Steven A. Udesky OD and Associates P.C. v. Erie Insurance Property & Casualty Company
| STEVEN A. UDESKY OD AND ASSOCIATES P.C. doing business as NORTHBROOK FAMILY EYE CARE |
| ERIE INSURANCE PROPERTY & CASUALTY COMPANY |
| 1:2021cv00113 |
| April 6, 2021 |
| US District Court for the Western District of Pennsylvania |
| Mark R Hornak |
| Insurance |
| 28 U.S.C. § 1330 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 6, 2021. A more recent docket listing may be available from PACER.
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| Filing 37 Case transferred in from District of Illinois Northern; Case Number 1:20-cv-04994. Original file certified copy of transfer order and docket sheet received. |
| Chief Judge Mark R. Hornak added. (jv) |
| Filing 36 TRANSFERRED to the Western District of Pennsylvania the electronic record.(nsf, ) |
| Filing 35 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to Western District of Pennsylvania.(nsf, ) |
| ***Civil Case Terminated pursuant to MDL 2969 Conditional Transfer Order filed 4/2/21. (nsf, ) |
| Filing 34 MINUTE entry before the Honorable Franklin U. Valderrama: Telephonic status hearing set for 3/1/2021 is stricken and a status hearing is reset for 4/15/2021 at 9:30 a.m. but to track the case only (no appearance is required; the case will not be called). Mailed notice (axc). |
| Filing 33 MINUTE entry before the Honorable Jeffrey Cole: Telephone status conference held on 2/23/21. Parties informed us that they are not actively engaged in discovery pending the outcome of the Defendant's Motion to Stay pending decision on JPML Transfer #27 . The next telephone status conference is set for 4/22/21 at 9:00am. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (yt) |
| Filing 32 MINUTE entry before the Honorable Jeffrey Cole: At the Court's instance, the telephone status conference set for 2/22/21 is RESCHEDULED to 2/23/21 at 9:00am. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (yt) |
| Filing 31 MINUTE entry before the Honorable Jeffrey Cole:Telephone Status Conference set for 2/19/21 is RESCHEDULED to 2/22/21 at 9:00am to discuss the progress of discovery. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Counsel should contact the Court should any difficulties arise during depositions. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt) |
| Filing 30 RESPONSE by Steven A. Udesky OD and Associates P.C.in Opposition to MOTION by Defendant Erie Insurance Property & Casualty Company to stay Pending Decision on JPML Transfer #27 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Goodman, David) |
| Filing 29 REPLY by Steven A. Udesky OD and Associates P.C. to MOTION by Plaintiff Steven A. Udesky OD and Associates P.C. to strike answer to complaint #14 #20 , response to motion #26 (Goodman, David) |
| Filing 28 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff may file a response to Defendant's Motion to Stay Pending Decision on JPML Transfer #27 by 4:00 p.m. on 1/6/2021. Mailed notice (axc). |
| Filing 27 MOTION by Defendant Erie Insurance Property & Casualty Company to stay Pending Decision on JPML Transfer (Attachments: #1 Exhibit, #2 Exhibit)(Lichtcsien, Bruce) |
| Filing 26 RESPONSE by Erie Insurance Property & Casualty Company to MOTION by Plaintiff Steven A. Udesky OD and Associates P.C. to strike answer to complaint #14 #20 (Lichtcsien, Bruce) |
| Filing 25 CERTIFICATE of Service of Erie Insurance Property & Casualty Company's Rule 30(b)(6) Notice of Deposition of Plaintiff, First Set of Interrogatories to Plaintiff, and First Set of Requests for Production of Documents to Plaintiff by Bruce Michael Lichtcsien on behalf of Erie Insurance Property & Casualty Company (Lichtcsien, Bruce) |
| Filing 24 MINUTE entry before the Honorable Jeffrey Cole: The parties have filed a Joint Motion for Recommended Discovery Schedule. #22 . The motion is granted in part and denied in part. Counsel have agreed on certain dates on which discovery will end but were unable to come to an agreement regarding a proposed discovery schedule on others. The motion is granted insofar as it seeks approval of the first three categories of dates proposed in the motion, i.e. Rule 26(a) initial disclosures, amendment to the pleadings, and service of process on any "John Does". However, they could not come to an agreement as to dates for the remaining 6 categories of discovery, namely completion of fact discovery, disclosure of plaintiff's expert reports, deposition of plaintiff's expert, disclosure of defendant's expert report, deposition of defendant's expert and dispositive motions. As to these, they were three months apart as to each category. Accordingly, as to these 6 categories the dates for closure will be a month and a half after the dates proposed by plaintiff and month and a half before the dates proposed by defendant. Thus, the following schedule will govern: Rule 26(a) Initial Disclosures by 12/17/20, Amendment to the pleadings by 1/7/21, Service of process on any "John Does" by 1/7/21, Fact discovery to be completed by 5/17/21, Disclosure of Plaintiff's Expert Report(s) by 6/17/21, Deposition of Plaintiff's Expert by 7/16/21, Disclosure of Defendant's Expert Report(s) by 8/16/21, Deposition of Defendant's Expert by 9/16/21, Dispositive Motions by 10/18/21 and Expert discovery to be completed by 9/16/21. The motion contains no explanation of why one date or the other is necessary or should be preferred. Accordingly, the Joint Motion ultimately left if for the court to decide on dates. Mailed notice (yt) |
| Filing 23 STATUS Report Joint Initial Status Report by Steven A. Udesky OD and Associates P.C. (Goodman, David) |
