Lindsay et al v. Owners Insurance Company

Federal Civil Lawsuit South Dakota District Court, Case No. 5:12-cv-05066
District Judge Jeffrey L. Viken, presiding
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District Judge Jeffrey L. Viken
Last Updated November 5, 2017 at 12:38 AM EDT (8.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Donald K. Lindsay, Plaintiff

Represented by Abourezk Law Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael C. Abourezk +1 605 342 0097 +1 605 342 5170 mike@abourezk.com

Represented by Hoyt & Blewett PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Kurt M. Jackson +1 406 761 1960 +7617 761 761 7186 kmj@hoytandblewett.com
No Logo Margaret A. Lindsay, Plaintiff

Represented by Abourezk Law Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael C. Abourezk +1 605 342 0097 +1 605 342 5170 mike@abourezk.com

Represented by Hoyt & Blewett PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Kurt M. Jackson +1 406 761 1960 +7617 761 761 7186 kmj@hoytandblewett.com
No Logo Owners Insurance Company, Counter-Claimant

Represented by PO Box 1030

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Roy A. Wise +2252 225 225 2743 rwise@rwwsh.com
v.
No Logo Owners Insurance Company, Defendant

Represented by PO Box 1030

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Roy A. Wise +2252 225 225 2743 rwise@rwwsh.com
No Logo Donald K. Lindsay, Counter-Defendant

Represented by Abourezk Law Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael C. Abourezk +1 605 342 0097 +1 605 342 5170 mike@abourezk.com

Represented by Hoyt & Blewett PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kurt M. Jackson +1 406 761 1960 +7617 761 761 7186 kmj@hoytandblewett.com
No Logo Margaret A. Lindsay, Counter-Defendant

Represented by Abourezk Law Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael C. Abourezk +1 605 342 0097 +1 605 342 5170 mike@abourezk.com

