Fachner et al v. Safeco Insurance Company of America
| Montana District Court | |
| Judge: | Kathleen L Desoto |
| Referred: | Kathleen L Desoto |
| Case #: | 1:23-cv-00063 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Insurance Contract |
| Case Filed: | Jun 14, 2023 |
| Last checked: Monday Dec 11, 2023 1:39 AM MST |
|
Defendant
American Economy Insurance Company
|
Represented By
|
|
Plaintiff
Carol A. Fachner
|
Represented By
|
|
Plaintiff
Jerome O. Fachner
|
Represented By
|
| TERMINATED PARTIES | |
|
Defendant
Safeco Insurance Company of America
Terminated: 07/14/2023
|
|
GPO
Jul 19 2024
PROTECTIVE ORDER. Signed by Magistrate Judge Kathleen L. DeSoto on 7/19/2024. (SGN) |
|
|
GPO
Oct 09 2024
ORDER granting 24 Motion to Compel. Signed by Magistrate Judge Kathleen L. DeSoto on 10/9/2024. (APP) Mailed to Counsel for Fachner and Luxury Living Rentals, LLC and each of these parties individually per the Order |
| Docket last updated: 05/04/2025 11:59 PM MDT |
| Thursday, April 24, 2025 | ||
| 44 | 44
respm
Response to Motion
Thu 04/24 11:10 AM
RESPONSE to Motion re42 MOTION to Quash Subpoena, pursuant to Rule 45(3), Fed. R. Civ. P. filed by American Economy Insurance Company. (Murphy, Brooke) |
|
|
Att: 1
Exhibit Subpoena to Produce Documents Joel Fachner,
|
||
|
Att: 2
Affidavit Brooke B. Murphy,
|
||
|
Att: 3
Exhibit Carol Fachner Deposition Excerpts,
|
||
|
Att: 4
Exhibit Jerome Fachner Deposition Excerpts
|
||
| Thursday, April 10, 2025 | ||
| 43 | 43
respm
Brief/Memorandum in Support - MT
Thu 04/10 1:27 PM
Brief/Memorandum in Support re42 MOTION to Quash Subpoena, pursuant to Rule 45(3), Fed. R. Civ. P. filed by Joel Fachner. (Nelson, Randall) |
|
|
Att: 1
Exhibit A - Joel Fachner Deposition page,
|
||
|
Att: 2
Affidavit of Joel Fachner,
|
||
|
Att: 3
Deposition of Joel Fachner
|
||
| 42 | 42
motion
Quash
Thu 04/10 1:23 PM
MOTION to Quash Subpoena, pursuant to Rule 45(3), Fed. R. Civ. P. . Randall G. Nelson appearing for In Re Joel Fachner. (Nelson, Randall) |
|
| Monday, January 13, 2025 | ||
|
utility
Terminate Deadlines and Hearings
Mon 01/13 9:07 AM
Terminate Deadlines and Hearings. (HMJ) |
||
| Tuesday, December 24, 2024 | ||
| 41 | 41
misc
Statement of Undisputed Fact - MT Response to Motion
Tue 12/24 10:36 AM
RESPONSE to Motion re37 Unopposed MOTION for Leave to File Supplemental Statement of Undisputed Facts , Statement of Undisputed Fact re:28 MOTION for Partial Summary Judgment by Carol A. Fachner, Jerome O. Fachner filed by Carol A. Fachner, Jerome O. Fachner. (Cunningham, Geoffrey) |
|
| Thursday, December 12, 2024 | ||
| 40 | 40
respm
Brief/Memorandum in Support - MT Reply to Response to Motion
Thu 12/12 5:31 PM
Brief/Memorandum in Support re28 MOTION for Partial Summary Judgment , REPLY to Response to Motion filed by American Economy Insurance Company. (Murphy, Brooke) |
|
| 39 | 39
misc
Supplement - MT
Thu 12/12 5:23 PM
SUPPLEMENT re28 MOTION for Partial Summary Judgment ,29 Statement of Undisputed Fact by American Economy Insurance Company. (Murphy, Brooke) |
|
| 38 | 38
2
pgs
order
Order on Motion for Leave to File
Thu 12/12 3:37 PM
ORDER granting37 Motion for Leave to File. Signed by Magistrate Judge Kathleen L. DeSoto on 12/12/2024. (APP) |
|
| Wednesday, December 11, 2024 | ||
| 37 | 37
motion
Leave to File Document
Wed 12/11 5:00 PM
