Godfrey et al v. CSAA Fire & Casualty Insurance Company et al
| Natalie Godfrey and Russ Godfrey |
| Automobile Club of Oklahoma, CSAA Fire & Casualty Insurance Company and Automobile Club of Oklahoma doing business as AAA Oklahoma |
| 5:2019cv00329 |
| April 11, 2019 |
| US District Court for the Western District of Oklahoma |
| Jodi W Dishman |
| Charles Goodwin |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 19, 2021. A more recent docket listing may be available from PACER.
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| Filing 141 STIPULATION of Dismissal with Prejudice by All Plaintiffs. (Givens, Keith) |
| Filing 140 ADMINISTRATIVE CLOSING ORDER: On counsel's representation that the parties have reached a settlement and compromise of all claims in this case, it is ORDERED that the Clerk administratively terminate this action in her records. Unless a party moves to reopen or extend this proceeding within 45 days of the entry of this Order, this action shall be deemed dismissed with prejudice, and this Order shall become a final judgment that satisfies the separate-document requirement for purposes of Federal Rule of Civil Procedure 58(a). Signed by Honorable Jodi W. Dishman on 08/06/2021. (nv) |
| Filing 139 SUBPOENA RETURNED EXECUTED as to Non-Party Allen Lippoldt, filed by Plaintiffs Natalie Godfrey, Russ Godfrey. (Givens, Keith) |
| Filing 138 SUBPOENA Returned Executed by All Plaintiffs as to Michael White. (Givens, Keith) |
Filing 137
ORDER. The Court deems the deadlines referenced in the #136 Telephonic Status Minute Sheet satisfied. Signed by Honorable Jodi W. Dishman on 07/13/2021. (nv)
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| Filing 136 Minute Entry for proceedings held before Honorable Jodi W. Dishman: Status Conference held on 7/7/2021. See Minute for deadlines and details. (nv) |
| Filing 135 ENTER ORDER. This matter is set for Pretrial Conference on Monday, August 9, 2021, at 10:00 a.m., in Courtroom 502. Entered at the direction of the Honorable Jodi W. Dishman on 06/29/2021. (nv) |
| Filing 134 CIVIL JURY TRIAL DOCKET: Jury Trial set for 8/16/2021 at 09:00 AM in Courtroom 502 before the Honorable Jodi W. Dishman. (nv) |
| Filing 133 ENTER ORDER. This matter is set for a status conference on Wednesday, July 7, 2021 at 3:00 p.m., in Courtroom 502. Entered at the direction of the Honorable Jodi W. Dishman on 06/14/2021. (knt) |
| Filing 132 ENTER ORDER. This matter is set for jury trial beginning Monday, August 16, 2021 at 9:00 a.m. through Friday, August 20, 2021 in Courtroom 502 before the Honorable Jodi W. Dishman. The Court will issue a separate order setting this case for a pretrial conference closer to the trial date. Entered at the direction of the Honorable Jodi W. Dishman on 04/26/2021. (nv) |
| Filing 131 Minute Entry for proceedings held before Honorable Jodi W. Dishman: Telephonic Status Conference held on 3/8/2021. See minute sheet for details. (nv) |
| Filing 130 ENTER ORDER. This matter is set for a Telephonic Status Conference on Monday, March 8, 2021, at 2:30 p.m. CST. The conference shall be attended by counsel with authority to make appropriate decisions, at the time indicated. See LCvR16.1(b)(4). The Court's deputy clerk will contact the parties with further instructions. Entered at the direction of the Honorable Jodi W. Dishman on 03/04/2021. (nv) |
| Filing 129 Minute Entry for proceedings held before Honorable Jodi W. Dishman: Telephonic Status Conference held on 1/8/2021. See minute sheet for details. The Court CONTINUES trial in this case from the March 2021 trial docket to the August 2021 trial docket. (nv) |
| Set/Reset Hearings: Jury Trial RESET on the August 2021 jury trial docket at 09:30 AM in Courtroom TBD before the Honorable Jodi W. Dishman. (nv) |
| Filing 128 ENTER ORDER. This matter is set for a Telephonic Status Conference on Friday, January 8, 2021, at 11:30 a.m. The conference shall be attended by counsel with authority to make appropriate decisions, at the time indicated. See LCvR16.1(b)(4). The Court's deputy clerk will contact the parties with further instructions. Entered at the direction of the Honorable Jodi W. Dishman on 01/07/2021. (nv) |
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Filing 127
ORDER granting #126 Motion for Leave for Attorney Withdrawal. See Order for details. Signed by Honorable Jodi W. Dishman on 12/18/2020. (nv)
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| Filing 126 MOTION for Leave Application for Leave for Attorney Withdrawal by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Set/Reset Hearings: Jury Trial set for 3/9/2021 09:30 AM in Courtroom 502 before Honorable Jodi W. Dishman. (nv) |
