Spitz v. Starr Indemnity & Liability Company, Inc.
| Randy Spitz, Real Trucking, Inc., The Berry Firm P.L.L.C. and Settlepou, P.C. |
| Starr Indemnity & Liability Company, Inc. |
| D. Bowen Berry |
| 5:2024cv00500 |
| May 16, 2024 |
| US District Court for the Western District of Oklahoma |
| Timothy D DeGiusti |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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| Filing 99 Case transferred in from District of Illinois Northern; Case Number 1:21-cv-01044. |
| Filing 98 TRANSFERRED to the USDC Western District of Oklahoma the electronic record. (jn,) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 97 ENTERED JUDGMENT. Mailed notice. (jn,) [Transferred from Illinois Northern on 5/17/2024.] |
Filing 96
ORDER and OPINION. Signed by the Honorable Sara L. Ellis on 4/2/2024. Mailed notice. (jn,) [Transferred from Illinois Northern on 5/17/2024.]
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| Filing 95 MINUTE entry before the Honorable Sara L. Ellis: Due to scheduling conflict of the Court, telephone conference set for 4/3/2024 is stricken and reset to 4/11/2024 at 1:30 PM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 94 REPLY by Starr Indemnity & Liability Company, Inc. to Response #90 to Starr's Motion to Transfer Venue (Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 93 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendant's motion for extension of time #91 . Defendant's reply brief is due by 2/5/2024. Mailed notice. (kp, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 92 NOTICE of Motion by Dieter Juedes for presentment of extension of time #91 before Honorable Sara L. Ellis on 2/6/2024 at 09:45 AM. (Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 91 MOTION by Defendant Starr Indemnity & Liability Company, Inc. for extension of time , Unopposed (Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 90 RESPONSE by Plaintiff Randy Spitz to memorandum in support of motion #86 (Amarin, Matthew) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 89 MOTION by Plaintiff Randy Spitz for extension of time to file response/reply UNOPPOSED (Amarin, Matthew) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 88 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the presentation date for Defendant's motion to transfer venue #87 and relies upon the previously set briefing schedule #83 . Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 87 NOTICE of Motion by Dieter Juedes for presentment of before Honorable Sara L. Ellis on 1/9/2024 at 09:45 AM. (Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 86 MEMORANDUM of Law, by Starr Indemnity & Liability Company, in Support of Its Motion to Transfer Venue to the Western District of Oklahoma (Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 85 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 5/17/2024.] |
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Filing 84
ORDER: Motions for leave to appear pro hac vice #43 , #44 are granted. Signed by the Honorable Sara L. Ellis on 12/12/2023. Mailed notice. (jn, ) [Transferred from Illinois Northern on 5/17/2024.]
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| Filing 83 MINUTE entry before the Honorable Sara L. Ellis: The Court grants the parties' motion to extend fact discovery #81 . Fact discovery closes on 4/29/2024. The Court sets the following briefing schedule on Defendant's motion to transfer venue: Defendant's motion is due by 1/3/2024; Plaintiff's response is due by 1/24/2024; and Defendant's reply is due by 1/31/2024. The Court strikes the status date set for 12/13/2023 and resets it to 4/3/2024 at 9:30 AM for ruling on Defendant's motion. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 82 STATUS Report [JOINT] by Starr Indemnity & Liability Company, Inc. (Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 81 MOTION by Defendant Starr Indemnity & Liability Company, Inc. for extension of time to complete discovery , Joint (Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 80 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status dates set for 11/21/2023 and 12/6/2023 and resets them to 12/13/2023 at 9:30 AM. The parties should file their joint status report by 12/6/2023 2023 indicating the status of fact discovery, the status of settlement discussions and whether the parties request a referral to the magistrate judge for settlement purposes, whether the parties require expert discovery prior to dispositive motion practice, and proposed schedules for expert discovery and summary judgment briefing. Attorneys/Parties should appear for the hearing by calling the toll-free number: (866) 434-5269, access code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
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Filing 79
ORDER: On September 26, 2023, the Court granted the Third-Party Defendants' motions to dismiss without prejudice and deferred ruling on whether to transfer Starr's third-party claims pursuant to 28 U.S.C. 1631 #73 . Given the parties' stated positions opposing transfer under 28 U.S.C. 1631, the Court declines to transfer Starr's third- party claims to another federal district court under 28 U.S.C. 1631. The Court terminates the ThirdParty Defendants from this case. Signed by the Honorable Sara L. Ellis on 11/8/2023. Mailed notice. (jn, ) [Transferred from Illinois Northern on 5/17/2024.]
