Union Insurance Company v. Auto Owners Insurance Company et al
| Union Insurance Company |
| Auto Owners Insurance Company, Mesa Underwriters Specialty Insurance Company and Auto-Owners Mutual Insurance Company |
| 1:2021cv01706 |
| September 1, 2021 |
| US District Court for the Northern District of Ohio |
| Bridget Meehan Brennan |
| Patricia A Gaughan |
| Insurance |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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Order [non-document]: The Court is in receipt of the parties' joint stipulation of dismissal with prejudice. (Doc. No. #44 .) This case is dismissed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), with prejudice. The Court will retain jurisdiction over this matter to enforce the terms of any settlement. Judge Bridget Meehan Brennan on 1/12/2023. (H,AR)
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Filing 44
Notice of Dismissal Under FRCP 41(a)(1) filed by Union Insurance Company. (McLaughlin, John)
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Filing 43
Order of Case Dismissal: On November 15, 2022, Plaintiff's counsel, John McLaughlin, informed the Court that the parties have reached a settlement in this matter. In light of this representation that the matter has settled, the docket shall be marked "dismissed without prejudice." On or before January 19, 2023, the parties shall submit a proposed and executed Stipulation and Order of Dismissal with Prejudice, which, if approved, shall supersede this Order. Judge Bridget Meehan Brennan on 12/20/2022. (H,AR)
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Filing 42
Amended Notice to take Deposition of William G. Chris, expert witness on October 31, 2022 filed by Union Insurance Company. Related document(s) #38 .(McLaughlin, John)
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Filing 41
Attorney Appearance of Additional Counsel by Taylor K. Dennen filed by on behalf of Auto-Owners Mutual Insurance Company. (Dennen, Taylor)
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Filing 40
Notice to take Deposition of Michael C. Cohan, Expert Witness on October 27, 2022 filed by Union Insurance Company. (McLaughlin, John)
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Filing 39
Notice to take Deposition of Heidi W. Dorn, Expert Witness on October 28, 2022 filed by Union Insurance Company. (McLaughlin, John)
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Filing 38
Notice to take Deposition of William G. Chris, Expert Witness on October 24, 2022 filed by Union Insurance Company. (McLaughlin, John)
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Minutes of proceedings [non-document]: A telephonic status conference was held to discuss the parties' joint motion to vacate/amend case management order. (ECF #37 ). For Plaintiff: John McLaughin. For Auto-Owners Insurance Co.: Brian Winchester. For Mesa Underwriters: Drew Campbell. The discovery cutoff of 7/1/2022 was set during the Court's 11/14/2021 case management conference and ordered that same day. (ECF #14 .) On 3/7/2022, this Court held a status conference after which it issued a minute entry unequivocally stating: "Dates set forth in the Case Management Order (ECF #14 ) will remain. Court to set a status conference after ruling on the motions to dismiss, if necessary." (ECF #33 ). On 6/29/2022, the parties filed ECF #37 seeking to vacate the prior order and to stay discovery, a position they stated was consistent with their own agreement. Their basis for seeking to vacate ECF #14 or amend ECF #14 , which at best ignores ECF #33 and at worst grossly misstates the Court's stated position in ECF #33 , is not well-taken. The discovery cutoff was set on 11/14/2021 and reaffirmed on 3/7/2022. The parties have had ample time to conduct discovery. If the parties elect to engage in discovery after the 7/1/2022 discovery deadline, that is their agreement to make. The Court will not entertain discovery disputes after the 7/1/2022 discovery deadline. The Court will not extend any other deadlines on the basis that the parties' post-7/1/2022 discovery conflicts with those deadlines. Again, all of the dates set forth in the Court's initial case management order (ECF #14 ) remain. The parties' motion is DENIED. (Court Reporter: none.) Time: 10 minutes. (V,AR)
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Filing 37
Motion for oral argument , Joint Motion to vacate Case Management Order filed by Plaintiff Union Insurance Company. (Attachments: #1 Proposed Order)(McLaughlin, John)
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IMPORTANT: Notice [non-document] of Status Conference set for 6/30/2022 at 9:00 AM to be held telephonically before Judge Bridget Meehan Brennan. The conference will be initiated by Plaintiff's counsel. After all counsel are on the line, Plaintiff's counsel is to call the Court at (216)-357-7200. (V,AR)
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Filing 36
Reply in Support of Motion to Dismiss Plaintiff's Amended Complaint filed by Mesa Underwriters Specialty Insurance Company. (Campbell, Drew)
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Filing 35
Reply in support of #30 Motion to dismiss Plaintiff's Amended Complaint filed by Auto-Owners Mutual Insurance Company. (Winchester, Brian)
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Filing 34
