LUK CLUTCH SYSTEMS LLC v. CENTURY INDEMNITY COMPANY Docket

Northern District of Ohio https://ecf.ohnd.uscourts.gov/cgi-bin/DktRpt.pl?896295010908...
Cat04,Limbert,Protect
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 Date Filed: 10/16/2009
Assigned to: Judge David D. Dowd, Jr Jury Demand: Plaintiff
Demand: $6,000,000 Nature of Suit: 110 Insurance
Case in other court: Wayne County Court of Common Pleas, Jurisdiction: Diversity
09 CV 0616
Cause: 28:1332 Diversity-Declaratory Judgment
Plaintiff
Luk Clutch Systems LLC represented by Brian Weinthal
Gilbert
Ste. 700
1100 New York Avenue, NW
Washington, DC 20005
202-772-2200
Fax: 772-3333
Email: weinthalb@gotofirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
J. Douglas Drushal
Critchfield, Critchfield & Johnston
225 North Market Street
P.O. Box 599
Wooster, OH 44691
330-264-4444
Fax: 330-263-9278
Email: ddrushal@ccj.com
LEAD ATTORNEY
Alan J. Kluegel
Gilbert
Ste. 700
202-772-3951
Fax: 202-772-3953
Email: kluegela@gotofirm.com
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Mark A. Packman
Gilbert Randolph
Ste. 700
1100 New York Avenue
202-772-2320
Fax: 202-772-2322
Rachel Kronowitz
Gilbert
Ste. 700
202-772-1930
TERMINATED: 04/06/2010
V.
Defendant
Century Indemnity Company represented by Megan D. Novinc
as successor-in-interest to Davis & Young - Cleveland
other 1200 Fifth Third Center
INA Insurance Company of Ohio 600 Superior Avenue, E
other Cleveland, OH 44114
Insurance Company of North America 216-348-1700
Fax: 216-621-0602
Email: mnovinc@davisyoung.com
Michael R. Orlando
Cohn, Baughman & Martin
Ste. 900
333 West Wacker Street
Chicago, IL 60606
312-753-6618
Fax: 753-6619
Email: michael.orlando@mclolaw.com
David J. Fagnilli
Davis & Young - Cleveland
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1200 Fifth Third Center

