Name: Winter Enterprises, LLC v. West Bend Mutual Insurance Co. :: Ohio Southern District Court :: Federal Civil Lawsuit No. 1:17-cv-00360, Judge Judge Douglas R. Cole presiding
Creator: Ohio Southern District Court
Published: 2017-05-25
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Ohio Southern District Court

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178	Filed: 9/21/2022, Entered: None	Notice of Change of Address

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177	Filed: 3/24/2022, Entered: None	Response to Motion

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176	Filed: 11/29/2021, Entered: None	Reply (non motion)

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175	Filed: 11/22/2021, Entered: None	Response in Opposition to Motion

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174	Filed: 11/9/2021, Entered: None	Strike

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173	Filed: 11/1/2021, Entered: None	Notice (Other)

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172	Filed: 10/28/2021, Entered: None	Reply to Response to Motion

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171	Filed: 10/15/2021, Entered: None	Response in Opposition to Motion

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169	Filed: 9/24/2021, Entered: None	Amend/Correct

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168	Filed: 9/24/2021, Entered: None	Miscellaneous Relief

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167	Filed: 9/15/2021, Entered: None	Judgment - Clerk

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166	Filed: 9/15/2021, Entered: None	Order on Motion to Strike

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65	Filed: 12/11/2018, Entered: None	Strike

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64	Filed: 12/11/2018, Entered: None	Affidavit

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63	Filed: 12/11/2018, Entered: None	Miscellaneous Relief

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62	Filed: 12/11/2018, Entered: None	response in opposition to motion

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	Filed: 12/20/2018, Entered: None	Discovery Conference
	Attachment 1 Attachment 2
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	Filed: 12/17/2018, Entered: None	Order on motion for extension of time to file Response/Reply

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	Filed: 12/17/2018, Entered: None	set motion and R&R deadlines/hearings

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	Filed: 12/17/2018, Entered: None	~Util _ Terminate Motions

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	Filed: 12/17/2018, Entered: None	Order

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	Filed: 5/22/2018, Entered: None	Unknown Document Type
	Notice of Correction re: 28 Reply (non motion). This document was incorrectly filed. Counsel will refile as answer and link it back to 27 . Clerk restricted entry to court users only. (jlw)
	Request

	Filed: 5/7/2018, Entered: None	Unknown Document Type
	Minute Entry: This civil action came before the Court for a Preliminary Pretrial Conference by telephone on May 7, 2018, at 10:30 a.m. Attorneys Michael Galasso, Johanna Hutchins, and Edward Proctor participated. A Calendar Order shall issue by separate entry. (jlm)
	Request

	Filed: 4/4/2018, Entered: None	Unknown Document Type
	NOTICE of Hearing and Notation Order: A Preliminary Pretrial Conference by telephone is set before Judge Timothy S. Black for 5/7/2018 at 10:30 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Before the pretrial conference counsel must comply with the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed.R.Civ.P. 26(f). THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. Pretrial procedures and forms can be found at our website at http://www.ohsd.uscourts.gov/FPBlack. Signed by Judge Timothy S. Black on 4/04/18. (jlm)
	Request

	Filed: 6/6/2017, Entered: None	Unknown Document Type
	NOTICE re 4 Corporate Disclosure Statement This document was filed without a certificate of service which is required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filing use the Certificate of Service event found under Civil Events-Initial Pleadings and Service-Service of Process and link the event to 4 when prompted. (jlw)
	Request

	Filed: 5/26/2017, Entered: None	Discovery Conference

	Request

	Filed: 7/26/2021, Entered: 7/26/2021
	NOTICE of Hearing on Motions for Summary Judgment: Motion Hearing set for 8/10/21 at 10:00 AM in Courtroom 822 before Judge Douglas R. Cole. (sct)


	Filed: 7/14/2021, Entered: 7/14/2021
	NOTICE vacating Final Pretrial Conference set for 7/19/21 at 2:00 p.m. and Jury Trial set for 8/9/21 at 9:30 a.m. (sct)


	Filed: 6/22/2021, Entered: 6/22/2021
	NOTICE of Hearing: Final Pretrial Conference reset for 7/19/21 at 2:00 PM in Chambers before Judge Douglas R. Cole. (sct)


165	Filed: 6/22/2021, Entered: 6/22/2021
	NOTICE by Defendant West Bend Mutual Insurance Co. of Withdrawal of Edward Proctor as Counsel (Connick, Thomas)
	Request

	Filed: 6/15/2021, Entered: 6/15/2021
	Minute Entry for proceedings held before Judge Douglas R. Cole: Discovery Conference by telephone held on 6/15/21. Johanna Hutchins and Michael Galasso appeared for Plaintiff; Thomas Connick appeared for Defendant. Issues related to unpaid deposition invoices discussed. The Court advised the parties that the party who noticed the deposition is responsible to pay for the actual time in deposition and reasonable preparation time. Plaintiff agreed to provide detailed invoices to the Defendant and the parties agreed to attempt to work out the issues. (sct)


	Filed: 1/25/2021, Entered: 1/25/2021
	NOTICE of Hearing: Final Pretrial Conference reset for 7/15/21 at 11:00 AM in Chambers before Judge Douglas R. Cole. Jury Trial reset for 8/9/21 at 9:30 AM in Courtroom 822 before Judge Douglas R. Cole. (sct) Modified docket text on 1/25/2021 (sct).


164	Filed: 1/21/2021, Entered: 1/21/2021
	REPLY to Response to Motion re 160 MOTION to Exclude 153 Notice (Other) Mr. Jay Fuhrmann as Expert and/or Motion to Strike Expert Reports of Mr. Jay Fuhrmann MOTION to Strike Expert Reports of Mr. Jay Fuhrmann filed by Counter Claimant West Bend Mutual Insurance Co., Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

163	Filed: 1/19/2021, Entered: 1/19/2021
	Proposed Jury Instructions by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

162	Filed: 1/8/2021, Entered: 1/8/2021
	RESPONSE to Motion re 160 MOTION to Exclude 153 Notice (Other) Mr. Jay Fuhrmann as Expert and/or Motion to Strike Expert Reports of Mr. Jay Fuhrmann MOTION to Strike filed by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

161	Filed: 1/8/2021, Entered: 1/8/2021
	AFFIDAVIT OF MICHAEL A. GALASSO REGARDING PRODUCTION OF EXPERT REPORT by Plaintiff Winter Enterprises, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Galasso, Michael)
	Request

160	Filed: 12/18/2020, Entered: 12/18/2020
	MOTION to Exclude 153 Notice (Other) Mr. Jay Fuhrmann as Expert and/or Motion to Strike Expert Reports of Mr. Jay Fuhrmann by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Appendix 1 Fuhrmann Rep, # 2 Appendix 2 Fuhrmann Supp Rep) (Connick, Thomas). Added MOTION to Strike on 12/21/2020 (kh).
	Request

159	Filed: 11/12/2020, Entered: 11/12/2020
	AFFIDAVIT re 153 Notice (Other) of James Fuhrmann by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

158	Filed: 11/12/2020, Entered: 11/12/2020
	REPLY to Response to Motion re 146 MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

157	Filed: 11/12/2020, Entered: 11/12/2020
	REPLY to Response to Motion re 147 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint filed by Counter Claimant West Bend Mutual Insurance Co., Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

	Filed: 11/2/2020, Entered: 11/2/2020
	NOTATION ORDER granting 156 Plaintiff's Unopposed Motion for Extension of Time in which to File Reply in Support of 146 PARTIAL MOTION for Summary Judgment. Reply due by 11/12/20. SO ORDERED. Signed by Judge Douglas R. Cole on 11/2/20. (sct)


156	Filed: 10/30/2020, Entered: 10/30/2020
	MOTION for Extension of Time New date requested 11/12/2020. by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

	Filed: 10/30/2020, Entered: 10/30/2020
	NOTATION ORDER granting 155 Defendant's Unopposed Motion for Extension of Time to File Reply re 147 MOTION for Summary Judgment and 148 CROSS-MOTION for Summary Judgment. Reply due by 11/12/20. SO ORDERED. Signed by Judge Douglas R. Cole on 10/30/20. (sct)


