Allstate Insurance Company v. Electrolux Home Products, Inc.
| Allstate Insurance Company |
| Electrolux Home Products Inc. |
| 1:2019cv02950 |
| May 17, 2019 |
| US District Court for the Eastern District of New York |
| James Orenstein |
| Allyne R Ross |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on June 27, 2019. A more recent docket listing may be available from PACER.
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| Filing 64 STATUS REPORT by Allstate Insurance Company (Mack, Raymond) |
STATUS REPORT ORDER re #64 Status Report -- The request is granted; discovery is stayed pending the outcome of mediation. I respectfully direct the parties to provide a joint status report by November 1, 2019. Ordered by Magistrate Judge James Orenstein on 6/27/2019. (Roantree, Bronwyn)
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| Filing 63 DEFENDANT ELECTROLUX HOME PRODUCTS, INC.S ANSWER to #61 Amended Complaint WITH AFFIRMATIVE DEFENSES by Electrolux Home Products Inc.. (Mee, Daniel) |
| Filing 62 Corporate Disclosure Statement by Allstate Insurance Company identifying Corporate Parent Allstate Insurance Holdings, LLC for Allstate Insurance Company. (Mack, Raymond) |
| Filing 61 AMENDED COMPLAINT against Electrolux Home Products Inc., filed by Allstate Insurance Company. (Mack, Raymond) |
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Filing 60
SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: June 6, 2019. Joint status report about mediation and referral to compulsory arbitration due by: June 6, 2019. First request for production of documents and first request for interrogatories due by: July 8, 2019. Deadline for joinder of additional parties and amendment of pleadings: August 23, 2019. Status Conference (with joint status report due two business days in advance): September 27, 2019, at 10:30 a.m. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: November 8, 2019. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): November 21, 2019, at 9:30 a.m. Dispositive motion process started by: December 5, 2019. Joint pretrial order due by: January 8, 2020. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 6/6/2019. (Orenstein, James)
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| Filing 59 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 6/6/2019. Scheduling: (1) The next status conference will be held on September 27, 2019, at 10:30 a.m. (2) A pretrial conference will be held on November 21, 2019, at 9:30 a.m. Summary: I will enter a separate case management and scheduling order that contemplates the completion of all discovery within five months. The plaintiff will promptly file an amended complaint tailored to the issues in this case. The parties anticipate the possibility of addressing the settlement of this case at a mediation session for a related case on June 20, 2019. I respectfully direct them to file a status report on the result of that mediation by June 27, 2019. Given that the parties agree that the amount in controversy does not exceed $150,000, I respectfully direct them to address, in their submission due by June 27, 2019, whether this case should not be referred to compulsory arbitration. See #Loc. Civ. R. 83.7(d)(1). (Orenstein, James) |
| Filing 58 NOTICE of Appearance by ANDREW G. HUNT on behalf of Allstate Insurance Company (notification declined or already on case) (HUNT, ANDREW) |
| Filing 57 NOTICE of Appearance by PATRICK A. HUGHES on behalf of Allstate Insurance Company (notification declined or already on case) (HUGHES, PATRICK) |
| Filing 56 NOTICE of Appearance by Raymond E. Mack on behalf of Allstate Insurance Company (notification declined or already on case) (Mack, Raymond) |