600 Superior Avenue, E
Cleveland, OH 44114
216-377-2707
Fax: 216-621-0602
Email: dfagnill@davisyoung.com
Defendant
Insurance Company of North represented by David J. Fagnilli
America (See above for address)
Megan D. Novinc
(See above for address)
Michael R. Orlando
Defendant
Ace American Insurance Company represented by David J. Fagnilli
Megan D. Novinc
Michael R. Orlando
V.
Movant
MTD Products Inc represented by Angela M. Lavin
Wegman, Hessler, & Vanderburg
Ste. 200
6055 Rockside Woods Blvd.
Cleveland, OH 44131
216-642-3342
Fax: 216-520-0145
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Email: amlavin@wegmanlaw.com
Keith A. Vanderburg
Wegman, Hessler, & Vanderburg
Ste. 200
6055 Rockside Woods Blvd.
Cleveland, OH 44131
216-642-3342
Fax: 216-520-0145
Email: kavanderburg@wegmanlaw.com
Cross-Claimant
MTD Products Inc represented by Angela M. Lavin
TERMINATED: 12/08/2009 (See above for address)
Keith A. Vanderburg
V.
Cross Defendant
Ace American Insurance Company represented by David J. Fagnilli
TERMINATED: 12/08/2009 (See above for address)
Michael R. Orlando
Cross Defendant
Century Indemnity Company represented by Michael R. Orlando
as successor-in-interest to (See above for address)
TERMINATED: 12/08/2009 ATTORNEY TO BE NOTICED
David J. Fagnilli
Date Filed # Docket Text
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10/16/2009 1 FILING ERROR - SEE 2 Notice of Removal from Wayne County Common
Pleas Court, case number 09 CV 0616 with jury demand. Filing fee $ 350,
receipt number 0647-3785620.. Filed by Century Indemnity Company.
(Attachments: # 1 Exhibit Docket Sheet 10-16-09, # 2 Exhibit Summons and
Complaint, # 3 Exhibit Certification Leave to Plead) (Fagnilli, David) ERROR
IN FILING,PROBLEM WITH PDF HEADER, COUNSEL TO RE-FILE.
Modified on 10/16/2009 (C,B). Modified on 10/20/2009 (S,He). (Entered:
10/16/2009)
10/16/2009 2 Notice of Removal from Wayne County Common Pleas Court, case number 09
CV 0616 with jury demand (Amended to correct PDF error). Filing fee $350,
receipt number 0647-3785620. Filed by Century Indemnity Company.
(Attachments: # 1 Exhibit Docket Sheet Common Pleas Court 10-16-09, # 2
Exhibit Summons And Complaint Common Pleas, # 3 Exhibit Certification
Leave to Plead) (Fagnilli, David) Modified text on 10/16/2009 (C,B). Modified
to add receipt number to text on 10/20/2009 (S,He). (Entered: 10/16/2009)
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 10/19/2009
(C,B). (Entered: 10/16/2009)
10/19/2009 Judge David D. Dowd, Jr assigned to case. (C,B) (Entered: 10/19/2009)
10/19/2009 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the
event of a referral, case will be assigned to Magistrate Judge Limbert. (C,B)
(Entered: 10/19/2009)
10/19/2009 Notice by Clerk that Century Indemnity Company failed to file a corporate
disclosure statement as required by Local Rule 3.13(b). (C,B) (Entered:
10/19/2009)
10/19/2009 4 Magistrate Consent Form issued. (C,B) (Entered: 10/19/2009)
10/19/2009 5 Unopposed Motion for extension of time until 11/12/2009 to answer Complaint
filed by Defendant Century Indemnity Company. (Fagnilli, David) (Entered:
10/19/2009)
