McPheeters, et al v. United Services Automobile Association, et al
| Roberta A. McPheeters, Roberta McPheeters, Latondra Traylor, Bernard Ivory, Shauna Cavallaro and Walter Mott |
| USAA, United Services Automobile Association, USAA Casualty Insurance Company and Garrison Property and Casualty Insurance Company |
| 1:2020cv00414 |
| May 22, 2020 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Matthew W McFarland |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on December 5, 2022. A more recent docket listing may be available from PACER.
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Filing 98
ORDER APPROVING SETTLEMENT AND JUDGMENT OF DISMISSAL WITH PREJUDICE. Signed by Judge Matthew W. McFarland on 12/05/2022. (kaf)
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| Minute Entry for proceedings held before Judge Matthew W. McFarland: Final Approval Hearing held on 12/05/2022. Present in Court were Attorney Edmund A. Normand, counsel for Plaintiffs, and Attorneys Rodger L. Eckelberry and Mathew G. Drocton, counsel for USAA. No objectors present. The Court took the matter under advisement. (Court Reporter: Julie Wolfer) (kaf) |
| Filing 97 Unopposed MOTION for Attorney Fees and Costs, and Service Awards by Plaintiff Shauna Cavallaro. (Attachments: #1 Exhibit 1 (Declaration of J. Phillips)) (Phillips, Jacob) |
| Filing 96 Unopposed MOTION Final Approval of Proposed Class Settlement by Plaintiff Shauna Cavallaro. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Phillips, Jacob) |
| Filing 95 ANSWER to #94 Amended Complaint,, Sixth Amended Complaint filed by All Defendants. (Eckelberry, Rodger) |
| Filing 94 AMENDED COMPLAINT Sixth Amended Class Action Complaint against All Defendants, filed by Walter Mott. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Valuation Estimate, #3 Exhibit C- Settlement Explanation, #4 Exhibit D - Traylor Valuation Report, #5 Exhibit E - Traylor Settlement Explanation, #6 Exhibit F - Ivory Valuation Report, #7 Exhibit G - Ivory Settlement Explanation, #8 Exhibit H- Mott Valuation Report, #9 Exhibit I - Mott Settlement Explanation) (Edelsberg, Scott) |
| Filing 93 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #92 Amended Complaint,, filed by Walter Mott., and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #92 Amended Complaint,, filed by Walter Mott. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 8/4/2022. (kl) |
| Filing 92 AMENDED COMPLAINT Sixth Amended Class Action Complaint for Damages against All Defendants, filed by Walter Mott. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Valuation Estimate, #3 Exhibit C - Settlement Explanation, #4 Exhibit D - Traylor Valuation Report, #5 Exhibit E - Traylor Settlement Explanation, #6 Exhibit F - Ivory Valuation Report, #7 Exhibit G - Ivory Settlement Explanation, #8 Exhibit H - Mott Valuation Report, #9 Exhibit I - Mott Settlement Explanation) (Edelsberg, Scott) |
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Filing 91
ORDER PRELIMINARILY APPROVING SETTLEMENT AND DIRECTING NOTICE TO THE CLASS.Final Approval Hearing: December 5, 2022 at 11:00 AM in Courtroom 4 - Cincinnati before Judge Matthew W. McFarland. Signed by Judge Matthew W. McFarland on 07/22/2022. (kaf)
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NOTATION ORDER: This matter is before the Court on Plaintiffs' Unopposed Motion for Leave to File Sixth Amended Class Action Complaint (Doc. #88 ). For good cause shown, the motion is GRANTED. Plaintiffs may file the Sixth Amended Complaint. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 07/22/2022. (kaf)
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| Filing 88 Unopposed MOTION for Leave to File Sixth Amended Complaint by Plaintiff Shauna Cavallaro. (Attachments: #1 Exhibit 1 (Proposed Am. Compl.)) (Phillips, Jacob) |
| Filing 87 Unopposed MOTION for Settlement (Preliminary Approval of Proposed Class Action Settlement) by Plaintiff Shauna Cavallaro. (Attachments: #1 Exhibit A (Settlement Agreement), #2 Exhibit B (Decl. of J. Phillips), #3 Exhibit C (Decl. of M. Ungar)) (Phillips, Jacob) |
| Filing 90 JUDGMENT OF USCA: The petition for permission to appeal is denied. Note: No Mandate to issue. (er) |
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Filing 89
ORDER OF USCA, case no. 22-0301: The petition for permission to appeal is DENIED. Note: No mandate to issue. (er)
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Filing 86
ORDER REASSIGNING CASE. Case reassigned to Judge Matthew W. McFarland for all further proceedings. Judge Timothy S. Black no longer assigned to case. Signed by Chief Judge Algenon L. Marbley on 6/1/22. (jcw)
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NOTATION ORDER granting #85 Motion for Leave to Appear Pro Hac Vice of Rachel Dapeer as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Timothy S. Black on 4/12/2022. (eh)
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| Filing 85 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8817255) of Rachel Dapeer by Plaintiffs Shauna Cavallaro, Bernard Ivory, Latondra Traylor. (Attachments: #1 Exhibit Certificate of Good Standing (Rachel Dapeer)) (Scott, Stuart) |
