Case: Huskey v. State Farm Fire & Casualty Company

COMPLAINT filed by Jacqueline Huskey; Jury Demand. Filing fee $ 402, receipt number AILNDC-20137867.(Karsh, Joshua) (Entered: 12/14/2022)

CIVIL Cover Sheet (Karsh, Joshua) (Entered: 12/14/2022)

ATTORNEY Appearance for Plaintiff Jacqueline Huskey by Joshua Karsh (Karsh, Joshua) (Entered: 12/14/2022)

CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Shelia Finnegan. Case assignment: Random assignment. (smb, )

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (smb, )

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20142368. (Archer, Deborah) (Entered: 12/15/2022)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20142575. (Rose, Alexander) (Entered: 12/15/2022)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20143433. on behalf of Plaintiff Jacqueline Huskey (Crooks, James) (Entered: 12/15/2022)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20143595. (Attachments: # 1 Supplement Explaination of "Retired" Status from Pennsylvania Bar)(Rich, Aisha) (Entered: 12/15/2022)

MINUTE entry before the Honorable Virginia M. Kendall. Attorneys Deborah Archer, Alexander Rose, James Crooks and Aisha Rich's Motions to appear pro hac vice 4, 5, 6 and 7 are granted.Mailed notice (lk, ) (Entered: 12/22/2022)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/29/2022)

MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 3/23/2023 at 9:00 a.m. Joint Status Report due by 3/20/2023 which will proceed in Courtroom 2503. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Mailed notice (Attachments: # 1 Virtual Hearing Request Form) (lk, ) (Entered: 01/03/2023)

WAIVER OF SERVICE returned executed by Jacqueline Huskey. State Farm Fire & Casualty Company waiver sent on 1/10/2023, answer due 3/13/2023. (Rich, Aisha) (Entered: 01/11/2023)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20272857. (Williamson, Jason) (Entered: 01/24/2023)

MINUTE entry before the Honorable Virginia M. Kendall. Attorney Jason Williamson's Motion to appear pro hac vice 12 is granted. Mailed notice (lk, ) (Entered: 02/01/2023)

ATTORNEY Appearance for Defendant State Farm Fire & Casualty Company by Patricia Brown Holmes (Holmes, Patricia) (Entered: 02/08/2023)

ATTORNEY Appearance for Defendant State Farm Fire & Casualty Company by Joseph Anthony Cancila, Jr (Cancila, Joseph) (Entered: 02/08/2023)

ATTORNEY Appearance for Defendant State Farm Fire & Casualty Company by Sondra A. Hemeryck (Hemeryck, Sondra) (Entered: 02/08/2023)

ATTORNEY Appearance for Defendant State Farm Fire & Casualty Company by Sarah Elizabeth Finch (Finch, Sarah) (Entered: 02/08/2023)

EXHIBIT by Plaintiff Jacqueline Huskey Pro Hac Vice Addendum (Williamson, Jason) (Entered: 02/09/2023)

MOTION by Plaintiff Jacqueline Huskey to set a briefing schedule Unopposed Motion to Establish Amended Pleadings and Responsive Briefing Schedule and to Reschedule Initial Status Conference (Rich, Aisha) (Entered: 02/14/2023)

NOTICE of Motion by Aisha Rich for presentment of motion by filer to set a briefing schedule 19 before Honorable Virginia M. Kendall on 2/28/2023 at 09:00 AM. (Rich, Aisha) (Entered: 02/14/2023)

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 2/28/2023 at 9:00 AM stands and will proceed in Courtroom 2503. Virtual hearings will be held on Fridays at 9:30 AM. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice (Attachments: # 1 Virtual Hearing Request Form) (lk, ) (Entered: 02/16/2023)

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Unopposed Motion to set briefing schedule 19 is granted. Amended Pleadings shall be filed by 3/31/2023. Answer or Motion to Dismiss shall be filed by 5/15/2023. Response to Motion to Dismiss due by 6/29/2023; Reply due by 7/31/2023. Status hearing is reset for 9/11/2023 at 9:00 AM. Status hearing set for 3/23/2023 and Motion hearing set for 2/28/2023 are stricken. Mailed notice (lk, ) (Entered: 02/22/2023)

FIRST AMENDED complaint by Jacqueline Huskey against State Farm Fire & Casualty Company (Attachments: # 1 Redline Comparison of Original Complaint and First Amended Complaint)(Rich, Aisha) (Entered: 03/31/2023)

