Stedman et al v. Progressive Insurance Co
| Joel Stedman and Karen Joyce |
| Progressive Insurance Co., Progressive Insurance Co and Progressive Direct Insurance Co |
| 2:2018cv01254 |
| August 24, 2018 |
| US District Court for the Western District of Washington |
| Robert S Lasnik |
| Jamal N Whitehead |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.
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Filing 127
NOTICE of Unavailability of counsel Mark A Trivett for All Plaintiffs from 12/25/2023 - 12/29/2023. (Trivett, Mark)
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Filing 126
NOTICE of Unavailability of counsel Duncan Calvert Turner for All Plaintiffs from 12/25/2023 - 12/29/2023. (Turner, Duncan)
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Filing 125
ORDER granting Parties' #120 Stipulated Motion for Preliminary Approval of Class Action Settlement. The Fairness Hearing is scheduled on 1/17/2024, at 9:00 AM in Courtroom 16106 at the Seattle Courthouse. Signed by Judge Jamal N Whitehead. (SB)
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Filing 124
MINUTE ORDER: On 9/7/2023, the Court struck the parties' Stipulated Motion for Preliminary Approval and the previously scheduled Fairness Hearing because the Court was not made aware the parties had complied with the notice obligations found at 28 U.S.C. 1715(b) of the Class Action Fairness Act (CAFA). Dkt. No. #122 . Later that day, Defendant informed the Court that it had complied with the CAFA notice requirements on 8/25/2023 (eight days after the Preliminary Approval Motion was filed). Dkt. No. #123 . Accordingly, the Court REINSTATES the Stipulated Motion for Preliminary Approval. Dkt. No. #120 . The Court also REINSTATES the previously stricken Fairness Hearing scheduled for 1/17/2024. Authorized by Judge Jamal N Whitehead. (SB)
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Filing 123
DECLARATION of James R. Morrison filed by Defendant Progressive Direct Insurance Co re #120 Stipulated MOTION for Preliminary Approval of Class Action Settlement (Attachments: #1 Exhibit CAFA Notice)(Morrison, James)
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Filing 122
MINUTE ORDER: The Court STRIKES the parties' Stipulated Motion for Preliminary Approval and orders the parties to refile the motion. The Court ORDERS Defendant to serve notice as required by 28 U.S.C. 1715(b) by no later than ten days from the date class settlement papers are refiled. Defendant must file proof of timely notice with the Court. The Court may decline to approve the settlement if the parties fail to comply with this statute. The Court also STRIKES the Fairness Hearing previously scheduled for 1/17/2024. Authorized by Judge Jamal N Whitehead. (SB)
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Set/Reset Hearings: Fairness Hearing set for 1/17/2024 at 09:00 AM in Courtroom 16106 before Judge Jamal N Whitehead. (GC)
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Filing 121
DECLARATION of Mark A. Trivett filed by All Plaintiffs re #120 Stipulated MOTION for Preliminary Approval of Class Action Settlement (Attachments: #1 Exhibit 1, #2 Complaint Exhibit 2)(Trivett, Mark) Modified title of second exhibit per call from filer on 8/17/2023 (LH).
