| Save 25% on a pre-paid one year subscription. |
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 72 |
Filed: 6/1/2018, Entered: 6/1/2018 |
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ENTERED JUDGMENT. Civil case terminated. Mailed notice(lk, )
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 Request |
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| 71 |
Filed: 6/1/2018, Entered: 6/1/2018 |
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MINUTE entry before the Honorable Virginia M. Kendall. On 2/18/16, Plaintiff Hartford Underwriters Insurance Co. brought this action against Defendants Worldwide Transportation Shipping Corp. and Noreen Finnegan on the basis of federal diversity jurisdiction seeking a declaration that it has no duty to defend, indemnify, or pay any insurance benefits on Finnegan's claim. See (Dkt. 1 ); 28 U.S.C. § 1332. On 7/16/16, Worldwide (an Iowa corporation) filed a third-party complaint against Iowa insurance broker Goetssch-Kay LLC d/b/a Sheridan & Associates Agency ("Sheridan"), alleging (1) negligence, (2) breach of contract, (3) breach of fiduciary duty, and (4) promissory estoppel. (Dkt. 23 ). The parties agree that the Court does not have original jurisdiction over Worldwide's claims, but where a district court has original jurisdiction over some claims, it has supplemental jurisdiction over other claims that are so related that they form part of the same case or controversy. 28 U.S.C. § 1367(a); Miller v. Herman, 600 F.3d 726, 738 (7th Cir. 2010). However, if the court has dismissed all claims over which it has original jurisdiction, the court's supplemental jurisdiction persists, but the court has discretion to decline to exercise supplemental jurisdiction. 28 U.S.C. § 1367(c)(3); Miller, 600 F.3d at 738 (noting that the decision whether to exercise supplemental jurisdiction is "squarely within [the district court's] discretion"). Here, on 3/16/18, the Court granted Hartford's motion for summary judgment (Dkt. 53 ) and granted final judgment in favor of Hartford on 3/29/18 (Dkt. 63 ), thereby leaving only Worldwide's third-party claims. Although the decision to decline to exercise jurisdiction is discretionary, "the presumption is that the court will relinquish federal jurisdiction over any supplemental state-law claims." Al's Serv. Ctr. v. BP Prods. N. Am., Inc., 599 F.3d 720, 727 (7th Cir. 2010); see also Groce v. Eli Lilly & Co., 193 F.3d 496, 501 (7th Cir. 1999) ("the usual practice is to dismiss without prejudice state supplemental claims"). The presumption is rebuttable, "but it should not be lightly abandoned, as it is based on a legitimate and substantial concern with minimizing federal intrusion into areas of purely state law." Khan v. State Oil Co., 93 F.3d 1358, 1366 (7th Cir. 1996). Certain exceptions to this general rule exist when: (1) the statute of limitations has run on the pendent claim, precluding the filing of a separate suit in state court; (2) substantial judicial resources have already been committed, so that sending the case to another court will cause a substantial duplication of effort; or (3) it is absolutely clear how the pendent claims can be decided. Davis v. Cook Cty., 534 F.3d 650, 654 (7th Cir. 2008) (citation omitted). To resist the presumption here, Worldwide contends that considerations of judicial economy and the potential for duplication of judicial effort weigh in favor of the Court retaining jurisdiction over its claims against Sheridan because the parties have "essentially completed" written discovery on the third-party claims. Worldwide also points to the Court's familiarity with the case following its summary judgment decision. However, these arguments are insufficient to rebut the presumption, particularly considering the fact that the parties still need to complete oral discovery and that the Court's summary-judgment decision dealt only with the coverage provided by Hartford and explicitly refrained from making any findings about Sheridan's role versus Worldwide's role in the dispute over the Finnegan claim. See (Dkt. 62 ) at 2 n.1. Two of the three cases highlighted by Worldwide further support this conclusion. See Wright v. Associated Ins. Cos. Inc., 29 F.3d 1244, 1252 (7th Cir. 1994) (although district court correctly retained jurisdiction over Indiana claim that could only be resolved in favor of defendants based on the court's earlier ruling, the court should have relinquished jurisdiction over Indiana tort claim where it was not readily apparent on the pleadings whether a state court would find the allegations sufficient); Mooney v. Nw. Ill. Reg'l Commuter R.R. Corp., 128 F. Supp. 2d 1178, 1182 (N.D. Ill. 2001) (finding no evidence that judicial economy, convenience, fairness or comity compel the court to retain jurisdiction over the third-party claim). And as for the third case cited by Worldwide, Timm v. Mead Corp., 32 F.3d 273 (7th Cir. 1994), it is distinguishable. Although the district court retained jurisdiction there, the state law claims were ripe for decision, the applicable state law was straightforward, the litigation was more than one year old, and discovery was completed. Id. at 277. This case has only one of these attributesits age. That is not enough to keep the third-party claims before this Court. Accordingly, the Court declines to exercise supplemental jurisdiction over the remaining claims, and Worldwide's third-party complaint is dismissed without prejudice for lack of subject matter jurisdiction. Judgment to follow. Mailed notice (lk, )
