El-Far v. American Family Mutual Insurance Company et al
| Mohamed El-Far |
| American Family Insurance Company, American Family Mutual Insurance Company and American Family Mutual Insurance Company, S.I. |
| 3:2020cv01049 |
| May 14, 2020 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on July 26, 2022. A more recent docket listing may be available from PACER.
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| Filing 41 Stipulation & Order of Dismissal without prejudice approving #40 Stipulated Notice of Dismissal Under FRCP 41(a)(1) Without Prejudice. Judge Jack Zouhary on 7/26/2022. (D,L) |
| Filing 40 Stipulated Notice of Dismissal Under FRCP 41(a)(1) Without Prejudice filed by All Plaintiffs. (DeRoche, James) |
| Filing 39 Marginal Entry Order granting #38 Joint Status Report. Continuance approved. Judge Jack Zouhary on 7/7/2022. (V,S) |
| Filing 38 Joint Status Report filed by Mohamed El-Far. (Peterson, Erik) |
| IMPORTANT: NOTICE [non-document] of Telephone Conference set for Tuesday June 14, 2022 at 2:00 PM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line provided by email. (V,S) |
| Filing 37 Joint Status Report filed by All Defendants. (Johnson, Mark) |
ORDER [non-document]. Counsel report a tentative settlement has been reached. Stay for 60 days granted to complete settlement. Dismissal due by June 15, 2022. Judge Jack Zouhary on 4/11/2022. (V,S)
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| Filing 36 Minutes of proceedings before Judge David A. Ruiz. Mediation Conference held on 4/6/2022. Parties reached a settlement in principle but require additional time to finalize material terms in writing. Counsel jointly requested the Stay remain in place for an additional 60 days, during which time they will continue to work toward finalizing settlement-related documents and provide a joint status report to the court. Referral Terminated. (Court Reporter: n/a) Time: 2 hours, 20 minutes. (G,CA) |
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ORDER [non-document]. In light of the recent continuation of the Mediation Conference, Counsel shall file a brief Joint Status Report by April 20, 2022. Judge Jack Zouhary on 3/2/2022. (V,S)
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Order [non-document] resetting Continued Mediation Conference to be held on 4/6/2022 at 09:00 AM by video conference (Cleveland) before Judge David A. Ruiz. All parties and their lead counsel are ordered to participate. Conferencing instructions to be emailed to counsel. Judge David A. Ruiz on 3/1/2022. (G,CA)
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Filing 35
Order referring case to Judge David A. Ruiz for mediation/settlement. Due to Magistrate Judge David A. Ruiz' elevation to District Judge in the Northern District of Ohio, the mediation referral to Judge Ruiz as magistrate judge is terminated. Magistrate Judge Darrell A. Clay was randomly reassigned as the Magistrate Judge in this case. With the concurrence of Judge David A. Ruiz and the approval of Chief Judge Patricia A. Gaughan, this case shall be re-referred to District Judge David A. Ruiz to complete the mediation in this matter. Judge Jack Zouhary on 2/23/2022. (D,L)
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| Notice: Due to Judge David A. Ruiz's appointment as District Judge, the mediation referral is this case is terminated pursuant to General Order 2022-03. Judge Ruiz has agreed to complete the mediation process in this matter in his new role as District Judge. Matter to be re-referred to District Judge David A. Ruiz for mediation. Order to follow. (S,HR) |
| Random Reassignment of Magistrate Judge pursuant to General Order 2022-03. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (S,HR) |
| Filing 34 Notice of Firm Name and Address Change by Erik D. Peterson filed by on behalf of Mohamed El-Far. (Peterson, Erik) |
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ORDER [non-document]. In light of the recent continuation of the Mediation Conference, Counsel shall file a further Joint Status Report by March 25, 2022. Judge Jack Zouhary on 1/24/2022. (V,S)