1 Redline Comparison of Original Complaint and First Amended Complaint

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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant State Farm Fire & Casualty Company (Holmes, Patricia) (Entered: 05/15/2023)

MEMORANDUM by State Farm Fire & Casualty Company in support of Motion to Dismiss for Failure to State a Claim 24 (Attachments: # 1 Exhibit A)(Holmes, Patricia) (Entered: 05/15/2023)

1 Exhibit A

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NOTICE of Motion by Patricia Brown Holmes for presentment of Motion to Dismiss for Failure to State a Claim 24 before Honorable Virginia M. Kendall on 6/14/2023 at 09:00 AM. (Holmes, Patricia) (Entered: 05/15/2023)

MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule as set in Minute Entry 22 regarding Motion to Dismiss 24 stands. Response due by 6/29/2023; Reply due by 7/31/2023. Status hearing set for 9/11/2023 at 9:00 AM stands. Motion hearing set for 6/14/2023 is stricken. Mailed notice (lk, ) (Entered: 05/16/2023)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by State Farm Fire & Casualty Company and Corporate Disclosure Statement pursuant to Fed. R. Civ. P. 7.1 (Holmes, Patricia) (Entered: 05/16/2023)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by State Farm Fire & Casualty Company and Corporate Disclosure Statement pursuant to Fed. R. Civ. P. 7.1 (Holmes, Patricia) (Entered: 05/17/2023)

MOTION by Plaintiff Jacqueline Huskey for Leave to File an Oversized Brief in Opposition to Defendant's Motion to Dismiss (Rich, Aisha) (Entered: 06/13/2023)

NOTICE of Motion by Aisha Rich for presentment of motion for miscellaneous relief 30 before Honorable Virginia M. Kendall on 6/20/2023 at 09:00 AM. (Rich, Aisha) (Entered: 06/13/2023)

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion for leave to file oversized brief 30 is granted. Motion hearing set for 6/20/2023 is stricken. Mailed notice (lk, ) (Entered: 06/16/2023)

RESPONSE by Jacqueline Huskeyin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant State Farm Fire & Casualty Company 24 (Rich, Aisha) (Entered: 06/29/2023)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20845132. (Attachments: # 1 Exhibit)(Powell, Albert) (Entered: 07/19/2023)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20845258. (Attachments: # 1 Exhibit)(Tracey, David) (Entered: 07/19/2023)

ATTORNEY Appearance for Defendant State Farm Fire & Casualty Company by Lauren Abendshien (Abendshien, Lauren) (Entered: 07/20/2023)

MOTION by Defendant State Farm Fire & Casualty Company for leave to file excess pages for Reply Brief in support of Motion to Dismiss (Unopposed) (Holmes, Patricia) (Entered: 07/24/2023)

NOTICE of Motion by Patricia Brown Holmes for presentment of motion for leave to file excess pages 37 before Honorable Virginia M. Kendall on 7/27/2023 at 09:00 AM. (Holmes, Patricia) (Entered: 07/24/2023)

MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Motion for leave to file excess pages 37 is granted. Motion hearing set for 7/27/2023 is stricken. Mailed notice (lk, ) (Entered: 07/26/2023)

MINUTE entry before the Honorable Virginia M. Kendall. Attorneys David Tracey and Albert Powell's Motions to appear pro hac vice 35 and 34 are granted. Mailed notice (lk, )A (Entered: 07/26/2023)

REPLY by State Farm Fire & Casualty Company to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant State Farm Fire & Casualty Company 24 (Holmes, Patricia) (Entered: 07/31/2023)

MOTION by Attorney Aisha Rich to withdraw as attorney for Jacqueline Huskey. No party information provided (Rich, Aisha) (Entered: 07/31/2023)

NOTICE of Motion by Aisha Rich for presentment of motion to withdraw as attorney 42 before Honorable Virginia M. Kendall on 8/7/2023 at 09:00 AM. (Rich, Aisha) (Entered: 07/31/2023)

MINUTE entry before the Honorable Virginia M. Kendall. Attorney Aisha Rich'sMotion to withdraw as attorney 42 is granted. Motion hearing set for 8/7/2023 is stricken. Mailed notice (lk, ) (Entered: 08/01/2023)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20902412. (Lieberman, Michael) (Entered: 08/07/2023)

