Henderson Road Restaurant Systems, Inc., et al. v. Zurich American Insurance Company
| Chagrin Restaurants LLC, Henderson Road Restaurant Systems, Inc., RJ Moreland Hills, LLC, 457 High Street Development, LLC, CAP Restaurant Development, LLC, Northville Development, LLC, NSHP, LLC, HP Cap LLC, Jr Park, LLC, HPD Restaurant Systems, Inc., Henderson Road Restaurant Systems, Inc. doing business as Hyde Park Grille, Coventry Restaurant Systems, Inc. doing business as Hyde Park Chop House, NSHP, LLC doing business as Hyde Park Prime Steakhouse, HPD Restaurant Systems, Inc. doing business as Hyde Park Prime Steakhouse, Jr Park, LLC doing business as Hyde Park Prime Steak House, Chagrin Restaurants LLC doing business as Hyde Park Prime Steak House and HP Cap LLC doing business as Hyde Park Prime Steak House |
| Zurich American Insurance Company |
| 1:2020cv01239 |
| June 5, 2020 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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Filing 34
True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment re #32 Notice of Appeal (USCA# 21-4148). Date issued as mandate 7/5/22; Costs: None (H,SP)
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Acknowledgment from the USCA for Sixth Circuit of receipt of #32 Notice of Appeal (USCA# 21-4148). Date filed in USCA 12/3/21. (H,SP)
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Filing 32
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #30 Opinion and Order and #31 Judgment Entry, filed by 457 High Street Development, LLC, CAP Restaurant Development, LLC, Chagrin Restaurants LLC, HP Cap LLC, HPD Restaurant Systems, Inc., Henderson Road Restaurant Systems, Inc., Jr Park, LLC, NSHP, LLC, Northville Development, LLC, RJ Moreland Hills, LLC. (Filing fee $505, receipt number BOHNDC-11159591). (Attachments: #1 Exhibit A - Opinion and Order, #2 Exhibit B - Judgment Entry) (Koran, Sean)
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Filing 31
Judgment Entry terminating case. Judge Dan Aaron Polster on 11/3/21. (P,R)
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Filing 30
Opinion and Order granting summary judgment if favor of Defendant on Counts I and III. Judge Dan Aaron Polster on 11/2/21. (P,R)
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Filing 29
True Copy of mandate from USCA for the Sixth Circuit: Vacating the District Court's order as to the insurance coverage issue alleged in Counts I and III, and the case is Remanded for further proceedings re #23 (USCA# 21-302). Date issued as mandate 10/21/21; Costs: None (H,SP)
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Filing 28
Reply to Defendant's Response in Opposition to Plaintiffs' Brief Regarding Application of the Sixth Circuit's Decision in Santo's Italian Cafe LLC v. Acuity Insurance Co., No. 21-3068 to the Facts of this Case filed by All Plaintiffs. Related document(s) #27 , #25 , #24 . (Koran, Sean)
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Filing 27
Response to #25 Motion for leave to Respond to Plaintiffs' Brief Regarding Application of the Sixth Circuit's Decision in Santo's Italian Cafe LLC v. Acuity Insurance Co., No. 21-3068, to the Facts of This Case In Opposition to Plaintiff's Brief Regarding Santo's filed by Zurich American Insurance Company. (Attachments: #1 Exhibit Definition of Property)(Mesko, Jennifer)
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Order [non-document] The Court directs Plaintiff's to reply to Defendant's #27 Response #25 Motion for leave to Respond to Plaintiffs' Brief Regarding Application of the Sixth Circuit's Decision in Santo's Italian Cafe LLC v. Acuity Insurance Co. no later than 12:00 p.m. on October 25, 2021. Entered on behalf of Judge Dan Aaron Polster on 10/18/2021. (K,K)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Patrick F. Hofer for Zurich American 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 #26 ) Approved by Judge Dan Aaron Polster on 10/13/2021.(K,K)
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Filing 26
Motion for attorney Patrick F. Hofer to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11076971, filed by Defendant Zurich American Insurance Company. (Attachments: #1 Exhibit A - Declaration of Patrick F. Hofer)(Young, Kevin).