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Order [non-document] resetting Continued Mediation Conference to be held on 3/11/2022 at 09:00 AM by video conference (Cleveland) before Magistrate Judge David A. Ruiz. All parties and their lead counsel are ordered to participate. Conferencing instructions to be emailed to counsel. Magistrate Judge David A. Ruiz on 1/20/2022. Related document #32 (G,CA)
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ORDER [non-document] approving #33 Joint Status Report. Further Joint Status Report due by 2/4/2022. Judge Jack Zouhary on 1/4/2022. (V,S)
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| Filing 33 Joint Status Report filed by All Defendants. (Johnson, Mark) |
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Order [non-document] setting Continued Mediation Conference to be held on 1/21/2022 at 10:00 AM by video conference (Cleveland) before Magistrate Judge David A. Ruiz. All parties and their lead counsel are ordered to participate. Conferencing instructions to be emailed to counsel. Magistrate Judge David A. Ruiz on 12/17/2021. Related document #32 (G,CA)
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| Filing 32 Minutes of proceedings before Magistrate Judge David A. Ruiz. Mediation Conference held on 12/14/2021. The parties negotiated in good faith, but did not reach a settlement. The parties indicated that they will continue discussions and will propose dates in January, 2022 to continue the mediation before this Court. (Court Reporter: n/a) Time: 4 hours, 45 minutes. (G,CA) |
| Filing 31 Joint Status Report filed by American Family Insurance Company. (Johnson, Mark) |
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ORDER [non-document]. This Court reviewed and approves Joint Status Report (Doc. #31 ). Further Joint Status Report due by 12/28/21. Judge Jack Zouhary on 11/10/21. (S,Na)
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Filing 30
Order Resetting Mediation/Settlement Conference to be held on 12/14/2021 at 09:30 AM by video conference (Cleveland) before Magistrate Judge David A. Ruiz. All parties and their lead counsel are ordered to participate. Confidential settlement statement due on 12/7/2021. Written itemization of damages and settlement demand due 11/30/2021. Written response and settlement offer due 12/6/2021. Magistrate Judge David A. Ruiz on 10/25/2021. (G,CA)
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Filing 29
Order Setting Mediation/Settlement Conference to be held on 11/9/2021 at 09:30 AM by video conference (Cleveland) before Magistrate Judge David A. Ruiz. All parties and their lead counsel are ordered to participate. Confidential settlement statement due on 11/2/2021. Written itemization of damages and settlement demand due 10/26/2021. Written response and settlement offer due 11/1/2021. Magistrate Judge David A. Ruiz on 9/22/2021. (G,CA)
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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 David A. Ruiz. (K,AR) |
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Order referring case to Magistrate Judge David A. Ruiz for mediation/settlement granting #28 Joint Motion to Appoint Magistrate Judge Ruiz as Mediator. Judge Jack Zouhary on 9/13/2021. (D,L)
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| Filing 28 Joint Motion filed by American Family Insurance Company, American Family Mutual Insurance Company, S.I.. (Johnson, Mark) |
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Order [non-document] approving #27 Joint Status Report. Further Joint Status Report due by 11/10/2021 -- sooner if the case settles. Judge Jack Zouhary on 9/8/2021. (D,L)
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| Filing 27 Joint Status Report filed by American Family Mutual Insurance Company, S.I.. (Johnson, Mark) |