10/19/2009 6 Corporate Disclosure Statement by Century Indemnity Company identifying
Corporate Parent ACE Limited for Century Indemnity Company. filed by
Century Indemnity Company. (Fagnilli, David) (Entered: 10/19/2009)
10/22/2009 Order [non-document] granting 5 Unopposed Motion for extension of time
until 11/12/2009 to answer Complaint filed by Defendant Century Indemnity
Company. Approved by Judge David D. Dowd, Jr. on 10/22/2009. (M,De)
(Entered: 10/22/2009)
11/05/2009 7 Notice of Magistrate Consent form. (M,De) (Entered: 11/05/2009)
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11/05/2009 8 Case Management Conference Scheduling Order with case management

conference to be held on 12/9/2009 at 12:30 p.m. in Chambers 402 before Judge
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 30.1, # 4
Map) (M,De) (Entered: 11/05/2009)
11/12/2009 9 Answer to Complaint filed by Century Indemnity Company. (Fagnilli, David)
(Entered: 11/12/2009)
11/12/2009 10 Motion for attorney Michael R. Orlando to Appear Pro Hac Vice. Filing fee $
100, receipt number 0647-3826483, filed by Defendant Century Indemnity
Company. (Attachments: # 1 Affidavit Michael R. Orlando)(Fagnilli, David)
(Entered: 11/12/2009)
11/12/2009 11 Answer to Complaint (Related Doc # 2 ) filed by Insurance Company of North
America. (Fagnilli, David) (Entered: 11/12/2009)
11/12/2009 12 Answer to Complaint (Related Doc # 2 ) filed by Ace American Insurance
Company. (Fagnilli, David) (Entered: 11/12/2009)
11/12/2009 13 Corporate Disclosure Statement by Insurance Company of North America
identifying Corporate Parent INA Holdings Corporation filed by Insurance
Company of North America. (Fagnilli, David) Modified text on 11/13/2009
(P,G). (Entered: 11/12/2009)
11/12/2009 14 Corporate Disclosure Statement by Ace American Insurance Company
identifying Corporate Parent INA Holdings Corporation filed by Ace American
Insurance Company. (Fagnilli, David) Modified text on 11/13/2009 (P,G).
(Entered: 11/12/2009)
11/12/2009 15 Marginal Entry Order granting Motion for appearance pro hac vice by
attorney Michael R. Orlando for Ace American Insurance Company, Century
Indemnity Company, and Insurance Company of North America (Related Doc #
10 ). The Attorney is reminded he is required to register for CM/ECF and to file
and receive all documents electronically. See LR 5.1(c). Local counsel is
directed to notify counsel of this requirement. Signed by Judge David D. Dowd,
Jr. on 11/12/2009. (M,De) (Entered: 11/12/2009)
11/17/2009 16 Motion to intervene as a party filed by Movant MTD Products Inc.
(Attachments: # 1 Answer And Cross-claim of MTD Products Inc, # 2 Exhibit
A- to Answer and Cross-claim of MTD Products Inc)(Lavin, Angela) Modified
filer on 11/18/2009 (S,He). (Entered: 11/17/2009)
11/19/2009 17 Order regarding 16 Motion to intervene as a party filed by MTD Products Inc.
The parties are granted leave until November 30, 2009 to respond to MTD's
motion to intervene. Signed by Judge David D. Dowd, Jr. on 11/19/2009.
(M,De) (Entered: 11/19/2009)
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11/24/2009 18 Joint Motion for Order to Excuse Attendance of Party Representatives at