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Filing 25
Motion for leave to Respond to Plaintiffs' Brief Regarding Application of the Sixth Circuit's Decision in Santo's Italian Cafe LLC v. Acuity Insurance Co., No. 21-3068, to the Facts of This Case filed by Defendant Zurich American Insurance Company. Related document(s) #24 . (Young, Kevin)
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Filing 24
Brief Regarding Application of the Sixth Circuit's Decision in Santo's Italian Cafe LLC v. Acuity Insurance Co., No. 21-3068 to the Facts of this Case filed by All Plaintiffs. (Koran, Sean)
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Order [non-document] granting Defendant's Motion for leave to Respond to Plaintiffs' Brief Regarding Application of the Sixth Circuit's Decision in Santo's Italian Cafe LLC v. Acuity Insurance Co., No. 21-3068, to the Facts of This Case (Related Doc #25 ). Defendant's memorandum, not exceeding five pages in length, in response to plaintiff's brief is due no later than 12:00 p.m. on 10/18/2021. Entered on behalf of Judge Dan Aaron Polster on 10/8/2021.(K,K)
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Filing 23
Appeal Order from USCA for the Sixth Circuit: Granting the petition to appeal, the District Court's order is Vacated as to the insurance coverage issue alleged in Counts I and III, and the case is Remanded for further proceedings consistent with this order re #22 (USCA# 21-0302). Circuit Judges: Suhrheinrich, Clay, and Nalbandian. Date issued by USCA 9/29/21 (H,SP)
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Order [non-document] In light of the Sixth Circuit's decision in Santo's Italian Cafe LLC v. Acuity Insurance Co., No. 21-3068, the Court orders the submission of brief memoranda on the application of Santo's to the facts of the instant case. The parties' briefs must be no longer than 5 pages in length and will be due on or before 12:00 p.m. noon on October 8, 2021. Entered on behalf of Judge Dan Aaron Polster on 9/23/2021. (K,K)
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Minutes and Order [non-document] The Court conducted a telephone conference on March 10, 2021. All parties agree they do not want to proceed with the expense of discovery until after they have received guidance from the Sixth Circuit Court of Appeals regarding the claims in this case. Counsel must promptly notify the Court if the Sixth Circuit denies the application for an interlocutory appeal. It is so ordered. Entered on behalf of Judge Dan Aaron Polster on 3/10/2021. (Court Reporter: n/a.) Time: 10 minutes. (K,K) Notice regenerated on 3/10/2021 (K,K).
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Notice [non-document] of Telephone Conference with counsel and clients set for 3/10/2021 at 11:30 AM before Judge Dan Aaron Polster. (K,K)
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Filing 22
Memorandum Opinion and Order For the reasons explained in the Court's order, the Court grants summary judgment in favor of Plaintiffs on the insurance coverage issues alleged in Counts I and III of their complaint and denies summary judgment on Count II. Conversely, the Court denies Zurich's motion for summary judgment on Counts I and III of Plaintiffs' complaint and grants summary judgment on Count II. The Court's order is final and appealable on Counts II and III. The Court's order is not final or appealable on Count I because damages have not yet been determined. However, because the Court's opinion on Count I involves a question of law that will control the outcome of Plaintiffs' breach of contract claim, the Court certifies its order on Count I for interlocutory appeal, pursuant to 28 U.S.C.S. 1292(b). An interlocutory appeal of this dispositive issue will enable the parties to appeal the legal issue before spending additional time and money on the issue of damages. (Related documents #14 , #15 ) Signed by Judge Dan Aaron Polster on 1/19/2021. (K,K)
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Filing 21
Response to #20 Notice of Supplemental Authority filed by All Plaintiffs. (Koberna, Mark) .
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Filing 20
Defendant Zurich American Insurance Company's Notice of Supplemental Authority filed by All Defendants. (Attachments: #1 Exhibit A - Memorandum Of Opinion And Order)Related document(s) #14 .(Mesko, Jennifer)
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Filing 19
Reply in support of #15 Motion for summary judgment filed by All Plaintiffs. (Koberna, Mark)
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Filing 18
Reply in support of #14 Motion for summary judgment filed by Zurich American Insurance Company. (Mesko, Jennifer)
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Filing 17
Opposition to #14 Motion for summary judgment filed by All Plaintiffs. (Attachments: #1 Exhibit C - North State Deli, #2 Exhibit D - Cajun Conti)(Koberna, Mark)
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Filing 16
Opposition to #15 Motion for summary judgment filed by Zurich American Insurance Company. (Mesko, Jennifer)
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Filing 15
Motion for summary judgment filed by 457 High Street Development, LLC, CAP Restaurant Development, LLC, Chagrin Restaurants LLC, HP Cap LLC, HPD Restaurant Systems, Inc., Henderson Road Restaurant Systems, Inc., Jr Park, LLC, NSHP, LLC, Northville Development, LLC, RJ Moreland Hills, LLC. (Attachments: #1 Affidavit Exhibit A - Declaration of Joseph Saccone, #2Exhibit B - Ohio Department of Insurance Public Records)(Koberna, Mark)
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Filing 14
Motion for summary judgment filed by Defendant Zurich American Insurance Company. (Attachments: #1 Exhibit Exhibit 1 - Social Life v. Sentinel - Transcript, #2 Exhibit 2 - Oral Surgeons v. Cincinnati Insurance - Order, #3Exhibit 3 - Gavrilides Mgmt. v. Mich Ins - Transcript and Order, #4Exhibit 4 - Wilson v. Hartford Cas - Order)(Mesko, Jennifer)