| IMPORTANT NOTICE: The United States District Court for the Western District of Oklahoma (OKWD) is upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, August 3, 2020. Complete information regarding the OKWD NextGen CM/ECF implementation is available at #http://www.okwd.uscourts.gov/nextgen-information.****Currently, you may share a single PACER account with other attorneys in your firm. With the new OKWD NextGen CM/ECF system, sharing of individual PACER accounts is prohibited. You must have an individual upgraded PACER account linked to your e-filing account. Once again, shared PACER accounts cannot be used by OKWD e-filing attorneys. ****Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account and step two is to link your upgraded PACER account to the OKWD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cannot be completed until on or after August 3, 2020. ****Many PACER accounts have already been upgraded. The first step is to determine whether you have an "Upgraded" PACER account. If any of the following is true, you have an upgraded PACER account and no action is required until after the OKWD NextGen CM/ECF upgrade on August 3, 2020: 1) You have an upgraded PACER account for another NextGen court or 2) Your PACER account was created after August 10, 2014. If neither of these is true, you must upgrade your legacy PACER account before you can link your PACER account to your new NextGen CM/ECF account. ****OKWDs current CM/ECF system will NOT be available from 11:00 AM on 07/31/20 until 8:00 AM on 08/03/20 due to the upgrade. ****Additional notices will be sent at a later date regarding the second step of this process. If you have questions, please contact the PACER Service Center at 800-676-6856 or the OKWD Clerk's Office CM/ECF Help Desk at 405-609-5555. (Pigott, William) (ADI) |
| Filing 125 Minute Entry for proceedings held before Honorable Jodi W. Dishman: Status Conference held on 7/10/2020. See Minute Entry for all details. (nv) |
| Filing 124 OBJECTIONS re #122 Proposed Jury Instructions of Defendant filed by All Plaintiffs. (Givens, Keith) |
| Filing 123 ENTER ORDER. This matter is set for a Telephonic Status Conference on Friday, July 10, 2020, at 10:00 a.m. The conference shall be attended by counsel with authority to make appropriate decisions, at the time indicated. See LCvR16.1(b)(4). You must notify and make arrangements with Courtroom Deputy Nyssa Vasquez by July 2, 2020 for your telephonic appearance. Entered at the direction of the Honorable Jodi W. Dishman on 06/02/2020. (nv) |
| Filing 122 SUPPLEMENTAL Proposed Jury Instructions by Defendant CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
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Filing 121
ORDER granting #120 Motion for Leave to File an Additional Requested Jury Instruction Out of Time. The Court ORDERS that CSAA file its requested supplemental jury instruction [Doc. No. 120-1] with the Court within five (5) days of this Order. Upon the filing of the requested jury instruction, Plaintiffs shall have twenty-one (21) days to file an objection or response to the requested supplemental jury instruction by CSAA. Signed by Honorable Jodi W. Dishman on 05/26/2020. (nv)
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| Filing 120 UNOPPOSED MOTION for Leave Defendant's Unopposed Motion for Leave to File an Additional Requested Jury Instruction Out of Time by CSAA Fire & Casualty Insurance Company. (Attachments: #1 Exhibit 1 - CSAA's Proposed Supp Req Jury Instruction No. 1)(Pignato, Gerard) |
| Filing 119 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/27/2020 before Judge Jodi W. Dishman. Court Reporter: Emily Eakle, Telephone number 405-609-5403. Transcript of: Motions Hearing Volume: I of I Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2020. Redacted Transcript Deadline set for 5/4/2020. Release of Transcript Restriction set for 6/30/2020. (ee) |
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Filing 118
ORDER granting #117 Joint Motion for Mistrial. The Court declares a mistrial. As soon as the present uncertainties and scope of the COVID-19 pandemic in this district and community are clarified, the Court will reset this case for jury trial. Signed by Honorable Jodi W. Dishman on 03/27/2020. (nv)
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| Hearings Terminated: Jury Trial set for 03/30/20, 03/31/20 and 04/01/20. (nv) |
| Filing 117 JOINT MOTION for Order Joint Motion for Mistrial by CSAA Fire & Casualty Insurance Company. (Kane, Matthew) |
| Filing 116 Minute Entry for proceedings held before Honorable Jodi W. Dishman: Telephonic Status Conference held on 3/19/2020. See Minute Sheet for details. (nv) |
| Filing 115 Minute Entry for proceedings held before Honorable Jodi W. Dishman: Jury Selection held on 3/10/2020. Court adjourns to 03/30/2020 at 9:30 a.m. (Court Reporter Emily Eakle.) (nv) |
| Terminate Hearings: Jury Selection held on 03/10/2020 at 1:30 p.m., terminated. (nv) |
