Jones et al v. Progressive Universal Insurance Company et al
| Terrance Gage, Eric Jones and Herbert Bowens |
| Progressive Universal Insurance Company and Artisan and Truckers Casualty Company |
| 2:2022cv00364 |
| March 23, 2022 |
| US District Court for the Eastern District of Wisconsin |
| Pamela Pepper |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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| Filing 43 MOTION to Certify Class by Herbert Bowens, Eric Jones. (Attachments: #1 Motion for Class Certification Under Seal, #2 Ex. 1 - Graphs Under Seal, #3 Ex. 2 - Deposition of John Retton - (PUBLIC), #4 Ex. 2 - Deposition of John Retton - UNDER SEAL, #5 Ex. 3 - Policy (PUBLIC), #6 Ex. 4 - Deposition of Michael Silver- (PUBLIC), #7 Ex. 4 - Deposition of Michael Silver - UNDER SEAL, #8 Ex. 5 - Deposition of Philip Kroell - (PUBLIC), #9 Ex. 5 - Deposition of Philip Kroell - UNDER SEAL, #10 Ex. 6 - Plaintiffs' Valuation Reports (PUBLIC), #11 Ex. 7 - Lacey Report WI - UNDER SEAL, #12 Ex. 1 of Exhibit 7 - Ex. 7.1 (Lacey) Resume.pdf (PUBLIC), #13 Ex. 2 of Exhibit 7 - Class Definitions.pdf (PUBLIC), #14 Ex. 3 of Exhibit 7 - Sample Claims Review.pdf - (PUBLIC), #15 Ex. 4 of Exhibit 7 - First Row Claims Data - (PUBLIC), #16 Ex. 5 of Exhibit 7 - Annotated Data Dictionary - UNDER SEAL, #17 Ex. 6 of Exhibit 7 - Annotated Settlement Summary & MVR - PUBLIC, #18 Ex. 7 of Exhibit 7 - Plaintiffs' Damages Table (PUBLIC), #19 Ex. 8 of Exhibit 7 - Appendix - UNDER SEAL, #20 Ex. 8 - Kirk Felix Report (PUBLIC), #21 Ex. 9 - Merrit Report (PUBLIC), #22 Ex. 10 Deposition of Blaine Bogus (PUBLIC), #23 Ex. 10 Deposition of Blaine Bogus - UNDER SEAL, #24 Ex. 11 Report of Jeffrey Martin - (PUBLIC), #25 Ex A of Exhibit 11 - Resume (PUBLIC), #26 Ex B of Exhibit 11 - Ex. 11.b - Testimony (PUBLIC), #27 Ex C of Exhibit 11 - Ex. 11.c - Amended Decl. of J. Kuntz (PUBLIC), #28 Ex D of Exhibit 11 - Decl. of R. Holcomb (PUBLIC), #29 Ex. 12 - Hank Bate Decl - (PUBLIC)pdf)This document and/or certain attachments are SEALED and only viewable by permission of the court(Shamis, Andrew) |
| Filing 42 MOTION to Seal Document Plaintiff's Motion for Leave to File Materials Under Seal by Herbert Bowens, Eric Jones. (Attachments: #1 Text of Proposed Order)(Shamis, Andrew) |
| Filing 41 NOTICE of Appearance by Jacob L Phillips on behalf of Herbert Bowens, Eric Jones. Attorney(s) appearing: Jacob L. Phillips (Phillips, Jacob) |
| Filing 40 NOTICE of Appearance by Daniel S Sanders, III on behalf of Artisan and Truckers Casualty Company, Progressive Universal Insurance Company. Attorney(s) appearing: Daniel S. Sanders III (Sanders, Daniel) |
Filing 39
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 3/16/2023 re #38 Unopposed Motion to Extend Fact Discovery Deadline and Amend Scheduling Order. The court GRANTS the plaintiffs' unopposed motion to amend the scheduling order. The court ORDERS that the time for the parties to complete fact discovery is EXTENDED until the end of the day on April 14, 2023. Note: there is no document linked to this text only order. (cc: all counsel)(cb)
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| Filing 38 Unopposed MOTION for Extension of Time To Extend Fact Discovery Deadline and Amend Scheduling Order by Herbert Bowens, Eric Jones. (Attachments: #1 Text of Proposed Order Proposed Order)(Shamis, Andrew) |
| Filing 37 Joint MOTION for Protective Order and ESI Protocol by All Defendants. (Attachments: #1 Text of Proposed Order Ex. 1 - Proposed Protective Order, #2 Text of Proposed Order Ex. 2 - Proposed ESI Protocol)(Willenbrink, Zachary) |
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Filing 36
