Neuro-Communication Services, Inc. v. Cincinnati Insurance Company et al
| Neuro-Communication Services, Inc. d/b/a Hearing Innovations and Neuro-Communication Services, Inc. Individually and on behalf of all others similarly situated doing business as Hearing Innovations |
| The Cincinnati Insurance Company, The Cincinnati Indemnity Company, The Cincinnati Casualty Company, Cincinnati Indemnity Company, Cincinnati Insurance Company and Cincinnati Casualty Company |
| 4:2020cv01275 |
| June 10, 2020 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 19, 2021. A more recent docket listing may be available from PACER.
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| Filing 45 Joint Status Report filed by All Defendants. (Farrell, Michael) |
| Filing 44 Judgment Entry On 1/19/2021, the Court certified a question of state law to the Supreme Court of Ohio. ECF No. #43 . The question certified is the primary question driving resolution of this case. Therefore, the within case is hereby CLOSED, subject to reopening upon written motion. No claims or defensesare waived as a result of this administrative closing. Beginning sixty (60) days from the date of this Judgment Entry, counsel shall submit status reports to the Court every sixty (60) days during the pendency of this matter in the Supreme Court of Ohio. The status reports may be filed jointly by the parties. These are to be procedural reports; they are not to contain substantive discussions of the merits of any claims or defenses asserted. Judge Benita Y. Pearson on 1/21/2021. (S,Ke) |
Filing 43
Order of Certification to the Supreme Court of Ohio. In accordance with Ohio S.Ct.Prac.R. 9.03(A), the Clerk of the United States District Court for the Northern District of Ohio is directed to serve copies of this Certification Order upon counsel for the parties and to file this Certification Order under the seal of this Court with the Supreme Court of Ohio, along with appropriate proof of service. Judge Benita Y. Pearson on 1/19/2021. Related document(s) #10 . (JLG)
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| Copy of #43 Order of Certification to the Supreme Court of Ohio was sent electronically to counsel via the Court's electronic filing system; and certified copy of #43 Order of Certification to the Supreme Court of Ohio and docket sheet mailed to the Office of the Clerk, Supreme Court of Ohio, 65 South Front Street, 8th Floor, Columbus, OH 43215-3431 on 1/19/2021. Related document(s) #43 . (JLG) |
| Filing 42 Submission of Proposed Certified Questions filed by All Defendants. (Farrell, Michael) |
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Filing 41
Order granting #40 Motion for Appearance Pro Hac Vice by Attorney William A. Ladnier for Plaintiff Neuro-Communication Services, Inc. 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 Benita Y. Pearson on 1/4/2021. (JLG)
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| Filing 40 Motion for attorney William A. Ladnier to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10538946, filed by Plaintiff Neuro-Communication Services, Inc. (Attachments: #1 Exhibit A-Certificates of Good Standing)(Coleman, Greg - s/William A. Ladnier) Modified text on 1/4/2021 (M,TL). |
| Filing 39 Stipulated Motion for Protective Order with Acknowledgement and Agreement to be Bound filed by Cincinnati Casualty Company, Cincinnati Indemnity Company, Cincinnati Insurance Company. (Farrell, Michael) Modified on 1/7/2021 (S,Ke). |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 1/4/2021. Present were Attorney Y. Michael Twersky as counsel for Plaintiffs; and Attorneys Daniel M. Kavouras, Michael K. Farrell, and Paul G. Roche as counsel for Defendants. Also present were Dr. Audra Branham as party representative for Plaintiffs; and Chad Doudy as party representative for Defendants. The parties and the Court discussed the pending Motions. The Court indicated it would grant Defendants' Motion to Certify Questions to the Ohio Supreme Court, and ordered the parties to work together to reach a stipulation regarding the specific language of the question or questions to be certified. The parties shall file a single document containing their stipulation as to the specific language of the question or questions to be certified, or, if no stipulation can be reached, their competing proposals, on or before 12:00 p.m. Noon on 1/11/2021. A separate order will issue. (Court Reporter: None); Time: 24 Minutes. (JLG) |