155	Filed: 10/28/2020, Entered: 10/28/2020
	MOTION for Extension of Time to File Response/Reply New date requested 11/12/2020. to file Reply in Support of Motion for Summary Judgment on Plaintiff's Second Amended Complaint and Reply in Support of Cross-Motion for Summary Judgment on Counterclaim for Declaratory Judgment by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

154	Filed: 10/19/2020, Entered: 10/19/2020
	RESPONSE in Opposition re 147 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint, 148 MOTION for Summary Judgment Cross-Motion for Summary Judgment on Counterclaim for Declaratory Judgment filed by Counter Defendant Winter Enterprises, LLC, Plaintiff Winter Enterprises, LLC. (Attachments: # 1 Exhibit Response to Proposed Undisputed Facts and Proposed Disputed Issues of Material Fact) (Galasso, Michael)
	Request

153	Filed: 10/19/2020, Entered: 10/19/2020
	NOTICE by Plaintiff Winter Enterprises, LLC of Filing of Supplemental Report of Blue Point Associates, Inc. (Attachments: # 1 Exhibit) (Galasso, Michael)
	Request

152	Filed: 10/19/2020, Entered: 10/19/2020
	AFFIDAVIT of Scott Winter by Plaintiff Winter Enterprises, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Galasso, Michael)
	Request

151	Filed: 10/19/2020, Entered: 10/19/2020
	RESPONSE to Motion re 146 MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

150	Filed: 10/19/2020, Entered: 10/19/2020
	RESPONSE to Motion re 146 MOTION for Partial Summary Judgment and Memorandum in Support Response to Proposed Undisputed Facts filed by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) (Connick, Thomas)
	Request

	Filed: 10/7/2020, Entered: 10/7/2020
	NOTATION ORDER granting 149 Parties' Joint Motion for Extension of Time to Respond to 146 Plaintiff's MOTION for Partial Summary Judgment, 147 Defendant's MOTION for Summary Judgment on Plaintiff's Second Amended Complaint, and 148 Defendant's Cross-MOTION for Summary Judgment on Counterclaim for Declaratory Judgment. Responses due by 10/19/20. SO ORDERED. Signed by Judge Douglas R. Cole on 10/7/20. (sct)


149	Filed: 10/6/2020, Entered: 10/6/2020
	Joint MOTION for Extension of Time to File Response/Reply New date requested 10/19/2020. to Dispositive Motions by Plaintiff Winter Enterprises, LLC. (Attachments: # 1 Text of Proposed Order) (Galasso, Michael)
	Request

148	Filed: 9/16/2020, Entered: 9/16/2020
	MOTION for Summary Judgment Cross-Motion for Summary Judgment on Counterclaim for Declaratory Judgment by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

147	Filed: 9/16/2020, Entered: 9/16/2020
	MOTION for Summary Judgment on Plaintiff's Second Amended Complaint by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Appendix Defendant's Proposed Undisputed Facts) (Connick, Thomas)
	Request

146	Filed: 9/16/2020, Entered: 9/16/2020
	MOTION for Partial Summary Judgment and Memorandum in Support by Plaintiff Winter Enterprises, LLC. (Attachments: # 1 Exhibit Statement of Proposed Undisputed Facts) (Galasso, Michael)
	Request

145	Filed: 9/16/2020, Entered: 9/16/2020
	NOTICE by Defendant West Bend Mutual Insurance Co. of filing exhibits to Defendant's Motion for Summary Judgment (Attachments: # 1 Appendix Property Purchase Sale Documents, # 2 Appendix KZF Designs, # 3 Appendix Code Blue Log Notes, # 4 Appendix Lanier email of 10/5/16, # 5 Appendix Emails between Lanier and Jacoby, # 6 Appendix Verification page of Mr Winter, # 7 Appendix 3/7/17 Proof of Loss, # 8 Appendix 4/4/17 email from Connick to Jacoby) (Connick, Thomas)
	Request

144	Filed: 9/16/2020, Entered: 9/16/2020
	AFFIDAVIT of Michael A. Galasso by Plaintiff Winter Enterprises, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit) (Galasso, Michael)
	Request

143	Filed: 9/16/2020, Entered: 9/16/2020
	NOTICE by Defendant West Bend Mutual Insurance Co. of filing the deposition transcript of Cathy Lanier taken 9/26/19 (Attachments: # 1 Appendix Deposition Transcript of Cathy Lanier taken 09/26/19, # 2 Appendix Exhibits to Deposition of Lanier) (Connick, Thomas)
	Request

142	Filed: 9/16/2020, Entered: 9/16/2020
	NOTICE by Defendant West Bend Mutual Insurance Co. of filing Amended Exhibits to Defendant's Motion for Summary Judgment (Attachments: # 1 Appendix Amended Declaration and Reports of Patrick Slattery) (Connick, Thomas)
	Request

141	Filed: 9/16/2020, Entered: 9/16/2020
	NOTICE by Defendant West Bend Mutual Insurance Co. of filing Exhibits to Defendant's Motion for Summary Judgment (Attachments: # 1 Appendix Declaration and Report of Andrew Moye, # 2 Appendix Declaration and Reports of Chris Johnson, # 3 Appendix Declaration and Reports of Patrick Slattery) (Connick, Thomas)
	Request

140	Filed: 9/16/2020, Entered: 9/16/2020
	NOTICE by Defendant West Bend Mutual Insurance Co. of filing the deposition transcript of James Fuhrmann taken 07/23/20 (Attachments: # 1 Appendix Deposition Transcript of James Fuhrmann, # 2 Appendix Exhibits to Deposition of Fuhrmann) (Connick, Thomas)
	Request

139	Filed: 9/16/2020, Entered: 9/16/2020
	NOTICE by Defendant West Bend Mutual Insurance Co. of filing deposition transcript of Richard Graman taken 07/24/20 (Attachments: # 1 Appendix Deposition Transcript of Richard Graman, # 2 Appendix Exhibits to Deposition of Graman) (Connick, Thomas)
	Request

138	Filed: 9/16/2020, Entered: 9/16/2020
	NOTICE by Defendant West Bend Mutual Insurance Co. of filing the deposition transcript of Thomas Bruns taken 07/20/20 (Attachments: # 1 Appendix Deposition Transcript of Thomas Bruns, # 2 Appendix Exhibits to Deposition of Bruns) (Connick, Thomas)
	Request

137	Filed: 9/16/2020, Entered: 9/16/2020
	NOTICE by Defendant West Bend Mutual Insurance Co. of filing deposition transcript of Craig Johnson taken 9/23/19 (Attachments: # 1 Appendix Deposition Transcript of Craig Johnson, # 2 Appendix Exhibits part 1 deposition of Johnson, # 3 Appendix Exhibits part 2 deposition of Johnson, # 4 Appendix Exhibits part 3 deposition of Johnson, # 5 Appendix Exhibits part 4 deposition of Johnson) (Connick, Thomas)
	Request

136	Filed: 9/16/2020, Entered: 9/16/2020
	NOTICE by Defendant West Bend Mutual Insurance Co. of filing deposition transcript of Donald Dixon taken 9/24/19 (Attachments: # 1 Appendix Deposition Transcript of Donald Dixon) (Connick, Thomas)
	Request

135	Filed: 9/16/2020, Entered: 9/16/2020
	NOTICE by Defendant West Bend Mutual Insurance Co. of filing the deposition transcript of Scott Lenke taken 9/23/19 (Attachments: # 1 Appendix Deposition Transcript of Scott Lenke, # 2 Appendix Exhibits to Deposition of Lenke) (Connick, Thomas)
	Request

134	Filed: 9/16/2020, Entered: 9/16/2020
	NOTICE by Defendant West Bend Mutual Insurance Co. of filing the deposition transcript of James Burt taken 02/19/19 (Attachments: # 1 Appendix Deposition Transcript of James Burt, # 2 Appendix Exhibit A to Burt deposition, # 3 Appendix Exhibit B to Burt Deposition) (Connick, Thomas)
	Request

