Moccabee v. USAA
Plaintiff: Layne Moccabee
Defendant: USAA
Case Number: 3:2019cv02952
Filed: December 23, 2019
Court: US District Court for the Northern District of Ohio
Presiding Judge: Jack Zouhary
Nature of Suit: Motor Vehicle
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 4, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 4, 2020 Opinion or Order Filing 7 ORDER. Initial Phone Status held on 2/3/20. Counsel shall complete Rule 26 disclosures and discuss options on how to proceed given the related state-court proceeding as well as the potential legal question that might be raised in a motion to dismiss. Further Phone Status scheduled for 2/24/20 at 3:30 PM (note change in time). Court will initiate the call. (30 min) Judge Jack Zouhary on 2/4/20. (S,Na)
February 3, 2020 LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
January 30, 2020 NOTICE [non-document] of Initial Phone Status set for 2/3/20 at 2:00 PM before Judge Jack Zouhary. This Court will initiate the call. No dispositive motions shall be filed prior to the Initial Phone Status. (S,Na)
January 30, 2020 Opinion or Order Order [non-document] granting #6 Motion for leave to Substitute Counsel for Defendant, Instanter. Kevin W. Kita substituted for David J. Fagnilli. Judge Jack Zouhary on 1/30/2020.(D,L)
January 29, 2020 Filing 6 Motion for leave to Substitute Counsel for Defendant, Instanter filed by Defendant USAA. (Attachments: #1 Pleading Notice of Substitution)(Kita, Kevin)
January 22, 2020 Filing 5 Waiver of Service Returned Executed by USAA. USAA waiver sent on 12/27/2019, answer due 2/25/2020 filed on behalf of USAA (Fagnilli, David)
January 22, 2020 Filing 4 Attorney Appearance by David J. Fagnilli filed by on behalf of USAA. (Fagnilli, David)
January 10, 2020 IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
December 23, 2019 Filing 3 Civil Case Management Procedures Order. Judge Jack Zouhary on 12/23/2019. (M,L)
December 23, 2019 Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a).After Defendant(s) have been served and counsel enter an appearance, this Court will promptly hold an Initial Phone Status Conference. No Motion to Dismiss may be filed in advance of this Conference. The responsive pleading deadline will be automatically tolled until that time. (M,L)
December 23, 2019 Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon USAA. (Attachments: #1 Magistrate Consent Form) (M,L)
December 23, 2019 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. (M,L)
December 23, 2019 Judge Jack Zouhary assigned to case. (M,L)
December 23, 2019 Filing 1 Complaint with jury demand against USAA. Filing fee paid $ 400, Receipt number 0647-9691561. Filed by Layne Moccabee. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Crossmock, Steven) Modified text on 12/23/2019 (M,L).

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Defendant: USAA
Represented By: David J. Fagnilli
Represented By: Kevin W. Kita
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Plaintiff: Layne Moccabee
Represented By: Stevin J. Groth
Represented By: Steven L. Crossmock
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