| Filing 38 Report of Parties' Planning Meeting Discovery Plan - parties do not consent to this case being assigned to the magistrate judge, filed by Neuro-Communication Services, Inc.. Related document(s) #33 .(Twersky, Y.) |
| Filing 37 Supplement to Motion to dismiss for failure to state a claim - Defendants' Third Notice of Supplemental Authority, filed by All Defendants. Related document(s) #9 . (Attachments: #1 Exhibit A - Santo's v. Acuity Insurance, #2 Exhibit B - Catlin Dental v. Cincinnati, #3 Exhibit C - Michael Cetta Inc v Admiral Indemnity Company., #4 Exhibit D - Richard Kirsch, DDS v. Aspen Am. Ins. Co., #5 Exhibit E - Terry Black v State Auto, #6 Exhibit F - SA Palm Beach LLC Plaintiff v Certain Underwriters at Lloyds London et al Defendants, #7 Exhibit G - Palmer Holdings and Investments Inc v Integrity Insurance Co, #8 Exhibit H - Kessler Dental Associates PC v Dentists Insurance Company, #9 Exhibit I - Sultan Hajer dba Rug Outlet Plaintiff v Ohio Security Insurance Company Defendant, #10 Exhibit J - 10012 Holdings Inc v. Sentinel Ins Co., #11 Exhibit K - Boulevard c. Fireman's Fund, #12 Exhibit L - Fountain v. Citizens Ins Co of Am)(Farrell, Michael) |
| Filing 36 Notice of Service of Defendants' Rule 26(a) Initial Disclosures filed by All Defendants. (Farrell, Michael) |
| Filing 35 Notice of Service of Rule 26(a)(1) Initial Disclosures filed by Neuro-Communication Services, Inc.. (Twersky, Y.) |
| Filing 34 Defendants' Second Notice of Supplemental Authority in Support of Their Motion to Dismiss filed by All Defendants. (Attachments: #1 Exhibit A - El Novillo v. Lloyds, #2 Exhibit B - Zwillo v Lexington, #3 Exhibit C - Whiskey River v Illinois Cas Co, #4 Exhibit D - BBMS v. Continental Cas Co, #5 Exhibit E - Selane v Continental Cas Co, #6 Exhibit F - Long Affair, #7 Exhibit G - Goodwill v. PIIC)(Farrell, Michael) |
| Filing 33 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 1/04/2021 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 11/18/2020. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4, #5 Attachment No. 5)(S,Ke) |
| Filing 32 Notice of Supplemental Authority and Response to Plaintiff's Notice of Supplemental Authority filed by All Defendants. (Attachments: #1 Exhibit A - Mac Prop Decision, #2 Exhibit B - FAFB Decision)Related document(s) #31 .(Farrell, Michael) |
| Filing 31 Notice of Supplemental Authority filed by All Plaintiffs. (Attachments: #1 Exhibit Ex. A - September 29, 2020, Order, Francois Inc. v. The Cincinnati Insurance Company, Case No. 20CV201416, #2 Exhibit Ex. B - October 7, 2020 Order Denying The Rule 12(b)(6) Motion to Dismiss, North State Deli, LLC, et al. vs. Cincinnati Inc. Co., No. 20-CVS-025698, #3 Exhibit Ex. C - October 7, 2020, Order Granting Plaintiffs' Rule 56 Motion for Partial Summary Judgment, North State Deli, LLC, et al. vs. Cincinnati Inc. Co., No. 20-CVS-025698)Related document(s) #22 .(Coleman, Greg) |
| Filing 30 Reply in support of #10 Motion to Certify Questions to the Ohio Supreme Court filed by All Defendants. (Farrell, Michael) |
| Filing 29 Reply in support of #9 Motion to dismiss for failure to state a claim filed by Cincinnati Casualty Company, Cincinnati Indemnity Company, Cincinnati Insurance Company. (Attachments: #1 Exhibit Court Order-09/29/2020)(Roche, Paul) |
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Filing 28
Order granting Defendants' Motion to Withdraw Appearance of Attorney Marisa A. Pocci. ECF No. #25 . Judge Benita Y. Pearson on 9/28/2020. (JLG)
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Filing 27
