Mitsui Sumitomo Insurance Company of America et al v. Vertiv Corporation
Plaintiff: Mitsui Sumitomo Insurance Company of America and Tokio Marine America Insurance Company
Defendant: Vertiv Corporation
Case Number: 2:2023cv01398
Filed: April 24, 2023
Court: US District Court for the Southern District of Ohio
Presiding Judge: Chelsey M Vascura
Referring Judge: Michael H Watson
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. § 1332 Diversity-Torts to Land
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 5, 2023 Opinion or Order Filing 33 NOTATION ORDER granting #28 & #29 Motions for Leave to Appear Pro Hac Vice of David M. Bessho and David A. Terry. PHV Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Chelsey M. Vascura on 6/5/2023. (er)
June 2, 2023 Opinion or Order Filing 32 NOTICE by Plaintiffs Mitsui Sumitomo Insurance Company of America, Tokio Marine America Insurance Company re #29 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9431262) of David A. Terry, #28 MOTION for Leave to Appear Pro Hac Vice of David M. Bessho of Filing Certificate of Good Standing of David M. Bessho and Certificate of Good Standing of David A. Terry to correct their respective Motions for Leave to Appear Pro Hac Vice filed at DE Nos. 28 and 29 (Attachments: #1 Exhibit A - Certificate of Good Standing - David Bessho, #2 Exhibit B - Certificate of Good Standing - David Terry) (Utke, Mark)
May 31, 2023 Opinion or Order Filing 31 AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Chelsey M. Vascura on 5/31/2023. (daf)
May 31, 2023 Opinion or Order PAPERLESS MOTION for Protective Order. (daf)
May 23, 2023 Opinion or Order Filing 30 Notice of Deficiency re: The submitted certificate is not from the highest court of a State. Related Document: #28 & #29 MOTIONS for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9431262) of David A. Terry filed by Tokio Marine America Insurance Company, Mitsui Sumitomo Insurance Company of America. Deficiency Deadline by 6/6/2023. (er)
May 22, 2023 Opinion or Order Filing 29 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9431262) of David A. Terry by Plaintiffs Mitsui Sumitomo Insurance Company of America, Tokio Marine America Insurance Company. (Attachments: #1 Exhibit Alabama Certificate of Good Standing, #2 Exhibit Georgia Certificate of Good Standing, #3 Exhibit Mississippi Certificate of Good Standing) (Utke, Mark)
May 22, 2023 Opinion or Order Filing 28 MOTION for Leave to Appear Pro Hac Vice of David M. Bessho by Plaintiffs Mitsui Sumitomo Insurance Company of America, Tokio Marine America Insurance Company. (Attachments: #1 Exhibit Georgia Certificate of Good Standing) (Utke, Mark)
May 22, 2023 Opinion or Order Filing fee: $ 200, receipt number AOHSDC-9431223 - Related Document: #28 MOTION for Leave to Appear Pro Hac Vice of David M. Bessho filed by Tokio Marine America Insurance Company, Mitsui Sumitomo Insurance Company of America.. (Utke, Mark)
May 9, 2023 Opinion or Order Filing 27 ANSWER to #1 Complaint with Jury Demand filed by Vertiv Corporation. (Kessler, Marc)
May 9, 2023 Opinion or Order Filing 26 PRELIMINARY PRETRIAL ORDER: The May 15, 2023 preliminary pretrial conference is VACATED. Case is referred to Mediation. Case referred to Clerk for assignment of mediator. Joinder of Parties due by 7/14/2023. Motions to Amend due by 7/14/2023. Initial Disclosures due by 5/31/2023. Discovery due by 2/28/2024. Dispositive motions due by 4/1/2024. Responses due by 4/29/2024 Replies due by 5/13/2024. Primary Expert due by 12/15/2023. Rebuttal Expert due by 1/15/2024. Settlement Demand due by 9/1/2023. Response to Settlement Demand due by 10/2/2023. Mediation Deadline: 12/2023. Signed by Magistrate Judge Chelsey M. Vascura on 05/09/2023. (tla)
