McKinney v. Progressive Direct Insurance Company et al
| Linda McKinney and Tallie McKinney |
| Progressive Direct Insurance Company, CSAA General Insurance Company, CSAA General Insurance Company doing business as AAA Insurance and Progressive Direct Insurance Company doing business as Progressive |
| 5:2018cv00767 |
| August 10, 2018 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| Oklahoma |
| Joe Heaton |
| Vicki Miles-LaGrange |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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| Filing 129 USCA MANDATE Issued re #111 Notice of Appeal filed by Tallie McKinney, #108 Notice of Appeal filed by Progressive Direct Insurance Company. Mandate issued. [19-6127, 19-6130] (km) |
Filing 128
ORDER AND JUDGMENT of USCA as to #111 Notice of Appeal filed by Tallie McKinney, #108 Notice of Appeal filed by Progressive Direct Insurance Company. Affirmed. Terminated on the merits after submissions without oral hearing. Written, signed, unpublished; Judges Matheson, Briscoe (authoring judge) and Phillips. Mandate to issue. [19-6127, 19-6130](jjs)
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| Filing 127 NOTICE of Change of Address by Joseph F Bufogle (Bufogle, Joseph) |
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Filing 126
ORDER of USCA as to #111 Notice of Appeal filed by Tallie McKinney. Order filed by Clerk of the Court at the direction of the court abating this appeal pending resolution of the certified question of state law in No. 19-6085. Served on 02/12/2020. [19-6130] (ac)
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| Filing 125 NOTICE of Change of Address by Gerard F Pignato (Pignato, Gerard) |
| Filing 124 Costs Taxed in the amount of $ $2,171.41 against Defendants. (nv) |
| Filing 123 ENTRY of Appearance by Lauren N Watson on behalf of Progressive Direct Insurance Company (Watson, Lauren) |
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Filing 122
ORDER granting #119 Justin R. Williams, Esq., as counsel for defendant CSAA General Insurance Company's motion to withdraw as counsel; the Clerk of Court is directed to strike Mr. William's name as counsel of record for the referenced defendant. Signed by Honorable Joe Heaton on 09/17/2019. (lam)
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| Filing 121 TRANSCRIPT LETTER advising no transcripts are necessary re #111 Notice of Appeal filed by Tallie McKinney. The record is ready for appeal purposes. (em) |
| Filing 120 TRANSCRIPT Order Form by Tallie McKinney that transcripts are not necessary. See order form for dates and proceedings. (Travis, Rex) |
| Filing 119 MOTION to Withdraw as Attorney of Record by CSAA General Insurance Company. (Williams, Justin) |
| Filing 118 TRANSCRIPT LETTER advising transcripts are not necessary re #108 Notice of Appeal filed by Progressive Direct Insurance Company. The record is ready for appeal purposes. (em) |
| Filing 117 TRANSCRIPT Order Form by Progressive Direct Insurance Company that transcripts are not necessary. See order form for dates and proceedings. (Goeres, Dawn) |
| Filing 116 ENTRY of Appearance by Matthew C Kane on behalf of CSAA General Insurance Company (Kane, Matthew) |
| Filing 115 Receipt for Money Received from Progressive Direct Insurance Company in the amount of $505.00, receipt number OKW500075925 regarding #108 Notice of Appeal (em) |
| Filing 114 Tenth Circuit USCA Case Number 19-6130 for #111 Notice of Appeal filed by Tallie McKinney. (em) |
| Filing 113 PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re #111 Notice of Appeal. (Attachments: #1 Attachment 1 - Preliminary Record on Appeal)(em) |
