Mesa Underwriters Specialty Insurance Company v. Secret's Gentleman's Club et al
| Mesa Underwriters Specialty Insurance Company |
| Secret's Gentleman's Club, GLMR, Inc. doing business as Secrets, Sharon Snyder and Terry Snyder |
| GLMR, Inc. |
| 1:2016cv02035 |
| August 15, 2016 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Donald C Nugent |
| Insurance |
| 28 U.S.C. § 2201 |
| Defendant |
Docket Report
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| Filing 66 True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment re #57 Notice of Appeal (USCA# 17-3779). Date issued as mandate 1/30/19, Costs: None (H,SP) |
| Filing 64 Appeal Order from USCA for the Sixth Circuit: Granting the motions to file amicus briefs re #57 Notice of Appeal (USCA# 17-3779). Date issued by USCA 11/28/17 (H,SP) |
Filing 63
Order denying #58 the Joint Motion for Order Requiring Supersedeas Bond filed by Defendants, Sharon and Terry Snyder and SecretsGentlemans Club and GLMR, Inc., (other related docs #60 , #61 , #62 ). Judge Donald C. Nugent 10/27/2017(C,KA)
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| Filing 62 Motion for leave to file Instanter A Supplemental Brief to Plaintiff's Opposition to Defendant's Joint Motion for A Supersedeas Bond filed by Counter-Defendant Mesa Underwriters Specialty Insurance Company, Plaintiff Mesa Underwriters Specialty Insurance Company. (Attachments: #1 Exhibit Mesa's Supplemental Brief)(Campbell, Drew) |
| Filing 61 Motion for leave to file, instanter, a Sur-Reply to Defendant's Reply Brief in Support of Joint Motion for a Supersedeas Bond filed by Mesa Underwriters Specialty Insurance Company, Mesa Underwriters Specialty Insurance Company, Plaintiff Mesa Underwriters Specialty Insurance Company. Related document(s) #60 . (Attachments: #1 Exhibit A - Mesas Sur-Reply)(Campbell, Drew) |
| Filing 60 Reply in support of #58 Joint Motion for bond during appeal filed by All Defendants. (Flowers, Paul) |
| Filing 59 Opposition to #58 Joint Motion for bond during appeal filed by Mesa Underwriters Specialty Insurance Company. (Campbell, Drew) |
| Filing 58 Joint Motion for bond during appeal filed by GLMR, Inc., Secret's Gentleman's Club, Sharon Snyder, Terry Snyder. (Flowers, Paul) |
| Acknowledgment from the USCA for Sixth Circuit of receipt of #57 Notice of Appeal (USCA# 17-3779). Date filed in USCA 7/25/17. (H,SP) |
| Filing 57 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #55 Memorandum Opinion and #56 Judgment of 7/21/17, filed by Mesa Underwriters Specialty Insurance Company. (Filing fee $505 paid, receipt number 0647-8253374) (Campbell, Drew). Modified text on 7/25/2017 (H,SP). |
| Filing 56 Judgment Entry. For the reasons set forth in the #55 Memorandum Opinion filed contemporaneously herewith, the Court finds Mesa had a duty to defend and indemnify Secrets in the underlying State Court Action. The Motion for Judgment on the Pleadings filed by Plaintiff, Mesa Underwriters Specialty Insurance Company, (Docket #30) is hereby DENIED. The Motions for Partial Summary Judgment filed by Defendants, GLMR, Inc. and Secrets Gentleman's Club (Docket #31) and Defendants Sharon and Terry Snyder (Docket #32) are hereby GRANTED to the extentboth seek a determination as to Mesa's duty to defend and indemnify. All remaining claims are hereby DISMISSED WITHOUT PREJUDICE and may be refiled in proper form on or before October 1, 2017 if warranted. All pending Motions are hereby TERMINATED. Judge Donald C. Nugent on 7/21/17. (G,CA) |
| Filing 55 Memorandum Opinion. The Court finds Mesa had a duty to defend and indemnify Secrets in the underlying State Court Action. Plaintiff's Motion for judgment on the pleadings (Docket #30 ) is DENIED. The Motions for Partial Summary Judgment filed by Defendants, GLMR, Inc. and Secrets Gentlemans Club (Docket #31 ) and Defendants Sharon and Terry Snyder (Docket #32 ) are hereby GRANTED to the extent both seek a determination as to Mesa's duty to defend and indemnify. All remaining claims are hereby DISMISSED WITHOUT PREJUDICE and may be refiled in proper form on or before October 1, 2017 if warranted. All pending Motions are hereby TERMINATED. This Case is hereby TERMINATED. Judge Donald C. Nugent on 7/21/17. (G,CA) |