Opposition to #30 Motion to dismiss Plaintiff's Amended Complaint filed by Union Insurance Company. (McLaughlin, John)
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Filing 33
Minutes of proceedings before Judge Bridget Meehan Brennan. Telephonic Status Conference held on 3/07/2022 with attorney John McLaughlin participating on behalf of the plaintiff. Attorney Brian Winchester appeared on behalf of defendant Auto-Owners Mutual Insurance Company and attorney Drew Campbell on behalf of defendant Mesa Underwriters Specialty Insurance Company. Parties advised the Court of the status of this case, including briefing on the motions to dismiss the amended complaint (ECF#28). Dates set forth in the Case Management Order (ECF#14) will remain. Court to set a status conference after ruling on the motions to dismiss, if necessary. (Court Reporter: None.) Time: 15 minutes. (R,AP)
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Filing 32
Opposition to #29 Motion to dismiss Amended Complaint for failure to state a claim filed by Union Insurance Company (McLaughlin, John)
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Filing 31
Notice of Substitution of Counsel removing attorney Kevin A. Buryanek and adding attorney Jesse M. Schmidt filed by on behalf of Auto-Owners Mutual Insurance Company. (Schmidt, Jesse)
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IMPORTANT: Notice [non-document] of Status Conference set for 3/7/2022 at 09:00 AM to be held telephonically before Judge Bridget Meehan Brennan. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Bridget Meehan Brennan at (216) 357-7200. (S,KM)
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Case reassigned to District Judge Bridget Meehan Brennan pursuant to General Order 2022-04. (S,HR)
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Filing 30
Motion to dismiss Plaintiff's Amended Complaint filed by Defendant Auto Owners Insurance Company. Related document(s) #28 . (Winchester, Brian)
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Filing 29
Motion to dismiss Amended Complaint for failure to state a claim filed by Defendant Mesa Underwriters Specialty Insurance Company. (Related document(s) #28 ). (Attachments: #1 Exhibit 1 - Change-Pro Redline - Union_Mesa Complaint v. Amended Complaint, #2 Exhibit 2 - State Court Docket) (Campbell, Drew) Modified text on 2/7/2022 (M,CE).
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Filing 28
Amended complaint for Declaratory Judgment and Damages against Auto-Owners Insurance Company and Mesa Underwriters Specialty Insurance Company. Filed by Union Insurance Company. (Attachments: #1 Exhibit Exhibits A-C) (McLaughlin, John)
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Filing 27
Order: Currently pending is Plaintiff's Motion for Leave to Amend Complaint (Doc. #17 ). For the following reasons the motion is DENIED as MOOT. Plaintiff may re-file the proposed amended complaint docketed on December 27, 2021 within five days of the entry of this Order. Defendants may then move to dismiss the amended complaint should they so choose. Judge Patricia A. Gaughan on 2/2/22. (LC,S)
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Filing 26
Reply in support of #17 Motion to amend complaint Consolidated Reply in Support of Motion for Leave to Amend filed by All Plaintiffs. (McLaughlin, John)
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Filing 25
Attorney Appearance of Co-Counsel by Christopher P. Gordon filed by on behalf of Mesa Underwriters Specialty Insurance Company. (Gordon, Christopher)
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Order [non-document]: Motion by Lindsey A. Roberts to Withdraw as Co-Counsel for Defendant Mesa Underwriters Specialty Insurance Company is granted. Judge Patricia A. Gaughan on 1/11/22. (LC,S) (Related Doc #24 )
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Filing 24
Motion by Lindsey A. Roberts to withdraw as Co-Counsel, filed by Defendant Mesa Underwriters Specialty Insurance Company. (Attachments: #1 Proposed Order). (Roberts, Lindsey)
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Filing 23
Opposition to #17 Motion to amend complaint filed by Mesa Underwriters Specialty Insurance Company. (Attachments: #1 Exhibit 1 - Change-Pro Redline - Union Complaint and Amended Complaint, #2 Exhibit 2 - Civil Case Docket, #3 Exhibit 3 - A1 Endorsement)(Campbell, Drew)
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Filing 22
Order: Agreed Briefing Schedule Regarding Plaintiff's Motion for Leave to Amend Complaint: 1. Defendant Mesa Underwriters Specialty Insurance Company shall have up until January 10, 2022 to file a Brief in Opposition to Plaintiff's Motion for Leave to Amend Complaint. 2. Plaintiff Union Insurance Company shall have up until January 17, 2022 to file a Consolidated Reply to the Brief in Opposition filed by Defendant Auto-Owners (Mutual) Insurance Company and the Brief in Opposition filed by Defendant Mesa Underwriters Specialty Insurance Company. Status Conference of February 3, 2022 is continued to March 7, 2022 at 9:00 a.m. Judge Patricia A. Gaughan on 1/6/22. (LC,S)(Related Doc #21 )
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Filing 21
Joint Motion Briefing Schedule to Plaintiff's Motion for Leave to Amend Complaint filed by Plaintiff Union Insurance Company. (Attachments: #1 Proposed Order Agreed Briefing Schedule)(McLaughlin, John)
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Filing 20