May 9, 2023 Opinion or Order Filing 25 ORDER OF CONSENT to Jurisdiction by US Magistrate Judge by Chelsey M. Vascura. Case reassigned to Magistrate Judge Chelsey M. Vascura. Signed by Judge Michael H. Watson on 5/9/2023. (jk)
May 9, 2023 Opinion or Order Filing 24 NOTATION ORDER granting #22 Motion to Substitute Attorney. Attorney Mary Parrish McCracken and Harlan I. Prater, IV terminated. By Magistrate Judge Chelsey M. Vascura on 5/9/2023. (agm)
May 8, 2023 Opinion or Order Filing 23 RULE 26(f) REPORT by Plaintiffs Mitsui Sumitomo Insurance Company of America, Tokio Marine America Insurance Company. (Utke, Mark)
May 8, 2023 Opinion or Order Filing 22 MOTION to Substitute Attorney by Defendant Vertiv Corporation. (Kessler, Marc)
May 8, 2023 Opinion or Order Filing 21 NOTICE of Appearance by Marc J Kessler for Defendant Vertiv Corporation (Kessler, Marc)
April 28, 2023 Opinion or Order Filing 20 NOTICE of Hearing: Initial Conference set for 5/15/2023 12:30 PM in Teleconference before Magistrate Judge Chelsey M. Vascura. (agm)
April 25, 2023 Opinion or Order Filing 19 NOTATION ORDER - Deadline for Defendant Vertiv Corporation to file an answer is extended until 5/9/2023. By Magistrate Judge Chelsey M. Vascura on 4/25/2023. (agm)
April 25, 2023 Opinion or Order Set/Reset Deadlines: Vertiv Corporation answer due 5/9/2023. (agm)
April 24, 2023 Opinion or Order Filing 18 NOTICE of Appearance by Mark Elliot Utke for Plaintiffs Mitsui Sumitomo Insurance Company of America, Tokio Marine America Insurance Company (Utke, Mark)
April 24, 2023 Opinion or Order Filing 17 Case transferred in from District of Alabama Northern; Case Number 5:22-cv-01142. Original file electronic copy of transfer order and docket sheet received.
April 7, 2023 Opinion or Order Filing 16 ORDER transferring case to another district: The Court GRANTS #10 Motion to Transfer Venue; this action is TRANSFERRED to the Southern District of Ohio, Eastern Division; original electronic record will be uploaded to the Clerk of Court 10 business days from this date. Signed by Judge Liles C Burke on 4/7/2023. (LCB) Modified on 4/10/2023 (AHI). [Transferred from Alabama Northern on 4/24/2023.]
December 20, 2022 Opinion or Order Filing 15 REPLY Brief filed by Defendant Vertiv Corporation re: #10 MOTION TRANSFER VENUE (Opposed) filed by Vertiv Corporation. (Prater, Harlan) [Transferred from Alabama Northern on 4/24/2023.]
December 6, 2022 Opinion or Order Filing 14 RESPONSE to re #10 Vertiv Corporation's Opposed Motion to Transfer Venue filed by Mitsui Sumitomo Insurance Company of America, Tokio Marine America Insurance Company. (Terry, David) [Transferred from Alabama Northern on 4/24/2023.]
November 15, 2022 Opinion or Order Filing 13 TEXT ORDER granting (12) Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendants Motion to Transfer Venue. Plaintiffs shall file their Response no later than December 6, 2022. Signed by Judge Liles C Burke on 11/15/2022. (AHI) [Transferred from Alabama Northern on 4/24/2023.]
November 14, 2022 Opinion or Order Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Transfer Venue by Mitsui Sumitomo Insurance Company of America. (Attachments: #1 Text of Proposed Order)(Terry, David) [Transferred from Alabama Northern on 4/24/2023.]
November 10, 2022 Opinion or Order Filing 11 ORDER: The C0urt GRANTS the #9 Motion for Extension of Time as more fully set out in order. Signed by Judge Liles C Burke on 11/10/2022. (AHI) [Transferred from Alabama Northern on 4/24/2023.]
