Southwest Dining, Inc. et al v. Fire Pros, Inc.

Justia Dockets & Filings Sixth Circuit Ohio Northern District Southwest Dining, Inc. et al v. Fire Pros, Inc.

Southwest Dining, Inc. et al v. Fire Pros, Inc.

Plaintiff:	Southwest Dining, Inc., AXIS Surplus Insurance Company, General Security Indemnity Company of Arizona and Starr Surplus Lines Insurance Company
Defendant:	Fire Pros, Inc.
Counter Defendant:	Chubb Custom Insurance Company
Case Number:	3:2015cv01630
Filed:	August 17, 2015
Court:	US District Court for the Northern District of Ohio
Office:	Toledo Office
County:	Lucas
Presiding Judge:	James R Knepp (MJ)
Nature of Suit:	Torts to Land
Cause of Action:	28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By:	Plaintiff

RSS Track this Docket

Docket Report

This docket was last retrieved on March 22, 2017. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 22, 2017	Filing 154 Stipulation of Dismissal with prejudice. Each party to bear its own costs, expenses and attorneys' fees #153 . Magistrate Judge James R. Knepp, II on 3/22/17. (A,P)
March 20, 2017	Filing 153 Proposed Stipulation for Dismissal with Prejudice and Certificate of Service filed by All Plaintiffs. (Casetta, Paul)
March 3, 2017	Minutes of continued Settlement negotiations [non-document] before Magistrate Judge James R. Knepp, II. Parties consented to jurisdiction of Judge Knepp. Case settled. Dismissal entry to be filed within 30 days. Time: 3 hours.(A,P)
March 2, 2017	Filing 152 Consent of the parties to this case being transferred to the docket of Magistrate Judge James R. Knepp, II for further proceedings. Judge Jack Zouhary on 3/2/2017. (D,L)
March 2, 2017	Filing 151 Proposed Notice of Consent to Exercise of Jurisdiction by a United Magistrate Judge.(D,L) Modified on 3/7/2017 to edit text (D,TM).
March 1, 2017	Filing 150 Exhibit List filed by Fire Pros, Inc.. (Connick, Thomas)
March 1, 2017	Filing 149 Objection to plaintiffs #131 Motion to exclude defense Expert Dr. Robert Schroeder,PhD filed by Fire Pros, Inc.. Related document(s) #131 . (Attachments: #1 Appendix Deposition Excerpts, #2 Appendix Report) (Connick, Thomas) Modified on 3/8/2017 to edit text (D,TM).
March 1, 2017	Filing 148 Objection to testimony of Rodney Behrenwald filed by all Plaintiffs. (Attachments: #1 Exhibit 1 - Highlighted Deposition Transcript of Rodney Behrenwald) Related document(s) #113 (Casetta, Paul) Modified on 3/8/2017 to add link (D,TM).
March 1, 2017	Filing 147 Witness List filed by Fire Pros, Inc.. (Connick, Thomas)
March 1, 2017	Filing 146 Joint Proposed Jury Instructions filed by All Plaintiffs. (Casetta, Paul)
March 1, 2017	Filing 145 Joint Statement of Facts and Certificate of Service filed by All Plaintiffs. (Casetta, Paul)
March 1, 2017	Filing 144 Motion in limine of plaintiffs to preclude any reference at Trial to the opinions of S.E.A. Ltd Representatives and to preclude Defendants from calling S.E.A. Ltd Representatives as witnesses at Trial and filed by AXIS Surplus Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Southwest Dining, Inc., Starr Surplus Lines Insurance Company. (Casetta, Paul) Modified on 3/8/2017 to edit text (D,TM).
March 1, 2017	Filing 143 Witness List for Trial filed by All Plaintiffs. (Casetta, Paul) Modified on 3/7/2017 to edit text (D,TM).
March 1, 2017	Filing 142 Response to #136 Defendant's Motion to strike /Exclude the Expert Testimony of Plaintiffs' Expert Donald J. Hoffman and Certificate of Service filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - NFPA_921_Figure 4.3, #2 Exhibit 2 - NFPA_921_Section 4.4.3.3, #3 Exhibit 3 - NFPA_921_Section 18.1.2, #4 Exhibit 4 - BOCA_Guidelines_Table 1.5.1, #5 Exhibit 5 - Drysdale_Introduction_Page 32, #6 Exhibit 6 - AGA_Fundamentals_Page 13-20, #7 Exhibit 7 - ASHRAE_Fundamentals_Page 23.1-23.19, #8 Exhibit 8 - IntlCodeCouncil_IMC_Page 5.87-5.91, #9 Exhibit 9 - Ballard_Flame_2000, #10 Exhibit 10 - ASHRAE_HVAC_Page 28.1-28.20, #11 Exhibit 11 - Dwyer_Flame_2006, #12 Exhibit 12 - Kao_Flame_1988, #13 Exhibit 13 - AGA_Fundamentals_Page 92-04, #14 Exhibit 14 - Cote_FPH_Page 6.827, #15 Exhibit 15 - DeHaan_Kirks_Page 105, #16 Exhibit 16 - Drysdale_Introduction_Page 35-76, #17 Exhibit 17 - Quintiere_Principles_Page 65-100, #18 Exhibit 18 - Hurley_SFPE_Page 25-137, #19 Exhibit 19 - Quintiere_Fundamentals_Page 1-17, #20 Exhibit 20 - Cote_FPH_Page 2.49-2.58, #21 Exhibit 21 - DeHaan_Kirks_Page 42-69, #22 Exhibit 22 - Gypsum_Fire_Page 8_Page 53, #23 Exhibit 23 - Tsantaridis_Short_1999, #24 Exhibit 24 - Quintiere_Principles_Page 47-64, #25 Exhibit 25 - Hurley_SFPE_Page 745-798, #26 Exhibit 26 - Quintiere_Fundamentals_Page 347-354, #27 Exhibit 27 - Albert_Evaluation_1984, #28 Exhibit 28 - Cote_FPH_Page 6.16-6.74, #29 Exhibit 29 - DeHaan_Kirks_Page 127-140, #30 Exhibit 30 - FireFindings_Part 1_2002, #31 Exhibit 31 - Nagda_Depressurization_2002, #32 Exhibit 32 - Hoffmann Report without appendices)(Casetta, Paul) Modified on 3/8/2017 (M,L).
March 1, 2017	Filing 141 Response to defendant Fire Pros, Inc., #117 Motion to strike Rebuttal Expert Report of Donald Hoffman dated January 26, 2017 filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - 1/8/17 8:58 p.m. Email from Tom Connick, #2 Exhibit 2 - 1/8/17 8:59 p.m. Email from Tom Connick, #3 Exhibit 3 - 1/23/17 Email from Tom Connick, #4 Exhibit 4 - 1/30/17 email from Alan McMaster enclosing Rebuttal Expert Report of Donald Hoffmann, #5 Exhibit 5 - Excerpts from 1/9/17 Deposition Transcript of Richard Pehrson)(Casetta, Paul) Modified on 3/7/2017 to edit text (D,TM).
March 1, 2017	Filing 140 Exhibit List and Certificate of Service filed by All Plaintiffs. (Casetta, Paul)
February 28, 2017	Filing 139 Attorney Appearance by Edward A. Proctor filed by on behalf of Fire Pros, Inc.. (Proctor, Edward)
February 24, 2017	Notice [non-document] of Telephone Conference re: Settlement Conference set for 3/1/2017 at 09:30 AM Magistrate Judge James R. Knepp II. Court will initiate call. (A,P)
February 23, 2017	Filing 138 Notice of Withdrawal of ECF Document Nos. 129, 130, and 133 filed by All Plaintiffs. Related document(s) #133 , #130 , #129 .(Casetta, Paul) Modified on 3/8/2017 to edit (D,TM).
