Peerless Insurance Company v. Conifer Holdings, Inc.

Federal Civil Lawsuit Michigan Eastern District Court, Case No. 2:17-cv-10223
District Judge Mark A Goldsmith, presiding
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District Judge Mark A Goldsmith
Last Updated July 29, 2025 at 3:11 AM EDT (6.8 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Indiana Insurance Company, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles W. Browning
Space Elaine M. Pohl
No Logo Peerless Insurance Company, Plaintiff

Represented by Plunkett & Cooney, PC

Name Phone Fax E-Mail
Space Charles W. Browning +1 248 594 6247 +1 248 901 4040 cbrowning@plunkettcooney.com
Space Elaine M. Pohl +1 248 901 4000 +1 248 901 4040 epohl@plunkettcooney.com
No Logo Conifer Holdings, Inc., Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Constantine N. Kallas
Space Michele L. Riker-Semon
v.
No Logo Anonymized Party [3F6B94C], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Constantine N. Kallas
Space Michele L. Riker-Semon
No Logo Conifer Holdings, Inc., Defendant

Represented by Kallas & Henk

Name Phone Fax E-Mail
Space Constantine N. Kallas +1 248 335 5450 dkallas@kallashenk.com
Space Michele L. Riker-Semon mrikersemon@kallashenk.com
No Logo Franchise Risk Solutions, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Constantine N. Kallas
No Logo Sycamore Insurance Agency, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Constantine N. Kallas
Space Michele L. Riker-Semon
No Logo Peerless Insurance Company, Counter-Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Charles W. Browning
Space Elaine M. Pohl
Attributes
Citation Section 28 U.S.C. § 2201
Nature of Suit Insurance
Jurisdiction Diversity
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
  Entries (56) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 43 Filed: 4/12/2018, Entered: 4/12/2018 Court Filing
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Legal Document (Payment Possibly Required) 42 Filed: 2/14/2018, Entered: 2/14/2018
TRANSCRIPT of Motion for Summary Judgment held on 9/14/2017. (Court Reporter/Transcriber: David B. Yarbrough) (Number of Pages: 42) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 3/7/2018. Redacted Transcript Deadline set for 3/19/2018. Release of Transcript Restriction set for 5/15/2018. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Yarbrough, David)
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Legal Document (Payment Possibly Required) 41 Filed: 2/6/2018, Entered: 2/6/2018 Court Filing
ORDER REGARDING SCHEDULE ( Response due by 3/5/2018, Reply due by 3/19/2018). Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Blank  Filed: 2/5/2018, Entered: 2/6/2018
Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 2/5/2018. (Sandusky, K)
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Blank  Filed: 2/5/2018, Entered: 2/5/2018
Set Deadlines/Hearings: TELEPHONIC Status Conference set for 2/5/2018 at 03:30 PM before District Judge Mark A. Goldsmith. Attorney for Plaintiff shall initiate the conference call and then include the Court when all parties are available by calling 313/234-5240. (Sandusky, K)
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Legal Document (Payment Possibly Required) 40 Filed: 1/24/2018, Entered: 1/24/2018 Court Filing
OPINION & ORDER Denying Plaintiffs' Motion for Summary Judgment (Dkt. 13 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Legal Document (Payment Possibly Required) 39 Filed: 1/23/2018, Entered: 1/23/2018
RESPONSE to 37 MOTION to Strike 36 MOTION for Partial Summary Judgment filed by All Defendants. (Kallas, Constantine)
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Legal Document (Payment Possibly Required) 38 Filed: 1/17/2018, Entered: 1/17/2018 Court Filing
ORDER Regarding Defendants Motion for Partial Summary Judgment (Dkt. 36 )( TELEPHONIC Status Conference set for 2/5/2018 at 03:30 PM before District Judge Mark A. Goldsmith) Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Legal Document (Payment Possibly Required) 37 Filed: 1/12/2018, Entered: 1/12/2018
MOTION to Strike 36 MOTION for Partial Summary Judgment by Indiana Insurance Company, Peerless Insurance Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - E-mail correspondence dated January 3, 2018, # 3 Exhibit B - Numatics, Inc. v. Balluff, Inc., # 4 Exhibit C - Schultz v. Burton-Moore Ford, Inc., # 5 Exhibit D - Pack v. Damon Corp., # 6 Exhibit E - White v. Michigan Dep't of Human Servs.) (Pohl, Elaine)
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Legal Document (Payment Possibly Required) 36 Filed: 12/29/2017, Entered: 12/29/2017
