HIRSCHFIELD-LOUIK v. THE CINCINNATI INSURANCE COMPANY et al
| DMD BETTY JO HIRSCHFIELD-LOUIK and BETTY JO HIRSCHFIELD-LOUIK |
| THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI CASUALTY COMPANY and THE CINCINNATI INSURANCE COMPANY |
| RICHARD A. COVATTO, 2 TOMATO, INC., BERG DENTAL OFFICES PC, DR RICHARD GOTTLIEB, TERI WALBORN and FIFTY FIRST STREET LLC doing business as SPIRIT |
| 2:2020cv00816 |
| June 3, 2020 |
| 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 October 24, 2022. A more recent docket listing may be available from PACER.
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Filing 101
ORDER GRANTING #100 Consent Motion for Extension of Time to File Reply. Defendants' Reply to #99 Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss is due on or before 3/1/22. Signed by Chief Judge Mark R. Hornak on 2/3/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
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Filing 100
Consent MOTION for Extension of Time to File Response/Reply as to #99 Brief in Opposition to Motion, by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Exhibit A, #2 Proposed Order) (Gill, Trisha)
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Filing 99
BRIEF in Opposition re #95 Motion to Dismiss for Failure to State a Claim filed by 2 TOMATO, INC., BERG DENTAL OFFICES PC, RICHARD A. COVATTO, FIFTY FIRST STREET LLC, RICHARD GOTTLIEB, BETTY JO HIRSCHFIELD-LOUIK, TERI WALBORN. (Attachments: #1 Proposed Order) (Lynch, Gary)
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Filing 98
ORDER granting #97 Motion for Extension an of Time to Respond to Defendants' Motion to Dismiss Plaintiffs' Consolidated Amended Complaint. Plaintiffs shall have until and including 1/27/22 to file their response to Defendants' Motion to Dismiss. Signed by Chief Judge Mark R. Hornak on 1/6/22. (jad)
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Filing 97
Unopposed MOTION for Extension of Time to File Response/Reply as to #95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #88 Amended Complaint, by 2 TOMATO, INC., BERG DENTAL OFFICES PC, RICHARD A. COVATTO, FIFTY FIRST STREET LLC, RICHARD GOTTLIEB, BETTY JO HIRSCHFIELD-LOUIK, TERI WALBORN. (Attachments: #1 Proposed Order) (Iverson, Kelly)
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Filing 96
BRIEF in Support re #95 Motion to Dismiss for Failure to State a Claim filed by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY. (Attachments: #1 Exhibit, #2 Exhibit) (Gill, Trisha)
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Filing 95
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #88 Amended Complaint, by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY. (Attachments: #1 Proposed Order) (Gill, Trisha)
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Filing 94
ORDER GRANTING #93 Motion to Extend Time. It is hereby ORDERED that said Motion is GRANTED and the response to the Complaint is now due on 12/23/21. Signed by Chief Judge Mark R. Hornak on 11/20/21. 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 93
Consent MOTION to Extend Time to Respond to Consolidated Complaint by THE CINCINNATI CASUALTY COMPANY. (Attachments: #1 Exhibit A, #2 Proposed Order) (Gill, Trisha)
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Filing 92
ORDER GRANTING #91 Motion for Extension of Time to File Response. It is hereby ORDERED that said Motion is GRANTED and the response to the Complaint is now due on November 23, 2021. Signed by Chief Judge Mark R. Hornak on 11/2/21. 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 91
MOTION for Extension of Time to File Response/Reply as to #88 Amended Complaint, by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Proposed Order) (Gill, Trisha)
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Update Answer Deadline: Answer due from All Defendants 11/23/21. 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 90
NOTICE of Change of Law Firm Name by 2 TOMATO, INC., BERG DENTAL OFFICES PC, RICHARD A. COVATTO, FIFTY FIRST STREET LLC, RICHARD GOTTLIEB, BETTY JO HIRSCHFIELD-LOUIK, TERI WALBORN (Iverson, Kelly)
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Filing 89
EXHIBITS in Support of #88 Amended Complaint, by 2 TOMATO, INC., BERG DENTAL OFFICES PC, RICHARD A. COVATTO, FIFTY FIRST STREET LLC, RICHARD GOTTLIEB, BETTY JO HIRSCHFIELD-LOUIK, TERI WALBORN. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G - Part 1 of 2, #7 Exhibit G - Part 2 of 2, #8 Exhibit H) (Iverson, Kelly)
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Filing 88
