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11-334 - The Ohio Casualty Insurance Company v. Cox et al


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11-334 - The Ohio Casualty Insurance Company v. Cox et al
April 19, 2012
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MEMORANDUM OPINION & ORDER: IT IS ORDERED that the third-party dfts' 10 MOTION to Dismiss is DENIED without prejudice; IT IS FURTHER ORDERED that pla's 14 MOTION for telephonic sched conference is DENIED without prejudice as premature; third-party dfts shall file answers to third party complaint w/in 21 days of entry of this order. Signed by Judge Jennifer B Coffman on 4/18/2012.(GLD)cc: COR Modified on 4/20/2012 (GLD).
March 28, 2014
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MEMORANDUM OPINION & ORDER: 49 MOTION for Summary Judgment by Barbara Cox is OVERRULED, and 50 MOTION for Partial Summary Judgment by The Ohio Casualty Insurance Company is OVERRULED. Signed by Judge Henry R. Wilhoit, Jr.(STC)cc: COR
June 20, 2014
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RECOMMENDED DISPOSITION: Ct RECOMMENDS the District Court GRANT IN PART the motions 78 & 80 of Ohio Casualty & Third Party Dfts. Specifically, the Ct RECOMMENDS that the District Court grant the motions to the extent they seek sanctions, & RECOMMENDS that the District Court impose the preclusive sanction set forth in this recommended disposition. Additionally, Ct RECOMMENDS that District Court award Third Party Dfts their reasonable expenses, inc. attys' fees, associated w/ the motion for sanctions; the Court DIRECTS Third PartyDfts to file a detailed fee request & supporting affidavit, w/in 14 days of the date the District Judge finally resolves the motions, that sets forth their fees & costs associated w/ evidence spoliation litigation in this matter. Cox can respond to the fee application on the normal motion briefing schedule. Ct RECOMMENDS that District Court DENY IN PART both motions for sanctions 78 & 80 to the extent they seek dismissal or relief other than the sanctions recommended herein; Objections due w/in 14 days after being served w/ this decision. Signed by Magistrate Judge Robert E. Wier on June 20, 2014. (MWZ) cc: COR
September 25, 2014
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ORDER: IT IS HEREBY ORDERED: 1. Report and Recommendations 102 is APPROVED and ADOPTED; 2. Third Party's Motion for Rule 37 Sanctions 78 and Plaintiff's Motion for Rule 37 Sanctions 80 be SUSTAINED as set forth in the R&R. IT IS FURTHER ORDERED that the Plaintiff and Third Party Defendant file a detailed fee request and supporting affidavits on or before October 14, 2014. Signed by Judge Henry R. Wilhoit, Jr on 09/25/2014.(lc)cc: COR, Barbara Cox via US mail Modified on 9/25/2014 (lc).
June 5, 2015
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RECOMMENDED DISPOSITION: The Court RECOMMENDS that the District Court DENY 118 and 125, GRANT 117, 120, 121, 122, and ORDER the fee award to the Third-Party Defendants to be $17,212.50. Signed by Magistrate Judge Robert E. Wier on 06/05/2015.(LC)cc: COR, Barbara Cox via u.S. Mail. Modified text on 6/5/2015 (LC).
September 22, 2015
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ORDER: (1) APPROVING & ADOPTING the 133 Report and Recommendations; (2) SUSTAINING pla's 120 121 Motions for Summary Judgment; (3) SUSTAINING 3rd-Pty Dfts' 122 Motion for Summary Judgment; (4) OVERRULING Dft Cox's 125 Motion to Dismiss; (5) pursuant to the court's 9/25/14 Order, Dft Barbara Cox pay to the 3rd-Pty Dfts the amt of $17,212.50 due immediately. Signed by Judge Henry R. Wilhoit, Jr on 9/22/15. (KJR)cc: COR
February 24, 2016
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RECOMMENDED DISPOSITION: The Court RECOMMENDS: 1. The Court enters JUDGMENT in favor of the Plaintiff; 2. The Court enters JUDGMENT against dft; 3. The Court AWARDS Plaintiff $759,997.44 in losses and $84,251.52 in expenses and costs, for a total award of $844,248.96; 4. The Court DENIES AS MOOT all pending motions; 5. The Court CONTINUES GENERALLY all scheduled proceedings; 6. This is a final Judgment as to the rights and liabilities of all claims and parties; 7. The Court STRIKES this matter from the active docket. The Court shortens the objection period: within five days any party may file written objections. Signed by Magistrate Judge Robert E. Wier on 2/24/2016.(LC)cc: COR
March 14, 2016
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JUDGMENT: JUDGMENT is entered in favor of the Plaintiff against dft Barbara Cox, individually and as Administratrix in the amount of$759,997.44 in losses and $ 100,000.00 in expenses and costs, for a total award of $ 859,997.44. IT IS FURTHER ORDERED that this matter be DISMISSED and stricken from the active docket of this Court. Signed by Judge Henry R. Wilhoit, Jr on 3/14/2016.(LC)cc: COR