Watters v. State Farm Fire and Casualty Company
| Marsean Watters |
| State Farm Fire and Casualty Company |
| 1:2020cv01079 |
| May 18, 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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This docket was last retrieved on January 18, 2022. A more recent docket listing may be available from PACER.
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| Filing 31 Settlement and Dismissal Entry. This day came the parties by their counsel and it appearing that this action has been settled, and the settlement monies agreed upon paid to the Plaintiff, this action is dismissed with prejudice to the bringing of a new action against the Defendant. Each party to bear its own costs. The Court retains jurisdiction to enforce the terms of this settlement. Judge Donald C. Nugent on 1/18/2022. re #30 . (M,S) |
| Filing 30 Proposed Order Settlement and Dismissal Entry filed by State Farm Fire and Casualty Company. (Gams, Mark) |
| Filing 29 Attorney Appearance by Lori E. Thomson filed by on behalf of State Farm Fire and Casualty Company. (Thomson, Lori) |
Order [non-document] granting Plaintiff's Motion to Continue Trial (Related Doc #28 ). Jury Trial re-set for 1/24/2022 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. Judge Donald C. Nugent on 11/9/2021. (M,S)
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| Filing 28 Motion to continue Trial filed by Plaintiff Marsean Watters. (Green, Brian) |
| Filing 27 Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 10/28/2021 with counsel for all parties participating. Defendant has made a settlement offer which plaintiff's counsel has sent to plaintiff in federal prison in Pennsylvania. Plaintiff's counsel does not know when he will hear from the plaintiff. Accordingly, plaintiff's counsel would like to continue the trial date set for 11/15/2021. Defendant agrees to a continuance. A trial can be scheduled in late January. Otherwise, defendant prefers the existing 11/15/2021 trial date. The court will take the plaintiff's request for continuance under review. (Court Reporter: None.) Time: 15 minutes. (R,AP) |
| IMPORTANT: Notice [non-document] of Final Pretrial Conference set for 10/28/2021 at 09:30 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. (M,S) |
| Filing 26 Judgment. For the reasons stated in the Memorandum Opinion (Docket #25 ) filed contemporaneously herewith, the Motion for Partial Summary Judgment filed by State Farm (Docket #16 ) is hereby granted. Stated Farm is entitled to summary judgment as to Count II of the Complaint, alleging Lack of Good Faith, and also as to Mr. Watters' claim for punitive damages. Jury Trial remains set for 11/15/2021 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. IT IS SO ORDERED. Judge Donald C. Nugent on 10/1/2021. (M,S) |
| Filing 25 Memorandum Opinion. The Motion for Partial Summary Judgment filed by State Farm (Docket #16 ) is hereby granted. Stated Farm is entitled to summary judgment as to Count II of the Complaint, Lack of Good Faith, and also as to Mr. Watters' claim for punitive damages. Jury Trial remains set for 11/15/2021 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. IT IS SO ORDERED. Judge Donald C. Nugent on 10/1/2021. (M,S) |
| Filing 24 Reply in support of #16 Motion for summary judgment as to Plaintiff's Count II filed by State Farm Fire and Casualty Company. (Attachments: #1 Exhibit Depo pgs 1 and 50)(Gams, Mark) |
| Filing 23 Opposition to #16 Motion for summary judgment as to Plaintiff's Count II filed by Marsean Watters. (Attachments: #1 Exhibit Affidavit of Frank Piaza, #2 Exhibit Cleveland Police Report, #3 Exhibit Letter March 5, 2020)(Green, Brian) |
| Filing 22 Notice of Filing Deposition Transcript of Frank Piazza filed by Marsean Watters. (Attachments: #1 Exhibit Deposition Transcript of Frank Piazza)(Green, Brian) |
| Filing 21 Marginal Entry Order granting Plaintiff's #20 Motion for extension of time until 09/01/2021 to file response/reply to #16 Motion for summary judgment as to Plaintiff's Count II. Judge Donald C. Nugent on 8/10/2021. (M,S) |
| Filing 20 Motion for extension of time until 09/01/2021 to file response/reply to #16 Motion for summary judgment as to Plaintiff's Count II filed by Plaintiff Marsean Watters. Related document(s) #16 . (Green, Brian) |
| Filing 19 Notice to take Deposition of Frank Piazza on August 13, 2021 filed by Marsean Watters. (Green, Brian) |
| Filing 18 Civil Jury Trial Order. Jury Trial set for 11/15/2021 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. Judge Donald C. Nugent on 6/30/2021. (M,S) |
| Filing 17 Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 6/30/2021 with all parties participating. Defendant has filed a Motion for Partial Summary Judgement. Response due by 8/11/2021, Replies due by 8/25/2021. IMPORTANT: Jury Trial set by agreement of the parties for 11/15/2021 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. Trial order to issue. (Court Reporter: None.) Time: 20 minutes. Related document(s) #16 . (M,S) |
