Upper Ohio Valley Italian Heritage Festival, Inc. et al v. The Burlington Insurance Company
Plaintiff: Upper Ohio Valley Italian Heritage Festival, Inc. and AIG Property Casualty, Inc.
Defendant: The Burlington Insurance Company
Case Number: 5:2018cv00120
Filed: July 17, 2018
Court: US District Court for the Northern District of West Virginia
Office: Wheeling Office
County: Ohio
Presiding Judge: Frederick P Stamp
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 24, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2018 Filing 12 RESPONSE in Opposition re #11 MOTION to Strike #10 Reply to Response to Motion to Remand filed by AIG Property Casualty, Inc., Upper Ohio Valley Italian Heritage Festival, Inc.. (Kepple, Mark)
September 13, 2018 Filing 11 MOTION to Strike #10 Reply to Response to Motion to Remand by The Burlington Insurance Company. (Hettrich, Jordan)
September 12, 2018 Filing 10 REPLY to Response to Motion re #5 MOTION to Remand to State Court filed by AIG Property Casualty, Inc., Upper Ohio Valley Italian Heritage Festival, Inc.. (Kepple, Mark)
September 5, 2018 Opinion or Order Filing 9 SCHEDULING ORDER: Joinder & Amendments due by 2/27/2019. Discovery due by 5/1/2019. Motions due by 5/15/2019. Joint Pretrial Order due by 6/30/2019. Pretrial Conference /Final Settlement Conference set for 7/5/2019 10:00 AM in Judge Stamp Chambers before Senior Judge Frederick P. Stamp Jr. Jury Selection/Jury Trial set for 7/30/2019 08:30 AM in Wheeling District Judge Courtroom, South before Senior Judge Frederick P. Stamp Jr. Signed by Senior Judge Frederick P. Stamp, Jr. on 9/5/18. (lmm)
September 4, 2018 Filing 8 REPORT of Rule 26(f) Planning Meeting. (Smith, Timothy)
August 28, 2018 Filing 7 RESPONSE in Opposition re #5 MOTION to Remand to State Court filed by The Burlington Insurance Company. (Attachments: #1 Exhibit)(Hettrich, Jordan)
August 23, 2018 Filing 6 Corporate Disclosure Statement by The Burlington Insurance Company. (Hettrich, Jordan)
August 16, 2018 Filing 5 MOTION to Remand to State Court by AIG Property Casualty, Inc., Upper Ohio Valley Italian Heritage Festival, Inc.. (Attachments: #1 Exhibit A, #2 Attachment Memorandum, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Kepple, Mark)
July 20, 2018 Filing 4 REPLY to Response to Motion re #2 MOTION to Dismiss Plaintiffs' Complaint for Failure to State a Claim or in the Alternative, Motion for Summary Judgment filed by The Burlington Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hettrich, Jordan)
July 18, 2018 Opinion or Order Filing 3 FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 8/28/2018. Rule 26 Meeting Report due by 9/4/2018. Discovery due by 9/25/2018. Signed by Senior Judge Frederick P. Stamp, Jr. on 7/18/18. (lmm)
July 17, 2018 Filing 2 MOTION TO DISMISS PLAINTIFFS' COMPLAINT FOR FAILURE TO STATE A CLAIM PURSUANT TO RULE 12(b)(6) OF THE WEST VIRGINIA RULES OF CIVIL PROCEDURE, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT by The Burlington Insurance Company. (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Exhibit A - Contract Agreement, #3 Exhibit B - Certificate of Liability Insurance, #4 Exhibit C - McDaniels' Complaint, #5 Exhibit D - McDaniels' Answer, #6 Exhibit E - McDaniels' Third Party Complaint, #7 Exhibit F - McDaniels' Order, #8 Exhibit G - McDaniels' Policy, #9 Exhibit 2 - McDaniels' JCJ MSJ, #10 Exhibit 3 - Response to MSJ, #11 Memorandum & Support)(lmm) Modified on 7/18/2018 to add correct attorneys to case. NEF REGEN. (lmm).
July 17, 2018 Filing 1 NOTICE OF REMOVAL with State Court Papers from Circuit Court of Ohio County, (case number 18-C-79), filed by The Burlington Insurance Company. Filing Fee $400 - Receipt #0424-2628389. (Attachments: #1 Exhibit A1 - State Court Docket and Pleadings, #2 Exhibit A2 - State Court Docket and Pleadings, #3 Exhibit A3 - State Court Docket and Pleadings, #4 Exhibit A4 - State Court Docket and Pleadings, #5 Exhibit B - original Notice of Removal, #6 Exhibit C - Plaintiff's Motion to Remand, #7 Exhibit D - Memorandum, #8 Exhibit E - Reply Brief, #9 Exhibit F - Motion to Remand, #10 Exhibit G - 7/13/18 Letter, #11 Civil Cover Sheet)(lmm) Modified on 7/18/2018 to add correct attorneys to case. NEF REGEN (lmm).

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Plaintiff: Upper Ohio Valley Italian Heritage Festival, Inc.
Represented By: Ronald W Zavolta
Represented By: Jordan M. Laird
Represented By: Mark A. Kepple
Represented By: Morgan S. McKee
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Plaintiff: AIG Property Casualty, Inc.
Represented By: Ronald W Zavolta
Represented By: Jordan M. Laird
Represented By: Mark A. Kepple
Represented By: Morgan S. McKee
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Defendant: The Burlington Insurance Company
Represented By: Jordan C. Hettrich
Represented By: Timothy R. Smith
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