ALLSTATE INSURANCE COMPANY v. ELECTROLUX HOME PRODUCTS, INC.
| Allstate Insurance Company |
| Electrolux Home Products, Inc. |
| 3:2019cv00860 |
| May 17, 2019 |
| US District Court for the Middle District of Pennsylvania |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on May 17, 2019. A more recent docket listing may be available from PACER.
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| Filing 47 Case transferred electronically in from District of Pennsylvania Eastern; Case Number 5:18-cv-00699. containing electronic documents. |
Filing 46
CONSENT AND ORDER TO JURISDICTION BY US MAGISTRATE JUDGE OF 4/25/2019 THAT THIS CASE IS REFERRED TO U.S. MAGISTRATE JUDGE HENRY S. PERKIN TO CONDUCT ALL PROCEEDINGS AND ORDER THE ENTRY OF A FINAL JUDGMENT, ETC. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 4/25/2019. 4/25/19 ENTERED AND COPIES E-MAILED.(DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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| Filing 45 NOTICE by ELECTROLUX HOME PRODUCTS, INC. Notice, Consent and Reference of a Civil Action to a Magistrate Judge (YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 44 ANSWER to #40 Amended Complaint with Affirmative Defenses by ELECTROLUX HOME PRODUCTS, INC..(YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
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Filing 43
ORDER OF 4/9/2019 THAT DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT ECF NO. 35, IS DENIED AS MOOT. SIGNED BY JUDGE: JOSEPH F. LEESON, JR. ON 4/9/19. 4/9/19 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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| Filing 42 STIPULATION re #40 Amended Complaint by ELECTROLUX HOME PRODUCTS, INC.. (YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 41 Letter to Judge Leeson showing cause re subject matter jurisdiction by ALLSTATE INSURANCE COMPANY. (HUGHES, PATRICK) Modified on 4/9/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 40 SECOND AMENDED COMPLAINT against ELECTROLUX HOME PRODUCTS, INC., filed by ALLSTATE INSURANCE COMPANY.(DT) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
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Filing 39
ORDER OF 4/5/2019 THAT THE PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT, ECF NO. 33, IS GRANTED. ETC. THE CLERK OF COURT IS DIRECTED TO DOCKET PLAINTIFF'S EXHIBIT A TO THE MOTION, SEE ECF NO. 33, IN A SEPARATE DOCUMENT AS THE SECOND AMENDED COMPLAINT. PLAINTIFF IS DIRECTED TO FILE WRITTEN CORRESPONDENCE IN LETTER FORM TO THE COURT TO SHOW CAUSE THAT THIS COURT HAS SUBJECT MATTER JURISDICTION OVER THE FOURTH PROPERTY SUBROGATION CLAIM ON OR BEFORE APRIL 8, 2019 AT 12:00PM. DEFENDANT SHALL FILE A RESPONSE TO THE SECOND AMENDED COMPLAINT ON OR BEFORE APRIL 10, 2019 AT 5:00PM. THE PERTIES JOINT REQUEST FOR EXTENSION OF THE SCHEDULING DEADLINES IN THE COURT'S JANUARY 9, 2019 ORDER IS GRANTED IN PART AS FOLLOWS: THE DEADLINE FOR THE COMPLETION OF ALL FACT DISCOVERY IS EXTENDD TO APRIL 26, 2019; THE DEADLINE FOR COMPLETION OF PLAINTIFF'S EXPERT DISCOVERY IS EXTENDED TO APRIL 26, 2019; THE DEADLINE FOR COMPLETION OF DEFENDANTS' EXPERT DISCOVERY IS EXTENDED TO MAY 13, 2019; AND ALL OTHER DEADLINES SET FORTH IN THIS COURT'S ORDER DATE JANUARY 9, 2019, ECF NO 26, REMAIN IN EFFECT. ETC. SIGNED BY JUDGE: JOSEPH F. LEESON, JR., ON 4/5/2019. 4/5/2019 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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| Filing 38 RESPONSE in Opposition re #35 MOTION for Partial Summary Judgment filed by ALLSTATE INSURANCE COMPANY. (Attachments: #1 Memorandum, #2 Response to Statement of Undisputed Facts, #3 Text of Proposed Order)(HUGHES, PATRICK) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 37 MEMORANDUM of Law in Support of Opposition re #34 MOTION for Partial Summary Judgment filed by ELECTROLUX HOME PRODUCTS, INC. Certificate of Service. (Attachments: #1 Counterstatement of Facts, #2 Text of Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(YEMMA, MELISSA) Modified on 3/26/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 36 MEMORANDUM of Law in Support of Opposition re #33 MOTION for Leave to File a Second Amended Complaint filed by ELECTROLUX HOME PRODUCTS, INC. Certificate of Service. (Attachments: #1 Text of Proposed Order)(YEMMA, MELISSA) Modified