February 22, 2017	Filing 137 Notice of filing Deposition of Stephen Ehrlenbacher taken on February 7, 2017 with Deposition and Exhibits attached filed by Fire Pros, Inc. (Attachments: #1 Transcript, #2 Exhibits to the Deposition of Erlenbacher)(Connick, Thomas) Modified text on 3/7/2017 (M,L).
February 22, 2017	Filing 136 Motion to strike /Exclude the Expert Testimony of Plaintiffs' Expert Donald J. Hoffman filed by Defendant Fire Pros, Inc., Counter-Claimant Fire Pros, Inc.. (Attachments: #1 Appendix Letter, #2 Appendix Fire Finding Articles, #3 Appendix NBSIR, #4 Appendix ASHRAE)(Connick, Thomas)
February 22, 2017	Filing 135 Notice of filing Deposition of Neal Pulvermacher taken on 2/1/2017 with Deposition attached filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Deposition Transcript of Neal Pulvermacher)(Casetta, Paul) Modified text on 3/7/2017 (M,L).
February 22, 2017	Filing 134 Notice of filing Deposition of Nathaniel Lee taken on December 22, 2016 with Deposition and Exhibits attached filed by Fire Pros, Inc. (Attachments: #1 Transcript, #2 Exhibits used during Lee Deposition)(Connick, Thomas) Modified text on 3/7/2017 (M,L).
February 22, 2017	Filing 133 WITHDRAWN ON 2/23/2017 PER DOC. #138 . Motion to strike Proposed Expert Testimony of Richard Pehrson Pursuant to Federal Rules of Evidence 702 and the Daubert Line of Cases and Certificate of Service filed by AXIS Surplus Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Southwest Dining, Inc., Starr Surplus Lines Insurance Company. (Attachments: #1 Exhibit 1 - 3/2/16 Joint Expert Report of Richard Pehrson and Robert Schroeder, #2 Exhibit 2 - 11/22/16 Joint Supplemental Expert Report of Richard Pehrson and Robert Schroeder Opinions #16-22, #3 Exhibit 3 - 1/2/17 Supplemental Expert Report of Richard Pehrson, #4 Exhibit 4 - Deposition Transcript of Richard Pehrson, #5 Exhibit 5 - Exhibit 1 to Service Agreement, #6 Exhibit 6 - Joint Declaration of Richard Pehrson and Robert Schroeder, #7 Exhibit 7 - Controlling Deposition Notice, #8 Exhibit 8 - Emails from Defense Counsel, #9 Exhibit 9 - Isolated pages from Exhibit 8)(Casetta, Paul) Modified on 2/23/2017 (D,L).
February 22, 2017	Filing 132 Notice of filing Deposition of Donald Hoffman PhD taken on December 20, 2016 with Deposition and Exhibits attached filed by Fire Pros, Inc. (Attachments: #1 Transcript, #2 Exhibits to deposition of Donald Hoffman)(Connick, Thomas) Modified text on 3/7/2017 (M,L).
February 22, 2017	Filing 131 Motion to strike the Proposed Expert Testimony of Robert Schroeder Pursuant to Federal Rules of Evidence 702 and the Daubert Line of Cases and Certificate of Service filed by AXIS Surplus Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Southwest Dining, Inc., Starr Surplus Lines Insurance Company. (Attachments: #1 Exhibit 1 - 3/2/16 Joint Expert Report of Robert Schroeder and Richard Pehrson, #2 Exhibit 2 - 11/22/16 Joint Supplemental Expert Report Opinions #16-22 of Robert Schroeder and Richard Pehrson, #3 Exhibit 3 - Deposition Transcript of Robert Schroeder, #4 Exhibit 4 - Photographs, #5 Exhibit 5 - Joint Declaration of Robert Schroeder and Richard Pehrson)(Casetta, Paul)
February 22, 2017	Filing 130 WITHDRAWN ON 2/23/2017 PER DOC. #138 . Motion to strike the Proposed Expert Testimony of Meredith L. Reschly Pursuant to Federal Rules of Evidence 702 and the Daubert Line of Cases and Certificate of Service filed by AXIS Surplus Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Southwest Dining, Inc., Starr Surplus Lines Insurance Company. (Attachments: #1 Exhibit 1 - Report of Meredith Reschly, #2 Exhibit 2 - Deposition Transcript of Meredith L. Reschly, #3 Exhibit 3 - Exhibit C to Report of Meredith Reschly, #4 Exhibit 4 - Deposition Transcript of Neal Pulvermacher)(Casetta, Paul) Modified on 2/23/2017 (D,L).
February 22, 2017	Filing 129 WITHDRAWN ON 2/23/2017 PER DOC. #138 . Motion to strike Proposed Expert Testimony of Andrew Moye Pursuant to Federal Rules of Evidence 702 and the Daubert Line of Cases and Certificate of Service filed by AXIS Surplus Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Southwest Dining, Inc., Starr Surplus Lines Insurance Company. (Attachments: #1 Exhibit 1 - Report of Andrew Moye, #2 Exhibit 2 - Deposition Transcript of Andrew Moye, #3 Exhibit 3 - Addendum to Report of Andrew Moye)(Casetta, Paul) Modified on 2/23/2017 (D,L).
February 22, 2017	Filing 128 Notice of filing Deposition of Brad Huber taken on November 14, 2016 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Transcript)(Connick, Thomas) Modified text on 3/7/2017 (M,L).
February 22, 2017	Filing 127 Notice of filing Deposition of Thomas DiSarlo taken on November 11, 2016 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Transcript)(Connick, Thomas) Modified text on 3/7/2017 (M,L).
February 22, 2017	Filing 126 Notice of filing Deposition of Jonas Westrin taken on November 18, 2016 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Transcript)(Connick, Thomas) Modified text on 3/7/2017 (M,L).
February 22, 2017	Filing 125 Notice of filing Deposition of Kevin Keaton taken on February 8, 2017 with Deposition attached filed by Fire Pros, Inc.. (Attachments: #1 Transcript, #2 Exhibits used during Keaton Depo)(Connick, Thomas) Modified text on 3/7/2017 (M,L).
February 22, 2017	Filing 124 Notice of filing Deposition of John C. Ganns taken on November 11, 2016 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Transcript)(Connick, Thomas) Modified text on 3/7/2017 (M,L).
February 22, 2017	Filing 123 Notice of filing Deposition of Vito Russo Jr taken on November 10, 2016 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Transcript)(Connick, Thomas) Modified text on 3/7/2017 (M,L).
February 22, 2017	Filing 122 Notice of filing Deposition of Michael Jezewski taken on November 10, 2016 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 transcript)(Connick, Thomas) Modified on text 3/7/2017 (M,L).
February 21, 2017	Filing 121 Notice of filing Deposition of Andrew Moye taken on 12/6/2016 with Deposition attached filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Deposition Transcript of Andrew Moye)(Casetta, Paul) Modified text on 3/6/2017 (M,L).
February 21, 2017	Filing 120 Notice of filing Deposition of Richard Pehrson taken on 1/9/17 with Deposition attached filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Deposition Transcript of Richard Pehrson)(Casetta, Paul) Modified text on 3/6/2017 (M,L).
February 21, 2017	Filing 119 Notice of filing Deposition of Robert Schroeder taken on 1/9/ 2017 with Deposition attached filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Deposition Transcript of Robert Schroeder)(Casetta, Paul) Modified text on 3/6/2017 (M,L).
