Case details

Court: pamd
Docket #: 3:11-cv-02190
Case Name: Schlegel et al v. State Farm Mutual Automobile Insurance Company
PACER case #: 87422
Date filed: 2011-11-23
Date terminated: 2013-10-09
Assigned to: Honorable Malachy E Mannion
Case Cause: 28:1446 Breach of Contract- Insurance
Nature of Suit: 110 Insurance
Jury Demand: Both
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Matthew Schlegel
Plaintiff
Arthur J. Rinaldi
2 West Olive Street Scranton, PA 18508 717-344-3244 Email: ajrinaldi@rinaldiadvice.com
ATTORNEY TO BE NOTICED

Jennifer Schlegel
Plaintiff
Arthur J. Rinaldi
(See above for address)
ATTORNEY TO BE NOTICED

State Farm Mutual Automobile Insurance Company
Defendant
Jennifer L. LeVan
Forry Ullman One Bethlehem Plaza Broad & New Streets Suite 400 Bethlehem, PA 18018 610-332-3400 Email: jlevan@forryullman.com
ATTORNEY TO BE NOTICED

Lee E. Ullman
Forry, Ullman, Ullman & Forry, P.C. 540 Court St P.O. Box 542 Reading, PA 19603 610-777-5700 Fax: 16107772499 Email: lullman@forryullman.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-11-23 1 0 NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Company from Court of Common Pleas for Susquehanna County, case number 2011-1408. (Filing fee $ 350 receipt number 2341298), filed by State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Exhibit(s), # 2 Civil Cover Sheet)(ep, ) (Entered: 11/23/2011)
1 1 Exhibit(s)
1 2 Civil Cover Sheet
2011-11-23 2 0 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by State Farm Mutual Automobile Insurance Company. (ep, ) (Entered: 11/23/2011)
2011-11-29 3 0 LETTER ORDER Re: Case Assignment and Procedures Signed by Honorable A. Richard Caputo on 11/29/11. (jam, ) (Entered: 11/29/2011)
2011-11-30 4 0 MOTION to Dismiss Plaintiffs' Complaint by State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Exhibit(s) A - Plaintiffs' Complaint, # 2 Proposed Order, # 3 Certificate of Nonconcurrence)(Ullman, Lee) (Entered: 11/30/2011)
2011-11-30 5 0 BRIEF IN SUPPORT re 4 MOTION to Dismiss Plaintiffs' Complaint filed by State Farm Mutual Automobile Insurance Company.(Ullman, Lee) (Entered: 11/30/2011)
2011-12-14 6 0 MOTION to Remand, filed by Jennifer Schlegel, Matthew Schlegel. (Attachments: # 1 Certificate of Nonconcurrence)(rm, ) (Entered: 12/14/2011)
2011-12-16 7 0 RESPONSE by State Farm Mutual Automobile Insurance Company to 6 MOTION to Remand. (Ullman, Lee) (Entered: 12/16/2011)
2011-12-19 8 0 BRIEF IN OPPOSITION re 4 MOTION to Dismiss Plaintiffs' Complaint filed by Jennifer Schlegel, Matthew Schlegel. (Attachments: # 1 Proposed Order)(ep, ) (Entered: 12/19/2011)
8 1 Proposed Order
2011-12-28 9 0 BRIEF IN OPPOSITION to 4 MOTION to Dismiss Plaintiffs' Complaint, filed by Matthew Schlegel.(rm, ) (Entered: 12/28/2011) 2014-02-06 15:17:21 7a5ec17c332f5b96d88c990706fce50849e9f8a6
2012-02-10 10 0 MEMORANDUM, Motions terminated: 4 MOTION to Dismiss Plaintiffs' Complaint filed by State Farm Mutual Automobile Insurance Company, 6 MOTION to Remand filed by Jennifer Schlegel, Matthew Schlegel.Signed by Honorable A. Richard Caputo on 2/10/12. (jam, ) (Entered: 02/10/2012) 2012-02-11 11:14:41 53a4cb310b9a33492b0d279f09d1e17edcc27149