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Filing 114
ORDER APPROVING AMENDED FINAL PRETRIAL REPORT. The Amended Final Pretrial Report Doc. No. #111 is approved. Under Federal Rule of Civil Procedure 16(e) and LCvR16.1(c)(2), the Amended Final Pretrial Report will constitute an order of the Court as to all matters contained therein. Signed by Honorable Jodi W. Dishman on 03/09/2020. (nv)
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| Set/Reset Hearings: Jury Selection set for 3/10/2020 at 01:30 PM in Courtroom 502 before Honorable Jodi W. Dishman. Jury Trial has been continued to 03/30/20 beginning at 9:30 a.m. (nv) |
| Filing 113 STIPULATION Stipulations of the Parties by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
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Filing 112
ORDER granting #106 Motion to Continue...Jury Selection in this case is continued to March 10, 2020 at 1:30 p.m...Trial in this case is continued to March 30, 2020, starting at 9:30 a.m. See Order for further details. Signed by Honorable Jodi W. Dishman on 03/06/2020. (nv)
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| Filing 111 FINAL PRETRIAL REPORT. (Attachments: #1 Exhibit Joint WE List, #2 Exhibit P add WE List, #3 Exhibit D add Ex List)(Cole, Kenneth) |
| Filing 110 TRIAL BRIEF Supplemental by Plaintiffs Natalie Godfrey, Russ Godfrey. (Attachments: #1 Exhibit Denial letter, #2 Exhibit CSAA Policy page, #3 Exhibit CSAA Policy page)(Cole, Kenneth) |
| Filing 109 OBJECTIONS re #105 Counter Designation of Deposition Testimony, of Allen Lippoldt filed by Natalie Godfrey, Russ Godfrey. (Cole, Kenneth) |
| Filing 108 SUPPLEMENT re #106 JOINT MOTION to Continue Trial Setting by CSAA Fire & Casualty Insurance Company. (Attachments: #1 Exhibit 1-Mather Docket Sheet)(Kane, Matthew) |
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Filing 107
ORDER FOR SUPPLEMENTAL BRIEFING re #106 JOINT MOTION to Continue Trial Setting filed by CSAA Fire & Casualty Insurance Company... The Court orders the parties to provide supplemental briefing by today, March 5, 2020, at 5:30 p.m. The supplemental brief should address the issues discussed above and all issues and analysis contemplated by General Order 98-4. Additionally, the supplemental brief should attach as exhibits a file-stamped copy of the state-court filing that first set the state-court case for trial (e.g., Pretrial Conference Order, Scheduling Order, Docket, etc.) and a copy of the docket in CJ-2017-3954. Signed by Honorable Jodi W. Dishman on 03/05/2020. (nv)
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| Filing 106 JOINT MOTION to Continue Trial Setting by CSAA Fire & Casualty Insurance Company. (Kane, Matthew) |
| Filing 105 COUNTER DESIGNATION OF DEPOSITION TESTIMONY by CSAA Fire & Casualty Insurance Company Defendant's Counter-Designations to Plaintiffs' Deposition Designations. Related document: #64 Designation of Deposition Testimony filed by Russ Godfrey, Natalie Godfrey.(Robertson, Bruce) |
| Filing 104 OBJECTIONS re #64 Designation of Deposition Testimony, #52 Designation of Deposition Testimony Defendant's Objections to Plaintiffs' Deposition Designations filed by CSAA Fire & Casualty Insurance Company. (Robertson, Bruce) |
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Filing 103
ORDER. Before the Court are Plaintiffs' Motions in Limine Doc. No. #51 and Defendant's Motions in Limine Doc. Nos. #53 , #54 , #55 , #56 , #57 , #59 and #60 . The Court ORDERS that: Godfreys' Motion in Limine No. 1 Doc. No. #51 is GRANTED; Godfreys' Motion in Limine No. 2 Doc. No. #51 is GRANTED; Godfreys' Motion in Limine No. 3 Doc. No. #51 is GRANTED; Godfreys' Motion in Limine No. 4 Doc. No. #51 is GRANTED; Godfreys' Motion in Limine No. 5 Doc. No. #51 is DENIED; Godfreys' Motion in Limine No. 6 Doc. No. #51 is DENIED; Godfreys' Motion in Limine No. 7 Doc. No. #51 is GRANTED; and Godfreys' Motion in Limine No. 8 Doc. No. #51 is GRANTED. CSAA's Motion in Limine No. 1 Doc. No. #53 is GRANTED; CSAA's Motion in Limine No. 2 Doc. No. #54 is GRANTED IN PART; CSAA's Motion in Limine No. 3 Doc. No. #54 is DENIED; CSAA's Motion in Limine No. 4 Doc. No. #54 is GRANTED; CSAA's Motion in Limine No. 5 Doc. No. #54 is GRANTED; CSAA's Motion in Limine No. 6 Doc. No. #54 is GRANTED; CSAA's Motion in Limine No. 7 Doc. No. #54 is GRANTED; CSAA's Motion in Limine No. 8 Doc. No. #55 is GRANTED IN PART; CSAA's Motion in Limine No. 9 Doc. No. #56 is GRANTED IN PART; CSAA's Motion in Limine No. 10 Doc. No. #57 is GRANTED; CSAA's Motion in Limine No. 11 Doc. No. #59 is GRANTED IN PART and DENIED IN PART; and CSAA's Motion in Limine No. 12 Doc. No. #60 is DENIED... See Order for all details. Signed by Honorable Jodi W. Dishman on 03/04/2020. (nv)