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Request |
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| 70 |
Filed: 5/29/2018, Entered: 5/30/2018 |
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MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 5/29/2018. Mailed notice (lk, )
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Request |
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| 69 |
Filed: 5/21/2018, Entered: 5/21/2018 |
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MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own motion, Status hearing set for 5/24/2018 is reset for 5/29/2018 at 9:00 AM. Mailed notice (lk, )
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Request |
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| 68 |
Filed: 4/20/2018, Entered: 4/20/2018 |
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MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own motion, Status hearing set for 5/3/2018 is reset for 5/24/2018 at 9:00 AM. Mailed notice (lk, )
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Request |
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| 67 |
Filed: 3/29/2018, Entered: 3/30/2018 |
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FINAL Judgment Order. Mailed notice(lk, )
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Request |
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| 66 |
Filed: 3/29/2018, Entered: 3/30/2018 |
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MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 3/29/2018. Plaintiff's Motion for entry of final Judgment 64 is granted. Final Judgment to follow. Case reopened and remains pending between Worldwide and Third Party Defendant Goettsch-Kay LLC. Status hearing set for 5/3/2018 at 9:00 AM.Mailed notice (lk, )
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Request |
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| 65 |
Filed: 3/22/2018, Entered: 3/22/2018 |
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NOTICE of Motion by Richard Thomas Valentino for presentment of motion to enforce judgment 64 before Honorable Virginia M. Kendall on 3/29/2018 at 09:00 AM. (Valentino, Richard)
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Request |
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| 64 |
Filed: 3/22/2018, Entered: 3/22/2018 |
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MOTION by Plaintiff Hartford Underwriters Insurance Co. to enforce judgment as final (Valentino, Richard)
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Request |
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| 63 |
Filed: 3/16/2018, Entered: 3/16/2018 |
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ENTERED JUDGMENT. Civil case terminated. Mailed notice(lk, )
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Request |
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 62 |
Filed: 3/16/2018, Entered: 3/16/2018 |
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MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 3/16/2018. Hartford's Motion for Summary Judgment 53 is granted and Hartford has no duty to defend, indemnify, or pay any insurance benefits on the Finnegan claim. Judgment to follow. Mailed notice(lk, )
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Published at |
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| 61 |
Filed: 5/24/2017, Entered: 5/24/2017 |
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REPLY by Plaintiff Hartford Underwriters Insurance Co. in Support of Motion for Summary Judgment (Attachments: # 1 Exhibit Ex. 1-3)(Valentino, Richard)
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Request |
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| 60 |
Filed: 5/18/2017, Entered: 5/18/2017 |
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MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion for extension of time for filing reply 58 regarding Motion for summary judgment 53 is granted. Replies due by 5/24/2017. Motion hearing set for 5/30/2017 is stricken. Mailed notice (lk, )
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Request |
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| 59 |
Filed: 5/17/2017, Entered: 5/17/2017 |
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NOTICE of Motion by Richard Thomas Valentino for presentment of extension of time 58 before Honorable Virginia M. Kendall on 5/30/2017 at 09:00 AM. (Valentino, Richard)
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Request |
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| 58 |
Filed: 5/17/2017, Entered: 5/17/2017 |
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MOTION by Plaintiff Hartford Underwriters Insurance Co. for extension of time to File Reply in Support of Motion for Summary Judgment (Valentino, Richard)
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Request |
