FORTSON V. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY
| ELIZABETH V. FORTSON |
| GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY |
| CCC Intelligent Solutions Inc. |
| 1:2019cv00294 |
| March 15, 2019 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOE L WEBSTER |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 13, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 216
NOTICE by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY Notice of Filing Chart Setting Forth Location of Documents Subject to Motions to Seal (ECKELBERRY, RODGER)
|
|
Filing 215
APPENDIX re #211 Appendix Part 5 of Supplemental Joint Appendix by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (ECKELBERRY, RODGER)
|
|
Filing 214
APPENDIX re #211 Appendix Part 4 of Supplemental Joint Appendix by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (ECKELBERRY, RODGER)
|
|
Filing 213
APPENDIX re #211 Appendix Part 3 of Supplemental Joint Appendix by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (ECKELBERRY, RODGER)
|
|
Filing 212
APPENDIX re #211 Appendix Part 2 of Supplemental Joint Appendix by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (ECKELBERRY, RODGER)
|
|
Filing 211
APPENDIX Part 1 of Supplemental Joint Appendix by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (ECKELBERRY, RODGER)
|
|
TEXT ORDER re #208 Memorandum Opinion and Order issued by JUDGE CATHERINE C. EAGLES on 3/31/22. CCC Intelligent Solutions, Inc's motion to seal is granted as to pages 84 to 96 of DJA Tab 51 (Doc. 104) - The Maritz Study. (Winchester, Robin)
|
|
Filing 210
RULE 42(b) MANDATE of USCA as to #205 Notice of Appeal filed by ELIZABETH V. FORTSON, that this court's order dismissing this appeal pursuant to Local Rule 42(b) takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (USCA case number 22-1192). (Bowers, Alexis)
|
|
Filing 209
ORDER of USCA as to #205 Notice of Appeal filed by ELIZABETH V. FORTSON, upon consideration of the motion to voluntarily dismiss this case pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, and there appearing no opposition, the court grants the motion. (USCA case number 22-1192). (Bowers, Alexis)
|
|
Filing 208
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 03/18/2022, that:1. The defendant's motion to seal, Doc. #115 , is GRANTED in part, and non-party CCC Intelligent Solution Inc.'s motion to seal, Doc. #119 , is GRANTED in part, and supplemental motion to seal, Doc. #131 , is GRANTED, and otherwise is DENIED, as stated herein and in the attached chart. 2. No later than April 4, 2022, CCC and Garrison shall file a supplement to the Joint Appendix removing the redactions and including those pages as to which the motion to seal is denied, as stated herein and in the attached chart. 3. No later than April 15, 2022, CCC and Garrison shall file on the public docket a chart that sets forth in one place the locations of the various documents subject to the motion to seal, following the directions set forth in this order. 4. The Clerk shall maintain under seal the entire version of the joint appendix that was initially filed under seal, Doc. #103 -13, until June 1, 2027, absent a motion to extend the seal filed no later than May 1, 2027. (Bowers, Alexis)
|
|
Filing 207
NOTICE of Docketing Record on Appeal from USCA re #205 Notice of Appeal filed by ELIZABETH V. FORTSON. USCA Case Manager: Ashley Brownlee. USCA Case Number 22-1192. (Sheets, Jamie)
|
|
Filing 206
Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #205 Notice of Appeal. (Sheets, Jamie)
|
|
Filing 205
NOTICE OF APPEAL by ELIZABETH V. FORTSON. Filing fee $ 505, receipt number ANCMDC-3242037. (CAREY, ROBERT)
|
|
Filing 204
JUDGMENT signed by JUDGE CATHERINE C. EAGLES on 1/24/2022. For the reasons set forth in the Orders filed on January 13, 2022, Doc. #194 , and January 21, 2022, Doc. #202 , It is hereby ORDERED AND ADJUDGED that the defendant's motion for summary judgment, Doc. #78 , is GRANTED and the plaintiff's claims are DISMISSED with prejudice. (Sheets, Jamie)
|
|
Filing 203
ORDER signed by JUDGE CATHERINE C. EAGLES on 1/21/2022; CCC does not request any redactions to the January 13, 2022, Memorandum Opinion and Order (Sealed) Doc. #194 . The Clerk SHALL unseal the Order at Doc. #194 and make it available on the public docket. CCC also asks for more time to identify and move to seal any trial exhibits. As the Court has granted summary judgment in favor of the defendant and there will be no trial, there is no need for CCC to file such a motion. To the extent trial exhibits were produced subject to a protective order, the parties remain subject to the requirements of that order. The motion, Doc. #199 , is DENIED as moot. (Sheets, Jamie)
|
|
Filing 202
ORDER signed by JUDGE CATHERINE C. EAGLES on 1/21/2022; that Ms. Fortson's motion for reconsideration, Doc. #142 , is GRANTED and the Court's Order at Doc. #124 is VACATED AND WITHDRAWN. Garrison's motion for summary judgment, Doc. #78 , is GRANTED in remaining part and Ms. Fortson's claims for breach of contract and breach of the implied covenant of good faith and fair dealing are DISMISSED. Ms. Fortson's motion for class certification, Doc. #76 , is DENIED as moot. Garrison's motion to dismiss for lack of jurisdiction, Doc. #139 , is WITHDRAWN. Doc. #198 . The motions in limine, Docs. #146 , #148 , #150 , #152 , #154 , #156 , #158 , #160 , #162 , are DENIED as moot. The motion to quash subpoena duces tecum, Doc. 2 (22-MC-002), is DENIED as moot. The motions to seal, Docs. #115 , #119 , #131 , remain pending. Judgment will be entered as time permits. (Sheets, Jamie)
|
|
Motions Submitted: #142 MOTION for Reconsideration , #146 First MOTION in Limine , #150 Third MOTION in Limine , #152 Fourth MOTION in Limine , #154 Fifth MOTION in Limine #156 Sixth MOTION in Limine , #158 Seventh MOTION in Limine , #160 Eighth MOTION in Limine , #160 Eighth MOTION in Limine , #162 MOTION in Limine (Plaintiff's Motions in Limine 1 - 13), #199 Consent MOTION for Extension of Time to File Motion to Seal Trial Exhibits and Statement Regarding Confidentiality of Summary Judgment Opinion, to JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
|
|
Filing 201
REPLY, filed by Plaintiff ELIZABETH V. FORTSON, to Response to #142 MOTION for Reconsideration filed by ELIZABETH V. FORTSON. (DESTEFANO, JOHN)
|
|
Filing 200
BRIEF re #199 Consent MOTION for Extension of Time to File Motion to Seal Trial Exhibits and Statement Regarding Confidentiality of Summary Judgment Opinion by Movant CCC Intelligent Solutions Inc. filed by CCC Intelligent Solutions Inc.. (BRINSON, CLIFTON)
|
|
Filing 199
Consent MOTION for Extension of Time to File Motion to Seal Trial Exhibits and Statement Regarding Confidentiality of Summary Judgment Opinion by CCC Intelligent Solutions Inc.. (Attachments: #1 Text of Proposed Order)(BRINSON, CLIFTON)
|
|
Filing 198
WITHDRAWAL of Motion by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #139 MOTION to Dismiss for Lack of Jurisdiction filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY (ECKELBERRY, RODGER)
|
|
Filing 197
NOTICE by ELIZABETH V. FORTSON (Notice of Filing of Order) (Attachments: #1 Exhibit A)(DESTEFANO, JOHN)
|
|
Filing 196
ORDER re #195 Redacted Memorandum Opinion and Order and #194 SEALED Memorandum Opinion and Order. Signed by JUDGE CATHERINE C. EAGLES on 1/13/2022. (Marsh, Keah)
|
|
Filing 195
Redacted MEMORANDUM OPINION AND ORDER reference #194 SEALED Memorandum Opinion and Order. (Marsh, Keah)
|
|
Filing 194
MEMORANDUM OPINION AND ORDER granting #78 Motion for Summary Judgment. Signed by JUDGE CATHERINE C. EAGLES on 1/13/2022. (Marsh, Keah) Modified on 1/21/2022 to unseal per #203 Order. (Sheets, Jamie)