2012-02-10 11 0 ORDER re 10 Memorandum (Order to follow as separate docket entry), Terminate Motions, Memorandum (Order to follow as separate docket entry), IT IS HEREBY ORDERED that:(1)Defendants Motion to Dismiss (Doc. 4) is GRANTED. Attorney fees will be stricken from Count I, and paragraphs 25 and 28 will be stricken from Count II as impermissible claims under Pennsylvanias Unfair Insurance Practice Act, 40 Pa. C.S.A. § 1171.1 et seq. Counts II and III will be dismissed for failure to state a claim. (2)Plaintiffs are given twenty-one (21) days from the date of this Order to submit an amended complaint as to Counts II and III.(3)Plaintiffs Motion to Remand (Doc. 6) is DENIED. Signed by Honorable A. Richard Caputo on 2/10/12. (jam, ) (Entered: 02/10/2012) 2012-02-11 10:33:37 802671399ecd9a673e5f9f972ec45e224f00c900
2012-02-22 12 0 AMENDED COMPLAINT against State Farm Mutual Automobile Insurance Company, filed by Matthew Schlegel, Jennifer Schlegel. (Attachments: # 1 Certificate of Service)(rm, ) (Entered: 02/22/2012)
12 1 Certificate of Service
2012-03-07 13 0 MOTION to Dismiss Plaintiffs' Amended Complaint by State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Exhibit(s) A - Plaintiffs' Amended Complaint, # 2 Proposed Order, # 3 Certificate of Nonconcurrence)(Ullman, Lee) (Entered: 03/07/2012)
2012-03-15 14 0 NOTICE of Appearance by Jennifer L. LeVan on behalf of State Farm Mutual Automobile Insurance Company (LeVan, Jennifer) (Entered: 03/15/2012)
2012-03-15 15 0 ANSWER to Deft's 13 MOTION to Dismiss Plaintiffs' Amended Complaint, filed by Jennifer Schlegel, Matthew Schlegel. (Attachments: # 1 Proposed Order)(rm, ) (Entered: 03/15/2012)
2012-03-21 16 0 BRIEF IN SUPPORT re 13 MOTION to Dismiss Plaintiffs' Amended Complaint filed by State Farm Mutual Automobile Insurance Company.(Ullman, Lee) (Entered: 03/21/2012)
2012-06-11 17 0 ORDER: IT IS HEREBY ORDERED THAT Plaintiffs shall file a brief in opposition to Defendants Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). (Doc. 4). If Plaintiffs fail to timely file a brief in opposition to this Motion or otherwise communicate with the Court, the Court may grant the unopposed motion without a merits analysis.Signed by Honorable A. Richard Caputo on 6/11/12. (jam, ) (Entered: 06/11/2012)
2012-06-25 18 0 BRIEF IN OPPOSITION re 13 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Jennifer Schlegel, Matthew Schlegel. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Rinaldi, Arthur) (Entered: 06/25/2012)
2012-07-09 19 0 REPLY BRIEF re 13 MOTION to Dismiss Plaintiffs' Amended Complaint filed by State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Exhibit(s) 1 - Sypeck Memorandum Opinion)(Ullman, Lee) (Entered: 07/09/2012)
2012-07-13 20 0 MEMORANDUM re 13 MOTION to Dismiss Plaintiffs' Amended Complaint filed by State Farm Mutual Automobile Insurance Company Signed by Honorable A. Richard Caputo on 7/13/12. (jam, ) (Entered: 07/13/2012) 2012-07-14 09:23:31 6d9c21c504c1ad2a5072d265021d4475e3081974
