MCGUIRE v. NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA
| ERIC MCGUIRE, JR. |
| NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA |
| 2:2023cv01347 |
| July 27, 2023 |
| U.S. District Court for the Western District of Pennsylvania |
| J Nicholas Ranjan |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal-Insurance Contract |
| Both |
Docket Report
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Filing 21
Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA. (Rende, Bruce)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #20 Answer to Complaint. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A AND identifying CITIZENSHIP pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 9/27/2023. (rtm)
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Filing 20
ANSWER to Complaint by NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA. (Rende, Bruce)
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Filing 19
ORDER, requiring expedited and limited discovery as to the stacking issue. The parties shall complete all discovery limited to the stacking issue by 10/16/2023 and file a status report on 10/17/2023 as to the discovery taken, whether the parties are prepared to proceed to summary judgment, and whether any or all aspects of the case have been resolved. Given the expedited deadline, the parties shall: (1) exchange initial disclosures, including producing all policy documents and Defendant's policy/claim file by 9/7/2023 (i.e., complete versions of the original policy, any renewals, and the policy at issue and any applications and other correspondence related to the procurement of coverage); (2) serve any written discovery requests and deposition notices by 9/13/2023; (3) respond to all written discovery requests by 9/27/2023; and (4) complete all depositions by 10/16/2023. The parties, per side, shall serve no more than 5 requests for production and 5 interrogatories and shall take no more than 1 deposition. The parties may not serve any requests for admission. That said, the parties are strongly encouraged to confer and exchange discovery informally, without the need for written requests. No discovery on the bad-faith claim is authorized. The Court will set a briefing schedule as to summary judgment upon receipt of the status report. Signed by Judge J. Nicholas Ranjan on 8/30/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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Filing 18
ORDER denying #5 Motion to Dismiss, for the reasons stated on the record at 8/30/2023 Oral Argument. This is without prejudice to Defendant raising its same argument on a more developed record at summary judgment. Signed by Judge J. Nicholas Ranjan on 8/30/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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Filing 17
Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Oral Argument held on 8/30/2023. (Court Reporter: B. Loch) (pak)
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Filing 16
NOTICE of Appearance by William C Robinson, III on behalf of NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA. (Robinson, William)
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Filing 15
REPLY BRIEF re #5 Motion to Dismiss for Failure to State a Claim filed by NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA. (Rende, Bruce)
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Filing 14
REPORT of Rule 26(f) Planning Meeting. (Rende, Bruce)
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Filing 13
STIPULATION selecting ADR process by NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA. (Rende, Bruce)
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Filing 12
BRIEF in Opposition re #5 Motion to Dismiss for Failure to State a Claim filed by ERIC MCGUIRE, JR. (Giannetti, Anthony)
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Filing 11
RESPONSE to Motion re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ERIC MCGUIRE, JR. (Giannetti, Anthony)
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Filing 10
ORDER re #9 Stipulation Correcting/Amending Defendant's Name. Signed by Judge J. Nicholas Ranjan on 8/15/2023. (pak)
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Filing 9
STIPULATION by NATIONWIDE GENERAL INSURANCE COMPANY. (Attachments: #1 Proposed Order) (Rende, Bruce)
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Filing 8
ORDER. In light of Defendant's pending #5 motion to dismiss, the Court's prior #3 Case Management Order and #4 Order Establishing Presumptive Trial Date are hereby VACATED, all deadlines set therein VOIDED, and trial currently set for 3/11/2024 CANCELED. These orders will be reissued after resolution of the motion to dismiss. Signed by Judge J. Nicholas Ranjan on 8/4/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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Filing 7
ORDER re #5 Motion to Dismiss. Plaintiff shall file his brief in response to the #5 motion on or before 8/18/2023; Defendant's reply brief due by 8/25/2023. Brief in response shall not exceed 20 pages in length; reply brief shall not exceed 10 pages in length. IT IS FURTHER ORDERED that the Initial Case Management Conference set for 8/30/2023 at 3:30 p.m. in Courtroom 6C before Judge J. Nicholas Ranjan is hereby converted to an oral argument on the pending #5 motion, to be held at the same date and time. Signed by Judge J. Nicholas Ranjan on 8/4/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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Filing 6
BRIEF in Support re #5 Motion to Dismiss for Failure to State a Claim filed by NATIONWIDE GENERAL INSURANCE COMPANY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Rende, Bruce)
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Filing 5
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NATIONWIDE GENERAL INSURANCE COMPANY. (Attachments: #1 Rule 12 Certification, #2 Proposed Order) (Rende, Bruce)
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Filing 4
ORDER ESTABLISHING PRESUMPTIVE TRIAL DATE. Trial in this matter is set for 3/11/2024. The parties are directed to prepare their Rule 26 report to conform with this trial date. Signed by Judge J. Nicholas Ranjan on 7/31/2023. (pak)
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Filing 3
CASE MANAGEMENT ORDER: Rule 26 Meeting Report and Stipulation Selecting ADR Process due by 8/20/2023. An Initial Case Management Conference is set for 8/30/2023 at 3:30 p.m. in Courtroom 6C before Judge J. Nicholas Ranjan. Signed by Judge J. Nicholas Ranjan on 7/31/2023. (pak)
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Filing 2
Disclosure Statement identifying None as corporate parent or other affiliate, by NATIONWIDE GENERAL INSURANCE COMPANY. (kss)
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Filing 1
NOTICE OF REMOVAL from Allegheny County, case number GD-23-007582 Copies attached: Complaint, Praecipe for Appearance, Exhibit (Filing fee, including Administrative fee, $402, receipt number APAWDC-7806920), filed by NATIONWIDE GENERAL INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint, #3 Exhibit B - Appearance, #4 Exhibit C, #5 Certificate of Service) (kss)
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| Plaintiff: ERIC MCGUIRE, JR. | |
| Represented By: | Adam D Shorr |
| Represented By: | Anthony J. Giannetti |
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| Defendant: NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA | |
| Represented By: | William C Robinson, III |
| Represented By: | Bruce E. Rende |
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