Frankenmuth Mutual Insurance Company v. Comfort Line, LTD et al
Plaintiff: Frankenmuth Mutual Insurance Company
Defendant: Comfort Line, LTD and Western Partitions, Inc.
Case Number: 3:2020cv01627
Filed: July 23, 2020
Court: US District Court for the Northern District of Ohio
Presiding Judge: Jack Zouhary
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2020 Filing 10 Dismissal Order. Plaintiff recently filed a Supplement regarding jurisdiction #9 . Accordingly, for the reasons stated in a previous Order #8 , this lawsuit is dismissed without prejudice. If Defendant Comfort Line's bankruptcy proceeding concludes without a discharge, Plaintiff may refile this lawsuit within two months after the proceeding's dismissal. Judge Jack Zouhary on 8/18/2020. (D,L)
August 17, 2020 Filing 9 Supplement to Order, #8 , filed by Frankenmuth Mutual Insurance Company. Related document(s). (Pipino, Samuel)
August 12, 2020 Opinion or Order Filing 8 ORDER. Plaintiff's request for additional time to demonstrate this Court's jurisdiction (Doc. #7 ) is granted. Supplemental information pertaining to the trust is due by 8/21/20. Defendant Comfort Line filed a Notice of Chapter 11 Petition for Bankruptcy (Doc. #5 ). Absent objection by any party, in lieu of the requested stay, case will be dismissed without prejudice following receipt of Plaintiff's further statement in support of jurisdiction. Parties may file a claim in the pending bankruptcy proceeding. And in the event the proceeding concludes without a discharge, Plaintiff may refile this case within two months of the date of such Dismissal. Judge Jack Zouhary on 8/12/20. (S,Na)
August 7, 2020 Filing 7 Supplement to Complaint, (Doc. 1), filed by Frankenmuth Mutual Insurance Company. (Pipino, Samuel)
July 28, 2020 Filing 5 Notice of Filing Bankruptcy and Motion/Request to Stay filed by Comfort Line, LTD. (Attachments: #1 Exhibit Notice of Bankruptcy Case Filing, #2 Proposed Order )(Neuman, Eric) Modified text on 7/29/2020 (R,Ke).
July 27, 2020 Opinion or Order Filing 4 Order to Show Cause. Frankenmuth fails to allege the member citizenship of Defendant Comfort Line, LTD, a limited liability company. Accordingly, by August 7, 2020, Frankenmuth shall either (1) file a supplement to the Complaint containing the missing information to support jurisdiction or (2) voluntarily dismiss the Complaint. Judge Jack Zouhary on 7/27/20. (K,AR) .
July 23, 2020 Filing 6 Civil Case Management Procedures Order. Judge Jack Zouhary on 7/23/20. (K,AR) (Main Document 6 replaced on 8/4/2020) (B,JL).
July 23, 2020 Filing 3 Civil Case Management Procedures Order. Judge Jack Zouhary on 7/23/20. (K,AR)
July 23, 2020 Filing 2 Magistrate Consent Form issued, no summons were provided therefore they were not issued. (K,AR)
July 23, 2020 Filing 1 Complaint for Declaratory Judgment against All Defendants. Filing fee paid $ 400, Receipt number AOHNDC-10125288. Plaintiff has indicated that case may be related to pending civil action 3:20-cv-00423 USDC Oregon. Filed by Frankenmuth Mutual Insurance Company. (Attachments: #1 Exhibit Commercial Policy CPP 6046462, #2 Exhibit Western Partitions, Inc.'s Complaint, #3 Exhibit Letter from Western Partitions Counsel & Comfort Line, LTD's Answer & Counterclaim, #4 Civil Cover Sheet) (Pipino, Samuel)
July 23, 2020 Judge Jack Zouhary assigned to case. (K,AR)
July 23, 2020 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. (K,AR)
July 23, 2020 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. (K,AR)

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Defendant: Comfort Line, LTD
Represented By: Eric R. Neuman
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Defendant: Western Partitions, Inc.
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Plaintiff: Frankenmuth Mutual Insurance Company
Represented By: Samuel M. Pipino
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