12/9/09 Case Management Conference filed by all parties. (Fagnilli, David)
Modified text on 11/25/2009 (P,G). (Entered: 11/24/2009)
11/25/2009 19 Marginal Entry Order granting 18 joint motion to excuse the attendance of
party representatives at 12/9/09 CMC. Signed by Judge David D. Dowd, Jr. on
11/25/09. (S,He) (Entered: 11/25/2009)
11/25/2009 20 Motion for attorney Brian Weinthal to Appear Pro Hac Vice. Filing fee $ 100,
receipt number 0647-3848720, filed by Plaintiff Luk Clutch Systems LLC.
(Drushal, J.) (Entered: 11/25/2009)
11/25/2009 21 Affidavit/Declaration of Brian Weinthal in Support of Plaintiff's Motion for
Admission Pro Hac Vice filed by Luk Clutch Systems LLC. Related document(s)
20 . (Drushal, J.) (Entered: 11/25/2009)
11/25/2009 22 Corporate Disclosure Statement by Luk Clutch Systems LLC identifying
Corporate Parents Schaeffler Group USA Inc., LuK USA LLC and MTD
Products, Inc. filed by Luk Clutch Systems LLC. (Drushal, J.) Modified to add
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 Luk Clutch
Systems LLC. (Drushal, J.) (Entered: 11/25/2009)
11/30/2009 Order [non-document] granting Motion for appearance pro hac vice by attorney
Brian Weinthal for Luk Clutch Systems LLC (Related Doc # 20 ). Approved by
Judge David D. Dowd, Jr. on 11/30/2009. Counsel is reminded that he is
required to register for CM/ECF and to file and receive all documetns
electronically. Local counsel is directed to notify counsel of this requirement.
(M,De) (Entered: 11/30/2009)
11/30/2009 24 Notice of Intent to the Court filed by Luk Clutch Systems LLC. Related
document(s) 16 .(Drushal, J.) (Entered: 11/30/2009)
12/01/2009 25 Order granting MTD Products, Inc.'s Motion to intervene as a party. (Related
Doc # 16 ). The answer and cross-claim attached to MTD's motion will not
automatically be filed by the Clerk. It is MTD's responsibility to file a clean
copy of the answer and cross-claim and any attachments thereto. This case
remains scheduled for a case management conference on December 9, 2009.
Counsel for MTD should review the Court's case management conference order
and comply with the instructions therein. See ECF 8 . The Court previously
excused the personal attendance of party representatives (ECF 19 ) and the
personal attendance of MTD's party representative is also excused. However,
MTD's representative should be available by telephone, if needed. Signed by
Judge David D. Dowd, Jr. on 12/1/2009. (M,De) (Entered: 12/01/2009)
12/02/2009 26 Notice of Service of Initial Disclosures under Federal Rule of Civil Procedure
26(a)(1) filed by Ace American Insurance Company. (Fagnilli, David) (Entered:
12/02/2009)
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26(a)(1) filed by Insurance Company of North America. (Fagnilli, David)
(Entered: 12/02/2009)
26(a)(1) filed by Century Indemnity Company. (Fagnilli, David) (Entered:
12/02/2009)
12/02/2009 29 Answer to Complaint, Crossclaim against Ace American Insurance Company,
Century Indemnity Company filed by MTD Products Inc. (Attachments: # 1
Exhibit A - Indemnification Agreement)(Lavin, Angela) (Entered: 12/02/2009)
12/02/2009 30 Corporate Disclosure Statement by MTD Products Inc filed by MTD Products
Inc. (Lavin, Angela) (Entered: 12/02/2009)
12/02/2009 31 Report of Parties' Planning Meeting Joint Plan for Discovery and Trial
(Standard Track). Parties do not consent to this case being assigned to the
magistrate judge, filed by Ace American Insurance Company, Century
Indemnity Company, Insurance Company of North America, Luk Clutch
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 Under
FRCP 41(a)(1) filed by MTD Products Inc. (Lavin, Angela) Modified text on
12/8/2009 (S,He). (Entered: 12/07/2009)
12/08/2009 33 Marginal Order approving 32 Notice of voluntary dismissal as to MTD
Products Inc.'s cross-claim. Signed by Judge David D. Dowd, Jr. on 12/8/09.
(S,He) (Entered: 12/08/2009)
12/09/2009 Minutes of proceedings [non-document] before Judge David D. Dowd, Jr. Case
Management Conference held on 12/9/2009. (Court Reporter: none) Time: 60
minutes. (M,De) (Entered: 12/09/2009)