November 8, 2022 Opinion or Order Filing 10 MOTION TRANSFER VENUE (Opposed) by Vertiv Corporation. (Attachments: #1 Exhibit A (Service Agreement))(Prater, Harlan) [Transferred from Alabama Northern on 4/24/2023.]
November 8, 2022 Opinion or Order Filing 9 MOTION for Extension of Time (Second) to Respond to the Complaint by Vertiv Corporation. (Prater, Harlan) [Transferred from Alabama Northern on 4/24/2023.]
October 18, 2022 Opinion or Order Filing 8 INITIAL ORDER GOVERNING ALL FURTHER PORCEEDINGS - with appendices attached. Signed by Judge Liles C Burke on 10/18/2022. (AHI) [Transferred from Alabama Northern on 4/24/2023.]
October 18, 2022 Opinion or Order Filing 7 NOTICE OF REASSIGNMENT: The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, this action has been randomly reassigned to the Honorable Liles C. Burke. Please use case number 5:22-cv-1142-LCB on all subsequent pleadings. Magistrate Judge Herman N Johnson, Jr no longer assigned to the case. (AHI) [Transferred from Alabama Northern on 4/24/2023.]
October 18, 2022 Opinion or Order Filing 6 ORDER: The Court GRANTS the #5 Motion for Extension of Time to Answer and the answer is due by 11/8/2022. Signed by Magistrate Judge Herman N Johnson, Jr on 10/18/2022. (AHI) [Transferred from Alabama Northern on 4/24/2023.]
October 17, 2022 Opinion or Order Filing 5 MOTION for Extension of Time to File Answer re #1 Complaint Motion is RIPE 10/17/2022. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Vertiv Corporation. (Prater, Harlan) [Transferred from Alabama Northern on 4/24/2023.]
October 6, 2022 Opinion or Order Filing 4 SUMMONS Returned Executed by Mitsui Sumitomo Insurance Company of America, Tokio Marine America Insurance Company. Vertiv Corporation served on 9/26/2022, answer due 10/17/2022. (Terry, David) [Transferred from Alabama Northern on 4/24/2023.]
September 14, 2022 Opinion or Order Filing 3 Summons Issued as to Vertiv Corporation by Clerk and delivered (USPS) to Plaintiff for service. (SPT ) [Transferred from Alabama Northern on 4/24/2023.]
September 14, 2022 Opinion or Order Filing Fee: Filing fee $ 402, receipt_number AALNDC-4169700 (B-1143). related document #1 COMPLAINT FOR PROPERTY DAMAGE against Vertiv Corporation filed by Mitsui Sumitomo Insurance Company of America, and Tokio Marine America Insurance Company.(AHI). (Terry, David) Modified on 9/19/2022 (AHI). [Transferred from Alabama Northern on 4/24/2023.]
September 7, 2022 Opinion or Order Filing 2 NOTICE of Assignment of Case to a United States Magistrate Judge for Trial (AHI) [Transferred from Alabama Northern on 4/24/2023.]
September 7, 2022 Opinion or Order Filing 1 COMPLAINT FOR PROPERTY DAMAGE against Vertiv Corporation filed by Mitsui Sumitomo Insurance Company of America, and Tokio Marine America Insurance Company.(AHI) [Transferred from Alabama Northern on 4/24/2023.]

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Plaintiff: Mitsui Sumitomo Insurance Company of America
Represented By: David A Terry
Represented By: Mark Elliot Utke
Represented By: David Ashcraft Terry
Represented By: David Michael Bessho
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Plaintiff: Tokio Marine America Insurance Company
Represented By: David A Terry
Represented By: Mark Elliot Utke
Represented By: David Ashcraft Terry
Represented By: David Michael Bessho
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Defendant: Vertiv Corporation
Represented By: Harlan I. Prater, IV
Represented By: Mary Parrish McCracken
Represented By: Marc J Kessler
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