Wisconsin Eastern District Court
Judge:Pamela Pepper
Case #: 2:24-cv-01462
Nature of Suit380 Torts - Personal Property - Other Personal Property Damage
Cause28:1332 Diversity-Property Damage
Case Filed:Nov 13, 2024
Last checked: Monday May 12, 2025 3:58 AM CDT
Consolidated Plaintiff
Zurich American Insurance Company
Represented By
Marc F Katalinic
Nielsen Zehe & Antas PC
contact info
Erik W Nielsen
Nielsen Zehe & Antas PC
contact info
Defendant
CD Smith Construction Inc
Represented By
Averi A Niemuth
Dewitt LLP
contact info
Brian R Smigelski
Dewitt LLP
contact info
Eugene M LaFlamme
Mccoy Leavitt Laskey LLC
contact info
Plaintiff
Endurance American Specialty Insurance Company
Represented By
Jonathan Levy
Cozen O'Connor
contact info
Philip T Carroll
Cozen O'Connor
contact info
Plaintiff
Tokio Marine Highland Insurance Services Inc
Represented By
Jonathan Levy
Cozen O'Connor
contact info
Philip T Carroll
Cozen O'Connor
contact info


Docket last updated: 3 hours ago
Wednesday, April 09, 2025
20 20 misc Certificate of Service Wed 04/09 3:50 PM
CERTIFICATE OF SERVICE by Zurich American Insurance Company (Katalinic, Marc)
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Tuesday, February 25, 2025
19 19 order Scheduling Order Tue 02/25 11:39 AM
SCHEDULING ORDER signed by Chief Judge Pamela Pepper on 2/25/2025. Rule 26(a) Disclosures to be exchanged by 4/10/2025; Amended Pleadings or Join Parties Without Leave of the Court due by 7/11/2025; Plaintiffs Expert Witness List due by 1/16/2026, Defendants Expert Witness List due by 3/2/2026; All Discovery due by 6/1/2026; Motions in limine and Daubert motions or if the parties choose to not file any dispositive motions a joint status report due by 7/10/2026. (cc: all counsel)(kgw)
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Monday, February 24, 2025
18 18 minutes Scheduling Conference Tue 02/25 11:31 AM
Court Minutes RE: Scheduling Conference held on 2/24/2025 before Chief Judge Pamela Pepper. (kgw)
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17 17 audio Audio docketing digital upload Mon 02/24 4:16 PM
Audio of Rule 16 scheduling conference held on 02/24/2025 at 3:32 p.m.; File Size (18.9 MB) (kgw)
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Tuesday, February 11, 2025
16 16 misc Report of Rule 26(f) Plan Tue 02/11 7:08 AM
STATUS REPORT of Rule 26(f) Plan by All Parties. (Levy, Jonathan)
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Friday, January 31, 2025
15 15 misc Status Report Fri 01/31 3:03 PM
STATUS REPORT by Tokio Marine Highland Insurance Services Inc. (Levy, Jonathan)
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Tuesday, January 28, 2025
utility Consolidate Case - Lead Tue 01/28 11:46 AM
The associated cases have been consolidated. All future filings are to be made in the lead case 24-CV-1462. Associated Cases: 2:24-cv-01462-PP, 2:24-cv-01483-PP(rcm)
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Monday, January 27, 2025
14 14 5 pgs order Order ~Util - Terminate Motions Mon 01/27 11:06 AM
ORDER signed by Chief Judge Pamela Pepper on 1/27/2025 GRANTING (11 in 24-cv-1462-PP)(9 in 24-cv-1483-JPS) defendant's motion to consolidate. Clerk of Court to REASSIGN Case No. 24-cv-1483 to Chief Judge Pepper and indicate that Case No. 24-cv-1462 is lead case. Parties to caption all future pleadings/filings using consolidated case caption and file only in Case No. 24-cv-1462. By end of day 2/3/2025, parties to file status report informing the court whether they can comply with Rule 26(f) report and scheduling conference deadlines set in Case No. 24-cv-1462 at Dkt. No. 6. (cc: all counsel)(cb)
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Monday, January 20, 2025
13 13 motion Substitute Attorney Mon 01/20 3:43 PM
Consent MOTION to Substitute Attorney by CD Smith Construction Inc. (LaFlamme, Eugene)
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12 12 motion Substitute Attorney Mon 01/20 3:10 PM
Consent MOTION to Substitute Attorney by CD Smith Construction Inc. (LaFlamme, Eugene)
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utility Terminate Attorney - Notice Parties Tue 01/21 8:49 AM
Attorney Averi A Niemuth terminated. (amb)
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Tuesday, December 10, 2024
