Marks Short Stop Inc v. State Auto Property and Casualty Company Insurance Co
| Marks Short Stop Inc |
| State Auto Property and Casualty Insurance Co |
| 5:2021cv00134 |
| February 19, 2021 |
| US District Court for the Western District of Oklahoma |
| Bernard Jones |
| Bernard M Jones |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 9, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 54 STIPULATION of Dismissal Stipulation of Dismissal With Prejudice by State Auto Property and Casualty Insurance Co. (Pignato, Gerard) |
Filing 53
ADMINISTRATIVE CLOSING ORDER: This action is administratively terminated without prejudice to the rights of the parties to reopen for entry of any stipulation or order. If, within thirty days of the date of this order, closing papers have not been filed or leave sought to reopen the case, this action shall be deemed dismissed with prejudice. Signed by Judge Bernard M. Jones on 12/2/2021. (dwl)
|
| Filing 52 OBJECTIONS re #49 Exhibit List filed by All Plaintiffs. (Landeros, Shawna) |
| Filing 51 NOTICE of Subpoena by State Auto Property and Casualty Insurance Co Notice of Subpoena Duces Tecum (Attachments: #1 Exhibit 1 - SDT to Travelers Casualty Ins Co. [c/o Corp Srvc Company])(Pignato, Gerard) |
| Filing 50 MOTION to Amend/Correct State Auto Property and Casualty Insurance Company's Motion to Amend Answers to Plaintiff's Requests for Admissions by State Auto Property and Casualty Insurance Co. (Attachments: #1 Exhibit 1 - Def's Responses to Pltf's First Set of Requests for Admissions)(Kane, Matthew) |
| Filing 49 Exhibit List Defendant's Final Exhibit List by Defendant State Auto Property and Casualty Insurance Co. (Kane, Matthew) |
| Filing 48 Exhibit List Amended by Plaintiff Marks Short Stop Inc. (Landeros, Shawna) |
| Filing 47 Witness List Amended by Plaintiff Marks Short Stop Inc. (Landeros, Shawna) |
| Filing 46 NOTICE of Subpoena by State Auto Property and Casualty Insurance Co Notice of Subpoena Duces Tecum (Attachments: #1 Exhibit 1 - SDT to Oklahoma Agents Alliance, LLC)(Pignato, Gerard) |
| Filing 45 MOTION for Partial Summary Judgment State Auto Property and Casualty Insurance Company's Motion for Partial Summary Judgment and Brief in Support by State Auto Property and Casualty Insurance Co. (Attachments: #1 Exhibit 1 - Policy, #2 Exhibit 2 - Claim Note Excerpts, #3 Exhibit 3 - Travelers Claim File Excerpts, #4 Exhibit 4 - Part 1 - State Auto Inspection, #5 Exhibit 4 - Part 2 - State Auto Inspection, #6 Exhibit 4 - Part 3 - State Auto Inspection, #7 Exhibit 4- Part 4 - State Auto Inspection, #8 Exhibit 4 - Part 5 - State Auto Inspection, #9 Exhibit 5 - State Auto Denial Letter, #10 Exhibit 6 - Roofer Estimate, #11 Exhibit 7 - Donan Report, #12 Exhibit 8 - Second Denial Letter, #13 Exhibit 9 - Part 1 - Parker Report, #14 Exhibit 9 - Part 2 - Parker Report, #15 Exhibit 9 - Part 3 - Parker Report, #16 Exhibit 10 - Hail Trace Report Options, #17 Exhibit 11 - Additional Hail Trace Report, #18 Exhibit 12 - Chynoweth Report, #19 Exhibit 13 - Pltf's Disclosures & Discovery Responses)(Kane, Matthew) |
| Filing 44 OBJECTIONS re #40 Exhibit List Objections to Plaintiff's Final Exhibit List filed by State Auto Property and Casualty Insurance Co. (Pignato, Gerard) |
| Filing 43 Witness List Final Witness List by Defendant State Auto Property and Casualty Insurance Co. (Pignato, Gerard) |
| Filing 42 NOTICE of Subpoena by State Auto Property and Casualty Insurance Co Notice of Subpoena Duces Tecum (Attachments: #1 Exhibit 1 - SDT to Travelers Casualty (Corp. Co.), #2 Exhibit 2 - SDT to Travelers Casualty (Connecticut Comm. Ins.), #3 Exhibit 3 - SDT to Robert Coy Jennings, #4 Exhibit 4 - SDT to Nathan Beck)(Pignato, Gerard) |
| Filing 41 NOTICE (other) by All Plaintiffs Agreement to Participate in Mediation (Landeros, Shawna) |
| Filing 40 Exhibit List by Plaintiff Marks Short Stop Inc. (Landeros, Shawna) |
|
Filing 39
