Tomblin v. Geico Choice Insurance Company
| Lakenda Tomblin |
| Geico Choice Insurance Company |
| 1:2021cv01741 |
| September 7, 2021 |
| US District Court for the Northern District of Ohio |
| J Philip Calabrese |
| Insurance |
| 28 U.S.C. § 1446 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 6, 2021. A more recent docket listing may be available from PACER.
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Filing 33
Reply in support of #16 Motion to dismiss plaintiff's class action and declaratory judgment complaint filed by Geico Choice Insurance Company. (Meuti, Michael)
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Filing 32
Reply to response to #19 Motion to remand to State Court filed by Lakenda Tomblin. (Attachments: #1 Exhibit A - Westlaw Analytics) (Mandel, Roger)
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Filing 31
Reply in support of #21 Motion to Compel Appraisal, and Motion to Stay Case filed by Geico Choice Insurance Company. (Goldfine, Dan)
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Filing 30
Response to Plaintiff's Brief on Consolidation with Desai v. GEICO Casualty Co. filed by Geico Choice Insurance Company. Related document(s) #25 . (Goldfine, Dan)
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Filing 29
Notice of Supplemental Authority filed by Lakenda Tomblin. (Attachments: #1 Exhibit A - Thompson, #2 Exhibit B - McPheeters, #3 Exhibit C - McNichols, #4 Exhibit D - Burton, #5 Exhibit E - Wright). (Related document(s) #21 ) (Mandel, Roger)
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Filing 28
Response to #16 Motion to dismiss plaintiff's class action and declaratory judgment complaint filed by Lakenda Tomblin. (Mandel, Roger)
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Filing 27
Response to #21 Motion to Compel Appraisal, and Motion to Stay Case filed by Lakenda Tomblin. (Related document(s) #26 ) (Mandel, Roger)
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Filing 26
Notice of Filing Exhibits to forthcoming Opposition to Motion to Compel Appraisal filed by Lakenda Tomblin. (Attachments: #1 Exhibit Progressive Auto Policy, #2 Exhibit State Farm Auto Policy, #3 Exhibit Allstate Auto Policy, #4 Exhibit Nationwide Auto Policy) (Mandel, Roger)
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Filing 25
Brief Regarding Consolidation of the Case with Desai for Purposes of Class Certification filed by Lakenda Tomblin. (Related document(s) #22 ). (Attachments: #1 Exhibit A - Defendant's Third Supplemental Disclosure Statement - Desai, #2 Exhibit B - Minute Order Desai) (Mandel, Roger)
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Filing 24
Opposition to #19 Motion to remand to State Court filed by Geico Choice Insurance Company. (Goldfine, Dan)
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Filing 23
Notice of Filing Exhibits to the forthcoming Opposition to Motion to Remand filed by Geico Choice Insurance Company. (Related document(s) #24 ). (Attachments: #1 Exhibit 1 - U.S. Dept of Transportation Chart, #2 Exhibit 2 - 2021 1005 Declaration of David Antonacci, #3 Exhibit 3 - Ohio Dept of Insurance Private Passenger Auto Market Share Reports, #4 Exhibit 4 - Jacobs v. Firstmerit Corp) (Goldfine, Dan)
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IMPORTANT: Notice [non-document]: On September 30, 2021 the Court ordered that the parties to address the propriety of transferring this case to the Southern District of Ohio as related to Davis v. Geico Casualty Company, 2:19-cv-2327. (ECF No. #22 .) On October 5, 2021, the parties jointly advised the Court by email that they agree this case should not be transferred. (Y,A)
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Filing 22
Order: The Court Orders additional briefing as outlined in the Order accompanying this entry. The parties shall supplement their response and reply to Plaintiff's motion to remand according to the normal briefing schedule. The parties shall also submit supplemental briefing regarding consolidation of this case with Desai v. Geico Casualty Insurance Company, No. 1:19-cv-2327. Plaintiff shall submit its supplemental brief no later than October 8, 2021, and Defendant shall respond no later than October 18, 2021, neither brief shall exceed ten pages. Judge J. Philip Calabrese on 9/29/2021. (Y,A)
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Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by phone on September 29, 2021. Drew Legando, Edward Jerse, and Roger Mandel appeared for Plaintiff. Dan Goldfine, Jamie Halavais, and Micheal Meuti appeared for Defendant. The parties discussed the pending motions and the relationship between this case and Desai v. Geico Casualty Insurance Company, No. 19-2327, and threshold issues of jurisdiction, venue, and coordination between the two cases. The court ordered supplemental briefing on these issues, which it addresses in a separate Order. Time: 30 minutes. (Y,A)
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Filing 21
Motion to Compel Appraisal, and Motion to Stay Case Pending Appraisal, with memorandum in support filed by Defendant Geico Choice Insurance Company (Goldfine, Dan). Added Motion to stay on 9/30/2021, and corrected entry (H,SP).