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| 57 |
Filed: 5/3/2017, Entered: 5/3/2017 |
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RESPONSE by Defendant Worldwide Transportation Shipping Corporation to Hartford's Rule 56.1 Statement of Undisputed Material Facts (Theodore, Jennifer)
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Request |
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| 56 |
Filed: 5/3/2017, Entered: 5/3/2017 |
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RESPONSE by Worldwide Transportation Shipping Corporationin Opposition to MOTION by Plaintiff Hartford Underwriters Insurance Co. for summary judgment 53 (Theodore, Jennifer)
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Request |
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| 55 |
Filed: 4/5/2017, Entered: 4/5/2017 |
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MEMORANDUM in support for summary judgment by Plaintiff Hartford Underwriters Insurance Co. (Valentino, Richard) Modified text on 4/6/2017 (lk, ).
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Request |
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| 54 |
Filed: 4/5/2017, Entered: 4/5/2017 |
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RULE 56.1 Statement by Plaintiff Hartford Underwriters Insurance Co. (Attachments: # 1 Exhibit, # 2 Exhibit)(Valentino, Richard) Modified text on 4/6/2017 (lk, ).
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Request |
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| 53 |
Filed: 4/5/2017, Entered: 4/5/2017 |
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MOTION by Plaintiff Hartford Underwriters Insurance Co. for summary judgment (Valentino, Richard)
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Request |
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| 52 |
Filed: 3/6/2017, Entered: 3/6/2017 |
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MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 3/6/2017. USF Holland's Motion to Intervene 35 is denied. Mailed notice(lk, )
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Request |
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| 51 |
Filed: 3/1/2017, Entered: 3/3/2017 |
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MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 3/1/2017. Plaintiff is granted permission to file confidential materials under seal. Dispositive motions between Hartford Underwriters Insurance Co. and Worldwide Transportation Shipping Corporation due by 4/5/2017. Responses due by 5/3/2017. Replies due by 5/17/2017. End of Fact Discovery ordered closed by 8/31/2017. Status hearing set for 9/6/2017 at 9:00 AM. Mailed notice (lk, )
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Request |
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| 50 |
Filed: 2/7/2017, Entered: 2/7/2017 |
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MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 2/8/2017 is reset for 3/1/2017 at 9:00 AM. Mailed notice (lk, )
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Request |
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| 49 |
Filed: 1/4/2017, Entered: 1/4/2017 |
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REPLY by Intervenor USF Holland LLC to Response 44 (Stirling, Scott)
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Request |
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| 48 |
Filed: 1/3/2017, Entered: 1/3/2017 |
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Worldwide Transportation Shipping Corporation's Corporate Disclosure Statement Pursuant to F.R.C.P. 7.1 and Local Rule 3.2 (Theodore, Jennifer)
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Request |
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| 47 |
Filed: 12/9/2016, Entered: 12/9/2016 |
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AGREED Confidentiality Order signed by the Honorable Virginia M. Kendall on 12/9/2016. Motion hearing set for 12/14/2016 is stricken. Mailed notice(lk, )
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Request |
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| 46 |
Filed: 12/8/2016, Entered: 12/8/2016 |
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NOTICE of Motion by Richard Thomas Valentino for presentment of motion for protective order 45 before Honorable Virginia M. Kendall on 12/14/2016 at 09:00 AM. (Valentino, Richard)
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Request |
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| 45 |
Filed: 12/8/2016, Entered: 12/8/2016 |
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MOTION by Plaintiff Hartford Underwriters Insurance Co. for protective order (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Valentino, Richard)
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Request |
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| 44 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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RESPONSE by Plaintiff Hartford Underwriters Insurance Co. to Motion to Intervene (Attachments: # 1 Exhibit Ex A - D to Response)(Valentino, Richard)
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Request |
