MELANGE CAFE LLC v. ERIE INSURANCE PROPERTY & CASUALTY COMPANY ET AL
| Melange Cafe LLC |
| ERIE INSURANCE PROPERTY & CASUALTY COMPANY, Governor James C. Justice, II and Prosecutor James A. Dodrill |
| Filmanatix LLC |
| 1:2021cv00029 |
| January 11, 2021 |
| US District Court for the Western District of Pennsylvania |
| Mark R Hornak |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 42
ORDER. In paragraphs 11 and 17 of the Court's MDL Order, all counsel were instructed to enter their appearances at the Lead Docket in this MDL action, which is Miscellaneous Docket no. 1:21-mc-00001. Currently, the Lead Docket reflects that ALL counsel in this case have not yet entered their appearance(s) on the Lead Docket. Counsel who wish to participate in the MDL's Initial Status Conference on Thursday, February 18, 2021, have until 10:00 AM EST on Tuesday, February 16, 2021 to enter their appearances at the Lead Docket, Miscellaneous Docket no. 1:21-mc-00001, or they may have their participation in the Initial Status Conference limited. All notices regarding participation in this and subsequent conferences and proceedings will be provided via that Lead Docket. Signed by Chief Judge Mark R. Hornak on 2/12/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
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Filing 41
ORDER. The Court having been assigned this Multi-District proceeding, Multidistrict Litigation ("MDL") Number 2969, by the Judicial Panel on Multidistrict Litigation ("JPMDL"), and in order to facilitate the Court's administration and resolution of the actions relating thereto, the Court hereby directs that an Initial Status Conference is hereby SCHEDULED for February 18, 2021 at 1:30 p.m. EST, by video conference via ZOOM.gov. The Initial Status Conference is for counsel only, and the instructions to access and participate in such will be circulated by February 12, 2021 to all counsel who have entered an appearance as set forth in this Order. It is further ORDERED as set forth herein. Signed by Chief Judge Mark R. Hornak on 2/1/21. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (bdb)
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| Filing 40 Case transferred in from District of West Virginia Southern; Case Number 2:20-cv-00441. Original file certified copy of transfer order and docket sheet received. |
| Filing 39 CONDITIONAL TRANSFER ORDER (CTO-1) JUDICIAL PANEL ON MDL: certified copy from the Western District of Pennsylvania transferring this action to the USDC/WDPA for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407. Signed by John W. Nichols. Clerk of the Panel on 12/28/2020. (cc: attys) (kew) |
| Filing 38 NOTIFICATION FROM JUDICIAL PANEL ON MULTIDISTRICT LITIGATION re: Conditional Transfer Order (CTO-1), MDL 2969. (kew) |
| Filing 37 NOTIFICATION FROM JUDICIAL PANEL ON MULTIDISTRICT LITIGATION re: Conditional Transfer Order (CTO-1), MDL 2969. (kew) |
| Filing 36 CERTIFICATE OF SERVICE by Erie Insurance Property & Casualty Company for Rule 26(a)(1) Initial Disclosures. (Gaston, Michelle) |
| Filing 35 CERTIFICATE OF SERVICE by Erie Insurance Property & Casualty Company for First Set of Interrogatories and Request for Production to Plaintiff Melange Cafe, LLC. (Gaston, Michelle) |
| Filing 34 CERTIFICATE OF SERVICE by Erie Insurance Property & Casualty Company for First Set of Interrogatories and Request for Production to Plaintiff Filmanatix LLC. (Gaston, Michelle) |
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Filing 33
MEMORANDUM OPINION AND ORDER denying Plaintiffs Filmanatix and Melange Cafe's #19 MOTION to Remand to Circuit Court and dismissing Defendant Commissioner James Dodrill and Defendant Governor James C. Justice, II as fraudulently joined; terminating as moot Defendant Governor James C. Justice, II's #15 MOTION to Dismiss and the #17 MOTION to Dismiss of James A. Dodrill, in His Official Capacity as the Insurance Commissioner of the State of West Virginia. Signed by Judge Irene C. Berger on 8/31/2020. (cc: counsel of record; any unrepresented party) (msa)