|
|
Filing 193
RESPONSE in Opposition re #142 MOTION for Reconsideration filed by ELIZABETH V. FORTSON, #143 Memorandum filed by ELIZABETH V. FORTSON filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Replies due by 1/19/2022 (ECKELBERRY, RODGER)
|
|
Filing 192
NOTICE by ELIZABETH V. FORTSON re #183 Response in Opposition to Motion (Certificate of Word Count) (DESTEFANO, JOHN)
|
|
Filing 191
NOTICE by ELIZABETH V. FORTSON re #182 Response in Opposition to Motion (Certificate of Word Count) (DESTEFANO, JOHN)
|
|
Filing 190
NOTICE by ELIZABETH V. FORTSON re #181 Response in Opposition to Motion (Certificate of Word Count) (DESTEFANO, JOHN)
|
|
Filing 189
NOTICE by ELIZABETH V. FORTSON re #180 Response in Opposition to Motion (Certificate of Word Count) (DESTEFANO, JOHN)
|
|
Filing 188
NOTICE by ELIZABETH V. FORTSON re #179 Response in Opposition to Motion (Certificate of Word Count) (DESTEFANO, JOHN)
|
|
Filing 187
NOTICE by ELIZABETH V. FORTSON re #178 Response in Opposition to Motion (Certificate of Word Count) (DESTEFANO, JOHN)
|
|
Filing 186
NOTICE by ELIZABETH V. FORTSON re #177 Response in Opposition to Motion (Certificate of Word Count) (DESTEFANO, JOHN)
|
|
Filing 185
NOTICE by ELIZABETH V. FORTSON re #176 Response in Opposition to Motion (Certificate of Word Count) (DESTEFANO, JOHN)
|
|
Filing 184
RESPONSE in Opposition re #139 MOTION to Dismiss for Lack of Jurisdiction filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, #140 Brief filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY filed by ELIZABETH V. FORTSON. Replies due by 1/18/2022 (CAREY, ROBERT)
|
|
Filing 183
RESPONSE in Opposition re #161 Brief, #160 Eighth MOTION in Limine filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY filed by ELIZABETH V. FORTSON. Replies due by 1/13/2022 (DESTEFANO, JOHN)
|
|
Filing 182
RESPONSE in Opposition re #159 Brief, #158 Seventh MOTION in Limine filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY filed by ELIZABETH V. FORTSON. Replies due by 1/13/2022 (DESTEFANO, JOHN)
|
|
Filing 181
RESPONSE in Opposition re #156 Sixth MOTION in Limine filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, #157 Brief filed by ELIZABETH V. FORTSON. Replies due by 1/13/2022 (DESTEFANO, JOHN)
|
|
Filing 180
RESPONSE in Opposition re #154 Fifth MOTION in Limine filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, #155 Brief filed by ELIZABETH V. FORTSON. Replies due by 1/13/2022 (DESTEFANO, JOHN)
|
|
Filing 179
RESPONSE in Opposition re #153 Brief, #152 Fourth MOTION in Limine filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY filed by ELIZABETH V. FORTSON. Replies due by 1/13/2022 (DESTEFANO, JOHN)
|
|
Filing 178
RESPONSE in Opposition re #151 Brief, #150 Third MOTION in Limine filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY filed by ELIZABETH V. FORTSON. Replies due by 1/13/2022 (DESTEFANO, JOHN)
|
|
Filing 177
RESPONSE in Opposition re #148 Second MOTION in Limine filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, #149 Brief filed by ELIZABETH V. FORTSON. Replies due by 1/13/2022 (DESTEFANO, JOHN)
|
|
Filing 176
RESPONSE in Opposition re #147 Brief, #146 First MOTION in Limine filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY filed by ELIZABETH V. FORTSON. Replies due by 1/13/2022 (DESTEFANO, JOHN)
|
|
Filing 175
NOTICE by ELIZABETH V. FORTSON of Withdrawal of Plaintiff's Motions in Limine 4, 9 and 11 (DESTEFANO, JOHN)
|
|
Filing 174
RESPONSE in Opposition re #162 MOTION in Limine (Plaintiff's Motions in Limine 1 - 13) filed by ELIZABETH V. FORTSON Re: Plaintiff's Motion in Limine No. 13 filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Replies due by 1/13/2022 (ECKELBERRY, RODGER)
|
|
Filing 173
RESPONSE in Opposition re #162 MOTION in Limine (Plaintiff's Motions in Limine 1 - 13) filed by ELIZABETH V. FORTSON Re: Plaintiff's Motion in Limine No. 12 filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Replies due by 1/13/2022 (ECKELBERRY, RODGER)
|
|
Filing 172
RESPONSE in Opposition re #162 MOTION in Limine (Plaintiff's Motions in Limine 1 - 13) filed by ELIZABETH V. FORTSON Re: Plaintiff's Motion in Limine No. 10 filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Replies due by 1/13/2022 (ECKELBERRY, RODGER)
|
|
Filing 171
RESPONSE in Opposition re #162 MOTION in Limine (Plaintiff's Motions in Limine 1 - 13) filed by ELIZABETH V. FORTSON Re: Plaintiff's Motion in Limine No. 8 filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Replies due by 1/13/2022 (ECKELBERRY, RODGER)
|
|
Filing 170
RESPONSE in Opposition re #162 MOTION in Limine (Plaintiff's Motions in Limine 1 - 13) filed by ELIZABETH V. FORTSON Re: Plaintiff's Motion in Limine No. 7 filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Replies due by 1/13/2022 (ECKELBERRY, RODGER)
|
|
Filing 169
RESPONSE in Opposition re #162 MOTION in Limine (Plaintiff's Motions in Limine 1 - 13) filed by ELIZABETH V. FORTSON Re: Plaintiff's Motion in Limine No. 6 filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Replies due by 1/13/2022 (ECKELBERRY, RODGER)
|
|
Filing 168
RESPONSE in Opposition re #162 MOTION in Limine (Plaintiff's Motions in Limine 1 - 13) filed by ELIZABETH V. FORTSON Re: Plaintiff's Motion in Limine No. 5 filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Replies due by 1/13/2022 (ECKELBERRY, RODGER)
|
|
Filing 167
RESPONSE in Opposition re #162 MOTION in Limine (Plaintiff's Motions in Limine 1 - 13) filed by ELIZABETH V. FORTSON Re: Plaintiff's Motion in Limine No. 3 filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Replies due by 1/13/2022 (ECKELBERRY, RODGER)
|
|
Filing 166
RESPONSE in Opposition re #162 MOTION in Limine (Plaintiff's Motions in Limine 1 - 13) filed by ELIZABETH V. FORTSON Re: Plaintiff's Motion in Limine No. 2 filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Replies due by 1/13/2022 (ECKELBERRY, RODGER)
|
|
Filing 165
RESPONSE in Opposition re #162 MOTION in Limine (Plaintiff's Motions in Limine 1 - 13) filed by ELIZABETH V. FORTSON Re: Plaintiff's Motion in Limine No. 1 filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Replies due by 1/13/2022 (ECKELBERRY, RODGER)
|
|
Filing 164
NOTICE by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #132 Order,, Joint Submission of Proposed Revisions to Draft Order (Attachments: #1 Exhibit A, #2 Exhibit B)(ECKELBERRY, RODGER)
|
|
Filing 163
OBJECTION - Other re #135 Final Pretrial Disclosures, #134 Final Pretrial Disclosures by Plaintiff ELIZABETH V. FORTSON. (CAREY, ROBERT)
|
|
Filing 162
MOTION in Limine (Plaintiff's Motions in Limine 1 - 13) by ELIZABETH V. FORTSON. Response to Motion due by 1/7/2022 (CAREY, ROBERT)
|
|
Filing 161
BRIEF re #160 Eighth MOTION in Limine . (ECKELBERRY, RODGER)
|
|
Filing 160
Eighth MOTION in Limine by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 1/7/2022 (ECKELBERRY, RODGER)
|
|
Filing 159
BRIEF re #158 Seventh MOTION in Limine . (ECKELBERRY, RODGER)
|
|
Filing 158
Seventh MOTION in Limine by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 1/7/2022 (ECKELBERRY, RODGER)
|
|
Filing 157
BRIEF re #156 Sixth MOTION in Limine . (ECKELBERRY, RODGER)
|
|
Filing 156
Sixth MOTION in Limine by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 1/7/2022 (ECKELBERRY, RODGER)
|
|
Filing 155
BRIEF re #154 Fifth MOTION in Limine . (ECKELBERRY, RODGER)
|
|
Filing 154
Fifth MOTION in Limine by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 1/7/2022 (ECKELBERRY, RODGER)
|
|
Filing 153
BRIEF re #152 Fourth MOTION in Limine . (Attachments: #1 Exhibit DeStefano Email)(ECKELBERRY, RODGER)
|
|
Filing 152