February 21, 2017	Filing 118 Notice of filing Deposition of Meredith L. Reschly taken on 12/13/2016 with Deposition attached filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Deposition Transcript of Meredith Reschly)(Casetta, Paul) Modified text on 3/6/2017 (M,L).
February 20, 2017	Filing 117 Motion to strike Rebuttal Expert Report of Donald Hoffman dated January 26, 2017 filed by Defendant Fire Pros, Inc., Counter-Claimant Fire Pros, Inc.. (Connick, Thomas)
February 20, 2017	Filing 116 Notice of Filing Deposition of Christopher Collier taken on 10/12/2016 with Deposition attached. Filed by Fire Pros, Inc. (Attachments: #1 Transcript)(Connick, Thomas) Modified text on 3/1/2017 (M,L).
February 20, 2017	Filing 115 Notice of Filing Deposition of Austin DeMyer taken on October 30, 2015 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Deposition transcript of Austin DeMyer)(Connick, Thomas) Modified text on 2/27/2017 (M,L).
February 20, 2017	Filing 114 Notice of Deposition of Sharon Borek taken on 12/6/2015 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Deposition Transcript of Sharon Borek)(Connick, Thomas) Modified text on 2/27/2017 (M,L).
February 20, 2017	Filing 113 Notice of filing Deposition of Rodney Behrenwald taken on 10/30/2015 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Deposition Transcript of Rodney Behrenwals)(Connick, Thomas) Modified text on 2/27/2017 (M,L).
February 3, 2017	Filing 112 Expert Report pursuant to Rule 26 of Dr. Hoffmann and Certificate of Sergvice filed by All Plaintiffs. Related document(s) #53 . (Attachments: #1 Exhibit A - Dr Hoffmann's Rebuttal Expert Report)(Casetta, Paul)
February 3, 2017	Filing 111 REVISED SCHEDULING ORDER. Court's Scheduling Order #86 is revised as follows: Daubert Motions due 2/22/17; Responses to Daubert Motions due 3/1/17; Daubert Hearing, if necessary, set for 3/14/17 at 10:00 AM in Courtroom 209 before Judge Jack Zouhary. Trial will begin immediately following Daubert Hearing on 3/14/17; Daubert Hearing set for 2/27/17 is vacated. See attached Order for further detail on motions and deadlines. Judge Jack Zouhary on 2/3/17. (S,Na)
February 1, 2017	Filing 110 Order re: Discovery Dispute. This Court ordered that the S-E-A representative deposition be completed by 2/8/2017. This Court also ordered Defendant to produce to opposing counsel the e-mail from Neal Pulvermacher dated 6/28/2016. The Adjuster Log is not relevant to the limited scope of Neal Pulvermacher's deposition. For both relevancy and privilege reasons, the Log need not be produced, but it will be made part of the sealed record in this case (attached under seal for "court eyes" only). Judge Jack Zouhary on 2/1/2017. (D,L) (Additional attachment(s) added on 2/1/2017: #1 Adjuster Log) (D,L).
January 31, 2017	Filing 109 Attorney Appearance by Geoffrey D. Farnham filed by on behalf of AXIS Surplus Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Southwest Dining, Inc., Starr Surplus Lines Insurance Company, Starr Surplus Lines Insurance Company. (Farnham, Geoffrey)
January 31, 2017	Filing 108 ORDER RE: DISCOVERY DISPUTE. Record Phone Status held on 1/27/17. Court Reporter: Tracy McGurk. Court approved deposition of Neal Pulvermacher limited to 1 hour. Defendant shall provide Court with the Pulvermacher file for an in-camera inspection. Court approved deposition of single representative of S-E-A with the most knowledge, limited to 3 hours. If Plaintiffs believe two representatives are necessary to comply with this Order, then counsel shall discuss and attempt to agree on the combined length of two depositions. Plaintiff shall turn over to opposing counsel in advance of the deposition of S-E-A representative(s) the claimed privileged documents in the S-E-A file. See attached Order for details. (30 min) Judge Jack Zouhary on 1/31/17. (S,Na)
January 31, 2017	NOTICE [non-document] of Telephone Conference set for 1/31/17 at 3:00 PM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na)
January 26, 2017	Filing 107 Reply in support of #104 Defendant's Motion for leave to Depose S-E-A Ltd. Representatives filed by Fire Pros, Inc. (Attachments: #1 Appendix Deposition Excerpts)(Connick, Thomas)
January 26, 2017	Filing 106 Response to #104 Defendant's Motion for leave to Depose S-E-A Ltd. Representatives and Certificate of Service filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - 7/6/2016 Joint Declaration of Dr. Robert Schroeder and Dr. Richard Pehrson, #2 Exhibit 2- Excerpts from 12/20/2016 Deposition of Donald J. Hoffmann)(Casetta, Paul)
January 25, 2017	NOTICE [non-document]. Phone Status held on 1/25/17. Further record Phone Status set for 1/27/17 at 2:30 PM before Judge Jack Zouhary. At that time, counsel shall call the same District Court conference line. (S,Na)
January 23, 2017	NOTICE [non-document] of Telephone Conference set for 1/25/17 at 8:30 AM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na)
January 20, 2017	Filing 105 Notice to take Deposition of Videotaped Deposition Duces Tecum of Neal Pulvermacher on Date to be determined filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - 1/13/2017 email from Judge Zouhary's Judicial Assistant)(Casetta, Paul)
January 17, 2017	Filing 104 Motion for leave to Depose S-E-A Ltd. Representatives filed by Defendant Fire Pros, Inc., Counter-Claimant Fire Pros, Inc.. (Attachments: #1 Appendix SEA Hypothesis Testing, #2 Appendix Deposition Transcript of Donald Hoffman, #3 Appendix Email)(Connick, Thomas)
January 6, 2017	Filing 103 ORDER. Record Phone Status held on 1/6/17. (Court Reporter: Angela Nixon). Court heard counsel on a discovery dispute. See attached Order for detail. Deposition of Neal Pulvermacher set for 1/11/17 is postponed until after Court has opportunity to review documents and determine whether deposition should proceed. 1/12/17 Phone Status is vacated. (30 min) Judge Jack Zouhary on 1/6/17. (S,Na)
January 5, 2017	Filing 102 Notice of Filing the Supplemental Report of Dr. Pehrson and Dr. Schroeder filed by Fire Pros, Inc.. (Attachments: #1 Appendix Supplemental Report)(Connick, Thomas)
January 5, 2017	Filing 101 Notice of Filing Documents Relating to the January 6, 2017 Telephonic Hearing at 2:00 P.M. filed by All Plaintiffs. (Attachments: #1 Exhibit A - Email from Tom Connick dated January 4, 2017 10:34 a.m., #2 Exhibit B - Email from Paul Casetta dated January 4, 2017 12:56 p.m., #3 Exhibit C - Email from Tom Connick dated January 4, 2017 2:12 p.m.)(Casetta, Paul) Modified text on 1/9/2017 (M,L).