| Filing 84 REDACTION Plaintiffs' Response in Opposition to Defendants' Motion for Judgment on the pleadings or to certify question to Ohio Supreme Court, and to Stay Discovery by Plaintiff Roberta McPheeters. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Marked as Confidential - Filed under seal, #3 Exhibit C - Marked as Confidential - Filed under seal, #4 Exhibit D - Marked as Confidential - Filed under seal, #5 Exhibit E - McPheeters Settlement Explanation, #6 Exhibit F - Betts MSJ, #7 Exhibit G -Stephens Motion, #8 Exhibit H -Stephens Reply, #9 Exhibit I - Mack MTD, #10 Exhibit J - Mack Reply, #11 Exhibit K - Mask Response, #12 Exhibit L - Estimate, #13 Exhibit M - Traylor MVR) (Gold, Christopher) |
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Filing 83
ORDER granting #55 Defendants' Motion for Leave to Appeal and Motion for Stay Pending Appeal. Signed by Judge Timothy S. Black on 1/14/2022. (rrs)
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| Case Stayed (rrs) |
| Filing 82 REPLY to Response to Motion re #76 MOTION for Leave to File Counterclaim Against Plaintiff Bernard Ivory filed by Defendant USAA Casualty Insurance Company. (Attachments: #1 Exhibit A - Audio Recordings, #2 Exhibit B - Audio Transcripts, #3 Exhibit C - Background Report, #4 Exhibit D - Drocton Declaration, #5 Exhibit E - Cloyd Transcript, #6 Exhibit F - Nottingham Declaration, #7 Exhibit G - Fahrentold Declaration) (Eckelberry, Rodger) |
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Notation Order: This civil case is before the Court on the renewed motion (Doc. #81 ) of Attorney Joshua Moyer to withdraw as counsel from Plaintiffs. Consistent with requirements of S.D. Ohio Civ. R 83.4(c), the motion has been served on the Plaintiffs and establishes good cause for the withdrawal. (Doc. #81 ). For good cause shown, Moyer's motion for leave to withdraw is GRANTED. (Doc. #81 ). IT IS SO ORDERED. Signed by Judge Timothy S. Black on 1/5/2022. (rrs)
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| Filing 81 MOTION to Withdraw as Attorney by Plaintiffs Bernard Ivory, Roberta McPheeters, Latondra Traylor. (Moyer, Joshua) |
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Notation Order: This civil action is before the Court on Defendant's unopposed motion (Doc. #80 ) for an extension of time to file a reply in support of its motion for leave to file counterclaims. (Doc. #76 ). For good cause shown, the motion is GRANTED. (Doc. #80 ). Defendant's reply is now due by January 12, 2022. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 12/28/2021. (rrs)
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| Filing 80 MOTION for Extension of Time to File Response/Reply as to #78 Response in Opposition to Motion, New date requested 1/12/2022. [Defendant USAA Casualty Insurance Company's Unopposed Motion for Extension of Time to File Reply Brief to Plaintiff's Response in Opposition] by Defendant USAA Casualty Insurance Company. (Attachments: #1 Text of Proposed Order) (Eckelberry, Rodger) |
| Filing 79 REPLY to Response to Motion re #75 MOTION to Strike #73 Answer to Amended Complaint [Affirmative Defenses] filed by Plaintiffs Shauna Cavallaro, Bernard Ivory, Latondra Traylor. (Phillips, Jacob) |
| Filing 78 RESPONSE in Opposition re #76 MOTION for Leave to File Counterclaim Against Plaintiff Bernard Ivory filed by Plaintiff Shauna Cavallaro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Phillips, Jacob) |
| Filing 77 RESPONSE to Motion re #75 MOTION to Strike #73 Answer to Amended Complaint [Affirmative Defenses] filed by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Eckelberry, Rodger) |
| Filing 76 MOTION for Leave to File Counterclaim Against Plaintiff Bernard Ivory by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Attachments: #1 Exhibit A - Counterclaims with Exhibits, #2 Exhibit B1 - Policy Declaration, #3 Exhibit B2 - Policy Declaration, #4 Exhibit B3 - Policy Declaration, #5 Exhibit B4 - Policy Declaration, #6 Exhibit B5 - Policy Declarations, #7 Exhibit B6 - Policy Declarations, #8 Exhibit B7 - Policy Declarations, #9 Exhibit B8 - Policy Declarations, #10 Exhibit B9 - Policy Declarations, #11 Exhibit B10 - Policy Declarations, #12 Exhibit B11 - Policy Declarations, #13 Exhibit B12 - Policy Declarations, #14 Exhibit B13 - Policy Declarations, #15 Exhibit B14 - Policy Declarations, #16 Exhibit B15 - Policy Declarations, #17 Exhibit C - Ivory Depo Transcript, #18 Exhibit D - 2017 Youthful Operator Call, #19 Exhibit E - August 2017 to September 2017 Declaration, #20 Exhibit F - Cloyd Depo Transcript, #21 Exhibit G - Experian Auto Report 2005 Tahoe, #22 Exhibit H - 2018 A3 CarFax, #23 Exhibit H1 - Silverado Policy Declaration, #24 Exhibit H2 - Silverado Policy Declaration, #25 Exhibit H3 - Silverado Policy Declarations, #26 Exhibit H4 - Silverado Policy Declarations, #27 Exhibit I - 2013 Silverado CarFax, #28 Exhibit J - Ivory Certified Policy, #29 Text of Proposed Order) (Eckelberry, Rodger) |
| Filing 75 MOTION to Strike #73 Answer to Amended Complaint [Affirmative Defenses] by Plaintiffs Shauna Cavallaro, Bernard Ivory, Roberta McPheeters, Latondra Traylor. (Attachments: #1 Exhibit A, #2 Exhibit B) (Phillips, Jacob) |
| Filing 74 Joint MOTION to Set Briefing Schedule for Class Certification by Plaintiff Shauna Cavallaro. (Phillips, Jacob) |
