Ennis-White et al v. Nationwide Mutual Insurance Company et al
| Rusty Ennis-White and Jonathon Ennis-White |
| Nationwide Mutual Insurance Company, Caesars Entertainment Corporation, Christopher Johnson, Flamingo Las Vegas Operating Company, LLC, Arch Indemnity Insurance Company and Broadspire Services Inc |
| 2:2024cv01236 |
| March 18, 2024 |
| U.S. District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Sarah D Morrison |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 30, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 58
NOTICE of Hearing: Status Conference set for 6/6/2024 11:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)
|
|
Filing 57
Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 4/25/2024. Plaintiffs are still attempting to retain counsel. Plaintiff will file a Motion for Leave to File Amended Complaint within 30 days. (sln)
|
|
Filing 56
Mail Returned as Undeliverable - RETURN TO SENDER / NO SUCH NUMBER / UNABLE TO FORWARD. Mail (doc #53 ) sent to Rusty Ennis-White on 4/11/2024 (kk2)
|
|
Filing 55
Mail Returned as Undeliverable - RETURN TO SENDER / NO SUCH NUMBER / UNABLE TO FORWARD. Mail (doc #52 ) sent to Rusty Ennis-White on 4/3/2024 (kk2)
|
|
Filing 54
Mail Returned as Undeliverable - RETURN TO SENDER / NO SUCH NUMBER / UNABLE TO FORWARD. Mail (doc #52 ) sent to Jonathon Ennis-White on 4/3/2024 (kk2)
|
|
Filing 53
NOTICE of Hearing: Status Conference set for 4/25/2024 11:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 4/11/2024. The Court will reconvene the parties to address Plaintiffs' filing of an amended complaint and their attempts to retain counsel. (sln)
|
|
Filing 52
ORDER granting #50 Motion to obtain electronic case filing rights. Plaintiff is DIRECTED to create a PACER account, and then complete the electronic filing registration for the Southern District of Ohio, as explained at https://pacer.uscourts.gov/register-account/non-attorney-filers-cmecf. Signed by Magistrate Judge Elizabeth Preston Deavers on April 3, 2024. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing 51
NOTICE of Hearing: Status Conference set for 4/11/2024 11:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing 50
MOTION to Obtain Electronic Case Filing Rights by Plaintiff Rusty Ennis-White (Attachments: #1 Envelope) (kk2)
|
|
Filing 49
NOTICE of Appearance by Lisa Kathumbi for Defendant Nationwide Mutual Insurance Company (Kathumbi, Lisa)
|
|
Filing 48
Case transferred in from District of Nevada; Case Number 2:23-cv-01863. Original file electronic copy of transfer order and docket sheet received.
|
|
Filing 46
NOTICE of Appearance by attorney Kathryn Newman on behalf of Defendant Broadspire Services, Inc.. (Newman, Kathryn) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 45
MOTION to Withdraw as Attorney by Michelle C. Krakora for Defendant Broadspire Services, Inc.. Responses due by 3/29/2024. (Holmstrom, Kristina) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 47
ORDER Granting #5 Motion to Change Venue and Denying as moot #13 Motion to Remand to State Court. IT IS FURTHER ORDERED the clerk of court to transfer all claims asserted against Nationwide to the Southern District of Ohio, Eastern Division, under 28 U.S.C. 1404(a). IT IS FURTHER ORDERED that all claims against the remaining defendants are hereby remanded to the state court from which they were removed under 28 U.S.C. 1441(c)(2). IT IS FURTHER ORDERED the clerk of court to close this case after transferring and remanding the claims. Signed by Judge Andrew P. Gordon on 3/14/2024. (Copies have been distributed pursuant to the NEF. CC: Certified copy of order and public docket sheet mailed to state court. - RJDG) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 44
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 3/12/2024. Re: #39 MOTION to Stay Discovery. A motion hearing is set for 4/9/2024 at 01:30 PM in LV Courtroom 3A before Magistrate Judge Daniel J. Albregts. (no image attached) (Copies have been distributed pursuant to the NEF - TG) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 43
SUMMONS ISSUED as to Arch Indemnity Insurance Company re #1 Petition for Removal. (CT) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 42
ORDER denying #20 Motion for Entry of Clerks Default. ORDER granting in part and denying in part #25 Motion to Quash Service of Process, Set Aside Default, and Dismiss. It is granted in part regarding Archs request that the Court quash service. The Court will give Plaintiffs another opportunity to properly serve Arch. Arch's motion is denied in all other respects. IT IS FURTHER ORDERED that the Court will give Plaintiffs until June 5, 2024 to serve Arch under Federal Rule of Civil Procedure 4(m). Signed by Magistrate Judge Daniel J. Albregts on 3/7/2024. (Copies have been distributed pursuant to the NEF - CT) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 41
REPLY to Response to #39 Motion to Stay Case or Discovery, by Defendant Nationwide Mutual Insurance Company. (Clark, Andrew) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 40
OPPOSITION to #25 Motion to Quash, #5 Motion to Change Venue/Transfer, #6 Motion to Dismiss, #14 Motion to Dismiss, by Plaintiff Rusty Ennis-White. Replies due by 2/14/2024. (CT) Modified on 2/8/2024 to correct docket text. NEF regenerated. (CT). [Transferred from Nevada on 3/18/2024.]