Fourth MOTION in Limine by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 1/7/2022 (ECKELBERRY, RODGER)
|
|
Filing 151
BRIEF re #150 Third MOTION in Limine . (ECKELBERRY, RODGER)
|
|
Filing 150
Third MOTION in Limine by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 1/7/2022 (ECKELBERRY, RODGER)
|
|
Filing 149
BRIEF re #148 Second MOTION in Limine . (ECKELBERRY, RODGER)
|
|
Filing 148
Second MOTION in Limine by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 1/7/2022 (ECKELBERRY, RODGER)
|
|
Filing 147
BRIEF re #146 First MOTION in Limine . (Attachments: #1 Exhibit Plaintiff's Response in Opposition)(ECKELBERRY, RODGER)
|
|
Filing 146
First MOTION in Limine by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 1/7/2022 (ECKELBERRY, RODGER)
|
|
Filing 145
OBJECTION - Other re #138 Final Pretrial Disclosures by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (ECKELBERRY, RODGER)
|
|
Filing 144
Proposed Jury Instructions by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY and Plaintiff ELIZABETH FORTSON.(TYNAN, MATTHEW)
|
|
TEXT ORDER on request from counsel via email and in light of substantial progress, the deadline for the parties to submit their edits to the Court's draft order is extended in the court's discretion until December 17, 2021 issued by JUDGE CATHERINE C. EAGLES on 12/16/2021. (Winchester, Robin)
|
|
Filing 143
MEMORANDUM filed by Plaintiff ELIZABETH V. FORTSON re #142 MOTION for Reconsideration filed by ELIZABETH V. FORTSON. (CAREY, ROBERT)
|
|
Filing 142
MOTION for Reconsideration by ELIZABETH V. FORTSON. Response to Motion due by 1/5/2022 (CAREY, ROBERT)
|
|
Filing 141
ORDER signed by JUDGE CATHERINE C. EAGLES on 12/14/2021; that no later than December 21, 2021, the parties shall share their witness and exhibit lists with CCC Intelligent Solutions, Inc. and shall specifically identify any exhibits that CCC or the defendant produced pursuant to the protective order. No later than January 5, 2022, CCC shall provide the parties with a draft list of testimony and exhibits it will ask the Court to seal, similar to what is required in LR 40.1(d)(2). No later than January 10, 2022, the parties and CCC shall meet and confer to evaluate the best way to proceed at trial so as to minimize the need to ask the Court to seal the courtroom, exhibits, or testimony, similar to what is required in LR 40.1(d). No later than January 24, 2022, CCC must file a motion to seal directed to any testimony or exhibits likely to be offered at trial that it contends should not be disclosed in the open courtroom during trial or not be publicly available after trial, as set out herein. If CCC files such a motion and any party or other interested person objects to the motion, a response in opposition must be filed no later than February 7, 2022, limited to 5000 words. CCC may file a reply brief limited to 2500 words no later than February 14, 2022. (Sheets, Jamie)
|
|
Filing 140
Supporting BRIEF re #139 MOTION to Dismiss for Lack of Jurisdiction by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (ECKELBERRY, RODGER)
|
|
Filing 139
MOTION to Dismiss for Lack of Jurisdiction by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 1/3/2022 (ECKELBERRY, RODGER)
|
|
Motions Submitted: #131 Supplemental MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(, #119 MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] to JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
|
|
Filing 138
FINAL PRETRIAL DISCLOSURES by ELIZABETH V. FORTSON.(DESTEFANO, JOHN)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Settlement Conference held on 12/7/2021 Attorneys J. Michael Malon, John M. Destefano and Robert Carey present with plaintiff Elizabeth Fortson. Attorneys Rodger Eckelberry and Matthew B. Tynan present as counsel for defendant along with David Nelson, Client Representative for defendant appeared via zoom. Parties were unable to reach settlement. Case removed from the January 2022 Trial Calendar. Court modifies deadlines, parties are to exchange proposed verdict sheets right away and file proposed verdict sheets, jury instructions and joint submission on facts on 12/16/2021; parties are to consult regarding the jury instructions and file jointly to the extent parties agree; parties are to exchange motions in limine on 12/10/2021, meet and confer and file the motions in limine to the extent they are necessary on 12/17/2021; Responses due on 12/30/2021. No trial briefs until further order of the court. Objections to exhibits and deposition designations and counter designations are due as scheduled. Plaintiff should file their exhibit/witness list designations today or tomorrow. The Court will enter a written or text order 12/10/21 setting a deadline for the non-party to file LR40.1(d) motion. (Court Reporter Jane Allen.) (Winchester, Robin)
|
|
TEXT ORDER granting Doc #136 and allowing defendant's client representative to attend via remote technology managed by defense counsel issued by JUDGE CATHERINE C. EAGLES on 12/6/21.(Winchester, Robin)
|
|
Filing 137
CERTIFICATE OF SERVICE by ELIZABETH V. FORTSON Re Plaintiff's Pretrial Disclosures (DESTEFANO, JOHN)
|
|
Filing 136
MOTION for Client Representative to Appear Remotely at Settlement Conference by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 12/27/2021 (Attachments: #1 Text of Proposed Order)(PHILLIPS, REID)
|
|
Filing 135
FINAL PRETRIAL DISCLOSURES by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY.(ECKELBERRY, RODGER)
|
|
Filing 134
FINAL PRETRIAL DISCLOSURES by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (Attachments: #1 Exhibit Deposition Transcript)(ECKELBERRY, RODGER)
|
|
Filing 133
Witness List by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY.(ECKELBERRY, RODGER)
|
|
Filing 132
TEXT ORDER the parties are directed to review the attached rough draft and to meet and confer in detail, line by line, about any needed corrections or additions to the facts and about the best way for the Court to receive the comments of the parties. At the upcoming settlement conference, if the case does not settle, the Court will discuss with counsel the general extent of suggested corrections and the best way for the Court to receive quickly the comments of the parties issued by JUDGE CATHERINE C. EAGLES on 11/29/2021. (Winchester, Robin)
|
|
Filing 131
Supplemental MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by CCC Intelligent Solutions Inc.. Response to Motion due by 12/7/2021 (Attachments: #1 Exhibit A - Declaration of John Gintvainis)(BRINSON, CLIFTON)
|
|
Motions Submitted: #76 MOTION to Certify Class , #119 MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).], #115 MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] to JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
|
|
Filing 130
NOTICE of Special Appearance by attorney BRIAN P. BORCHARD on behalf of Movant CCC Intelligent Solutions Inc. ( Filing fee $ 25 receipt number 0418-3178534.) (BORCHARD, BRIAN)
|
|
Filing 129
NOTICE of Special Appearance by attorney MIRANDA E. WARGO on behalf of Movant CCC Intelligent Solutions Inc. ( Filing fee $ 25 receipt number 0418-3178530.) (WARGO, MIRANDA)
|
|
Filing 128
NOTICE of Special Appearance by attorney TIMOTHY B. HARDWICKE on behalf of Movant CCC Intelligent Solutions Inc. ( Filing fee $ 25 receipt number 0418-3178521.) (HARDWICKE, TIMOTHY)
|
|
Filing 127
APPENDIX (Plaintiff's Joint Appendix - Vol. 4) by Plaintiff ELIZABETH V. FORTSON. (DESTEFANO, JOHN)
|
|
Filing 126
