Davis v. World Nomads Inc. et al
| Rufus Davis, Grant Hoag, Michael Murphy and Debra Murphy |
| World Nomads Inc., Trip Mate, Inc. and Nationwide Mutual Insurance Company |
| 2:2021cv05847 |
| December 20, 2021 |
| US District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Algenon L Marbley |
| Insurance |
| 28 U.S.C. § 1453 |
| Both |
Docket Report
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| Filing 52 RULE 26(f) REPORT of the Parties filed by Defendants Nationwide Mutual Insurance Company, Trip Mate, Inc., World Nomads Inc.. (Lasley, Aneca) |
| Filing 51 ANSWER to #20 Amended Complaint,, filed by Nationwide Mutual Insurance Company, Trip Mate, Inc., World Nomads Inc.. (Lasley, Aneca) |
| Filing 50 MOTION to Strike Class Action Allegations by Defendants Nationwide Mutual Insurance Company, Trip Mate, Inc., World Nomads Inc.. (Lasley, Aneca) |
| Filing 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Nationwide Mutual Insurance Company, Trip Mate, Inc., World Nomads Inc.. (Lasley, Aneca) |
| Filing 48 NOTICE of Change of Address by Aneca E Lasley (Lasley, Aneca) |
Filing 46
RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case numbers 2:20-cv-5370, 2:20-cv-2264, 2:20-cv-2980 & 2:20-cv-2035 are NOT related. Signed by Chief Judge Algenon L. Marbley and Judge Sarah D. Morrison on 1/28/22. (sem)
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| Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 1/6/2022. Related case memoranda to be circulated. (See ECF No. #41 .) Court will reconvene the parties as appropriate following resolutions of related case issue. (sln) |
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Filing 44
NOTATION ORDER granting #40 Motion for Leave to Appear Pro Hac Vice of Joshua S. Androphy. PHV Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/6/2022. (er)
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| Filing 43 NOTICE by Defendant Nationwide Mutual Insurance Company of withdrawal of attorney R. Zeisler (Lasley, Aneca) |
| Filing 42 NOTICE by Defendant Nationwide Mutual Insurance Company of withdrawal of attorney E. Reisbaum (Lasley, Aneca) |
| Filing 41 NOTICE by Defendants Nationwide Mutual Insurance Company, Trip Mate, Inc., World Nomads Inc. of Related Case (Lasley, Aneca) |
| Filing 40 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number BOHSDC-8658686) of Joshua S. Androphy by Plaintiffs Rufus Davis, Grant Hoag, Debra Murphy, Michael Murphy. (Goldstein, David) |
| Filing 39 NOTICE of Appearance by David A Goldstein for Plaintiffs Rufus Davis, Grant Hoag, Debra Murphy, Michael Murphy (Goldstein, David) |
| Filing 38 NOTICE of Appearance by Alexandra Marie Petrillo for Defendants Nationwide Mutual Insurance Company, Trip Mate, Inc., World Nomads Inc. (Petrillo, Alexandra) |
| Filing 37 NOTICE of Appearance by Aneca E Lasley for Defendants Nationwide Mutual Insurance Company, Trip Mate, Inc., World Nomads Inc. (Lasley, Aneca) |
| Filing 36 NOTICE of Hearing: Status Conference set for 1/6/2022 01:30 PM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) |
| Filing 35 Case transferred in from District of Southern District of New York; Case Number 1:21-cv-1264. Original file with documents numbered 1-34, electronic copy of transfer order and docket sheet received., filed by Rufus Davis, Michael Murphy, Grant Hoag, Debra Murphy. (pb) |
| Filing 34 Case transferred in from District of New York Southern; Case Number 1:21-cv-01264. Original file electronic copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of ohio.(jca) [Transferred from New York Southern on 12/20/2021.] |
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Filing 33
ORDER granting #25 Motion to Transfer Case. For the reasons stated below, Defendants motion to transfer is GRANTED. Accordingly, Defendants' motion to transfer is GRANTED in the interest of justice. The Clerk of Court is directed to transfer this case to the United States District Court for the Southern District of Ohio, terminate the motion at ECF No. 25, and close the case. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 12/10/2021) (jca) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/20/2021.]
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Filing 32
MEMO ENDORSEMENT granting #31 MOTION for Ashleigh Hunt to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Ashleigh Piknam Patricia Hunt terminated. (Signed by Judge Analisa Torres on 11/8/2021) (jca) [Transferred from New York Southern on 12/20/2021.]