AMENDED COMPLAINT CONSOLIDATED against THE CINCINNATI INSURANCE COMPANY, THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, filed by FIFTY FIRST STREET LLC, BERG DENTAL OFFICES PC, RICHARD A. COVATTO, RICHARD GOTTLIEB, BETTY JO HIRSCHFIELD-LOUIK, TERI WALBORN, 2 TOMATO, INC. (Iverson, Kelly) Modified text on 10/8/2021 to add names of Defendants. (lar)
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Filing 87
ORDER GRANTING #86 Consent Motion to Extend Time. The Consent Motion to Extend Time to File Consolidated Amended Complaint (ECF No. #86 ) is granted on the following terms. The Plaintiffs shall file any Consolidated Amended Complaint on or before October 7, 2021. The Defendants shall file their Answer or any Rule 12 Motion within thirty (30) days of the filing of the Consolidated Amended Complaint. Upon the filing of such Consolidated Amended Complaint, all pending Motions to Dismiss in these cases shall be dismissed without prejudice. These actions will be stayed and administratively closed on the docket without prejudice and will be reopened upon the filing of the Consolidated Amended Complaint. Signed by Chief Judge Mark R. Hornak on 9/27/21. 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 86
Consent MOTION to Extend Time to File Consolidated Amended Complaint by 2 TOMATO, INC., BERG DENTAL OFFICES PC, RICHARD A. COVATTO, FIFTY FIRST STREET LLC, RICHARD GOTTLIEB, BETTY JO HIRSCHFIELD-LOUIK, TERI WALBORN. (Iverson, Kelly)
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Filing 85
ORDER Further Consolidating Certain Civil Actions for Certain Proceedings, and Directing Filing of Certain Papers. The Court, having reviewed Plaintiffs' Notice (ECF No. #84 ) in Response to the Court's August 6, 2021 Order (ECF No. #81 ), concludes that there are sufficiently common questions of law counseling further consolidation of related cases and finds that the same will further the sound administration of justice and that no identifiable prejudice to any party will result. Accordingly, the Court's Order at ECF No. 36 is modified such that the following civil actions are consolidated for pretrial purposes at docket number 20-cv-186 with those cases already consolidated per ECF No. 36, pending further Order of this Court: 20-cv-1727, 21-cv-386, and 21-cv-604. All further papers shall be filed only at 20-cv-816 and captioned with that docket number. The caption of each such filed paper shall prominently also list the docket number of the original action, and shall be noted in the caption, as follows: (relating to WWWWW v. XXXXX, YY-cv-ZZZZ). This consolidation Order may be modified, amended, or vacated for cause shown by any party or the Court on its own motion. The Plaintiffs' noticed consolidated amended complaint as to this consolidated action shall be filed on or before September 28, 2021; all pending motions to dismiss at any of these consolidated actions are dismissed without prejudice to reassertion or assertion as modified. Signed by Chief Judge Mark R. Hornak on 8/25/21. 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 84
NOTICE in Response to the Court's August 6, 2021 Order by 2 TOMATO, INC., BERG DENTAL OFFICES PC, RICHARD A. COVATTO, RICHARD GOTTLIEB, BETTY JO HIRSCHFIELD-LOUIK re #81 Order (Iverson, Kelly)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #82 Motion to Extend Time. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised that IN THE FUTURE to file a proposed order by attaching it to the main document. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (lar)
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Filing 83
ORDER GRANTING #82 Motion to Extend Time to Respond to Complaint. Defendants are hereby granted an additional thirty (30) days, or on or before 9/10/21, to respond to the Plaintiff's Complaint. Signed by Chief Judge Mark R. Hornak on 8/10/21. 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 82
Consent MOTION to Extend Time to 9-10-2021 by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Gill, Trisha)
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Filing 81
ORDER. The Court, in its role as the judge appointed to oversee Multidistrict Litigation ("MDL") Number 2969, In re: Erie COVID-19 Business Interruption Protection Insurance Litigation (see miscellaneous docket number 1:21-mc-0001), issued the attached Order, labeled "Exhibit A." The Order outlines next procedural steps in the MDL (namely, permitting plaintiffs in that proceeding an opportunity to file a Consolidated Amended Complaint). The Court believes the same procedural next steps should apply in this consolidated action (consolidated at 20-cv-00816). Accordingly, the Court ORDERS that within 14 days of the issuance of this Order, counsel of record for Plaintiffs in this consolidated action shall confer and file a joint notice indicating if they would like to proceed in the same fashion set forth in Exhibit A. Fourteen days after the filing of said Notice, counsel of record for Defendants may confer and file objections, if any, to Plaintiffs' Notice. Signed by Chief Judge Mark R. Hornak on 8/6/21. (Attachments: #1 Exhibit A) (bdb)