| Filing 54 Supplemental Brief of Defendants GLMR, Inc. and Secrets Gentleman's Club in Support of their Motion for Summary Judgment filed by GLMR, Inc., Secret's Gentleman's Club. Related document(s) #31 . (Sheehan, Michelle) |
| Filing 53 Closing Brief filed by Mesa Underwriters Specialty Insurance Company. (Campbell, Drew) Modified text on 6/19/2017 (G,TH). |
| Filing 52 Supplemental Post-Argument Brief filed by Defendants Sharon Snyder, Terry Snyder. Related document(s) #51 . (Flowers, Paul) Modified text on 6/19/2017 (G,TH). |
| Filing 51 Minutes of proceedings before Judge Donald C. Nugent ofStatus Conference held on 5/31/17. Each party granted leave to file supplemental briefs on issue raised during argument by 6/16/17. Time: 60 minutes.Related document(s) #30 , #31 , #32 . (C,KA) |
| Filing 50 Response to #46 Motion for leave to file its Supplemental Brief to its Motion for Judgment on the Pleadings Instanter filed by GLMR, Inc., Secret's Gentleman's Club. (Sheehan, Michelle) |
| Filing 49 FILING ERROR, duplicate of # 50 .Response to #46 Motion for leave to file its Supplemental Brief to its Motion for Judgment on the Pleadings Instanter filed by GLMR, Inc., Secret's Gentleman's Club. (Sheehan, Michelle) |
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Order [non-document]granting Motion of Mesa Underwriters Specialty Insurance Company for leave to File its Supplemental Brief to Its Motion for Judgment on the Pleadings(Related Doc #46 ). Judge Donald C. Nugent on 5/15/17.(R,JM)
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| Filing 48 Supplemental Brief filed by Sharon Snyder, Terry Snyder. Related document(s) #46 , #47 . (Attachments: #1 Appendix Common Pleas Docket) (Flowers, Paul) Modified text to correct related documents on 5/16/2017 (G,TH). |
| Filing 47 Response to #46 Plaintiff's Motion for leave to file its Supplemental Brief to its Motion for Judgment on the Pleadings Instanter filed by Sharon Snyder, Terry Snyder. (Flowers, Paul) Modified text on 5/10/2017 (G,TH). |
| Filing 46 Motion for leave to file its Supplemental Brief to its Motion for Judgment on the Pleadings Instanter filed by Plaintiff Mesa Underwriters Specialty Insurance Company. Related document(s) #30 . (Attachments: #1 Exhibit A - Supplemental Brief)(Haque, Ali) |
| Filing 45 Reply in support of #42 Motion to dismiss Defendant's Counterclaims and Motion to strike Defendants' Dispositive Motions filed by Mesa Underwriters Specialty Insurance Company. (Campbell, Drew) s/ by Ali H. Haque. |
| IMPORTANT: Notice (non-document)of RE-SCHEDULED Status Conference set for 5/31/2017 at 10:00 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) |
| IMPORTANT: Notice (non-document) of RE-SCHEDULED Status Conference to be held on 4/24/2017 at 10:00 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) |
| Filing 44 Opposition to #42 Motion to dismiss Defendant's Counterclaims and Motion to strike Defendants' Dispositive Motions filed by GLMR, Inc., Secret's Gentleman's Club. (Attachments: #1Exhibit A, Agreement and Stipulation)(Sheehan, Michelle) Modified text on 4/10/2017 (G,TH). |
| Filing 43 Opposition to #42 Motion to dismiss Defendant's Counterclaims and Motion to strike Defendants' Dispositive Motions, filed by Sharon Snyder and Terry Snyder. (Flowers, Paul) Modified text on 4/10/2017 (G,TH). |
| Filing 42 Motion to dismiss Defendant's Counterclaims #17 #18 and Motion to Strike Defendants' Dispositive Motions and Memoranda Related to Dispositive Motions #31 #32 #36 #37 #40 #41 filed by Plaintiff Mesa Underwriters Specialty Insurance Company. (Attachments: #1 Exhibit A - Transcript)(Haque, Ali). Added Motion to strike on 3/27/2017 (G,TH). |
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Order [non-document]granting Plaintiff's Motion to exceed page limitations (Related Doc #38 ). Judge Donald C. Nugent on 3/13/17.(R,JM) Modified text on 3/20/2017 (G,TH).
