Reeds Jewelers of Niagara Falls, Inc. v. Cincinnati Insurance Company
Plaintiff: Reeds Jewelers of Niagara Falls, Inc.
Defendant: Cincinnati Insurance Company
Case Number: 1:2020cv00649
Filed: August 21, 2020
Court: US District Court for the Southern District of Ohio
Presiding Judge: Matthew W McFarland
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Plaintiff
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This docket was last retrieved on September 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 24, 2021 Opinion or Order Filing 61 ORDER GRANTING MOTION TO DISMISS (Doc. 63 ) AND DENYING MOTION TO STAY (Doc. 66 ) AS MOOT: The Court GRANTS the motion to dismiss and DENIES the motion to stay as moot. The Court TERMINATES the following cases: (1) Troy Stacy Enterprises, Inc., et al. v. Cincinnati Insurance Company, et al., 1:20-cv- 312; (2) Swearingen Smiles LLC, et al v. Cincinnati Insurance Company, et al., l:20-cv-517; (3) Reeds Jewelers of Niagara Falls, Inc. v. Cincinnati Insurance Company, l:20-cv-649; (4) Burning Brothers Brewing LLC, et al. v. Cincinnati Insurance Company, l:20-cv-920. IT IS SO ORDERED.. Signed by Judge Matthew W. McFarland on 09/24/2021. Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (kaf)
September 14, 2021 Filing 60 MOTION for Leave to File Supplemental Authority ( Responses due by 10/5/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - Gilreath, #2 Exhibit 2 - AIKG, #3 Exhibit 3 - Ferrer & Poirot, #4 Exhibit 4 - SFDG, #5 Exhibit 5 - SJP, #6 Exhibit 6 - Manchester Bidwell, #7 Exhibit 7 - Cozzini, #8 Exhibit 8 - Cosmetic Laser, #9 Exhibit 9 - Little Ones, #10 Exhibit 10 - Legacy Sports, #11 Exhibit 11 - Park Place, #12 Exhibit 12 - Stefani, #13 Exhibit 13 - Black Rock, #14 Exhibit 14 - OTG Management, #15 Exhibit 15 - BR Restaurant, #16 Exhibit 16 - JMR, #17 Exhibit 17 - King's Palace, #18 Exhibit 18 - Gateway Clippers, #19 Exhibit 19 - Menominee, #20 Exhibit 20 - Glenn R Edwards, #21 Exhibit 21 - Scherder, #22 Exhibit 22 - Dakota) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael)
August 2, 2021 Filing 59 MOTION for Leave to File Supplemental Authority ( Responses due by 8/23/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - Farmington Village, #2 Exhibit 2 - Vandelay, #3 Exhibit 3 - Melcorp, #4 Exhibit 4 - Byberry, #5 Exhibit 5 - Berkseth-Rojas, #6 Exhibit 6 - Northwell Health, #7 Exhibit 7 - Salvatore's Italian, #8 Exhibit 8 - Benny's Famous, #9 Exhibit 9 - Circle Block, #10 Exhibit 10 - Mt Hawley, #11 Exhibit 11 - Goodwood Brewing) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael)
July 26, 2021 Filing 58 NOTICE by Plaintiff Reeds Jewelers of Niagra Falls, Inc. re (82 in 1:20-cv-00312-MWM-KLL) Notice (Other) Amended Notice of Withdrawal of Attorney Burton S. DeWitt Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Merrill, William)
July 23, 2021 Filing 57 NOTICE by Plaintiff Reeds Jewelers of Niagra Falls, Inc. Withdrawal of Attorney Burton S. DeWitt Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00649-MWM (Merrill, William)
