Allstate Insurance Company v. Cliffs Mining Company
| Allstate Insurance Company and Northbrook Insurance Company |
| Cliffs Mining Company |
| 1:2020cv00606 |
| March 20, 2020 |
| US District Court for the Northern District of Ohio |
| Donald C Nugent |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 30 Memorandum Opinion and Order. The Court declines to exercise jurisdiction over the Declaratory Judgment Action filed by Allstate. The Motion to Dismiss filed by Cliffs (Docket #21 ) is hereby GRANTED. This case is hereby TERMINATED. IT IS SO ORDERED. Judge Donald C. Nugent on 7/31/2020. (M,S) |
| Filing 29 Reply in support of #21 Motion to abstain filed by Cliffs Mining Company. (Chiricosta, Matthew) |
| Filing 28 Marginal Entry Order granting Defendant's #27 Unopposed Motion for extension of time until 06/19/2020 to file response/reply to re #21 Motion to dismiss and to Exchange Rule 26 Initial Disclosures. Judge Donald C. Nugent on 6/5/2020. (M,S) |
| Filing 27 Unopposed Motion for extension of time until 06/19/2020 to file response/reply to #21 Motion to dismiss , Unopposed Motion for extension of to Exchange Rule 26 Initial Disclosures until 06/19/2020 filed by Defendant Cliffs Mining Company. Related document(s) #21 . (Chiricosta, Matthew) |
| Filing 26 Opposition to #21 Motion to dismiss filed by Allstate Insurance Company. (Attachments: #1 Exhibit Declaration of Christopher Johnson, #2 Exhibit A - Corporate Documentation, #3 Exhibit B - Product and Service Directory, #4 Exhibit C - Dun & Bradstreet Report, #5 Exhibit D - Northbrook Policy Declarations Pages, #6 Exhibit E - Exemplar Underwriting Correspondence, #7 Exhibit F - Corporate Insurance Business Card, #8 Exhibit G - Northbrook Policy Abstract, #9 Exhibit H - 9-26-1979 Letter, #10 Exhibit I - 8-26-2002 Letter, #11 Exhibit J - 10-4-2001 Letter, #12 Exhibit K - May 2002 Site Assessment Report, #13 Exhibit L - 2003 Administrative Order, #14 Exhibit M - 10-K Report, #15 Exhibit N - 2017 Administrative Order, #16 Exhibit O - 10-24-2019 Letter, #17 Exhibit P - 11-22-2019 Letter, #18 Exhibit Q - 12-18-2019 Letter, #19 Exhibit R - 1-14-2020 Letter)(Sullivan, Brian) |
| Filing 25 Minutes of proceedings before Judge Donald C. Nugent. Telephonic Case Management Conference held on 5/21/2020. Case is assigned to the standard track. Discovery due by 10/1/2020. Motion to Dismiss pending. Reply due 6/9/2020. IMPORTANT: Status Conference set for 9/9/2020 at 09:00 AM in Chambers 15A before Judge Donald C. Nugent. (Court Reporter: None.) Time: 15 minutes. (M,S) |
| Utility Event set/reset motion deadlines as to Motion to dismiss . Replies due by 6/9/2020. Related document(s) #21 . (M,S) |
| Filing 24 Report of Parties' Planning Meeting the parties do not consent to the jurisdiction of the United States Magistrate Judge - filed by Allstate Insurance Company. (Sullivan, Brian) |
| Filing 23 Marginal Entry Order granting Plaintiff's #22 Motion for extension of time until May 26, 2020 to File Response/Reply re #21 Motion to dismiss . Judge Donald C. Nugent on 5/18/2020. (M,S) |
| Filing 22 Motion for extension of time until May 26, 2020 to file response to #21 Motion to dismiss filed by Plaintiff Allstate Insurance Company. Related document(s) #21 . (Sullivan, Brian) |
| IMPORTANT: Notice [non-document] of Case Management Conference set on 5/21/2020 at 10:15 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties and then contact the Court. (M,S) |
| Filing 21 Motion to dismiss filed by Defendant Cliffs Mining Company. (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Exhibit 1 to Memorandum in Support -- Declaration of Susan G. Schellinger and Exhibits)(Chiricosta, Matthew) |
| Filing 20 Case Management Conference Scheduling Order with case management conference to be held on 5/21/2020 at 10:15 AM at Chambers 15A before Judge Donald C. Nugent. Judge Donald C. Nugent on 4/16/2020. (M,S) |
| Filing 19 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Elizabeth K. Miles for Cliffs Mining Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #16 ). Judge Donald C. Nugent on 4/8/2020. (M,S) |
