McWhorter, et al v. ELSEA Inc, et al
Plaintiff: David McWhorter and Andrea McWhorter
Defendant: ELSEA Inc, ELSEA FINANCIAL SERVICES INC doing business as Mid-Ohio Financial Services, Elsea Insurance Agency and American Modern Home Insurance Company
Case Number: 2:2000cv00473
Filed: April 20, 2000
Court: US District Court for the Southern District of Ohio
Presiding Judge: Terence P Kemp
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 1640 Truth in Lending
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 3, 2008. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2008 Filing 203 STATUS REPORT by Plaintiffs David McWhorter, Andrea McWhorter, Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Attachments: #1 Affidavit) (Goldstein, Judith)
September 5, 2008 Opinion or Order Filing 202 ORDER granting #201 : One-third of the cy pres fund, $46,367.28, shall be donated to the Corporation for Ohio Appalachian Development and that two-thirds of the cy pres fund, $92,734.56, shall be donated to South Eastern Ohio Legal Services. Signed by Terence P Kemp on 9/5/2008. (pes)
September 3, 2008 Filing 201 MOTION for Disbursement of Funds to Cy Pres Recipients by Plaintiffs David McWhorter, Andrea McWhorter, Defendants American Modern Home Insurance Company, ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Attachments: #1 Exhibit Affidavit of Susan Mancuso) (Goldstein, Judith)
May 30, 2008 Opinion or Order Filing 200 ORDER granting #199 Motion To Re-Issue Checks From The Settlement Fund. Signed by Terence P Kemp on 5/30/2008. (pes)
May 28, 2008 Filing 199 Joint MOTION To Re-Issue Checks From The Settlement Fund by Plaintiffs David McWhorter, Andrea McWhorter, Defendants American Modern Home Insurance Company, ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Attachments: #1 Exhibit Sanese Affidavit) (Goldstein, Judith)
December 20, 2007 Opinion or Order Filing 198 Final Order and Judgment Approving Settlement, Awarding Class Counsel Attorneys' Fees and Dismissing Action with Prejudice. Signed by Judge Terence P Kemp on 12/20/2007. (pes)
December 17, 2007 Filing 197 Minute Entry for proceedings held before Judge Terence P Kemp: Fairness Hearing held on 12/17/2007 -GM Smith/JB Goldstein ESQ for pltfs -TL Long/RL Eckleberry for dfts -D Errett C/R -WJ Harrison D/C -adjourned 9:48am (wh1)
December 11, 2007 Filing 196 NOTICE by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency re #192 Order of Compliance With The Court's Order Regarding Notice to Class Members (Attachments: #1 Exhibit 1 - Declaration of Asa Elsea#2 Exhibit 2 - Declaration of Susan Mancuso) (Eckelberry, Rodger)
December 10, 2007 Filing 195 MOTION for Attorney Fees and Expense Reimbursement by Plaintiffs David McWhorter, Andrea McWhorter. (Attachments: #1 Exhibit Ex. 1 to Fee Motion Goldstein Dec.#2 Exhibit Ex. A part 1 to Goldstein Dec.#3 Exhibit Ex. A part 2 to Goldstein Dec.#4 Exhibit Ex. B to Goldstein Dec.#5 Exhibit Ex. C to Goldstein Dec.#6 Exhibit Ex. 2 to Fee Motion Smith Dec. 1#7 Exhibit Ex. 3 to Fee Motion Smith Dec. 2) (Goldstein, Judith)
December 4, 2007 Opinion or Order Filing 194 ORDER granting #193 Motion for Extension of Time to File Motion for Attorney Fees - ext to 12/10/07. Signed by Judge Terence P Kemp on 12/4/07. (jr)
December 3, 2007 Filing 193 Unopposed MOTION for Extension of Time to File New date requested 12/10/2007. MOTION FOR ATTORNEYS' FEES by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Attachments: #1 Exhibit A - Order) (Eckelberry, Rodger)
September 21, 2007 Opinion or Order Filing 192 ORDER PRELIMINARILY APPROVING CLASS SETTLEMENT. Signed by Judge Terence P Kemp on 9/21/07. (jr)
August 31, 2007 Opinion or Order Filing 191 ORDER of USCA as to #156 Notice of Appeal filed by American Modern Home Insurance Company - the appeal is dismissed. (jr)
August 16, 2007 Filing 190 STIPULATION re #189 Joint MOTION for Settlement Preliminary Approval of Settlement by Plaintiffs David McWhorter, Andrea McWhorter, Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Attachments: #1 Exhibit Order Preliminarily Approving Class Settlement#2 Exhibit Class Notice#3 Exhibit Final Order and Judgment Approving Class Settlement) (Goldstein, Judith)
August 16, 2007 Filing 189 Joint MOTION for Settlement Preliminary Approval of Settlement by Plaintiffs David McWhorter, Andrea McWhorter, Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Goldstein, Judith)
May 24, 2007 Filing 188 NOTICE vacating #175 Notice of jury trial - (wh1)
May 21, 2007 Filing 187 NOTICE by Plaintiffs David McWhorter, Andrea McWhorter of Service of Subpoenas for the Attendance at Trial of Joseph Szeblewski, Mary Ellen Harrison Reed, Rick Cottrill, Gary Whitaker, Thea Rogers, Karen Pratt, David McWhorter, Asa Elsea and Ronald Eitel (Goldstein, Judith)
May 21, 2007 Status Conference held on 5/21/2007 before Magistrate Judge Terence P Kemp. (kk2)
May 18, 2007 Filing 186 NOTICE by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency of Service of Subpoena to Maureen Motter (Ezzie, Joseph)
May 18, 2007 Filing 185 NOTICE: Status Conference set for 5/21/2007 @ 1:00pm by teleconference before Terence P Kemp - (wh1)
May 10, 2007 Filing 184 NOTICE of Appearance by Joseph Edward Ezzie Defendants American Modern Home Insurance Company, ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency (Ezzie, Joseph)
April 13, 2007 Filing 183 NOTICE by Plaintiffs David McWhorter, Andrea McWhorter of Supplemental Notice Mailings to Class Members (Attachments: #1 Ashby Affidavit#2 Exhibit A#3 Exhibit B (first part)#4 Exhibit B (second part))(Smith, Gary)
April 11, 2007 Opinion or Order Filing 182 OPINION & ORDER signed by Judge Terence P Kemp on 4/11/2007 granting in part and denying in part #141 Motion for Summary Judgment & # 142 Motion for Summary Judgment - (wh1)
April 3, 2007 Filing 181 NOTICE by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency of Withdrawal of Co-Counsel, Attorney Chad P. Hanke (Hanke, Chad)
March 15, 2007 Notice of Correction - Docket text of #180 USCA Order corrected by Clerk to add the USCA's ruling on the mtn to stay & the mtn to expedite appeal. (kk2)
March 13, 2007 Opinion or Order Filing 180 ORDER of USCA as to #156 Notice of Appeal filed by American Modern Home Insurance Company - The mtn to stay district court proceedings is DENIED & the mtn to expedite the appeal is GRANTED. (pes, ) Modified on 3/15/2007 to add USCA ruling to text (kk2).