July 14, 2021 Filing 56 NOTICE by Plaintiffs Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC, Eleisha J. Nickoles, DDS, Reeds Jewelers of Niagra Falls, Inc., Swearingen Smiles LLC, Troy Stacy Enterprises Inc., Reeds Jewelers of Niagara Falls, Inc. Notice of Supplemental Authority in Further Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit Exhibit 1) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Abbarno, Kenneth)
July 7, 2021 Filing 55 MOTION for Leave to File Supplemental Authority ( Responses due by 7/28/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - Oral Surgeons, #2 Exhibit 2 - Riverside Dental, #3 Exhibit 3 - Boscov's, #4 Exhibit 4 - Lehigh Valley, #5 Exhibit 5 - LDWB, #6 Exhibit 6 - Mignonette, #7 Exhibit 7 - Till Metro, #8 Exhibit 8 - Capri Holdings) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael)
June 29, 2021 Filing 54 MOTION for Leave to File Supplemental Authority ( Responses due by 7/20/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - System Optics, #2 Exhibit 2 - Chelsea Ventures, #3 Exhibit 3 - Dino Drop, #4 Exhibit 4 - Ryan P Estes, #5 Exhibit 5 - Brown Jug, #6 Exhibit 6 - MMMMM DP, #7 Exhibit 7 - Image Dental, #8 Exhibit 8 - Green Beginnings, #9 Exhibit 9 - Broadway 104, #10 Exhibit 10 - Buffalo Xerographix, #11 Exhibit 11 - Office Solution, #12 Exhibit 12 - SA Hospitality, #13 Exhibit 13 - Deer Mountain, #14 Exhibit 14 - Hartford Fire, #15 Exhibit 15 - Spring House, #16 Exhibit 16 - 44 Hummelstown, #17 Exhibit 17 - Crunch Logistics, #18 Exhibit 18 - Star Buick, #19 Exhibit 19 - Spector Garden, #20 Exhibit 20 - Coleman E Adler, #21 Exhibit 21 - Spottswood, #22 Exhibit 22 - LexFit, #23 Exhibit 23 - Gio Pizzeria, #24 Exhibit 24 - Monday Restaurants, #25 Exhibit 25 - Charles E Padgett, #26 Exhibit 26 - HT Seattle, #27 Exhibit 27 - Nguyen, #28 Exhibit 28 - Accents of Sterling) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael)
June 23, 2021 Filing 53 NOTICE by Plaintiffs Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC, Eleisha J. Nickoles, DDS, Reeds Jewelers of Niagra Falls, Inc., Swearingen Smiles LLC, Troy Stacy Enterprises Inc., Interested Parties Reeds Jewelers of Niagara Falls, Inc., Reeds Jewelers of Niagra Falls, Inc. Plaintiffs' Notice of Supplemental Authority in Further Opposition to Defendants' Motion to Dismiss (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Abbarno, Kenneth)
June 14, 2021 Filing 52 RESPONSE in Opposition re (24 in 1:20-cv-00920-MWM) MOTION to Quash ISO Subpoena filed by Plaintiffs Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC, Eleisha J. Nickoles, DDS, Reeds Jewelers of Niagra Falls, Inc., Swearingen Smiles LLC, Troy Stacy Enterprises Inc., Reeds Jewelers of Niagara Falls, Inc., Eleisha J. Nickoles DDS, Swearingen Smiles LLC, Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC. (Attachments: #1 Affidavit Declaration of Jesse-Justin Cuevas in Support of Plaintiffs' Opposition to Defendants' Motion to Quash Subpoena Duces Tecum to Non-Party Insurance Services Office, Inc., or, in the Alternative, for Protective Order, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Abbarno, Kenneth)
June 4, 2021 Filing 51 REPLY to Response to Motion re (18 in 1:20-cv-00920-MWM) MOTION to Stay Pending Resolution of Certified Questions to the Ohio Supreme Court filed by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - Francois, #2 Exhibit 2 - Santo's, #3 Exhibit 3 - Sanzo) Associated Cases: 1:20-cv-00312-MWM-KLL, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael)