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Filing 20
Notice of Filing of Exhibits filed by Geico Choice Insurance Company. (Attachments: #1 Exhibit 1-2021 09 10 L Halavais to Counsel re Appraisal, #2 Exhibit 2- 2021 09 15 L Mandel to Halavais re Appraisal)(Goldfine, Dan)
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Filing 19
Motion to remand to State Court filed by Plaintiff Lakenda Tomblin. (Related document(s) #1 ). (Attachments: #1 Exhibit A - Declaration of Roger Mandel In Support of Remand) (Mandel, Roger)
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Filing 18
Answer and affirmative defenses to Complaint, filed by Geico Choice Insurance Company. Related Document(s) #1 . (Goldfine, Dan)
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Filing 17
Exhibit A to Motion to Appeal Pro Hac Vice (Declaration of of Roger L. Mandel) filed by Plaintiff Lakenda Tomblin. (Related document(s) #12 ) (Legando, Drew). Modified on 9/20/2021, filer notified of correct event (H,SP).
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Order [non-document]: granting Defendant's Motion for appearance pro hac vice by attorney Brian J. Hembd for Geico Choice 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. (ECF No. #9 ). Judge J. Philip Calabrese on 9/15/2021.(Y,A)
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Order [non-document]: Defendant's motion for an extension until September 21, 2021 to file its answer is unopposed and granted (ECF No. #14 ). Judge J. Philip Calabrese on 9/15/2021.(Y,A)
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Order [non-document]: granting Defendant's Motion for appearance pro hac vice by attorney Jamie L. Halavais for Geico Choice 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. (ECF No. #10 ). Judge J. Philip Calabrese on 9/15/2021.(Y,A)
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Order [non-document]: granting Plaintiff's Motion for appearance pro hac vice by attorney Scott R. Jeeves for Lakenda Tomblin. 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. (ECF No. #13 ). Judge J. Philip Calabrese on 9/15/2021.(Y,A)
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Order [non-document]: granting Defendant's Motion for appearance pro hac vice by attorney Dan W. Goldfine for Geico Choice 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. (ECF No. #11 ). Judge J. Philip Calabrese on 9/15/2021.(Y,A)
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Order [non-document]: granting Plaintiff's Motion for appearance pro hac vice by attorney Roger L. Mandel for Lakenda Tomblin. 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. (ECF No. #12 ). Judge J. Philip Calabrese on 9/15/2021.(Y,A)
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Filing 16
Motion to dismiss plaintiff's class action and declaratory judgment complaint, with supporting memorandum filed by Defendant Geico Choice Insurance Company. (Attachments: #1 Exhibit 1 - Certified Auto Policy). (Meuti, Michael)
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Filing 15
FILING ERROR. Document filed in error, document #16 is corrected version. Motion to dismiss for failure to state a claim and Supporting Memorandum to Dismiss Plaintiff's Class Action and Declaratory Judgment Complaint, filed by Defendant Geico Choice Insurance Company. (Meuti, Michael)
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Filing 14
Unopposed Motion for extension of time until September 21, 2021 to answer Plaintiff's Class Action and Declaratory Judgment Complaint, filed by Defendant Geico Choice Insurance Company. Related document(s) #1 . (Meuti, Michael)
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Filing 13
Motion for attorney Scott R. Jeeves to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11032118, filed by Plaintiff Lakenda Tomblin. (Attachments: #1 Affidavit)(Legando, Drew)
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Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: erroneous filing. Receipt #: BOHNDC-11031441, filed by Geico Choice Insurance Company. (Meuti, Michael)
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Filing 12
Motion for attorney Roger L. Mandel to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11031528, filed by Plaintiff Lakenda Tomblin. (Attachments: #1 Affidavit (document does not contain an original signature))(Legando, Drew) Modified text on 9/14/2021 (M,TL).
