Summa Emergency Associates, Inc. v. Emergency Physicians Insurance Co.
| Summa Emergency Associates, Inc. |
| Emergency Physicians Insurance Co. |
| 5:2011cv00269 |
| February 7, 2011 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| David D Dowd |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 31 Judgment Entry that for the reasons contained in the #30 Memorandum Opinion filed contemporaneously herewith, the defendant's motion to compel arbitration and dismiss is Granted. This case is closed, each party to bear their own costs and attorney fees. Judge David D. Dowd, Jr. on 2/3/2012. (M,De) |
| Filing 30 Memorandum Opinion that upon review, the Court finds that all of Plaintiff Summa Emergency Associates, Inc.'s Claims are governed by the arbitration provision in the parties agreement. Since the parties have agreed to binding arbitration, the Court finds that dismissal, rather than granting a stay, is appropriate. The Defendant Emergency Physicians Insurance Company's #7 motion to compel arbitration and to dismiss is GRANTED. (Related Document ECF #7 AND #29 ). Judge David D. Dowd, Jr. on 2/3/2012. (M,De) Modified text on 2/7/2012 to change link (M,De). |
Filing 29
Order regarding #7 defendant's Motion to Compel Arbitration. The Court had deferred ruling on the defendant's motion to compel mediation to allow the parties to focus their efforts on limited discovery and possible resolution of their dispute. The Court will now take the motion to compel under consideration. If the motion is denied, the Court will establish a case management plan for completing discovery and filing dispositive motions. Signed by Judge David D. Dowd, Jr. on 11/1/2011. (M,De)
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| Filing 28 Status Report filed by Summa Emergency Associates, Inc. (Weigand, Jason) Modified text on 11/1/2011 (S,He). |
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Order (non-document) directing counsel for the plaintiff to file a report with the Clerk regarding the status of this case by 10/31/2011. Approved by Judge David D. Dowd, Jr. on 10/18/2011. (M,De)
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| Minutes of proceedings [non-document] before Judge David D. Dowd, Jr. Status Conference held on 10/13/2011. Time: 60 Minutes. (M,De) |
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Order (non-document) that the Status Conference in this case is RESET to Thursday, October 13, 2011, at 11:00 a.m. in Chambers 402 before Judge David D. Dowd Jr. Approved by Judge David D. Dowd, Jr. on 9/22/2011. (M,De) Modified TEXT on 9/23/2011 to correct date of Status Conference and regenerated notice to all counsel (M,De).
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Order (non-document) that the Status Conference previously set for 10/10/2011 which is a Federal Holiday is RESET to 10/11/2011 at 12:00 p.m. in Chambers 402 before Judge David D. Dowd Jr. Approved by Judge David D. Dowd, Jr. on 9/21/2011. (M,De)
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| Filing 27 Amended Notice to take Deposition of Jon Balenzano on September 29, 2011 at 12:00 p.m. PST filed by Summa Emergency Associates, Inc.. Related document(s) #24 .(Weigand, Jason) |
| Filing 26 Amended Notice to take Deposition of Dianne Vass on September 29, 2011 at 9:00 a.m. PST filed by Summa Emergency Associates, Inc.. Related document(s) #24 .(Weigand, Jason) |
| Filing 25 Amended Notice to take Deposition of Bartholomew G. Nyhan on September 30, 2011 at 9:00 a.m. filed by Summa Emergency Associates, Inc.. Related document(s) #24 .(Weigand, Jason) |
| Filing 24 Notice to take depositions filed by Summa Emergency Associates, Inc. (Weigand, Jason) |
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Filing 23
Order that the Court will continue to defer a ruling on defendant's motion to compel arbitration and dismiss until some time after the status conference now scheduled for October 10, 2011. For purposes of Court administration only, the Clerk is directed to terminate defendant's motion to compel arbitration and dismiss. The termination of this motion by the Clerk is for administrative purposes only and in no way reflects any ruling on the merits of the motion. The Court will rule on the merits of the motion at a time to be later determined. (Related Doc #7 ). Signed by Judge David D. Dowd, Jr on 9/8/2011. (M,De)
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Filing 22
Marginal Entry Order granting Joint Motion to continue status conference and extend discovery deadline (Related document #21 ). Status Conference RESET for 10/10/2011 at 12:00 noon in Chambers 402 before Judge David D. Dowd Jr. and Discovery is extended until 10/3/2011. Signed by Judge David D. Dowd, Jr. on 8/16/2011. (M,De) Modified to note 'joint' motion in text on 8/17/2011 (S,He).