SEALED UNREDACTED DOCUMENTS filed by Plaintiff ELIZABETH V. FORTSON, Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #76 Motion to Certify Class. (Attachments: #1 [SEALED] Plaintiff's Motion for Class Certification, #2 [SEALED] Defendant's Opposition to Motion for Class Certification, #3 [SEALED] Plaintiff's Reply ISO Motion for Class Certification)(DESTEFANO, JOHN)
|
|
Filing 125
Additional Attachments to Main Document re #76 MOTION to Certify Class . (Attachments: #1 Plaintiff's Motion for Class Certification, #2 Defendant's Opposition to Motion for Class Certification, #3 Plaintiff's Reply ISO Motion for Class Certification)(DESTEFANO, JOHN)
|
|
Filing 124
ORDER signed by JUDGE CATHERINE C. EAGLES on 11/22/2021. The defendant's motion for summary judgment (Doc. #78 ) is GRANTED in part and the plaintiff's claims for breach of contract and breach of the implied covenant of good faith and fair dealing will be dismissed. The defendant's motion for summary judgment as to the plaintiff's remaining claim for unfair and deceptive trade practices remains under advisement. (Daniel, J)
|
|
Filing 123
NOTICE by ELIZABETH V. FORTSON of Filing Proposed Verdict Sheet (Attachments: #1 Proposed Verdict Sheet)(DESTEFANO, JOHN)
|
|
Filing 122
NOTICE of Hearing: Settlement Conference set for 12/7/2021 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. Counsel, clients and individuals with full settlement authority must attend in person. If the case does not settle, the Court will deal with logistical and scheduling issues related to trial. Counsel must confer with all witnesses now and shall advise the Clerk by November 23, 2021 of any dates in January 2022 with conflicts and shall provide a realistic estimate of court time needed. While the Court will attempt to work with counsel on scheduling, that may not be possible. Counsel shall confer now about the form of the verdict sheet and each side shall file proposed verdict sheets with their proposed jury instructions.(Winchester, Robin)
|
|
Filing 121
NOTICE of Trial Calendar Jury Trial set for 1/3/2022 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Williamson, Wanda)
|
|
Filing 120
MEMORANDUM filed by Movant CCC Intelligent Solutions Inc. re #119 MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] filed by CCC Intelligent Solutions Inc.. (Attachments: #1 Exhibit A - Summary Chart, #2 Exhibit B - Declaration of John Gintvainis, #3 Exhibit C - Orders Regarding Motions to Seal)(BRINSON, CLIFTON)
|
|
Filing 119
MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by CCC Intelligent Solutions Inc.. Response to Motion due by 11/22/2021 (BRINSON, CLIFTON)
|
|
Filing 118
NOTICE of Attorney Appearance by attorney CLIFTON LENNIS BRINSON on behalf of Movant CCC Intelligent Solutions Inc. (BRINSON, CLIFTON)
|
|
Filing 117
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Movant CCC Intelligent Solutions Inc. (BRINSON, CLIFTON)
|
|
Filing 116
SEALED BRIEF re #115 MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff ELIZABETH V. FORTSON. (Attachments: #1 Sealed Unredacted Declaration of David Nelson)(ECKELBERRY, RODGER)
|
|
Filing 115
MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality must file a response within 14 days that includes the materials required by L.R. 5.4(c)(3).] by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 11/22/2021 (ECKELBERRY, RODGER)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 11/8/21. No later than November 12, 2021, the plaintiff shall file a proposed verdict sheet specific to Ms. Fortsons individual claims, with focus on the special interrogatories for the Chapter 75 claims. (Winchester, Robin)
|
|
Filing 114
CERTIFICATE OF SERVICE by ELIZABETH V. FORTSON (Plaintiff's Reply in Support of Motion for Class Certification) (CAREY, ROBERT)
|
|
Filing 113
SEALED UNREDACTED DOCUMENTS Appendix Part 11 filed by Plaintiff ELIZABETH V. FORTSON, Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #103 SEALED Unredacted Documents (LR 5.4). (ZIMMERMAN, KEVIN)
|
|
Filing 112
SEALED UNREDACTED DOCUMENTS Appendix Part 10 filed by Plaintiff ELIZABETH V. FORTSON, Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #103 SEALED Unredacted Documents (LR 5.4). (ZIMMERMAN, KEVIN)
|
|
Filing 111
SEALED UNREDACTED DOCUMENTS Appendix Part 9 filed by Plaintiff ELIZABETH V. FORTSON, Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #103 SEALED Unredacted Documents (LR 5.4). (ZIMMERMAN, KEVIN)
|
|
Filing 110
SEALED UNREDACTED DOCUMENTS Appendix Part 8 filed by Plaintiff ELIZABETH V. FORTSON, Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #103 SEALED Unredacted Documents (LR 5.4). (ZIMMERMAN, KEVIN)
|
|
Filing 109
SEALED UNREDACTED DOCUMENTS Appendix Part 7 filed by Plaintiff ELIZABETH V. FORTSON, Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #103 SEALED Unredacted Documents (LR 5.4). (ZIMMERMAN, KEVIN)
|
|
Filing 108
SEALED UNREDACTED DOCUMENTS Appendix Part 6 filed by Plaintiff ELIZABETH V. FORTSON, Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #103 SEALED Unredacted Documents (LR 5.4). (ZIMMERMAN, KEVIN)
|
|
Filing 107
SEALED UNREDACTED DOCUMENTS Appendix Part 5 filed by Plaintiff ELIZABETH V. FORTSON, Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #103 SEALED Unredacted Documents (LR 5.4). (ZIMMERMAN, KEVIN)
|
|
Filing 106
SEALED UNREDACTED DOCUMENTS Appendix Part 4 filed by Plaintiff ELIZABETH V. FORTSON, Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #103 SEALED Unredacted Documents (LR 5.4). (ZIMMERMAN, KEVIN)
|
|
Filing 105
SEALED UNREDACTED DOCUMENTS Appendix Part 3 filed by Plaintiff ELIZABETH V. FORTSON, Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #103 SEALED Unredacted Documents (LR 5.4). (ZIMMERMAN, KEVIN)
|
|
Filing 104
SEALED UNREDACTED DOCUMENTS Appendix Part 2 filed by Plaintiff ELIZABETH V. FORTSON, Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #103 SEALED Unredacted Documents (LR 5.4). (ZIMMERMAN, KEVIN)
|
|
Filing 103
SEALED UNREDACTED DOCUMENTS filed by Plaintiff ELIZABETH V. FORTSON, Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #94 Appendix. (ZIMMERMAN, KEVIN)
|
|
Filing 102
Additional Attachments to Main Document re #94 Appendix [Appendix Part 9]. (ZIMMERMAN, KEVIN)
|
|
Filing 101
Additional Attachments to Main Document re #94 Appendix [Appendix Part 8]. (ZIMMERMAN, KEVIN)
|
|
Filing 100
Additional Attachments to Main Document re #94 Appendix [Appendix Part 7]. (ZIMMERMAN, KEVIN)
|
|
Filing 99
Additional Attachments to Main Document re #94 Appendix [Appendix Part 6]. (ZIMMERMAN, KEVIN)
|
|
Filing 98
Additional Attachments to Main Document re #94 Appendix [Appendix Part 5]. (ZIMMERMAN, KEVIN)
|
|
Filing 97
Additional Attachments to Main Document re #94 Appendix [Appendix Part 4]. (ZIMMERMAN, KEVIN)
|
|
Filing 96
Additional Attachments to Main Document re #94 Appendix [Appendix Part 3]. (ZIMMERMAN, KEVIN)
|
|
Filing 95
Additional Attachments to Main Document re #94 Appendix [Appendix Part 2]. (ZIMMERMAN, KEVIN)
|
|
Filing 94
APPENDIX Part 1 by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (ZIMMERMAN, KEVIN)
|
|
Filing 93
SEALED UNREDACTED DOCUMENTS filed by Plaintiff ELIZABETH V. FORTSON, Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #78 Motion for Summary Judgment. (Attachments: #1 Sealed Unredacted Memo in Support of MSJ, #2 Sealed Unredacted Plaintiff's Response in Opposition, #3 Sealed Unredacted Defendant's Reply in Support, #4 Sealed Unredacted Plaintiff's Sur-Reply)(ZIMMERMAN, KEVIN)
|
|
Filing 92
Additional Attachments to Main Document re #78 MOTION for Summary Judgment . (Attachments: #1 Supplement Memo in Support of MSJ, #2 Supplement Plaintiff's Response in Opposition, #3 Supplement Defendant's Reply in Support, #4 Supplement Plaintiff's Sur-Reply)(ZIMMERMAN, KEVIN)
|
|
Filing 91
