Nordson Deutschland GmbH v. Insurance Company of the State of Pennsylvania
Plaintiff: Nordson Deutschland GmbH
Defendant: Insurance Company of the State of Pennsylvania
Case Number: 1:2015cv00905
Filed: May 7, 2015
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: Dan Aaron Polster
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 19, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2016 Opinion or Order Filing 31 Marginal Entry Order granting Plaintiff's Motion to dismiss case. Case dismissed with prejudice, each party to bear its own attorneys' fees and costs. (Related Doc #30 ). Signed by Judge Dan Aaron Polster on 4/19/2016.(K,K)
April 18, 2016 Filing 30 Stipulated Motion to dismiss case filed by Plaintiff Nordson Deutschland GmbH. (Garrison, Emily)
March 11, 2016 Filing 29 Transcript of Settlement held on March 9, 2016 before Magistrate Judge Kenneth S. McHargh. To obtain a bound copy of this transcript please contact court reporter Sue Trischan at 216-357-7087. [6 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/18/2016. Redaction Request due 4/1/2016. Redacted Transcript Deadline set for 4/11/2016. Release of Transcript Restriction set for 6/9/2016. (T,S)
March 9, 2016 Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. Mediation Conference held on 3/9/2016. Attorneys John S. Visheski and Stacy Beliner for the plaintiff; and Attorney Patrick Fredette for the present. Case Settled. Entry to be submitted by April 10, 2016. Referral terminated. (Court Reporter: Sue Trischan) Time: 6.0 hours. (M,De)
February 3, 2016 Opinion or Order Order (non-document) that upon agreement of counsel the Mediation Conference is RESET to be held on Wednesday, 3/9/16, at 10:00 a.m. in Chambers 9B before Magistrate Judge Kenneth S. McHargh. All instructions in the Court's #28 Order for Mediation remain in effect with the following revised deadlines: No later than February 19, 2016, plaintiff's counsel shall submit a written itemization of damages and settlement demand to defendant's counsel with a brief explanation of why such a settlement is appropriate. No later than February 25, 2016, defendant's counsel shall submit a written offer to plaintiff's counsel with a brief explanation of why such a settlement is appropriate. If settlement is not achieved, plaintiff's counsel shall deliver or fax copies of these letters to Magistrate Judge McHargh's chambers no later March 2, 2016. Each party shall submit a confidential statement to the Magistrate Judge no later than March 2, 2016. Magistrate Judge Kenneth S. McHargh on 2/3/16. (M,De) Modified text on 2/3/2016 to add that document is a non-document order and regenerated NEF (M,De).
February 2, 2016 Opinion or Order Filing 28 Order with mediation conference to be held on Thursday, March 3, 2016, at 10:00 AM in Chambers 9B before Magistrate Judge Kenneth S. McHargh. No later than February 16, 2016, plaintiff's counsel shall submit a written itemization of damages and settlement demand to defendant's counsel with a brief explanation of why such a settlement is appropriate. No later than February 22, 2016, defendant's counsel shall submit a written offer to plaintiff's counsel with a brief explanation of why such a settlement is appropriate. If settlement is not achieved, plaintiff's counsel shall deliver or fax copies of these letters to Magistrate Judge McHargh's chambers no later February 25, 2016. Each party shall submit a confidential statement to the Magistrate Judge no later than February 25, 2016. (See order for instructions and specifics). Magistrate Judge Kenneth S. McHargh on 2/1/16. (M,De)
January 29, 2016 Opinion or Order Order [non-document]referring case to Magistrate Judge Kenneth S. McHargh for Mediation. Approved by Judge Dan Aaron Polster on 1/29/2016. (O,K)
January 29, 2016 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. Scheduled teleconference held on 1/29/2016. Attending for Plaintiff were Attorneys Vishnecki and Berliner, and client representative Gine Beredo. Attending for Defendant were Attorney Fredette and client representative Jo Anne Kerwin. At this time, the parties indicated their desire to have the assigned magistrate judge mediate their case; consequently, the Court shall issue an order referring the case to Magistrate Judge Kenneth S. McHargh for mediation. At counsel's request, briefing on the Motion to Reconsider is stayed. Nothing further was scheduled. The cut-off date for amending the pleadings or adding additional parties has been extended to 21 days following the conclusion of the mediation. Time: 15 minutes. (O,K) Modified to add cut-off date for amended pleadings/parties on 2/1/2016 Regenerated NEF (O,K).
