Zavogiannis v. Erie Insurance Exchange et al (PLR3)
| Dimitrios Zavogiannis individually and on behalf of all others similarly situated doing business as Gondola Restaurant |
| ERIE INSURANCE COMPANY doing business as ERIE INSURANCE GROUP, ERIE INSURANCE COMPANY OF NEW YORK doing business as ERIE INSURANCE GROUP, ERIE INSURANCE EXCHANGE doing business as ERIE INSURANCE GROUP and ERIE INSURANCE PROPERTY AND CASUALTY COMPANY doing business as ERIE INSURANCE GROUP |
| 1:2021cv00060 |
| January 26, 2021 |
| US District Court for the Western District of Pennsylvania |
| Mark R Hornak |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 54
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 53 Case transferred in from District of Tennessee Eastern; Case Number 4:20-cv-00039. Original file certified copy of transfer order and docket sheet received. Modified on 1/26/2021 (cel). |
| Case transferred to District of Western District of Pennsylvania. Certified copy of transfer order, and docket sheet sent. (CNC) |
| Filing 52 Case Name: Zavogiannis v. Erie Insurance Exchange et al (PLR3)Case Number:TNE/4:20-cv-00039Filer:Document Number:No document attached Docket Text: ***TEXT ONLY ENTRY***MINUTE ORDER - TO INVOLVED CLERKS - Conditional Transfer Order (CTO-1) Finalized on 12/28/2020. Please see pleading (18 in DC/1:20-cv-02651, 15 in ILN/1:20-cv-04114, 104 in MDL No. 2969, 15 in NYW/1:20-cv-00754, 24 in NYW/1:20-cv-00896, 15 in OHN/1:20-cv-01213, 18 in TNE/4:20-cv-00039, 15 in TNW/2:20-cv-02544, 19 in WVS/2:20-cv-00441).As stipulated in Rule 7.1(c) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, transmittal of the order has been stayed 7 days to give any party an opportunity to oppose the transfer.The 7-day period has now elapsed, no opposition was received, and the order is directed to the Clerk of the United States District Court for the W.D. Pennsylvania for filing. The Panel governing statute, 28 U.S.C. 1407, requires that the transferee clerk transmit a certified copy of the Panel order to transfer to the clerk of the district court from which the action is being transferred.Signed by Clerk of the Panel John W. Nichols on 12/28/2020.Associated Cases: MDL No. 2969, DC/1:20-cv-02651, ILN/1:20-cv-04114, NYW/1:20-cv-00754, NYW/1:20-cv-00896, OHN/1:20-cv-01213, TNE/4:20-cv-00039, TNW/2:20-cv-02544, WVS/2:20-cv-00441 (LH) (SAC) |
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Filing 51
SCHEDULING ORDER: Jury Trial set for 3/7/2022 09:00 AM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier. Final Pretrial Conference set for 2/24/2022 04:00 PM in Courtroom 3 - Chattanooga before District Judge Curtis L Collier.Signed by District Judge Curtis L Collier on 12/7/2020. (DJH)
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| Filing 50 Minute Entry for proceedings held before District Judge Curtis L Collier: Scheduling Conference held (teleconference) on 12/3/2020. No Court Reporter and no Courtroom Deputy present. (BJL) |
| Filing 49 REPORT of Rule 26(f) Planning Meeting. (Ferrell, Edward) |
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Filing 48
ORDER granting #47 Motion for Leave to Appear Pro Hac Vice by Attorney Kristin A. Shepard on behalf of Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property and Casualty Company. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Susan K Lee on 11/20/2020. (KRS) Mailed to Kristin Shepard (CNC).