MINUTE entry before the Honorable Virginia M. Kendall. Attorney Michael Lieberman's Motion to appear pro hac vice 45 is granted. Mailed notice (lk, ) (Entered: 08/09/2023)

MOTION by Defendant State Farm Fire & Casualty Company to stay Discovery (Unopposed) (Hemeryck, Sondra) (Entered: 09/05/2023)

NOTICE of Motion by Sondra A. Hemeryck for presentment of motion to stay 47 before Honorable Virginia M. Kendall on 9/11/2023 at 09:00 AM. (Hemeryck, Sondra) (Entered: 09/05/2023)

MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Unopposed Motion to stay Discovery pending ruling on Motion to Dismiss 47 is granted. Mailed notice (lk, ) (Entered: 09/07/2023)

STATUS Report Joint Initial Status Report by Jacqueline Huskey (Tracey, David) (Entered: 09/08/2023)

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 9/11/2023. The Court orally addressed the Motion to Dismiss 24 on the record in open Court indicating a written Opinion is forthcoming. Mailed notice (lk, ) (Entered: 09/11/2023)

MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 9/11/2023. State Farm's Motion to Dismiss 24 is granted in part and denied in part. Plaintiffs' claim under 42 U.S.C. § 3604(a) of the FHA in Count I is dismissed without prejudice. So is Plaintiffs' claim under § 3605 in Count II. Huskey's claim for injunctive relief is dismissed for lack of subject-matter jurisdiction. Plaintiffs' remaining claim in Count I, under § 3604(b) of the FHA, survives. Plaintiffs may amend their Complaint, consistent with this Opinion, by October 2, 2023. See Opinion for further details. Mailed notice(lk, ) (Entered: 09/11/2023)

TRANSCRIPT OF PROCEEDINGS held on 09/11/2023 before the Honorable Virginia M. Kendall. Order Number: 46837. Court Reporter Contact Information: Gayle A. McGuigan, CSR, RMR, CRR, Gayle_McGuigan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/4/2023. Redacted Transcript Deadline set for 10/16/2023. Release of Transcript Restriction set for 12/12/2023. (McGuigan, Gale) (Entered: 09/13/2023)

MOTION by Defendant State Farm Fire & Casualty Company to Set Schedule for Defendant's Response to Plaintiffs' Pleading (Unopposed) (Attachments: # 1 Exhibit A)(Hemeryck, Sondra) (Entered: 09/14/2023)

NOTICE of Motion by Sondra A. Hemeryck for presentment of motion for miscellaneous relief 54 before Honorable Virginia M. Kendall on 9/19/2023 at 09:00 AM. (Hemeryck, Sondra) (Entered: 09/14/2023)

MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Unopposed Motion to set schedule for Its Response to Plaintiffs' Pleadings 54 is granted. If Plaintiffs do not file an Amended Complaint by 10/2/2023, Defendant shall respond to existing Amended Complaint 23 by 10/9/2023. If Plaintiffs do file an Amended Complaint by 10/2/2023, Defendant shall Respond to the Amended Complaint by 10/23/2023. Motion hearing set for 9/19/2023 is stricken. Mailed notice (lk, ) (Entered: 09/18/2023)

NOTICE by David Hahn Tracey of Change of Address (Tracey, David) (Entered: 09/22/2023)

NOTICE by Albert Powell of Change of Address (Powell, Albert) (Entered: 09/22/2023)

ANSWER to amended complaint by State Farm Fire & Casualty Company(Hemeryck, Sondra) (Entered: 10/09/2023)

GENERAL ORDER 23-0040: EXECUTIVE COMMITTEE ORDER: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeffrey I. Cummings; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Jeffrey I. Cummings; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeffrey I. Cummings' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's criminal case assignment system ninety (90) days so that Judge Cummings shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeffrey I Cummings for all further proceedings. Honorable Virginia M. Kendall no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/26/23. (nsf, ) (Entered: 10/26/2023)

ORDER : STANDING ORDER REGARDING REASSIGNED CIVIL CASES: This case has been re-assigned to the initial calendar of Judge Jeffrey I. Cummings. All previously set status and motion hearing dates are stricken. All previously set discovery deadlines and briefing schedules remain intact. Signed by the Honorable Jeffrey I Cummings on 10/30/2023: Mailed notice. (tg, ) (Entered: 10/30/2023)

MOTION by Defendant State Farm Fire & Casualty Company for protective order (Agreed) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Finch, Sarah) (Entered: 11/07/2023)