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| Filing 102 ACKNOWLEDGEMENT OF SERVICE Executed Trial Subpoena served on Allen Lippoldt Acknowledgement filed by Defendant CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 101 Minute Entry for proceedings held before Honorable Jodi W. Dishman: Final Pretrial Conference held on 2/28/2020. See Minute Sheet for deadlines and details. (nv) |
| Filing 100 STRICKEN REPLY to Response to Motion re #60 MOTION in Limine Defendant's Motion in Limine No. 12 - Any Reference to CSAA's Claim Handling Guidelines is Inadmissible filed by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) Modified on 3/4/2020 to strike document as directed in Order Doc. No. #103 (nv). |
| Filing 99 Minute Entry for proceedings held before the Honorable Jodi W. Dishman: Motion Hearing held on 2/27/2020 re Motions in Limine; Doc. Nos. #51 , #53 , #54 , #55 , #56 , #57 , #59 and #60 . See Minute Sheet for details and rulings. (Court Reporter Emily Eakle.) (nv) |
| Filing 98 UNOPPOSED MOTION for Leave Renewed Unopposed Motion to File Objections and Counter-Designations Out of Time by CSAA Fire & Casualty Insurance Company. (Robertson, Bruce) |
| Filing 97 RESPONSE to Motion re #89 UNOPPOSED MOTION to Amend/Correct #58 Final Pretrial Report Exhibit List Response to Plaintiffs' Unopposed Motion for Leave to Amend Exhibit List Within Pretrial Report filed by CSAA Fire & Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Ultimate Roofing Report)(Robertson, Bruce) |
| Filing 96 STRICKEN ENTRY of Appearance by Keith F Givens on behalf of Natalie Godfrey, Russ Godfrey (Givens, Keith) |
| Filing 95 ENTRY of Appearance by Kenneth G Cole on behalf of Natalie Godfrey, Russ Godfrey (Cole, Kenneth) |
| Filing 94 ENTRY of Appearance by Mark A Engel on behalf of Natalie Godfrey, Russ Godfrey (Engel, Mark) |
| Filing 93 ENTRY of Appearance by Steven S Mansell on behalf of Natalie Godfrey, Russ Godfrey (Mansell, Steven) |
| NOTICE from the Court #92 Entry of Appearance, STRICKEN, counsel already has an Entry of Appearance on file. See Doc. #17 . (nv) |
| NOTICE from the Court #96 Entry of Appearance, STRICKEN Mr. Givens already has an Entry of Appearance on file. See Doc. No. #17 . No need to refile another EOA. (nv) |
| Filing 92 STRICKEN ENTRY of Appearance by Keith F Givens on behalf of All Plaintiffs (Givens, Keith) |
| Filing 91 NOTICE OF PENDING MOTIONS by All Plaintiffs re #66 Order Setting Hearing on Motion,,,,,, (Givens, Keith) |
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Filing 90
ORDER SETTING EXPEDITED BRIEFING re #89 UNOPPOSED MOTION to Amend/Correct #58 Final Pretrial Report Exhibit List filed by Russ Godfrey, Natalie Godfrey. The Court directs Defendant CSAA Fire & Casualty Insurance Company to respond to the Motion on or before Wednesday, February 26, 2020, at 12:00 p.m. to advise the Court if Defendant objects to Plaintiffs adding the report of damages expert Sean Wiley, and to respond to any other matters raised in the Motion. No replies are permitted. Signed by Honorable Jodi W. Dishman on 02/25/2020. (nv)
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| Filing 89 UNOPPOSED MOTION to Amend/Correct #58 Final Pretrial Report Exhibit List by All Plaintiffs. (Attachments: #1 Exhibit 1 - Proposed Final Pretrial Report, #2 Exhibit 2 - Scheduling Order, #3 Exhibit 3 - Correspondence regarding Proposed Order Approving Final Pretrial Report)(Givens, Keith) |
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Filing 88
ORDER denying #87 Motion for Leave to File Objections and Counter-Designations Out of Time. See Order for details. Signed by Honorable Jodi W. Dishman on 02/24/2020. (nv)
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| Magistrate Judge Gary M. Purcell no longer assigned to case. (cps) |
| Filing 87 MOTION for Leave to File Objections and Counter-Designations Out of Time by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
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Filing 86
ENTER ORDER. The case did not settle. Signed by Magistrate Judge Gary M. Purcell on 2/21/2020. (cps)
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| Filing 85 REPLY by Plaintiffs Natalie Godfrey, Russ Godfrey re #81 Response to Motion,, in Limine filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Lippoldt Deposition)(Givens, Keith) |
| Filing 84 OBJECTIONS re #62 Proposed Voir Dire of Defendant filed by All Plaintiffs. (Givens, Keith) |
| Filing 83 OBJECTIONS re #63 Proposed Jury Instructions filed by Natalie Godfrey, Russ Godfrey. (Attachments: #1 Exhibit Policy, #2 Exhibit LeBlanc MIL, #3 Exhibit Brooks depo, #4 Exhibit Hare depo, #5 Exhibit R. Godfrey depo)(Givens, Keith) |
| Filing 82 RESPONSE to Motion re #59 MOTION in Limine Defendant's Motion in Limine No. 11 - Inadmissibility of Testimony and Argument That (1) Independent Adjuster Michael White Was an Employee or Agent of Defendant CSAA, and (2) That CSAA Had Any Express, Implied, Incidental, or filed by Natalie Godfrey, Russ Godfrey. (Attachments: #1 Exhibit White loss report, #2 Exhibit Costello, #3 Exhibit Brooks depo, #4 Exhibit Hare depo, #5 Exhibit R. Godfrey depo)(Givens, Keith) |
