Name: Frankenmuth Mutual Insurance Company v. Powell's Pride III, LLC :: Illinois Central District Court :: Federal Civil Lawsuit No. 3:18-cv-03199
Creator: Illinois Central District Court
Published: 2018-08-07
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Illinois Central District Court

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	Filed: 9/18/2019, Entered: None	Order

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	Filed: 9/18/2019, Entered: None	~Util - Terminate Civil Case

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31	Filed: 9/17/2019, Entered: None	Stipulation of Dismissal

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	Filed: 8/28/2019, Entered: None	Order

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	Filed: 8/28/2019, Entered: None	order on motion for judgment on the pleadings

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	Filed: 8/28/2019, Entered: None	~Util - Set/Reset Deadlines

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	Filed: 8/28/2019, Entered: None	1 - Terminate Deadlines and Hearings

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30	Filed: 8/28/2019, Entered: None	Notice (other)

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	Filed: 8/8/2019, Entered: None	Order

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	Filed: 8/8/2019, Entered: None	Order on Motion for Extension of Time to File Response / Reply

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	Filed: 8/8/2019, Entered: None	~Util - Set/Reset Motion and R&R Deadlines/Hearings

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29	Filed: 8/7/2019, Entered: None	Extension of Time to File Response / Reply

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28	Filed: 7/30/2019, Entered: None	Memorandum in Support of Motion/Petition

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27	Filed: 7/30/2019, Entered: None	Judgment on the Pleadings

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26	Filed: 6/4/2019, Entered: None	Discovery Plan - Proposed/Report of Rule 26(f) Planning Meeting

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	Filed: 5/7/2019, Entered: None	Notice of hearing

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	Filed: 5/7/2019, Entered: None
	NOTICE OF HEARING: Telephonic Rule 16 Scheduling Conference set Thursday, 6/6/2019, at 9:00 AM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before 6/4/2019. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(E) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB, ilcd)
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25	Filed: 5/2/2019, Entered: None	Answer to Complaint
	ANSWER to 1 Complaint, for Declaratory Judgment by Richard Powell, Powell's Pride III, LLC.(McCleery, Daniel) (Entered: 05/02/2019)
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	Filed: 4/22/2019, Entered: None
	TEXT ORDER: Defendants' Motion to Dismiss or Stay 14 is DENIED with leave to refile. The Declaratory Judgment Act provides that a federal court "may declare the rights and other legal relations" of the parties. 28 U.S.C. § 2201 (emphasis added). This language has long been interpreted as giving federal courts "unique and substantial discretion in deciding whether to declare the rights of litigants." Wilton v. Seven Falls Co., 515 U.S. 277, 286 (1995). Moreover, under the Peppers doctrine, "it is generally inappropriate for a court considering a declaratory judgment action to decide issues of ultimate facts that could bind the parties to the underlying litigation." Allstate Ins. Co. v. Kovar, 363 Ill. App. 3d 493, 501 (2006) (citing Maryland Cas. Co. v. Peppers, 64 Ill.2d 187, 197 (1976)). However, at this stage of the litigation, it is unclear whether a determination of Plaintiff's duty to defend will require the Court to decide an issue of ultimate fact. This issue is better left for determination at the summary judgment stage of the litigation. Entered by Judge Sue E. Myerscough on 4/22/2019. (MAS, ilcd)
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	Filed: 4/22/2019, Entered: None	Order on Motion to Dismiss

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24	Filed: 4/18/2019, Entered: None	Memorandum in Opposition to Motion/Petition
	MEMORANDUM in Opposition re 14 MOTION to Dismiss or Stay Plaintiff's Supplemental Brief in Opposition to Motion to Dismiss filed by Plaintiff Frankenmuth Mutual Insurance Company. (Attachments: # 1 Exhibit Exhibit A to Plaintiff's Supplemental Brief)(Apel, Steven) (Entered: 04/18/2019)
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	Filed: 4/17/2019, Entered: None	~Util - Set/Reset Deadlines

