Millers Capital Insurance Company, et al. v. Logan Electric Service, Inc.
Plaintiff: Millers Capital Insurance Company, Erie Insurance Company a/s/o Virginia Foutz and Francine Steiger and Erie Insurance Company
Defendant: Logan Electric Service, Inc.
Case Number: 3:2023cv00282
Filed: April 27, 2023
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Henry E Hudson
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. § 1332 Diversity-Property Damage
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2023 Filing 21 Reply to #20 Response in Opposition to Motion to Dismiss filed by Logan Electric Service, Inc.. (Berry, Laura)
June 12, 2023 Filing 20 RESPONSE in Opposition re #9 MOTION to Dismiss for Failure to State a Claim filed by Millers Capital Insurance Company. (Witmeyer, Carl)
June 12, 2023 Notice of Correction re: #19 Response in Opposition to Motion; Per Local Rules Pro Hac vice attorneys are not allowed to sign any pleadings filed in this Court, including the Certificate of Service. Pro Hac Attorneys names must be listed below any attorney admitted to EDVA Court. Please re-file this pleading. (sbea)
June 7, 2023 Filing 19 DISREGARD - See ECF No. #20 RESPONSE in Opposition re: #9 MOTION to Dismiss for Failure to State a Claim executed by Counsel filed by Millers Capital Insurance Company. (Witmeyer, Carl). Modified on 6/13/2023. (sbea)
June 6, 2023 Filing 18 NOTICE of Appearance by Jon Allon Nichols, Jr on behalf of Logan Electric Service, Inc. (Nichols, Jon)
June 6, 2023 Opinion or Order Filing 17 SCHEDULING ORDER with Attachment #1 Pretrial Schedule A - Initial Pretrial Conference set for 7/6/2023 at 11:15 AM before District Judge Henry E. Hudson (Order issued by deputy clerk at the direction of the Court) (rpiz)
May 30, 2023 Opinion or Order Filing 16 ORDER GRANTING ECF #13 Motion to Appear Pro Hac Vice by Plaintiffs Millers Capital Insurance Co., et al for Kyle David Reich. Signed by District Judge Henry E. Hudson on 5/30/23. (Khan, )
May 30, 2023 Opinion or Order Filing 15 ORDER GRANTING ECF #12 Motion to Appear Pro Hac Vice by Plaintiffs, Millers Capital Insurance Company, et al. for Robert Mark Smolen. Signed by District Judge Henry E. Hudson on 5/30/23. (Khan, )
May 25, 2023 Filing 14 Financial Interest Disclosure Statement (Local Rule 7.1) by Millers Capital Insurance Company. (Witmeyer, Carl)
May 25, 2023 Filing 13 Second Motion to appear Pro Hac Vice by Kyle Reich and Certification of Local Counsel Carl J. Witmeyer, II Filing fee $ 75, receipt number AVAEDC-8952524. by Millers Capital Insurance Company. (Witmeyer, Carl)
May 25, 2023 Filing 12 First Motion to appear Pro Hac Vice by Robert Smolen and Certification of Local Counsel Carl J. Witmeyer, II Filing fee $ 75, receipt number AVAEDC-8952478. by Millers Capital Insurance Company. (Witmeyer, Carl)
May 24, 2023 Filing 11 Financial Interest Disclosure Statement (Local Rule 7.1) by Logan Electric Service, Inc.. (Berry, Laura)
May 24, 2023 Filing 10 Memorandum in Support re #9 MOTION to Dismiss for Failure to State a Claim filed by Logan Electric Service, Inc.. (Berry, Laura)
May 24, 2023 Filing 9 MOTION to Dismiss for Failure to State a Claim by Logan Electric Service, Inc.. (Berry, Laura)
May 24, 2023 Filing 8 ANSWER to Complaint by Logan Electric Service, Inc..(Berry, Laura)
May 18, 2023 Filing 7 Second MOTION for Leave to Appear Foreign Attorney executed by Millers Capital Insurance Company (Witmeyer, Carl). Clerk termed motion. Modified on 5/18/2023. (sbea)
May 18, 2023 Filing 6 First MOTION to Appoint Counsel executed, MOTION for Leave to Appear Foreign Attorney by Millers Capital Insurance Company. (Witmeyer, Carl). Clerk termed motion. Modified on 5/18/2023. (sbea)
May 18, 2023 Notice of Correction re: #6 First MOTION to Appoint Counsel executed MOTION for Leave to Appear Foreign Attorney, #7 Second MOTION for Leave to Appear Foreign Attorney executed; filing attorney selected the wrong filing event. The correct event is "Pro Hac Vice" located under Motions and Related Filings, Motions, scroll down to "Pro Hac Vice" select this event, there is a $75 filing fee for this motion. The cost will appear as you proceed through the prompts. #6 First Motion and #7 Second Motion will be terminated. (sbea)
May 11, 2023 Filing 5 CERTIFICATE OF SERVICE by Millers Capital Insurance Company re #4 Affidavit of Service Proof of Service (Witmeyer, Carl)
May 11, 2023 Filing 4 AFFIDAVIT of Service for Complaint served on Christina Ann Logan on May 9, 2023, filed by Millers Capital Insurance Company. (Witmeyer, Carl)
May 11, 2023 Notice of Correction re: #4 Affidavit of Service, #5 Certificate of Service; filing attorney selected the wrong filing event. The correct filing event is "Summons Returned Executed", which would have generated the answer due date. Also, both the "Affidavit of Service" and the "Certificate of Service" should be scanned as one document entry (the Summons and then the Affidavit). Clerk has set the answer due date as May 30, 2023. No further action is required. (sbea)
May 2, 2023 Filing 3 Summons Issued as to Logan Electric Service, Inc. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for the Defendant. Please serve one copy of the summons and a copy of the Complaint upon the Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (sbea)
May 1, 2023 Filing 2 Proposed Summons by Millers Capital Insurance Company. (Witmeyer, Carl)
April 28, 2023 Filing 1 Civil Action - Complaint (Filing Fee: $402, Receipt Number AVAEDC-8913154), filed by Millers Capital Insurance Company. (Attachment: #1 Exhibit A)(Witmeyer, Carl). (Attachment added on 4/28/2023: # 3 Civil Cover Sheet). Clerk replaced Complaint to include Civil Action Number on 4/28/2023. Clerk also separated the Exhibit from the Complaint and added it as an attachment and renumbered the Civil Cover Sheet. Modified on 4/28/2023. (sbea)
April 28, 2023 Initial Case Assignment to District Judge Henry E. Hudson. (sbea)
April 28, 2023 Notice of Correction re: #1 Complaint, Clerk corrected the "alias" for the named plaintiffs. The Civil Action Number was added to the Complaint and the Exhibit was separated from the Complaint and added as an attachment. The Civil Cover Sheet was renumbered. Clerk also corrected the demand amount. Attorney was asked to file the Proposed Summons. (sbea)

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Plaintiff: Millers Capital Insurance Company
Represented By: Carl John Witmeyer, II
Represented By: Kyle David Reich
Represented By: Robert Mark Smolen
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Plaintiff: Erie Insurance Company a/s/o Virginia Foutz and Francine Steiger
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Plaintiff: Erie Insurance Company
Represented By: Carl John Witmeyer, II
Represented By: Kyle David Reich
Represented By: Robert Mark Smolen
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Defendant: Logan Electric Service, Inc.
Represented By: Jon Allon Nichols, Jr.
Represented By: Laura Mitchell Berry
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