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| Clerk's Verification of PHV Requirements is complete regarding document: #47 MOTION for Leave to Appear Pro Hac Vice Kristin A. Shepard ( Filing fee $ 90 receipt number ATNEDC-4542833.) filed by Erie Insurance Property and Casualty Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Company (GRE) |
| Filing 47 MOTION for Leave to Appear Pro Hac Vice Kristin A. Shepard ( Filing fee $ 90 receipt number ATNEDC-4542833.) by Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property and Casualty Company. (Attachments: #1 Other Certificate of Good Standing)(Ferrell, Edward) |
| Filing 46 NOTICE of Hearing: Scheduling Conference set for 12/3/2020 02:00 PM in Judge's Chambers (Telephonic Hearing) before District Judge Curtis L Collier. Call-in information will be circulated by email. (CBS) |
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Filing 45
ORDER granting #42 Motion for Leave to Appear Pro Hac Vice by Attorney Tiffany L. Powers on behalf of Defendants Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property and Casualty Company. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Susan K Lee on 10/21/2020. (KRS)
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Filing 44
ORDER granting #41 Motion for Leave to Appear Pro Hac Vice by Attorney Adam J. Kaiser on behalf of Defendants Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property and Casualty Company. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Susan K Lee on 10/21/2020. (KRS)
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| Clerk's Verification of PHV Requirements is complete regarding document: #42 MOTION for Leave to Appear Pro Hac Vice Tiffany Powers ( Filing fee $ 90 receipt number ATNEDC-4517525.) filed by Erie Insurance Property and Casualty Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Company as to Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property and Casualty Company (DJH) |
| Clerk's Verification of PHV Requirements is complete regarding document: #41 MOTION for Leave to Appear Pro Hac Vice Atty Adam Kaiser ( Filing fee $ 90 receipt number ATNEDC-4514551.) filed by Erie Insurance Property and Casualty Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Company as to Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property and Casualty Company (DJH) |
| Mailed copy of docket to Attorney Richard E. Shevitz showing order granting PHV (DJH) |
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Filing 43
ORDER granting #13 Motion for Leave to Appear Pro Hac Vice by Attorney Richard E. Shevitz on behalf of Dimitrios Zavogiannis. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Susan K Lee on 10/15/2020. (KRS)
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| Filing 42 MOTION for Leave to Appear Pro Hac Vice Tiffany Powers ( Filing fee $ 90 receipt number ATNEDC-4517525.) by Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property and Casualty Company. (Chastain, Parks) |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-4514551.) by Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property and Casualty Company. (Ferrell, Edward) |
| Filing 40 NOTICE OF NONCONSENT by Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property and Casualty Company (Ferrell, Edward) |
| Clerk's Verification of PHV Requirements is complete regarding document: #13 MOTION for Leave to Appear Pro Hac Vice Richard Shevitz ( Filing fee $ 90 receipt number ATNEDC-4462598.) filed by Dimitrios Zavogiannis (GRE) |
| Filing 39 Administrative Notice to Counsel requirements due by 10/9/2020. (DJH) |
| Filing 38 Administrative Notice to Counsel requirements due by 10/9/2020. (DJH) |
| All documents from 9/22/2020 mailed to Attys Amina Thomas, Austin Doan and Samuel Strauss (DJH) |
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Filing 37
ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Curtis L Collier on 9/29/2020. (Attachments: #1 notice of consent/non consent) (DJH)
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| Filing 36 SUPPLEMENT Business Disclosure Statement by Erie Insurance Exchange. (Chastain, Parks) |
| Filing 35 SUPPLEMENT Business Disclosure Statement by Erie Insurance Property and Casualty Company. (Chastain, Parks) |
| Filing 34 SUPPLEMENT Business Disclosure Statement by Erie Insurance Company of New York. (Chastain, Parks) |
| Filing 33 SUPPLEMENT Business Disclosure Statement by Erie Insurance Exchange. (Chastain, Parks) |
| Filing 32 ANSWER to #1 Complaint, by Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property and Casualty Company.(Chastain, Parks) |
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Filing 31
ORDER REASSIGNING CASE. District Judge Pamela L Reeves no longer assigned to case Case reassigned to District Judge Curtis L Collier for all further proceedings. Signed by District Judge Travis R McDonough on 9/22/2020. (DJH)
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| Filing 30 SUMMONS Returned Executed by Dimitrios Zavogiannis. Erie Insurance Property and Casualty Company served through the State of Tennessee Department of Commerce and Insurance on 8/19/2020. (AYB) |
| Filing 29 SUMMONS Returned Executed by Dimitrios Zavogiannis. Erie Insurance Exchange served through the State of Tennessee Department of Commerce and Insurance on 8/19/2020. (AYB) |
| Filing 28 SUMMONS Returned Executed by Dimitrios Zavogiannis. Erie Insurance Company of New York served through the State of Tennessee Department of Commerce and Insurance on 8/19/2020. (AYB) |
| Filing 27 SUMMONS Returned Executed by Dimitrios Zavogiannis. Erie Insurance Company served through the State of Tennessee Department of Commerce and Insurance on 8/19/2020. (AYB) |
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Filing 26
ORDER granting #17 Motion for Leave to Appear Pro Hac Vice by Attorney Mary Carolyn Turke on behalf of Plaintiff Dimitrios Zavogiannis. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Susan K Lee on 09/01/2020. (KRS)
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Filing 25
ORDER granting #16 Motion for Leave to Appear Pro Hac Vice by Attorney Austin Doan on behalf of Plaintiff Dimitrios Zavogiannis. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Susan K Lee on 09/01/2020. (KRS)
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Filing 24
ORDER granting #15 Motion for Leave to Appear Pro Hac Vice by Attorney Samuel J. Strauss on behalf of Plaintiff Dimitrios Zavogiannis. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Susan K Lee on 09/01/2020. (KRS)
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Filing 23
ORDER granting #12 Motion for Leave to Appear Pro Hac Vice by Attorney Lisa LaFornara on behalf of Plaintiff Dimitrios Zavogiannis. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Susan K Lee on 09/01/2020. (KRS)
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Filing 22
ORDER granting #10 Motion for Leave to Appear Pro Hac Vice by Attorney Amina A. Thomas on behalf of Plaintiff Dimitrios Zavogiannis. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Susan K Lee on 09/01/2020. (KRS)
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Filing 21
ORDER granting #9 Motion for Leave to Appear Pro Hac Vice by Attorney Lynn A. Toops on behalf of Plaintiff Dimitrios Zavogiannis. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Susan K Lee on 09/01/2020. (KRS)
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Filing 20
ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Pamela L Reeves on August 28, 2020. (Attachments: #1 Consent/Non-Consent Form(flatten/print to pdf/non fillable format for ECF) (SAC)Order mailed to Attorneys Thomas, Doan, LaFornara, Strauss and Turke.