February 27, 2007 Filing 179 NOTICE by Defendants ELSEA Inc, Elsea Insurance Agency & ELSEA FINANCIAL SERVICES INC of Compliance With the Court's Order to Post Notice of the Action at Their Places of Business (Attachments: #1 Affidavit Declaration of Asa Elsea)(Eckelberry, Rodger) Modified on 2/28/2007 to correct filers (kk2).
February 15, 2007 Filing 178 STATUS REPORT on Publication of Class Notice by Plaintiffs David McWhorter, Andrea McWhorter. (Attachments: #1 Exhibit Wellman Confirmation#2 Exhibit Krestschmer Affidavit)(Goldstein, Judith)
February 15, 2007 Opinion or Order Filing 177 ORDER: signed by Terence P Kemp on 2/15/07 -dft's counsel to provide updated mailing list for 1634 ret original ntc by 2/20/07 -pltf to re-mail by 3/1/07 & publication to be completed by 2/28/07 -new class opt out ddln 3/30/07 (sr)
February 14, 2007 Notice of Correction re: Status Conference - A conference was NOT held in this case on 2/14/2007. The conference was inadvertenly docketed as having occurred in this case by the Clerk. (kk2)
February 14, 2007 Status Conference held on 2/14/2007 before Magistrate Judge Terence P Kemp. (kk2)
February 12, 2007 Filing 176 Joint MOTION for Approval of Supplemental Class Notice by Plaintiffs David McWhorter, Andrea McWhorter, Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Attachments: #1 Exhibit Class Notice for Mailing#2 Exhibit Class Notice for Publication)(Goldstein, Judith)
February 12, 2007 Filing 175 NOTICE: Jury Trial RESET for 6/4/2007 @ 9:00am in Courtroom 183 before Terence P Kemp -(wh1)
February 9, 2007 Status Conference held on 2/9/2007 before Magistrate Judge Terence P Kemp. (kk2)
February 7, 2007 Filing 174 STATUS REPORT Offer of Proof on Notice of Publication by Plaintiffs David McWhorter, Andrea McWhorter. (Attachments: #1 Exhibit Offer of Proof)(Goldstein, Judith)
February 7, 2007 Filing 173 STATUS REPORT on Opt Out Class Members by Plaintiffs David McWhorter, Andrea McWhorter. (Goldstein, Judith)
February 7, 2007 Filing 172 STATUS REPORT on Publication of Class Notice by Plaintiffs David McWhorter, Andrea McWhorter. (Attachments: #1 Exhibit Affidavit of Judith B. Goldstein#2 Exhibit Affidavit of Susan Kretschmer)(Goldstein, Judith)
February 7, 2007 Status Conference held on 2/7/2007 before Magistrate Judge Terence P Kemp. (kk2)
February 6, 2007 Filing 171 REPLY to Response to Motion re 142 Supplemental MOTION for Summary Judgment filed by Plaintiffs David McWhorter, Andrea McWhorter. (Attachments: #1 Appendix Ferrari v. Howard#2 Appendix Hirsch v. Astley#3 Appendix Vannes v. Bigelow#4 Appendix Zimmerman v. USD&G)(Goldstein, Judith)
February 6, 2007 Opinion or Order Filing 170 ORDER denying #159 Motion to Stay . Signed by Judge George C Smith on 2-6-07. (ga, )
February 5, 2007 Filing 169 NOTICE: Status Conference set for 2/7/2007 @ 10:00am by teleconference before Terence P Kemp - (wh1)
February 1, 2007 Filing 168 STATUS REPORT on Mailing of Class Notice by Plaintiffs David McWhorter, Andrea McWhorter. (Attachments: #1 Affidavit of Wendy Ashby#2 Affidavit Exhibit A#3 Affidavit Exhibit B-1#4 Affidavit Exhibit B-2#5 Affidavit Exhibit C#6 Affidavit Exhibit D)(Smith, Gary)
January 29, 2007 Opinion or Order Filing 167 ORDER signed by Judge Terence P Kemp on 1/29/2007 granting #165 Motion for Extension of Time to File Response/Reply to 142 Supplemental MOTION for Summary Judgment & 142 MOTION for Reconsideration re 142 Supplemental MOTION for Summary Judgment -Replies due 2/6/2007 - (wh1)
January 26, 2007 Filing 166 REPLY to Response to Motion re #159 MOTION to Stay Proceedings filed by Defendant American Modern Home Insurance Company. (Garner, Richard)
January 25, 2007 Filing 165 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Memorandum in Opposition to Motion for Partial Summary Judgment & Motion for Reconsideration - New date requested 2/6/2007. by Plaintiffs David McWhorter, Andrea McWhorter. (Goldstein, Judith) Modified on 1/26/2007 to correct text to include appropriate document titles (kk2).
January 23, 2007 Filing 164 RESPONSE in Opposition re #159 MOTION to Stay Proceedings filed by Plaintiffs David McWhorter, Andrea McWhorter. (Attachments: #1 Appendix AAA#2 Appendix Bates#3 Appendix Hoover#4 Appendix Detroit Free Press#5 Appendix Cason#6 Appendix Morris#7 Appendix Turner#8 Appendix Williams)(Goldstein, Judith)
January 23, 2007 Filing 163 RESPONSE to Motion re #159 MOTION to Stay Proceedings filed by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Morrison, Sarah)
January 17, 2007 Opinion or Order Filing 162 ORDER re #159 MOTION to Stay Proceedings filed by American Modern Home Insurance Company. Party opposing stay - response due by 01/23/2007; reply due 01/26/2007. Signed by Judge Terence P Kemp on 01/17/2007. (sr)
January 16, 2007 REPLY to Response to Motion re #141 Supplemental MOTION for Summary Judgment filed by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency - see docket #161 for document. (kk1)
January 16, 2007 Filing 161 RESPONSE in Opposition re 142 Supplemental MOTION for Summary Judgment and Motion For Reconsideration and Reply Memorandum in Support of Defendants' Motion For Summary Judgment filed by Defendants American Modern Home Insurance Company, ELSEA Inc, ELSEA FINANCIAL SERVICES INC, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Attachments: #1 Exhibit Declaration of Asa Elsea)(Eckelberry, Rodger)
January 15, 2007 Filing 160 TRANSCRIPT REQUEST by Defendant American Modern Home Insurance Company re #156 Notice of Appeal (Garner, Richard)
January 12, 2007 Filing 159 MOTION to Stay Proceedings by Defendant American Modern Home Insurance Company. (Garner, Richard)
January 12, 2007 USCA Case Number 07-3049 for #156 Notice of Appeal filed by American Modern Home Insurance Company. (sr)
January 11, 2007 Opinion or Order Filing 158 ORDER signed by Judge Terence P Kemp on 1/11/2007 granting oral Motion for Extension of Time -opt-out date ext to 2/7/07 -"short-form" ntc approved & to be posted by ptys as agreed - (wh1)
January 11, 2007 ORAL MOTION by the ptys for Extension of Time for opt-out date -New date requested 2/7/2007 (wh1)
January 10, 2007 Status Conference held on 1/10/2007 before Judge Terence P Kemp. (kk1)
January 8, 2007 Filing fee: $ 455.00 - Notice of Appeal, receipt number 254589 (sr)
January 5, 2007 Filing 157 NOTICE by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency of Substitution of Counsel (Eckelberry, Rodger)
January 5, 2007 Filing 156 NOTICE OF APPEAL as to #147 Order on Motion to Intervene by Defendant American Modern Home Insurance Company. Filing fee $ 455. (Attachments: #1)(Garner, Richard)
January 3, 2007 Opinion or Order Filing 155 ORDER granting #153 Joint Motion for Extension of Time and Opt-out period. Deadline to opt-out of class is 01/31/2007. Signed by Judge Terence P Kemp on 01/03/2007. (sr)
January 2, 2007 Filing 154 Notice of Substitution of Counsel by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Long, Thomas) Modified on 1/3/2007 to correct document title (kk1).