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Notation Order: This civil case is before the Court on attorney Joshua Moyer's motion to withdraw as counsel from Plaintiffs. (Doc. #72 ). As co-counsel, Moyer may effectuate withdrawal either by filing a notice signed by the trial attorney pursuant to Local Rule 83.4(d) or, if the trial attorney is unwilling or unable to sign the notice, by motion pursuant to Local Rule 83.4(c)(2). Moyer has filed a motion and thus must meet the requirements of 83.4(c)(2). Among the requirements, the motion to withdraw "must be served upon the client, and the certificate of service must so state." Local Rule 83.4(c)(2). Moyer's motion states "Plaintiffs have received notice of Joshua Moyer's withdrawal" (Doc. #72 at PageID# 2602) (emphasis added), but the certificate of service does not indicate service of the motion upon Moyer's clients. (Id. at PageID# 2604). Accordingly, the motion is DENIED without prejudice. (Doc. #72 ). Moyer may either renew his motion, properly serving Plaintiffs and stating as much on the certificate of service; or may file a notice signed by Plaintiffs' trial attorney pursuant to Local Rule 83.4(d). IT IS SO ORDERED. Signed by Judge Timothy S. Black on 11/23/2021. (rrs)
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| Filing 73 ANSWER to #71 Amended Complaint, Fifth Amended Complaint filed by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Eckelberry, Rodger) |
| Filing 72 MOTION to Withdraw as Attorney by Plaintiffs Bernard Ivory, Roberta McPheeters, Latondra Traylor. (Moyer, Joshua) |
| Filing 71 AMENDED COMPLAINT Fifth Amended Complaint against All Defendants, filed by Shauna Cavallaro. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Cavallaro Valuation, #3 Exhibit C - Cavallaro Settlement, #4 Exhibit D - Traylor Valuation, #5 Exhibit E - Traylor Settlement, #6 Exhibit F - Ivory Valuation, #7 Exhibit G - Ivory Settlement) (Edelsberg, Scott) |
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Filing 70
ORDER: (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO DISMISS, FOR CIVIL SANCTIONS AND FOR DISCOVERY (Doc. 56); (2) GRANTING SHAUNA CAVALLAROS UNOPPOSED MOTION FOR INTERVENTION (Doc. 62); AND (3)GRANTING PLAINTIFFS COUNSELS MOTION TO WITHDRAW AS ATTORNEY ONLY AS TO ROBERTA MCPHEETERS (Doc. 64). - 1. Plaintiffs motion is granted in part and denied in part as follows: a. Defendants motion to dismiss is GRANTED as to Roberta McPheeters a.k.a Charlita McPheeters only. (Doc. #56 ). This dismissal is without prejudice to the real Roberta McPheeters. Roberta McPheeters is hereby TERMINATED as a party. b. Defendants motion for discovery into Plaintiffs counsels conduct is DENIED without prejudice. (Doc. #56 ). c. Defendants motion for civil contempt against Charlita McPheeters is DENIED without prejudice. (Doc. #56 ). 2. Shauna Cavallaros unopposed motion to intervene is GRANTED. (Doc. #62 ). Sua sponte, the Court grants Plaintiffs leave to file a Fifth Amended complaint with Cavallaros allegations included. 3. Plaintiffs counsels motion for leave to withdraw as attorney for Roberta McPheeters only is GRANTED. (Doc. #64 ).. Signed by Judge Timothy S. Black on 10/28/2021. (bjc)
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| Filing 69 AFFIDAVIT Declaration of Rodger Eckelberry re #68 Reply by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Eckelberry, Rodger) Modified on 9/27/2021 (kl). Modified to create association on 9/27/2021 (kl). |
| Filing 68 REPLY to Response to Motion re #56 MOTION for Order to Show Cause and Civil Contempt Motion for Contempt Reply in Support filed by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Eckelberry, Rodger) |
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Filing 66
ORDER granting Plaintiffs' unopposed Motion to Review Documents in Camera and for Leave to File Under Seal (Doc. #63 ). Signed by Judge Timothy S. Black on 9/21/2021. (rrs)
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| Filing 65 RESPONSE to Motion re #56 MOTION for Order to Show Cause and Civil Contempt Motion for Contempt filed by Plaintiffs Bernard Ivory, Roberta McPheeters, Latondra Traylor. (Attachments: #1 Exhibit A) (Phillips, Jacob) |
| Filing 64 MOTION to Withdraw as Attorney by Plaintiff Roberta McPheeters. (Phillips, Jacob) |
| Filing 63 MOTION for InCamera Review of Exhibit A to Plaintiff's Response to Defendant's Motion for an Order to Show Cause and Civil Contempt by Plaintiffs Bernard Ivory, Roberta McPheeters, Latondra Traylor. (Attachments: #1 Text of Proposed Order) (Moyer, Joshua) |
| Filing 62 Unopposed MOTION to Intervene as Class Representative by Plaintiff Latondra Traylor. (Attachments: #1 Exhibit A, #2 Exhibit B (Part I of III), #3 Exhibit B (Part II of III), #4 Exhibit B (Part III of III)) (Phillips, Jacob) |
| Filing 61 REPLY to Response to Motion re #55 MOTION to Certify Order for Interlocutory Review (Amend/Correct #53 ORDER) filed by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Eckelberry, Rodger) Modified docket text on 9/10/2021 (eh). |
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NOTATION ORDER granting #60 Motion for Leave to Appear Pro Hac Vice of Edmund A. Normand as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Timothy S. Black on 9/20/2021. (eh)
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| Filing 60 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8474250) of Edmund A. Normand by Plaintiffs Bernard Ivory, Latondra Traylor. (Attachments: #1 Exhibit Certificate of Good Standing of Scott Edelsberg of Edmund A. Normand) (Scott, Stuart) |
| Filing 59 NOTICE by Defendant United Services Automobile Association re Order on Motion for Leave to File, [Notice of Manual Filing] (Eckelberry, Rodger) |