Order Defendants' Agreed Motion for Extension of Time to File Reply in Support of Motion to Certify Questions to the Ohio Supreme Court, ECF No. #26 , is granted. Defendants shall file their Reply to Plaintiff's Response in Opposition to Defendants' Motion to Certify Questions of Law to the Supreme Court of Ohio (ECF No. #21 ) on or before 9/30/2020. Judge Benita Y. Pearson on 9/23/2020. (JLG)
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| Filing 26 Stipulated Motion for extension of time until 9/30/2020 to file response/reply to #10 Motion to Certify Questions to the Ohio Supreme Court filed by Cincinnati Casualty Company, Cincinnati Indemnity Company, Cincinnati Insurance Company. Related document(s) #10 . (Farrell, Michael) |
| Filing 25 Motion by Marisa A. Pocci to withdraw as attorney filed by Cincinnati Casualty Company, Cincinnati Indemnity Company, Cincinnati Insurance Company. (Tooth, Laurence) |
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Filing 24
Order granting #20 Motion for Appearance Pro Hac Vice by Attorney Y. Michael Twersky for Plaintiff Neuro-Communication Services, Inc. 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 Benita Y. Pearson on 9/17/2020. (JLG)
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Filing 23
Order granting #19 Motion for Appearance Pro Hac Vice by Attorney Shanon J. Carson for Plaintiff Neuro-Communication Services, Inc. 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 Benita Y. Pearson on 9/17/2020. (JLG)
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| Filing 22 Opposition to #9 Motion to dismiss for failure to state a claim filed by Neuro-Communication Services, Inc.. (Coleman, Greg) |
| Filing 21 Opposition to #10 Motion to Certify Questions to the Ohio Supreme Court filed by Neuro-Communication Services, Inc.. (Coleman, Greg) |
| Filing 20 Motion for attorney Y. Michael Twersky to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10270521, filed by Plaintiff Neuro-Communication Services, Inc.. (Attachments: #1 Affidavit in Support of Motion)(Carson, Shanon) |
| Filing 19 Motion for attorney Shanon J. Carson to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10269877, filed by Plaintiff Neuro-Communication Services, Inc.. (Attachments: #1 Affidavit in Support of Motion)(Carson, Shanon) |
| Filing 18 Attorney Appearance by Paul G. Roche filed by on behalf of Cincinnati Casualty Company, Cincinnati Indemnity Company, Cincinnati Insurance Company. (Roche, Paul) |
| Filing 17 Attorney Appearance by Laurence J. Tooth filed by on behalf of All Defendants. (Tooth, Laurence) |
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Filing 16
Order granting Plaintiff's Motion for Extension of Time Related to Motion to Dismiss and Motion to Certify. ECF No. #15 . Plaintiff shall file its Responses to Defendants' Motion to Dismiss (ECF No. #9 ) and Motion to Certify Questions to the Supreme Court of Ohio (ECF No. #10 ) on or before 9/16/2020. Judge Benita Y. Pearson on 8/28/2020. (JLG)
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| Filing 15 Unopposed Motion for extension of time until September 16, 2020 to file response/reply to #10 Motion to Certify Questions to the Ohio Supreme Court, #9 Motion to dismiss for failure to state a claim filed by Plaintiff Neuro-Communication Services, Inc. Related document(s) #10 , #9 . (Attachments: #1 Proposed Order)(Coleman, Greg) |
| Filing 14 Answer to #1 Complaint,, filed by Cincinnati Casualty Company, Cincinnati Indemnity Company, Cincinnati Insurance Company. (Farrell, Michael) |
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Filing 13
Order Pursuant to the Court's Standing Order, Defendants must "file an answer to the complaint regardless of whether they have filed or plan to file a motion to dismiss. The filing of a motion to dismiss shall not delay the time in which the party must answer the complaint." No later than 10 days from the date of this Order, Defendants shall file answers (or a joint answer) to the Complaint. Judge Benita Y. Pearson on 8/13/2020. (JLG)
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Filing 12
