Case details

Court: ohsd
Docket #: 1:17-cv-00040
Case Name: Phoenix Insurance Company et al v. Vita-Mix Corporation et al
PACER case #: 199541
Date filed: 2017-01-13
Assigned to: Judge Susan J. Dlott
Referred to: Magistrate Judge Stephanie K. Bowman
Case Cause: 28:1332 Diversity-Insurance Contract
Nature of Suit: 110 Insurance
Jury Demand: Defendant
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Phoenix Insurance Company
Plaintiff
D John Travis
Gallagher, Sharp, Fulton & Norman Seventh Floor 1501 Euclid Avenue Cleveland, OH 44114-2108 216-241-5310 Fax: 216-241-1608 Email: jtravis@gallaghersharp.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Travelers Property Casualty Company of America
Plaintiff
D John Travis
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Vita-Mix Corporation
Defendant
David J. Hanna
3737 Embassy Parkway PO Box 5521 Akron, OH 44334 330-670-7316 Fax: 330-670-7474 Email: dhanna@hcplaw.net
ATTORNEY TO BE NOTICED

Frank G Mazgaj
Hanna Campbell & Powell 3737 Embassy Parkway Akron, OH 44333 330-670-7300 Fax: 330-670-7450 Email: fmazgaj@hcplaw.net
ATTORNEY TO BE NOTICED

Robert L. Tucker
Hanna Campbell & Powell LLP Suite 100 3737 Embassy Parkway Akron, OH 44333 330-670-7335 Fax: 330-670-7459 Email: Ltucker@hcplaw.net
ATTORNEY TO BE NOTICED

Vita-Mix Manufacturing Corporation
Defendant
David J. Hanna
(See above for address)
ATTORNEY TO BE NOTICED

Frank G Mazgaj
(See above for address)
ATTORNEY TO BE NOTICED

Robert L. Tucker
(See above for address)
ATTORNEY TO BE NOTICED

Vita-Mix Management Corporation
Defendant
David J. Hanna
(See above for address)
ATTORNEY TO BE NOTICED

Frank G Mazgaj
(See above for address)
ATTORNEY TO BE NOTICED

Robert L. Tucker
(See above for address)
ATTORNEY TO BE NOTICED

Vita-Mix Holdings Company
Defendant
David J. Hanna
(See above for address)
ATTORNEY TO BE NOTICED

Frank G Mazgaj
(See above for address)
ATTORNEY TO BE NOTICED

Robert L. Tucker
(See above for address)
ATTORNEY TO BE NOTICED

Vicki Linneman
Defendant
Paul M De Marco
Markovits, Stock & DeMarco, LLC 3825 Edwards Road Suite 650 Cincinnati, OH 45209 513-651-3700 Fax: 513-665-0219 Email: pdemarco@msdlegal.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Obadiah Ritchey
Defendant
Paul M De Marco
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

KMW Coffee, LLC
Defendant
Paul M De Marco
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Vita-Mix Holdings Company
Counter Claimant
David J. Hanna
(See above for address)
ATTORNEY TO BE NOTICED

Frank G Mazgaj
(See above for address)
ATTORNEY TO BE NOTICED

Robert L. Tucker
(See above for address)
ATTORNEY TO BE NOTICED

Vita-Mix Corporation
Counter Claimant
David J. Hanna
(See above for address)
ATTORNEY TO BE NOTICED

Frank G Mazgaj
(See above for address)
ATTORNEY TO BE NOTICED

Robert L. Tucker
(See above for address)
ATTORNEY TO BE NOTICED

Vita-Mix Manufacturing Corporation
Counter Claimant
David J. Hanna
(See above for address)
ATTORNEY TO BE NOTICED

Frank G Mazgaj
(See above for address)
ATTORNEY TO BE NOTICED

Robert L. Tucker
(See above for address)
ATTORNEY TO BE NOTICED

Vita-Mix Management Corporation
Counter Claimant
David J. Hanna
(See above for address)
ATTORNEY TO BE NOTICED