on 3/25/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 35 MOTION for Partial Summary Judgment filed by ELECTROLUX HOME PRODUCTS, INC..Certificate of Service. (Attachments: #1 Memorandum, #2 Statement of Undisputed Facts, #3 Text of Proposed Order, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H)(YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 34 MOTION for Partial Summary Judgment filed by ALLSTATE INSURANCE COMPANY.Certificate of Service. (Attachments: #1 Memorandum of Law, #2 Statement of Undisputed Facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(HUGHES, PATRICK) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 33 MOTION for Leave to File a Second Amended Complaint filed by ALLSTATE INSURANCE COMPANY.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Exhibit A)(HUGHES, PATRICK) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 32 FILED IN ERROR (DT) (dt, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 31 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN. A Telephonic Pretrial Conference was held on 2/28/2019. (DT) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
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Filing 30
AMENDED TELEPHONIC SETTLEMENT/STATUS CONFERENCE SCHEDULING ORDER OF 1/30/2019 THAT A TELEPHONIC SETTLEMENT/STATUS CONFERENCE IN THE ABOVE CAPTIONED CASE WILL BE HELD ON THURSDAY, FEBRUARY 28, 2019 (INSTEAD OF MONDAY, FEBRUARY 11, 2019) AT 2:30PM BEFORE THE HONORABLE HENRY S. PERKIN, U.S. MAGISTRATE JUDGE. THE COURT DIRECTS PATRICK A. HUGHES, ESQUIRE TO INITIATE THE CALL. ETC. SIGNED BY MAGISTRATE JUDGE: HENRY S. PERKIN ON 1/30/2019. 1/30/2019 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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Filing 29
SETTLEMENT CONFERENCE SCHEDULING ORDER OF 1/15/2019 THAT AN IN PERSON SETTLEMENT CONFERENCE WILL BE HELD ON MAY 30, 2019 AT 9:30AM. ETC. SIGNED BY MAGISTRATE JUDGE: HENRY S. PERKIN ON 1/15/2019. 1/15/2019 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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Filing 28
TELEPHONIC SETTLEMENT/STATUS CONFERENCE SCHEDULING ORDER OF 1/15/2019 THAT A TELEPHONIC SETTLEMENT/STATUS CONFERENCE IN THE ABOVE CAPTIONED CASE WILL BE HELD ON FEBRUARY 11, 2019 AT 2:30PM. ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 1/15/2019. 1/15/2019 ENTERED AND COPIES E-MAILED.(DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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Filing 27
ORDER OF 1/9/2019 THAT THE WITHIN MATTER IS REFERRED TO U.S. MAGISTRATE JUDGE HENRY S. PERKIN TO SCHEDULE AND CONDUCT A SETTLEMENT CONFERENCE ON OR AFTER APRIL 8, 2019. ETC. IN THE EVENT ANY DEFENDANT HAS NOT YET ENTERED AND APPEARANCE AT THE TIME OF THIS ORDER, PLAINTIFF SHALL SERVE A COPY OF THIS ORDER UPON THAT DEFENDANT. AS A MATTER OF STANDARD OPERATING PROCEDURE, THE OFFICE OF THE U.S. MAGISTRATE JUDGE WILL CONTACT COUNSEL FOR THE PARTIES IN THE NEAR FUTURE. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 1/9/2019. 1/9/2019 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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Filing 26
SCHEDULING ORDER: OF 1/9/2019 DEADLINE FOR COMPLETION OF ALL FACT DISCOVERY APRIL 8, 2019; ETC. DEADLINE FOR FILING OF DISPOSITIVE MOTIONS NO LATER THAN MARCH 11, 2019. ETC. FINAL PRETRIAL CONFERENCE SET FOR 6/5/2019 04:00 PM IN COURTROOM BEFORE HONORABLE JOSEPH F. LEESON JR. ETC. TRIAL DATE SET FOR 6/10/2019 09:00 AM OR AS SOON THEREAFTER AS THE SCHEDULE OF THE COURT PERMITS. ETC. SIGNED BY JUDGE JOSEPH F. LEESON, JR ON 1/9/19. 1/9/19 ENTERED AND COPIES E-MAILED.(DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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| Filing 25 Minute Entry for proceedings held before HONORABLE JOSEPH F. LEESON, JR. Pretrial Conference was held on 1/8/19. (DT) Modified on 1/10/2019 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 24 NOTICE OF SCHEDULING OF INITIAL FED.R.CIV.P. 16 PRETRIAL CONFERENCE: AN INITIAL FEDERAL RULE OF CIVIL PROCEDURE 16 PRETRIAL CONFERENCE HAS BEEN SCHEDULED FOR TUESDAY, JANUARY 8, 2019, AT 2:00 P.M. BEFORE THE HONORABLE JOSEPH F. LEESON, JR. AT THE EDWARD N. CAHN U.S. COURTHOUSE AND FEDERAL BUILDING, COURTROOM C, THIRD FLOOR, 504 WEST HAMILTON STREET, ALLENTOWN, PENNSYLVANIA.(dja, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 23 ANSWER to #22 Amended Complaint by ELECTROLUX HOME PRODUCTS, INC..(YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 22 AMENDED COMPLAINT against ELECTROLUX HOME PRODUCTS, INC., filed by ALLSTATE INSURANCE COMPANY, APPENDIX A, JURY TRIAL DEMAND, CERTIFICATE OF SERVICE. (Attachments: #1 Appendix, #2 Certificate of Service)(rf, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