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| Filing 41 Reply in support of #31 Motion for summary judgment filed by GLMR, Inc., Secret's Gentleman's Club. (Sheehan, Michelle) |
| Filing 40 Reply in support of #32 Motion for partial summary judgment filed by Sharon Snyder, Terry Snyder. (Flowers, Paul) |
| Filing 39 Reply in support of #30 Motion for judgment on the pleadings filed by All Plaintiffs. (Attachments: #1 Exhibit A - August 3 Hearing Transcript Snyder v. Vargas, #2 Exhibit B - Creditor Action Docket)(Campbell, Drew) |
| Filing 38 Motion for leave to exceed page limitations for Memorandum relating to Dispositive Motions filed by Plaintiff Mesa Underwriters Specialty Insurance Company. (Haque, Ali) |
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Order [non-document]granting Motion for extension of dispositive Motion Page Limitations. (Related Doc #29 ). Judge Donald C. Nugent on 3/1/17.(R,JM)
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| IMPORTANT: Notice (non-document) of Re-scheduled Status Conference set for 4/12/2017 at 11:00 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) |
| Filing 37 Opposition to #30 Motion for judgment on the pleadings filed by Sharon Snyder, Terry Snyder. (Attachments: #1 Exhibit - Partial Transcript of Hearing of August 3, 2016)(Flowers, Paul) |
| Filing 36 Opposition to #30 Motion for judgment on the pleadings filed by GLMR, Inc., Secret's Gentleman's Club. (Attachments: #1 Exhibit A - Certified Final Judgment, #2 Exhibit B - State Court Motion for Summary Judgment on Negligence Claims, #3 Exhibit C - State Trial Court Journal Entry Denying Motion for Summary Judgment on Negligence Claims, #4 Exhibit D - State Court Motion in Limine Conceding Res Judicata Effect of Secrets Consent Judgment)(Sheehan, Michelle) |
| Filing 35 Response to #31 Motion for summary judgment , #32 Motion for partial summary judgment filed by All Plaintiffs. (Campbell, Drew) |
| Filing 34 Notice of Certificate of Judgment in favor of Sharon Snyder Individually and as Administratrix of the Estate of Desiree Synder, Deceased and Terry Snyder, filed in Cuyahoga County Common Pleas Court on 2/16/2017 as case JL17791444.(B,R) Modified state court filed date on 3/2/2017 (M, S). |
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Order [non-document]granting Motion to exceed page limitations (Related Doc #33 ). Judge Donald C. Nugent on 2/28/17.(R,JM)
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| Filing 33 Motion for leave to exceed page limitations for Memorandum Relating to Dispositive Motions filed by Plaintiff Mesa Underwriters Specialty Insurance Company. (Haque, Ali) |
| Filing 32 Motion for partial summary judgment filed by Defendant Sharon Snyder, Sharon Snyder, Terry Snyder. (Attachments: #1 Exhibit - Common Pleas Final Judgment)(Flowers, Paul) |
| Filing 31 Motion for summary judgment filed by GLMR, Inc., Secret's Gentleman's Club, GLMR, Inc., Secret's Gentleman's Club. Related document(s) #23 . (Attachments: #1 Brief in Support Memorandum in Support of Motion for Summary Judgment, #2 Exhibit A-Final Judgment #3 Exhibit B - State Court Lawsuit Case Information Sheet #4 Exhibit C - State Court Lawsuit #5 Exhibit D - Mesa's 2/25/15 Denial Letter #6 Exhibit E - 3/25/15 letter to Mesa #7 Exhibit F - 6/25/15 Mesa Supp. Denial Letter #8 Exhibit G - Mesa Policy #9 Exhibit H - Mesa Commercial Property Policy No. MPo134001000018 #10 Exhibit I - 7/21/15 Demand Letter #11 Exhibit J - Mesa 8.4.15 Denial of Coverage Letter #12 Exhibit K - 8/252/15 letter to Mesa #13 Exhibit L - 1/14/16 demand letter to Mesa #14 Exhibit M - Stipulation #15 Exhibit N - Declaration of Ronn Lee)(Sheehan, Michelle) Modified to include Exhibit descriptions on 1/25/2017 (G,TH). |
| Filing 30 Motion for judgment on the pleadings filed by Plaintiff Mesa Underwriters Specialty Insurance Company. (Attachments: #1 Exhibit A - Stipulation 5.18.16, #2 Exhibit B - Amended Stipulation 5.31.16, #3 Exhibit C - Case Docket CV 15 839575, #4 Exhibit D - Motion to Continue 7.29.16, #5 Exhibit E - Hearing and Trial Brief Underlying Lawsuit)(Campbell, Drew) |
| Filing 29 Motion for extension of dispositive motion page limitations filed by GLMR, Inc., Secret's Gentleman's Club, GLMR, Inc., Secret's Gentleman's Club. (Sheehan, Michelle) Modified text on 1/19/2017 (G,TH). |
| Filing 28 Returned Mail for service package addressed to Defendant Terry Snyder. Service was not done by the Clerk's Office. Service attempted by certified mail on 10/16/2016. Envelope marked: Return to sender; Unclaimed; Unable to forward. Related document(s) #1 , #25 , #7 . (M, S) |