Frank G Mazgaj
(See above for address)
ATTORNEY TO BE NOTICED

Robert L. Tucker
(See above for address)
ATTORNEY TO BE NOTICED

Phoenix Insurance Company
Counter Defendant
D John Travis
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Travelers Property Casualty Company of America
Counter Defendant
D John Travis
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2016-06-28 1 0 Complaint against KMW Coffee, LLC, Vicki Linneman, Obadiah Ritchey, Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation. Filing fee paid $ 400, Receipt number 0647-7690049 Plaintiff has indicated that case may be related to pending civil action 1:15cv00748-SJD. Filed by Travelers Property Casualty Company of America, Phoenix Insurance Company. (Attachments: # 1 Exhibit A - underlying class action complaint, # 2 Exhibit B - primary policies, # 3 Exhibit C - umbrella policies, # 4 Exhibit D - reservation of rights letter, # 5 Civil Cover Sheet) (Travis, D.) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 06/28/2016)
2016-06-28 2 0 Corporate Disclosure Statement filed by Phoenix Insurance Company, Travelers Property Casualty Company of America. (Travis, D.) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 06/28/2016)
2016-06-28 3 0 Corporate Disclosure Statement filed by Travelers Property Casualty Company of America. (Travis, D.) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 06/28/2016)
2016-06-29 4 0 Magistrate Consent Form issued. No summons provided, no summons issued. (S,SR) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 06/29/2016)
2016-07-07 5 0 Praecipe for issuance of Original Summons to Vita-Mix Corporation. filed by Phoenix Insurance Company, Travelers Property Casualty Company of America. Related document(s) 1 . (Travis, D.) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 07/07/2016)
2016-07-07 6 0 Praecipe for issuance of Original Summons to Vicki Linneman. filed by Phoenix Insurance Company, Travelers Property Casualty Company of America. Related document(s) 1 . (Travis, D.) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 07/07/2016)
2016-07-07 7 0 Praecipe for issuance of Original Summons to KMW Coffee. filed by Phoenix Insurance Company, Travelers Property Casualty Company of America. Related document(s) 1 . (Attachments: # 1 Summons KMW Coffee)(Travis, D.) Modified text on 7/8/2016 (S,S). [Transferred from Ohio Northern on 1/13/2017.] (Entered: 07/07/2016)
2016-07-07 8 0 Praecipe for issuance of Original Summons to Vita-Mix Holdings Company. filed by Phoenix Insurance Company, Travelers Property Casualty Company of America. Related document(s) 1 . (Attachments: # 1 Summons to Vita-Mix Holdings)(Travis, D.) Modified text on 7/8/2016 (S,S). [Transferred from Ohio Northern on 1/13/2017.] (Entered: 07/07/2016)
2016-07-07 9 0 Praecipe for issuance of Original Summons to Vita-Mix Management Corporation. filed by Phoenix Insurance Company, Travelers Property Casualty Company of America. Related document(s) 1 . (Attachments: # 1 Summons to Vita-Mix Management)(Travis, D.) Modified text on 7/8/2016 (S,S). [Transferred from Ohio Northern on 1/13/2017.] (Entered: 07/07/2016)
2016-07-07 10 0 Praecipe for issuance of Original Summons to Vita-Mix Manufacturing Corporation. filed by Phoenix Insurance Company, Travelers Property Casualty Company of America. Related document(s) 1 . (Attachments: # 1 Summons Vita-Mix Manufacturing Corporation)(Travis, D.) Modified text on 7/8/2016 (S,S). [Transferred from Ohio Northern on 1/13/2017.] (Entered: 07/07/2016)
2016-07-07 11 0 Praecipe for issuance of Original Summons to Obadiah Ritchey. filed by Phoenix Insurance Company, Travelers Property Casualty Company of America. Related document(s) 1 . (Attachments: # 1 Summons to Obadiah Ritchey)(Travis, D.) Modified text on 7/8/2016 (S,S). [Transferred from Ohio Northern on 1/13/2017.] (Entered: 07/07/2016)