May 24, 2021 Filing 50 MOTION to Quash ISO Subpoena ( Responses due by 6/14/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit A - Subpoena, #2 Exhibit B - Dino Palmieri) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael)
May 21, 2021 Filing 49 RESPONSE in Opposition re (18 in 1:20-cv-00920-MWM) MOTION to Stay Pending Resolution of Certified Questions to the Ohio Supreme Court filed by Plaintiffs Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC, Eleisha J. Nickoles, DDS, Reeds Jewelers of Niagra Falls, Inc., Swearingen Smiles LLC, Troy Stacy Enterprises Inc., Reeds Jewelers of Niagara Falls, Inc., Eleisha J. Nickoles DDS, Swearingen Smiles LLC, Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC. (Attachments: #1 Exhibit 1 - Neuro-Communications Servs. v. Cincinnati - May 20 2021 Stipulation to Extension, #2 Exhibit 2 - Jacob Rieger & Co. v. Cinti Ins. - May 10, 2021 Notation Order, #3 Exhibit 3 - Santo's Italian Cafe LLC v. Acuity Ins. Co. May 4, 2021 Order, #4 Text of Proposed Order) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Freking, Randolph)
May 19, 2021 Filing 48 REPLY to Response to Motion re (15 in 1:20-cv-00920-MWM) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 9 - Akridge Family, #2 Exhibit 10 - Source One, #3 Exhibit 11 - Sanzo, #4 Exhibit 12 - Planet Sub, #5 Exhibit 13 - PSG) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael)
May 17, 2021 Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply as to (67 in 1:20-cv-00312-MWM) Response in Opposition to Motion,, New date requested 5/19/2021. ( Responses due by 6/7/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael)
May 12, 2021 Filing 46 Proposed Stipulated Protective Order Filed Jointly by Plaintiff Reeds Jewelers of Niagra Falls, Inc.. Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Freking, Randolph) Modified docket text on 5/13/2021 (eh).
May 3, 2021 Filing 45 RESPONSE in Opposition re ( #41 in 1:20-cv-00649-MWM, 32 in 1:20-cv-00517-MWM, 63 in 1:20-cv-00312-MWM, 15 in 1:20-cv-00920-MWM) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC, Eleisha J. Nickoles, DDS, Reeds Jewelers of Niagra Falls, Inc., Swearingen Smiles LLC, Troy Stacy Enterprises Inc., Reeds Jewelers of Niagara Falls, Inc., Eleisha J. Nickoles DDS, Swearingen Smiles LLC, Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC. Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Abbarno, Kenneth) Modified to Add Document Link on 5/4/2021 (bjc).
April 30, 2021 Filing 44 Opposed MOTION to Stay Pending Resolution of Certified Questions to the Ohio Supreme Court ( Responses due by 5/21/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit A - Granting Certification, #2 Exhibit B - Certification Order, #3 Exhibit C - Amicus, #4 Exhibit D - Accepting Certification, #5 Exhibit E - Taste of Belgium, #6 Exhibit F - Mama Nina, #7 Exhibit G - Neuro Stay Order, #8 Exhibit H - Nighttown, #9 Exhibit I - Johansing, #10 Exhibit J - Queens Tower, #11 Exhibit K - Carpe Diem, #12 Exhibit L - Ensemble, #13 Exhibit M - Blarney) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael) Modified on 5/3/2021 (kl).
