Olmsted, et al v. USAA Casualty Ins Co

Federal Civil Lawsuit Arizona District Court, Case No. 2:02-cv-01143-FJM
District Judge Frederick J Martone, presiding
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District Judge Frederick J Martone
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Summary

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Parties
No Logo George J Olmsted, Plaintiff

Represented by babyboomerang.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Mark W Arnett +1 480 839 4600 +1 480 839 2740 mark@babyboomerang.com
No Logo Valerie DeLucchi, Plaintiff

Represented by babyboomerang.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Mark W Arnett +1 480 839 4600 +1 480 839 2740 mark@babyboomerang.com
v.
No Logo USAA Casualty Insurance Company, Defendant

Represented by Bowman and Brooke LLP

Name Phone Fax E-Mail
Space Stephanie Lee Chilton +1 602 643 2447 +60248094 602 248 0947 stephanie.chilton@bowmanandbrooke.com

Represented by Kunz Plitt Hyland & Demlong PC

Name Phone Fax E-Mail
Space Timothy R Hyland +1 602 331 4600 +1 602 331 8600 trh@kunzlegal.com
Attributes
Office Phoenix Division
Filed 6/20/2002
Jury Demand Plaintiff
Demand $0
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332 Diversity-Other Contract
Jurisdiction Diversity
Disposition Dismissed - Settled
County Maricopa
Terminated 10/16/2003
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case CV2002-009613[Sup Ct Maricopa]
Def Custody Status
Flags STD, TERMED
Timeline
  Entries (64) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 62 Filed: 10/16/2003, Entered: 10/16/2003, Terminated: 2/17/2004 OrderCourt Filing
ORDER by Judge Frederick J. Martone granting stipulation to dismiss case with prejudice by plas, dft, each party to bear its own costs, expenses and attorneys' fees (cc: all counsel/order book) (LAD)
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Blank 61 Filed: 10/10/2003, Entered: 10/14/2003 Stipulation
STIPULATION to dismiss case with prejudice by plas, dft (LAD)
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Blank 60 Filed: 9/24/2003, Entered: 9/24/2003 OrderCourt Filing
ORDER by Judge Frederick J. Martone re: settlement [59-1] notice; ORDERED that this matter will be dismissed with prejudice within 30 days of the date of this order unless a stipulation to dismiss is filed prior to the dismissal date; FURTHER ORDERED that all pending hearings and motions are deemed moot; possbl dsm ddl set for 10/24/03 ; pretrial conference, jury trial moot ; finding the motion to strike report of Philip Schembri (exhibit 6 to response to statement of facts in support of motion for summary judgment) by dft USAA Casualty Ins [55-1] moot., finding the motion for summary judgment (on pla's complaint) by dft USAA Casualty Ins [47-1] moot., finding the motion for pretrial conference by plas [41-1] moot. (cc: all counsel) (LAD)
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Blank 59 Filed: 9/23/2003, Entered: 9/24/2003 Notice of Settlement
NOTICE OF SETTLEMENT AND NOTICE TO COURT that pla must first seek approval of the settlement from the Probate Court before the matter may be dismissed filed by dft USAA Casualty Ins; possible dism ddl set for 11/24/03 (LAD)
LREF
Blank 58 Filed: 9/15/2003, Entered: 9/16/2003 Stipulation
STIPULATION for Extension of Time until 9/19/03 for Plaintiff Valerie DeLucchi to Respond to Motion to Strike 6/18/03 report of Philip Schembri (exhibit 6 to response to separate statement of facts in support of motion for summary judgment) by dft USAA Casualty Ins [55-1] by pla Valerie DeLucchi, dft USAA Casualty Ins (SAT)
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Blank 57 Filed: 9/2/2003, Entered: 9/4/2003 Reply to Response to Motion
REPLY by dft USAA Casualty Ins to response to motion for summary judgment (on pla's complaint) by dft USAA Casualty Ins [47-1] (LAD)
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Blank 56 Filed: 9/2/2003, Entered: 9/4/2003 Statement
CONTROVERTING STATEMENT OF FACTS in response to pla's additional statements of facts by dft USAA Casualty Ins (LAD)
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Blank 55 Filed: 9/2/2003, Entered: 9/4/2003 Motion to Strike
