BERG DENTAL OFFICES PC v. THE CINCINNATI INSURANCE COMPANY et al
Plaintiff: BERG DENTAL OFFICES PC
Defendant: THE CINCINNATI INSURANCE COMPANY, THE CINCINNATI INDEMNITY COMPANY and THE CINCINNATI CASUALTY COMPANY
Case Number: 2:2020cv01261
Filed: August 26, 2020
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Mark R Hornak
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 23, 2020 Opinion or Order Filing 20 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)
November 19, 2020 Opinion or Order Filing 19 Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 11/19/20. (Court Reporter: Barbara Leo) (jad)
November 18, 2020 Opinion or Order Filing 18 Proposed Order re #16 Motion to Dismiss for Failure to State a Claim by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Gill, Trisha)
November 16, 2020 Opinion or Order Filing 17 BRIEF in Support re #16 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 Table of Contents of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Gill, Trisha)
November 16, 2020 Opinion or Order Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Gill, Trisha)
November 13, 2020 Opinion or Order Filing 15 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)
November 6, 2020 Opinion or Order Filing 14 ORDER APPROVING #13 Stipulation for Extension of Time to Answer. Defendants' Answer to Plaintiff's Complaint is due on or before 11/16/20. Signed by Chief Judge Mark R. Hornak on 11/6/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad)
November 5, 2020 Opinion or Order Filing 13 Stipulation for Extension of Time to Answer by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INSURANCE COMPANY, THE CINCINNATI INDEMNITY COMPANY Answer due from THE CINCINNATI CASUALTY COMPANY on 11/16/2020; THE CINCINNATI INSURANCE COMPANY on 11/16/2020; THE CINCINNATI INDEMNITY COMPANY on 11/16/2020. (Gill, Trisha)
October 27, 2020 Opinion or Order Filing 12 NOTICE of Appearance by Christopher M. Moreland on behalf of THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Moreland, Christopher)
October 27, 2020 Opinion or Order Filing 11 NOTICE of Appearance by Trisha A. Gill on behalf of THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Gill, Trisha)
October 22, 2020 Opinion or Order Filing 10 Disclosure Statement identifying None as corporate parent or other affiliate, by BERG DENTAL OFFICES PC. (Iverson, Kelly)
October 21, 2020 Opinion or Order Filing 9 NOTICE of Appearance by Kelly K. Iverson on behalf of BERG DENTAL OFFICES PC. (Iverson, Kelly)
September 21, 2020 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed by BERG DENTAL OFFICES PC. THE CINCINNATI INSURANCE COMPANY waiver sent on 9/1/2020, answer due 11/2/2020. (Lynch, Gary)
September 21, 2020 Opinion or Order Filing 7 WAIVER OF SERVICE Returned Executed by BERG DENTAL OFFICES PC. THE CINCINNATI INDEMNITY COMPANY waiver sent on 9/1/2020, answer due 11/2/2020. (Lynch, Gary)
September 21, 2020 Opinion or Order Filing 6 WAIVER OF SERVICE Returned Executed by BERG DENTAL OFFICES PC. THE CINCINNATI CASUALTY COMPANY waiver sent on 9/1/2020, answer due 11/2/2020. (Lynch, Gary)
August 27, 2020 Opinion or Order 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)
August 27, 2020 Opinion or Order Filing 4 STANDING ORDER ON CIVIL MOTION PRACTICE. Signed by Chief Judge Mark R. Hornak on 8/27/20. (jad)
August 27, 2020 Opinion or Order 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)
August 26, 2020 Opinion or Order Filing 2 Summons Issued as to THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY (jmm)
August 26, 2020 Opinion or Order 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-5862194), filed by BERG DENTAL OFFICES PC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (jmm)

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Defendant: THE CINCINNATI INSURANCE COMPANY
Represented By: Christopher M. Moreland
Represented By: Trisha A. Gill
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Defendant: THE CINCINNATI INDEMNITY COMPANY
Represented By: Christopher M. Moreland
Represented By: Trisha A. Gill
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Defendant: THE CINCINNATI CASUALTY COMPANY
Represented By: Christopher M. Moreland
Represented By: Trisha A. Gill
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Plaintiff: BERG DENTAL OFFICES PC
Represented By: Gary F. Lynch
Represented By: Kelly K. Iverson
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