April 27, 2021 Filing 43 RESPONSE to Motion re (16 in 1:20-cv-00920-MWM) MOTION for Leave to File Excess Pages filed by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael)
April 27, 2021 Filing 42 MOTION for Leave to File Excess Pages ( Responses due by 5/18/2021) by Plaintiffs Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC, Eleisha J. Nickoles, DDS, Reeds Jewelers of Niagra Falls, Inc., Swearingen Smiles LLC, Troy Stacy Enterprises Inc., Reeds Jewelers of Niagara Falls, Inc., Eleisha J. Nickoles DDS, Swearingen Smiles LLC, Burning Brothers Brewing LLC, CDC Catering, Inc., Chicago Magic Lounge LLC. (Attachments: #1 Text of Proposed Order) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Freking, Randolph)
April 12, 2021 Filing 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 5/3/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - Steve Foley Cadillac, #2 Exhibit 2 - FS Foods, #3 Exhibit 3 - OH Order, #4 Exhibit 4 - WV Order, #5 Exhibit 5 - MN Order, #6 Exhibit 6 - IL Order, #7 Exhibit 7 - NY Order, #8 Exhibit 8 - PA Order) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael)
March 23, 2021 Filing 40 Unopposed MOTION for Extension of Time to File Answer re (61 in 1:20-cv-00312-MWM) Amended Complaint, New date requested 4/12/2021. ( Responses due by 4/13/2021) by Defendants The Cincinnati Casualty Company, The Cincinnati Financial Corporation, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Text of Proposed Order) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael)
February 26, 2021 Filing 39 AMENDED COMPLAINT against All Defendants, filed by Troy Stacy Enterprises Inc., Burning Brothers Brewing LLC, Swearingen Smiles LLC, Reeds Jewelers of Niagra Falls, Inc., CDC Catering, Inc., Eleisha J. Nickoles, DDS, Chicago Magic Lounge LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Abbarno, Kenneth)
January 22, 2021 Opinion or Order Filing 38 ORDER: On January 15, 2021, the Court consolidated these four related actions and ordered interim co-lead counsel to file a consolidated amended complaint by February 26, 2021. The consolidated amended complaint will moot any motions to dismiss directed at the complaints filed in the individual actions. Those motions, motions related to them, and pending motions related to the motions to consolidate and appoint counsel are DENIED AS MOOT. Also pending in the individual Troy Stacy action are Troy Stacys motion to stay (Doc. #11 ), Cincinnati Insurance's motion to certify questions to the Ohio Supreme Court (Doc. #7 ), and amici's motion for leave to file their brief in support of plaintiff (Doc. #15 ). Troy Stacy's motion for temporary stay sought to stay these proceedings until the Judicial Panel for Multidistrict Litigation (JPML) ruled on the motions to transfer. As the parties are aware, the JPML declined to centralize these cases. E.g., In re Cincinnati Ins. Co. COVID-19 Bus. Interruption Prot. Ins. Litig., --- F. Supp. 3d ----, No. MDL 2962, 2020 WL 5884791, at *1 (U.S. Jud. Pan. Mult. Lit. Oct. 2, 2020). For that reason, the motion to stay is DENIED AS MOOT. Cincinnati Insurance moved to certify questions of law, as it relates to the Troy Stacy action, to the Supreme Court of Ohio. (Docs. #7 , #8 .) But the cases consolidated with that action involve the law of other states. For instance, the Burning Brothers action appears to implicate the state laws of Minnesota, Illinois, and Pennsylvania. (Burning Brothers, 1:20cv920, Complaint at 14.) The Reeds Jewelers action seems to bring in New York law. (Reeds Jewelers, 1:20cv649, Complaint at 11.) Consolidation of these actions changes the state of play in this litigation such that certifying questions to the supreme court of one state would be inappropriateat least on the present motion related to the Troy Stacy case. For that reason, the Court DENIES the motion to certify questions of law to the Supreme Court of Ohio. (Doc. #7 .) Amici move for leave to file a brief in opposition to Cincinnati Insurance's motion to certify questions to the Supreme Court of Ohio. (Doc. #15 .) As the Court has denied that motion, amici's motion for leave is DENIED AS MOOT. Signed by Judge Matthew W. McFarland on 01/21/2021. Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (kaf)