January 4, 2017	NOTICE [non-document] of record Telephone Conference re discovery dispute set for 1/6/17 at 2:00 PM (EST) before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na)
December 2, 2016	NOTICE [non-document] of Telephone Conference set for 1/12/17 at 9:30 AM (EST) before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na)
November 23, 2016	Filing 100 Initial Disclosures of Experts filed by Fire Pros, Inc.. (Attachments: #1 Exhibit Expert Report of Dr. Schroeder and Dr. Pehrson, #2 Exhibit Supplemental Expert Report of Dr. Schroeder and Dr. Pehrson)(Connick, Thomas)
September 29, 2016	Filing 99 ORDER. Per prior Order #85 , Court has reviewed SEA file. Defendant shall first depose Plaintiff's new experts. If, after those depositions are complete, Defendant has a good faith basis to depose the representatives from SEA, it may renew its request with this Court. Judge Jack Zouhary on 9/29/16. (S,Na)
September 16, 2016	Filing 98 Notice of Disclosure of SEA Privileged Documents and Certificate of Service filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - 9/9/2016 Email from Paul Casetta to Nancy Sniegocki regarding SEA Privileged Documents, #2 Exhibit 2 - 9/15/16 Email from Paul Casetta to Nancy Sniegocki regarding SEA Privileged Documents)(Casetta, Paul)
September 16, 2016	Filing 97 Continuation of Plaintiffs' Amended Disclosure of SEA File - Part 10 and Certificate of Service filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - SEA File Part 10)Related document(s) #88 .(Casetta, Paul)
September 16, 2016	Filing 96 Continuation of Plaintiffs' Amended Disclosure of SEA's File- Part 09 and Certificate of Service filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - SEA File Part 09)Related document(s) #88 .(Casetta, Paul)
September 16, 2016	Filing 95 Continuation of Plaintiffs' Amended Disclosure of SEA's File - Part 08 and Certificate of Service filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - SEA File Part 08)Related document(s) #88 .(Casetta, Paul)
September 16, 2016	Filing 94 Continuation of Plaintiffs' Amended Disclosure of SEA's File - Part 07 and Certificate of Service filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - SEA File Part 07)Related document(s) #88 .(Casetta, Paul)
September 16, 2016	Filing 93 Continuation of Plaintiffs' Amended Disclosure of SEA's File - Part 06 and Certificate of Service filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - SEA File - Part 06)Related document(s) #88 .(Casetta, Paul)
September 16, 2016	Filing 92 Continuation of Plaintiffs' Amended Disclosure of SEA's File Part 05 and Certificate of Service filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - SEA File Part 05)Related document(s) #88 .(Casetta, Paul)
September 16, 2016	Filing 91 Continuation of Plaintiffs' Amended Disclosure of SEA's File - Part 04 and Certificate of Service filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - SEA File Part 04)Related document(s) #88 .(Casetta, Paul)
September 16, 2016	Filing 90 Continuation of Plaintiffs' Amended Disclosure of SEA's File - Part 03 and Certificate of Service filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - SEA File Part 03)Related document(s) #88 .(Casetta, Paul)
September 16, 2016	Filing 89 Continuation of Plaintiffs' Amended Disclosure of SEA's File and Certificate of Service filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - SEA File Part 02)Related document(s) #88 .(Casetta, Paul)
September 16, 2016	Filing 88 Plaintiffs' Amended Disclosure of SEA's File and Certificate of Service filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - SEA's File - Part 01)Related document(s) #87 .(Casetta, Paul)
September 13, 2016	Filing 87 FILING ERROR:Document exceeds size limit. To be refilled. Plaintiff's Disclosure of SEA's File and Certificate of Service filed by All Plaintiffs. (Attachments: #1 Exhibit SEA File)Related document(s) #85 .(Casetta, Paul) Modified on 9/15/2016 (M,L).
September 12, 2016	Filing 86 FINAL SCHEDULING ORDER. Upon review of Proposed Case Schedule (see attached e-mails), Court adopts following schedule: Complete Fact Discovery/Depositions due 11/15/16; Defendant Liability Expert Report due 11/23/16; Complete Expert Depositions due 1/15/17; Daubert Motions due 2/13/17; Responses to Daubert Motions due 2/20/17; Daubert Hearing (if necessary) set for 2/27/17 at 10:00 AM; Trial set for 3/14/17. Expert files to be exchanged 7 days prior to each expert deposition. Judge Jack Zouhary on 9/12/16. (Attachments: #1 E-Mails)(S,Na)
September 12, 2016	Filing 85 ORDER re Plaintiffs' Brief #82 and Defendant's Statements #83 #84 . See attached Order for detail re production of documents and expert depositions. Final Case Schedule filed simultaneously with this Order. Judge Jack Zouhary on 9/12/16. (S,Na)
September 9, 2016	Filing 84 Brief Statement in Support of Request for Leave of Court to Depose Plaintiffs' Experts filed by Fire Pros, Inc.. (Connick, Thomas)
September 9, 2016	Filing 83 Brief Statement in Support of Deposing SEA Representatives and Production of SEA Documents filed by Fire Pros, Inc.. (Connick, Thomas)
September 9, 2016	Filing 82 Brief Regarding the Discoverability of SEA's File and the Propriety of Deposing Any Witness from Sea and Certificate of Service filed by All Plaintiffs. (Casetta, Paul)
September 7, 2016	Filing 81 Order re: Cross-Motions for Summary Judgment. Plaintiffs' Motion #71 is denied; Defendant's Motion #72 is granted. Judge Jack Zouhary on 9/7/2016. (D,L)
September 7, 2016	Filing 80 Order Denying #55 Motion to strike Expert Reports of Donald Hoffman and Nathaniel Lee. Judge Jack Zouhary on 9/7/2016. (D,L)
August 30, 2016	Filing 79 ORDER. Phone Status held on 8/30/16. For good cause shown, 10/11/16 trial date vacated. Counsel shall submit joint proposed schedule for remainder of case by 9/9/16. Schedule should include date for filing requests to depose experts. (Expert depositions require Court's prior approval.) Counsel shall submit simultaneous briefing (2 page limit) by 9/9/16 on whether Defendant is entitled to all SEA documents. Plaintiffs shall submit any withheld documents for Court's in-camera review. (20 min) Judge Jack Zouhary on 8/30/16. (S,Na)
August 25, 2016	NOTICE [non-document] of Telephone Conference set for 8/30/16 at 8:30 AM before Judge Jack Zouhary. At that time, counsel instructed to call the District Court conference line. (S,Na)
August 25, 2016	Minutes of Settlement Conference [non-document] held 8/25/16 before Magistrate Judge James R. Knepp, II. Case not settled. Time: 3 hours. (A,P)
August 5, 2016	Filing 78 Order. Settlement Conference set for 8/25/2016 at 10:30 AM in Chambers 318 before Magistrate Judge James R. Knepp II. Ex parte settlement statements shall be submitted by email to Knepp_chambers@ohnd.uscourts.gov by 8/22/16. Magistrate Judge James R. Knepp, II on 8/5/16. (A,P)
August 4, 2016	Filing 77 ORDER. Phone Status held on 8/3/16. Court denied Defendant's Motion to Strike #55 ; granted Defendant's Motion for Partial Summary Judgment #72 ; and denied Plaintiffs' Motion for Summary Judgment #71 . An Order will follow with a complete ruling on the Motions. Settlement Conference set for 8/25/16 at 10:30 AM in Chambers 318 before Magistrate Judge James Knepp. Lead counsel and party attendance required. Ex parte statements due 3 days before the conference. Counsel shall report to Judge Zouhary's Chambers immediately following the Conference to inform Court if case has settled, or to discuss the remaining case schedule. (15 min) (S,Na)
August 2, 2016	NOTICE [non-document] of Telephone Conference set for 8/3/16 at 11:00 AM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na)
July 18, 2016	Filing 76 ORDER. Phone Status held on 7/18/16. For good cause shown, 9/13/16 Jury Trial vacated and reset for 10/11/16 at 9:00 AM in Courtroom 209 before Judge Jack Zouhary. See Trial Order #59 for trial protocol and deadlines. Counsel shall also contact Chambers if they feel settlement discussions with this Court would be beneficial. (15 min) Judge Jack Zouhary on 7/18/16. (S,Na)
July 18, 2016	Filing 75 Opposition to #72 Motion for partial summary judgment and Certificate of Service filed by All Plaintiffs. (Casetta, Paul)
July 18, 2016	Filing 74 Opposition to #71 Motion for summary judgment on Defendant's Counterclaim for Declaratory Judgment and Defendant's Twenty-First Affirmative Defense filed by Fire Pros, Inc.. (Connick, Thomas)
July 8, 2016	Filing 73 Supplemental Brief in Support of Motion to Strike Expert Reports of Donald Hoffman and Nathanal Lee filed by Fire Pros, Inc.. Related document(s) #55 . (Attachments: #1 Appendix Joint Declaration of Schroeder and Pehrson, #2 Appendix Chili's Base Case, #3 Brief in Support Declaration of Neil Pulvamacher) (Connick, Thomas)
July 8, 2016	Filing 72 Motion for partial summary judgment filed by Defendant Fire Pros, Inc. (Attachments: #1 Exhibit 1 excerpt from Earhart Transcript, #2 Exhibit 2 Declaration of Robert Proos, #3 Exhibit 3 Service Agreement, #4 Exhibit 4 excerpt from Proos Transcript , #5 Exhibit 5 Invoice, #6 Exhibit 6 excerpt from Berenwald Transcript Pages, #7 Exhibit 7 excerpt from DeMyer Transcript, #8 Exhibit 3 excerpt from McCluskey Transcript, #9 Exhibit 9 excerpt from Borek Transcript, #10 Exhibit 10 excerpt from Richards Transcript, #11 Exhibit 11 Joint Declaration of Dr. Robert Schroeder, DEng. and Dr. Richard Pehrson, PhD)(Connick, Thomas) Modified text on 7/11/2016 (M,L).
