Progressive Casualty Insurance Company v. Budget Rent A Car Systems, Inc.
Defendant: Budget Rent A Car Systems, Inc.
Counter Defendant: Progressive Casualty Insurance Company
Case Number: 1:2006cv01501
Filed: June 19, 2006
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
Presiding Judge: Christopher A Boyko
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 21, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2009 Filing 68 True copy of mandate from the USCA for the Sixth Circuit: Affirming the judgment of the District Court as to #62 Notice of Appeal (USCA# 08-4035) and #64 Notice of Cross Appeal (USCA# 08-4036). Date issued as mandate 7/21/09 (Related document #67 ) (H,SP)
June 25, 2009 Filing 67 Information copy of opinion from the USCA for the Sixth Circuit: Affirming the judgment of the District Court re #62 Notice of Appeal (USCA# 08-4035) and #64 Notice of Cross Appeal (USCA# 08-4036). This is not a mandate order. Circuit Judges: Martin and Kethledge, District Judge: Watson. Date issued by USCA 6/24/09 (H,SP)
August 27, 2008 Filing 66 Acknowledgment from the USCA for Sixth Circuit of receipt of #64 Notice of Cross Appeal (USCA# 08-4036). Date filed in USCA 8/25/08. (H, SP)
August 27, 2008 Filing 65 Acknowledgment from the USCA for Sixth Circuit of receipt of #62 Notice of Appeal (USCA# 08-4035). Date filed in USCA 8/25/08. (H, SP)
July 24, 2008 Filing 64 NOTICE OF CROSS APPEAL to the 6th Circuit Court of Appeals from the #60 Opinion and Order and #61 Judgment Entry of 6/26/08, filed by Progressive Casualty Insurance Company. (Filing fee of $455 paid, receipt number 06470000000003122103.) (Attachments: #1 Exhibit A - Judgment Entry, #2 Exhibit B - Opinion and Order) (Owens, Mark). Modified text on 7/25/2008 (H, SP).
July 14, 2008 Filing 63 Transcript Request by Budget Rent A Car Systems, Inc. re #62 Notice of Appeal,. Transcript is unnecessary, there were no hearings. (Tryon, David)
July 10, 2008 Filing 62 NOTICE OF APPEAL to USCA for the 6th Circuit from 6/26/08 memorandum, order and judgment entry #60 and #61 filed by Budget Rent A Car Systems, Inc. (Filing fee $455 paid; receipt number 06470000000003100021) (Attachments: #1 Judgment and Opinion and Order)(Tryon, David) Modified text 7/10/2008 (C,KA).
June 26, 2008 Filing 61 Judgment Entry The court has filed its Opinion and Order #60 granting Plaintiff's Motion for Summary Judgment and denying Defendant's Cross Motion for Summary Judgment. Accordingly, this action is terminated pursuant to FRCP 58. Judge Christopher A. Boyko on 6/26/2008. (R,D) Modified docket text on 6/30/2008 (R,N).
June 26, 2008 Filing 60 Opinion and Order granting Plaintiff, Progressive Casualty Insurance Company Motion for summary judgment (Related Doc #40 ); denying Defendant Budget Rent a Car System, Inc. Motion for summary judgment (Related Doc #41 ); denying Plaintiff's Motion to strike (Related Doc #47 ). Judge Christopher A. Boyko on 6/26/2008.(R,D) Modified docket text on 6/30/2008 (R,N).