MOTION for Partial Summary Judgment by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit) (Kallas, Constantine)
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Blank  Filed: 11/20/2017, Entered: 11/20/2017
Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 11/20/2017. (Sandusky, K)
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Blank  Filed: 11/8/2017, Entered: 11/8/2017
Set Deadlines/Hearings: TELEPHONIC Status Conference RESET for 11/20/2017 at 04:00 PM before District Judge Mark A. Goldsmith. Plaintiffs counsel shall initiate the call, and then include the Court by calling (313) 234-5240 when all parties are on the line. (Sandusky, K)
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Legal Document (Payment Possibly Required) 35 Filed: 9/14/2017, Entered: 9/14/2017 Court Filing
NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 11/13/2017 at 04:30 PM before District Judge Mark A. Goldsmith. Plaintiffs counsel shall initiate the call, and then include the Court by calling (313) 234-5240 when all parties are on the line. (Sandusky, K)
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Blank  Filed: 9/14/2017, Entered: 9/14/2017
Minute Entry for proceedings before District Judge Mark A. Goldsmith: Motion Hearing held on 9/14/2017 re 13 MOTION for Summary Judgment filed by Peerless Insurance Company, Indiana Insurance Company. Disposition: Motion taken under advisement (Court Reporter: David Yarbrough) (Sandusky, K)
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Legal Document (Payment Possibly Required) 34 Filed: 8/5/2017, Entered: 8/5/2017 Court Filing
ORDER Granting Defendants' Motion to Expand the Record (Dkt. 28 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Legal Document (Payment Possibly Required) 33 Filed: 8/3/2017, Entered: 8/3/2017
REPLY to Response re 28 MOTION Expansion of the Record filed by Conifer Holdings, Inc.. (Kallas, Constantine)
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Legal Document (Payment Possibly Required) 32 Filed: 7/27/2017, Entered: 7/27/2017
RESPONSE to 28 MOTION Expansion of the Record filed by Indiana Insurance Company, Peerless Insurance Company. (Pohl, Elaine)
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Legal Document (Payment Possibly Required) 31 Filed: 7/17/2017, Entered: 7/17/2017 Court Filing
STIPULATION AND ORDER Granting Extension of Time for Plaintiff's to File Response in Opposition to Motion to Expand the Factual Record Regarding Motion for Summary Judgment. Response due by 7/27/2017. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Legal Document (Payment Possibly Required) 30 Filed: 7/14/2017, Entered: 7/14/2017 Court Filing
ORDER STRIKING STIPULATION (Dkt. 29 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Legal Document (Payment Possibly Required) 29 Filed: 7/14/2017, Entered: 7/14/2017
[STRICKEN] STIPULATION FOR EXTENSION OF TIME FOR PLAINTIFFS TO FILE RESPONSE IN OPPOSITION TO MOTION TO EXPAND THE FACTUAL RECORD REGARDING MOTION FOR SUMMARY JUDGMENT by Indiana Insurance Company, Peerless Insurance Company (Pohl, Elaine) Modified on 7/14/2017 (Sandusky, K).
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Blank  Filed: 7/11/2017, Entered: 7/11/2017
Set/Reset Deadlines as to 13 MOTION for Summary Judgment . Motion Hearing RESET for 9/14/2017 at 02:00 PM before District Judge Mark A. Goldsmith. (Sandusky, K)
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Legal Document (Payment Possibly Required) 28 Filed: 7/6/2017, Entered: 7/6/2017
MOTION Expansion of the Record by Conifer Holdings, Inc., 3F6B94C, Sycamore Insurance Agency, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B) (Riker-Semon, Michele)
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Blank  Filed: 5/22/2017, Entered: 5/22/2017
Set/Reset Deadlines as to 13 MOTION for Summary Judgment . Motion Hearing RESET for 7/20/2017 at 02:00 PM before District Judge Mark A. Goldsmith (Sandusky, K)
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Blank  Filed: 5/19/2017, Entered: 5/19/2017
Set/Reset Deadlines as to 13 MOTION for Summary Judgment . Motion Hearing RESET for 6/7/2017 at 11:30 AM before District Judge Mark A. Goldsmith. (Sandusky, K)
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Legal Document (Payment Possibly Required) 27 Filed: 5/19/2017, Entered: 5/19/2017 Court Filing
STIPULATION AND ORDER Granting Adjournment of Hearing. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Legal Document (Payment Possibly Required) 26 Filed: 5/5/2017, Entered: 5/5/2017
