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

PENFORD PRODUCTS CO. et al v. NATIONAL UNION FIRE INSURANCE CO. 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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U.S. District Court Northern District of Iowa (Cedar Rapids) CIVIL DOCKET FOR CASE #: 1:09-cv-00013-LRR
Penford Products Company, et al v. National Union Fire Insurance Company of Pittsburgh, P.A., et al Assigned to: Chief Judge Linda R Reade Referred to: Magistrate Judge Jon S Scoles Cause: 28:2201 Declaratory Judgement (Insurance) Plaintiff Penford Products Company represented by Christopher C French K & L Gates LLP K&L Gates Center 210 Sixth Avenue ***ECF Pittsburgh, PA 15222 412 355 6500 Fax: 9 412 355 6501 Email: chris.french@klgates.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Douglas J Simmons K&L Gates LLP K&L Gates Center 210 Sixth Avenue ***ECF Pittsburgh, PA 15222-2613 412 355 6500 Fax: 412 355 6501 Email: doug.simmons@klgates.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Jeffrey K McGinness Simmons, Perrine, Moyer & Bergman, PLC 115 3rd Street SE Suite 1200 Date Filed: 01/23/2009 Jury Demand: Both Nature of Suit: 110 Insurance Jurisdiction: Diversity
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**ECF Cedar Rapids, IA 52401 319 366 7641 Fax: 366 1917 Email: jmcginness@simmonsperrine.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Jeffrey A Vitek K & L Gates LLP Henry W Oliver Building 535 Smithfield Street Pittsburgh, PA 15222 412 355 6500 Fax: 412 355 6501 TERMINATED: 10/20/2009 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Neal R Brendel K & L Gates LLP K&L Gates Center 210 Sixth Avenue ***ECF Pittsburgh, PA 15222 412 355 6500 Fax: 412 355 6501 Email: neal.brendel@klgates.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Paul C Fuener K&L Gates, LLP K&L Gates Center 210 Sixth Avenue **ECF Pittsburgh, PA 15222-2613 412 366 6500 Fax: 355 6501 Email: klgateseservice@klgates.com LEAD ATTORNEY
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PRO HAC VICE ATTORNEY TO BE NOTICED Thomas M Reiter K & L Gates LLP K&L Gates Center 210 Sixth Avenue ***ECF Pittsburgh, PA 15222 412 355 6500 Fax: 412 355 6501 Email: thomas.reiter@klgates.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Stephen J Holtman Simmons Perrine PLC 115 Third Street SE Suite 1200 ECF Cedar Rapids, IA 52401-1266 319 366 7641 Fax: 366 1917 Email: sholtman@simmonsperrine.com ATTORNEY TO BE NOTICED Roger W Stone Simmons Perrine Albright Ellwood 115 Third Street SE Suite 1200 **ECF Cedar Rapids, IA 52401-1266 319 366 7641 Fax: 366 1917 Email: rstone@simmonsperrine.com ATTORNEY TO BE NOTICED Plaintiff Penford Corporation represented by Christopher C French (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
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Douglas J Simmons (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Jeffrey K McGinness (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Jeffrey A Vitek (See above for address) TERMINATED: 10/20/2009 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Neal R Brendel (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Paul C Fuener (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Thomas M Reiter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Stephen J Holtman (See above for address) ATTORNEY TO BE NOTICED Roger W Stone (See above for address) ATTORNEY TO BE NOTICED
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V. Defendant National Union Fire Insurance Company of Pittsburgh, P.A. represented by Brenda K Wallrichs Lederer Weston Craig PLC 118 Third Avenue S.E., Suite 700 P. O. Box 1927 **ECF Cedar Rapids, IA 52406-1927 319 365 1184 Fax: 365 1186 Email: bwallrichs@lwclawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory M Lederer Lederer Weston Craig PLC PO Box 1927 118 Third Avenue SE, Suite 700 **ECF Cedar Rapids, IA 52406 319-365-1184 Fax: 319-365-1186 Email: glederer@lwclawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED J Michael Weston Lederer, Weston & Craig, PLC 118 - 3rd Ave, SE, Ste. 700 PO Box 1927 **ECF Cedar Rapids, IA 52406-1927 319 365 1184 Fax: 365 1186 Email: mweston@lwclawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew Scott Ponzi Foran, Glennon, Palandech, Ponzi & Rudloff, PC 222 North LaSalle Street Suite 1400