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| Clerk's Verification of PHV Requirements is complete regarding document: #9 MOTION for Leave to Appear Pro Hac Vice Lynn Toops ( Filing fee $ 90 receipt number ATNEDC-4462582.) filed by Dimitrios Zavogiannis, #10 MOTION for Leave to Appear Pro Hac Vice Amina Thomas ( Filing fee $ 90 receipt number ATNEDC-4462593.) filed by Dimitrios Zavogiannis, #15 MOTION for Leave to Appear Pro Hac Vice Samuel Strauss ( Filing fee $ 90 receipt number ATNEDC-4462603.) filed by Dimitrios Zavogiannis, #12 MOTION for Leave to Appear Pro Hac Vice Lisa LaFornara ( Filing fee $ 90 receipt number ATNEDC-4462596.) filed by Dimitrios Zavogiannis, #17 MOTION for Leave to Appear Pro Hac Vice Mary Turke ( Filing fee $ 90 receipt number ATNEDC-4462609.) filed by Dimitrios Zavogiannis, #16 MOTION for Leave to Appear Pro Hac Vice Austin Doan ( Filing fee $ 90 receipt number ATNEDC-4462607.) filed by Dimitrios Zavogiannis as to Dimitrios Zavogiannis (SAC) |
| Filing 19 TEXT ORDER granting #18 Defendants' unopposed Motion for Extension of Time to respond re #1 Complaint. For good cause shown and without objection, Defendants shall have an extension of time through September 28, 2020, to file their responsive pleading(s) to Plaintiff's Complaint. This docket text entry constitutes the complete Order of the Court signed by United States Magistrate Judge Susan K. Lee. (Lee, Susan) Modified on 8/28/2020, Order mailed to all non-ECF parties. (SAC). |
| Filing 18 MOTION for Extension of Time to File Answer re #1 Complaint, / Respond to Complaint by Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property and Casualty Company. (Attachments: #1 Exhibit Order Granting Extension of Time to Respond to Complaint)(Ferrell, Edward) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Mary Turke ( Filing fee $ 90 receipt number ATNEDC-4462609.) by Dimitrios Zavogiannis. (Attachments: #1 Other Certificate of Good Standing)(Stranch, J.) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Austin Doan ( Filing fee $ 90 receipt number ATNEDC-4462607.) by Dimitrios Zavogiannis. (Attachments: #1 Other Certificate of Good Standing)(Stranch, J.) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Samuel Strauss ( Filing fee $ 90 receipt number ATNEDC-4462603.) by Dimitrios Zavogiannis. (Attachments: #1 Other Certificate of Good Standing)(Stranch, J.) |
| Filing 14 NOTICE of Appearance by Edward Jason Ferrell on behalf of Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property and Casualty Company (Ferrell, Edward) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice Richard Shevitz ( Filing fee $ 90 receipt number ATNEDC-4462598.) by Dimitrios Zavogiannis. (Attachments: #1 Other Certificate of Good Standing)(Stranch, J.) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice Lisa LaFornara ( Filing fee $ 90 receipt number ATNEDC-4462596.) by Dimitrios Zavogiannis. (Attachments: #1 Other Certificate of Good Standing)(Stranch, J.) |
| Filing 11 NOTICE of Appearance by Parks T Chastain on behalf of Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property and Casualty Company (Chastain, Parks) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Amina Thomas ( Filing fee $ 90 receipt number ATNEDC-4462593.) by Dimitrios Zavogiannis. (Attachments: #1 Other Certificate of Good Standing)(Stranch, J.) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Lynn Toops ( Filing fee $ 90 receipt number ATNEDC-4462582.) by Dimitrios Zavogiannis. (Attachments: #1 Other Certificate of Good Standing)(Stranch, J.) |
| Filing 8 SUMMONS Returned Executed by Dimitrios Zavogiannis. Erie Insurance Exchange served on 8/18/2020. (Stranch, J.) |
| Filing 7 Certificate of Corporate Interest by Dimitrios Zavogiannis. (Stranch, J.) |
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Filing 6