	Filed: 8/21/2020, Entered: 8/21/2020
	NOTATION ORDER granting 133 Defendant's Motion for Extension of Time in which to File Dispositive Motion. Counsel for Plaintiff indicated via email to the Court that the Motion is unopposed, but requested that the extension apply to both parties. Parties to file their dispositive motions by 9/16/20. SO ORDERED. Signed by Judge Douglas R. Cole on 8/21/20. (sct)


133	Filed: 8/18/2020, Entered: 8/18/2020
	MOTION for Extension of Time New date requested 9/16/2020. Extension to file Dispositive Motions by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

	Filed: 7/24/2020, Entered: 7/24/2020
	NOTATION ORDER and Minute Entry: This cause came before the court for a Telephone Discovery Conference on July 24, 2020. Johanna Hutchins and Michael Galasso appeared for Plaintiff Winter Enterprises, LLC; Thomas Connick appeared for Defendant West Bend Mutual Insurance Company; Robert Lotz appeared for interested non-party Syndicate Claim Services, Inc. Counsel outlined their positions and objections regarding claim handling files prepared by Syndicate for two properties that Mr. Fannon, an insurance adjuster formerly employed by Syndicate, inspected on the same day as, and nearby, the property at issue in this action. Based on the representations and arguments of counsel, the Court ORDERS the documents related to the two disputed claims adjustments be produced. The parties are directed to work together to address any proprietary or confidential information issues that may arise, either by means of redaction, a proposed protective order, or otherwise. This production shall not prejudice any party in later raising any claim as to the relevance of the files in connection with future proceedings in this matter. Nor shall this Order prejudice any objection that any third party, not on the call today, may raise as to the proprietary or confidential nature of the information in the documents. Finally, the discovery period, which expires on July 31, 2020, will not expire as to these documents. The parties shall work to finalize the production of these documents and complete any related discovery in a timely manner. As to any other discovery, however, the deadline remains July 31, 2020. SO ORDERED. Signed by Judge Douglas R. Cole on 7/24/2020. (co)


	Filed: 7/23/2020, Entered: 7/23/2020
	Notice of Correction re: Notice of Hearing, NEF was regenerated, telephone number access code and security code were changed to reflect the correct information. (jlw)


	Filed: 7/23/2020, Entered: 7/23/2020
	NOTICE of Hearing: Discovery Conference set for 7/24/2020 10:30 AM in Teleconference before Judge Douglas R. Cole. COUNSEL SHALL CALL: 1-877-873-8017; Access Code: 9655226; Security Code 9254, and wait for the Court to join the conference (jlw) Modified on 7/23/2020 (jlw).


132	Filed: 7/14/2020, Entered: 7/14/2020
	AMENDED NOTICE re 77 by Defendant West Bend Mutual Insurance Co. of deposition of Richard Graman (Connick, Thomas) Modified to add document link and docket text on 7/15/2020 (kl).
	Request

131	Filed: 7/14/2020, Entered: 7/14/2020
	NOTICE by Defendant West Bend Mutual Insurance Co. of Deposition of Jay Fuhrmann (Connick, Thomas)
	Request

130	Filed: 7/14/2020, Entered: 7/14/2020
	NOTICE by Defendant West Bend Mutual Insurance Co. of Deposition of Thomas Bruns (Connick, Thomas)
	Request

	Filed: 7/6/2020, Entered: 7/6/2020
	Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 7/6/20. Johanna Hutchins and Michael Galasso appeared for Plaintiff; Thomas Connick appeared for Defendant. The parties notified the Court that the case is proceeding as scheduled. Mr. Connick has a potential conflict and may need to extend the dispositive motion deadline by 30 days. Plaintiff was unopposed to an extension and the Court advised the parties that it would grant a request. Mr. Connick shall notify chambers by the middle of August if the extension is necessary. (sct)


129	Filed: 6/1/2020, Entered: 6/1/2020
	NOTICE by Defendant West Bend Mutual Insurance Co. Disclosure of Expert Witnesses (Attachments: # 1 Appendix Christopher Johnson, # 2 Appendix Wesley Gerbick, # 3 Appendix Patrick Slattery, # 4 Appendix Andrew Moye) (Connick, Thomas)
	Request

	Filed: 4/17/2020, Entered: 4/17/2020
	NOTATION ORDER granting 128 Defendant's Joint Stipulated Motion for Extension of Time to Issue their Expert Disclosure. Defendant's Primary Expert due by 6/1/20; Rebuttal Expert due by 7/1/20. SO ORDERED. Signed by Judge Douglas R. Cole on 4/17/20. (sct)


128	Filed: 4/15/2020, Entered: 4/15/2020
	MOTION for Extension of Time New date requested 6/1/2020. Joint Stipulated Motion of Defendant for Extension of Time to Issue their Expert Disclosure by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

127	Filed: 2/3/2020, Entered: 2/3/2020
	THIRD AMENDED CALENDAR: Plaintiff Primary Expert due by 2/28/2020; Defendant Primary Expert due by 4/16/2020; Rebuttal Expert due by 5/29/2020; Status Conference set for 7/6/2020 at 11:00 AM in Teleconference before Judge Douglas R. Cole; Discovery due by 7/31/2020; Dispositive motions due by 8/31/2020; Final Pretrial Conference set for 2/1/2021 at 1:30 PM in Chambers before Judge Douglas R. Cole; Jury Trial set for 2/8/2021 at 9:30 AM in Courtroom 822 before Douglas R. Cole. Signed by Judge Douglas R. Cole on 2/3/20. (sct)
	Request

126	Filed: 1/30/2020, Entered: 1/30/2020
	Unopposed MOTION to Amend/Correct 120 Terminate Cincinnati Preliminary Pretrial Order Deadlines,,,,, by Plaintiff Winter Enterprises, LLC. (Attachments: # 1 Text of Proposed Order) (Galasso, Michael)
	Request

125	Filed: 1/22/2020, Entered: 1/22/2020
	ANSWER to 124 Amended Answer to Complaint, Counterclaim filed by Winter Enterprises, LLC. (Galasso, Michael)
	Request

124	Filed: 1/8/2020, Entered: 1/9/2020
	AMENDED ANSWER with Jury Demand to 22 SECOND AMENDED COMPLAINT, COUNTERCLAIM against Plaintiff Winter Enterprises, LLC by Defendant West Bend Mutual Insurance Co. (eh)
	Request

123	Filed: 1/8/2020, Entered: 1/8/2020
	ORDER granting Defendant's Unopposed Motion for Leave to File Amended Answer to Plaintiff's Second Amended Complaint. (ECF No. 121). The Court DIRECTS the Clerk to docket Exhibit A to Defendant's Motion as Defendant's First Amended Answer to Plaintiff's Second Amended Complaint and Counterclaim for Declaratory Judgment. SO ORDERED. Signed by Judge Douglas R. Cole on 1/8/2020. (co).
	Request

122	Filed: 12/11/2019, Entered: 12/11/2019
	ORDER REASSIGNING CASE. Case reassigned to Judge Douglas R. Cole for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 12/11/2019. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
	Request

121	Filed: 11/11/2019, Entered: 11/11/2019
	MOTION for Leave to File Amended Answer to Plaintiff's Second Amended Complaint and Counterclaim for Declaratory Judgment and Breach of Contract by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Appendix Amended Answer to Second Amended Complaint and Counterclaim for Declaratory Judgment and Breach of Contract) (Connick, Thomas)
	Request

120	Filed: 10/23/2019, Entered: 10/23/2019
	SECOND AMENDED CALENDAR: Motions to Amend due by 11/11/2019., Plaintiff Primary Expert due by 1/31/2020., Defendant Primary Expert due by 3/16/2020., Rebuttal Expert due by 4/16/2020., Status Conference set for 7/6/2020 11:00 AM in Teleconference before Judge Timothy S. Black., Discovery due by 7/31/2020., Dispositive motions due by 8/31/2020., Final Pretrial Conference set for 2/1/2021 01:30 PM in Chambers before Judge Timothy S. Black., Jury Trial set for 2/8/2021 09:30 AM in Courtroom 1 - Cincinnati before Judge Timothy S. Black. Signed by Judge Timothy S. Black on 10/23/19. (rrs)
	Request

119	Filed: 10/22/2019, Entered: 10/22/2019
	Proposed Pretrial Order (Joint) Amending Calendar Order by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

	Filed: 10/2/2019, Entered: 10/2/2019
	Minute Entry: This civil action came before the Court for a status conference by telephone on 10/2/2019 at 1:30 p.m. Attorneys Johanna Hutchins, Michael Galasso, and Thomas Connick participated. The parties shall confer to establish a new proposed calendar. By 10/23/2019, the parties shall submit the joint proposed calendar to the Court via email (black_chambers@ohsd.uscourts.gov). IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/2/2019. (rrs) Modified docket text on 10/2/2019 (eh).