2016-07-08 12 0 Original Summons issued to counsel for service upon KMW Coffee, LLC, Vicki Linneman, Obadiah Ritchey, Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation. (S,S) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 07/08/2016)
2016-08-03 13 0 Case Management Conference Scheduling Order with case management conference to be held on 9/20/2016 at 10:30 AM at Courtroom 15A before Judge Donald C. Nugent. A Report of Parties' Planning Meeting shall be filed with the Court at least three (3) working days before the CMC. Judge Donald C. Nugent on 8/3/16. (G,CA) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 08/04/2016)
2016-09-21 14 0 Return of Service by Clerk by certified mail executed upon Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation, no date of service indicated on green card, filed on behalf of All Plaintiffs (H,SP) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 09/21/2016)
2016-09-23 15 0 Return of Service by Clerk by certified mail executed upon KMW Coffee, LLC on 9/21/2016, filed on behalf of All Plaintiffs (Related document(s) 12 ). (H,SP) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 09/23/2016)
2016-09-26 16 0 Return of Service by Clerk by certified mail executed upon Vicki Linneman, no date of service indicated on green card, filed on behalf of All Plaintiffs (Related document(s) 12 ). (H,SP) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 09/26/2016)
2016-09-26 17 0 Return of Service by Clerk by certified mail executed upon Obadiah Ritchey on 9/21/2016, filed on behalf of All Plaintiffs (Related document(s) 12 ). (H,SP) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 09/26/2016)
2016-10-10 18 0 Motion and memorandum, to dismiss for lack of jurisdiction or, in the alternative to transfer venue filed by Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation. (Tucker, Robert). Modified text/AddedMotion to change/transfer venue on 10/11/2016 (C,KA). [Transferred from Ohio Northern on 1/13/2017.] (Entered: 10/10/2016)
2016-10-10 19 0 Corporate Disclosure Statement filed by Vita-Mix Corporation. (Tucker, Robert) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 10/10/2016)
2016-10-10 20 0 Corporate Disclosure Statement filed by Vita-Mix Manufacturing Corporation. (Tucker, Robert) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 10/10/2016)
2016-10-10 21 0 Corporate Disclosure Statement filed by Vita-Mix Management Corporation. (Tucker, Robert) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 10/10/2016)
2016-10-10 22 0 Corporate Disclosure Statement filed by Vita-Mix Holdings Company. (Tucker, Robert) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 10/10/2016)
2016-10-10 23 0 Attorney Appearance by Robert L. Tucker filed by on behalf of Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation. (Tucker, Robert) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 10/10/2016)
2016-10-11 24 0 Attorney Appearance by Paul M. DeMarco filed by on behalf of KMW Coffee, LLC, Vicki Linneman, Obadiah Ritchey. (DeMarco, Paul) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 10/11/2016)
2016-10-11 25 0 Notice of Joinder by Defendants Linneman, Ritchey, and KMW Coffee, LLC in 18 Motion of the Vitamix Defendants to Dismiss or, in the Alternative, to Transfer Venue to the Southern District of Ohio, Western Division filed by KMW Coffee, LLC, Vicki Linneman, Obadiah Ritchey. (DeMarco, Paul) Added link on 10/11/2016 (C,KA). [Transferred from Ohio Northern on 1/13/2017.] (Entered: 10/11/2016)
2016-10-11 26 0 Attorney Appearance by David J. Hanna filed by on behalf of Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation. (Hanna, David) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 10/11/2016)
2016-10-12 27 0 Attorney Appearance by Frank G. Mazgaj filed by on behalf of Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation. (Mazgaj, Frank) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 10/12/2016)
