Belle Meade Owners Association, Inc. v. The Cincinnati Insurance Company (JRG3)
| Belle Meade Owners Association, Inc. |
| The Cincinnati Insurance Company |
| 3:2022cv00123 |
| April 8, 2022 |
| US District Court for the Eastern District of Tennessee |
| J Ronnie Greer |
| Debra C Poplin |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
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Filing 52
ORDER re #51 Joint Status Report filed by The Cincinnati Insurance Company. This matter is before the Court on the parties' Joint Status Report [Doc. 51]. In the Report, the parties ask the Court to stay the case and suspend existing deadlines for 60 days while they prepare a class settlement agreement. The request is GRANTED. The parties are ORDERED to file their motion for preliminary approval with a final, executed settlement agreement and exhibits within 60 days of the entry of this Order. Signed by District Judge J Ronnie Greer on 10/6/2023. (LCK)
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| Filing 51 STATUS REPORT Joint Status Report by The Cincinnati Insurance Company. (Strain, Ryan) |
| Filing 50 RESPONSE re #44 Notice (Other), filed by Belle Meade Owners Association, Inc. Response of Defendant to Plaintiff's Notice of Supplemental Authorities. (Strain, Ryan) |
| Filing 49 NOTICE by Belle Meade Owners Association, Inc. re #36 MOTION to Dismiss for Lack of Standing, or Alternatively, Motion to Strike Class Allegations Plaintiff's Notice of Supplemental Authority in Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit 1. Brown Order)(McWherter, J) |
| Filing 48 STATUS REPORT Joint Status Report by The Cincinnati Insurance Company. (Strain, Ryan) |
| Filing 47 STATUS REPORT Joint Status Report by The Cincinnati Insurance Company. (Strain, Ryan) |
| Filing 46 STATUS REPORT by Belle Meade Owners Association, Inc.. (Peterson, Erik) |
| Filing 45 RESPONSE re #44 Notice (Other), filed by Belle Meade Owners Association, Inc. of Defendant to Plaintiff's Notice of Supplemental Authorities. (Johnson, Mark) |
| Filing 44 NOTICE OF SUPPLEMENTAL AUTHORITIES in Opposition to #36 MOTION to Dismiss for Lack of Standing, or Alternatively, Motion to Strike Class Allegations by Belle Meade Owners Association, Inc. (Attachments: #1 Exhibit 1. In re Xyrem Order, #2 Exhibit 2. Williams Order)(McWherter, J) Modified text on 6/27/2023 (ABF). |
| Filing 43 REPLY to Response to Motion re #36 MOTION to Dismiss for Lack of Standing, or Alternatively, Motion to Strike Class Allegations filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit A - Rivers of Life Brief, #2 Exhibit B - Brown Brief)(Johnson, Mark) |
| Filing 42 RESPONSE in Opposition re #36 MOTION to Dismiss for Lack of Standing, or Alternatively, Motion to Strike Class Allegations filed by Belle Meade Owners Association, Inc.. (Attachments: #1 Exhibit A. FC&S Bulletin Dec 3, 2014, #2 Exhibit B. Multistate Labor Depreciation Survey, #3 Exhibit C. Cortinas v. Liberty Mut. Personal Ins. Co. Order, #4 Exhibit D. Multistate Contract Law Survey, #5 Exhibit E. Tables of Appellate Court Labor Depreciation Decisions, #6 Exhibit F. McLaughlin v. Fire Ins. Exchange Order)(McWherter, J) |
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Filing 41
ORDER granting #40 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 4/12/2023. (This entry constitutes the complete Order of the Court.) (AGA) Modified to reflect copy mailed to Mathew Drocton on 4/12/2023 (JBR).