Represented by Hoyt & Blewett PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kurt M. Jackson +1 406 761 1960 +7617 761 761 7186 kmj@hoytandblewett.com
Attributes
Citation Unknown
Nature of Suit 110 - Contract - Insurance
Timeline
  Entries (35) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 35 Filed: 8/29/2013, Entered: None Unknown Document TypeCourt Filing
JUDGMENT OF DISMISSAL. Signed by Chief Judge Jeffrey L. Viken on 8/29/13. (SB) (Entered: 08/29/2013)
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Legal Document (Payment Possibly Required) 34 Filed: 7/25/2013, Entered: None Unknown Document TypeCourt Filing
REPORT AND RECOMMENDATION re 18 First MOTION for Summary Judgment RE: Insurance Coverage, 22 MOTION for Summary Judgment Objections to R&R due by 8/12/2013. Signed by US Magistrate Judge John E. Simko on 7/25/13. (DJP) (Entered: 07/25/2013)
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Legal Document (Payment Possibly Required) 33 Filed: 5/6/2013, Entered: None Unknown Document TypeCourt Filing
ORDER REFERRING 18 First MOTION for Summary Judgment RE: Insurance Coverage filed by Donald K. Lindsay, Margaret A. Lindsay, 22 MOTION for Summary Judgment filed by Owners Insurance Company. Signed by Chief Judge Jeffrey L. Viken on 5/6/13. Motions referred to U.S. Magistrate Judge John E. Simko. (SB) (Entered: 05/06/2013)
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Legal Document (Payment Possibly Required) 32 Filed: 4/4/2013, Entered: None Unknown Document Type
AFFIDAVIT in Support re 22 MOTION for Summary Judgment filed by Owners Insurance Company. (Attachments: # 1 Exhibit A - Letter dated 12/14/12 and Executive Umbrella Policy in case of Haas v. Auto-Owners, # 2 Exhibit B - Declarations Page from Lindsays' Umbrella Policy)(Wise, Roy) (Entered: 04/04/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 4/4/2013, Entered: None Unknown Document Type
REPLY to 22 Motion for Summary Judgment filed by Owners Insurance Company. (Wise, Roy) (Entered: 04/04/2013)
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Legal Document (Payment Possibly Required) 30 Filed: 4/4/2013, Entered: None Unknown Document Type
REPLY to 18 Motion for Summary Judgment, 26 Response to Motion, 19 Memorandum in Support of Motion,,, Reply Brief in Support of Plaintiffs' Motion for Summary Judgment Re: Insurance Coverage filed by All Plaintiffs. (Abourezk, Michael) (Entered: 04/04/2013)
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Legal Document (Payment Possibly Required) 29 Filed: 3/21/2013, Entered: None Unknown Document Type
STATEMENT OF Plaintiffs' Opposing Statement of Material Facts MATERIAL FACTS re 22 Motion for Summary Judgment, 24 Statement of Material Facts, 28 Response to Motion, by Plaintiffs Donald K. Lindsay, Margaret A. Lindsay filed by All Plaintiffs. (Abourezk, Michael) (Entered: 03/21/2013)
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Legal Document (Payment Possibly Required) 28 Filed: 3/21/2013, Entered: None Unknown Document Type
RESPONSE to Motion re 22 MOTION for Summary Judgment Plaintiffs' Response Brief in Opposition to Defendant's Motion for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Exhibit 1-2nd Aff Kurt Jackson and H, I, & J)(Abourezk, Michael) (Entered: 03/21/2013)
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Legal Document (Payment Possibly Required) 27 Filed: 3/21/2013, Entered: None Unknown Document Type
RESPONSE to 20 Statement of Material Facts,, filed by Owners Insurance Company. (Wise, Roy) (Entered: 03/21/2013)
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Legal Document (Payment Possibly Required) 26 Filed: 3/21/2013, Entered: None Unknown Document Type
RESPONSE to Motion re 18 First MOTION for Summary Judgment RE: Insurance Coverage filed by Owners Insurance Company. (Wise, Roy) (Entered: 03/21/2013)
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Legal Document (Payment Possibly Required) 25 Filed: 2/28/2013, Entered: None Unknown Document Type
AFFIDAVIT in Support re 22 MOTION for Summary Judgment filed by Owners Insurance Company. (Attachments: # 1 Exhibit A - Certified copy of Owners Insurance Auto Policy No. 48-654-973-01, # 2 Exhibit B - Certified copy of Owners Insurance Umbrella Policy No. 48-654-973-02, # 3 Exhibit C - Decision in case of Huizenga v. Auto-Owners Insurance)(Wise, Roy) (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 24 Filed: 2/28/2013, Entered: None Unknown Document Type
STATEMENT OF Undisputed MATERIAL FACTS re 22 Motion for Summary Judgment by Defendant Owners Insurance Company filed by Owners Insurance Company. (Wise, Roy) (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 23 Filed: 2/28/2013, Entered: None Unknown Document Type
BRIEF by Defendant Owners Insurance Company re 22 MOTION for Summary Judgment. (Wise, Roy) (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 22 Filed: 2/28/2013, Entered: None Unknown Document Type
MOTION for Summary Judgment by Owners Insurance Company. (Wise, Roy) (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 21 Filed: 2/28/2013, Entered: None Unknown Document Type
AFFIDAVIT in Support re 18 First MOTION for Summary Judgment RE: Insurance Coverage filed by Donald K. Lindsay, Margaret A. Lindsay. (Abourezk, Michael) (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 20 Filed: 2/28/2013, Entered: None Unknown Document Type
STATEMENT OF MATERIAL FACTS re 18 Motion for Summary Judgment, 19 Memorandum in Support of Motion,,, by Plaintiffs Donald K. Lindsay, Margaret A. Lindsay, Counter Defendants Margaret A. Lindsay, Donald K. Lindsay filed by Donald K. Lindsay, Margaret A. Lindsay. (Attachments: # 1 Exhibit Auto-Owners Insurance Auto Policy, # 2 Exhibit Auto-Owners Umbrella Policy, # 3 Exhibit Exclusion of Personal Injury to Insureds, # 4 Exhibit Schedule A, # 5 Exhibit Letter 3/19/12 to Marvin Lake, # 6 Exhibit Appeal Brief Home-Owners v. Leikert, # 7 Exhibit Owners Insurance Co. Response to PLTF Amended 1st Set of Requests for Production)(Abourezk, Michael) (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 19 Filed: 2/28/2013, Entered: None Unknown Document Type
