Wesco Insurance Company v. CEB186E et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:16-cv-01287
District Judge Leonie M. Brinkema, presiding
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District Judge Leonie M. Brinkema
Last Updated July 30, 2025 at 1:20 AM EDT (5.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Wesco Insurance Company, Plaintiff

Represented by Morin & Barkley LLP

Name Phone Fax E-Mail
Space Rachel D.G. Horvath rhorvath@morinandbarkley.com
Space Marc Andrew Peritz +1 434 293 1200 maperitz@morinandbarkley.com
v.
No Logo Anonymized Party [CEB186E], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Edward Lefebvre Allen +1 540 786 4100 +5367 536 536 7213 allen200@att.net
No Logo Progressive Advanced Insurance Co., Defendant

Represented by Williams Negler Verser & Lane (FFX)

Name Phone Fax E-Mail
Space Christopher Daniel Williams CWillia8@Progressive.com
Attributes
Nature of Suit 110 - Contract - Insurance
Cause Section 28 U.S.C. § 1332 Diversity-Insurance Contract
Jurisdiction Diversity
Case Status closed
Jury Demand None
Monetary Demand $75,000
Anonymization By SCALES
Timeline
  Entries (44) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 40 Filed: 5/25/2017, Entered: 5/25/2017 Court Filing
CLERK'S JUDGMENT: Judgment in favor of defendant Brian CEB186E. Signed by District Judge Leonie M. Brinkema on 5/25/17. (yguy)
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Legal Document (Payment Possibly Required) 39 Filed: 5/25/2017, Entered: 5/25/2017 Court Filing
ORDER: For the reasons stated in open court, it is hereby ORDERED that defendant CEB186E Motion for Summary Judgment [Dkt. No.27] and Motion to Exclude Plaintiff's Expert Christopher P. Holstege, M.D. [Dkt No. 32]be and are GRANTED, and it is further ORDERED, ADJUDGED, AND DECREED that at the time of the automobile accident on September 8,2014 defendant CEB186E was operating the covered vehicle with the reasonable belief that he was entitled to do so in the scope of his employment with County Wasteof Virginia, LLC and was therefore covered by the uninsured motorist coverage in the Commercial Package Insurance Policy provided by Wesco Insurance Company. Signed by District Judge Leonie M. Brinkema on 5/25/17. (yguy)
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Legal Document (Payment Possibly Required) 38 Filed: 5/25/2017, Entered: 5/25/2017 Court Filing
Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 5/25/2017. Appearances of counsel. Defts 32 MOTION to Exclude Plaintiff's Expert and 27 MOTION for Summary Judgment are argued and GRANTED. (order to follow) (Court Reporter A. Thomson.)(yguy)
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Blank  Filed: 5/23/2017, Entered: 5/23/2017
Set Deadlines as to 27 MOTION for Summary Judgment . Motion Hearing set for 5/25/2017 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )
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Legal Document (Payment Possibly Required) 37 Filed: 5/16/2017, Entered: 5/16/2017
Witness Subpoena returned as to Robert Griffin by Rachel D.G. Horvath on behalf of Wesco Insurance Company (Horvath, Rachel) Modified on 5/17/2017 to edit event text(pmil, ).
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Legal Document (Payment Possibly Required) 36 Filed: 5/16/2017, Entered: 5/16/2017
Witness Subpoena returned as to James Alpy by Rachel D.G. Horvath on behalf of Wesco Insurance Company (Horvath, Rachel) Modified on 5/17/2017 to correct event text (pmil, ).