Opposition to #17 Motion to amend complaint filed by Auto Owners Insurance Company. (Winchester, Brian)
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Filing 19
Notice of Withdrawal of Co-Counsel , Ali I. Haque filed by Mesa Underwriters Specialty Insurance Company. (Haque, Ali)
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Filing 18
Proposed Amended Complaint for Declaratory Judgment and Damages filed by Union Insurance Company. Related document(s) #17 .(McLaughlin, John)
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Filing 17
Motion to amend complaint with memorandum in support filed by Plaintiff Union Insurance Company. (Attachments: #1 Proposed Order Granting Motion for Leave to Amend Complaint)(McLaughlin, John)
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Filing 16
Memorandum of Opinion and Order: The Motion to Dismiss of Defendant Mesa Underwriters Speciality Insurance Company is GRANTED. Judge Patricia A. Gaughan on 11/22/21. (LC,S) re #7
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Filing 15
Notice of Service of Defendant Auto-Owners (Mutual) Insurance Company's First Set of Discovery Requests filed by Auto Owners Insurance Company. (Winchester, Brian)
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Filing 14
Case Management Order: Case Management Conference was held on 11/4/21. Case is assigned to the complex track. Case is not suitable for Mediation/Settlement Conference at this time. Non-expert discovery shall be completed on or before 7/1/22. Expert reports shall be exchanged on or before 8/1/22 for party with burden of proof & 9/16/22 for Rebuttal and Expert Discovery shall be completed on or before 10/18/22. Pleadings shall be amended without leave of Court and new parties shall be joined on or before 12/30/21. Dispositive Motions shall be filed on or before 12/9/22. Telephonic Status Conference is set for 2/3/22 at 9:00 a.m. The Court will initiate the call with attorneys only. However, the parties must be available for immediate contact. Counsel shall confer within three business days of any scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court three business days prior to the conference a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 11/4/21. (LC,S) Time: 30 mins.
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Filing 13
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Union Insurance Company. (McLaughlin, John)
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Filing 12
Reply in support of #7 Motion to dismiss for failure to state a claim filed by Mesa Underwriters Specialty Insurance Company. (Campbell, Drew)
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Filing 11
Case Management Conference Scheduling Order with case management conference set on 11/4/2021 at 08:45 AM to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 10/07/21. (D,Ma)
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Filing 10
Corporate Disclosure Statement filed by Union Insurance Company. (McLaughlin, John)
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Filing 9
FILING ERROR. Blank document. Corporate Disclosure Statement, filed by Union Insurance Company. (McLaughlin, John)
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Filing 8
Opposition to Motion to dismiss for failure to state a claim filed by Union Insurance Company. Related document(s) #7 . (McLaughlin, John)
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Filing 7
Motion to dismiss for failure to state a claim filed by Defendant Mesa Underwriters Specialty Insurance Company. (Campbell, Drew)
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Filing 6
Notice of Filing of Notice of Removal in State Court filed by Mesa Underwriters Specialty Insurance Company. (Attachments: #1 Exhibit A - Notice of Filing of Notice of Removal in State Court)Related document(s) #1 .(Campbell, Drew)
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Filing 5
Corporate Disclosure Statement identifying Corporate Parent Selective Insurance Group, Inc. for Mesa Underwriters Specialty Insurance Company filed by Mesa Underwriters Specialty Insurance Company. (Campbell, Drew)
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Filing 4
Corporate Disclosure Statement filed by Auto Owners Insurance Company. (Winchester, Brian)
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Filing 3
Answer to Complaint with Jury Demand filed by Auto Owners Insurance Company. (Winchester, Brian)
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Filing 2
Magistrate Consent Form issued. (L,MI)
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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 Jonathan D. Greenberg. (L,MI)
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Notice by Clerk that Mesa Underwriters Specialty Insurance Company failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (L,MI)
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Judge Patricia A. Gaughan assigned to case. (L,MI)
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Filing 1
Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV-21-950559 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11014050. Filed by Mesa Underwriters Specialty Insurance Company, Auto Owners Insurance Company. (Attachments: #1 Exhibit A - Complaint and Summons, #2 Civil Cover Sheet). (Campbell, Drew)
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