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ORDER granting #53 Motion for Leave to Appear Pro Hac Vice -- Attorney Patrick A. Hughes, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By June 7, 2019, Mr. Hughes shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Hughes shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Hughes shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 5/31/2019. (Roantree, Bronwyn)
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ORDER granting #54 Motion for Leave to Appear Pro Hac Vice -- Attorney Raymond E. Mack, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By June 7, 2019, Mr. Mack shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Mack shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Mack shall also ensure that the $150 admission fee be submitted to the Clerk's Office.Ordered by Magistrate Judge James Orenstein on 5/31/2019. (Roantree, Bronwyn)
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ORDER granting #55 Motion for Leave to Appear Pro Hac Vice -- Attorney Andrew G. Hunt, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By June 7, 2019, Mr. Hunt shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Hunt shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Hunt shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 5/31/2019. (Roantree, Bronwyn)
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| Filing 55 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11529640. by Allstate Insurance Company. (Foster, Megan) |
| Filing 54 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11529630. by Allstate Insurance Company. (Foster, Megan) |
| Filing 53 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11529586. by Allstate Insurance Company. (Foster, Megan) |
| Filing 52 STATUS REPORT - Joint Status Report by Electrolux Home Products Inc. (Osterman, David) |
| Filing 51 NOTICE of Appearance by Daniel Ian Mee on behalf of Electrolux Home Products Inc. (aty to be noticed) (Mee, Daniel) |
| Filing 50 NOTICE of Appearance by David S. Osterman on behalf of Electrolux Home Products Inc. (aty to be noticed) (Osterman, David) |
| Filing 49 NOTICE of Appearance by Megan K. Foster on behalf of Allstate Insurance Company (aty to be noticed) (Foster, Megan) |
| Case no longer referred to Magistrate Judge James Orenstein. (Mahoney, Brenna) |
| CONSENT to Jurisdiction by US Magistrate Judge; see docket entry #46 . Case reassigned to Magistrate Judge James Orenstein for all further proceedings. Judge Allyne R. Ross no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) |
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SCHEDULING ORDER: I will hold a status conference on June 6, 2019, at 10:00 a.m. in Courtroom 11D. I respectfully direct the parties to file a joint status report by May 30, 2019. Ordered by Magistrate Judge James Orenstein on 5/20/2019. (Roantree, Bronwyn)
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| Filing 48 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 47 Case transferred in from District of Pennsylvania Eastern; Case Number 5:18-cv-00699. Original file certified copy of transfer order and docket sheet received. |
| The case of Allstate Insurance Company v. Electrolux Home Products, Inc., has been transferred from Eastern District of Pennsylvania to the Eastern District of New York. The new case number is 19cv2950. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
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Filing 46
CONSENT AND ORDER TO JURISDICTION BY US MAGISTRATE JUDGE OF 4/25/2019 THAT THIS CASE IS REFERRED TO U.S. MAGISTRATE JUDGE HENRY S. PERKIN TO CONDUCT ALL PROCEEDINGS AND ORDER THE ENTRY OF A FINAL JUDGMENT, ETC. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 4/25/2019. 4/25/19 ENTERED AND COPIES E-MAILED.(DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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| Filing 45 NOTICE by ELECTROLUX HOME PRODUCTS, INC. Notice, Consent and Reference of a Civil Action to a Magistrate Judge (YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 44 ANSWER to #40 Amended Complaint with Affirmative Defenses by ELECTROLUX HOME PRODUCTS, INC..(YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
