Kattine v.State Farm Mutual Automobile Insurance Company
| Robert Kattine and Mary Kattine |
| State Farm Mutual Automobile Insurance Company |
| Grange Mutual Casualty Company |
| 1:2016cv00887 |
| September 1, 2016 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| HAMILTON |
| William O Bertelsman |
| Karen L Litkovitz |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 55
ORDER of USCA as to #52 Notice of Appeal dismissing the case. Note: No Mandate to issue. (sct)
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| Filing 54 USCA Case Number 19-3553 for #52 Notice of Appeal filed by Mary Kattine, Robert Kattine. Case Manager - Bryant L. Crutcher. (sct) |
| USCA Appeal Fees received $ 505 receipt number 100cin03961 re #52 Notice of Appeal filed by Mary Kattine, Robert Kattine (jlw) |
| Filing 53 Transcript of Proceedings (Motions Hearing) held on June 12, 2018, before Judge William O. Berteslman. Court Reporter/Transcriber Luke Lavin (Official), Telephone number (513) 564-7500. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 6/27/2019. Redacted Transcript Deadline set for 7/8/2019. Release of Transcript Restriction set for 9/4/2019. (Lavin, Luke) |
| Filing 52 NOTICE OF APPEAL by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) Modified docket text on 6/11/2019 (eh). |
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Filing 51
CLERK'S JUDGMENT: IT IS ORDERED AND ADJUDGED that summary judgment be, and is hereby, entered in favor of defendant State Farm Mutual AutomobileInsurance Company. This matter is STRICKEN from the docket of theCourt. Signed by Judge William O. Bertelsman on 5/28/2019. (jlw) Modified on 5/29/2019 (eh).
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Filing 50
MEMORANDUM OPINION AND ORDER: IT IS ORDERED that defendants motion for summary judgment #35 be, and is hereby, GRANTED, and plaintiffs' motion forpartial summary judgment #36 be, and is hereby, DENIED. Aseparate judgment shall enter concurrently herewith. Signed by Judge William O. Bertelsman on 5/28/2019. (jlw)
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Filing 49
Order: This matter is before the Court on defendants motion for summary judgment (Doc. 35) and plaintiffs motion for partial summary judgment (Doc. 36). The Court heard oral argument on these motions on Tuesday, June 12, 2018. Jeffrey Bakst represented the plaintiffs, and Gregory Harrison represented the defendant. Court reporter Luke Lavin recorded the proceedings. Having heard the parties, and the Court being advised, IT IS ORDERED that the above motions be, and are hereby, TAKEN UNDER ADVISEMENT. (Court Reporter Luke Lavin, Official.) (jlw)
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Filing 48
ORDER Setting Hearing on Motion #36 MOTION for Partial Summary Judgment , #35 MOTION for Summary Judgment : Motion Hearing set for 6/12/2018 01:00 PM in ADR Suite, Room 203, Cincinnati before Judge William O. Bertelsman.. Signed by Judge William O. Bertelsman on 5/3/2018. (jlw)
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| Motions Not Referred to the Magistrate Judge: #36 MOTION for Partial Summary Judgment , #35 MOTION for Summary Judgment . (art) |
| Filing 47 DEPOSITION of Stuart Setcavage taken on 08/30/2017 by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) |
| Filing 46 REPLY to Response to Motion re #35 MOTION for Summary Judgment filed by Defendant State Farm Mutual Automobile Insurance Company. (Harrison, Gregory) |
| Filing 45 REPLY to Response to Motion re #36 MOTION for Partial Summary Judgment filed by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) |
| Filing 44 CERTIFICATE OF SERVICE by Plaintiffs Mary Kattine, Robert Kattine (Bakst, Jeffrey) |
| Filing 43 RESPONSE in Opposition re #36 MOTION for Partial Summary Judgment on the Issue of Liability Alone filed by Defendant State Farm Mutual Automobile Insurance Company. (Harrison, Gregory) |
| Filing 42 RESPONSE in Opposition re #35 MOTION for Summary Judgment filed by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) |
| Filing 41 AFFIDAVIT by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) |
| Filing 40 AFFIDAVIT by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) |
| Filing 39 NOTICE OF FILING DEPOSITION of Britta Moss by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A July 19, 2017 Deposition of Britta Moss) (Harrison, Gregory) |
| Filing 38 DEPOSITION of Stuart Setcavage by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) Modified Docket Text on 10/31/2017 (bjc). |
| Filing 37 AFFIDAVIT by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) |
| Filing 36 MOTION for Partial Summary Judgment by Plaintiffs Mary Kattine, Robert Kattine. (Attachments: #1 Appendix Appendix, #2 Appendix Appendix) (Bakst, Jeffrey) |
| Filing 35 MOTION for Summary Judgment by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A - Excerpts from August 30, 2017 Deposition of Stuart J. Setcavage) (Harrison, Gregory) |