July 8, 2016	Filing 71 Motion for summary judgment on Defendant's Counterclaim for Declaratory Judgment and Defendant's Twenty-First Affirmative Defense filed by AXIS Surplus Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Southwest Dining, Inc., Starr Surplus Lines Insurance Company. (Attachments: #1 Exhibit 1 - Service Agreement, #2 Exhibit 2 - Excerpts from Robert Proos Deposition Transcript, #3 Exhibit 3 - Addendums to Service Agreement, #4 Exhibit 4 - Affidavit of John C. Firth, #5 Exhibit 5 - Excerpts from Rodney Behrenwald Deposition Transcript, #6 Exhibit 6 - SPG, Inc., et al. v First Street Development)(Casetta, Paul) Modified on 7/11/2016 (M,L).
July 8, 2016	Filing 70 Opposition (Supplemental) to #55 Defendant's Motion to strike Expert Reports of Donald Hoffman and Nathaniel Lee , Response filed by All Plaintiffs. (Casetta, Paul) Modified text on 7/11/2016 (M,L).
July 8, 2016	Filing 69 Notice of Filing Deposition Transcript of Douglas Richards taken on 12/15/2015 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Deposition Transcript of Douglas Richards)(Connick, Thomas) Modified text on 7/11/2016 (M,L).
July 8, 2016	Filing 68 Notice of Filing Deposition Transcript of Robert Proos taken on 5/9/2016 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Deposition Transcript of Robert Proos)(Connick, Thomas) Modified text on 7/11/2016 (M,L).
July 8, 2016	Filing 67 Notice of Filing Deposition Transcript of Michael McCluskey taken on 12/15/2015 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Deposition Transcript of Michael McCluskey)(Connick, Thomas) Modified text on 7/11/2016 (M,L).
July 8, 2016	Filing 66 Notice of Filing Deposition Transcript of Thomas Longley taken on 12/16/215 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Deposition Transcript of Thomas Longley)(Connick, Thomas) Modified text on 7/11/2016 (M,L).
July 8, 2016	Filing 65 Notice of Filing Deposition Transcript of Christopher Earhart taken on 12/15/2015 with deposition attached filed by Fire Pros, Inc. (Attachments: #1 Deposition Transcript of Christopher Earhart)(Connick, Thomas) Modified text on 7/11/2016 (M,L). Modified on 7/11/2016 (M,L).
July 8, 2016	Filing 64 Notice of Filing Deposition Transcript of Austin DeMyer taken on 10/30/2015 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Deposition Transcript of Austin DeMyer)(Connick, Thomas) Modified text on 7/11/2016 (M,L).
July 8, 2016	Filing 63 Notice of Filing Deposition Transcript of Sharon Borek taken on 12/16/2016 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Deposition Transcript of Sharon Borek)(Connick, Thomas) Modified text on 7/11/2016 (M,L).
July 8, 2016	Filing 62 Notice of Filing Deposition Transcript of Rodney Behrenwald taken on 10/30/2015 with Deposition attached filed by Fire Pros, Inc. (Attachments: #1 Deposition Transcript of Rodney Behrenwald)(Connick, Thomas) Modified text on 7/11/2016 (M,L).
July 1, 2016	Filing 61 ORDER. Phone Status held on 7/1/16. Court briefly reviewed pending Motion to Strike #55 . See attached Order for details. Counsel to submit by 7/18/16 a supplemental filing (4 pages max) citing to differences between the SEA report and the Hoffman/Lee reports. (20 min) Judge Jack Zouhary on 7/1/16. (S,Na)
July 1, 2016	Order [non-document] correcting date in Order #61 for submission of supplemental filing. Due date now July 8, 2016, not July 18, 2016. Judge Jack Zouhary on 7/1/2016. (D,L)
June 29, 2016	NOTICE [non-document] of Telephone Conference set for 7/1/16 at 1:30 PM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na)
June 24, 2016	Filing 60 JERS ORDER re procedures for submission of Exhibits to be used with JERS program. Judge Jack Zouhary on 6/24/16. (S,Na)
June 24, 2016	Filing 59 TRIAL ORDER. Jury Trial set for 9/13/16 at 9:00 AM in Courtroom 209 before Judge Jack Zouhary. If case settles within 3 weeks of trial, $2,500 in court costs will be assessed against the parties absent a showing of good cause. Joint Statement, Voir Dire and Jury Instructions due 2 weeks before trial. Motions in Limine due 2 weeks before trial; opposition due 1 week later; 10-page limit; no replies. See attached Order re deposition testimony. Counsel shall file a complete written transcript of each deposition to be used at trial no later than 2 weeks before trial and shall provide a hard copy, with ECF header, to Chambers. Counsel shall exchange exhibits with each other, and provide Chambers with two complete sets to be used at trial. Counsel shall also provide Chambers with a CD or flash drive containing all properly labeled exhibits which correspond with the respective filed Exhibit Lists. If a party will use realtime or order daily transcripts, the party shall provide court reporter with a third set of exhibits. Do not file exhibits with the Clerk of Courts. Counsel shall file a "List of Exhibits" consistent with the JERS CD no later than two weeks before trial. See JERS Order. See attached Order re marking of exhibits. Counsel shall identify for Court issues likely to arise with respect to admissible testimony 2 weeks before trial. In order to facilitate the creation of an accurate realtime record, counsel shall provide a "Notice to Court Reporter" 1 week before trial. Well in advance of trial, counsel should be trained and familiar with electronic presentation of evidence and use of courtroom equipment. Training the week before trial is not permitted. Judge Jack Zouhary on 6/24/16. (S,Na)
June 14, 2016	Filing 58 Reply in support of #55 Defendant's/Counter-Claimant's Motion to strike Expert Reports of Donald Hoffman and Nathaniel Lee filed by Fire Pros, Inc. (Connick, Thomas)
June 14, 2016	Filing 57 Opposition to #55 Motion to strike Expert Reports of Donald Hoffman and Nathaniel Lee filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - 6-3-16 Email from Tom Connick to Paul Casetta, #2 Exhibit 2 - 6-6-16 Email from Paul Casetta to Tom Connick)(Casetta, Paul)
June 14, 2016	Filing 56 ORDER. Phone Status held on 6/13/16. Plaintiffs will respond to Defendant's Motion to Strike #55 by 6/17/16. Briefing re cross-motions due on 7/8/16 (up to 15 pages) with responses by 7/18/16 (up to 5 pages). Jury Trial set for 9/13/16 at 9:00 AM in Courtroom 209 before Judge Jack Zouhary. (20 min) Judge Jack Zouhary on 6/14/16. (S,Na)
