LIPPOLIS v. BAILEY et al
Plaintiff: Linda Lippolis
Defendant: Nationwide Insurance Company
Case Number: 3:2019cv02102
Filed: December 10, 2019
Court: US District Court for the Middle District of Pennsylvania
Presiding Judge: Robert D Mariani
Referring Judge: Robert D Mariani
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 Diversity-Auto Negligence
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 8, 2021 Opinion or Order Filing 84 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Robert D. Mariani on 7/8/21. (jam)
July 8, 2021 Filing 83 NOTICE of Settlement by Linda Lippolis (Baer, Joshua)
July 8, 2021 Opinion or Order Filing 82 ORDER - IT IS HEREBY ORDERED THAT within three (3) days of the date of this Order, the parties shall each SHOW CAUSE why this Court should not deem all the pending motions in limine (Docs. 74,76,78,80) to be unopposed. Signed by Honorable Robert D. Mariani on 7/8/21. (ga)
June 25, 2021 DOCKET ANNOTATION: Documents 68, 69, 70, 71, 72 and 73 have been deleted. Correctly re-filed by counsel as Documents 74, 75, 76, 77, 78 and 79. (jam)
June 23, 2021 Filing 81 BRIEF in Support re #80 MOTION in Limine to preclude Cumulative testimony , filed by Linda Lippolis. Related document: #80 MOTION in Limine to preclude Cumulative testimony filed by Linda Lippolis.(Baer, Joshua)
June 23, 2021 Filing 80 MOTION in Limine to preclude Cumulative testimony by Linda Lippolis. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Baer, Joshua)
June 22, 2021 Filing 79 BRIEF IN SUPPORT of defendants re #78 MOTION in Limine to preclude lifecare plan and cost projection filed by Nationwide Insurance Company.(Wallace, Divya)
June 22, 2021 Filing 78 MOTION in Limine to preclude lifecare plan and cost projection by Nationwide Insurance Company. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s))(Wallace, Divya)
June 22, 2021 Filing 77 BRIEF IN SUPPORT of defendants re #76 MOTION in Limine to exclude evidence and testimony regarding insurance filed by Nationwide Insurance Company.(Wallace, Divya)
June 22, 2021 Filing 76 MOTION in Limine to exclude evidence and testimony regarding insurance by Nationwide Insurance Company. (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Wallace, Divya)
June 22, 2021 Filing 75 BRIEF IN SUPPORT of defendants re #74 MOTION in Limine to preclude evidence of non-recoverable medical expenses filed by Nationwide Insurance Company.(Wallace, Divya)
June 22, 2021 Filing 74 MOTION in Limine to preclude evidence of non-recoverable medical expenses by Nationwide Insurance Company.(Wallace, Divya)
June 21, 2021 DOCKET ANNOTATION: Attorney Wallace is directed to separate and re-file Documents 68, 69 and 70. Motions are to be filed as a separate ECF event. Any Briefs in Support of a motion should also be docketed as a separate ECF event, linked to the related motion. Docketing in this fashion is necessary to create appropriate response deadlines in CM/ECF. For additional guidance, refer to Local Rules. (jam)
April 7, 2021 DOCKET ANNOTATION: Docket information for Joshua Baer updated. (dw)
April 6, 2021 Filing 67 NOTICE of Appearance by Joshua D Baer on behalf of Linda Lippolis (Baer, Joshua)
January 15, 2021 Opinion or Order Filing 66 SCHEDULING ORDER: Final Pretrial Conference set for 7/30/2021 11:00 AM in Scranton. Jury Trial set for 8/9/2021 09:30 AM in Scranton. Motions in limine with supporting briefs shall be filed on or before the 45th day before trial. See Order for additional deadlines and details. Signed by Honorable Robert D. Mariani on 1/15/21. (jam)