Order granting Plaintiff's #11 Consent Motion for Extension of Time until 9/2/2020 to File Response/Reply to Defendants' #10 Motion to Certify Questions to the Ohio Supreme Court. Judge Benita Y. Pearson on 8/13/2020. (JLG)
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| Filing 11 Consent Motion for extension of time until September 2, 2020 to file response/reply to #10 Motion to Certify Questions to the Ohio Supreme Court filed by Plaintiff Neuro-Communication Services, Inc.. Related document(s) #10 . (Attachments: #1 Proposed Order [Proposed] Order)(Coleman, Greg) |
| Filing 10 Motion to Certify Questions to the Ohio Supreme Court filed by Cincinnati Casualty Company, Cincinnati Indemnity Company, Cincinnati Insurance Company. (Attachments: #1 Brief in Support Memorandum in Support)(Farrell, Michael) |
| Filing 9 Motion to dismiss for failure to state a claim filed by Cincinnati Casualty Company, Cincinnati Indemnity Company, Cincinnati Insurance Company. Related document(s) #1 . (Attachments: #1 Brief in Support, #2 Exhibit Ex A - CDC Guidelines, #3 Exhibit Ex B - Gavrilides Order and Transcript, #4 Exhibit Ex C - Social Life v. Sentinel Transcript, #5 Exhibit Ex D - 2006 ISO Circular)(Farrell, Michael) |
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Order [non-document] granting #8 Defendants' Motion for Extension of Time until 8/3/2020 to Answer Complaint. Judge Benita Y. Pearson on 7/13/2020.(S,Ke)
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| Filing 8 Stipulated Motion for extension of time until 8/3/2020 to answer Plaintiff's Complaint filed by Cincinnati Casualty Company, Cincinnati Indemnity Company, Cincinnati Insurance Company. Related document(s) #1 . (Farrell, Michael) |
| Filing 7 Attorney Appearance by Michael K. Farrell , Daniel M. Kavouras, and Rodger L. Eckelberry filed by on behalf of Cincinnati Casualty Company, Cincinnati Indemnity Company, Cincinnati Insurance Company. (Farrell, Michael) |
| Filing 6 Attorney Appearance by Marisa A. Pocci filed by on behalf of All Defendants. (Pocci, Marisa) |
| Filing 5 Return of Service by Clerk by certified mail executed upon Cincinnati Casualty Company on 6/19/2020, no delivery date on green card, date obtained from U.S. Postal Service website; Cincinnati Indemnity Company on 6/19/2020; Cincinnati Insurance Company on 6/19/2020, filed on behalf of Neuro-Communication Services, Inc. Related document(s) #3 . (S,Ke) |
| Service by Clerk. Summons and Complaint addressed to Cincinnati Casualty Company (7009 2820 0002 2082 6428), Cincinnati Indemnity Company (7009 2820 0002 2082 6435), Cincinnati Insurance Company (7009 2820 0002 2082 2082 6442) placed in U.S. Mail. Type of service: certified mail. (M,R) |
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Filing 4
Order granting #2 Motion for Appearance Pro Hac Vice by Attorney Gregory F. Coleman for Plaintiff Neuro-Communications Services, Inc. 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 Benita Y. Pearson on 6/12/2020. (JLG)
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| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon All Defendants. (Attachments: #1 Magistrate Consent Form) (S,Ke) |
| Judge Benita Y. Pearson assigned to case. (S,Ke) |
| 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,Ke) |
| Filing 2 Motion for attorney Gregory F. Coleman to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10033886, filed by Plaintiff Neuro-Communication Services, Inc. d/b/a Hearing Innovations. (Attachments: #1 Exhibit A- Certificate of Good Standing)(Coleman, Gregory) |
| Filing 1 Class Action Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number AOHNDC-10033864. Filed by Neuro-Communication Services, Inc. (Attachments: #1 Exhibit A Neuro-Communication Service all risk CinciPak Policy, #2 Exhibit B Denial of Insurance Claim, #3 Civil Cover Sheet, #4 Summons to be issued to The Cincinnati Insurance Company, #5 Summons to be issued to The Cincinnati Casualty Company, #6 Summons to be issued to The Cincinnati Indemnity Company) (Coleman, Gregory) |
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