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Filing 43
ORDER OF 4/9/2019 THAT DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT ECF NO. 35, IS DENIED AS MOOT. SIGNED BY JUDGE: JOSEPH F. LEESON, JR. ON 4/9/19. 4/9/19 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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| Filing 42 STIPULATION re #40 Amended Complaint by ELECTROLUX HOME PRODUCTS, INC.. (YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 41 Letter to Judge Leeson showing cause re subject matter jurisdiction by ALLSTATE INSURANCE COMPANY. (HUGHES, PATRICK) Modified on 4/9/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 40 SECOND AMENDED COMPLAINT against ELECTROLUX HOME PRODUCTS, INC., filed by ALLSTATE INSURANCE COMPANY.(DT) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
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Filing 39
ORDER OF 4/5/2019 THAT THE PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT, ECF NO. 33, IS GRANTED. ETC. THE CLERK OF COURT IS DIRECTED TO DOCKET PLAINTIFF'S EXHIBIT A TO THE MOTION, SEE ECF NO. 33, IN A SEPARATE DOCUMENT AS THE SECOND AMENDED COMPLAINT. PLAINTIFF IS DIRECTED TO FILE WRITTEN CORRESPONDENCE IN LETTER FORM TO THE COURT TO SHOW CAUSE THAT THIS COURT HAS SUBJECT MATTER JURISDICTION OVER THE FOURTH PROPERTY SUBROGATION CLAIM ON OR BEFORE APRIL 8, 2019 AT 12:00PM. DEFENDANT SHALL FILE A RESPONSE TO THE SECOND AMENDED COMPLAINT ON OR BEFORE APRIL 10, 2019 AT 5:00PM. THE PERTIES JOINT REQUEST FOR EXTENSION OF THE SCHEDULING DEADLINES IN THE COURT'S JANUARY 9, 2019 ORDER IS GRANTED IN PART AS FOLLOWS: THE DEADLINE FOR THE COMPLETION OF ALL FACT DISCOVERY IS EXTENDD TO APRIL 26, 2019; THE DEADLINE FOR COMPLETION OF PLAINTIFF'S EXPERT DISCOVERY IS EXTENDED TO APRIL 26, 2019; THE DEADLINE FOR COMPLETION OF DEFENDANTS' EXPERT DISCOVERY IS EXTENDED TO MAY 13, 2019; AND ALL OTHER DEADLINES SET FORTH IN THIS COURT'S ORDER DATE JANUARY 9, 2019, ECF NO 26, REMAIN IN EFFECT. ETC. SIGNED BY JUDGE: JOSEPH F. LEESON, JR., ON 4/5/2019. 4/5/2019 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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| Filing 38 RESPONSE in Opposition re #35 MOTION for Partial Summary Judgment filed by ALLSTATE INSURANCE COMPANY. (Attachments: #1 Memorandum, #2 Response to Statement of Undisputed Facts, #3 Text of Proposed Order)(HUGHES, PATRICK) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 37 MEMORANDUM of Law in Support of Opposition re #34 MOTION for Partial Summary Judgment filed by ELECTROLUX HOME PRODUCTS, INC. Certificate of Service. (Attachments: #1 Counterstatement of Facts, #2 Text of Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(YEMMA, MELISSA) Modified on 3/26/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 36 MEMORANDUM of Law in Support of Opposition re #33 MOTION for Leave to File a Second Amended Complaint filed by ELECTROLUX HOME PRODUCTS, INC. Certificate of Service. (Attachments: #1 Text of Proposed Order)(YEMMA, MELISSA) Modified on 3/25/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 35 MOTION for Partial Summary Judgment filed by ELECTROLUX HOME PRODUCTS, INC..Certificate of Service. (Attachments: #1 Memorandum, #2 Statement of Undisputed Facts, #3 Text of Proposed Order, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H)(YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 34 MOTION for Partial Summary Judgment filed by ALLSTATE INSURANCE COMPANY.Certificate of Service. (Attachments: #1 Memorandum of Law, #2 Statement of Undisputed Facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(HUGHES, PATRICK) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 33 MOTION for Leave to File a Second Amended Complaint filed by ALLSTATE INSURANCE COMPANY.