Killinger v. Progressive Direct Insurance Company
| Heather J Killinger |
| Progressive Direct Insurance Company |
| 2:2022cv00012 |
| January 25, 2022 |
| US District Court for the Eastern District of Washington |
| Mary K Dimke |
| Insurance |
| 28 U.S.C. § 1446 Petition for Removal- Personal Injury |
| None |
Docket Report
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Filing 64
ORDER OF DISMISSAL with prejudice. The parties' #63 Stipulated Motion for Dismissal of All Claims with Prejudice is GRANTED. Any pending motions are DENIED as moot. All hearings and other deadlines are STRICKEN. This file is CLOSED. Signed by Judge Mary K. Dimke. (WMK, Case Administrator)
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| Filing 63 Stipulated MOTION to Dismiss all claims by All Plaintiffs. Motion Hearing set for 9/22/2023 Without Oral Argument before Judge Mary K. Dimke. (Attachments: #1 Proposed Order)(Bodey, Michael) |
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Filing 62
FOURTH BENCH TRIAL SCHEDULING ORDER: Pretrial Conference set for 11/29/2023 at 01:00 PM in Spokane Courtroom 755. Bench Trial set for 12/18/2023 at 09:00 AM in Spokane Courtroom 755, commencing with a Final Pretrial Conference at 08:30 AM. Signed by Judge Mary K. Dimke. (LTR, Case Administrator)
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| Filing 61 Minute Entry for VIDEO CONFERENCE proceedings held before Judge Mary K. Dimke: Scheduling Conference held on 6/1/2023. (Reported/Recorded by: Kimberly Allen) (CV, Courtroom Deputy) |
| Filing 60 RESPONSE TO DEFENDANTS OBJECTION TO ECF 49 by Heather J Killinger. (Bodey, Michael) |
| Filing 59 RESPONSE re #51 Objections To Report and Recommendations re Motion for Summary Judgment by Progressive Direct Insurance Company. (Jensen, Steven) |
| Filing 58 SCHEDULING CONFERENCE NOTICE: A Scheduling Conference is set for 6/1/2023 at 03:00 PM in Richland Courtroom 326 via Video Conference before Judge Mary K. Dimke. Video connection information will be emailed to counsel by court staff prior to the hearing. Text-only entry; no PDF document attached. (CV, Courtroom Deputy) |
| Filing 57 NOTICE OF WITHDRAWAL OF COUNSEL by Michael J Morgan on behalf of Defendant Progressive Direct Insurance Company (Morgan, Michael) |
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Filing 56
ORDER: Pursuant to the Court's Orders at ECF Nos. #53 and 55 , the Court is unable to accommodate a July 17, 2023 trial date. Accordingly, IT IS ORDERED: The June 28, 2023 Pretrial Conference, and the July 17, 2023 Bench Trial are STRICKEN. Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the Court. Signed by Judge Mary K. Dimke. (CV, Courtroom Deputy)
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Filing 55
ORDER: Before the Court is the parties [Amended] Joint Status Report, ECF No. #54 . With its May 18, 2023 Order, the Court indicated that it can no longer accommodate a July 17, 2023 Bench Trial. ECF No. #53 . The parties request a new trial date on May 13, 2024. ECF No. #54 at 2. The Court will call a status hearing to discuss the case schedule. Accordingly, IT IS ORDERED: The parties shall confer with each other and with the courtroom deputy by email Cora_Vargas@waed.uscourts.gov, to schedule a status hearing on a date no later than June 14, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the Court. Signed by Judge Mary K. Dimke. (CV, Courtroom Deputy)
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| Filing 54 STATUS REPORT For New Trial Date by Heather J Killinger. (Bodey, Michael) |
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Filing 53
ORDER REGARDING SCHEDULE. Signed by Judge Mary K. Dimke. (LTR, Case Administrator)
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| Filing 52 DECLARATION of Jordan Schaefer re #51 Objections by Heather J Killinger. (Bodey, Michael) |
| Filing 51 OBJECTIONS ECF 49 Report by Heather J Killinger. (Bodey, Michael) |
| Filing 50 OBJECTIONS re #49 REPORT AND RECOMMENDATIONS re #24 MOTION for Discovery filed by Heather J Killinger, #26 MOTION for Summary Judgment filed by Progressive Direct Insurance Company, #21 MOTION to Exclude Expert Testimony filed by P by Progressive Direct Insurance Company. (Jensen, Steven) |
