Choctaw Road Shopping Center LLC v. State Auto Property and Casualty Insurance Company
Plaintiff: Choctaw Road Shopping Center LLC
Defendant: State Auto Property and Casualty Insurance Company
Case Number: 5:2019cv00676
Filed: July 25, 2019
Court: US District Court for the Western District of Oklahoma
Presiding Judge: Jodi W Dishman
Referring Judge: David L Russell
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 Petition for Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 13, 2020 Filing 45 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 30 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 07/13/2020. (nv)
June 24, 2020 Filing 44 Proposed Jury Instructions by Defendant State Auto Property and Casualty Insurance Company. (Pignato, Gerard)
June 24, 2020 Filing 43 Proposed Voir Dire by Defendant State Auto Property and Casualty Insurance Company. (Pignato, Gerard)
June 24, 2020 Filing 42 REPLY to Response to Motion re #34 MOTION for Partial Summary Judgment and Supporting Brief Defendant's Reply to Plaintiff's Response to Defendant's Motion for Partial Summary Judgment filed by State Auto Property and Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Email from McCaleb & Preferred Roofing Invoice, #2 Exhibit 2 - Depo of Mark Ephraim)(Pignato, Gerard)
June 19, 2020 Filing 41 RESPONSE in Opposition re #34 MOTION for Partial Summary Judgment and Supporting Brief filed by All Plaintiffs. (Attachments: #1 Exhibit July 2018. Air Conditioner Invoices, #2 Exhibit Excperts from June 10, 2020 Mark Ephraim Deposition, #3 Exhibit 2.18.19.Combs email to Bradford, #4 Exhibit 11.28.18.Parker Engineering Report, #5 Exhibit 3.2.20.Preferred Roofing Invoice, #6 Exhibit 5.22.18.Verisk Climate Hail History Report, #7 Exhibit 3.12.19.State Auto Acknowledgment Letter, #8 Exhibit 7.31.18.Page from Haag Engineering Report, #9 Exhibit 7.25.18.Parker Photos, #10 Exhibit 7.25.18.Parker Photos)(McCaleb, Stephen)
June 18, 2020 Filing 40 ENTRY of Appearance by Corey A Neller on behalf of State Auto Property and Casualty Insurance Company (Neller, Corey)
June 16, 2020 Opinion or Order Filing 39 ORDER. Under General Order 20-17 and under Federal Rules of Civil Procedure 1 and 16(b)(4), the Court STRIKES the trial date set for August 11, 2020 to be reset after the Court rules on the pending partial motion for summary judgment. [See Doc. No. 34]. It is further ORDERED that the parties' pretrial conference set for July 28, 2020, and all remaining pretrial filing deadlines in the Court's current scheduling order [Doc. No. 25, as modified by Doc. No. 33] are CONTINUED until further order by the Court. All other deadlines not specifically mentioned, including the deadline to complete discovery, remain the same. See Order for all details. Signed by Honorable Jodi W. Dishman on 06/16/2020. (Attachments: #1 Exhibit 1-General Order 20-17)(nv)
June 12, 2020 Filing 38 OBJECTIONS to Defendant's Final Exhibit List filed by All Plaintiffs. (McCaleb, Stephen)
June 9, 2020 Filing 37 ENTER ORDER. This matter is set for Pretrial Conference on Tuesday, July 28, 2020 at 1:30 p.m., in Courtroom 502. Entered at the direction of the Honorable Jodi W. Dishman on 06/09/2020. (nv)
June 9, 2020 Filing 36 CIVIL JURY TRIAL DOCKET: Jury Trial set for 8/11/2020 at 09:30 AM in Courtroom 502 before the Honorable Jodi W. Dishman. (nv)
May 29, 2020 Filing 35 Exhibit List Defendant's Final Exhibit List by Defendant State Auto Property and Casualty Insurance Company. (Pignato, Gerard)
May 29, 2020 Filing 34 MOTION for Partial Summary Judgment and Supporting Brief by State Auto Property and Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Policy, #2 Exhibit 2 - Claim Notes, #3 Exhibit 3 - Claim File, #4 Exhibit 4 - ROR Ltr, #5 Exhibit 5 - Haag Report, #6 Exhibit 6 - SA Ltr to CR 9.5.18, #7 Exhibit 7 - Parker Report, #8 Exhibit 8 - SA Ltr 3.12.19, #9 Exhibit 9 - VanDorn Report)(Pignato, Gerard)