December 28, 2006 Filing 153 Joint MOTION for Extension of Time New date requested 1/31/2007. to provide notice and opt-out by Plaintiffs David McWhorter, Andrea McWhorter, Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Goldstein, Judith)
December 27, 2006 Opinion or Order Filing 152 ORDER granting #151 Motion for Extension of Time filed by Defendants. Consolidated memoranda due 01/15/2007. Signed by Judge Terence P Kemp on 12/27/2006. (sr)
December 21, 2006 Filing 151 Unopposed MOTION for Extension of Time New date requested 1/15/2007. Motion to Consolidate the Briefing of the Reply Memorandum in Support of Their Summary Judgment Motion with Their Response to Plaintiffs' Summary Judgment Motion by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Laliberte, Brian)
December 14, 2006 Opinion or Order Filing 150 ORDER granting #149 Motion for Extension of Time - responses due 1/15/2007. Signed by Judge Terence P Kemp on 12/14/2006. (sr) Modified on 12/28/2006 to add response due date (kk1).
December 12, 2006 Filing 149 MOTION for Extension of Time New date requested 1/15/2007. to File their Response to Plaintiffs' Summary Judgment Motion, Motion for Reconsideration and Motion for Statement of Undisputed Facts by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Laliberte, Brian)
December 11, 2006 Filing 148 RESPONSE in Opposition re #141 Supplemental MOTION for Summary Judgment filed by Plaintiffs David McWhorter, Andrea McWhorter. (Attachments: #1 Cogley v. DaimlerChrysler)(Smith, Gary)
December 6, 2006 Opinion or Order Filing 147 ORDER denying #120 Motion to Intervene . Signed by Judge George C Smith on 12-5-06. (ga, )
November 30, 2006 Opinion or Order Filing 146 OPINION AND ORDER denying #121 Motion for Reconsideration. Signed by Judge Terence P Kemp on 11/30/2006. (kk1)
November 21, 2006 Filing 145 NOTICE by Plaintiffs David McWhorter, Andrea McWhorter re 142 Supplemental MOTION for Summary Judgment of filing exhibits (Attachments: #1 Exhibit Ex. 4 (part c)#2 Exhibit Ex. 4 (part d)#3 Exhibit Ex. 4 (part e)#4 Exhibit Ex. 5#5 Exhibit Ex. 9 (part a)#6 Exhibit Ex. 9 (part b)#7 Exhibit Ex. 9 (part c)#8 Exhibit Ex. 9 (part d)#9 Errata Ex. 9 (part e)#10 Exhibit Ex. 9 (part f)#11 Exhibit Ex. 9 (part g)#12 Exhibit Ex. 9 (part h)#13 Errata Ex. 9 (part i)#14 Exhibit Ex. 9 (part j)#15 Exhibit Ex. 9 (part k)#16 Exhibit Ex. 17 (part a)#17 Errata Ex. 17 (part b)#18 Exhibit Ex. 17 (part c)#19 Exhibit Ex. 17 (part d)#20 Exhibit Ex. 17 (part e))(Goldstein, Judith)
November 21, 2006 Opinion or Order Filing 144 ORDER granting #143 Motion for Extension of Time to File. Exhibits due 11/21/2006. Signed by Judge Terence P Kemp on 11/21/06. (sr)
November 21, 2006 Notice of Correction - Previous docket numbers 144 & 145 renumbered to 142 Rule 56(d) Motion to Specify Facts & 142 MOTION for Reconsideration as they are contained in current docket # 142 Motion for Summary Judgment. (kk1)
November 20, 2006 Filing 142 Rule 56(d) Motion to Specify Facts by Plaintiffs David McWhorter & Andrea McWhorter. See docket # 142 for document. (kk1) Modified on 11/21/2006 to correct document number (kk1).
November 20, 2006 Filing 143 MOTION for Extension of Time to File New date requested 11/21/2006. Four Exhibits to Plaintiffs' Supplemental Motion for Summary Judgment Due to Technical Problems by Plaintiffs David McWhorter, Andrea McWhorter. (Goldstein, Judith)
November 20, 2006 Filing 142 Supplemental MOTION for Summary Judgment by Plaintiffs David McWhorter, Andrea McWhorter. Responses due by 12/14/2006 (Attachments: #1 Supplement Table of Contents & Authorities#2 Exhibit Ex. 1#3 Errata Ex. 2 (part 1)#4 Exhibit Ex. 2 (part 2)#5 Exhibit Ex. 2 (part 3)#6 Exhibit Ex. 3#7 Exhibit Ex. 4#8 Exhibit Ex. 4 (part b)#9 Exhibit Ex. 6#10 Exhibit Ex. 7#11 Exhibit Ex. 8#12 Exhibit Ex. 10#13 Exhibit Ex. 11#14 Exhibit Ex. 12#15 Exhibit Ex. 13#16 Exhibit 14 (part a)#17 Exhibit Ex. 14 (part b)#18 Errata Ex. 14 (part c)#19 Exhibit Ex. 15#20 Exhibit Ex. 16#21 Appendix PIF Case#22 Appendix PIF Case#23 Appendix PIF Case#24 Appendix PIF Case#25 Appendix PIF Case#26 Appendix PIF Case#27 Appendix PIF Case#28 Appendix PIF Case#29 Appendix PIF Case)(Goldstein, Judith)
November 20, 2006 Filing 141 Supplemental MOTION for Summary Judgment by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. Responses due by 12/14/2006 (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit #6 Exhibit)(Laliberte, Brian)
November 14, 2006 Opinion or Order Filing 140 ORDER granting #138 Motion for Extension of Time to File Supplemental Motions for Summary Judgment. Extended to 11/20/06. Signed by Judge Terence P Kemp on 11/14/06. (kch)
November 13, 2006 Filing 139 NOTICE by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency re #135 Response in Opposition to Motion to Strike (Attachments: #1 Exhibit A-Supplemental Affidavit)(Laliberte, Brian)
November 9, 2006 Filing 138 Joint MOTION for Extension of Time New date requested 11/20/2006. by Plaintiffs David McWhorter, Andrea McWhorter, Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Goldstein, Judith)
November 6, 2006 Notice of Correction re: #137 Reply to Response to Motion - Former docket #137 (Response in Support of Motion) filed by Brian J Laliberte on 11/3/2006 deleted and re-filed as current docket #137 to correct ECF filing to Reply to Response to Motion. (kk1)
November 3, 2006 Filing 137 REPLY to Response to Motion re #121 MOTION for Reconsideration filed by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC & Elsea Insurance Agency. (Attachments: #1 Affidavit of Brian J. Laliberte)(kk1)
November 3, 2006 RESPONSE in Support re #121 MOTION for Reconsideration filed by Defendants ELSEA Inc., Elsea Financial Services, Inc. & Elsea Insurance Agency. (Attachments: # 1)(Laliberte, Brian) Modified on 11/6/2006 to add all Elsea agencies as filers (kk1).