REPLY to Response re 13 MOTION for Summary Judgment filed by Indiana Insurance Company, Peerless Insurance Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 12 - First Amended Complaint (FRS Lawsuit), # 3 Exhibit 13 - FRS Trial Transcript Excerpt March 9, 2017, # 4 Exhibit 14 - FRS Trial Transcript Excerpt March 13, 2017, # 5 Exhibit 15 - Report and Recommendation and Amended Judgment Re: Steadfast Ins. Co. v. Prime Title Servs., LLC, # 6 Exhibit 16 - Opinion and Orders on Counter-Motions for Summary Disposition Re: Indiana Ins. Co. v. Maul) (Pohl, Elaine)
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Legal Document (Payment Possibly Required) 25 Filed: 5/5/2017, Entered: 5/5/2017
ANSWER to Counterclaim with Affirmative Defenses by Indiana Insurance Company, Peerless Insurance Company. (Attachments: # 1 Exhibit A - Peerless Insurance Company Commercial Policy No. CBP2786890, # 2 Exhibit B - Indiana Insurance Company Commercial Umbrella Policy No. CU 8750338) (Pohl, Elaine)
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Legal Document (Payment Possibly Required) 24 Filed: 4/25/2017, Entered: 4/25/2017 Court Filing
STIPULATION AND ORDER Granting Extension of Time for Plaintiffs to File Reply Brief in Support of Motion for Summary Judgment. (Reply due by 5/5/2017) Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Blank  Filed: 4/24/2017, Entered: 4/24/2017
Set/Reset Deadlines as to 13 MOTION for Summary Judgment . Motion Hearing RESET for 6/14/2017 at 03:30 PM before District Judge Mark A. Goldsmith. (Sandusky, K)
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Legal Document (Payment Possibly Required) 23 Filed: 4/17/2017, Entered: 4/17/2017
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Conifer Holdings, Inc. (Kallas, Constantine)
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Legal Document (Payment Possibly Required) 22 Filed: 4/17/2017, Entered: 4/17/2017
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Sycamore Insurance Agency, Inc. (Kallas, Constantine)
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Legal Document (Payment Possibly Required) 21 Filed: 4/14/2017, Entered: 4/14/2017
RESPONSE to 13 MOTION for Summary Judgment filed by Conifer Holdings, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit) (Kallas, Constantine)
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Legal Document (Payment Possibly Required) 20 Filed: 4/14/2017, Entered: 4/14/2017
ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand , COUNTERCLAIM filed by Conifer Holdings, Inc. against Peerless Insurance Company by Conifer Holdings, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Kallas, Constantine)
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Legal Document (Payment Possibly Required) 19 Filed: 4/14/2017, Entered: 4/14/2017
NOTICE of Voluntary Dismissal by Indiana Insurance Company, Peerless Insurance Company as to Franchise Risk Solutions, Inc. (Pohl, Elaine)
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Legal Document (Payment Possibly Required) 18 Filed: 3/31/2017, Entered: 3/31/2017 Court Filing
STIPULATED ORDER Granting Defendants, Conifer Holdings, Inc., 3F6B94C and Sycamore Insurance Agency, Inc., d/b/a Blue Spruce Underwriters an Extension of Time to Respond to Complaint and/or First Amended Complaint. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Blank  Filed: 3/31/2017, Entered: 3/31/2017
TEXT-ONLY ORDER: Upon review, the Court grants the Motion for Extension of Time to File Response (Dkt. 17 ). Defendant's Response to the Motion is due by 4/14/2017. SO ORDERED. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Legal Document (Payment Possibly Required) 17 Filed: 3/30/2017, Entered: 3/30/2017
MOTION for Extension of Time to File Response/Reply by Conifer Holdings, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Kallas, Constantine)
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Blank  Filed: 3/30/2017, Entered: 3/30/2017
TEXT-ONLY ORDER: The Court strikes the Consent Motion to Extend Time to Respond to Complaint (Dkt. 16 ). Parties shall file a stipulation and order through the CMECF utilities function. By April 3, 2017, Defendants are ordered to explain why they have not responded to the pending motion for summary judgment (Dkt. 13 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Legal Document (Payment Possibly Required) 16 Filed: 3/27/2017, Entered: 3/27/2017
[STRICKEN] CONSENT Motion to Extend Time to Respond to Complaint and/or First Amended Complaint by All Defendants (Kallas, Constantine) Modified on 3/30/2017 (Sandusky, K).