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Filing 13
Marginal Order approving #12 Joint Proposed Stipulation of Facts. Signed by Judge Dan Aaron Polster on 10/27/2020. (K,K)
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Filing 12
Joint Proposed Stipulation of Facts filed by Zurich American Insurance Company. (Attachments: #1 Exhibit A - Policy No. CPO-6220911-06, #2 Exhibit B - Ohio Orders, #3 Exhibit C - Indiana Orders, #4 Exhibit D - Michigan Orders, #5 Exhibit E - Pennsylvania Orders, #6 Exhibit F - Florida Orders, #7 Exhibit G - Emails Fedeli Group and Zurich, #8 Exhibit H - Coverage Letter)(Mesko, Jennifer)
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Filing 11
Protective Order regarding confidential documents. (Related document #9 ). Signed by Judge Dan Aaron Polster on 7/15/2020. (K,K)
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Filing 10
Marginal Order approving #8 Stipulated Protocol on Electronically Stored Information. Signed by Judge Dan Aaron Polster on 7/15/2020. (K,K)
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Filing 9
Stipulated Confidentiality and Protective Order with Proposed Order and Agreement to Be Bound By attached filed by All Defendants. (Mesko, Jennifer - s/ by: Kevin M. Young)
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Filing 8
Stipulated Protocol on Electronically Stored Information with Exhibit A - Document Production Format attached filed by All Defendants. (Mesko, Jennifer - S/ by: Kevin M. Young)
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Minutes of proceedings [non-document] Scheduled teleconference held on June 30, 2020. Attending for Plaintiffs were representatives Rick Sonkin and Rick Hauck and Attorneys Mark Koberna and Sean Koran. Attending for Defendant were Representatives John Gross and Allison Landeck and Attorneys Kevin Young and Jennifer Mesko. As a result of discussions, all agreed to the following schedule. October 16, 2020 is the cutoff date for limited discovery on the question whether Defendants business-interruption insurance policies cover the events leading to the shutdown of Plaintiff's restaurants. The deadline for filing cross summary judgment motions is 12 noon on October 30, 2020. The deadline for filing opposition briefs is 12 noon on December 4, 2020. And the deadline for filing replies is 12 noon on December 18, 2020. Nothing further was scheduled. (Court Reporter: n/a.)Time: 15 minutes. (K,K)
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Filing 7
Status Report filed by All Defendants. (Mesko, Jennifer)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Jonathan Gross for Zurich American 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 ). Approved by Judge Dan Aaron Polster on 6/18/2020.(K,K)
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Filing 6
Motion for attorney Jonathan Gross to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10049360, filed by Defendant Zurich American Insurance Company. (Attachments: #1 Exhibit Declaration of Jonathan Gross, #2 Exhibit Certificate of Good Standing)(Mesko, Jennifer)
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Minutes of proceedings [non-document] Teleconference held on June 11, 2020. Attending for Plaintiffs were Attorneys Mark R. Koberna, Sean T. Koran, Rick D. Sonkin and Partner/Member Rick Hauck. Attending for Defendant were Attorneys Kevin M. Young, Jennifer L. Mesko, National Counsel Jonathan Gross and Assistant VP Senior Coverage Counsel Allison Landeck. The purpose of the teleconference was to determine how to proceed expeditiously in this business-interruption insurance coverage matter. As a result of discussions, the parties agreed to exchange information and confer about possible mediation and mediation options. The Court scheduled a followup teleconference with counsel and clients beginning at 12:00 p.m. on Tuesday, June 30, 2020. The call-in instructions used for today's teleconference shall be used for the June 30 teleconference. To that end, the Court directed the parties to file, no later than 12 noon on Monday, June 29, 2020, a Joint Status Report apprising the Court on the status of their discussions. (Court Reporter: n/a.)Time: 15 minutes. (K,K)
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Filing 5
Answer to Complaint with Jury Demand filed by Zurich American Insurance Company. (Young, Kevin)
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Notice [non-document] of Telephone Conference set for 6/11/2020 at 12:00 PM before Judge Dan Aaron Polster. (K,K)
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Filing 4
Attorney Appearance by Kevin M. Young filed by on behalf of All Defendants. Related document(s) #2 , #1 .(Young, Kevin)
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Filing 3
Magistrate Consent Form issued. (Y,A)
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Filing 2
Corporate Disclosure Statement identifying Corporate Parent Zurich Holding Company of America, Inc., Corporate Parent Zurich Insurance Group, Ltd., Corporate Parent Zurich Insurance Company, Ltd. for Zurich American Insurance Company filed by Zurich American Insurance Company. (Mesko, Jennifer)
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Filing 1
Notice of Removal from Cuyahoga County Court of Common Pleas, case number 20 CV 932243 with jury demand, Notice of Removal Filing fee paid $400, receipt number AOHNDC-10023735. Filed by Zurich American Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Civil Case Docket Case No. CV 20 932243) (Mesko, Jennifer)
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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. (Y,A)
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Judge Dan Aaron Polster assigned to case, (Y,A)
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