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| Filing 78 MOTION by Plaintiff Randy Spitz for joinder (Amarin, Matthew) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 77 MEMORANDUM by Settlepou, P.C. - Third-Party Defendants SettlePou, P.C., D. Bowen Berry, and The Berry Firm P.L.L.C.'s Supplemental Brief Objecting to Any Transfer Under 28 U.S.C. 1631 (Attachments: #1 Exhibit Ex. 1 - Secretary of State Record)(Blum, Michelle) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 76 Starr Indemnity & Liability Company's Brief Addressing Transfer Under 28 U.S.C. 1631 by Starr Indemnity & Liability Company, Inc. (Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 75 AGREED CONFIDENTIALITY ORDER. Signed by the Honorable Sara L. Ellis on 9/26/2023. Mailed notice(rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 74 MINUTE entry before the Honorable Sara L. Ellis: Telephone conference set for 9/27/2023 is stricken as moot. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 73 OPINION AND ORDER. the Court grants the Third-Party Defendants' motions to dismiss [ #47 , #57 ] without prejudice and denies Starr's request for jurisdictional discovery. The Court defers ruling on whether to transfer the case pursuant to 28 U.S.C. 1631. The parties should submit simultaneous briefs of no more than five pages addressing transfer by October 20, 2023. The Court sets a further status date for ruling on November 21, 2023 at 9:30 a.m. Signed by the Honorable Sara L. Ellis on 9/26/2023. Mailed notice(rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 72 MINUTE entry before the Honorable Sara L. Ellis: The Court grants the parties' motion for entry of a protective order #70 . The parties should submit redlined and clean copies of their proposed protective order to the Court's proposed order email. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 71 NOTICE of Motion by Dieter Juedes for presentment of motion for protective order #70 before Honorable Sara L. Ellis on 8/31/2023 at 01:45 PM. (Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 70 MOTION by Defendant Starr Indemnity & Liability Company, Inc. for protective order (Attachments: #1 Exhibit A - Agreed Confidentiality Order, #2 Exhibit B - Agreed Confidentiality Order with Redline)(Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 69 CERTIFICATE of Service Objections to Starr Indemnity & Liability Company, Inc.'s First Set of Interrogatories and Requests for Production of Documents by Amir R. Tahmassebi on behalf of D. Bowen Berry, The Berry Firm P.L.L.C. (Tahmassebi, Amir) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 68 REPLY by Plaintiff The Berry Firm P.L.L.C., Third Party Defendant The Berry Firm P.L.L.C. to Motion to Dismiss Third Party Complaint (Tahmassebi, Amir) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 67 REPLY by Settlepou, P.C. to MOTION by Third Party Defendant Settlepou, P.C. to dismiss for lack of jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Third Party Defendant Settlepou, P.C. #57 (Attachments: #1 Exhibit SettlePou's Objections to Starr's Jurisdictional Discovery)(Blum, Michelle) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 66 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Third Party Defendants' motion for extension of time #64 . Third Party Defendants' replies are due by 7/10/2023. No appearance is required on 7/5/2023. Mailed notice (rj, )[Transferred from Illinois Northern on 5/17/2024.] |
| Filing 65 NOTICE of Motion by Michelle M. Blum for presentment of extension of time #64 before Honorable Sara L. Ellis on 7/5/2023 at 09:45 AM. (Blum, Michelle) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 64 MOTION by Third Party Defendants D. Bowen Berry, Settlepou, P.C., The Berry Firm P.L.L.C. for extension of time to File Reply Briefs in Support of Their Motions to Dismiss (Unopposed) (Blum, Michelle) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 63 RESPONSE by Starr Indemnity & Liability Company, Inc.in Opposition to MOTION by Third Party Defendant Settlepou, P.C. to dismiss for lack of jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Third Party Defendant Settlepou, P.C. #57 (Attachments: #1 Exhibit A - Defendants' First Set of Discovery Requests)(Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 62 RESPONSE by Starr Indemnity & Liability Company, Inc.in Opposition to MOTION by Plaintiff The Berry Firm P.L.L.C., Third Party Defendants The Berry Firm P.L.L.C., D. Bowen Berry to dismiss for lack of jurisdiction and Motion to Dismiss for failure to State a Claim #47 (Attachments: #1 Exhibit A-First Set of Discovery to Berry