Gruszecki et al v. United States of America et al
| Michael E. Gruszecki and Karen S. Gruszecki |
| United States of America, Christopher L. Burkheimer and Nationwide Mutual Insurance Company |
| 4:2011cv02406 |
| November 7, 2011 |
| US District Court for the Northern District of Ohio |
| Youngstown Office |
| Columbiana |
| Benita Y Pearson |
| P.I.: Other |
| 28 U.S.C. § 2674 Federal Tort Claims Act |
| Defendant |
Docket Report
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Filing 46
Order: Upon representation of counsel this case is dismissed with prejudice. The court retains jurisdiction to enforce the terms of this Agreement. Judge Benita Y. Pearson on 12/18/12. (BR,S)
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| Filing 45 Proposed Order for Approval of Stipulated Compromised Settlement Agreement filed by All Parties. (Bennett, James) |
| Filing 44 Attorney Appearance by Kristen M. Lewis filed by on behalf of Christopher L. Burkheimer. (Lewis, Kristen) |
| Filing 43 Civil Trial Order A final pre-trial conference will take place on 3/18/2013 at 10:30 a.m. and the trial of this matter shall begin on 4/1/2013 at 09:00 a.m. on a stand-by basis, for a period of two weeks. Counsel should appear at least 30 minutes before trial time. Failure of counsel to comply in good faith with the following procedure may result in the imposition of sanctions. Judge Benita Y. Pearson on 8/1/2012. (S,L) |
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Order While the Case Management Order indicates that a second Status Conference will be conducted on 8/3/2012. The Court is not inclined to conduct such a conference. Regrettably, the case has not settled. There is, however, a schedule in place to guide the litigants. In addition, the Court sets this matter for trial 4/1/2013, in the event it is not resolved by dispositive motion. Unless counsel presents explicit reasons requiring the Court's attention this Friday, there will be no second Status Conference, at least, not at this time. Judge Benita Y. Pearson on 8/1/2012. (S,L)
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Filing 42
Order The deposition and the related log and DVD submitted manually is not accepted for filing. The Case Management Order directs that "Without leave of Court, no discovery or disclosure materials may be filed, except as necessary to support dispositive motions." See ECF No. #29 . This ruling is without prejudice to refiling these rejected materials at a more appropriate time. Judge Benita Y. Pearson on 7/5/2012. (S,L)
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| Filing 41 Protective Order. Judge Benita Y. Pearson on 7/5/2012. (S,L) |
| Filing 40 Notice of Manual Filing Videotape Deposition, Certification by Videographer, Objection Log, and Certified Stenographic Transcript of Deposition filed by All Plaintiffs. (Vansuch, Matthew) DVD, Certification, Objection Log and transcript of deposition received on 6/28/2012, forwarded to chambers on 7/2/2012 (R,Li). DVD, Certification, Objection Log and transcript returned to Harrington, Hoppe and Mitchell pursuant to Order dated 7/5/2012 (related document #42 ) (R,Li). |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson.Telephone Conference held on 6/11/2012. Present were Attorney Williams Hawley as counsel for Plaintiff; Attorney James Flaiz, Jr. as counsel for Defendant Berkheimer; Attorney John Pfau as counsel for Defendant Nationwide and Assistant U.S. Attorneys James Bennett, III and Michael Paglia as counsel for the United States. Court discussed the failed mediation and encouraged the parties to continue to try to resolve the matter without intervention from the Court. (Court Reporter: None.)Time: 20 Minutes. (S,L) |
| Filing 39 Minutes of proceedings before Magistrate Judge Kathleen B. Burke. Telephone Conference held on 6/7/2012. The parties informed the undersigned that the case was not settled. The undersigned made one final settlement proposal to resolve the case. Counsel agreed to take the proposal to their clients and to report the status to Judge Pearson on June 11, 2012. Because the case has not been resolved through mediation, the referral for mediation is deemed completed at this time. See order for details. Time: 30 minutes. (D,I) |
| Filing 38 Minute Order of Mediation before Magistrate Judge Kathleen B. Burke. Telephone Conference, with attorneys only, set for 6/7/2012 at 4:00 PM before Magistrate Judge Kathleen B. Burke. The telephone conference shall be initiated by counsel for Plaintiff. After all counsel are on the line, counsel for Plaintiff is to place the call to the Chambers of Magistrate Judge Kathleen B. Burke at (330) 252-6170. See order for details. Time: 6 hours. Magistrate Judge Kathleen B. Burke on 5/30/2012. (D,I) |
| Filing 37 Notice of Service of Responses to US Discovery filed by Christopher L. Burkheimer. (Carrabine, James) |
| Filing 36 Notice of Substitution of Counsel removing attorney Christopher J. Baronnzi and adding attorney Matthew G. Vansuch filed by on behalf of All Plaintiffs. (Vansuch, Matthew) |
| Filing 35 Notice of Service of Discovery filed by United States of America. (Paglia, Michael) |
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Filing 34
