Hull et al v. Ability Insurance Company

Justia Dockets & Filings Ninth Circuit Montana District Court Hull et al v. Ability Insurance Company

Hull et al v. Ability Insurance Company

Plaintiff:	Arlene Hull and Diana Hull Senne
Defendant:	Ability Insurance, Ability Resources, Ability Reinsurance Holdings, Ability Reinsurance and Medico Insurance
Case Number:	1:2010cv00116
Filed:	September 27, 2010
Court:	US District Court for the District of Montana
Office:	Billings Office
County:	YELLOWSTONE
Presiding Judge:	Richard F. Cebull
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on December 6, 2012. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 13, 2012	Filing 249 Brief/Response to Order re 245 Order, Set Deadlines Defendants' Brief Regarding Punitive Damages Cap in MCA Section 27-1-220 filed by Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources. (Goetz, James)
August 13, 2012	Filing 248 Brief/Response to Order re 245 Order, Set Deadlines filed by Arlene Hull. (Attachments: # 1 Exhibit A-Legislative History) (Bidegaray, Daniel)
August 1, 2012	Filing 247 ORDER Amending 245 Order for briefing. Deadline reset from 8/10/2012 to 8/13/2012. Signed by Judge Richard F. Cebull on 8/1/2012. (EMA)
July 20, 2012	Filing 246 TRANSCRIPT OF HEARING ON ORAL ARGUMENT held on 7-20-2012 before Judge Richard F. Cebull. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerk's office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter JoAnn Bacheller, 406-698-9965, joanncbacheller@yahoo.com. Transcript Redaction Procedures . Redaction Request due 8/10/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/18/2012. (JCB)
July 20, 2012	Filing 245 ORDER directing that the Parties shall submit simultaenous briefs re: MCA 27-1-220(3) and the limitation on punitive damages on 8/10/2012. Signed by Judge Richard F. Cebull on 7/20/2012. (KCJ )
July 20, 2012	Filing 244 TRANSCRIPT DESIGNATION ORDER FORM by Arlene Hull for proceedings held on 7/20/2012 before Judge Richard F. Cebull. Court reporter JoAnn Bacheller. Transcript due by 7/23/2012. (Bidegaray, Daniel)
July 20, 2012	Filing 243 TRANSCRIPT DESIGNATION ORDER FORM by Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources, Medico Insurance for proceedings held on 7/20/12 before Judge Richard F. Cebull. Court reporter JoAnn Bacheller. Transcript due by 7/23/2012. (Baldwin, Robert)
July 20, 2012	Filing 242 Minute Entry for proceedings held before Judge Richard F. Cebull: ORAL ARGUMENT HEARING held on 7/20/2012. (Start 9:03 am) In court present is Plaintiffs counsel Mike Abourezk and Daniel Bidegaray. Defense counsel Jim Goetz; Angela Zambrano; Robert Baldwin. Judge addresses several issues. Plaintiffs counsel Dan Bidegaray and Mike Abourezk summarizes their position. Defense counsel Jim Goetz summarizes their position. Counsel inform the court that currently they have a settlement conference scheduled for next Tuesday. Judge would like simultaneous briefing from counsel in re to punitive limits. A briefing order will be filed separately. (Recess 10:29 am) (Court Reporter JoAnn Bacheller; L/C A. Harada; D/C A. Lambott.) (ACL, )
July 17, 2012	Filing 241 ORDER denying 228 Motion for Hearing. The Court will not hear additional evidence on the issue of punitive damages at the hearing set for July 20, 2012. Signed by Judge Richard F. Cebull on 7/17/2012. (ACL, )
July 17, 2012	Oral Argument set for 7/20/2012 at 09:00 AM in Billings, MT before Judge Richard F. Cebull.
July 13, 2012	Filing 240 ORDER denying 233 Motion for Order Requiring Mediation, Appointing Mediator, and Vacating Hearing and Deadlines. SEE ORDER FOR FURTHER DETAILS. Signed by Judge Richard F. Cebull on 7/13/2012. (KCJ )
July 13, 2012	Filing 239 REPLY to Response to Motion re 233 MOTION for Order/Judgment Requiring Mediation; Appointing Mediator; and Vacating Hearing and Deadlines filed by Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources, Medico Insurance. (Baldwin, Robert)
July 13, 2012	Filing 238 RESPONSE to Motion re 233 MOTION for Order/Judgment Requiring Mediation; Appointing Mediator; and Vacating Hearing and Deadlines filed by Arlene Hull. (Bidegaray, Daniel)