| Filing 34 NOTICE OF FILING DEPOSITION of John R. Wykoff by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A - February 11, 2016 Deposition of John R. Wykoff) (Harrison, Gregory) |
| Filing 33 DEPOSITION of Thomas Huefner by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A - March 15, 2016 Deposition of Thomas Huefner) (Harrison, Gregory) Modified Docket Text on 10/17/2017 (bjc). |
| Filing 32 DEPOSITION of Robert Kattine by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A - September 13, 2017 Deposition of Robert Kattine) (Harrison, Gregory) Modified Docket Text on 10/17/2017 (bjc). |
| Filing 31 DEPOSITION of John Regan by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A - March 15, 2016 Deposition of John Regan) (Harrison, Gregory) Modified Docket Text on 10/17/2017 (bjc). |
| Filing 30 DEPOSITION of Trent Richardson taken 9/20/2017 by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) Modified docket text on 10/16/2017 (eh). |
| Filing 29 NOTICE of Filing Deposition of Trent Richardson by Plaintiffs Mary Kattine, Robert Kattine (Bakst, Jeffrey) Modified docket text on 10/16/2017 (eh). |
| Filing 28 DEPOSITION of John Carlson taken on 05/17/2017 by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) |
| Filing 27 NOTICE of Filing Deposition of John Carlson by Plaintiffs Mary Kattine, Robert Kattine (Bakst, Jeffrey) Modified docket text on 10/16/2017 (eh). |
| Filing 26 Verification of Plaintiffs Mary Kattine's and Robert Kattine's First Amended Responses to Defendant State Farm Mutual Automobile Insurance Company's First Set of interrogatories and Request for Production of Documents by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) Modified docket text on 10/16/2017 (eh). |
| Filing 25 NOTICE of Filing Verified Amended Responses of Robert Kattine to State Farm's First Set of Interrogatories and Request for Production of Documents by Plaintiffs Mary Kattine, Robert Kattine (Bakst, Jeffrey) Modified docket text on 10/16/2017 (eh). |
| Filing 24 AFFIDAVIT of Dr. Merritt Oleski by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) Modified docket text on 10/16/2017 (eh). |
| Filing 23 NOTICE of Filing the Affidavit of Dr. Merritt Oleski by Plaintiffs Mary Kattine, Robert Kattine (Bakst, Jeffrey) Modified docket text on 10/16/2017 (eh). |
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Filing 22
ORDER granting #21 Joint Motion to Amend the 11/22/16 Scheduling Order (doc. 10).The Discovery Cut-Off shall be extended from 9/1/17 to and including 10/2/17. The Dispositive Motion Deadline shall be extended from 9/15/17 up to and including 10/16/17. Signed by Magistrate Judge Karen L. Litkovitz on 9/1/17. (sct)
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| Filing 21 Joint MOTION for Extension of Time New date requested 10/2/2017. and Dispositive Motion Deadline October 16, 2017 by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: #1 Text of Proposed Order Order Granting Joint Motion to Amend the November 22, 2016 Scheduling Order) (Harrison, Gregory) |
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Filing 20
ORDER granting #19 Motion for Leave to Appear Pro Hac Vice of Louis E. Bricklin. Signed by Judge William O. Bertelsman on 8/30/2017. (jlw)
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| Filing 19 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6091017) of Louis Evan Bricklin by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Harrison, Gregory) (Additional attachment(s) added on 8/28/2017: #2 Text of Proposed Order Pro Hac Vice) (art). |
| Filing 18 NOTICE of Change of Address by Rand L McClellan (McClellan, Rand) |
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Filing 17
ORDER granting non-party Grange Mutual Casualty Company's #11 Motion to modify the third-party subpoena issued to John Carlson. The subpoena is Modified to exclude deposition testimony about the impact of the Agreement between Grange and State Farm on Grange and Boone's decision to proceed to trial in Kattine v. Boone (Ham. County C.P. Ct.), and the impact of the Agreement on the settlement process. Signed by Magistrate Judge Karen L. Litkovitz on 4/25/2017. (art)
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| Filing 16 REPLY to Response to Motion re #11 MOTION Modify Subpoena filed by Movant Grange Mutual Casualty Company. (McClellan, Rand) |
| Filing 15 RESPONSE in Opposition re #11 MOTION Modify Subpoena filed by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) |
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Filing 14
ORDER granting plaintiffs' #13 Motion for Extension of Time to File Response to #11 MOTION Modify Subpoena. Plaintiffs shall have until 3/31/2017 to file their memorandum in opposition to Grange Insurance Company's motion to modify the subpoena to John Carlson. Signed by Magistrate Judge Karen L. Litkovitz on 3/28/2017. (art)