Defendants)(Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 61 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 5/24/2023 and resets it to 9/27/2023 at 9:30 a.m. The Court stays discovery relating to the Third Party Defendants but permits discovery to move forward with respect to Plaintiff and Defendant. The Court sets the following discovery schedule for Plaintiff and Defendant: Rule 26(a)(1) disclosures are due by 6/21/2023; written discover to issue by 6/30/2023; and fact discovery closes on 11/30/2023. The Court sets a further status date for 12/6/2023 at 9:30 a.m. The parties should file a joint status report by 12/1/2023 indicating the status of fact discovery, the status of settlement discussions and whether the parties request a referral to the magistrate judge for settlement purposes, whether the parties require expert discovery prior to dispositive motion practice, and proposed schedules for expert discovery and summary judgment briefing. Attorneys/Parties should appear for the hearing by calling the toll-free number: (866) 434-5269, access code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 60 ATTORNEY Appearance for Third Party Defendant Settlepou, P.C. by Michelle M. Blum (Blum, Michelle) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 59 ATTORNEY Appearance for Third Party Defendants D. Bowen Berry, The Berry Firm P.L.L.C. by Connor James Whitting (Whitting, Connor) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 58 ATTORNEY Appearance for Third Party Defendants D. Bowen Berry, The Berry Firm P.L.L.C. by Amir R. Tahmassebi (Tahmassebi, Amir) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 57 MOTION by Third Party Defendant Settlepou, P.C. to dismiss for lack of jurisdiction and , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Third Party Defendant Settlepou, P.C. (Attachments: #1 Exhibit Ex. 1- Declaration of O'Dens, #2 Exhibit Ex. 2- Declaration of Dunne)(Dunne, Edward) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 56 MINUTE entry before the Honorable Sara L. Ellis: Third-Party Defendant Settlepou, P.C.'s unopposed motion for leave to file an excess page motion to dismiss third-party complaint #53 is granted. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 55 STATUS Report JOINT by Randy Spitz (Amarin, Matthew) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 54 NOTICE of Motion by Edward Fitzsimmons Dunne for presentment of motion for leave to file #53 before Honorable Sara L. Ellis on 5/17/2023 at 09:45 AM. (Dunne, Edward) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 53 MOTION by Third Party Defendant Settlepou, P.C. for leave to file to File an Excess Page Motion to Dismiss Third-Party Complaint (Attachments: #1 Exhibit Proposed Brief)(Dunne, Edward) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 52 MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 5/10/2023. Joint status report is due no later than 5/17/2023. A further telephone conference is set for 5/24/2023 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the toll-free number: (866) 434-5269, access code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (cdh, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 51 PRETRIAL Memorandum (Attachments: #1 Affidavit)(Bryan, Justin) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 50 NOTICE of Correction regarding pretrial memorandum #48 . (rc, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 49 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Third Party Defendants' motion for extension of time #41 . Third Party Defendants' motions to dismiss are due by 5/12/2023. The Court sets the following briefing schedule on Third Party Defendants' motions to dismiss #47 , and any additional motions]: Defendants'/Third Party Plaintiffs' responses are due by 6/12/2023 and Third Party Defendants' replies are due by 6/26/2023. The Court sets a ruling date for 9/27/2023 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 48 Entered in Error. (Attachments: #1 Affidavit)(Bryan, Justin) Modified on 5/2/2023 (rc, ). [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 47 MOTION by Plaintiff The Berry Firm P.L.L.C., Third Party Defendants The Berry Firm P.L.L.C., D. Bowen Berry to dismiss for lack of jurisdiction and Motion to Dismiss for failure to State a Claim (Bryan, Justin) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 46 Re- NOTICE of Motion by Edward Fitzsimmons Dunne for presentment of extension of time #41 before Honorable Sara L. Ellis on 5/2/2023 at 09:30 AM. (Dunne, Edward) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 45 NOTICE of Motion by Edward Fitzsimmons Dunne