| Filing 81 RESPONSE to Motion re #51 MOTION in Limine Defendant's Responses and Objections to Plaintiffs' Motions in Limine filed by CSAA Fire & Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Depo of Natalie Godfrey, #2 Exhibit 2 - Godfrey v. Travelers - Complaint, #3 Exhibit 3 - Pltfs' Petition, #4 Exhibit 4 - ISO Claim Search, #5 Exhibit 5 - Pltf's Answer to Interrogatory No. 5, #6 Exhibit 6 - Affidavit of Gerard F. Pignato, #7 Exhibit 7 - Depo of Allen Lippoldt, #8 Exhibit 8 - Ultimate Roofing Exhibit Excerpts)(Pignato, Gerard) |
| Filing 80 RESPONSE to Motion re #57 MOTION in Limine Defendant's Motion in Limine No. 10 - Exclusion of Evidence of Plaintiffs' Alleged Litigation-Induced Distress, #56 MOTION in Limine Defendant's Motion in Limine No. 9 - Inadmissibility of Any Reference to Punishing the Defendant and/or Punitive Damages Arguments in the First Stage of Trial, #55 MOTION in Limine Defendant's Motion in Limine No. 8 - Inadmissibility of Evidence of Other Claims or Lawsuits Against CSAA filed by Natalie Godfrey, Russ Godfrey. (Givens, Keith) |
| Filing 79 RESPONSE to Motion re #54 MOTION in Limine Defendant's Motion in Limine Nos. 2-7, #53 MOTION in Limine Defendant's Motion in Limine No. 1 - Inadmissibility of Evidence and Testimony Regarding Oklahoma's Unfair Claims Settlement Practices Act filed by Natalie Godfrey, Russ Godfrey. (Attachments: #1 Exhibit Brooks depo, #2 Exhibit Hare depo, #3 Exhibit R. Godfrey depo)(Givens, Keith) |
| Filing 78 RESPONSE re #61 Trial Brief, filed by Natalie Godfrey, Russ Godfrey. (Attachments: #1 Exhibit Policy, #2 Exhibit LeBlanc Trial Brief, #3 Exhibit LeBlanc MIL, #4 Exhibit Brooks depo, #5 Exhibit Hare depo, #6 Exhibit R. Godfrey depo, #7 Exhibit N. Godfrey depo)(Givens, Keith) |
| Filing 77 STRICKEN OBJECTIONS re #63 Proposed Jury Instructions filed by Natalie Godfrey, Russ Godfrey. (Attachments: #1 Exhibit Policy, #2 Exhibit LeBlanc MIL, #3 Exhibit Brooks depo, #4 Exhibit Hare Depo, #5 Exhibit R. Godfrey depo)(Givens, Keith) |
| Filing 76 STRICKEN RESPONSE to Motion re #59 MOTION in Limine Defendant's Motion in Limine No. 11 - Inadmissibility of Testimony and Argument That (1) Independent Adjuster Michael White Was an Employee or Agent of Defendant CSAA, and (2) That CSAA Had Any Express, Implied, Incidental, or filed by Natalie Godfrey, Russ Godfrey. (Attachments: #1 Exhibit White Report, #2 Exhibit Costello depo, #3 Exhibit Brook depo, #4 Exhibit Hare depo, #5 Exhibit R. Godfrey depo)(Givens, Keith) |
| Filing 75 STRICKEN RESPONSE to Motion re #57 MOTION in Limine Defendant's Motion in Limine No. 10 - Exclusion of Evidence of Plaintiffs' Alleged Litigation-Induced Distress, #56 MOTION in Limine Defendant's Motion in Limine No. 9 - Inadmissibility of Any Reference to Punishing the Defendant and/or Punitive Damages Arguments in the First Stage of Trial, #55 MOTION in Limine Defendant's Motion in Limine No. 8 - Inadmissibility of Evidence of Other Claims or Lawsuits Against CSAA filed by Natalie Godfrey, Russ Godfrey. (Givens, Keith) |
| Filing 74 STRICKEN RESPONSE to Motion re #54 MOTION in Limine Defendant's Motion in Limine Nos. 2-7, #53 MOTION in Limine Defendant's Motion in Limine No. 1 - Inadmissibility of Evidence and Testimony Regarding Oklahoma's Unfair Claims Settlement Practices Act filed by Natalie Godfrey, Russ Godfrey. (Attachments: #1 Exhibit Brooks depo, #2 Exhibit Hare depo, #3 Exhibit R. Godfrey depo)(Givens, Keith) |
| Filing 73 STRICKEN RESPONSE re #61 Trial Brief, filed by Natalie Godfrey, Russ Godfrey. (Attachments: #1 Exhibit Policy, #2 Exhibit LeBlanc Trial Brief, #3 Exhibit LeBlanc MIL, #4 Exhibit Sayde Brooks depo, #5 Exhibit Alana Brooks depo, #6 Exhibit Russ Godfrey depo, #7 Exhibit Natalie Godfrey depo)(Givens, Keith) |
| NOTICE from the Court #73 Response, #74 Response to Motion, #75 Response to Motion, #76 Response to Motion and #77 Objections, STRICKEN due to counsel's failure to comply with Doc. No. #39 Enter Order Reassigning, which requires proper case initials to ensure prompt distribution of filings to the proper judge. Counsel to refile. (nv) |
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Filing 72
ORDER RESETTING SETTLEMENT CONFERENCE Settlement Conference set for 2/21/2020 10:00 AM in Courtroom 201 before Magistrate Judge Gary M. Purcell.. Signed by Magistrate Judge Gary M. Purcell on 2/12/2020. (cps)
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| Filing 71 UNOPPOSED MOTION for Order Defendant's Unopposed Request to Reschedule Settlement Conference by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 70 SUBPOENA RETURNED EXECUTED as to Non-Party Allen Lippoldt, filed by Plaintiffs Natalie Godfrey, Russ Godfrey. (Givens, Keith) |