November 1, 2006 Opinion or Order Filing 136 ORDER granting #134 Joint Motion for Extension of Time - supplemental MSJ due 11/14/06. Signed by Judge Terence P Kemp on 11/01/2006. (sr)
October 30, 2006 Filing 135 RESPONSE in Opposition re #120 MOTION to Intervene of American Modern Home Insurance Company filed by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Morrison, Sarah)
October 30, 2006 Filing 134 Joint MOTION for Extension of Time New date requested 11/14/2006. to file Supplemental Motions For Summary Judgment by Plaintiffs David McWhorter, Andrea McWhorter, Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Goldstein, Judith)
October 24, 2006 Filing 133 Reply re #130 Reply to Response to Motion to Intervene by Defendant American Modern Home Insurance Company. (Garner, Richard)
October 20, 2006 Filing 132 RESPONSE in Opposition re #121 MOTION for Reconsideration filed by Plaintiffs David McWhorter, Andrea McWhorter. (Attachments: #1 Exhibit Laliberte Letter#2 Exhibit Certification 1(a)#3 Exhibit Certification 1(b)#4 Exhibit Certification 1(c)#5 Exhibit Certification 2#6 Exhibit Burton v. Elsea#7 Exhibit Trifonoff v. Reese#8 Supplement Table of Contents/Cases#9 Supplement Summary of Argument)(Goldstein, Judith)
October 17, 2006 Opinion or Order Filing 131 ORDER granting #129 Pltf's Motion for Extension of Time to File Response to #121 Deft's MOTION for Reconsideration - Response due 10/20/2006. Signed by Judge Terence P Kemp on 10/17/2006. (kk1)
October 16, 2006 Filing 130 REPLY to Response to Motion re #120 MOTION to Intervene of American Modern Home Insurance Company filed by Plaintiffs David McWhorter, Andrea McWhorter. (Attachments: #1 Westfield Ins. v. D.C. Builders)(Smith, Gary)
October 16, 2006 Filing 129 First MOTION for Extension of Time to File Response/Reply New date requested 10/20/2006. by Plaintiffs David McWhorter, Andrea McWhorter. (Goldstein, Judith)
October 13, 2006 Opinion or Order Filing 128 ORDER granting #127 Defts' Motion for Extension of Time - Memo in Opposition to #120 MOTION to Intervene due 10/30/2006. Signed by Judge Terence P Kemp on 10/13/2006. (kk1)
October 11, 2006 Filing 127 Unopposed MOTION for Extension of Time New date requested 10/30/2006. by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Attachments: #1 Text of Proposed Order Order)(Morrison, Sarah)
October 5, 2006 Opinion or Order Filing 126 ORDER granting #125 Motion for Extension of Time - Suppl Mtns for Summary Judgment due 10/31/2006. Signed by Judge Terence P Kemp on 10/5/2006. (kk1)
October 5, 2006 Set/Reset Columbus PPTO Deadlines: Dispositive motions due by 10/31/2006. (kk1)
October 3, 2006 Filing 125 Joint MOTION for Extension of Time New date requested 10/31/2006. by Plaintiffs David McWhorter, Andrea McWhorter, Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Goldstein, Judith)
September 26, 2006 Opinion or Order Filing 124 ORDER re #122 Stipulation filed by David McWhorter, Andrea McWhorter, ELSEA Inc, ELSEA FINANCIAL SERVICES INC, & Elsea Insurance Agency - Parties to provide approved ntc to all class members in accordance w/Court's Order of 11/23/2004, as amended by Order of 12/2/2004. Signed by Judge Terence P Kemp on 9/26/2006.(kk1)
September 22, 2006 Opinion or Order Filing 123 ORDER granting #119 Motion for Extension of Time - Mtn for Reconsideration due 9/22/2006. Signed by Judge Terence P Kemp on 9/22/2006. (kk1)
September 22, 2006 Filing 122 STIPULATION to Notice of Class Action and Right of Exclusion by Plaintiffs David McWhorter, Andrea McWhorter, Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Goldstein, Judith)
September 22, 2006 Filing 121 MOTION for Reconsideration by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I)(Laliberte, Brian)
September 21, 2006 Filing 120 MOTION to Intervene of American Modern Home Insurance Company. (Attachments: #1)(Garner, Richard)
September 18, 2006 Filing 119 Unopposed MOTION for Extension of Time New date requested 9/22/2006. by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency. (Laliberte, Brian)
September 11, 2006 Opinion or Order Filing 118 ORDER granting #117 Motion for Extension of Time to File Motion for Reconsideration - extension to 9/18/2006. Signed by Judge Terence P Kemp on 9/11/2006. (kk1)
September 8, 2006 Filing 117 MOTION for Extension of Time to File New date requested 9/18/2006. to file Motion for Reconsideration by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, & ELSEA INSURANCE AGENCY. (Laliberte, Brian)
August 23, 2006 Filing 116 NOTICE: Jury Trial set for 3/12/2007 @ 9:00am in Courtroom 183 before Terence P Kemp (Attachments: #1 Jury Trial Instructions) (wh1, )
August 17, 2006 Notice of Correction re #115 Scheduling Order - Docket text amended to correct jury trial date to 3/12/2007. (kk1)
August 16, 2006 Opinion or Order Filing 115 SCHEDULING ORDER: New class ntc by 9/30/2006; Mtn to reconsider prior Court orders due 9/11/2006; Suppl MSJ due 10/4/2006; Updated class mailing list due 9/30/2006; Jury trial 3/12/2007. Signed by Judge Terence P Kemp on 8/16/2006. (kk1) Modified on 8/17/2006 to correct jury trial date (kk1).
