LUK CLUTCH SYSTEMS LLC v. CENTURY INDEMNITY COMPANY Docket

8/7/2019 LUK CLUTCH SYSTEMS LLC v. CENTURY INDEMNITY COMPANY Docket

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Cat04,Lim

U.S. District Court

Northern District of Ohio (Akron)CIVIL DOCKET FOR CASE #: 5:09-cv-02415-DDD

Luk Clutch Systems LLC v. Century Indemnity Company

Assigned to: Judge David D. Dowd, Jr

Demand: $6,000,000

Case in other court: Wayne County Court of Common Pleas,09 CV 0616

Cause: 28:1332 Diversity-Declaratory Judgment

Date Filed: 10/16/2009

Jury Demand: Plaintiff

Nature of Suit: 110 Insurance

Jurisdiction: Diversity

Plaintiff

Luk Clutch Systems LLC represented by Brian Weinthal

Gilbert

Ste. 700

1100 New York Avenue, NW

Washington, DC 20005

Northern District of Ohio https://ecf.ohnd.uscourts.gov/cgi-bin/Dkt


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ATTORNEY TO BE NOTICE

Mark A. Packman

Gilbert RandolphSte. 700

1100 New York Avenue


202-772-2320

Fax: 202-772-2322


Rachel Kronowitz

Gilbert

Ste. 700

1100 New York Avenue, NW


202-772-1930

TERMINATED: 04/06/2010

V



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1200 Fifth Third Center

600 Superior Avenue, E

Cleveland, OH 44114

216-377-2707Fax: 216-621-0602

Email: dfagnill@davisyoung


Defendant

Insurance Company of North

America

represented by David J. Fagnilli

(See above for address)ATTORNEY TO BE NOTICE

Megan D. Novinc

(See above for address)


Michael R. Orlando

(See above for address)ATTORNEY TO BE NOTICE



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Email: amlavin@wegmanlaw


Keith A. VanderburgWegman, Hessler, & Vanderb

Ste. 200

6055 Rockside Woods Blvd.

Cleveland, OH 44131

216-642-3342

Fax: 216-520-0145

Email: kavanderburg@wegmATTORNEY TO BE NOTICE

Cross-Claimant

MTD Products Inc

TERMINATED: 12/08/2009

represented by Angela M. Lavin

(See above for address)


Keith A. Vanderburg(See above for address)




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10/16/2009 1 FILING ERROR - SEE 2Notice of Removal from Wayne County Co

Pleas Court, case number 09 CV 0616 with jury demand. Filing fee $

receipt number 0647-3785620.. Filed by Century Indemnity Company

(Attachments: # 1 Exhibit Docket Sheet 10-16-09, # 2 Exhibit SummoComplaint, # 3 Exhibit Certification Leave to Plead) (Fagnilli, David)

IN FILING,PROBLEM WITH PDF HEADER, COUNSEL TO RE-F

Modified on 10/16/2009 (C,B). Modified on 10/20/2009 (S,He). (Ente

10/16/2009)

10/16/2009 2Notice of Removal from Wayne County Common Pleas Court, case n

CV 0616 with jury demand (Amended to correct PDF error). Filing fe

receipt number 0647-3785620. Filed by Century Indemnity Company(Attachments: # 1 Exhibit Docket Sheet Common Pleas Court 10-16-0

Exhibit Summons And Complaint Common Pleas, # 3 Exhibit Certific

Leave to Plead) (Fagnilli, David) Modified text on 10/16/2009 (C,B).

to add receipt number to text on 10/20/2009 (S,He). (Entered: 10/16/2

10/16/2009 3 Civil Cover Sheet to 2 Notice of Removal, filed by Century Indemnity

Company. Related document(s) 1 , 2 . (Fagnilli, David) Modified on 1

(C,B). (Entered: 10/16/2009)

10/19/2009 Judge David D Dowd Jr assigned to case (C B) (Entered: 10/19/2



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11/05/2009 8Case Management Conference Scheduling Order with case manage

conference to be held on 12/9/2009 at 12:30 p.m. in Chambers 402 be

David D. Dowd Jr. Signed by Judge David D. Dowd, Jr. on 11/5/2009

(Attachments: # 1 Appendix K, # 2 Discovery Plan, # 3 Local Rule 30Map) (M,De) (Entered: 11/05/2009)

11/12/2009 9Answer to Complaint filed by Century Indemnity Company. (Fagnilli

(Entered: 11/12/2009)

11/12/2009 10Motion for attorney Michael R. Orlando to Appear Pro Hac Vice. Fili

100, receipt number 0647-3826483, filed by Defendant Century Indem

Company. (Attachments: # 1 Affidavit Michael R. Orlando)(Fagnilli, D(Entered: 11/12/2009)

11/12/2009 11Answer to Complaint (Related Doc # 2 ) filed by Insurance Company

America. (Fagnilli, David) (Entered: 11/12/2009)

11/12/2009 12Answer to Complaint (Related Doc # 2 ) filed by Ace American Insur

Company. (Fagnilli, David) (Entered: 11/12/2009)

