MARKEL INSURANCE COMPANY v. HOLY FAMILY INSTITUTE
| MARKEL INSURANCE COMPANY |
| HOLY FAMILY INSTITUTE |
| 2:2021cv00950 |
| July 21, 2021 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Christy Criswell Wiegand |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.
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| Filing 39 NOTICE of Appearance by Marc Penchansky on behalf of MARKEL INSURANCE COMPANY. (Penchansky, Marc) |
Filing 38
ORDER GRANTING #37 Joint Motion for Clarification. IT IS HEREBY ORDERED that Plaintiff's 7/31/2020 #6 Motion to Dismiss shall be deemed to satisfy the terms of the Court's 7/21/2021 36 Order and that Plaintiff is not required to file a new motion to dismiss and the parties are not required to submit further briefs with respect thereto. For clarity, the Court will rule on #6 the Motion to Dismiss based on the parties' arguments and authorities as set forth in the following filings which were originally filed in the Eastern District: (Plaintiff's filings: #12 Memo of Law in Opposition; #12 Supplemental Memo of Law in Opposition to Motion to Transfer and Motion to Dismiss) and (Defendant's filings: #6 Motion to Dismiss including [6-2] the Memo of Law in Support thereof; #14 Reply Brief in Support of Motion to Dismiss; #20 Plaintiff's Supplemental Brief in Support of Motion to Transfer and Motion to Dismiss; #21 Plaintiff's Notice of Supplemental Authority in Support of its Motion to Dismiss; and #29 Plaintiff's Second Notice of Supplemental Authority in support of its Motion to Dismiss). The parties are excused from complying with this Court's Practices and Procedures with respect to the documents the parties have already filed in this case. The parties will comply with the Court's Practices and Procedures, particularly with respect to length of briefs and motions with respect to all future filings. The Court's Practices and Procedure are available here: https://www.pawd.uscourts.gov/sites/pawd/files/Wiegand_Interim_Practices_Oct_2020.pdf. Oral argument will be scheduled by separate order, if necessary. Signed by Judge Christy Criswell Wiegand on 8/3/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 37 Joint MOTION for Clarification as to 36 Order, #6 , Joint MOTION for Oral Argument by HOLY FAMILY INSTITUTE. (Attachments: #1 Proposed Order, #2 Certificate of Conferral) (Tanglen, Lucas) Modified text on 7/30/2021. (cel) |
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Filing 36
ORDER: This case was transferred to the undersigned from the United States District Court for the Eastern District of Pennsylvania. Upon review of the docket, it appears that the operative complaint is #25 the Second Amended Complaint filed on 1/6/2021. IT IS HEREBY ORDERED that Defendant shall either answer, or move to dismiss, the Second Amended Complaint, on or before 8/6/2021. All motions and briefing must comply with the undersigned's Practices & Procedures, which are available here: https://www.pawd.uscourts.gov/sites/pawd/files/Wiegand_Interim_Practices_Oct_2020.pdf. Signed by Judge Christy Criswell Wiegand on 7/21/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 35 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. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jmm) |
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Filing 34
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 7/21/2021. (jmm)
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| Filing 33 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 shall make service of the notice on all parties. (jmm) |
| Filing 32 Case transferred in from District of Pennsylvania Eastern; Case Number 5:20-cv-02279. Original file certified copy of transfer order and docket sheet received. |
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Filing 31
