WinCup, Inc. v. ACE American Insurance Company et al
| WinCup, Inc. |
| ACE American Insurance Company, Starr Surplus Lines Insurance Company and HDI Global Insurance Company |
| Ronald Linville |
| 2:2022cv02019 |
| April 21, 2022 |
| US District Court for the Southern District of Ohio |
| Sarah D Morrison |
| Chelsey M Vascura |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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Filing 46
REPLY to Response to Motion re #39 MOTION for Partial Summary Judgment Reply of ACE American Insurance Company and Starr Surplus Lines Insurance Company in Support of Their Motion for Partial Summary Judgment filed by Defendants ACE American Insurance Company, Starr Surplus Lines Insurance Company. (Foran, Michael)
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Filing 45
REPLY to Response to Motion re #38 MOTION for Summary Judgment as to Phase I filed by Plaintiff WinCup, Inc.. (McCormick, Sean)
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Filing 44
RESPONSE in Opposition re #39 MOTION for Partial Summary Judgment filed by Plaintiff WinCup, Inc.. (McCormick, Sean)
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Filing 43
RESPONSE to Motion re #38 MOTION for Summary Judgment as to Phase I (Response of ACE American Insurance Company and STARR Surplus Lines Insurance Company) filed by Defendant ACE American Insurance Company. (Foran, Michael)
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Filing 42
DEPOSITION of Fed. R. Civ. P. 30(b)(6) Representative of WinCup, Inc. - Colleen Hitchins (Redacted) taken on March 28, 2023 by Plaintiff WinCup, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Part 1, #3 Exhibit 2 - Part 2, #4 Exhibit 2 - Part 3, #5 Exhibit 2 - Part 4, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12) (McCormick, Sean)
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Filing 41
NOTICE of Filing Redacted Exhibits re #38 MOTION for Summary Judgment as to Phase I by Plaintiff WinCup, Inc. (Attachments: #1 Exhibit A - Redacted excerpts from the Fed. R. Civ. P. 30(b)(6) Deposition of WinCup, through Colleen Hitchins, #2 Exhibit DECL-1 - Redacted exhibits to Exhibit B - Declaration of Glenn Ardizzone) (McCormick, Sean) Modified on 6/13/2023 to clarify text (kk2)
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Filing 40
ORDER denying without prejudice #37 Plaintiff's Unopposed Motion for Leave to File Under Seal Certain Exhibits to Motion for Summary Judgment as to Phase I and theDeposition Transcript and Exhibits of Colleen Hitchins. If any party desires that the documents in question be filed under seal, the proponent of the seal must file a properly supported motion that demonstrates good cause for filing under seal WITHIN SEVEN DAYS of the date of this Order. Signed by Magistrate Judge Chelsey M. Vascura on 6/5/23. (sem) Modified docket text on 6/7/2023 (eh).
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Filing 39
MOTION for Partial Summary Judgment by Defendants ACE American Insurance Company, Starr Surplus Lines Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Foran, Michael)
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Filing 38
MOTION for Summary Judgment as to Phase I by Plaintiff WinCup, Inc.. (Attachments: #1 Exhibit A - relevant excerpts from the deposition transcript/exhibits of Colleen Hitchins (to be filed under seal), #2 Exhibit B - Declaration of Glenn Ardizzone, #3 Exhibit C - January 21, 2022 letter to insured) (McCormick, Sean)
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Filing 37
Unopposed MOTION to File Document Under Seal Certain Exhibits to Motion for Summary Judgment and Deposition Transcript/Exhibits of Colleen Hitchins by Plaintiff WinCup, Inc.. (McCormick, Sean)
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Filing 36
ORDER granting #35 Motion for Extension of Time to Complete Discovery - Discovery due by 4/28/2023. Dispositive motions due by 6/2/2023. Signed by Magistrate Judge Chelsey M. Vascura on 3/29/2023. (daf)
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Filing 35
Joint MOTION for Extension of Time to Complete Discovery New date requested 4/28/2023. and to file Dispositive Motions (new date: 6/2/2023) by Plaintiff WinCup, Inc.. (Attachments: #1 Text of Proposed Order) (McCormick, Sean)
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Filing 34
ORDER granting #33 Motion for Extension of Time to Complete Discovery. Discovery due by 3/31/2023. Dispositive motions due by 5/5/2023. Signed by Magistrate Judge Chelsey M. Vascura on 12/29/2022. (daf)
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Filing 33
Joint MOTION for Extension of Time to Complete Discovery New date requested 3/31/2023. and to file Dispositive Motions (new date: 5/5/2023) by Plaintiff WinCup, Inc.. (Attachments: #1 Text of Proposed Order) (Mincheff, Kelsey)
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Filing 31
