Uncork and Create LLC v. The Cincinnati Insurance Company et al
| Uncork and Create LLC |
| The Cincinnati Insurance Company, The Cincinnati Indemnity Company and The Cincinnati Casualty Company |
| 2:2020cv00401 |
| June 12, 2020 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Irene C Berger |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 23, 2021. A more recent docket listing may be available from PACER.
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| Filing 50 NOTICE OF APPELLATE CASE OPENING BY 4CCA re: #48 Notice of Appeal to the 4CCA in 4CCA Case No. 21-1311. Case Manager: Michael Radday. (lca) |
| Filing 49 TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via APPEAL TRANSMITTAL SHEET re: #48 Notice of Appeal to the 4CCA. (kew) |
| Filing 48 NOTICE OF APPEAL WITH FEE PAID by Uncork and Create LLC as to #32 Memorandum Opinion and Order, #33 Judgment Order, #47 Memorandum Opinion and Order. Filing Fee $505. Receipt # AWVSDC-7908032. (Lynch, Gary) |
Filing 47
MEMORANDUM OPINION AND ORDER denying #35 MOTION to Amend Judgment or Certify Dispositive Issues. Signed by Judge Irene C. Berger on 3/15/2021. (cc: counsel of record; any unrepresented party) (lca)
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| Filing 46 NOTICE of Supplemental Authorities in Support of the Cincinnati Defendants' Opposition to Plaintiff's Motion to Amend or in the Alternative, Motion to Certify by The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company. (Attachment: #1 Memorandum Opinion and Order)(Gill, Trisha) |
| Filing 45 REPLY by Uncork and Create LLC to #44 Brief In Opposition (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lynch, Gary) (Modified on 1/5/2021 to remove link to #35 motion) (ts). |
| Filing 44 RESPONSE by The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company in opposition to #35 MOTION by Uncork and Create LLC to Amend #33 Judgment, or, Alternatively, to Certify Dispositive Issues of West Virginia Law to the Supreme Court of Appeals of West Virginia (Gill, Trisha) |
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Filing 43
ORDER granting #42 Joint Motion to Extend Time to File Opposition and Reply to #35 Motion to Amend Judgment, or, Alternatively, to Certify Dispositive Issues of West Virginia Law to the Supreme Court of Appeals of West Virginia; Defendants' deadline to file a response in opposition is extended to 12/21/2020 and Plaintiff's deadline to file a reply brief is extended to 01/04/2021. Signed by Judge Irene C. Berger on 12/14/2020. (cc: counsel of record; any unrepresented party) (kew)
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| Filing 42 JOINT MOTION by The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Uncork and Create LLC to Extend Time to File Opposition and Reply to #35 Motion to Amend Judgment, or, Alternatively, to Certify Dispositive Issues of West Virginia Law to the Supreme Court of Appeals of West Virginia (Gill, Trisha) (Modified on 12/14/2020 to add link to #35 motion, convert event to motion to extend and to add party filers) (ts). |
| Filing 41 STATEMENT OF VISITING ATTORNEY by Elizabeth Taylor on behalf of Uncork and Create LLC. Local counsel: David R Barney Jr. Fee $50.00. Receipt # AWVSDC-7824869. (Barney, David) |
| Filing 40 STATEMENT OF VISITING ATTORNEY by Colin Wrabley on behalf of Uncork and Create LLC. Local counsel: David R Barney Jr. Fee $50.00. Receipt # AWVSDC-7824857. (Barney, David) |
| Filing 39 STATEMENT OF VISITING ATTORNEY by Matthew Louik on behalf of Uncork and Create LLC. Local counsel: David R Barney Jr. Fee $50.00. Receipt # AWVSDC-7824851. (Barney, David) |
| Filing 38 STATEMENT OF VISITING ATTORNEY by James Martin on behalf of Uncork and Create LLC. Local counsel: David R Barney Jr. Fee $50.00. Receipt # AWVSDC-7824847. (Barney, David) |
| Filing 37 STATEMENT OF VISITING ATTORNEY by George L. Stewart on behalf of Uncork and Create LLC. Local counsel: David R Barney Jr. Fee $50.00. Receipt # AWVSDC-7824845. (Barney, David) |
| Filing 36 MEMORANDUM OF LAW by Uncork and Create LLC in support of #35 MOTION by Uncork and Create LLC to Amend #33 Judgment, or, Alternatively, to Certify Dispositive Issues of West Virginia Law to the Supreme Court of Appeals of West Virginia (Lynch, Gary) |
| Filing 35 MOTION by Uncork and Create LLC to Amend #33 Judgment, or, Alternatively, to Certify Dispositive Issues of West Virginia Law to the Supreme Court of Appeals of West Virginia (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lynch, Gary). (Modified on 12/3/2020 to add event to certify) (ts). |
