ZURICH AMERICAN INSURANCE COMPANY v. MJF TRUCKING, LLC et al
Plaintiff: ZURICH AMERICAN INSURANCE COMPANY
Defendant: MJF TRUCKING, LLC, PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, BEARTOWN HYDRAULICS, INC., RONALD L. ZIMMERMAN, ERIE INSURANCE EXCHANGE and MICHAEL J. FREED
Nominal Defendant: CAROL L. SCHWARZ
Case Number: 5:2022cv01194
Filed: March 29, 2022
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: JOHN M GALLAGHER
Nature of Suit: Contract: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Declaratory Judgement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 25, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 26, 2022 Opinion or Order Filing 19 RESPONSE in Opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ZURICH AMERICAN INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Exhibit_1_Bove_Fick_Levin.05162022.pdf, #4 Exhibit_2_ Freed_Deposition.pdf, #5 Exhibit_3_Zimmerman_Deposition.pdf, #6 Exhibit_4_EOA of WES.pdf, #7 Exhibit_5_Classic Dominator Specifications.pdf, #8 Certificate of Service)(BOVE, LOUIS)
May 16, 2022 Opinion or Order Filing 18 NOTICE by CAROL L. SCHWARZ Certification Regarding Judge Gallagher's Policies and Procedures (Attachments: #1 Exhibit Letter to Attorney Bove, #2 Certificate of Service Certificate of Service)(FICK, ANDREW)
May 13, 2022 Opinion or Order Filing 17 NOTICE OF INITIAL PRETRIAL CONFERENCE. TAKE NOTICE, that a Rule 16 Conference, in the above case has been set as follows: Lead counsel shall appear for a Rule 16 conference in the above-captioned matter on Thursday, July 14, 2022 at 11:00 AM, at the United States District Court located at 504 West Hamilton Street, Suite 4701, Allentown, Pennsylvania. Counsel are required to meet and confer pursuant to Rule 26(f) and to complete and submit to the Court the Joint Rule 26(f) Report no later than Tuesday, July 5, 2022. The Parties are advised that the United States Magistrate Judge assigned to this Court is the Honorable Pamela A. Carlos. (er)
May 12, 2022 Opinion or Order Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CAROL L. SCHWARZ.Motion of Defendant Schwarz to Dismiss Plaintiff's First Amended Complaint for Declaratory and Other Relief. (Attachments: #1 Exhibit Order of Judge Fudeman dated 10.18.21, #2 Exhibit Order of Judge Fudeman dated 02.16.22, #3 Exhibit Berks County CCP Docket Entries, #4 Exhibit Letter of Atty. Schaefer dated 10.18.19, #5 Exhibit Schwarz Action Discovery Responses of MJF Trucking, LLC, #6 Exhibit Form MCS-90, #7 Exhibit Declaratory Order of the Pa PUC, #8 Memorandum Memorandum of Law in Support of Defendant Schwarz Motion to Dismiss Plaintiff's First Amended Complaint, #9 Text of Proposed Order Proposed Order, #10 Certificate of Service Certificate of Service)(FICK, ANDREW)
May 12, 2022 Opinion or Order Filing 15 ORDER THAT THE MOTION TO DISMISS (ECF NO. 10), IS DENIED AS MOOT. DEFENDANT SCHWARZ MAY RENEW THE MOTION IN LIGHT OF THE AMENDED COMPLAINT IF SHE SO DESIRES. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 5/12/22.5/12/22 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(er)
May 12, 2022 Opinion or Order Filing 14 ANSWER to #12 Amended Complaint, with Affirmative Defenses by BEARTOWN HYDRAULICS, INC., PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, RONALD L. ZIMMERMAN.(KWITOWSKI, BERNARD)
April 29, 2022 Opinion or Order Filing 13 Summons as to Amended Complaint Issued as to BEARTOWN HYDRAULICS, INC., MICHAEL J. FREED, MJF TRUCKING, LLC, PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, RONALD L. ZIMMERMAN. Forwarded To: COUNSEL on 4/29/22 (bw)
April 28, 2022 Opinion or Order Filing 12 AMENDED COMPLAINT FIRST against BEARTOWN HYDRAULICS, INC., MICHAEL J. FREED, MJF TRUCKING, LLC, PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, RONALD L. ZIMMERMAN, CAROL L. SCHWARZ, filed by ZURICH AMERICAN INSURANCE COMPANY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(BOVE, LOUIS)