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Chelsey M. Vascura on 9/20/2022. (daf)
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Filing 30
Joint MOTION for Protective Order by Plaintiff WinCup, Inc. & All Defendants (Attachments: #1 Exhibit A - Stipulated Protective Order) (Mincheff, Kelsey) Modified filing parties on 9/20/2022 (kk2)
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NOTICE DESIGNATING MEDIATOR: Ronald G Linville assigned as mediator to this case. Within 14 days, the mediator and parties will confer to set a date, time, and location for mediation in August 2022, or within 60 days of this notice. The mediator will then file a Notice Setting Mediation. (kk2)
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Set/Reset Columbus Deadlines: Dispositive motions due by 2/17/2023. (daf)
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Filing 29
PRELIMINARY PRETRIAL ORDER: Joinder of Parties due by 8/19/2022. Motions to Amend due by 8/19/2022. Initial Disclosures due by 7/11/2022. Discovery due by 12/31/2022. Dispositive motions due by 2/19/2023. Primary Expert due by 10/14/2022. Rebuttal Expert due by 11/21/2022. Mediation Deadline: 8/2022. Signed by Magistrate Judge Chelsey M. Vascura on 6/29/2022. (daf)
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Filing 28
RULE 26(f) REPORT of the Parties by Plaintiff WinCup, Inc. & All Defendants (McCormick, Sean) Modified filing parties on 6/29/2022 (kk2)
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Filing 27
NOTATION ORDER granting #13 , as amended by #26 , Motion for Leave to Appear Pro Hac Vice of Peter Gerard Bora as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Chelsey M. Vascura on 6/23/2022. (kk2)
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Filing 26
AMENDED DOCUMENT by Defendants ACE American Insurance Company, HDI Global Insurance Company, Starr Surplus Lines Insurance Company. . (Griffith, Jolene)
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Filing 25
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #24 Notice of Peter G. Bora Illinois Supreme Court Certificate of Good Standing filed by Starr Surplus Lines Insurance Company, ACE American Insurance Company, HDI Global Insurance Company, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #24 Notice of Peter G. Bora Illinois Supreme Court Certificate of Good Standing as a text searchable document(s), using the "Amended Document" filing event, linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 6/22/2022. (kk2)
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Filing 24
NOTICE by Defendants ACE American Insurance Company, HDI Global Insurance Company, Starr Surplus Lines Insurance Company re #13 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8894648) of Peter G. Bora Illinois Supreme Court Certificate of Good Standing (Griffith, Jolene)
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Filing 23
Corporate Disclosure Statement identifying Other Affiliates HDI Speciality Insurance Company, HDI Global Network AG, HDI Global SE for Defendant HDI Global Insurance Company (Griffith, Jolene) Modified on 6/15/2022 to correct filing party and add corporate affiliates (kk2)
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Filing 22
Corporate Disclosure Statement identifying Corporate Parent INA Holdings Corporation for ACE American Insurance Company. (Griffith, Jolene) Modified on 6/15/2022 to clarify text (kk2)
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Filing 21
Corporate Disclosure Statement identifying Corporate Parent Starr Indemnity & Liability Company, Corporate Parent Starr Insurance Group, Corporate Parent Starr Insurance Holdings, Inc., Corporate Parent Starr International Company, Inc. for Defendant Starr Surplus Lines Insurance Company. (Griffith, Jolene) Modified on 6/15/2022 to clarify text (kk2)
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Filing 20
NOTATION ORDER granting #12 (as amended by #19 ) Motion for Leave to Appear Pro Hac Vice of Michael L Foran as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Chelsey M. Vascura on 6/7/2022. (kk2)
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Filing 19
AMENDED DOCUMENT re #12 MOTION for Leave to Appear Pro Hac Vice of Michael L. Foran by Defendants ACE American Insurance Company, HDI Global Insurance Company, Starr Surplus Lines Insurance Company. . (Attachments: #1 Exhibit) (Griffith, Jolene) Modified on 6/7/2022 to correct text and add document link (kk2)
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Filing 18
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #12 MOTION for Leave to Appear Pro Hac Vice of Michael L. Foran filed by Starr Surplus Lines Insurance Company, ACE American Insurance Company, HDI Global Insurance Company, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile all of docket #12 MOTION for Leave to Appear Pro Hac Vice of Michael L. Foran as a text searchable document(s), using the "Amended Document" filing event, linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 6/7/2022. (kk2)