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Filing 80
STATUS REPORT in Response to the Court's April 30, 2021 Order by 2 TOMATO, INC., BERG DENTAL OFFICES PC, RICHARD A. COVATTO, RICHARD GOTTLIEB, BETTY JO HIRSCHFIELD-LOUIK. (Iverson, Kelly)
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Filing 79
STATUS REPORT FOR DEFENDANTS by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Gill, Trisha)
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Filing 78
ORDER. In light of the following recent events including but not limited to Judge Ward's decision in Ungarean v. CNA, No. GD-20-006544 (Pa. Com. Pl. Mar. 22, 2021); Judge Gibson's decision in Windber Hosp. v. Travelers Prop. Cas. Co. of Am., No. 20-80, 2021 WL 1061849, at * 1 (W.D. Pa. Mar. 18, 2021); Judge Stickman's decision in 1 S.A.N.T., Inc. v. Berkshire Hathaway, Inc., --- F. Supp. 3d ---, No. 20-862, 2021 WL 147139, at * 1 (W.D. Pa. Jan. 15, 2021), appeal docketed, No. 21-1109 (3d Cir. Jan. 21, 2021); the latest Third Circuit consolidated appeal of COVID-19 business interruption loss insurance cases, see Order, Wilson v. USI Ins. Servs. LLC, No. 20-3124 (3d Cir. Apr. 6, 2021), ECF No. 43; as well as the recent certification of a state law question to the Supreme Court of Ohio dealing with the same defendant and addressing similar issue(s) present in this consolidated action, see Neuro-Commc'n Servs. Inc. v. Cincinnati Ins. Co., No. 2021-0130 (Ohio Apr. 14, 2021), the Court hereby ORDERS that on or before May 14, 2021, counsel shall confer and file a joint status report, or two separate status reports one representing Plaintiffs' position and one representing Defendants' position if counsel are unable to reach agreement, proposing procedural or other next steps this Court should take to ensure just and efficient disposition of the cases in this consolidated action. Finally, the Court would note that it strongly prefers a single joint such report, even if differences of position as to certain discrete matters are noted therein. Signed by Chief Judge Mark R. Hornak on 4/30/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
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Filing 77
NOTICE relating to Covatto #20-1238 FOURTH NOTICE OF SUPPLEMENTAL AUTHORITIES by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY re #49 Errata, (Attachments: #1 Exhibit, #2 Certificate of Service) (Silverman, Lawrence)
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Filing 76
NOTICE relating to 2 Tomato, Inc., #20-1245 FOURTH NOTICE OF SUPPLEMENTAL AUTHORITIES IN SUPPORT OF CINCINNATI MOTION TO DISMISS by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY re #45 Brief in Support of Motion, #44 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit, #2 Certificate of Service) (Silverman, Lawrence)
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Filing 75
SIXTH NOTICE OF SUPPLEMENTAL AUTHORITIES IN SUPPORT OF CINCINNATI MOTION TO DISMISS by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY re #24 Reply to Response to Motion, #18 Motion to Dismiss for Failure to State a Claim, #19 Brief in Support of Motion (Attachments: #1 Exhibit, #2 Certificate of Service) (Silverman, Lawrence)
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Filing 74
NOTICE (relating to Covatto 20-1238) THIRD NOTICE OF SUPPLEMENTAL AUTHORITIES by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY re #49 Errata, #50 Response in Opposition, (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Silverman, Lawrence)
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Filing 73
NOTICE (relating to 2 Tomato 20-1245) THIRD NOTICE OF SUPPLEMENTAL AUTHORITIES by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY re #48 Response in Opposition, #45 Brief in Support of Motion, #44 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Silverman, Lawrence)
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Filing 72
FIFTH NOTICE OF SUPPLEMENTAL AUTHORITIES IN SUPPORT OF CINCINNATI MOTION TO DISMISS by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY re #22 Response in Opposition, #24 Reply to Response to Motion, #18 Motion to Dismiss for Failure to State a Claim, #19 Brief in Support of Motion (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Silverman, Lawrence) Modified on 3/5/2021 (jjg).