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***ECF Chicago, IL 60601 312 863 5000 Fax: 312 863 5099 Email: mponzi@fgppr.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Thomas Berthold Orlando Foran Glennon Palandech Ponzi & Rudloff PC 222 North LaSalle Street Suite 1400 ***ECF Chicago, IL 60601 312 863 5000 Fax: 312 863 5099 Email: torlando@fgppr.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard A Buchanan Foran, Glennon, Palandech & Ponzi PC 222 North LaSalle Street Suite 1400 **ECF Chicago, IL 60601 312 863 5071 Fax: 863 5099 Email: rbuchanan@fgppr.com ATTORNEY TO BE NOTICED Defendant Ace American Insurance Company represented by Brenda K Wallrichs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory M Lederer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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J Michael Weston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew Scott Ponzi (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Thomas Berthold Orlando (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard A Buchanan (See above for address) ATTORNEY TO BE NOTICED
Date Filed 01/23/2009
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Docket Text
1 COMPLAINT With Jury Demand against National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company ( Filing fee $ 350 receipt number 08620000000000764711.), filed by Penford Products Company, Penford Corporation. Scheduling Report due by 6/5/2009 (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet) (Stone, Roger) Modified text on 1/26/2009 (ksy). (Entered: 01/23/2009) Chief Judge Linda R Reade and Magistrate Judge Jon S Scoles added. Conflicts reviewed, none found. IPM payment verified. (ksy) (Entered: 01/26/2009) 2 Summons Issued as to National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachments: # 1 New Case Packet) (ksy) (Entered: 01/26/2009) 4 MOTION for Leave to Appear Pro Hac Vice Jeffrey A. Vitek ( Pro Hac Vice Fee $ 75 receipt number 08620000000000770365) by Plaintiffs Penford Products Company, Penford Corporation (McGinness, Jeffrey) (Entered: 02/05/2009)
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5 MOTION for Leave to Appear Pro Hac Vice Thomas M. Reiter ( Pro Hac Vice Fee $ 75 receipt number 08620000000000770384) by Plaintiffs Penford Products Company, Penford Corporation (McGinness, Jeffrey) (Entered: 02/05/2009) 6 MOTION for Leave to Appear Pro Hac Vice Neal R. Brendel ( Pro Hac Vice Fee $ 75 receipt number 08620000000000770393) by Plaintiffs Penford Products Company, Penford Corporation (McGinness, Jeffrey) (Entered: 02/05/2009) 7 MOTION for Leave to Appear Pro Hac Vice Douglas J. Simmons ( Pro Hac Vice Fee $ 75 receipt number 08620000000000770401) by Plaintiffs Penford Products Company, Penford Corporation (McGinness, Jeffrey) (Entered: 02/05/2009) 8 ORDER granting 4 5 6 and 7 Motions for Leave to Appear Pro Hac Vice. Attorneys Jeffrey A. Vitek, Thomas M. Reiter, Neal R. Brendel, and Douglas J. Simmons authorized to appear on behalf of Plaintiffs. Signed by Magistrate Judge Jon S Scoles on 2/6/09. (Stigler, Karo) (Entered: 02/06/2009) 9 SUMMONS Returned Executed by Penford Products Company, Penford Corporation. Ace American Insurance Company served on 1/30/2009, answer due 2/19/2009. (McGinness, Jeffrey) (Entered: 02/09/2009) 10 SUMMONS Returned Executed by Penford Products Company, Penford Corporation. National Union Fire Insurance Company of Pittsburgh, P.A. served on 1/30/2009, answer due 2/19/2009. (McGinness, Jeffrey) (Entered: 02/09/2009) Set Deadlines: Defendant National Union Fire Insurance Company of Pittsburgh, PA and Defendant Ace American Insurance Company's LR 7.1 Disclosure Statements due by 3/1/2009. (ksy) (Entered: 02/10/2009) 11 MOTION for Leave to Appear Pro Hac Vice Jeffrey McGinness ( Pro Hac Vice Fee $ 75 receipt number 08620000000000772858) by Plaintiffs Penford Products Company, Penford Corporation (McGinness, Jeffrey) (Entered: 02/11/2009) 12 ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. Attorney Jeffrey K. McGinness authorized to appear on behalf of Plaintiffs. Signed by Magistrate Judge Jon S Scoles on 2/11/09. (Stigler, Karo) (Entered: 02/11/2009) 13 PURSUANT TO LOCAL RULE 7.1 Disclosure Statement by Penford Products Company, Penford Corporation (McGinness, Jeffrey) (Entered: 02/13/2009) 14 UNRESISTED MOTION for extension of time to move or plead by Defendants National Union Fire Insurance Company of Pittsburgh, P.A., Ace
