Shirts 'N More, Inc. et al v. Nationwide Insurance Company of America et al
| Shirts 'N More, Inc., James Nolte and Tracey Nolte |
| Nationwide Insurance Company of America and Fahey-Leavitt Insurance Agency, Inc. |
| 5:2023cv00051 |
| February 17, 2023 |
| US District Court for the Northern District of West Virginia |
| John Preston Bailey |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on April 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 20 CERTIFICATE OF SERVICE by James Nolte Plaintiffs First Set of Requests for Production of Documents to Defendant Nationwide Insurance Company of America. (Ratcliffe, Paul) |
Filing 19
SCHEDULING ORDER: Joinder & Amendments due by 6/1/2023; Discovery due by 12/8/2023; Motions due by 1/8/2024; Responses due by 1/29/2024; Replies due by 2/9/2024; Joint Pretrial Order due by 3/28/2024; Final Pretrial Conference set for 4/8/2024 3:00 PM in Wheeling, WV; Jury Selection/Jury Trial set for 4/16/2024 9:00 AM in Wheeling, WV. Signed by District Judge John Preston Bailey on 4/3/2023. (ag)
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Filing 18
ORDER SETTING DEPOSITION PROTOCOL. Signed by District Judge John Preston Bailey on 4/3/2023. (ag)
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Filing 17
AGREED ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(b). Signed by District Judge John Preston Bailey on 4/3/2023. (ag)
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Filing 16
PROTECTIVE ORDER. Signed by District Judge John Preston Bailey on 4/3/2023. (ag)
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| Filing 15 Joint MOTION for Protective Order , 502(B) Order and Deposition Protocol Order by Nationwide Insurance Company of America. (Attachments: #1 Proposed Order Exhibit A - Proposed Orders)(Bolen, J.) |
| Filing 14 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Attachment Scheduling Order Checklist)(Bolen, J.) |
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Filing 13
ORDER GRANTING MOTION TO DISMISS AND DENYING MOTION TO REMAND. Defendant Fahey-Leavitt Insurance Agency, Inc.'s Motion to Dismiss #3 is GRANTED, and the Clerk of this Court is directed to dismiss defendant Fahey-Leavitt Insurance Aciency, Inc. from this action, WITH PREJUDICE. Plaintiffs' Alternative Motion for Remand #9 is DENIED. Defendant Nationwide's Notice of Withdrawal #8 is GRANTED insofar as the Notice of Withdrawal was improperly docketed as a Motion. Fahey-Leavitt Insurance Agency, Inc. terminated. Signed by District Judge John Preston Bailey on 3/21/2023. (ag)(Copy to Circuit Clerk of Ohio County, West Virginia by US Mail)
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Filing 12
ORDER granting #8 Motion to Withdraw as Attorney. Attorney Alexis B Mattingly terminated. Signed by District Judge John Preston Bailey on 3/20/2023. (ag)
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| Filing 11 REPLY to Response to Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nationwide Insurance Company of America. (Attachments: #1 Exhibit A - Quotes and Letter, #2 Exhibit B - Letter)(Bolen, J.) |
| Filing 10 RESPONSE in Support re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Fahey-Leavitt Insurance Agency, Inc.. (Timony, Patrick) |
| Filing 9 RESPONSE in Opposition re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Response in Opposition to Defendant Fahey-Leavitt Insurance Agency, Inc's Motion to Dismiss and or In the Alternative Plaintiffs' Motion for Remand filed by James Nolte, Tracey Nolte. (Attachments: #1 Exhibit Letter to Fahey)(Ratcliffe, Paul) |
| Filing 8 NOTICE by Nationwide Insurance Company of America of Withdrawal (Mattingly, Alexis) Modified on 3/6/2023 to correct event type. (ag) |
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Filing 7
ORDER granting #6 Motion for Extension of Time to File Response as to #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Responses due by 3/10/2023. Signed by District Judge John Preston Bailey on 2/27/2023. (ag)
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| Filing 6 First MOTION for Extension of Time to File Response/Reply as to #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Motion to Enlarge Time to Respond to Defendant Fahey-Leavitt Insurance Agency's Motion to Dismiss by Shirts 'N More, Inc.. (Ratcliffe, Paul) |
| Filing 5 ANSWER to Complaint and Affirmative Defenses by Nationwide Insurance Company of America.(Bolen, J.) |
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Filing 4
FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING CONFERENCE: ***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 3/21/2023; Rule 26 Meeting Report due by 4/4/2023; Discovery due by 4/18/2023. Signed by District Judge John Preston Bailey on 2/21/2023. (ag)
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| Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Fahey-Leavitt Insurance Agency, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Timony, Patrick) |
| Filing 2 Corporate Disclosure Statement by Nationwide Insurance Company of America identifying Corporate Parent Nationwide Mutual Insurance Company for Nationwide Insurance Company of America.. (Bolen, J.) |
| Filing 1 NOTICE OF REMOVAL with State Court Papers from Circuit Court of Ohio County, West Virginia, (case number 23-C-6), filed by Nationwide Insurance Company of America. Filing Fee $402. Receipt #AWVNDC- AWVNDC-3651317. (Attachments: #1 Exhibit A - Copy of State Court Record, #2 Exhibit B - State Court Docket Sheet, #3 Exhibit C - copy of Notice of Filing of Notice of Removal filed in State Court, #4 Exhibit D - Consent to Removal, #5 Exhibit E - May 20, 2022 Settlement Demand, #6 Civil Cover Sheet)(nmm) |
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