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Legal Document (Payment Possibly Required) 35 Filed: 5/12/2017, Entered: 5/12/2017
Memorandum in Opposition re 32 MOTION to Exclude Plaintiff's Expert filed by Wesco Insurance Company. (Attachments: # 1 Exhibit 1 - Plaintiffs Designation of Expert Witness, # 2 Exhibit 2 - CEB186E Deposition Excerpt 69:12-18)(Horvath, Rachel)
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Blank  Filed: 5/3/2017, Entered: 5/3/2017
Set Deadlines as to 32 MOTION to Exclude Plaintiff's Expert. Motion Hearing set for 5/25/2017 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )
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Legal Document (Payment Possibly Required) 34 Filed: 5/3/2017, Entered: 5/3/2017
Memorandum in Opposition re 27 MOTION for Summary Judgment filed by Wesco Insurance Company. (Attachments: # 1 Exhibit A - Alpy Deposition Transcript Excerpts)(Horvath, Rachel)
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Legal Document (Payment Possibly Required) 33 Filed: 5/1/2017, Entered: 5/1/2017
Notice of Hearing Date set for 05/25/2017 re 32 MOTION to Exclude Plaintiff's Expert (Allen, Edward)
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Legal Document (Payment Possibly Required) 32 Filed: 5/1/2017, Entered: 5/1/2017
MOTION to Exclude Plaintiff's Expert by CEB186E. (Allen, Edward)
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Legal Document (Payment Possibly Required) 31 Filed: 5/1/2017, Entered: 5/1/2017
Objection to Plaintiff's Exhibits filed by CEB186E. (Allen, Edward)
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Legal Document (Payment Possibly Required) 30 Filed: 4/25/2017, Entered: 4/25/2017
Objections to Defendant's Exhibit List by Wesco Insurance Company.. (Horvath, Rachel)
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Legal Document (Payment Possibly Required) 29 Filed: 4/20/2017, Entered: 4/20/2017 Court Filing
Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Final Pretrial Conference held on 4/20/2017. Appearances of counsel. Parties have filed and exchanged exhibits/witness lists. Summary Judgment Hearing set for 5/25/2017 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. Trial estimate 1 day. Bench Trial set for 6/28/2017 at 09:30 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (Court Reporter A. Thomson.)(yguy)
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Legal Document (Payment Possibly Required) 28 Filed: 4/19/2017, Entered: 4/19/2017
Brief in Support to 27 MOTION for Summary Judgment filed by CEB186E. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Allen, Edward)
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Legal Document (Payment Possibly Required) 27 Filed: 4/19/2017, Entered: 4/19/2017
MOTION for Summary Judgment by CEB186E. (Allen, Edward)
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Legal Document (Payment Possibly Required) 26 Filed: 4/19/2017, Entered: 4/19/2017
Rule 26 Disclosure by Wesco Insurance Company. (Horvath, Rachel)
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Legal Document (Payment Possibly Required) 25 Filed: 4/19/2017, Entered: 4/19/2017
Rule 26 Disclosure by Wesco Insurance Company. (Horvath, Rachel)
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Legal Document (Payment Possibly Required) 24 Filed: 4/19/2017, Entered: 4/19/2017
Exhibit List by CEB186E. (Allen, Edward)
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Legal Document (Payment Possibly Required) 23 Filed: 4/19/2017, Entered: 4/19/2017
Witness List by CEB186E. (Allen, Edward)
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Legal Document (Payment Possibly Required) 22 Filed: 4/18/2017, Entered: 4/18/2017
Statement of Undisputed Facts by Wesco Insurance Company. (Horvath, Rachel)
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Legal Document (Payment Possibly Required) 21 Filed: 4/13/2017, Entered: 4/13/2017 Court Filing
ORDER: Due to a scheduled jury trial on Thursday, April 20, 2017, the final pretrial conference must be advanced to 9:00 a.m. Accordingly, it is herebyORDERED that the final pretrial conference will be held on Thursday, April 20, 2017 at 9:00 a.m. before the undersigned judge. Signed by District Judge Leonie M. Brinkema on 4/13/17. (yguy)
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Legal Document (Payment Possibly Required) 20 Filed: 3/2/2017, Entered: 3/2/2017 Court Filing
ORDER it appears that pltf has received the discovery requests and that under all the circumstances an award of expenses would be unjust (see Order for details). Signed by Magistrate Judge John F. Anderson on 03/02/17. (pmil, )
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Legal Document (Payment Possibly Required) 19 Filed: 2/23/2017, Entered: 2/23/2017
NOTICE - Pursuant to the Local Rules of this Court and the E-Filing Policies and Procedures manual, electronic case filing is mandatory; therefore, paper documents were returned to counsel as to CEB186E (Subpoenas - Amended Affidavit of Service as to Subpoena to Produce Documents, Affidavits/Subpoenas to Testify at a Deposition in a Civil Action. (pmil, )
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Legal Document (Payment Possibly Required) 18 Filed: 2/15/2017, Entered: 2/15/2017
NOTICE - Pursuant to the Local Rules of this Court and the E-Filing Policies and Procedures manual, electronic case filing is mandatory;therefore, paper documents were returned to counsel as to CEB186E - Affidavit/Return of Service as to Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action to: Custodian of Records, County of Waste and Recycling (filed by and sent back to Eric Hertert, process server) (pmil, )
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Legal Document (Payment Possibly Required) 17 Filed: 1/31/2017, Entered: 1/31/2017