January 28, 2016 IMPORTANT: Notice of Hearing [non-document]: Change in time only. Telephone Conference set for 1/29/2016 at 02:30 PM before Judge Dan Aaron Polster. (O,K)
January 28, 2016 Filing 27 Motion for reconsideration of #26 Opinion and Order filed by Defendant Insurance Company of the State of Pennsylvania. Related document(s) #26 . (Fredette, Patrick) Modified on 1/28/2016 (W,CM).
January 15, 2016 Filing 26 Nunc Pro Tunc Opinion & Order re #20 Motion for partial summary judgment regarding the duty to defend filed by Nordson Deutschland GmbH, #22 Motion for summary judgment and Brief in Opposition to Motion for Partial Summary Judgment of Nordson Deutschland filed by Insurance Company of the State of Pennsylvania, #25 Order on Motion for partial summary judgment, Order on Motion for summary judgment. Judge Dan Aaron Polster on 1/15/2016. (R,Sh)
January 15, 2016 Notice [non-document] of Telephone Conference set for 1/29/2016 at 1:00 PM before Judge Dan Aaron Polster on the Court's bridge line. (P,R)
January 14, 2016 Opinion or Order Filing 25 Order denying Motion for partial summary judgment (Related Doc #20 ); denying Motion for summary judgment (Related Doc #22 ). The Court finds that there are disputed issues of material fact. Judge Dan Aaron Polster on 1/14/2016.(R,Sh)
December 21, 2015 Filing 24 Reply in support of #22 Motion for summary judgment and Brief in Opposition to Motion for Partial Summary Judgment of Nordson Deutschland Reply Brief filed by Insurance Company of the State of Pennsylvania. (Attachments: #1 Declaration of Patrick Fredette)(Fredette, Patrick)
December 4, 2015 Filing 23 Response to #22 Motion for summary judgment and Brief in Opposition to Motion for Partial Summary Judgment of Nordson Deutschland and Reply in Support of Motion for Partial Summary Judgment of Nordson filed by Nordson Deutschland GmbH. (Garrison, Emily)
November 4, 2015 Filing 22 Motion for summary judgment and Brief in Opposition to Motion for Partial Summary Judgment of Nordson Deutschland filed by Defendant Insurance Company of the State of Pennsylvania. Related document(s) #20 . (Attachments: #1 Exhibit Declaration of Jennifer Bilz)(Fredette, Patrick)
August 27, 2015 Opinion or Order Order (non-document) adopting litigation schedule outlined in #21 Report of Parties' Planning Meeting, filed by Nordson Deutschland GmbH. The 9/9/15 case management conference is canceled. Judge Dan Aaron Polster on 8/27/15. (P,R)
August 24, 2015 Filing 21 Report of Parties' Planning Meeting under Fed R. Civ. P. 26(F) and LR 16.3(b)(3), parties do not consent to this case being assigned to the magistrate judge, filed by Nordson Deutschland GmbH. (Garrison, Emily) Wrong s/ signature. Filer advised on 8/27/2015 (S,HR).
August 7, 2015 Filing 20 Motion for partial summary judgment regarding the duty to defend filed by Plaintiff Nordson Deutschland GmbH. (Attachments: #1 Memo Points and Authorities in Support, #2 Declaration of Ozan Akyurek, #3 Declaration of Gina Beredo, #4 Declaration of Donna Kemmerle, #5 Exhibit A Akyurek Decl. - Summons, #6 Exhibit B Akyurek Decl. - 2/11/13 Email, #7 Exhibit C Akyurek Decl. - 3/4/13 Email, #8 ExhibitA Beredo Decl. - Policy, #9 Exhibit B Beredo Decl. - Policy, #10 Exhibit C Beredo Decl. - 2/12/14 Email, #11 Exhibit D Beredo Decl. - 4/8/14 Email, #12 Exhibit E Beredo Decl. - 5/30/14 Email, #13 Exhibit F Beredo Decl. - 1/7/15 Letter, #14 ExhibitA Kemmerle Decl. - 1/25/12 Letter, #15 Exhibit B Kemmerle Decl. - 12/20/12 Email, #16 Exhibit C Kemmerle Decl. - 3/27/13 Email, #17 Exhibit D Kemmerle Decl. - 5/7/13 Email, #18 Exhibit E Kemmerle Decl. - 1/7/14 Email, #19 Exhibit F Kemmerle Decl. - 4/16/2013 Letter, #20 Exhibit G Kemmerle Decl. - 10/1/13 Email, #21 Exhibit H Kemmerle Decl. - 11/13/13 Email, #22 Exhibit I Kemmerle Decl. - 2/13/14 Email)(Garrison, Emily) Wrong s/ signature. Removed double wording and advised filer for the future on 8/27/2015. (S,HR).