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Filing 71
***DUPLICATE ENTRY - SEE DOCUMENT #69 *** NOTICE of Appearance by Lawrence Silverman on behalf of THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Silverman, Lawrence) Modified on 2/5/2021 (jjg).
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Filing 70
***DUPLICATE ENTRY - SEE DOCUMENT #69 *** NOTICE of Appearance by Lawrence Silverman on behalf of THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Silverman, Lawrence) Modified on 2/5/2021 (jjg).
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Filing 69
NOTICE of Appearance by Lawrence Silverman on behalf of THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Silverman, Lawrence)
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Filing 68
NOTICE -Second Notice of Supplemental Authorities in Support of Motion to Dismiss relating to Gottlieb by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Gill, Trisha)
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Filing 67
NOTICE -Second Notice of Supplemental Authorities in Support of Motion to Dismiss Relating to Berg by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Gill, Trisha)
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Filing 66
NOTICE FOURTH NOTICE OF SUPPLEMENTAL AUTHORITIES IN SUPPORT OF CINCINNATI MOTION TO DISMISS by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY re #15 Brief in Support - Other, #18 Motion to Dismiss for Failure to State a Claim, #19 Brief in Support of Motion (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Gill, Trisha)
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Filing 65
NOTICE SECOND NOTICE OF SUPPLEMENTAL AUTHORITIES relating to Covatto #20-1238 by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY re #49 Errata, #47 Brief in Support of Motion (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Gill, Trisha)
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Filing 64
NOTICE SECOND NOTICE OF SUPPLEMENTAL AUTHORITIES relating to 2 Tomato, Inc., #20-1245 by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY re #46 Motion to Dismiss for Failure to State a Claim, #47 Brief in Support of Motion, #45 Brief in Support of Motion, #25 Notice, #44 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Gill, Trisha)
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Filing 63
NOTICE re: Notice of Supplemental Authority (relating to: Betty Jo Hirschfeld-Louik DMD, No. 2:20cv816; Richard A. Covatto, DMD, No. 2:20cv1238; 2 Tomato, Inc., No. 2:20cv1245; Berg Dental Offices, PC, No. 2:20cv1261; and Dr. Richard Gottlieb, No. 2:20cv1266) by 2 TOMATO, INC., BERG DENTAL OFFICES PC, RICHARD A. COVATTO, RICHARD GOTTLIEB, BETTY JO HIRSCHFIELD-LOUIK re #48 Response in Opposition, #50 Response in Opposition, #42 Response in Opposition, #43 Response in Opposition, #22 Response in Opposition (Attachments: #1 Exhibit A - Elegant Massage, LLC v. State Farm Mutual Automobile Insurance Company) (Lynch, Gary)
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Filing 62
NOTICE of Supplemental Authorities in Support of Motion to Dismiss relating to Gottlieb by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY re #40 Motion to Dismiss Case as Frivolous, #41 Brief in Support of Motion, (Attachments: #1 Exhibit A, #2 Exhibit B) (Gill, Trisha)
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Filing 61
NOTICE of Supplemental Authorities in Support of Motion to Dismiss relating to Berg by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY re #37 Motion to Dismiss Case as Frivolous, #38 Brief in Support of Motion, (Attachments: #1 Exhibit A, #2 Exhibit B) (Gill, Trisha)
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Filing 60