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Filing 120
Stipulated MOTION for Preliminary Approval of Class Action Settlement , filed by All Plaintiffs. (Attachments: #1 Proposed Order) Noting Date 8/17/2023, (Trivett, Mark)
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NOTICE of Docket Text Modification re #121 Declaration: Per call from filer, the name of the second attachment has been revised as Exhibit 2. (LH)
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Filing 119
MINUTE ORDER: On 6/16/2023, the Parties notified the Court that they had reached a settlement in principle, stating that they expected to present the Court with a "comprehensive agreement" for the Court's consideration within 60 days of their notice. Dkt. No. #118 . The parties also requested that the Court strike Plaintiffs' pending motions for Partial Summary Judgment and to file under seal. Dkt. Nos. #105 , #107 . Accordingly, the Court STRIKES Plaintiffs' pending motions and all associated briefing deadlines. To the extent the parties are unable to reach a conditional settlement within the time stated, the Court ORDERS that they submit a Joint Status Report with a proposed briefing schedule on Plaintiffs' motions and updated case schedule by no later than 8/18/2023. Authorized by Judge Jamal N Whitehead. (SB)
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Filing 118
NOTICE of Settlement by All Plaintiffs (Trivett, Mark)
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Filing 117
DECLARATION of Sammantha J. Tillotson filed by Defendant Progressive Direct Insurance Co re #105 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Tillotson, Sammantha)
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Filing 116
RESPONSE, by Defendant Progressive Direct Insurance Co, to #105 MOTION for Partial Summary Judgment . Oral Argument Requested. (Tillotson, Sammantha)
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Filing 115
MINUTE ORDER: On 5/26/2023, the Court held a hearing on Defendants request for additional time in which to file its response to Plaintiffs' Motion for Partial Summary Judgment. The Court issued a Minute Order that same day setting the deadlines for Defendant's response as 6/2/2023, and the deadline for Plaintiffs' reply as 6/8/2023. See Dkt. No. #113 . But the date stated in the Minute Order for Plaintiffs' reply was in error and inconsistent with the Court's oral ruling during the hearing. Accordingly, the Court corrects and resets the deadline for Plaintiffs' reply to 6/15/2023, which is consistent with the Court's prior oral ruling. Authorized by Judge Jamal N Whitehead. (SB)
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Filing 114
MINUTE ENTRY for proceedings held before Judge Jamal N Whitehead- Dep Clerk: Grant Cogswell; Pla Counsel: Mark Trivett, Daniel Whitmore, Randall Johnson; Def Counsel: James Morrison, Samantha Tillotson; CR: Marci Chatelain; Time of Hearing: 12:00PM; Courtroom: Telephonic; Telephone Conference held on 5/26/2023.The Court held a telephonic conference at the Defendant's request to discuss the MOTION for Extension of Time (Dkt. No. #111 ). The Court's rulings stated on the record can be found on Dkt. No. #113 . (GC)
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Filing 113
MINUTE ORDER: On 5/24/2023, Defendant requested a telephonic hearing on its motion to extend the deadline to file its response to Plaintiffs' Motion for Partial Summary Judgment (Dkt. No. #105 ). On 5/26/2023, the Court held a telephonic hearing on Defendant's Motion. The Court heard and considered argument from counsel. For the reasons stated on the record during the hearing, Defendant's motion is GRANTED, in part, and DENIED, in part. Accordingly, the Court sets the deadline for Defendant's response to Plaintiffs' Motion for Partial Summary Judgment as 6/2/2023, and the deadline for Plaintiffs' reply will be 6/8/2023. Signed by Judge Jamal N Whitehead. (SB)
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Filing 112
RESPONSE, by All Defendants, to #107 Motion to Seal #52 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Motion to File Under Seal. (Attachments: #1 Exhibit Declaration of Stedman)(Tillotson, Sammantha) Modified on 5/26/2023 to link to correct motion at request of filer (CDA).
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Filing 111
MOTION for Extension of Time re #105 MOTION for Partial Summary Judgment , filed by Defendant Progressive Direct Insurance Co. (Attachments: #1 Proposed Order Granting Defendant Progressive Direct Insurance Company's Opposed Motion for Extension of Time to Respond to Plaintiffs' Partial Motion Fir Summary Judgment) Noting Date 6/2/2023, (Morrison, James)
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Filing 110
ORDER granting Parties' #109 Motion to Extend Briefing Deadlines. Defendant's deadline to file its Response to Plaintiff's Motion to Seal is extended to 5/29/2023, and the Noting Date is rescheduled to 6/2/2023. Signed by Judge Jamal N Whitehead. (SB)
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Filing 109
Stipulated MOTION for Extension of Time re #107 MOTION to Seal Response and Noting Date, filed by Defendant Progressive Direct Insurance Co. (Attachments: #1 Proposed Order) Noting Date 5/19/2023, (Morrison, James)
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Filing 108
SEALED DOCUMENT Exhibits 1 & 8-11 to Declaration of Mark A. Trivett by All Plaintiffs re #107 MOTION to Seal , #106 Declaration,,, (Trivett, Mark)
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Filing 107
MOTION to Seal , filed by All Plaintiffs. (Attachments: #1 Proposed Order) Noting Date 6/2/2023 5/26/2023, (Trivett, Mark) Modified on 5/23/2023 (SB).