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American Insurance Company (Weston, J) (Entered: 02/18/2009) 02/18/2009 15 ORDER granting 14 UNRESISTED Motion for Extension of Time to Move or Plead. Deadline extended to 3/11/2009. Signed by Magistrate Judge Jon S Scoles on 2/18/09. (Stigler, Karo) (Entered: 02/18/2009) Answer due from National Union Fire Insurance Company of Pittsburgh, P.A. on 3/11/2009; Ace American Insurance Company on 3/11/2009. (Stigler, Karo) (Entered: 02/18/2009) 16 MOTION for Leave to Appear Pro Hac Vice Matthew S. Ponzi ( Pro Hac Vice Fee $ 75 receipt number 08620000000000776301) by Defendant National Union Fire Insurance Company of Pittsburgh, P.A. (Attachments: # 1 ECF Registration Form - Ponzi) (Weston, J) (Entered: 02/19/2009) 17 MOTION for Leave to Appear Pro Hac Vice Thomas B. Orlando ( Pro Hac Vice Fee $ 75 receipt number 08620000000000776319) by Defendant National Union Fire Insurance Company of Pittsburgh, P.A. (Attachments: # 1 ECF Registration Form - Orlando) (Weston, J) (Entered: 02/19/2009) 18 ORDER granting 16 Motion for Leave to Appear Pro Hac Vice; granting 17 Motion for Leave to Appear Pro Hac Vice. Attorneys Matthew S. Ponzi and Thomas B. Orlando authorized to appear on behalf of Defendants. Signed by Magistrate Judge Jon S Scoles on 2/19/09. (Copy to non-ECF counsel) (Stigler, Karo) Modified on 2/19/2009 to indicate service. (pac) (Entered: 02/19/2009) 19 PURSUANT TO LOCAL RULE 7.1 Disclosure Statement by Ace American Insurance Company (Weston, J) (Entered: 03/09/2009) 20 PURSUANT TO LOCAL RULE 7.1 Disclosure Statement by National Union Fire Insurance Company of Pittsburgh, P.A. (Weston, J) (Entered: 03/09/2009) 21 MOTION for Extension of Time to File Answer (Unresisted) by Defendant National Union Fire Insurance Company of Pittsburgh, P.A. (Weston, J) (Entered: 03/11/2009) 22 Affirmative Defenses and ANSWER to 1 Complaint, by National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company. (Ponzi, Matthew) (Entered: 03/12/2009) 23 MOTION to Bifurcate/Sever and Stay (Oral Argument Requested) by Defendants National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company (Attachments: # 1 Brief in Support of Motion to Bifurcate and Stay, # 2 Affidavit of J. Michael Weston) (Weston, J) (Entered: 05/21/2009) 24 NOTICE by Penford Products Company, Penford Corporation Plaintiffs' Concise Statement Regarding Scheduling Order and Discovery Plan (McGinness, Jeffrey) (Entered: 05/26/2009)
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05/26/2009
25 NOTICE by National Union Fire Insurance Company of Pittsburgh, P.A. Defendants' Concise Statement Regarding Scheduling Order and Discovery Plan (Weston, J) (Entered: 05/26/2009) 26 SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures due date of 6/1/2009 but not filed with the court. Add Parties Deadline due by 7/27/2009. Amended Pleadings due by 7/27/2009. Plaintiffs Expert Witness due by 8/17/2009. Defendants Expert Witnesses due by 10/17/2009. Plaintiffs Rebuttal Experts due by 11/17/2009. Discovery due by 1/1/2010. Motions due by 2/1/2010. Trial Ready Deadline 6/1/2010. Signed by Magistrate Judge Jon S Scoles on 6/1/2009. (de) (Entered: 06/01/2009) 27 TRIAL MANAGEMENT ORDER: Witness and exhibit lists exchanged by parties (but not filed) at least 15 court days before FPTC. Exhibits marked. Jury Instructions 10 court days before FPTC. Motions in limine 10 court days before FPTC. Jury Trial set for 6/14/2010 09:00 AM in CR at Temporary Court Site 4200 C St SW before Chief Judge Linda R Reade. Final Pretrial Conference set for 5/20/2010 04:00 PM in CR at Temporary Court Site 4200 C St SW before Chief Judge Linda R Reade. Proposed Pretrial Order due by 5/18/2010. Signed by Chief Judge Linda R Reade on 6/4/2009. (de) (Entered: 06/04/2009) 28 BRIEF in Opposition re 23 MOTION to Bifurcate/Sever and Stay (Oral Argument Requested) MOTION to Bifurcate/Sever and Stay (Oral Argument Requested) filed by Penford Products Company, Penford Corporation. (McGinness, Jeffrey) (Entered: 06/04/2009) 29 REPLY to Response to Motion re 23 MOTION to Bifurcate/Sever and Stay (Oral Argument Requested) filed by National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company. (Orlando, Thomas) Modified text on 6/11/2009 (ksy). (Entered: 06/10/2009) 30 ORDER denying 23 Motion to Bifurcate/Sever. Signed by Magistrate Judge Jon S Scoles on 7/13/2009. (pac) (Entered: 07/13/2009) 31 NOTICE of Change of Address by Matthew Scott Ponzi and Thomas B. Orlando (Ponzi, Matthew) Modified text on 7/20/2009 (skm). (Entered: 07/17/2009) 32 NOTICE of Change of Address by Thomas Berthold Orlando (Orlando, Thomas) (Entered: 07/20/2009) 33 MOTION for Partial Summary Judgment by Plaintiffs Penford Products Company, Penford Corporation Responses due by 9/21/2009 (Attachments: # 1 Text of Proposed Order, # 2 Brief in Support of Motion for Partial Summary Judgment, # 3 Statement of Material Facts, # 4 Table of Contents to Plaintiffs' Appendix in Support of Brief in Support of Motion for Partial Summary Judgment, # 5 Appendix) (Simmons, Douglas) (Entered: 08/28/2009)