MEMORANDUM in Support re 18 First MOTION for Summary Judgment RE: Insurance Coverage filed by Donald K. Lindsay, Margaret A. Lindsay. (Attachments: # 1 Exhibit Decision in Auto-Owners v. Morris, # 2 Exhibit Auto-Owners Umbrella Policy, # 3 Exhibit Auto-Owners Policy Schedule A, # 4 Exhibit Decision Home-Owners v. Leikert, # 5 Exhibit Auto-Owners Appeal Brief Leikert, # 6 Exhibit Auto-Owners Policy "Glossary of Terms", # 7 Exhibit Auto-Owners Executive Umbrella Forms "Alphabet Index", # 8 Exhibit Auto-Owners Unbrella Policy "Insurance Agreement", # 9 Exhibit Auto-Owners Umbrella Policy "Personal Injury", # 10 Exhibit Auto-Owners Umbrella Policy "Conditions")(Abourezk, Michael) (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 18 Filed: 2/28/2013, Entered: None Unknown Document Type
First MOTION for Summary Judgment RE: Insurance Coverage by Donald K. Lindsay, Margaret A. Lindsay. (Abourezk, Michael) (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 17 Filed: 1/10/2013, Entered: None Unknown Document TypeCourt Filing
PROTECTIVE ORDER. Signed by Chief Judge Jeffrey L. Viken on 1/10/13. (SB) (Entered: 01/10/2013)
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Legal Document (Payment Possibly Required) 16 Filed: 1/9/2013, Entered: None Unknown Document Type
STIPULATION for Protective Order by Owners Insurance Company. (Wise, Roy) (Entered: 01/09/2013)
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Legal Document (Payment Possibly Required) 15 Filed: 1/9/2013, Entered: None Unknown Document Type
First MOTION for Protective Order by Owners Insurance Company. (Attachments: # 1 Text of Proposed Order)(Wise, Roy) (Entered: 01/09/2013)
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Legal Document (Payment Possibly Required) 14 Filed: 12/18/2012, Entered: None Unknown Document TypeCourt Filing
SCHEDULING ORDER. Signed by U. S. District Judge Jeffrey L. Viken on 12/18/12. (SB) (Entered: 12/18/2012)
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Legal Document (Payment Possibly Required) 13 Filed: 11/28/2012, Entered: None Unknown Document Type
FORM 52 REPORT of Parties Planning Meeting re 10 Order for Form 52. (Abourezk, Michael) (Entered: 11/28/2012)
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Legal Document (Payment Possibly Required) 12 Filed: 11/28/2012, Entered: None Unknown Document Type
FILED IN ERROR: FORM 52 REPORT of Parties Planning Meeting re 10 Order for Form 52. (Abourezk, Michael) Modified on 11/28/2012 (SLT). (Entered: 11/28/2012)
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Legal Document (Payment Possibly Required) 11 Filed: 10/25/2012, Entered: None Unknown Document Type
Plaintiff's Answer to Defendant's Counterclaim ANSWER to 8 Answer to Complaint, Counterclaim by All Plaintiffs. (Abourezk, Michael) (Entered: 10/25/2012)
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Legal Document (Payment Possibly Required) 10 Filed: 10/17/2012, Entered: None Unknown Document TypeCourt Filing
ORDER For Form 52 Report and Scheduling Information. Signed by U. S. District Judge Jeffrey L. Viken on 10/17/12. (SB) (Entered: 10/17/2012)
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Legal Document (Payment Possibly Required) 9 Filed: 10/17/2012, Entered: None Unknown Document Type
CORPORATE Disclosure Statement by Defendant Owners Insurance Company. (Wise, Roy) (Entered: 10/17/2012)
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Legal Document (Payment Possibly Required) 8 Filed: 10/15/2012, Entered: None Unknown Document Type
ANSWER to 1 Complaint, COUNTERCLAIM against Donald K. Lindsay, Margaret A. Lindsay by Owners Insurance Company. (Wise, Roy) (Entered: 10/15/2012)
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Legal Document (Payment Possibly Required) 7 Filed: 10/3/2012, Entered: None Unknown Document TypeCourt Filing
ORDER granting 6 Motion for Admission Pro Hac Vice of Kurt M. Jackson. Signed by U. S. District Judge Jeffrey L. Viken on 10/3/12. (SB) (Entered: 10/03/2012)
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Legal Document (Payment Possibly Required) 6 Filed: 10/2/2012, Entered: None Unknown Document Type
MOTION for Attorney Kurt M. Jackson to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-1494488) by Donald K. Lindsay, Margaret A. Lindsay. (Abourezk, Michael) (Entered: 10/02/2012)
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Legal Document (Payment Possibly Required) 5 Filed: 9/26/2012, Entered: None Unknown Document Type
AFFIDAVIT of Service for Admission of Service served on Owners Insurance Co. on 9-24-12, filed by Donald K. Lindsay, Margaret A. Lindsay. (Abourezk, Michael) (Entered: 09/26/2012)
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Legal Document (Payment Possibly Required) 4 Filed: 9/19/2012, Entered: None Unknown Document Type
Summons Issued as to Owners Insurance Company. (KKD) (Entered: 09/19/2012)
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Legal Document (Payment Possibly Required) 3 Filed: 9/19/2012, Entered: None Unknown Document Type
Civil Filing fee received: Fee Amount: $ 350, Receipt #: SDX500002823. (KKD) (Entered: 09/19/2012)
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Legal Document (Payment Possibly Required) 2 Filed: 9/19/2012, Entered: None Unknown Document Type
CIVIL COVER SHEET (KKD) (Entered: 09/19/2012)
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Blank 1 Filed: 9/19/2012, Entered: None Unknown Document Type
COMPLAINT with jury demand, filed by Donald K. Lindsay, Margaret A. Lindsay. (KKD) Modified on 9/20/2012 to add text (KKD). (Entered: 09/19/2012)
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