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	Filed: 4/17/2019, Entered: None	order on motion for extension of time to file

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	Filed: 4/17/2019, Entered: None	Order

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	Filed: 4/17/2019, Entered: None
	TEXT ORDER: Plaintiff's Motion for Extension of Time to File Supplemental Brief 23, to which Defendants do not object, is GRANTED. Plaintiff shall file its supplemental brief on or before April 18, 2019. Entered by Judge Sue E. Myerscough on 4/17/2019. (MAS, ilcd)
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23	Filed: 4/16/2019, Entered: None	Extension of Time to File Document
	MOTION for Extension of Time to File Supplemental Brief by Plaintiff Frankenmuth Mutual Insurance Company. Responses due by 4/30/2019 (Apel, Steven) (Entered: 04/16/2019)
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	Filed: 4/10/2019, Entered: None	Order on Motion For Leave to File.

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	Filed: 4/10/2019, Entered: None
	TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff's Unopposed Motion for Leave to File Supplemental Brief 22 is GRANTED. Plaintiff shall file the supplemental brief on or before April 16, 2019. (LB, ilcd)
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22	Filed: 4/9/2019, Entered: None	Leave to File Document
	MOTION for Leave to File Supplemental Brief by Plaintiff Frankenmuth Mutual Insurance Company. Responses due by 4/23/2019 (Dalton, John) (Entered: 04/09/2019)
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21	Filed: 4/5/2019, Entered: None	State Court Record/Other Record Received
	State Court Record Received.. (Attachments: # 1 Exhibit A)(McCleery, Daniel) (Entered: 04/05/2019)
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20	Filed: 4/5/2019, Entered: None	Notice (other)
	NOTICE of Defendant's Statement of Intent to Proceed re Order,,,, Set/Reset Deadlines:,,, (McCleery, Daniel) (Entered: 04/05/2019)
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	Filed: 3/27/2019, Entered: None	Order

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	Filed: 3/27/2019, Entered: None
	TEXT ORDER: Currently pending is Defendants' Motion to Dismiss or Stay Plaintiffs Complaint 14 . In their motion, Defendants assert that determining whether there is a duty to defend under the policy exclusions will require this Court to decide "ultimate facts" that may affect liability and the parties' rights in the underlying state court lawsuit. However, a review of the state court docket reveals that, subsequent to the briefing on the Motion to Dismiss or Stay, an amended complaint was filed in the underlying state court lawsuit. Therefore, Defendants shall file, on or before April 9, 2019, the amended complaint filed in the state court lawsuit and indicate how Defendants intend to proceed. Entered by Judge Sue E. Myerscough on 3/27/2019. (MAS, ilcd)
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	Filed: 3/27/2019, Entered: None	~Util - Set/Reset Deadlines