March 26, 2020 Opinion or Order Filing 33 ORDER granting #32 Motion for Extension of Time to File, AS MODIFIED...All remaining deadlines are extended by 60 days, with the trial to be reset on the Court's August 2020 trial docket. Signed by Honorable Jodi W. Dishman on 03/26/2020. (nv)
March 26, 2020 Filing 32 JOINT MOTION for Extension of Time Joint Motion to Extend All Deadlines by State Auto Property and Casualty Insurance Company. (Pignato, Gerard)
March 26, 2020 Set/Reset Scheduling Order Deadlines: Discovery due by 6/30/2020. Motions due by 5/31/2020. Jury Trial set for 8/11/2020 09:30 AM in Courtroom 502 before Honorable Jodi W. Dishman. Pretrial Report due by 7/31/2020. See Order #33 . (nv)
March 19, 2020 Filing 31 OBJECTIONS re #26 Exhibit List / Witness List filed by State Auto Property and Casualty Insurance Company. (Pignato, Gerard)
March 19, 2020 Filing 30 Witness List by Defendant State Auto Property and Casualty Insurance Company. (Pignato, Gerard)
March 19, 2020 Filing 29 Expert Witness List by Defendant State Auto Property and Casualty Insurance Company. (Pignato, Gerard)
March 6, 2020 Filing 28 Expert Witness List Plaintiff's First Amended Expert List by Plaintiff Choctaw Road Shopping Center LLC. (McCaleb, Stephen)
March 6, 2020 NOTICE from the Court #27 Witness List - Expert, STRICKEN due to counsel's failure to comply with Doc. No. #12 Order Reassigning Case, which requires proper case initials to ensure prompt distribution of filings to the proper judge. Counsel to refile. (nv)
March 5, 2020 Filing 27 STRICKEN Expert Witness List Plaintiff's First Amended Expert List by Plaintiff Choctaw Road Shopping Center LLC. (McCaleb, Stephen)
March 5, 2020 Filing 26 Exhibit List / Witness List Plaintiff's First Amended Final Exhibit and Witness List Per Court Order [Doc. 25] by Plaintiff Choctaw Road Shopping Center LLC. (McCaleb, Stephen)
March 5, 2020 Set/Reset Scheduling Order Deadlines per Order #25 : Discovery due by 5/1/2020. Motions due by 4/1/2020. Jury Trial set for 6/9/2020 at 09:30 AM in Courtroom 502 before the Honorable Jodi W. Dishman. Pretrial Report due by 6/1/2020. (nv)
February 21, 2020 Opinion or Order Filing 25 ORDER granting in part and denying in part #24 Motion for Extension of Time. See Order for extended deadlines and details. Signed by Honorable Jodi W. Dishman on 02/21/2020. (nv)
February 13, 2020 Filing 24 JOINT MOTION for Extension of Time by State Auto Property and Casualty Insurance Company. (Pignato, Gerard)
February 12, 2020 Set/Reset Hearings: Jury Trial set for 5/12/2020 09:30 AM in Courtroom 502 before Honorable Jodi W. Dishman. (nv)
February 6, 2020 Opinion or Order Filing 23 ORDER granting #22 Joint Motion to Strike Hearing...the Court STRIKES the hearing on Defendant's motion to compel set for February 6, 2020. Signed by Honorable Jodi W. Dishman on 02/06/2020. (nv)
February 5, 2020 Filing 22 JOINT MOTION for Order to Strike Hearing by All Plaintiffs. (McCaleb, Stephen)
February 4, 2020 Filing 21 NOTICE (other) by State Auto Property and Casualty Insurance Company re #14 MOTION to Compel Notice of Resolution of Discovery Matter (Pignato, Gerard)
February 3, 2020 Filing 20 Exhibit List Experts by Plaintiff Choctaw Road Shopping Center LLC. (McCaleb, Stephen)
February 3, 2020 Filing 19 Exhibit List / Witness List by Plaintiff Choctaw Road Shopping Center LLC. (McCaleb, Stephen)
February 2, 2020 Filing 18 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)
January 31, 2020 Filing 17 RESPONSE in Opposition re #14 MOTION to Compel filed by All Plaintiffs. (Attachments: #1 Exhibit PLAINTIFF CHOCTAW ROAD SHOPPING CENTER, LLCS RESPONSES TO DEFENDANT STATE AUTO PROPERTY & CASUALTY INSURANCE COMPANYS FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF, #2 Exhibit EMAILS)(McCaleb, Stephen)
January 29, 2020 Filing 16 NOTICE of Change of Address by Gerard F Pignato (Pignato, Gerard)