| Filing 34 TRANSMITTED CERTIFIED COPY of #33 Judgment Order to attorneys and any unrepresented party. (lca) |
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Filing 33
JUDGMENT ORDER directing that this case be dismissed and stricken from the docket. Signed by Judge Irene C. Berger on 11/4/2020. (cc: counsel of record; any unrepresented party) (lca)
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Filing 32
MEMORANDUM OPINION AND ORDER granting #12 Motion to Dismiss. Directing that any pending motions be terminated as moot and this matter be dismissed from the Court's docket. Signed by Judge Irene C. Berger on 11/2/2020. (cc: counsel of record; any unrepresented party) (lca)
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| Filing 31 NOTICE of Supplemental Authority by Uncork and Create LLC re: #18 Response In Opposition (Attachments: #1 Exhibit A - Blue Springs Dental Care v. Owners Ins. Co., #2 Exhibit B - Francois Inc. v. Cincinnati Ins. Co., #3 Exhibit C - K.C. Hopps v. Cincinnati Ins. Co., #4 Exhibit D - Urogynecology Specialist of Fla. LLC v. Sentinel Ins. Co., Ltd., #5 Exhibit E - Ridley Park Fitness, LLC v. Philadelphia Indemnity Ins. Co.,, #6 Exhibit F - North State Deli, LLC, et al v. The Cincinnati Ins. Co.)(Lynch, Gary) |
| Filing 30 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff Uncork and Create LLC (Iverson, Kelly) |
| Filing 29 NOTICE of Supplemental Authorities in Support of #12 Motion to Dismiss and its Reply to Plaintiff's Response to Motion to Dismiss by The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gill, Trisha) |
| Filing 28 NOTIFICATION FROM JUDICIAL PANEL ON MULTIDISTRICT LITIGATION re: Order Denying Transfer in MDL 2962. (ts) |
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Filing 27
BIFURCATED SCHEDULING ORDER directing that the scheduling conference previously scheduled for 10/7/2020 is cancelled and the case shall proceed as follows: Joinder of Parties, amended pleadings due by 12/18/2020. Discovery requests to be completed by 4/12/2021, the parties shall complete all discovery requests relating to class certification and liability by 3/19/2021. Depositions by 5/5/2021. Plaintiff shall file any motion for class certification by 8/23/2021. The parties shall submit a revised Rule 26(f) report by 9/23/2021. Signed by Judge Irene C. Berger on 10/1/2020. (cc: counsel of record; any unrepresented party) (lca)
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Filing 26
ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(b): Setting forth procedures to govern the inadvertent production of privileged or confidential documents. Signed by Magistrate Judge Omar J. Aboulhosn on 10/1/2020. (cc: counsel of record; any unrepresented party) (mk)
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| Filing 25 WORKSHEET FOR REPORT OF PARTIES' PLANNING MEETING by The Cincinnati Insurance Company. (Gill, Trisha) |
| Filing 24 PROPOSED ORDER Order Governing the Inadvertent Disclosure of Documents or Other Material Under Rule +502(b) by The Cincinnati Insurance Company. (Gill, Trisha) |
| Filing 23 RULE 26(f) REPORT OF PLANNING MEETING by The Cincinnati Insurance Company, Uncork and Create LLC, The Cincinnati Casualty Company, The Cincinnati Indemnity Company. (Gill, Trisha) (Modified on 10/1/2020 to add party filers) (kew). |
| Filing 22 REPLY MEMORANDUM by The Cincinnati Insurance Company to #18 Response In Opposition. (Attachment: #1 Exhibit A)(Gill, Trisha) |
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Filing 21
ORDER granting the parties' Consent #20 MOTION to Extend Time to File Rule 26 Report and directing that the Rule 26 Report be submitted no later than 9/30/2020. Signed by Judge Irene C. Berger on 9/23/2020. (cc: counsel of record; any unrepresented party) (msa)
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| Filing 20 CONSENT MOTION by The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Uncork and Create LLC to Extend Time to File Rule 26 Report. (Attachment: #1 Proposed Order)(Gill, Trisha) (Modified on 9/23/2020 to add party filer) (kew). |
| NOTICE OF DOCKET CORRECTION re: #19 Statement of Visiting Attorney. ERROR: Statement did not contain electronic signatures. CORRECTION: Signatures added and image replaced. (kew) |