MOTION to strike 6/18/03 report of Philip Schembri (exhibit 6 to response to separate statement of facts in support of motion for summary judgment) by dft USAA Casualty Ins [55-1] (LAD)
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Blank 54 Filed: 8/27/2003, Entered: 8/27/2003 OrderCourt Filing
ORDER by Judge Frederick J. Martone granting stipulation for dismissal of count 1 of pla's complaint by plas, dft; each side to bear its own fees and costs; count 2 of pla's complaint, breach of contract, is not dismissed (cc: all counsel) (LAD)
LREF
Blank 53 Filed: 8/25/2003, Entered: 8/27/2003 Response to Motion
RESPONSE by plas to motion for summary judgment (on pla's complaint) by dft USAA Casualty Ins [47-1] (LAD)
LREF
Blank 52 Filed: 8/25/2003, Entered: 8/27/2003 Response
RESPONSE by plas to separate statement of facts in support of motio for summary judgment [48-1] (LAD)
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Blank 51 Filed: 8/25/2003, Entered: 8/27/2003 Stipulation
STIPULATION for dismissal of count 1 of pla's complaint (count 2 remains) by plas, dft (LAD)
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Blank 50 Filed: 8/20/2003, Entered: 8/20/2003 OrderCourt Filing
ORDER by Judge Mary H. Murguia for Judge Frederick J Martone granting stipulation to extend time to respond to motion for summary judgment (on pla's complaint) by dft USAA Casualty Ins (until 8/25/03) [47-1] by pla, dfts; FURTHER ORDERED dft shall reply no later than 3:00 pm on Tuesday, 9/2/03; the request to vacate and reschedule the trial date is denied and the 10/14/03 trial date is affirmed (cc: all counsel) (LAD) Modified on 08/20/2003
LREF
Blank 49 Filed: 7/31/2003, Entered: 8/1/2003 Stipulation
STIPULATION to extend time to respond to motion for summary judgment (on pla's complaint) by dft USAA Casualty Ins (until 8/25/03) [47-1] by pla, dfts (proposed response not provided) (1st request) (LAD)
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Blank 48 Filed: 7/1/2003, Entered: 7/2/2003 Statement
SEPARATE STATEMENT OF FACTS by dft USAA Casualty Ins re motion for summary judgment (on pla's complaint) by dft USAA Casualty Ins [47-1] (BULKY DOCUMENT) (LAD)
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Blank 47 Filed: 7/1/2003, Entered: 7/2/2003, Terminated: 8/20/2003 Motion for Summary Judgment
MOTION for summary judgment (on pla's complaint) by dft USAA Casualty Ins [47-1] (LAD)
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Blank 46 Filed: 6/6/2003, Entered: 6/10/2003 Notice of Deposition
NOTICE by dft USAA Casualty Ins OF TAKING DEPO OF Custodian of Records, Allstate Insurance Company, on the following date(s): 6/20/03 at 10 am (LAD)
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Blank 45 Filed: 6/4/2003, Entered: 6/6/2003 Other Notice
NOTICE of Service of Supplement to its Second Supplemental Rule 26 Disclosure Statement by dft (SAT)
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Blank 44 Filed: 5/30/2003, Entered: 6/3/2003 Other Notice
NOTICE of compliance of 2nd supplemental disclosure statement pursuant to FRCivP 26(a) by dft USAA Casualty Ins (LAD)
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Blank 43 Filed: 5/28/2003, Entered: 5/30/2003 Response to Motion
RESPONSE (OBJECTION) by dft USAA Casualty Ins to motion for pretrial conference by plas [41-1] (LAD)
LREF
Blank 42 Filed: 5/20/2003, Entered: 5/23/2003 Notice of Deposition
2ND AMENDED NOTICE by dft USAA Casualty Ins OF TAKING DEPO OF Valerie Delucchi on the following date(s): 5/28/03 at 10 am (LAD)
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Blank 41 Filed: 5/16/2003, Entered: 5/22/2003, Terminated: 3/31/2004 Motion for Hearing or Conference
MOTION (REQUEST) for pretrial conference by plas [41-1] (LAD)
LREF
Blank 40 Filed: 5/15/2003, Entered: 5/19/2003 Notice of Deposition
AMENDED NOTICE by dft USAA Casualty Ins OF TAKING DEPO OF Chris Lueck on the following date(s): 5/27/03 at 10 am (LAD)
LREF
Blank 39 Filed: 5/15/2003, Entered: 5/19/2003 Notice of Deposition
AMENDED NOTICE by dft USAA Casualty Ins OF TAKING DEPO OF Valerie Delucchi on the following date(s): 5/30/03 at 10 am (LAD)
LREF