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| Filing 40 MOTION for Mathew Drocton to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #300001556.) by The Cincinnati Insurance Company. (ABF) |
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Filing 39
ORDER granting #38 Joint MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Dismiss for Lack of Standing, or Alternatively, Motion to Strike Class Allegations . This matter is before the Court on the parties' Joint Motion for Extension of Time to File Response/Reply [Doc. 38]. For good cause shown, their motion is GRANTED. Signed by District Judge J Ronnie Greer on 4/10/2023. (LCK)
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| Clerk's Verification of PHV Requirements is complete regarding document: #40 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The Cincinnati Insurance Company (ABF) |
| Filing 38 Joint MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Dismiss for Lack of Standing, or Alternatively, Motion to Strike Class Allegations by Belle Meade Owners Association, Inc.. (McWherter, J) |
| Filing 37 MEMORANDUM in Support of Motion re #36 MOTION to Dismiss for Lack of Standing, or Alternatively, Motion to Strike Class Allegations filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit A - Policy)(Johnson, Mark) |
| Filing 36 MOTION to Dismiss for Lack of Standing, or Alternatively, Motion to Strike Class Allegations by The Cincinnati Insurance Company. (Johnson, Mark) |
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Filing 35
SCHEDULING ORDER: Jury Trial set for 11/19/2024 at 9:00 AM in Courtroom 400 - Greeneville before District Judge J Ronnie Greer. The expected length of trial is seven (7) days. Final Pretrial Conference set for 10/22/2024 at 9:00 AM. Dispositive Motions due by 4/1/2024. Utilization of Mediation due by 12/26/2023. Status Report due by 10/24/2023. See Scheduling Order for details. Signed by District Judge J Ronnie Greer on 02/23/2023. (CAT)
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| Filing 34 NOTICE of Change of Address by Erik D. Peterson (Peterson, Erik) |
| Filing 33 NOTICE OF NONCONSENT to Proceed Before a Magistrate Judge by The Cincinnati Insurance Company (Strain, Ryan) (Main Document 33 replaced on 2/13/2023 with flattened pdf) (ABF). |
| Filing 32 REPORT of Rule 26(f) Planning Meeting. (Strain, Ryan) |
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Filing 31
ORDER: This matter is before the Court on a sua sponte review of the record. On January 9, 2023, the Court ordered the parties to meet and confer and then file a report under Federal Rule of Civil Procedure 26(f). [Doc. 30.] The parties, however, have not filed their Rule 26(f) report to date, failing to comply with the Court's order. Within seven (7) days of this Order's date, the parties SHALL file their Rule 26(f) report. The parties' failure to comply with this Order will result in appropriate sanctions. Signed by District Judge J Ronnie Greer on 02/13/2023. (CAT)
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Filing 30
ORDER: Generally, scheduling orders will be entered by the Court in lieu of in-person or telephonic scheduling conferences unless otherwise requested by the parties. It is therefore ORDERED: As soon as practicable, but in no event later than 30 days from the first appearance of a defendant, or if that has already occurred, within 30 days of this order, the parties must confer, in a conference arranged by plaintiffs counsel, for the purpose of considering the nature and basis of their claims and defenses. (Rule 26 Meeting Report due by 3/20/2023). Signed by District Judge J Ronnie Greer on 1/9/2023. (LCK)
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Filing 29
ORDER: The parties are ordered to confer and return the attached form within the time provided..Signed by District Judge J Ronnie Greer on 1/6/23. (Attachments: #1 Notice of Consent form) (ADA)
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| Filing 28 Certificate of Corporate Interest by The Cincinnati Insurance Company identifying Corporate Parent The Cincinnati Financial Corporation for The Cincinnati Insurance Company. (Strain, Ryan) |
| Filing 27 ANSWER to #1 Complaint, by The Cincinnati Insurance Company.(Lewis, George) |
| Filing 26 In light of the parties' attempts to work together towards a potential class action settlement and for good cause shown, the Court GRANTS the Joint Motion for Extension of Time to Respond to Plaintiff's Complaint [Doc. 25]. Defendant SHALL respond to Plaintiff's Complaint on or before January 9, 2023. The Court notes, however, that this is the second request for an extension, and the Court will likely not grant another extension absent extraordinary circumstances. Signed by Magistrate Judge Debra C. Poplin on 10/17/2022. (This entry constitutes the complete Order of the Court.) (AGA) |
| Filing 25 Joint MOTION for Extension of Time to File Answer re #1 Complaint, - Proposed Order Submitted by The Cincinnati Insurance Company. (Lewis, George) |
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Filing 24
ORDER finding as moot #10 Motion for Leave to Appear Pro Hac Vice [See Doc. 19]. Signed by Magistrate Judge Debra C. Poplin on 8/4/2022. (This entry constitutes the complete Order of the Court.) (AGA)
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Filing 23
ORDER granting #22 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 8/3/2022. (This entry constitutes the complete Order of the Court.) (AGA)
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| Clerk's Verification of PHV Requirements is complete regarding document: #22 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-5129735.) filed by The Cincinnati Insurance Company (ABF) |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-5129735.) by The Cincinnati Insurance Company. (Lewis, George) |
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Filing 21
AGREED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION. Signed by Magistrate Judge Debra C Poplin on 7/21/22. (JBR)
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Filing 20
ORDER granting #16 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant SHALL file its response to the Complaint on or before October 25, 2022. Signed by Magistrate Judge Debra C. Poplin on 7/21/2022. (This entry constitutes the complete Order of the Court.) (AGA)
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Filing 19
ORDER granting #18 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 7/21/2022. (This entry constitutes the complete Order of the Court.) (AGA)
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| Filing 18 Amended MOTION for Leave to Appear Pro Hac Vice CORRECTED Certificate of Good Standing by Belle Meade Owners Association, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Peterson, Erik) |
| Filing 17 Joint MOTION for Protective Order by The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1 - Proposed Agreed Order)(Lewis, George) |
| Filing 16 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, - Proposed Order Submitted by The Cincinnati Insurance Company. (Lewis, George) |
| Clerk's Verification of PHV Requirements is complete regarding document: #18 Amended MOTION for Leave to Appear Pro Hac Vice CORRECTED Certificate of Good Standing filed by Belle Meade Owners Association, Inc., #10 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-5116847.) filed by Belle Meade Owners Association, Inc. (ABF) |
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Filing 15
ORDER granting #11 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting #12 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 7/19/2022. (This entry constitutes the complete Order of the Court.) (AGA) Modified on 7/20/2022 to indicate c/m to Kevin Zimmerman and Mark Johnson (ABF).