NOTICE re: Notice of Supplemental Authority (relating to Dr. Richard Gottlieb,, No. 2:20cv1266) by RICHARD GOTTLIEB re #43 Response in Opposition, (Attachments: #1 Exhibit A - JGB Vegas v. Starr Surplus Lines Ins. Co., #2 Exhibit B - Perry Street Brewing Company LLC v. Mutual of Enumclaw Ins. Co.) (Lynch, Gary)
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Filing 59
NOTICE re: Notice of Supplemental Authority (relating to Berg Dental Offices, PC, No. 2:20cv1261) by BERG DENTAL OFFICES PC re #42 Response in Opposition, (Attachments: #1 Exhibit A - JGB Vegas v. Starr Surplus Lines Ins. Co., #2 Exhibit B - Perry Street Brewing Company LLC v. Mutual of Enumclaw Ins. Co.) (Lynch, Gary)
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Filing 58
NOTICE re: Notice of Supplemental Authority (relating to Richard A. Covatto, DMD, No. 2:20cv1238) by RICHARD A. COVATTO re #50 Response in Opposition, (Attachments: #1 Exhibit A - Dino Palmieri Salons, Inc. v. State Auto. Mut. Insr. Co., #2 Exhibit B - JGB Vegas v. Starr Surplus Lines Ins. Co., #3 Exhibit C - Perry Street Brewing Company LLC v. Mutual of Enumclaw Ins. Co.) (Lynch, Gary)
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Filing 57
NOTICE re: Notice of Supplemental Authority (relating to 2 Tomato, Inc., No. 2:20cv1245) by 2 TOMATO, INC. re #48 Response in Opposition, (Attachments: #1 Exhibit A - Dino Palmieri Salons, Inc. v. State Auto. Mut. Insr. Co., #2 Exhibit B - JGB Vegas v. Starr Surplus Lines Ins. Co., #3 Exhibit C - Perry Street Brewing Company LLC v. Mutual of Enumclaw Ins. Co.) (Lynch, Gary)
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Filing 56
NOTICE re: Third Notice of Supplemental Authority (relating to Betty Jo Hirschfeld-Louik DMD, No. 2:20cv816) by BETTY JO HIRSCHFIELD-LOUIK re #22 Response in Opposition (Attachments: #1 Exhibit A - Best Rest Motel Inc. v. Sequoia Ins. Co, #2 Exhibit B - Chapparells Inc. v. Cincinnati Ins. Co., #3 Exhibit C - Dino Palmieri Salons, Inc. v. State Auto. Mut. Insr. Co., #4 Exhibit D - Hill and Stout PLLC v. Mut. of Enumclaw Ins. Co, #5 Exhibit E - JGB Vegas v. Starr Surplus Lines Ins. Co., #6 Exhibit F - Johnston Jewelers, Inc. v. Jewelers Mut. Ins. Co. SI, #7 Exhibit G - Lombardis, Inc. v. Indem. Ins. Co. of N. Am., #8 Exhibit H - Perry Street Brewing Company LLC v. Mutual of Enumclaw Ins. Co., #9 Exhibit I - Cajun Conti LLC v. Certain Underwriters at Lloyds London) (Lynch, Gary)
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Filing 55
REPLY BRIEF re #41 Brief in Support of Motion, #40 Motion to Dismiss Case as Frivolous relating to Gottlieb 2:20-CV-1266 filed by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Gill, Trisha)
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Filing 54
REPLY BRIEF re #38 Brief in Support of Motion, #37 Motion to Dismiss Case as Frivolous relating to Berg 2:20-CV-1261 filed by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Gill, Trisha)
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Filing 53
NOTICE THIRD NOTICE OF SUPPLEMENTAL AUTHORITIES IN SUPPORT OF CINCINNATI MOTION TO DISMISS by THE CINCINNATI INSURANCE COMPANY re #15 Brief in Support - Other, #24 Reply to Response to Motion, #18 Motion to Dismiss for Failure to State a Claim, #19 Brief in Support of Motion (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Gill, Trisha)
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Filing 52
NOTICE of Supplemental Authorities in Support of Motion to Dismiss relating to Covatto by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY re #49 Errata to #46 Motion to Dismiss, (Attachments: #1 Exhibit A) (Gill, Trisha) Modified on 12/8/2020 (ma).