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Filing 106
DECLARATION of Mark A. Trivett filed by All Plaintiffs re #105 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1 (under seal), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 (under seal), #9 Exhibit 9 (under seal), #10 Exhibit 10 (under seal), #11 Exhibit 11 (under seal), #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20.1, #21 Exhibit 20.2, #22 Exhibit 20.3, #23 Exhibit 20.4, #24 Exhibit 20.5, #25 Exhibit 20.6, #26 Exhibit 20.7, #27 Exhibit 20.8, #28 Exhibit 20.9, #29 Exhibit 21)(Trivett, Mark)
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Filing 105
MOTION for Partial Summary Judgment , filed by All Plaintiffs. (Attachments: #1 Proposed Order) Noting Date 6/2/2023, (Trivett, Mark)
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Case Reassigned to Judge Jamal N. Whitehead. Judge Robert S. Lasnik no longer assigned to the case. (VE)
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Filing 104
ORDER. The Court approves the proposed Class Notice and notice program. Progressive's objection to the class definition is overruled. Signed by Judge Robert S. Lasnik. (SB)
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Filing 103
RESPONSE, by Defendant Progressive Direct Insurance Co Plaintiffs Karen Joyce, Joel Stedman, to #102 Stipulated MOTION to Distribute Class Certification Notice. (Trivett, Mark) Modified name of filing party on 1/19/2023 (LH).
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Filing 102
Stipulated MOTION to Distribute Class Certification Notice, filed by Plaintiffs Karen Joyce, Joel Stedman. (Attachments: #1 Appendix One, #2 Proposed Order) Noting Date 1/18/2023, (Trivett, Mark)
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Filing 101
ORDER granting Parties' #100 Stipulated MOTION to Modify Case Schedule and Set New Trial Date. Jury Trial is continued to 9/11/2023 at 09:00 AM before Judge Robert S. Lasnik. Attorney settlement conference to be held by 12/21/2022, Discovery to be completed by 5/5/2023, Dispositive motions due by 6/4/2023, Motions in Limine due by 8/4/2023, Agreed Pretrial Order due by 8/21/2023, Trial briefs to be submitted by 8/28/2023, Proposed voir dire/jury instructions/trial exhibits due by 8/28/2023. Signed by Judge Robert S. Lasnik. (SR)
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Filing 100
Stipulated MOTION to Modify Case Schedule and Set New Trial Date, filed by Plaintiffs Karen Joyce, Joel Stedman. (Attachments: #1 Proposed Order) Noting Date 10/21/2022, (Trivett, Mark)
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Filing 99
NOTICE of Unavailability of counsel Duncan Calvert Turner for Plaintiffs Karen Joyce, Joel Stedman from 6/28/22 to 7/7/22. (Turner, Duncan)
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Filing 98
NOTICE of Unavailability of counsel Mark A Trivett for Plaintiffs Karen Joyce, Joel Stedman from 7/7/22 to 7/12/22 and 9/1/22 to 9/21/22. (Trivett, Mark)
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Filing 97
ORDER denying Plaintiffs' #91 Motion for Leave to Amend the Complaint. Signed by Judge Robert S. Lasnik. (LH)
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Filing 96
REPLY, filed by Plaintiffs Karen Joyce, Joel Stedman, TO RESPONSE to #91 MOTION for Leave to Amend Complaint (Trivett, Mark)
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Filing 95
ORDER granting in part Plaintiffs' #86 Motion to Compel. Plaintiffs' request for an award of fees is denied. Signed by Judge Robert S. Lasnik. (LH)
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Filing 94
RESPONSE, by Defendant Progressive Direct Insurance Co, to #91 MOTION for Leave to Amend Complaint. (Karlsgodt, Paul)
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Filing 93
ORDER granting Parties' #92 Stipulated MOTION for Extension of Time re #91 MOTION for Leave to Amend Complaint. Defendant's opposition is now due 3/18/2022. Plaintiffs' reply deadline is now 3/25/2022. Signed by Judge Robert S. Lasnik. (LH)
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Filing 92
Stipulated MOTION for Extension of Time re #91 MOTION for Leave to Amend Complaint , filed by Defendant Progressive Direct Insurance Co. (Attachments: #1 Proposed Order) Noting Date 3/25/2022, (Karlsgodt, Paul)
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Filing 91
MOTION for Leave to Amend Complaint, filed by Plaintiffs Karen Joyce, Joel Stedman. (Attachments: #1 Appendix One, #2 Appendix Two, #3 Proposed Order) Noting Date 3/25/2022 3/18/2022, (Trivett, Mark) Modified noting date on 3/14/2022, per #93 Order (LH).