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| Filing 31 MOTION for Ashleigh Hunt to Withdraw as Attorney . Document filed by Nationwide Mutual Insurance Company, Trip Mate Inc., World Nomads Inc...(Hunt, Ashleigh) [Transferred from New York Southern on 12/20/2021.] |
| Filing 30 MEMORANDUM OF LAW in Opposition re: #25 MOTION to Transfer Case . . Document filed by Rufus Davis, Grant Hoag, Debra Murphy, Michael Murphy..(Androphy, Joshua) [Transferred from New York Southern on 12/20/2021.] |
| Filing 29 DECLARATION of Brenda Flask in Support re: #25 MOTION to Transfer Case .. Document filed by Nationwide Mutual Insurance Company, Trip Mate Inc., World Nomads Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Reisbaum, Emily) [Transferred from New York Southern on 12/20/2021.] |
| Filing 28 DECLARATION of Aneca E. Lasley in Support re: #25 MOTION to Transfer Case .. Document filed by Nationwide Mutual Insurance Company, Trip Mate Inc., World Nomads Inc.. (Attachments: #1 Exhibit A).(Reisbaum, Emily) [Transferred from New York Southern on 12/20/2021.] |
| Filing 27 DECLARATION of Erma Crock in Support re: #25 MOTION to Transfer Case .. Document filed by Nationwide Mutual Insurance Company, Trip Mate Inc., World Nomads Inc...(Reisbaum, Emily) [Transferred from New York Southern on 12/20/2021.] |
| Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Transfer Case . . Document filed by Nationwide Mutual Insurance Company, Trip Mate Inc., World Nomads Inc...(Reisbaum, Emily) [Transferred from New York Southern on 12/20/2021.] |
| Filing 25 MOTION to Transfer Case . Document filed by Nationwide Mutual Insurance Company, Trip Mate Inc., World Nomads Inc...(Reisbaum, Emily) [Transferred from New York Southern on 12/20/2021.] |
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Filing 24
ORDER granting #23 Letter Motion for Extension of Time to File. GRANTED. By May 28, 2021, Plaintiffs shall file their opposition papers. SO ORDERED. (Signed by Judge Analisa Torres on 5/5/2021) (kv) [Transferred from New York Southern on 12/20/2021.]
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| Set/Reset Deadlines: Responses due by 5/28/2021 (kv) [Transferred from New York Southern on 12/20/2021.] |
| Filing 23 CONSENT LETTER MOTION for Extension of Time to File Opposition to Motion to Stay or Transfer addressed to Judge Analisa Torres from Joshua Androphy dated May 4, 2021. Document filed by Rufus Davis, Grant Hoag, Debra Murphy, Michael Murphy..(Androphy, Joshua) [Transferred from New York Southern on 12/20/2021.] |
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time. GRANTED. By May 12, 2021, Defendants shall file their motion. By May 21, 2021, Plaintiffs shall file their opposition papers. SO ORDERED. ( Motions due by 5/12/2021.) (Signed by Judge Analisa Torres on 5/4/21) (yv) [Transferred from New York Southern on 12/20/2021.]
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| Set/Reset Deadlines: Responses due by 5/21/2021 (yv) [Transferred from New York Southern on 12/20/2021.] |
| Filing 21 FIRST LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Emily Reisbaum dated May 3, 2021. Document filed by Nationwide Mutual Insurance Company, Trip Mate Inc., World Nomads Inc...(Zeisler, Royce) [Transferred from New York Southern on 12/20/2021.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joshua S. Androphy. The party information for the following party/parties has been modified: Grant Hoag; Michael Murphy; Debra Murphy. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) [Transferred from New York Southern on 12/20/2021.] |
| Filing 20 FIRST AMENDED COMPLAINT amending #1 Complaint, against Nationwide Mutual Insurance Company, Trip Mate Inc., World Nomads Inc. with JURY DEMAND.Document filed by Rufus Davis, Grant Hoag, Michael Murphy, Debra Murphy. Related document: #1 Complaint,. (Attachments: #1 Exhibit A: Insurance Policy, #2 Exhibit B: Appeal Denial Letter - Davis, #3 Exhibit C: Appeal Denial Email - Hoag, #4 Exhibit D: Appeal Denial letter - Murphy).(Androphy, Joshua) [Transferred from New York Southern on 12/20/2021.] |
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Filing 19
ORDER re: #18 Response filed by Rufus Davis. The Court has reviewed the parties' pre-motion letters at ECF Nos. 16, 18. Accordingly: 1. By May 5, 2021, Defendants shall file their motion to transfer venue; 2. By May 19, 2021, Plaintiff shall file its opposition papers. SO ORDERED. ( Motions due by 5/5/2021., Responses due by 5/19/2021) (Signed by Judge Analisa Torres on 4/21/2021) (kv) [Transferred from New York Southern on 12/20/2021.]