January 20, 2021 Filing 37 Sixth MOTION for Leave to File Supplemental Authority ( Responses due by 2/10/2021) by Defendants The Cincinnati Insurance Company, Cincinnati Insurance Company, The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - Riverside Dental, #2 Exhibit 2 - Webb Dental, #3 Exhibit 3 - 1 Sant, #4 Exhibit 4 - Roundin3rd, #5 Exhibit 5 - Adrian Moody, #6 Exhibit 6 - ATCM, #7 Exhibit 7 - Clear Hearing, #8 Exhibit 8 - Independent Restaurant, #9 Exhibit 9 - TAQ, #10 Exhibit 10 - Ultimate Hearing, #11 Exhibit 11 - Zagafen, #12 Exhibit 12 - Kevin Barry, #13 Exhibit 13 - BA LAX, #14 Exhibit 14 - Carrot Love, #15 Exhibit 15 - O'Brien Sales, #16 Exhibit 16 - Berkseth, #17 Exhibit 17 - Island Hotel, #18 Exhibit 18 - Mena Catering, #19 Exhibit 19 - Sandy Point, #20 Exhibit 20 - Digital Age, #21 Exhibit 21 - Rialto Pockets, #22 Exhibit 22 - K D Unlimited, #23 Exhibit 23 - Ballas Nails, #24 Exhibit 24 - Bluegrass, #25 Exhibit 25 - Palmdale Estates, #26 Exhibit 26 - Baker, #27 Exhibit 27 - Edison Kennedy, #28 Exhibit 28 - Johnson, #29 Exhibit 29 - Drama Camp, #30 Exhibit 30 - Jonathan Oheb, #31 Exhibit 31 - Atma Beauty, #32 Exhibit 32 - Steiner Steakhouse, #33 Exhibit 33 - Tappo, #34 Exhibit 34 - Karen Trinh, #35 Exhibit 35 - Sun Cuisine, #36 Exhibit 36 - VStyles, #37 Exhibit 37 - 1210 McGavock, #38 Exhibit 38 - Bradley Hotel, #39 Exhibit 39 - Mortar and Pestle, #40 Exhibit 40 - Verveine, #41 Exhibit 41 - Emerald Coast, #42 Exhibit 42 - Gerleman, #43 Exhibit 43 - Geragos, #44 Exhibit 44 - BBMS, #45 Exhibit 45 - South Florida) Associated Cases: 1:20-cv-00312-MWM, 1:20-cv-00517-MWM, 1:20-cv-00649-MWM, 1:20-cv-00920-MWM (Farrell, Michael)
January 15, 2021 Opinion or Order Filing 36 ORDER CONSOLIDATING CASES AND APPOINTING INTERIM CO-LEAD COUNSEL: Swearingen Smiles LLC, et al. v.The Cincinnati Insurance Company, No. 1:20-cv-00517-MWM, Reeds Jewelers of Niagara Falls, Inc. v. Cincinnati Insurance Company, No. 1:20-cv-00649-MWM, and Burning Brothers Brewery LLC, et al. v. The Cincinnati Insurance Company, No. 1:20-cv-00920-MWM are consolidated under Fed. R. Civ. P. 42(a) with Troy Stacy Enterprises Inc. v. The Cincinnati Insurance Company, No. 1:20-cv-00312-MWM, the earlier-filed case before this Court. The docket in civil action number 1:20-cv-312-MWM shall constitute the master docket for the Consolidated Action. The parties shall file a notice of related cases whenever a case that should be consolidated into this action is filed in, or transferred to, this District. The following law firms are appointed interim co-lead counsel for the Consolidated Action: DiCello Levitt Gutzler LLC; The Lanier Law Firm; Burns Bowen Bair LLP; and Susman Godfrey LLP. Interim co-lead counsel shall file a consolidated amended complaint inclusive of all plaintiffs in the Consolidated Action on or before February 26, 2021. Defendants shall respond to the consolidated amended complaint within thirty (30) days after service. Signed by Judge Matthew W. McFarland on 01/15/2021. (kaf)
January 12, 2021 Filing 35 STIPULATION Stipulated Protective Order by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Freking, Randolph)
December 31, 2020 Filing 34 MOTION for Leave to File Supplemental Authority in Opposition to Defendant's Motion to Dismiss and Memorandum in Support by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Order in Elegant Massage LLC v. State Farm Mutual Auto Insurance Company, Case No. 2:20-cv-265, #2 Text of Proposed Order) (Freking, Randolph)
December 23, 2020 Filing 33 MOTION for Leave to File Supplemental Authority in Support of Motion to Consolidate and Memorandum in Support by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Order Granting Plaintiffs' Motion to Consolidate and for Appointment of Interim Class Counsel in Milkboy Center City LLC v. The Cincinnati Casualty Company, #2 Exhibit Order Granting Plaintiffs' Joint Motion to Consolidate Cases in Studio 417 Inc., et al v. The Cincinnati Insurance Company and Jacob Rieger & Company, LLC, et al v. The Cincinnati Insurance Company, #3 Text of Proposed Order) (Freking, Randolph)