CERTIFICATE OF SERVICE by ELIZABETH V. FORTSON of Plaintiff's Sur-Reply in Support of Opposition to Defendant's Motion for Summary Judgment (CAREY, ROBERT)
|
|
Filing 90
ORDER signed by JUDGE CATHERINE C. EAGLES on 10/6/2021. The plaintiff's motion (Doc. #87 ) is GRANTED in part and plaintiff shall serve, but not file, her sur-reply no later than October 12, 2021. The sur-reply is limited to 1500 words. The motion is otherwise DENIED. FURTHER that the provisions in the Consent Order at (Doc. #74 ) apply to filing and service of the sur-reply and the deadlines in the Consent Order at (Doc. #74 ) will run from service of the sur-reply. (Daniel, J)
|
|
Motions Submitted: #87 MOTION to Strike #78 MOTION for Summary Judgment or for Leave to File Surreply Memorandum in Opposition to Defendant's Motion for Summary Judgment to JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
|
|
Filing 89
RESPONSE in Opposition re #87 MOTION to Strike #78 MOTION for Summary Judgment or for Leave to File Surreply Memorandum in Opposition to Defendant's Motion for Summary Judgment filed by ELIZABETH V. FORTSON filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Replies due by 10/18/2021 (ECKELBERRY, RODGER)
|
|
Filing 88
CERTIFICATE of Service of Defendant's Response in Opposition to Motion for Class Certification by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (ECKELBERRY, RODGER)
|
|
TEXT ORDER if defendant objects to the motion to file sur-reply, Doc. 87, it shall file its response no later than October 4, 2021. No reply is authorized. The parties shall delay filing the joint appendix and public briefing pending a ruling issued by JUDGE CATHERINE C. EAGLES on 10/1/2021. (Winchester, Robin)
|
|
Filing 87
MOTION to Strike #78 MOTION for Summary Judgment or for Leave to File Surreply Memorandum in Opposition to Defendant's Motion for Summary Judgment by ELIZABETH V. FORTSON. Response to Motion due by 10/21/2021 (Attachments: #1 Text of Proposed Order)(CAREY, ROBERT)
|
|
Motions Submitted: #78 MOTION for Summary Judgment to JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
|
|
Filing 86
CERTIFICATE OF SERVICE by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #78 MOTION for Summary Judgment REPLY IN SUPPORT (ECKELBERRY, RODGER)
|
|
Filing 85
CERTIFICATE OF SERVICE by ELIZABETH V. FORTSON Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment and Joint Appendix (CAREY, ROBERT)
|
|
Filing 84
ORDER signed by JUDGE CATHERINE C. EAGLES on 8/30/2021. The parties' joint motion is GRANTED IN PART AND DENIED IN PART, and the deadline for Plaintiff's opposition to Defendant's Motion for Summary Judgment is extended up to and including, September 3, 2021. (Daniel, J)
|
|
Motions Submitted: #81 Joint MOTION for Extension of Time to File Response/Reply as to #78 MOTION for Summary Judgment to JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
|
|
Filing 83
NOTICE by ELIZABETH V. FORTSON Notice of Intent to Serve Subpoenas (DESTEFANO, JOHN)
|
|
Filing 82
Joint BRIEF re #81 Joint MOTION for Extension of Time to File Response/Reply as to #78 MOTION for Summary Judgment . (DESTEFANO, JOHN)
|
|
Filing 81
Joint MOTION for Extension of Time to File Response/Reply as to #78 MOTION for Summary Judgment by ELIZABETH V. FORTSON. (Attachments: #1 Text of Proposed Order)(DESTEFANO, JOHN)
|
|
Filing 80
INTERIM REPORT OF MEDIATOR from Jonathan R. Harkavy - Mediation Held on 8/12/2021 (via Zoom). (Recess - Mediation to be resumed at a later date) (Bond, Melisa)
|
|
Filing 79
CERTIFICATE OF SERVICE by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY re #78 MOTION for Summary Judgment (ECKELBERRY, RODGER)
|
|
Filing 78
MOTION for Summary Judgment by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 8/30/2021 (ECKELBERRY, RODGER)
|
|
Filing 77
CERTIFICATE OF SERVICE by ELIZABETH V. FORTSON of Plaintiff's Memorandum in Support of Motion for Class Certification (CAREY, ROBERT)
|
|
Filing 76
MOTION to Certify Class by ELIZABETH V. FORTSON. Response to Motion due by 10/1/2021 (CAREY, ROBERT)
|
|
Filing 75
NOTICE of Intent to File Dispositive Motions by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY (ECKELBERRY, RODGER)
|
|
Filing 74
CONSENT ORDER signed by JUDGE CATHERINE C. EAGLES on 6/24/2021. With the consent of the parties and non-party CCC Intelligent Solutions, Inc., (Doc. #73 ) is granted and the Court modifies the procedures in the Local Rules for the filing of confidential documents and motions to seal as set out herein. (Daniel, J)
|
|
Motions Submitted: #73 JOINT MOTIONfor Entry of Consent Order Regarding Sealing Procedures to JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
|
|
Filing 73
JOINT MOTIONfor Entry of Consent Order Regarding Sealing Procedures by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(TYNAN, MATTHEW)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Zoom Conference held on 6/11/2021 regarding motions to seal. Atty. Robert B. Carey appeared on behalf of plaintiff and Attys. Rodger Eckelberry, Kevin Zimmerman, Reid Phillips, Matthew Tynan appeared on behalf of defendant. Atty. Tim Hardwicke appeared on behalf of non-party CCC Intelligent Solutions Inc. (f/k/a CCC Information Services, Inc.) The Court grants the Oral Joint Motion for Extension of Time to file the Class Certification Motion, deadline extended to 7/15/21; response extended two weeks; reply brief deadline is not changed. Joint Motion re: motions to seal due 6/23/21. (Court Reporter Jane Calhoun.) (Winchester, Robin)
|
|
Filing 72
NOTICE of Video Conference Hearing: Status Conference set for 6/11/2021 11:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 6/10/2021. Before the conference with the Court related to motions to seal, counsel shall review the recently amended provisions of LR 5.4 and 5.5 (Winchester, Robin)
|
|
*** Attorney MARTINA T. ELLERBE terminated. See #70 (Winchester, Robin)
|
|
Filing 71
NOTICE of Hearing: Master Trial Calendar: JANUARY Jury Trial reset for 1/3/2022 09:30 AM in Unassigned Courtroom before UNASSIGNED. Unless the court orders otherwise, pretrial disclosures must made no later than December 3, 2021. Motion in Limine must be filed no later than December 10, 2021. Any objections to pretrial disclosures and responses to motions in limine must be served and promptly filed no later than December 17, 2021.(Williamson, Wanda)
|
|
Filing 70
NOTICE of Special Appearance by attorney KEVIN P. ZIMMERMAN on behalf of Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY ( Filing fee $ 25 receipt number 0418-3055698.) (ZIMMERMAN, KEVIN)
|
|
Filing 69
***FILED IN ERROR*** NOTICE of Attorney Appearance by attorney KEVIN P. ZIMMERMAN on behalf of Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY (ZIMMERMAN, KEVIN) Modified on 5/25/2021 to mark filed in error. Attorney notified to refile using the correct event to pay fee. (Sheets, Jamie)
|
|
Filing 68
NOTICE of Special Appearance by attorney ALBERT G. LIN on behalf of Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY ( Filing fee $ 25 receipt number 0418-3046179.) (LIN, ALBERT)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The case is set for trial January 2022. If the motion for class certification is granted, the trial may be continued to April 2022, if time for notice is needed. The parties shall prepare for both possibilities. The mediator is directed to schedule the matter for mediated settlement conference as soon as is feasible, and if the case does not settle then, additional mediations shall be scheduled after resolution of summary judgment motions, after resolution of the class certification motion, ten days before trial, and otherwise as deemed appropriate by the mediator. (Sanders, Marlene)
|
|
