Ewideh et al v. Homesite Insurance Company of the Midwest et al
| Omar Ewideh and Nivertiti Geaith |
| Homesite Insurance Company of The Midwest, American Family Insurance, AFICS INC, Suzanne R. Fisher, James J. Walsh, Cipriani & Werner, P.C., Samantha Curry and Wardlaw Claims |
| 1:2024cv00241 |
| February 9, 2024 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Martin C Carlson |
| Julia K Munley |
| Contract: Other |
| 28 U.S.C. § 1446 Breach of Contract- Insurance |
| Both |
Docket Report
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Filing 67
REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED that the plaintiffs motion for entry of default, #60 , be DENIED. Objections to R&R due by 4/10/2024. Signed by Magistrate Judge Martin C Carlson on 3/27/24. (rw)
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Filing 66
EXHIBIT LIVING CONDITIONS by Omar Ewideh, Nivertiti Geaith re #1 Complaint,. (Attachments: #1 Exhibit(s) COV D LOSS OF USE)(Ewideh, Omar)
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Filing 65
EXHIBIT UNSAFE LIVING CONDITIONS AND MEDICAL by Omar Ewideh, Nivertiti Geaith re #1 Complaint,. (Ewideh, Omar)
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Filing 64
ORDER - IT IS ORDERED that the plaintiffs shall file a brief in support of their motion #60 for default judgment on or before March 25, 2024. The defendants may then respond to the motion on or before April 8, 2024. The plaintiffs are advised that they must file a response in opposition to the defense motion #62 to dismiss on or before March 25, 2024. Failure to file a timely response may result in the court deeming the motion to be unopposed. Signed by Magistrate Judge Martin C Carlson on 3/18/24. (rw)
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Filing 63
BRIEF IN SUPPORT re #62 MOTION to Dismiss for Failure to State a Claim MOTION for More Definite Statement filed by AFICS INC, American Family Insurance, Cipriani & Werner, P.C., Samantha Curry, Suzanne R. Fisher, Homesite Insurance Company of The Midwest, James J. Walsh, Wardlaw Claims.(Walsh, James)
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Filing 62
MOTION to Dismiss for Failure to State a Claim , MOTION for More Definite Statement by AFICS INC, American Family Insurance, Cipriani & Werner, P.C., Samantha Curry, Suzanne R. Fisher, Homesite Insurance Company of The Midwest, James J. Walsh, Wardlaw Claims. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Proposed Order, #5 Certificate of Service)(Walsh, James)
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Filing 61
MEMORANDUM OPINION AND ORDER - IT IS ORDERED that the plaintiffs' motions for recusal #58 , #59 , are DENIED. Signed by Magistrate Judge Martin C Carlson on 3/11/24. (rw)
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Filing 60
First MOTION for Default Judgment as to , MOTION for Entry of Default by Omar Ewideh, Nivertiti Geaith.(Ewideh, Omar)
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Filing 59
MOTION for Recusal by Omar Ewideh, Nivertiti Geaith. (Attachments: #1 Exhibit(s) BIAS)(Ewideh, Omar)
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Filing 58
MOTION for Recusal by Omar Ewideh, Nivertiti Geaith. (Attachments: #1 Exhibit(s) BIAS EVIDENCE)(Ewideh, Omar)
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Filing 57
ORDER DENYING plaintiff's Appeal of Magistrate Judge Decision in 1:23CV812; 1: 23cv812 and 1:24cv241 are CONSOLIDATED ; all future filings shall be filed ONLY TO THIS CASE NUMBER,1:24CV241; Clerk of Court is direct to CLOSE 1:23cv812 case per Magistrate Judge Carlson's 2/23/24 order 78 . Signed by Honorable Julia K Munley on 2/28/24. (sm)
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Filing 56
EXHIBIT U.S. Magistrate Martin C. Carlson Discovery During Dispositive Motions by Omar Ewideh, Nivertiti Geaith re #55 Order,,, Set Deadlines,,. (Ewideh, Omar)
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Filing 55
