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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

LEXICON INC v. ACE AMERICAN INSURANCE COMPANY et al Docket

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

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APPEAL, CLOSED, HDY, PROTO
U.S. District Court Eastern District of Arkansas (Little Rock) CIVIL DOCKET FOR CASE #: 4:09−cv−00067−JLH Internal Use Only
Lexicon Inc v. Ace American Insurance Company et al Assigned to: Chief Judge J. Leon Holmes Demand: $5,000,000 Cause: 28:1332 Diversity−Insurance Contract Plaintiff Lexicon Inc represented by John C. Calhoun , Jr. Hilburn, Calhoon, Harper, Pruniski &Calhoun, Ltd. Post Office Box 5551 North Little Rock , AR 72119−5551 501−372−0110 Email: jcalhoun@hilburnlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Patrick J. Wielinski Cokinos, Bosien &Young − Arlington 2221 East Lamar Boulevard Suite 750 Arlington , TX 76006 817−635−3600 Fax: 817−635−3633 Email: pwielinski@cbylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed: 02/02/2009 Date Terminated: 01/07/2010 Jury Demand: None Nature of Suit: 110 Insurance Jurisdiction: Diversity
V. Defendant Ace American Insurance Company represented by Charles J. Jesuit , Jr. Cozen &O'Connor − Philadelphia The Atrium 1900 Market Street Philadelphia , PA 19103 215−665−2000 Email: cjesuit@cozen.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard C. Mason Cozen &O'Connor − Philadelphia
Appellate Case: 10-1100 Page: 1
Recd Jan 14 2010 1 Date Filed: 01/15/2010 Entry ID: 3624774
The Atrium 1900 Market Street Philadelphia , PA 19103 215−665−2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Terri L. Ackerman Cozen &O'Connor − Philadelphia The Atrium 1900 Market Street Philadelphia , PA 19103 215−665−2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott J. Lancaster Wilcox Parker Hurst Lancaster &Lacy − Maumelle 123 Audubon Drive Suite 500 Maumelle , AR 72113 501−851−0040 Fax: 870−931−3102 Email: slancaster@wphll.com ATTORNEY TO BE NOTICED Defendant National Union Fire Insurance Company of Pittsburgh PA represented by Ellen Van Meir Thompson, Coe, Cousins &Irons, L.L.P. 700 North Pearl Street Suite 2500 Dallas , TX 75201−2832 214−871−8200 Email: evanmeir@thompsoncoe.com LEAD ATTORNEY ATTORNEY TO BE NOTICED James A. Arnold , II Ledbetter, Cogbill, Arnold and Harrison, LLP Post Office Box 185 Fort Smith , AR 72902−0185 (479) 782−7294 Email: jaa@lcahlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Mariah Baker Quiroz Thompson, Coe, Cousins &Irons, L.L.P. 700 North Pearl Street Suite 2500
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Recd Jan 14 2010 2 Date Filed: 01/15/2010 Entry ID: 3624774
Dallas , TX 75201−2832 214−871−8200 Email: mquiroz@thompsoncoe.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Claimant National Union Fire Insurance Company of Pittsburgh PA represented by Ellen Van Meir (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James A. Arnold , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mariah Baker Quiroz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
V. Counter Defendant Lexicon Inc represented by John C. Calhoun , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Patrick J. Wielinski (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed 02/02/2009