| Filing 49 REPORT AND RECOMMENDATIONS TO DENY AS MOOT #24 Plaintiff's Motion for Discovery; GRANT in part, DENY in part #26 Defendant's Motion for Summary Judgment; GRANT as to Dr. Lantsberger, and DENY as to treating physicians Dr. Schmitz, Dr. Simon, and Mr. Fraley #21 Defendant's Motion to Exclude Expert Testimony. Objections to R&R due by 5/16/2023. Signed by Magistrate Judge James A. Goeke. (TNC, Case Administrator) |
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Filing 48
ORDER STRIKING TELEPHONIC SCHEDULING CONFERENCE AND ORDER SETTING SETTLEMENT CONFERENCE. The April 13, 2023 telephonic scheduling conference is STRICKEN. Confidential written offer of settlement ddl 5/1/2023. Counteroffer ddl 5/4/2023. Confidential In camera submission ddl 5/30/2023. SEE attached PDF of Order. Settlement Conference set for 6/15/2023 at 09:00 AM in Spokane Courtroom 740. Signed by Magistrate Judge Alexander C Ekstrom. (LTR, Case Administrator)
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| Filing 47 NOTICE of Appearance by Michael J Morgan on behalf of Progressive Direct Insurance Company (Attorney Michael J Morgan added to party Progressive Direct Insurance Company(pty:dft))(Morgan, Michael) |
| Filing 46 SCHEDULING CONFERENCE NOTICE RE: SETTLEMENT CONFERENCE - Text entry only; no PDF document. Telephonic Scheduling Conference set for 4/13/2023 at 09:30 AM before Magistrate Judge Alexander C. Ekstrom. Counsel shall be prepared to discuss possible dates for a mediation. Parties with settlement authority must be available to attend the settlement conference on the dates proposed. Counsel are directed to initiate the call to Magistrate Judge Ekstrom at: (877) 336-1828; Access code: 3873484. Hearing content provided via videoconference or teleconference dial-in access must not be recorded or rebroadcast. This notice constitutes the Court's notice on this matter. (KP, Law Clerk) |
| Filing 45 NOTICE of Change of Address by Michael Lee Bodey (Bodey, Michael) |
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Filing 44
ORDER REFERRING CASE to Magistrate Judge Alexander C. Ekstrom for Mediation. The parties are directed to contact Magistrate Judge Ekstrom's chambers within three (3) days to schedule the mediation. Following mediation the parties shall notify the Court whether settlement efforts were successful. Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the Court. Signed by Judge Mary K. Dimke. (CV, Courtroom Deputy)
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Filing 43
ORDER REFERRING MOTIONS to Magistrate Judge. The following motions are hereby REFERRED to Magistrate Judge James A. Goeke: Defendant's MOTION to Exclude Expert Testimony #21 , Plaintiff's MOTION for Discovery #24 , and Defendant's MOTION for Summary Judgment #26 . Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the Court. Signed by Judge Mary K. Dimke. (CV, Courtroom Deputy)
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| Filing 42 STATEMENT OF Declaration of Michael Bodey FACTS re #26 MOTION for Summary Judgment filed by Heather J Killinger. (Bodey, Michael) |
| Filing 41 STATEMENT OF now disputed FACTS re #26 MOTION for Summary Judgment filed by Heather J Killinger. (Bodey, Michael) |
| Filing 40 STATEMENT OF Uncontroverted FACTS re #26 MOTION for Summary Judgment filed by Progressive Direct Insurance Company. (Jensen, Steven) |
| Filing 39 STATEMENT OF Undisputed Material FACTS re #26 MOTION for Summary Judgment filed by Progressive Direct Insurance Company. (Jensen, Steven) |
| Filing 38 DECLARATION by Steven D. Jensen in Support re #26 MOTION for Summary Judgment filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A)(Jensen, Steven) |
| Filing 37 REPLY MEMORANDUM re #26 MOTION for Summary Judgment filed by Progressive Direct Insurance Company. (Jensen, Steven) |
| Filing 36 RESPONSE to Motion re #26 MOTION for Summary Judgment filed by Heather J Killinger. (Bodey, Michael) |