Unopposed MOTION for Leave to File Supplemental Statement of Undisputed Facts . Ben T. Sather appearing for Defendant American Economy Insurance Company. (Sather, Ben) |
|
|
Att: 1
Exhibit Proposed Supplemental Statement of Undisputed Facts,
|
||
|
Att: 2
Text of Proposed Order Proposed Order Granting Unopposed Motion
|
||
| Monday, December 02, 2024 | ||
| 36 | 36
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Mon 12/02 3:45 PM
ORDER granting35 Motion for Extension of Time to File Response/Reply re35 MOTION for Extension of Time to File Response/Reply as to33 Response to Motion ,28 MOTION for Partial Summary Judgment Replies due by 12/13/2024. Signed by Magistrate Judge Kathleen L. DeSoto on 12/2/2024. (TXB) |
|
| 35 | 35
motion
Extension of Time to File Response/Reply
Mon 12/02 1:41 PM
MOTION for Extension of Time to File Response/Reply as to33 Response to Motion . Brooke B. Murphy appearing for Defendant American Economy Insurance Company. (Murphy, Brooke) |
|
|
Att: 1
Text of Proposed Order
|
||
| Friday, November 22, 2024 | ||
| 34 | 34
misc
Statement - MT
Fri 11/22 5:09 PM
STATEMENT re33 Response to Motion for Partial Summary Judgment by Carol A. Fachner, Jerome O. Fachner. (Cunningham, Geoffrey) |
|
|
Att: 1
Exhibit October 28, 2021 Letter,
|
||
|
Att: 2
Exhibit Deposition Transcript - Mandy Winters,
|
||
|
Att: 3
Exhibit Deposition Transcript - Jerome Fachner,
|
||
|
Att: 4
Exhibit February 10, 2021 Email,
|
||
|
Att: 5
Exhibit Claim Notes,
|
||
|
Att: 6
Exhibit March 3, 2022 Letter w/ Attachments,
|
||
|
Att: 7
Exhibit April 25, 2022 Letter w/ Attachments,
|
||
|
Att: 8
Exhibit May 3, 2022 Email,
|
||
|
Att: 9
Exhibit Rimkus Estimate,
|
||
|
Att: 10
Exhibit September 30, 2022 Winters Letter,
|
||
|
Att: 11
Exhibit November 15, 2022 Parker Letter,
|
||
|
Att: 12
Exhibit Alpha Omega Estimate,
|
||
|
Att: 13
Exhibit Deposition Transcript - Carol Fachner,
|
||
|
Att: 14
Exhibit Singer Opinion
|
||
| 33 | 33
respm
Response to Motion
Fri 11/22 5:01 PM
RESPONSE to Motion re28 MOTION for Partial Summary Judgment filed by Carol A. Fachner, Jerome O. Fachner. (Cunningham, Geoffrey) |
|
| Thursday, November 14, 2024 | ||
| 32 | 32
1
pgs
order
Order Setting - MT ~Util - Terminate Motions
Thu 11/14 4:11 PM
IT IS ORDERED that Plaintiffs'31 First MOTION for Extension of Time to File is GRANTED. Plaintiffs shall file a response to Defendants motion for partial summary judgment on or before November 22, 2024. Signed by Magistrate Judge Kathleen L. DeSoto on 11/14/2024. (APP) |
|
| 31 | 31
motion
Extension of Time to File Answer
Thu 11/14 8:34 AM
First MOTION for Extension of Time to File Answer re30 Brief/Memorandum in Support . Geoffrey T. Cunningham appearing for Plaintiffs Carol A. Fachner, Jerome O. Fachner. (Cunningham, Geoffrey) |
|
|
Att: 1
Text of Proposed Order
|
||
| Friday, October 25, 2024 | ||
| 30 | 30
respm
Brief/Memorandum in Support - MT
Fri 10/25 5:15 PM
Brief/Memorandum in Support re28 MOTION for Partial Summary Judgment filed by American Economy Insurance Company. (Murphy, Brooke) |
|
| 29 | 29
misc
Statement of Undisputed Fact - MT
Fri 10/25 5:11 PM
Statement of Undisputed Fact re:28 MOTION for Partial Summary Judgment by American Economy Insurance Company filed by American Economy Insurance Company. (Murphy, Brooke) |
|
| 28 | 28
motion
Partial Summary Judgment - SDM
Fri 10/25 5:05 PM
MOTION for Partial Summary Judgment . Brooke B. Murphy appearing for Defendant American Economy Insurance Company. (Murphy, Brooke) |
