United States of America v. The Cincinnati Insurance Company
| of America United States |
| The Cincinnati Insurance Company |
| 4:2020cv00190 |
| December 17, 2020 |
| US District Court for the Eastern District of Virginia |
| Arenda L Wright Allen |
| Raymond A Jackson |
| Robert J Krask |
| Miller Act |
| 28 U.S.C. § 1352 |
| None |
Docket Report
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This docket was last retrieved on April 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 50 REPLY in Support re #22 MOTION to Dismiss Plaintiff's Complaint filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Coulter, Thomas) Modified text on 2/1/2021 (tamarm, ). |
| Filing 49 Memorandum in Opposition re #22 MOTION to Dismiss Plaintiff's Complaint SUPPLEMENTAL BRIEF PER ORDER ECF 45 filed by of America United States. (Loesch, Kristen) |
Filing 48
ORDER - the Court GRANTS Plaintiffs Motion to Reassign Case and DENIES AS MOOT Plaintiffs Alternative Motion to Transfer Venue (ECF No. 47). The Clerk is directed to reassign the action to another District Judge in the Newport News Division. Signed by District Judge Roderick C. Young on 1/21/2021. (tamarm, )
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| Case reassigned to District Judge Raymond A. Jackson. District Judge Roderick C. Young no longer assigned to the case. (tamarm, ) |
| Filing 47 MOTION to Reassign Case and in the Alternative Transfer Venue by of America United States. (Attachments: #1 Memorandum in Support of Motion to Reassign, #2 Proposed Order)(Loesch, Kristen) |
| Filing 46 TRANSCRIPT of proceedings held on 1/12/2021, before Judge Roderick C. Young, Court Reporter/Transcriber Jill Trail, Telephone number 757-222-7072. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 2/16/2021. Redacted Transcript Deadline set for 3/16/2021. Release of Transcript Restriction set for 4/14/2021.(trail, jill) |
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Filing 45
ORDER: The Court GRANTS Plaintiff's request to file supplemental briefing in response to Defendant's Motion to Dismiss. Plaintiff shall file any responsive briefing by January 22, 2021. Any reply by the Defendant shall be filed within seven days thereafter. Signed by District Judge Roderick C. Young on 1/12/21. (mrees, )
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| Filing 44 Minute Entry for proceedings held before District Judge Roderick C. Young: Status Conference held on 1/12/2021. Status Conference set for 8/2/2021 at 02:30 PM via ZOOM before District Judge Roderick C. Young. (Court Reporter Jill Trail, OCR.)(jsau, ) |
| Filing 43 Financial Interest Disclosure Statement (Local Rule 7.1) by of America United States. (Gerstner, Erik) |
| Filing 42 Corporate Disclosure Statement by The Cincinnati Insurance Company. (Coulter, Thomas) |
| Set Hearings: Status Conference set for 1/12/2021 at 02:00 PM via ZOOM before District Judge Roderick C. Young. (jsau, ) |
| Notice of Correction re #39 Notice of Appearance, #40 Notice of Appearance, #41 Notice of Appearance. A financial disclosure statement was not filed with the first appearance of the party as required by Local Rule 7.1. The party is allowed seven (7) days to correct the deficiency and file the financial disclosure statement. Failure to file the financial disclosure statement within this period of time will subject the document to being stricken from the record. (tamarm, ) |
| Filing 41 NOTICE of Appearance by Thomas Andrew Coulter on behalf of The Cincinnati Insurance Company (Coulter, Thomas) |
| Filing 40 NOTICE of Appearance by Kristen Lynn Loesch on behalf of of America United States (Loesch, Kristen) |
| Filing 39 NOTICE of Appearance by Erik Hong Gerstner on behalf of of America United States (Gerstner, Erik) |
| Case Reassigned to District Judge Roderick C. Young. District Judge Arenda L. Wright Allen no longer assigned to the case. (afar) |
| Filing 38 CLERK'S NOTICE of local counsel requirement mailed to foreign counsel. (tamarm, ) |
| Filing 37 Case transferred in from District of Florida Middle; Case Number 6:20-cv-01813. Original file and docket sheet received. |
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Filing 36
ORDER granting #23 Motion to Change Venue / Transfer Case. The Clerk shall TRANSFER this action in its entirety to the U.S. District Court for the Eastern District of Virginia, Newport News Division. Signed by Judge Paul G. Byron on 12/15/2020. (JBS) [Transferred from Florida Middle on 12/17/2020.]