December 22, 2020 Filing 32 First MOTION for Leave to File Supplemental Authority and Memorandum in Support by Defendant Cincinnati Insurance Company. (Attachments: #1 Exhibit I, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22) (Baniak, Michael)
December 18, 2020 Filing 31 MOTION for Leave to File to File Supplemental Authority in Support of Motion to Consolidate and Memorandum in Support by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Transfer Order in MDL# 2969, dated 12/15/20, #2 Text of Proposed Order) (Freking, Randolph)
December 15, 2020 Opinion or Order NOTATION ORDER granting #21 Motion for Leave to Appear Pro Hac Vice of Daniel G. Litchfield as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 12/15/2020. (eh)
December 14, 2020 Filing 30 NOTICE by Defendant Cincinnati Insurance Company re #21 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7735914) of Daniel G. Litchfield of Filing Certificate of Good Standing (Attachments: #1 Exhibit A-Certificate of Good Standing) (Dettmer Slye, Carrie)
December 8, 2020 Filing 29 NOTICE OF DEFICIENCY re #21 MOTION for Leave to Appear Pro Hac Vice of Daniel G. Litchfield. (eh)
December 8, 2020 Set Deadlines: Notice of Deficiency Response due by 12/22/2020. (eh)
December 4, 2020 Filing 28 MOTION for Leave to File Supplemental Authority in Support of Motion to Consolidate by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Hirschfield-Louik v. The Cincinnati Insurance Company, Consolidation Order, #2 Text of Proposed Order) (Freking, Randolph)
December 4, 2020 Filing 27 MOTION for Leave to File Supplemental Authority in Opposition to Motion to Dismiss and Memorandum in Support by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit JGB Vegas Retail Lessee, LLC v. Starr Surplus Lines Insurance Co., Order Denying Defendant's Motion to Dismiss, #2 Exhibit Perry Street Brewing v. Mutual of Enumclaw Insurance Co., Order Granting Plaintiff's Motion for Partial Summary Judgment, #3 Exhibit Dino Palmieri Salons, Inc. v. State Auto Mutual Insurance Co., Entry Denying Defendant's Motion to Dismiss, #4 Exhibit Hill and Stout PLLC v. Mutual of Enumclaw Insurance Co., Order Denying Defendant's Motion to Dismiss, #5 Exhibit Cajun Conti LLC v. Certain Underwriters at Lloyd's London et al, Order Denying Defendant's Motion for Summary Judgment, #6 Exhibit Chapparells Inc. v. The Cincinnati Insurance Co., Order Denying Defendant's Motion to Dismiss, #7 Text of Proposed Order) (Freking, Randolph)
November 25, 2020 Filing 26 Plaintiff Reeds Jewelers of Niagara Falls, Inc.'s Sur-Reply in Opposition to Defendant Cincinnati Insurance Company's #14 Motion to Dismiss. (kaf)
November 25, 2020 Opinion or Order NOTATION ORDER: Upon consideration, the Court GRANTS Plaintiff Reeds Jewelers of Niagara Falls, Inc.'s #25 motion for leave to file a sur-reply in opposition to motion to dismiss. The Court will consider the arguments in Plaintiff's attached sur-reply as appropriate. Signed by Judge Matthew W. McFarland on 11/25/2020. (kaf)
November 24, 2020 Filing 25 MOTION for Leave to File a Sur-Reply in Opposition to Motion to Dismiss by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Proposed Sur-Reply, #2 Text of Proposed Order) (Freking, Randolph)
November 16, 2020 Filing 24 REPLY to Response to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Cincinnati Insurance Company. (Attachments: #1 Exhibit I, #2 Exhibit J) (Baniak, Michael)
November 16, 2020 Opinion or Order NOTATION ORDER: Upon consideration, the Court GRANTS Defendant The Cincinnati Insurance Company's #23 Motion for Extension of Time to File Reply Brief. Defendant shall file its reply no later than November 16, 2020. Signed by Judge Matthew W. McFarland on 11/16/2020. (kaf)
November 10, 2020 Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply New date requested 11/16/2020. In Support of Its Motion to Dismiss (doc. #14 ) by Defendant Cincinnati Insurance Company. (Attachments: #1 Proposed Order) (Dettmer Slye, Carrie) Modified to create link to motion on 11/12/2020 (eh).