June 10, 2016	Filing 55 Motion to strike Expert Reports of Donald Hoffman and Nathaniel Lee filed by Defendant Fire Pros, Inc., Counter-Claimant Fire Pros, Inc.. (Attachments: #1 Appendix Expert Report of S.E.A, #2 Appendix Email, #3 Appendix Email, #4 Appendix Email, #5 Appendix Email, #6 Appendix Email, #7 Appendix Expert Report of Donald Huffman, #8 Appendix Expert Report of Nathaniel Lee)(Connick, Thomas)
June 8, 2016	NOTICE [non-document]. Phone Status set for 6/13/16 will now be held at 9:00 AM (EDT) (NOT 10:00 AM) before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na)
May 31, 2016	Filing 54 Supplement Exhibit C to #53 Expert Report,, filed by All Plaintiffs. Related document(s) #53 . (Casetta, Paul)
May 27, 2016	Filing 53 Disclosure of Expert Report Testimony pursuant to Rule 26 of Hoffman and Lee - Note: Exhibit C too large for filing - a copy of all exhibits to Counsel (via link) will follow this filing filed by All Plaintiffs. (Attachments: #1 Exhibit A cont.:Expert Report, #2 Exhibit A cont.:Hoffman CV, #3 Exhibit A cont.:Hoffman Testimony History, #4 Exhibit A cont.:Hoffman Fee Structure, #5 Exhibit B cont.:Lee Expert Report, #6 Exhibit B cont.:Lee CV, #7 Exhibit B cont.:Lee Testimony History, #8 Exhibit B cont.:Lee Fee Structure)(Casetta, Paul) Modified text on 5/31/2016 (M,L).
May 12, 2016	Filing 52 Supplemental Initial Disclosures (Fifth) filed by All Plaintiffs. (Attachments: #1 Supplement Springfield Twp Fire Dept Photos)Related document(s) #42 , #43 , #33 , #30 , #40 .(McMaster, Alan) Modified on 5/12/2016: s/ by Paul A. Casetta. (M,L).
April 4, 2016	Filing 51 ORDER. With select changes, Plaintiffs' Motion for Entry of Scheduling Order #50 is granted. See attached Order for deadlines. Phone Status set for 6/13/16 at 10:00 AM before Judge Jack Zouhary. This Court will initiate the call. September trial date to be set later. Judge Jack Zouhary on 4/4/16. (S,Na)
April 4, 2016	Filing 50 Motion for Entry of Scheduling Order filed by AXIS Surplus Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Southwest Dining, Inc., Starr Surplus Lines Insurance Company. Related document(s) #49 . (Attachments: #1 Exhibit 1 - Email re Conference w Judge, #2 Exhibit 2 - Email re Plaintiffs Proposed Scheduling Order, #3 Exhibit 3 - Email response from Defense Counsel, #4 Exhibit 4 - Email re Court's Order to Submit, #5 Exhibit 5 - Email re Defense Proposed Scheduling Order, #6 Exhibit 6 - Email re Compromised Scheduling Order, #7 Exhibit 7 - Email re Protocol change only, #8 Proposed Scheduling Order)(Casetta, Paul)
March 31, 2016	Filing 49 ORDER. Phone Status held on 3/30/16. For good cause, Court's previous Scheduling Order #48 is vacated. By 4/4/16, counsel shall submit a Stipulation and Proposed Revised Scheduling Order that accommodates the September 2016 trial month. (45 min) Judge Jack Zouhary on 3/31/16. (S,Na)
March 23, 2016	NOTICE [non-document] of Telephone Conference re discovery dispute set for 3/30/16 at 10:30 AM before Judge Jack Zouhary. At that time, counsel instructed to call the District Court conference line. (S,Na)
March 11, 2016	Filing 48 ORDER. Phone Status held on 3/9/16. Court discussed three non-party depositions to be completed by end of March 2016. Plaintiffs' final expert report due by 4/15/16. Defendant's final expert report due by 4/29/16. Counsel shall file final reports, including all exhibits, and deliver to Chambers courtesy hard copy. Counsel shall exchange experts' working files by 5/2/16. In-person hearing on experts' reports set for 5/11/16 at 9:00 AM. Experts should be prepared to present testimony to support their conclusions, and to respond to opinions presented by other experts. Mediation reset for 5/12/16 at 9:00 AM. Lead counsel and party attendance required. (30 min) Judge Jack Zouhary on 3/11/16. (S,Na)
March 7, 2016	Filing 47 ORDER. Phone Status held on 3/7/16. Mediation set for 3/9/16 vacated. Phone Status set for 3/9/16 at 10:00 AM before Judge Jack Zouhary to discuss a limited discovery schedule and a date for experts to appear for testimony. Court will initiate the call. (30 min) Judge Jack Zouhary on 3/7/16. (S,Na)
February 19, 2016	Filing 46 Attorney Appearance by Mark Cajetan Cavanaugh filed on behalf of AXIS Surplus Insurance Company, Southwest Dining, Inc. (Cavanaugh, Mark)
February 17, 2016	Minutes of proceedings [non-document] before Judge Jack Zouhary. Phone Status held on 2/17/16 re expert reports. Mediation confirmed for 3/9/16 at 10:00 AM before Judge Jack Zouhary. (30 min) (S,Na) Modified to indicate non-document on 2/19/2016 (M,L).
February 16, 2016	NOTICE [non-document] of Telephone Conference set for 2/17/16 at 3:15 PM before Judge Jack Zouhary. This Court will initiate the call. (S,Na)
February 2, 2016	Filing 45 Notice of Service of Plaintiffs' Requests for Production of Documents to Defendant filed by All Plaintiffs. (Casetta, Paul)
January 7, 2016	NOTICE [non-document]. At the request of counsel, the Mediation set for 3/11/16 is vacated and reset for 3/9/16 at 10:00 AM in Chambers 203 before Judge Jack Zouhary. Lead counsel and party attendance required. Ex parte letters due 3 days before the conference. (S,Na)
December 30, 2015	Filing 44 ORDER. Phone Status held on 12/29/15. Additional time is allowed for additional discovery as well as exchange of expert reports. Mediation currently scheduled for 2/18/16 is reset for 3/11/16 at 10:00 AM in Chambers 203 before Judge Jack Zouhary. Lead counsel and party attendance required. Ex parte letters due 3 days before the conference. If mediation is not successful, additional case dates will be set, including a firm trial date in SEPTEMBER 2016. (20 min) Judge Jack Zouhary on 12/30/15. (S,Na)
December 16, 2015	NOTICE [non-document] of Telephone Conference set for 12/29/15 at 10:00 AM before Judge Jack Zouhary. At that time, counsel instructed to call the District Court conference line. (S,Na)
December 14, 2015	Filing 43 Supplemental Initial Disclosures (Fourth) filed by All Plaintiffs. (Attachments: #1 Supplement SWDI 000274_000453, #2 Supplement SWDI 000454_000474)Related document(s) #33 , #40 , #42 , #30 .(Casetta, Paul)
December 10, 2015	Filing 42 Supplement (Third) to #33 Initial Disclosures, #40 Notice, #30 Initial Disclosures filed by All Plaintiffs. Related document(s) #33 , #40 , #30 . (Attachments: #1 Supplement Damage Documentation, #2 Supplement Boiler Inspection Certificates, #3 Supplement Final McLarens Reports and attachments)(Casetta, Paul)
November 24, 2015	Filing 41 Objection to Defendant's Rule 30(b)(6) Notice of Deposition #34 filed by All Plaintiffs. (Casetta, Paul) Modified to add linkage on 11/25/2015 (M,L).