|
| Wednesday, October 09, 2024 | ||
| 27 | 27
8
pgs
order
Order on Motion to Compel
Wed 10/09 3:26 PM
ORDER granting24 Motion to Compel. Signed by Magistrate Judge Kathleen L. DeSoto on 10/9/2024. (APP) |
|
| Wednesday, September 18, 2024 | ||
| 26 | 26
notice
Notice (Other)
Wed 09/18 1:09 PM
NOTICE by Jerome O. Fachner Settlement Conference Report (Parker, Mark) |
|
| Friday, September 13, 2024 | ||
| 25 | 25
respm
Brief/Memorandum in Support - MT
Fri 09/13 2:38 PM
Brief/Memorandum in Support re24 MOTION to Compel Compliance with Subpoenas Duces Tecum filed by American Economy Insurance Company. (Murphy, Brooke) |
|
|
Att: 1
Affidavit Affidavit of Brooke B. Murphy in Support of Def American Economy's Motion to Compel,
|
||
|
Att: 2
Exhibit EX. B-Carol Fachner Depo Excerpts
|
||
| 24 | 24
motion
Compel
Fri 09/13 2:17 PM
MOTION to Compel Compliance with Subpoenas Duces Tecum . Brooke B. Murphy appearing for Defendant American Economy Insurance Company. (Murphy, Brooke) |
|
| Thursday, July 25, 2024 | ||
| 23 | 23
answer
Answer to Amended Complaint
Thu 07/25 12:20 PM
American Economy Insurance Company's Amended ANSWER to5 Amended Complaint and Demand for Jury Trail by American Economy Insurance Company. (Murphy, Brooke) |
|
| 22 | 22
1
pgs
order
Order on Motion for Leave to File
Thu 07/25 8:45 AM
ORDER granting21 Motion for Leave to File Signed by Magistrate Judge Kathleen L. DeSoto on 7/25/2024. (TXB) |
|
| Wednesday, July 24, 2024 | ||
| 21 | 21
motion
Leave to File Document
Wed 07/24 3:22 PM
Unopposed MOTION for Leave to File First Amended Answer . Brooke B. Murphy appearing for Defendant American Economy Insurance Company. (Murphy, Brooke) |
|
|
Att: 1
Exhibit Amended Answer to Plaintiff's First Amended Complaint,
|
||
|
Att: 2
Text of Proposed Order Proposed Order to File Amended Answer
|
||
| Friday, July 19, 2024 | ||
| 20 | 20
order
Protective Order ~Util - Terminate Motions
Fri 07/19 3:31 PM
PROTECTIVE ORDER. Signed by Magistrate Judge Kathleen L. DeSoto on 7/19/2024. (SGN) |
|
| 19 | 19
motion
Protective Order
Fri 07/19 12:49 PM
Unopposed MOTION for Protective Order . Brooke B. Murphy appearing for Defendant American Economy Insurance Company. (Murphy, Brooke) |
|
|
Att: 1
Agreed Order of Protection
|
||
| Tuesday, January 09, 2024 | ||
|
utility
Terminate Deadlines and Hearings
Tue 01/09 3:12 PM
Terminate Deadlines and Hearings-Amended Pleadings Deadline 11/03/2023. (APP) |
||
| Friday, September 29, 2023 | ||
| 18 | 18
order
Scheduling Order - SDM
Fri 09/29 1:23 PM
SCHEDULING ORDER: Amended Pleadings due by 11/3/2023. Discovery due by 8/23/2024. Motions due by 10/25/2024.. Signed by Magistrate Judge Kathleen L. DeSoto on 9/29/2023. (TXB) |
|
| Friday, September 15, 2023 | ||
| 17 | 17
misc
Clerk's Notice Upon Consent to USMJ - MT
Fri 09/15 10:14 AM
Clerk's Notice Upon Consent to USMJ Pursuant to L.R. 73.1 and consent of the parties having been made, this case is assigned to the United States magistrate judge to conduct all further proceedings, enter judgment and conduct all post-trial proceedings. Case reassigned to Magistrate Judge Kathleen L. DeSoto. (APP) |
|
| Thursday, September 14, 2023 | ||
| 16 | 16
limited
Consent to Jurisdiction by Magistrate Judge - by Party
Thu 09/14 4:50 PM
|
|
| 15 | 15
limited
Consent to Jurisdiction by Magistrate Judge - by Party
Thu 09/14 2:37 PM
|
|
| 14 | 14