| Filing 19 STATEMENT OF VISITING ATTORNEY from Michael K. Farrell on behalf of The Cincinnati Indemnity Company, The Cincinnati Insurance Company, The Cincinnati Casualty Company. Local counsel: J. Philip Fraley. Fee $50.00. Receipt # AWVSDC-7744910. (Attachment: #1 Exhibit A)(Gill, Trisha) (Modified on 9/23/2020 to correct signatures and replace image) (kew). |
| Filing 18 RESPONSE by Uncork and Create LLC in opposition to #12 MOTION by The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company to Dismiss #1 Class Action Complaint. (Attachment: #1 Exhibit A)(Lynch, Gary) |
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Filing 17
ORDER granting #16 Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss or to Amend Its Complaint; any response to the motion to dismiss or amended complaint pursuant to Rule 15(a)(1)(B) is directed to be filed by 9/21/2020. Signed by Judge Irene C. Berger on 8/31/2020. (cc: counsel of record; any unrepresented party) (kew)
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| Filing 16 UNOPPOSED MOTION by Uncork and Create LLC for Extension of Time to Respond to #12 Motion to Dismiss #1 Complaint or to Amend #1 Complaint. (Attachment: #1 Proposed Order)(Lynch, Gary) |
| Filing 15 COPY OF NOTICE OF HEARING SESSION set for 9/24/2020 from the Judicial Panel on Multidistrict Litigation. (Original filed before the United States Judicial Panel on Multidistrict Litigation) (kew) |
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Filing 14
ORDER AND NOTICE: Rule 12(b) Motions 9/9/2020. Rule 26(f) Meeting 9/16/2020. Last day to file report of Rule 26(f) Meeting 9/23/2020. Scheduling Conference at 2:00 PM on 10/7/2020 in Charleston. Entry of Scheduling Order 10/14/2020. Last Day to make Rule 26(a)(1) disclosures 10/21/2020. Signed by Judge Irene C. Berger on 8/18/2020. (cc: counsel of record; any unrepresented party) (kew)
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| Filing 13 BRIEF by The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company in support of #12 MOTION by The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company to Dismiss #1 Class Action Complaint. (Gill, Trisha) |
| Filing 12 MOTION by The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company to Dismiss #1 Class Action Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gill, Trisha) (Modified on 8/17/2020 to add link to #1 complaint) (kew). |
| Filing 11 STATEMENT OF VISITING ATTORNEY from Kelly K Iverson on behalf of Uncork and Create LLC. Local counsel: David R Barney Jr. Fee $50.00. Receipt # AWVSDC-7684421. (Barney, David) |
| Filing 10 STATEMENT OF VISITING ATTORNEY from Gary F. Lynch on behalf of Uncork and Create LLC. Local counsel: David R Barney Jr. Fee $50.00. Receipt # AWVSDC-7684411. (Barney, David) |
| Filing 9 STIPULATION FOR ENLARGEMENT OF TIME to Answer the #1 Complaint to 8/17/2020 by The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, Uncork and Create LLC. (Gill, Trisha) (Modified on 7/16/2020 to add party filer) (kew). |
| Filing 8 NOTICE OF APPEARANCE by Christopher M. Moreland on behalf of The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company. (Moreland, Christopher) |
| Filing 7 NOTICE OF APPEARANCE by Trisha A. Gill on behalf of The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company. (Gill, Trisha) |
| Filing 6 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 6/26/2020 as to The Cincinnati Casualty Company. Certified Mail Number: 92148901125134100002727144. (mk) |
| Filing 5 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 6/26/2020 as to The Cincinnati Insurance Company. Certified Mail Number: 92148901125134100002727137. (mk) |
| Filing 4 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 6/26/2020 as to The Cincinnati Indemnity Company. Certified Mail Number: 92148901125134100002727151. (ts) |
| Filing 3 ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Discovery. (cc: attys; any unrepresented party) (klc) |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to The Cincinnati Casualty Company, The Cincinnati Indemnity Company, The Cincinnati Insurance Company, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons as to The Cincinnati Indemnity Company, #2 Summons as to The Cincinnati Insurance Company) (kew) |
| Filing 1 COMPLAINT. Filing Fee $400.00. Receipt # AWVSDC-7643846. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Summons as to The Cincinnati Casualty Company, #4 Proposed Summons as to The Cincinnati Indemnity Company, #5 Proposed Summons as to The Cincinnati Insurance Company, #6 Civil Cover Sheet) (kew) |
| CASE assigned to Judge Irene C. Berger. (klc) |
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