2016-11-04 28 0 Opposition to 18 Motion to dismiss for lack of jurisdiction or in the alternative,Motion to transfer venue filed by Phoenix Insurance Company. (Travis, D.) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 11/04/2016)
2016-11-14 29 0 Joint Report of Parties' Planning Meeting , filed by Phoenix Insurance Company, Travelers Property Casualty Company of America. (Travis, D.) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 11/14/2016)
2016-11-18 30 0 Reply brief in support of 18 Motion to dismiss for lack of jurisdiction or in the alternative,Motion to transfer venue filed by Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation. (Attachments: # 1 Exhibit 1 - Linneman plaintiffs brief in opposition to motion to dismiss)(Tucker, Robert) Modified text 11/18/2016 (C,KA). [Transferred from Ohio Northern on 1/13/2017.] (Entered: 11/18/2016)
2016-11-21 31 0 Minutes of proceedings before Judge Donald C. Nugent.Case Management Conference held on 11/16/16. Case is assigned to the standard track. Status Conference set for 3/21/2017 at 11:00 AM. Discovery due by 4/28/2017. Time: 15 minutes. (C,KA) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 11/21/2016)
2017-01-12 32 0 Memorandum of Opinion and Order of transfer granting 18 defendants' Motion to transfer this action to the Southern District of Ohio. Judge Donald C. Nugent 1/11/17(C,KA) [Transferred from Ohio Northern on 1/13/2017.] (Entered: 01/12/2017)
2017-01-13 33 0 Case transferred in from District of Ohio Northern; Case Number 1:16-cv-01658. Original file electronic copy of transfer order and docket sheet received. (Entered: 01/13/2017)
2017-01-26 34 0 STIPULATION of Extension of Time to Plead by Defendants Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation. (Tucker, Robert) (Entered: 01/26/2017)
2017-02-15 35 0 ANSWER to 1 Complaint,,, with Jury Demand and, COUNTERCLAIM against Phoenix Insurance Company, Travelers Property Casualty Company of America filed by Vita-Mix Holdings Company, Vita-Mix Corporation, Vita-Mix Manufacturing Corporation, Vita-Mix Management Corporation. (Tucker, Robert) (Entered: 02/15/2017)
2017-02-15 36 0 Defendant KMW Coffee, LLC, Vicki Linneman, and Obadiah Ritchey's ANSWER to 1 Complaint,,, of Phoenix Insurance Company and Travelers Property Casualty Company of America filed by KMW Coffee, LLC, Vicki Linneman, Obadiah Ritchey. (De Marco, Paul) (Entered: 02/15/2017)
2017-02-23 37 0 ORDER referring case to Magistrate Judge Stephanie K. Bowman. Signed by Judge Susan J. Dlott on 2/22/17. (wam) (Entered: 02/23/2017)
2017-02-23 38 0 PRELIMINARY PRETRIAL CONFERENCE NOTICE: Rule 26(f) Meeting Report due by 3/27/2017. (km) (Entered: 02/23/2017)
2017-03-03 39 0 STIPULATION for extension of time to respond to defendant "Vita-Mix" Counterclaim by Plaintiffs Phoenix Insurance Company, Travelers Property Casualty Company of America. (Travis, D) (Entered: 03/03/2017)
2017-03-23 40 0 *DISREGARD THIS ENTRY IT WAS FILED IN ERROR* Reply re 35 Answer to Complaint,, Counterclaim, by Counter Defendants Phoenix Insurance Company, Travelers Property Casualty Company of America, Plaintiffs Phoenix Insurance Company, Travelers Property Casualty Company of America. (Travis, D) Modified to restrict entry to court users only on 3/24/2017 (jlw). (Entered: 03/23/2017)
2017-03-24 41 0 ANSWER to 35 Answer to Complaint,, Counterclaim, filed by Phoenix Insurance Company, Travelers Property Casualty Company of America. (Attachments: # 1 Exhibit Exhibit 1 - Policies, # 2 Exhibit Exhibit 1 part 2 - policies, # 3 Exhibit Exhibit 1 part 3 - policies, # 4 Exhibit Exhibit 1 part 4 - policies, # 5 Exhibit Exhibit 1 part 5 - policies, # 6 Exhibit Exhibit 1 part 6 - policies, # 7 Exhibit Exhibit 1 part 7 - policies, # 8 Exhibit Exhibit 1 part 8 - policies) (Travis, D) (Entered: 03/24/2017)