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34 MOTION for Leave to Appear Pro Hac Vice Paul C Fuener ( Pro Hac Vice Fee $ 75 receipt number 08620000000000876813) by Plaintiffs Penford Products Company, Penford Corporation (Simmons, Douglas) (Entered: 09/11/2009) 35 MOTION for Leave to Appear Pro Hac Vice Christopher C French ( Pro Hac Vice Fee $ 75 receipt number 08620000000000876836) by Plaintiffs Penford Products Company, Penford Corporation (Simmons, Douglas) (Entered: 09/11/2009) 36 ORDER granting 34 Motion and 35 Motion for Leave to Appear Pro Hac Vice for attorneys Paul C Fuener and Christopher C French. Signed by Magistrate Judge Jon S Scoles on 09/14/09. (order w/NEF to attys Fuener and French)(skm) (Entered: 09/14/2009) 37 Joint MOTION to Establish Briefing Schedule re 33 MOTION for Partial Summary Judgment by Defendants National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company (Weston, J) Modified text on 9/17/2009 (ksy). (Entered: 09/16/2009) 38 ORDER granting 37 Motion for a Briefing Schedule. Deft's Resistance to Pltfs' Motion for Summary Judgment and Defendants' Cross Motion for Summary Judgment are due on 10/5/2009; Plaintiffs' Reply to Defendants' Resistance and Plaintiffs' Resistance to Defendants' Cross Motion for Summary Judgment are due on 11/9/2009; Defts' Reply to Pltfs' Resistance is due on 11/18/2009. Signed by Chief Judge Linda R Reade on 9/21/2009. (de) (Entered: 09/21/2009) Set Deadlines as to 33 MOTION for Partial Summary Judgment. Deft's Sur-Reply to Pltfs' Resistance due by 11/18/2009. Resistance and Cross Motion for S.J. due by 10/5/2009. Plaintiffs' Reply to Defts' Resistance and Plaintiffs' Resistance to Defendants' Cross Motion for S.J. due by 11/9/2009. (de) (Entered: 09/21/2009) 39 RESISTANCE to Motion re 33 MOTION for Partial Summary Judgment filed by National Union Fire Insurance Company of Pittsburgh, P.A.. (Attachments: # 1 Response to Statement of Material Fact, # 2 Statement of Additional Material Facts, # 3 Table of Contents, # 4 Appendix Resistance) (Orlando, Thomas) Modified text on 10/6/2009 (ksy). (Entered: 10/05/2009) 40 MOTION for Partial Summary Judgment by Defendant National Union Fire Insurance Company of Pittsburgh, P.A. Responses due by 10/29/2009 (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Material Facts, # 3 Table of Contents Support, # 4 Appendix Support) (Orlando, Thomas) (Entered: 10/05/2009) 41 MOTION for Protective Order by Defendants National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company
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(Attachments: # 1 Brief in Support of Motion for Protective Order and Request for Scheduling Conference, # 2 Exhibit A, # 3 Exhibit B) (Weston, J) (Entered: 10/16/2009) 10/16/2009 42 MOTION for Protective Order by Defendants National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company (Attachments: # 1 Brief in Support of Motion for Protective Order and Request for Scheduling Conference, # 2 Exhibit A, # 3 Exhibit B) (Weston, J) (Entered: 10/16/2009) 43 ORDER requiring expedited respose as to 42 MOTION for Protective Order : Plaintiff Response due by 10/23/2009 . Signed by Magistrate Judge Jon S Scoles on 10/19/2009. (bjb) (Entered: 10/19/2009) 44 NOTICE by Penford Products Company, Penford Corporation of Withdrawal of Jeffrey A. Vitek as Counsel for Plaintiffs (Fuener, Paul) (Entered: 10/20/2009) 45 BRIEF in Opposition re 42 MOTION for Protective Order and Request for Scheduling Conference filed by Penford Products Company, Penford Corporation. (McGinness, Jeffrey) (Entered: 10/23/2009) 46 REPLY BRIEF to re 42 MOTION for Protective Order filed by National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company. (Lederer, Gregory) (Entered: 10/26/2009) 47 ORDER Setting Hearing on Motion 42 MOTION for Protective Order: Motion Hearing set for 10/29/2009 at 09:00 AM in 4200 C Street SW, Building B, Courtroom 2 before Magistrate Judge Jon S Scoles. Signed by Magistrate Judge Jon S Scoles on 10/26/09. (skm) (Entered: 10/26/2009) 48 Minute Entry for proceedings held before Magistrate Judge Jon S Scoles: Motion Hearing held on 10/29/2009 re 42 MOTION for Protective Order filed by National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company. (order to follow) (Court Reporter Kay C. Carr.) (de) (Entered: 10/29/2009) 49 ORDER REGARDING DISCOVERY - Counsel reported that many of the discovery issues have now been resolved. Parties have agreed to a P.O. which will be submitted shortly to the Court for approval. Parties have agreed regarding the costs associated with production of documents - Defts produce documents by 11/6/2009. Pltfs produce documents by 11/20/2009. Defendants Motion due 11/6/2009 (if necessary). Plaintiffs response to motion due 11/12/2009. Telephonic Hearing set for 11/13/2009 08:00 AM before Magistrate Judge Jon S Scoles. Signed by Magistrate Judge Jon S Scoles on 10/29/2009. (de) (Entered: 10/29/2009) 50 MOTION for Protective Order by Plaintiffs Penford Products Company, Penford Corporation (Attachments: # 1 Exhibit A) (McGinness, Jeffrey)