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| Filing 21 Joint Motion to continue Status Conference and Motion for 45-day Extension of Fraud Discovery filed by all parties. Related document(s) #16 . (Weigand, Jason). Added Motion for extension of discovery on 8/16/2011 (P,G). |
| Filing 20 Notice of Service of Plaintiff's First Set of Interrogatories, Requests for Admission and Requests for Production of Documents and Things Propounded Upon Defendant filed by Summa Emergency Associates, Inc.. (Weigand, Jason) |
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Filing 19
Protective Order signed by Judge David D. Dowd, Jr. on 7/15/2011. (M,De)
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| Filing 18 Memorandum in Support of Motion for Protective Order filed by Emergency Physicians Insurance Co.. Related document(s) #17 . (Milone, Matthew) Modified text on 7/15/2011 (P,G). |
| Filing 17 Motion for protective order filed by Defendant Emergency Physicians Insurance Co.. (Attachments: #1 Exhibit 1, Proposed Protective Order)(Milone, Matthew) Modified text on 7/15/2011 (P,G). |
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Filing 16
Case Management Conference Plan/Order. Case is assigned to the standard track. Parties to be Joined and Pleading Amendments due by 8/1/2011. Discovery is open on the fraud issue only. Fraud discovery to be completed by 8/19/2011. Status Conference set for 8/22/2011 at 12:00 noon in Chambers 402 before Judge David D. Dowd Jr. Signed by Judge David D. Dowd, J. on 5/18/2011. (M,De)
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| Minutes of proceedings [non-document] before Judge David D. Dowd, Jr. Case Management Conference held on 5/17/2011. (Court Reporter: none) Time: 25 Minutes. (M,De) |
| Filing 15 Discovery Plan. Parties do not consent to the jurisdiction of the magistrate judge filed by Emergency Physicians Insurance Co.. (Attachments: #1 Exhibit A to 7(a) -Recommended Discovery Plan, #2 Exhibit B to 7(a) -Recommended Discovery Plan)(Kincaid, Robert) Modified text on 5/11/2011 (S,He). |
| Filing 14 Initial Disclosures under Rule 26(a)(1) filed by Summa Emergency Associates, Inc.. (Weigand, Jason) |
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Filing 13
Order regarding #7 Motion for to Compel Arbitration and to Dismiss filed by Emergency Physicians Insurance Co. The Court will not rule on the pending motion prior to the Case Management Conference, and is of the view that it will be useful for the Court to conduct the Case Management Conference prior to ruling on the motion. Accordingly, the Conference will take place as presently scheduled on May 17, 2011, at 12:30 p.m. Signed by Judge David D. Dowd, Jr. on 5/2/2011. (M,De)
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| Filing 12 Reply to response to #7 Motion for to Compel Arbitration and to Dismiss filed by Emergency Physicians Insurance Co.. (Attachments: #1 Exhibit A - Declaration of Matthew Milone, #2 Exhibit B - Eighth Judicial District Court Order)(Kincaid, Robert) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Constance L. Akridge, and Matthew T. Milone for Defendant Emergency Physicians Insurance Co. (Related Doc #10 amd Related Doc #11 ). Entered on behalf of Judge David D. Dowd, Jr. on 3/25/2011. (M,De)
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| Filing 11 Motion for attorney Constance L. Akridge to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-4615502, filed by Defendant Emergency Physicians Insurance Co.. (Attachments: #1 Exhibit Certificate of Good Standing for Constance L. Akridge)(Kincaid, Robert) |
| Filing 10 Motion for attorney Matthew T. Milone to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-4615499, filed by Defendant Emergency Physicians Insurance Co.. (Attachments: #1 Exhibit Certificate of Good Standing for Matthew T. Milone)(Kincaid, Robert) |
| Filing 9 Opposition to #7 Motion for to Compel Arbitration and to Dismiss filed by Summa Emergency Associates, Inc.. (Attachments: #1 U.S. District Court Order Denying EPIC's Motion to Compel Arbitration, #2 EPIC's Opposition to Arbitration (Nyhan), #3 EPIC's Opposition to Arbitration (Wisman), #4 Clark County Nevada District Court Order)(Weigand, Jason) |
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Filing 8
Case Management Conference Scheduling Order with case management conference to be held on 5/17/2011 at 12:30 p.m. in Chambers 402 before Judge David D. Dowd Jr. Signed by Judge David D. Dowd, Jr. on 3/9/2011. (Attachments: #1 Appendix K, #2 Discovery Plan, #3 Local Rule 30.1, #4 Map) (M,De)
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| Filing 7 Motion for to Compel Arbitration and to Dismiss filed by Defendant Emergency Physicians Insurance Co.. (Attachments: #1 Brief in Support Memorandum in Support of Defendant's Motion to Compel Arbitration and to Dismiss, #2 Exhibit A - Declaration of Constance L. Akridge, #3 Exhibit B - Subscription Agreement for Surplus Contribution, #4 Exhibit C - Subscriber's Agreement and Power of Attorney, #5 Exhibit D - Surplus Contribution Certificate No. 00019, #6 Exhibit E - Surplus Contribution Certificate No. 00024, #7 Exhibit F - EPIC's Governance Rules, #8Exhibit G - Information Brochure, #9 Exhibit H - Letter from EPIC Chairman to Plaintiff's counsel)(Kincaid, Robert) Modified text to remove double wording on attachments on 2/16/2011 (M,TL). |
| Filing 6 Corporate Disclosure Statement filed by Emergency Physicians Insurance Co.. (Kincaid, Robert) |
| Filing 5 Corporate Disclosure Statement filed by Summa Emergency Associates, Inc.. (Weigand, Jason) |
| Filing 4 Magistrate Consent Package issued. (M,De) |
| Notice by Clerk to Summa Emergency Associates, Inc. and Emergency Physicians Insurance Company to file a corporate disclosure statement as required by Local Rule 3.13(b). (M,De) |
| Filing 3 Answer to Complaint filed by Emergency Physicians Insurance Co.. (Kincaid, Robert) |
| Filing 2 Magistrate Consent Form issued. (M,TL) |
| Judge David D. Dowd, Jr. assigned to case. (M,TL) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (M,TL) |
| Filing 1 Notice of Removal from Summit County Court of Common Pleas, case number CV-2010-12-8419 with jury demand, filing fee $ 350, receipt number 0647-4538424, filed by Emergency Physicians Insurance Co. (Attachments: #1 Civil Cover Sheet, #2 state court documents) (Kincaid, Robert) Modified text on 2/8/2011 (M,TL). |
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