November 5, 2020 Filing 22 RESPONSE in Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Consolidate filed by Defendant Cincinnati Insurance Company. (Attachments: #1 Exhibit A- Swearingen Smiles Amended Complaint, #2 Exhibit B - Troy Stacy Enterprises Complaint, #3 Exhibit C - Reeds Jeweler Complaint) (Dettmer Slye, Carrie)
November 2, 2020 Filing 21 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7735914) of Daniel G. Litchfield by Defendant Cincinnati Insurance Company. (Attachments: #1 Certificate of Good Standing) (Dettmer Slye, Carrie)
October 29, 2020 Filing 20 NOTICE by Plaintiff Reeds Jewelers of Niagara Falls, Inc. of Joinder in Plaintiff Troy Stacey Enterprises Inc.'s Motion to Consolidate (Freking, Randolph)
October 27, 2020 Filing 19 RESPONSE in Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit 1 - Order Granting Plaintiff's Rule 56 Motion for Partial Summary Judgment, Case No. 20-CVS-02569, Superior Court Division, State of North Carolina, #2 Exhibit 2 - Order Denying Defendant's Motion to Dismiss, Case No. 20-cv-00437, Western District of Missouri, #3 Exhibit 3 - Cincinnati Insurance Company's Reply to Homestate's Response in Opposition to Motions to Transfer, MDL #2942, US Judicial Panel on Multi District Litigation, #4 Exhibit 4 - Cincinnati Insurance Company's Response to Order to Show Cause, MDL #2962, US Judicial Panel on Multi District Litigation, #5 Exhibit 5 - Transcript of Oral Argument on Motion to Dismiss, Docket #BER-L-3681-20, Superior Court of New Jersey) (Freking, Randolph)
October 27, 2020 Filing 18 Corporate Disclosure Statement by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Freking, Randolph)
October 26, 2020 Filing 17 Corporate Disclosure Statement by Defendant Cincinnati Insurance Company. (Baniak, Michael)
October 20, 2020 Filing 16 NOTICE OF MOTION TO CONSOLIDATE AND SCHEDULING ORDER. (kaf)
October 16, 2020 Opinion or Order NOTATION ORDER granting #15 Motion for Leave to Appear Pro Hac Vice of Michael P. Baniak 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 Matthew W. McFarland on 10/16/20. (eh)
October 7, 2020 Filing 15 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7694596) of Michael P. Baniak by Defendant Cincinnati Insurance Company. (Attachments: #1 Certificate of Good Standing) (Dettmer Slye, Carrie)
October 7, 2020 Opinion or Order NOTATION ORDER granting #13 Motion for Leave to Appear Pro Hac Vice of Jesse-Justin Cuevas 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 Matthew W. McFarland on 10/7/2020. (eh)
October 6, 2020 Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Cincinnati Insurance Company. (Attachments: #1 Exhibit Memorandum in Support, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H) (Dettmer Slye, Carrie)
October 1, 2020 Filing 13 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7685032) of Jesse-Justin Cuevas by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Freking, Randolph)
September 28, 2020 Opinion or Order NOTATION ORDER granting #11 Motion for Leave to Appear Pro Hac Vice of Mark M. Seltzer; granting #12 Motion for Leave to Appear Pro Hac Vice of Steven Sklaver 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 Matthew W. McFarland on 9/28/20. (eh)
September 25, 2020 Filing 12 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7674928) of Steven Sklaver by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Freking, Randolph)
September 25, 2020 Filing 11 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7674921) of Mark M. Seltzer by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Freking, Randolph)