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(Entered: 10/29/2009) 10/29/2009 51 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Jon S Scoles on 10/29/2009. (Attachments: # 1 Confidentiality Affidavit) (de) (Entered: 10/29/2009) 52 MOTION for Protective Order on Other Claims by Defendant National Union Fire Insurance Company of Pittsburgh, P.A. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Orlando, Thomas) (Entered: 11/06/2009) 53 RESISTANCE to Motion re 40 MOTION for Partial Summary Judgment filed by Penford Products Company, Penford Corporation. (Attachments: # 1 Penford's Response to Defendants' Local Rule 56(A)(3) Statement of Undisputed Material Facts and Penford's Statement of Additional Material Facts, # 2 Table of Contents to Plaintiffs' Appendix in Resistance to Defendants' Motion for Partial Summary Judgment and in Support of Plaintiffs' Motion for Partial Summary Judgment, # 3 Appendix in Resistance to Defendants' Motion for Partial Summary Judgment and in Support of Plaintiffs' Motion for Summary Judgment) (Simmons, Douglas) (Entered: 11/09/2009) 54 REPLY to Response to Motion re 33 MOTION for Partial Summary Judgment filed by Penford Products Company, Penford Corporation. (Attachments: # 1 Penford's Response to Defendants' Local Rule 56(B)(3) Statement of Additional Material Facts and Penford's Statement of Additional Material Facts) (Simmons, Douglas) (Entered: 11/09/2009) 55 MOTION to Strike Paragraphs 9, 13-14 and 24-25 of the Affidavits of Timothy Scott and Justin Weltscheff. by Plaintiffs Penford Products Company, Penford Corporation Responses due by 11/27/2009 (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion to Strike Paragraphs 9, 13-14 and 24-25 of the Affidavits of Timothy Scott and Justin Weltscheff, # 2 Exhibit A to Plaintiff's Memorandum in Support, # 3 Exhibit B to Memorandum in Support, # 4 Text of Proposed Order) (Simmons, Douglas) (Entered: 11/09/2009) Set Deadline and Hearing as to 52 MOTION for Protective Order on Other Claims (pursuant to 49 Order Regarding Discovery, filed 10/29/2009). Response due by 11/12/2009 Motion Hearing set for 11/13/2009 08:00 AM in Telephonic Hearing before Magistrate Judge Jon S Scoles (call to be initiated by counsel for Plaintiffs). (Stigler, Karo) (Entered: 11/10/2009) 56 BRIEF in Opposition re 52 MOTION for Protective Order on Other Claims filed by Penford Products Company, Penford Corporation. (Attachments: # 1 Exhibit 1-Affidavit) (Stone, Roger) (Entered: 11/12/2009) 57 TEXT Minute Entry for proceedings held before Magistrate Judge Jon S Scoles: Motion Hearing and Status Conference held on 11/13/2009 re 52 MOTION for Protective Order on Other Claims filed by National Union Fire
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Insurance Company of Pittsburgh, P.A. Attorneys French, McGinness, Orlando, Ponzi, Simmons, Stone, and Weston appeared on behalf of their respective parties. ORDER TO FOLLOW. (Stigler, Karo) Modified on 11/13/2009 to correct attorney appearance list (Stigler, Karo). (Entered: 11/13/2009) 11/13/2009 11/13/2009 11/18/2009 Motions Taken Under Advisement: 52 MOTION for Protective Order on Other Claims (Stigler, Karo) (Entered: 11/13/2009) ***Motion Hearing on 52 Terminated. Hearing held 11/13/09; Order to follow. (Stigler, Karo) (Entered: 11/13/2009) 58 REPLY to Response to Motion re 40 MOTION for Partial Summary Judgment filed by National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company. (Orlando, Thomas) (Entered: 11/18/2009) 59 ORDER re 52 MOTION for Protective Order on Other Claims filed by National Union Fire Insurance Company of Pittsburgh, P.A. Motion GRANTED in part and RULING RESERVED in part. Defendants shall provide supplemental affidavits described in text of Order by 11/25/2009. Signed by Magistrate Judge Jon S Scoles on 11/13/09. (Stigler, Karo) (Entered: 11/19/2009) Part of Motion Taken Under Advisement: 52 MOTION for Protective Order on Other Claims (Stigler, Karo) (Entered: 11/19/2009) 60 RESPONSE to 59 Ruling on Motion for Protective Order by Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A. (Orlando, Thomas) Modified link on 11/30/2009 (ksy). (Entered: 11/25/2009) 61 BRIEF in Opposition re 55 MOTION to Strike