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Filing 17
NOTICE OF DEFICIENCY re: #13 MOTION for Leave to Appear Pro Hac Vice of Peter G. Bora: The motion does not contain a certificate of good standing from the highest court of a State. Any re-filed, proper, certificate of good standing from the Clerk of the highest court of the State must be compliant with Local Rule 5.1(c). Deficiency Deadline due by 6/21/2022. (kk2)
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Filing 16
ANSWER to #1 Complaint filed by ACE American Insurance Company. (Griffith, Jolene)
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Filing 15
ANSWER to #1 Complaint filed by HDI Global Insurance Company. (Griffith, Jolene)
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Filing 14
ANSWER to #1 Complaint, filed by Starr Surplus Lines Insurance Company. (Griffith, Jolene)
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Filing 13
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8894648) of Peter G. Bora by All Defendants (Attachments: #1 Exhibit Certificate of Good Standing) (Griffith, Jolene) Modified on 6/6/2022 to correct filing parties (kk2)
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Filing 12
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8894613) of Michael L. Foran by All Defendants. (Attachments: #1 Exhibit Certificate of Good Standing) (Griffith, Jolene) Modified on 6/6/2022 to correct filing parties (kk2)
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Set/Reset Deadlines: ACE American Insurance Company; HDI Global Insurance Company; and Starr Surplus Lines Insurance Company answers due 6/3/2022 per #11 (Stipulation) (kk2)
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Filing 11
STIPULATION FOR EXTENSION OF TIME TO MOVE OR PLEAD by Defendants ACE American Insurance Company, Starr Surplus Lines Insurance Company, HDI Global Insurance Company & Plaintiff WinCup, Inc. (Haurin, Sabrina) Modified filing parties on 5/12/2022 (kk2)
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Filing 10
AMENDED DOCUMENT re #5 SUMMONS Returned Executed as to Defendant Starr Surplus Lines Insurance Company. By Plaintiff WinCup, Inc. (McCormick, Sean)
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Filing 9
AMENDED DOCUMENT re #4 SUMMONS Returned Executed as to Defendant ACE American Insurance Company. By Plaintiff WinCup, Inc. (McCormick, Sean)
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Filing 8
AMENDED DOCUMENT re #3 SUMMONS Returned Executed as to Defendant HDI Global Insurance Company. By Plaintiff WinCup, Inc. (McCormick, Sean)
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Filing 7
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #3 Summons Returned Executed filed by WinCup, Inc., #4 Summons Returned Executed filed by WinCup, Inc., and #5 Summons Returned Executed filed by WinCup, Inc.; it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #3 Summons Returned Executed filed by WinCup, Inc., #4 Summons Returned Executed filed by WinCup, Inc., and #5 Summons Returned Executed filed by WinCup, Inc.. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 4/28/2022. (tla)
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Filing 6
Corporate Disclosure Statement by Plaintiff WinCup, Inc.. (McCormick, Sean)
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Filing 5
SUMMONS Returned Executed as to Defendant Starr Surplus Lines Insurance Company. Starr Surplus Lines Insurance Company served on 4/22/2022, answer due 5/13/2022. (McCormick, Sean)
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Filing 4
SUMMONS Returned Executed as to Defendant ACE American Insurance Company. ACE American Insurance Company served on 4/26/2022, answer due 5/17/2022. (McCormick, Sean)
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Filing 3
SUMMONS Returned Executed as to Defendant HDI Global Insurance Company. HDI Global Insurance Company served on 4/25/2022, answer due 5/16/2022. (McCormick, Sean)
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Filing 2
Summons Issued as to ACE American Insurance Company, HDI Global Insurance Company, and Starr Surplus Lines Insurance Company (Attachments: #1 Summons Form Starr Surplus, #2 Summons Form HDI Global) (kk2)
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Filing 1
COMPLAINT with JURY DEMAND against ACE American Insurance Company, HDI Global Insurance Company, Starr Surplus Lines Insurance Company ( Filing fee $ 402 paid - receipt number: AOHSDC-8832240), filed by WinCup, Inc. (Attachments: #1 Summons Form ACE American Insurance Company, #2 Summons Form Starr Surplus Lines Insurance Company, #3 Summons Form HDI Global Insurance Company, #4 Civil Cover Sheet) (McCormick, Sean)
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