minutes
Pretrial Conference - Initial
Thu 09/14 11:51 AM
MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen L. DeSoto: Initial Pretrial Conference held on 9/14/2023 (Hearing held in Missoula) (APP) |
|
|
utility
Terminate Deadlines and Hearings
Thu 09/14 1:33 PM
Terminate Deadlines and Hearings-Zoom Pretrial Conference 09/14/2023 (APP) |
||
| Tuesday, September 12, 2023 | ||
| 13 | 13
notice
Mailing of Consent - MT
Tue 09/12 1:29 PM
Service of Consent to Magistrate Judge as Presiding Judge form. Consent/Objection to USMJ Form due by 9/26/2023. (APP) |
|
| 12 | 12
notice
Notice of Appearance
Tue 09/12 9:44 AM
NOTICE of Appearance by Geoffrey T. Cunningham on behalf of Carol A. Fachner, Jerome O. Fachner (Cunningham, Geoffrey) |
|
| Thursday, September 07, 2023 | ||
| 11 | 11
misc
Statement of Stipulated Facts- MT
Thu 09/07 3:39 PM
STATEMENT OF STIPULATED FACTS by Carol A. Fachner, Jerome O. Fachner. (Parker, Mark) |
|
| 10 | 10
misc
Joint Discovery Plan - SDM
Thu 09/07 3:38 PM
JOINT DISCOVERY PLAN by Carol A. Fachner, Jerome O. Fachner. (Parker, Mark) |
|
| 9 | 9
misc
Preliminary Pretrial Statement - MT
Thu 09/07 3:36 PM
PRELIMINARY PRETRIAL STATEMENT by Carol A. Fachner, Jerome O. Fachner. (Parker, Mark) |
|
| 8 | 8
misc
Preliminary Pretrial Statement - MT
Thu 09/07 3:17 PM
PRELIMINARY PRETRIAL STATEMENT by American Economy Insurance Company. (Murphy, Brooke) |
|
| Friday, August 04, 2023 | ||
| 7 | 7
answer
Answer to Amended Complaint
Fri 08/04 12:51 PM
Defendant American Economy Insurance Company's ANSWER to5 Amended Complaint by American Economy Insurance Company. (Murphy, Brooke) |
|
|
Att: 1
Supplement Rule 7.1 Corporate Disclosures
|
||
| Friday, July 14, 2023 | ||
| 6 | 6
service
Affidavit of Service
Fri 07/14 3:07 PM
AFFIDAVIT of Service for Complaint/Summons. Served on Cassie Moyer on June 16, 2023, filed by Jerome O. Fachner. Safeco Insurance Company of America answer due date 7/7/2023. (Cosgrove, Shawn) |
|
| Thursday, July 13, 2023 | ||
| 5 | 5
cmp
Amended Complaint
Thu 07/13 3:44 PM
AMENDED COMPLAINT against Safeco Insurance Company of America, filed by Jerome O. Fachner. (Cosgrove, Shawn) |
|
|
Att: 1
Exhibit Insurance Policy
|
||
| Thursday, June 15, 2023 | ||
| 4 | 4
order
Preliminary Pretrial Conference Order - MT
Thu 06/15 11:39 AM
PRELIMINARY PRETRIAL CONFERENCE ORDER Preliminary Pretrial Statement due by 9/7/2023. Joint Discovery Plan due by 9/7/2023. Statement of Stipulated Facts due by 9/7/2023. Zoom Pretrial Conference set for 9/14/2023 at 11:00 AM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 6/15/2023. (APP) Modified on 6/15/2023 SEND OUT ZOOM INFO (APP) |
|
| 3 | 3
service
Summons Issued
Thu 06/15 11:19 AM
Summons Issued as to Safeco Insurance Company of America. Issued summons may be downloaded and printed by counsel for service. (APP) |
|
| Wednesday, June 14, 2023 | ||
| 2 | 2
service
Submission of Proposed Summons - MT
Wed 06/14 3:27 PM
Submission of Proposed Summons as to Safeco Insurance Company of America, re1 Complaint (Cosgrove, Shawn) |
|
| 1 | 1
cmp
Complaint - SDM
Wed 06/14 2:51 PM
COMPLAINT and Demand for Jury Trial against Safeco Insurance Company of America, filed by Jerome O. Fachner, Carol A. Fachner. (JDH) |
|
|
Att: 1
Exhibit A,
|
||
|
Att: 2
Civil Cover Sheet
|
||
|
misc
Filing Fee Received
Wed 06/14 2:51 PM
Filing fee received: $ 402.00, receipt number AMTDC-3085195 (JDH) |
||