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| 43 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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CERTIFICATE Certificate of Service Third Party Defendant Response to Plaintiffs First Request for Admission of Fact as to Genuiness of Documents (Wolf, Thomas)
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Request |
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| 42 |
Filed: 11/9/2016, Entered: 11/9/2016 |
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MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 11/9/2016. Briefing schedule set as to Intervenor USF Holland's Motion to intervene 35 . Responses due by 12/7/2016. Replies due by 1/4/2017. Status hearing set for 2/8/2017 at 9:00 AM. End of Fact Discovery extended and ordered closed by 1/31/2017. Briefing schedule as set in Minute Entry 32 and Status hearing set for 1/5/2017 are stricken. Mailed notice (lk, )
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Request |
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| 41 |
Filed: 11/4/2016, Entered: 11/4/2016 |
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ATTORNEY Appearance for Plaintiff Hartford Underwriters Insurance Co. by Ellen Louise Green - Additional (Green, Ellen)
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Request |
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| 40 |
Filed: 11/3/2016, Entered: 11/3/2016 |
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Hartford Underwriters Insurance Co. (Valentino, Richard)
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Request |
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| 39 |
Filed: 11/1/2016, Entered: 11/1/2016 |
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ATTORNEY Appearance for Intervenor USF Holland LLC by Scott Taylor Stirling (Stirling, Scott)
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Request |
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| 38 |
Filed: 11/1/2016, Entered: 11/1/2016 |
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by USF Holland LLC (Conlon, Robert)
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Request |
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| 37 |
Filed: 11/1/2016, Entered: 11/1/2016 |
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NOTICE of Motion by Robert Patrick Conlon for presentment of motion to intervene 35 before Honorable Virginia M. Kendall on 11/9/2016 at 09:00 AM. (Conlon, Robert)
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Request |
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| 36 |
Filed: 11/1/2016, Entered: 11/1/2016 |
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MEMORANDUM by USF Holland LLC in support of motion to intervene 35 (Conlon, Robert)
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Request |
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| 35 |
Filed: 11/1/2016, Entered: 11/1/2016 |
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MOTION by Intervenor USF Holland LLC to intervene (Attachments: # 1 Exhibit A [Proposed Answer/Crossclaim])(Conlon, Robert)
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Request |
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| 34 |
Filed: 11/1/2016, Entered: 11/1/2016 |
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ATTORNEY Appearance for Intervenor USF Holland LLC by Robert Patrick Conlon (Conlon, Robert)
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Request |
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| 33 |
Filed: 10/14/2016, Entered: 10/14/2016 |
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MINUTE entry before the Honorable Virginia M. Kendall. End of Fact Discovery Status hearing set for 1/5/2017 at 9:00 AM. The parties shall be prepared to report to the court whether a dispositive motion will be filed, whether expert discovery is necessary, and whether they wish to schedule a settlement conference. Mailed notice (lk, )
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Request |
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| 32 |
Filed: 10/13/2016, Entered: 10/14/2016 |
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MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 10/13/2016. End of Fact Discovery ordered closed by 12/31/2016. Dispositive Motions with supporting memoranda shall be filed by 1/11/2017. Responses due by 2/8/2017. Replies due by 2/22/2016. End of Fact Discovery ordered closed for Third Party Defendant Goetssch-Kay LLC by 2/22/2017. Mailed notice (lk, )
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Request |
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| 31 |
Filed: 10/10/2016, Entered: 10/10/2016 |
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Answers to Affirmative Defenses by Worldwide Transportation Shipping Corporation (Theodore, Jennifer)
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Request |
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| 30 |
Filed: 9/12/2016, Entered: 9/12/2016 |
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MINUTE entry before the Honorable Virginia M. Kendall. By agreement of the parties, Status hearing set for 9/13/2016 is reset for 10/13/2016 at 9:00 AM. Mailed notice (lk, )