SCHEDULING ORDER signed by Chief Judge Pamela Pepper on 8/31/2022. Rule 26(a) disclosures to be exchanged by 9/16/2022. Amended pleadings due by 11/18/2022. Fact discovery due by 3/31/2023. Plaintiffs' expert witness list due by 4/14/2023. Defendants' expert witness list due by 6/23/2023. Plaintiffs' motion for class certification due 4/14/2023; opposition due 06/23/23; reply due 7/28/2023. Dispositive motions due by 11/30/2023; Civil LR 56 response and reply deadlines apply; parties to file joint status report by 11/30/2023 if they choose not to file dispositive motion. (cc: all counsel)(cb)
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| Filing 35 NOTICE of Appearance by Edwin Lee Lowther, III on behalf of Herbert Bowens, Eric Jones. Attorney(s) appearing: Edwin Lee Lowther III (Lowther, Edwin) |
| Filing 34 Joint REPORT of Rule 26(f) Plan by Herbert Bowens, Eric Jones. (Shamis, Andrew) |
| Filing 33 NOTICE of Appearance by Joseph Henry Bates, III on behalf of Herbert Bowens, Eric Jones. Attorney(s) appearing: Joseph Henry (Hank) Bates, III (Bates, Joseph) |
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Filing 32
ORDER signed by Chief Judge Pamela Pepper on 8/9/2022. Rule 26 Discovery Plan due by 8/30/2022. (cc: all counsel)(cb)
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| Filing 31 NOTICE of Appearance by Allison H White on behalf of Artisan and Truckers Casualty Company. Attorney(s) appearing: Allison Hill White (White, Allison) |
| Filing 30 NOTICE of Appearance by James Matthew Brigman on behalf of Artisan and Truckers Casualty Company. Attorney(s) appearing: James Matthew Brigman (Brigman, James) |
| Filing 29 NOTICE of Appearance by Julia C Barrett on behalf of Artisan and Truckers Casualty Company. Attorney(s) appearing: Julia C. Barrett (Barrett, Julia) |
| Filing 28 NOTICE of Appearance by Jeffrey Cashdan on behalf of Artisan and Truckers Casualty Company. Attorney(s) appearing: Jeffrey S. Cashdan (Cashdan, Jeffrey) |
| Filing 27 ANSWER to #19 Amended Complaint, with Jury Demand by Artisan and Truckers Casualty Company, Progressive Universal Insurance Company.(Willenbrink, Zachary) |
| Filing 26 NOTICE of Appearance by Zachary R Willenbrink on behalf of Artisan and Truckers Casualty Company, Progressive Universal Insurance Company. Attorney(s) appearing: Zachary R. Willenbrink (Willenbrink, Zachary) |
| Filing 25 NOTICE of Appearance by Erin M Cook on behalf of Artisan and Truckers Casualty Company, Progressive Universal Insurance Company. Attorney(s) appearing: Erin M. Cook (Cook, Erin) |
| Filing 24 NOTICE of Appearance by Christopher C Gold on behalf of All Plaintiffs. Attorney(s) appearing: Chris Gold (Gold, Christopher) |
| Filing 23 NOTICE of Appearance by Scott Adam Edelsberg, I on behalf of All Plaintiffs. Attorney(s) appearing: Scott Edelsberg (Edelsberg, Scott) |
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Filing 22
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 6/16/2022 re #21 Defendant Progressive Universal Insurance Company's Consent Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint. The court GRANTS the defendant's motion for an extension of time. The court ORDERS that the time for defendant Progressive to file an answer or other responsive pleading to the plaintiffs' amended complaint is EXTENDED until the end of the day on August 9, 2022. Note: there is no document associated with this text only order. (cc: all counsel)(cb)
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| Filing 21 Consent MOTION for Extension of Time to Respond to Plaintiffs' Amended Complaint by Progressive Universal Insurance Company. (Attachments: #1 Text of Proposed Order)(Willenbrink, Zachary) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Artisan and Truckers Casualty Company - Waiver sent on 6/9/2022. (Shamis, Andrew) |
| Filing 19 AMENDED COMPLAINT with Jury Demand against Progressive Universal Insurance Company, Artisan and Truckers Casualty Company filed by Eric Jones, Herbert Bowens. (Attachments: #1 Exhibit A- Policy, #2 Exhibit B- Eric Jones' Market Valuation Report, #3 Exhibit C- Herbert Bowens' Market Valuation Report)(Shamis, Andrew) |