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Notation order: This civil case is before the Court on Defendant's unopposed motion (Doc. #58 ) for leave to manually file a video deposition and an audio interview that cannot be filed electronically. For good cause shown, the motion is GRANTED. (Doc. #58 ). Defendant SHALL file the deposition video and audio interview manually. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/30/2021. (rrs)
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| USB received this date from Defendant United Services Automobile Association (re #59 Notice of Manual Filing) and forwarded to the chamber of Judge Timothy S. Black. (eh) |
| Filing 58 Unopposed MOTION for Leave to File Manually Video Deposition of Roberta McPheeters and Audio Interview With Charlita McPheeters by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Attachments: #1 Text of Proposed Order) (Eckelberry, Rodger) |
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Notation order: This civil case is before the Court on Defendant's motion for an order to show cause and civil contempt against a non-party. (Doc. #56 ). The motion contains, inter alia, serious allegations about an illusory lead plaintiff and possible fraud perpetrated on the Court by a non-party. The Court is also aware that the deadline for the class certification motion is 9/7/2021. (7/21/2021 notation order). Accordingly, Plaintiffs SHALL respond to the Defendant's motion (Doc. #56 ) for an order to show cause and civil contempt on or before 9/10/2021. The Court VACATES the deadlines for class certification briefing, responses in opposition and replies. (7/21/2021 notation order). After receiving Plaintiffs' response, the Court will contact the parties about moving forward, including, if necessary, setting new dates for class certification briefing and/or scheduling a status conference. The foregoing does not disturb briefing deadlines relevant to Defendant's motion to certify an order for interlocutory review. (Doc. #55 ). IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/27/2021. (rrs)
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| Filing 57 RESPONSE in Opposition re #55 MOTION to Amend/Correct #53 Order on Motion for Judgment on the Pleadings,, Order on Motion to File Document Under Seal,, Order on Motion for Extension of Time,, Order on Motion to Seal Document,, Order on Motion for Leave to File, filed by Plaintiffs Bernard Ivory, Latondra Traylor. (Attachments: #1 Exhibit Mendakota Order, #2 Exhibit Wagner Order) (Phillips, Jacob) |
| Filing 56 MOTION for Order to Show Cause and Civil Contempt by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Attachments: #1 Exhibit A - Perino Declaration, #2 Exhibit B - Eckelberry Declaration, #3 Exhibit C - Declaration of Robert L. Steinmetz, #4 Exhibit D - Transcript of Roberta McPheeters Deposition, #5 Exhibit E - Video of Roberta McPheeters Deposition Cover Page, #6 Exhibit F - Drocton Declaration, #7 Exhibit G - Drug Abuse Docket, #8 Exhibit H - Witness Intimidation Docket, #9 Exhibit I - Passing Bad Checks Docket) (Eckelberry, Rodger). Added Motion for Contempt on 8/27/2021 (kl). |
| Filing 55 MOTION to Certify Order for Interlocutory Review (Amend/Correct #53 ORDER) by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Eckelberry, Rodger) Modified docket text on 8/6/2021 (eh). |
| Set/Reset Deadlines (rrs) |
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Notation Order: This civil action is before the Court on Plaintiffs' unopposed motion (Doc. #54 ) for an extension of time to file a motion for class certification. For good cause shown, the motion is GRANTED (Doc. #54 ). Plaintiff's deadline to file a motion for class certification is now 09/07/2021. Defendant's deadline to respond to the motion for class certification is now 10/12/2021. The deadline for Plaintiff's reply is now 11/09/2021. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/21/2021. (rrs)
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| Filing 54 Unopposed MOTION for Extension of Time New date requested 9/7/2021. to File Motion for Class Certification by Plaintiffs Bernard Ivory, Roberta McPheeters, Latondra Traylor. (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Unopposed Motion for Extension of Time to File Motion for Class Certification) (Hulick, Kevin) |
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Filing 53
ORDER: (1) denying Defendants' Motion for Judgment on the Pleadings (Doc. #32 ); (2) denying Defendants' Motion to Certify a Question of Controlling Law (Doc. #32 ); (3) denying as moot Defendants' Motion to Stay Discovery (Doc. #32 ); and (4) granting in part Defendants' Motion to Seal (Doc. #41 ). Signed by Judge Timothy S. Black on 7/13/2021. (rrs)
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NOTATION ORDER granting #52 Motion for Leave to Appear Pro Hac Vice of Joshua Moyer as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Timothy S. Black on 7/1/2021. (eh)
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| Filing 52 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8382815) of Joshua Moyer by Plaintiffs Bernard Ivory, Roberta McPheeters, Latondra Traylor. (Attachments: #1 Exhibit Certificate of Good Standing of Joshua Moyer) (Scott, Stuart) |
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NOTATION ORDER granting #51 Motion for Leave to Appear Pro Hac Vice of Christopher C. Gold as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously.Signed by Judge Timothy S. Black on 4/26/2021. (eh)
