Fox et al v. American Family Insurance Company
| Thomas Fox and Charlene Fox |
| American Family Insurance Company |
| 1:2020cv01991 |
| September 3, 2020 |
| US District Court for the Northern District of Ohio |
| Christopher A Boyko |
| Insurance |
| 28 U.S.C. § 1330 Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 Address Change Notice by Erik D. Peterson filed by on behalf of Mohamed El-Far, Charlene Fox, Thomas Fox. (Peterson, Erik) |
| Filing 35 Final Order of Judgment. The Released Claims of Representative Plaintiffs Mohamed El-Far, Thomas Fox, and Charlene Fox, individually and on behalf of the Settlement Class, are settled, compromised and dismissed on the merits and with prejudice without fees (including attorneys' fees) or costs to any party except as otherwise provided in this Judgment. Judge Christopher A. Boyko on 1/12/2023. (Attachments: #1 Exhbit 1)(L,Ja) |
| Minutes of proceedings[non-document] before Judge Christopher A. Boyko. Final Settlement Approval Hearing held. All parties appeared through counsel and presented their positions on the fairness of the Settlement. The Court found that the factors for final approval of settlement have been met; that no objections were received; that the Fee Award to Plaintiff's counsel is reasonable and justified; and that the Incentive Award to Plaintiffs Mohamed El-Far, Thomas Fox and Charlene Fox is approved. Therefore, the Motion (#32 ) for Final Approval of Class Action Settlement and Motion for Attorney's Fees (#33 ) is granted; and the action is dismissed with prejudice and on the merits. (Court Reporter: George Staiduhar.)Time: 35 minutes. (L,Ja) |
| Filing 34 Proposed Order and Final Judgment Granting Final Approval to Class Action Settlement filed by All Plaintiffs. Related document(s) #32 . (Attachments: #1 Exhibit Exclusion)(Perotti, Patrick) |
| Filing 33 Motion for attorney fees Service Awards to Class Representatives, Costs, and Expenses to Class Counsel by Patrick J. Perotti filed by Mohamed El-Far, Charlene Fox, Thomas Fox. Related document(s) #32 . (Attachments: #1 Brief in Support Memo in Support)(Perotti, Patrick) |
| Filing 32 Unopposed Motion Final Approval of Class Action Settlement filed by Mohamed El-Far, Charlene Fox, Thomas Fox. (Attachments: #1 Brief in Support Memo in Support, #2 Affidavit Declaration)(Perotti, Patrick) |
| Filing 31 Affidavit/Declaration of Amy Fringer Concerning Class Action Notification and Administrative Services filed by Mohamed El-Far, Charlene Fox, Thomas Fox. (Attachments: #1 Exhibit Class Notice, #2 Exhibit Claim Form, #3 Exhibit Sequence)(Perotti, Patrick) |
Filing 30
Order granting Plaintiffs' Motion Unopposed Motion for Preliminary Approval of Class Settlement, Motion for Certification of Settlement Class, and Motion for a Final Approval Hearing (Related Doc #28 ). Final Approval Hearing set for 1/11/2023 at 02:00 PM. Final Approval Hearing will take place at the Howard M. Metzenbaum US Courthouse, East Chambers - Room 328, 201 Superior Avenue, Cleveland, OH 44114. Judge Christopher A. Boyko on 8/22/2022.(L,Ja) .
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| Filing 29 Declaration of Erik D. Peterson in Support of Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement, Certification of Settlement Class, and Scheduling a Final Approval Hearing filed by All Plaintiffs. Related document(s) #28 . (DeRoche, James) |
| Filing 28 Unopposed Motion for Preliminary Approval of Class Settlement, Motion for Certification of Settlement Class, and Motion for a Final Approval Hearing filed by Plaintiffs Mohamed El-Far, Charlene Fox, Thomas Fox. (Attachments: #1 Exhibit 1 - Stipulation and Settlement Agreement, #2 Memorandum of Law in Support, #3 Exhibit 1 - FILING ERROR, does not have an original signature. Declaration of Erik D. Peterson) (DeRoche, James). Added Motion for class certification, Motion for conference/hearing on 7/27/2022 (H,SP). |
| Filing 27 First Amended complaint With Jury Demand against American Family Insurance Company, and new party defendant American Family Mutual Insurance Company, and adding new party plaintiff(s) Mohamed El-Far. Filed by Thomas Fox, Charlene Fox, Mohamed El-Far. (Attachments: #1 Exhibit A - Fox Property Estimate, #2 Exhibit B - El Far Property Estimate) (DeRoche, James) |
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Order [non-document] Action remains stayed pursuant to the parties Joint Status Report (Doc. #26 ). Judge Christopher A. Boyko on 7/8/2022. (L,Ja)
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| Filing 26 Joint Status Report filed by Charlene Fox, Thomas Fox. (Peterson, Erik) |
| Filing 25 Joint Status Report filed by All Defendants. (Johnson, Mark) |
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Order [non-document] Per Judge Ruiz's Minutes of Proceeding (Doc. #24 ), the stay on this matter is continued until 6/6/2022. By that date, the parties shall file either a Stipulation of Dismissal or a Joint Status Report. Judge Christopher A. Boyko on 4/12/2022. (L,Ja)