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Filing 51
NOTICE of Supplemental Authorities in Support relating to 2 Tomato by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY re #44 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit A) (Gill, Trisha)
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Filing 50
RESPONSE IN OPPOSITION (relating to Richard A. Covatto, DMD, No. 2:20cv1238) to #49 Errata, #47 Brief in Support of Motion, filed by RICHARD A. COVATTO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Lynch, Gary)
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Filing 49
Errata re #46 Motion to Dismiss for Failure to State a Claim referring to Case No. 20-1238 by THE CINCINNATI INSURANCE COMPANY. Reason for Correction: had the wrong caption on the Motion to Dismiss and Certificate of Service. (Gill, Trisha)
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Filing 48
RESPONSE IN OPPOSITION (relating to 2 Tomato, Inc., No. 2:20cv1245) to #45 Brief in Support of Motion, #44 Motion to Dismiss for Failure to State a Claim, filed by 2 TOMATO, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Lynch, Gary)
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Filing 47
BRIEF in Support re #46 Motion to Dismiss for Failure to State a Claim filed by THE CINCINNATI INSURANCE COMPANY. (Gill, Trisha)
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Filing 46
ERROR; WRONG CAPTION; SEE #49 ERRATA; THE MAIN DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Gill, Trisha) Modified to add link to the errata at #49 on 12/8/2020 (ma). Modified on 12/14/2020 (cel). Modified on 12/14/2020 (cel).
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Filing 45
BRIEF in Support re #44 Motion to Dismiss for Failure to State a Claim filed by THE CINCINNATI INSURANCE COMPANY. (Gill, Trisha)
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Filing 44
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Gill, Trisha)
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Filing 43
RESPONSE IN OPPOSITION to #41 Brief in Support of Motion, #40 Motion to Dismiss Case as Frivolous, filed by RICHARD GOTTLIEB. (Attachments: #1 Exhibit A-North State Deli, #2 Exhibit B-Ridley Park, #3 Exhibit C-Francois Inc, #4 Exhibit D-SFII, #5 Exhibit E-Lombardis, #6 Exhibit F-Optical Services, #7 Exhibit G-Best Rest Motel, #8 Exhibit H-Hill and Stout, #9 Exhibit I-Somco, #10 Exhibit J-Dino Palmeri) (Lynch, Gary)
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Filing 42
RESPONSE IN OPPOSITION to #39 Proposed Order, #38 Brief in Support of Motion, #37 Motion to Dismiss Case as Frivolous, filed by BERG DENTAL OFFICES PC. (Attachments: #1 Exhibit A-North State Deli, #2 Exhibit B-Ridley Park, #3 Exhibit C-Francois Inc, #4 Exhibit D-SFII, #5 Exhibit E-Lombardis, #6 Exhibit F-Optical Services, #7 Exhibit G-Best Rest Motel, #8 Exhibit H-Hill and Stout, #9 Exhibit I-Somco, #10 Exhibit J-Dino Palmeri) (Lynch, Gary)
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Filing 41
BRIEF in Support re #40 Motion to Dismiss Case as Frivolous relating to Gottlieb 2:20-CV-1266 filed by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Exhibit Table of Contents of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Gill, Trisha)
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Filing 40
MOTION to Dismiss Case as Frivolous relating to Gottlieb 2:20-CV-1266 by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Proposed Order) (Gill, Trisha)
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Filing 39
Proposed Order re #37 Motion to Dismiss Case as Frivolous relating to Berg 2:20-CV-1261 by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Gill, Trisha)
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Filing 38
BRIEF in Support re #37 Motion to Dismiss Case as Frivolous relating to Berg 2:20-CV-1261 filed by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Exhibit Table of Contents of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Gill, Trisha)
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Filing 37
MOTION to Dismiss Case as Frivolous relating to Berg 2:20-CV-1261 by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Gill, Trisha)
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Filing 36
Order Consolidating Certain Civil Actions for Certain Proceedings, and Directing Filing of Certain Papers. The Court having conferred with counsel and examined the papers of record, and concluding that there are sufficiently common questions of law counseling consolidation, and finding that the same will further the sound administration of justice and that no identifiable prejudice to any party will result, the following civil actions are consolidated at docket number 20-cv-816 for pretrial purposes, pending further Order of this Court: 20-cv-816, 20-cv-1238, 20-cv-1245, 20-cv-1261, and 20-cv-1266. All motions previously filed at the individual docket numbers shall be refiled by the moving party at 20-cv-816, but the date of filing for purposes of Fed. R. Civ. P. 12 and the timing of any responses shall be treated as being the date of filing on the original docket. All further papers shall be filed only at 20-cv-816, and captioned with that docket number. The caption of each such filed paper shall prominently also list the docket number of the original action, and shall be noted in the caption, as follows: (relating to XXXXX v. YYYYY, 20-cv-ZZZZ). This Order may be modified, amended, or vacated for cause shown by any party or the Court on its own motion. Signed by Chief Judge Mark R. Hornak on 11/23/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