ORDER - To the extent that any party intends to file an early dispositive mtn in the nature of a motion to dismiss, or a motion for a preliminary injunction, such motions and accompanying briefs should be filed on or before 3/11/24.Second, further case management and discovery ddls are STAYED pending the resolution of these threshold legal issues. Finally, all parties are advised that the failure to comply with this expedited schedule requested by the pltfs, as well as any failure to abide by the civility rules set by this court may result in sanctions. Signed by Magistrate Judge Martin C Carlson on 2/28/24. (ma)
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Filing 54
APPENDIX by Omar Ewideh, Nivertiti Geaith. to #48 Order,,,, Set Deadlines,,, #51 Order,,, Terminate Motions,, . (Attachments: #1 Appendix)(Ewideh, Omar)
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Filing 53
Defendants' Brief Addressing Subject Matter Jurisdiction by Cipriani & Werner, P.C., Suzanne R. Fisher, Homesite Insurance Company of The Midwest, James J. Walsh. #48 Order,,,, Set Deadlines,,, . (Attachments: #1 Certificate of Service)(Walsh, James)
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Filing 52
Defendants' Brief Addressing Res Judicata by Cipriani & Werner, P.C., Suzanne R. Fisher, Homesite Insurance Company of The Midwest and James Walsh. . (Attachments: #1 Certificate of Service)(Walsh, James) Modified on 2/27/2024 (ep).
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Filing 51
ORDER - Pursuant to Rule 42 of the Federal Rules of Civil Procedure, Ewideh v.Homesite Insurance, Civil No. 1:23-CV-812 and Ewideh v. Homesite Insurance,Civil No. 1:24-CV-241 are CONSOLIDATED at Civil Number 1:24-cv-241. Theclerk is DIRECTED to administratively CLOSE Civil Number 1:23-cv-812, andTERMINATE any pending motions in Civil Number 1:23-cv-812. We note that the plaintiffs filed a motion on February 16, 2024, styled as a motion for sanctions, which invited us to sanction the defendants for failing toconfer with the plaintiffs as of February 16 in the preparation of a case management plan. (Doc. #49 ). This motion is DENIED without prejudice. Signed by Magistrate Judge Martin C Carlson on February 23, 2024. (kjn)
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Filing 50
MEMORANDUM OF LAW by AFICS INC, American Family Insurance, Cipriani & Werner, P.C., Suzanne R. Fisher, Homesite Insurance Company of The Midwest, James J. Walsh, Wardlaw Claims re #48 Order,,,, Set Deadlines,,, . (Attachments: #1 Certificate of Service)(Walsh, James)
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Filing 49
First MOTION for Sanctions , MOTION Admonish Defendants Rule 26(f) re #48 Order,,,, Set Deadlines,,, by Omar Ewideh, Nivertiti Geaith.(Ewideh, Omar)
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Filing 48
ORDER: On or before 2/20/24, the parties shall file brief submissions of no greater than 5 pages addressing the question of whether this case and Ewideh v. Homesite Insurance, Civil No. 1:23-CV-812 should be consolidated for further proceedings in order to expedite the efficient resolution of these cases. Second, on or before 2/27/24, the parties shall file brief submissions of no greater than 5 pages addressing the questions in this order; Third, early dispositive mtns and accompanying briefs should be filed on or before 3/11/24. Fourth, Counsel and parties are advised to prepare a "Joint Case Management Plan" should be filed on or before 3/18/24. Finally, all parties are advised that the failure to comply with this expedited schedule requested by the pltfs, or to confer on a case management plan, as well as any failure to abide by the civility rules set by this court may result in sanctions. Signed by Magistrate Judge Martin C Carlson on 2/15/24. (ma)
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Filing 47
MOTION to Expedite by Omar Ewideh, Nivertiti Geaith.(Ewideh, Omar)
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Filing 46
MOTION for Pretrial Conference by Omar Ewideh, Nivertiti Geaith.(Ewideh, Omar)