# 1
Page Docket Text COMPLAINT against Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh PA (Filing fee $350.00, LIT015415), filed by Lexicon Inc, summons issued and given to attorney (jap) (Entered: 02/02/2009) MOTION for Admission pro hac vice by Lexicon Inc (jap) (Entered: 02/02/2009) MEMO TO FILE re service of complaint 1 filed by Lexicon Inc (jap) (Entered: 02/02/2009) Corporate Disclosure Statement (Rule 7.1) by Lexicon Inc (jap) (Entered: 02/02/2009)
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Recd Jan 14 2010 3 Date Filed: 01/15/2010 Entry ID: 3624774
ORDER granting 2 Motion of Patrick J. Wielinski to appear pro hac vice for Lexicon Inc. Signed by Chief Judge J. Leon Holmes on 2/5/09. (vjt) (Entered: 02/06/2009) 02/06/2009 7 AFFIDAVIT of Service of Summons, Notice, Complaint, filed by Lexicon Inc. Ace American Insurance Company served on 2/3/2009. (Calhoun, John) (Entered: 02/06/2009) AFFIDAVIT of Service of Summons, Notice, Complaint, filed by Lexicon Inc. National Union Fire Insurance Company of Pittsburgh PA served on 2/3/2009. (Calhoun, John) (Entered: 02/06/2009) NOTICE of Appearance by James A. Arnold, II on behalf of National Union Fire Insurance Company of Pittsburgh PA (Arnold, James) (Entered: 02/23/2009) ANSWER to 1 Complaint by National Union Fire Insurance Company of Pittsburgh PA.(Arnold, James) (Entered: 02/23/2009) MOTION for Leave to Appear Pro Hac Vice by National Union Fire Insurance Company of Pittsburgh PA (Attachments: # 1 Affidavit of Ellen Van Meir)(Arnold, James) (Entered: 02/26/2009) MOTION for Leave to Appear Pro Hac Vice by National Union Fire Insurance Company of Pittsburgh PA (Attachments: # 1 Affidavit of Mariah Baker Quiroz)(Arnold, James) (Entered: 02/26/2009) ORDER granting 11 Motion of Ellen Van Meir to Appear pro hac vice on behalf of Deft National Union Fire Insurance Company of Pittsburgh, PA. Signed by Chief Judge J. Leon Holmes on 2/27/09. (vjt) (Entered: 02/27/2009) ORDER granting 12 Motion of Mariah Baker Quiroz to Appear pro hac vice on behalf of Deft National Union Fire Insurance Company of Pittsburgh, PA. Signed by Chief Judge J. Leon Holmes on 2/27/09. (vjt) (Entered: 02/27/2009) INITIAL SCHEDULING ORDER (DOC): Rule 26(f) Conference to occur by 5/4/2009; Rule 26(f) Report due by 5/18/2009; proposed bench trial date the week of 1/19/2010 in Little Rock. (cdw) (Entered: 03/04/2009) NOTICE of Appearance by Ellen Van Meir on behalf of National Union Fire Insurance Company of Pittsburgh PA (Van Meir, Ellen) (Entered: 03/05/2009) NOTICE of Appearance by Mariah Baker Quiroz on behalf of National Union Fire Insurance Company of Pittsburgh PA (Quiroz, Mariah) (Entered: 03/05/2009) NOTICE of Appearance by Scott J. Lancaster on behalf of Ace American Insurance Company (Lancaster, Scott) (Entered: 03/06/2009) First MOTION for Leave to Appear pro hac vice Terri L. Ackerman by Ace American Insurance Company (Lancaster, Scott) (Entered: 03/10/2009) Second MOTION for Leave to Appear pro hac vice Charles J. Jesuit, Jr. by Ace American Insurance Company (Lancaster, Scott) (Entered: 03/10/2009) Third MOTION for Leave to Appear Pro Hac Vice Richard C. Mason by Ace American Insurance Company (Lancaster, Scott) (Entered: 03/10/2009)
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Recd Jan 14 2010 4 Date Filed: 01/15/2010 Entry ID: 3624774