ORDER OF 7/20/21 THAT AFTER REVIEWING THE PENDING MOTIONS, THE RESPONSES THERETO, AND HAVING HELD ORAL ARGUMENT IT IS HEREBY ORDERED THAT HOLY FAMILY INSTITUTE'S MOTION TO TRANSFER IS GRANTED AND THE CASE IS TRANSFERRED TO THE U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA. HOLY FAMILY INSTITUTE'S MOTION TO DISMISS IS PRESERVED FOR ADJUDICATION IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 7/20/21. 7/20/21 ENTERED AND COPIES E-MAILED (DT). SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 7/20/21. 7/20/21 ENTERED AND COPIES MAILED AND E-MAILED.(dt, )
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| Filing 30 MEMORANDUM AND/OR OPINION.. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 7/20/21. 7/20/21 ENTERED AND COPIES E-MAILED.(dt, ) |
| Filing 29 Second NOTICE by HOLY FAMILY INSTITUTE re #6 MOTION to Dismiss for Lack of Jurisdiction Subject Matter MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Supplemental Authority (Attachments: #1 Exhibit 1)(TANGLEN, LUCAS) Modified on 5/27/2021 (tjd). |
| Filing 28 NOTICE of Withdrawal of Appearance by MICHAEL E. DIFEBBO, JR on behalf of MARKEL INSURANCE COMPANY(DIFEBBO, MICHAEL) |
| Filing 27 Memorandum in support re #4 MOTION to Transfer (Oral Argument Requested) Second Supplemental filed by HOLY FAMILY INSTITUTE. (TANGLEN, LUCAS) |
| Filing 26 Second Supplemental Memorandum of Law in Opposition re #4 MOTION to Transfer (Oral Argument Requested) (Second Supplemental Memorandum of Law) filed by MARKEL INSURANCE COMPANY. (DIFEBBO, MICHAEL) Modified on 1/15/2021 (lisad, ). |
| Filing 25 AMENDED COMPLAINT (Second) against HOLY FAMILY INSTITUTE, filed by MARKEL INSURANCE COMPANY. (Attachments: #1 Exhibit Exhibits A through N to Second Amended Complaint, #2 Exhibit Exhibits O through T to Second Amended Complaint)(KOCH, EDWARD) |
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Filing 24
STIPULATION AND ORDER OF 1/4/21 REGARDING THE FILING OF A SECOND AMENDED COMPLAINT. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 1/4/21. 1/4/21 ENTERED AND COPIES E-MAILED. (DT)
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| Filing 23 STIPULATION Regarding the Filing of a Second Amended Complaint by MARKEL INSURANCE COMPANY. (DIFEBBO, MICHAEL) |
| Filing 22 Minute Entry for proceedings held before HONORABLE JEFFREY L. SCHMEHL Motion Hearing held on 12/8/20 re #4 MOTION to Transfer (Oral Argument Requested) filed by HOLY FAMILY INSTITUTE, #6 MOTION to Dismiss for Lack of Jurisdiction Subject Matter MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by HOLY FAMILY INSTITUTE. Court Reporter: Suzanne White. (dt, ) |
| Filing 21 NOTICE by HOLY FAMILY INSTITUTE re #6 MOTION to Dismiss for Lack of Jurisdiction Subject Matter MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Supplemental Authority (Attachments: #1 Exhibit 1)(TANGLEN, LUCAS) |
| Filing 20 Memorandum in support re #4 MOTION to Transfer (Oral Argument Requested), #6 MOTION to Dismiss for Lack of Jurisdiction Subject Matter MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Supplemental filed by HOLY FAMILY INSTITUTE. (REITER, THOMAS) |
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Filing 19
ORDER THAT ORAL ARGUMENT ON ALL PENDING MOTIONS SHALL BE HELD ON TUESDAY, DECEMBER 8, 2020, AT 2:00 P.M. VIA VIDEOCONFERENCE. THE COURT WILL DISSEMINATE A LINK TO THIS VIDEOCONFERENCE IN ADVANCE OF THIS DATE AND TIME. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 11/2/20. 11/2/20 ENTERED AND COPIES E-MAILED.(mas, )
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| Filing 18 RESPONSE in Opposition re #4 MOTION to Transfer (Oral Argument Requested), #6 MOTION to Dismiss for Lack of Jurisdiction Subject Matter MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Supplemental Brief) filed by MARKEL INSURANCE COMPANY. (KOCH, EDWARD) |