| Filing 22 MOTION by Plaintiff Steven A. Udesky OD and Associates P.C. for discovery Joint Motion for Discovery Schedule (Goodman, David) |
| Filing 21 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on plaintiff's motion to strike portions of defendant's answer and affirmative defenses #20 : defendant's response due on or before 12/15/20; plaintiff's reply due on or before 12/29/2020. Telephonic status hearing set for 3/1/2021 at 9: 30 a.m. The call-in number is (888) 808-6929 and the access code is 5348076. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (axc). |
| Filing 20 MOTION by Plaintiff Steven A. Udesky OD and Associates P.C. to strike answer to complaint #14 (Goodman, David) |
| Filing 19 MINUTE entry before the Honorable Jeffrey Cole: Judge Valderrama has referred the case here for discovery supervision, including setting all deadlines, and settlement matters #17 and #18 . Parties are to submit a Joint Status Report including a Motion for a Recommended Joint Discovery Schedule by 12/4/20. Telephone Status Conference is set for 2/19/21 at 9:00am to discuss the progress of discovery. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Counsel should contact the Court should any difficulties arise during depositions. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt) |
| Filing 18 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: discovery supervision, including setting all deadlines, and settlement matters. (axc) Mailed notice. |
| Filing 17 MINUTE entry before the Honorable Franklin U. Valderrama: The Court refers discovery supervision, including setting all deadlines, and settlement matters to Magistrate Judge Cole. Mailed notice (axc). |
| Filing 16 STATUS Report Joint Status Report by Steven A. Udesky OD and Associates P.C. (Goodman, David) |
| Filing 15 ATTORNEY Appearance for Plaintiff Steven A. Udesky OD and Associates P.C. by Carrie Ellen Davenport Corrected Appearance (Davenport, Carrie) |
| Filing 14 ANSWER to Complaint and Affirmative Defenses by Erie Insurance Property & Casualty Company(Lichtcsien, Bruce) |
| Filing 13 ATTORNEY Appearance for Plaintiff Steven A. Udesky OD and Associates P.C. by Carrie Ellen Davenport (Davenport, Carrie) |
| Filing 12 MINUTE entry before the Honorable Franklin U. Valderrama: Defendant's unopposed motion for leave to file its answer and affirmative defenses #11 is granted. Defendant's responsive pleading due on or before 11/2/2020. The parties are directed to file a Joint Status Report on this Court's form on or before 11/16/2020. Mailed notice (Attachments: #1 Joint Status Report) (axc). |
| Filing 11 MOTION by Defendant Erie Insurance Property & Casualty Company for leave to file Its Answer and Affirmative Defenses (Lichtcsien, Bruce) |
| Filing 10 ATTORNEY Appearance for Defendant Erie Insurance Property & Casualty Company by Jonathan Robert Puskar (Puskar, Jonathan) |
| Filing 9 ATTORNEY Appearance for Defendant Erie Insurance Property & Casualty Company by Bruce Michael Lichtcsien (Lichtcsien, Bruce) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Steven A. Udesky OD and Associates P.C. (Goodman, David) |
| Filing 7 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0027: Pursuant that to the Executive Committee Order entered on September 23, 2020 the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Franklin U. Valderrama; therefore IT IS HEREBY ORDERED that the attached list of 371 cases be reassigned to the Honorable Franklin U. Valderrama; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Franklin U. Valderrama's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Franklin U. Valderrama to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases. Case reassigned to the Honorable Franklin U. Valderrama for all further proceedings. Honorable Manish S. Shah no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 9/28/2020.(docket4, ) |
| Filing 6 MINUTE entry before the Honorable Manish S. Shah: By 11/2/20, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Shah's name and then again on the link entitled 'Initial Status Conferences.' Notices mailed. (psm, ) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (dxb, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff Steven A. Udesky OD and Associates P.C. d/b/a Northbrook Family Eye Care by Kalli Kling Nies (Nies, Kalli) |
| Filing 4 ATTORNEY Appearance for Plaintiff Steven A. Udesky OD and Associates P.C. d/b/a Northbrook Family Eye Care by David Benjamin Goodman (Goodman, David) |
| Filing 3 REQUEST for Waiver of Service sent to Erie Insurance Property & Casualty Company on 8/25/20 by Plaintiff Steven A. Udesky OD and Associates P.C. d/b/a Northbrook Family Eye Care. Waiver of service due by 9/24/2020. (Goodman, David) |
| Filing 2 CIVIL Cover Sheet (Goodman, David) |
| Filing 1 COMPLAINT filed by Steven A. Udesky OD and Associates P.C. d/b/a Northbrook Family Eye Care; Jury Demand. Filing fee $ 400, receipt number 0752-17360366. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Goodman, David) |
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| Defendant: ERIE INSURANCE PROPERTY & CASUALTY COMPANY | |
| Represented By: | Bruce Michael Lichtcsien |
| Represented By: | Jonathan Robert Puskar |
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| Plaintiff: STEVEN A. UDESKY OD AND ASSOCIATES P.C. doing business as NORTHBROOK FAMILY EYE CARE | |
| Represented By: | Kalli Kling Nies |
| Represented By: | David Benjamin Goodman |
| Represented By: | Carrie Ellen Davenport |
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