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ORDER granting 23 Motion for Leave to Appear pro hac vice for Richard C. Mason to appear for Ace American Insurance Company. Signed by Chief Judge J. Leon Holmes on 3/11/09. (bkp) (Entered: 03/11/2009) ORDER granting 21 Motion for Leave to Appear pro hac vice for Terri L. Ackerman to appear for Ace American Insurance Company. Signed by Chief Judge J. Leon Holmes on 3/11/09. (bkp) (Entered: 03/11/2009) ORDER granting 22 Motion for Leave to Appear pro hac vice for Charles J. Jesuit, Jr. to appear for Ace American Insurance Company. Signed by Chief Judge J. Leon Holmes on 3/11/09. (bkp) (Entered: 03/11/2009) ANSWER to 1 Complaint by Ace American Insurance Company.(Lancaster, Scott) (Entered: 03/12/2009) Corporate Disclosure Statement (Rule 7.1) by Ace American Insurance Company (Lancaster, Scott) (Entered: 03/12/2009) COUNTERCLAIM for Declaratory Judgment against Lexicon Inc, filed by National Union Fire Insurance Company of Pittsburgh PA(Van Meir, Ellen) (Entered: 03/12/2009) ANSWER to 30 Counterclaim For Declaratory Judgment by Lexicon Inc.(Wielinski, Patrick) (Entered: 04/03/2009) NOTICE by National Union Fire Insurance Company of Pittsburgh PA of Initial Disclosures (Van Meir, Ellen) (Entered: 05/13/2009) NOTICE by Lexicon Inc INITIAL DISCLOSURES (Wielinski, Patrick) (Entered: 05/13/2009) REPORT of Rule 26(f) Planning Meeting by Ace American Insurance Company. (Jesuit, Charles) (Entered: 05/14/2009) NOTICE by Ace American Insurance Company of Service of Initial Disclosures (Jesuit, Charles) (Entered: 05/14/2009) FINAL SCHEDULING ORDER (DOC): Bench Trial set for the week of 4/5/2010 at 9:15 AM in Little Rock, Courtroom #4D before Chief Judge J. Leon Holmes; Discovery due by 1/21/2010; Pretrial Disclosure Sheet due by 3/16/2010; Status Report due by 2/4/2010. (cdw) (Entered: 06/23/2009) NOTICE by National Union Fire Insurance Company of Pittsburgh PA of counsel's vacation schedule (Van Meir, Ellen) (Entered: 06/24/2009) MOTION for Summary Judgment by National Union Fire Insurance Company of Pittsburgh PA (Attachments: # 1 Exhibit (pt. 1 of NU policy), # 2 Exhibit (pt. 2 of NU policy), # 3 Exhibit 2 (pt. 1 of LM policy), # 4 Exhibit (pt. 2 of LM policy))(Quiroz, Mariah) (Entered: 07/08/2009) STATEMENT OF FACTS (Local Rule 56.1) re 39 Motion for Summary Judgment, filed by National Union Fire Insurance Company of Pittsburgh PA. (Quiroz, Mariah) (Entered: 07/08/2009) BRIEF IN SUPPORT filed by National Union Fire Insurance Company of Pittsburgh PA re 39 Motion for Summary Judgment, (Quiroz, Mariah) (Entered: 07/08/2009)
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MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Summary Judgment by Lexicon Inc (Calhoun, John) (Entered: 07/17/2009) ORDER granting 42 Motion for Extension of Time to File Response/Reply re 39 MOTION for Summary Judgment. Replies due by 8/6/2009. Signed by Chief Judge J. Leon Holmes on 7/17/09. (bkp) (Entered: 07/17/2009) RESPONSE to Motion re 39 MOTION for Summary Judgment {Response of Lexicon, Inc. to Defendant's Motion for Summary Judgment} filed by Lexicon Inc. (Attachments: # 1 Affidavit of Dianne Cowan, # 2 Affidavit of Dianne Cowan − Ex. 1, Part 1, # 3 Dianne Cowan Affidavit, Ex. 1, Part 2, # 4 Dianne Cowan Affidavit, Exs. 2 − 12, # 5 Jeff Weatherly Affidavit, # 6 Pat Wielinski Affidavit)(Calhoun, John) (Entered: 08/06/2009) STATEMENT OF FACTS (Local Rule 56.1) re 40 Statement of Facts (Local Rule 56.1) {Response of Lexicon, Inc. to Defendant's Statement of Undisputed Material Facts} filed by Lexicon Inc. (Calhoun, John) (Entered: 08/06/2009) BRIEF IN SUPPORT filed by Lexicon Inc re 45 Response to Motion, {Brief of Lexicon, Inc. in Support of Response to Defendant's Motion for Summary Judgment} (Calhoun, John) (Entered: 08/06/2009) MOTION for Protective Order by Ace American Insurance Company (Jesuit, Charles) (Entered: 08/07/2009) Unopposed MOTION for Issuance of Letters Rogatory