| Filing 112 USCA Appeal Fee received in the amount of $ 505, receipt number OKW500075922, re #111 Notice of Appeal filed by Tallie McKinney (em) |
| Filing 111 NOTICE OF APPEAL as to #102 Judgment, by Tallie McKinney. (Travis, Rex) |
| Filing 110 Tenth Circuit USCA Case Number 19-6127 for #108 Notice of Appeal filed by Progressive Direct Insurance Company. (nv) |
| Filing 109 PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re #108 Notice of Appeal. (Attachments: #1 Attachment 1-Preliminary Record on Appeal)(nv) |
| Filing 108 NOTICE OF APPEAL as to #102 Judgment, by Progressive Direct Insurance Company. (Goeres, Dawn) |
| Filing 107 NOTICE of Change of Address by Gerard F Pignato (Pignato, Gerard) |
| Filing 106 NOTICE OF BILL OF COSTS HEARING, Bill of Costs Hearing set for 10/3/2019 09:00 AM in Court Clerk's Office (nv) |
| Filing 105 OBJECTIONS re #104 Brief, #103 Bill of Costs filed by CSAA General Insurance Company. (Pignato, Gerard) |
| Filing 104 BRIEF IN SUPPORT of Plaintiff's Bill of Costs by Tallie McKinney. (Travis, Rex) #1 Exhibit 1 filing fee invoice, #2 Exhibit 2 deposition transcripts invoice, #3 Exhibit 3 Video Playback Invoice) (nv). Modified on 8/12/2019 to add exhibits 1-3 at counsel's request (nv). |
| Filing 103 BILL OF COSTS by Tallie McKinney. (Attachments: #1 Exhibit 1-filing fee invoice, #2 Exhibit 2-deposition transcript invoice, #3 Exhibit 3-video playback invoice)(Travis, Rex) |
| Filing 102 JUDGMENT jury returned a verdict against defendants and in favor of plaintiff in the amount of $325,000.00...after reducing the verdict by $100,000 which is the amount of liability insurance benefits plaintiff has already recovered from the underlying tortfeasor's insurer Progressive Direct Insurance Company; the issue of any award of costs and fees is reserved to be ruled on at the time of application by prevailing party. Signed by Honorable Joe Heaton on 08/05/2019. (lam) |
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Filing 101
ORDER granting #100 Greg Milstead, Esq., leave to withdraw as counsel for plaintiff...the clerk of court is directed to strike Mr. Milstead's name as counsel of record for plaintiff. Signed by Honorable Joe Heaton on 07/24/2019. (lam)
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| Filing 100 MOTION to Withdraw as Attorney by Tallie McKinney. (Milstead, Gregory) |
| Filing 99 MOTION for Judgment Defendants' Motion to Enter Judgment by Progressive Direct Insurance Company. (Attachments: #1 Exhibit email exchange among parties' csl, #2 Exhibit Prog prop judg 7.11.19, #3 Exhibit Prog prop judg 7.15.19, #4 Exhibit Plf's prop Judg 7.15.19)(Roberson, Brad) |
| Filing 98 JURY VERDICT. (cla) |
| Filing 97 Jury Note No. 1. (cla) |
| Filing 96 Trial Witness List by plaintiff Tallie McKinney. (cla) |
| Filing 95 Trial Exhibit List by defendant CSAA General Insurance Company. (cla) |
| Filing 93 Trial Exhibit List by plaintiff Tallie McKinney. (cla) |
| Filing 92 Court's Jury Instructions. (cla) |
| Filing 91 Minute Entry for proceedings held before Honorable Joe Heaton... Jury Trial DAY 1 held on 7/10/2019; parties present; jury instruction conference held; court gives preliminary instructions; exhibits admitted; counsel give opening statements; witness testimony heard; plaintiff rests; defendants rest; court instructs jury; closing arguments heard; jury deliberation begins; jury deliberation concludes; jury reaches verdict; verdict read; jury found plaintiff suffered injuries and fix the damages attributable to those injuries at $325,000.00; judgment to be entered separately. (Court Reporter Emily Eakle.) (cla) |