118	Filed: 9/20/2019, Entered: 9/20/2019
	AMENDED NOTICE to Take Deposition of Designated Representative of West Bend Mutual Insurance Company by Plaintiff Winter Enterprises, LLC. (Galasso, Michael) Modified to clarify docket text on 9/23/2019 (jlw).
	Request

	Filed: 9/11/2019, Entered: 9/11/2019
	NOTICE: The status conference previously scheduled for 9/30/2019 is hereby VACATED and RESCHEDULED for 10/2/2019 at 1:30 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code 123456, and wait for the Court to join the conference. (rrs)


	Filed: 7/29/2019, Entered: 7/29/2019
	Set/Reset Hearings: Status Conference set for 9/30/2019 01:30 PM in Teleconference before Judge Timothy S. Black. (ss)


117	Filed: 7/29/2019, Entered: 7/29/2019
	ORDER that: (1)Defendants motion for summary judgment (Doc. 51 ) is DENIED without prejudice. (2)Plaintiffs partial motion to deny, or alternatively, extend time to respond to Defendants motion for summary judgment (Doc. 63 ) is DENIED as moot. (3)Plaintiffs motion to strike Defendants motion for summary judgment (Doc. 65 )is DENIED as moot. (4)Defendants motion for leave to file sur-reply (Doc. 81 ) is DENIED as moot. (5)Defendants motion for judgment on the pleadings (Doc. 83 ) is DENIED as untimely. (6)Plaintiffs motion for sanctions (Doc. 84 ) is GRANTED in part and DENIED in part as set forth in this Order. (7)Defendants motion to strike supplemental expert report of Richard Graman(Doc. 100 ) is DENIED as moot. (8)Defendants motion for sanctions (Doc. 104 ) is GRANTED in part and DENIED in part as set forth in this Order. (9)Defendants motion to reopen discovery (Doc. 106 ) is GRANTED in part and DENIED in part as set forth in this Order. (10) Discovery is hereby REOPENED for a period of sixty days for the limited purposes set forth in this Order. A Status Conference by telephone is set for 9/30/2019 at 1:30 p.m. COUNSEL SHALL CALL: 1-888-684-8853; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Signed by Judge Timothy S. Black on 7/29/2019. (ss)
	Request

	Filed: 5/7/2019, Entered: 5/7/2019
	Minute Entry: This civil action came before the Court for a status conference by telephone on 5/7/2019 at 11:30 a.m. Attorneys Johanna Hutchins, Michael Galasso, and Thomas Connick participated. The parties will refrain from further discovery and motion practice pending the Court's resolution of the dispositive motions. At the appropriate time, the Court will communicate with the parties to schedule the next status conference. (rrs)


116	Filed: 5/2/2019, Entered: 5/2/2019
	REPLY to Response to Motion re 106 MOTION for Discovery Motion for leave to reopen Discovery filed by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

	Filed: 5/1/2019, Entered: 5/1/2019
	Notation Order: This civil action is hereby set for a status conference by telephone on 5/7/2019 at 11:30 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 5/1/19. (rrs)


115	Filed: 4/29/2019, Entered: 4/29/2019
	REPLY to Response to Motion re 106 MOTION for Discovery Motion for leave to reopen Discovery Defendant's Reply Brief in Support of Motion to Reopen Discovery filed by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

114	Filed: 4/29/2019, Entered: 4/29/2019
	REPLY to Response to Motion re 104 MOTION for Sanctions Pursuant to Fed.R.Civ.P. 11 and 28 USCA 1927 Brief in Support of Motion for Sanctions filed by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

113	Filed: 4/29/2019, Entered: 4/29/2019
	NOTICE OF FILING DEPOSITION of Mark Jacoby taken 2/11/19 by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Transcript, # 2 Exhibits) (Connick, Thomas)
	Request

	Filed: 4/16/2019, Entered: 4/16/2019
	Notation Order: This civil action is before the Court on Defendant's unopposed motion to extend deadline to respond to Plaintiff's opposition to motion for leave to reopen discovery (Doc. 111) and Defendant's unopposed motion to extend deadline to respond to Plaintiff's opposition to motion for sanctions. (Doc. 112). For good cause shown, those motions (Docs. 111, 112) are GRANTED. Defendant shall file its replies in further support of the motion to reopen discovery (Doc. 106) and the motion for sanctions (Doc. 104) on or before 4/29/19. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 4/16/19. (rrs)


112	Filed: 4/16/2019, Entered: 4/16/2019
	MOTION for Extension of Time to File Response/Reply as to 104 MOTION for Sanctions Pursuant to Fed.R.Civ.P. 11 and 28 USCA 1927 New date requested 4/29/2019. by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

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111	Filed: 4/16/2019, Entered: 4/16/2019
	First MOTION for Extension of Time to File Response/Reply as to 106 MOTION for Discovery Motion for leave to reopen Discovery New date requested 4/29/2019. by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

110	Filed: 4/8/2019, Entered: 4/8/2019
	RESPONSE to Motion re 106 MOTION for Discovery Motion for leave to reopen Discovery filed by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

109	Filed: 4/8/2019, Entered: 4/8/2019
	RESPONSE in Opposition re 104 MOTION for Sanctions Pursuant to Fed.R.Civ.P. 11 and 28 USCA 1927 filed by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

108	Filed: 4/1/2019, Entered: 4/1/2019
	REPLY to Response to Motion re 100 MOTION to Strike Supplemental Expert Report of Richard Graman Defendant filed by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

	Filed: 4/1/2019, Entered: 4/1/2019
	Notation Order: This civil action is before the Court on Plaintiff's unopposed motion to extend deadline to respond to Defendant's motion for sanctions. (Doc. 107). For good cause shown, that motion (Doc. 107) is GRANTED. Plaintiff shall file a response to Defendant's motion for sanctions (Doc. 104) on or before 4/8/19. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 4/1/19. (rrs)


107	Filed: 4/1/2019, Entered: 4/1/2019
	Unopposed MOTION for Extension of Time to File Response/Reply as to 104 MOTION for Sanctions Pursuant to Fed.R.Civ.P. 11 and 28 USCA 1927 New date requested 4/8/2019. by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

106	Filed: 3/18/2019, Entered: 3/18/2019
	MOTION for Discovery Motion for leave to reopen Discovery by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Appendix Appendix 1) (Connick, Thomas)
	Request

105	Filed: 3/18/2019, Entered: 3/18/2019
	RESPONSE in Opposition re 100 MOTION to Strike Supplemental Expert Report of Richard Graman filed by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

104	Filed: 3/12/2019, Entered: 3/12/2019
	MOTION for Sanctions Pursuant to Fed.R.Civ.P. 11 and 28 USCA 1927 by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Appendix Appendix 1, # 2 Appendix Appendix 2, # 3 Appendix Appendix 3, # 4 Appendix Appendix 4, # 5 Appendix Appendix 5) (Connick, Thomas)
	Request

103	Filed: 3/11/2019, Entered: 3/11/2019
	Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Settlement Conference held in chambers on 3/11/2019. Counsel and parties for plaintiff and for defendant present. Matter was not settled this date. Parties are at an impasse. Court advised parties that it is willing to re-engage the parties at a future settlement conference if the parties wish to do so. (Court Reporter: None present) (art)
	Request