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Filing 90
REPLY, filed by Plaintiffs Karen Joyce, Joel Stedman, TO RESPONSE to #86 MOTION to Compel Production of Responsive Materials (Trivett, Mark)
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Filing 89
RESPONSE, by Defendant Progressive Direct Insurance Co, to #86 MOTION to Compel Production of Responsive Materials. Oral Argument Requested. (Attachments: #1 Exhibit A - Tillotson Declaration, #2 Exhibit B - Jones Declaration)(Karlsgodt, Paul)
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Filing 88
ERRATA re #86 MOTION to Compel Responses to Discovery and For Sanctions, Exhibit 1 to #87 Declaration, by Plaintiffs Karen Joyce, Joel Stedman (Attachments: #1 Appendix 1)(Trivett, Mark) Modified linkage on 2/14/2022 (LH).
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Filing 87
DECLARATION of Mark A. Trivett filed by Plaintiffs Karen Joyce, Joel Stedman re #86 MOTION to Compel Responses to Discovery and For Sanctions (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Trivett, Mark)
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Filing 86
MOTION to Compel Production of Responsive Materials Responses to Discovery and For Sanctions, filed by Plaintiffs Karen Joyce, Joel Stedman. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 2/25/2022, (Trivett, Mark) Modified title per #88 Errata on 2/14/2022 (LH).
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Filing 85
ORDER re #84 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Sammantha J Tillotson for Defendant Progressive Direct Insurance Co by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
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Filing 84
APPLICATION OF ATTORNEY Sammantha Tillotson FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Progressive Direct Insurance Co, Progressive Insurance Co (Fee Paid) Receipt No. AWAWDC-7431631 (Morrison, James)
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Filing 83
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Justin Winquist for Defendant Progressive Direct Insurance Co. (Karlsgodt, Paul)
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Filing 82
ORDER denying Plaintiffs' #66 Motion to Seal. The Clerk of Court is directed to unseal Dkt. #67 . Signed by Judge Robert S. Lasnik. (SR)
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Filing 81
FOURTH AMENDED MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES by Judge Robert S. Lasnik; Length of Trial: 3-10 days. Jury Trial is set for 3/6/2023 at 09:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. Discovery completed by 11/6/2022, Attorney settlement conference to be held by 11/20/2022, Dispositive motions due by 12/6/2022, Motions in Limine due by 2/6/2023, Pretrial Order due by 2/22/2023, Trial briefs to be submitted by 3/1/2023, Proposed voir dire/jury instructions due by 3/1/2023, Trial Exhibits due by 3/1/2023. (AD)
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Filing 80
NOTICE of Unavailability of counsel Mark A Trivett for Plaintiffs Karen Joyce, Joel Stedman from 1/17/2022 - 1/21/2022. (Trivett, Mark)
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Filing 79
AMENDED #77 ORDER Regarding the Meaning of "Based On" in Durant and Denying Progressive's #61 Motion for Summary Judgment. Signed by Judge Robert S. Lasnik. (LH)
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Filing 78
REQUEST by Plaintiffs Karen Joyce, Joel Stedman for Correction or Clarification re #77 Order on Motion for Summary Judgment, Terminate Deadlines and Hearings (Trivett, Mark)
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Filing 77
ORDER Regarding the Meaning of "Based On" in Durant and Denying Progressive's #61 Motion for Summary Judgment. Signed by Judge Robert S. Lasnik. (LH)
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re #76 JOINT BRIEF re #74 Order on Motion to Certify Class, NOTED on motion calendar for 9/17/2021, per the direction of chambers. (LH)
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Filing 76
JOINT BRIEF re #74 Order on Motion to Certify Class,, re: Meaning of "Based On" Maximum Medical Improvement as Used by the WA Supreme Court in its DURANT Decision by Plaintiffs Karen Joyce, Joel Stedman (Trivett, Mark)
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Filing 75
NOTICE of Unavailability of counsel Mark A Trivett for Plaintiffs Karen Joyce, Joel Stedman from 8/18/21 - 8/23/21. (Trivett, Mark)
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Filing 74
ORDER granting plaintiffs' #42 #50 Motion for class certification. Ms. Joyce and Mr. Stedman are appointed as representatives of the class. Plaintiffs' counsel is designated as counsel for the class. The parties shall meet and confer regarding a case management proposal to quickly and efficiently bring before the Court the issue of the meaning of "based on" as used in Durant in light of Progressive's communications with its insured. Signed by Judge Robert S. Lasnik. (PM) Modified on 7/19/2021 to add link to dkt. #50 (PM).