November 18, 2015	Filing 40 Plaintiffs 2nd Supplemental Disclosure Statement filed by All Plaintiffs. (Attachments: #1 Supplement McLarens 000384000386, #2 Supplement McLarens 000387000414, #3 Supplement Investigation 000033, #4 Supplement Investigation 000035000039)Related document(s) #30 .(Casetta, Paul)
October 21, 2015	Filing 39 ORDER. Phone Status held on 10/15/15. With agreement of counsel, Mediation set for 1/20/16 is vacated and reset for 2/18/16 at 9:30 AM in Chambers 203 before Judge Jack Zouhary. Lead counsel and party attendance required. Ex parte statements due 3 days before the conference. Judge Jack Zouhary on 10/21/15. (S,Na)
October 14, 2015	Filing 38 Subpoena Returned Executed; served upon Austin Demeyer by Personal Service on 10/4/2015 filed on behalf of All Plaintiffs Related document(s) #36 . (Casetta, Paul)
October 14, 2015	Filing 37 Subpoena Returned Executed; served upon Rodney Behrenwald by Personal Service on 10/7/2015 filed on behalf of All Plaintiffs Related document(s) #35 . (Casetta, Paul)
October 14, 2015	Filing 36 FILING ERROR: INCOMPLETE DOCUMENT. To be refiled. Subpoena Returned Executed; served upon Austin Demeyer by Personal Service on 10/4/2015 filed on behalf of All Plaintiffs Related document(s) #34 . (Casetta, Paul) Modified on 10/14/2015 (M,L).
October 14, 2015	Filing 35 FILING ERROR: INCOMPLETE DOCUMENT. To be refiled. Subpoena Returned Executed; served upon Rodney Behrenwald by Personal Service on 10/7/2015 filed on behalf of All Plaintiffs Related document(s) #34 . (Casetta, Paul) Modified on 10/14/2015 (M,L).
October 14, 2015	Filing 34 Notice to take Deposition of Non-Parties, Rodney Behrenwald and Austin Demeyer on October 30, 2015 filed by All Plaintiffs. (Attachments: #1 Subpoena and Proof of Personal Service re Behrenwald, #2 Subpoena and Proof of Personal Service re Demeyer)(Casetta, Paul) Modified on 10/14/2015: Subpoenas to be refiled using correct event. Filer notified. (M,L).
October 14, 2015	NOTICE [non-document] of Telephone Conference set for 10/15/15 at 3:30 PM (EDT) before Judge Jack Zouhary. At that time, counsel are instructed to call the District Court conference line. (S,Na)
October 1, 2015	Filing 33 Supplemental Initial Disclosures filed by All Plaintiffs. Related document(s) #30 .(Casetta, Paul)
September 18, 2015	Filing 32 Initial Disclosures filed by Fire Pros, Inc.. (Connick, Thomas)
September 16, 2015	Filing 31 Answer to Counter-Claim and Affirmative Defenses filed by AXIS Surplus Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Southwest Dining, Inc., Starr Surplus Lines Insurance Company, Starr Surplus Lines Insurance Company. Related document(s) #28 . (Casetta, Paul)
September 16, 2015	Filing 30 Amended Initial Disclosures Rule 26(a)(1) - Caption Corrected filed by All Plaintiffs. (Casetta, Paul)
September 16, 2015	Filing 29 Initial Disclosures (Rule 26(a)(1) filed by All Plaintiffs. (Casetta, Paul) Modified on 9/21/2015: Incorrect court heading. Refiled as document #30 . (M,L).
September 1, 2015	Filing 28 Answer to Complaint and Counterclaim (Related Doc #4 ) filed by Fire Pros, Inc. (Attachments: #1 Declaration of Robert Proos, #2 Invoice)(Connick, Thomas) Modified text and added parties on 9/3/2015 (M,L).
September 1, 2015	Filing 27 Marginal Entry Order granting #25 Motion by Thomas J. Jarzyniecki, Jr. to withdraw as attorney. Judge Jack Zouhary on 9/1/2015.(D,L)
September 1, 2015	Filing 26 Marginal Entry Order granting #24 Motion by Pfenne P. Cantrell to withdraw as attorney for Defendant, Fire Pros, Inc. Judge Jack Zouhary on 9/1/2015.(D,L)
September 1, 2015	Order [non-document] granting Defendant Fire Pros, Inc.'s oral request for extension of answer deadline due to technical difficulties. Answer now due 9/3/2015. Judge Jack Zouhary on 9/1/2015. (D,L)
August 31, 2015	Filing 25 Motion by Thomas J. Jarzyniecki, Jr. to withdraw as attorney filed by Defendant Fire Pros, Inc. (Attachments: #1 Proposed Order)(H,JD)
August 31, 2015	Filing 24 Motion by Pfenne P. Cantrell to withdraw as attorney filed by Defendant Fire Pros, Inc. (Attachments: #1 Proposed Order)(H,JD) Modified on 9/1/2015: Certificate of Service not dated or signed. Filer notified.(M,L).