| Filing 90 MOTION for Judgment as a Matter of Law by Progressive Direct Insurance Company. (Attachments: #1 Exhibit Order)(Roberson, Brad) |
| Filing 89 Minute Entry for proceedings held before instruction conference held before the Hnorable Joe Heaton; counsel for parties present; jury trial set to begin 07/10/2019 at 9:30 a.m. (Court Reporter Emily Eackle.) (lam) |
| Filing 88 Minute Entry for proceedings held before Honorable Joe Heaton... Jury Selection held on 07/09/2019; parties present; jury selection begins; the court voir dires the jury panel; juror excused for cause; plaintiff and defendants present challenges; jury empaneled and sworn; status conference set for 07/10/2019 @ 9:00 a.m. in chambers; jury trial to begin on 07/10/2019 @ 9:30 a.m. in Courtroom No. 503; court adjourned. (Court Reporter Emily Eakle.) (cla) |
| Set/Reset Hearings: Charging conference set in chambers on 07/10/2019 @ 09:00 AM; Jury Trial set to begin on 07/10/2019 @ 09:30 AM in Courtroom 503 before Honorable Joe Heaton. (lam) |
| Filing 87 Minute Entry for proceedings held before Honorable Joe Heaton...Pretrial Conference held on 7/2/2019; counsel for parties present; court rules on motions in limine; jury selection set to begin 07/09/2019 @ 1:30 p.m., in Courtroom No. 503 with trial set to begin on 07/10/2019 @ 9:30 a.m., in Courtroom No. 503; Charging conference set 07/10/2019 @ 9:00 a.m., in Chambers; court adjourned. (Court Reporter Emily Eackle.) (lam) |
| Filing 94 Trial Exhibit List by defendant Progressive Direct Insurance Company. (cla) |
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Filing 86
ORDER defendant CSAA's objections to the deposition testimony of Dr. Jules Dumais are resolved as follows: the objection at page 66 is sustained; all other objections are overruled...objections that were resolved by a re-phrased question may be redacted. Signed by Honorable Joe Heaton on 07/01/2019. (lam)
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| Filing 85 OBJECTIONS re #83 Designation of Deposition Testimony Objections by the Defendant, CSAA General Insurance Company, to Plaintiff's Designations of the Deposition Testimony of Jules Dumais, M.D. filed by CSAA General Insurance Company. (Attachments: #1 Exhibit 1 - Depo of Jules Dumais, M.D.)(Pignato, Gerard) |
| Filing 84 COUNTER DESIGNATION OF DEPOSITION TESTIMONY by CSAA General Insurance Company Counter-Designations of the Defendant, CSAA General Insurance Company, to the Deposition of Jules Dumais, M.D.. Related document: #83 Designation of Deposition Testimony filed by Tallie McKinney.(Pignato, Gerard) |
| Filing 83 DESIGNATION OF DEPOSITION TESTIMONY by Tallie McKinney . (Travis, Rex) |
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Filing 82
ORDER for the reasons stated more fully from the bench at docket call held 06/05/2019 trial is continued to the court's 07/2019 trial docket; defendant CSAA's motion to adjust trial date #49 is stricken; defendant CSAA's motion for protective order #75 is denied; defendant Progressive Direct Insurance Co.'s first motion in limine #58 is stricken; pretrial conference is set 07/02/2019 @ 1:30 p.m., in Chambers; jury selection to be held 07/09/2019 @ 1:30 p.m., with trial to commence on 07/10/2019. Signed by Honorable Joe Heaton on 06/05/2019. (lam)