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| Notice of Correction re: #12 MOTION for Extension of Time to File Response/Reply as to #11 MOTION Modify Subpoena New date requested 3/31/2017. This document was filed in error. Counsel refiled the motion as #13 . Clerk terminated the motion and restricted entry to court users only. (jlw) |
| Filing 13 MOTION for Extension of Time to File Response/Reply as to #11 MOTION Modify Subpoena New date requested 3/31/2017. by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) Modified to clarify docket text on 3/28/2017 (jlw). |
| Filing 12 *DISREGARD THIS MOTION IT WAS FILED IN ERROR* MOTION for Extension of Time to File Response/Reply as to #11 MOTION Modify Subpoena New date requested 3/31/2017. by Plaintiff Mary Kattine. (Bakst, Jeffrey) Modified to terminate motion and to restrict entry to court users only on 3/28/2017 (jlw). |
| Filing 11 MOTION Modify Subpoena by Movant Grange Mutual Casualty Company. (Attachments: #1 Exhibit A - Carlson Subpoena, #2 Exhibit B - Email from R. McClellan to J. Bakst, #3 Exhibit C - Letter from J. Bakst to R. McClellan, #4 Exhibit D - Floyd Declaration) (McClellan, Rand) |
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Filing 10
ORDER signed by Judge William O. Bertelsman on 11/22/2016. IT IS ORDERED that the following schedule shall govern the course of this litigation: 1. Amendment of the complaint, addition of parties, claims, factual allegations 02/28/17. 2. Dates to exchange lists of expert witnesses and furnish copies of expert reports Plaintiffs: 03/31/17, Defendants: 05/30/17, Rebuttal: 07/14/17. 3. 3. Discovery (Fact) Cutoff: 09/01/17. 4. Settlement Conference at: TBD. 5. 5. Last date to file dispositive motions not directed to the pleadings: 09/15/17. 6. Final Pretrial Conference: TBD. 7. Trial: TBD. 8. IT IS FURTHER ORDERED that this case be, and is hereby, REFERRED to the Honorable Karen L. Litkovitz, United States Magistrate Judge, to supervise discovery and pretrial proceedings. (jlw) Modified docket text on 11/23/2016 (eh).
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| Filing 9 RULE 26(f) REPORT amended rule 26(f) by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) |
| Filing 8 RULE 26(f) REPORT by Plaintiffs Mary Kattine, Robert Kattine. (Bakst, Jeffrey) |
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Filing 7
ORDER - Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, the parties shall confer no later than November 11, 2016 to consider the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by Rule 26(a)(1), and to develop a proposed discovery plan. Such proposed schedule shall be filed no later than November 18, 2016.. Signed by Judge William O. Bertelsman on 11/2/2016. (jlw)
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| Filing 6 CERTIFICATE OF SERVICE by Defendant State Farm Mutual Automobile Insurance Company re #4 Notice of Appearance (Harrison, Gregory) |
| Notice Other re Notice of Appearance #4 : The document was filed without a certificate of service which is required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filing use the Certificate of Service event found under Civil Events-Initial Pleadings and Service-Service of Process and link the event to the Notice of Appearance when prompted. (jee) |
| Filing 5 ANSWER to #1 Complaint, of Defendant State Farm Mutual Automobile Insurance Company filed by State Farm Mutual Automobile Insurance Company. (Harrison, Gregory) |
| Filing 4 NOTICE of Appearance by Gregory Alan Harrison for Defendant State Farm Mutual Automobile Insurance Company (Harrison, Gregory) |
| Set/Reset Deadlines: State Farm Mutual Automobile Insurance Company answer due 10/31/2016. (jee) |
| Filing 3 WAIVER OF SERVICE Returned Executed. Waiver sent to State Farm Mutual Automobile Insurance Companyon 9/1/2016, answer due 10/31/2016. (Bakst, Jeffrey) Modified to correct party name and set answer date to correct party on 10/4/2016 (jee). |
| Filing 2 *DISREGARD THIS ENTRY IT WAS FILED IN ERROR* REQUEST FOR WAIVER of Service sent to Jeffrey S. Bakst on 09/30/2016 by Plaintiff Mary Kattine. Waiver of Service due by 10/28/2016. (Bakst, Jeffrey) Modified to restrict entry to court users only on 10/4/2016 (jlw). |
| Notice of Correction re: #2 Request for Waiver of Service This document was filed incorrectly. Counsel was notified and will refile using the correct event. Clerk restricted #2 to court users only. (jlw) Modified to correct document number on 10/4/2016 (jlw). |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh) |
| Filing 1 COMPLAINT with JURY DEMAND against State Farm Mutual Automobile Insurance Company ( Filing fee $ 400 paid - receipt number: 0648-5639494), filed by Mary Kattine, Robert Kattine. (Attachments: #1 Civil Cover Sheet) (Bakst, Jeffrey) |
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