12/10/2009 34 Order that plaintiff is granted leave until January 8, 2010 to brief the
jurisdictional issue and/or move for remand. Defendants are granted leave until
February 12, 2010 to respond. If the Court determines that diversity jurisdiction
remains, discovery will be opened for six months and a status conference will be
scheduled at the close of discovery for the purpose of establishing a case
management plan. Further, the Court will establish a deadline for pleadings to
include Ace American Insurance Company and Insurance Company of North
America as defendants in this action. Signed by Judge David D. Dowd, Jr. on
12/9/2009. (M,De) (Entered: 12/10/2009)
12/30/2009 35 Notice of Service of Initial Disclosures filed by MTD Products Inc. (Lavin,
Angela) (Entered: 12/30/2009)
01/08/2010 36 Notice of Intent to the Court filed by Luk Clutch Systems LLC. (Drushal, J.)
(Entered: 01/08/2010)
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01/12/2010 37 Order directing the parties to its previous Order 34 requiring briefs on the effect
of MTD's intervention and dismissal of cross-claim on the Court's subject matter
jurisdiction over this case. Since plaintiff has already researched this issue, the
brief should be filed by January 25, 2010. Any response by defendants remains
due by February 12, 2010. Signed by Judge David D. Dowd, Jr. on 1/12/2010.
(M,De) (Entered: 01/12/2010)
01/25/2010 38 Statement to the Court regarding Subject Matter Jurisdiction filed by Luk Clutch
Systems LLC. (Drushal, J.) Modified text on 1/26/2010 (S,He). (Entered:
01/25/2010)
02/12/2010 39 Brief of Defendants Regarding Subject Matter Jurisdiction filed by Ace
American Insurance Company, Century Indemnity Company, Insurance
Company of North America. (Fagnilli, David) (Entered: 02/12/2010)
02/15/2010 40 Notice of Concurrence with Plaintiff's Statement of Jurisdiction filed by MTD
Products Inc. Related document(s) 38 .(Lavin, Angela) (Entered: 02/15/2010)
02/18/2010 41 Order that after reviewing the parties' memoranda 38 , 39 , and 40 on this
jurisdictional question, the Court concurs in the analysis that the intervention of
MTD Products has not divested the Court of subject matter jurisdiction over this
case. Consequently, in accordance with the Court's prior Order (ECF 34 ),
discovery is open until 7/16/2010. A Status Conference will be held on
7/29/2010 at 12:00 noon in Chambers 402 before Judge David D. Dowd Jr.
AAlthough Ace American Insurance Company and Insurance Company of
North America filed answers to plaintiff's complaint, they have not been named
as defendants in an amended complaint, filed a motion to intervene, or otherwise
properly become parties to this proceeding. Accordingly, the parties are granted
leave to amend their pleadings or move as to Ace American Insurance Company
and Insurance Company of North America to include them in this action. Those
amendments or motions should be immediately filed as it is the Court's intention
that the July 16, 2010 discovery deadline will apply to Ace American Insurance
Company and Insurance Company of North America. Signed by Judge David D.
Dowd, Jr. on 2/18/2010. (M,De) (Entered: 02/18/2010)
03/19/2010 42 Notice of intent to file amended complaint filed by Luk Clutch Systems LLC.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Drushal, J.) Modified
to remove double wording on 3/22/2010 (S,HR). (Entered: 03/19/2010)
03/19/2010 43 Amended complaint against Ace American Insurance Company, Century
Indemnity Company, Insurance Company of North America. Filed by Luk
Clutch Systems LLC. (Drushal, J.) (Entered: 03/19/2010)
03/22/2010 Notice to Attorney Rachel Kronowitz. The Court finds no record of your being
admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5,
please apply for admission or file a motion to be admitted pro hac vice within 10
business days. The local rules and the attorney admission application are
available on the court's web site at: www.ohnd.uscourts.gov. If you are not the
9 of 13 2/8/11 2:52 PM
attorney of record in this case, file a motion to withdraw as attorney pursuant to