by Ace American Insurance Company (Jesuit, Charles) (Entered: 08/07/2009) BRIEF IN SUPPORT filed by Ace American Insurance Company re 49 Motion for Issuance of Letters Rogatory (Jesuit, Charles) (Entered: 08/07/2009) REPLY to Response to Motion re 39 MOTION for Summary Judgment filed by Ace American Insurance Company. (Jesuit, Charles) (Additional attachment(s) added on 8/13/2009: ) # 1 Main Document − Correct) (thd). (Entered: 08/12/2009) BRIEF IN SUPPORT filed by Ace American Insurance Company re 51 Reply to Response to Motion for Summary Judgment (Attachments: # 1 Affidavit Affidavit of Richard C. Mason)(Jesuit, Charles) (Additional attachment(s) added on 8/13/2009: # 3 Main Document − Correct; the docket text was modified to indicate the proposed order was filed as an attachment in error.) (thd). (Entered: 08/12/2009) REPLY to Response to Motion re 39 MOTION for Summary Judgment filed by National Union Fire Insurance Company of Pittsburgh PA. (Quiroz, Mariah) (Entered: 08/12/2009) BRIEF IN SUPPORT filed by National Union Fire Insurance Company of Pittsburgh PA re 53 Reply to Response to Motion (Quiroz, Mariah) (Entered: 08/12/2009) NOTICE OF DOCKET CORRECTION re: 51 Reply to Response to Motion for Summary Judgment and 52 Brief in Support. CORRECTION: The original documents were submitted in error; the correct documents were added to docket entries 51 and 52 respectively based on the attached requests and pursuant to instructions from Chambers. Also, the docket text for docket entry 52 was
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modified to indicate the proposed order was filed as an attachment to the entry in error. (thd) (Entered: 08/13/2009) 08/17/2009 56 ORDER granting Ace American's 49 Motion for Issuance of International Letter of Request; (Attachments: #(1) International Letter of Request). Signed by Chief Judge J. Leon Holmes on 8/17/09. (vjt) (Entered: 08/17/2009) MOTION for Leave to File Responsive Pleadings by Lexicon Inc (Attachments: # 1 Exhibits)(Calhoun, John) (Entered: 08/19/2009) ORDER granting 58 Lexicon Inc.'s Motion for Leave to File response to objections and brief in support within five days of this order. Signed by Chief Judge J. Leon Holmes on 8/20/09. (bkp) (Entered: 08/20/2009) RESPONSE to Motion re 39 MOTION for Summary Judgment {Response to Objections of Defendant National Union Fire Insurance Company of Pittsburgh, PA} filed by Lexicon Inc. (Calhoun, John) (Entered: 08/20/2009) BRIEF IN SUPPORT filed by Lexicon Inc re 61 Response to Motion {Brief of Lexicon, Inc. in Support of Response to Objections of Defendant National Union Fire Insurance Company of Pittsburgh, PA} (Calhoun, John) (Entered: 08/20/2009) RESPONSE to Motion re 39 MOTION for Summary Judgment {Response to Defendant ACE American Insurance Company's Reply to Plaintiff's Response to Motion for Summary Judgment of National Union Fire Insurance Company of Pittsburgh, PA} filed by Lexicon Inc. (Calhoun, John) (Entered: 08/20/2009) BRIEF IN SUPPORT filed by Lexicon Inc re 63 Response to Motion, {Brief of Lexicon, Inc. in Support of Response to Defendant ACE American Insurance Company's Reply to Plaintiff's Response to Motion for Summary Judgment of National Union Fire Insurance Company of Pittsburgh, PA} (Calhoun, John) (Entered: 08/20/2009) STIPULATED PROTECTIVE ORDER regarding confidential information. Signed by Chief Judge J. Leon Holmes on 8/26/09. (vjt) (Entered: 08/27/2009) ORDER deferring ruling on National Union's 39 Motion for Summary Judgment; in order to provide all