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Filing 35
ORDER GRANTING #31 Motion for Daniel G. Litchfield to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 11/20/20. 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 34
Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 11/19/20. (Court Reporter: Barbara Leo) (jad)
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Filing 33
ORDER GRANTING #32 Motion for Michael K. Farrell to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 11/19/20. (jad)
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Filing 32
MOTION for attorney Michael K. Farrell to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6095912) by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Exhibit A) (Gill, Trisha)
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Filing 31
MOTION for attorney Daniel G. Litchfield to Appear Pro Hac Vice, (Filing fee $70, Receipt # BPAWDC-6094810) by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Exhibit A) (Gill, Trisha)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #31 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (bgs)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #32 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (bgs)
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Filing 30
SCHEDULING ORDER. A joint Telephone Status Conference is hereby scheduled for Thursday, November 19, 2020, at 1:30 PM EST before Chief Judge Mark R. Hornak in the following cases on the Court's docket that have been marked as related and filed as class actions pertaining to COVID-19 business interruption insurance litigation. The cases are listed in the order in which they appear on the Court's docket: Hirschfield-Louick, DMD v. Cincinnati Ins. Co. et al. (20-816); Covatto v. Cincinnati Ins. Co. et al. (20-1238); 2 Tomato Inc. v. Cincinnati Ins. Co. et al. (20-1245); Sidelines Beerhouse LLC v. Erie Ins. Exchange (20-1246); Zunino, DMD, LLC v. Sentinel Ins. Co. (20-1260); Berg Dental Offices PC v. Cincinnati Ins. Co. (20-1261); Gottlieb v. Cincinnati Ins. Co. (20-1266); Taiclet v. Transportation Ins. Co. (20-1552). The Court is aware of the varying procedural postures of each case. Among the topics to be discussed at the upcoming joint Telephone Status Conference include the following, without limitation on any matters counsel wants to raise: (1) Consolidation of one or more actions on the Court's docket with dockets of other members of the Court for limited or more general purposes (e.g., disposition of motions to dismiss, any anticipated discovery, etc.); (2) Basis for relatedness where there are different defendants; (3) Any perspectives of counsel of the relationship of any and all of these cases with other cases pending in other Districts. The information required to participate will be circulated via e-mail. Signed by Chief Judge Mark R. Hornak on 11/13/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
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Filing 29
NOTICE re: Second Notice of Supplemental Authority by BETTY JO HIRSCHFIELD-LOUIK re #22 Response in Opposition (Attachments: #1 Exhibit A - Taps & Bourbon on Terrace, LLC v. Underwriters at Lloyds London, et al) (Lynch, Gary)
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Filing 28
NOTICE -Second Notice of Supplemental Authorities in Support of Motion to Dismiss by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Gill, Trisha)
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Filing 27
NOTICE of Supplemental Authority by BETTY JO HIRSCHFIELD-LOUIK re #22 Response in Opposition (Attachments: #1 Exhibit A - Blue Springs Dental Care v. Owners Ins. Co., #2 Exhibit B - Francois Inc. v. Cincinnati Ins. Co., #3 Exhibit C - K.C. Hopps v. Cincinnati Ins. Co., #4 Exhibit D - Optical Servs. USA/JCI v. Franklin Mut. Ins. Co., #5 Exhibit E - Urogynecology Specialist of Fla. LLC v. Sentinel Ins. Co., Ltd, #6 Exhibit F - Ridley Park Fitness, LLC v. Philadelphia Indemnity Ins. Co., #7 Exhibit G - North State Deli, LLC, et al v. The Cincinnati Ins. Co., et al) (Lynch, Gary)
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Filing 26
ORDER Denying Transfer Signed by Judge Karen K. Caldwell, Chair of the Panel on Multidistrict Litigation on 10/02/20. (cel)
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Filing 25
NOTICE of Supplemental Authorities in Support of Motion to Dismiss and its Reply to Plaintiff's Response to Motion to Dismiss by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY re #15 Brief in Support - Other, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Gill, Trisha)
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Filing 24
REPLY to Response to Motion re #22 RESPONSE IN OPPOSITION to #18 Motion to Dismiss for Failure to State a Claim, filed by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Exhibit A) (Gill, Trisha) Modified on 1/7/2021 to update document linkage (nll).