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| Filing 51 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8279151) of Christopher C. Gold by Plaintiffs Bernard Ivory, Roberta McPheeters, Latondra Traylor. (Attachments: #1 Exhibit Certificate of Good Standing of Christopher Gold) (Scott, Stuart) |
| Filing 49 Response re #48 to Defendant's Ntc. of Suppl. Auth. re: Coleman v. Garrison Prop by Plaintiffs Bernard Ivory, Roberta McPheeters, Latondra Traylor. (Phillips, Jacob) Modified To Add Document Link on 4/6/2021 (bjc). |
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Notation Order: This civil action is before the Court on Plaintiffs' telephonic request to file their opposition to Defendants' motion for judgment on the pleadings (Doc. #32 ) under seal. The Court previously temporarily granted Plaintiffs leave to file the document under seal (see 2/4/2021 Notation Order); however, the opposition has yet to be docketed. The Court finds this an inadvertent mistake, given Plaintiffs filed a notice of service of the opposition to Defendants (Doc. #38 ) and Defendants filed a reply to Plaintiffs' opposition (Doc. #42 ). Accordingly, the Court will construe Plaintiffs' opposition to the motion for judgment on the pleadings as timely. On or before 3/30/2021, Plaintiffs SHALL provide a copy of the opposition as served on opposing counsel and to be docketed under seal via email to Chambers (black_chambers@ohsd.uscourts.gov). Plaintiffs SHALL copy defense counsel on the email. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/30/2021. (rrs)
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| Filing 48 NOTICE of Supplemental Authority in Support of #32 Motion for Judgment on the Pleadings or, Alternatively, to Certify a Controlling Question of Law to The Supreme Court of Ohio by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association (Attachments: #1 Exhibit A - Supplemental Authority Coleman v. Garrison) (Eckelberry, Rodger) Modified docket text on 3/22/2021 (kl). |
| Filing 47 RESPONSE to Motion re #46 MOTION for Leave to File a Reply Instanter filed by Plaintiff Roberta McPheeters. (Edelsberg, Scott) |
| Filing 46 MOTION for Leave to File a Reply Instanter re Doc. #41 by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Attachments: #1 Exhibit Reply ISO Motion to Seal) (McClellan, Rand) Modified to include document relationship on 3/9/2021 (kl). |
| Filing 45 NOTICE by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association re #41 MOTION to Seal Document #38 Notice (Other), (Attachments: #1 Declaration) (Drocton, Mathew) |
| Filing 44 NOTICE of Appearance by Rand L McClellan for Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association (McClellan, Rand) |
| Filing 43 RESPONSE in Opposition re #41 MOTION to Seal Document #38 Notice (Other), filed by Plaintiff Roberta McPheeters. (Shamis, Andrew) |
| Filing 42 REPLY to Response to Motion re #37 MOTION to File Document Under Seal, #32 MOTION for Judgment on the Pleadings or, Alternatively, to Certify a Controlling Question of Law to The Supreme Court of Ohio filed by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Eckelberry, Rodger) |
| Filing 41 MOTION to Seal Document #38 Notice (Other), by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Drocton, Mathew) |
| Filing 40 Unopposed MOTION for Extension of Time New date requested 2/25/2021. to File Motion for Leave to Seal by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Eckelberry, Rodger) |
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Notation Order: This civil action is before the Court on Defendants' unopposed motion for extension of time (Doc. #39 ) to file a reply in support of Defendants' motion for judgment on the pleadings or alternatively to certify a controlling question of law to the Ohio Supreme Court (Doc. #32 ). For good cause shown, the motion for extension of time (Doc. #39 ) is GRANTED. Defendants shall file their reply in support on or before 2/24/2021. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/10/2021. (rrs)
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| Filing 39 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION for Judgment on the Pleadings or, Alternatively, to Certify a Controlling Question of Law to The Supreme Court of Ohio New date requested 2/24/2021. by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Eckelberry, Rodger) |
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Notation Order: This civil action is before the Court on the Plaintiffs' motion to seal (Doc. #37 ) Plaintiffs' opposition to Defendant's motion for judgment on the pleadings (Doc. #32 ) pursuant to the protective order (Doc. #35 ). In order to seal court records, a district court must set forth specific findings and conclusions which justify filing documents under seal. See Shane Grp. Inc. v. Blue Cross Blue Shield, 825 F.3d 299, 306 (6th Cir. 2016). The Court cannot make such a finding at this time, thus the Court TEMPORARILY GRANTS Plaintiff leave to file the opposition under seal. See Local Rule 5.2.1. Plaintiff did not provide timely notice to any potentially-prejudiced party or parties 14 days before filing as required by the protective order. (See Doc. #35 , Sec. 7.4). Accordingly, any party seeking to maintain the seal shall submit a written motion for sealing on or before 2/18/2021. Any opposition to the motion shall be filed within 7 days. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/4/2021. (rrs)