Paragraphs 9, 13-14 and 24-25 of the Affidavits of Timothy Scott and Justin Weltscheff. filed by Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A.. (Weston, J) (Entered: 11/25/2009) 62 SUPPLEMENTAL RULING ON MOTION FOR PROTECTIVE ORDER re 52 MOTION for Protective Order filed by National Union Fire Insurance Company of Pittsburgh, P.A., 59 Order. Not later than 12/9/2009, Defts shall serve Pltfs with a supplemental response to interrogatory number 7 of Penford's first set of interrogatories, identifying the bad faith lawsuits meeting the criteria described in the interrogatory. Signed by Magistrate Judge Jon S Scoles on 11/25/2009. (de) (Entered: 11/25/2009) 63 REPLY to Response to Motion re 55 MOTION to Strike Paragraphs 9, 13-14 and 24-25 of the Affidavits of Timothy Scott and Justin Weltscheff. filed by Penford Corporation, Penford Products Company. (Simmons, Douglas) (Entered: 12/02/2009)
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64 ORDER denying 33 Motion for Partial Summary Judgment; denying 40 Motion for Partial Summary Judgment; denying as moot 55 Motion to Strike. See text of Order. Signed by Chief Judge Linda R Reade on 1/19/2010. (pac) (Entered: 01/19/2010) 65 MOTION for Extension of Time for Scheduling Order Deadlines Expedited Relief Requested of Dispositive Motion Deadline by Defendants Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A. (Weston, J) (Entered: 01/22/2010) 66 ORDER denying 65 Motion for Extension of Time for Scheduling Order Deadlines. Because the Motion is premised upon filing a second Motion for Summary Judgment, the Motion is denied (see text of Order). Signed by Chief Judge Linda R Reade on 01/22/2010. (skm) (Entered: 01/22/2010) 67 MOTION for Leave to File Additional Motion for Partial Summary Judgment Instanter by Defendants Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A. (Attachments: # 1 Brief, # 2 Supplement Motion for Partial Summary Judgment, # 3 Brief in Support of Motion for Partial Summary Judgment, # 4 Statement of Material Facts, # 5 Appendix Part 1 of 2, # 6 Appendix Part 2 of 2, # 7 Declaration) (Lederer, Gregory) (Entered: 02/01/2010) 68 SUPPLEMENT/ADDENDUM 67 MOTION for Leave to File Additional Motion for Partial Summary Judgment Instanter by Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A. (Lederer, Gregory) (Entered: 02/02/2010) 69 ORDER denying 67 Motion for Leave to File Additional Motion for Partial Summary Judgment Instanter. Signed by Chief Judge Linda R Reade on 2/2/2010. (de) Modified text on 2/3/2010 (ksy). (Entered: 02/02/2010) 70 NOTICE of Change of Address by Paul C Fuener (Fuener, Paul) (Entered: 03/22/2010) 71 MOTION for Leave to Appear Pro Hac Vice Richard A. Buchanan ( Pro Hac Vice Fee $ 75 receipt number 0862-989326) by Defendant National Union Fire Insurance Company of Pittsburgh, P.A. (Attachments: # 1 ECF Registration Form) (Weston, J) (Entered: 04/21/2010) 72 ORDER granting 71 Motion for Leave to Appear Pro Hac Vice. Attorney Richard A. Buchanan is authorized to appear on behalf of Defendants. Signed by Magistrate Judge Jon S Scoles on 4/21/10. (Stigler, Karo) Modified on 4/21/2010, copy of Order w/NEF to atty Buchanan (skm). (Entered: 04/21/2010) 73 NOTICE of Appearance by Stephen J Holtman on behalf of Penford Corporation, Penford Products Company (Holtman, Stephen) (Entered: 04/27/2010)
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74 MOTION in Limine by Defendants Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A. (Attachments: # 1Exhibit - Appendix, # 2 Exhibit - Scheduling Order and Discovery Plan, # 3 Exhibit - Penford's Rule 26(a)(1) Disclosures, # 4 Exhibit - Penford's Expert Disclosure of Olie Jolstad, # 5 Exhibit - Jolstad "Preliminary Expert Report", # 6 Exhibit - Deposition of Olie Jolstad, # 7 Exhibit - Jolstad's "First Supplement" to Expert Report, # 8 Exhibit - Policy, # 9 Exhibit - Deposition of Steven Cordier, # 10 Exhibit - 1/21/10 Simmons e-mail to Ponzi, # 11 Exhibit Deposition of Margaret Von Der Schmidt, # 12 Exhibit - Deposition of Mark Wynne, # 13 Exhibit - Deposition of Timothy Scott) (Ponzi, Matthew) Modified text on 5/7/2010 (ksy). (Entered: 05/06/2010) 75 MOTION in Limine by Plaintiffs Penford Corporation, Penford Products Company (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20) (Brendel, Neal) (Entered: 05/06/2010) 76 MOTION to Amend/Correct 27 Trial Management Order, by Defendants Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A. (Weston, J) (Entered: 05/10/2010) 77 ORDER granting 76 Motion to Amend Trial Management Order. Section VII.A. of the Trial Management Order is amended such that Defendants may mark their