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19	Filed: 3/21/2019, Entered: None	Notice of Appearance of Attorney
	NOTICE of Appearance of Attorney by Steven R Apel on behalf of Frankenmuth Mutual Insurance Company (Apel, Steven) (Entered: 03/21/2019)
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18	Filed: 3/5/2019, Entered: None	Response (NOT to a motion/petition)
	Response by Frankenmuth Mutual Insurance Company Regarding Jurisdiction Pursuant to Judge's Order. (Dalton, John) (Entered: 03/05/2019)
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	Filed: 2/26/2019, Entered: None
	TEXT ORDER: This Court has a duty to evaluate its own subject matter jurisdiction. Büchel-Ruegsegger v. Büchel, 576 F.3d 451, 453 (7th Cir. 2009). In its Complaint, Plaintiff asserts that this Court has subject matter jurisdiction over this dispute under 28 U.S.C. §1332. Plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing diversity jurisdiction. See NLFC, Inc. v. Devom Mid-Am., Inc., 45 F.3d 231, 237 (7th Cir. 1995). Defendant Powell's Pride III, LLC is a limited liability company. "For diversity jurisdiction purposes, the citizenship of an LLC is the citizenship of each of its members." Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Plaintiff's Complaint does not identify the members of Powell's Pride III, LLC or their citizenship. Therefore, Plaintiff shall file, on or before March 5, 2019, a Statement identifying the citizenship of each of Powell's Pride III, LLC's members as of the date the complaint was filed. Entered by Judge Sue E. Myerscough on 2/26/2019. (MAS, ilcd)
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17	Filed: 10/29/2018, Entered: None	Response to Motion/Petition
	RESPONSE to Motion re 14 MOTION to Dismiss or Stay filed by Plaintiff Frankenmuth Mutual Insurance Company. (Dalton, John) (Entered: 10/29/2018)
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	Filed: 10/24/2018, Entered: None
	TEXT ORDER: Plaintiff has filed an Uncontested Motion for Entry of Stipulation for Dismissal and Order (d/e 13 ) pursuant to Fed. R. Civ. P. 41(a)(2), to which is attached an agreed stipulation for dismissal (d/e 13-1). Plaintiff's Motion (d/e 13 ) is GRANTED. Pursuant to the parties' stipulation, Defendants Candace Maas and Brandon Maas are DISMISSED. Entered by Judge Sue E. Myerscough on 1024/2018. (MAS, ilcd)
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	Filed: 10/24/2018, Entered: None
	TEXT ORDER: Plaintiff has filed an Unopposed Motion for Extension of Time (d/e 16 ) to file a response to Defendants Powell's Pride III, LLC, and Richard Powell's Motion to Dismiss or Stay (d/e 14 ). Plaintiff's Motion for Extension of Time (d/e 16 ) is GRANTED. Plaintiff's deadline to file a response to Defendants Powell's Pride III, LLC, and Richard Powell's Motion to Dismiss or Stay (d/e 14 ) is extended to and including October 29, 2018. Entered by Judge Sue E. Myerscough on 10/24/2018. (MAS, ilcd)
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16	Filed: 10/19/2018, Entered: None	Extension of Time to File Response / Reply
	MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss or Stay (Unopposed) by Plaintiff Frankenmuth Mutual Insurance Company. Responses due by 11/2/2018 (Attachments: # 1 Text of Proposed Order)(Dalton, John) (Entered: 10/19/2018)
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15	Filed: 10/8/2018, Entered: 10/8/2018	MEMORANDUM
	MEMORANDUM in Support re 14 MOTION to Dismiss or Stay by Richard Powell, Powell's Pride III, LLC. (Attachments: # 1 Exhibit A)(McCleery, Daniel) (Entered: 10/08/2018)
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14	Filed: 10/8/2018, Entered: 10/8/2018	Dismiss
	MOTION to Dismiss or Stay by Defendants Richard Powell, Powell's Pride III, LLC. Responses due by 10/22/2018 (McCleery, Daniel) (Entered: 10/08/2018)
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13	Filed: 10/8/2018, Entered: 10/8/2018	Dismiss
	MOTION to Dismiss (Uncontested) Motion for Entry of Stipulation for Dismissal and Order by Plaintiff Frankenmuth Mutual Insurance Company. Responses due by 10/22/2018 (Attachments: # 1 Exhibit A)(Dalton, John) (Entered: 10/08/2018)
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12	Filed: 10/2/2018, Entered: 10/2/2018	Designation of Lead Counsel
	Designation of Lead Counsel by Daniel Moenning McCleery on behalf of Richard Powell, Powell's Pride III, LLC. (McCleery, Daniel) (Entered: 10/02/2018)
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11	Filed: 10/2/2018, Entered: 10/2/2018	Notice of Appearance of Attorney