2012-07-13 21 0 ORDER re 20 Memorandum (Order to follow as separate docket entry) IT IS HEREBY ORDERED that Defendant State Farm Mutual Automobile Insurance Companys Motion to Dismiss Plaintiffs Amended Complaint (Doc. 13) is GRANTED IN PART AND DENIED IN PART as follows: 1.Defendants Motion is DENIED to the extent it seeks to dismiss Plaintiffs claims under Pennsylvanias Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et seq., and Pennsylvanias bad faith insurance statute, 42 Pa. C.S.A. § 8371, as predicated on unreasonable document requests; 2.Defendants Motion is GRANTED in all other respects. Signed by Honorable A. Richard Caputo on 7/13/12. (jam, ) (Entered: 07/13/2012) 2012-07-14 09:23:36 e5edaa010e2559109e59ba7d24057390a0704af5
2012-07-20 22 0 ANSWER to 12 Amended Complaint With Affirmative Defenses by State Farm Mutual Automobile Insurance Company.(Ullman, Lee) (Entered: 07/20/2012)
2012-07-23 23 0 RESPONSE (Answers) to Deft's 22 Affirmative Defenses, filed by Pltfs Jennifer Schlegel, Matthew Schlegel. (rm, ) (Entered: 07/23/2012)
2012-11-13 25 0 CERTIFICATE of SERVICE for discovery materials, filed by Jennifer Schlegel, Matthew Schlegel. (rm) (Entered: 11/13/2012)
2013-01-29 26 0 SCHEDULING ORDER: Case Management Conference set for 2/26/2013 11:30 AM in Scranton before Honorable Malachy E Mannion.Signed by Honorable Malachy E Mannion on 1/29/13. (bs) (Entered: 01/29/2013)
2013-02-15 27 0 CASE MANAGEMENT PLAN JOINT CASE MANAGMENT PLAN by State Farm Mutual Automobile Insurance Company. (Ullman, Lee) (Entered: 02/15/2013)
2013-02-20 28 0 CASE MANAGEMENT PLAN REVISED JOINT CASE MANAGEMENT PLAN by State Farm Mutual Automobile Insurance Company. (Ullman, Lee) (Entered: 02/20/2013)
2013-02-21 29 0 MOTION for Summary Judgment by State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Proposed Order)(Ullman, Lee) (Entered: 02/21/2013)
2013-02-21 30 0 BRIEF IN SUPPORT re 29 MOTION for Summary Judgment filed by State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Exhibit(s) A - WEDEMEYER OPINION, # 2 Exhibit(s) B - MANN OPINION)(Ullman, Lee) (Entered: 02/21/2013)
2013-02-21 31 0 STATEMENT OF FACTS re 30 Brief in Support of Motion for Summary Judgment, 29 MOTION for Summary Judgment filed by State Farm Mutual Automobile Insurance Company. (Attachments: # 1 TABLE OF EXHIBITS TO STATEMENT OF UNDISPUTED FACTS, # 2 Exhibit(s) 1 - PLAINTIFFS COMPLAINT, # 3 Exhibit(s) 2 - ORDER & MEMO GRANTING MOTION TO DISMISS COMPLAINT, # 4 Exhibit(s) 3 - PLAINTIFFS AMENDED COMPLAINT, # 5 Exhibit(s) 4 - ORDER & MEMO RE MOTION TO DISMISS AMENDED COMPLAINT, # 6 Exhibit(s) 5 - CERTIFIED POLICY, # 7 Exhibit(s) 6 - LETTER; 7 - CERTIFICATE OF COVERAGE; 8 - LETTER & PAYMENT LOG; 9 - LETTER, # 8 Exhibit(s) 10 - PLAINTIFFS ANSWERS TO REQUEST FOR ADMISSIONS, # 9 Exhibit(s) 11 - 12 - LETTERS; 13 - LETTER & AFFIDAVIT OF COVERAGE; 14 - 23 - LETTERS; 24 - ACTIVITY LOG NOTE; 25 - LETTER, # 10 Exhibit(s) 26 - PLAINTIFFS AMENDED ANSWERS TO REQUEST FOR ADMISSIONS, # 11 Exhibit(s) 27 - 30 - LETTERS)(Ullman, Lee) (Entered: 02/21/2013)
2013-02-26 32 0 SCHEDULING ORDER: Fact Discovery due 5/22/13, Expert Discovery due by 8/8/2013. Joinder of Parties due by 3/1/2013. Motions due by 7/15/2013.Expert reports will be due from the plaintiff on or before June 3, 2013; from the defendant on or before June 17, 2013; Supplementations, if any, by either party will be due on or before July 8, 2013.Signed by Honorable Malachy E Mannion on 2/26/13. (bs) (Entered: 02/26/2013)
