GORDON et al v. LM GENERAL INSURANCE COMPANY
| DAVID GORDON and SAMAYA GORDON |
| LM GENERAL INSURANCE COMPANY |
| 2:2022cv02567 |
| July 1, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| None |
Docket Report
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Filing 16
ORDER THAT WE STRIKE AFFIRMATIVE DEFENSES NOS.2, 7 AND 15 (ECF DOC.NO.10) WITHOUT PREJUDICE. ALL EXPERT AND FACT DISCOVERY SHALL BE SERVED, NOTICED AND COMPLETED BY 11/22/22. THIS MATTER IS REFERRED TO MAGISTRATE JUDGE SITARSKI FOR ALL SETTLEMENT PURPOSES. SUMMARY JUDGMENT AND DAUBERT MOTIONS ARE DUE BY 12/1/22. PRETRIAL MEMORANDUM ARE DUE BY 1/12/23. ALL MOTIONS IN LIMINE ARE DUE BY 1/17/23. A FINAL PRETRIAL CONFERENCE WILL BE HELD TELEPHONICALLY ON 1/26/23 AT 8:45 A.M.. COUNSEL IS ATTACHED FOR JURY SELECTION FOLLOWING A THREE DAY TRIAL BEGINNING ON 1/30/23 AT 9:00 A.M. IN COURTROOM 6B; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/25/22. 8/25/22 ENTERED AND E-MAILED.(JL)
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| Filing 15 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY RULE 16 TELEPHONE Conference held on 8/25/22. (JL) |
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Filing 14
ORDER THAT THE UNITED STATES MAGISTRATE JUDGE ASSIGNED TO THE ABOVE CAPTIONED CASE IS MAGISTRATE JUDGE LYNNE A. SITARSKI; ETC.. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 8/24/22. 8/24/22 ENTERED AND E-MAILED.(JL)
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| Filing 13 Report Of (Joint) Rule 26(f) Meeting by LM GENERAL INSURANCE COMPANY. (ALFORD, BRIGID) |
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Filing 12
ORDER THAT WE AMEND OUR 8/11/22 ORDER: WE WILL HOLD AN INITIAL PRETRIAL CONFERENCE VIA TELEPHONE ON 8/25/22 AT 8:00 AM BEFORE HONORABLE MARK A. KEARNEY.). SIGNED BY HONORABLE MARK A. KEARNEY ON 8/15/22. 8/15/22 ENTERED AND COPIES E-MAILED.(mbh)
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Filing 11
ORDER THAT AN INITIAL PRETRIAL CONFERENCE VIA TELEPHONE ON 8/25/22 AT 9:00 A.M.; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/11/22. 8/11/22 ENTERED AND E-MAILED.(JL)
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| Filing 10 Defendant's ANSWER to Complaint together with Affirmative Defenses by LM GENERAL INSURANCE COMPANY. (Attachments: #1 Exhibit 1)(ALFORD, BRIGID) |
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Filing 9
ORDER THAT PLAINTIFFS RESPONSE IS STRICKEN AS UNTIMELY. DEFENDANT'S MOTION TO DISMISS THE BAD FAITH CLAIM (COUNT I) AND TO STRIKE REFERENCES TO AN INSURER'S FIDUCIARY DUTY IS GRANTED. DISMISS COUNT 1 OF PLAINTIFFS COMPLAINT WITHOUT PREJUDICE TO PLAINTIFFS FILING AN AMENDED COMPLAINT POSSIBLY PLEADING A FACT BASIS FOR THEIR BAD FAITH ALLEGATIONS BY 8/5/22. DEFENDANT SHALL FILE AN ANSWER TO PLAINTIFFS' REMAINING CLAIMS IN THE COMPLAINT (ABSENT A TIMELY AMENDED COMPLAINT) BY 8/11/22; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/28/22. 7/28/22 ENTERED AND E-MAILED.(JL)
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| Filing 8 MEMORANDUM; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/28/22. 7/28/22 ENTERED AND E-MAILED.(JL) |
| Set/Reset Scheduling Order Deadlines: AMENDED PLEADINGS DUE BY 8/5/2022. (JL) |
| Filing 7 RESPONSE in Opposition re #5 MOTION to Dismiss Count I - Bad Faith and Strike References to Fiduciary Duty filed by DAVID GORDON, SAMAYA GORDON. (PANSINI, MICHAEL) (STRICKEN PER #9) |
| Filing 6 Original Record together with certified copy of docket entries received from Court of Common Pleas of Philadelphia County. (ke) |
| Filing 5 MOTION to Dismiss Count I - Bad Faith and Strike References to Fiduciary Duty filed by LM GENERAL INSURANCE COMPANY.Brief, Cerficate of Service, Proposed Order. (Attachments: #1 Brief, #2 Text of Proposed Order)(ALFORD, BRIGID) |
| Filing 4 NOTICE of Appearance by Steven M. Mezrow on behalf of DAVID GORDON, SAMAYA GORDON (Mezrow, Steven) |
| Filing 3 NOTICE of Appearance by CHRISTOPHER W. WOODWARD on behalf of LM GENERAL INSURANCE COMPANY with Certificate of Service(WOODWARD, CHRISTOPHER) |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by LM GENERAL INSURANCE COMPANY.(ALFORD, BRIGID) |
| Filing 1 NOTICE OF REMOVAL by LM GENERAL INSURANCE COMPANY (Filing fee $ 402 receipt number APAEDC-16019238), filed by LM GENERAL INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Designation Form)(ALFORD, BRIGID) |
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