DEVIN DALESSIO TRUCKING, LLC v. PROGRESSIVE CORPORATION et al
| DEVIN DALESSIO TRUCKING, LLC and DEVIN D. DALESSIO |
| PROGRESSIVE CORPORATION and UNITED FINANCIAL CASUALTY COMPANY |
| 2:2022cv00378 |
| March 3, 2022 |
| US District Court for the Western District of Pennsylvania |
| Patricia L Dodge |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on April 10, 2023. A more recent docket listing may be available from PACER.
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Filing 41
ORDER granting #40 STIPULATION of Dismissal Joint by DEVIN D. DALESSIO, DEVIN DALESSIO TRUCKING, LLC. The Clerk of Court shall mark this case CLOSED. Signed by Magistrate Judge Patricia L. Dodge on 4/10/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
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Filing 40
STIPULATION of Dismissal Joint by DEVIN D. DALESSIO, DEVIN DALESSIO TRUCKING, LLC. (Jamiolkowski, Alexander)
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Filing 39
ORDER FOR ADMINISTRATIVE CLOSING: In light of #38 Notice of Settlement advising the Court that the case has been resolved, the Clerk of Court is to mark CASE CLOSED, pending the parties filing a stipulation of dismissal. Parties shall file a stipulation of dismissal or joint status report regarding settlement on or before April 17, 2023. IT IS FURTHER ORDERED that all hearings and deadlines in this case are cancelled. IT IS FURTHER ORDERED that the Court expressly retains jurisdiction in this matter to consider any issue arising during the period when settlement is being finalized, including, but not limited to, enforcing settlement. Signed by Magistrate Judge Patricia L. Dodge on 3/15/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (spc)
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Filing 38
REPORT of Mediation: Case has been resolved. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed #here or at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 2/9/2023. (Katz, Carole)
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Filing 37
ORDER granting re #36 Motion to Modify Case Management Order filed by DEVIN DALESSIO TRUCKING, LLC: Amended Pleadings due by 3/20/2023; Discovery due by 5/22/2023; Joinder of Parties due by 3/20/2023; post-discovery telephone status conference set for 4/27/2023 at 9:00 AM is canceled and will be rescheduled by further order of Court. Signed by Magistrate Judge Patricia L. Dodge on 2/15/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (spc)
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Filing 36
Joint MOTION to Modify #34 Case Management Order, by DEVIN DALESSIO TRUCKING, LLC. (Attachments: #1 Proposed Order) (Jamiolkowski, Alexander)
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Filing 35
ORDER Implementing Federal Rule of Evidence 502(d) Pursuant to LCvR 16.1.D. Signed by Magistrate Judge Patricia L. Dodge on 12/22/2022. (mqe)
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Filing 34
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 1/20/2023, Amended Pleadings due by 2/20/2023, Joinder of Parties due by 2/20/2023, and Discovery due by 4/21/2023. Telephonic Post-Discovery Status Conference set for 4/27/2023 at 09:00 AM before Magistrate Judge Patricia L. Dodge. Parties will be directed to refer to the AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES for instructions. Signed by Magistrate Judge Patricia L. Dodge on 12/22/2022. (mqe)
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Filing 33
Minute Entry for proceedings held before Magistrate Judge Patricia L. Dodge: Telephonic Initial Case Management Conference held on 12/22/2022. (Court Reporter: none) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (mqe)
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Filing 32
REPORT of Rule 26(f) Planning Meeting. (Dapper, Kathleen)
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Filing 31
STIPULATION selecting ADR process by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. (Dapper, Kathleen)
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Filing 30
INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Rule 26 Meeting to be conducted on or before 12/8/2022, Rule 26 Meeting Report due by 12/15/2022, and Stipulation Selecting ADR Process due by 12/15/2022. Telephonic Initial Case Management Conference set for 12/22/2022 at 10:30 AM before Magistrate Judge Patricia L. Dodge. Parties will be directed to refer to the AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES for instructions. Signed by Magistrate Judge Patricia L. Dodge on 11/22/2022. (mqe)
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Filing 28
ANSWER to #19 Amended Complaint by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. (Dapper, Kathleen)
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Filing 27
ORDER granting in part and denying in part #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by PROGRESSIVE CORPORATION, and UNITED FINANCIAL CASUALTY COMPANY. Signed by Magistrate Judge Patricia L. Dodge on 11/7/2022. (mqe)
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Filing 26
MEMORANDUM OPINION re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. Signed by Magistrate Judge Patricia L. Dodge on 11/7/2022. (mqe)
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Filing 25
REPLY BRIEF re #20 Motion to Dismiss for Failure to State a Claim filed by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. (Dapper, Kathleen)
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Filing 24
BRIEF in Opposition re #20 Motion to Dismiss for Failure to State a Claim filed by DEVIN DALESSIO TRUCKING, LLC. (Jamiolkowski, Alexander)
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Filing 23
RESPONSE IN OPPOSITION to #20 Motion to Dismiss for Failure to State a Claim, filed by DEVIN DALESSIO TRUCKING, LLC. (Jamiolkowski, Alexander)
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Filing 22
