Abington Kids Creative Learning Center, Inc. v. Utica National Insurance Group et al
| Abington Kids Creative Learning Center, Inc. |
| Utica National Insurance Group, Utica National Assurance Company, Utica Mutual Insurance Company, Republic-Franklin Insurance Company and Northeast Insurance |
| 3:2022cv01095 |
| July 13, 2022 |
| US District Court for the Middle District of Pennsylvania |
| Karoline Mehalchick |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on March 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 NOTICE by Abington Kids Creative Learning Center, Inc. re #32 Notice, Response to Notice of Supplemental Authority (Ghilardi, Melinda) |
| Filing 32 NOTICE Supplemental Authority Supporting Motion to Dismiss, filed by Republic-Franklin Insurance Company, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Group. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Certificate of Service)(Fitzgerald, Eric) |
| Filing 31 NOTICE by Abington Kids Creative Learning Center, Inc. re #30 Notice of Supplemental Authority Supporting Plaintiff's Opposition to Defendants' Motion to Dismiss (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Mulcahey, John) |
| Filing 30 NOTICE by Republic-Franklin Insurance Company, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Group re #3 MOTION to Dismiss (Attachments: #1 Exhibit(s) A)(Fitzgerald, Eric) |
| Filing 29 NOTICE by Republic-Franklin Insurance Company, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Group re #3 MOTION to Dismiss (Attachments: #1 Exhibit(s) A)(Fitzgerald, Eric) |
Filing 27
ORDER finding as moot #10 Motion to Dismiss for Failure to State a Claim. Signed by Chief MJ Karoline Mehalchick on 9/14/2022 (cw)
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| Filing 26 REPLY BRIEF re #3 MOTION to Dismiss filed by Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Group. (Attachments: #1 Certificate of Service)(Fitzgerald, Eric) |
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Filing 25
ORDER granting #24 Motion to Reset; granting #24 Motion to Continue -IT IS HEREBY ORDERED that the oral argument scheduled for Wednesday, August 31, 2022 is RESCHEDULED to Wednesday, September 14, 2022 at 9:00 AM. Signed by Chief MJ Karoline Mehalchick on 8/24/2022 (cw)
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| Set/Reset Hearings: Oral Argument set for 9/14/2022 09:00 AM in Scranton before Chief MJ Karoline Mehalchick. (cw) |
| Filing 24 MOTION to Reset Oral Argument, MOTION to Continue by Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Group. (Attachments: #1 Certificate of Concurrence, #2 Certificate of Service, #3 Proposed Order)(Ladov, Hillary) |
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Filing 23
Order approving re #22 Stipulation of Dismissal, Northeast Insurance terminated. Signed by Chief MJ Karoline Mehalchick on 8/23/2022. (cw)
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| Filing 22 STIPULATION of Dismissal of Northeast Insurance Only by Abington Kids Creative Learning Center, Inc.. (Attachments: #1 Certificate of Service)(Ghilardi, Melinda) |
| Filing 21 CONSENTS to Proceed Before US Magistrate Judge Mehalchick in Direct Assignment Cases pursuant to Standing Order 2022-19. (jkc) |
| DOCKET ANNOTATION: Document 20 deleted as it was filed in error. (jkc) |
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Filing 19
ORDER finding as moot #12 Motion for Extension of Time to File - AND NOW, this 15th day of August, 2022, IT IS HEREBY ORDERED that plaintiffs motion for extension of time to respond to the defendants motion to dismiss (Doc. 12) is DENIED AS MOOT. IT IS FURTHER ORDERED that the oral argument scheduled for Wednesday, August 24, 2022 is RESCHEDULED to Wednesday, August 31, 2022 at 10:00 AM in Courtroom #6. Counsel is reminded that this matter has been directly assigned to the undersigned United States Magistrate Judge per Standing Order 2022-19. On July 19, 2022, consent forms were sent to the parties, to be returned on or before August 18, 2022. If the parties do not consent, per the Standing Order, this matter will be reassigned to a District Judge and oral argument will be cancelled. Signed by Chief MJ Karoline Mehalchick on 8/15/2022 (cw)
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| Set/Reset Hearings: Oral Argument set for 8/31/2022 10:00 AM in Scranton before Chief MJ Karoline Mehalchick. (cw) |
| Filing 18 BRIEF IN OPPOSITION re #3 MOTION to Dismiss filed by Abington Kids Creative Learning Center, Inc.. (Attachments: #1 Exhibits, #2 Certificate of Service)(Ghilardi, Melinda) |
| Filing 17 SPECIAL ADMISSIONS FORM APPROVED as to Bryce L. Friedman Signed by Chief MJ Karoline Mehalchick on 8/10/2022. (cw) |
| Filing 16 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Hillary N. Ladov on behalf of Republic-Franklin Insurance Company, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Group Attorney Hillary N. Ladov and Eric A. Fitzgerald is seeking special admission. Filing fee $ 50, receipt number APAMDC-6024437. (Ladov, Hillary) (FILING FEE HAS BEEN REFUNDED, THIS IS A DUPLICATE PAYMENT.) Modified on 8/10/2022 (jw). |
