This case was last updated from PACER on 12/04/2018 at 07:55:29 (UTC).

Fischer et al v. State Farm Mutual Automobile Insuance Company et al

Case Summary

On 10/05/2018 Fischer filed a Personal Injury - Other Personal Injury lawsuit against State Farm Mutual Automobile Insuance Company. This case was filed in U.S. District Courts, West Virginia Northern District. The Judge overseeing this case is Frederick P. Stamp, Jr. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:18-CV-00167

  • Filing Date:

    10/05/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    U.S. District Courts

  • Courthouse:

    West Virginia Northern District

Judge Details

Presiding Judge

Frederick P. Stamp, Jr

 

Party Details

Plaintiffs

Keith Jay Fischer

Dawn Marie Fischer

Defendants

William Garvey, Jr. Insurance Agency, Inc.

State Farm Mutual Automobile Insuance Company

Attorney/Law Firm Details

Plaintiff Attorneys

David F. Cross

Attorney at Cross Law Offices

727 Charles St

Wellsburg, WV 26070

Erica A. Cross

Attorney at Bordas & Bordas, PLLC

1358 National Rd

Wheeling, WV 26003

Scott S. Blass

Attorney at Bordas & Bordas, PLLC

1358 National Rd

Wheeling, WV 26003

Defendant Attorneys

Tiffany R. Durst

Attorney at Pullin Fowler Flanagan Brown & Poe PLLC - Morgantown

2414 Cranberry Sq

Morgantown, WV 26508

Nathaniel D. Griffith

Attorney at Pullin Fowler Flanagan Brown & Poe PLLC - Morgantown

2414 Cranberry Sq

Morgantown, WV 26508

 

Court Documents

#12

(#12) SCHEDULING ORDER: Discovery due by 7/15/2019; Joinder, Amendments, Crossclaims, Counterclaims and Third-Party Complaints due by 5/13/2019; Motions due by 7/29/2019; Responses due by 8/19/2019; Replies due by 9/3/2019; Joint Pretrial Order due by 10/2/2019; Pretrial Conference/Final Settlement Conference set for 10/7/2019 01:30 PM in Judge Stamp Chambers before Senior Judge Frederick P. Stamp Jr.; Jury Selection/Jury Trial set for 10/29/2019 08:30 AM in Wheeling District Judge Courtroom, South before Senior Judge Frederick P. Stamp Jr. Signed by Senior Judge Frederick P. Stamp, Jr on 12/3/2018. (copy to counsel via CM/ECF) (nmm) (Entered: 12/03/2018)

#11

RESTRICTED

#10

(#10) ORDER SCHEDULING STATUS AND SCHEDULING CONFERENCE: Status and Scheduling Conference set for 12/3/2018 01:30 PM in the Chambers of Judge Frederick P. Stamp Jr. Signed by Senior Judge Frederick P. Stamp, Jr on 11/16/2018. (copy to counsel via CM/ECF) (nmm) (Entered: 11/16/2018)

#9

(#9) REPORT of Rule 26(f) Planning Meeting. (Cross, Erica) (Entered: 11/14/2018)

#8

(#8) RESPONSE in Support re #6 MOTION to Remand and Opposition to Motion to Dismiss filed by Dawn Marie Fischer. (Blass, Scott) (Entered: 11/05/2018)

7 #1

Exhibit

#7

(#7) RESPONSE in Opposition re #6 MOTION to Remand and Opposition to #4 Motion to Dismiss Defendant, William Garvey, Jr. Insurance Agency, Inc. filed by State Farm Mutual Automobile Insuance Company, William Garvey, Jr. Insurance Agency, Inc.. (Attachments: #1 Exhibit)(Durst, Tiffany) Modified on 10/30/2018 to link with Motion to Dismiss (nmm). (Entered: 10/29/2018)

#6

(#6) MOTION to Remand and Opposition to #4 Motion to Dismiss by Dawn Marie Fischer, Keith Jay Fischer. (Blass, Scott) Modified on 10/30/2018 to link with Motion to Dismiss(nmm). (Entered: 10/16/2018)

#5

(#5) MEMORANDUM of Law in Support of Motion to Dismiss Defendant, William Garvey, Jr. Insurance Agency, Inc. by William Garvey, Jr. Insurance Agency, Inc. re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Defendant William Garvey, Jr. Insurance Agency, Inc.. (Durst, Tiffany) (Entered: 10/12/2018)

#4

(#4) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by William Garvey, Jr. Insurance Agency, Inc.. (Durst, Tiffany) (Entered: 10/12/2018)

#3

(#3) ANSWER to Complaint by State Farm Mutual Automobile Insuance Company.(Durst, Tiffany) Modified docket text on 10/12/2018 to show the Answer is only on behalf of Defendant State Farm; NEF Regenerated (nmm). (Entered: 10/12/2018)

#2

(#2) FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 11/9/2018 Rule 26 Meeting Report due by 11/16/2018; Initial Discovery Disclosures due by 12/7/2018. Signed by Senior Judge Frederick P. Stamp, Jr. on 10/9/2018. (copy to counsel via CM/ECF) (nmm) (Entered: 10/09/2018)