| Filing 27 Answer to #18 Counterclaim filed by Mesa Underwriters Specialty Insurance Company. (Campbell, Drew) Modified text on 12/27/2016 (W,CM). |
| Filing 26 Answer to #17 Counterclaim filed by Mesa Underwriters Specialty Insurance Company. (Campbell, Drew) Modified text on 12/27/2016 (W,CM). |
| Filing 25 Certified mail receipt returned, addressed to Terry Snyder. Green card contains no signature or date. Service was not done by the Clerk's Office. (M, S) |
| Filing 24 Certified Mail returned unsigned and undelivered upon Sharon Snyder. Service was not done by the Clerk's Office. Service attempted by certified mail on 11/30/2016, marked unclaimed filed on behalf of Mesa Underwriters Specialty Insurance Company. Related document(s) #7 . (S,SR) Modified text/regenerated nef/notified attorney of LR 4.2 on 12/12/2016 (M, S). |
| Filing 23 Minutes of proceedings before Judge Donald C. Nugent.Case Management Conference held on 12/6/16. Case is assigned to the standard track. Status Conference set for 3/14/2017 at 09:00 AM. Discovery due by 7/1/2017. Parties to file cross motions on or before 1/24/17, response 2/28/17 and reply if any, 3/10/17.Time: 30 minutes. (C,KA) |
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Order [non-document]granting #21 Unopposed Motion for Extension of Time until 12/21/2016 to To Move or Plead. Judge Donald C. Nugent on 12/05/16.(R,JM)
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| Filing 22 Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and LR 16.3(b), parties do not consent to this case being assigned to the magistrate judge, filed by Mesa Underwriters Specialty Insurance Company. (Campbell, Drew) |
| Filing 21 Unopposed Motion for extension of time until 12/21/2016 to To Move or Plead to #17 Counterclaim filed by Mesa Underwriters Specialty Insurance Company. (Campbell, Drew) Modified text and link added on 12/2/2016 (W,CM). |
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Order [non-document]granting Joint Motion to excuse party representatives from attending Case Management Conference. (Related Doc #20 ). Judge Donald C. Nugent on 11/29/16.(R,JM)
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| Filing 20 Joint Motion to excuse Party Representatives from Attending Case Management Conference filed by Mesa Underwriters Specialty Insurance Company. (Campbell, Drew) Modified text on 11/28/2016 (W,CM). |
| Filing 19 Corporate Disclosure Statement filed by GLMR, Inc., Secret's Gentleman's Club. (Sheehan, Michelle) |
| Filing 18 Answer to #1 Complaint, with Jury Demand , Counterclaim against Mesa Underwriters Specialty Insurance Company filed by GLMR, Inc., Secret's Gentleman's Club. (Attachments: #1 Exhibit A - Filing from Cuyahoga County Court of Common Pleas). (Sheehan, Michelle) Modified on text 11/17/2016 (G,TH). Modified text and Counterclaim 11/21/2016 (G,TH). |
| Filing 17 Answer to #1 Complaint, with Jury Demand , Counterclaim against Mesa Underwriters Specialty Insurance Company filed by Sharon Snyder, Terry Snyder. (Attachments: #1 Exhibit A Mesa Policy No. MP0034001000890 issued to Secrets Gentlemens Club, #2 Exhibit B Mesa Policy No. MP0134001000018 issued to GLMR, Inc. dba Secrets Gentlemens Club, #3 Exhibit C Snyders State Court lawsuit in Case No. 15-CV-839575 filed 1-28-15, #4 Exhibit D Findings of Fact and Conclusions of Law in Case No. CV-15-839575 dated 9-28-16, #5 Exhibit E Mesas denial of defense and coverage letter to Secrets dated 2-25-15, #6 Exhibit F Letter to Mesa from Atty. Ronald Lee dated 3-25-15, #7 Exhibit G Mesa coverage counsel letter to Ronald Lee dated 4-3-15, #8 Exhibit H Mesa Supplement to Denial of Coverage Letter to Ronald Lee dated 6-25-15, #9 Exhibit I Letter to Mesa from Ronald Lee dated 7-21-15, #10 Exhibit J Mesa coverage counsel letter to Ronald Lee dated 8-4-15, #11 Exhibit K Letter to Mesa from George Pilat dated 8-25-15, #12 Exhibit L Letter to Mesa with Security Expert Gregory Baepplers report dated 1-14-16, #13 Exhibit M Amended Stipulation for Consent Judgment filed in Case No. CV-15-839575 dated 5-31-16) filed by Defendants Sharon Snyder and Terry Snyder's (Bashein, W.) Modified text on 11/17/2016 (G,TH). |
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Filing 16
Order continuing case management conference currently set for 11/18/16 to 12/6/2016 at 11:30 AM at Courtroom 15A before Judge Donald C. Nugent. 11/4/16 (C,KA) NEF regenerated on 11/4/2016 (C,KA).