April 25, 2022 Opinion or Order Filing 11 NOTICE of Appearance by DENNIS CHOW on behalf of ERIE INSURANCE EXCHANGE (CHOW, DENNIS)
April 22, 2022 Opinion or Order Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CAROL L. SCHWARZ.Memorandum of Law, Proposed Order, and Certificate of Service. (Attachments: #1 Order of Judge Fudeman dated 10.18.21, #2 Order of Judge Fudeman dated 02.16.22, #3 Berks County CCP Docket Entries, #4 Letter of Atty. Schaefer dated 10.18.19, #5 Schwarz Action Discovery Responses of MJF Trucking, LLC, #6 Memorandum, #7 Proposed Order, #8 Certificate of Service)(FICK, ANDREW)
April 21, 2022 Opinion or Order Filing 9 AFFIDAVIT of Service by Marc Jones re: served Summons-Complaint upon PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY by Personal on 04/11/2022 (BOVE, LOUIS)
April 20, 2022 Opinion or Order Filing 8 AFFIDAVIT of Service by Jesse Patterson re: served Summons-Complaint upon Erie Insurance Exchange by Personal on 04/11/2022 (BOVE, LOUIS)
April 19, 2022 Opinion or Order Filing 7 NOTICE of Appearance by ANDREW F. FICK on behalf of CAROL L. SCHWARZ with Jury Demand and Certificate of Service(FICK, ANDREW)
April 13, 2022 Opinion or Order Filing 6 AFFIDAVIT of Service by Kevin J. O'Rourke re: served Summons-Complaint upon Ronald L. Zimmerman by Personal on 04/04/2022 (BOVE, LOUIS)
April 13, 2022 Opinion or Order Filing 5 AFFIDAVIT of Service by Kevin J. O'Rourke re: served Summons-Complaint upon MJF Trucking LLC by Personal on 04/04/2022 (BOVE, LOUIS)
April 13, 2022 Opinion or Order Filing 4 AFFIDAVIT of Service by Kevin J. O'Rourke re: served Summons-Complaint upon Michael J. Freed by Personal on 04/04/2022 (BOVE, LOUIS)
April 13, 2022 Opinion or Order Filing 3 AFFIDAVIT of Service by Kevin J. O'Rourke re: served Summons-Complaint upon Carol J. Schwarz by Personal on 04/04/2022 (BOVE, LOUIS)
April 13, 2022 Opinion or Order Filing 2 AFFIDAVIT of Service by Kevin J. O'Rourke re: served Summons-Complaint upon Beartown Hydraulics Inc. by Personal on 04/04/2022 (BOVE, LOUIS)
March 29, 2022 Opinion or Order Summons Issued as to BEARTOWN HYDRAULICS, INC., ERIE INSURANCE EXCHANGE, MICHAEL J. FREED, MJF TRUCKING, LLC, PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, RONALD L. ZIMMERMAN, CAROL L. SCHWARZ. E-Mailed To: Counsel on 3/29/22. (er)
March 29, 2022 Opinion or Order Filing 1 COMPLAINT against BEARTOWN HYDRAULICS, INC., ERIE INSURANCE EXCHANGE, MICHAEL J. FREED, MJF TRUCKING, LLC, PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, RONALD L. ZIMMERMAN, CAROL L. SCHWARZ ( Filing fee $ 402 receipt number APAEDC-15821232.), filed by ZURICH AMERICAN INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(BOVE, LOUIS)

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Plaintiff: ZURICH AMERICAN INSURANCE COMPANY
Represented By: LOUIS A. BOVE
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Defendant: MJF TRUCKING, LLC
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Defendant: PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY
Represented By: BERNARD T. KWITOWSKI
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Defendant: BEARTOWN HYDRAULICS, INC.
Represented By: BERNARD T. KWITOWSKI
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Defendant: RONALD L. ZIMMERMAN
Represented By: BERNARD T. KWITOWSKI
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Defendant: ERIE INSURANCE EXCHANGE
Represented By: DENNIS CHOW
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Defendant: MICHAEL J. FREED
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Nominal defendant: CAROL L. SCHWARZ
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