Mikmar, Inc. et al v. Westfield Insurance Company
| Michaels Inc, Mikmar, Inc. and Michaels Inc doing business as LaMalfa Centre and Vine Beverage and Caterers |
| Westfield Insurance Company |
| 1:2020cv01313 |
| June 17, 2020 |
| US District Court for the Northern District of Ohio |
| James S Gwin |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 17, 2021. A more recent docket listing may be available from PACER.
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| Filing 18 Sur-Reply to #17 Motion for leave to file a Sur-Reply Brief Instanter in further Opposition to Motion to Remand, #5 Motion to remand case filed by Westfield Insurance Company. (Haggerty, John) |
Order [non-document] entered by Judge James S. Gwin on 8/12/2020 granting in part and denying in part Motion for leave to file sur-reply to motion to remand. The Court grants leave to file sur-reply of no more than 7 pages, to be filed by 8/14/2020. (Related Doc #17 )(S,KM)
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| Filing 17 Motion for leave to file a Sur-Reply Brief Instanter in further Opposition to Motion to Remand, filed by Defendant Westfield Insurance Company. Related document(s) #5 . (Attachments: #1 Exhibit A - Proposed Sur-reply in further Opposition to Motion to Remand, #2 Certificate of Service)(Haggerty, John) |
| Filing 16 Answer to Counterclaim of Defendant, Westfield Insurance Company filed by All Plaintiffs. Related document(s) #11 . (Connick, Thomas) |
| Filing 15 Reply in support of #5 Motion to remand case filed by Michaels Inc, Mikmar, Inc. (Connick, Thomas) |
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Order [non-document] entered by Judge James S. Gwin on 7/27/2020 granting Motion to continue (Related Doc #13 ) Case management conference to be held on 9/1/2020 at 10:00 AM to be held by video conference (Cleveland) before Judge James S. Gwin.(S,KM)
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| Filing 14 Proposed Stipulation of parties to Plaintiffs' extension of time filed by Michaels Inc, Mikmar, Inc.. Related document(s) #10 .(Connick, Thomas) |
| Filing 13 Motion to continue Case Management Conference filed by Michaels Inc, Mikmar, Inc.. (Connick, Thomas) |
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Filing 12
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 7/21/2020 setting a case management conference on 8/28/2020 at 10:00 AM, to be held by video conference (Cleveland) before Judge James S. Gwin.IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (Attachments: #1 Appendix 1. Parties' Planning Meeting Report, #2 Appendix 2. Local Rule 30.1)(S,KM)
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| Filing 11 Answer to Complaint with Jury Demand and Counterclaim to Plaintiffs' Class Action Complaint (Related Doc #1 ) filed by Westfield Insurance Company. (Attachments: #1 Exhibit 1 - Certified Insurance Policy issued to MIKMAR, Inc., #2 Exhibit 2 - Certified Insurance Policy issued to Michaels Inc., #3 Exhibit 3 - April 1, 2020 E-mail Correspondence between Insureds and Westfield, #4 Exhibit 4 - April 13, 2020 Coverage Position Letter directed to MIKMAR, Inc., #5 Exhibit 5 - April 11, 2020 Coverage Position Letter directed to Michaels Inc., #6 Certificate of Service)(Haggerty, John) |
| Filing 10 Opposition to #5 Motion to remand case filed by Westfield Insurance Company. (Haggerty, John) |
| Filing 9 Joint Proposed Stipulation for extension of time for to file an answer #1 filed by Westfield Insurance Company. (Haggerty, John) |
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Filing 8
Marginal Entry Order signed by Judge James S. Gwin on 7/8/2020 denying Motion to reassign case (Related Doc #7 )(S,KM)
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Order [non-document] entered by Judge James S. Gwin on 7/8/2020. This Court requires defendants to file an answer to the complaint regardless of whether they have filed or plan to file a motion to dismiss. The filing of a motion to dismiss shall not delay the time in which the party must answer the complaint. In addition, the Court orders any opposition to the motion to remand be filed by July 20, 2020. (S,KM)
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Order [non-document] entered by Judge James S. Gwin on 7/8/2020 granting #6 Motion for extension of time/stay on briefing on motion to dismiss until the motion to remand is decided. (S,KM)
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| Filing 7 Unopposed Motion to reassign case to Judge Pamela A. Barker filed by Defendant Westfield Insurance Company. (Attachments: #1 Brief in Support, #2 Proposed Order, #3 Certificate of Service)(Haggerty, John) |
| Filing 6 Motion for extension of time to reply to Motion to Dismiss filed by Michaels Inc, Mikmar, Inc.. (Connick, Thomas) |
| Filing 5 Motion to remand case filed by Michaels Inc, Mikmar, Inc.. Related document(s) #1 . (Connick, Thomas) |
| Filing 4 Motion to dismiss for failure to state a claim and Motion to strike the class allegations filed by Defendant Westfield Insurance Company. Related document(s) #1 . (Attachments: #1 Brief in Support, #2 Exhibit 1 - March 22, 2020 Ohio Stay at Home Order, #3 Exhibit 2 - Excerpts of Certified Insurance Policy issued to MIKMAR, Inc., #4 Exhibit 3 Excerpts of Certified Insurance Policy issued to Michaels Inc., #5 Exhibit 4 - April 13, 2020 Coverage Position Letter directed to MIKMAR, Inc., #6 Exhibit 5 April 11, 2020 Coverage Position Letter directed to Michaels Inc., #7 Exhibit 6 - Filings in Social Life Magazine, Inc. v. Sentinel Ins. Co., S.D.N.Y. Case No. 1:20-cv-03311-VEC, #8 Exhibit 7 - July 6, 2006 ISO Circular & Forms Filing regarding Virus or Bacteria Exclusion, #9 Exhibit 8 - Compendium of Recent Class Action Complaints filed by Plaintiffs Counsel, #10 Proposed Order, #11 Local Rule 7.1(f) Certification, #12 Certificate of Service)(Haggerty, John) Modified text, added motion part on 6/22/2020 (S,SR). |
| Filing 3 Corporate Disclosure Statement filed by Westfield Insurance Company. (Haggerty, John) |
| Filing 2 Magistrate Consent Form issued. (Y,A) |
| Filing 1 Notice of Removal from Lake County Court of Common Pleas, case number 20CV000646 with jury demand, Filing fee paid $ 400, receipt number AOHNDC-10049247. Filer has indicated that case may be related to pending civil action 1:20-cv-01204-PAB. Filed by Westfield Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Complaint, #3 Exhibit B - State Court docket and filings, #4 Exhibit C - Declaration of Douglas C. Hall, #5 Certificate of Service) (Haggerty, John) |
| Judge James S. Gwin assigned to case, (Y,A) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (Y,A) |
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