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| Filing 15 Marginal Entry Order granting #14 Defendants' Motion for extension of time until November 16, 2016 to answer. Judge Donald C. Nugent on 10/17/2016.(M, S) |
| Filing 14 Joint Motion for extension of time until November 16, 2016 to answer Plaintiff's Complaint filed by GLMR, Inc., Secret's Gentleman's Club, Sharon Snyder, Terry Snyder. (Keefe, Stephen) |
| Filing 13 Attorney Appearance by Michelle Sheehan, filed on behalf of GLMR, Inc., Secret's Gentleman's Club. (Sheehan, Michelle) Modified text on 11/2/2016 (P, S). |
| Filing 12 Attorney Appearance by Paul W. Flowers filed by on behalf of Sharon Snyder, Terry Snyder. (Flowers, Paul) |
| Filing 11 Attorney Appearance by W. Craig Bashein filed by on behalf of Sharon Snyder, Terry Snyder. (Bashein, W.) |
| Filing 10 Attorney Appearance by Stephen T. Keefe, Jr filed by on behalf of Sharon Snyder, Terry Snyder. (Keefe, Stephen) |
| Filing 9 Notice: Case Management Conference Scheduling Order with case management conference to be held on 11/18/2016 at 09:00 AM at Courtroom 15A before Judge Donald C. Nugent. (C,KA) |
| Reassignment of Magistrate Judge due to the retirement of Magistrate Judge Kenneth S. McHargh. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (S,SR) |
| Filing 8 Certified Mail Receipt returned executed upon GLMR, Inc. on 9/26/2016; Secret's Gentleman's Club on 9/26/2016, filed on behalf of Mesa Underwriters Specialty Insurance Company. Service was done by attorney and returned to Court. Related document(s) #5 . (M, S) Modified text/regenerated nef/notified attorney of LR 4.2 on 12/12/2016 (M, S). |
| Filing 7 Alias Summons issued to counsel for service upon Sharon Snyder, Terry Snyder. (W,CM) |
| Filing 6 Praecipe for issuance of Original Summons filed by Mesa Underwriters Specialty Insurance Company. (Attachments: #1 Summons S Snyder at Home Address, #2 Summons T Snyder at Home Address)(Campbell, Drew) Modified text on 9/27/2016 (W,CM). |
| Filing 5 Original Summons issued to counsel for service upon GLMR, Inc., Secret's Gentleman's Club, Sharon Snyder, Terry Snyder. (W,CM) |
| Filing 4 Praecipe for issuance of Original Summons . filed by Mesa Underwriters Specialty Insurance Company. (Attachments: #1 Summons Secret's, #2 Summons GLMR, #3 Summons S Snyder, #4 Summons T Snyder)(Campbell, Drew) |
| Filing 3 Magistrate Consent Form issued. (W,Jo) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent Selective Insurance Group, Inc. for Mesa Underwriters Specialty Insurance Company filed by Mesa Underwriters Specialty Insurance Company. (Campbell, Drew) |
| Filing 1 Complaint For Declaratory Judgment against All Defendants. Filing fee paid $ 400, Receipt number 0647-7757125. Filed by Mesa Underwriters Specialty Insurance Company. (Attachments: #1 Exhibit A -Policy Declarations, #2 Exhibit B-Cuyahoga County Com Pleas Complaint, #3 Civil Cover Sheet Civil Cover Sheet) (Campbell, Drew) |
| 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. (W,Jo) |
| Judge Donald C. Nugent assigned to case. (W,Jo) |
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