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Filing 11
Motion for attorney Dan W. Goldfine to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11031474, filed by Defendant Geico Choice Insurance Company. (Attachments: #1 Affidavit Dan W. Goldfine)(Meuti, Michael)
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Filing 10
Motion for attorney Jamie L. Halavais to Appear Pro Hac Vice. Filing fee $ 120, receipt number BOHNDC-11031441, filed by Defendant Geico Choice Insurance Company. (Attachments: #1 Affidavit Jamie L. Halavais)(Meuti, Michael)
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Filing 9
Motion for attorney Brian J. Hembd to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11031393, filed by Defendant Geico Choice Insurance Company. (Attachments: #1 Affidavit Brian J. Hembd)(Meuti, Michael)
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Filing 8
Order of Reassignment. This case is returned to the Clerk for reassignment to Judge J. Philip Calabrese for all further proceedings as related to Case No. 1:19cv2327. Judge Pamela A. Barker on 9/13/2021. (P,K)
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Filing 7
Motion to reassign case to Judge J. Philip Calabrese filed by Defendant Geico Choice Insurance Company. (Meuti, Michael)
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Judge J. Philip Calabrese assigned to case. (L,Ja)
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FILING ERROR. Order [non-document] referring case to Judge J. Philip Calabrese re #7 Motion to reassign case to Judge J. Philip Calabrese filed by Geico Choice Insurance Company. Judge Pamela A. Barker on 9/13/2021. (P,K)
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IMPORTANT: Notice [non-document]: Telephone Conference set for 9/29/2021 at 4:00 p.m. before Judge J. Philip Calabrese. The Court will provide dial-in information beforehand. (Y,A)
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Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by attorney Edward H. Zebersky for Lakenda Tomblin. 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 ). Judge Pamela A. Barker on 9/10/2021.(P,K)
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Filing 6
Motion for attorney Edward H. Zebersky to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11026536, filed by Plaintiff Lakenda Tomblin. (Attachments: #1 Exhibit A - Affidavit & Certificate of Good Standing)(Legando, Drew)
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Order [non-document] This matter was removed to this Court on September 7, 2021. For the convenience of the Court, and by no later than September 22, 2021, the parties are directed to refile herein any motions that were previously filed in state court and which remained pending at the time of removal. Judge Pamela A. Barker on 9/9/2021. (P,K)
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Filing 5
Notice of Supplementation, filed by Geico Choice Insurance Company. (Related document(s) #1 ). (Attachments: #1 Exhibit 3 - Full Complaint with Service Instructions) (Meuti, Michael)
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Filing 4
Magistrate Consent Form issued. (L,Ja)
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Judge Pamela A. Barker assigned to case. (L,Ja)
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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 William H. Baughman, Jr. (L,Ja)
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Notice to Attorney Scott R. Jeeves. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Notice to Attorney Roger L. Mandel. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Notice to Attorney Edward H. Zebersky. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo)
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Filing 3
Corporate Disclosure Statement identifying Corporate Parent GEICO Corporation for Geico Choice Insurance Company filed by Geico Choice Insurance Company. (Meuti, Michael)
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Filing 2
Civil Cover Sheet filed by Geico Choice Insurance Company. Related document(s) #1 .(Meuti, Michael)
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Filing 1
Notice of Removal from Lake County Court of Common Pleas, case number 21CV000967 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11021858. Filer has indicated that case may be related to pending civil action 1:19-cv-2327. Filed by Geico Choice Insurance Company. (Attachments: #1 Exhibit 1, Declaration of David Antonacci, #2 Exhibit 2, Westlaw Litigation Analytics Median Time to Rule on Motion to Certify Class #3 Exhibit 3, Common Pleas Complaint, #4 Exhibit 4, Notice of Filing Removal) (Meuti, Michael)
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