exhibits with numbers starting with "1000." Signed by Chief Judge Linda R Reade on 5/12/2010. (de) (Entered: 05/12/2010) 78 Response to Motion re 74 MOTION in Limine filed by Penford Corporation, Penford Products 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) (Brendel, Neal) (Entered: 05/13/2010) 79 Response to Motion re 75 MOTION in Limine filed by Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A.. (Attachments: # 1 Appendix, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J) (Ponzi, Matthew) (Entered: 05/13/2010) Docket Annotation re 75 MOTION in Limine: Pursuant to Local Rule 10(c)(3), Bound and Tabbed copy Received in Clerk's Office (de) (Entered: 05/14/2010) 80 Proposed Voir Dire by Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A.. (Ponzi, Matthew) (Entered: 05/18/2010)
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05/18/2010
81 TRIAL BRIEF by Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Orlando, Thomas) (Entered: 05/18/2010) 82 Proposed Jury Instructions by Penford Corporation, Penford Products Company. (Simmons, Douglas) (Entered: 05/18/2010) 83 MOTION to Amend/Correct Answer to Request to Admit by Defendants Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Lederer, Gregory) (Entered: 05/20/2010) 84 Minute Entry for proceedings held before Chief Judge Linda R Reade: Final Pretrial Conference held on 5/20/2010. Order to follow re 74 and 75 Motions in Limine. Hearing concluded. (Court Reporter Patrice Murray) (skm) (Entered: 05/21/2010) 85 ORDER - Jury Selection set for 6/18/2010 09:00 AM in 4200 C Street SW, Building B, Courtroom 1 before Magistrate Judge Jon S Scoles. Jury Trial set for 6/21/2010 09:00 AM in 4200 C Street SW, Building B, Courtroom 1 before Chief Judge Linda R Reade. Attorneys/Parties' Meeting set for 6/18/2010 08:30 AM in 4200 C Street SW, Building B, Courtroom 1 before Magistrate Judge Jon S Scoles. Signed by Chief Judge Linda R Reade on 5/24/2010. (de) (Entered: 05/24/2010) 86 MOTION For Extension of the 85 Trial Order by Defendants Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A. (Attachments: # 1 Exhibit A) (Lederer, Gregory) Modified text on 6/1/2010 (skm). (Entered: 05/28/2010) 87 RESISTANCE to Motion re 86 MOTION For Extension of the Trial Order into a Second Week re 85 Order filed by Penford Corporation, Penford Products Company. (Simmons, Douglas) Modified text on 6/1/2010 (ksy). (Entered: 05/28/2010) 88 ORDER Setting Hearing on Motion re 86 MOTION For Extension of the 85 Trial Order: Motion Hearing set for 6/1/2010 at 03:00 PM central time in a Telephonic Hearing before Chief Judge Linda R Reade. The court will notify counsel of record of telephone number and access code under separate cover. Signed by Chief Judge Linda R Reade on 06/01/2010. (skm) (Entered: 06/01/2010) 89 Minute Entry for proceedings held telephonically before Chief Judge Linda R Reade: Motion Hearing held on 6/1/2010 re 86 MOTION For Extension of the 85 Trial Order filed by National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company. Order to follow, hearing concluded. (Court Reporter Patrice Murray) (skm) (Entered: 06/01/2010)
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90 ORDER granting 86 MOTION For Extension of the 85 Trial Order filed by National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company. Reset Deadlines: Pretrial Conference set for 6/18/2010 08:30 AM in 4200 C Street SW, Building B, Courtroom 1 before Magistrate Judge Jon S Scoles. Jury Selection set for 6/18/2010 09:00 AM in 4200 C Street SW, Building B, Courtroom 1 before Magistrate Judge Jon S Scoles. Jury Trial set for 6/21/2010 09:00 AM in 4200 C Street SW, Building B, Courtroom 1 before Chief Judge Linda R Reade. Signed by Chief Judge Linda R Reade on 06/01/2010. (skm) (Entered: 06/01/2010) 91 ORDER granting 83 Motion to Withdraw and Amend Answer to Request to Admit. Signed by Chief Judge Linda R Reade on 06/10/2010. (skm) (Entered: 06/10/2010) 92 NOTICE of Change of Address by Thomas Berthold Orlando (Orlando, Thomas) (Entered: 06/10/2010) 93 FINAL PRETRIAL ORDER (see text). Signed by Chief Judge Linda R Reade on 6/15/2010. (de) (Entered: 06/15/2010) 94 ORDER granting in part, denying in part, and reversing in part 74 Motion in Limine; granting in part, denying in part, and reversing in part 75 Motion in Limine (See text of order). Signed by Chief Judge Linda R Reade on 6/17/2010. (de) (Entered: 06/17/2010) 95 CONSENT and Order to Jury Selection before a US Magistrate Judge by Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A., Penford Corporation, Penford Products Company (ksy) (Entered: 06/18/2010) 96 Minute Entry for