|
|
Filing 39
MOTION to Stay Discovery re #5 Motion to Change Venue/Transfer, #6 Motion to Dismiss, #14 Motion to Dismiss, #25 Motion to Quash by Defendant Nationwide Mutual Insurance Company. Responses due by 2/13/2024. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Declaration of Andrew Clark, #3 Exhibit A)(Clark, Andrew) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 38
NOTICE OF APPEARANCE - SEAN H. LANCASTER by Caesars Entertainment Corporation.. (Lancaster, Sean) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 37
Plaintiff's Motion In Opposition to #14 Motion to Dismiss Pro Se Plaintiff's First Amended Complaint Against Broadspire by Plaintiffs Jonathon Ennis-White, Rusty Ennis-White. Replies due by 1/25/2024. (CT) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 36
CERTIFICATE of Interested Parties by Arch Indemnity Insurance Company that identifies all parties that have an interest in the outcome of this case. Corporate Parent Arch Reinsurance Company, Corporate Parent Arch Capital Group Ltd., Corporate Parent Arch Insurance Company for Arch Indemnity Insurance Company added.. (Todd, Dylan) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 35
NOTICE of Appearance by attorney Michelle C. Krakora on behalf of Defendant Broadspire Services, Inc.. (Krakora, Michelle) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 34
REPLY to Response to #25 Motion to Quash by Defendant Arch Indemnity Insurance Company. (Attachments: #1 Exhibit A)(Todd, Dylan) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 33
JOINDER to #14 Motion to Dismiss, by Defendant Arch Indemnity Insurance Company. (Todd, Dylan) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 32
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 1/9/2024. Re: #31 Stipulation to Stay Discovery. The Federal Rules of Civil Procedure do not provide for automatic or blanket stays of discovery because a potentially dispositive motion is pending. Schrader v. Wynn, No. 2:19-cv-02159-JCM-BNW, 2021 WL 4810324, at *2 (D. Nev. Oct. 14, 2021). Having reviewed the parties' stipulation to stay discovery, the Court notes that the parties do not cite the "good cause" standard that this Court uses in analyzing stays of discovery nor do they provide an analysis under that standard. See id., at *4; see Gibson v. MGM International, No. 2:23-cv-00140-DJA, 2023 WL 4455726, at *3 (D. Nev. July 11, 2023) (adopting the good cause standard). Without a discussion about why there is good cause to stay discovery, the parties effectively ask the Court to enter an automatic or blanket stay of discovery. IT IS THEREFORE ORDERED that the stipulation to stay discovery #31 is DENIED WITHOUT PREJUDICE. Any renewed stipulation must provide an analysis of why there is good cause to stay discovery under Schrader v. Wynn, 2021 WL 4810324, at *4. Modified on 1/9/2024 (KL). [Transferred from Nevada on 3/18/2024.]
|
|
Filing 31
STIPULATION TO STAY DISCOVERY by Defendant Nationwide Mutual Insurance Company. (Clark, Andrew) (stay) (nondispositive) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 30
RESPONSE to #25 Motion to Quash by Plaintiff Rusty Ennis-White. Replies due by 1/11/2024. (AMMi) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 29
REPLY to Response to #20 Motion for Entry of Clerks Default by Plaintiff Rusty Ennis-White. (AMMi) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 28
REPLY to Response to #14 Motion to Dismiss, by Defendant Broadspire Services, Inc.. (Holmstrom, Kristina) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 27
RESPONSE to #20 Motion for Entry of Clerks Default by Defendant Arch Indemnity Insurance Company. Replies due by 12/29/2023. (Todd, Dylan) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 26
REPLY to Response to #13 Motion to Remand to State Court by Plaintiffs Jonathon Ennis-White, Rusty Ennis-White. (RGDG) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 25
MOTION to Quash Service of Process and Set Aside Default by Defendant Arch Indemnity Insurance Company. Responses due by 1/4/2024. (Todd, Dylan) (service) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 24
RESPONSE to #14 Motion to Dismiss by Plaintiffs Rusty Ennis-White, Jonathon Ennis-White. Replies due by 12/24/2023. (AMMi) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 23
Joint STATUS REPORT Regarding Removed Action by Defendant Nationwide Mutual Insurance Company.. (Attachments: #1 Index of Exhibits, #2 Exhibit A)(Clark, Andrew) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 22
RESPONSE to #13 Motion to Remand to State Court by Defendant Nationwide Mutual Insurance Company. Replies due by 12/21/2023. (Clark, Andrew) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 21
NOTICE of Docket Correction to #19 and #20 . #19 was entered in error by the Clerk's Office as Motion for Entry of Clerk's Default and #20 was entered in error as a Motion for Default Judgment. Upon review, #20 should have been entered as Motion for Entry of Clerk's Default and #19 its proposed Clerk's Default. The docket has been updated to correct this error. (no image attached) (EDS) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 20
MOTION for Entry of Clerk's Default Default Judgment by Plaintiffs Jonathon Ennis-White, Rusty Ennis-White. Responses due by 12/22/2023. (KF) Modified event and text on 12/13/2023 (EDS). [Transferred from Nevada on 3/18/2024.]