1 Exhibit 1

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2 Exhibit 2

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STATUS Report Joint Initial Status Report for Reassigned Case by Jacqueline Huskey (Tracey, David) (Entered: 11/08/2023)

MINUTE entry before the Honorable Jeffrey I Cummings: Defendant's agreed motion for entry of confidentiality order 62 is granted. Enter Agreed Confidentiality Order. Mailed notice. (mgh, ) (Entered: 11/13/2023)

CONFIDENTIALITY ORDER signed by the Honorable Jeffrey I Cummings on 11/13/2023. Mailed notice. (mgh, ) (Entered: 11/13/2023)

MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the parties' joint reassignment status report 63, which indicates that the parties have exchanged Rule 26(a)(1) disclosures and plaintiffs have issued written discovery requests. Defendant shall issue initial written discovery requests by 12/20/23. By agreement of the parties, motions to amend pleadings or add parties are due 4/1/24. The parties are advised that if at any time they are mutually interested in participating in a settlement conference with the Court, they shall contact this Court's Courtroom Deputy for a referral to the assigned Magistrate Judge. By 1/31/24, the parties shall file a joint status report setting forth what discovery has been completed, what discovery remains, and whether any discovery disputes require the Court's attention. The parties shall also meet and confer and shall include an agreed, proposed deadline for the completion of fact discovery. Status hearing is set for 2/13/24 at 9:00 a.m. (to track the case only, no appearance is required). Instead, the Court will review the parties' joint initial status report and enter further orders as appropriate. Mailed notice (mjc, ) (Entered: 12/04/2023)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21403946. (Attachments: # 1 Exhibit)(Kim, Sharon) (Entered: 12/08/2023)

MINUTE entry before the Honorable Jeffrey I Cummings: Attorney Sharon Kim's motion for leave to appear pro hac vice 67 is granted. Mailed notice (cc, ) (Entered: 12/18/2023)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) (Entered: 12/29/2023)

STATUS Report Joint Status Report by Jacqueline Huskey, Riian Wynn (Tracey, David) (Entered: 01/31/2024)

MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the parties' joint status report 70 . This case is referred to the assigned Magistrate Judge for discovery supervision and scheduling, the authority to set, adjust, and extend all discovery deadlines, and to conduct a settlement conference, if requested by the parties. The 2/13/24 tracking status hearing is stricken and re-set to 5/31/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) (Entered: 02/06/2024)

ENTERED IN ERROR(cc, ). (Entered: 02/06/2024)

NOTICE of Correction regarding 72 (cc, ) (Entered: 02/08/2024)

EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Sunil R. Harjani pursuant to Internal OperatingProcedure 19. Signed by Executive Committee on 2/8/2024.(jh, ) (Entered: 02/09/2024)

MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 2/22/2024 at 9:15 a.m. via video conference. The parties are ordered to meet and confer and discuss this Court's orders in Williams v. State Farm, 20 cv 1121. The Court has already entered certain discovery management orders in that case. In addition, the parties should discuss whether it makes sense to coordinate discovery with that case given the overlapping issues. Status report on these matters are due 2/20/2024. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 2307 363 1799##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. The Court does not permit the use of cell phones for the video conference. Mailed notice (lxs, ) (Entered: 02/12/2024)

STATUS Report Joint Status Report by Jacqueline Huskey, Riian Wynn Presented before Magistrate Judge (Tracey, David) (Entered: 02/20/2024)

MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 2/22/2024 is amended to begin at 9:30 a.m. via video conference. Time Change Only. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 2307 363 1799##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. The Court does not permit the use of cell phones for the video conference. Mailed notice (lxs, ) (Entered: 02/21/2024)

MINUTE entry before the Honorable Sunil R. Harjani: Telephonic status hearing held. The Court will issue a written order on the dispute over the scope of Phase I discovery. Mailed notice (lxs, ) (Entered: 02/22/2024)