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Filing 73
NOTICE of Supplemental Authority re #42 MOTION to Certify Class , #64 Response to Motion for Summary Judgment by Plaintiffs Karen Joyce, Joel Stedman (Attachments: #1 Exhibit 1)(Trivett, Mark)
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Filing 72
ORDER granting Parties' #71 Stipulated Motion to Strike Trial Date. The case schedule and currently-set trial date are STRICKEN, pending determination of Plaintiff's Motion on Class Certification and related briefing. Following issuance of its certification ruling, the Court will issue a new case schedule and trial date. Signed by Judge Robert S. Lasnik. (LH)
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Filing 71
Stipulated MOTION to Strike Trial Date, filed by Plaintiffs Karen Joyce, Joel Stedman. (Attachments: #1 Proposed Order) Noting Date 4/27/2021, (Trivett, Mark)
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Filing 70
REPLY, filed by Defendant Progressive Direct Insurance Co, TO RESPONSE to #61 MOTION for Summary Judgment (Karlsgodt, Paul)
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Filing 69
ORDER granting Parties' #68 Stipulated Motion for Extension of Time. Defendant's motion for summary judgment (Dkt. #61 ) is to be noted for consideration on 4/2/2021. The reply is due on or before that date. Signed by Judge Robert S. Lasnik. (LH)
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Filing 68
Stipulated MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment, filed by Defendant Progressive Direct Insurance Co. (Attachments: #1 Proposed Order) Noting Date 3/31/2021, (Karlsgodt, Paul)
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Filing 67
SEALED DOCUMENT Exhibits 2, 23 and 24 to Johnson Declaration by Plaintiffs Karen Joyce, Joel Stedman re #66 MOTION to Seal , #65 Declaration,, (Trivett, Mark)
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Filing 66
MOTION to Seal , filed by Plaintiffs Karen Joyce, Joel Stedman. (Attachments: #1 Proposed Order) Noting Date 4/9/2021, (Trivett, Mark)
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Filing 65
DECLARATION of Randall Johnson filed by Plaintiffs Karen Joyce, Joel Stedman re #61 MOTION for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Trivett, Mark)
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Filing 64
RESPONSE, by Plaintiffs Karen Joyce, Joel Stedman, to #61 MOTION for Summary Judgment . Oral Argument Requested. (Attachments: #1 Proposed Order)(Trivett, Mark)
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Filing 63
EXHIBIT 28 re #60 Order on Motion to Seal, #51 Sealed Document, #45 Declaration,, by Plaintiffs Karen Joyce, Joel Stedman (Trivett, Mark)
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Filing 62
NOTICE that the following is RE-NOTED: #61 MOTION for Summary Judgment . Filed by Defendant Progressive Direct Insurance Co. Noting Date 3/26/2021, (Karlsgodt, Paul)
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Filing 61
MOTION for Summary Judgment , filed by Defendant Progressive Direct Insurance Co. (Attachments: #1 Proposed Order) Noting Date 4/2/2021 3/26/2021 (Karlsgodt, Paul) Modified to add noting date on 3/3/2021, per dkt. #62 (LH). Modified noting date on 4/1/2021 (LH).
