Gephart v. American Strategic Insurance Corp.
Plaintiff: Danielle Gephart
Defendant: American Strategic Insurance Corp.
Case Number: 3:2023cv00388
Filed: December 28, 2023
Court: US District Court for the Southern District of Ohio
Presiding Judge: Michael J Newman
Referring Judge: Peter B Silvain
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 7, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 7, 2024 Filing 21 NOTICE OF WITHDRAWAL OF DOCUMENT by Defendant American Strategic Insurance Corp. re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Punitive Damages in Count I of Plaintiff's First Amended Complaint and Brief in Support (Meyer, Kurt)
February 7, 2024 Filing 20 NOTICE by Defendant American Strategic Insurance Corp. re #19 Answer to Complaint Exhibit 1 to Answer to 2nd Amended Complaint Doc. #19 (Meyer, Kurt)
February 7, 2024 Filing 19 Answer to 2nd Amended Complaint ANSWER to Complaint with Jury Demand and Affirmative and/or Special Defenses filed by American Strategic Insurance Corp.. (Meyer, Kurt)
February 1, 2024 Opinion or Order Filing 18 PRELIMINARY PRETRIAL CONFERENCE ORDER: Motions directed to pleadings due by 2/28/2024. Motions to Amend due by 3/28/2024. Lay Witness due by 4/30/2024. Plaintiff Primary Expert due by 6/17/2024. Defendant Primary Expert due by 6/17/2024. Rebuttal Expert due by 7/30/2024. Discovery due by 9/30/2024. Dispositive motions due by 10/31/2024. Signed by Judge Michael J. Newman on 2/1/24. (pb)
January 31, 2024 Filing 17 RULE 26(f) REPORT by Defendant American Strategic Insurance Corp.. (Meyer, Kurt)
January 24, 2024 Filing 16 RESPONSE in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Punitive Damages in Count I of Plaintiff's First Amended Complaint and Brief in Support Plaintiff''s Memorandum in Opposition to Defendant's Motion to Dismiss filed by Plaintiff Danielle Gephart. (Hutchins, Johanna)
January 24, 2024 Filing 15 AMENDED DOCUMENT by Plaintiff Danielle Gephart. Plaintiff's Second Amended Complaint. (Hutchins, Johanna)
January 22, 2024 Filing 14 ANSWER to #9 Amended Complaint Affirmative Defenses and Reliance Upon Jury Demand filed by American Strategic Insurance Corp.. (Attachments: #1 Exhibit 1 - Certified Policy) (Meyer, Kurt)
January 22, 2024 Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Punitive Damages in Count I of Plaintiff's First Amended Complaint and Brief in Support by Defendant American Strategic Insurance Corp.. (Meyer, Kurt)
January 22, 2024 Filing 12 NOTICE OF WITHDRAWAL OF DOCUMENT by Defendant American Strategic Insurance Corp. re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Partial Dismissal and Brief in Support (Meyer, Kurt)
January 10, 2024 Filing 11 Rule 7.1(a)(2) Disclosure Statement by Defendant American Strategic Insurance Corp.. (Meyer, Kurt)
January 8, 2024 Filing 10 RESPONSE in Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Partial Dismissal and Brief in Support Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss filed by Plaintiff Danielle Gephart. (Hutchins, Johanna)
January 8, 2024 Filing 9 AMENDED COMPLAINT filed against American Strategic Insurance Corp., filed by Danielle Gephart. (Hutchins, Johanna)
January 2, 2024 Filing 8 Rule 7.1(a)(2) Disclosure Statement by Plaintiff Danielle Gephart. (Hutchins, Johanna)
January 2, 2024 Opinion or Order Filing 7 ORDER: (1) REQUIRING THE PARTIES TO MEET AND CONFER; (2) ORDERING THE PARTIES TO FILE THEIR FED. R. CIV. P. 26(f) REPORT ON OR BEFORE FEBRUARY 6, 2024; AND (3) ORDERING THE PARTIES TO MAKE INITIAL DISCLOSURES UNDER FED. R. CIV. P. 26(a)(1) ON OR BEFORE JANUARY 30, 2024. Signed by Judge Michael J. Newman on 1/2/24. (pb)
December 29, 2023 Opinion or Order Filing 6 NOTICE OF DEFICIENCY AND ORDER - This matter is before the Court upon a sua sponte review for compliance with Federal Rule of Civil Procedure 7.1(a)(2). Neither party has filed a diversity disclosure statement as required by that Rule. Each party is therefore ORDERED to file such a statement no later than fourteen days from the date of this Order. A sample Diversity of Citizenship Disclosure Statement is available on the Courts website. IT IS SO ORDERED. Signed by Magistrate Judge Peter B. Silvain, Jr on 12/29/23. (pb)
December 28, 2023 Filing 5 ANSWER to #3 Complaint with Jury Demand and Affirmative and/or Special Defenses filed by American Strategic Insurance Corp.. (Attachments: #1 Exhibit Ex 1 - Certified Policy) (Meyer, Kurt)
December 28, 2023 Filing 4 ***WITHDRAWN*** MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Partial Dismissal and Brief in Support by Defendant American Strategic Insurance Corp.. (Meyer, Kurt) Modified on 1/23/2024 to terminate withdrawn motion per #12 (srb).
December 28, 2023 Filing 3 (Copy of) COMPLAINT with JURY DEMAND against American Strategic Insurance Corp., filed by Danielle Gephart. (Originally filed in the Miami County Common Pleas Court on 11/20/2023, Case No. 23-469) (Attachments: #1 Exhibit) (jmb)
December 28, 2023 Filing 2 Corporate Disclosure Statement by Defendants American Strategic Insurance Corp., The Progressive Corporation identifying Corporate Parent The Progressive Corporation for American Strategic Insurance Corp... (Meyer, Kurt)
December 28, 2023 Filing 1 NOTICE OF REMOVAL from Miami County Court of Common Pleas, case number 23 CV 00469 ( Filing fee $ 405 paid - receipt number: AOHSDC-9745822), filed by American Strategic Insurance Corp.. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit Ex 1 - Complaint, #4 Exhibit 2 - ASI Florida Annual Report) (Meyer, Kurt)

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Plaintiff: Danielle Gephart
Represented By: Johanna Beth Hutchins
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Defendant: American Strategic Insurance Corp.
Represented By: Kurt Donald Meyer
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