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| Filing 24 Minutes of proceedings before Judge David A. Ruiz. Mediation Conference held on 4/6/2022. Parties reached a settlement in principle but require additional time to finalize material terms in writing. Counsel jointly requested the Stay remain in place for an additional 60 days, during which time they will continue to work toward finalizing settlement-related documents and provide a joint status report to the court. Referral Terminated. (Court Reporter: n/a) Time: 2 hours, 20 minutes. (G,CA) |
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Order [non-document] In light of the recent Mediation Conference, Joint Status Report now due by April 20, 2022. Judge Christopher A. Boyko on 3/22/2022. (L,Ja)
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Order [non-document] resetting Continued Mediation Conference to be held on 4/6/2022 at 09:00 AM by video conference (Cleveland) before Judge David A. Ruiz. All parties and their lead counsel are ordered to participate. Conferencing instructions to be emailed to counsel. Judge David A. Ruiz on 3/1/2022. (G,CA)
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Filing 23
Order of Referral. Due to Magistrate Judge David A. Ruiz' elevation to District Judge in the Northern District of Ohio, the mediation referral to Judge Ruiz as magistrate judge is terminated. With the concurrence of Judge David A. Ruiz and the approval of Chief Judge Patricia A. Gaughan, this case shall be re-referred to District Judge David A. Ruiz to complete the mediation in this matter. Signed by Chief Judge Patricia A. Gaughan, Judge David A. Ruiz and Judge Christopher A. Boyko on 2/23/22. (S,HR)
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| Random Reassignment of Magistrate Judge pursuant to General Order 2022-03. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (S,HR) |
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Order [non-document]. Due to Judge David A. Ruiz's appointment as a District Judge, the mediation referral is terminated. Judge Ruiz has agreed to complete the mediation process in this matter in his new role as a District Judge. As such, this matter will be re-referred to District Judge David A. Ruiz for mediation once his docket has been established in CM/ECF. Judge Christopher A. Boyko on 2/16/22. (S,HR)
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Order [non-document]. In light of the recent continuation of the Mediation Conference, Joint Status Report now due by March 25, 2022. Judge Christopher A. Boyko on 2/2/22. (S,HR)
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| Filing 22 Address Change Notice by Erik D. Peterson filed by on behalf of Charlene Fox, Thomas Fox. (Peterson, Erik) |
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Order [non-document] resetting Continued Mediation Conference to be held on 3/11/2022 at 09:00 AM by video conference (Cleveland) before Magistrate Judge David A. Ruiz. All parties and their lead counsel are ordered to participate. Conferencing instructions to be emailed to counsel. Magistrate Judge David A. Ruiz on 1/20/2022. Related document #20 . (G,CA)
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Order [non-document]. The Parties shall file a Joint Status Report by 2/4/2022. Judge Christopher A. Boyko on 1/6/22. (S,HR)
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| Filing 21 Joint Status Report filed by All Defendants. (Johnson, Mark) |
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Order [non-document] setting Continued Mediation Conference to be held on 1/21/2022 at 10:00 AM by video conference (Cleveland) before Magistrate Judge David A. Ruiz. All parties and their lead counsel are ordered to participate. Conferencing instructions to be emailed to counsel. Magistrate Judge David A. Ruiz on 12/17/2021. Related document #16 , #20 (G,CA)
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| Filing 20 Minutes of proceedings before Magistrate Judge David A. Ruiz. Mediation Conference held on 12/14/2021. The parties negotiated in good faith, but did not reach a settlement. The parties indicated that they will continue discussions and will propose dates in January, 2022 to continue the mediation before this Court. (Court Reporter: n/a) Time: 4 hours, 45 minutes. (G,CA) |
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Order [non-document]. The Parties shall file a Joint Status Report by 12/28/2021. Judge Christopher A. Boyko on 11/19/21. (S,HR)
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| Filing 19 Joint Status Report filed by American Family Insurance Company. (Johnson, Mark) |
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Filing 18
Order Resetting Mediation/Settlement Conference to be held on 12/14/2021 at 09:30 AM by video conference (Cleveland) before Magistrate Judge David A. Ruiz. All parties and their lead counsel are ordered to participate. Confidential settlement statement due on 12/7/2021. Written itemization of damages and settlement demand due 11/30/2021. Written response and settlement offer due 12/6/2021. Magistrate Judge David A. Ruiz on 10/25/2021. (G,CA)
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Filing 17