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Exhibit A)(HUGHES, PATRICK) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 32 FILED IN ERROR (DT) (dt, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 31 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN. A Telephonic Pretrial Conference was held on 2/28/2019. (DT) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
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Filing 30
AMENDED TELEPHONIC SETTLEMENT/STATUS CONFERENCE SCHEDULING ORDER OF 1/30/2019 THAT A TELEPHONIC SETTLEMENT/STATUS CONFERENCE IN THE ABOVE CAPTIONED CASE WILL BE HELD ON THURSDAY, FEBRUARY 28, 2019 (INSTEAD OF MONDAY, FEBRUARY 11, 2019) AT 2:30PM BEFORE THE HONORABLE HENRY S. PERKIN, U.S. MAGISTRATE JUDGE. THE COURT DIRECTS PATRICK A. HUGHES, ESQUIRE TO INITIATE THE CALL. ETC. SIGNED BY MAGISTRATE JUDGE: HENRY S. PERKIN ON 1/30/2019. 1/30/2019 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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Filing 29
SETTLEMENT CONFERENCE SCHEDULING ORDER OF 1/15/2019 THAT AN IN PERSON SETTLEMENT CONFERENCE WILL BE HELD ON MAY 30, 2019 AT 9:30AM. ETC. SIGNED BY MAGISTRATE JUDGE: HENRY S. PERKIN ON 1/15/2019. 1/15/2019 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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Filing 28
TELEPHONIC SETTLEMENT/STATUS CONFERENCE SCHEDULING ORDER OF 1/15/2019 THAT A TELEPHONIC SETTLEMENT/STATUS CONFERENCE IN THE ABOVE CAPTIONED CASE WILL BE HELD ON FEBRUARY 11, 2019 AT 2:30PM. ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 1/15/2019. 1/15/2019 ENTERED AND COPIES E-MAILED.(DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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Filing 27
ORDER OF 1/9/2019 THAT THE WITHIN MATTER IS REFERRED TO U.S. MAGISTRATE JUDGE HENRY S. PERKIN TO SCHEDULE AND CONDUCT A SETTLEMENT CONFERENCE ON OR AFTER APRIL 8, 2019. ETC. IN THE EVENT ANY DEFENDANT HAS NOT YET ENTERED AND APPEARANCE AT THE TIME OF THIS ORDER, PLAINTIFF SHALL SERVE A COPY OF THIS ORDER UPON THAT DEFENDANT. AS A MATTER OF STANDARD OPERATING PROCEDURE, THE OFFICE OF THE U.S. MAGISTRATE JUDGE WILL CONTACT COUNSEL FOR THE PARTIES IN THE NEAR FUTURE. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 1/9/2019. 1/9/2019 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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Filing 26
SCHEDULING ORDER: OF 1/9/2019 DEADLINE FOR COMPLETION OF ALL FACT DISCOVERY APRIL 8, 2019; ETC. DEADLINE FOR FILING OF DISPOSITIVE MOTIONS NO LATER THAN MARCH 11, 2019. ETC. FINAL PRETRIAL CONFERENCE SET FOR 6/5/2019 04:00 PM IN COURTROOM BEFORE HONORABLE JOSEPH F. LEESON JR. ETC. TRIAL DATE SET FOR 6/10/2019 09:00 AM OR AS SOON THEREAFTER AS THE SCHEDULE OF THE COURT PERMITS. ETC. SIGNED BY JUDGE JOSEPH F. LEESON, JR ON 1/9/19. 1/9/19 ENTERED AND COPIES E-MAILED.(DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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| Filing 25 Minute Entry for proceedings held before HONORABLE JOSEPH F. LEESON, JR. Pretrial Conference was held on 1/8/19. (DT) Modified on 1/10/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 24 NOTICE OF SCHEDULING OF INITIAL FED.R.CIV.P. 16 PRETRIAL CONFERENCE: AN INITIAL FEDERAL RULE OF CIVIL PROCEDURE 16 PRETRIAL CONFERENCE HAS BEEN SCHEDULED FOR TUESDAY, JANUARY 8, 2019, AT 2:00 P.M. BEFORE THE HONORABLE JOSEPH F. LEESON, JR. AT THE EDWARD N. CAHN U.S. COURTHOUSE AND FEDERAL BUILDING, COURTROOM C, THIRD FLOOR, 504 WEST HAMILTON STREET, ALLENTOWN, PENNSYLVANIA.(dja, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 23 ANSWER to #22 Amended Complaint by ELECTROLUX HOME PRODUCTS, INC..(YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 22 AMENDED COMPLAINT against ELECTROLUX HOME PRODUCTS, INC., filed by ALLSTATE INSURANCE COMPANY, APPENDIX A, JURY TRIAL DEMAND, CERTIFICATE OF SERVICE. (Attachments: #1 Appendix, #2 Certificate of Service)(rf, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