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| Filing 38 NOTICE by Plaintiffs Bernard Ivory, Roberta McPheeters, Latondra Traylor re #37 MOTION to Seal Plaintiffs' Opposition to Defendant's Motion for Judgement on the Pleadings (Attachments: #1 Exhibit A) (Phillips, Jacob) |
| Filing 37 MOTION to Seal Plaintiffs' Opposition to Defendant's Motion for Judgement on the Pleadings by Plaintiff Roberta McPheeters. (Attachments: #1 Exhibit Proposed Order) (Edelsberg, Scott) Modified to correct motion event on 2/4/2021 (eh). |
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Filing 36
AGREED ORDER ESTABLISHING PROTOCOL FOR PRODUCTION OF ELECTRONICALLY STORED INFORMATION. Signed by Judge Timothy S. Black on 1/14/2021. (rrs)
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Filing 35
STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Timothy S. Black on 1/14/2021. (rrs)
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| Filing 34 NOTICE by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association of Filing Agreed Order Establishing Protocol For Production of Electronically Stored Information (Eckelberry, Rodger) |
| Filing 33 NOTICE by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association of Filing Proposed Confidentiality and Protective Order (Attachments: #1 Exhibit A - Protective Order) (Eckelberry, Rodger) |
| Filing 32 MOTION for Judgment on the Pleadings or, Alternatively, to Certify a Controlling Question of Law to The Supreme Court of Ohio by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Attachments: #1 Exhibit A - McPheeters Policy, #2 Exhibit B - Hines v. Victoria Fire Cas Co; Order Granting MTD, #3 Exhibit C - Williams-Diggins Order) (Eckelberry, Rodger) |
| Filing 31 ANSWER to #30 Amended Complaint,, Fourth Amended Complaint filed by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Eckelberry, Rodger) |
| Filing 30 AMENDED COMPLAINT Plaintiffs' Fourth Amended Class Action Complaint against All Defendants, filed by Roberta McPheeters, Bernard Ivory, Latondra Traylor. (Attachments: #1 Exhibit A - McPheeters Policy, #2 Exhibit B - McPheeters Valuation Report (Redacted), #3 Exhibit C - McPheeters Settlement Breakdown, #4 Exhibit D - Traylor Valuation Report (Redacted), #5 Exhibit E - Traylor Settlement Breakdown (Redacted), #6 Exhibit F - Ivory Valuation Report (Redacted), #7 Exhibit G - Ivory Settlement Breakdown) (Scott, Stuart) |
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Notation Order: This civil action is before the Court on Plaintiffs' unopposed motion for leave to file fourth amended class action complaint (Doc. #29 ). For good cause shown, that motion (Doc. #29 ) is GRANTED. Plaintiffs shall forthwith file their fourth amended complaint as a separate docket entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/26/2020. (rrs)
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| Filing 29 Unopposed MOTION for Leave to File Plaintiffs' Fourth Amended Class Action Complaint by Plaintiffs Bernard Ivory, Roberta McPheeters, Latondra Traylor. (Attachments: #1 Exhibit 1 - Plaintiffs' 4th Amended Class Action Complaint with Exs. A-G) (Scott, Stuart) |
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Notation Order: This civil action is before the Court on Defendants' unopposed motion for extension of time. (Doc. #28 ). For good cause shown, that motion (Doc. #28 ) is GRANTED. Accordingly, Defendants shall answer, move, or otherwise plead in response to Plaintiffs' Third Amended Complaint (Doc. #27 ) on or before 11/13/2020. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/21/2020. (rrs)
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| Filing 28 Consent MOTION for Extension of Time to File Answer re #27 Amended Complaint, New date requested 11/13/2020 by Defendants Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association. (Attachments: #1 Text of Proposed Order) (Eckelberry, Rodger) Terminated second motion for extension of time on 10/21/2020 (kl). |
| Filing 27 AMENDED COMPLAINT Plaintiffs' Third Amended Class Action Complaint against Garrison Property and Casualty Insurance Company, United Services Automobile Association, USAA Casualty Insurance Company, filed by Roberta McPheeters, Latondra Traylor, Bernard Ivory, USAA Casualty Insurance Company. (Attachments: #1 Exhibit A - McPheeters Policy, #2 Exhibit B - McPheeters Valuation Report (Redacted), #3 Exhibit C - McPheeters Settlement Breakdown, #4 Exhibit D - Traylor Valuation Report (Redacted), #5 Exhibit E - Traylor Settlement Breakdown (Redacted), #6 Exhibit F - Ivory Valuation Report (Redacted), #7 Exhibit G - Ivory Settlement Breakdown) (Scott, Stuart) |
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Notation Order: This civil action is before the Court on Plaintiffs' unopposed motion for leave to file third amended class action complaint (Doc. #26 ). For good cause shown, that motion (Doc. #26 ) is GRANTED. Plaintiffs shall forthwith file their third amended complaint as a separate docket entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/16/2020. (rrs)
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| Filing 26 Unopposed MOTION for Leave to File Third Amended Class Action Complaint for Damages by Plaintiffs Roberta McPheeters, Latondra Traylor. (Attachments: #1 Exhibit 1 - 3rd Amended Class Action Complaint with Exs. A-G) (Scott, Stuart) |