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Filing 60
ORDER granting Plaintiff's #49 Motion to Seal. Exhibit 28 and the redactions regarding that testimony shall be made publicly available. Plaintiff is directed to file a publicly accessible version of Exhibit 28 and a version of the motion for class certification that redacts only the information regarding Exhibits 4 and 5. Signed by Judge Robert S. Lasnik. (LH)
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Filing 59
NOTICE of Unavailability of counsel James Raymond Morrison for Defendant Progressive Direct Insurance Co from March 1 - April 12, 2021. (Morrison, James)
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Filing 58
REPLY, filed by Plaintiffs Karen Joyce, Joel Stedman, TO RESPONSE to #42 MOTION to Certify Class (Trivett, Mark)
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Filing 57
RESPONSE, by Defendant Progressive Direct Insurance Co, to #42 MOTION to Certify Class . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Morrison, James)
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Filing 56
ORDER granting Parties' #55 Joint Motion for Extension of Time to Respond/Reply to Plaintiffs' Motion for Class Certification: The Clerk of Court is directed to renote plaintiffs' Motion for Class Certification (Dkt. #42 ) for consideration on December 18, 2020. Defendant's response is due on or before December 4, 2020, and plaintiffs' reply is due on or before December 15, 2020. Signed by Judge Robert S. Lasnik. (LH)
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Filing 55
Joint MOTION for Extension of Time to Respond/Reply to Plaintiffs' Motion for Class Certification, filed by Defendants Progressive Direct Insurance Co, Progressive Insurance Co. (Attachments: #1 Proposed Order) Noting Date 11/17/2020, (Winquist, Justin)
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Filing 54
RESPONSE, by Defendants Progressive Direct Insurance Co, Progressive Insurance Co, to #49 MOTION to Seal . (Attachments: #1 Exhibit A - Benefiel Declaration)(Winquist, Justin)
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Filing 53
ORDER granting Defendant's #52 Unopposed Motion for Extension of Time to respond to Plaintiffs' #49 MOTION to Seal: Defendant's response is due on November 16, 2020. The Clerk of Court is directed to renote the motion to seal (Dkt. #49 ) on the Court's calendar for Friday, November 20, 2020. Signed by Judge Robert S. Lasnik. (LH)
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Filing 52
Unopposed MOTION for Extension of Time to Respond to Plaintiff's Motion to File Under Seal, filed by Defendants Progressive Direct Insurance Co, Progressive Insurance Co. (Attachments: #1 Proposed Order) Noting Date 11/4/2020, (Morrison, James)
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Filing 51
SEALED DOCUMENT Exhibits 4-5, 28 to Declaration of Mark Trivett by Plaintiffs Karen Joyce, Joel Stedman re #49 MOTION to Seal , #45 Declaration,, (Turner, Duncan)
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Filing 50
SEALED DOCUMENT Motion to Certify Class by Plaintiffs Karen Joyce, Joel Stedman re #49 MOTION to Seal , #42 MOTION to Certify Class (Turner, Duncan)
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Filing 49
MOTION to Seal , filed by Plaintiffs Karen Joyce, Joel Stedman. (Attachments: #1 Proposed Order) Noting Date 11/13/2020, (Turner, Duncan)
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Filing 48
DECLARATION of Randall Johnson filed by Plaintiffs Karen Joyce, Joel Stedman re #42 MOTION to Certify Class (Turner, Duncan)
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Filing 47
DECLARATION of Daniel R. Whitmore filed by Plaintiffs Karen Joyce, Joel Stedman re #42 MOTION to Certify Class (Turner, Duncan)
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Filing 46
DECLARATION of Duncan C. Turner filed by Plaintiffs Karen Joyce, Joel Stedman re #42 MOTION to Certify Class (Turner, Duncan)
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Filing 45
DECLARATION of Mark A. Trivett filed by Plaintiffs Karen Joyce, Joel Stedman re #42 MOTION to Certify Class (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(Turner, Duncan)
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Filing 44
DECLARATION of Karen Joyce filed by Plaintiffs Karen Joyce, Joel Stedman re #42 MOTION to Certify Class (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Turner, Duncan)
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Filing 43
DECLARATION of Joel Stedman filed by Plaintiffs Karen Joyce, Joel Stedman re #42 MOTION to Certify Class (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Turner, Duncan)
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Filing 42
Redacted MOTION to Certify Class , filed by Plaintiffs Karen Joyce, Joel Stedman. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 11/27/2020, (Turner, Duncan) Modified to note this is a redacted motion on 10/28/2020 (LH).