Order setting mediation conference for 5/30/2012 at 9:00 a.m. in Chambers 480 before Magistrate Judge Kathleen B. Burke. (Related document #33 ) Magistrate Judge Kathleen B. Burke on 4/24/2012. (P,G)
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| Filing 33 Minute Order of Telephone Conference held on 4/24/2012. Mediation is scheduled for May 30, 2012, at 9:00 a.m. before U.S. Magistrate Judge Kathleen B. Burke, John F. Seiberling Federal Building and U.S. Courthouse, 2 S. Main Street, Room 480, Akron, Ohio 44308. With the exception of Defendant Christopher L. Burkheimer, all parties, party representatives with authority to settle and counsel must be present in person at the Mediation. Mediation Conference Order to be issued by separate Entry. Time: 45 minutes. Magistrate Judge Kathleen B. Burke on 4/24/2012. (P,G) |
| Filing 32 Joint Motion for protective order (Stipulated) filed by Karen S. Gruszecki, Michael E. Gruszecki. (Attachments: #1 Proposed Order)(Hawley, William) |
| Filing 31 Notice of Serving Discovery filed by Christopher L. Burkheimer. (Carrabine, James) |
| Filing 30 Attorney Appearance as Co-Counsel by Gary W. Kisling filed by on behalf of Christopher L. Burkheimer. (Kisling, Gary) |
| Filing 29 Case Management Conference Plan/Order. This case is referred to Magistrate Judge Kathleen Burke for mediation to be completed by 5/29/2012 or 5/31/2012, if possible. It is the hope of the Court and counsel that the matter can be resolved by mediation. Minimally, however, it would be beneficial if the mediation could assist counsel in apportioning liability even if unable to decide and resolve damages. The Fact Discovery cutoff is 9/15/2012. On or before 9/15/2012, Plaintiff shall identify any retained expert witness(es) and provide opposing counsel with a written expert report(s). Defendants shall identify their retained expert(s), if any, and submit an opposing written report(s) to opposing counsel on or before 11/12/2012. The cutoff to amend pleadings and add parties is 8/1/2012. The cutoff for filing dispositive motions is 12/17/2012. Responses shall be filed by 1/17/2013 and Replies by 1/31/2013. The next Status Conference will be held 6/11/2012 at 12:30. The conference will be conducted via telephone unless circumstances require otherwise. Defense Counsel for the United States is to set up the conference call. Parties' attendance is welcome, but not mandatory. Counsel should notify the Court in advance of the Status Conference if the matter has settled. If necessary, a second telephonic Status Conference will be held on 8/3/2012. Judge Benita Y. Pearson on 4/12/2012. (S,L) |
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Order [non-document]: An attorney only telephone conference is scheduled for April 24, 2012, at 10:00 a.m. with U.S. Magistrate Judge Kathleen B. Burke. The telephone conference shall be initiated by counsel for Plaintiff. After all counsel are on the line, counsel for Plaintiff shall place the call to the Chambers of U.S. Magistrate Judge Kathleen B. Burke at (330) 252-6170. Counsel shall be prepared to schedule a date for Mediation during the telephone conference. Magistrate Judge Kathleen B. Burke on 4/12/2012. (P,G)
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| Minutes of proceedings [non-document] before Judge Benita Y. Pearson.Case Management Conference held on 4/11/2012. Present were Attorney William Hawley as counsel for Plaintiffs; Attorney Jim Carrabine as counsel for Berkheimer; Assistant U.S. Attorney James Bennett and Michael Paglia as counsel for the Government; Plaintiffs Michael Gruszeki and Karen Fruszecki; Mark Anderson on behalf of the U.S. Postal Service; Eric Duorouy on behalf of Defendant; Kath Huston on behalf of State Farm; and John Pfau and Mike Ward on behalf of Nationwide. (Court Reporter: None.)Time: 1 Hour 45 Minutes. (S,L) |
| Filing 28 Joint Report of Parties' Planning Meeting, parties do not consent to this case being assigned to the magistrate judge, filed by United States of America, Christopher L. Burkheimer, Karen S. Gruszecki, Michael E. Gruszecki, Nationwide Mutual Insurance Co. Related document(s) #12 .(Bennett, James) Modified filers on 4/3/2012 (JLG). |
| Filing 27 Notice of Service of Initial Disclosures filed by Nationwide Mutual Insurance Co. (Pfau, John) |
| Filing 26 Notice of Service of Initial Disclosures filed by United States of America. (Paglia, Michael) |
| Filing 25 Answer to Cross-Claim Asserted by Defendant, Christopher Berkheimer filed by United States of America. Related document(s) #14 . (Paglia, Michael) |
| Filing 24 Notice of Decision and Request to Withdraw Motion for Continuance filed by United States of America. Related document(s) #22 .(Bennett, James) |
| Filing 23 Notice of Service of Initial Disclosures filed by Christopher L. Burkheimer. (Carrabine, James) |
| Filing 22 WITHDRAWN. Motion to continue Case Management Conference filed by Defendant United States of America. Related document(s) #12 . (Bennett, James) Modified to withdraw on 3/26/2012 (S,L). |