11 11 motion Consolidate Cases Tue 12/10 3:06 PM
Rule 7(h) Expedited Non-Dispositive MOTION to Consolidate Cases by CD Smith Construction Inc. (Niemuth, Averi)
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Thursday, December 05, 2024
10 10 misc Consent/Refusal to Jurisdiction by US Magistrate Judge Thu 12/05 3:33 PM
Magistrate Judge Jurisdiction Form filed by CD Smith Construction Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Niemuth, Averi)
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9 9 misc Consent/Refusal to Jurisdiction by US Magistrate Judge Thu 12/05 2:15 PM
Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Carroll, Philip)
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Friday, November 22, 2024
8 8 notice Notice of Appearance Fri 11/22 11:40 AM
NOTICE of Appearance by Jonathan Levy on behalf of All Plaintiffs. Attorney(s) appearing: Jonathan Levy (Levy, Jonathan)
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7 7 notice Notice of Appearance Fri 11/22 11:38 AM
NOTICE of Appearance by Philip T Carroll on behalf of Tokio Marine Highland Insurance Services Inc, Endurance American Specialty Insurance Company. Attorney(s) appearing: Philip T. Carroll (Carroll, Philip)
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Thursday, November 21, 2024
6 6 3 pgs order Order ~Util - Set/Reset Deadlines/Hearings Thu 11/21 2:35 PM
ORDER signed by Chief Judge Pamela Pepper on 11/21/2024. Scheduling Conference set for 2/24/2025 at 3:30 PM by telephone before Chief Judge Pamela Pepper. The parties are to appear by calling the court's conference line at 551-285-1373 and entering Meeting ID 161 4901 8989 and Passcode 190021 when prompted. Rule 26 discovery plan due by 2/10/2024 2/10/ 2025 . (cc: all counsel)(cb) Modified on 11/21/2024 (Rule 26 discovery plan due date corrected) (cb)
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Wednesday, November 20, 2024
5 5 respoth Answer to Complaint (Notice of Removal) Wed 11/20 10:55 AM
ANSWER to Complaint (Notice of Removal) Answer and Affirmative Defenses filed by CD Smith Construction Inc. (Smigelski, Brian)
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Thursday, November 14, 2024
4 4 misc Certificate of Service Thu 11/14 2:34 PM
CERTIFICATE OF SERVICE by C.D. Smith Construction Inc Proof of Filing of Notice of Removal in State Court (Smigelski, Brian)
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notice Notice of Judge Assignment Thu 11/14 8:06 AM
NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper. Consent/refusal forms for Magistrate Judge William Duffin to be filed within 21 days; the consent/refusal form is available[LINK:here.] (mew)
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misc Case Opening Modification Thu 11/14 1:27 PM
Case Opening Modification(s); The following modification(s) have been made to your case entry: The county code has been modified - please remember to choose the county for the first named plaintiff. One or more party names have been modified - please remember to follow the Party Name Guidelines found on our website. ; Please refer to the[LINK:attorney case opening instructions] , the[LINK:summons instructions] and the[LINK:party name guidelines found in the user manual] for further guidance (edr)
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Wednesday, November 13, 2024
3 3 misc Disclosure Statement Wed 11/13 5:04 PM
DISCLOSURE Statement by C.D. Smith Construction, Inc.. (Smigelski, Brian)
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2 2 notice Notice of Appearance Wed 11/13 5:02 PM
NOTICE of Appearance by Brian R Smigelski on behalf of C.D. Smith Construction, Inc.. Attorney(s) appearing: Brian R. Smigelski (Smigelski, Brian)
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1 1 notice Notice of Removal Wed 11/13 4:58 PM
NOTICE OF REMOVAL by C.D. Smith Construction, Inc. from Milwaukee County Circuit Court, Case Number: 24cv8022 with attached state court documents. (Filing Fee PAID $405 receipt number AWIEDC-4817568)(Smigelski, Brian)
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Att: 1 Complaint Summons and Complaint from State Court,
Att: 2 Civil Cover Sheet Civil Cover Sheet