Hutch & Associates, Inc. et al v. Erie Insurance Company of New York et al
| Delaware Restaurant Holdings, LLC for themselves and on behalf of a class of similarly situated policyholders doing business as Remington Tavern & Seafood Exchange and Hutch & Associates, Inc. doing business as Hutch's Restaurant |
| ERIE INSURANCE COMPANY OF NEW YORK, ERIE INSURANCE COMPANY, ERIE INDEMNITY COMPANY doing business as ERIE INSURANCE GROUP, FLAGSHIP CITY INSURANCE COMPANY, Erie Insurance Property & Casualty Company and ERIE INSURANCE EXCHANGE |
| 1:2021cv00056 |
| January 25, 2021 |
| US District Court for the Western District of Pennsylvania |
| Mark R Hornak |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 1, 2021. A more recent docket listing may be available from PACER.
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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 New York Western; Case Number 1:20-cv-00896. Original file certified copy of transfer order and docket sheet received. |
| Filing 39 MULTIDISTRICT CONDITIONAL LITIGATION TRANSFER ORDER transferring the action the Western District of Pennsylvania. Signed by John W. Nichols,Clerk of the Panel on 12/28/2020. (MD) |
| Filing 38 REPLY to Response to Motion re #33 MOTION to Consolidate Cases filed by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Attachments: #1 Certificate of Service)(Klutkowski, Steven) |
| Filing 37 MEMORANDUM in Opposition re #33 MOTION to Consolidate Cases filed by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company. (Mura, Roy) |
| Filing 36 NOTICE by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Amended Complaint Defendants' First Notice of Supplemental Authority (Mura, Roy) |
| Filing 35 MEMORANDUM in Opposition re #32 First MOTION to Strike #19 Declaration,, filed by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Berloth, Christopher) |
| Filing 34 REPLY/RESPONSE to re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Amended Complaint Sur-Reply in Further Opposition to Defendants' Motion to Dismiss filed by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Berloth, Christopher) |
| Filing 33 MOTION to Consolidate Cases by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Certificate of Service)(Klutkowski, Steven) |
| Filing 32 First MOTION to Strike #19 Declaration,, by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company. (Attachments: #1 Memorandum in Support of Defendants' Motion to Strike)(Mura, Roy) |
| Filing 31 REPLY to Response to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Amended Complaint filed by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company. (Mura, Roy) |
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Filing 30
STIPULATION AND ORDER granting extension to time to file Defendant's reply and Plaintiff's sur-reply. Signed by Hon. Geoffrey Crawford on 10/28/20. (SG)
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Filing 29
ORDER granting #28 MOTION for Extension of Time to File Response/Reply. Signed by Hon. Geoffrey Crawford on 10/28/20. (JL)-CLERK TO FOLLOW UP-
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| Filing 28 MOTION for Extension of Time to File Response/Reply as to E-Filing Notification, 22 Order on Motion for Extension of Time to File,, Order on Motion for Extension of Time to File Response/Reply, by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company. (Attachments: #1 Declaration in Support of Motion for Enlargement of Time)(Mura, Roy) |
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Filing 27
ORDER granting #25 MOTION for Pro Hac Vice of Kristin A. Shepard. Signed by Hon. Geoffrey Crawford on 10/28/20. (JL)-CLERK TO FOLLOW UP-
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| E-Filing Notification regarding #26 Letter. The assigned judge does not accept letters. Parties asking for any type of relief from the court are directed to file formal motions.(SG) |
| Filing 26 MOTION for Extension of Time to File Response/Reply as to 22 Order on Motion for Extension of Time to File,, Order on Motion for Extension of Time to File Response/Reply, by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company.(Mura, Roy) |
| Verified admission to the District of Columbia State Bar for Attorney Kristin A. Shepard. (MD) |
| Filing 25 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4023708.) by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company. (Attachments: #1 Petition for admisson pro hac vice, #2 Sponsor Affidavit, #3 Attorney Oath, #4 Civility Principles Oath, #5 Attorney Database)(Kaiser, Adam) |
| Verified admission to the Georgia State Bar for Attorney Tiffany L. Powers. (MD) |
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Filing 24
ORDER granting #23 MOTION for Pro Hac Vice of Tiffany L. Powers. Signed by Hon. Geoffrey Crawford on 10/19/2020. (JL)-CLERK TO FOLLOW UP-
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| Filing 23 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4014481.) by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company. (Attachments: #1 Petition for Admission Pro Hac Vice, #2 Sponsors Affidavit, #3 Attorney Oath, #4 Civility Principles Oath, #5 Attorney Database)(Kaiser, Adam) |
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Filing 22
ORDER granting #21 MOTION for Extension of Time to File Response and Reply re: #11 Motion to Dismiss. Response due October 28, 2020; Reply due November 4, 2020. Signed by Hon. Geoffrey Crawford on 10/8/20. (JL)-CLERK TO FOLLOW UP-
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| Filing 21 MOTION for Extension of Time to File , MOTION for Extension of Time to File Response/Reply as to #19 Declaration,, #20 Memorandum in Opposition to Motion by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company.(Mura, Roy) |