ORDER ~ The Court GRANTS Defendant's unopposed motion to file its motion for summary judgment out of time #36 and the parties' joint motion to file pre-trial submissions out of time #38 . The relevantpleadings are due no later than November 8, 2021. Defendant's response to Plaintiff's motion to compel #37 is due no later than November 23, 2021. Signed by Judge Bernard M. Jones on 11/3/2021. (dwl)
|
| Filing 38 JOINT MOTION for Leave to File Submissions Out of Time by State Auto Property and Casualty Insurance Co. (Pignato, Gerard) |
| Filing 37 MOTION to Compel by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1 - Dft Resp to Pltf 1 ROGS & RFP, #2 Exhibit Exhibit 2 - Email 2021.07.01, #3 Exhibit Exhibit 3 - Dft Ltr Supp Doc Production, #4 Exhibit Exhibit 4 - Email 2021.10.22, #5 Exhibit Exhibit 5 - Email 2021.10.22)(Landeros, Shawna) |
| Filing 36 UNOPPOSED MOTION for Leave to File a Dispositive Motion Out of Time by State Auto Property and Casualty Insurance Co. (Pignato, Gerard) |
| Filing 35 Expert Witness List by Defendant State Auto Property and Casualty Insurance Co. (Pignato, Gerard) |
| Filing 34 Witness List by Plaintiff Marks Short Stop Inc. (Landeros, Shawna) |
| Filing 33 Expert Witness List by Plaintiff Marks Short Stop Inc. (Landeros, Shawna) |
| Filing 32 NOTICE of Subpoena by State Auto Property and Casualty Insurance Co (Attachments: #1 Exhibit 1 - Subpoena Duces Tecum to Travelers Casualty Ins Co)(Pignato, Gerard) |
| Filing 31 AMENDED SCHEDULING ORDER: Pla expert witness list and expert reports due 10/5/2021; Dft expert witness list and expert reports due 10/20/2021; Pla witness list due 10/5/2021; Dft witness list due 10/20/2021; Pla exhibit list due 10/20/2021; Dft exhibit list due 11/5/2021; Motions in limine due 1/1/2022; Jury instructions due 1/1/2022; Voir dire requests due 1/1/2022; Trial briefs due 1/1/2022; Discovery due by 12/5/2021. Jury Trial set on the Court's 2/2022 trial docket before Honorable Bernard M. Jones. Motions due by 11/1/2021. Pretrial Report due by 1/1/2022. Signed by Honorable Bernard M. Jones on 8/5/2021. (dwl) |
|
Filing 30
ORDER ~ Granting #23 Motion to Extend Deadlines or Hearings. Signed by Honorable Bernard M. Jones on 8/5/2021. (dwl)
|
| Filing 29 REPLY by Plaintiff Marks Short Stop Inc re #23 MOTION to Extend Deadlines or Hearings filed by All Plaintiffs. (Attachments: #1 Exhibit Letter re Defendant Supplemental Documents)(Landeros, Shawna) |
|
Filing 28
ORDER ~ Plaintiff seeks an extension to the scheduling order deadlines #23 and Defendant objects. #27 . The Court believes a reply would be helpful and orders Plaintiff to address Defendant's arguments on or before August 6, 2021. Signed by Honorable Bernard M. Jones on 8/3/2021. (dwl)
|
| Filing 27 RESPONSE in Opposition re #23 MOTION to Extend Deadlines or Hearings filed by State Auto Property and Casualty Insurance Co. (Kane, Matthew) |
|
Filing 26
ORDER ~ The Court STRIKES the order granting the motion for extension of time #24 and STRIKES the amended scheduling order #25 . Defendant shall respond to the motion for extension of time, on or before August 5, 2021, outlining its objection. Signed by Honorable Bernard M. Jones on 7/29/2021. (dwl)
|
|
Filing 25
SCHEDULING ORDER: Pla expert witness list and expert reports due 11/5/2021; Dft expert witness list and expert reports due 11/20/2021; Pla witness list due 11/5/2021; Dft witness list due 11/20/2021; Pla exhibit list due 11/20/2021; Dft exhibit list due 12/5/2021; Motions in limine due 2/1/2022; Jury instructions due 2/1/2021; Voir dire requests due 2/1/2021; Trial briefs due 2/1/2021; Discovery due by 1/5/2022. Jury Trial set on the Court's 3/2022 trial docket before Honorable Bernard M. Jones. Motions due by 12/1/2021. Pretrial Report due by 2/1/2021. Signed by Honorable Bernard M. Jones on 7/29/2021. (dwl) *STRICKEN per Order #26 filed 7/29/2021.
|
|
Filing 24
ORDER ~ Granting #23 Motion to Extend Deadlines or Hearings. An amended scheduling order will issue forthwith. Signed by Honorable Bernard M. Jones on 7/29/2021. (dwl) *STRICKEN per Order #26 filed 7/29/2021.