September 24, 2020 Opinion or Order NOTATION ORDER granting #6 Motion for Leave to Appear Pro Hac Vice of John Scott Black; granting #7 Motion for Leave to Appear Pro Hac Vice of Richard D. Daly; granting #8 Motion for Leave to Appear Pro Hac Vice of Melissa Waden Wray; granting #9 Motion for Leave to Appear Pro Hac Vice of Burton DeWitt; granting #10 Motion for Leave to Appear Pro Hac Vice of Seth Ard 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 Matthew W. McFarland on 9/24/20. (eh)
September 23, 2020 Filing 10 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7671035) of Seth Ard by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Freking, Randolph)
September 23, 2020 Filing 9 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7671011) of Burton DeWitt by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Freking, Randolph)
September 23, 2020 Set Deadlines: Cincinnati Insurance Company answer due 10/6/2020 per Doc. #5 . (bjc)
September 22, 2020 Filing 8 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7669279) of Melissa Waden Wray by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Freking, Randolph)
September 22, 2020 Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7669258) of Richard D. Daly by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Freking, Randolph)
September 22, 2020 Filing 6 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7669142) of John Scott Black by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Freking, Randolph)
September 22, 2020 Filing 5 STIPULATION of Extension of Time to Answer or Otherwise Respond to Complaint by Defendant Cincinnati Insurance Company. (Dettmer Slye, Carrie)
September 21, 2020 Opinion or Order NOTATION ORDER granting #4 Motion for Leave to Appear Pro Hac Vice of William R. H. Merrill 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 Matthew W. McFarland on 9/21/20. (eh)
September 17, 2020 Filing 4 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7662266) of William R.H. Merrill by Plaintiff Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Freking, Randolph)
August 26, 2020 Filing 3 Summons Issued as to Cincinnati Insurance Company. (bjc)
August 25, 2020 Filing 2 REQUEST for Issuance of Summons. (Freking, Randolph)
August 24, 2020 If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh)
August 21, 2020 Filing 1 COMPLAINT with JURY DEMAND for Breach of Contract and Declaratory Judgment and Injunctive Relief against Cincinnati Insurance Company ( Filing fee $ 400 paid - receipt number: 0648-7619939), filed by Reeds Jewelers of Niagara Falls, Inc.. (Attachments: #1 Civil Cover Sheet) (Freking, Randolph)

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Search for this case: Reeds Jewelers of Niagara Falls, Inc. v. Cincinnati Insurance Company
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Plaintiff: Reeds Jewelers of Niagara Falls, Inc.
Represented By: Randolph Harry Freking
Represented By: Steven G. Sklaver
Represented By: Burton S. DeWitt
Represented By: Seth Ard
Represented By: Marc M. Seltzer
Represented By: Melissa Waden Wray
Represented By: William R.H. Merrill
Represented By: Jesse-Justin Cuevas
Represented By: John Scott Black
Represented By: Richard D. Daly
Represented By: Kenneth P Abbarno
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Defendant: Cincinnati Insurance Company
Represented By: Michael P. Baniak
Represented By: Carrie Dettmer Slye
Represented By: Daniel G Litchfield
Represented By: Michael K Farrell
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