parties sufficient time to complete discovery on and brief the issue of the scope of Ace American's policy, the Court will grant Ace American an additional 60 days from the entry of this Order to file a brief on that issue. Signed by Chief Judge J. Leon Holmes on 9/10/09. (vjt) (Entered: 09/10/2009) MOTION to Intervene by Regions Insurance Group Inc. (vjt) (Entered: 09/22/2009) NOTICE OF APPEARANCE by Rick T. Beard, III for Regions Insurance Group Inc. (vjt) (Entered: 09/22/2009) RESPONSE in Opposition re 69 MOTION to Intervene filed by National Union Fire Insurance Company of Pittsburgh PA. (Quiroz, Mariah) (Entered: 10/02/2009) REPLY to Response to Motion re 69 MOTION to Intervene filed by Regions Insurance Group Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C,
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# 4 Exhibit D)(Beard, Rick) (Entered: 10/08/2009) 10/09/2009 73 REPLY to Response to Motion re 69 MOTION to Intervene {Reply of Lexicon, Inc. to National Union's Response to Motion to Intervene of Regions Insurance Group, Inc.} filed by Lexicon Inc. (Calhoun, John) (Entered: 10/09/2009) REPLY to Response to Motion re 69 MOTION to Intervene (Sur−Reply) filed by National Union Fire Insurance Company of Pittsburgh PA. (Quiroz, Mariah) (Entered: 10/09/2009) MOTION for Summary Judgment by Ace American Insurance Company (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, # 12 Exhibit 12)(Jesuit, Charles) (Entered: 10/20/2009) STATEMENT OF FACTS (Local Rule 56.1) re 75 Motion for Summary Judgment, filed by Ace American Insurance Company. (Jesuit, Charles) (Entered: 10/20/2009) BRIEF IN SUPPORT filed by Ace American Insurance Company re 75 Motion for Summary Judgment, (Jesuit, Charles) (Entered: 10/20/2009) MOTION for Extension of Time to File Response/Reply as to 75 MOTION for Summary Judgment by Lexicon Inc (Calhoun, John) (Entered: 10/27/2009) ORDER granting pltf's 78 Motion for Extension of Time until 11/25/09 to respond to 75 Motion for Summary Judgment, and the time for ACE to file its reply will be extended to 12/8/09. Signed by Chief Judge J. Leon Holmes on 10/27/09. (vjt) (Entered: 10/28/2009) MOTION for Leave to File First Amended Complaint by Lexicon Inc (Attachments: # 1 Exhibit)(Calhoun, John) (Entered: 11/02/2009) RESPONSE in Opposition re 81 MOTION for Leave to File First Amended Complaint filed by Ace American Insurance Company. (Jesuit, Charles) (Entered: 11/11/2009) Docket Note: re 56 Order on Motion for Issuance of Letters Rogatory, a certified copy of document 56−2 REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (INTERNATIONAL LETTER OF REQUEST) was forwarded to Richard C. Mason, Cozen O'Connor, 1900 Market Street, Philadelphia, PA 19103 by certified mail #70060100000207594427 per instructions from Chambers on this date. (vjt) (Entered: 11/16/2009) 83 REPLY to Response to Motion re 81 MOTION for Leave to File First Amended Complaint {Reply of Lexicon, Inc. to Brief in Opposition to Plaintiff Lexicon, Inc.'s Motion for Leave to Amend} filed by Lexicon Inc. (Attachments: # 1 Exhibits)(Calhoun, John) (Entered: 11/19/2009) RESPONSE in Opposition re 75 MOTION for Summary Judgment {Response of Lexicon, Inc. to Motion for Summary Judgment of ACE American Insurance Company} filed by Lexicon Inc. (Calhoun, John) (Entered: 11/25/2009) RESPONSE re 76 Statement of Facts (Local Rule 56.1) {Response of Lexicon, Inc. to Defendant ACE American Insurance Company's Statement of Undisputed Material Facts} by Lexicon Inc (Attachments: # 1 Exhibit Index and