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Filing 21
ORDER OF 10/3/2018 THAT UPON CONSIDERATION OF THE COURT'S ORDER AND OPINION ISSUED AUGUST 3, 2018, ECF NOS. 16 AND 17, THE COURT'S OPINION ISSUED SIMULTANEOUSLY WITH THIS ORDER, PLAINTIFF'S BRIEF IN SUPPORT OF IT'S MOTION FOR RECONSIDERATION OR IN THE ALTERNATIVE MOTION TO JOIN AND CONSOLIDATE, ECF NO. 18, AND DEFENDANT ELECTROLUX HOME PRODUCTS, INC.'S OPPOSITION TO PLAINTIFF'S MOTION FOR RECONSIDERATION, ECF NO. 19, IT IS ORDERED AS FOLLOWS: PLAINTIFF'S MOTION, ECF NO. 19, IS DENIED IN PART AND GRANTED IN PART. A. PLAINTIFF'S QUESTION 1 IN ITS BRIEF IN SUPPORT OF ITS MOTION IS DENIED WITH PREJUDICE. ETC. B. PLAINTIFF'S QUESTION 2 IN ITS BRIEF IN SUPPORT OF ITS MOTION IS DENIED WITHOUT PREJUDICE. PLAINTIFF'S QUESTION 3 IN ITS BRIEF IN SUPPORT OF ITS MOTION IS GRANTED. ANY RENEWED MOTION FOR RECONSIDERATION AS TO QUESTION 2 SHALL MEET THE FOLLOWING REQUIREMENTS: SUCH MOTION SHALL BE FILED ON OR BEFORE 5:00PM, OCTOBER 12, 2018. ETC. PLAINTIFF IS DIRECTED TO FILE AN AMENDED COMPLAINT FOR CLAIMS "WWW", "XXX", AND "BBB" NO LATER THAN OCTOBER 19, 2018. ETC. SIGNED BY JUDGE: JOSEPH F. LEESON. 10/3/2018 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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| Filing 20 OPINION OF 10/3/2018. SIGNED BY HONORABLE JOSEPH F. LEESON, JR. 10/3/2018 ENTERED AND COPIES MAILED AND E-MAILED.(DT) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 19 RESPONSE in Opposition re #18 MOTION for Reconsideration or in the Alternative MOTION to Join and Consolidate filed by ELECTROLUX HOME PRODUCTS, INC.. (Attachments: #1 Text of Proposed Order)(YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 18 MOTION for Reconsideration or in the Alternative MOTION to Join and Consolidate re #17 Order (Memorandum and/or Opinion), filed by ALLSTATE INSURANCE COMPANY.Certificate of Service, Brief. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(HUGHES, PATRICK) Modified on 8/20/2018 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 17 OPINION/ORDER THAT DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO SEVER AND DISMISS, ECF NO. 9, IS GRANTED IN PART AND DENIED IN PART. THE COURT RETAINS JURISDICTION OVER CLAIMS "www", "xxx", and "bbbb", AND DIRECTS PLAINTIFF TO FILE AMENDED COMPLAINTS FOR THESE CLAIMS NO LATER THAN AUGUST 17, 2018. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/3/18. 8/3/18 ENTERED AND COPIES E-MAILED. (ky, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 16 MEMORANDUM/OPINION THAT DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO SEVER AND DISMISS, IS GRANTED IN PART AND DENIED IN PART. A SEPARATE ORDER FOLLOWS. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/3/18. 8/3/18 ENTERED AND COPIES E-MAILED.(ky, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| AMENDED PLEADINGS DUE BY 8/17/2018. (ky, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 15 Notice of Supplemental Authority re #9 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Sever and Dismiss for Lack of Subject Matter Jurisdiction -- Notice of Supplemental Authority filed by ELECTROLUX HOME PRODUCTS, INC.. (Attachments: #1 Exhibit A)(YEMMA, MELISSA) Modified on 6/15/2018 (tjd). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 14 PLAINTIFF'S SUR-REPLY IN SUPPORT OF ITS RESPONSE TO DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, IN THE ALTERNATIVE, SEVER AND DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION. (ky, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