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| Filing 81 Minute Entry for proceedings held before Honorable Joe Heaton... Docket Call held on 6/5/2019; counsel for the parties present; the court hears oral arguments from the parties as to the status of the case; the court continues this case to the courts 07/2019 trial docket and sets this case to begin jury selection on 07/09/2019 @ 1:30 p.m., and jury trial to begin on 07/10/2019 @ 9:30 a.m., in Courtroom No. 303; the pretrial conference will be held on 07/02/2019 @ 1:30 p.m., in Chambers; the court denies defendant CSAA General Insurance Companys motion for protective order #75 ; the court finds defendant CSAA General Insurance Companys motion for leave to adjust trial date #49 and defendant Progressive Direct Insurance Companys motion in limine #58 should be stricken as moot for the reasons stated on the bench; plaintiffs deposition designations shall be filed not later than 06/20/2019, and defendants objections/counter designations shall be filed not later than 06/27/2019. (Court Reporter Emily Eakle.) (cla) |
| Filing 80 ENTRY of Appearance by Joseph F Bufogle on behalf of Tallie McKinney (Bufogle, Joseph) |
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Filing 79
ORDER defendant's motion for protective order #75 will be addressed at docket call on 06/05/2019; contrary to the suggestion in the motion, the trial of this case is not "set to begin on June 11, 2019." Rather, it is set on a trial docket which begins on that day, with the specific trial setting and any other scheduling issues to be resolved at docket call. Signed by Honorable Joe Heaton on 5/31/2019. (cla)
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| Filing 78 REPLY to Response to Motion re #75 MOTION for Protective Order AND Request for Immediate Hearing filed by CSAA General Insurance Company. (Attachments: #1 Exhibit 1 - Affidavit - Pignato)(Pignato, Gerard) |
| Filing 77 RESPONSE in Opposition re #75 MOTION for Protective Order AND Request for Immediate Hearing filed by Tallie McKinney. (Travis, Rex) |
| Filing 76 OBJECTIONS to CSAA's Requested Jury Instructions filed by Tallie McKinney. (Travis, Rex) #1 Exhibit 1-CSAA Discovery Responses) (nv). Modified on 5/30/2019 to add exhibit 1 upon counsel's request (nv). |
| Filing 75 MOTION for Protective Order AND Request for Immediate Hearing by CSAA General Insurance Company. (Pignato, Gerard) |
| Filing 74 RESPONSE to Motion re #59 SECOND MOTION in Limine and Brief in Support - Exclusion of Any Reference to Underinsured Motorist Policy Limits, Liability Policy Limits, Progressives Evaluation and Settlement of Plaintiffs Bodily Injury Claim, CSAAs Evaluation of Plaintiffs Claim, #66 MOTION in Limine Joinder in Progressive's Motion in Limine No. 2 filed by Tallie McKinney. (Travis, Rex) |
| Filing 73 NOTICE to Take Deposition of Dr. Jules Dumais by Tallie McKinney. (Travis, Rex) |
| Filing 72 REPLY to Response to Motion re #53 MOTION in Limine Defendant's Motions in Limine Nos. 1 Through 4 No. 4-Inadmissibility of Testimony of Plaintiff's Medical Expert, Jules A. Dumais, M.D., that Exceeds the Scope of Her Rule 26 Written Report filed by CSAA General Insurance Company. (Attachments: #1 Exhibit 1-Dumais Record, #2 Exhibit 2-Email from Plf)(Pignato, Gerard) |
| Filing 71 OBJECTIONS re #55 Proposed Jury Instructions filed by Tallie McKinney. (Attachments: #1 Exhibit Progressive's Discovery Responses)(Travis, Rex) |
| Filing 70 ENTRY of Appearance by Timothy J Prentice on behalf of Progressive Direct Insurance Company (Prentice, Timothy) |
| Filing 69 OBJECTIONS re #65 MOTION in Limine Joinder in Progressive's Motion in Limine No. 1, #58 FIRST MOTION in Limine or, in the alternative, Motion to Limit Plaintiff's Damages - Inadmissibility of Certain Medical Expenses Claimed by Plaintiff filed by Tallie McKinney. (Milstead, Gregory) |