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Exhibits)(Calhoun, John) (Entered: 11/25/2009) 11/25/2009 86 MOTION for Summary Judgment {Motion of Lexicon, Inc. for Partial Summary Judgment Against ACE American Insurance Company} by Lexicon Inc (Calhoun, John) (Entered: 11/25/2009) STATEMENT OF FACTS (Local Rule 56.1) re 86 Motion for Summary Judgment {Statement of Undisputed Facts in Support of Lexicon, Inc.'s Motion for Partial Summary Judgment} filed by Lexicon Inc. (Calhoun, John) (Entered: 11/25/2009) BRIEF IN SUPPORT filed by Lexicon Inc re 75 Motion for Summary Judgment, 86 Motion for Summary Judgment {Brief of Lexicon, Inc. in Support of Motion for Partial Summary Judgment and in Opposition to ACE American Insurance Company's Motion for Summary Judgment} (Calhoun, John) (Entered: 11/25/2009) SUPPLEMENTAL AFFIDAVIT of Jeff D. Weatherly in Support of 86 Motion of Lexicon, Inc. for Partial Summary Judgment against ACE American Insurance Company and Response of Lexicon, Inc. to Motion for Summary Judgment of ACE American Insurance by Lexicon Inc. (jap) (The docket text was modified on 12/4/2009 to show the linkage to 86 Motion.) (mkf) (Entered: 11/25/2009) MOTION for Extension of Time to File Response/Reply by Ace American Insurance Company (Jesuit, Charles) (Entered: 12/03/2009) ORDER granting Ace American's 90 Motion for Extension of Time until 12/11/09 to file its response to Pltf's 86 Motion for Partial Summary Judgment. Signed by Chief Judge J. Leon Holmes on 12/4/09. (vjt) (Entered: 12/04/2009) REPLY to Response to Motion re 75 MOTION for Summary Judgment filed by Ace American Insurance Company. (Attachments: # 1 Exhibit Jeff Weatherly deposition transcript excerpts)(Jesuit, Charles) (Entered: 12/08/2009) RESPONSE re 87 Statement of Facts (Local Rule 56.1) by National Union Fire Insurance Company of Pittsburgh PA (Attachments: # 1 Exhibit Weatherly excerpts)(Quiroz, Mariah) (Entered: 12/10/2009) RESPONSE in Opposition to Plaintiff's Motion for Partial Summary Judgment filed by National Union Fire Insurance Company of Pittsburgh PA. (Quiroz, Mariah) (Entered: 12/10/2009) BRIEF IN OPPOSITION filed by National Union Fire Insurance Company of Pittsburgh PA re 86 Motion for Summary Judgment, 95 Response in Opposition to Motion for Partial Summary Judgment of Plaintiff (Quiroz, Mariah) (Entered: 12/10/2009) RESPONSE in Opposition TO LEXICON MOTION FOR PARTIAL SUMMARY JUDGMENT WITH EXHIBITS filed by Ace American Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit AFFIDAVIT OF MICHAEL LAMBERTUS, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Jesuit, Charles) (Entered: 12/11/2009) STATEMENT OF FACTS (Local Rule 56.1) re 87 Statement of Facts (Local Rule 56.1) RESPONSE TO LEXICON'S STATEMENT OF UNDISPUTED
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FACTS filed by Ace American Insurance Company. (Jesuit, Charles) (Entered: 12/11/2009) 12/11/2009 99 BRIEF IN OPPOSITION filed by Ace American Insurance Company re 97 Response in Opposition to Motion, 86 Motion for Summary Judgment (Jesuit, Charles) (Entered: 12/11/2009) REPLY to Response to Motion {Brief of Lexicon, Inc. in Reply to Responses of ACE American Insurance Company and National Union Fire Insurance Company of Pittsburgh, PA to Lexicon's Motion for Partial Summary Judgment} filed by Lexicon Inc. (Attachments: # 1 Exhibits 1 − 23, # 2 Exhibits 24 − 45, # 3 Exhibits 46 − 51)(Calhoun, John) (Entered: 12/18/2009) Unopposed MOTION to Extend Time Case Deadlines by Ace American Insurance Company (Attachments: # 1 Affidavit Richard