January 15, 2021 Opinion or Order Filing 65 ORDER - should the parties wish to engage in further settlement negotations before the undersigned, they may contact Chambers to request a follow-up settlement conference Signed by Magistrate Judge Joseph F. Saporito, Jr on 1/15/21. (ms)
January 14, 2021 Filing 64 REPORT OF SETTLEMENT OFFICER - Settlement Not Reached (ms)
December 7, 2020 Opinion or Order Filing 62 SCHEDULING ORDER: ZOOM Settlement Conference set for 12/8/20 RESCHEDULED TO 1/14/2021 10:00 AM before Magistrate Judge Joseph F. Saporito Jr. ZOOM invitation will be provided to counsel by email. Confidential settlement memoranda due 1/7/21.Signed by Magistrate Judge Joseph F. Saporito, Jr on 12/7/20. (ms)
December 4, 2020 Filing 61 REQUEST for Settlement Conference Continuance by Linda Lippolis. (McCarthy, Mary)
November 13, 2020 Opinion or Order Filing 60 ORDER re #59 Letter - in-person settlement conference scheduled for 12/8/20 at 10:00 a.m. is CONVERTED TO A ZOOM CONFERENCE.Signed by Magistrate Judge Joseph F. Saporito, Jr on 11/13/20. (ms)
November 12, 2020 Filing 59 Letter from Plaintiff's Counsel re settlement conference . (McCarthy, Mary)
November 6, 2020 Opinion or Order Filing 58 ORDER granting #52 Motion for Extension of Expert Deadlines. ORDERED THAT: Plaintiff's expert reports shall be produced by 12/2/20. Defendant's expert reports shall be produced by 1/4/21. Signed by Honorable Robert D. Mariani on 11/6/20 (jam)
November 6, 2020 Opinion or Order Filing 57 SCHEDULING ORDER: Settlement Conference set for 12/8/2020 10:00 AM in Wilkes-Barre before Magistrate Judge Joseph F. Saporito Jr..Signed by Magistrate Judge Joseph F. Saporito, Jr on 11/6/20. (ga)
November 4, 2020 Filing 56 CERTIFICATE of by Linda Lippolis re #53 Disclosure Report Pursuant to FRCP 26(a3 - Pretrial Disclosures . (McCarthy, Mary)
November 3, 2020 Opinion or Order Filing 55 ORDER REFERRING CASE for Settlement to Judge Magistrate Judge Joseph F. Saporito, Jr. at such date and time as Magistrate Judge Saporito shall direct.Signed by Honorable Robert D. Mariani on 11/3/20. (jam)
November 3, 2020 Filing 54 REQUEST for settlement conference by Nationwide Insurance Company. (Wallace, Divya)
November 3, 2020 Filing 53 DISCLOSURE REPORT by Linda Lippolis by Linda Lippolis.(McCarthy, Mary)
November 2, 2020 Filing 52 MOTION for Extension of Time to Complete Discovery by Linda Lippolis.(McCarthy, Mary)
April 15, 2020 Filing 50 CASE MANAGEMENT ORDER - STANDARD CASE MANAGEMENT TRACK. IT IS HEREBY ORDERED THAT: All fact discovery shall be commenced in time to be completed by November 2, 2020. All potentially dispositive motions shall be filed no later November 2, 2020. See Order for additional deadlines and details.Signed by Honorable Robert D. Mariani on 4/15/20. (jam)
April 9, 2020 Filing 49 CASE MANAGEMENT PLAN By Plaintiff and Defendant by Linda Lippolis. (McCarthy, Mary)
April 9, 2020 Filing 48 Letter from Plaintiff's counsel regarding call in number for Case Management Conference . (McCarthy, Mary)
April 3, 2020 Filing 47 NOTICE of Appearance by Divya Wallace on behalf of Nationwide Insurance Company (Wallace, Divya)
March 31, 2020 Opinion or Order Filing 46 SCHEDULING ORDER: Case Management Conference VIA TELEPHONE set for 4/15/2020 12:00 PM.The telephone conference call is the responsibility of the plaintiff(s). At least three days prior to the Case Management Conference, counsel for the plaintiff(s) shall provide the court, via e-filing, a call-in number which the court and counsel for all parties of record may call to connect to the conference call. The completed Joint Case Management Plan must be filed at least five (5) days prior to the Case Management Conference. Signed by Honorable Robert D. Mariani on 3/31/20. (jam)