December 6, 2007 Filing 59 Notice of Substitution of Counsel removing attorney Javier A. Pacheco and adding attorney David C. Tryon filed by on behalf of Budget Rent A Car Systems, Inc.. (Tryon, David)
August 15, 2007 Opinion or Order Filing 58 Order denying Defendant's Motion for order (Related Doc #44 ) to Require Plaintiff to Join Nancy Sevor. Signed by Judge Christopher A. Boyko on 08/15/07.(M,M)
August 7, 2007 Filing 57 Brief Regarding Jurisdiction filed by Budget Rent A Car Systems, Inc.. Related document(s) #55 . (Tryon, David)
August 7, 2007 Filing 56 Brief Distinguishing the Recent Sixth Circuit Court of Appeals' Decision in the Travelers Case and in Support of This Court's Exercise of Jurisdiction filed by all plaintiffs. (Attachments: #1 Exhibit A-Westlaw#2 Exhibit B-Westlaw) (Owens, Mark)
July 25, 2007 Opinion or Order Filing 55 Order. The parties are ordered to submit briefs by August 7, 2007 whether Travelers requires this Court to decline to exercise Jurisdiction, or whether Travelers is distinguishable from the captioned case. Signed by Judge Christopher A. Boyko on 07/25/07.(M,M)
June 1, 2007 Filing 54 Reply in support of #47 Motion to strike or, in the Allternative, Disregard Ron Koch's Deposition Errata Sheet and Declaration filed by Progressive Casualty Insurance Company. (Owens, Mark)
May 24, 2007 Filing 53 Reply in support of #41 Motion for summary judgment filed by Budget Rent A Car Systems, Inc.. (Tryon, David)
May 24, 2007 Filing 52 Opposition to #47 Motion to strike or, in the Allternative, Disregard Ron Koch's Deposition Errata Sheet and Declaration filed by Budget Rent A Car Systems, Inc.. (Tryon, David)
May 24, 2007 Filing 51 Reply in support of #42 Motion for summary judgment Memorandum in Support filed by all plaintiffs. (Attachments: #1 Exhibit A-Deposition of Ron Koch#2 Exhibit B-Deposition of Keith Fernandez#3 Exhibit C-Letter from Keith Fernandez#4 Exhibit D-Email from Ron Koch#5 Exhibit E-Budget Corporate Agreement#6 Exhibit F-Deposition of Janet Rosel)(Owens, Mark)
May 14, 2007 Filing 50 Response to #42 Motion for summary judgment Memorandum in Support filed by Budget Rent A Car Systems, Inc.. (Tryon, David)
May 14, 2007 Filing 49 Opposition to #41 Motion for summary judgment filed by Progressive Casualty Insurance Company. (Attachments: #1 Exhibit A-Ron Koch Deposition Transcript#2 Exhibit B-Ron Koch Email#3 Exhibit C-Linda Ackroyd Deposition Transcript#4 Exhibit D-Peter Miller Deposition Transcript#5 Exhibit E-Conflicting Testimony of Ron Koch#6 Exhibit F-Westlaw#7 Exhibit G-Deposition Transcript of Lisa Cappa)(Owens, Mark) Modified text on 5/21/2007 (R, Sh).
May 11, 2007 Filing 48 Reply in support of #44 Motion for Order to Require Plaintiff to Join Nancy Sevor filed by Budget Rent A Car Systems, Inc.. (Tryon, David)
May 9, 2007 Filing 47 Motion to strike or, in the Allternative, Disregard Ron Koch's Deposition Errata Sheet and Declaration filed by Progressive Casualty Insurance Company. (Attachments: #1 Exhibit A-Errata Sheet of Deposition of Ron Koch#2 Exhibit B-Deposition of ron Koch#3 Exhibit C-Ron Koch Email#4 Exhibit D-Westlaw)(Owens, Mark)
April 27, 2007 Filing 46 Opposition to #44 Motion for Order to Require Plaintiff to Join Nancy Sevor filed by Progressive Casualty Insurance Company. (Owens, Mark)
April 13, 2007 Filing 45 Memorandum In Support of #44 Motion for Order to Require Plaintiff to Join Nancy Sevor filed by Budget Rent A Car Systems, Inc.. (Tryon, David)
April 13, 2007 Filing 44 Motion for Order to Require Plaintiff to Join Nancy Sevor filed by Budget Rent A Car Systems, Inc.. (Tryon, David)
April 13, 2007 Filing 43 Memorandum In Support of #41 Motion for summary judgment filed by Budget Rent A Car Systems, Inc.. (Attachments: #1 Exhibit A, Declaration of Ron Koch w/Attachments#2 Exhibit B, Declarationof Matthew Gumaer w/Attachments#3 Exhibit C, Declaration of Nancy Sevor w/Attachment#4 Exhibit D, Declaration of Brett Ramm w/Attachment#5 Exhibit E, Declaration of Keith Fernandez w/Attachments)(Tryon, David)
April 13, 2007 Filing 42 Memorandum in Support of Motion for Summary Judgment filed by all plaintiffs. Related document(s) #40 . (Attachments: #1 Exhibit A-Rental Company Agreement#2 Exhibit B-Deposition of Linda Ackroyd#3 Exhibit C-Deposition of Ron Koch#4 Exhibit D-Deposition of Janet Rosel#5 Exhibit E-Deposition of Peter Miller#6 Exhibit F-Deposition of Brett Ram#7 Exhibit G-Email from Ron Koch#8 Exhibit H-Telephone Deposition of Lisa Cappa#9 Exhibit I-Budget Rental Agreement#10 Exhibit J-Bouwens Complaint#11 Exhibit K-Fernandez Letter#12 Exhibit L-Deposition of Keith Fernandez#13 Exhibit M-Case Law#14 Exhibit N-Case Law#15 Exhibit O-Case Law)(Koberna, Mark) Modified on 3/28/2008 (M,M).