August 14, 2006 Status Conference held on 8/14/2006 before Magistrate Judge Terence P. Kemp (for statistical purposes only). (pb1, )
July 25, 2006 Filing 114 NOTICE of Appearance by Gary Michael Smith Plaintiffs David McWhorter, Andrea McWhorter (Smith, Gary)
July 25, 2006 Filing 113 NOTICE: Status Conference set for 8/14/2006 @ 9:30am in chambers before Terence P Kemp(wh1, )
July 21, 2006 Filing 112 NOTICE by Plaintiffs David McWhorter, Andrea McWhorter of Unsuccessful Mediation (Attachments: #1 Exhibit)(Goldstein, Judith)
July 19, 2006 Filing 111 NOTICE by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency of Substitution of Counsel (Attachments: #1 Exhibit 1 - Consent to Substitution)(Laliberte, Brian)
February 23, 2006 Filing 110 NOTICE of Appearance by Chad P Hanke Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency (Hanke, Chad)
March 3, 2005 Opinion or Order Filing 109 ORDER directing Defedants Elsea, Inc, Elsea Financial Services,Inc d/b/a Mid Ohio Financial Svcs and Elsea Insurance Agency to produce for inspection and copying by Plaintiffs, all customer files and customer documents generated and/or maintained by said Defendants business operations arising out of and/or relating in any manner to any course of dealings relating to all persons who have or will contract to purchase a manufactured home from Elsea, Inc,. for use as a residence any time on or after 9/1/97; -- all persons whose installment payment obligations to Elsea have or will be assigned to Deft Mid-Ohio at any time on or after 9/1/97 -- and all persons who purchased insurance from Elsea Insurance on or after 9/1/97. Signed by Judge Terence P Kemp on 03/03/05. (ja, )
February 10, 2005 Opinion or Order Filing 108 ORDER granting Pltf's #107 Motion to Bifurcate Issues of Liability and Damage. Pltf need not disclose expert witness for damage issue until after liability phase of trial complete. Signed by Judge Terence P Kemp on 02/10/05. (ja, )
January 7, 2005 Filing 107 MOTION to Bifurcate by Plaintiffs David McWhorter, Andrea McWhorter. (Goldstein, Judith)
December 6, 2004 Filing 106 Defendant's Class Roster Submission filed by Plaintiffs Andrea McWhorter, David McWhorter (Attachments: #1 Roster List in Chronological Order -- #(2) Roster List-- #(3) Roster List -- #(4)Roster List #(5) Roster List -- #6 Roster List-- #7 Roster List)(ja, )
December 2, 2004 Opinion or Order Filing 105 ORDER: extending date for pltf's expert to 01/07/05. Disc date extended to 02/28/05. Class counsel may serve notice by first class mail rather than certified as instructed in 11/23/04 #104 Order. Signed by Judge Terence P Kemp on 12/02/04. (ja, )
December 2, 2004 Set/Reset Columbus PPTO Deadlines: Primary Expert due by 1/7/2005. Disc due by 2/28/2005. (ja, )
November 23, 2004 Opinion or Order Filing 104 ORDER re the noticing of potential class members and the procedures to be followed by counsel in this matter. Signed by Judge Terence P Kemp on 11/23/04. (sem, )
October 19, 2004 Filing 103 NOTICE by Defendants ELSEA FINANCIAL SERVICES INC, ELSEA Inc, Elsea Insurance Agency, Plaintiffs Andrea McWhorter, David McWhorter of Filing of Proposed Rule 23(c)(2) Order (Attachments: #1 Exhibit 1)(Goldstein, Judith)
October 15, 2004 Filing 102 NOTICE: Status Conference set for 1/20/2005 @ 10:00 AM in chambers before Terence P Kemp. (wh, )
October 13, 2004 Filing 101 NOTICE by Defendants ELSEA FINANCIAL SERVICES INC, ELSEA Inc, Elsea Insurance Agency, Plaintiffs Andrea McWhorter, David McWhorter of Filing of Agreed Class Notice and Stipulated Extension of Time to File Proposed Rule 23(c)(2) Order (Attachments: #1 Exhibit 1- Notice)(Goldstein, Judith)
October 1, 2004 Opinion or Order Filing 100 ORDER: Status Conference of 09/29/2004 set deadline of 01/20/2005 for Class notice. Discovery due by 1/31/2005. Signed by Judge Terence P Kemp on 10/01/2004. (ja, )
September 1, 2004 Filing 99 NOTICE of Hearing: Status Conference set for 9/29/2004 @ 10:00 AM in chambers before Terence P Kemp. (jdm, )
July 14, 2004 Opinion or Order Filing 98 ORDER granting in part and denying in part [#90] Motion to redefine the class -Court certifies 2nd subclass of "All persons who purchased insurance from Elsea Insurance Agency on or after September 1, 1997." Signed by Judge Terence P Kemp on 7/14/2004.(wh, )
May 28, 2004 Filing 97 RESPONSE in Opposition re #90 MOTION to Redefine the Class In View of the Summary Judgment Determination filed by Plaintiffs Andrea McWhorter, David McWhorter. (Attachments: #1 unpublished case)(Goldstein, Judith)
May 24, 2004 Filing 96 NOTICE vacating #80 Notice of Trial date (wh, )
May 24, 2004 Filing 95 NOTICE vacating #89 Notice of June 2004 Settlement Week conf (wh, )
May 12, 2004 Filing 94 NOTICE of Hearing: Status Conference set for 5/20/2004 @ 11:00 AM in chambers before Terence P Kemp. (wh, )
May 10, 2004 Filing 93 Joint MOTION to Vacate and Reset Trial Date by Defendants ELSEA FINANCIAL SERVICES INC, ELSEA Inc, Elsea Insurance Agency, Plaintiffs Andrea McWhorter, David McWhorter. (Goldstein, Judith)
May 10, 2004 Filing 92 Proposed Pretrial Order Rule 23(c)(2) by Plaintiffs Andrea McWhorter, David McWhorter. (Goldstein, Judith)
May 10, 2004 Filing 91 NOTICE by Plaintiffs Andrea McWhorter, David McWhorter Proposed Notice of Class Action and Right of Exclusion (Goldstein, Judith)
May 10, 2004 Filing 90 MOTION to Redefine the Class In View of the Summary Judgment Determination by Defendants ELSEA Inc, ELSEA FINANCIAL SERVICES INC, Elsea Insurance Agency, ELSEA FINANCIAL SERVICES INC. (Cerni, Michele)
May 6, 2004 Filing 89 NOTICE of Hearing: Settlement Conference set for 6/14/2004 @ 01:30 PM w/mediator Stephen E. Chappelear. See Notice for details.(wh, )
April 25, 2004 Opinion or Order Filing 88 ORDER: case referred for mediation during the June 2004 Settlement Week which is June 14-18, 2004. Signed by Judge Terence P Kemp on 4/22/2004. (wh, )
April 6, 2004 Opinion or Order Filing 87 ORDER Counsel to meet w/in five (5) days of receipt of this Order to confer re readiness of case for 6/04 SW and inform Court by April 19, 2004 if case is NOT ready for settlement conference. Signed by Judge Terence P Kemp on 4/6/03. (rew, )