| Filing 68 RESPONSE to Motion re #62 MOTION in Limine Defendant Progressive Direct Insurance Company's Response to Plaintiff's Motion in Limine filed by Progressive Direct Insurance Company. (Roberson, Brad) |
| Filing 67 RESPONSE to Motion re #53 MOTION in Limine Defendant's Motions in Limine Nos. 1 Through 4 filed by Tallie McKinney. (Attachments: #1 Exhibit Tallie McKinney Deposition Transcript)(Travis, Rex) |
| Filing 66 MOTION in Limine Joinder in Progressive's Motion in Limine No. 2 by CSAA General Insurance Company. (Pignato, Gerard) |
| Filing 65 MOTION in Limine Joinder in Progressive's Motion in Limine No. 1 by CSAA General Insurance Company. (Attachments: #1 Exhibit 1-Medical Affidavits)(Pignato, Gerard) |
| Filing 64 Proposed Jury Instructions by Defendant CSAA General Insurance Company. (Pignato, Gerard) |
| Filing 63 Proposed Voir Dire by Plaintiff Tallie McKinney. (Travis, Rex) |
| Filing 62 MOTION in Limine by Tallie McKinney. (Travis, Rex) |
| Filing 61 Proposed Jury Instructions by Plaintiff Tallie McKinney. (Travis, Rex) |
| Filing 60 FINAL PRETRIAL REPORT. (Travis, Rex) |
| Filing 59 SECOND MOTION in Limine and Brief in Support - Exclusion of Any Reference to Underinsured Motorist Policy Limits, Liability Policy Limits, Progressives Evaluation and Settlement of Plaintiffs Bodily Injury Claim, CSAAs Evaluation of Plaintiffs Claim, and/or Allegations of Bad Faith by Progressive Direct Insurance Company. (Attachments: #1 Exhibit Dec Page, #2 Exhibit SA, Pet & Order, #3 Exhibit chks)(Roberson, Brad) |
| Filing 58 FIRST MOTION in Limine or, in the alternative, Motion to Limit Plaintiff's Damages - Inadmissibility of Certain Medical Expenses Claimed by Plaintiff by Progressive Direct Insurance Company. (Attachments: #1 Exhibit OHCA detail, #2 Exhibit Drayer PT, #3 Exhibit Skiatook FD, #4 Exhibit St. John, #5 Exhibit Tulsa Bone & Joint, #6 Exhibit Tulsa Radiology Assoc, #7 Exhibit payment detail)(Roberson, Brad) |
| Filing 57 NOTICE to Take Deposition of Dr. Jules Demais by Tallie McKinney. (Milstead, Gregory) |
| Filing 56 Proposed Voir Dire by Defendant Progressive Direct Insurance Company. (Roberson, Brad) |
| Filing 55 Proposed Jury Instructions by Defendant Progressive Direct Insurance Company. (Roberson, Brad) |
| Filing 54 Proposed Voir Dire by Defendant CSAA General Insurance Company. (Pignato, Gerard) |
| Filing 53 MOTION in Limine Defendant's Motions in Limine Nos. 1 Through 4 by CSAA General Insurance Company. (Attachments: #1 Exhibit 1 - Depo of Tallie McKinney, #2 Exhibit 2 - Dr. Dumais' Rule 26 Report)(Pignato, Gerard) |
| Filing 52 CIVIL TRIAL DOCKET: Docket Call for the court's 06/2019 trial docket is set for 6/5/2019 @ 02:00 PM in Courtroom 301 before Honorable Joe Heaton. Sequence of trials for both criminal and civil cases will be determined at docket call. (Attachments: #1 Attachment 1 - General Rules of Court) (cla) |
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Filing 51
ORDER granting defendant CSAA's #36 motion for partial summary judgment...see order for specifics. Signed by Honorable Joe Heaton on 5/13/2019. (cla)
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| Filing 50 RESPONSE to Motion re #49 MOTION for Leave to Adjust Trial Date filed by Tallie McKinney. (Travis, Rex) |
| Filing 49 MOTION for Leave to Adjust Trial Date by CSAA General Insurance Company. (Attachments: #1 Exhibit 1-Lesiak Mot to Adjust Trial Date)(Pignato, Gerard) |