LR 83.9 within 10 business days. Notice mailed to attorney by U.S. Mail on
3/22/10. (P,G) (Entered: 03/22/2010)
03/22/2010 Notice to Attorney Alan Kluegel. The Court finds no record of your being
admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5,
please apply for admission or file a motion to be admitted pro hac vice within 10
business days. The local rules and the attorney admission application are
available on the court's web site at: www.ohnd.uscourts.gov. If you are not the
attorney of record in this case, file a motion to withdraw as attorney pursuant to
LR 83.9 within 10 business days. Notice sent to attorney by U.S. Mail on
3/22/10. (P,G) (Entered: 03/22/2010)
03/24/2010 44 Answer to Amended Complaint, (Related document # 43 ) filed by Ace
American Insurance Company. (Fagnilli, David) Modified on 3/25/2010 to
create link (P,G). (Entered: 03/24/2010)
03/24/2010 45 Answer to Amended Complaint, (Related document # 43 ) filed by Century
Indemnity Company. (Fagnilli, David) Modified on 3/25/2010 to create link
(P,G). (Entered: 03/24/2010)
03/24/2010 46 Answer to Amended Complaint, (Related document # 43 ) filed by Insurance
Company of North America. (Fagnilli, David) Modified on 3/25/2010 to create
link (P,G). (Entered: 03/24/2010)
03/25/2010 47 Answer to 43 Amended complaint filed by MTD Products Inc. (Vanderburg,
Keith) (Entered: 03/25/2010)
03/31/2010 48 Motion to withdraw attorney appearances of Rachel Kronowitz and Alan
Kluegel pursuant to Local Rule 83.9 filed by Luk Clutch Systems LLC.
(Drushal, J.) Modified to motion event on 4/1/2010 (S,He). (Entered:
03/31/2010)
03/31/2010 49 Motion for attorney Mark Packman to Appear Pro Hac Vice. Filing fee $ 100,
receipt number 0647-4026184, filed by Plaintiff Luk Clutch Systems LLC.
(Attachments: # 1 Affidavit)(Drushal, J.) (Entered: 03/31/2010)
04/01/2010 Order [non-document] granting Motion for appearance pro hac vice by
attorney, Mark A. Packman for Luk Clutch Systems LLC (Related Doc # 49 ).
Counsel is reminded that he is required to register for CM/ECF and to file and
receive all documents electronically. See LR 5.1(c) Local Counsel is directed to
notify counsel of this requirment. Bar admission and in good standing checked
on-line 4/1/2010. Approved by Judge David D. Dowd, Jr. on 4/2/2010. (M,De)
(Entered: 04/01/2010)
04/06/2010 Order [non-document] granting Motion to withdraw as attorney. Attorney Alan
Kluegel and Rachel Kronowitz removed from case. (Related Doc # 48 ).
Approved by Judge David D. Dowd, Jr. on 4/6/2010. (M,De) (Entered:
04/06/2010)
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05/06/2010 50 Motion 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 Exhibit 2
- 1985 INA Ohio Policy, # 4 Exhibit 3 - 1986 INA Policy, # 5 Exhibit 4 - 1986
INA Ohio Policy, # 6 Exhibit 5 - James Milinski Affidavit, # 7 Exhibit 6 - Dieter
Kaesgen Affidavit, # 8 Exhibit 7 - Commutation Agreement, # 9 Exhibit 8 -
Indemnification Agreement, # 10 Appendix of Unreported Authorities)
(Vanderburg, Keith) Modified text on 5/7/2010 (P,G). (Entered: 05/06/2010)
05/21/2010 51 Joinder to MTD Product Inc's 50 Motion for Partial Summary Judgment on the
Subjects of Number of Occurrences, Single Occurrence Limit and
Noncumulation of Liability Clause filed by Ace American Insurance Company,
Century Indemnity Company, Insurance Company of North America. (Fagnilli,
David) Modified text and created link on 5/24/2010 (S,He). (Entered:
05/21/2010)
05/27/2010 52 Order regarding partial motion for summary judgment. Plaintiff will have no
obligation to respond to the pending "partial motion for summary judgment"
filed in this case until after discovery is closed and after the Court sets a deadline
for the plaintiff's response to said motion, and only if defendants state that the
"partial motion for summary judgment" is the only motion that will be filed for
summary judgment. Signed by Judge David D. Dowd, Jr. on 5/26/2010. (M,De)
(Entered: 05/27/2010)
07/13/2010 53 Joint Motion for extension of Available Time for Discovery until January 16,
2011 filed by Plaintiff Luk Clutch Systems LLC. (Drushal, J.) (Entered:
07/13/2010)
07/14/2010 54 Order regarding 53 joint motion to extend the discovery deadline six (6)
months. Discovery will remain open at this time. The Court will determine a
revised discovery deadline at the status conference on 7/29/2010. Signed by
Judge David D. Dowd, Jr. on 7/14/2010. (S,He) (Entered: 07/14/2010)
07/29/2010 Minutes of proceedings [non-document] before Judge David D. Dowd, Jr.
Status Conference held on 7/29/2010. (Court Reporter: none) Time: 60 Minutes.
(M,De) (Entered: 07/29/2010)
07/30/2010 55 Order regarding 53 Motion to Extend discovery deadline. Discovery is
extended until 12/27/2010. A Status Conference is set for 12/28/2010 at 12:30
p.m. to be held telephonically before Judge David D. Dowd Jr. Plaintiff's
counsel shall make arrangements for a dial-in conference call, and shall notify