| Filing 17 AMENDED COMPLAINT against HOLY FAMILY INSTITUTE, filed by MARKEL INSURANCE COMPANY. (Attachments: #1 Exhibit Exhibits A through N to First Amended Complaint, #2 Exhibit Exhibits O through R to First Amended Complaint)(KOCH, EDWARD) |
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Filing 16
STIPULATION AND ORDER REGARDING THE FILING OF A FIRST AMENDED COMPLAINT. SIGNED BYJUDGE: JEFFREY L. SCHMEHL ON 10/14/20. 10/14/20 ENTERED AND COPIES E-MAILED.(DT)
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| Filing 15 (Stipulation Regarding the Filing of a First Amended Complaint) filed by MARKEL INSURANCE COMPANY..(DIFEBBO, MICHAEL)*FILED IN ERROR BY ATTORNEY; FORWARDED TO JUDGE FOR APPROVAL* Modified on 10/14/2020 (lisad, ). |
| Filing 14 REPLY to Response to Motion re #6 MOTION to Dismiss for Lack of Jurisdiction Subject Matter MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Reply Brief in Support filed by HOLY FAMILY INSTITUTE. (PAVLICK, MICHAEL) |
| Filing 13 REPLY to Response to Motion re #4 MOTION to Transfer (Oral Argument Requested) Reply Brief in Support filed by HOLY FAMILY INSTITUTE. (PAVLICK, MICHAEL) |
| Filing 12 RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction Subject Matter MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MARKEL INSURANCE COMPANY. (Attachments: #1 Brief, #2 Text of Proposed Order)(KOCH, EDWARD) |
| Filing 11 RESPONSE in Opposition re #4 MOTION to Transfer (Oral Argument Requested) filed by MARKEL INSURANCE COMPANY. (Attachments: #1 Brief, #2 Text of Proposed Order)(KOCH, EDWARD) |
| Filing 10 NOTICE of Appearance by THOMAS M. REITER on behalf of HOLY FAMILY INSTITUTE with Certificate of Service(REITER, THOMAS) |
| Filing 9 NOTICE of Appearance by LUCAS J. TANGLEN on behalf of HOLY FAMILY INSTITUTE with Certificate of Service(TANGLEN, LUCAS) |
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Filing 8
STIPULATION AND ORDER OF 8/24/20 THAT MARKEL SHALL FILE ITS OPPOSITION TO THE MOTIONS TO TRANSFER (DOC. NO. 4) AND MOTION TO DISMISS (DOC. 6) BY AUGUST 28, 2020. HFI SHALL FILE ITS REPLIES IN SUPPORT OF THE MOTIONS BY SEPTEMBER 11, 2020. ETC. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 8/24/20. 8/25/20 ENTERED AND COPIES E-MAILED. (DT)
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| Filing 7 Stipulation for Extension of Time to File Response/Reply as to #4 MOTION to Transfer (Oral Argument Requested), #6 MOTION to Dismiss for Lack of Jurisdiction Subject Matter MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MARKEL INSURANCE COMPANY..(DIFEBBO, MICHAEL) *FORWARDED TO JUDGE FOR APPROVAL* Modified on 8/14/2020 (lisad, ). |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction Subject Matter, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by HOLY FAMILY INSTITUTE.Memorandum and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support)(PAVLICK, MICHAEL) |
| Filing 5 Disclosure Statement Form pursuant to FRCP 7.1 by HOLY FAMILY INSTITUTE.(PAVLICK, MICHAEL) |
| Filing 4 MOTION to Transfer (Oral Argument Requested) filed by HOLY FAMILY INSTITUTE.Memorandum and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Exhibit Memorandum of Law in Support)(PAVLICK, MICHAEL) |
| Summons Issued as to HOLY FAMILY INSTITUTE. E-MAILED To: COUNSEL on 5/14/2020 (bw, ) |
| Filing 3 NOTICE of Appearance by MICHAEL E. DIFEBBO, JR on behalf of MARKEL INSURANCE COMPANY (DIFEBBO, MICHAEL) |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 including Parent Corporation by MARKEL INSURANCE COMPANY.(KOCH, EDWARD) |
| Filing 1 COMPLAINT against HOLY FAMILY INSTITUTE ( Filing fee $ 400 receipt number 0313-14291079.), filed by MARKEL INSURANCE COMPANY. (Attachments: #1 Exhibit Exhibits A through N to Complaint, #2 Civil Cover Sheet, #3 Designation Form, #4 Case Management Track Form)(KOCH, EDWARD) |
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