(Amended) Set/Reset Scheduling Order Deadlines. Discovery due by 6/28/2021. Dispositive motions due by 7/30/2021. Joinder of parties and amended pleadings due by 8/10/2021. The trial date to be determined in accordance with the District Judge's schedule. (Daniel, J)
|
|
Filing 67
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 2/18/2021. The Parties' Joint Motion to Extend Case Schedule (Docket Entry #65 ) be GRANTED as set forth herein. (Daniel, J)
|
|
Set/Reset Scheduling Order Deadlines. Discovery due by 5/28/2021. Dispositive motions due by 7/30/2021. Joinder of parties and amended pleadings due by 8/10/2021. The trial date to be determined in accordance with the District Judge's schedule. (Daniel, J)
|
|
Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER in Durham: Telephone Conference held on 2/17/2021. Re: #65 JOINT MOTION to Extend Case Schedule; parties to be advised of the Court's ruling at a later date. (Attended by Attorney John M. DeStefano on behalf of plaintiff ELIZABETH V. FORTSON; Attorney(s) Rodger L. Eckelberry, Mathew G. Drocton, and Reid L. Phillips on behalf of defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY; Proceedings Recorded) (Kemp, Donita)
|
|
Set Hearing: Telephone Conference set for 2/17/2021 10:00 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. Re: #65 JOINT MOTION to Extend Case Schedule. (Kemp, Donita)
|
|
Filing 66
Joint BRIEF re #65 JOINT MOTION to Extend Case Schedule . (CAREY, ROBERT)
|
|
Filing 65
JOINT MOTION to Extend Case Schedule by ELIZABETH V. FORTSON. (Attachments: #1 Text of Proposed Order)(CAREY, ROBERT)
|
|
Motions Referred: RE: #65 JOINT MOTION to Extend Case Schedule to MAG/JUDGE JOE L. WEBSTER. (Sanders, Marlene)
|
|
Filing 64
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 11/9/2020. The parties' amended joint motion to extend the case schedule, and joint motion to amend the trial date and request for a status conference (Docket Entries #61 , #62 ) be GRANTED, and the case schedule is amended and extended as set out herein. (Daniel, J)
|
|
Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER via Zoom Video Conference: Motion Hearing held on 11/5/2020 re #62 JOINT MOTION to Amend The Trial Date and Request For Status Conference filed by ELIZABETH V. FORTSON, #61 Amended JOINT MOTION to Extend Case Schedule filed by ELIZABETH V. FORTSON. Parties to be advised of the Court's ruling. (Attended by Attorney John M. DeStefano on behalf of plaintiff ELIZABETH V. FORTSON; Attorney(s) Rodger L. Eckelberry, Mathew G. Drocton, and Reid L. Phillips on behalf of defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY; Proceedings Recorded) (Kemp, Donita)
|
|
Filing 63
NOTICE of Video Conference Hearing: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Motion Hearing set for 11/5/2020 10:00 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. Re: #61 Amended JOINT MOTION to Extend Case Schedule; #62 JOINT MOTION to Amend The Trial Date and Request For Status Conference. (Kemp, Donita)
|
|
Motions Referred: RE: #62 JOINT MOTIONto Amend The Trial Date and Request For Status Conference to MAG/JUDGE JOE L. WEBSTER (Sanders, Marlene)
|
|
Filing 62
JOINT MOTIONto Amend The Trial Date and Request For Status Conference by ELIZABETH V. FORTSON. (MALONE, J.)
|
|
Filing 61
Amended JOINT MOTIONto Extend Case Schedule by ELIZABETH V. FORTSON. (Attachments: #1 Text of Proposed Order)(MALONE, J.)
|
|
Motions Referred: RE: #61 Amended JOINT MOTIONto Extend Case Schedule to MAG/JUDGE JOE L. WEBSTER (Sanders, Marlene)
|
|
TEXT ORDER denying without prejudice #58 Joint Motion to Extend Case Schedule. The parties shall have three (3) days to submit an amended joint motion to extend the case schedule with proposed deadlines that do not alter the trial date set for July 2021. Otherwise, the current case schedule shall remain in place. Upon submission of the amended motion, the Court will consider the parties' proposed deadlines. Issued by MAG/JUDGE JOE L. WEBSTER on 9/29/2020.(Lee, Pedra)
|
|
Filing 60
STIPULATION re #58 JOINT MOTION to Extend Case Schedule Joint Statement in Support of Joint Motion to Amend the Case Schedule by ELIZABETH V. FORTSON. (MALONE, J.)
|
|
Filing 59
Joint BRIEF re #58 JOINT MOTION to Extend Case Schedule . (TYNAN, MATTHEW)
|
|
Filing 58
JOINT MOTION to Extend Case Schedule by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(TYNAN, MATTHEW)
|
|
Motions Referred: RE: #58 JOINT MOTION to Extend Case Schedule, to MAG/JUDGE JOE L. WEBSTER (Williamson, Wanda)
|
|
Filing 57
SECOND AMENDED NOTICE of Hearing: Jury Trial RESET for 7/6/2021 at 9:30 AM in Unassigned Courtroom before UNASSIGNED JUDGE. Unless the court orders otherwise, pretrial disclosures must be made no later than June 4, 2021. Motions in limine must be filed no later than June 11, 2021. Any objections to pretrial disclosures and responses to motions in limine must be served and promptly filed no later than June 18, 2021. Each party shall file a trial brief, along with proposed instructions on the issues no later than June 14, 2021. (Sanders, Marlene)
|
|
TEXT ORDER issued by MAG/JUDGE JOE L. WEBSTER on 8/12/2020. The parties have informed the Court that an umpire has been appointed to settle the appraisal dispute. (Docket Entry 56.) The Court thus denies as moot their cross-motions to disqualify the others appraiser (Docket Entries 51, 53).(Manset, Michael)
|
|
Filing 56
JOINT STATUS REPORT filed by all parties. Est. Trial Days: 10. (TYNAN, MATTHEW)
|
|
TEXT ORDER granting #54 Joint Motion to Appoint Umpire, or, in the Alternative, to Stay insofar that the parties are given leave to petition a county magistrate to appoint an umpire to settle the appraisal dispute. The parties shall petition the county magistrate by July 24, 2020. They shall make every effort to complete the appraisal process by the close of discovery on August 29, 2020. The Court warns the parties that all deadlines, including the deadline for discovery and dispositive motions, remain unaltered and that trial is set for April 5, 2021. The Court will not rule on the pending motions to disqualify (Docket Entries 51, 53) until such time an umpire is selected. Issued by MAG/JUDGE JOE L. WEBSTER on 7/20/2020.(Manset, Michael)
|
|
Motions Referred: RE: #51 MOTION to Disqualify Plaintiff's Appraiser to MAG/JUDGE JOE L. WEBSTER (Sanders, Marlene)
|
|
Motions Submitted: #54 Joint MOTION to Appoint Umpire, or, in the Alternative, to Stay, by Plaintiff and to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Motions No Longer Submitted #54 Joint MOTION to Appoint Umpire, or, in the Alternative, to Stay, by Plaintiff and to JUDGE CATHERINE C. EAGLES (Sanders, Marlene)
|
|
Motions Referred: RE: #54 Joint MOTION to Appoint Umpire, or, in the Alternative, to Stay, by Plaintiff and, to MAG/JUDGE JOE L. WEBSTER. (Sanders, Marlene)
|
|
Filing 55
Supporting BRIEF re #54 Joint MOTION to Appoint Umpire, or, in the Alternative, to Stay, by Plaintiff and Garrison Property and Casualty Insurance Company. (TYNAN, MATTHEW)
|
|
Filing 54
Joint MOTION to Appoint Umpire, or, in the Alternative, to Stay, by Plaintiff and by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (TYNAN, MATTHEW)
|
|
Filing 53
RESPONSE and Cross Motion to Disqualify Appraiser, or, In The Alternative, to Appoint Umpire filed by Plaintiff ELIZABETH V. FORTSON re #51 MOTION to Disqualify Plaintiff's Appraiser filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY filed by ELIZABETH V. FORTSON. Replies due by 7/15/2020 (Attachments: #1 Exhibit Exh. 1 - Malone declaration, #2 Exhibit Exh. 2 - Walkowiak and Wyatt Licenses, #3 Exhibit Exh. - Piedmont License Search)(MALONE, J.)