11/12/2009 13 Corporate Disclosure Statement by Insurance Company of North Ameidentifying Corporate Parent INA Holdings Corporation filed by Insur

Company of North America (Fagnilli David) Modified text on 11/13



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11/24/2009 18 Joint Motion for Order to Excuse Attendance of Party Representative

12/9/09 Case Management Conference filed by all parties. (Fagnilli, D

Modified text on 11/25/2009 (P,G). (Entered: 11/24/2009)

11/25/2009 19Marginal Entry Order granting 18 joint motion to excuse the attenda

party representatives at 12/9/09 CMC. Signed by Judge David D. Dow

11/25/09. (S,He) (Entered: 11/25/2009)

11/25/2009 20Motion for attorney Brian Weinthal to Appear Pro Hac Vice. Filing fe

receipt number 0647-3848720, filed by Plaintiff Luk Clutch Systems L

(Drushal, J.) (Entered: 11/25/2009)

11/25/2009 21 Affidavit/Declaration of Brian Weinthal in Support of Plaintiff's MotioAdmission Pro Hac Vice filed by Luk Clutch Systems LLC. Related do

20 . (Drushal, J.) (Entered: 11/25/2009)

11/25/2009 22 Corporate Disclosure Statement by Luk Clutch Systems LLC identifyi

Corporate Parents Schaeffler Group USA Inc., LuK USA LLC and MT

Products, Inc. filed by Luk Clutch Systems LLC. (Drushal, J.) Modifie

corporate parents on 11/30/2009 (S,He). (Entered: 11/25/2009)

11/25/2009 23 Notice of Service for Initial Disclosures under Rule 26(a)(1) filed by L

Systems LLC (Drushal J ) (Entered: 11/25/2009)



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12/02/2009 27 Notice of Service of Initial Disclosures under Federal Rule of Civil Pr

26(a)(1) filed by Insurance Company of North America. (Fagnilli, Dav

(Entered: 12/02/2009)

12/02/2009 28 Notice of Service of Initial Disclosures under Federal Rule of Civil Pr

26(a)(1) filed by Century Indemnity Company. (Fagnilli, David) (Ente

12/02/2009)

12/02/2009 29Answer to Complaint, Crossclaim against Ace American Insurance C

Century Indemnity Company filed by MTD Products Inc. (Attachmen

Exhibit A - Indemnification Agreement)(Lavin, Angela) (Entered: 12/

12/02/2009 30 Corporate Disclosure Statement by MTD Products Inc filed by MTD PInc. (Lavin, Angela) (Entered: 12/02/2009)

12/02/2009 31 Report of Parties' Planning Meeting Joint Plan for Discovery and Tria

(Standard Track). Parties do not consent to this case being assigned to

magistrate judge, filed by Ace American Insurance Company, Century

Indemnity Company, Insurance Company of North America, Luk Clut

Systems LLC, MTD Products Inc. (Drushal, J.) (Entered: 12/02/2009)

12/07/2009 32 Notice of Voluntary Dismissal as to MTD Products Inc.'s Cross-Claim

FRCP 41(a)(1) filed by MTD Products Inc (Lavin Angela) Modified



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01/12/2010 37Order directing the parties to its previous Order 34 requiring briefs on

of MTD's intervention and dismissal of cross-claim on the Court's sub

jurisdiction over this case. Since plaintiff has already researched this i

brief should be filed by January 25, 2010. Any response by defendantsdue by February 12, 2010. Signed by Judge David D. Dowd, Jr. on 1/1

(M,De) (Entered: 01/12/2010)

01/25/2010 38 Statement to the Court regarding Subject Matter Jurisdiction filed by L

Systems LLC. (Drushal, J.) Modified text on 1/26/2010 (S,He). (Enter

01/25/2010)

02/12/2010 39 Briefof Defendants Regarding Subject Matter Jurisdiction filed by AcAmerican Insurance Company, Century Indemnity Company, Insuranc

Company of North America. (Fagnilli, David) (Entered: 02/12/2010)

02/15/2010 40 Notice of Concurrence with Plaintiff's Statement of Jurisdiction filed b

Products Inc. Related document(s) 38 .(Lavin, Angela) (Entered: 02/1

02/18/2010 41Order that after reviewing the parties' memoranda 38 , 39 , and 40 on

jurisdictional question, the Court concurs in the analysis that the interv

MTD Products has not divested the Court of subject matter jurisdictio

case. Consequently, in accordance with the Court's prior Order (ECF 3



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attorney of record in this case, file a motion to withdraw as attorney pu

LR 83.9 within 10 business days. Notice mailed to attorney by U.S. M

3/22/10. (P,G) (Entered: 03/22/2010)

03/22/2010 Notice to Attorney Alan Kluegel. The Court finds no record of your b

admitted to practice in the Northern District of Ohio. Pursuant to LR 8

please apply for admission or file a motion to be admitted pro hac vice

business days. The local rules and the attorney admission application a

available on the court's web site at: www.ohnd.uscourts.gov. If you are

attorney of record in this case, file a motion to withdraw as attorney pu

LR 83.9 within 10 business days. Notice sent to attorney by U.S. Mail

3/22/10. (P,G) (Entered: 03/22/2010)