March 30, 2020 Filing 45 NOTICE of Appearance by Joshua D Baer on behalf of Linda Lippolis (Baer, Joshua)
January 16, 2020 Filing 44 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Joshua D Baer terminated on behalf of. (Baer, Joshua)
January 14, 2020 Filing 43 NOTICE of Appearance by Mary G McCarthy on behalf of Linda Lippolis (McCarthy, Mary)
December 31, 2019 Filing 42 DISCLOSURE REPORT by Nationwide Insurance Company by Nationwide Insurance Company.(Wallace, Divya)
December 31, 2019 Filing 41 Defendant's ANSWER to #1 Complaint by Nationwide Insurance Company.(Wallace, Divya)
December 31, 2019 Filing 40 NOTICE of Appearance by Divya Wallace on behalf of Nationwide Insurance Company (Wallace, Divya)
December 12, 2019 Opinion or Order Filing 39 ORDER Re: Case Assignment and Procedures. Signed by Honorable Robert D. Mariani on 12/12/19. (jam)
December 10, 2019 Filing 38 NOTICE of Appearance by Joshua D Baer on behalf of Linda Lippolis (Baer, Joshua)
December 10, 2019 Filing 37 Case transferred electronically in from District of New Jersey; Case Number 1:19-cv-16671 containing electronic documents (ao).
December 10, 2019 Opinion or Order Filing 36 ORDER transferring case to the Middle District of Pennsylvania. Signed by Judge Robert B. Kugler on 12/9/2019. (tf, ) [Transferred from New Jersey on 12/10/2019.]
December 3, 2019 Filing 35 Proposed MOTION to Transfer Case to The Middle District of Pennsylvania by LINDA LIPPOLIS. (Attachments: #1 Exhibit Exhibit A)(SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
November 27, 2019 Opinion or Order Filing 34 TEXT ORDER: Telephone Conference set for 1/24/2020 at 12:00 PM before Magistrate Judge Ann Marie Donio. Counsel for Plaintiff shall initiate the telephone call. SO ORDERED by Magistrate Judge Ann Marie Donio on 11/27/2019. (slc) [Transferred from New Jersey on 12/10/2019.]
November 26, 2019 Filing 33 AFFIDAVIT of Service for Civil Complaint served on Florence Bailey on 09/20/2019, filed by LINDA LIPPOLIS. (SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
November 26, 2019 Filing 32 AFFIDAVIT of Service for Civil Complaint served on Andrew Bailey on 09/20/2019, filed by LINDA LIPPOLIS. (SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
November 26, 2019 Filing 31 AFFIDAVIT of Service for Civil Complaint served on Florence Bailey on 09/12/2019, filed by LINDA LIPPOLIS. (SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
November 26, 2019 Filing 30 AFFIDAVIT of Service for Civil Complaint served on Andrew Bailey on 09/12/2019, filed by LINDA LIPPOLIS. (SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
October 29, 2019 Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 10/29/2019. (sb) [Transferred from New Jersey on 12/10/2019.]
October 18, 2019 Pro Hac Vice fee: $ 150, receipt number CAM010763 (rtm, ) [Transferred from New Jersey on 12/10/2019.]
October 3, 2019 Opinion or Order Filing 29 SCHEDULING ORDER IN AN ARBITRATION CASE: Telephone Status Conference set for 10/29/2019 03:30 PM before Magistrate Judge Ann Marie Donio. The time within which to file a motion to amend the pleadings or a motion to join new parties will expire on 12/13/2020. Pretrial Factual Discovery due by 1/30/2020. The Clerk will be requested to schedule the arbitration for a date in April 2020. Signed by Magistrate Judge Ann Marie Donio on 10/3/2019. (tf, ) [Transferred from New Jersey on 12/10/2019.]
October 3, 2019 Opinion or Order Filing 28 ORDER granting #25 Motion for Leave to Appear Pro Hac Vice as to Mary G. McCarthy, Esquire; shall make a payment of $150.00 to the Clerk of the United States District Court. Signed by Magistrate Judge Ann Marie Donio on 10/3/2019. (tf, ) [Transferred from New Jersey on 12/10/2019.]