Response Request Not to Pay Plaintiff's Expenses or Fees filed by CEB186E. (Allen, Edward)
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Legal Document (Payment Possibly Required) 16 Filed: 1/26/2017, Entered: 1/26/2017 Court Filing
ORDER granting 13 Motion to Compel. Defendant CEB186E shall provide full and complete discovery responses, without objections, to plaintiff within eleven (11) days; that by February 1, 2017, defendant CEB186E shall submit any justification for why he should not be required to pay plaintiff's reasonable expenses incurred in making this motion, including attorney's fees, pursuant to FRCP 37(a)(5). Signed by Magistrate Judge John F. Anderson on 01/26/17. (pmil, )
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Blank  Filed: 1/23/2017, Entered: 1/23/2017
MOTIONS REFERRED to Magistrate Judge: Anderson. 13 MOTION to Compel Discovery Responses (clar, )
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Blank  Filed: 1/23/2017, Entered: 1/23/2017
Set Deadlines as to 13 MOTION to Compel Discovery Responses. Motion Hearing set for 1/27/2017 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (clar, )
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Legal Document (Payment Possibly Required) 15 Filed: 1/19/2017, Entered: 1/19/2017
Notice of Hearing Date set for 01/27/2017 re 13 MOTION to Compel Discovery Responses (Horvath, Rachel)
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Legal Document (Payment Possibly Required) 14 Filed: 1/19/2017, Entered: 1/19/2017
Brief in Support to 13 MOTION to Compel Discovery Responses From CEB186E filed by Wesco Insurance Company. (Attachments: # 1 Exhibit, # 2 Exhibit)(Horvath, Rachel)
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Legal Document (Payment Possibly Required) 13 Filed: 1/19/2017, Entered: 1/19/2017
MOTION to Compel Discovery Responses by Wesco Insurance Company. (Horvath, Rachel)
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Legal Document (Payment Possibly Required) 12 Filed: 12/7/2016, Entered: 12/7/2016
Rule 26 Disclosure by CEB186E. (Attachments: # 1 Exhibit Police Crash Report of 09/08/14, # 2 Exhibit Police Scene Photographs, # 3 Exhibit Property Damage Photographs, # 4 Exhibit Injury/Scar Photographs, # 5 Exhibit Part 1 - Wesco Ins Co., Commercial Package Policy, # 6 Exhibit Part 2 - Wesco Ins Co., Commercial Package Policy)(Allen, Edward)
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Legal Document (Payment Possibly Required) 11 Filed: 11/30/2016, Entered: 11/30/2016
NOTICE of Appearance by Marc Andrew Peritz on behalf of Wesco Insurance Company (Peritz, Marc)
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Legal Document (Payment Possibly Required) 10 Filed: 11/23/2016, Entered: 11/23/2016 Court Filing
Order Rule 16(b) Scheduling Order - Upon consideration of the representations made by the parties in their Joint Rule 26(f) Conference Report and Proposed Agreed Discovery Plan, and taking note of the Scheduling Order entered in this case, the Court makes the following rulings: The Joint Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the court. See Order for more details. Signed by Magistrate Judge John F. Anderson on 11/23/2016. (rban, )
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Legal Document (Payment Possibly Required) 9 Filed: 11/22/2016, Entered: 11/22/2016
Discovery Plan by CEB186E.(Allen, Edward)
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Legal Document (Payment Possibly Required) 8 Filed: 11/9/2016, Entered: 11/9/2016 Court Filing
SCHEDULING ORDER: Initial Pretrial Conference set for 11/30/2016 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Discovery due by 4/14/2017. Final Pretrial Conference set for 4/20/2017 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 11/9/16. (Attachments: # 1 Mag.Consent, # 2 Pretrial Notice)(yguy)
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Legal Document (Payment Possibly Required) 7 Filed: 11/9/2016, Entered: 11/9/2016
ANSWER to 1 Complaint by CEB186E.(Allen, Edward)
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Legal Document (Payment Possibly Required) 6 Filed: 11/8/2016, Entered: 11/8/2016
ANSWER to Complaint by Progressive Advanced Insurance Co..(Williams, Christopher)
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Legal Document (Payment Possibly Required) 5 Filed: 10/27/2016, Entered: 10/28/2016
SUMMONS Returned Executed as to Progressive Advanced Insurance Co.; served on 10/21/2016, answer due 11/14/2016 (pmil, )
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Legal Document (Payment Possibly Required) 4 Filed: 10/26/2016, Entered: 10/26/2016
SUMMONS Returned Executed as to CEB186E; served on 10/20/2016, answer due 11/10/2016 (pmil, )
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Legal Document (Payment Possibly Required) 3 Filed: 10/12/2016, Entered: 10/12/2016
Summons Issued as to Progressive Advanced Insurance Co., CEB186E. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachment (Notice to Attorney Form) for each defendant to be served with the complaint. (Attachments: # 1 CEB186E Summons, # 2 Notice to Attorney Form)(pmil, )
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Legal Document (Payment Possibly Required) 2 Filed: 10/11/2016, Entered: 10/12/2016
Financial Interest Disclosure Statement (Local Rule 7.1) by Wesco Insurance Company. (pmil, )
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Legal Document (Payment Possibly Required) 1 Filed: 10/11/2016, Entered: 10/12/2016
COMPLAINT against Progressive Advanced Insurance Co., CEB186E filed by Wesco Insurance Company (Filing fee $ 400.00, receipt number 0422-5197620). (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)(pmil, )
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