|
|
Filing 19
Proposed Clerk's Entry of Default re #20 MOTION for Entry of Clerk's Default by Plaintiffs Jonathon Ennis-White, Rusty Ennis-White. (KF) Modified text on 12/13/2023. (EDS). . [Transferred from Nevada on 3/18/2024.]
|
|
Filing 18
REPLY to Response to #5 Motion to Change Venue/Transfer by Defendant Nationwide Mutual Insurance Company. (Clark, Andrew) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 17
REPLY to Response to #6 Motion to Dismiss by Defendant Nationwide Mutual Insurance Company. (Clark, Andrew) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 16
MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 12/6/2023. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #14 Motion to Dismiss,. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - AMMi) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 15
CERTIFICATE of Interested Parties by Broadspire Services, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Crawford & Company for Broadspire Services, Inc. added.. (Holmstrom, Kristina) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 14
MOTION to Dismiss by Defendant Broadspire Services, Inc.. Responses due by 12/19/2023. Certificate of Interested Parties due by 12/15/2023. Discovery Plan/Scheduling Order due by 1/19/2024. (Holmstrom, Kristina) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 3/18/2024.]
|
|
Filing 13
MOTION to Remand to State Court by Plaintiffs Jonathon Ennis-White, Rusty Ennis-White. Responses due by 12/14/2023. (CAH) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 12
RESPONSE to #5 Motion to Change Venue/Transfer by Plaintiffs Jonathon Ennis-White and Rusty Ennis-White. Replies due by 12/7/2023. (CT) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 11
RESPONSE to #6 Motion to Dismiss by Plaintiffs Jonathon Ennis-White and Rusty Ennis-White. Replies due by 12/7/2023. (CAH) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 10
STATEMENT REGARDING REMOVAL by Defendant Nationwide Mutual Insurance Company.. (Clark, Andrew) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 9
CERTIFICATE of Interested Parties by Caesars Entertainment Corporation, Flamingo Las Vegas Operating Company, LLC, Christopher Johnson. There are no known interested parties other than those participating in the case (Herbolsheimer, Alice) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 8
ANSWER re #1 Petition for Removal,, filed by Caesars Entertainment Corporation, Flamingo Las Vegas Operating Company, LLC, Christopher Johnson. Certificate of Interested Parties due by 12/7/2023. Discovery Plan/Scheduling Order due by 1/11/2024.(Herbolsheimer, Alice) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 3/18/2024.]
|
|
Filing 7
Consent for Electronic Service of Documents by Plaintiff Rusty Ennis-White. (CAH) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 6
MOTION to Dismiss by Defendant Nationwide Mutual Insurance Company. Responses due by 12/4/2023. (Clark, Andrew) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 5
MOTION to Change Venue or Transfer. Responses due by 12/4/2023. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Clark, Andrew) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 4
STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - MAJ) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 3
MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 11/14/2023. By Deputy Clerk: A. Miller. Statement regarding removed action is due by 11/29/2023. Joint Status Report regarding removed action is due by 12/14/2023. (Copies have been distributed pursuant to the NEF - AMMi) [Transferred from Nevada on 3/18/2024.]
|
|
Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Daniel J. Albregts. (AMMi) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 2
CERTIFICATE of Interested Parties by Nationwide Mutual Insurance Company. There are no known interested parties other than those participating in the case. (Clark, Andrew) [Transferred from Nevada on 3/18/2024.]
|
|
Filing 1
PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-23-879521-C, (Filing fee $ 402 receipt number ANVDC-7491592) by Nationwide Mutual Insurance Company. Proof of service due by 1/10/2024. Certificate of Interested Parties due by 11/23/2023. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Civil Cover Sheet) (Clark, Andrew) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 3/18/2024.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. 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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