| Filing 25 ANSWER to #22 Amended Complaint, Second Amended Complaint filed by Garrison Property and Casualty Insurance Company, United Services Automobile Association. (Eckelberry, Rodger) |
| Set Deadlines: United Services Automobile Association answer due 10/14/2020. (bjc) |
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Notation Order: This civil action is before the Court on Defendant United Services Automobile Association's unopposed motion for extension of time to move or plead. (Doc. #24 ). For good cause shown, that motion (Doc. #24 ) is GRANTED. Accordingly, Defendant United Services Automobile Association shall answer, move, or otherwise plead in response to Plaintiffs' Second Amended Complaint (Doc. #22 ) on or before 10/14/2020. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 9/21/2020. (rrs)
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| Filing 24 Consent MOTION for Extension of Time New date requested 10/14/2020. to Move or Plead to Plaintiffs' Second Amended Complaint by Defendant United Services Automobile Association. (Attachments: #1 Text of Proposed Order) (Eckelberry, Rodger) |
| Filing 23 WAIVER OF SERVICE Returned Executed. Waiver sent to Garrison Property and Casualty Insurance Company on 9/16/2020, answer due 11/16/2020. (Scott, Stuart) |
| Filing 22 AMENDED COMPLAINT Plaintiffs' Second Amended Class Action Complaint against All Defendants, filed by Roberta McPheeters, Latondra Traylor, Garrison Property and Casualty Insurance Company. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - McPheeters Valuation Report, #3 Exhibit C - McPheeters Settlement Breakdown, #4 Exhibit D - Traylor Valuation Report, #5 Exhibit E - Traylor Settlement Breakdown) (Scott, Stuart) |
| Filing 21 Unopposed MOTION for Leave to File to File Second Amended Class Action Complaint for Damages by Plaintiff Roberta McPheeters. (Attachments: #1 Exhibit 1 - Proposed Second Amended Class Action Complaint, #2 Exhibit A - Policy, #3 Exhibit B - McPheeters Valuation Report, #4 Exhibit C - McPheeters Settlement Breakdown, #5 Exhibit D - Traylor Valuation Report, #6 Exhibit E - Traylor Settlement Breakdown, #7 Text of Proposed Order Proposed Order on Plaintiff's Unopposed Motion for Leave to File 2nd Amended Class Action Complaint) (Scott, Stuart) |
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Notation Order: This civil action is before the Court on Plaintiff's second unopposed motion for leave to file second amended class action complaint (Doc. #21 ). For good cause shown, that motion (Doc. #21 ) is GRANTED. Plaintiff shall forthwith file her second amended complaint as a separate docket entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 9/15/2020. (rrs)
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| Filing 20 FIRST AMENDED CLASS ACTION COMPLAINT FOR DAMAGES filed by Roberta A. McPheeters against All Defendants. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Valuation Report, #3 Exhibit C - Settlement Breakdown) (Scott, Stuart) Modified docket text on 9/1/2020 (eh). |
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Notation Order: This civil action is before the Court on Plaintiff's unopposed motion for leave to file first amended class action complaint (Doc. #19 ). For good cause shown, that motion is GRANTED. Plaintiff shall forthwith file her first amended complaint as a separate docket entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/31/2020. (rrs)
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| Filing 19 Unopposed MOTION for Leave to File First Amended Class Action Complaint by Plaintiff Roberta A. McPheeters. (Attachments: #1 Exhibit Plaintiffs' Memorandum of Law in Support of Unopposed Motion for Leave to File First Amended Class Action Complaint, #2 Exhibit 1 - First Amended Class Action Complaint for Damages, #3 Exhibit A - Policy, #4 Exhibit B - Valuation Estimate, #5 Exhibit C - Settlement Explanation, #6 Text of Proposed Order Proposed Order) (Scott, Stuart) |
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Filing 18
ORDER denying #9 Motion to Compel Appraisal and Stay Proceedings. Signed by Judge Timothy S. Black on 8/20/2020. (rrs)
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Filing 17
CALENDAR ORDER: Initial Disclosures due by 8/14/2020. Motions to Amend due by 9/30/2020. Motion for Class Certification due by 7/23/2021. Response to Motion for Class Certification due by 8/27/2021. Reply in Support of Motion for Class Certification due by 9/24/2021. Signed by Judge Timothy S. Black on 8/17/2020. (rrs)
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| Filing 16 RULE 26(f) REPORT - CORRECTED by Defendant United Services Automobile Association. (Eckelberry, Rodger) |
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Minute Entry and Notation Order: This civil action came before the Court for a preliminary pretrial conference by telephone on 8/17/2020 at 11:00 a.m. Jacob Phillips and Kevin Hulick appeared on behalf of Plaintiff; Rodger Eckelberry and Carrie Dettmer Slye appeared on behalf of Defendant. On the parties' agreement, discovery is hereby STAYED until the Court rules on Defendant's motion to compel appraisal (Doc. #9 ) which the Court will do expeditiously. A calendar order shall issue by separate entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/17/2020. (rrs)