Blank 38 Filed: 5/12/2003, Entered: 5/15/2003 Notice of Deposition
NOTICE by dft OF TAKING DEPO OF Valerie Delucchi on the following date(s): 5/28/03 at 10:00 am (CMM)
LREF
Blank 37 Filed: 5/12/2003, Entered: 5/15/2003 Notice of Change of Address
NOTICE by dft of change of address of counsel firm: Bess Kunz, 3838 N Central Avenue, Suite 1500, Phoenix, AZ 85012-1902 (CMM)
LREF
Blank 36 Filed: 5/9/2003, Entered: 5/12/2003 Notice of Deposition
NOTICE by dft OF TAKING DEPO OF Phillip Schembri on the following date(s): 5/23/03 (SAT)
LREF
Blank 35 Filed: 5/9/2003, Entered: 5/12/2003 Notice of Deposition
NOTICE by dft OF TAKING DEPO OF Chris Lueck on the following date(s): 5/22/03 (SAT)
LREF
Blank 34 Filed: 5/7/2003, Entered: 5/12/2003 Other Notice
NOTICE of service of discovery responses by pla George J Olmsted, pla Valarie Olmsted . (former emp)
LREF
Blank 33 Filed: 5/6/2003, Entered: 5/8/2003 Other Notice
NOTICE by dft USAA Casualty Ins of offer of judgment (LAD)
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Blank 32 Filed: 4/25/2003, Entered: 4/28/2003 Notice of Change of Address
NOTICE by dft USAA Casualty Ins of change of address: Timothy R Hyland, Bess Kunz, 3838 N Central Ave, Ste 1500, Phoenix, AZ 85012-1902, phone and fax numbers remain the same (cc: atty maint) (LAD)
LREF
Blank 31 Filed: 3/12/2003, Entered: 3/12/2003 OrderCourt Filing
ORDER by Judge Frederick J. Martone denying motion to Strike Plaintiff's Disclosure of Expert Testimony by dft [25-1] but FURTHER ORDERED limited pla to the expert disclosed by the disclosure cutoff date, Mr Schembri, and limiting him to the opinions disclosed by that date (cc: all counsel) (LAD)
LREF
Blank 30 Filed: 3/4/2003, Entered: 3/7/2003 Other Notice
NOTICE of compliance of 1st supplemental disclosure statement pursuant to FRCivP 26(a) by dft USAA Casualty Ins (LAD)
LREF
Blank 29 Filed: 2/28/2003, Entered: 3/4/2003 Reply to Response to Motion
REPLY by dft to response to motion to Strike Plaintiff's Disclosure of Expert Testimony by dft [25-1] (DMT)
LREF
Blank 28 Filed: 2/18/2003, Entered: 2/20/2003 Response to Motion
RESPONSE by plas to motion to Strike Plaintiff's Disclosure of Expert Testimony by dft [25-1] (LAD)
LREF
Blank 27 Filed: 2/14/2003, Entered: 2/19/2003 Other Notice
NOTICE of service of discovery by plas (LAD)
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Blank 26 Filed: 1/31/2003, Entered: 2/3/2003 Other Notice
NOTICE of Service of Expert Witness Disclosure by dft (SAT)
LREF
Blank 25 Filed: 1/31/2003, Entered: 2/3/2003, Terminated: 3/12/2003 Motion to Strike
MOTION to Strike Plaintiff's Disclosure of Expert Testimony by dft [25-1] (SAT)
LREF
Blank 24 Filed: 1/10/2003, Entered: 1/14/2003 Other Notice
NOTICE of service of discovery by plas. (LAD)
LREF
Blank 23 Filed: 12/30/2002, Entered: 1/2/2003 Other Notice
NOTICE of service of discovery by dft USAA Casualty Ins Corp (LAD)
LREF
Blank 22 Filed: 11/14/2002, Entered: 11/16/2002 Answer
ANSWER to first amended complaint [21-1], [1-2] by dft USAA Casualty Ins Co (REW)
LREF
Blank 21 Filed: 11/5/2002, Entered: 11/12/2002 Amended Complaint
FIRST AMENDED COMPLAINT by pla Valarie Olmsted (representative of Estate of George Olmstead, III [1-2] (former emp)
LREF
Blank 20 Filed: 11/5/2002, Entered: 11/5/2002 OrderCourt Filing
ORDER by Judge Frederick J. Martone granting motion to amend complaint [1-2] by plas [17-1]; The Plaintiff shall file the amended complaint with the clerk of the court (cc: all counsel) (SAT)
LREF
Blank 19 Filed: 10/28/2002, Entered: 10/31/2002 Reply to Response to Motion
REPLY in support by all plas to response to motion to amend complaint [1-2] by plas [17-1] (REW)
LREF
Blank 18 Filed: 10/17/2002, Entered: 10/21/2002 Response to Motion
RESPONSE by dft USAA Casualty Ins Co to motion to amend complaint [1-2] by plas [17-1] UNSIGNED proposed amended complaint attached to this motion) (LAD)
LREF
Blank 17 Filed: 9/30/2002, Entered: 10/3/2002 Motion to Amend/Correct
MOTION to amend complaint [1-2] by plas [17-1] UNSIGNED proposed amended complaint attached to this motion) (LAD)
LREF
Blank 16 Filed: 9/27/2002, Entered: 10/3/2002 Other Notice
NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft USAA Casualty Ins Co (LAD)