03/24/2010 44Answer to Amended Complaint, (Related document # 43 ) filed by Ac

American Insurance Company. (Fagnilli, David) Modified on 3/25/20

create link (P,G). (Entered: 03/24/2010)

03/24/2010 45Answer to Amended Complaint, (Related document # 43 ) filed by Ce

Indemnity Company. (Fagnilli, David) Modified on 3/25/2010 to creat

(P,G). (Entered: 03/24/2010)03/24/2010 46Answer to Amended Complaint, (Related document # 43 ) filed by In



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05/06/2010 50Motion for partial summary judgment on Number of Occurrences and

Noncumulation filed by Movant MTD Products Inc. (Attachments: # 1

Memorandum of Law in Support, # 2 Exhibit 1 - 1985 INA Policy, # 3

- 1985 INA Ohio Policy, # 4 Exhibit 3 - 1986 INA Policy, # 5 Exhibit INA Ohio Policy, # 6 Exhibit 5 - James Milinski Affidavit, # 7 Exhibit

Kaesgen Affidavit, # 8 Exhibit 7 - Commutation Agreement, # 9 Exhi

Indemnification Agreement, # 10 Appendix of Unreported Authorities

(Vanderburg, Keith) Modified text on 5/7/2010 (P,G). (Entered: 05/06/

05/21/2010 51 Joinder to MTD Product Inc's 50 Motion for Partial Summary Judgme

Subjects of Number of Occurrences, Single Occurrence Limit and

Noncumulation of Liability Clause filed by Ace American Insurance CCentury Indemnity Company, Insurance Company of North America.

David) Modified text and created link on 5/24/2010 (S,He). (Entered:

05/21/2010)

05/27/2010 52Order regarding partial motion for summary judgment. Plaintiff will h

obligation to respond to the pending "partial motion for summary judg

filed in this case until after discovery is closed and after the Court sets

for the plaintiff's response to said motion, and only if defendants state "partial motion for summary judgment" is the only motion that will be

j d Si d b J d D id D D d J 5/26/201



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09/30/2010 57Order approving proposed stipulated protective order subject to the fo

(See order for specifics). (Related Doc # 56 ). Signed by Judge David

Jr. on 9/30/2010. (M,De) (Entered: 09/30/2010)

12/03/2010 58 Unopposed Motion for attorney Alan Kluegel to Appear Pro Hac Vice

fee $ 100, receipt number 0647-4429512, filed by Plaintiff Luk Clutch

LLC. (Attachments: # 1 Affidavit)(Drushal, J.) (Entered: 12/03/2010)

12/03/2010 Order [non-document] granting Motion for appearance pro hac vice b

Kluegel for plaintiff (Related Doc # 58 ). Counsel is reminded he is re

register for CM/ECF and to file and receive all documents electronical

5.1(c). Local counsel is directed to notify counsel of this requirement. by Judge David D. Dowd, Jr. on 12/3/2010. (M,De) (Entered: 12/03/20

12/28/2010 Minutes of proceedings [non-document] before Judge David D. Dow

Status Conference held on 12/28/2010. (Court Reporter: none) Time: 3

Minutes. (M,De) (Entered: 12/28/2010)

12/28/2010 59Order that Plaintiff's motion for summary judgment, and response to

defendants' previously filed motion for summary judgment, are due Fe

2011. Defendants' response to plaintiff's motion for summary judgmenreply to plaintiff's opposition to defendants' motion, are due February



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# 16 Exhibit Ex. 28, # 17 Exhibit Ex. 29, # 18 Exhibit Ex. 30)Related

document(s) 61 , 60 .(Drushal, J.) (Entered: 02/04/2011)

02/04/2011 63 Appendix of Unreported Cases/Authorities filed by Luk Clutch System

Related document(s) 61 , 60 . (Drushal, J.) Modified text on 2/7/2011

(Entered: 02/04/2011)

02/07/2011 64Order that for all motions that are currently pending, and all pleading

motions filed in the future, with exhibits attached thereto, the filing pa

file an index to exhibits. The index of exhibits for motions currently pe

should be filed by February 11, 2011. (SEE order for details and speci

SIgned by Judge David D. Dowd, Jr. on 2/7/2011 (M,De) (Entered: 0202/07/2011 65 Notice of filing index of exhibits to motion for partial summary judgm

filed by MTD Products Inc. Related document 50 .(Lavin, Angela) Mo

on 2/8/2011 (M,TL). (Entered: 02/07/2011)

02/08/2011 66 Notice of Filing Index of Exhibits to Memorandum in Support of Its M

Summary Judgment and Its Opposition to Defendant MTD Products In

Motion for Partial Summary Judgmentfiled by Luk Clutch Systems L

Related document(s) 61 , 64 , 62 .(Drushal, J.) (Entered: 02/08/2011)


LUK CLUTCH SYSTEMS LLC v. CENTURY INDEMNITY COMPANY Docket

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