| Filing 48 REPLY to Response to Motion re #36 MOTION for Partial Summary Judgment and Supporting Brief filed by CSAA General Insurance Company. (Attachments: #1 Exhibit 1-Affidavits of Med Prov)(Pignato, Gerard) |
| Filing 47 ADR REPORT BY MEDIATOR / EVALUATOR (Threlkeld, C) |
| Filing 46 RESPONSE in Opposition re #36 MOTION for Partial Summary Judgment and Supporting Brief of CSAA filed by Tallie McKinney. (Attachments: #1 Exhibit 1 Settlement Agreement, #2 Exhibit 2 Special Damages List)(Travis, Rex) |
| Filing 45 OBJECTIONS re #42 Exhibit List / Witness List filed by Tallie McKinney. (Milstead, Gregory) |
| Filing 44 OBJECTIONS re #41 Exhibit List / Witness List filed by Tallie McKinney. (Milstead, Gregory) |
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Filing 43
ORDER granting in part and denying in part #25 defendant Progressive Direct Insurance Company's motion for summary judgment as follows: the motion is granted as to plaintiff's bad faith claim and is denied as to the breach of contract claim...see order for specifics. Signed by Honorable Joe Heaton on 04/24/2019. (lam)
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| Filing 42 Exhibit List / Witness List Final by Defendant CSAA General Insurance Company. (Pignato, Gerard) |
| Filing 41 Exhibit List / Witness List Final by Defendant Progressive Direct Insurance Company. (Roberson, Brad) |
| Filing 40 NOTICE of Subpoena by Progressive Direct Insurance Company (Attachments: #1 Exhibit OK Board of Nursing, #2 Exhibit Rogers State Univ)(Roberson, Brad) |
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Filing 39
ORDER granting #38 plaintiff's unopposed motion to substitute party...Tallie McKinney is substituted as plaintiff in this case. Linda McKinney (as Mother and Next Friend of TM, a Minor) terminated. Signed by Honorable Joe Heaton on 04/11/2019. (lam)
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| Filing 38 MOTION to Substitute Party by Linda McKinney. (Travis, Rex) |
| Filing 37 Expert Witness List by Defendant CSAA General Insurance Company. (Pignato, Gerard) |
| Filing 36 MOTION for Partial Summary Judgment and Supporting Brief by CSAA General Insurance Company. (Attachments: #1 Exhibit 1 - CSAA Dec Page, #2 Exhibit 2 - Prog Dec Page, #3 Exhibit 3 - Prog Corresp 9.21.17, #4 Exhibit 4 - CSAA Claim Notes 4.18.18, #5 Exhibit 5 - Greiwe Affidavit, #6 Exhibit 6 - Petition, #7 Exhibit 7 - Plf Resp to CSAA Roggs 1,3, #8 Exhibit 8 - CSAA Eval 1.18.19, #9 Exhibit 9 - Greiwe Ltr 1.22.19)(Pignato, Gerard) |
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Filing 35
ORDER granting #34 defendant CSAA General Insurance Company's unopposed motion for extension of deadline...the deadline for filing dispositive motions is extended to 04/05/2019...all other remaining deadlines in the court's scheduling order #16 remain the same. Signed by Honorable Joe Heaton on 04/01/2019. (lam)
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| Set/Reset Scheduling Order per order #35 the deadline for filing dispositive motions is set for 04/05/2019 all other deadlines remain the same as set forth in the court's scheduling order #16 . (lam) Modified on 4/2/2019 (lam). |
| Filing 34 UNOPPOSED MOTION for Extension of Time to file a Dispositive Motion by CSAA General Insurance Company. (Pignato, Gerard) |
| Filing 33 Exhibit List / Witness List by Plaintiff Linda McKinney. (Travis, Rex) |
| Filing 32 Expert Witness List by Plaintiff Linda McKinney. (Travis, Rex) |
| Filing 31 REPLY in Support re #25 MOTION for Summary Judgment filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit Ex 1 - dkt 51, Response to MSJ, Progressive v Pippin)(Goeres, Dawn) Modified on 3/22/2019 to correct docket text (nv). |
