2 TOMATO, INC. v. THE CINCINNATI INSURANCE COMPANY et al
| TOMATO INC. on behalf of itself and all others similarly situated doing business as II TOMATO and 2 TOMATO, INC. on behalf of itself and all others similarly situated doing business as II TOMATO |
| THE CINCINNATI INSURANCE COMPANY, THE CINCINNATI INDEMNITY COMPANY and THE CINCINNATI CASUALTY COMPANY |
| 2:2020cv01245 |
| August 21, 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 20
REPLY BRIEF re #15 Response in Opposition, 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) (Gill, Trisha)
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Filing 19
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 18
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 17
ORDER APPROVING #16 Stipulation. The deadline for Defendants to file their Reply to #11 Motion to Dismiss is hereby EXTENDED to November 27, 2020. Signed by Chief Judge Mark R. Hornak on 11/17/20. 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 16
STIPULATION For Enlargement of Time by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Gill, Trisha)
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Filing 15
RESPONSE IN OPPOSITION to #11 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 14
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 13
NOTICE of Supplemental Authorities in Support of Motion to Dismiss and their Reply to Plaintiff's Response to 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) (Gill, Trisha)
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Filing 12
BRIEF in Support re #11 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 Table of Contents, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Gill, Trisha) Modified on 11/15/2020 (ept).
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Filing 11
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Proposed Order) (Gill, Trisha)
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Filing 10
NOTICE of Appearance by Kelly K. Iverson on behalf of 2 TOMATO, INC.. (Iverson, Kelly)
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Filing 9
WAIVER OF SERVICE Returned Executed by 2 TOMATO, INC.. THE CINCINNATI INSURANCE COMPANY waiver sent on 9/1/2020, answr due 11/2/2020. (Lynch, Gary) Modified on 9/25/2020 (elt).
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Filing 8
WAIVER OF SERVICE Returned Executed by 2 TOMATO, INC. THE CINCINNATI INDEMNITY COMPANY waiver sent on 9/1/2020, answer due 11/2/2020. (Lynch, Gary) Modified on 9/25/2020 (elt).
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Filing 7
WAIVER OF SERVICE Returned Executed by 2 TOMATO, INC. THE CINCINNATI CASUALTY COMPANY waiver sent on 9/1/2020, answer due 11/2/2020. (Lynch, Gary) Modified on 9/25/2020 (elt).
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Filing 6
Disclosure Statement identifying None as corporate parent or other affiliate, by 2 TOMATO, INC. (Lynch, Gary) Modified on 9/25/2020 (elt).
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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 8/24/20. (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) (elt)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 8/28/2020. (elt)
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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-5850646), filed by TOMATO INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (elt)
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| Defendant: THE CINCINNATI INSURANCE COMPANY | |
| Represented By: | Trisha A. Gill |
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| Defendant: THE CINCINNATI INDEMNITY COMPANY | |
| Represented By: | Trisha A. Gill |
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| Defendant: THE CINCINNATI CASUALTY COMPANY | |
| Represented By: | Trisha A. Gill |
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| Plaintiff: TOMATO INC. on behalf of itself and all others similarly situated doing business as II TOMATO | |
| Represented By: | Gary F. Lynch |
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| Plaintiff: 2 TOMATO, INC. on behalf of itself and all others similarly situated doing business as II TOMATO | |
| Represented By: | Gary F. Lynch |
| Represented By: | Kelly K. Iverson |
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