J.M. Smucker Co. v. ACE American Insurance Co.
| The J.M. Smucker Company |
| ACE American Insurance Company |
| J.M. Smucker Company |
| 5:2023cv00607 |
| March 21, 2023 |
| US District Court for the Northern District of Ohio |
| John R Adams |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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| Filing 20 Reply Brief in Support of its cross-motion for summary judgment and in Opposition to Plaintiff's motion for partial summary judgment filed by ACE American Insurance Company. (Wadley, Christopher) Related Docs. #17 & #18 . Modified text on 10/27/2023 (E,CK). |
| Remark by Finance. Funds in the amount of $120.00 refunded on 10/24/2023 for receipt AOHNDC-12005287. (K,Ve) |
| Filing 19 Reply in support of #17 Motion for partial summary judgment , Opposition to #18 Cross Motion for summary judgment filed by J.M. Smucker Company. (Chiricosta, Matthew) |
| Filing 18 Cross Motion for summary judgment filed by Defendant ACE American Insurance Company. Related document(s) #17 . (Attachments: #1 Brief in Support Attachment 1: ACE's Memorandum in Opposition to Smucker's Motion for Partial Summary Judgment and in Support of ACE's Cross-Motion for Summary Judgment, #2 Attachment 2: Declaration of Carol J. Targum, #3 Attachment 3: Targum Declaration Exhibit 1 (6/15/022 Email Exchange), #4 Attachment 4: Declaration of Christopher A. Wadley, #5 Attachment 5: Wadley Declaration Exhibit 1 (JIF Website Recall Information)) (Wadley, Christopher) |
| Filing 17 Motion for partial summary judgment Rule 56 filed by Plaintiff J.M. Smucker Company, Counter-Defendant J.M. Smucker Company. (Attachments: #1 Brief in Support of Motion for Partial Summary Judgment, #2 Exhibit 1 to Brief in Support - Declaration of Matthew Chiricosta, #3 Exhibit A to Declaration of Matthew Chiricosta - ACE Policy No. XSLG7248382 for 5.1.21-5.1.22, #4 Exhibit B to Declaration of Matthew Chiricosta - ACE Policy No. XSLG72494611 for 5.1.22-5.1.23, #5 Exhibit C to Declaration of Matthew Chiricosta - 8.1.22 Letter from ACE to Smucker, #6 Exhibit D to Declaration of Matthew Chiricosta - 8.24.22 Letter from Counsel for Smucker to Counsel for ACE, #7 Exhibit E to Declaration of Matthew Chiricosta - 9.15.22 Letter from Counsel for ACE to Counsel for Smucker, #8 Exhibit F to Declaration of Matthew Chiricosta - 2.27.23 Letter from ACE to Smucker, #9 Exhibit G to Declaration of Matthew Chiricosta - Consolidated Class Action Complaint in Naythan A Ward, et al. v. J.M. Smucker Co., #10 Exhibit H to Declaration of Matthew Chiricosta - Bench Opinion in Nationwide Mut. Ins. Co. v. Lafarge Corp. (D. Md. Oct. 31, 1995), #11 Exhibit I to Declaration of Matthew Chiricosta - Final Judgment Order After Trial in ConAgra Foods, Inc. v. Lexington Ins. Co. (Del. Super. Ct., Nov. 30, 2012))(Chiricosta, Matthew) |
Filing 16
Order that consistent with the Courts oral order during the CMC in this matter, the parties shall be permitted to file cross motions for partial summary judgment. Plaintiff shall file its motion by no later than August 4, 2023. Defendant shall oppose and file its cross motion by no later than September 15, 2023. Plaintiff shall file it reply and opposition to Defendants motion by no later than October 6, 2023. Defendant shall file its reply in support of its motion by no later than October 27, 2023. Judge John R. Adams on 7/27/2023. (L,J)
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| Minutes of proceedings [non-document] before Judge John R. Adams.Case Management Conference held on 7/12/23. Case is assigned to the standard track. (Court Reporter: Lori Callahan.)Time: 20 minutes. (S,T) |
| Filing 15 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by J.M. Smucker Company. (Chiricosta, Matthew) |
| Filing 14 Case Management Conference Scheduling Order with telephonic case management conference to be held on 7/12/2023 at 11:00 AM before Judge John R. Adams. Judge John R. Adams on 6/14/2023. (Attachments: #1 Report of Parties' Planning Meeting, #2 Local Rule 30.1, #3 Magistrate Consent Form, #4 Budget, #5 ECF Policies and Procedures)(L,J) |
| Filing 13 Answer to Counterclaim filed by J.M. Smucker Company. Related document(s) #11 . (Chiricosta, Matthew) |
| Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Duplicate Payment. Receipt #: AOHNDC-12005287, filed by ACE American Insurance Company. Related document(s) #10 . (Ryan, Christopher) |
| Filing 12 Corporate Disclosure Statement identifying Corporate Parent INA Corporation, Corporate Parent INA Holdings Corporation, Corporate Parent INA Financial Corporation, Corporate Parent Chubb Limited, Corporate Parent Chubb INA Holdings Inc., Corporate Parent Chubb Group Holdings Inc. for ACE American Insurance Company filed by ACE American Insurance Company. (Ryan, Christopher) |
| Filing 11 Answer to #1 Complaint, Counterclaim against J.M. Smucker Company filed by ACE American Insurance Company. (Ryan, Christopher) |
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Order [non-document] granting Defendants' Motion for appearance pro hac vice by attorney Kevin D. Kojs and Christopher A. Wadley for ACE American Insurance Company. 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. (Related Doc #9 ); (Related Doc #10 ). Judge John R. Adams on 5/22/23.(K,C)
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| Filing 10 Motion for attorney Christopher A. Wadley to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12005326, filed by Defendant ACE American Insurance Company. (Attachments: #1 Affidavit of Christopher A. Wadley in Support of Motion for Admission Pro Hac Vice with Certificate of Good Standing)(Ryan, Christopher) Modified on 5/22/2023 (Mc,K). |
| Filing 9 Motion for attorney Kevin D. Kojs to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12005318, filed by Defendant ACE American Insurance Company. (Attachments: #1 Affidavit of Kevin D. Kojs in Support of Motion for Admission Pro Hac Vice and Certificate of Good Standing)(Ryan, Christopher) Modified on 5/22/2023 (Mc,K). |
| Filing 8 Attorney Appearance by Christopher M. Ryan filed by on behalf of ACE American Insurance Company. (Ryan, Christopher) |
| Filing 7 Waiver of Service Returned Executed by J.M. Smucker Company. ACE American Insurance Company waiver sent on 3/23/2023, answer due 5/22/2023 filed on behalf of J.M. Smucker Company (Chiricosta, Matthew) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Brian D. Koosed, attorney Jonathan M. Cohen, and attorney Erin D. Fleury for J.M. Smucker Company. 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. (Related Doc #4 ); (Related Doc #5 );(Related Doc #6 ). Judge John R. Adams on 3/23/23.(K,C)
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| Filing 6 Motion for attorney Erin D. Fleury to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11908071, filed by Plaintiff J.M. Smucker Company. (Attachments: #1 Exhibit A - Declaration of Erin D. Fleury in Support of The J.M. Smucker Company's Motion to Admit Erin D. Fleury Pro Hac Vice)(Chiricosta, Matthew) |
| Filing 5 Motion for attorney Jonathan M. Cohen to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11907951, filed by Plaintiff J.M. Smucker Company. (Attachments: #1 Exhibit A - Declaration of Jonathan M. Cohen in Support of the J.M. Smucker Company's Motion to Admit Jonathan M. Cohen Pro Hac Vice)(Chiricosta, Matthew) |
| Filing 4 Motion for attorney Brian D. Koosed to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11907438, filed by Plaintiff J.M. Smucker Company. (Attachments: #1 Exhibit A - Declaration of Brian D. Koosed in Support of Plaintiff, The J.M. Smucker Company's Motion to Admit Brian D. Koosed Pro Hac Vice)(Chiricosta, Matthew) |
| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon ACE American Insurance Company. (Attachments: #1 Magistrate Consent Form) (B,DL) |
| Judge John R. Adams assigned to case. (B,DL) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (B,DL) |
| Filing 2 Corporate Disclosure Statement filed by J.M. Smucker Company. (Chiricosta, Matthew) |
| Filing 1 Complaint with jury demand against ACE American Insurance Company. Filing fee paid $ 402.00. Receipt number AOHNDC-11906490. Filed by J.M. Smucker Company. (Attachments: #1 Civil Cover Sheet, #2 Summons to ACE American Insurance Company) (Chiricosta, Matthew) |
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