August 5, 2015 Filing 19 Initial Disclosures filed by Nordson Deutschland GmbH. (Attachments: #1 Exhibit A to Nordson's Initial Disclosures)(Garrison, Emily)
August 4, 2015 Filing 18 Case Management Conference Scheduling Order - Case management conference to be held on 9/9/2015 at 10:30 AM at Chambers 18B before Judge Dan Aaron Polster. Judge Dan Aaron Polster on 8/4/15. (P,R)
August 4, 2015 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. After reviewing the record in this recently re-assigned insurance coverage case, the Court held a teleconference with Attorneys Vishneski and Berliner (Plaintiff) and Fredette (Defendant) to discuss how best to resolve this dispute. As a result of discussions, the Court scheduled a Case Management Conference (CMC) beginning at 10:30 a.m. EDT on Wednesday, September 9, 2015. The Court will issue a CMC Scheduling Order detailing the parties obligations including the compulsory in-person attendance of counsel and clients with full settlement authority. The Court will cancel the CMC, however, if the parties file, no later than 4;00 p.m. EDT on Tuesday, September 1, 2015, a Case Management Plan with agreed dates and deadlines for litigating this case. Accordingly, the CMC previously scheduled for August 5, 2015 (see Doc #: 13) is cancelled. Time: 20 min. (P,R)
August 4, 2015 Judge Dan Aaron Polster assigned to case. Judge James S. Gwin terminated. (O,K)
August 4, 2015 Opinion or Order Filing 17 Order of Recusal signed by Judge James S. Gwin on 8/4/15. This case is returned to the Clerk for reassignment to another judge. (M,G)
July 31, 2015 Filing 16 Motion to excuse appearance from Case Management Conference filed by Defendant Insurance Company of the State of Pennsylvania. Related document(s) #13 . (Fredette, Patrick)
July 31, 2015 Filing 15 Report of Parties' Planning Meeting Under Fed R. Civ. P. 26(F) and LR 16.3(b)(3), parties do not consent to this case being assigned to the magistrate judge, filed by Nordson Deutschland GmbH. (Thacker, Joseph)
June 29, 2015 Filing 14 Answer and Affirmative Defenses to #1 Complaint filed by Insurance Company of the State of Pennsylvania. (Fredette, Patrick) Modified text on 7/1/2015 (H,KR).
June 15, 2015 Opinion or Order Filing 13 Case Management Conference Scheduling Order signed by Judge James S. Gwin on 6/15/15 setting a conference for 8/5/15 at 10:30 a.m., Chambers 18A (Cleveland). IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (M,G)
June 15, 2015 Filing 12 Magistrate Consent Package issued 6/15/15 on behalf of Judge James S. Gwin. (M,G)
May 26, 2015 Filing 11 Return of Service by Clerk unexecuted upon The Insurance Company of the State of Pennsylvania (no signature on green card). Service attempted by certified mail filed on behalf of Nordson Deutschland GmbH. Related document(s) #2 . (K,K)
May 21, 2015 Filing 10 Corporate Disclosure Statement identifying Corporate Parent American International Group, Inc., Corporate Parent AIUH LLC, Corporate Parent AIG Property Casualty, Inc., Corporate Parent AIG Property Casualty U.S., Inc. for Insurance Company of the State of Pennsylvania filed by Insurance Company of the State of Pennsylvania. (Bilz, Jennifer)
May 21, 2015 Notice by Clerk that Defendant Insurance Company of the State of Pennsylvania failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (S,HR)
May 21, 2015 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 5/21/15 granting the motion for admission pro hac vice of Attorney Patrick P. Fredette on behalf of defendant. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc. #9 ) (M,G)
May 20, 2015 Opinion or Order Stipulation & Order signed by Judge James S. Gwin on 5/20/15 approving an extension of time until 6/29/15 for defendant to respond to the complaint. The Court requires the filing of an answer. (Related Doc. #8 ) (M,G)
May 20, 2015 Filing 9 Motion for attorney Patrick Fredette to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7099656, filed by Defendant Insurance Company of the State of Pennsylvania. (Attachments: #1 Exhibit Certificate of Good Standing)(Bilz, Jennifer) Wrong s/ signature. Filer advised for future filings on 5/21/15 (S,HR).
