Thomas v. Bele Valley Transport, LLC et al
Plaintiff: Thomas J Thomas
Defendant: State Farm Insurance, Bele Valley Transport, LLC and Matthew D Mast
Case Number: 4:2018cv02379
Filed: October 12, 2018
Court: US District Court for the Northern District of Ohio
Presiding Judge: Benita Y Pearson
Nature of Suit: Motor Vehicle
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 10, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2018 Filing 12 Minute Order of Mediation. State Farm reached an agreement with the other parties regarding its interest in the case; counsel will file the appropriate papers on the docket within thirty (30) days. The balance of the case did not settle. Time: 2 hours. Magistrate Judge Kathleen B. Burke on 12/10/2018. (D, I)
December 10, 2018 Filing 11 Notice of Handling of Privileged Materials and Joint Protective Order filed by Bele Valley Transport, LLC, Matthew D Mast. (Pokrywka, Brian)
November 29, 2018 Opinion or Order Filing 10 Order setting mediation conference to be held on 12/10/2018 at 10:00 AM in Chambers 480 before Magistrate Judge Kathleen B. Burke. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements prior to the mediation conference. (Related document #9 ) Magistrate Judge Kathleen B. Burke on 11/29/2018. (P,G)
November 29, 2018 Filing 9 Minute Order of Telephone Conference held on 11/29/2018. The Court set the Mediation Conference for December 10, 2018, at 10:00 a.m. Attorney Pokrywka requested that (1) Defendant Mast be permitted to participate by telephone, Defendant did not object, and the Court granted the request; and (2) Defendant's insurance representative be permitted to participate by telephone, which the Court denied; an insurance representative must appear in person. A Mediation Scheduling Order will issue separately. Time: 30 minutes. Magistrate Judge Kathleen B. Burke on 11/29/2018. (P,G)
November 28, 2018 IMPORTANT: Notice [non-document] of Telephone Conference with counsel set for 11/29/2018 at 10:00 AM before Magistrate Judge Kathleen B. Burke. The purpose of the call is to set the date for the mediation conference; counsel are expected to be prepared to discuss dates they and their clients are available. Counsel for plaintiff is to set up the call. After all participants are on the line, plaintiff's counsel is to call chambers at 330-252-6170. (W,Su)
November 27, 2018 Opinion or Order Filing 8 Order referring case to Magistrate Judge Kathleen B. Burke for Mediation/Settlement to be completed no later than 12/21/2018, if possible. Judge Benita Y. Pearson on 11/27/2018. (JLG)
November 27, 2018 Filing 7 Case Management Conference Plan/Order. The parties have failed to expeditiously litigate this matter and committed numerous violations of the Court's Case Management Scheduling Order, the Local Rules of the Northern District of Ohio, and the Federal Rules of Civil Procedure. Accordingly, the Court, without the input of the parties, sets the cutoff to amend pleadings and add parties, the cutoff for conclusion of discovery, the cutoff for dispositive motions, and the date for the Status Conference. The Court also makes additional orders as necessary under LR 16.3(b)(2). Additionally, the Court refers this matter to Magistrate Judge Burke to conduct a mediation to be completed on or before 12/21/2018, if possible. Counsel shall abide by the following. Case is assigned to the standard track. The parties are ordered to file with the Court an agreement regarding the handling of disclosed privileged material no later than 12/10/2018. Discovery, including expert discovery, shall be completed on or before 1/24/2019. On or before 12/10/2018, Plaintiff shall identify his retained expert witness(es) and provide opposing counsel with a written expert report(s). On or before 1/4/2019, Defendants shall identify their retained expert witness(es) and provide opposing counsel with responsive reports. The cutoff to amend pleadings and add parties is 12/3/2018. The cutoff for filing dispositive motions is 2/25/2019, with responses filed by 3/27/2019 and replies by 4/10/2019. Written stipulations as to all uncontested facts to be presented by the dispositive motion shall be filed with the Court on or before 4/10/2019. If there are no stipulations, a joint notice stating same shall be filed by the same date. These are mandatory requirements. A Telephonic Status Conference is set for 1/18/2019 at 1:30 p.m. Attorney Tschantz is to set up the conference call by joining other participants and calling the Court at (330) 884-7435. Parties' attendance is welcome, but not mandatory. Counsel should notify the Court in advance of a Status Conference if the matter has settled. The parties shall file a proposed Stipulated Protective Order on or before 12/10/2018. Judge Benita Y. Pearson on 11/27/2018. (JLG)
November 26, 2018 Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 11/26/2018. Present were Attorney David Tschantz as counsel for Plaintiff; Attorney Brian J. Pokrywka as counsel for Defendants Bele Valley Transport, LLC and Matthew D. Mast; and Attorney Margo Stoffel Meola as counsel for Defendant State Farm Insurance. Also present were Kelly Coyne, Claims Adjuster for Defendants Bele Valley Transport, LLC and Matthew D. Mast; and Arnold Dudt, Claims Adjuster for Defendant State Farm Insurance. The Court expressed concern over the parties' failure to abide by Court Orders and Federal Civil Rules and the providence of removal. (Court Reporter: None); Time: 6 minutes. (JLG) Modified text on 11/27/2018 (JLG).
November 26, 2018 Filing 6 First Attorney Appearance as addition Counsel by David M. Tschantz filed by on behalf of Thomas J Thomas. (Gervelis, Mark)
November 21, 2018 Filing 5 Initial Disclosures filed by State Farm Insurance. (Attachments: #1 Exhibit Med-Pay Log)(Meola, Margo)
October 29, 2018 Filing 4 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 11/26/2018 at 11:00 a.m. before Judge Benita Y. Pearson. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at 330-884-7435, with all participants on the line. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. Judge Benita Y. Pearson on 10/29/2018. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4, #5 Attachment No. 5) (JLG)
October 12, 2018 Filing 3 Magistrate Consent Form issued. (S,L)
October 12, 2018 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 B. Burke. (S,L)
October 12, 2018 Judge Benita Y. Pearson assigned to case. (S,L)
October 12, 2018 Filing 2 Corporate Disclosure Statement filed by Bele Valley Transport, LLC. (Pokrywka, Brian)
October 12, 2018 Filing 1 Notice of Removal from Mahoning County Court of Common Pleas, case number 18-CV-0094 with jury demand, Filing fee paid $ 400, receipt number 0647-8953943.. Filed by Matthew D Mast, Bele Valley Transport, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint, #3 Exhibit B - All Pleadings/Docket in State Court Action, #4 Exhibit C - Plaintiff's Responses to Requests for Admission, #5 Exhibit D - Notice of Dismissal, #6 Exhibit E - Notice of Filing of Notice of Removal) (Pokrywka, Brian)

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Defendant: State Farm Insurance
Represented By: Margo Stoffel Meola
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Defendant: Bele Valley Transport, LLC
Represented By: Douglas W. Rennie
Represented By: Brian J. Pokrywka
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Defendant: Matthew D Mast
Represented By: Douglas W. Rennie
Represented By: Brian J. Pokrywka
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Plaintiff: Thomas J Thomas
Represented By: Mark S. Gervelis
Represented By: David M. Tschantz
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