| Filing 35 DECLARATION by Brandon R. Casey in Opposition re #26 MOTION for Summary Judgment filed by Heather J Killinger. (Attachments: #1 Exhibit Supp Dec Brandon Casey Resp to Def SJM)(Bodey, Michael) |
| Filing 34 DECLARATION by Brandon R. Casey in Opposition re #26 MOTION for Summary Judgment filed by Heather J Killinger. (Bodey, Michael) |
| Filing 33 DECLARATION by Michael Lee Bodey in Opposition re #26 MOTION for Summary Judgment filed by Heather J Killinger. (Bodey, Michael) |
| Filing 32 NOTICE by Heather J Killinger of to-be-adjudicated claims and aff. defenses (Casey, Brandon) |
| Filing 31 NOTICE by Progressive Direct Insurance Company of to-be Adjudicated Claims and Affirmative Defenses (Jensen, Steven) |
| Filing 30 STATUS REPORT by Progressive Direct Insurance Company. (Jensen, Steven) |
| Filing 29 STATEMENT OF Undisputed Material FACTS re #26 MOTION for Summary Judgment filed by Progressive Direct Insurance Company. (Jensen, Steven) |
| Filing 28 DECLARATION by Stephanie Mason in Support re #26 MOTION for Summary Judgment filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Jensen, Steven) |
| Filing 27 DECLARATION by Steven D. Jensen in Support re #26 MOTION for Summary Judgment filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Jensen, Steven) |
| Filing 26 MOTION for Summary Judgment by Progressive Direct Insurance Company. Motion Hearing set for 3/24/2023 Without Oral Argument before Judge Mary K. Dimke. (Attachments: #1 Proposed Order)(Jensen, Steven) |
| Filing 25 REPLY MEMORANDUM re #21 MOTION to Exclude Expert Testimony filed by Progressive Direct Insurance Company. (Jensen, Steven) |
| Filing 24 MOTION for Discovery by Heather J Killinger. Motion Hearing set for 2/27/2023 Without Oral Argument before Judge Mary K. Dimke. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Bodey, Michael) |
| Filing 23 NOTICE by Heather J Killinger (Attachments: #1 Supplement)(Bodey, Michael) |
| Filing 22 DECLARATION by Steven D. Jensen in Support re #21 MOTION to Exclude Expert Testimony filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Jensen, Steven) |
| Filing 21 MOTION to Exclude Expert Testimony by Progressive Direct Insurance Company. Motion Hearing set for 2/27/2023 Without Oral Argument before Judge Mary K. Dimke. (Attachments: #1 Proposed Order)(Jensen, Steven) |
| Filing 20 Disclosure of Expert Witnesses Pursuant to Fed. R. Civ. P. 26(a)(2) AMENDED by Heather J Killinger. (Attachments: #1 Exhibit Mary Owen CV, #2 Exhibit Mary Owen Report, #3 Exhibit Paula Lantsberger Report)(Bodey, Michael) |
| Filing 19 Disclosure of Expert Witnesses Pursuant to Fed. R. Civ. P. 26(a)(2) by Progressive Direct Insurance Company. (Attachments: #1 Exhibit 1)(Jensen, Steven) |
| Filing 18 Disclosure of Expert Witnesses Pursuant to Fed. R. Civ. P. 26(a)(2) by Heather J Killinger. (Attachments: #1 Exhibit Expert CV, #2 Exhibit Expert Report)(Bodey, Michael) |
| Filing 17 AFFIDAVIT by Peter Weber RE: Subpoena Deposition - Wojahn Karen by Heather J Killinger. (Bodey, Michael) |
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Filing 16
ORDER GRANTING #15 STIPULATED MOTION TO CONTINUE AND THIRD BENCH TRIAL SCHEDULING ORDER. Pretrial Conference set for 3/1/2023 is RESET to 6/28/2023 at 01:30 PM in Spokane Courtroom 901. Bench Trial set for 3/20/2023 is RESET to 7/17/2023 at 09:00 AM in Spokane Courtroom 901, beginning with the Final Pretrial Conference at 08:30 AM. Signed by Judge Mary K. Dimke. (LTR, Case Administrator)
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| Filing 15 Stipulated MOTION to Continue All Case Schedule Dates by Progressive Direct Insurance Company. Motion Hearing set for 6/21/2022 Without Oral Argument before Judge Mary K. Dimke. (Attachments: #1 Text of Proposed Order)(Jensen, Steven) |
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Filing 14
SECOND (AMENDED) BENCH TRIAL SCHEDULING ORDER: Pretrial Conference set for 3/1/2023 at 01:30 PM in Spokane Courtroom 901. Bench Trial set for 3/20/2023 at 09:00 AM in Spokane Courtroom 901, with a Final Pretrial Conference at 08:30 AM. Signed by Judge Mary K. Dimke. (AY, Case Administrator) Modified on 3/29/2022 to clarify title of order (AY, Case Administrator).