proceedings held before Magistrate Judge Jon S Scoles: Pretrial Conference and Jury Selection held on 6/18/2010. Court informed jurors case cannot proceed and will need to be rescheduled. Jury selection incomplete. (Court Reporter Patrice Murray) (pac) (Main Document 96 replaced on 6/18/2010 to correct typo) (pac). Modified text on 6/18/2010 (pac). (Entered: 06/18/2010) 97 ORDER SETTING HEARING. Telephone Conference regarding the trial schedule set for 6/23/2010 09:00 AM before Chief Judge Linda R Reade. The court will notify counsel of record of telephone number and access code under separate cover. Signed by Chief Judge Linda R Reade on 6/22/2010. (de) (Entered: 06/22/2010) 98 Minute Entry for proceedings held before Chief Judge Linda R Reade: Telephone Conference held on 6/23/2010. Scheduling order to follow. Hearing concluded. (Court Reporter Patrice Murray) (skm) (Entered: 06/23/2010) 99 TRIAL MANAGEMENT ORDER: A Pretrial Conference is set for 8/16/2010 at 08:30 AM in 4200 C Street SW, Building B, Courtroom 1 before Magistrate
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Judge Jon S Scoles. Jury Selection set for 8/16/2010 at 09:00 AM in 4200 C Street SW, Building B, Courtroom 1 before Magistrate Judge Jon S Scoles. Jury Trial set for 8/16/2010 to follow Jury Selection in 4200 C Street SW, Building B, Courtroom 1 before Chief Judge Linda R Reade. Signed by Chief Judge Linda R Reade on 06/23/2010. (skm) Modified text on 7/29/2010 (skm). (Entered: 06/23/2010) 07/29/2010 100 MOTION To Supplement Their Exhibit and Witness Lists by Defendants Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A. (Attachments: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B1, # 4 Exhibit B2, # 5 Exhibit B3, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E1, # 9 Exhibit E2, # 10 Exhibit E3, # 11 Exhibit E4, # 12 Exhibit E5, # 13 Exhibit E6, # 14 Exhibit E7) (Orlando, Thomas) Modified text on 8/13/2010 (ksy). (Entered: 07/29/2010) Docket Annotation re 100 Defendant's Motion To Supplement Their Exhibit and Witness Lists: Hard copy with tabbed exhibits received and housed in Clerk's office. (skm) (Entered: 07/29/2010) 101 ORDER re 100 MOTION Defendants Motion To Supplement Their Exhibit and Witness Lists filed by National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company. Due to the nature of the Motion and the impending trial, Penford is directed to file a resistance, if any, to the Motion no later than 5:00 pm on 8/4/2010. Signed by Chief Judge Linda R Reade on 07/30/2010. (skm) (Entered: 07/30/2010) 102 RESISTANCE to Motion re 100 MOTION Defendants Motion To Supplement Their Exhibit and Witness Lists filed by Penford Corporation, Penford Products Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Simmons, Douglas) (Entered: 08/04/2010) 103 Proposed Jury Instructions by Penford Corporation, Penford Products Company. (Brendel, Neal) (Entered: 08/04/2010) 104 Objection to Jury Instructions by Ace American Insurance Company, National Union Fire Insurance Company of Pittsburgh, P.A.. (Orlando, Thomas) (Entered: 08/04/2010) 105 ORDER Setting Hearing on Motion 100 Defendants Motion To Supplement Their Exhibit and Witness Lists: Motion Hearing set for 8/9/2010 at 01:30 PM central time in Telephonic Hearing before Chief Judge Linda R Reade. The court will notify counsel of record of telephone number and access code under separate cover. Signed by Chief Judge Linda R Reade on 08/05/2010. (skm) (Entered: 08/05/2010) 106 REPLY BRIEF re 100 MOTION To Supplement Their Exhibit and Witness Lists filed by Ace American Insurance Company, National Union Fire
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Insurance Company of Pittsburgh, P.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Orlando, Thomas) Modified text on 8/9/2010 (ksy). (Entered: 08/06/2010) 08/09/2010 107 Minute Entry for proceedings held before Chief Judge Linda R Reade: Motion Hearing held on 8/9/2010 re 100 MOTION Defendants Motion To Supplement Their Exhibit and Witness Lists filed by National Union Fire Insurance Company of Pittsburgh, P.A., Ace American Insurance Company. Motion granted in part and denied in part. Order to Follow. (Court Reporter Kay Carr.) (de) (Entered: 08/09/2010) 108 ORDER granting in part and denying in part 100 Motion to Supplement Exhibit and Witness Lists. The motion is denied to the extent Defts seek to add Penford's attorneys in the instant action as "will call" witnesses on their witness list. The remainder of the Motion is granted (see text). Signed by Chief Judge Linda R Reade on 8/9/2010. (de) (Entered: 08/09/2010)
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