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| Filing 32 CERTIFICATE OF SERVICE by Melange Cafe LLC for Rule 26(a)(1) Initial Disclosures. (Fuqua, Cameron) |
| Filing 31 CERTIFICATE OF SERVICE by Filmanatix LLC for Rule 26(a)(1) Initial Disclosures. (Fuqua, Cameron) |
| Filing 30 CERTIFICATE OF SERVICE by James A. Dodrill for Rule 26(a)(1) Initial Disclosures. (Schultz, Katherine) |
| Filing 29 CERTIFICATE OF SERVICE by Erie Insurance Property & Casualty Company for Initial Rule 26(a)(1) Disclosures. (Gaston, Michelle) |
| Filing 28 CERTIFICATE OF SERVICE by James C. Justice, II for Rule 26(a)(1) Initial Disclosures. (Hammond, Kristen) |
| Filing 27 REPLY by Filmanatix LLC, Melange Cafe LLC to #23 Response In Opposition. (Fuqua, Cameron) |
| Filing 26 REPLY by Filmanatix LLC, Melange Cafe LLC to #24 Response In Opposition. (Fuqua, Cameron) |
| Filing 25 RESPONSE by Erie Insurance Property & Casualty Company in opposition to #19 MOTION by Filmanatix LLC, Melange Cafe LLC to Remand Case to Circuit Court of Kanawha County (Gaston, Michelle) |
| Filing 24 RESPONSE by James C. Justice, II in opposition to #19 MOTION by Filmanatix LLC, Melange Cafe LLC to Remand Case to Circuit Court of Kanawha County (Hammond, Kristen) |
| Filing 23 RESPONSE by James A. Dodrill in opposition to #19 MOTION by Filmanatix LLC, Melange Cafe LLC to Remand Case to Circuit Court of Kanawha County. (Schultz, Katherine) (Modified on 8/10/2020 to replace image) (ts). |
| NOTICE OF DOCKET CORRECTION re: #23 Response by James A. Dodrill in opposition to #19 Motion by Filmanatix LLC, Melange Cafe LLC to Remand Case to Circuit Court of Kanawha County. ERROR: Certificate of Service for document contained incorrect date. CORRECTION: Image replaced. (ts) |
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Filing 22
SCHEDULING ORDER: CANCELLING the Scheduling Conference previously scheduled for 8/12/2020; directing that the case shall proceed as follows: Joinder of Parties, amended pleadings due by 9/11/2020. Discovery requests to be completed by 10/29/2020, and all depositions by 1/4/2021. All discovery, including disclosures required by Fed. R. Civ. P. 26(a)(2), but not disclosures required by Fed. R. Civ. P. 26(a)(3), shall be completed by 12/7/2020. Expert Witness List by parties bearing the burden of proof due by 10/15/2020, by party not bearing burden of proof due by 11/15/2020, and to solely contradict or rebut evidence due by 12/1/2020. Dispositive Motions except those filed under Rule 12(b) due by 2/1/2021. Motions in Limine to be filed by 4/2/2021, with responses due by 4/9/2021. Proposed Voir Dire, Jury Instructions and Verdict Form shall be exchanged no later than 5/17/2020. Plaintiff's portion of proposed Pretrial Order to defendants due by 5/13/2021. Proposed integrated pretrial order due by 5/20/2021. Pretrial Conference/Final Settlement Conference at 9:00 AM on 5/27/2021 in Charleston. Jury Trial set for 6/7/2021 at 09:00 AM in Charleston before Judge Irene C. Berger. Signed by Judge Irene C. Berger on 7/30/2020. (cc: counsel of record; any unrepresented party) (mk)
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| Filing 21 RULE 26(f) REPORT OF PLANNING MEETING by Erie Insurance Property & Casualty Company, Melange Cafe LLC, Filmanatix LLC, James A. Dodrill, James C. Justice, II. (Gaston, Michelle) (Modified on 7/30/2020 to add party filers) (kew). |
| Filing 20 MEMORANDUM OF LAW by Erie Insurance Property & Casualty Company in support of #19 MOTION by Filmanatix LLC, Melange Cafe LLC to Remand Case to Circuit Court of Kanawha County. (kew) |
| NOTICE OF DOCKET CORRECTION re: #19 Motion by Filmanatix LLC, Melange Cafe LLC to Remand Case to Circuit Court of Kanawha County. ERROR: Memorandum in support attached to motion. CORRECTION: Memorandum removed and filed at entry #20. (kew) |
| Filing 19 MOTION by Filmanatix LLC, Melange Cafe LLC to Remand Case to Circuit Court of Kanawha County. (Fuqua, Cameron) (Modified on 7/29/2020 to remove memorandum in support and file at entry #20) (kew). |