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| Filing 13 DECLARATION of Michael L. Bodey Re: Return of Service by Heather J Killinger. (Attachments: #1 Exhibit Letter to OIC, #2 Exhibit Return of Service from OIC)(Bodey, Michael) |
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Filing 12
AMENDED BENCH TRIAL SCHEDULING ORDER: Pretrial Conference set for 3/1/2023 at 01:30 PM in Spokane Courtroom 901; Final Pretrial Conference set for 3/20/2023 at 08:30 AM; and Bench Trial set for 3/20/2023 at 09:00 AM in Spokane Courtroom 901 before Judge Mary K. Dimke. Signed by Judge Mary K. Dimke. (TR, Case Administrator)
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Filing 11
STIPULATED PROTECTIVE ORDER. Signed by Judge Mary K. Dimke. (AY, Case Administrator)
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Filing 10
BENCH TRIAL SCHEDULING ORDER: Pretrial Conference set for 3/1/2023 at 01:30 PM in Spokane Courtroom 902. Bench Trial set for 3/20/2023 at 09:00 AM in Spokane Courtroom 902, with a Final Pretrial Conference at 08:30 AM. Signed by Judge Mary K. Dimke. (AY, Case Administrator)
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| Filing 9 Minute Entry for VIDEO CONFERENCE proceedings held before Judge Mary K. Dimke: Scheduling Conference held on 3/17/2022. (Reported by: Marilynn McMartin) (LLH, Courtroom Deputy) |
| Filing 8 Joint Certificate Pursuant to Rule 26 / Rule 16 Joint Status Report by All Plaintiffs. (Attachments: #1 Stipulated Protective Order)(Bodey, Michael) |
| Filing 7 SCHEDULING CONFERENCE NOTICE: Scheduling Conference set for 3/17/2022 at 3:15 PM via Video Conference before Judge Mary K. Dimke. (Attachments: #1 Consent to Magistrate Form)(LLH, Courtroom Deputy) |
| Filing 6 ANSWER to Complaint by Progressive Direct Insurance Company.(Jensen, Steven) |
| Filing 5 DECLARATION of Steven D. Jensen Verification of State Court Records by Progressive Direct Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit)(Jensen, Steven) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Progressive Direct Insurance Company. (Jensen, Steven) |
| Filing 3 NOTICE by Progressive Direct Insurance Company To Plaintiff of Removal To Federal Court (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Jensen, Steven) |
| Filing 2 DECLARATION of Steven D. Jensen re #1 Notice of Removal by Progressive Direct Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit)(Jensen, Steven) |
| Filing 1 NOTICE OF REMOVAL Filing fee $402; Receipt #AWAEDC-3964341 Filed by Progressive Direct Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(Jensen, Steven) |
| Notice of Judge Assignment. Judge Mary K. Dimke assigned to case. (AY, Case Administrator) |
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| Plaintiff: Heather J Killinger | |
| Represented By: | Brandon Casey |
| Represented By: | Michael Lee Bodey |
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| Defendant: Progressive Direct Insurance Company | |
| Represented By: | Steven Douglas Jensen |
| Represented By: | Michael J Morgan |
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