MINUTE entry before the Honorable Sunil R. Harjani: According to the status report 76, the parties currently dispute the nature of their agreed Phase I discovery. The Court heard argument on this matter and asked numerous questions. The Court has broad discretion in managing discovery and phasing it in a way that meets the requirements of Fed. R. Civ. P. 1. Having reviewed the Amended Complaint 23 and the memorandum opinion 52 on the motion to dismiss, the Court issues the following order: Phase I discovery shall be limited to algorithmic decision-making tools employed by State Farm to screen out potentially fraudulent or complex claims from straightforward homeowners insurance claims. This is the gravamen of Plaintiff's amended complaint (see 23 paragraph 4). To be clear, the Phase I discovery proposed by Plaintiff is overbroad; it goes beyond the allegations of the Complaint. The Phase I discovery proposed by Defendant is too narrow: it is too limited to "machine learning algorithms and artificial intelligence tools" that may not capture all "algorithmic decision-making tools" employed by State Farm to screen out potentially fraudulent or complex claims from straightforward claims. The Phase I discovery here lies somewhere between these two extremes. No further definition, in this Court's view, is necessary. Having said that, as became clear during the argument, Plaintiff does not know if any of these tools actually exist, and the Court does not know either; State Farm did not seem entirely sure. Thus, Phase I should start with a focus on what algorithmic tools are used at the outset to sort potentially fraudulent/complex claims from straightforward claims, before the parties start exploring such voluminous ESI discovery around communications and documents about their use, and the means and methods in which they are used that could, allegedly, result in a disparate impact. The parties shall meet and confer as a result of this order and propose a discovery schedule for Phase I that includes a preliminary focus on the identification of these tools. This should include some initial answers to interrogatories, some initial production of documents, and potentially a short Rule 30(b)(6) deposition all done expeditiously. The parties should identify the tools first through these discovery devices before the deep dive into the tools. Class-wide claims data and statistical data will be reserved for Phase Two. Joint status report on these matters is due by 3/1/24 and status hearing set for 3/6/2024 at 9:15 a.m. via video conference. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 2309 292 0848##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. The Court does not permit the use of cell phones for the video conference. Mailed notice (lxs, ) (Entered: 02/23/2024)

STATUS Report Joint Status Report by Jacqueline Huskey, Riian Wynn Presented before Magistrate Judge (Tracey, David) (Entered: 03/01/2024)

MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 3/6/2024 is stricken and reset to 5/23/2024 at 9:15 a.m. by telephone. By 5/20/2024 the parties should file a Joint Status Report with an update on discovery and settlement discussions. The Court has reviewed the proposed discovery schedule included in the Joint Status Report 80 . The Court enters the following discovery schedule for the preliminary focus of Phase I discovery: (1) Written discovery focused on the algorithmic decision-making tools employed by State Farm to screen out potentially fraudulent or complex claims from straightforward claims shall issue by March 27, 2024; (2) Agreed topics for Rule 30(b)(6) deposition shall issue by May 24, 2024; (3) agreed dates for the Rule 30(b)(6) deposition shall be reached by June 14, 2024; and (4) Rule 30(b)(6) deposition shall be completed by August 9, 2024. After the Rule 30(b)(6) deposition, the parties shall meet and confer for a schedule to complete Phase I discovery. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) (Entered: 03/05/2024)

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0009 IT APPEARING THAT Sunil R. Harjani has been appointed as a United States District Judge for the Northern District of Illinois; and IT FURTHER APPEARING THAT Judge Harjani is no longer sitting as a magistrate judge in the Eastern Division of this Court; and IT FURTHER APPEARING THAT the civil consent, civil referrals, and miscellaneous cases previously pending before Judge Harjani as a U.S. magistrate judge requires reassignment; therefore IT IS HEREBY ORDERED THAT the cases in the attached list are to be reassigned accordingly to the magistrate judge listed. It is also ordered that subsequent referrals where Judge Harjani was the designated magistrate judge, the Clerk shall randomly reassign to another magistrate judge of this Court pursuant to Local Rule 40.1. Case referred to the Honorable Jeffrey T. Gilbert. Signed by Executive Committee on 4/2/24.(lm, ) (Entered: 04/05/2024)

MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been reassigned to Magistrate Judge Gilbert. The 5/20/24 deadline for the filing of an updated status report on discovery and settlement discussions 81 shall stand. A telephone status hearing is set for 5/23/24 at 10:00 a.m. The call-in number for the status hearing is 650-479-3207 and the access code is 180 946 2499#. Press # to bypass the Attendee ID number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (ber, ) (Entered: 04/08/2024)

MOTION by Defendant State Farm Fire & Casualty Company for protective order Presented before Magistrate Judge (Hemeryck, Sondra) (Entered: 04/10/2024)

MEMORANDUM by State Farm Fire & Casualty Company in support of motion for protective order 84 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Hemeryck, Sondra) (Entered: 04/10/2024)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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11 Exhibit 11