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| Filing 18 RESPONSE re: #16 Letter, . Document filed by Rufus Davis..(Androphy, Joshua) [Transferred from New York Southern on 12/20/2021.] |
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Filing 17
ORDER re: #16 Letter, filed by Nationwide Mutual Insurance Company, World Nomads Inc., Trip Mate Inc.. The Court has reviewed Defendants' letter at ECF No. 16. Accordingly, Defendants' time to answer or otherwise respond to the complaint is ADJOURNED until 21 days after the Court issues a decision on their proposed motion to stay or transfer. The initial pretrial conference scheduled for April 13, 2021, is ADJOURNED sine die. By April 12, 2021, Plaintiff shall respond to Defendants' letter at ECF No. 16. SO ORDERED. (Signed by Judge Analisa Torres on 4/6/2021) (kv) [Transferred from New York Southern on 12/20/2021.]
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| Filing 16 LETTER addressed to Judge Analisa Torres from Emily Reisbaum dated April 5, 2021 re: Pre-Motion Letter Regarding Motion to Stay or Transfer. Document filed by Nationwide Mutual Insurance Company, Trip Mate Inc., World Nomads Inc.. (Attachments: #1 Exhibit A (DePasquale Complaint)).(Reisbaum, Emily) [Transferred from New York Southern on 12/20/2021.] |
| Filing 15 NOTICE OF APPEARANCE by Ashleigh Piknam Patricia Hunt on behalf of Nationwide Mutual Insurance Company, Trip Mate Inc., World Nomads Inc...(Hunt, Ashleigh) [Transferred from New York Southern on 12/20/2021.] |
| Filing 14 NOTICE OF APPEARANCE by Royce Liverant Zeisler on behalf of Nationwide Mutual Insurance Company, Trip Mate Inc., World Nomads Inc...(Zeisler, Royce) [Transferred from New York Southern on 12/20/2021.] |
| Filing 13 NOTICE OF APPEARANCE by Emily Reisbaum on behalf of Nationwide Mutual Insurance Company, Trip Mate Inc., World Nomads Inc...(Reisbaum, Emily) [Transferred from New York Southern on 12/20/2021.] |
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Filing 12
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by April 6, 2021, e-mail a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, to Orders_and_Judgments@nysd.uscourts.gov. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An info1mation sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by April 6, 2021, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 2/23/2021) (ks) [Transferred from New York Southern on 12/20/2021.]
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Filing 11
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 4/13/2021 at 11:40 AM before Judge Analisa Torres, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. SO ORDERED. (Signed by Judge Analisa Torres on 2/23/2021) (ks) [Transferred from New York Southern on 12/20/2021.]
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Filing 10
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b )(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. (Signed by Judge Analisa Torres on 2/23/2021) (nb) [Transferred from New York Southern on 12/20/2021.]
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| Filing 9 CIVIL COVER SHEET filed..(Androphy, Joshua) [Transferred from New York Southern on 12/20/2021.] |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to World Nomads Inc...(dnh) [Transferred from New York Southern on 12/20/2021.] |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Trip Mate Inc...(dnh) [Transferred from New York Southern on 12/20/2021.] |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Nationwide Mutual Insurance Company..(dnh) [Transferred from New York Southern on 12/20/2021.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Joshua S. Androphy to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh) [Transferred from New York Southern on 12/20/2021.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joshua S. Androphy. The party information for the following party/parties has been modified: Rufus Davis. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh) [Transferred from New York Southern on 12/20/2021.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh) [Transferred from New York Southern on 12/20/2021.] |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh) [Transferred from New York Southern on 12/20/2021.] |
| Case Designated ECF. (dnh) [Transferred from New York Southern on 12/20/2021.] |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to World Nomads Inc., re: #1 Complaint,. Document filed by Rufus Davis..(Androphy, Joshua) [Transferred from New York Southern on 12/20/2021.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Trip Mate, Inc., re: #1 Complaint,. Document filed by Rufus Davis..(Androphy, Joshua) [Transferred from New York Southern on 12/20/2021.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Nationwide Mutual Insurance Company, re: #1 Complaint,. Document filed by Rufus Davis..(Androphy, Joshua) [Transferred from New York Southern on 12/20/2021.] |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Androphy, Joshua) Modified on 2/12/2021 (dnh). [Transferred from New York Southern on 12/20/2021.] |
| Filing 1 COMPLAINT against Nationwide Mutual Insurance Company, Trip Mate Inc., World Nomads Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23908039)Document filed by Rufus Davis. (Attachments: #1 Exhibit A: Insurance Policy, #2 Exhibit B: Appeal Denial Letter).(Androphy, Joshua) [Transferred from New York Southern on 12/20/2021.] |
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