Elegant Eglo, LLC. v. Onyx Insurance Company, Inc., et al.
| Elegant Eglo, LLC |
| American Specialty Insurance Group, Inc. and Onyx Insurance Company, Inc. |
| 1:2019cv02671 |
| November 14, 2019 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
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| Filing 13 Motion for judgment on the pleadings and Request for Attorney's Fees and Sanctions filed by Defendant American Specialty Insurance Group, Inc.. (Attachments: #1 Exhibit CV-18-892122 docket, #2 Exhibit CV-18-902479 docket, #3 Exhibit CV-19-920073, #4 Exhibit Complaint - CV-19-920073, #5 Exhibit Answer of Onyx Insurance - Case No. CV-18-892122, #6 Exhibit Complaint - CV-18-902479)(Winter, Jason) |
Order [non-document] Pending before this Court are: Onyx Insurance Company, Inc.'s Motion For Leave To File Dispositive Motion filed on 12/18/19 (Onyx's Motion) (Doc. No. 9); and Defendant American Specialty Insurance Group, Inc.'s Motion For Leave To File Motion For Summary Judgment filed on 12/18/19 (American Specialty's Motion) (Doc. No. 10) On December 19, 2019, Plaintiff filed a Brief In Opposition to Onyx's Motion (Doc. No. 11) and a Brief in Opposition to American Specialty's Motion (Doc. No. 12) (together, Plaintiff's Opposition). Footnote 1 contained in Onyx's Motion reads: While 6 of the Case Management Order specifies that a motion for summary judgment may not be filed without leave of Court prior to the close of discovery, the within is a precautionary motion to the extent the [sic] Court or parties wish to weigh in on the proposal. Since Onyx's Motion seeks leave to file a motion for judgment on the pleadings, as distinguished from a motion for summary judgment which must be supported by, and opposed with evidence developed through discovery, it is not necessary that Onyx obtain leave to file a motion for judgment on the pleadings. Therefore, Onyx's Motion is DENIED AS MOOT. If, however, in its motion for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c) Onyx presents matters outside the pleadings requiring the Court to treat it as one for summary judgment, then any decision thereon will be deferred so as to give a reasonable opportunity to Plaintiff to present all of the material that is pertinent to the motion As to American Specialty's Motion, it does seek leave to file a motion for summary judgment, as required by this Court. However, since, as asserted in Plaintiff's Opposition, Plaintiff needs adequate time to conduct discovery, including production of all underwriting documents, and likely a deposition, before it can reasonably respond to a summary judgment motion, American Specialty's Motion is DENIED. Entered by Judge Pamela A. Barker on 12/20/2019.(L,Ja)
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| Filing 12 Brief In Opposition to Defendant American Specialty Insurance Group, Inc.'s Motion for Leave to File Motion for Summary Judgment filed by Elegant Eglo, LLC. (Related document(s) #10 ) (Pomerantz, David) |
| Filing 11 Brief In Opposition to Onyx Insurance Company, Inc.'s Motion for Leave to File Dispositive Motion filed by Elegant Eglo, LLC. (Related document(s) #9 ). (Attachments: #1 Exhibit 1 - ONYX Business Auto Policy Coverage; Exhibit 2 - Business Auto Policy Declarations; Exhibit 3 - List of Vehicles) (Pomerantz, David). Modified on 1/3/2020 to add description to exhibits, filer notified exhibits should not be uploaded as one attachment (H,SP). |
| Filing 10 Motion for leave to file Motion for Summary Judgment filed by Defendant American Specialty Insurance Group, Inc.. (Winter, Jason) |
| Filing 9 Motion for leave to File Dispositive Motion filed by Defendant Onyx Insurance Company, Inc.. (Taylor, Randy) |
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Filing 8
Case Management Conference Scheduling Order with case management conference to be held on 2/6/2020 at 02:00 PM at Chambers 16A. Entered by Judge Pamela A. Barker on 12/18/2019. (Attachments: #1 Report of Parties' Planning Meeting)(L,Ja)
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| Filing 7 Magistrate Consent Package Issued by Courtroom Deputy. (L,Ja) |
| Filing 6 Certified copy of State Court documents received from Cuyahoga County Court of Common Pleas. (L,MI) |
| Filing 5 Notice of No Open Motions filed by American Specialty Insurance Group, Inc.. (Attachments: #1 Exhibit State Court Docket, Case No. 892122). (Related document(s) #4 ) (Winter, Jason) |
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Filing 4
Order This matter was removed to this Court on November 14, 2019. For the convenience of the Court, and by no later than November 28, 2019, the parties are directed to refile herein any motions that were previously filed in state court and which remained pending at the time of removal. Judge Pamela A. Barker on 11/14/2019. (L,Ja)
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| Filing 3 Magistrate Consent Form issued. (Y,A) |
| Filing 2 Corporate Disclosure Statement filed by American Specialty Insurance Group, Inc.. (Winter, Jason) |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV-19-920073. Filing fee paid $400, receipt number 0647-9627942. Filed by American Specialty Insurance Group, Inc. (Attachments: #1 Exhibit A - Journal Entry Granting American Specialty Insurance Group, Inc.'s Motion to Sever, #2 Exhibit B - Journal Entry Removing Case from Consolidated Case, #3 Pleadings from State Court Case, #4 Civil Cover Sheet) (Winter, Jason) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (Y,A) |
| Judge Pamela A. Barker assigned to case, (Y,A) |
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