May 19, 2015 Filing 8 Proposed stipulation for extension of time until 6/29/15 to move or plead filed by Insurance Company of the State of Pennsylvania. Related document(s) #1 .(Bilz, Jennifer) Modified text on 5/20/2015 (S,HR).
May 19, 2015 Filing 7 Return of Service by Clerk by certified mail executed upon Insurance Company of the State of Pennsylvania on 5/14/2015, filed on behalf of Nordson Deutschland GmbH Related document(s) #2 . (C,KA)
May 12, 2015 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 5/12/15 granting the motions for admission pro hac vice of Attorney John S. Vishneski, III and Elizabeth E. Garrison on behalf of plaintiff. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Docs. #4 and #5 ) (M,G)
May 11, 2015 Filing 6 Magistrate Consent Package issued 5/11/15 on behalf of Judge James S. Gwin. (M,G)
May 8, 2015 Service by Clerk. Summons and Complaint addressed to Insurance Company of the State of Pennsylvania (70121640000201635288), and c/o statutory agent CSC(5271) placed in U.S. Mail. Type of service: certified mail. (C,B)
May 8, 2015 Filing 5 Motion for attorney Emily E. Garrison to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7081868, filed by Plaintiff Nordson Deutschland GmbH. (Attachments: #1 Affidavit & Certificate of Good Standing)(Thacker, Joseph) Modified exhibit text on 5/11/2015 (G,CA).
May 8, 2015 Filing 4 Motion for attorney John S. Vishneski III to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7081705, filed by Plaintiff Nordson Deutschland GmbH. (Attachments: #1 Affidavit & Certificate of Good Standing)(Thacker, Joseph) Modified to delete repetitive text on 5/8/2015 (H,KR). Modified exhibit text on 5/11/2015 (G,CA).
May 8, 2015 Filing 3 Corporate Disclosure Statement identifying Corporate Parent Nordson Corporation for Nordson Deutschland GmbH filed by Nordson Deutschland GmbH. (Thacker, Joseph)
May 7, 2015 Filing 2 Original Summons and Magistrate Consent Form issued for service upon Insurance Company of the State of Pennsylvania (and statutory agent). (Attachments: #1 Magistrate Consent Form) (C,B)
May 7, 2015 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kenneth S. McHargh. (C,B)
May 7, 2015 Judge James S. Gwin assigned to case. (C,B)
May 7, 2015 Filing 1 Complaint with jury demand against Insurance Company of the State of Pennsylvania. Filing fee paid $ 400, Receipt number 0647-7081339. Filed by Nordson Deutschland GmbH. (Attachments: #1 Exhibit ICSOP Policy Number 80-0268162, #2 Exhibit ICSOP Policy Number 80-0269461, #3 Exhibit September 12, 2012 Summons received by Nordson, #4 Exhibit Nordsons September 25, 2012 notice letter, #5 Civil Cover Sheet, #6 Summons, #7 Summons) (Thacker, Joseph) Modified text on 5/7/2015 (C,B).

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Defendant: Insurance Company of the State of Pennsylvania
Represented By: Patrick P. Fredette
Represented By: Jennifer Bilz
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Plaintiff: Nordson Deutschland GmbH
Represented By: John S. Vishneski, III
Represented By: Stacy R.C. Berliner
Represented By: Emily E. Garrison
Represented By: Joseph P. Thacker
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