February 25, 2004 Filing 86 Supplemental Memorandum Supporting re #85 Response (non motion) Supplement to Defendants' Response to Plaintiffs' Settlement Demand by Defendants ELSEA FINANCIAL SERVICES INC, ELSEA Inc, Elsea Insurance Agency. (Attachments: #1 Exhibit C)(Cerni, Michele)
February 24, 2004 Filing 85 Response Defendants' Response to Plaintiffs' Settlement Demand by Defendants ELSEA FINANCIAL SERVICES INC, ELSEA Inc, Elsea Insurance Agency. (Attachments: #1 Exhibit A#2 Exhibit B)(Cerni, Michele)
February 11, 2004 Filing 84 NOTICE of Hearing: Settlement Conference set for 3/11/2004 10:30 AM w/mediator Wanda L. Carter(wh, )
February 10, 2004 Filing 83 STATUS REPORT on the Results of the Settlement Conference by Defendants ELSEA FINANCIAL SERVICES INC, ELSEA Inc, Elsea Insurance Agency, Plaintiffs Andrea McWhorter, David McWhorter. (Goldstein, Judith)
February 4, 2004 Filing 82 NOTICE by Defendants ELSEA FINANCIAL SERVICES INC, ELSEA Inc, Elsea Insurance Agency Notice of Rescheduling of Settlement Conference (Cerni, Michele)
February 3, 2004 Opinion or Order Filing 81 ORDER re #78 Status Report: ptys to advise Court w/in ten (10) days re participation in 06/04 SW. Signed by Judge Terence P Kemp on 2/3/2004. (wh, )
November 19, 2003 Filing 80 NOTICE of Hearing: Jury Trial set for 7/19/2004 09:00 AM in Courtroom 183 before Terence P Kemp. (Attachments: #1 Trial instructions)(wh, )
November 13, 2003 Opinion or Order Filing 79 ORDER REFERRING CASE to Magistrate Judge Terence P Kemp for the conduct of all further proceedings. Signed by Judge George C. Smith on 11-13-03. (ga, )
October 30, 2003 Filing 78 STATUS REPORT FILED JOINTLY by Defendants ELSEA FINANCIAL SERVICES INC, ELSEA Inc, Elsea Insurance Agency, Plaintiffs Andrea McWhorter, David McWhorter. (Goldstein, Judith)
October 15, 2003 Opinion or Order Filing 77 STATUS REPORT ORDER requiring the parties to file a joint written status report by October 30, 2003. The report shall indicate whether the parties believe that a settlement is possible in this case, and, if so, whether a formal settlement conference before the Court would be necessary to achieve a settlement. The report shall also indicate whether the matter is ready to proceed to trial within the next 180 days. Lastly, the report shall state whether the parties would unanimously consent to have this matter referred to the U.S. Magistrate Judge to conduct all further proceedings. Signed by Judge George C. Smith on 10-14-03. (ga, )
September 11, 2003 Opinion or Order Filing 76 ORDER granting in part and denying in part 37 Motion for Partial Summary Judgment. The Court dismisses plaintiffs' claims under the FDCPA, the ECOA, the FCRA, as well as plaintiffs' claims under the CSPA relating to the three day eviction notice letter and the alleged direct solicitation of sales of insurance. All of plaintiffs' other claims remain pending. . Signed by Judge George C. Smith on 9-10-03. (ga, )
May 27, 2003 Filing 75 NOTICE by plaintiff Andrea McWhorter, plaintiff David McWhorter of change of address ( no pgs: 2) (sh)
March 24, 2003 Filing 74 REPLY by defendant Elsea Insurance Agen, defendant Elsea Financial Svcs, defendant ELSEA Inc to response to motion for partial summary judgment [37-1] ( no pgs: 11 + exh) (pl)
March 21, 2003 Opinion or Order Filing 73 ORDER by Judge George C. Smith granting dfts' motion to extend time to 3/24/03 to file reply to plts' memo contra to dfts' mt for partial sum jgmnt [72-1], (cc: all counsel) ( no pgs: 1) (sln)
March 17, 2003 Filing 72 2nd MOTION by dfts' to extend time to 3/24/03 to file reply to plts' memo contra to dfts' mt for partial sum jgmnt ( no pgs: 5) (sln)
March 6, 2003 Opinion or Order Filing 71 ORDER by Mag. Judge Terence P. Kemp granting dfts' motion to extend time until 3/17/03 to file reply in support of their motion for partial sj [70-1], (cc: all counsel) ( no pgs: 1) (sln)
March 4, 2003 Filing 70 MOTION by defendant Elsea Insurance Agen, defendant Elsea Financial Svcs, defendant ELSEA Inc to extend time until 3/17/03 to file reply in support of their motion for partial sj ( no pgs: 2) (sem)
February 21, 2003 Filing 69 RESPONSE (memo in opp) by plts' to dfts' motion for partial summary judgment [37-1] ( no pgs: 43 + exh) (sln)
February 6, 2003 Opinion or Order Filing 68 ORDER by Mag. Judge Terence P. Kemp granting plts' motion to extend time to 2/21/03 to file memo in opp to dft's mt for partial sum jgmnt [67-1], (cc: all counsel) ( no pgs: 1) (sln)
February 3, 2003 Filing 67 MOTION by plts' to extend time to file memo in opp to dft's mt for partial sum jgmnt ( no pgs: 3) (sln)
February 3, 2003 Filing 66 ATTORNEY SUBSTITUTION: terminating attorney Gary Michael Smith for David McWhorter, Andrea McWhorter and substituting attorney Judith B Goldstein, Kimberly M Skaggs ( no pgs: 2) (sln)
January 10, 2003 Opinion or Order Filing 65 ORDER by Judge George C. Smith denying motion for oral hearing in re to plts' mt for class action notice [61-1], denying without prejudice plts' motion to certify class action [53-1], denying without prejudice plts' motion for order for discovery to be made available as to absent members of the now certified class [50-1], denying motion for leave to file partial summary judgment [46-1], denying without prejudice plts' motion for order of limine excluding any expert testimony by Dr. Austin [43-1], denying without prejudice plts' motion to strike Dr. Austin's report from the record [43-2], Ruling on dfts' without prejudice plts' motion for partial summary judgment [37-1] is deferred plts' to file memo in opp to dfts' mt for partial sum jgmt within 24 days (cc: all counsel) ( no pgs: 5) (sln) Modified on 01/10/2003
May 9, 2002 Filing 64 ...RESPONSE by plts' to dfts' motion for oral hearing in re to plts' mt for class action notice [61-1] ( no pgs: 13) (sln)
April 13, 2002 Filing 63 NOTICE of hearing Status conference reset 10:00 4/30/02 before TPK (cc: all counsel) (sln)
April 3, 2002 Opinion or Order Filing 62 ORDER by Mag. Judge Terence P. Kemp granting motion for admission of attorney Gary Piper pro hac vice [59-1], granting motion for admission of attorney Michele Cerni pro hac vice [58-1] (cc: all counsel) ( no pgs: 1) (sem)