| Filing 30 NOTICE of Subpoena by Progressive Direct Insurance Company (Attachments: #1 Exhibit Rogers State Univ, #2 Exhibit Skiatook HS, #3 Exhibit OK Board of Nursing, #4 Exhibit Hillcrest Hosp Tulsa)(Roberson, Brad) |
| Filing 29 RESPONSE to Motion re #25 MOTION for Summary Judgment filed by Linda McKinney. (Attachments: #1 Exhibit Deposition Transcript of Plaintiff)(Travis, Rex) |
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Filing 28
ORDER granting #27 plaintiff's unopposed motion for extension of deadline...plaintiff shall file her response to defendant Progressive Direct Insurance Company's motion for summary judgment #25 not later than 03/14/2019. Signed by Honorable Joe Heaton on 02/20/2019. (lam)
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| Filing 27 MOTION for Extension of Time to File Response/Reply as to #25 MOTION for Summary Judgment by Linda McKinney. (Travis, Rex) |
| Filing 26 ENTRY of Appearance by Justin R Williams on behalf of CSAA General Insurance Company (Williams, Justin) |
| Filing 25 MOTION for Summary Judgment by Progressive Direct Insurance Company. (Attachments: #1 Exhibit Police Report, #2 Exhibit CSAA Dec Page, #3 Exhibit Prog Dec Page, #4 Exhibit Prog Policy Form 9611D-OK-12-15, #5 Exhibit Form Z357, #6 Exhibit Form 4884 (10-08), #7 Exhibit 7.11.17 corresp, #8 Exhibit 7.18.17 corresp, #9 Exhibit 7.24.17 corresp, #10 Exhibit 7.31.17 corresp, #11 Exhibit 8.24.17 corresp, #12 Exhibit 8.28.17 corresp, #13 Exhibit claim file note 8.29, #14 Exhibit 8.29.17 email, #15 Exhibit August 30 2017 corresp, #16 Exhibit 9.7.17 corresp, #17 Exhibit 9.21.17 corresp, #18 Exhibit 10.31.17 corresp, #19 Exhibit 12.6.17 corresp, #20 Exhibit 12.7.17 corresp, #21 Exhibit 12.11.17 corresp, #22 Exhibit 12.22.17 corresp, #23 Exhibit 1.4.18 corresp, #24 Exhibit Petition, #25 Exhibit excerpts of Plf disc resp, #26 Exhibit excerpts of uw file, #27 Exhibit Progressive v Yousif, #28 Exhibit amicus curaie brief, AMT v Cates, #29 Exhibit PNIC v J And S Exchange Inc, #30 Exhibit Vickers v PNIC)(Goeres, Dawn) |
| Filing 24 ENTRY of Appearance by Dawn M Goeres on behalf of Progressive Direct Insurance Company (Goeres, Dawn) |
| Filing 23 ENTRY of Appearance by Paul M Kolker on behalf of Progressive Direct Insurance Company (Kolker, Paul) |
| Filing 22 NOTICE of Subpoena by Progressive Direct Insurance Company (Attachments: #1 Exhibit Access Medical - Dr. Marsh)(Roberson, Brad) |
| Filing 21 ENTER ORDER - This case is now assigned to Chief Judge Joe Heaton. Hereafter, please refer to case as CIV-18-767-HE. Please note that for future filings in this case, the letter at the end of the number should now be a "HE" rather than an "HE-M". The prior referral to the U.S. Magistrate Judge for the handling and disposition of all pretrial, non-dispositive matters is hereby terminated. Signed by Honorable Joe Heaton on 1/9/2019. (ks) |
| Filing 20 NOTICE of Subpoena by Progressive Direct Insurance Company (Attachments: #1 Exhibit 1 - SDT The Womens Health Group, #2 Exhibit 2 - SDT Urgent Care Clinic, Ellen Hoelscher, MD, #3 Exhibit 3 - SDT OU Physicians, #4 Exhibit 4 - SDT Laura A. Corbin, PA, #5 Exhibit 5 - SDT Samantha P. Vang-Cheng, DO, #6 Exhibit 6 - SDT Marsh MediClinic)(Roberson, Brad) |
| Filing 19 ENTER ORDER REASSIGNING CASE. Case reassigned to Honorable Joe Heaton for all further proceedings. Honorable Vicki Miles-LaGrange no longer assigned to case. (fully set out in order) By direction of Honorable Joe Heaton on 11/20/2018. (sr) |