1 #6

Civil Cover Sheet

1 #5

Exhibit E - copy of Notice of Filing of Notice of Removal

1 #4

Exhibit D - State Court Docket Sheet

1 #3

Exhibit C - Service of Process Information from WV SOS for Garvey Agency

1 #2

Exhibit B - Service of Process Information from WV SOS for State Farm

#1

(#1) NOTICE OF REMOVAL with State Court Papers from Circuit Court of Brooke County, West Virginia, (case number 18-C-68), filed by State Farm Mutual Automobile Insuance Company, William Garvey, Jr. Insurance Agency, Inc. Filing Fee $400 - Receipt #0424-2680834. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Service of Process Information from WV SOS for State Farm, #3 Exhibit C - Service of Process Information from WV SOS for Garvey Agency, #4 Exhibit D - State Court Docket Sheet, #5 Exhibit E - copy of Notice of Filing of Notice of Removal, #6 Civil Cover Sheet) (copy to counsel via CM/ECF) (nmm) (Entered: 10/05/2018)

9 More Documents Available

 

Docket Entries

  • 12/03/2018
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  • (#12) SCHEDULING ORDER: Discovery due by 7/15/2019; Joinder, Amendments, Crossclaims, Counterclaims and Third-Party Complaints due by 5/13/2019; Motions due by 7/29/2019; Responses due by 8/19/2019; Replies due by 9/3/2019; Joint Pretrial Order due by 10/2/2019; Pretrial Conference/Final Settlement Conference set for 10/7/2019 01:30 PM in Judge Stamp Chambers before Senior Judge Frederick P. Stamp Jr.; Jury Selection/Jury Trial set for 10/29/2019 08:30 AM in Wheeling District Judge Courtroom, South before Senior Judge Frederick P. Stamp Jr. Signed by Senior Judge Frederick P. Stamp, Jr on 12/3/2018. (copy to counsel via CM/ECF) (nmm) (Entered: 12/03/2018)

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  • 12/03/2018
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  • (#11) MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Senior Judge Frederick P. Stamp, Jr: Status/Scheduling Conference held on 12/3/2018. (Court Reporter Cindy Knecht.) (soa) (Entered: 12/03/2018)

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  • 11/16/2018
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  • (#10) ORDER SCHEDULING STATUS AND SCHEDULING CONFERENCE: Status and Scheduling Conference set for 12/3/2018 01:30 PM in the Chambers of Judge Frederick P. Stamp Jr. Signed by Senior Judge Frederick P. Stamp, Jr on 11/16/2018. (copy to counsel via CM/ECF) (nmm) (Entered: 11/16/2018)

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  • 11/14/2018
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  • (#9) REPORT of Rule 26(f) Planning Meeting. (Cross, Erica) (Entered: 11/14/2018)

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  • 11/05/2018
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  • (#8) RESPONSE in Support re #6 MOTION to Remand and Opposition to Motion to Dismiss filed by Dawn Marie Fischer. (Blass, Scott) (Entered: 11/05/2018)

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  • 10/29/2018
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  • (#7) RESPONSE in Opposition re #6 MOTION to Remand and Opposition to #4 Motion to Dismiss Defendant, William Garvey, Jr. Insurance Agency, Inc. filed by State Farm Mutual Automobile Insuance Company, William Garvey, Jr. Insurance Agency, Inc.. (Attachments: #1 Exhibit)(Durst, Tiffany) Modified on 10/30/2018 to link with Motion to Dismiss (nmm). (Entered: 10/29/2018)

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  • 10/16/2018
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  • (#6) MOTION to Remand and Opposition to #4 Motion to Dismiss by Dawn Marie Fischer, Keith Jay Fischer. (Blass, Scott) Modified on 10/30/2018 to link with Motion to Dismiss(nmm). (Entered: 10/16/2018)

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  • 10/12/2018
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  • (#5) MEMORANDUM of Law in Support of Motion to Dismiss Defendant, William Garvey, Jr. Insurance Agency, Inc. by William Garvey, Jr. Insurance Agency, Inc. re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Defendant William Garvey, Jr. Insurance Agency, Inc.. (Durst, Tiffany) (Entered: 10/12/2018)

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  • 10/12/2018
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  • (#4) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by William Garvey, Jr. Insurance Agency, Inc.. (Durst, Tiffany) (Entered: 10/12/2018)

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  • 10/12/2018
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  • (#3) ANSWER to Complaint by State Farm Mutual Automobile Insuance Company.(Durst, Tiffany) Modified docket text on 10/12/2018 to show the Answer is only on behalf of Defendant State Farm; NEF Regenerated (nmm). (Entered: 10/12/2018)

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  • 10/09/2018
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  • (#2) FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 11/9/2018 Rule 26 Meeting Report due by 11/16/2018; Initial Discovery Disclosures due by 12/7/2018. Signed by Senior Judge Frederick P. Stamp, Jr. on 10/9/2018. (copy to counsel via CM/ECF) (nmm) (Entered: 10/09/2018)

    Read MoreRead Less
  • 10/05/2018
  • View Court Documents
  • (#1) NOTICE OF REMOVAL with State Court Papers from Circuit Court of Brooke County, West Virginia, (case number 18-C-68), filed by State Farm Mutual Automobile Insuance Company, William Garvey, Jr. Insurance Agency, Inc. Filing Fee $400 - Receipt #0424-2680834. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Service of Process Information from WV SOS for State Farm, #3 Exhibit C - Service of Process Information from WV SOS for Garvey Agency, #4 Exhibit D - State Court Docket Sheet, #5 Exhibit E - copy of Notice of Filing of Notice of Removal, #6 Civil Cover Sheet) (copy to counsel via CM/ECF) (nmm) (Entered: 10/05/2018)

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