| DOCKET ANNOTATION: Attorney Friedman is asked to refile page 4 with his signature, bar id and date on the signature block. Once this is refiled the court will take under consideration. Please refile as a document filed. (cw) |
| Filing 15 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Hillary N. Ladov on behalf of Republic-Franklin Insurance Company, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Group Attorney Hillary N. Ladov is seeking special admission. Filing fee $ 50, receipt number APAMDC-6024097.. (Ladov, Hillary) |
| DOCKET ANNOTATION: Attorney Fitzgerald is asked to refile the Petition for Special Admission (Doc. 13) as a "Petition for Special Admission - Pro Hac Vice" which is found under Other Documents. This event will prompt you for payment. Once this is refiled the court will take under consideration. (cw) |
| Filing 14 CERTIFICATE of of Concurrence by Republic-Franklin Insurance Company, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Group re #12 First MOTION for Extension of Time to File Response to Utica Defs Motion to Dismiss . (Attachments: #1 Proposed Order)(Ladov, Hillary) |
| Filing 13 Petition Pro Hac Vice , filed by Republic-Franklin Insurance Company, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Group. (Attachments: #1 Statement)(Fitzgerald, Eric) |
| Filing 12 First MOTION for Extension of Time to File Response to Utica Defs Motion to Dismiss by Abington Kids Creative Learning Center, Inc.. (Attachments: #1 Proposed Order, #2 Certificate of Nonconcurrence, #3 Certificate of Service)(Ghilardi, Melinda) |
| Filing 11 BRIEF IN SUPPORT re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Northeast Insurance. (Attachments: #1 Exhibit(s) A, #2 Certificate of Service)(O'Neal, Stuart) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Northeast Insurance. (Attachments: #1 Proposed Order, #2 Certificate of Service)(O'Neal, Stuart) |
| Filing 9 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Northeast Insurance. (O'Neal, Stuart) |
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Filing 8
SCHEDULING ORDER: IT IS HEREBY ORDERED that oral argument on the motion to dismiss (Doc. 3) will be held on Wednesday, August 24, 2022 at 10:00 AM in Courtroom #6 of the William J. Nealon Federal Building and United States Courthouse, 235 North Washington Ave., Scranton, Pennsylvania.This matter has been directly assigned to the undersigned United States Magistrate Judge per Standing Order 2022-19. On July 19, 2022, consent forms were sent to the parties, to be returned on or before August 18, 2022. If the parties do not consent, per the Standing Order, this matter will be reassigned to a District Judge and oral argument will be cancelled. Oral Argument set for 8/24/2022 10:00 AM in Scranton before Chief MJ Karoline Mehalchick. Signed by Chief MJ Karoline Mehalchick on 7/22/2022. (cw)
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| Filing 7 BRIEF IN SUPPORT re #3 MOTION to Dismiss filed by Republic-Franklin Insurance Company, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Group. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Ladov, Hillary) |
| DOCKET ANNOTATION: Attorney Ladov is asked to refile the Memo of Law (Doc 4) as a Brief in Support. Brief in Support can be found under responses and replies. (cw) |
| Filing 6 Praecipe Request for Argument . (Ladov, Hillary) |
| Filing 5 Corporate Disclosure Statement by Republic-Franklin Insurance Company, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Group. (Ladov, Hillary) |
| Filing 4 MEMORANDUM OF LAW by Republic-Franklin Insurance Company, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Group re #3 MOTION to Dismiss . (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Ladov, Hillary) |
| Filing 3 MOTION to Dismiss by Republic-Franklin Insurance Company, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Group. (Attachments: #1 Proposed Order)(Ladov, Hillary) |
| Filing 2 CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to Abington Kids Creative Learning Center, Inc., Northeast Insurance, Republic-Franklin Insurance Company, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Group YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE COMPLETED FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU DO NOT HAVE AN E-MAIL ACCOUNT YOU MAY MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 8/18/2022 (Attachments: #1 Defendants' Direct consent Form, #2 Defendant Northeast Insurance Consent Form) (cw) |
| DOCKET ANNOTATION: Attys Fitzgerald and Ladov will be updating address in PACER. (ao) |
| Filing 1 NOTICE OF REMOVAL by Utica National Assurance Company, Utica National Insurance Group, Utica Mutual Insurance Company, Republic-Franklin Insurance Company from Court of Common Pleas of Lackawanna County, case number 22-cv-1154. (Filing fee $ 402 receipt number APAMDC-6001267), filed by Utica National Assurance Company, Utica National Insurance Group, Utica Mutual Insurance Company, Republic-Franklin Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C)(ao) |
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