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Legal Document (Payment Possibly Required) 15 Filed: 3/3/2017, Entered: 3/3/2017
CERTIFICATE OF SERVICE re 11 Amended Complaint, 13 MOTION for Summary Judgment by Indiana Insurance Company, Peerless Insurance Company (Pohl, Elaine)
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Legal Document (Payment Possibly Required) 14 Filed: 3/3/2017, Entered: 3/3/2017 Court Filing
NOTICE OF HEARING on 13 MOTION for Summary Judgment . Motion Hearing set for 5/4/2017 at 11:00 AM before District Judge Mark A. Goldsmith (Sandusky, K)
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Legal Document (Payment Possibly Required) 13 Filed: 3/3/2017, Entered: 3/3/2017
MOTION for Summary Judgment by Indiana Insurance Company, Peerless Insurance Company. (Attachments: # 1 Index of Exhibits Appendix, # 2 Exhibit Excerpts from Peerless Policy, # 3 Exhibit Excerpts from Indiana Policy, # 4 Exhibit Franchise's Fourth Amended Complaint, # 5 Exhibit Opinion and Order Denying Conifer's MSJ, # 6 Exhibit Reservation of Rights Letter, # 7 Exhibit National Union v Alitor Inc., # 8 Exhibit Conifer's Amended Propoed Jury Verdict Form, # 9 Exhibit Docket Report, Franchise v Conifer, # 10 Exhibit Greektown v Zurich, # 11 Exhibit MacDonald&Goren v Aetna, # 12 Exhibit Veterans v Auto-Owners) (Pohl, Elaine)
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Blank  Filed: 3/3/2017, Entered: 3/3/2017
TEXT-ONLY ORDER: The Court grants the Motion for Extension of Time to File Answer to Complaint (Dkt. 12 ). Franchise Risk's answer is due by March 31, 2017. SO ORDERED. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Legal Document (Payment Possibly Required) 12 Filed: 2/28/2017, Entered: 2/28/2017
MOTION for Extension of Time to File Answer to Complaint by Franchise Risk Solutions, Inc.. (Marchand, Sterling)
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Legal Document (Payment Possibly Required) 11 Filed: 2/27/2017, Entered: 2/27/2017
AMENDED COMPLAINT with Jury Demand filed by Peerless Insurance Company, Indiana Insurance Company against All Defendants. NO NEW PARTIES ADDED. (Pohl, Elaine)
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Legal Document (Payment Possibly Required) 10 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE of Appearance by Charles W. Browning on behalf of Indiana Insurance Company, Peerless Insurance Company. (Browning, Charles)
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Legal Document (Payment Possibly Required) 9 Filed: 2/27/2017, Entered: 2/27/2017
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Peerless Insurance Company (Pohl, Elaine)
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Legal Document (Payment Possibly Required) 8 Filed: 2/27/2017, Entered: 2/27/2017
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Indiana Insurance Company (Pohl, Elaine)
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Legal Document (Payment Possibly Required) 7 Filed: 2/3/2017, Entered: 2/3/2017
CERTIFICATE of Service/Summons Returned Executed. Conifer Holdings, Inc. served on 2/2/2017, answer due 2/23/2017. (Pohl, Elaine)
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Legal Document (Payment Possibly Required) 6 Filed: 2/3/2017, Entered: 2/3/2017
CERTIFICATE of Service/Summons Returned Executed. Sycamore Insurance Agency, Inc. served on 2/2/2017, answer due 2/23/2017. (Pohl, Elaine)
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Legal Document (Payment Possibly Required) 5 Filed: 2/3/2017, Entered: 2/3/2017
CERTIFICATE of Service/Summons Returned Executed. Franchise Risk Solutions, Inc. served on 2/2/2017, answer due 2/23/2017. (Pohl, Elaine)
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Legal Document (Payment Possibly Required) 4 Filed: 2/3/2017, Entered: 2/3/2017
CERTIFICATE of Service/Summons Returned Executed. 3F6B94C served on 2/2/2017, answer due 2/23/2017. (Pohl, Elaine)
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Legal Document (Payment Possibly Required) 3 Filed: 1/30/2017, Entered: 1/30/2017 Court Filing
ORDER Regarding Certification Requirements. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)
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Blank  Filed: 1/25/2017, Entered: 1/25/2017
A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DAll)
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Legal Document (Payment Possibly Required) 2 Filed: 1/25/2017, Entered: 1/25/2017
SUMMONS Issued for *Conifer Holdings, Inc., Franchise Risk Solutions, Inc., 3F6B94C, Sycamore Insurance Agency, Inc.* (DAll)
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Legal Document (Payment Possibly Required) 1 Filed: 1/24/2017, Entered: 1/24/2017
COMPLAINT for Declaratory Judgment and Demand for Jury Trial filed by Peerless Insurance Company, Indiana Insurance Company against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-6055707 - Fee: $ 400. County of 1st Plaintiff: Suffolk - County Where Action Arose: Oakland - County of 1st Defendant: Oakland. [Previously dismissed case: No] [Possible companion case(s): None] (Pohl, Elaine)
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