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| Filing 35 REPLY in Support re #23 MOTION to Change Venue / Transfer Case filed by The Cincinnati Insurance Company. (Waers, Callie) Modified text on 12/15/2020 (MEJ). [Transferred from Florida Middle on 12/17/2020.] |
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Filing 34
ENDORSED ORDER granting #33 Motion for Leave to File Document. Defendant may file its reply on or before Wednesday, December 16, 2020. Signed by Judge Paul G. Byron on 12/14/2020. (JBS) [Transferred from Florida Middle on 12/17/2020.]
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| Filing 33 Unopposed MOTION for Leave to File Other Document :LIMITED REPLY SUPPORTING MOTION TO TRANSFER VENUE by All Defendants. (Waers, Callie) Motions referred to Magistrate Judge Daniel C. Irick. [Transferred from Florida Middle on 12/17/2020.] |
| Filing 32 CASE REFERRED to Mediation (emailed mediator). (MEJ) [Transferred from Florida Middle on 12/17/2020.] |
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Filing 31
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #30 Motion for Leave to File Reply. Signed by Magistrate Judge Daniel C. Irick on 12/14/2020. (Irick, Daniel) [Transferred from Florida Middle on 12/17/2020.]
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| Filing 30 MOTION for Leave to File Other Document :Limited Reply Supporting Motion To Transfer by The Cincinnati Insurance Company. (Waers, Callie) Motions referred to Magistrate Judge Daniel C. Irick. [Transferred from Florida Middle on 12/17/2020.] |
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Filing 29
CASE MANAGEMENT AND SCHEDULING ORDER. Amended Pleadings due by 2/17/2021, Joinder of Parties due by 2/17/2021, Discovery due by 12/1/2021, Dispositive motions due by 1/3/2022, Pretrial statement due by 4/18/2022, All other motions due by 4/25/2022, Plaintiff disclosure of expert report due by 10/4/2021, Defendant disclosure of expert report due by 11/1/2021, Final Pretrial Conference set for 5/17/2022 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron, Bench Trial set for 6/6/2022 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Conduct mediation hearing by 12/15/2021. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 12/11/2020. (GNB) copies e-mailed/mailed Modified on 12/11/2020 (GNB). [Transferred from Florida Middle on 12/17/2020.]
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| Filing 28 CASE MANAGEMENT REPORT. (Moorhead, Timothy) [Transferred from Florida Middle on 12/17/2020.] |
| Filing 27 RESPONSE in Opposition re #22 MOTION to Dismiss Plaintiff's Complaint filed by United States of America. (Moorhead, Timothy) [Transferred from Florida Middle on 12/17/2020.] |
| Filing 26 RESPONSE in Opposition re #23 MOTION to Change Venue / Transfer Case filed by United States of America. (Moorhead, Timothy) [Transferred from Florida Middle on 12/17/2020.] |
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Filing 25
ORDER granting #24 Motion to Appear Pro Hac Vice. See Order. Signed by Magistrate Judge Daniel C. Irick on 11/19/2020. (RN) [Transferred from Florida Middle on 12/17/2020.]
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| Filing 24 Unopposed MOTION for Thomas A. Coulter to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17571184 for $150 by The Cincinnati Insurance Company. (Attachments: #1 Exhibit Special Admission Attorney Certification)(Waers, Callie) Motions referred to Magistrate Judge Daniel C. Irick. [Transferred from Florida Middle on 12/17/2020.] |
| Filing 23 MOTION to Change Venue / Transfer Case by The Cincinnati Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit)(Waers, Callie) [Transferred from Florida Middle on 12/17/2020.] |
| Filing 22 MOTION to Dismiss Plaintiff's Complaint by The Cincinnati Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit)(Waers, Callie) [Transferred from Florida Middle on 12/17/2020.] |
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Filing 21
ENDORSED ORDER striking #16 Motion to Dismiss for failure to comply with Local Rule 3.01(a). Signed by Judge Paul G. Byron on 11/16/2020. (JBS) [Transferred from Florida Middle on 12/17/2020.]
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Filing 20
ENDORSED ORDER striking #18 Motion to Change Venue / Transfer Case for failure to comply with Local Rule 3.01(a) and 3.01(g). Signed by Judge Paul G. Byron on 11/16/2020. (JBS) [Transferred from Florida Middle on 12/17/2020.]