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Filing 41
NOTICE of Change of Address/Change of Name of Attorney James Raymond Morrison. Filed by Defendant Progressive Direct Insurance Co. (Morrison, James)
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Filing 40
THIRD AMENDED ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 3-10 days. Jury Trial is set for 10/4/2021 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. Attorney settlement conference to be held by 1/27/2020, Motion for Class Certification due by 10/27/2020, Opposition to the Motion for Class Certification due by 11/23/2020, Reply to Motion for Class Certification due by 11/27/2020, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 12/1/2020, Discovery completed by 2/2/2021, Dispositive motions due by 3/2/2021, Motions in Limine due by 5/3/2021, Pretrial Order due by 6/7/2021, Trial briefs to be submitted by 7/5/2021, Proposed voir dire/jury instructions and trial exhibits due by 7/5/2021, by Judge Robert S. Lasnik. (KERR)
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Filing 39
Stipulated MOTION to Amend Case Schedule, filed by Plaintiffs Karen Joyce, Joel Stedman. (Attachments: #1 Proposed Order) Noting Date 8/24/2020, (Turner, Duncan)
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Filing 38
NOTICE of Appearance by attorney Mark A Trivett on behalf of Plaintiffs Karen Joyce, Joel Stedman. (Trivett, Mark)
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Filing 37
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Daniel A Rogers for Plaintiffs Karen Joyce, Joel Stedman. (Turner, Duncan)
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Filing 36
SECOND AMENDED ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 3-10 days. Jury Trial is set for 6/7/2021 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. Amended Pleadings due by 6/19/2020, Motion for Class Certification due on 9/1/2020, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 10/6/2020, Attorney settlement conference to be held by 12/2/2020, Discovery completed by 12/8/2020, Dispositive motions due by 1/5/2021, Motions in Limine due by 3/8/2021, Pretrial Order due by 4/12/2021, Trial briefs to be submitted by 5/10/2021, Proposed voir dire/jury instructions and trial exhibits due by 5/10/2021, by Judge Robert S. Lasnik. (KERR)
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Filing 35
Stipulated MOTION to Set New Trial Date and Case Schedule, filed by Plaintiffs Karen Joyce, Joel Stedman. (Attachments: #1 Proposed Order) Noting Date 4/27/2020, (Turner, Duncan)
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The Court declines to sign Parties' #34 Stipulated MOTION to Set New Trial Date and Case Schedule (MW)
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Filing 34
Stipulated MOTION to Set New Trial Date and Case Schedule, filed by Plaintiffs Karen Joyce, Joel Stedman. (Attachments: #1 Proposed Order) Noting Date 4/17/2020, (Turner, Duncan)
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Filing 33
CERTIFICATE of of Finality filed by the Supreme Court of Washington (opinion attached) (TH)
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Filing 32
NOTICE: Clerk's Ruling on Costs - received from the Supreme Court of Washington. (PM)
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Filing 31
NOTICE: Additional Record Filed in Supreme Court of Washington re #28 Order Certifying Question (SWT)
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Filing 30
LETTER from the Washington State Supreme Court acknowledging receipt of the #28 ORDER consolidating cases and certifying question to the Washington Supreme Court; Supreme Court No. 96931-1. (TH)
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Filing 29
NOTICE of Record Filed in Supreme Court of Washington re #28 Order Certifying Question, by Deputy Clerk (SWT)
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Filing 28
ORDER consolidating cases and certifying question to the Washington Supreme Court. The Clerk of Court shall notify the parties as soon as possible, but no more than three days, after the above-described record is filed in the Supreme Court of Washington. Signed by Judge Robert S. Lasnik. (SWT)
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Filing 27
ORDER granting in part defendant's #19 Motion for Judgment on the Pleadings; STAYING this litigation until Washington Supreme Court resolves the certified issues regarding plaintiffs' CPA claim. Signed by Judge Robert S. Lasnik. (SWT)
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Filing 26
AMENDED ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 3-10 days. Jury Trial is set for 1/6/2020 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. Motion for Class Certification due by 3/21/2019, Amended Pleadings due by 4/20/2019, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/19/2019, Discovery completed by 8/18/2019, Attorney settlement conference to be held by 8/2/2019, Dispositive motions due by 9/17/2019, Motions in Limine due by 10/27/2019, Pretrial Order due by 11/14/2019, Trial briefs to be submitted by 12/11/2019, Proposed voir dire/jury instructions and trial exhibits due by 12/11/2019, by Judge Robert S. Lasnik. (KERR)
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Filing 25
ORDER granting parties' #24 Stipulated Motion to Extend Time to File Motion for Class Certification and Amend Case Schedule. IT IS HEREBY ORDERED that the deadline to file the Motion for Class Certification is hereby continued to 3/21/2019. Signed by Judge Robert S. Lasnik. (TH)
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Filing 24
Stipulated MOTION to Extend Time to File Motion for Class Certification and Amend Case Schedule, filed by Plaintiffs Karen Joyce, Joel Stedman. (Attachments: #1 Proposed Order) Noting Date 1/29/2019, (Turner, Duncan)
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Filing 23