January 27, 2020 Opinion or Order Filing 15 ORDER Setting Expedited Briefing and Hearing re #14 MOTION to Compel : The Court directs Plaintiff Choctaw Road Shopping Center, LLC to respond on or before Friday, January 31, 2020...Defendant State Auto Property & Casualty Insurance Company shall file its reply, if any, on or before Wednesday, February 5, 2020...The Court further orders the parties to appear before the Court on Thursday, 2/6/2020 at 03:00 PM in Courtroom 502 before the Honorable Jodi W. Dishman. Signed by Honorable Jodi W. Dishman on 01/27/2020. (nv)
January 24, 2020 Filing 14 MOTION to Compel by State Auto Property and Casualty Insurance Company. (Attachments: #1 Exhibit 1 - State Auto's Discovery Requests)(Pignato, Gerard)
January 24, 2020 Filing 13 ENTRY of Appearance by Matthew C Kane on behalf of State Auto Property and Casualty Insurance Company (Kane, Matthew)
December 24, 2019 Opinion or Order Filing 12 ORDER REASSIGNING CASE. Case reassigned to Honorable Jodi W. Dishman for all further proceedings. Honorable David L. Russell no longer assigned to case. Signed by Honorable David L. Russell on 12/24/19. (jw)
October 17, 2019 Filing 11 DISCLOSURE STATEMENT - LLC by Choctaw Road Shopping Center LLC . (McCaleb, Stephen)
October 2, 2019 Opinion or Order Filing 10 SCHEDULING ORDER: Motions to amend due 60 days; Motions in limine due 5/1/20; Jury instructions due 5/1/20; Voir dire requests due 5/1/20; Discovery due by 4/1/2020. Jury Trial set for 5/12/2020 09:00 AM in Courtroom 302 before Honorable David L. Russell. Motions due by 3/2/2020. Pretrial Report due by 5/1/2020.. Signed by Honorable David L. Russell on 10/2/19. (jw)
October 2, 2019 Filing 9 ENTRY of Appearance by Joshua K Hefner on behalf of State Auto Property and Casualty Insurance Company (Hefner, Joshua)
September 23, 2019 Filing 8 JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff Choctaw Road Shopping Center LLC. (McCaleb, Stephen)
September 3, 2019 Filing 7 NOTICE of Change of Address by Gerard F Pignato (Pignato, Gerard)
August 15, 2019 Filing 6 DOCKET: Scheduling Conference set for 10/2/2019 11:00 AM Room 3423 before Honorable David L. Russell. Status Report due by 9/23/2019. (jw) (Main Document 6 replaced on 8/29/2019, corrected day of the week only) (jw).
August 9, 2019 Filing 5 DISCLOSURE STATEMENT - CORPORATE by State Auto Property and Casualty Insurance Company . (Pignato, Gerard)
July 25, 2019 Filing 4 ANSWER to Complaint by State Auto Property and Casualty Insurance Company.(Pignato, Gerard)
July 25, 2019 Filing 3 NOTICE OF FILING NOTICE OF REMOVAL by State Auto Property and Casualty Insurance Company re #1 Notice of Removal,, Notice to Interested Parties (Pignato, Gerard)
July 25, 2019 Filing 2 ENTRY of Appearance by Gerard F Pignato on behalf of State Auto Property and Casualty Insurance Company (Pignato, Gerard)
July 25, 2019 Filing 1 NOTICE OF REMOVAL from Grady County District Court, case number CJ-2019-179 filed by State Auto Property and Casualty Insurance Company. (Attachments: #1 Exhibit 1 - State Court Docket Sheet, #2 Exhibit 2 - Petition, #3 Exhibit 3 - Summons, #4 Exhibit 4 - EOA - Stephen L. McCaleb, #5 Exhibit 5 - EOA - Donald B. Nevard, #6 Exhibit 6 - Proof of Service by Certified Mail, #7 Exhibit 7 - Dec Page, #8 Exhibit 8 - NAIC Demographics - State Auto Prop & Casualty, #9 Exhibit 9 - Summons Rcvd by OID's Legal Division, #10 Civil Cover Sheet)(nv)
July 25, 2019 PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2965789. (Pignato, Gerard)

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Defendant: State Auto Property and Casualty Insurance Company
Represented By: Gerard F Pignato
Represented By: Corey A Neller
Represented By: Joshua K Hefner
Represented By: Matthew C Kane
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Plaintiff: Choctaw Road Shopping Center LLC
Represented By: Stephen L McCaleb
Represented By: Donald B Nevard
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