102	Filed: 2/28/2019, Entered: 2/28/2019
	NOTICE by Plaintiff Winter Enterprises, LLC of Filing of Deposition of Designated Representative of West Bend Mutual Insurance Co. (Attachments: # 1 Exhibit 1) (Galasso, Michael)
	Request

101	Filed: 2/28/2019, Entered: 2/28/2019
	REPLY to Response to Motion re 84 MOTION for Sanctions filed by Plaintiff Winter Enterprises, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Galasso, Michael)
	Request

	Filed: 2/26/2019, Entered: 2/26/2019
	Notation Order: In light of the parties' upcoming settlement conference before Magistrate Judge Karen L. Litkovitz on 3/11/2019 and the parties' numerous pending motions (Docs. 51, 63, 65, 81, 83, 84, 100), including motions that are not yet ripe, the Court hereby VACATES the final pretrial conference date of 4/2/2019 and the trial commencement date of 4/8/2019. The Court shall contact the parties to reschedule those dates should it be necessary. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/26/19. (rrs)


100	Filed: 2/25/2019, Entered: 2/25/2019
	MOTION to Strike Supplemental Expert Report of Richard Graman by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

99	Filed: 2/25/2019, Entered: 2/25/2019
	REPLY to Response to Motion re 83 MOTION for Judgment on the Pleadings Brief in Support of Motion for Judgment on the Pleadings filed by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

98	Filed: 2/25/2019, Entered: 2/25/2019
	NOTICE OF FILING DEPOSITION of Richard Graman by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Transcript, # 2 Exhibits Part 1, # 3 Exhibits Part 2) (Connick, Thomas)
	Request

	Filed: 2/19/2019, Entered: 2/19/2019
	Notation Order: This civil action is before the Court on Plaintiff's unopposed motion for extension of time to file a reply in support of its motion for sanctions. (Doc. 97). For good cause shown, that motion (Doc. 97) is GRANTED. Plaintiff shall file its reply in support of its motion for sanctions (Doc. 84) on or before 2/28/2019. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/19/19. (rrs)


97	Filed: 2/18/2019, Entered: 2/18/2019
	Unopposed MOTION for Extension of Time to File Response/Reply as to 84 MOTION for Sanctions , 93 Response in Opposition to Motion, by Plaintiff Winter Enterprises, LLC. (Attachments: # 1 Text of Proposed Order) (Galasso, Michael) Modified Docket Text on 2/19/2019 (bjc).
	Request

96	Filed: 2/18/2019, Entered: 2/18/2019
	NOTICE by Defendant West Bend Mutual Insurance Co. of Filing Amended Declaration of Michael Fannon in Support of Defendant's Opposition to Plaintiff's Motion for Sanctions (Attachments: # 1 Affidavit Amended Dec of Michael Fannon, # 2 Appendix HKC Roofing Docs, # 3 Appendix Molloy Documents, # 4 Appendix Fun Factory Roof Pics and Diagram) (Connick, Thomas)
	Request

95	Filed: 2/15/2019, Entered: 2/15/2019
	NOTICE OF FILING DEPOSITION of Scott Winter taken 02 11 19 by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Transcript, # 2 Exhibit A to deposition, # 3 Exhibit B to deposition, # 4 Exhibit C to deposition) (Connick, Thomas)
	Request

94	Filed: 2/11/2019, Entered: 2/11/2019
	RESPONSE in Opposition re 83 MOTION for Judgment on the Pleadings filed by Plaintiff Winter Enterprises, LLC. (Attachments: # 1 Exhibit) (Galasso, Michael)
	Request

93	Filed: 2/7/2019, Entered: 2/7/2019
	RESPONSE in Opposition re 84 MOTION for Sanctions filed by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Appendix App 1 - Declaration of Thomas Connick, # 2 Appendix App 2 - HKC roofing documents, # 3 Appendix App 3 - Declaration of Henry Mitchell, # 4 Appendix App 4 - Declaration of Fannon, # 5 Appendix App 5 - Molloy Roofing documents, # 6 Appendix App 6 - Declaration of Molloy, # 7 Appendix App 7 - Declaration of Jana Gendrich, # 8 Appendix App 8 - Report of Cole, # 9 Appendix App 9 - Email of 12/28/18) (Connick, Thomas)
	Request

92	Filed: 2/6/2019, Entered: 2/6/2019
	NOTICE OF FILING DEPOSITION of Patrick Slattery by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Transcript, # 2 Exhibit Exhibit 1 part 1, # 3 Exhibit Exhibit 1 part 2, # 4 Exhibit Exhibit 1 part 3, # 5 Exhibit Exhibit 1 part 4, # 6 Exhibit Exhibit 2, # 7 Exhibit Exhibit 3) (Connick, Thomas)
	Request

91	Filed: 2/6/2019, Entered: 2/6/2019
	NOTICE OF FILING DEPOSITION of Mike Fannon by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Transcript, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3 part 1, # 5 Exhibit Exhibit 3 part 2, # 6 Exhibit Exhibit 4) (Connick, Thomas)
	Request

90	Filed: 2/6/2019, Entered: 2/6/2019
	NOTICE OF FILING DEPOSITION of Cathy Lanier by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Transcript, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8) (Connick, Thomas)
	Request

89	Filed: 1/28/2019, Entered: 1/28/2019
	Order Setting Mediation Conference: Settlement conference before Magistrate Judge Karen L. Litkovitz set for Monday, 3/11/2019 at 9:00 am in Chambers Room 716. ( COUNSEL SHALL SUBMIT CONFIDENTIAL SETTLEMENT POSITION STATEMENTS TO THE COURT BY NOT LATER THAN NOON ON 3/4/2019. ). (art)
	Request

88	Filed: 1/24/2019, Entered: 1/24/2019
	NOTICE to Take Deposition of Scott Winter by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

87	Filed: 1/24/2019, Entered: 1/24/2019
	NOTICE to Take Deposition of Mark Jacoby by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

86	Filed: 1/23/2019, Entered: 1/23/2019
	RESPONSE in Opposition re 81 MOTION for Leave to File Sur-Reply to Plaintiff's Response to Defendant's Opposition to Plaintiff's Partial Motion to Deny or Alternatively extend time to respond to Defendant's Motion for Summary Judgment filed by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

85	Filed: 1/22/2019, Entered: 1/22/2019
	ORDER REFERRING CASE to Magistrate Judge Karen L. Litkovitz for a settlement conference. Signed by Judge Timothy S. Black on 1/22/19. (rrs)
	Request

84	Filed: 1/22/2019, Entered: 1/22/2019
	MOTION for Sanctions by Plaintiff Winter Enterprises, LLC. (Attachments: # 1 Affidavit) (Galasso, Michael)
	Request

83	Filed: 1/21/2019, Entered: 1/21/2019
	MOTION for Judgment on the Pleadings by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

82	Filed: 1/18/2019, Entered: 1/18/2019
	NOTICE to Take Deposition of Scott Winter by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

81	Filed: 1/10/2019, Entered: 1/10/2019
	MOTION for Leave to File Sur-Reply to Plaintiff's Response to Defendant's Opposition to Plaintiff's Partial Motion to Deny or Alternatively extend time to respond to Defendant's Motion for Summary Judgment by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Appendix Declaration of Thomas J. Connick, # 2 Appendix Email dated 12/20/18, # 3 Appendix Email dated 12/24/18, # 4 Appendix Email dated 12/26/18, # 5 Appendix Email dated 12/19/18, # 6 Appendix Email dated 12/21/18) (Connick, Thomas)
	Request

80	Filed: 1/10/2019, Entered: 1/10/2019
	NOTICE to Take Deposition of Mark Jacoby by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

79	Filed: 1/9/2019, Entered: 1/9/2019
	REPLY to Response to Motion re 63 MOTION Partial Motion to Deny or, Alternatively Extend Time to Respond to Defendant's Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56(d) filed by Plaintiff Winter Enterprises, LLC. (Attachments: # 1 Declaration of Michael A. Galasso) (Galasso, Michael)
	Request

