2:21-MC-00588
10/07/2021
Disposed - Other Disposed
Contract - Insurance
Howard C. Nielson, Jr
Jared C. Bennett
Dustin B. Pead
Elizabeth V. Fortson
InMoment
Garrison Property and Casualty Insurance Company
John M. Destefano
11 W. Jefferson St., Ste. 1000
Phoenix, AZ 85003
J. Michael Malone
Attorney at HENDREN REDWINE & MALONE PLLC
4600 Marriott Dr., Ste. 150
Raleight, NC 27612
Jason Lanier Hendren
Attorney at HENDREN REDWINE & MALONE PLLC
4600 Marriott Dr., Ste. 150
Raleigh, NC 27612
John M. Destefano, III
Attorney at HAGENS BERMAN SOBOL SHAPIRO LLP
11 W Jefferson St Ste 1000
Phoenix, AZ 85003
Kara H. North
3301 N University Ave
Provo, UT 84604
Robert B. Carey
Attorney at HAGENS BERMAN SOBOL SHAPIRO LLP
11 W Jefferson St Ste 1000
Phoenix, AZ 85003
Kara H North
Attorney at JOHNSON LIVINGSTON PLLC
195 S Orem Blvd Ste 1
Orem, UT 84058
George C. Chipev
Attorney at LATHAM & WATKINS LLP
555 Eleventh St, Nw, Ste 1000
Washington, DC 20004
Marguerite M. Sullivan
Attorney at LATHAM & WATKINS LLP
555 Eleventh St, Nw, Ste 1000
Washington, DC 20004
Matthew R. Lewis
Attorney at KUNZLER BEAN & ADAMSON
50 W Broadway Ste 1000
Salt Lake City, UT 84101
Jason R. Burt
Attorney at LATHAM & WATKINS
555 Eleventh Street Nw Ste 1000
Washington, DC 20004
Rodger L. Eckelberry
Attorney at BAKER & HOSTETLER LLP
200 Civic Center Dr. Ste. 2200
Columbus, OH 43215
Albert G. Lin
Attorney at BAKER & HOSTETLER LLP
200 Civic Center Dr. Ste. 2200
Columbus, OH 43215
Andrea C. Wiltrout
Attorney at BAKER & HOSTETLER LLP
200 Civic Center Dr. Ste. 1200
Columbus, OH 43215
Kevin P. Zimmerman
Attorney at BAKER & HOSTETLER LLP
200 Civic Center Dr. Ste. 1200
Columbus, OH 43215
Martina T. Ellerbe
Attorney at BAKER & HOSTETLER LLP
200 Civic Center Dr. Ste. 1200
Columbus, OH 43215
Mathew G. Drocton
Attorney at BAKER & HOSTETLER LLP
200 Civic Center Dr. Ste. 1200
Columbus, OH 43215
Matthew B. Tynan
Attorney at BROOKS PIERCE MCLENDON HUMPHREY & LEONARD
P.O. Box 260000
Greensboro, NC 27420-6000
Reid L. Phillips
Attorney at BROOKS PIERCE MCLENDON HUMPHREY & LEONARD
Po Box 1800
Raleigh, NC 27602
Kimberly M. Marston
Attorney at BROOKS PIERCE MCLENDON HUMPHREY & LEONARD LLP
P.O. Box 260000
Greensboro,, NC 27420-6000
(#28) Interdistrict Transfer to Middle District of North Carolina. Record transferred to receiving court electronically. All future documents should be filed in Middle District of North Carolina District Court. Case closed. (dla) (Entered: 01/12/2022)
(#27) MEMORANDUM DECISION AND ORDER: IT IS ORDERED that the Clerk of Court transfer this matter to the United States District Court for the Middle District of North Carolina. IT IS FURTHER ORDERED that counsel for Plaintiff must file a copy of this Order in the Underlying Action within two calendar days. Signed by Magistrate Judge Dustin B. Pead on 1/12/22. (dla) (Entered: 01/12/2022)
(#26) NOTICE of Joinder to Response in Opposition to Non-Party CCC Intelligent Solutions Inc.'s Motion to Join Motion to Quash Subpoena Duces Tecum by Elizabeth V. Fortson (Destefano, John) (Entered: 12/21/2021)
(#25) ORDER granting #23 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Dustin B. Pead on 11/23/2021. (jl) (Entered: 11/23/2021)
Text of Proposed Order
(#23) MOTION for Leave to File Sealed Document re #22 Memorandum in Opposition to Motion, filed by Plaintiff Elizabeth V. Fortson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Destefano, John) (Entered: 11/22/2021)
Exhibit 5
Exhibit Declaration of John M. DeStefano
(#22) Redacted MEMORANDUM in Opposition re #2 MOTION to Quash Subpoena Duces Tecum (Short Form Discovery Motion) filed by Plaintiff Elizabeth V. Fortson. (Attachments: #1 Exhibit Declaration of John M. DeStefano, #2 Exhibit 1, #3 Exhibit 5)(Destefano, John) (Entered: 11/22/2021)
Exhibit A - Application for Pro Hac Vice Admission
Text of Proposed Order Granting Pro Hac Vice Admission of Marguerite M. Sullivan
Exhibit A - Application for Pro Hac Vice Admission
Civil Cover Sheet
Declaration of Robert C. Levels in Support of Non-Party InMoment, Inc.'s S
Exhibit A - Subpoena Duces Tecum
Docket(#29) NOTICE OF TRANSMITTAL that case has been transferred to North Carolina Middle District via electronic given case number 1:22-cv-00024. (nl) (Entered: 01/12/2022)
Docket(#28) Interdistrict Transfer to Middle District of North Carolina. Record transferred to receiving court electronically. All future documents should be filed in Middle District of North Carolina District Court. Case closed. (dla) (Entered: 01/12/2022)
Docket(#27) MEMORANDUM DECISION AND ORDER: IT IS ORDERED that the Clerk of Court transfer this matter to the United States District Court for the Middle District of North Carolina. IT IS FURTHER ORDERED that counsel for Plaintiff must file a copy of this Order in the Underlying Action within two calendar days. Signed by Magistrate Judge Dustin B. Pead on 1/12/22. (dla) (Entered: 01/12/2022)