October 1, 2019 NOTICE: Joint Discovery Plan due to Judge Donio's Chambers for 10/3/19 Scheduling Conference. See Order dated 8/14/19. (sb) [Transferred from New Jersey on 12/10/2019.]
September 30, 2019 Filing 27 CERTIFICATE of Counsel Amended Certification of Mary McCarthy in Support of Motion for Pro Hoc Vice Admission by MARC I. SIMON on behalf of LINDA LIPPOLIS (SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
September 25, 2019 Opinion or Order Filing 26 TEXT ORDER: Within ten (10) days of the date of this Text Order, counsel for Plaintiff shall file an amended certification of the applicant in support of the pro hac vice motion as set forth in the amendment to L. CIV. R. 101.1(c)(1) (eff. March 1, 2010); or in lieu thereof, may attach a certificate of good standing. See www.njd.uscourts.gov/court-info/local-rules-and-orders. SO ORDERED by Magistrate Judge Ann Marie Donio on 9/25/2019. (slc) [Transferred from New Jersey on 12/10/2019.]
September 24, 2019 Filing 25 First MOTION for Leave to Appear Pro Hac Vice Mary McCarthy, Esquire by LINDA LIPPOLIS. (SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
September 23, 2019 Opinion or Order Filing 24 TEXT ORDER: By consent, the initial scheduling conference on 9/24/2019 shall be, and is hereby, ADJOURNED. The Court has RESCHEDULED the initial scheduling conference for 10/3/2019 at 10:30 A.M. SO ORDERED by Magistrate Judge Ann Marie Donio on 9/23/2019. (slc) [Transferred from New Jersey on 12/10/2019.]
September 20, 2019 Filing 23 Letter from Counsel for Plaintiff. (Attachments: #1 Exhibit Mediation agreement)(SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
September 20, 2019 Filing 22 Joint Discovery Plan by LINDA LIPPOLIS.(SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
September 12, 2019 Filing 21 Request for Default by LINDA LIPPOLIS against Florence Bailey. (SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
September 12, 2019 Filing 20 Request for Default by LINDA LIPPOLIS against Andrew L. Bailey. (SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
September 12, 2019 CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the Request for Default [ 20, 21] submitted by Marc Simon on 9/12/2019 cannot be granted as requested because the complaint and summons were not served by personal service. This submission will remain on the docket unless otherwise ordered by the Court. This message is for informational purposes only. (tf, ) [Transferred from New Jersey on 12/10/2019.]
September 11, 2019 Filing 19 First MOTION for Default Judgment as to Florence Bailey by LINDA LIPPOLIS. Responses due by 9/11/2019 (SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
September 11, 2019 Filing 18 First MOTION for Default Judgment as to Andrew L. Bailey by LINDA LIPPOLIS. Responses due by 9/11/2019 (SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
September 6, 2019 Filing 17 Substitution of Attorney - Attorney DIVYA WALLACE terminated. Attorney DONALD J. BIGLEY for NATIONWIDE INSURANCE COMPANY added.. (BIGLEY, DONALD) [Transferred from New Jersey on 12/10/2019.]
August 27, 2019 Filing 16 NOTICE of Appearance by MARC I. SIMON on behalf of LINDA LIPPOLIS (SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
August 14, 2019 Opinion or Order Filing 14 Order Initial Conference set for 9/24/2019 10:00 AM in Room 2010 before Magistrate Judge Ann Marie Donio.. Signed by Magistrate Judge Ann Marie Donio on 8/14/2019. (ssp, ) [Transferred from New Jersey on 12/10/2019.]
August 14, 2019 Filing 13 Certified Copy of Transfer Order and docket received, Case transferred in from District of Pennsylvania Eastern; Case Number 2:19-cv-02102. Original file certified copy of transfer order and docket sheet received. [Transferred from New Jersey on 12/10/2019.]