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Filing 45
MEMORANDUM ORDER - IT IS ORDERED that Plaintiff's Motion #44 for Pretrial Conference is DISMISSED as MOOT and the plaintiffs are instructed to direct any future motions to Magistrate Judge Martin C. Carlson. Signed by Magistrate Judge Martin C Carlson on 2/12/24. (rw)
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Filing 44
MOTION for Pretrial Conference by Omar Ewideh, Nivertiti Geaith.(Ewideh, Omar)
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Filing 43
MEMORANDUM OPINION AND ORDER - IT IS ORDERED that Plaintiff's Motion #41 for Recusal is DENIED. Signed by Magistrate Judge Martin C Carlson on 2/9/24. (rw)
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Filing 42
APPENDIX by Omar Ewideh, Nivertiti Geaith. to #41 MOTION for Recusal MOTION to Disqualify Judge . (Ewideh, Omar)
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Filing 41
MOTION for Recusal , MOTION to Disqualify Judge by Omar Ewideh, Nivertiti Geaith.(Ewideh, Omar)
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Filing 40
Case transferred electronically in from District of Pennsylvania Eastern; Case Number 2:23-cv-02590 containing electronic documents. jw
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VERBAL ORDER REFERRING CASE to Magistrate Judge Martin C Carlson for Pre-Trial Management and Report and Recommendation. (jw)
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Filing 39
PRO SE TRANSFER LETTER. (sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 38
ORDER THAT DEFENDANTS' MOTION TO DIMSISS OR TRANSFER VENUE (DOC. 12, 15, 19, 22, 25) ARE GRANTED IN PART. THE CLERK OF COURT IS DIRECTED TO TRANSFER THE CASE TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/6/2024. 2/7/2024 ENTERED AND COPIES E-MAILED. NOT MAILED TO PRO SE.(sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 37
MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/6/2024. 2/7/2024 ENTERED AND COPIES E-MAILED. NOT MAILED TO PRO SE'S.(sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 36
MOTION to Stay Discovery filed by CIPRIANI & WERNER, P.C., SUZANNE R. FISHER, JAMES J. WALSH.Memorandum, Exhibits, Proposed Order, Certificate of Service. (Attachments: #1 Brief, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order, #6 Certificate of Service)(Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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COPY OF DOC. NOS. 34 AND 35 HAS BEEN MAILED TO PRO SE PLAINTIFF'S. (bw) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 35
ORDERED THAT DEFENDANTS' FOR ENFORCEMENT OF CIVILITY (DOC. 23) IS GRANTED. MR. EWIDEH AND MS. GEAITH MUST COMPORT WITH THE COURT'S GENERAL PRETRIAL AND TRIAL PROCEDURES OR RISK DISMISSAL OF THEIR CASE AS A SANCTION FOR THEIR REFUSAL TO RESPECT THE COURT AND ITS REQUIREMENTS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 1/23/2024. 1/23/2024 ENTERED AND COPIES E-MAILED. NOT MAILED TO PRO SE.(sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 34
MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE GENE E.K. PRATTER ON 1/23/2024. 1/23/2024 ENTERED AND COPIES E-MAILED. NOT MAILED TO PRO SE.(sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 33
Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Motion Hearing held on 1/10/24 re #23 MOTION Enforcement of Civility/Hearing filed by SUZANNE R. FISHER, JAMES J. WALSH, CIPRIANI & WERNER, P.C. (JL) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 32
NOTICE: THE CONFERENCE TO DISCUSS THE MOTION FOR ENFORCEMENT OF CIVILITY (DOC. NO. 23) IS RESCHEDULED TO BE HELD ON JANUARY 10, 2024, AT 2:00 P.M. IN COURTROOM 10B WITH THE HONORABLE GENE E.K. PRATTER, AT 601 MARKET STREET, PHILADELPHIA, PA 19106.(sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 31
NOTICE of Appearance by SUZANNE R. FISHER on behalf of SAMANTHA CURRY with Certificate of Service(FISHER, SUZANNE) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 30