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Filing 21
ORDER OF 10/3/2018 THAT UPON CONSIDERATION OF THE COURT'S ORDER AND OPINION ISSUED AUGUST 3, 2018, ECF NOS. 16 AND 17, THE COURT'S OPINION ISSUED SIMULTANEOUSLY WITH THIS ORDER, PLAINTIFF'S BRIEF IN SUPPORT OF IT'S MOTION FOR RECONSIDERATION OR IN THE ALTERNATIVE MOTION TO JOIN AND CONSOLIDATE, ECF NO. 18, AND DEFENDANT ELECTROLUX HOME PRODUCTS, INC.'S OPPOSITION TO PLAINTIFF'S MOTION FOR RECONSIDERATION, ECF NO. 19, IT IS ORDERED AS FOLLOWS: PLAINTIFF'S MOTION, ECF NO. 19, IS DENIED IN PART AND GRANTED IN PART. A. PLAINTIFF'S QUESTION 1 IN ITS BRIEF IN SUPPORT OF ITS MOTION IS DENIED WITH PREJUDICE. ETC. B. PLAINTIFF'S QUESTION 2 IN ITS BRIEF IN SUPPORT OF ITS MOTION IS DENIED WITHOUT PREJUDICE. PLAINTIFF'S QUESTION 3 IN ITS BRIEF IN SUPPORT OF ITS MOTION IS GRANTED. ANY RENEWED MOTION FOR RECONSIDERATION AS TO QUESTION 2 SHALL MEET THE FOLLOWING REQUIREMENTS: SUCH MOTION SHALL BE FILED ON OR BEFORE 5:00PM, OCTOBER 12, 2018. ETC. PLAINTIFF IS DIRECTED TO FILE AN AMENDED COMPLAINT FOR CLAIMS "WWW", "XXX", AND "BBB" NO LATER THAN OCTOBER 19, 2018. ETC. SIGNED BY JUDGE: JOSEPH F. LEESON. 10/3/2018 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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| Filing 20 OPINION OF 10/3/2018. SIGNED BY HONORABLE JOSEPH F. LEESON, JR. 10/3/2018 ENTERED AND COPIES MAILED AND E-MAILED.(DT) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 19 RESPONSE in Opposition re #18 MOTION for Reconsideration or in the Alternative MOTION to Join and Consolidate filed by ELECTROLUX HOME PRODUCTS, INC.. (Attachments: #1 Text of Proposed Order)(YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 18 MOTION for Reconsideration or in the Alternative MOTION to Join and Consolidate re #17 Order (Memorandum and/or Opinion), filed by ALLSTATE INSURANCE COMPANY.Certificate of Service, Brief. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(HUGHES, PATRICK) Modified on 8/20/2018 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 17 OPINION/ORDER THAT DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO SEVER AND DISMISS, ECF NO. 9, IS GRANTED IN PART AND DENIED IN PART. THE COURT RETAINS JURISDICTION OVER CLAIMS "www", "xxx", and "bbbb", AND DIRECTS PLAINTIFF TO FILE AMENDED COMPLAINTS FOR THESE CLAIMS NO LATER THAN AUGUST 17, 2018. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/3/18. 8/3/18 ENTERED AND COPIES E-MAILED. (ky, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 16 MEMORANDUM/OPINION THAT DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO SEVER AND DISMISS, IS GRANTED IN PART AND DENIED IN PART. A SEPARATE ORDER FOLLOWS. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/3/18. 8/3/18 ENTERED AND COPIES E-MAILED.(ky, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| AMENDED PLEADINGS DUE BY 8/17/2018. (ky, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 15 Notice of Supplemental Authority re #9 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Sever and Dismiss for Lack of Subject Matter Jurisdiction -- Notice of Supplemental Authority filed by ELECTROLUX HOME PRODUCTS, INC.. (Attachments: #1 Exhibit A)(YEMMA, MELISSA) Modified on 6/15/2018 (tjd). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 14 PLAINTIFF'S SUR-REPLY IN SUPPORT OF ITS RESPONSE TO DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, IN THE ALTERNATIVE, SEVER AND DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION. (ky, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
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Filing 13
ORDER THAT PLAINTIFF'S REQUEST FOR LEAVE TO FILE A SUR-REPLY IS GRANTED, AND THE COURT WILL CONSIDER THE SUR-REPLY BRIEF ATTACHED TO PLAINTIFF'S REQUEST. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/12/18. 4/12/18 ENTERED AND COPIES E-MAILED. (ky, ) [Transferred from Pennsylvania Eastern on 5/17/2019.]