2013-04-26 33 0 MOTION to File Brief in opposition to 29 MOTION for Summary Judgment out of time filed by Jennifer Schlegel, Matthew Schlegel. (Attachments: # 1 Proposed Brief)(ep) (Entered: 04/26/2013)
2013-05-01 34 0 CERTIFICATE of Non-Concurrence, with c/s, filed by Jennifer Schlegel, Matthew Schlegel. (rm) (Entered: 05/01/2013)
2013-05-03 35 0 AMENDED 34 CERTIFICATE of Non-Concurrence, filed by Jennifer Schlegel, Matthew Schlegel. (rm) (Entered: 05/03/2013)
2013-05-03 36 0 ANSWER by State Farm Mutual Automobile Insurance Company to 33 MOTION for Extension of Time to File Brief to 29 MOTION for Summary Judgment filed April 26, 2013. (Ullman, Lee) Modified on 5/6/2013 (bs). (Entered: 05/03/2013)
2013-05-06 37 0 the motion to file the brief out of time, (Doc. No. 33), is GRANTED. The defendant will have until May 15, 2013 to file a reply brief, if it so desires. Reply Brief due by 5/15/2013.Signed by Honorable Malachy E Mannion on 5/6/13 (bs) (Entered: 05/06/2013)
2013-05-06 38 0 BRIEF IN OPPOSITION re 29 MOTION for Summary Judgment filed by Jennifer Schlegel, Matthew Schlegel.(bs) (Entered: 05/06/2013)
2013-05-06 39 0 REPLY BRIEF re 29 MOTION for Summary Judgment in Support of its Motion for Partial Summary Judgment filed by State Farm Mutual Automobile Insurance Company.(Ullman, Lee) (Entered: 05/06/2013)
2013-08-08 40 0 MEMORANDUM (Order to follow as separate docket entry).Signed by Honorable Malachy E Mannion on 8/8/13. (bs) (Entered: 08/08/2013)
2013-08-08 41 0 ORDER (memorandum filed previously as separate docket entry)1.)The motion for partial summary judgement filed by defendant State Farm, (Doc. No. 31), is GRANTED. 2.)Plaintiffs bad faith and UTPCPL claims, Counts II and III of the amended complaint, (Doc. No. 12), are DISMISSED. 3.)The Final Pretrial Conference will be held on October 11, 2013 at 10:30 AM in Courtroom No. 3, of the William J. Nealon Federal Building & U.S. Courthouse, 235 North Washington Ave. Scranton, PA.4.)The Jury Trial will begin on Monday, November 4, 2013, in Courtroom No. 3. Final Pretrial Conference set for 10/11/2013 10:30 AM in Scranton before Honorable Malachy E Mannion. Jury Selection set for 11/4/2013 09:30 AM in Scranton before Honorable Malachy E Mannion. Jury Trial set for 11/4/2013 09:30 AM in Scranton before Honorable Malachy E Mannion.Signed by Honorable Malachy E Mannion on 8/8/13. (bs) (Entered: 08/08/2013)
2013-10-01 42 0 ORDER: The Final Pretrial Conference scheduled for 10/11/2013 will be continued to 10/15/2013 at 10:30 AM in Scranton before Honorable Malachy E Mannion.Signed by Honorable Malachy E Mannion on 10/1/2013. (rm) (Entered: 10/03/2013)
2013-10-09 43 0 Letter from Atty. Rinaldi informing court that case has settled. (bs) (Entered: 10/09/2013)
2013-10-09 44 0 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated.The final pre-trial conference scheduled for October 15, 2013 and jury selection and trial scheduled for November 4, 2013 are CANCELLED.Signed by Honorable Malachy E Mannion on 10/9/13. (bs) (Entered: 10/09/2013)