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Order [non-document] denying Defendant's #21 Motion to continue the Case Management Conference. This is the second motion for a continuance of the case management conference. Like the first, it does not suggest dates that might be convenient for counsel. As presented, the motion is hereby denied. No later than 4 pm 3/21/2012, Defendants shall refile a motion wherein counsel must jointly suggest no less than 2 ranges of dates, not single days, excluding weekends, during which all counsel are available so that the Court may consider rescheduling. Judge Benita Y. Pearson on 3/20/2012.(S,L)
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| Filing 21 Motion to continue Case Management Conference filed by Defendant United States of America. (Attachments: #1 Exhibit A - Notice of Oral Argument)(Bennett, James) |
| Filing 20 Notice to take Deposition of Dr. Mark E. Coggins on May 14, 2012 filed by All Plaintiffs. (Hawley, William) |
| Filing 19 Initial Disclosures filed by All Plaintiffs. (Hawley, William) |
| Filing 18 Defendant, United States of America's Notice of Withdrawal of Discovery Propounded upon Plaintiff, Michael Gruszecki filed by United States of America. Related document(s) #17 .(Paglia, Michael) |
| Filing 17 Notice of Service of Discovery filed by United States of America. (Paglia, Michael) |
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Order [non-document] granting Defendants' #13 Motion to continue with the case management conference reset and scheduled to be held on 4/11/2012 at 12:30 PM. All other aspects of the Court's Case Management Conference Scheduling Order remain in full effect until further order of the court. Judge Benita Y. Pearson on 3/2/2102.(S,L)
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| Filing 16 Answer to Crossclaim Asserted by United States of America #10 filed by Christopher L. Burkheimer. (Carrabine, James) Modified docket relationship on 3/2/2012 (BR,S). |
| Filing 15 Answer to Crossclaim Asserted by Nationwide #3 filed by Christopher L. Burkheimer. (Carrabine, James) Modified docket relationship on 3/2/2012 (BR,S). |
| Filing 14 Answer to #1 Complaint with Jury Demand and Crossclaim against United States of America filed by Christopher L. Burkheimer. (Carrabine, James) Modified docket text on 3/2/2012 (BR,S). |
| Filing 13 Motion to continue Case Management Conference filed by Defendant United States of America. Related document(s) #12 . (Paglia, Michael) |
| Filing 12 Case Management Conference Scheduling Order with case management conference to be held on 4/4/2012 at 01:30 PM. Lead counsel and parties must be present unless excused by the Court upon written motion. Judge Benita Y. Pearson on 2/27/2012. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3)(S,L) |
| Filing 11 Answer to #3 Crossclaim of Nationwide Mutual Insurance Company filed by United States of America. (Paglia, Michael) Modified text on 2/23/2012 (JLG). |
| Filing 10 Answer to #1 Complaint , Crossclaim against Christopher L. Burkheimer filed by United States of America. (Paglia, Michael) |
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Order [non-document] granting Defendant Christopher Berkheimer's #8 Motion for a 30 day leave to plead to Plaintiffs' Complaint. Judge Benita Y. Pearson on 2/2/2012.(S,L) Modified text on 2/2/2012 (S,L).
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Order [non-document] granting Defendant Christopher Berkheimer's #9 Motion for a 30 day leave to plead to the Cross-claim filed by Defendant, Nationwide Mutual Insurance Company. Judge Benita Y. Pearson on 2/2/2012.(S,L)
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| Filing 9 Motion for 30-day extension of time to answer Cross-Claim filed by Defendant Christopher L. Burkheimer. (Attachments: #1 Proposed Order)(Carrabine, James) Modified event on 2/3/2012 (JLG). |
| Filing 8 Motion for 30-day extension of time to answer Complaint filed by Defendant Christopher L. Burkheimer. (Attachments: #1 Proposed Order)(Carrabine, James) Modified event on 2/3/2012 (JLG). |
| Filing 7 Attorney Appearance by James P. Carrabine and James R. Flaiz filed by on behalf of Christopher L. Burkheimer. (Carrabine, James) |
| Filing 6 Reply to Counterclaim filed by All Plaintiffs. (Hawley, William) |
| Filing 5 Attorney Appearance by James R. Bennett, II filed by on behalf of United States of America. (Bennett, James) |
| Filing 4 Corporate Disclosure Statement filed by Nationwide Mutual Insurance Co. (Pfau, John) |
| Filing 3 Answer to Complaint with Jury Demand , Crossclaim against All Defendants, Counterclaim against All Plaintiffs filed by Nationwide Mutual Insurance Co. (Pfau, John) |
| Filing 2 Original Summons and Magistrate Consent Form issued for service upon Defendants, Christopher L. Burkheimer, Nationwide Mutual Insurance Co. and United States of America. (Attachments: #1 Consent Form) (BR,S) |
| Filing 1 Complaint against All Defendants. Filing fee paid $ 350, Receipt number 0647-5014629. Filed by Michael E. Gruszecki, Karen S. Gruszecki. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Hawley, William) |
| Judge Benita Y. Pearson assigned to case. (BR,S) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen Burke. (BR,S) |
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