| Filing 69 SUBPOENA RETURNED EXECUTED as to Non-Party Sayde Brooks, filed by Plaintiffs Natalie Godfrey, Russ Godfrey. (Givens, Keith) |
| Filing 68 SUBPOENA RETURNED EXECUTED as to Non-Party Alana Hare, filed by Plaintiffs Natalie Godfrey, Russ Godfrey. (Givens, Keith) |
| Filing 67 STRICKEN SUBPOENA RETURNED EXECUTED as to Non-Party Allen Lippoldt, filed by Plaintiffs Natalie Godfrey, Russ Godfrey. (Givens, Keith) |
| NOTICE from the Court #67 Subpoena Returned Executed as to Non-party, STRICKEN, as it was amended and refiled as Doc. No. #70 . (nv) |
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Filing 66
ORDER Setting Hearing on Motion re #51 MOTION in Limine , #53 MOTION in Limine Defendant's Motion in Limine No. 1 - Inadmissibility of Evidence and Testimony Regarding Oklahoma's Unfair Claims Settlement Practices Act, #54 MOTION in Limine Defendant's Motion in Limine Nos. 2-7, #55 MOTION in Limine Defendant's Motion in Limine No. 8 - Inadmissibility of Evidence of Other Claims or Lawsuits Against CSAA, #56 MOTION in Limine Defendant's Motion in Limine No. 9 - Inadmissibility of Any Reference to Punishing the Defendant and/or Punitive Damages Arguments in the First Stage of Trial, #57 MOTION in Limine Defendant's Motion in Limine No. 10 - Exclusion of Evidence of Plaintiffs' Alleged Litigation-Induced Distress, #59 MOTION in Limine Defendant's Motion in Limine No. 11 and #60 MOTION in Limine Defendant's Motion in Limine No. 12 - Any Reference to CSAA's Claim Handling Guidelines is Inadmissible. Motion Hearing set for 2/27/2020 at 02:00 PM in Courtroom 401 before Honorable Jodi W. Dishman...The parties are expected to confer and to advise the Court by filing a joint notice no later than February 25, 2020, if any of the motions in limine are agreed to or are not contested. Additionally, for any contested motions in limine, lead trial counsel for the parties are directed to report to this Court's chambers on the fifth floor by 1:00 p.m. on February 27, 2020. Signed by Honorable Jodi W. Dishman on 02/10/2020. (nv)
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| Filing 65 DESIGNATION OF DEPOSITION TESTIMONY by CSAA Fire & Casualty Insurance Company (Mark Costello). (Attachments: #1 Exhibit 1-Mark Costello Deposition)(Robertson, Bruce) |
| Filing 64 DESIGNATION OF DEPOSITION TESTIMONY by All Plaintiffs of Allen Lippoldt. (Givens, Keith) |
| Filing 63 Proposed Jury Instructions by Defendant CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 62 Proposed Voir Dire by Defendant CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 61 TRIAL BRIEF by Defendant CSAA Fire & Casualty Insurance Company. (Attachments: #1 Exhibit 1-Deposition Excerpts of Russell Godfrey, #2 Exhibit 2-Deposition Excerpts of Natalie Godfrey, #3 Exhibit 3-Deposition Excerpts of Allen Lippoldt)(Kane, Matthew) |
| Filing 60 MOTION in Limine Defendant's Motion in Limine No. 12 - Any Reference to CSAA's Claim Handling Guidelines is Inadmissible by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 59 MOTION in Limine Defendant's Motion in Limine No. 11 - Inadmissibility of Testimony and Argument That (1) Independent Adjuster Michael White Was an Employee or Agent of Defendant CSAA, and (2) That CSAA Had Any Express, Implied, Incidental, or Apparent Authority Over Independent Adjuster Michael White by CSAA Fire & Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Ltr Dated 3-13-18 from Sayde Brooks to Russ Godfrey, #2 Exhibit 2 Depo of Sayde Brooks)(Pignato, Gerard) |
| Filing 58 FINAL PRETRIAL REPORT. (Givens, Keith) |
| Filing 57 MOTION in Limine Defendant's Motion in Limine No. 10 - Exclusion of Evidence of Plaintiffs' Alleged Litigation-Induced Distress by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 56 MOTION in Limine Defendant's Motion in Limine No. 9 - Inadmissibility of Any Reference to Punishing the Defendant and/or Punitive Damages Arguments in the First Stage of Trial by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 55 MOTION in Limine Defendant's Motion in Limine No. 8 - Inadmissibility of Evidence of Other Claims or Lawsuits Against CSAA by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 54 MOTION in Limine Defendant's Motion in Limine Nos. 2-7 by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 53 MOTION in Limine Defendant's Motion in Limine No. 1 - Inadmissibility of Evidence and Testimony Regarding Oklahoma's Unfair Claims Settlement Practices Act by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 52 DESIGNATION OF DEPOSITION TESTIMONY by All Plaintiffs of Mark Costello. (Givens, Keith) |
| Filing 51 MOTION in Limine by All Plaintiffs. (Attachments: #1 Exhibit 1 - Depo of Allen Lippoldt)(Givens, Keith) |
| Filing 50 Proposed Voir Dire by Plaintiffs Natalie Godfrey, Russ Godfrey. (Givens, Keith) |