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Request |
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| 29 |
Filed: 9/12/2016, Entered: 9/12/2016 |
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Corporate Disclosure Statement Pursuant to F.R.C.P 7.1 and Local Rule 3.2 by Goetssch-Kay LLC (Attachments: # 1 Notice of Filing)(Wolf, Thomas)
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Request |
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| 28 |
Filed: 9/12/2016, Entered: 9/12/2016 |
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ANSWER to Third Party Complaint Worldwide Transportation Shipping Corporations by Goetssch-Kay LLC (Attachments: # 1 Notice of Filing)(Wolf, Thomas)
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Request |
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| 27 |
Filed: 9/12/2016, Entered: 9/12/2016 |
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ATTORNEY Appearance for Third Party Defendant Goetssch-Kay LLC by Thomas M. Wolf (Wolf, Thomas)
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Request |
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| 26 |
Filed: 9/12/2016, Entered: 9/12/2016 |
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ATTORNEY Appearance for Third Party Defendant Goetssch-Kay LLC by Josh M. Kantrow (Kantrow, Josh)
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Request |
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| 25 |
Filed: 9/2/2016, Entered: 9/2/2016 |
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MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 9/7/2016 is reset for 9/13/2016 at 10:00 AM. Mailed notice (lk, )
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Request |
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| 24 |
Filed: 7/21/2016, Entered: 7/21/2016 |
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MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 7/21/2016 and continued for 9/7/2016 at 9:00 AM. Mailed notice (lk, )
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Request |
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| 23 |
Filed: 7/14/2016, Entered: 7/14/2016 |
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THIRD party complaint by Worldwide Transportation Shipping Corporation against Goetssch-Kay LLC . (Attachments: # 1 Exhibit A - D)(Theodore, Jennifer)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 22 |
Filed: 7/13/2016, Entered: 7/13/2016 |
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MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Motion for leave to file third party Complaint 19 is granted. Motion hearing set for 7/18/2016 is stricken. Mailed notice (lk, )
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Request |
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| 21 |
Filed: 7/12/2016, Entered: 7/12/2016 |
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Re- NOTICE of Motion by Jennifer Marie Theodore for presentment of motion for leave to file 19 before Honorable Virginia M. Kendall on 7/19/2016 at 09:30 AM. (Theodore, Jennifer)
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Request |
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| 20 |
Filed: 7/11/2016, Entered: 7/11/2016 |
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NOTICE of Motion by Jennifer Marie Theodore for presentment of motion for leave to file 19 before Honorable Jeffrey Cole on 7/18/2016 at 08:30 AM. (Theodore, Jennifer)
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Request |
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| 19 |
Filed: 7/11/2016, Entered: 7/11/2016 |
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MOTION by Defendant Worldwide Transportation Shipping Corporation for leave to file Third Party Complaint (Theodore, Jennifer)
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Request |
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| 18 |
Filed: 5/19/2016, Entered: 5/20/2016 |
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MINUTE entry before the Honorable Virginia M. Kendall. Initial Status hearing held on 5/19/2016. Status hearing set for 7/21/2016 at 9:00 AM. Mailed notice (lk, )
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Request |
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| 17 |
Filed: 5/12/2016, Entered: 5/12/2016 |
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MINUTE entry before the Honorable Virginia M. Kendall. Status hearing reset for 5/19/2016 at 1:30 PM. (TIME CHANGE ONLY) Mailed notice (lk, )
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Request |
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| 16 |
Filed: 5/4/2016, Entered: 5/4/2016 |
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MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Agreed Motion to reset initial status hearing 13 is granted. Initial status hearing set for 5/10/2016 is reset for 5/19/2016 at 9:00 AM. Motion hearing set for 5/9/2016 is stricken. Mailed notice (lk, )
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Request |
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| 15 |
Filed: 5/3/2016, Entered: 5/3/2016 |