April 13, 2007 Filing 41 Motion for summary judgment filed by Budget Rent A Car Systems, Inc.. (Tryon, David)
April 13, 2007 Filing 40 Motion for summary judgment On Its Second Amended Complaint and Defendant's Counterclaim filed by Progressive Casualty Insurance Company. (Koberna, Mark)
April 10, 2007 Filing 39 Errata to Deposition of Ron Koch filed by Progressive Casualty Insurance Company. Related document(s) 34 . (C,B)
April 9, 2007 Opinion or Order Order [non document]granting Motion for leave to file memorandum in support of summary judgment motion in excess of page limitations(Related Doc #38 ).Defendant Budget Rent A Car may file a 23 page memorandum in support.Entered on behalf of Judge Christopher A. Boyko on 04/09/2007.(R,D)
April 6, 2007 Filing 38 Motion for leave to File Memorandum in Support of Summary Judgment in Excess of Page Limitations filed by Budget Rent A Car Systems, Inc.. (Tryon, David)
April 6, 2007 Filing 37 Deposition of Janet Rosel taken on 2/5/07. Complete document on file, 61 pages. (C,KA)
April 6, 2007 Filing 36 Deposition of Peter D. Miller taken on 2/5/07. Complete document on file, 44 pages. (C,KA) M
April 6, 2007 Filing 35 Deposition of Linda Ackroyd taken on 2/5/07. Complete document on file, 74 pages. (C,KA)
April 5, 2007 Filing 34 Deposition of Ron Koch taken on 2/22/07. Complete document on file, 72 pages. (C,KA)
April 5, 2007 Filing 33 Deposition of Keith Fernandez taken on 2/22/07. Complete document on file, 49 pages. (C,KA)
April 5, 2007 Filing 32 Deposition of Brett Ram taken on 2/22/07. Complete document on file, 28 pages. (C,KA)
April 5, 2007 Filing 31 Deposition of Lisa Cappa taken on March 7, 2007. filed by Progressive Casualty Insurance Company. (Koberna, Mark)
March 16, 2007 Minutes of proceedings [non document].Telephone Conference held on 3/15/07 before Judge Christopher A. Boyko. All counsel present including counsel in underlying New York motor vehicle litigation. Matter will proceed upon consideration of dispositive motions in accordance with schedule set at 3/5/07 conference. (Court Reporter None.) (M,M)
March 5, 2007 Minutes of proceedings [non document].Settlement Conference before Judge Christopher A. Boyko. Court orders dispositive motion deadline extended to 4/13/07. Opposition briefs due 5/14/07. Replies 5/24/07. Telephone conference set for 3/15/07 at 12:15 p.m. Plaintiff to initiate. (Court Reporter None.) (M,M)
March 2, 2007 Opinion or Order Order [non document]denying Motion to continue 3/05/2007 status conference(Related Doc #30 ). Defendant's client contact, Keith Fernandez should be available by phone. Entered on behalf of Judge Christopher A. Boyko on 03/02/2007.(R,D)
February 28, 2007 Filing 30 Motion to continue March 5, 2007 Status Conference filed by Budget Rent A Car Systems, Inc.. (Tryon, David)
January 19, 2007 Filing 29 Progressive Casualty Reply to Counterclaim of Budget Rent A Car filed with Budget's Answer to Progressive's Second Amended Complaint (Related Doc #28 ) filed by Progressive Casualty Insurance Company. (Owens, Mark)
January 16, 2007 Filing 28 Answer to Second Amended Complaint and, Counterclaim against Plaintiff/Counterclaim Defendant Progressive Casualty Insurance Company filed by Budget Rent A Car Systems, Inc.. Related document(s) #23 . (Tryon, David)
January 16, 2007 Opinion or Order Order [non document]granting #27 defendant's Motion for Extension of Time until 1/17/07 to answer. Entered by Judge Christopher A. Boyko on 01/16/07.(M,M)
January 12, 2007 Filing 27 Motion for extension of time until January 17, 2007 to Respond to Second Amended Complaint filed by Budget Rent A Car Systems, Inc.. (Tryon, David)
December 29, 2006 Opinion or Order Filing 26 Order granting #24 Motion for Extension of Case Scheduling Order. Status Conference/ Settlement Conference set for 3/5/2007 11:00 AM in Chambers 15B before Honorable Christopher A. Boyko.Non-expert Discovery due by 3/1/2007. Dispositive Motions due by 4/2/2007,Briefs In Opposiion due 05/01/2007, Replies to Briefs in Opposition due 05/14/2007.No further continuances will be granted. Signed by Judge Christopher A. Boyko on 12/28/2006.(R, Deb) Modified on 12/29/2006 (R, Deb).