|
|
Filing 52
BRIEF re #51 MOTION to Disqualify Plaintiff's Appraiser . (Attachments: #1 Exhibit A - Drocton Declaration, #2 Exhibit B - Lucas Declaration)(TYNAN, MATTHEW)
|
|
Filing 51
MOTION to Disqualify Plaintiff's Appraiser by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 7/1/2020 (TYNAN, MATTHEW)
|
|
Filing 50
NOTICE of Hearing: Master Trial Calendar: Jury Trial RESET for 4/5/2021 09:30 AM in Unassigned Courtroom before UNASSIGNED JUDGE. Unless the court orders otherwise, pretrial disclosures must be made no later than March 5, 2021. Motions in limine must be filed no later than March 12, 2021. Any objections to pretrial disclosures and responses to motions in limine must be served and promptly filed no later than March 19, 2021. Each party shall file a trial brief, along with proposed instructions on the issues no later than March 15, 2021. (Sanders, Marlene)
|
|
Filing 49
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 4/9/2020. The parties' joint motion (Docket Entry #48 ) is GRANTED IN PART, and the case schedule is amended and extended as set out herein. FURTHER that no later than 120 days from the date of this Order, the parties shall file a Joint Status Report informing the Court as to the status of this case. Discovery due by 8/29/2020. Dispositive motions due by 10/13/2020. Joinder of parties or amended pleadings due by 3/31/2021. Motions in Limine due by 4/10/2021. (Daniel, J)
|
|
Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER: Telephone Conference held on 4/8/2020. Attorneys J. Michael Malone and John M. Destefano present for Plaintiff. Attorneys Roger L. Eckelberry, Andrea C. Wiltrout and Reid L. Phillips present for Defendant. The parties discussed the joint motion and the need for additional time for discovery. More specifically, the parties indicated that there is remaining discovery on claims data information for the class, valuation reports must be obtained, and ESI production is still outstanding. Defense counsel indicated that their client is unable to access the necessary databases in light of the recent work changes due to COVID-19. All the outstanding documents are necessary to conduct depositions. The parties also discussed the likelihood of an appeal as to the outcome on the issue of class certification. After reviewing said motion, and consideration of the parties position, the Court ordered that the motion will be granted to the extent the case schedule shall be extended for 120 days. After such time, the parties shall file a Joint Status Report regarding the status of the case. The parties shall submit a revised proposed order for #48 Joint Motion to Extend Case Schedule no later than Thursday, April 9, 2020. (Garrett, Kim)
|
|
Email notification to all parties on record setting re: Telephone Conference set for 4/8/2020 10:00 AM before MAG/JUDGE JOE L. WEBSTER. Counsel emailed instructions for initiating call. (Garrett, Kim)
|
|
Motions Referred: RE: #48 Joint MOTION for Extension of Time to Extend Case Schedule to MAG/JUDGE JOE L. WEBSTER. (Sanders, Marlene)
|
|
Filing 48
Joint MOTION for Extension of Time to Extend Case Schedule by ELIZABETH V. FORTSON. (Attachments: #1 Text of Proposed Order)(MALONE, J.)
|
|
Filing 47
NOTICE of Appearance by attorney JASON LANIER HENDREN on behalf of Plaintiff ELIZABETH V. FORTSON (HENDREN, JASON)
|
|
Filing 46
NOTICE of Hearing: Master Trial Calendar: Jury Trial set for 1/4/2021 at 9:30 AM in Unassigned Courtroom before UNASSIGNED JUDGE. Unless the court orders otherwise, pretrial disclosures must be made no later than 12/4/20. Motions in limine must be filed no later than 12/11/20. Any objections to pretrial disclosures and responses to motions in limine must be served and promptly filed no later than 12/18/20. Each party shall file a trial brief, along with proposed instructions on the issues no later than 12/14/20. (Sanders, Marlene)
|
|
Filing 45
NOTICE of Appearance by attorney ANDREA C. WILTROUT on behalf of Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY (WILTROUT, ANDREA)
|
|
Filing 44
STIPULATED PROTECTIVE ORDER. FURTHER PURSUANT TO Federal Rule of Evidence 502(d), the production of any material in this proceeding shall not, for the purposes of this proceeding or any other federal or state proceeding, constitute a waiver by the producing party of any privilege applicable to such material, including the attorney-client privilege, attorney work-product protection, or any other privilege or protection recognized by law. Signed by MAG/JUDGE JOE L. WEBSTER on 2/7/2020. (Daniel, J)
|
|
Filing 43
ESI AGREEMENT signed by MAG/JUDGE JOE L. WEBSTER on 2/7/2020. (Daniel, J)
|
|
Filing 42
STIPULATION Regarding Entry of Protective Order by ELIZABETH V. FORTSON. (DESTEFANO, JOHN)
|
|
Filing 41
STIPULATION Regarding Production of Electronically Stored Information and Paper Documents ("ESI Protocol") by ELIZABETH V. FORTSON. (DESTEFANO, JOHN)
|
|
Filing 40
MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE JOE L. WEBSTER on 10/29/2019. For the reasons stated herein, Defendant's Renewed Motion to Compel Appraisal (Docket Entry #34 ) is GRANTED. (Daniel, J)
|
|
Filing 39
REPLY re #34 MOTION to Compel Defendant's Renewed Motion to Compel Appraisal Reply of Defendant Garrison Property and Casualty Insurance Company in Support of Renewed Motion to Compel Appraisal filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (ECKELBERRY, RODGER) Modified on 10/21/2019 to correctly reflect pleading title and to terminate unnecessary deadline. (Garland, Leah)
|
|
Motions Referred: RE: #34 MOTION to Compel Defendant's Renewed Motion to Compel Appraisal to MAG/JUDGE JOE L. WEBSTER. (Sanders, Marlene)
|
|
Filing 38
NOTICE of Appearance by attorney JOHN M. DESTEFANO on behalf of Plaintiff ELIZABETH V. FORTSON (DESTEFANO, JOHN)
|
|
Filing 37
NOTICE of Appearance by attorney ROBERT B. CAREY on behalf of Plaintiff ELIZABETH V. FORTSON (CAREY, ROBERT)
|
|
Filing 36
RESPONSE in Opposition re #34 MOTION to Compel Defendant's Renewed Motion to Compel Appraisal filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY filed by ELIZABETH V. FORTSON. Replies due by 10/21/2019 (MALONE, J.)