C. Mason)(Jesuit, Charles) (Entered: 12/22/2009) MOTION for Summary Judgment {Motion of Lexicon, Inc. for Partial Summary Judgment Against National Union Fire Insurance Company of Pittsburgh, PA} by Lexicon Inc (Calhoun, John) (Entered: 12/23/2009) STATEMENT OF FACTS (Local Rule 56.1) re 102 Motion for Summary Judgment {Statement of Undisputed Facts in Support of Lexicon, Inc.'s Motion for Partial Summary Judgment Against National Union Fire Insurance Company of Pittsburgh, PA} filed by Lexicon Inc. (Calhoun, John) (Entered: 12/23/2009) BRIEF IN SUPPORT filed by Lexicon Inc re 102 Motion for Summary Judgment (Calhoun, John) (Entered: 12/23/2009) ORDER granting 101 Motion to Extend Certain Discovery and Deadlines; discovery ddl is extended until February 25, 2010; all motions, except motions in limine, must be filed on or before March 11, 2010 ; status reports will also be due by March 11, 2010; all other ddls remain as previously set forth in the Final Scheduling Order entered on June 23, 2009. Signed by Chief Judge J. Leon Holmes on 12/23/09. (mkf) (Entered: 12/23/2009) MOTION for Extension of Time to File Response/Reply to Lexicon's Motion for Partial Summary Judgment by National Union Fire Insurance Company of Pittsburgh PA (Arnold, James) (Entered: 12/23/2009) ORDER granting National Union's 107 Motion for Extension of Time until 1/15/10 to respond to Pltf's 102 Motion for Partial Summary Judgment. Signed by Chief Judge J. Leon Holmes on 12/28/09. (vjt) (Entered: 12/28/2009) OPINION AND ORDER denying 69 Regions's Motion to Intervene; granting 81 Lexicon's Motion for leave to file a first amended complaint; Lexicon must file its amended complaint within 5 days of the entry of this order. Signed by Chief Judge J. Leon Holmes on 12/31/2009.(thd) (Entered: 12/31/2009) AMENDED COMPLAINT {First Amended Complaint} against Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh PA, filed by Lexicon Inc(Calhoun, John) (Entered: 01/04/2010) 12 OPINION AND ORDER that Ace's motion for summary judgment 75 and National Union's 39 motion for summary judgment are GRANTED; Lexicon's
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motions for summary judgment 86 102 are both DENIED; Lexicon's claims against Ace and National Union are dismissed with prejudice; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 1/7/10. (vjt) (Entered: 01/07/2010) 01/07/2010 114 25 JUDGMENT pursuant to 113 Opinion and Order entered this date, judgment is hereby entered in favor of Ace American Insurance Company and National Union Fire Insurance Company of Pittsburgh PA on the claims of Lexicon Inc, dismissing this action with prejudice. Signed by Chief Judge J. Leon Holmes on 1/7/10. (vjt) (Entered: 01/07/2010) 26 NOTICE OF APPEAL by Lexicon Inc re 114 Judgment. (Attachments: # 1 Exhibit Eighth Circuit Form A)(Calhoun, John) (Docket entry modified on 1/13/2010 to establish linkage.) (thd) (Entered: 01/13/2010) NOTICE OF DOCKET CORRECTION re: 116 Notice of Appeal. CORRECTION: The docket entry was modified to establish linkage to 114 Judgment. (thd) (Entered: 01/13/2010) 117 118 USCA Appeal Fees received $ 455 receipt number LIT020844 re 116 Notice of Appeal filed by Lexicon Inc (dac) (Entered: 01/14/2010) 31 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 116 Notice of Appeal, 113 Memorandum &Opinion 114 Judgment. (dac) (Entered: 01/14/2010)
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Recd Jan 14 2010 11 Date Filed: 01/15/2010 Entry ID: 3624774

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