FIFTY FIRST STREET LLC v. THE CINCINNATI INSURANCE COMPANY et al
| FIFTY FIRST STREET LLC on behalf of itself and all others similarly situated doing business as SPIRIT |
| THE CINCINNATI INSURANCE COMPANY, THE CINCINNATI INDEMNITY COMPANY and THE CINCINNATI CASUALTY COMPANY |
| 2:2021cv00386 |
| March 23, 2021 |
| 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 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, 20-cv- 1266, 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. Further, Plaintiffs' noticed consolidated amended complaint at 20-cv-816 (ECF No. 84 ) as to the consolidated action shall be filed on or before September 28, 2021; all pending motions to dismiss at any of the consolidated actions listed in this Order 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 18
RESPONSE IN OPPOSITION to #12 Motion to Dismiss for Failure to State a Claim,, filed by FIFTY FIRST STREET LLC. (Attachments: #1 Exhibit A-Macmiles v Erie, #2 Exhibit B-Francois v Cincinnati, #3 Exhibit C-Ridley Park v Philadelphia Indemnity, #4 Exhibit D-Schleicher v Starr Surplus) (Lynch, Gary)
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Filing 17
ORDER GRANTING #15 Motion for Extension of Time to File Response/Reply re #12 Motion to Dismiss. IT IS ORDERED that Plaintiff shall have an extension of thirty (30) days, or up to and including July 7, 2021, to file its Response to said motion. Signed by Chief Judge Mark R. Hornak on 6/7/21. 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 16
Disclosure Statement identifying None as corporate parent or other affiliate, by FIFTY FIRST STREET LLC. (Iverson, Kelly)
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Filing 15
Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FIFTY FIRST STREET LLC. (Attachments: #1 Proposed Order) (Iverson, Kelly)
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Filing 14
NOTICE of Appearance by Kelly K. Iverson on behalf of FIFTY FIRST STREET LLC. (Iverson, Kelly)
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Filing 13
BRIEF in Support re #12 Motion to Dismiss for Failure to State a Claim, with Table of Contents and Table of Authorities filed by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Silverman, Lawrence)
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Filing 12
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #1 Complaint by THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Attachments: #1 Certificate of Service, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order) (Silverman, Lawrence) Modified on 5/25/2021 to add linkage (lar).
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Filing 11
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 10
WAIVER OF SERVICE Returned Executed by FIFTY FIRST STREET LLC. THE CINCINNATI INSURANCE COMPANY waiver sent on 3/25/2021, answer due 5/24/2021. (Lynch, Gary)
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Filing 9
WAIVER OF SERVICE Returned Executed by FIFTY FIRST STREET LLC. THE CINCINNATI INDEMNITY COMPANY waiver sent on 3/25/2021, answer due 5/24/2021. (Lynch, Gary)
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Filing 8
WAIVER OF SERVICE Returned Executed by FIFTY FIRST STREET LLC. THE CINCINNATI CASUALTY COMPANY waiver sent on 3/25/2021, answer due 5/24/2021. (Lynch, Gary)
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Filing 7
NOTICE of Appearance by Christopher M. Moreland on behalf of THE CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY. (Moreland, Christopher)
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Filing 6
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 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 3/25/21. (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 Cincinnati Indemnity, #2 Summons Cincinnati Insurance) (lar)
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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, $402, receipt number APAWDC-6424448), filed by FIFTY FIRST STREET LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (lar)
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