August 14, 2019 Judge Robert B. Kugler and Magistrate Judge Ann Marie Donio added. (dd, ) [Transferred from New Jersey on 12/10/2019.]
July 18, 2019 Filing 12 AFFIDAVIT of Service (SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
July 18, 2019 Filing 11 AFFIDAVIT of Service (SIMON, MARC) [Transferred from New Jersey on 12/10/2019.]
July 12, 2019 Opinion or Order Filing 10 ORDER THAT THIS MATTER TRANSFERRED TO THE DISTRICT OF NEW JERSEY FOR FURTHER PROCEEDINGS, PURSUANT TO 28 U.S.C. 1404, 1406. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 7/12/19. 7/12/19 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED. (va, ) [Transferred from New Jersey on 12/10/2019.]
July 12, 2019 Filing 9 MEMORANDUM SIGNED BY HONORABLE JOSHUA D. WOLSON ON 7/12/19. 7/12/19 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(va, ) [Transferred from New Jersey on 12/10/2019.]
July 10, 2019 Filing 8 Letter by LINDA LIPPOLIS re: to join in Defense's Memorandum. (SIMON, MARC) Modified on 7/11/2019 (md). [Transferred from New Jersey on 12/10/2019.]
July 9, 2019 Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by NATIONWIDE INSURANCE COMPANY. (WALLACE, DIVYA) [Transferred from New Jersey on 12/10/2019.]
June 26, 2019 Opinion or Order Filing 6 ORDER THAT EACH PARTY SHALL SHOW CAUSE IN A MEMORANDUM NOT TO EXCEED SEVEN (7) PAGES FILED ON OR BEFORE 7/10/19, EXPLAINING WHY THIS COURT SHOULD RETAIN VENUE AND NOT TRANSFER THIS MATTER TO THE DISTRICT OF NEW JERSEY OR ANOTHER MORE APPROPRIATE VENUE PURSUANT TO 28 USC:1404. SIGNED BY HONORABLE JOSHUA D. WOLSON ON 6/26/19. 6/26/19 ENTERED & E-MAILED. COPIES MAILED TO UNREPS.(fdc) [Transferred from New Jersey on 12/10/2019.]
June 24, 2019 Opinion or Order Filing 5 ORDER THAT THIS CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE ROBERT F. KELLY TO THE CALENDAR OF THE HONORABLE JOSHUA D. WOLSON FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 6/24/2019. 6/25/2019 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(dmc, ) [Transferred from New Jersey on 12/10/2019.]
June 6, 2019 Filing 4 Disclosure Statement Form pursuant to FRCP 7.1 by NATIONWIDE INSURANCE COMPANY.(WALLACE, DIVYA) [Transferred from New Jersey on 12/10/2019.]
June 6, 2019 Filing 3 ANSWER to #1 Complaint by NATIONWIDE INSURANCE COMPANY.(WALLACE, DIVYA) [Transferred from New Jersey on 12/10/2019.]
June 5, 2019 Filing 2 NOTICE of Appearance by DIVYA WALLACE on behalf of NATIONWIDE INSURANCE COMPANY (WALLACE, DIVYA) [Transferred from New Jersey on 12/10/2019.]
May 15, 2019 Filing 1 COMPLAINT against ANDREW L BAILEY, FLORENCE BAILEY, NATIONWIDE INSURANCE COMPANY ( Filing fee $ 400 receipt number PPE197383.), filed by LINDA LIPPOLIS.(rf, ) [Transferred from New Jersey on 12/10/2019.]
May 15, 2019 3 Original Summons Issued as to ANDREW L BAILEY, FLORENCE BAILEY, NATIONWIDE INSURANCE COMPANY forwarded to Plaintiff's Counsel on 5/15/19. (rf, ) [Transferred from New Jersey on 12/10/2019.]

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Defendant: Nationwide Insurance Company
Represented By: Donald J. Bigley
Represented By: Divya Wallace
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Plaintiff: Linda Lippolis
Represented By: Joshua D Baer
Represented By: Marc I. Simon
Represented By: Harry Gosnear
Represented By: Mary G. McCarthy
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