December 28, 2006 Opinion or Order Order [non document] granting Motion for leave (Related Doc #23 )to file second amended complaint instanter.Entered on behalf of Judge Christopher A. Boyko on 12/28/2006.(R, Deb)
December 27, 2006 Filing 25 Proposed order to Motion for Extension of Case Scheduling Order filed by all parties. Related document(s) #24 . (Owens, Mark) Modified on 12/27/2006 (S, R).
December 27, 2006 Filing 24 Joint Motion for extension of time until March 1, 2007 to Complete Non-expert discovery filed by all parties. (Owens, Mark) Modified on 12/27/2006 removing wrong proposed order. See document #25 for correct proposed order. (S, R).
December 22, 2006 Filing 23 Motion for leave to file Second Amended Complaint Instanter filed by Progressive Casualty Insurance Company. (Attachments: #1 Exhibit A#2 Exhibit B)(Owens, Mark)
October 2, 2006 Opinion or Order Filing 22 Case Management Conference Plan/Order. Parties to be Joined and Pleading Amendments due by 11/2/2006, Dispositive Motions due by 2/15/2007, Settlement Conference set for 1/17/2007 02:00 PM in Chambers 15A before Honorable Christopher A. Boyko. Signed by Judge Christopher A. Boyko on 10/02/06. (M, M)
September 29, 2006 Filing 21 Initial Disclosures filed by Budget Rent A Car Systems, Inc.. (Tryon, David)
September 29, 2006 Filing 20 Initial Disclosures of Progressive Insurance Company filed by all plaintiffs. (Owens, Mark)
September 27, 2006 Filing 19 Report of Parties' Planning Meeting on September 18, 2006 filed by all parties. (Owens, Mark)
September 22, 2006 Opinion or Order Filing 18 Order granting Plaintiff and Defendant's Motion to excuse attendance of client representatives (Related Doc #16 ), (Related Doc #17 ) on the condition that the attorneys shall be prepared for the case management conference, with all available information, to disucss the circumstances, content, and context of the orignal contact between Progressive and Budget regarding the rental car arrangement for Ms. Nancy Sevor in June of 2004. Signed by Judge Christopher A. Boyko on 09/21/06.(M, M) Modified on 9/26/2006 (B, T).
September 20, 2006 Filing 17 Motion to excuse Attendance of Client Representative at October 2, 2006 CMC filed by all plaintiffs. (Owens, Mark)
September 19, 2006 Filing 16 Motion to excuse attendance of clients at October 2, 2006 Case Management conference filed by Budget Rent A Car Systems, Inc.. (Tryon, David)
September 13, 2006 Opinion or Order Filing 15 Case Management Conference Scheduling Order with case management conference to be held on 10/2/2006 at 10:00 AM at Chambers 15B before Honorable Christopher A. Boyko. Signed by Judge Christopher A. Boyko on 09/13/06. (Attachments: #1 Report of Parties Planning Meeting)(M, M) Modified on 9/14/2006 (M, M).
September 1, 2006 Filing 14 Reply of Progressive Casualty Insurance Company to #13 Counterclaim of Budget Rent a Car System, Inc.. filed by all plaintiffs. (Owens, Mark) Modified on 9/7/2006 (B, T).