| Filing 18 NOTICE of Appearance by James Matthew Brigman on behalf of Progressive Universal Insurance Company. Attorney(s) appearing: James Matthew Brigman (Brigman, James) |
| Filing 17 NOTICE of Appearance by Erin M Cook on behalf of Progressive Universal Insurance Company. Attorney(s) appearing: Erin M. Cook (Cook, Erin) |
| Filing 16 NOTICE of Appearance by Allison H White on behalf of Progressive Universal Insurance Company. Attorney(s) appearing: Allison Hill White (White, Allison) |
| Filing 15 NOTICE of Appearance by Julia C Barrett on behalf of Progressive Universal Insurance Company. Attorney(s) appearing: Julia C. Barrett (Barrett, Julia) |
| Filing 14 NOTICE of Appearance by Jeffrey Cashdan on behalf of Progressive Universal Insurance Company. Attorney(s) appearing: Jeffrey S. Cashdan (Cashdan, Jeffrey) |
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Filing 13
ORDER signed by Chief Judge Pamela Pepper on 5/19/2022. By end of day 6/8/2022, plaintiff to file either amended complaint or response to defendant's motion to dismiss. (cc: all counsel)(cb)
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| Filing 12 UNPUBLISHED Decision Compendium of Unreported Authorities in Support of Defendant's Partial Motion to Dismiss filed by Progressive Universal Insurance Company (Willenbrink, Zachary) |
| Filing 11 BRIEF in Support filed by Progressive Universal Insurance Company re #10 MOTION to Dismiss Partial Counts of the Complaint . (Willenbrink, Zachary) |
| Filing 10 MOTION to Dismiss Partial Counts of the Complaint by Progressive Universal Insurance Company. (Attachments: #1 Text of Proposed Order)(Willenbrink, Zachary) |
| Filing 9 Magistrate Judge Jurisdiction Form filed by Progressive Universal Insurance Company. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Willenbrink, Zachary) |
| Filing 8 NOTICE of Appearance by Zachary R Willenbrink on behalf of Progressive Universal Insurance Company. Attorney(s) appearing: Zachary R. Willenbrink (Willenbrink, Zachary) |
| Filing 7 Magistrate Judge Jurisdiction Form filed by Terrance Gage. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Shamis, Andrew) |
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Filing 6
TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 4/12/2022 re #5 Consent Motion for Extension of Time for Defendant to Answer or Otherwise Respond the the Complaint. The court GRANTS the defendant's consent motion for an extension of time. The court ORDERS that the time for the defendant to file an answer or other responsive pleading to the complaint is EXTENDED until the end of the day on May 18, 2022. Note: there is no document associated with this text only order. (cc: all counsel)(cb)
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| NOTICE from the clerk to parties requesting that the Consent/Refusal form to Magistrate Judge Nancy Joseph be filed within 21 days; the form is available #here. (amb) |
| Filing 5 Consent MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by Progressive Universal Insurance Company. (Attachments: #1 Text of Proposed Order)(McEntyre, Zachary) |
| Filing 4 DISCLOSURE Statement by Progressive Universal Insurance Company. (McEntyre, Zachary) |
| Filing 3 NOTICE of Appearance by Zachary A McEntyre on behalf of Progressive Universal Insurance Company. Attorney(s) appearing: Zachary A. McEntyre (McEntyre, Zachary) |
| Filing 2 SUMMONS Returned Executed by Terrance Gage. Progressive Universal Insurance Company served on 3/28/2022. (Shamis, Andrew) |
| Summons Issued as to Progressive Universal Insurance Company. (amb) |
| Filing 1 COMPLAINT with Jury Demand; against Progressive Universal Insurance Company by Terrance Gage. ( Filing Fee PAID $402 receipt number AWIEDC-4070853) (Attachments: #1 Exhibit A-Policy, #2 Exhibit B- Market Valuation Report, #3 Civil Cover Sheet, #4 Summons)(Shamis, Andrew) |
| NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (bx) |
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