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Filing 13
ORDER THAT PLAINTIFF'S REQUEST FOR LEAVE TO FILE A SUR-REPLY IS GRANTED, AND THE COURT WILL CONSIDER THE SUR-REPLY BRIEF ATTACHED TO PLAINTIFF'S REQUEST. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/12/18. 4/12/18 ENTERED AND COPIES E-MAILED. (ky, ) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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| Filing 12 REQUEST for Leave to File SurReply filed by ALLSTATE INSURANCE COMPANY.Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 SurReply, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K)(HUGHES, PATRICK) Modified on 4/13/2018 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 11 REPLY in Support re #9 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Sever and Dismiss for Lack of Subject Matter Jurisdiction filed by ELECTROLUX HOME PRODUCTS, INC. Certificate of Service. (YEMMA, MELISSA) Modified on 4/10/2018 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 10 RESPONSE in Opposition re #9 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Sever and Dismiss for Lack of Subject Matter Jurisdiction filed by ALLSTATE INSURANCE COMPANY, BRIEF AND CERTIFICATE OF SERVICE. (Attachments: #1 Brief in Support of Response, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(HUGHES, PATRICK) Modified on 4/3/2018 (afm, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Sever and Dismiss for Lack of Subject Matter Jurisdiction filed by ELECTROLUX HOME PRODUCTS, INC..Certificate of Service and Brief. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 8 NOTICE of Appearance by MELISSA LYNN YEMMA on behalf of ELECTROLUX HOME PRODUCTS, INC. with Certificate of Service(YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 7 NOTICE of Appearance by CHERYL M. NICOLSON on behalf of ELECTROLUX HOME PRODUCTS, INC. with Certificate of Service(NICOLSON, CHERYL) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 6 AFFIDAVIT of Service re: served Complaint upon Electrolux Home Products, Inc by Certified Mail on 2/26/2018, answer due 3/19/2018. (Attachments: #1 Exhibit Exhibit A)(HUGHES, PATRICK) Modified on 3/5/2018 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 5 NOTICE of Appearance by ANDREW G. HUNT on behalf of ALLSTATE INSURANCE COMPANY with Jury Demanded and Certificate of Service(HUNT, ANDREW) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 4 NOTICE of Appearance by RAYMOND E. MACK on behalf of ALLSTATE INSURANCE COMPANY with Jury Demanded and Certificate of Service(MACK, RAYMOND) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 3 INITIAL PROCEDURAL ORDER THAT GOVERNS THE CASE AND CONTAINS RULES OF PRACTICE THAT MUST BE FOLLOWED IN ADDITION TO THIS DISTRICT'S LOCAL RULES OF CIVIL PROCEDURE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/20/18. 2/20/18 ENTERED AND COPIES E-MAILED. (ky, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent ALLSTATE INSURANCE HOLDINGS, LLC for ALLSTATE INSURANCE COMPANY. by ALLSTATE INSURANCE COMPANY.(jwl, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 1 COMPLAINT against ELECTROLUX HOME PRODUCTS, INC. ( Filing fee $ 400 receipt number 173655.), filed by ALLSTATE INSURANCE COMPANY. (Attachments: #1 Case Management Track Form, #2 Civil Cover Sheet, #3 Designation Form)(jwl, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| DEMAND for Trial by Jury by ALLSTATE INSURANCE COMPANY. (jwl, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Summons Issued as to ELECTROLUX HOME PRODUCTS, INC.. One Forwarded To: Counsel on 2/16/18 (jwl, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
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