| Filing 49 Proposed Jury Instructions by Plaintiffs Natalie Godfrey, Russ Godfrey. (Givens, Keith) |
| Filing 48 ENTRY of Appearance by Bruce A Robertson on behalf of CSAA Fire & Casualty Insurance Company (Robertson, Bruce) |
| Magistrate Judge Gary M. Purcell added. (nv) |
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Filing 47
ORDER SETTING SETTLEMENT CONFERENCE. Settlement Conference set for 2/13/2020 10:00 AM in Courtroom 201 before Magistrate Judge Gary M. Purcell. Signed by Magistrate Judge Gary M. Purcell on 2/3/2020. (rmc)
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| Filing 46 NOTICE FROM THE COURT. Available on the website for the United States District Court for the Western District of Oklahoma, under "Rules & Procedures, Chambers Rules," are the following that are applicable in civil cases in front of Judge Dishman: (1) Chamber Procedures for Civil Cases (issued 1-28-2020) and (2) Civil Cases: Guidelines for Protective Orders on Confidentiality, Sealing Documents, and Redactions (issued 1-29-2020). Parties are expected to comply with these rules for all filings and proceedings going forward. The Court intends to strike filings that fail to comply with these rules. (nv) |
| Filing 45 ENTER ORDER. This matter is set for Pretrial Conference on Friday, February 28, 2020 at 09:00 AM in Chambers, Room 5011 before the Honorable Jodi W. Dishman. Entered at the direction of the Honorable Jodi W. Dishman on 01/31/2020. (nv) |
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Filing 44
ORDER granting #42 Motion for Settlement...the Court GRANTS Plaintiffs' Motion for Settlement Conference Doc. No. #42 and REFERS this matter to United States Magistrate Judge Gary Purcell for a settlement conference under LCvR16.2. The settlement conference will be conducted on a date and time to be determined by Judge Purcell. Signed by Honorable Jodi W. Dishman on 01/30/2020. (nv)
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| Filing 43 OBJECTIONS re #42 MOTION for Settlement Conference Defendant's Objection to Plaintiffs' Motion to Schedule Settlement Conference filed by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 42 MOTION for Settlement Conference by All Plaintiffs. (Givens, Keith) |
| Filing 41 CIVIL TRIAL DOCKET: Jury Trial set for 3/10/2020 at 09:30 AM in Courtroom 502 before Honorable Jodi W. Dishman. (nv) |
| Set/Reset Deadlines: Discovery due by 2/3/2020 per Doc. #40 Order. (nv) |
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Filing 40
ORDER granting in part and denying in part #33 Motion for Extension of Time to File. Signed by Honorable Jodi W. Dishman on 01/16/2020. (em)
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| Filing 39 ENTER ORDER REASSIGNING CASE. Case reassigned to Honorable Jodi W. Dishman for all further proceedings. Honorable Charles Goodwin no longer assigned to case. Signed by the direction of Honorable Charles Goodwin on 01/08/2020. (jb) |
| Filing 38 NOTICE of Change of Address by Gerard F Pignato (Pignato, Gerard) |
| Filing 37 REPLY to Response to Motion re #33 MOTION for Extension of Time Defendant's Opposed Motion for Amended Scheduling Order Defendant's Reply in Support of Opposed Motion for Amended Scheduling Order filed by CSAA Fire & Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Depo Transcript of Russell Godfrey, #2 Exhibit 2 - Depo Transcript of Natalie Godfrey)(Pignato, Gerard) |
| Filing 36 RESPONSE in Opposition re #33 MOTION for Extension of Time Defendant's Opposed Motion for Amended Scheduling Order filed by Natalie Godfrey, Russ Godfrey. (Attachments: #1 Exhibit D-CSAA Discovery to Godfrey, #2 Exhibit P's Resp to D-CSAA Discovery, #3 Exhibit Report, #4 Exhibit D-CSAA Rule 26 Disclosures, #5 Exhibit 09.09.19 Ps' 1st Disy to D-CSAA, #6 Exhibit 10.14.19 D-CSAA Ans to Ps' 1st Interrogs, #7 Exhibit 11.08.19 - D-CSAA Resp to Ps' 1st RFP, #8 Exhibit 10.21.19 Email Givens to Pignato, #9 Exhibit 10.29.19 Email Pignato to Givens, #10 Exhibit D's Notice of Depo - Lippoldt)(Givens, Keith) |
| Filing 35 NOTICE of Subpoena by CSAA Fire & Casualty Insurance Company (Deposition Subpoena of Allen Lippoldt) (Attachments: #1 Exhibit 1-Lippoldt Deposition Subpoena)(Kane, Matthew) |
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Filing 34
ORDER for Response. Plaintiffs are directed to file a written response to Defendant's Motion within seven (7) days of this Order. Signed by Honorable Charles Goodwin on 12/10/2019. (jb)
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| Filing 33 MOTION for Extension of Time Defendant's Opposed Motion for Amended Scheduling Order by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 32 ENTRY of Appearance by Susan F Kane on behalf of CSAA Fire & Casualty Insurance Company (Kane, Susan) |
| Filing 31 SUBPOENA RETURNED EXECUTED as to Non-Party Cameron McCoy, filed by Plaintiffs Natalie Godfrey, Russ Godfrey. (Givens, Keith) |