March 29, 2002 Filing 61 ...MOTION by defendant for oral hearing in re to plts' mt for class action notice ( no pgs: 6) (sln)
March 29, 2002 Filing 60 ATTORNEY SUBSTITUTION: terminating attorney Jennifer K Mason for dfts' and substituting attorney Michele G Cerni ( no pgs: 2) (sln)
March 29, 2002 Filing 59 MOTION by defendant for admission of attorney Gary Piper pro hac vice (fee paid) ( no pgs: 2) (sln)
March 29, 2002 Filing 58 MOTION by defendant for admission of attorney Michele Cerni pro hac vice (fee paid) ( no pgs: 2) (sln)
March 29, 2002 PHV Filing Fee Paid: on 4/20/00 in the amount of $ 100.00, receipt # 229875, for atty's Cerni & Piper (sln)
March 19, 2002 Opinion or Order Filing 57 ORDER by Mag. Judge Terence P. Kemp granting dfts' motion to extend time to 3/29/02 to file a memo in opp to plts' mt to issue class notice and plts' notice of class action and right of exclusion [56-1] (cc: all counsel) ( no pgs: 1) (sln)
March 15, 2002 Filing 56 MOTION by dfts' to extend time to 3/29/02 to file a memo in opp to plts' mt to issue class notice and plts' notice of class action and right of exclusion ( no pgs: 2) (sln)
March 15, 2002 Opinion or Order Filing 55 ORDER by Judge George C. Smith finding the motion for leave to file sur reply to deft's sur reply [36-1] moot. (cc: all counsel) ( no pgs: 1) (sln)
March 12, 2002 Filing 54 RESPONSE by dfts' to plts' motion for order of limine excluding any expert testimony by Dr. Austin [43-1], motion to strike Dr. Austin's report from the record [43-2] ( no pgs: 4 + exh) (sln)
February 26, 2002 Filing 53 MOTION by plaintiff David McWhorter, plaintiff Andrea McWhorter to certify class action ( no pgs: 2) (sh)
February 25, 2002 Filing 52 NOTICE of hearing ; Status conference reset for 2:00 3/13/02 with TPK (cc: all counsel) (sem)
February 14, 2002 Filing 51 NOTICE of hearing Status conference set 10:00 2/27/02, before TPK, room 172 (cc: all counsel) (sln)
February 7, 2002 Filing 50 MOTION by plaintiffs' for order for discovery to be made available as to absent members of the now certified class ( no pgs: 3) (sln)
December 27, 2001 Filing 49 RESPONSE (memo in oppos) by defendant ELSEA Inc, defendant Elsea Financial Svcs, defendant Elsea Insurance Agen to motion for leave to file partial summary judgment [46-1] ( no pgs: 3) (pl)
December 20, 2001 Filing 48 APPENDICES by plaintiff in support of motion for partial summary judgment [37-1] (sln)
December 20, 2001 Filing 47 NOTICE by plaintiff of filing appendices in support of tendered mt of partial sum jgmt ( no pgs: 14) (sln)
December 17, 2001 Filing 46 MOTION by plaintiff for leave to file partial summary judgment ( no pgs: 2 + proposed mt for partial sum jgmnt) (sln)
December 10, 2001 Filing 45 NOTICE of hearing granting motion to continue 12/23/01 mediation [44-1] mediation conference VACATED 2:30 12/13/01 06/02 SW (cc: all counsel) (sln)
December 6, 2001 Filing 44 MOTION by plaintiff, defendant to continue 12/23/01 mediation ( no pgs: 2) (sln)
December 6, 2001 Filing 43 MOTION by plaintiffs' for order of limine excluding any expert testimony by Dr. Austin , and to strike Dr. Austin's report from the record ( no pgs: 5) (sln)
December 5, 2001 Opinion or Order Filing 42 ORDER OF USCA 6th: the petition for a permit to appeal is denied ( no pgs: 2) (sln)
December 3, 2001 Filing 41 NOTICE of hearing Settlement conference reset 2:30 12/13/01, Mediator Catherine Adams (cc: all counsel) (sln)
November 8, 2001 Filing 40 NOTICE of hearing ; Settlement conference set 3:00 12/14/01, Mediator Catherine Adams (cc: all counsel) (sln)
September 28, 2001 Opinion or Order Filing 39 OPINION AND ORDER by Judge George C. Smith granting plts' motion to certify this matter as a class action [2-1] (cc: all counsel) ( no pgs: 17) (sln)
September 25, 2001 Filing 38 STIPULATION OF FACTS filed by plts' & defts' ( no pgs: 2) (sln)
July 16, 2001 Filing 37 MOTION by defendant for partial summary judgment ( no pgs: 10 +exh) (sln)
July 11, 2001 Filing 36 MOTION by plaintiff for leave to file sur reply to deft's sur reply ( no pgs: 3) (sln)
June 14, 2001 Filing 35 NOTICE by defendants' of filing continued deposition's of David McWhorter and Andrea McWhorter (no pgs: 2) (sln)
June 14, 2001 Filing 34 SUR REPLY by defendant ELSEA Inc, defendant Elsea Financial Svcs, defendant Elsea Insurance Agen to plt's motion for Class Certification (document #2) ( no pgs: 10 exh) (sln)
June 14, 2001 Continued Deposition of David McWhorter and Andrea McWhorter, taken May 31, 2001 (sln)
May 16, 2001 Filing 33 AMENDED NOTICE by defendants' of taking deposition of David & Andrea McWhorter on 5/30/01 ( no pgs: 2) (sln)
April 30, 2001 Filing 32 Witness list submitted by defendant ELSEA Inc, defendant Elsea Financial Svcs, defendant Elsea Insurance Agen ( no pgs: 3 +exh) (sln)
April 30, 2001 Filing 31 NOTICE by defendant of taking deposition of David & Andrea McWhorter on 5/16/01 ( no pgs: 2) (sln)
April 13, 2001 Filing 30 NOTICE of hearing ; Status conference vacated 10:00 4/17/01 (cc: all counsel) (sln)
April 5, 2001 Opinion or Order Filing 29 ORDER by Judge George C. Smith granting motion for order to have the Court establish a cut-off date for defendants to file response to pltf's reply in support of their motion for class certification [26-1] deft's have until 6/15/01 to file a sur-reply to plts' reply memo on the issue of class certification (cc: all counsel) ( no pgs: 2) (sln)
March 30, 2001 Filing 28 NOTICE of hearing ; Status conference set 10:00 4/17/01 before Mag Judge Kemp (cc: all counsel) (pl)
March 16, 2001 Filing 27 ANSWER by defendant ELSEA Inc, defendant Elsea Financial Svcs, defendant Elsea Insurance Agen to plts' amended complaint ( no pgs: 8) (sln)
March 15, 2001 Filing 26 MOTION by defendant ELSEA Inc, defendant Elsea Financial Svcs, defendant Elsea Insurance Agen for order to have the Court establish a cut-off date for defendants to file response to pltf's reply in support of their motion for class certification ( no pgs: 2) (sem)
March 12, 2001 Filing 25 NOTICE of hearing granting motion to reschedule the 3/14/01 mediation [22-1] ; Settlement conference vacated 10:30 3/14/01 (cc: all counsel) (sln)