| Filing 18 NOTICE of Subpoena by Progressive Direct Insurance Company (Attachments: #1 Exhibit Raising Cane's, #2 Exhibit St. John Clinic)(Roberson, Brad) |
| Filing 17 ENTRY of Appearance by Thomas E Baker on behalf of Linda McKinney (Baker, Thomas) |
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Filing 16
SCHEDULING ORDER: Jury Trial set on the June 2019 trial docket (6/11/2019 09:00 AM) in Courtroom 304 before Honorable Vicki Miles-LaGrange; Motions to join due 30 days from date of this order; Motions to amend due 30 days from date of this order; Pla expert witness list and expert reports due 4/1/2019; Dft expert witness list and expert reports due 4/11/2019; Pla witness list due 4/1/2019; Dft witness list due 4/11/2019; Pla exhibit list due 4/1/2019; Dft exhibit list due 4/11/2019; Motions in limine due 5/23/2019; Jury instructions due 5/23/2019; Voir dire requests due 5/23/2019; Trial briefs due 5/23/2019; Discovery due by 5/1/2019. Motions due by 4/1/2019. Pretrial Report due by 5/23/2019. Signed by Clerk of Court by Deputy Clerk on 10/30/2018. (ks)
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| Filing 15 AMENDED NOVEMBER STATUS & SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 10/30/2018 02:40 PM in Chambers before Honorable Vicki Miles-LaGrange. Status Report due by 10/23/2018. (ks) |
| Filing 14 JOINT STATUS REPORT AND DISCOVERY PLAN by Defendant Progressive Direct Insurance Company. (Roberson, Brad) |
| Filing 13 NOTICE of Subpoena by Progressive Direct Insurance Company (Attachments: #1 Exhibit Skiatook EMS, #2 Exhibit St John Health System, #3 Exhibit Tulsa Bone & Joint Associates, #4 Exhibit Summit Physical Therapy, #5 Exhibit St John Physicians, #6 Exhibit CVS Pharmacy, #7 Exhibit Walgreens Pharmacy, #8 Exhibit Wal-Mart Pharmacy, #9 Exhibit Tulsa Radiology Associates)(Roberson, Brad) |
| Filing 12 NOVEMBER STATUS & SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 10/30/2018 02:40 PM in Chambers before Honorable Vicki Miles-LaGrange. Status Report due by 10/23/2018. (ks) |
| Filing 11 DISCLOSURE STATEMENT - CORPORATE by CSAA General Insurance Company . (Pignato, Gerard) |
| Filing 10 ANSWER to Complaint (Notice of Removal) by CSAA General Insurance Company.(Pignato, Gerard) |
| Filing 9 ENTRY of Appearance by Gerard F Pignato on behalf of CSAA General Insurance Company (Pignato, Gerard) |
| Filing 8 ENTRY of Appearance by Gregory W Milstead on behalf of Linda McKinney (Milstead, Gregory) |
| Filing 7 DEMAND for Trial by Jury by Linda McKinney. (Travis, Rex) |
| Filing 6 ENTRY of Appearance by Rex K Travis on behalf of Linda McKinney (Travis, Rex) |
| Filing 5 ANSWER to Complaint (Notice of Removal) by Progressive Direct Insurance Company. (Attachments: #1 Exhibit dec page & policy)(Roberson, Brad) |
| Filing 4 DISCLOSURE STATEMENT - CORPORATE by Progressive Direct Insurance Company . (Roberson, Brad) |
| Filing 3 NOTICE (other) by Progressive Direct Insurance Company to Interested Parties (Roberson, Brad) |
| Filing 2 ENTRY of Appearance by Brad Leslie Roberson on behalf of Progressive Direct Insurance Company (Roberson, Brad) |
| Filing 1 NOTICE OF REMOVAL from Oklahoma County District Court, case number CJ-2018-4154 filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit 1 - CJ-2018-4154 Dkt Sheet, #2 Exhibit 2 - Petition, #3 Exhibit 3 - EOA Milstead, #4 Exhibit 4 - EOA Travis, #5 Exhibit 5 - Summons - CSAA, #6 Exhibit 6 - Summons - Prog, #7 Exhibit 7 - Annual State - Prog, #8 Exhibit 8 - Annual State - CSAA, #9 Civil Cover Sheet)(kmt) |
| PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2752211. (Roberson, Brad) |
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