ORDER Response Schedule re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. Response to Motion due by 7/13/2022. Signed by Magistrate Judge Patricia L. Dodge on 6/22/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
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Filing 21
BRIEF in Support re #20 Motion to Dismiss for Failure to State a Claim filed by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. (Dapper, Kathleen)
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Filing 20
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. (Attachments: #1 Proposed Order) (Dapper, Kathleen)
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Filing 19
First AMENDED COMPLAINT against PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY filed by DEVIN DALESSIO TRUCKING, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Jamiolkowski, Alexander)
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Update Answer Deadline: Answer due from PROGRESSIVE CORPORATION on 6/21/2022; UNITED FINANCIAL CASUALTY COMPANY on 6/21/2022 (pak)
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Filing 18
ANSWER to Complaint by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. (Dapper, Kathleen)
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Filing 17
ORDER granting in part and denying in part #5 Motion to Dismiss for Failure to State a Claim filed by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. Amended Complaint due by 6/10/2022. Signed by Magistrate Judge Patricia L. Dodge on 5/20/2022. (spc)
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Filing 16
MEMORANDUM OPINION re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. Signed by Magistrate Judge Patricia L. Dodge on 5/20/2022. (spc)
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Filing 15
REPLY BRIEF re #5 Motion to Dismiss for Failure to State a Claim filed by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. (Dapper, Kathleen)
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Filing 14
NOTICE of Consent Filing Reference of a Civil Action to a Magistrate Judge as to Devin Dalessio Trucking and Devin D. Dalessio by DEVIN D. DALESSIO, DEVIN DALESSIO TRUCKING, LLC. (Jamiolkowski, Alexander)
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Filing 13
CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. (Dapper, Kathleen)
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Filing 12
BRIEF in Opposition re #5 Motion to Dismiss for Failure to State a Claim filed by DEVIN D. DALESSIO, DEVIN DALESSIO TRUCKING, LLC. (Jamiolkowski, Alexander)
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Filing 11
RESPONSE IN OPPOSITION to #5 Motion to Dismiss for Failure to State a Claim, filed by DEVIN D. DALESSIO, DEVIN DALESSIO TRUCKING, LLC. (Jamiolkowski, Alexander)
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Filing 10
TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 4/5/2022, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. Signed by Magistrate Judge Patricia L. Dodge on 3/29/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe)
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Filing 9
ORDER Response/Briefing Schedule re #5 Motion to Dismiss for Failure to State a Claim: Response to Motion due by 4/4/2022. It is further ordered that, in their response, Plaintiffs shall respond to the jurisdictional allegations of the Amended Notice of Removal, that is, Plaintiffs shall identify the members of Devin Dalessio Trucking, LLC and the citizenship of those members. Signed by Magistrate Judge Patricia L. Dodge on 3/14/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (spc)
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Filing 8
Amended Notice of Removal (Attachments: #1 Exhibit A, #2 Exhibit B) (Dapper, Kathleen) Modified text on 3/11/2022. (pak)
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Filing 7
Order deferring a briefing schedule on Defendants' motion to dismiss #5 pending Defendants' response to the #4 March 10, 2022 Order. Signed by Magistrate Judge Patricia L. Dodge on 3/11/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (spc)
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Filing 6
BRIEF in Support re #5 Motion to Dismiss for Failure to State a Claim filed by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. (Dapper, Kathleen)
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Filing 5
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. (Attachments: #1 Proposed Order) (Dapper, Kathleen)
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Filing 4
MEMORANDUM ORDER. Defendants shall file within fourteen (14) days of this Order an amended notice of removal that sets forth sufficient factual allegations to establish diversity of citizenship among the parties. Failure to comply with this Order may result in dismissal of the action without further notice. Signed by Magistrate Judge Patricia L. Dodge on 3/10/2022. (mqe)
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Filing 3
NOTICE of Appearance by Robert E. Dapper, Jr on behalf of PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. (Dapper, Robert)
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Filing 2
Disclosure Statement identifying PROGRESSIVE COMMERCIAL HOLDINGS, INC. and UNITED FINANCIAL CASUALTY COMPANY as subsidiaries of THE PROGRESSIVE CORPORATION, and PROGRESSIVE COMMERCIAL HOLDINGS, INC. and THE PROGRESSIVE CORPORATION as corporate parents of UNITED FINANCIAL CASUALTY COMPANY, by PROGRESSIVE CORPORATION, UNITED FINANCIAL CASUALTY COMPANY. (pak)
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Filing 1
NOTICE OF REMOVAL from Indiana County, case number 11990 CD 2021 Copies attached: Complaint, Exhibits (Filing fee, including Administrative fee, $402, receipt number APAWDC-6981590), filed by UNITED FINANCIAL CASUALTY COMPANY, PROGRESSIVE CORPORATION. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A) (pak)
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