March 9, 2001 Filing 24 AMENDED COMPLAINT by plaintiff David McWhorter, plaintiff Andrea McWhorter adding Elsea Insurance Agen ( no pgs: 15 +exh) (sln)
March 9, 2001 Opinion or Order Filing 23 ORDER by Mag. Judge Terence P. Kemp granting motion to extend time to file expert witness disclosure and discovery [19-1], granting motion for leave to amend the complaint [13-1] ; Discovery ddl reset 6/15/01 ; Mtn filing ddl reset 7/16/01 ; the new expert witness disclosure date for defts is 5/1/01; any party may, within ten days of the date of this Order , file and serve on the opposing party a motion for reconsideration by a District Judge (cc: all counsel) ( no pgs: 6) (sln)
February 28, 2001 Filing 22 MOTION by plaintiff David McWhorter, plaintiff Andrea McWhorter to reschedule the 3/14/01 mediation ( no pgs: 2) (sln)
February 26, 2001 Filing 21 Corporate Disclosure Statement filed by defendant Elsea Financial Svcs ( no pgs: 1) (pl)
February 26, 2001 Filing 20 Corporate Disclosure Statement filed by defendant ELSEA Inc ( no pgs: 1) (pl)
February 26, 2001 Filing 19 MOTION by defendant ELSEA Inc, defendant Elsea Financial Svcs to extend time to file expert witness disclosure and discovery ( no pgs: 2) (sln)
February 6, 2001 Filing 18 REPLY MEMORANDUM by plaintiff David McWhorter, plaintiff Andrea McWhorter in support of motion for leave to amend the complaint [13-1] ( no pgs: 3) (sh)
January 30, 2001 Filing 17 NOTICE of hearing ; Settlement conference set for 10:30 3/14/01 TPK (cc: all counsel) (sh)
January 30, 2001 Filing 16 NOTICE by plaintiff David McWhorter, plaintiff Andrea McWhorter of taking deposition of J Szeblewski, M Harrison-Reed, R Cottrill, G Whitaker, T Rogers, K Pratt ( no pgs: 2) (sh)
January 30, 2001 Deposition of J Seblewski, M Harrison-Reed, R Cottrill, G Whitaker, T Rogers, K Pratt (sh)
January 26, 2001 Opinion or Order Filing 15 ORDER by Mag. Judge Terence P. Kemp: in re March settlement week (cc: all counsel) ( no pgs: 1) (sln)
January 22, 2001 Filing 14 RESPONSE by defendant ELSEA Inc, defendant Elsea Financial Svcs to motion for leave to amend the complaint [13-1] ( no pgs: 4) (sh)
January 12, 2001 Filing 13 MOTION by plaintiff for leave to amend the complaint () (bw)
January 12, 2001 Filing 12 REPLY by plaintiff to response to motion to certify class action [2-1] () (bw)
December 27, 2000 Filing 11 NOTICE of filing affidavit of Ace Elsea by defendant ELSEA Inc, defendant Elsea Financial Svcs ( no pgs: 4) (sem)
December 15, 2000 Filing 10 NOTICE by defendant ELSEA Inc, defendant Elsea Financial Svcs of taking deposition of Andrea McWhorter on 12/9/00 ( no pgs: 2) (sh)
December 15, 2000 Filing 9 RESPONSE by defendant ELSEA Inc, defendant Elsea Financial Svcs to motion to certify class action [2-1] ( no pgs: 16 + exh) (sh)
December 15, 2000 Deposition of Andrea Whorter (sh)
November 8, 2000 Filing 8 NOTICE by defendant ELSEA Inc, defendant Elsea Financial Svcs of taking deposition of David McWhorter and Andrea McWhorter on 12/9/00 at 10:00 AM ( no pgs: 2) (sln)
October 19, 2000 Opinion or Order Filing 7 PRELIMINARY SCHEDULING ORDER by Mag. Judge Terence P. Kemp ; Preliminary pretrial conf was held on 2:30 10/17/00 ; discovery cutoff ddl set for 3/31/01 ;mtn filing ddl set 4/30/01; there is a jury demand ( no pgs: 4) (cc: all counsel) (gk)
August 14, 2000 Filing 6 NOTICE setting this action for Preliminary PTC 2:30 10/17/00 no pgs: 1 (cc: all counsel) (gk)
June 13, 2000 Filing 5 ANSWER by defendant; jury demand ( no pgs: 5) (gk)
May 31, 2000 Filing 4 STIPULATION withdrawing motion to extend time until 6/23/00 to respond to the complaint [3-1], and extending time until 6/13/00 for dfts to respond to complaint [1-1] (no pgs 2) (gk)
May 22, 2000 Filing 3 MOTION by plaintiff Andrea McWhorter, defendant ELSEA Inc to extend time until 6/23/00 to respond to the complaint ( no pgs: 2) (gk)
April 20, 2000 Filing 2 MOTION by plaintiff David McWhorter, plaintiff Andrea McWhorter to certify class action ( no pgs: 9 plus Exhibits) (gk)
April 20, 2000 Filing 1 COMPLAINT (referred to Mag. Judge Terence P. Kemp ) ( no. pgs: 11 plus Exhibits 1 thru 5) (gk)
April 20, 2000 Filing Fee Paid: on 4/20/00 in the amount of $ 150.00, receipt # 200 220151. (gk)
April 20, 2000 Summons issued as to defendant ELSEA Inc, defendant Elsea Financial Svcs (gk)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System

Search for this case: McWhorter, et al v. ELSEA Inc, et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: David McWhorter
Represented By: Kimberly M Skaggs
Represented By: Benson A. Wolman
Represented By: Gary Michael Smith
Represented By: Judith B Goldstein
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Andrea McWhorter
Represented By: Kimberly M Skaggs
Represented By: Gary Michael Smith
Represented By: Benson A. Wolman
Represented By: Judith B Goldstein
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: ELSEA Inc
Represented By: Brian J Laliberte
Represented By: Chad P Hanke
Represented By: Gary A Piper
Represented By: Michele G Cerni
Represented By: Joseph Edward Ezzie
Represented By: Jennifer K Mason
Represented By: Thomas Leslie Long
Represented By: Mark Alan Johnson
Represented By: Rodger L Eckelberry
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: ELSEA FINANCIAL SERVICES INC doing business as Mid-Ohio Financial Services
Represented By: Chad P Hanke
Represented By: Jennifer K Mason
Represented By: Joseph Edward Ezzie
Represented By: Mark Alan Johnson
Represented By: Michele G Cerni
Represented By: Rodger L Eckelberry
Represented By: Gary A Piper
Represented By: Thomas Leslie Long
Represented By: Brian J Laliberte
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Elsea Insurance Agency
Represented By: Michele G Cerni
Represented By: Rodger L Eckelberry
Represented By: Brian J Laliberte
Represented By: Thomas Leslie Long
Represented By: Chad P Hanke
Represented By: Gary A Piper
Represented By: Joseph Edward Ezzie
Represented By: Mark Alan Johnson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: American Modern Home Insurance Company
Represented By: Joseph Edward Ezzie
Represented By: Richard M Garner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?