| Filing 16 Motion for summary judgment as to Plaintiff's Count II filed by Defendant State Farm Fire and Casualty Company. (Attachments: #1 Affidavit Frank Piazza, #2 Email, #3 Email, #4 Photo, #5 Photo, #6 Photo, #7 Email, #8 Hotline call, #9 Information, #10 Photograph, #11 Letter, #12 Duties, #13 No Coverage, #14 Deposition pages, #15 Certified Policy)(Gams, Mark) |
| Filing 15 Notice to take Deposition of Plaintiff Watters on May 10, 2021 filed by State Farm Fire and Casualty Company. (Gams, Mark) |
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Filing 14
Order. Upon Motion of the Defendant and for good cause shown, this Court hereby orders the Plaintiff, Marsean Walters, to be produced for a deposition by video on May 10, 2021 at 10:00 AM or to be set for a time convenient to all parties and Northeast Ohio Correctional Center. IT IS SO ORDERED. Judge Donald C. Nugent on 4/15/2021. (Related Doc #13 ). (M,S)
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| Filing 13 Motion Produce Plaintiff for Depo filed by Defendant State Farm Fire and Casualty Company. (Attachments: #1 Proposed Order Order for Plaintiff's Depo)(Gams, Mark) |
| Filing 12 Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 3/12/2021 with all counsel participating. Plaintiff pled guilty in February to all 5 counts and will be sentenced in June. Counsel needs to take depositions of Plaintiff and possibly some other family members. Discovery extended. IMPORTANT: Status Conference set for 6/30/2021 at 09:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. (Court Reporter: None.) Time: 15 minutes. (M,S) |
| Filing 11 Marginal Entry Order granting Defendant's Motion to Continue 3/1/2021 Status Conference (Related Doc #10 ). IMPORTANT: Status Conference re-set for 3/12/2021 at 12:00 PM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. Judge Donald C. Nugent on 2/25/2021. (M,S) |
| Filing 10 Motion to continue Status Conf 3-1-21 State Farm Fire & Casualty filed by Defendant State Farm Fire and Casualty Company. (Gams, Mark) |
| Filing 9 Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 12/17/2020 with all counsel participating. Plaintiff remains at CCA and has pending criminal matter before Judge Polster. Change of Plea is set for 1/28/2021. Defendant needs to obtain written discovery from Plaintiff as well as take depositions by video. Discovery extended to 3/1/2021. IMPORTANT: Status Conference set for 3/1/2021 at 08:45 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. (Court Reporter: None.) Time: 20 minutes. (M,S) |
| Filing 8 Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 9/24/2020 with all counsel participating. Plaintiff still in jail awaiting trial and has pretrial in October. Written discovery being exchanged. IMPORTANT: Status Conference re-set for 12/17/2020 at 09:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. (Court Reporter: None.) Time: 15 minutes. (M,S) |
| IMPORTANT: Notice [non-document] Status Conference set for 9/24/2020 at 09:30 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. (M,S) |
| Filing 7 Minutes of proceedings before Judge Donald C. Nugent. Telephonic Case Management Conference held on 6/26/2020. Case is assigned to the standard track. Discovery due by 12/1/2020. Status Conference set for 9/24/2020 at 09:30 AM in Chambers 15A before Judge Donald C. Nugent. Discovery due by 12/1/2020. (Court Reporter: None.) Time: 20 minutes. (M,S) |
| Filing 6 Joint Report of Parties' Planning Meeting 26(f) on 06-18-20 - parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Gams, Mark) |
| Filing 5 Case Management Conference Scheduling Order with case management conference to be held on 6/26/2020 at 10:45 AM at to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. Judge Donald C. Nugent on 6/3/2020. (M,S) |
| Filing 4 Affidavit of Filing Notice filed by State Farm Fire and Casualty Company. (Gams, Mark) |
| Filing 3 Magistrate Consent Form issued. (B,R) |
| Filing 2 Corporate Disclosure Statement filed by State Farm Fire and Casualty Company. (Gams, Mark) |
| Filing 1 Notice of Removal from Cuyahoga County Common Pleas Court, case number 20 CV 931853 . Filing fee $400.00 paid. Receipt number AOHNDC-9983103. Filed by State Farm Fire and Casualty Company. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Answer, #4 Exhibit D - Notice of Appearance, #5 Civil Cover Sheet) (Gams, Mark) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (B,R) |
| Judge Donald C. Nugent assigned to case, (B,R) |
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| Plaintiff: Marsean Watters | |
| Represented By: | Brian J. Green |
| Represented By: | Sean C. Burke |
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| Defendant: State Farm Fire and Casualty Company | |
| Represented By: | Mark H. Gams |
| Represented By: | Lori E. Thomson |
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