2017-03-27 42 0 JOINT RULE 26(f) REPORT by Defendants KMW Coffee, LLC, Vicki Linneman, Obadiah Ritchey, Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation, Counter Claimants Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation and all Plaintiffs . (Mazgaj, Frank) Modified to add plaintiffs as joint filers on 3/27/2017 (jlw). (Entered: 03/27/2017)
2017-03-27 43 0 NOTICE: Telephone Scheduling Conference set for 4/25/2017 10:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel shall call 1-888-363-4749 to participate in the telephone conference with Magistrate Judge Stephanie K. Bowman. The conference access code is 8651321 and the security code is 2010. NOTE: You will be required to use this information each time the Court conducts a telephone conference unless otherwise instructed. (km) (Entered: 03/27/2017)
2017-04-09 44 0 MOTION to Stay Proceedings by Defendants Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation, Counter Claimants Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation. (Tucker, Robert) (Entered: 04/09/2017)
2017-04-11 45 0 MOTION for Judgment on the Pleadings and Dismissal of Counterclaim by Plaintiff Phoenix Insurance Company. (Travis, D). Added MOTION to Dismiss on 4/12/2017 (eh). (Entered: 04/11/2017)
2017-04-19 46 0 RESPONSE in Opposition re 44 MOTION to Stay Proceedings filed by Plaintiff Phoenix Insurance Company. (Attachments: # 1 Webber v. J-W Wireline Co., # 2 Shirk v. Fifth Third Bancorp) (Travis, D) (Entered: 04/19/2017)
2017-04-20 47 0 MOTION for Extension of Time to File Response/Reply as to 45 MOTION for Judgment on the Pleadings and Dismissal of Counterclaim MOTION to Dismiss New date requested 6/30/2017. by Defendants Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation, Counter Claimants Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation. (Tucker, Robert) (Entered: 04/20/2017)
2017-04-21 48 0 REPLY to Response to Motion re 44 MOTION to Stay Proceedings filed by Defendants Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation, Counter Claimants Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Management Corporation, Vita-Mix Manufacturing Corporation. (Tucker, Robert) (Entered: 04/21/2017)
2017-04-24 49 0 RESPONSE in Opposition re 47 MOTION for Extension of Time to File Response/Reply as to 45 MOTION for Judgment on the Pleadings and Dismissal of Counterclaim MOTION to Dismiss New date requested 6/30/2017 filed by Counter Defendants Phoenix Insurance Company, Travelers Property Casualty Company of America, Plaintiffs Phoenix Insurance Company, Travelers Property Casualty Company of America. (Attachments: # 1 Phoenix Ext Unreported Cases) (Travis, D) Modified Docket Text to Correct Docket Entry Relationship on 4/25/2017 (km). (Entered: 04/24/2017)
2017-04-25 50 0 NOTICE of Joinder in Motion re 44 MOTION to Stay Proceedings by Defendants KMW Coffee, LLC, Vicki Linneman, Obadiah Ritchey. (De Marco, Paul) Modified docket text on 4/26/2017 (eh). (Entered: 04/25/2017)
2017-05-02 51 0 MEMORANDUM ORDER AND OPINION granting 44 Defendants' Motion to Stay all discovery and case management deadlines until such time as the underlying class action lawsuit in case no. 1:15-cv-00748 is settled. Defendants shall demonstrate the continued necessity of a stay by filing a status report in this case, beginning on 5/26/2017 and continuing every thirty days thereafter, concerning the ongoing status of the Linneman settlement; granting 47 Defendants' Motion for Extension of Time to File Brief in Opposition to Plaintiffs' Motion for Judgment on the Pleadings. Defendants' response is now due twenty-one (21) days after the stay is lifted. Signed by Magistrate Judge Stephanie K. Bowman on 5/2/2017. (km) Modified Docket Text to Clarify on 5/2/2017 (km). (Entered: 05/02/2017)