| Filing 20 MEMORANDUM in Opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Amended Complaint filed by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Berloth, Christopher) |
| Filing 19 DECLARATION re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Amended Complaint filed by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc. In Opposition to Motion to Dismiss filed by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Berloth, Christopher) |
| Filing 18 NOTICE of Appearance by Adam Jay Kaiser on behalf of Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company (Kaiser, Adam) |
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Filing 17
ORDER granting #16 MOTION to Exceed Page Limit. Signed by Hon. Geoffrey Crawford on 9/22/20. (JL)
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| Filing 16 MOTION Page Limit Extension Joint Request by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Attachments: #1 Declaration Christopher M. Berloth, #2 Motion for Extension)(Berloth, Christopher) |
| Filing 15 MOTION Page Limit Extension Request by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc..(Berloth, Christopher) |
| E-Filing Notification: regarding #14 Letter. This document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (CGJ) |
| E-Filing Notification regarding #15 Motion, the assigned judge does not accept letters. Parties asking for any type of relief from the court are directed to file formal motions. (CGJ) |
| Filing 14 Letter filed by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc. as to Erie Indemnity Company, Flagship City Insurance Company, Erie Insurance Property & Casualty Company, Erie Insurance Company, Erie Insurance Exchange, Erie Insurance Company of New York Requesting Page Limit Extensions. (Berloth, Christopher) |
| Filing 13 SCHEDULING/CASE MANAGEMENT ORDER re Defendant's Motion to Dismiss (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Responses due by 9/30/2020. Replies due by 10/14/2020.. Signed by Hon. Geoffrey Crawford on 9/8/20. (SG) |
| Filing 12 Letter filed by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc. as to Erie Indemnity Company, Flagship City Insurance Company, Erie Insurance Property & Casualty Company, Erie Insurance Company, Erie Insurance Exchange, Erie Insurance Company of New York Requesting Court Conference. (Attachments: #1 Proposed Stipulated Scheduling Order)(Berloth, Christopher) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Amended Complaint by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Company, Flagship City Insurance Company. (Attachments: #1 Declaration, #2 Exhibit A to Declaration, #3 Memorandum in Support, #4 Exhibit A- Social Life PI Hearing Transcript, #5 Exhibit B -Diesel Barbershop v. State Farm Lloyds, #6 Exhibit C- Gavrilides MSD Hearing Transcript, #7 Exhibit D- Rose's 1 v. Erie Ins. Exchange Order, #8 Exhibit E- 10E LLC v. Travelers, #9 Exhibit F - Malaube v. Grennwich Ins. Co. - Report and Recommendation)(Mura, Roy) |
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Filing 10
ORDER granting #8 MOTION for Extension of Time to File Response/Reply as to #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Parties to submit a proposed scheduling order within thirty (30) days. Signed by Hon. Geoffrey Crawford on 8/19/20. (JL)-CLERK TO FOLLOW UP-
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| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Attachments: #1 Exhibit Ex A - Hutch Policy, #2 Exhibit Ex B - Remington Policy, #3 Exhibit Ex C - CEI Lit Ex 1 & 2, #4 Exhibit Ex D - Hutch Denial 3-30-20, #5 Exhibit Ex E - Remington Denial 3-31-20, #6 Exhibit Ex F - NYC Executive Orders, #7 Exhibit Ex G - DFS Directive Letter, #8 Exhibit Ex H - DFS Response)(Berloth, Christopher) |
| Filing 8 MOTION for Extension of Time to File Response/Reply as to #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Motion is Unopposed) by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Attachments: #1 Declaration Christopher M. Berloth, Esq., #2 Motion for Extension)(Berloth, Christopher) |
| Filing 7 Corporate Disclosure Statement by Delaware Restaurant Holdings, LLC, Hutch & Associates, Inc.. (Berloth, Christopher) |
| Filing 6 NOTICE of Appearance by Steven William Klutkowski on behalf of All Plaintiffs (Klutkowski, Steven) |
| Filing 5 NOTICE of Appearance by Scott David Mancuso on behalf of All Defendants (Mancuso, Scott) |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD) |
| Filing 4 Corporate Disclosure Statement by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Co., Flagship City Insurance Company. (Mura, Roy) |
| Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Co., Flagship City Insurance Company. (Attachments: #1 Declaration of Roy A. Mura, Esq., #2 Exhibit A to Declaration of Roy A. Mura, Esq., #3 Memorandum in Support, #4 Exhibit A to Defendants' Memorandum of Law in Support, #5 Exhibit B to Defendants' Memorandum of Law in Support)(Mura, Roy) |
| Filing 2 CONTINUATION OF EXHIBITS by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Co., Flagship City Insurance Company. filed by Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property & Casualty Co., Flagship City Insurance Company. (Attachments: #1 Exhibit Index of State Court Documents, #2 Certificate of Service)(Mura, Roy) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court, case number 804532/2020. (Filing fee $ 400 receipt number 0209-3903369), filed by All Defendants. (Attachments: #1 Exhibit A-Summons and Complaint, #2 Exhibit B-Morganson Declaration in Support of removal)(Mura, Roy) |
| Case Assigned to Hon. Geoffrey Crawford. Notification to Chambers of on-line civil case opening. (JD) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (JD) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) |
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