August 16, 2006 Filing 13 Answer to Amended Complaint (Related Doc #4 ), Counterclaim against Progressive Casualty Insurance Company filed by Budget Rent A Car Systems, Inc.. (Tryon, David)
July 19, 2006 Opinion or Order Order [non document] granting #12 Motion for Extension of Time until August 17,2006. Signed by Judge Christopher A. Boyko on 07/19/2006.(R, Deb)
July 18, 2006 Filing 12 Unopposed Motion for extension of time until August 17, 2006 to plead or answer to amended complaint #4 filed by Budget Rent A Car Systems, Inc.. (Tryon, David) Modified on 7/20/2006 (B, T).
July 13, 2006 Filing 11 Return of Service Executed upon Budget Rent A Car by Certified Mail, Return Receipt on 06/28/2006 filed by Progressive Casualty Insurance Company Related document(s) #7 , #9 . (Owens, Mark) Modified on 7/20/2006 to note no signature or seal of clerk on summons (B, T).
July 7, 2006 Filing 10 Return of Service Executed upon CSC Lawyers Incorporating Service, Inc. by Certified Mail Return Receipt on 06-28-06 filed by Progressive Casualty Insurance Company Related document(s) #8 . (Owens, Mark)
July 7, 2006 Filing 9 FILING ERROR: INCORRECT DOCUMENT UPLOADED. Return of Service Executed upon Budget Rent A Car Systems by Certified Mail Return Receipt on 06-28-06 filed by Progressive Casualty Insurance Company Related document(s) #7 . (Owens, Mark) Modified/Attorney Contacted on 7/13/2006 (L, V).
June 30, 2006 Filing 8 INCOMPLETE. Return of Service Executed upon CSC Lawyers Incroporating Service, Inc. by Certified Mail Return Receipt on 06/28/2006 filed by Progressive Casualty Insurance Company Related document(s) #6 . (Owens, Mark) Modified on 7/6/2006 to note 1st page of summons missing. Filer to refile (B, T).
June 30, 2006 Filing 7 INCOMPLETE. Return of Service Executed upon Budget Rent A Car Systems, Inc. by Certified Mail Return Receipt on 06/28/2006 filed by Progressive Casualty Insurance Company Related document(s) #6 . (Owens, Mark) Modified on 7/6/2006 to note 1st page of summons missing. Filer to refile (B, T).
June 26, 2006 Filing 6 2 Summonses issued to counsel electronically on 6/26/2006 for service upon Budget Rent A Car Systems, Inc. and its statutory agent, CSC Lawyers Incorporating Service, Inc. (Attachments: #1 Summons) (B, B)
June 20, 2006 Filing 5 Praecipe to clerk for the issuance of summons upon Budget Rent A Car and CSC Lawyers filed by Progressive Casualty Insurance Company. Related document(s) #4 . (Attachments: #1 Summons: Budget Rent A Car#2 Summons: CSC Lawyers)(Owens, Mark) Modified on 6/26/2006 (B, T).
June 20, 2006 Filing 4 First Amended complaint against Budget Rent A Car Systems, Inc.. Filed by Progressive Casualty Insurance Company. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Owens, Mark) Modified on 6/26/2006 (B, T).
June 19, 2006 Filing 3 Proposed Consent to exercise of jurisdiction by Magistrate Judge issued. (M, P) Modified on 6/23/2006 (B, T).
June 19, 2006 Filing 2 Corporate Disclosure Statement filed by Progressive Casualty Insurance Company. Related document(s) #1 . (Owens, Mark)
June 19, 2006 Filing 1 Complaint For Declaratory Relief against Budget Rent A Car Systems, Inc. ( Filing fee 350 receipt number 2019721.). Filed by Progressive Casualty Insurance Company. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Civil Cover Sheet)(Owens, Mark) No Summons issued. Modified on 6/19/2006 (M, P).
June 19, 2006 Random Assignment of Magistrate Judge Wiliam Baughman Jr., pursuant to Local Rule 3.1. (M, P)
June 19, 2006 Judge Christopher A. Boyko assigned to case. (M, P)

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Counter defendant: Progressive Casualty Insurance Company
Represented By: Mark R. Koberna
Represented By: Mark E. Owens
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Defendant: Budget Rent A Car Systems, Inc.
Represented By: David C. Tryon
Represented By: John A. Mugnano
Represented By: Patrick T. Lewis
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