	Filed: 1/7/2019, Entered: 1/7/2019
	Notation Order: This civil action is before the Court on Plaintiff's unopposed motion to extend deadline to respond to Defendant's opposition to Plaintiff's partial motion to deny or, alternatively, extend time to respond to Defendant's motion for summary judgment. (Doc. 78). For good cause shown, that motion (Doc. 78) is GRANTED. Plaintiff shall file a reply in further support of its motion (Doc. 63) on or before 1/9/2019. IT IS SO ORDERED. (rrs)


78	Filed: 1/3/2019, Entered: 1/3/2019
	Unopposed MOTION for Extension of Time New date requested 1/9/2019. to file Reply in Support of Motion to Deny or, Alternatively, Extend Time to Respond to Defendant's Motion for Summary Judgment by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

77	Filed: 1/3/2019, Entered: 1/3/2019
	NOTICE to Take Deposition of Rick Graman by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

76	Filed: 12/31/2018, Entered: 12/31/2018
	STIPULATION related to ongoing discovery matters by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

75	Filed: 12/31/2018, Entered: 12/31/2018
	RESPONSE in Opposition re 65 MOTION to Strike 51 MOTION for Summary Judgment filed by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

74	Filed: 12/31/2018, Entered: 12/31/2018
	REPLY to Response to Motion re 51 MOTION for Summary Judgment filed by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Appendix Appendix 1) (Connick, Thomas)
	Request

	Filed: 12/20/2018, Entered: 12/20/2018
	Minute Entry and Notation Order: Pursuant to S.D. Ohio Civ. R. 37.1, this civil action came before the Court for an informal discovery conference by telephone on 12/20/2018 at 11:30 a.m. Michael Galasso and Johanna Hutchins participated for Plaintiff; Thomas Connick participated for Defendant. Defendant represented to the Court that it has now produced all responsive documents and a privilege log to Plaintiff. The Court provided its recommendations regarding the discovery issues, to wit: (i) the deposition of Defendant's designated representative set for 12/21/2018 shall proceed, but the deposition can be reopened if required, (ii) if during the deposition any speaking objections are argumentative or suggestive, the Court may award sanctions, (iii) the Court grants Plaintiff leave to file a motion to amend the Amended Calendar Order (Doc. 37), and (iv) the Court grants Plaintiff leave to file a motion for sanctions against Defendant. IT IS SO ORDERED. (ss)


73	Filed: 12/18/2018, Entered: 12/18/2018
	RESPONSE in Opposition re 63 MOTION Partial Motion to Deny or, Alternatively Extend Time to Respond to Defendant's Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56(d) filed by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

	Filed: 12/17/2018, Entered: 12/17/2018
	[FILED IN ERROR-PLEASE DISREGARD] Notation Order: This civil action is before the Court on Defendant's motion for extension of time to file reply in support of motion for summary judgment. (Doc. 72). For good cause shown, that motion (Doc. 72) is GRANTED. Defendant shall file its reply in support of its motion for summary judgment on or before 12/31/2018. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 12/17/2018. (jlw) Modified on 12/17/2018 (sct).


	Filed: 12/17/2018, Entered: 12/17/2018
	Notation Order: This civil action is before the Court on Defendant's motion for extension of time to file reply in support of motion for summary judgment. (Doc. 72). For good cause shown, that motion (Doc. 72) is GRANTED. Defendant shall file its reply in support of its motion for summary judgment on or before 12/31/2018. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (sct)


72	Filed: 12/17/2018, Entered: 12/17/2018
	MOTION for Extension of Time New date requested 12/31/2018. Defendant's Motion for Extension of Time to File Reply in Support of Motion for Summary Judgment by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

	Filed: 12/17/2018, Entered: 12/17/2018
	Notation Order: At the parties' request and pursuant to S.D. Ohio Civ. R. 37.1, this civil action is set for an informal discovery conference by telephone on 12/20/18 at 11:30 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Counsel shall submit a 1-3 page explanation of the issues presented via email to chambers (black_chambers@ohsd.uscourts.gov) and opposing counsel by 12/18/18. IT IS SO ORDERED by Judge Timothy S. Black. (bjc)


71	Filed: 12/11/2018, Entered: 12/11/2018
	NOTICE by Plaintiff Winter Enterprises, LLC OF FILING OF DECLARATION OF JOHANNA HUTCHINS, ESQ. re 62 RESPONSE in Opposition re 51 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1) (Galasso, Michael) Modified on 12/11/2018 (eh).
	Request

70	Filed: 12/11/2018, Entered: 12/11/2018
	NOTICE by Plaintiff Winter Enterprises, LLC OF FILING OF DECLARATION OF RICHARD A. GRAMAN, P.E. re 62 RESPONSE in Opposition re 51 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1) (Galasso, Michael) Modified on 12/11/2018 (eh).
	Request

69	Filed: 12/11/2018, Entered: 12/11/2018
	NOTICE by Defendant West Bend Mutual Insurance Co. of Production of Documents in Compliance with Subpoenas (Connick, Thomas)
	Request

68	Filed: 12/11/2018, Entered: 12/11/2018
	DEPOSITION of Mark Jacoby taken 11/12/18 by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Transcript, # 2 Exhibits) (Connick, Thomas) Modified on 12/12/2018 (jlw).
	Request

67	Filed: 12/11/2018, Entered: 12/11/2018
	DEPOSITION of Scott Winter taken 9/24/18 by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Transcript, # 2 Exhibits) (Connick, Thomas) Modified on 12/12/2018 (jlw).
	Request

66	Filed: 12/11/2018, Entered: 12/11/2018
	DEPOSITION of Scott Winter taken 9/21/18 by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Transcript, # 2 Exhibits) (Connick, Thomas) Modified on 12/12/2018 (jlw).
	Request

65	Filed: 12/10/2018, Entered: 12/10/2018
	MOTION to Strike 51 MOTION for Summary Judgment by Plaintiff Winter Enterprises, LLC, Counter Defendant Winter Enterprises, LLC. (Galasso, Michael)
	Request

64	Filed: 12/10/2018, Entered: 12/10/2018
	AFFIDAVIT re 63 MOTION Partial Motion to Deny or, Alternatively Extend Time to Respond to Defendant's Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56(d) Declaration of Michael A. Galasso by Plaintiff Winter Enterprises, LLC, Counter Defendant Winter Enterprises, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Galasso, Michael)
	Request

63	Filed: 12/10/2018, Entered: 12/10/2018
	MOTION Partial Motion to Deny or, Alternatively Extend Time to Respond to Defendant's Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56(d) by Plaintiff Winter Enterprises, LLC, Counter Defendant Winter Enterprises, LLC. (Galasso, Michael)
	Request

62	Filed: 12/10/2018, Entered: 12/10/2018
	RESPONSE in Opposition re 51 MOTION for Summary Judgment filed by Plaintiff Winter Enterprises, LLC, Counter Defendant Winter Enterprises, LLC. (Attachments: # 1 Plaintiff's Response to Proposed Undisputed Facts) (Galasso, Michael)
	Request

61	Filed: 12/10/2018, Entered: 12/10/2018
	NOTICE OF FILING DEPOSITION of Xavier Cobb by Plaintiff Winter Enterprises, LLC, Counter Defendant Winter Enterprises, LLC. (Attachments: # 1 Transcript) (Galasso, Michael)
	Request

60	Filed: 12/10/2018, Entered: 12/10/2018
	NOTICE OF FILING DEPOSITION of Scott Winter taken 9/24/2018 by Plaintiff Winter Enterprises, LLC, Counter Defendant Winter Enterprises, LLC. (Attachments: # 1 Transcript) (Galasso, Michael) Modified on 12/11/2018 (eh).
	Request

59	Filed: 12/10/2018, Entered: 12/10/2018
	NOTICE OF FILING DEPOSITION of Scott Winter by Plaintiff Winter Enterprises, LLC, Counter Defendant Winter Enterprises, LLC. (Attachments: # 1 Transcript) (Galasso, Michael)
	Request

58	Filed: 12/10/2018, Entered: 12/10/2018
	NOTICE by Plaintiff Winter Enterprises, LLC, Counter Defendant Winter Enterprises, LLC of Declaration of Johanna Hutchins, Esq. *SEE DOC. 71 for corrected filing w/ declaration.* (Galasso, Michael) Modified on 12/13/2018 (eh).
	Request