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Filing 23
STATUS REPORT Regarding JPML Proceedings by BETTY JO HIRSCHFIELD-LOUIK. (Attachments: #1 Exhibit A) (Lynch, Gary)
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Filing 22
RESPONSE IN OPPOSITION to #18 Motion to Dismiss for Failure to State a Claim filed by BETTY JO HIRSCHFIELD-LOUIK. (Lynch, Gary)
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Filing 21
ORDER GRANTING #20 Joint Motion for Extension of Time to File Response/Reply. Plaintiff shall file a response in opposition to Defendants' motion to dismiss on or before September 14, 2020. Defendants shall file a reply to Plaintiff's response to Defendants' motion to dismiss no later than fourteen (14) days after the filing of Plaintiffs response. Signed by Chief Judge Mark R. Hornak on 9/3/20. 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 20
Joint MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFF'S AMENDED COMPLAINT by BETTY JO HIRSCHFIELD-LOUIK. (Attachments: #1 Proposed Order) (Lynch, Gary)
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Filing 19
BRIEF in Support re #18 Motion to Dismiss for Failure to State a Claim, PLAINTIFF'S AMENDED COMPLAINT filed by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Gill, Trisha)
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Filing 18
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFF'S AMENDED COMPLAINT by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Exhibit Table of Contents, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Proposed Order) (Gill, Trisha)
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Filing 17
ORDER DISMISSING #14 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Mark R. Hornak on 8/10/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
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Filing 16
First AMENDED COMPLAINT against THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY answer due 8/21/2020; THE CINCINNATI INDEMNITY COMPANY answer due 8/21/2020; THE CINCINNATI INSURANCE COMPANY answer due 8/21/2020, filed by BETTY JO HIRSCHFIELD-LOUIK. (Attachments: #1 Exhibit A, #2 Exhibit B) (Lynch, Gary)
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Filing 15
BRIEF in Support of #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Complaint) filed by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Exhibit Table of Contents of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Gill, Trisha)
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Filing 14
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Complaint) by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Proposed Order) (Gill, Trisha)
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Filing 13
NOTICE of Appearance by Kelly K. Iverson on behalf of BETTY JO HIRSCHFIELD-LOUIK. (Iverson, Kelly)
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Filing 12
ORDER APPROVING #11 Stipulation for Enlargement of Time. Defendants' Answer or Motion is due on or before 7/24/20. Signed by Chief Judge Mark R. Hornak on 6/26/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
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Filing 11
Stipulation for Extension of Time to Answer by THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY, THE CINCINNATI CASUALTY COMPANY Answer due from THE CINCINNATI INDEMNITY COMPANY on 7/24/2020; THE CINCINNATI INSURANCE COMPANY on 7/24/2020; THE CINCINNATI CASUALTY COMPANY on 7/24/2020. (Gill, Trisha)
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Filing 10
NOTICE of Appearance by Trisha A. Gill on behalf of THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Gill, Trisha)
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Filing 9
SUMMONS/Return of Service Returned Executed by BETTY JO HIRSCHFIELD-LOUIK. THE CINCINNATI INSURANCE COMPANY served on 6/4/2020, answer due 6/25/2020. (Lynch, Gary)
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Filing 8
SUMMONS/Return of Service Returned Executed by BETTY JO HIRSCHFIELD-LOUIK. THE CINCINNATI INDEMNITY COMPANY served on 6/4/2020, answer due 6/25/2020. (Lynch, Gary)
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Filing 7
SUMMONS/Return of Service Returned Executed by BETTY JO HIRSCHFIELD-LOUIK. THE CINCINNATI CASUALTY COMPANY served on 6/4/2020, answer due 6/25/2020. (Lynch, Gary)
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Filing 6
NOTICE of Appearance by Howard M. Louik on behalf of BETTY JO HIRSCHFIELD-LOUIK. (Louik, Howard)
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Filing 5
AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jad)
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Filing 4
STANDING ORDER ON CIVIL MOTION PRACTICE. Signed by Chief Judge Mark R. Hornak on 6/4/20. (jad)
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Filing 3
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jad)
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Filing 2
Summons Issued as to THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY (Attachments: #1 Summons, #2 Summons) (jd)
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Filing 1
COMPLAINT against THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY (Filing fee, including Administrative fee, $400, receipt number APAWDC-5657829), filed by BETTY JO HIRSCHFIELD-LOUIK. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B) (jd)
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