August 31, 2015	Filing 23 Stipulation & Order approving #22 Joint Proposed Stipulation to Amend Caption to correct name. The caption in this matter is amended to change the name of Plaintiff Axis Insurance Company to Axis Surplus Insurance Company. Judge Jack Zouhary on 8/31/2015. (D,L)
August 31, 2015	Filing 22 Joint Proposed Stipulation to Amend Caption to correct name filed by Axis Insurance Company. (Attachments: #1 Proposed Order)(Casetta, Paul)
August 31, 2015	Filing 21 ORDER. Phone Status held on 8/28/15. By 9/18/15, parties will exchange Rule 26(a)(1) disclosures. By mid-October 2015, Plaintiffs will depose two individuals who performed the repair work on behalf of Defendant. By mid-November 2015, Plaintiffs will serve expert reports; by mid-December 2015, Defendant will serve reply reports. Mediation set for 1/20/16 at 10:00 AM in Chambers 203 before Judge Jack Zouhary. Counsel and party attendance required. Ex parte letters due 3 days before the conference. (30 min) Judge Jack Zouhary on 8/31/15. (S,Na)
August 26, 2015	NOTICE [non-document] of Telephone Conference set for 8/28/15 at 3:00 PM (EDT) before Judge Jack Zouhary. At that time, counsel instructed to call the District Court conference line. (S,Na)
August 24, 2015	Filing 20 Corporate Disclosure Statement identifying Corporate Parent SCOR SE for General Security Indemnity Company of Arizona; Corporate Parent Axis Capital Holdings Ltd. for Axis Insurance Company; Corporate Parent Quality Dining, Inc. for Southwest Dining, Inc.; Corporate Parent The Chubb Corporation for Chubb Custom Insurance Company filed by All Plaintiffs. (Casetta, Paul)
August 19, 2015	Filing 19 Order granting #18 Motion by Geoffrey D. Farnham to withdraw as attorney. Judge Jack Zouhary on 8/19/2015.(D,L)
August 18, 2015	Filing 18 Motion by Geoffrey D. Farnham to withdraw as attorney filed by Axis Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Southwest Dining, Inc., Starr Surplus Lines Insurance Company. (Attachments: #1 Proposed Order for Withdrawal of Farnham Only)(McMaster, Alan)
August 18, 2015	Notice to Attorney Thomas J. Jarzyniecki, Jr.. 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. Related document(s) #4 , #1 . (P,G)
August 18, 2015	Notice to Attorney Pfenne P. Cantrell. 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. Related document(s) #4 , #1 . (P,G)
August 18, 2015	Notice to Attorney Geoffrey D. Farnham. 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. Related document(s) #4 , #1 . (P,G)
August 17, 2015	Filing 17 Attorney Appearance by Alan B. McMaster filed by on behalf of All Plaintiffs. (McMaster, Alan)
August 17, 2015	Filing 16 Marginal Entry Order granting #15 Defendant Fire Pros, Inc.'s Motion for extension of time until 9/01/2015 to file answer. Judge Jack Zouhary on 8/17/2015.(D,L)
August 17, 2015	Filing 15 Motion for extension of time until 09/01/2015 to answer filed by Defendant Fire Pros, Inc.. (Connick, Thomas)
August 17, 2015	Filing 14 Corporate Disclosure Statement filed by Fire Pros, Inc.. (Connick, Thomas)
August 17, 2015	Filing 13 Magistrate Consent Form issued. (L,A)
August 17, 2015	Filing 12 CASE TRANSFERRED IN from District of Indiana Northern. Case number 3:15-cv-00255. Electronic file received.
August 17, 2015	Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp II. (L,A)
August 17, 2015	Judge Jack Zouhary assigned to case. (L,A)
August 17, 2015	Notice by Clerk that Southwest Dining, Inc., Axis Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Starr Surplus Lines Insurance Company, and Fire Pros, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (L,A)
August 14, 2015	Filing 11 ORDER: Pursuant to 28 U.S.C. 1404(a), the Court GRANTS the request in the parties stipulation #10 to transfer this matter to the Northern District of Ohio and DIRECTS the clerk to effectuate it. The Court DENIES the request in the parties stipulation to permit the Defendant twenty-one days from the day of this Order to file an answer or otherwise respond to the Plaintiffs complaint. The parties may refile that request with the Northern District of Ohio. The Court DENIES the remaining requests in the Defendants motion #9 . Signed by Judge Jon E DeGuilio on 8/15/2015. (rmn) [Transferred from innd on 8/17/2015.]
August 3, 2015	Filing 10 STIPULATION re #9 MOTION to Dismiss Pursuant to Rule 12(B)(3) of the Federal Rules of Civil Procedure or Pursuant to 28 U.S.C.S. 1406(a) for Improper Venue or Alternatively, Motion to Transfer to the United States District Court for the Northern District of Ohio, to Transfer Venue to the United States District Court for the Northern District of Ohio by Plaintiffs Axis Insurance Company, Chubb Custom Insurance Company, General Security Indemnity Company of Arizona, Southwest Dining, Inc., Starr Surplus Lines Insurance Company. (Farnham, Geoffrey) [Transferred from innd on 8/17/2015.]
July 20, 2015	Filing 9 MOTION to Dismiss Pursuant to Rule 12(B)(3) of the Federal Rules of Civil Procedure or Pursuant to 28 U.S.C.S. 1406(a) for Improper Venue or Alternatively, Motion to Transfer to the United States District Court for the Northern District of Ohio, to Cure Venue Defects Pursuant to 1406 and 1404 by Defendant Fire Pros, Inc.. (Attachments: #1 Appendix Declaration of Robert Proos, #2 Appendix Declaration of Thomas J. Connick)(Connick, Thomas) [Transferred from innd on 8/17/2015.]
July 20, 2015	Filing 8 NOTICE of Appearance by Thomas J Connick on behalf of Fire Pros, Inc. (Connick, Thomas) [Transferred from innd on 8/17/2015.]
June 26, 2015	Filing 7 NOTICE by Fire Pros, Inc. re #1 Notice of Removal, Filing Removal Notice in the St. Joseph Superior Court (Attachments: #1 Exhibit A)(Cantrell, Pfenne) [Transferred from innd on 8/17/2015.]
June 26, 2015	Filing 6 ORDER granting #5 Motion for Extension of Time to Answer. Answer is due 7/23/15 All Defendants. Approved by Magistrate Judge Christopher A Nuechterlein on 6/26/15. (slm) [Transferred from innd on 8/17/2015.]
June 25, 2015	Filing 5 First MOTION for Extension of Time to File Answer by Defendant Fire Pros, Inc.. (Cantrell, Pfenne) [Transferred from innd on 8/17/2015.]
June 18, 2015	Judge Jon E DeGuilio and Magistrate Judge Christopher A Nuechterlein added. NEW CASE (kjp) [Transferred from innd on 8/17/2015.]
June 18, 2015	Filing 3 NOTICE of Appearance by Thomas J Jarzyniecki, Jr on behalf of Fire Pros, Inc. (Jarzyniecki, Thomas) [Transferred from innd on 8/17/2015.]
June 18, 2015	Filing 2 NOTICE of Appearance by Pfenne P Cantrell on behalf of Fire Pros, Inc. (Cantrell, Pfenne) [Transferred from innd on 8/17/2015.]
June 18, 2015	Filing 1 NOTICE OF REMOVAL (Filing fee paid $ 400 receipt number 0755-2670505.) Cause No. 71D06-1505-CT-000165, filed by Fire Pros, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A (Part 1) Summon, Complaint, Exhibits, #3 Exhibit A (Part 2) Continuance of Exhibits)(Cantrell, Pfenne) [Transferred from innd on 8/17/2015.]
May 7, 2015	Filing 4 STATE COURT COMPLAINT with Jury Demand against Fire Pros, Inc., filed by Starr Surplus Lines Insurance Company, Southwest Dining, Inc., General Security Indemnity Company of Arizona, Chubb Custom Insurance Company, Axis Insurance Company.(kjp) [Transferred from innd on 8/17/2015.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Southwest Dining, Inc. et al v. Fire Pros, Inc.
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Southwest Dining, Inc.
Represented By:	Alan B. McMaster
Represented By:	Geoffrey D. Farnham
Represented By:	Paul A. Casetta
Represented By:	Mark Cajetan Cavanaugh
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: AXIS Surplus Insurance Company
Represented By:	Alan B. McMaster
Represented By:	Mark Cajetan Cavanaugh
Represented By:	Geoffrey D. Farnham
Represented By:	Paul A. Casetta
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: General Security Indemnity Company of Arizona
Represented By:	Alan B. McMaster
Represented By:	Geoffrey D. Farnham
Represented By:	Paul A. Casetta
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Starr Surplus Lines Insurance Company
Represented By:	Paul A. Casetta
Represented By:	Alan B. McMaster
Represented By:	Geoffrey D. Farnham
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Counter defendant: Chubb Custom Insurance Company
Represented By:	Alan B. McMaster
Represented By:	Paul A. Casetta
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Fire Pros, Inc.
Represented By:	Thomas J. Connick
Represented By:	Edward A. Proctor
Represented By:	Thomas J. Jarzyniecki, Jr.
Represented By:	Pfenne P. Cantrell
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?