| Filing 26 CASE MANAGEMENT CONFERENCE ORDER. Case Management Conference (CMC) held on 7/22/21. Case is assigned to the Complex Track with trial in NOVEMBER 2022. Counsel will advise this Court of the results of private settlement discussions. Case does involve electronic discovery. See attached Order for detail. Deadline for amending pleadings/adding parties: 9/13/21. Counsel are reminded to follow the amended Civil Rules re proportional discovery and civility. Counsel will stage depositions pursuant to 2015 Civil Rules amendments. See Civil Case Management Procedures (Doc. #3 at Paragraph 3). Discovery deadlines and Class Certification briefing to be set if mediation is unsuccessful. Expert depositions and dispositive motions require prior Court approval. See attached Order for briefing requirements. Failure to follow will result in Clerk striking the briefing. Counsel shall describe in the case caption whether a motion is "opposed" or "unopposed" -- which means counsel MUST confer with opposing counsel BEFORE filing any motion -- procedural or substantive. Counsel shall file a brief Joint Status Report by 8/30/21. (30 min) Judge Jack Zouhary on 7/27/21. (S,Na) |
| Filing 25 Report of Parties' Planning Meeting - filed by American Family Mutual Insurance Company, S.I.. (Johnson, Mark) |
| Filing 24 CASE MANAGEMENT CONFERENCE NOTICE. This Court reviewed the Joint Status Report (Doc. #23 ) and will hold a Case Management Conference on 7/22/21 at 10:30 AM (EDT) before Judge Jack Zouhary. Counsel may participate by phone, and party attendance is not required. Initial Disclosures shall be exchanged no later than 2 weeks prior to the CMC. Report of Parties' Planning Meeting shall be jointly signed and filed at least 3 days before the CMC. Judge Jack Zouhary on 4/27/21. (S,Na) |
| Filing 23 Joint Status Report filed by American Family Mutual Insurance Company, S.I.. (Johnson, Mark) |
| Filing 22 Joint Status Report filed by American Family Mutual Insurance Company, S.I.. (Johnson, Mark) |
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Order [non-document] approving #22 Joint Status Report. Further Joint Status Report due by 4/23/2021. Judge Jack Zouhary on 1/22/2021. (D,L)
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ORDER [non-document]. This Court reviewed and approves Joint Status Report (Doc. #21 ). Further Joint Status Report due by 1/22/21. Judge Jack Zouhary on 11/24/20. (S,Na)
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| Filing 21 Joint Status Report filed by American Family Mutual Insurance Company, S.I.. (Johnson, Mark) |
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Order [non-document] approving #20 Joint Status Report. Further Status Report due by November 23, 2020. Judge Jack Zouhary on 10/22/2020. (D,L)
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| Filing 20 Joint Status Report filed by American Family Mutual Insurance Company, S.I.. (Johnson, Mark) |
| Filing 19 Marginal Entry Order granting #18 Motion for appearance pro hac vice by attorney Erik D. Peterson for Mohamed El-Far. 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. Judge Jack Zouhary on 10/7/2020. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Filing 18 Motion for attorney Erik D. Peterson to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10291804, filed by Plaintiff Mohamed El-Far. (Attachments: #1 Exhibit A - KY Bar Certificate, #2 Proposed Order)(Whetstone, Stephen) |
| Filing 17 Attorney Appearance of Erik D. Peterson by Stephen G. Whetstone filed by on behalf of Mohamed El-Far. (Whetstone, Stephen) |
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ORDER [non-document]. This Court reviewed and approves Joint Status Report (Doc. #16 ). Further Joint Status Report due by 10/21/20. Judge Jack Zouhary on 9/23/20. (S,Na)
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| Filing 16 Joint Status Report filed by American Family Mutual Insurance Company, S.I.. (Johnson, Mark) |
| Filing 15 Attorney Appearance as co-counsel by Stephen G. Whetstone filed by on behalf of All Plaintiffs. (Whetstone, Stephen) |
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ORDER [non-document]. This Court has reviewed and approves the Joint Status Report (Doc. #14 ). Further Joint Status Report due by 9/21/20. Judge Jack Zouhary on 8/21/20. (S,Na)
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| Filing 14 Joint Status Report filed by American Family Mutual Insurance Company, S.I.. (Johnson, Mark) |