57	Filed: 12/10/2018, Entered: 12/10/2018
	NOTICE by Plaintiff Winter Enterprises, LLC, Counter Defendant Winter Enterprises, LLC of Declaration of Richard A. Graman, P.E. (Galasso, Michael)
	Request

56	Filed: 12/10/2018, Entered: 12/10/2018
	NOTICE by Plaintiff Winter Enterprises, LLC, Counter Defendant Winter Enterprises, LLC of Declaration of James W. Burt re 62 RESPONSE in Opposition re 51 MOTION for Summary Judgment (Attachments: # 1 Declaration of James W. Burt) (Galasso, Michael) Modified on 12/11/2018 (eh).
	Request

55	Filed: 12/10/2018, Entered: 12/10/2018
	NOTICE by Plaintiff Winter Enterprises, LLC, Counter Defendant Winter Enterprises, LLC of Filing of Declaration of Scott Winter re 62 RESPONSE in Opposition re 51 MOTION for Summary Judgment (Attachments: # 1 Declaration of Scott Winter) (Galasso, Michael) Modified on 12/11/2018 (eh).
	Request

54	Filed: 12/7/2018, Entered: 12/7/2018
	NOTICE to Take Deposition of Designated Representative of West Bend Mutual Insurance Company by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

53	Filed: 12/7/2018, Entered: 12/7/2018
	NOTICE to Take Deposition of Pat Slattery by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

52	Filed: 12/7/2018, Entered: 12/7/2018
	NOTICE to Take Deposition of Mike Fannon by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

51	Filed: 11/19/2018, Entered: 11/19/2018
	MOTION for Summary Judgment by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Appendix 1 - Declaration, # 2 Appendix 2 - Certified Policy) (Connick, Thomas)
	Request

50	Filed: 11/19/2018, Entered: 11/19/2018
	NOTICE by Plaintiff Winter Enterprises, LLC OF ISSUING SUBPOENA DUCES TECUM TO SYNDICATE CLAIM SERVICES, INC. (Ernst, Robert)
	Request

49	Filed: 11/19/2018, Entered: 11/19/2018
	NOTICE by Plaintiff Winter Enterprises, LLC OF ISSUING SUBPOENA DUCES TECUM TO DEER PARK ROOFING, INC. (Ernst, Robert)
	Request

48	Filed: 11/19/2018, Entered: 11/19/2018
	NOTICE by Plaintiff Winter Enterprises, LLC OF ISSUING SUBPOENA DUCES TECUM TO EES GROUP, INC. (Ernst, Robert)
	Request

47	Filed: 11/19/2018, Entered: 11/19/2018
	NOTICE by Plaintiff Winter Enterprises, LLC OF ISSUING SUBPOENA DUCES TECUM TO INSIGHT FORENSIC ACCOUNTANTS, S.C. (Ernst, Robert)
	Request

46	Filed: 11/19/2018, Entered: 11/19/2018
	NOTICE by Plaintiff Winter Enterprises, LLC OF ISSUING SUBPOENA DUCES TECUM TO CODE BLUE, LLC (Ernst, Robert)
	Request

45	Filed: 11/19/2018, Entered: 11/19/2018
	NOTICE of Appearance by Robert Michael Ernst for Plaintiff Winter Enterprises, LLC (Ernst, Robert)
	Request

44	Filed: 11/19/2018, Entered: 11/19/2018
	NOTICE OF FILING DEPOSITION of Mark Jacoby taken 11/12/18 by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Exhibit Exhibits marked deposition) (Connick, Thomas)
	Request

43	Filed: 11/19/2018, Entered: 11/19/2018
	NOTICE OF FILING DEPOSITION of Scott Winter taken 9/24/18 by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Exhibit Exhibits marked deposition) (Connick, Thomas)
	Request

42	Filed: 11/19/2018, Entered: 11/19/2018
	NOTICE OF FILING DEPOSITION of Scott Winter taken 9/21/18 by Defendant West Bend Mutual Insurance Co.. (Attachments: # 1 Exhibit Exhibits marked deposition) (Connick, Thomas)
	Request

	Filed: 11/16/2018, Entered: 11/16/2018
	Notice re: 41 DEFENDANT'S RULE(26)(a)(2) DISCLOSURE OF EXPERT WITNESSES. Pleading inadvertently docketed as a motion; motion event terminated; entry updated. (mr)


41	Filed: 11/15/2018, Entered: 11/15/2018
	DEFENDANT'S RULE(26)(a)(2) DISCLOSURE OF EXPERT WITNESSES by Defendant West Bend Mutual Insurance Co. (Attachments: # 1 Appendix Ex.A three expert documents) (Connick, Thomas) Modified text to reflect pleading caption; term motion event on 11/16/2018 (mr).
	Request

	Filed: 11/13/2018, Entered: 11/13/2018
	Reset Deadlines: Dispositive motions from Defendant West Bend Mutual Insurance Co. due by 11/19/2018. (bjc)


	Filed: 11/13/2018, Entered: 11/13/2018
	Notation Order: This civil action is before the Court on Defendant's unopposed motion for extension of time in which to file dispositive motions. (Doc. 40 ). For good cause shown, that motion (Doc. 40 ) is GRANTED. Defendant shall file its dispositive motion(s) on or before November 19, 2018. IT IS SO ORDERED. (bjc)


40	Filed: 11/13/2018, Entered: 11/13/2018
	MOTION for Extension of Time New date requested 11/19/2018. by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

39	Filed: 11/5/2018, Entered: 11/5/2018
	NOTICE by Defendant West Bend Mutual Insurance Co. Notice of Deposition of Mark Jacoby (Connick, Thomas)
	Request

38	Filed: 11/5/2018, Entered: 11/5/2018
	NOTICE by Defendant West Bend Mutual Insurance Co. Notice of Deposition of Xavier (Connick, Thomas)
	Request

	Filed: 10/2/2018, Entered: 10/2/2018
	Reset Deadlines (to correct data entry error in background): Plaintiff Rebuttal Expert due by 12/15/2018. (eh)


37	Filed: 10/1/2018, Entered: 10/1/2018
	VACATEDAMENDED CALENDAR ORDER: Responsive Expert Report and Designation due by 11/15/2018; Dispositive Motions due by 11/15/2018; Rebuttal Expert Designation and Report due by 12/15/2018; Final Pretrial Conference set for 4/2/2019 10:00 AM in Chambers before Judge Timothy S. Black; Jury Trial set for 4/8/2019 09:00 AM in Courtroom 1 - Cincinnati before Judge Timothy S. Black. Signed by Judge Timothy S. Black on 10/1/2018. (ss)
	Request

	Filed: 10/1/2018, Entered: 10/1/2018
	Notation Order: This civil action is before the Court regarding the Parties' joint motion to amend the calendar order. (Doc. 36). For good cause shown, that motion (Doc. 36) is GRANTED. The Calendar Order in this case (Doc. 25) is VACATED. An Amended Calendar Order shall issue by separate entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/1/2018. (ss)


36	Filed: 9/28/2018, Entered: 9/28/2018
	Joint MOTION to Amend/Correct 25 Preliminary Pretrial Order,, by Plaintiff Winter Enterprises, LLC. (Attachments: # 1 Text of Proposed Order) (Galasso, Michael)
	Request

35	Filed: 9/28/2018, Entered: 9/28/2018
	NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Winter Enterprises, LLC, Counter Defendant Winter Enterprises, LLC re 34 Joint MOTION to Amend/Correct 25 Preliminary Pretrial Order,, (Galasso, Michael)
	Request

34	Filed: 9/28/2018, Entered: 9/28/2018
	* WITHDRAWN re: Notice (doc. 35 ) * Joint MOTION to Amend/Correct 25 Preliminary Pretrial Order by Plaintiff Winter Enterprises, LLC, Counter Defendant Winter Enterprises, LLC. (Attachments: # 1 Text of Proposed Order) (Galasso, Michael) Modified to term motion and edit text on 10/1/2018 (mr).
	Request