for presentment of extension of time #41 before Honorable Sara L. Ellis on 5/10/2023 at 09:30 AM. (Dunne, Edward) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 44 MOTION for Leave to Appear Pro Hac Vice by The Berry Firm P.L.L.C. (Bryan, Justin) Modified on 4/28/2023 (axk, ). [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 43 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20582872. (Bergren, Stephen) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 42 PAYMENT by The Berry Firm P.L.L.C. of Pro Hac Fee $ 150, receipt number AILNDC-20582772. (Bryan, Justin) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 41 MOTION by Third Party Defendant Settlepou, P.C. for extension of time to File Motion to Dismiss Third-Party Complaint Joint and Unopposed (Dunne, Edward) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 40 NOTICE by Settlepou, P.C. re attorney appearance #39 (Dunne, Edward) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 39 ATTORNEY Appearance for Third Party Defendant Settlepou, P.C. by Edward Fitzsimmons Dunne (Dunne, Edward) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 38 WAIVER OF SERVICE returned executed by Starr Indemnity & Liability Company, Inc.. Settlepou, P.C. waiver sent on 4/5/2023, answer due 6/5/2023. (Schmidt, Kayla) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 37 WAIVER OF SERVICE returned executed by Starr Indemnity & Liability Company, Inc.. The Berry Firm P.L.L.C. waiver sent on 2/27/2023, answer due 4/28/2023. (Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 36 WAIVER OF SERVICE returned executed by Starr Indemnity & Liability Company, Inc.. D. Bowen Berry waiver sent on 2/27/2023, answer due 4/28/2023. (Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 35 MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 3/15/2023. Plaintiff's Rule 12(f) motion to strike Defendant's answer and affirmative defenses #33 is denied. The parties should file a revised joint status report by 5/3/2023. Telephone Conference set for 5/10/2023 at 9:30 AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 34 MINUTE entry before the Honorable Sara L. Ellis: Telephone conference set for 3/15/2023 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 33 MOTION by Plaintiff Randy Spitz to strike answer to amended complaint #31 (Amarin, Matthew) [Transferred from Illinois Northern on 5/17/2024.] |
| SUMMONS Issued as to Third Party Defendants D. Bowen Berry, Settlepou, P.C., The Berry Firm P.L.L.C. (jb, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 32 THIRD party complaint by Starr Indemnity & Liability Company, Inc. against D. Bowen Berry, The Berry Firm P.L.L.C., Settlepou, P.C. . (Attachments: #1 Exhibit 1)(Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 31 ANSWER to amended complaint and Affirmative Defenses by Starr Indemnity & Liability Company, Inc.(Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 30 First AMENDED complaint by Randy Spitz, Real Trucking, Inc. against All Defendants (Amarin, Matthew) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 29 STATUS Report Joint by Starr Indemnity & Liability Company, Inc. (Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 28 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 27 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 12/14/2022 and resets it to 3/15/2023 at 9:30 a.m. The parties should file a joint status report by 3/8/2023 indicating the status of the Underlying Appeal, a proposed date for the filing of an Amended Complaint, and a proposed discovery schedule, if appropriate. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 26 STATUS Report JOINT by Starr Indemnity & Liability Company, Inc. (Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 25 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 9/14/2022 and resets it to 12/14/2022 at 9:30 a.m. The parties should file a joint status report by 12/7/2022 indicating the status of the Underlying Appeal, a proposed date for the filing of an Amended Complaint, and a proposed discovery schedule, if appropriate. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 24 STATUS Report JOINT by Starr Indemnity & Liability Company, Inc. (Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 23 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 6/1/2022 and resets it to 9/14/2022 at 9:30 a.m. The parties should file a joint status report by 9/7/2022 indicating the status of the Underlying Appeal, a proposed date for the filing of an Amended Complaint, and a proposed discovery schedule, if appropriate. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 22 STATUS Report JOINT by Starr Indemnity & Liability Company, Inc. (Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 21 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 3/1/2022 and resets it to 6/1/2022 at 9:30 am. The parties should file a joint status report by 5/23/2022 indicating the status of the Underlying Appeal, a proposed date for the filing of an Amended Complaint, and a proposed discovery schedule, if appropriate. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 20 STATUS Report JOINT by Starr Indemnity & Liability Company, Inc. (Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 19 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 12/1/2021 and resets it to 3/1/2022 at 9:30 a.m. The parties should file a joint status report by 2/22/2022 indicating the status of the Underlying Appeal, a proposed date for the filing of an Amended Complaint, and a proposed discovery schedule, if appropriate. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 18 STATUS Report Joint by Randy Spitz (Amarin, Matthew) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 17 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Starr's motion to dismiss #8 . The Court dismisses the complaint without prejudice. The Court strikes the status date set for 9/7/2021. The Court sets a status date for 12/1/2021 at 9:30AM. The parties should file a status report by 11/22/2021 indicating the status of the underlying appeal, a proposed date for filing the amended complaint, a proposed discovery schedule, and the status of settlement discussions, if applicable. Mailed notice (yt) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 16 OPINION AND ORDER: Signed by the Honorable Sara L. Ellis on 9/2/21. Mailed notice (yt) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 15 NOTICE by Kayla Elizabeth Foley of Change of Address (Foley, Kayla) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 14 REPLY by Defendant Starr Indemnity & Liability Company, Inc. to Motion to Dismiss for Failure to State a Claim #8 (Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 13 RESPONSE by Randy Spitzin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Starr Indemnity & Liability Company, Inc. #8 (Amarin, Matthew) [Transferred from Illinois Northern on 5/17/2024.] |
|
Filing 12
ORDER: Motions for leave to appear pro hac vice #6 , #7 are granted. Signed by the Honorable Sara L. Ellis on 3/22/2021. Mailed notice (nsf, ) [Transferred from Illinois Northern on 5/17/2024.]
|
| Filing 11 MINUTE entry before the Honorable Sara L. Ellis: The Court enters the following briefing schedule on Defendant's motion to dismiss #8 : Plaintiffs' response is due by 4/9/2021 and Defendant's reply is due by 4/23/2021. The Court sets a ruling date for 9/7/2021 at 9:30 a.m. and stays discovery pending ruling on Defendant's motion to dismiss. No appearance required on 3/9/2021. Mailed notice (rj, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 10 NOTICE of Motion by Jennifer L. Dlugosz for presentment of Motion to Dismiss for Failure to State a Claim #8 before Honorable Sara L. Ellis on 3/9/2021 at 09:45 AM. (Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 9 MEMORANDUM by Starr Indemnity & Liability Company, Inc. in support of Motion to Dismiss for Failure to State a Claim #8 (Attachments: #1 Exhibit A (Oklahoma Docket Report))(Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Starr Indemnity & Liability Company, Inc. (Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17972956. (Juedes, Dieter) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17969529. (Davis, Scott) [Transferred from Illinois Northern on 5/17/2024.] |
| CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (cp, ) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 5 ATTORNEY Appearance for Defendant Starr Indemnity & Liability Company, Inc. by Kayla Elizabeth Foley (Foley, Kayla) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Starr Indemnity & Liability Company, Inc. (Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 3 ATTORNEY Appearance for Defendant Starr Indemnity & Liability Company, Inc. by Jennifer L. Dlugosz (Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 2 CIVIL Cover Sheet (Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, County Department, Law Division, case number (2020 L 12746) filed by Starr Indemnity & Liability Company, Inc. Filing fee $ 402, receipt number 0752-17958727. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Notice to Circuit Court Clerk, #3 Exhibit 3 - Notice to Plaintiff)(Dlugosz, Jennifer) [Transferred from Illinois Northern on 5/17/2024.] |
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