	NOTICE of Appearance of Attorney by Daniel Moenning McCleery on behalf of Richard Powell, Powell's Pride III, LLC (McCleery, Daniel) (Entered: 10/02/2018)
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10	Filed: 10/2/2018, Entered: 10/2/2018	waiver of service executed
	WAIVER OF SERVICE Returned Executed by Richard Powell. Richard Powell waiver sent on 8/21/2018, answer due 10/22/2018. (McCleery, Daniel) (Entered: 10/02/2018)
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9	Filed: 10/2/2018, Entered: 10/2/2018	waiver of service executed
	WAIVER OF SERVICE Returned Executed by Powell's Pride III, LLC. Powell's Pride III, LLC waiver sent on 8/21/2018, answer due 10/22/2018. (McCleery, Daniel) (Entered: 10/02/2018)
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8	Filed: 8/8/2018, Entered: 8/8/2018	Request for Waiver of Service & Notice of Lawsuit
	REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Brandon Maas on August 8, 2018. (Dalton, John) (Entered: 08/08/2018)
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7	Filed: 8/8/2018, Entered: 8/8/2018	Request for Waiver of Service & Notice of Lawsuit
	REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Candace Maas on August 8, 2018. (Dalton, John) (Entered: 08/08/2018)
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6	Filed: 8/8/2018, Entered: 8/8/2018	Request for Waiver of Service & Notice of Lawsuit
	REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Richard Powell on August 8, 2018. (Dalton, John) (Entered: 08/08/2018)
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5	Filed: 8/8/2018, Entered: 8/8/2018	Request for Waiver of Service & Notice of Lawsuit
	REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Powell's Pride III, LLC on August 8, 2018. (Dalton, John) (Entered: 08/08/2018)
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	Filed: 8/8/2018, Entered: None
	Filing fee: $400.00, receipt number 34626010645. (MJC, ilcd)
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4	Filed: 8/7/2018, Entered: 8/7/2018	Certificate of Interest
	CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Frankenmuth Mutual Insurance Company. (Dalton, John) (Entered: 08/07/2018)
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3	Filed: 8/7/2018, Entered: 8/7/2018	Notice (other)
	NOTICE Civil Cover Sheet re 1 Complaint, (Dalton, John) (Entered: 08/07/2018)
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2	Filed: 8/7/2018, Entered: 8/7/2018	Notice of Appearance of Attorney
	NOTICE of Appearance of Attorney by John D Dalton on behalf of Frankenmuth Mutual Insurance Company (Dalton, John) (Entered: 08/07/2018)
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1	Filed: 8/7/2018, Entered: 8/7/2018	Attorney Complaint
	COMPLAINT For Declaratory Judgment against Brandon Maas, Candace Maas, Richard Powell, Powell's Pride III, LLC (Filing fee $ 400.), filed by Frankenmuth Mutual Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit C, # 5 Exhibit D)(Dalton, John) (Entered: 08/07/2018) Attachment 1 COMPLAINT For Declaratory Judgment against Brandon Maas, Candace Maas, Richard Powell, Powell's Pride III, LLC (Filing fee $ 400.), filed by Frankenmuth Mutual Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit C, # 5 Exhibit D)(Dalton, John) (Entered: 08/07/2018) Attachment 2 COMPLAINT For Declaratory Judgment against Brandon Maas, Candace Maas, Richard Powell, Powell's Pride III, LLC (Filing fee $ 400.), filed by Frankenmuth Mutual Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit C, # 5 Exhibit D)(Dalton, John) (Entered: 08/07/2018) Attachment 3 COMPLAINT For Declaratory Judgment against Brandon Maas, Candace Maas, Richard Powell, Powell's Pride III, LLC (Filing fee $ 400.), filed by Frankenmuth Mutual Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit C, # 5 Exhibit D)(Dalton, John) (Entered: 08/07/2018) Attachment 4 COMPLAINT For Declaratory Judgment against Brandon Maas, Candace Maas, Richard Powell, Powell's Pride III, LLC (Filing fee $ 400.), filed by Frankenmuth Mutual Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit C, # 5 Exhibit D)(Dalton, John) (Entered: 08/07/2018) Attachment 5 COMPLAINT For Declaratory Judgment against Brandon Maas, Candace Maas, Richard Powell, Powell's Pride III, LLC (Filing fee $ 400.), filed by Frankenmuth Mutual Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit C, # 5 Exhibit D)(Dalton, John) (Entered: 08/07/2018)
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