| Filing 18 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Susan G. Schellinger for Cliffs Mining Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #15 ). Judge Donald C. Nugent on 4/8/2020. (M,S) |
| Filing 17 Attorney Appearance by Daniel A. Waitzman filed by on behalf of Allstate Insurance Company. (Waitzman, Daniel) |
| Filing 16 Motion for attorney Elizabeth K. Miles to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9907746, filed by Defendant Cliffs Mining Company. (Attachments: #1 Exhibit A - Declaration of Elizabeth K. Miles in Support of Pro Hac Vice Motion)(Chiricosta, Matthew) |
| Filing 15 Motion for attorney Susan G. Schellinger to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9907735, filed by Defendant Cliffs Mining Company. (Attachments: #1 Exhibit A - Declaration of Susan G. Schellinger in Support of Pro Hac Vice Motion)(Chiricosta, Matthew) |
| Filing 14 Corporate Disclosure Statement identifying Corporate Parent Cleveland-Cliffs Inc for Cliffs Mining Company filed by Cliffs Mining Company. (Chiricosta, Matthew) |
| Filing 13 Return of Service by certified mail executed upon Cliffs Mining Company on 3/27/2020, filed on behalf of Allstate Insurance Company Related document(s) #1 . (Y,A) |
| Filing 12 Attorney Appearance by Christopher A. Johnson filed by on behalf of Allstate Insurance Company. (Johnson, Christopher) |
| Filing 11 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Robert R. Anderson, III for Allstate Insurance Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #8 ). Judge Donald C. Nugent on 3/30/2020. (M,S) |
| Filing 10 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Christopher A. Johnson for Allstate Insurance Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #7 ). Judge Donald C. Nugent on 3/30/2020. (M,S) |
| Filing 9 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Daniel A. Waitzman for Allstate Insurance Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #6 ). Judge Donald C. Nugent on 3/30/2020. (M,S) |
| Filing 8 Motion for attorney Robert R Anderson III. to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9887235, filed by Plaintiff Allstate Insurance Company. (Attachments: #1 Exhibit A - Affidavit of Robert R Anderson III., #2 Proposed Order)(Sullivan, Brian) |
| Filing 7 Motion for attorney Christopher A. Johnson to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9887167, filed by Plaintiff Allstate Insurance Company. (Attachments: #1 Exhibit A - Affidavit of Christopher A. Johnson, #2 Proposed Order)(Sullivan, Brian) |
| Filing 6 Motion for attorney Daniel A. Waitzman to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9887042, filed by Plaintiff Allstate Insurance Company. (Attachments: #1 Exhibit A - Affidavit of Daniel Waitzman, #2 Proposed Order)(Sullivan, Brian) |
| Service by Clerk. Summons and Complaint addressed to Cliffs Mining Company placed in U.S. Mail. Type of service: certified mail. Receipt # 7008 1830 0004 0694 9881. (H,SP) |
| Filing 5 Original Summons issued to counsel for service upon Cliffs Mining Company. (W,CM) |
| Filing 4 Praecipe for issuance of Original Summons filed by Allstate Insurance Company. (Attachments: #1 Summons, #2 Complaint)(Sullivan, Brian) |
| Filing 3 Magistrate Consent Form issued. Summons were not provided and were not issued. (B,R) |
| Filing 2 Corporate Disclosure Statement identifying Other Affiliate Allstate Insurance Holdings, LLC, Other Affiliate Northbrook Excess and Surplus Insurance Company for Allstate Insurance Company filed by Allstate Insurance Company. (Sullivan, Brian) |
| Filing 1 Complaint against Cliffs Mining Company. Filing fee paid $ 400, Receipt number AOHNDC-9874114.. Filed by Allstate Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - NB Policy No. 63 001 941, #3 Exhibit B - NB Policy No. 63 003 323, #4 Exhibit C - NB Policy No. 63 004 813, #5 Exhibit D - NB Policy No. 63 005 805, #6 Exhibit E - NB Policy No. 63 006 827, #7 Exhibit F - NB Policy No. 63 008 068, #8 Exhibit G - NB Policy No. 63 008 868) (Sullivan, Brian) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (B,R) |
| Judge Donald C. Nugent assigned to case, (B,R) |
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