|
|
Filing 35
BRIEF Brief Supporting Defendant's Renewed Motion to Compel Appraisal. (Attachments: #1 Exhibit A - Declaration of Mr. Jimmy Ficklin, #2 Exhibit B - Declaration of Ms. Alexandra Sammon, #3 Exhibit C - KBB, #4 Exhibit D - NADA FAQ, #5 Exhibit E - NADA Report)(ECKELBERRY, RODGER) Modified on 9/20/2019 to remove duplicate text. (Sheets, Jamie)
|
|
Filing 34
MOTION to Compel Defendant's Renewed Motion to Compel Appraisal by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 10/10/2019 (ECKELBERRY, RODGER)
|
|
Filing 33
ORDER Appointing JONATHAN R. HARKAVY, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Kemp, Donita)
|
|
MEDIATION SCHEDULING ORDER; Mediation should be conducted after the Court rules upon class certification. (Kemp, Donita)
|
|
Filing 32
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 8/6/2019 approving without modification the Joint Rule 26(f) Report (Docket Entry #30 ). The appropriate case-management track for this case established in LR 26.1(a): Exceptional. All discovery due by 5/1/2020. Mediation should be conducted after the Court rules upon class certification. The parties agree the mediator shall be Johnathan R. Harkavy. The parties amended pleadings and joinder of parties due by 12/1/2020. Dispositive motions due by 6/15/2020. The parties have not reached an agreement regarding reference of this case to a magistrate judge. ETT: approximately 7-10 days. A jury trial has been demanded. (Daniel, J)
|
|
Filing 31
NOTICE of Appearance by attorney MATHEW G. DROCTON on behalf of Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY (DROCTON, MATHEW)
|
|
Motions Referred: RE: #30 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
|
|
Filing 30
Rule 26(f) Report (Joint) filed by all parties by ELIZABETH V. FORTSON.(MALONE, J.)
|
|
Filing 29
ANSWER to Amended Complaint by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (TYNAN, MATTHEW)
|
|
Filing 28
NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 8/21/2019 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
|
|
Filing 27
ORDER signed by JUDGE CATHERINE C. EAGLES on 6/19/2019. The defendant's motion to stay and to compel appraisal (Doc. #9 ) is DENIED without prejudice. The defendant's motion to dismiss the first amended complaint for failure to state a claim (Doc. #18 ) is DENIED. The plaintiff's motion for leave to file a sur-reply memorandum (Doc. #21 ) is DENIED. The defendant's motion to dismiss the original complaint for failure to state a claim (Doc. #9 ) is DENIED as moot. (Daniel, J)
|
|
Motions Submitted: #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO COMPEL APPRAISAL AND STAY THE CASE, #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 26
REPLY, filed by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, to Response to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (TYNAN, MATTHEW)
|
|
Motions Submitted: #21 MOTION for Leave to File Surreply Memorandum to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 25
RESPONSE in Opposition re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY filed by ELIZABETH V. FORTSON. Replies due by 6/7/2019 (MALONE, J.)
|
|
Filing 24
REPLY, filed by Plaintiff ELIZABETH V. FORTSON, to Response to #21 MOTION for Leave to File Surreply Memorandum filed by ELIZABETH V. FORTSON. (MALONE, J.)
|
|
Filing 23
RESPONSE in Opposition re #21 MOTION for Leave to File Surreply Memorandum filed by ELIZABETH V. FORTSON filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Replies due by 5/22/2019 (TYNAN, MATTHEW)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: Any opposition to plaintiff's motion for leave to file a surreply #21 must be filed no later than 5/20/19 and any reply is due not later than 5/22/19. (Sanders, Marlene)
|
|
Motions Submitted: #21 MOTION for Leave to File Surreply Memorandum to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 22
EXHIBIT A to Exhibit 1 - Proposed Surreply Memorandum by ELIZABETH V. FORTSON. Related document: #21 MOTION for Leave to File Surreply Memorandum filed by ELIZABETH V. FORTSON.(MALONE, J.)
|
|
Filing 21
MOTION for Leave to File Surreply Memorandum by ELIZABETH V. FORTSON. Response to Motion due by 5/30/2019 (Attachments: #1 Exhibit Proposed Surreply Memorandum, #2 Text of Proposed Order)(MALONE, J.)
|
|
Filing 20
REPLY, filed by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, to Response to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO COMPEL APPRAISAL AND STAY THE CASE filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Declaration of Jimmy Ficklin)(TYNAN, MATTHEW)
|
|
Filing 19
Supporting BRIEF re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (TYNAN, MATTHEW)
|
|
Filing 18
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 5/28/2019 (TYNAN, MATTHEW)
|
|
TEXT ORDER granting #17 Motion for Extension of Time. For good cause shown, Defendant Garrison Property and Casualty Insurance Company ("Garrison") may have to and including May 6, 2019, in which to respond to Plaintiff's First Amended Complaint and to reply in support of Garrison's Motion to Compel Appraisal. Issued by MAG/JUDGE JOE L. WEBSTER on 4/18/2019.(Lee, Pedra)
|
|
Motions Referred: RE: #17 MOTION for Extension of Time to File Response/Reply as to #15 Response in Opposition to Motion, #16 Corrected Document, #14 Amended Complaint to MAG/JUDGE JOE L. WEBSTER. (Sanders, Marlene)
|
|
Filing 17
MOTION for Extension of Time to File Response/Reply as to #15 Response in Opposition to Motion, #16 Corrected Document, #14 Amended Complaint by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(TYNAN, MATTHEW)
|
|
Filing 16
Corrected document re #15 Response in Opposition to Motion,. (MALONE, J.)
|
|
Filing 15
RESPONSE in Opposition re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO COMPEL APPRAISAL AND STAY THE CASE filed by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY filed by ELIZABETH V. FORTSON. Replies due by 4/24/2019 (MALONE, J.)
|
|
Filing 14
First AMENDED COMPLAINT against defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, filed by ELIZABETH V. FORTSON.(MALONE, J.)
|
|
Filing 13
NOTICE of Appearance by attorney MARTINA T. ELLERBE on behalf of Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY (ELLERBE, MARTINA)
|
|
Filing 12
NOTICE of Appearance by attorney RODGER L. ECKELBERRY on behalf of Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY (ECKELBERRY, RODGER)
|
|
Filing 11
NOTICE to State Court of Filing Petition for Removal by Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY (Attachments: #1 Exhibit A - Notice of Filing of Notice of Removal)(TYNAN, MATTHEW)
|
|
Filing 10
BRIEF re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO COMPEL APPRAISAL AND STAY THE CASE . (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Claim Payment Information and CCC Report, #3 Exhibit C - Appraisal Demand Letter)(TYNAN, MATTHEW)
|
|
Filing 9
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO COMPEL APPRAISAL AND STAY THE CASE by GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. Response to Motion due by 4/12/2019 (TYNAN, MATTHEW)
|
|
Filing 8
NOTICE of Appearance by attorney J. MICHAEL MALONE on behalf of Plaintiff ELIZABETH V. FORTSON (MALONE, J.)
|
|
Filing 7
STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 6
NOTICE of Appearance by attorney KIMBERLY M. MARSTON on behalf of Defendant GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY (MARSTON, KIMBERLY)
|
|
Filing 5
Summons Issued as to GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY. (Original document issued in Orange County Superior Court on 02/01/2019 in Case Number 19cv161 and is listed as Exhibit C to the Petition for Removal) (Coyne, Michelle)
|
|
Filing 4
COMPLAINT against GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, filed by ELIZABETH V. FORTSON. (Original document filed in Orange County Superior Court, Case Number 19CV161 and is listed as Exhibit A to the Petition for Removal) (Coyne, Michelle)
|
|
Filing 3
NOTICE of Appearance by attorney REID L. PHILLIPS on behalf of Defendant Garrison Property and Casualty Insurance Company (PHILLIPS, REID)
|
|
Filing 2
Corporate Disclosure Statement by Garrison Property and Casualty Insurance Company identifying Corporate Parent UNITED SERVICES AUTOMOBILE ASSOCIATION, Corporate Parent USAA CASUALTY INSURANCE COMPANY for Garrison Property and Casualty Insurance Company.. (TYNAN, MATTHEW)
|
|
Filing 1
PETITION FOR REMOVAL OF COMPLAINT against Garrison Property and Casualty Insurance Company ( Filing fee $ 400 receipt number 0418-2531755.), filed by Garrison Property and Casualty Insurance Company. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Declaration of Robert Lopez, #3 Exhibit C - Summons, #4 Exhibit D - Plaintiff's First Set of Interrogatories and Requests for Production of Documents, #5 Exhibit E - Acceptance of Service)(TYNAN, MATTHEW)
|
|
Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAGISTRATE JUDGE JOE L. WEBSTER. (Coyne, Michelle)
|
|
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