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| Filing 12 REQUEST for Leave to File SurReply filed by ALLSTATE INSURANCE COMPANY.Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 SurReply, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K)(HUGHES, PATRICK) Modified on 4/13/2018 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 11 REPLY in Support re #9 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Sever and Dismiss for Lack of Subject Matter Jurisdiction filed by ELECTROLUX HOME PRODUCTS, INC. Certificate of Service. (YEMMA, MELISSA) Modified on 4/10/2018 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 10 RESPONSE in Opposition re #9 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Sever and Dismiss for Lack of Subject Matter Jurisdiction filed by ALLSTATE INSURANCE COMPANY, BRIEF AND CERTIFICATE OF SERVICE. (Attachments: #1 Brief in Support of Response, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(HUGHES, PATRICK) Modified on 4/3/2018 (afm, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Sever and Dismiss for Lack of Subject Matter Jurisdiction filed by ELECTROLUX HOME PRODUCTS, INC..Certificate of Service and Brief. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 8 NOTICE of Appearance by MELISSA LYNN YEMMA on behalf of ELECTROLUX HOME PRODUCTS, INC. with Certificate of Service(YEMMA, MELISSA) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 7 NOTICE of Appearance by CHERYL M. NICOLSON on behalf of ELECTROLUX HOME PRODUCTS, INC. with Certificate of Service(NICOLSON, CHERYL) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 6 AFFIDAVIT of Service re: served Complaint upon Electrolux Home Products, Inc by Certified Mail on 2/26/2018, answer due 3/19/2018. (Attachments: #1 Exhibit Exhibit A)(HUGHES, PATRICK) Modified on 3/5/2018 (lisad, ). [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 5 NOTICE of Appearance by ANDREW G. HUNT on behalf of ALLSTATE INSURANCE COMPANY with Jury Demanded and Certificate of Service(HUNT, ANDREW) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 4 NOTICE of Appearance by RAYMOND E. MACK on behalf of ALLSTATE INSURANCE COMPANY with Jury Demanded and Certificate of Service(MACK, RAYMOND) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 3 INITIAL PROCEDURAL ORDER THAT GOVERNS THE CASE AND CONTAINS RULES OF PRACTICE THAT MUST BE FOLLOWED IN ADDITION TO THIS DISTRICT'S LOCAL RULES OF CIVIL PROCEDURE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/20/18. 2/20/18 ENTERED AND COPIES E-MAILED. (ky, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent ALLSTATE INSURANCE HOLDINGS, LLC for ALLSTATE INSURANCE COMPANY. by ALLSTATE INSURANCE COMPANY.(jwl, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Filing 1 COMPLAINT against ELECTROLUX HOME PRODUCTS, INC. ( Filing fee $ 400 receipt number 173655.), filed by ALLSTATE INSURANCE COMPANY. (Attachments: #1 Case Management Track Form, #2 Civil Cover Sheet, #3 Designation Form)(jwl, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| DEMAND for Trial by Jury by ALLSTATE INSURANCE COMPANY. (jwl, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
| Summons Issued as to ELECTROLUX HOME PRODUCTS, INC.. One Forwarded To: Counsel on 2/16/18 (jwl, ) [Transferred from Pennsylvania Eastern on 5/17/2019.] |
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