NOTICE of Appearance by SUZANNE R. FISHER on behalf of HOMESITE INSURANCE COMPANY OF THE MIDWEST with Certificate of Service(FISHER, SUZANNE) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 29
AMENDED DOCUMENT by HOMESITE INSURANCE COMPANY OF THE MIDWEST. Amendment to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Transfer . (Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 28
AMENDED DOCUMENT by SAMANTHA CURRY. Amendment to #25 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Transfer . (Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 27
AMENDED DOCUMENT by CIPRIANI & WERNER, P.C., SUZANNE R. FISHER, JAMES J. WALSH. Amendment to #23 MOTION Enforcement of Civility/Hearing . (Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 26
NOTICE: A CONFERENCE to discuss the Motion for Enforcement of Civility (Doc. No. 23) is scheduled to be held on January 10, 2024, at 4:00 p.m. in Courtroom 10B with the Honorable Gene E.K. Pratter, at 601 Market Street, Philadelphia, PA 19106.(sg) Modified on 12/5/2023 (sg). [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 25
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Transfer filed by SAMANTHA CURRY.Memorandum, declaration, certificate of service, proposed orders. (Attachments: #1 Declaration Declaration of Samantha Curry, #2 Memorandum Memorandum of Law In Support, #3 Text of Proposed Order Proposed Orders, #4 Certificate of Service Certificate of Service)(Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 24
NOTICE of Appearance by James J. Walsh on behalf of SAMANTHA CURRY with Certificate of Service(Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 23
MOTION Enforcement of Civility/Hearing filed by CIPRIANI & WERNER, P.C., SUZANNE R. FISHER, JAMES J. WALSH.Memorandum in support, certificate of service, proposed order, exhibit. (Attachments: #1 Exhibit, #2 Memorandum, #3 Text of Proposed Order, #4 Certificate of Service)(Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 22
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Transfer filed by HOMESITE INSURANCE COMPANY OF THE MIDWEST.Memorandum in Support, proposed Orders, Exhibits, Certificate of Service. (Attachments: #1 Exhibit Order 7/17/23, #2 Exhibit Order 8/11/23, #3 Exhibit Order 11/27/23, #4 Exhibit Motion 11/27/23, #5 Exhibit Order 11/28/23, #6 Memorandum, #7 Text of Proposed Order, #8 Certificate of Service)(Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 21
NOTICE of Appearance by James J. Walsh on behalf of HOMESITE INSURANCE COMPANY OF THE MIDWEST with Certificate of Service(Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 20
NOTICE of Appearance by James J. Walsh on behalf of WARDLAW CLAIMS with Certificate of Service(Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 19
MOTION to Dismiss filed by WARDLAW CLAIMS.Memorandum and Certificate of Service. (Attachments: #1 Memorandum Memorandum of Law, #2 Text of Proposed Order Order, #3 Certificate of Service Certificate of Service)(FISHER, SUZANNE) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 18
NOTICE of Appearance by SUZANNE R. FISHER on behalf of WARDLAW CLAIMS with Certificate of Service(FISHER, SUZANNE) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 17
NOTICE of Appearance by SUZANNE R. FISHER on behalf of AMERICAN FAMILY INSURANCE with Certificate of Service(FISHER, SUZANNE) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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***Attorney James J. Walsh for WARDLAW CLAIMS added. (lvj) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 16
Disclosure Statement Form pursuant to FRCP 7.1 including AmFam, Inc., American Family Mutual Ins. Co. S.I., American Family Ins. Mut. Holding, Co. by AFICS, INC., AMERICAN FAMILY INSURANCE.(Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 15
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Transfer , MOTION to Change Venue filed by AFICS, INC., AMERICAN FAMILY INSURANCE.Memorandum In Support, Proposed Order, Certificate of Service. (Attachments: #1 Memorandum Memorandum of Law in Support, #2 Text of Proposed Order Proposed Orders, #3 Certificate of Service Certificate of Service)(Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 14