Docket(#26) NOTICE of Joinder to Response in Opposition to Non-Party CCC Intelligent Solutions Inc.'s Motion to Join Motion to Quash Subpoena Duces Tecum by Elizabeth V. Fortson (Destefano, John) (Entered: 12/21/2021)
Docket(#25) ORDER granting #23 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Dustin B. Pead on 11/23/2021. (jl) (Entered: 11/23/2021)
Docket(#24) **SEALED DOCUMENT** re #22 Memorandum in Opposition to Motion, #23 MOTION for Leave to File Sealed Document re #22 Memorandum in Opposition to Motion, filed by Plaintiff Elizabeth V. FortsonNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Declaration of John M. DeStefano, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Destefano, John) (Entered: 11/22/2021)
Docket(#23) MOTION for Leave to File Sealed Document re #22 Memorandum in Opposition to Motion, filed by Plaintiff Elizabeth V. Fortson. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Destefano, John) (Entered: 11/22/2021)
Docket(#22) Redacted MEMORANDUM in Opposition re #2 MOTION to Quash Subpoena Duces Tecum (Short Form Discovery Motion) filed by Plaintiff Elizabeth V. Fortson. (Attachments: #1 Exhibit Declaration of John M. DeStefano, #2 Exhibit 1, #3 Exhibit 5)(Destefano, John) (Entered: 11/22/2021)
Docket(#21) ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Dustin B. Pead for all further proceedings. Magistrate Judge Jared C. Bennett no longer assigned to case. Motions referred to Dustin B. Pead. Signed by Magistrate Judge Dustin B. Pead on 11/09/2021. (jl) (Entered: 11/09/2021)
Docket(#20) **SEALED DOCUMENT** re #17 Memorandum in Opposition to Motion, #2 MOTION to Quash Subpoena Duces Tecum (Short Form Discovery Motion) filed by Plaintiff Elizabeth V. FortsonNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit Declaration of Lance Kaufman)(Destefano, John) (Entered: 10/27/2021)
Docket(#9) Plaintiff's MOTION for Admission Pro Hac Vice of John DeStefano III , Registration fee $ 250, receipt number AUTDC-4139879,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Elizabeth V. Fortson. (Attachments: #1 Exhibit Pro Hac Application)(North, Kara) (Entered: 10/14/2021)
Docket(#8) NOTICE of Appearance by Kara H. North on behalf of Elizabeth V. Fortson (North, Kara) (Entered: 10/14/2021)
Docket(#7) ORDER granting #4 Motion for Admission Pro Hac Vice of Attorney George C. Chipev for InMoment.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 10/12/21. (dla) (Entered: 10/12/2021)
Docket(#6) ORDER granting #3 Motion for Admission Pro Hac Vice of Attorney Marguerite M. Sullivan for InMoment.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 10/12/21. (dla) (Entered: 10/12/2021)
Docket(#5) DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(B), Magistrate to handle case up to and including R&R on all dispositive matters. No attached document. Motions referred to Jared C. Bennett. Signed by Judge Howard C. Nielson, Jr on 10/12/21. (dla) (Entered: 10/12/2021)
Docket(#4) MOTION for Admission Pro Hac Vice of George C. Chipev , Registration fee $ 250, receipt number AUTDC-4134158,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Petitioner InMoment. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission, #2 Text of Proposed Order Granting Pro Hac Vice Admission of George C. Chipev)(Lewis, Matthew) (Entered: 10/07/2021)
Docket(#3) MOTION for Admission Pro Hac Vice of Marguerite M. Sullivan , Registration fee $ 250, receipt number AUTDC-4134152,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Petitioner InMoment. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission, #2 Text of Proposed Order Granting Pro Hac Vice Admission of Marguerite M. Sullivan)(Lewis, Matthew) (Entered: 10/07/2021)
Docket(#2) MOTION to Quash Subpoena Duces Tecum (Short Form Discovery Motion) filed by Petitioner InMoment. (Attachments: #1 Exhibit A - Subpoena Duces Tecum, #2 Declaration of Robert C. Levels in Support of Non-Party InMoment, Inc.'s Short Form Discovery Motion to Quash Subpoena Duces Tecum, #3 Civil Cover Sheet)(Lewis, Matthew) (Entered: 10/07/2021)
DocketMiscellaneous Case Filing Fee for Short Form Discovery Motion to Quash Subpoena Duces Tecum received from Petitioner InMoment. (Filing fee $ 49, receipt number AUTDC-4134108). (Lewis, Matthew) (Entered: 10/07/2021)
Docket(#1) Case has been indexed and assigned to Judge Howard C. Nielson, Jr. Petitioner InMoment is directed to E-File the Miscellaneous Case FIling Fee - Motion to Quash and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 49.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (nmt) (Entered: 10/07/2021)
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