STIPULATED PROTECTIVE ORDER re: parties' #22 Stipulation, by Judge Robert S. Lasnik. (KERR)
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Filing 22
PROPOSED ORDER (Unsigned) Stipulated Protective Order (Attachments: #1 Exhibit Stip. Protective Order (Redline Version))(Turner, Duncan)
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Filing 21
REPLY, filed by Defendant Progressive Direct Insurance Co, TO RESPONSE to #19 MOTION for Judgment on the Pleadings and Brief in Support (Karlsgodt, Paul)
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Filing 20
RESPONSE, by Plaintiffs Karen Joyce, Joel Stedman, to #19 MOTION for Judgment on the Pleadings and Brief in Support. Oral Argument Requested. (Turner, Duncan)
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Filing 19
MOTION for Judgment on the Pleadings and Brief in Support, filed by Defendant Progressive Direct Insurance Co. (Attachments: #1 Proposed Order) Noting Date 11/30/2018, (Hineline, Curt)
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Filing 18
MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 3-10 days. Jury Trial is set for 11/4/2019 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. Joinder of Parties due by 10/26/2018, Motion for Class Certification due by 2/7/2019, Amended Pleadings due by 3/9/2019, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/8/2019, Attorney settlement conference to be held by 6/21/2019, Discovery completed by 7/7/2019, Dispositive motions due by 8/6/2019, Motions in Limine due by 9/15/2019, Pretrial Order due by 10/3/2019, Trial briefs to be submitted by 10/30/2019, Proposed voir dire/jury instructions and trial exhibits due by 10/30/2019 (KERR)
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Filing 17
JOINT STATUS REPORT signed by all parties Filed by Plaintiffs Karen Joyce, Joel Stedman.(Turner, Duncan)
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Attorney James Raymond Morrison for Progressive Direct Insurance Co added; per #16 Answer to Amended Complaint. (SWT)
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Filing 16
ANSWER to #11 Amended Complaint with JURY DEMAND by Progressive Direct Insurance Co.(Karlsgodt, Paul)
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Filing 15
ORDER granting parties' #14 Stipulated Motion; Defendant's deadline to file an answer is extended to 9/24/2018, signed by Judge Robert S. Lasnik. (SWT)
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Filing 14
Stipulated MOTION for Extension of Time to File Answer , filed by Defendant Progressive Direct Insurance Co. (Attachments: #1 Proposed Order) Noting Date 9/14/2018, (Hineline, Curt)
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Filing 13
NOTICE of Appearance by attorney Daniel A Rogers on behalf of Plaintiffs Karen Joyce, Joel Stedman. (Rogers, Daniel)
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NOTE RE Document #12 : Appearance of attorney DANIEL A. ROGERS is not proper, and notices of electronic filing will not be sent until corrected. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. This can be corrected by filing a notice of appearance. (SWT)
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Filing 12
DEMAND for JURY TRIAL by Plaintiffs Karen Joyce, Joel Stedman (Turner, Duncan)
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Party Progressive Direct Insurance Co added. Party Progressive Insurance Co terminated. (See #11 Amended Complaint) (SWT)
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Filing 11
AMENDED COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND FOR DAMAGES against All Defendants with JURY DEMAND, filed by Karen Joyce, Joel Stedman.(Turner, Duncan)
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Filing 10
ORDER re #8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Justin Winquist for Defendant Progressive Insurance Co, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 9
ORDER re #7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Casie Collignon for Defendant Progressive Insurance Co, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 8
APPLICATION OF ATTORNEY Justin Winquist FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Progressive Insurance Co (Fee Paid) Receipt No. 0981-5454852 (Morrison, James)
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Filing 7
APPLICATION OF ATTORNEY Casie Collignon FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Progressive Insurance Co (Fee Paid) Receipt No. 0981-5454842 (Morrison, James)
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Filing 6
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 9/27/2018, by Judge Robert S. Lasnik. (KERR)
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Filing 5
PRAECIPE to attach document signature page re #1 Notice of Removal, by Defendant Progressive Insurance Co (Attachments: #1 Attachment)(Karlsgodt, Paul)
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Filing 4
LETTER from Clerk to counsel re: receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (DJ)
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Filing 3
NOTICE TO FILER: Notice of Filing Deficiency** Action Required ** See Attached Letter for More Information and Instructions. (DJ)
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Judge Robert S. Lasnik added. (DJ)
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Filing 2
CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Progressive Direct Holdings, Inc., Other Affiliate Progressive Direct Insurance Company for Progressive Insurance Co.. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Progressive Insurance Co. (Karlsgodt, Paul)
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Filing 1
NOTICE OF REMOVAL from King County Superior Court, case number 18-2-18376-6; (Receipt # 0981-5448034), filed by Progressive Insurance Co.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Karlsgodt, Paul)
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