|
| Filing 23 MOTION to Extend Deadlines or Hearings by Marks Short Stop Inc. (Landeros, Shawna) . |
|
Filing 22
ORDER ~ Defendant seeks to withdraw its recently filed motion to compel. #21 . The Court commends the parties for reaching a resolution and GRANTS the motion. The motion to compel #19 is DENIED as moot. Signed by Honorable Bernard M. Jones on 7/26/2021. (dwl)
|
| Filing 21 MOTION to Withdraw #19 MOTION to Compel Defendant's Motion to Withdraw its Motion to Compel by State Auto Property and Casualty Insurance Co. (Pignato, Gerard) |
|
Filing 20
ORDER. Defendant has filed a motion to compel [Doc. No. #19 ] and Plaintiff's response is due no later than August 12, 2021. The Court cautions the parties that it expects them to resolve discovery disputes without the Court's intervention and will not hesitate to award attorney fees or impose other sanctions if it finds that discovery disputes have unnecessarily wasted judicial resources. Signed by Honorable Bernard M. Jones on 07/23/2021. (knt)
|
| Filing 19 MOTION to Compel by State Auto Property and Casualty Insurance Co. (Attachments: #1 Exhibit 1 - Plf Resp to Def RFP 15)(Pignato, Gerard) |
| Filing 18 STIPULATED PROTECTIVE ORDER ~ Granting #17 Motion for Protective Order. As more fully set out in the Order. Signed by Honorable Bernard M. Jones on 6/14/2021. (dwl) |
| Filing 17 JOINT MOTION for Protective Order by State Auto Property and Casualty Insurance Co. (Attachments: #1 Exhibit 1 - Stipulated Protective Order)(Pignato, Gerard) |
| Filing 16 NOTICE of Subpoena by All Plaintiffs (Attachments: #1 Exhibit 1-Subpoena)(Landeros, Shawna) |
|
Filing 15
SCHEDULING ORDER: Pla expert witness list and expert reports due 8/5/2021; Dft expert witness list and expert reports due 8/20/2021; Pla witness list due 8/5/2021; Dft witness list due 8/20/2021; Pla exhibit list due 8/20/2021; Dft exhibit list due 9/5/2021; Motions in limine due 11/1/2021; Jury instructions due 11/1/2021; Voir dire requests due 11/1/2021; Trial briefs due 11/1/2021; Discovery due by 10/5/2021. Jury Trial set on the Court's 12/2021 trial docket before Honorable Bernard M. Jones. Motions due by 9/1/2021. Pretrial Report due by 11/1/2021. Status/Scheduling Conference set for 5/6/2021 is hereby canceled. Signed by Honorable Bernard M. Jones on 4/27/2021. (dwl)
|
| Filing 14 ENTRY of Appearance by Shawna L Landeros on behalf of All Plaintiffs (Landeros, Shawna) |
| Filing 13 ENTRY of Appearance by Robert Bradley Miller on behalf of All Plaintiffs (Miller, Robert) |
| Filing 12 JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff Marks Short Stop Inc. (Johnson, J) |
| Filing 11 ENTRY of Appearance by J Logan Johnson on behalf of All Plaintiffs (Johnson, J) |
| Filing 10 NOTICE of Subpoena by State Auto Property and Casualty Insurance Co (Attachments: #1 Exhibit 1-SDT)(Pignato, Gerard) |
| Filing 9 STATUS/SCHEDULING CONFERENCE DOCKET: Status/Scheduling Conference set for 5/6/2021 10:00 AM in Rm 2017 before Honorable Bernard M. Jones. Status Report due by 4/26/2021. (dwl) |
| Filing 8 ANSWER to Complaint by State Auto Property and Casualty Insurance Co.(Kane, Matthew) |
| Filing 7 CERTIFICATE of State Court Clerk Regarding Removal. (Kane, Matthew) |
| Filing 6 ANSWER to Complaint and Defenses by State Auto Property and Casualty Insurance Co.(Kane, Matthew) |
| Filing 5 DISCLOSURE STATEMENT - CORPORATE by State Auto Property and Casualty Insurance Co . (Kane, Matthew) |
|
Filing 4
ORDER ~ Defendant removed this case to federal court and attorneys entered their appearances. However, Defendant did not file a disclosure statement in compliance with Federal Rule of Civil Procedure 7.1. The Court therefore ORDERS Defendant to file its disclosure statement on or before February 26, 2021. Signed by Honorable Bernard M. Jones on 2/22/2021. (dwl)
|
| Filing 3 ENTRY of Appearance by Matthew C Kane on behalf of State Auto Property and Casualty Insurance Co (Kane, Matthew) |
| Filing 2 ENTRY of Appearance by Gerard F Pignato on behalf of State Auto Property and Casualty Insurance Co (Pignato, Gerard) |
| Filing 1 NOTICE OF REMOVAL from Logan County District Court, case number CJ-2021-7 filed by State Auto Property and Casualty Insurance Co. (Attachments: #1 Exhibit 1 - Petition, #2 Exhibit 2 - Summons, #3 Exhibit 3 - Company Demographics, #4 Exhibit 4 - Motion to Dismiss, #5 Exhibit 5 - State Court Docket Sheet, #6 Civil Cover Sheet)(knt) |
| PAYMENT FOR A CIVIL CASE Filing fee $ 402, receipt number AOKWDC-3601840. (Pignato, Gerard) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Oklahoma Western 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.