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| Filing 19 MEMORANDUM in support re #18 Motion to Change Venue / Transfer Case filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit)(Waers, Callie) [Transferred from Florida Middle on 12/17/2020.] |
| Filing 18 **STRICKEN** per Order at 20 MOTION to Change Venue / Transfer Case by The Cincinnati Insurance Company. (Waers, Callie) Modified text on 11/17/2020 (MEJ). [Transferred from Florida Middle on 12/17/2020.] |
| Filing 17 MEMORANDUM in support re #16 Motion to Dismiss filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit)(Waers, Callie) [Transferred from Florida Middle on 12/17/2020.] |
| Filing 16 **STRICKEN** per Order at 21 MOTION to Dismiss #1 Complaint by The Cincinnati Insurance Company. (Waers, Callie) Modified on 11/16/2020 (MEJ). Modified on 11/17/2020 (MEJ). [Transferred from Florida Middle on 12/17/2020.] |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement re #14 Interested persons order by The Cincinnati Insurance Company identifying Corporate Parent Cincinnati Financial Corporation, Other Affiliate The Cincinnati Specialty Underwriters Insurance Company, Other Affiliate CSU Producer Resources, Inc., Other Affiliate The Cincinnati Indemnity Company, Other Affiliate CFC Investment Company, Other Affiliate The Cincinnati Casualty Company, Other Affiliate The Cincinnati Life Insurance Company for The Cincinnati Insurance Company.. (Waers, Callie) [Transferred from Florida Middle on 12/17/2020.] |
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Filing 14
INTERESTED PERSONS ORDER. Defendant The Cincinnati Insurance Company shall file a Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 11/5/2020. (GNB) copies e-mailed [Transferred from Florida Middle on 12/17/2020.]
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Filing 13
ENDORSED ORDER granting #12 Unopposed Motion for Extension of Time. On or before 11/13/2020, Defendant shall respond to the Complaint. Signed by Magistrate Judge Daniel C. Irick on 10/30/2020. (Irick, Daniel) [Transferred from Florida Middle on 12/17/2020.]
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| Filing 12 Unopposed MOTION to Extend Deadline to Respond to Plaintiff's Complaint to November 13, 2020 by The Cincinnati Insurance Company. (Waers, Callie) Modified text on 11/2/2020 (TNP). [Transferred from Florida Middle on 12/17/2020.] |
| Filing 11 NOTICE of Appearance by Callie Elizabeth Waers and Gregory S. Martin on behalf of The Cincinnati Insurance Company (Waers, Callie) Modified text on 11/2/2020 (TNP). [Transferred from Florida Middle on 12/17/2020.] |
| Filing 10 RETURN of service executed on 10/09/2020 by United States of America as to The Cincinnati Insurance Company. (Moorhead, Timothy) [Transferred from Florida Middle on 12/17/2020.] |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by United States of America identifying Other Affiliate The Cincinnati Insurance Company, Other Affiliate Precision Air Conditioning of Brevard, Inc., Other Affiliate Leebcor Services, LLC for United States of America. (Moorhead, Timothy) Modified on 10/15/2020 (edited text) (EJS). [Transferred from Florida Middle on 12/17/2020.] |
| Filing 8 NOTICE of pendency of related cases per Local Rule 1.04(d) re #3 RELATED CASE ORDER AND NOTICE by United States of America. Related case(s): no (Moorhead, Timothy) Modified on 10/15/2020 (edited text and created link) (EJS). [Transferred from Florida Middle on 12/17/2020.] |
| Filing 7 (Attorney to Refile Using Correct Event) PROOF of service by United States of America (Moorhead, Timothy) Modified on 10/15/2020 (edited text) (EJS). [Transferred from Florida Middle on 12/17/2020.] |
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Filing 6
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (RN) [Transferred from Florida Middle on 12/17/2020.]
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| Filing 5 SUMMONS issued as to The Cincinnati Insurance Company. (MEJ) [Transferred from Florida Middle on 12/17/2020.] |
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Filing 4
INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 10/5/2020. (GNB) copies e-mailed [Transferred from Florida Middle on 12/17/2020.]
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 10/5/2020. (GNB) copies e-mailed [Transferred from Florida Middle on 12/17/2020.]
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| Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Daniel C. Irick. New case number: 6:20-cv-1813-Orl-40DCI. (SJB) [Transferred from Florida Middle on 12/17/2020.] |
| Filing 1 COMPLAINT against The Cincinnati Insurance Company (Filing fee $ 400 receipt number 113A-17383195) filed by United States of America (Attachments: #1 Exhibit Exhibits A - B, #2 Civil Cover Sheet, #3 Proposed Summons)(Moorhead, Timothy) Modified docket text on 10/5/2020 (MEJ). [Transferred from Florida Middle on 12/17/2020.] |
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