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STATUS Report Joint Initial by Hartford Underwriters Insurance Co. (Valentino, Richard)
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Request |
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| 14 |
Filed: 5/3/2016, Entered: 5/3/2016 |
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NOTICE of Motion by Richard Thomas Valentino for presentment of motion to reset 13 before Honorable Virginia M. Kendall on 5/9/2016 at 09:00 AM. (Valentino, Richard)
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Request |
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| 13 |
Filed: 5/3/2016, Entered: 5/3/2016 |
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MOTION by Plaintiff Hartford Underwriters Insurance Co. to reset Initial Status Conference by Agreement of All Parties (Valentino, Richard)
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Request |
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| 12 |
Filed: 4/5/2016, Entered: 4/5/2016 |
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ANSWER to Complaint with Jury Demand by Worldwide Transportation Shipping Corporation(Theodore, Jennifer)
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Request |
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| 11 |
Filed: 4/5/2016, Entered: 4/5/2016 |
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ATTORNEY Appearance for Defendant Worldwide Transportation Shipping Corporation by Jennifer Marie Theodore (Theodore, Jennifer)
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Request |
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| 10 |
Filed: 4/4/2016, Entered: 4/4/2016 |
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ATTORNEY Appearance for Defendant Worldwide Transportation Shipping Corporation by Kevin G. Owens (Owens, Kevin)
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Request |
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| 9 |
Filed: 3/15/2016, Entered: 3/15/2016 |
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MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 5/10/2016 at 9:00 a.m. Joint Status Report due by 5/3/2016. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. Prior to the Initial Status Hearing, the Parties are to exchange initial disclosures (Fed. R. Civ. P. 26(a)(1)). At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Mailed notice. (lk, ) Modified on 3/15/2016 (lk, ).
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Request |
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| 8 |
Filed: 3/1/2016, Entered: 3/1/2016 |
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NOTICE by Noreen Finnegan re answer to complaint 7 (Stec, Sean)
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Request |
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| 7 |
Filed: 3/1/2016, Entered: 3/1/2016 |
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ANSWER to Complaint by Noreen Finnegan(Stec, Sean)
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Request |
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| 6 |
Filed: 3/1/2016, Entered: 3/1/2016 |
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ATTORNEY Appearance for Defendant Noreen Finnegan by Sean Christian Stec (Stec, Sean)
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Request |
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| 5 |
Filed: 2/19/2016, Entered: 2/19/2016 |
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Exhibits to Complaint by Hartford Underwriters Insurance Co. A through H (Valentino, Richard)
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Request |
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Filed: 2/18/2016, Entered: 2/18/2016 |
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CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Jeffrey Cole. (dc, )
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| 4 |
Filed: 2/18/2016, Entered: 2/18/2016 |
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ATTORNEY Appearance for Plaintiff Hartford Underwriters Insurance Co. by Britta Anne Sahlstrom (Sahlstrom, Britta)
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Request |
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| 3 |
Filed: 2/18/2016, Entered: 2/18/2016 |
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ATTORNEY Appearance for Plaintiff Hartford Underwriters Insurance Co. by Richard Thomas Valentino (Valentino, Richard)
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Request |
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| 2 |
Filed: 2/18/2016, Entered: 2/18/2016 |
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CIVIL Cover Sheet (Valentino, Richard)
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Request |
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| 1 |
Filed: 2/18/2016, Entered: 2/18/2016 |
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COMPLAINT for Declaratory Judgment filed by Hartford Underwriters Insurance Co.; Filing fee $ 400, receipt number 0752-11629642. (Attachments: # 1 Exhibit A through H)(Valentino, Richard)
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Request |
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