NOTICE of Appearance by James J. Walsh on behalf of AFICS, INC., AMERICAN FAMILY INSURANCE with Certificate of Service(Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 13
AMENDED DOCUMENT by CIPRIANI & WERNER, P.C., SUZANNE R. FISHER, JAMES J. WALSH. Amendment to #12 MOTION to Dismiss Certificate of Service. (Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 12
MOTION to Dismiss filed by CIPRIANI & WERNER, P.C., SUZANNE R. FISHER, JAMES J. WALSH.Memorandum and Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Certificate of Service, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G)(Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 11
NOTICE of Appearance by SUZANNE R. FISHER on behalf of CIPRIANI & WERNER, P.C., SUZANNE R. FISHER, JAMES J. WALSH with Certificate of Service(FISHER, SUZANNE) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 10
Disclosure Statement Form pursuant to FRCP 7.1 by CIPRIANI & WERNER, P.C., SUZANNE R. FISHER, JAMES J. WALSH.(Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 9
NOTICE of Appearance by James J. Walsh on behalf of CIPRIANI & WERNER, P.C., SUZANNE R. FISHER, JAMES J. WALSH with Certificate of Service(Walsh, James) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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COPY OF DOC. NO. 8 HAS BEEN MAILED TO PRO SE PARTIES. (bw) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 8
ORDERED THAT PLAINTIFFS MOTION FOR ALLOWANCE TO THE ECF SYSTEM IS GRANTED OUTLINED HEREIN. SIGNED BY HONORABLE GENE E.K. PRATTER ON 9/5/2023.9/6/2023 ENTERED AND COPIES NOT MAILED TO PRO SE.(sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 7
MOTION FOR ECF FILING, filed by OMAR EWIDEH, NIVERTITI GEAITH..(sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 6
Summons Issued as to AFICS, INC., AMERICAN FAMILY INSURANCE, CIPRIANI & WERNER, P.C., SAMANTHA CURRY, SUZANNE R. FISHER, HOMESITE INSURANCE COMPANY OF THE MIDWEST, JAMES J. WALSH, WARDLAW CLAIMS. Forwarded To: GIVEN TO PRO SE PLAINTIFFS OVER COUNTER on 8/14/2023 (sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 5
Filing fee: $ 402, receipt number 20012118 (sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 4
Declaration of Original Signature filed by OMAR EWIDEH, NIVERTITI GEAITH (sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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DOC. NO. #3 MAILED TO PRO SES ALONG WITH NON-PRISONER IFP APPLICATIONS ON 7/12/23. (amas) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 3
ORDERED THAT MR. EWIDEH AND MS. GEAITH ARE DIRECTED TOC OMPLETE AND RETURN THE DECLARATION FORMS ATTACHED TO THIS ORDER AS OUTLINED HEREIN. IF PLAINTIFF'S SEEK TO PROCEED WITH THIS CASE, THEY ARE FURTHER DIRECTED WITHIN 30 DAYS TO TIERH PAY $402 TO THE CLERK OF COURT OR FILE A MOTION TO TO PROCEED IFP. THE CLERK IS DIRECTED TO SEND A COPY OF THIS ORDER WITH THE DELCATION FORM TO PLAINTIFF'S. THE CLERK IS ALSO DIRECTED TO PROVIDE TWO APPOROPRTIATE NON-PRISONER APPLICATIONS TO PROCEED IFP WITH CIVIL ACTION NUMBER. ETC.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 7/10/2023. 7/11/2023 ENTERED AND COPIES NOT MAILED TO PRO SE.(sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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DOC. 2 MAILED TO PRO SE. (sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 2
PRO SE NOTICE RE:GUIDELINES (sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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Filing 1
COMPLAINT against AFICS, INC., AMERICAN FIRE INSURANCE, CIPRIANI & WERNER, P.C., SAMANTHA CURRY, SUZANNE R. FISHER, HOMESITE INSURANCE COMPANY OF THE MIDWEST, JAMES J. WALSH, WARDLAW CLAIMS, filed by NIVERTITI GEAITH, OMAR EWIDEH. (Attachments: #1 EXHIBITS)(sg) [Transferred from Pennsylvania Eastern on 2/9/2024.]
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