Order Governing Motions To Dismiss. Signed by District Judge Pamela L Reeves on 08/13/2020. (Copy mailed to Amina Thomas, Austin Doan, Lisa LaFornara, & Samuel Strauss) (CAT)
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Filing 5
Order Governing Depositions. Signed by District Judge Pamela L Reeves on 08/13/2020. (Copy mailed to Amina Thomas, Austin Doan, Lisa LaFornara, & Samuel Strauss) (CAT)
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Filing 4
Order Governing Sealing Confidential Information. Signed by District Judge Pamela L Reeves on 08/13/2020. (Copy mailed to Amina Thomas, Austin Doan, Lisa LaFornara, & Samuel Strauss) (CAT)
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| Filing 3 Summons Issued as to Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Erie Insurance Property and Casualty Company. (Attachments: #1 Summons Erie Insurance Company of New York, #2 Summons Erie Insurance Company, #3 Summons Erie Insurance Property and Casualty Company) (CAT) |
| Filing 2 NOTICE of Deficiency (Pro Hac). Attorneys Amina Thomas, Austin Doan, Lisa LaFornara, Lynn A Toops, Richard E Shevitz, & Samuel Strauss are not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. (Copy of Notice mailed to Amina Thomas, Austin Doan, Lisa LaFornara, & Samuel Strauss) (CAT) |
| NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by Dimitrios Zavogiannis. (CAT) |
| District Judge Pamela L Reeves and Magistrate Judge Susan K Lee added. (CAT) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ATNEDC-4444511.), filed by Dimitrios Zavogiannis. (Attachments: #1 Other Civil Cover Sheet, #2 Summons Erie Insurance Exchange, #3 Summons Erie Insurance Company, #4 Summons Erie Insurance Company of New York, #5 Summons Erie Insurance Property and Casualty Company)(Stranch, J.) |
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| Defendant: ERIE INSURANCE COMPANY doing business as ERIE INSURANCE GROUP | |
| Represented By: | Parks T. Chastain |
| Represented By: | Tiffany L Powers |
| Represented By: | Kristin A. Shepard |
| Represented By: | Adam J. Kaiser |
| Represented By: | Edward Jason Ferrell |
| Represented By: | Kristin Ann Shepard |
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| Defendant: ERIE INSURANCE COMPANY OF NEW YORK doing business as ERIE INSURANCE GROUP | |
| Represented By: | Parks T. Chastain |
| Represented By: | Tiffany L Powers |
| Represented By: | Kristin A. Shepard |
| Represented By: | Adam J. Kaiser |
| Represented By: | Edward Jason Ferrell |
| Represented By: | Kristin Ann Shepard |
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| Defendant: ERIE INSURANCE EXCHANGE doing business as ERIE INSURANCE GROUP | |
| Represented By: | Parks T. Chastain |
| Represented By: | Tiffany L Powers |
| Represented By: | Kristin A. Shepard |
| Represented By: | Adam J. Kaiser |
| Represented By: | Edward Jason Ferrell |
| Represented By: | Kristin Ann Shepard |
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| Defendant: ERIE INSURANCE PROPERTY AND CASUALTY COMPANY doing business as ERIE INSURANCE GROUP | |
| Represented By: | Parks T. Chastain |
| Represented By: | Tiffany L Powers |
| Represented By: | Kristin A. Shepard |
| Represented By: | Adam J. Kaiser |
| Represented By: | Edward Jason Ferrell |
| Represented By: | Kristin Ann Shepard |
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| Plaintiff: Dimitrios Zavogiannis individually and on behalf of all others similarly situated doing business as Gondola Restaurant | |
| Represented By: | Amina A Thomas |
| Represented By: | Lynn A Toops |
| Represented By: | Mary Carolyn Turke |
| Represented By: | Richard E. Shevitz |
| Represented By: | Lisa La Fornara |
| Represented By: | Austin Doan |
| Represented By: | Samuel J Strauss |
| Represented By: | Anthony A Orlandi |
| Represented By: | J. Gerard Stranch, IV |
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