| Filing 13 Stipulated Protective Order regarding confidential documents granting #12 Joint Motion for stipulated protective order. Judge Jack Zouhary on 8/12/2020. (D,L) |
| Filing 12 Joint Motion for stipulated protective order filed by Defendant American Family Mutual Insurance Company, S.I. (Attachments: #1 Proposed Order, #2 Attachment A - Acknowledgment and Agreement To Be Bound By Protective Order)(Wiltrout, Andrea) |
| Filing 11 Joint Submission of Key Decisions filed by American Family Mutual Insurance Company, S.I.. (Attachments: #1 Exhibit A - Parker v. American Family, #2 Exhibit B - Ingram v. Liberty)Related document(s) #9 .(Johnson, Mark) |
| Filing 10 Answer to #1 Complaint, with Jury Demand filed by American Family Mutual Insurance Company. (Wiltrout, Andrea) |
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Filing 9
ORDER. Phone Status held on 6/25/20. Defendant American Family Insurance dismissed without prejudice and with the right to be brought back in the case should discovery disclose such a need. Counsel shall promptly complete initial disclosures. Counsel are working on a Stipulated Protective Order for Court approval. Counsel shall also provide Court with a list of key cases (Ohio and Sixth Circuit) which are currently pending, or recently decided, that address the issue of "non-material depreciation" (no briefs, just a joint submission listing the cases with pin cites). Brief Joint Status Report due by 8/20/20 indicating the status of discussions on potential agreements of conditional certification and related issues as well as appropriate next steps for the case schedule. Defendant's Answer to the Complaint is due by 7/10/20. (30 min) Judge Jack Zouhary on 6/26/20. (S,Na)
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| NOTICE [non-document] of Initial Phone Status set for 6/25/20 at 10:00 AM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na) |
| Filing 8 Corporate Disclosure Statement identifying Corporate Parent AMFAM, Inc., Corporate Parent American Family Insurance Company for American Family Insurance Company filed by American Family Insurance Company. (Johnson, Mark) |
| Filing 7 Corporate Disclosure Statement identifying Corporate Parent American Family Brokerage, Inc., Corporate Parent AMFAM, Inc., Corporate Parent American Family Mutual Insurance Company, S.I., Corporate Parent AmFam Holdings, Inc., Corporate Parent Assure Start Insurance Agency, Corporate Parent AmFam QOF, LLC, Corporate Parent Milwaukee AMBROZ LLC for American Family Mutual Insurance Company filed by American Family Mutual Insurance Company. (Johnson, Mark) |
| Filing 6 Attorney Appearance by Mark A. Johnson, Michael K. Farrell, Andrea C. Wiltrout and Mathew G. Drocton filed by on behalf of American Family Insurance Company, American Family Mutual Insurance Company. (Johnson, Mark) |
| Filing 5 Waiver of Service Returned Executed by Mohamed El-Far. American Family Insurance Company waiver sent on 5/18/2020, answer due 7/17/2020 filed on behalf of Mohamed El-Far (DeRoche, James) |
| Filing 4 Waiver of Service Returned Executed by Mohamed El-Far. American Family Mutual Insurance Company waiver sent on 5/18/2020, answer due 7/17/2020 filed on behalf of Mohamed El-Far (DeRoche, James) |
| Filing 3 Civil Case Management Procedures Order. Judge Jack Zouhary on 5/14/2020. (M,L) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon American Family Insurance Company, American Family Mutual Insurance Company (3 Summons issued to Defendants and Corporation Service Co.) (Attachments: #1 Magistrate Consent Form) (M,L) |
| Filing 1 Class Action Complaint against American Family Mutual Insurance Company; American Family Insurance Company. Filing fee paid $ 400, Receipt number AOHNDC-9976966. Filed by Mohamed El-Far. (Attachments: #1 Exhibit 1-Policy Declarations, #2 Exhibit 2-Property Estimate, #3 Civil Cover Sheet, #4 Summons American Family Mutual-Wisconsin, #5 Summons American Family-Wisconsin, #6 Summons American Family-Ohio) (DeRoche, James) |
| Judge Jack Zouhary assigned to case. (M,L) |
| 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) |
| 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) |
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