| Filing 30 NOTICE of Subpoena by Natalie Godfrey, Russ Godfrey (Attachments: #1 Exhibit SDT - Cameron McCoy (AAA Oklahoma))(Givens, Keith) |
| Filing 29 OBJECTIONS re #23 Exhibit List filed by All Plaintiffs. (Givens, Keith) |
| Filing 28 NOTICE to Take Deposition of Mark Costello by All Plaintiffs. (Givens, Keith) |
| Filing 27 NOTICE to Take Deposition of Sayde Brooks by All Plaintiffs. (Givens, Keith) |
| Filing 26 NOTICE to Take Deposition of Mark Costello by All Plaintiffs. (Givens, Keith) |
| Filing 25 NOTICE to Take Deposition of Alana Hare by All Plaintiffs. (Givens, Keith) |
| Filing 24 OBJECTIONS re #19 Exhibit List Defendant's Objections to Plaintiffs' Final Exhibit List filed by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 23 Exhibit List Defendant's Final Exhibit List by Defendant CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 22 Witness List Defendant's Final Witness List by Defendant CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 21 ENTRY of Appearance by Matthew C Kane on behalf of CSAA Fire & Casualty Insurance Company (Kane, Matthew) |
| Filing 20 Witness List by Plaintiffs Natalie Godfrey, Russ Godfrey. (Givens, Keith) |
| Filing 19 Exhibit List by Plaintiffs Natalie Godfrey, Russ Godfrey. (Givens, Keith) |
| Filing 18 Expert Witness List by Plaintiffs Natalie Godfrey, Russ Godfrey. (Givens, Keith) |
| Filing 17 ENTRY of Appearance by Keith F Givens on behalf of All Plaintiffs (Givens, Keith) |
| Filing 16 NOTICE of Change of Address by Gerard F Pignato (Pignato, Gerard) |
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Filing 15
SCHEDULING ORDER: Motions to join due 14 days; Motions to amend due 14 days; Pla expert witness list and expert reports due 10/21/2019; Dft expert witness list and expert reports due 21 days thereafter; Pla witness list due 11/04/2019; Dft witness list due 14 days thereafter; Pla exhibit list due 11/04/2019; Dft exhibit list due 14 days thereafter; Motions in limine due 02/07/2020; Jury instructions due 02/07/2020; Voir dire requests due 02/07/2020; Discovery due by 1/2/2020. Jury Trial set for 3/10/2020 09:30 AM in Courtroom 305 before Honorable Charles Goodwin. Motions due by 12/2/2019. Pretrial Report due by 2/7/2020. Signed by Honorable Charles Goodwin on 07/01/2019. (jb)
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| Filing 14 JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiffs Natalie Godfrey, Russ Godfrey. (Engel, Mark) |
| Filing 13 ANSWER to #12 Amended Complaint by CSAA Fire & Casualty Insurance Company.(Pignato, Gerard) |
| Filing 12 AMENDED COMPLAINT against CSAA Fire & Casualty Insurance Company filed by All Plaintiffs.(Engel, Mark) |
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Filing 11
ORDER granting #8 Motion for Leave to Amend Complaint. Plaintiffs to file an amended complaint, which conforms to Exhibit 1 of their motion, within seven days of this order. Signed by Honorable Charles Goodwin on 06/12/2019. (jb)
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| Filing 10 DOCKET: Scheduling Conference set for 7/1/2019 11:20 AM in Chambers before Honorable Charles Goodwin. Status Report due by 6/24/2019. (jb) |
| Filing 9 RESPONSE to Motion re #8 MOTION for Leave to File First Amended Complaint filed by CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 8 MOTION for Leave to File First Amended Complaint by All Plaintiffs. (Attachments: #1 Exhibit First Amended Complaint)(Engel, Mark) |
| Filing 7 ANSWER to Complaint by CSAA Fire & Casualty Insurance Company.(Pignato, Gerard) |
| Filing 6 ENTRY of Appearance by Joshua K Hefner on behalf of CSAA Fire & Casualty Insurance Company (Hefner, Joshua) |
| Filing 5 DISCLOSURE STATEMENT - CORPORATE by CSAA Fire & Casualty Insurance Company . (Pignato, Gerard) |
| Filing 4 STATUS REPORT on Removed Action by Defendant CSAA Fire & Casualty Insurance Company. (Pignato, Gerard) |
| Filing 3 NOTICE OF FILING NOTICE OF REMOVAL by CSAA Fire & Casualty Insurance Company re #1 Notice of Removal,, (Pignato, Gerard) |
| Filing 2 ENTRY of Appearance by Gerard F Pignato on behalf of CSAA Fire & Casualty Insurance Company (Pignato, Gerard) |
| PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2902734. (Pignato, Gerard) |
| Filing 1 NOTICE OF REMOVAL from District Court of Oklahoma County, case number CJ-18-7124 filed by CSAA Fire & Casualty Insurance Company. (Attachments: #1 Exhibit 1 - State Docket Sheet, #2 Exhibit 2 - Petition, #3 Exhibit 3 - EOA Adam Engel, #4 Exhibit 4 - EOA M. Engel, #5 Exhibit 5 - EOA S. Mansell, #6 Exhibit 6 - EOA K. Cole, #7 Exhibit 7 - Summons to Auto Club, #8 Exhibit 8 - Summons to CSAA, #9 Exhibit 9 - Amended Summons to CSAA, #10 Exhibit 10 - NAIC Co. Demo, #11 Exhibit 11 - ODI Summons, #12 Civil Cover Sheet)(ank) |
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