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| Filing 14 NOTICE of Deficiency (Pro Hac) to Erik Peterson re: #10 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-5116847.) : A certificate of good standing from another district court must be submitted. If the required certificate is not submitted within 15 days of this Notice, your motion may be summarily denied. (ABF) |
| Clerk's Verification of PHV Requirements is complete regarding document: #11 MOTION for Leave to Appear Pro Hac Vice Mark Alan Johnson ( Filing fee $ 90 receipt number ATNEDC-5117010.) filed by The Cincinnati Insurance Company (ABF) |
| Clerk's Verification of PHV Requirements is complete regarding document: #12 MOTION for Leave to Appear Pro Hac Vice of Kevin P. Zimmerman ( Filing fee $ 90 receipt number ATNEDC-5117025.) filed by The Cincinnati Insurance Company (ABF) |
| Filing 13 NOTICE of Appearance by George T Lewis, III on behalf of The Cincinnati Insurance Company (Lewis, George) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice of Kevin P. Zimmerman ( Filing fee $ 90 receipt number ATNEDC-5117025.) by The Cincinnati Insurance Company. (Attachments: #1 Exhibit - Certificate of Good Standing)(Lewis, George) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice Mark Alan Johnson ( Filing fee $ 90 receipt number ATNEDC-5117010.) by The Cincinnati Insurance Company. (Attachments: #1 Exhibit - Certificate of Good Standing)(Lewis, George) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-5116847.) by Belle Meade Owners Association, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Peterson, Erik) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Belle Meade Owners Association, Inc.. The Cincinnati Insurance Company waiver sent on 5/27/2022. (McWherter, J) |
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Filing 8
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 4/18/2022. (This entry constitutes the complete Order of the Court). (AGA)
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| Clerk's Verification of PHV Requirements is complete regarding document: #7 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-5036327.) filed by Belle Meade Owners Association, Inc. (ADA) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-5036327.) by Belle Meade Owners Association, Inc.. (Attachments: #1 Certificate of Good Standing)(Snodgrass, T) |
| Filing 6 NOTICE of Deficiency (Pro Hac) for Attorneys Snodgrass and Peterson. (SAC) |
| Filing 5 Summons Issued as to The Cincinnati Insurance Company. (SAC) |
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Filing 4
Order Governing Sealing Confidential Information.Signed by District Judge J Ronnie Greer on April 11, 2022. (SAC)
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Filing 3
Order Governing Motions To Dismiss.Signed by District Judge J Ronnie Greer on April 11, 2022. (SAC)
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Filing 2
Order Governing Depositions.Signed by District Judge J Ronnie Greer on April 11, 2022. (SAC)
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| NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 as to Belle Meade Owners Association, Inc.. (SAC) |
| District Judge J Ronnie Greer and Magistrate Judge Debra C Poplin added. (SAC) |
| Filing 1 COMPLAINT Class Action Complaint with Jury Demand against The Cincinnati Insurance Company ( Filing fee $ 402 receipt number ATNEDC-5029432.), filed by Belle Meade Owners Association, Inc.. (Attachments: #1 Other Civil Cover Sheet, #2 Summons)(McWherter, J) |
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