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Blank 15 Filed: 9/27/2002, Entered: 10/3/2002 Other Notice
NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by plas (LAD)
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Blank 14 Filed: 9/17/2002, Entered: 9/17/2002 Scheduling OrderCourt Filing
SCHEDULING ORDER by Judge Frederick J. Martone ; discovery due 6/1/03 ; dispositive motions due 7/1/03 ; pretrial order due 9/26/03 ; Pretrial conference set for 3:00 10/3/03 ; jury trial set for 9:30 10/14/03 (cc: all counsel) (LAD)
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Blank 13 Filed: 9/13/2002, Entered: 9/16/2002 Minutes-MiscellaneousCourt Filing
MINUTE ENTRY before Judge Frederick J. Martone. Crt Rptr: Linda Schroeder-Willis. Appearances: Mark Arnett for plaintiffs; Stephanie Chilton for defendant. Scheduling conference is held; the court enters the following deadlines: discovery ddl set for 6/1/03; dispositive motions due 7/1/03; PTO ddl set for 9/26/03; pretrial conference set for 3:00 pm on 10/3/03; jury trial set for 9:30 am on 10/14/03 (7 days). [cc: FJM] [13-2] (KCB) Modified on 12/26/2002
LREF
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Blank 12 Filed: 9/4/2002, Entered: 9/9/2002 Report re: Rule 26(f) Planning Meeting
CASE MGT PLAN/REPORT: joint pretrial order ddl 1/23/04; discovery cutoff 9/27/03; dispositive motions filing ddl is 10/22/03 (LAD)
LREF
Blank 11 Filed: 8/9/2002, Entered: 8/14/2002 Notice of Deposition
NOTICE by dft USAA Casualty Ins Co OF TAKING DEPO OF Custodian of Records, Bank of America, on the following date(s): 9/6/02 at 9:00 am (LAD)
LREF
Blank 10 Filed: 8/8/2002, Entered: 8/14/2002 ERRATA
NOTICE OF ERRATA by dft USAA Casualty Ins Co to notice of removal [1-1] (that dft's correct name is USAA Casualty Insurance Company - dft is listed as such on the docket) (LAD)
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Blank 9 Filed: 8/8/2002, Entered: 8/14/2002 Statement
STATEMENT OF FACT OF DEATH (of pla George J Olmsted) by plas (LAD)
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Blank 8 Filed: 8/7/2002, Entered: 8/7/2002 Minute Order - Miscellaneous
MINUTE ORDER a notice of withdrawal from arbitration having been received, counsel/parties are advised that this case is returned to the regular civil docket of the Honorable Frederick J. Martone for all further proceedings. (cc: all counsel/FJM/KB) [8-1] re: order (minute) [8-1] (MAP)
LREF
Blank -- Filed: 8/6/2002, Entered: 8/7/2002 Miscellaneous Document
NOTICE of removal from Arbitration (MAP)
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Blank -- Filed: 8/5/2002, Entered: 8/7/2002 Miscellaneous Document
NOTICE of removal from Arbitration (MAP)
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Blank 7 Filed: 7/29/2002, Entered: 8/2/2002 Other Notice
NOTICE by dft USAA Casualty Ins Co of correct corporate designation of dft USAA Casualty Company (LAD)
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Blank 6 Filed: 7/16/2002, Entered: 7/16/2002 ADR-Miscellaneous
NOTICE: this case referred to Arbitration; removal from arbitration due 8/6/02 (cc: all counsel/FJM/KB) (MAP)
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Blank 4 Filed: 7/3/2002, Entered: 7/3/2002 OrderCourt Filing
ORDER SETTING RULE 16 SCHEDULING CONFERENCE by Judge Frederick J. Martone ; prel scheduling conf set for 3:00 9/13/02 (cc: all counsel) (CMM)
LREF
Blank 5 Filed: 7/1/2002, Entered: 7/3/2002 Other Notice
NOTICE by dft USAA Casualty Ins Co of service of documents re: availability of magistrate judge and voluntary arbitration to plas on 7/1/02 (former emp)
LREF
Blank 3 Filed: 6/26/2002, Entered: 7/1/2002 Jury Demand
DEMAND for jury trial by pla George J Olmsted, pla Valarie Olmsted (former emp)
LREF
Blank 2 Filed: 6/21/2002, Entered: 7/1/2002 Answer
ANSWER to plas' complaint [1-2] by dft USAA Casualty Ins Co (former emp)
LREF
Blank 1 Filed: 6/20/2002, Entered: 6/20/2002 ADR-Miscellaneous
NOTICE of removal from Maricopa County Superior Court; Court Number: Cv2002-009613. Considered for possible arbitration. (summons/complaint) (ESH)
LREF

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