33	Filed: 8/1/2018, Entered: 8/1/2018
	ORDER DENYING DEFENDANT'S MOTION TO BIFURCATE BAD-FAITH CLAIM AND STAY DISCOVERY (Doc. 30 ). Signed by Judge Timothy S. Black on 8/01/18. (jlm)
	Request

32	Filed: 6/12/2018, Entered: 6/12/2018
	NOTICE by Defendant West Bend Mutual Insurance Co. of Service of Interrogatories and Requests for Production of Documents to Plaintiff (Connick, Thomas)
	Request

31	Filed: 6/1/2018, Entered: 6/1/2018
	RESPONSE in Opposition re 30 MOTION to Bifurcate Bad-Faith and Punitive Damage Claims and Stay Discovery on Plaintiff's Bad Faith Claim filed by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

30	Filed: 5/29/2018, Entered: 5/29/2018
	MOTION to Bifurcate Bad-Faith and Punitive Damage Claims and Stay Discovery on Plaintiff's Bad Faith Claim by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

29	Filed: 5/22/2018, Entered: 5/22/2018
	ANSWER to 27 Answer to Complaint,, Counterclaim, filed by Winter Enterprises, LLC. (Galasso, Michael)
	Request

28	Filed: 5/21/2018, Entered: 5/21/2018
	DISREGARD THIS ENTRY IT WAS FILED IN ERROR Reply re 27 Answer to Complaint,, Counterclaim, by Counter Defendant Winter Enterprises, LLC. (Galasso, Michael) Modified to restrict entry to court users only on 5/22/2018 (jlw).
	Request

27	Filed: 5/18/2018, Entered: 5/18/2018
	ANSWER with Jury Demand to 22 SECOND AMENDED COMPLAINT, COUNTERCLAIM For Declaratory Judgment against Winter Enterprises, LLC filed by West Bend Mutual Insurance Co.(Connick, Thomas) Modified docket text and created link to Second Amended Complaint on 5/21/2018 (eh).
	Request

26	Filed: 5/9/2018, Entered: 5/9/2018
	Unopposed MOTION for Extension of Time New date requested 5/18/2018. to repond to Second Amende Complaint by Defendant West Bend Mutual Insurance Co.. (Proctor, Edward)
	Request

25	Filed: 5/8/2018, Entered: 5/8/2018
	CALENDAR ORDER: Motions directed to pleadings due by 5/31/2018. Lay Witness due by 5/31/2018. Plaintiff Primary Expert due by 6/29/2018. Plaintiff Rebuttal Expert due by 8/31/2018. Defendant Rebuttal Expert due by 8/31/2018. Discovery due by 9/28/2018. Motions not directed to pleadings due by 10/31/2018. Final Pretrial Conference set for 4/2/2019 10:00 AM in Chambers. Jury Trial set for 4/8/2019 09:00 AM in Courtroom 1 - Cincinnati. Signed by Judge Timothy S. Black on 5/7/18. (jlm) Modified docket text on 5/9/2018 (sct).
	Request

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24	Filed: 5/4/2018, Entered: 5/4/2018
	NOTICE of Appearance by Edward A Proctor for Defendant West Bend Mutual Insurance Co. (Proctor, Edward)
	Request

23	Filed: 4/30/2018, Entered: 4/30/2018
	RULE 26(f) REPORT OF PARTIES - AMENDED by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

22	Filed: 4/16/2018, Entered: 4/16/2018
	SECOND AMENDED COMPLAINT with Jury Demand filed by Winter Enterprises, LLC against West Bend Mutual Insurance Co. (Attachments: # 1 Exhibit, # 2 Exhibit) (Galasso, Michael) Modified docket text on 4/17/2018 (eh).
	Request

21	Filed: 3/28/2018, Entered: 3/28/2018
	ORDER denying 9 Motion to Dismiss; granting 11 Motion for Leave to File a Second Amended Complaint; granting 16 Motion for Jury Trial. Signed by Judge Timothy S. Black on 3/28/18. (jlm)
	Request

20	Filed: 1/30/2018, Entered: 1/30/2018
	NOTICE by Defendant West Bend Mutual Insurance Co. of Initial Disclosures (Connick, Thomas)
	Request

19	Filed: 12/21/2017, Entered: 12/21/2017
	RULE 26(f) REPORT (JOINT) by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

18	Filed: 8/30/2017, Entered: 8/30/2017
	REPLY to Response to Motion re 16 MOTION for Jury Trial filed by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

17	Filed: 8/16/2017, Entered: 8/16/2017
	RESPONSE in Opposition re 16 MOTION for Jury Trial filed by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

16	Filed: 8/9/2017, Entered: 8/9/2017
	MOTION for Jury Trial by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

15	Filed: 8/7/2017, Entered: 8/7/2017
	REPLY to Response to Motion re 11 MOTION for Leave to File Second Amended Complaint filed by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

14	Filed: 7/24/2017, Entered: 7/24/2017
	RESPONSE in Opposition re 11 MOTION for Leave to File Second Amended Complaint filed by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

13	Filed: 7/21/2017, Entered: 7/21/2017
	ANSWER to 10 Counterclaim filed by All Plaintiffs. (Galasso, Michael) Modified docket text on 7/24/2017 (eh).
	Request

12	Filed: 7/19/2017, Entered: 7/19/2017
	RESPONSE in Opposition re 9 MOTION to Dismiss Counts III, IV, V and VI of Plaintiff's First Amended Complaint filed by Plaintiff Winter Enterprises, LLC. (Galasso, Michael)
	Request

11	Filed: 7/19/2017, Entered: 7/19/2017
	MOTION for Leave to File Second Amended Complaint by Plaintiff Winter Enterprises, LLC. (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Text of Proposed Order) (Galasso, Michael)
	Request

10	Filed: 6/30/2017, Entered: 6/30/2017
	ANSWER to 3 Amended Complaint and Declartory Judgment Counterclaim, COUNTERCLAIM against Winter Enterprises, LLC filed by West Bend Mutual Insurance Co.. (Attachments: # 1 Appendix Policy) (Connick, Thomas)
	Request

9	Filed: 6/28/2017, Entered: 6/28/2017
	MOTION to Dismiss Counts III, IV, V and VI of Plaintiff's First Amended Complaint by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

8	Filed: 6/20/2017, Entered: 6/20/2017
	NOTICE of Appearance by Michael Alan Galasso for Plaintiff Winter Enterprises, LLC (Galasso, Michael)
	Request

7	Filed: 6/7/2017, Entered: 6/7/2017
	MOTION for Extension of Time to File Answer re 3 Amended Complaint New date requested 7/7/2017. by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

6	Filed: 6/7/2017, Entered: 6/7/2017
	Corporate Disclosure Statement by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

5	Filed: 6/6/2017, Entered: 6/6/2017
	Corporate Disclosure Statement by Plaintiff Winter Enterprises, LLC. (Hutchins, Johanna)
	Request

4	Filed: 6/5/2017, Entered: 6/5/2017
	Corporate Disclosure Statement by Defendant West Bend Mutual Insurance Co.. (Connick, Thomas)
	Request

3	Filed: 5/26/2017, Entered: 5/26/2017
	AMENDED COMPLAINT against All Defendants, filed by Winter Enterprises, LLC. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) (Hutchins, Johanna)
	Request

2	Filed: 5/26/2017, Entered: 5/26/2017
	COMPLAINT originally filed 4/27/2017 in Hamilton County Court of Common Pleas (Case No. A1702343) by Winter Enterprises, LLC against West Bend Mutual Insurance Co. (eh)
	Request

	Filed: 5/26/2017, Entered: 5/26/2017
	If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh)


1	Filed: 5/25/2017, Entered: 5/25/2017
	NOTICE OF REMOVAL from Court of Common Pleas of Hamilton County, case number ( Filing fee $ 400 paid - receipt number: 0648-5973604), filed by West Bend Mutual Insurance Co.. (Attachments: # 1 Appendix App. 1 Proof of Loss, # 2 Appendix App. 2 Complaint) (Connick, Thomas)
	Request

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