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15-1127 - American Family Mutual Insurance Company v. Miller et al


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15-1127 - American Family Mutual Insurance Company v. Miller et al
November 19, 2015
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MEMORANDUM AND ORDER- IT IS HEREBY ORDERED that the motion of defendants to dismiss defendant Sign It Up, LLC from this action (Doc. 13) is denied. IT IS FURTHER ORDERED that the motion of defendants for a more definite statement of the alleged fraud (Doc. 13) is sustained. Plaintiff must file such statement no later than December 1, 2015.IT IS FURTHER ORDERED that defendants may have until not later thanDecember 18, 2015 to file an answer or other responsive pleading to plaintiff's first amended complaint. ( Response to Court due by 12/1/2015.), All Defendants.( Response to Court due by 12/1/2015.). Signed by Magistrate Judge David D. Noce on 11/19/15. (KKS)
March 11, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion of plaintiff to strike (Doc. 30) is denied. IT IS FURTHER ORDERED that the motion of plaintiff to dismiss defendants counterclaim Count 3 for fraud (Doc. 32) is sustained. Count 3 is dismissed with prejudice. As to Count 4 for the public disclosure of private facts, the motion to dismiss is denied. IT IS FURTHER ORDERED that the claims of plaintiff that remain for litigation are: (1) Count 1 -- for declaratory judgment against defendants Dina and Marshall Miller that the homeowners insurance policy, No. 24-D42758-01, does not cover the damage incurred by defendants on February 12, 2015; and, (2) Count 2 -- for declaratory judgment against defendant Sign It Up, LLC that the business owners insurance policy, No. 24XL-796104, does not cover the same damage. IT IS FURTHER ORDERED that the counterclaim counts of defendants that remain for litigation are: (1) Count 1 -- against plaintiff for breach of the homeowners policy; (2) Count 2 -- against plaintiff for vexatious refusal to pay the claim on the homeowners policy; and, (3) Count 4 -- against plaintiff for public disclosure of private facts. Signed by Magistrate Judge David D. Noce on 3/11/16. (JAB)
October 18, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion of plaintiff for summary judgment on defendants' Count 4 counterclaim of public disclosure of financial information (ECF No. 80) is SUSTAINED. Defendants' Count 4 claim is dismissed with prejudice.. Signed by Magistrate Judge David D. Noce on 10/18/16. (KKS)
November 2, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion of defendants to amend the October 18, 2016, order to allow for an interlocutory appeal, or in the alternative for an entry of final judgment (ECF No. 116) is DENIED. IT IS FURTHER ORDERED that the motion of defendants for separate trials (ECF No. 118) is DENIED. IT IS FURTHER ORDERED that the parties' final pre-trial conference is set for November 8, 2016, at 1:30 p.m., with jury selection to commence on November 9, 2016, at 9 a.m., and the trial to begin on November 16, 2016, at 9 a.m. ( Pretrial Conference set for 11/8/2016 01:30 PM in Courtroom 17N before Magistrate Judge David D. Noce.) Signed by Magistrate Judge David D. Noce on 11/2/2016. (CLO)