| Filing 18 MEMORANDUM OF LAW by James A. Dodrill in support of #17 MOTION by James A. Dodrill to Dismiss Complaint. (Schultz, Katherine) |
| Filing 17 MOTION by James A. Dodrill to Dismiss Complaint Attached to #1 Notice of Removal. (Schultz, Katherine) (Modified on 7/20/2020 to add link to #1 notice of removal) (kew). |
| Filing 16 MEMORANDUM OF LAW by James C. Justice, II in support of #15 MOTION by James C. Justice, II to Dismiss Complaint. (Bailey, Charles) |
| Filing 15 MOTION by James C. Justice, II to Dismiss Complaint Attached to #1 Notice of Removal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Bailey, Charles) (Modified on 7/20/2020 to add link to #1 notice of removal) (kew). |
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Filing 14
MEMORANDUM OPINION AND ORDER directing that Civil Action Number 2:20-cv-442 be CONSOLIDATED with Civil Action Number 2:20-cv-441; Civil Action Number 2:20-cv-441 shall be designated as the lead case and the matter shall proceed under that styling. Signed by Judge Irene C. Berger on 7/20/2020. (cc: counsel of record; any unrepresented party) (kew)
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| THIS CASE HAS BEEN CONSOLIDATED WITH 2:20-cv-442 AS OF 7/20/2020. ALL FURTHER ENTRIES SHALL BE DOCKETED HEREIN. (kew) |
| Filing 13 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant James A. Dodrill (Means, Cassandra) |
| Filing 12 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant James C. Justice, II (Hammond, Kristen) |
| Filing 11 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Erie Insurance Property & Casualty Company (Gaston, Michelle) |
| Filing 10 ANSWER TO AMENDED COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Erie Insurance Property & Casualty Company. (Gaston, Michelle) (Modified on 7/6/2020 to add link to #1 notice of removal) (kew). |
| Filing 9 NOTICE OF APPEARANCE by Cassandra Lynn Means, Katherine A. Schultz on behalf of James A. Dodrill. (Means, Cassandra) |
| Filing 8 NOTICE OF APPEARANCE by Cassandra Lynn Means, Katherine A. Schultz on behalf of James A. Dodrill. (Means, Cassandra) |
| Filing 7 NOTICE OF APPEARANCE by Katherine A. Schultz, Cassandra L. Means on behalf of James A. Dodrill. (Schultz, Katherine) |
| Filing 6 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Kristen Vickers Hammond appearing on behalf of James C. Justice, II. (Hammond, Kristen) |
| Filing 5 APPEARANCE OF COUNSEL by Charles R. Bailey on behalf of James C. Justice, II. (Bailey, Charles) |
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Filing 4
ORDER directing that any party with an objection to consolidation or any party that has a position with regard to the scope of consolidation should file a notice of its position no later than 7/9/2020. Signed by Judge Irene C. Berger on 6/30/2020. (cc: counsel of record; any unrepresented party) (btm)
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Filing 3
ORDER AND NOTICE: Rule 12(b) Motions 7/20/2020. Rule 26(f) Meeting 7/22/2020. Last day to file report of Rule 26(f) Meeting 7/29/2020. Scheduling Conference at 3:00 p.m. on 8/12/2020 in Charleston. Entry of Scheduling Order 8/19/2020. Last Day to make Rule 26(a)(1) disclosures 8/26/2020. Signed by Judge Irene C. Berger on 6/30/2020. (cc: counsel of record and to any unrepresented party) (mms)
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| Filing 2 ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Discovery. (cc: attys; any unrepresented party) (klc) |
| CASE assigned to Judge Irene C. Berger. (klc) |
| Filing 1 NOTICE OF REMOVAL by Erie Insurance Property & Casualty Company with summons, complaint, amended complaint, docket sheet and other miscellaneous documents from Circuit Court of Kanawha County. Filing Fee $400.00. Receipt #AWVSDC-7658246. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proof of Filing, #4 Exhibit A to Proof of Filing) (kew) |
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