Order Setting Mediation/Settlement Conference to be held on 11/9/2021 at 09:30 AM by video conference (Cleveland) before Magistrate Judge David A. Ruiz. All parties and their lead counsel are ordered to participate. Confidential settlement statement due on 11/2/2021. Written itemization of damages and settlement demand due 10/26/2021. Written response and settlement offer due 11/1/2021. Magistrate Judge David A. Ruiz on 9/22/2021. Related document #16 . (G,CA)
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Filing 16
Order referring case to Magistrate Judge David A. Ruiz for mediation, to be completed as soon as his schedule will allow. Judge Christopher A. Boyko on 9/7/21. (S,HR)
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Order [non-document]. Pursuant to the parties' #15 Joint Status Report, the stay in this matter is lifted and this case is returned the Court's active docket. Mediation Referral Order to follow. Judge Christopher A. Boyko on 9/7/21. (S,HR)
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Order [non-document]. Stay shall remain in place. Parties shall submit a Joint Status Report by 11/10/2021. Judge Christopher A. Boyko on 8/13/21. (S,HR)
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| Filing 15 Joint Status Report filed by American Family Insurance Company. (Johnson, Mark) |
| Filing 14 Joint Status Report filed by American Family Insurance Company. (Johnson, Mark) |
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Order [non-document]. Stay shall remain in place. Parties shall submit a Joint Status Report by 8/12/2021. Judge Christopher A. Boyko on 5/17/21. (S,HR)
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Order [non-document] GRANTING the parties' Joint Motion to Stay (Doc. #13 ). The Case Management Conference scheduled for 3/15/2021 is CANCELLED. Furthermore, this action is STAYED and REMOVED from the Court's active docket subject to the parties' request to reopen. The parties shall file a Status Report before 5/17/2021 on the status of mediation and whether the case should continue to be stayed or reopened. Judge Christopher A. Boyko on 2/16/21. (S,HR)
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| Filing 13 Joint Motion to stay Case Management Conference filed by Defendant American Family Insurance Company. Related document(s) #12 . (Attachments: #1 Brief in Support, #2 Exhibit A - Joint Status Report & Order, #3 Proposed Order)(Johnson, Mark) |
| Filing 12 Case Management Conference Scheduling Order with telephonic case management conference to be held on 3/15/2021 at 10:00 AM before Judge Christopher A. Boyko. This Court requires the participation of lead counsel. The Court will host the conference call and inform counsel by way of separate email of the telephone number for the conference call. Parties shall be available by phone, if needed. Judge Christopher A. Boyko on 2/8/21. (Attachments: #1 Exhibit A - Report of Parties Planning Meeting, #2 Exhibit B - Consent)(S,HR) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Erik D. Peterson for Charlene Fox and Thomas Fox. 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 #11 ). Judge Christopher A. Boyko on 1/12/21.(S,HR)
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| Filing 11 Motion for attorney Erik D. Peterson to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10450755, filed by Charlene Fox, Thomas Fox. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Proposed Order)(Whetstone, Stephen) |
| Filing 10 Stipulated Protective Order regarding confidential documents (re #8 ). Judge Christopher A. Boyko on 11/24/2020. (D, I) |
| Filing 9 Affirmative Defenses and Answer to #1 Complaint, with Jury Demand filed by American Family Insurance Company. (Johnson, Mark) |
| Filing 8 Joint Motion for Stipulated Protective Order filed by Defendant American Family Insurance Company. (Attachments: #1 Proposed Stipulated Protective Order)(Johnson, Mark) |
| Filing 7 Corporate Disclosure Statement filed by American Family Insurance Company. (Wiltrout, Andrea) |
| Filing 6 Attorney Appearance of Mark A. Johnson, Michael K. Farrell, Andrea C. Wiltrout and Mathew G. Drocton filed by on behalf of American Family Insurance Company. (Wiltrout, Andrea) |
| Filing 5 Waiver of Service Returned Executed by Thomas Fox, Charlene Fox. American Family Insurance Company waiver sent on 9/9/2020, answer due 11/9/2020 filed on behalf of Thomas Fox; Charlene Fox (Whetstone, Stephen) |
| Filing 4 Attorney Appearance by Patrick J. Perotti filed on behalf of Charlene Fox, Thomas Fox. (Perotti, Patrick) |
| Filing 3 Notice of Appearance of Additional Counsel by James A. DeRoche filed by on behalf of Charlene Fox, Thomas Fox. (DeRoche, James) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon American Family Insurance Company. (Attachments: #1 Magistrate Consent Form) (Y,A) |
| Filing 1 Class Action Complaint with jury demand against American Family Insurance Company. Filing fee paid $ 400, Receipt number AOHNDC-10238997. Filed by Thomas Fox, Charlene Fox. (Attachments: #1 Exhibit A - Estimate, #2 Civil Cover Sheet, #3 Supplement Corporate Disclosure Statement - Charlene Fox, #4 Supplement Corporate Disclosure Statement - Thomas Fox, #5 Summons) (Whetstone, Stephen) |
| Judge Christopher A. Boyko 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 David A. Ruiz. (Y,A) |
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