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MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court sets the following briefing schedule on Defendant's Motion for Protective Order 84 : Plaintiffs' response is due 4/25/24; and Defendant's reply is due 5/6/24. The third-party subpoenas that Plaintiffs have served on Crawford & Company, Duck Creek Technologies Inc., Eberl Claims Service LLC, E.A. Renfroe & Company, Inc., Salesforce Inc., Symbility Solutions Corp., and Verisk Analytics, Inc. are temporarily stayed pending ruling on Defendant's Motion for Protective Order 84 . The third-party subpoena recipients need not respond to the subpoenas until further order of the Court, and Plaintiffs shall provide Crawford & Company, Duck Creek Technologies Inc., Eberl Claims Service LLC, E.A. Renfroe & Company, Inc., Salesforce Inc., Symbility Solutions Corp., and Verisk Analytics, Inc. with a copy of this Order by 4:00 pm on 4/12/24. Mailed notice (ber, ) (Entered: 04/11/2024)

SEALED RESPONSE In Opposition to Motion for Protective Order (Attachments: # 1 Exhibit A, # 2 Exhibit E)(Tracey, David) (Entered: 04/25/2024)

RESPONSE by Jacqueline Huskey, Riian Wynnin Opposition to MOTION by Defendant State Farm Fire & Casualty Company for protective order Presented before Magistrate Judge 84 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Tracey, David) (Entered: 04/25/2024)

MOTION by Plaintiffs Jacqueline Huskey, Riian Wynn to seal document sealed response 87 and Exhibits to Motion for Protective Order Presented before Magistrate Judge (Tracey, David) (Entered: 04/25/2024)

MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiffs' Motion for Leave to File Redacted Documents 89 is granted. Plaintiffs are given leave to file their Memorandum of Law in Opposition to Defendants' Motion for Protective Order (Dkt.84), and certain documents in support under seal. Mailed notice (ber, ) (Entered: 04/26/2024)

MOTION by Defendant State Farm Fire & Casualty Company to seal Portions of its Reply in Support of its Motion for Protective Order (Unopposed) Presented before Magistrate Judge (Hemeryck, Sondra) (Entered: 05/06/2024)

SEALED REPLY by State Farm Fire & Casualty Company to MOTION by Defendant State Farm Fire & Casualty Company for protective order Presented before Magistrate Judge 84 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit F)(Hemeryck, Sondra) (Entered: 05/06/2024)

REPLY by Defendant State Farm Fire & Casualty Company to motion for protective order 84 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hemeryck, Sondra) (Entered: 05/06/2024)

STATUS Report Joint Status Report by Jacqueline Huskey, Riian Wynn Presented before Magistrate Judge (Tracey, David) (Entered: 05/20/2024)

MINUTE entry before the Honorable Jeffrey I Cummings: In light of the ongoing proceedings before Magistrate Judge Gilbert, the 5/31/24 tracking status hearing is stricken and re-set to 7/22/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) (Entered: 05/22/2024)

MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant's Unopposed Motion for to File Under Seal Portions of its Reply in Support of its Motion for Protective Order 91 is granted. Mailed notice (ber, ) (Entered: 05/22/2024)

MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 5/23/24. The Court reviewed the parties' Joint Status Report 94 . The Court modifies the order of 3/5/24 81 as follows: By 6/6/24 the parties either shall agree on Rule 30(b)(6) deposition topics or, if they have not done so, then on that date they file a joint motion to resolve the parties' disputes in that regard. The joint motion also shall identify any Rule 30(b)(6) topics to which the parties have agreed. If the parties have not agreed by 6/6/24 on Rule 30(b)(6) topics, then they shall set a date or dates for the Rule 30(b)(6) deposition(s) within 10 days of a ruling on the joint motion to resolve any disputes with respect to deposition topics. The 8/9/24 deadline for completion of Rule 30(b)(6) depositions shall stand. By 6/6/24, the parties also shall file a status report on the status of the parties' further discussions on third-party subpoenas and Defendant's Motion for Protective Order 84. Defendant is given leave to file Exhibit [85-8] to its Motion 84 under seal. Mailed notice (ber, ) (Entered: 05/23/2024)

SEALED DOCUMENT by Defendant State Farm Fire & Casualty Company Exhibit 85-8 (Hemeryck, Sondra) (Entered: 05/23/2024)