Court filing
Motion to Dismiss — Big Onion v. Society Insurance
Summary
A notice of supplemental authority filed by defendant Society Insurance in In re: Society Insurance Company COVID-19 Business Interruption Protection Insurance Litigation, MDL No. 2964, Master Docket No. 1:20-cv-05965, in the U.S. District Court for the Northern District of Illinois, Eastern Division, dated October 19, 2020. The caption lists eighteen member actions against Society Insurance to which the document relates, each with its own case number. The notice states that the defendant has filed dispositive motions in those cases and submits four recent decisions in support of them. It attaches as Exhibits A through D orders and hearing transcripts granting motions to dismiss issued on September 2, 2020, September 10, 2020, September 29, 2020 and October 2, 2020 in other insurance coverage cases. The filing is three pages.
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Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS,
EASTERN DIVISION
IN RE: SOCIETY INSURANCE COMPANY )
COVID-19 BUSINESS INTERRUPTION ) MDL No. 2964
PROTECTION INSURANCE LITIGATION )
_________________________________________ ) Master Docket No. 1:20-cv-05965
This document relates to: )
) Hon. Edmond Chang
351 Kingsbury Corner, LLC v. Society Insurance, )
No. 1:20-CV-02589 )
Big Onion Tavern Group, LLC, et al. v. Society )
Insurance, No. 1:20-CV-02005 )
Billy Goat Tavern I, Inc., et al. v. Society )
Insurance Inc., No. 1:20-CV-02068 )
Biscuit Café, Inc., et al. v. Society Insurance, Inc. )
No. 1:20-CV-02514 )
Dunlay’s Management Services, LLC, et al. v. )
Society Insurance, No. 1:20-CV-02524 )
JDS 1455, Inc. v. Society Insurance, )
No. 1:20-CV-02546 )
Roscoe Same, LLC, et al. v. Society Insurance, )
No. 1:20-CV-02641 )
Kedzie Blvd. Café, inc., et al. v. Society Insurance, )
Inc., No. 1:20-CV-2692 )
Valley Lodge Corp. v. Society Insurance, )
No. 1:20-CV-02813 )
The Barn Investment, LLC v. Society Insurance, )
No. 1:20-CV-03142 )
Purple Pig Cheese Bar & Pork Store, LLC v. )
Society Insurance, No. 1:20-CV-03164 )
Ciao Baby on Main, LLC v. Society Insurance, )
No. 1:20-CV-03251 )
Cardelli Enterprise LLC v. Society Insurance, )
No. 1:20-CV-03263 )
726 West Grand LLC, et al. v. Society Insurance, )
No. 1:20-CV-03432 )
Deerfield Italian Kitchen Inc. v. Society Insurance, )
Inc., No. 1:20-CV-03896 )
The Whistler, LLC, et al. v. Society Insurance, )
No. 1:20-CV-03959 )
Riverside Enterprises, LLC v. Society Insurance, )
No. 1:20-CV-04178 )
Royalty Banquet Hall Inc. v. Society Insurance, )
No. 1:20-CV-04477 )
1
NOTICE OF SUPPLEMENTAL AUTHORITY
NOW COMES, Defendant, SOCIETY INSURANCE, by and through its attorneys,
Thomas B. Underwood, Michael D. Sanders, Michelle A. Miner, and Amy E. Frantz of Purcell
& Wardorope, Chtd., and for its Notice of Supplemental Authority in support of its pending
dispositive motions, states as follows:
1. Defendant has filed dispositive motions in the above-listed cases.
2. On September 2, 2020, Judge Stephen V. Wilson of the United States District
Court for the Central District of California issued the attached ruling granting Defendant’s
Motion to Dismiss in 10 E, LLC v. Travelers Indemnity Co. of Conn., et al., 2:20-CV-4418-
SVW-AS (September 2, 2020). (Order attached as Exhibit A)
3. On September 10, 2020, Judge George H. Wu of the United States District Court
for the Central District of California issued the attached ruling and order granting Defendant’s
Motion to Dismiss in Plan Check Downtown III, LLC v. AmGuard Insurance Co., et al., 20-CV-
6954-GW-SKx (September 10, 2020). (Hearing Transcript and Order, attached as Exhibit B)
4. On September 29, 2020, Judge Bryan S. Chapman in the Circuit Court of the 18th
Judicial Circuit, DuPage County, Illinois issued the attached ruling and order granting
Defendant’s Motion to Dismiss in It’s Nice, Inc. v. state Farm Fire and Casualty Co., Case No.
20-L-547 (September 29, 2020). (Hearing Transcript and Order, attached as Exhibit C)
5. October 2, 2020, Judge Andre Birrote, Jr. of the United States District Court for
the Central District of California issued the attached order granting Defendant’s Motion to
Dismiss in Mark’s Engine Company No. 28 Restaurant LLC v. Travelers Indemnity Co. of
Conn., 2:20-cv-4423-AB-SK (October 2, 2020). (Order attached as Exhibit D)
2
WHEREFORE, Defendant respectfully submits the attached supplemental authorities in
further support of its pending dispositive motions.
Date: October 19, 2020
Respectfully submitted,
Thomas B. Underwood
Michael D. Sanders Society Insurance
Michelle A. Miner
Amy E. Frantz
PURCELL & WARDROPE, CHTD.
By: /s/ Thomas B. Underwood
10 South LaSalle Street, Suite 1200 Counsel for Defendant
Chicago, IL 60603
(312) 427-3900
(312) 427-3944 (facsimile)
tbu@pw-law.com
msanders@pw-law.com
mminer@pw-law.com
afrantz@pw-law.com
3
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- gov.uscourts.ilnd.392081.22.0.pdf
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- a4eb097a57078636a2fb522befaff21d803a350baf49b16e9193d167d96a3d2e
- Original
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