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| Filing 15 REPLY to Response to Motion re #9 MOTION to Compel Motion of Defendant United Services Automobile Association to Compel Appraisal and Stay Proceedings MOTION to Stay Reply of Defendant United Services Automobile Association in Support of Motion to Compel Appraisal and Stay Proceedings filed by Defendant United Services Automobile Association. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Eckelberry, Rodger) |
| Filing 14 *DISREGARD THIS ENTRY. IT WAS FILED IN ERROR.* AFFIDAVIT in Support re #9 MOTION to Compel Motion of Defendant United Services Automobile Association to Compel Appraisal and Stay Proceedings MOTION to Stay Reply of Defendant United Services Automobile Association in Support of Motion to Compel Appraisal and Stay Proceedings filed by Defendant United Services Automobile Association. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Eckelberry, Rodger) Modified to restrict entry to court users only on 8/13/2020 (kh). |
| Notice of Correction re: #14 Affidavit in Support of Motion, Document filed in error. Counsel will refile using Civil Events Motions and Related Filings Responses and Replies -> Reply to Response to Motion. Clerk restricted #14 to court users only. (kh) |
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NOTATION ORDER granting #13 Motion for Leave to Appear Pro Hac Vice of Jacob L. Phillips as CO-COUNSEL is this matter only. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Timothy S. Black on 8/5/2020. (eh)
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| Filing 13 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7589940) of Jacob L. Phillips by Plaintiff Roberta A. McPheeters. (Attachments: #1 Exhibit Certificate of Good Standing of Jacob L. Phillips) (Scott, Stuart) |
| Filing 12 RESPONSE in Opposition re #9 MOTION to Compel Motion of Defendant United Services Automobile Association to Compel Appraisal and Stay Proceedings MOTION to Stay filed by Plaintiff Roberta A. McPheeters. (Scott, Stuart) |
| Filing 11 RULE 26(f) REPORT of Parties by Defendant United Services Automobile Association. (Eckelberry, Rodger) |
| Filing 10 Corporate Disclosure Statement by Defendant United Services Automobile Association. (Eckelberry, Rodger) |
| Filing 9 MOTION to Compel Motion of Defendant United Services Automobile Association to Compel Appraisal and Stay Proceedings by Defendant United Services Automobile Association. (Eckelberry, Rodger). Added MOTION to Stay on 7/17/2020 (eh). |
| Filing 8 Answer of Defendant United Services Automobile Association ANSWER to #1 Complaint, with Jury Demand filed by United Services Automobile Association. (Eckelberry, Rodger) |
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Notation Order and Notice of Hearing: A Preliminary Pretrial Conference by telephone is set before Judge Timothy S. Black for 8/17/2020 at 11:00 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. Before the pretrial conference, counsel shall comply with the MANDATORY pre-preliminary pretrial conference between counsel, as required by Fed. R. Civ. P. 26(f). THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. Pretrial procedures and forms can be found on our website at: https://www.ohsd.uscourts.gov/FPBlack. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/16/2020. (rrs)
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NOTATION ORDER granting #6 Motion for Leave to Appear Pro Hac Vice of Scott Edelsberg; granting #7 Motion for Leave to Appear Pro Hac Vice of Andrew J Shamis as CO-COUNSEL is this matter only. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Timothy S. Black on 6/22/20. (eh)
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| Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7515166) of Andrew J Shamis by Plaintiff Roberta A. McPheeters. (Attachments: #1 Exhibit Certificate of Good Standing of Andrew J. Shamis) (Scott, Stuart) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7515149) of Scott Edelsberg by Plaintiff Roberta A. McPheeters. (Attachments: #1 Exhibit Certificate of Good Standing) (Scott, Stuart) |
| Set Deadlines re #5 : United Services Automobile Association answer due 7/16/2020. (eh) |
| Filing 5 STIPULATION Stipulated Extension of Time to Move or Plead by Defendant United Services Automobile Association. (Eckelberry, Rodger) |
| Filing 4 SUMMONS Returned Executed as to Defendant United Services Automobile Association. United Services Automobile Association served on 6/4/2020, answer due 6/25/2020. (bjc) |
| Notice of Correction: Please note that doc. #3 Certificate of Clerk contains a typographical error. The document should read Case No. 1:20cv414. (eh) |
| Filing 3 Clerk's CERTIFICATE of Mailing re #1 Complaint and #2 Summons Issued. *Please note that this doc. reflects an incorrect case no. It should say 1:20cv414 and not 1:20cv214. (eh) Modified docket text on 6/2/2020 (eh). |
| Filing 2 Summons Issued as to United Services Automobile Association. (eh) |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh) |
| Filing 1 COMPLAINT with JURY DEMAND against USAA ( Filing fee $ 400 paid - receipt number: 0648-7477051), filed by Roberta A. McPheeters. (Attachments: #1 Civil Cover Sheet, #2 Summons Form USAA, #3 Exhibit A - Policy, #4 Exhibit B - Valuation Estimate, #5 Exhibit C - Settlement Explanation) (Scott, Stuart) |
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