the Court and opposing counsel of the dial-in instructions by 12/27/2010 at
12:00 noon. Signed by Judge David D. Dowd, Jr. on 7/29/2010. (M,De)
(Entered: 07/30/2010)
09/28/2010 56 Stipulated Motion for protective order filed by Cross-Claimant MTD Products
Inc, Movant MTD Products Inc. (Lavin, Angela) (Entered: 09/28/2010)
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09/30/2010 57 Order approving proposed stipulated protective order subject to the following
(See order for specifics). (Related Doc # 56 ). Signed by Judge David D. Dowd,
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. Filing
fee $ 100, receipt number 0647-4429512, filed by Plaintiff Luk Clutch Systems
LLC. (Attachments: # 1 Affidavit)(Drushal, J.) (Entered: 12/03/2010)
12/03/2010 Order [non-document] granting Motion for appearance pro hac vice by Alan
Kluegel for plaintiff (Related Doc # 58 ). Counsel is reminded he is required to
register for CM/ECF and to file and receive all documents electronically. See LR
5.1(c). Local counsel is directed to notify counsel of this requirement. Approved
by Judge David D. Dowd, Jr. on 12/3/2010. (M,De) (Entered: 12/03/2010)
12/28/2010 Minutes of proceedings [non-document] before Judge David D. Dowd, Jr.
Status Conference held on 12/28/2010. (Court Reporter: none) Time: 30
Minutes. (M,De) (Entered: 12/28/2010)
12/28/2010 59 Order that Plaintiff's motion for summary judgment, and response to
defendants' previously filed motion for summary judgment, are due February 4,
2011. Defendants' response to plaintiff's motion for summary judgment, and
reply to plaintiff's opposition to defendants' motion, are due February 25, 2011.
Plaintiff's reply to defendants' opposition to plaintiff's motion is due March 11,
2011. If the parties jointly desire to pursue mediation before the Court rules on
the parties' cross motions for summary judgment through the Court's Alternative
Dispute Resolution process, or with the assigned Magistrate Judge or private
mediator, they should so notify the Court. Signed by Judge David D. Dowd, Jr.
on 12/28/2010. (M,De) (Entered: 12/28/2010)
02/04/2011 60 Motion for partial summary judgment filed by Plaintiff Luk Clutch Systems
LLC. (Drushal, J.) (Entered: 02/04/2011)
02/04/2011 61 SEALED Document: Memorandum in Support of Its Motion for Summary
Judgment and Its Opposition to Defendant MTD Products Inc.'s Motion for
Partial Summary Judgment filed by Luk Clutch Systems LLC. Related
document(s) 57 , 60 . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4
Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10
Exhibit, # 11 Exhibit, # 12 Exhibit) Related document 57 . (Drushal, J.)
Modified to include link to protective order on 2/7/2011 (M,TL). (Entered:
02/04/2011)
02/04/2011 62 Notice of Attachment of Nonconfidential Exhibits to Its Sealed Memorandum in
Support of its Motion for Summary Judgment and its Opposition to Defendant
MTD Products Inc.'s Motion for Partial Summary Judgment filed by Luk Clutch
Systems LLC. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit
Ex. 3, # 4 Exhibit Ex. 5, # 5 Exhibit Ex. 6, # 6 Exhibit Ex. 7, # 7 Exhibit Ex. 8, #
8 Exhibit Ex. 9, # 9 Exhibit Ex. 10, # 10 Exhibit Ex. 11, # 11 Exhibit Ex. 12, #
12 Exhibit Ex. 14, # 13 Exhibit Ex. 15, # 14 Exhibit Ex. 26, # 15 Exhibit Ex. 27,
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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 Systems LLC.
Related document(s) 61 , 60 . (Drushal, J.) Modified text on 2/7/2011 (M,TL).
(Entered: 02/04/2011)
02/07/2011 64 Order that for all motions that are currently pending, and all pleadings or
motions filed in the future, with exhibits attached thereto, the filing party must
file an index to exhibits. The index of exhibits for motions currently pending
should be filed by February 11, 2011. (SEE order for details and specifics).
SIgned by Judge David D. Dowd, Jr. on 2/7/2011 (M,De) (Entered: 02/07/2011)
02/07/2011 65 Notice of filing index of exhibits to motion for partial summary judgment 50
filed by MTD Products Inc. Related document 50 .(Lavin, Angela) Modified text
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 Motion for
Summary Judgment and Its Opposition to Defendant MTD Products Inc.'s
Motion for Partial Summary Judgment filed by Luk Clutch Systems LLC.
Related document(s) 61 , 64 , 62 .(Drushal, J.) (Entered: 02/08/2011)
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LUK CLUTCH SYSTEMS LLC v. CENTURY INDEMNITY COMPANY Docket

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Northern District of Ohio https://ecf.ohnd.uscourts.gov/cgi-bin/DktRpt.pl?896295010908...

U.S. District Court

1200 Fifth Third Center

Date Filed # Docket Text

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

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

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

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

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

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