July 12, 2012	Filing 237 ORDER granting 235 Defendants' Motion to Expedite Briefing re 233 Motion for Order Requiring Mediation, Appointing Mediator, and Vacating Hearing. Plaintiff shall respond on or before 7/13/2012 at Noon. Signed by Judge Richard F. Cebull on 7/12/2012. (EMA)
July 11, 2012	Filing 236 Brief/Memorandum in Support re 235 MOTION to Expedite Briefing and Consideration filed by Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources. (Baldwin, Robert) Modified on 7/13/2012 to delete linkage and reference to 233 (KCJ ).
July 11, 2012	Filing 235 MOTION to Expedite Briefing and Consideration Robert K. Baldwin appearing for Defendants Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources (Baldwin, Robert)
July 11, 2012	Filing 234 Brief/Memorandum in Support re 233 MOTION for Order/Judgment Requiring Mediation; Appointing Mediator; and Vacating Hearing and Deadlines filed by Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources. (Baldwin, Robert)
July 11, 2012	Filing 233 MOTION for Order/Judgment Requiring Mediation; Appointing Mediator; and Vacating Hearing and Deadlines Robert K. Baldwin appearing for Defendants Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources (Baldwin, Robert)
July 9, 2012	Filing 232 Notice of Correction: re 231 Reply to Response to Motion, 230 Response to Motion. The filing error relates to: Signature and Login Do not Match. See the attached document for a brief description of the error made. (ACL, )
July 6, 2012	Filing 231 REPLY to Response to Motion re 224 MOTION in Objection to Defendants' Offer of New Exhibits After Trial re 213 Affidavit/Declaration, 214 Affidavit/Declaration, filed by Arlene Hull, Diana Hull Senne. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1 - Schultz v. Ability Resp R4Adm, # 3 Exhibit 2 - White v. Ability Order, # 4 Exhibit 3 - St Washington Order, # 5 Exhibit 4 - SD DOI docs) (Bidegaray, Anna)
July 6, 2012	Filing 230 RESPONSE to Motion re 228 MOTION for Hearing Ability Resources Holdings, Inc.'s Motion for An Evidentiary Hearing on Punitive Damages filed by Arlene Hull, Diana Hull Senne. (Bidegaray, Anna)
June 22, 2012	Filing 229 Brief/Memorandum in Support re 228 MOTION for Hearing Ability Resources Holdings, Inc.'s Motion for An Evidentiary Hearing on Punitive Damages Defendants' Brief in Support of Motion for An Evidentiary Hearing Pursuant to Montana Code Annotated Section 27-1-221 filed by Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources, Medico Insurance. (Goetz, James)
June 22, 2012	Filing 228 MOTION for Hearing Ability Resources Holdings, Inc.'s Motion for An Evidentiary Hearing on Punitive Damages James H. Goetz appearing for Defendants Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources, Medico Insurance (Attachments: # 1 Text of Proposed Order) (Goetz, James)
June 22, 2012	Filing 227 RESPONSE to Motion re 224 MOTION in Objection to Defendants' Offer of New Exhibits After Trial re 213 Affidavit/Declaration, 214 Affidavit/Declaration, Defendants' Brief in Opposition to Plaintiff's Objections to Defendants' Offer of New Exhibits After Trial filed by Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources. (Goetz, James)
June 22, 2012	Filing 226 NOTICE of Appearance by James H. Goetz on behalf of Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources (Goetz, James)
June 8, 2012	Filing 225 Brief/Memorandum in Support re 224 MOTION in Objection to Defendants' Offer of New Exhibits After Trial re 213 Affidavit/Declaration, 214 Affidavit/Declaration, filed by Arlene Hull. (Bidegaray, Daniel)
June 8, 2012	Filing 224 MOTION in Objection to Defendants' Offer of New Exhibits After Trial re 213 Affidavit/Declaration, 214 Affidavit/Declaration, Daniel B. Bidegaray appearing for Plaintiff Arlene Hull (Bidegaray, Daniel)
June 7, 2012	Filing 223 Brief/Memorandum in Support re 222 Proposed Findings of Fact Corrected filed by Arlene Hull. (Bidegaray, Daniel)
June 7, 2012	Filing 222 Proposed Findings of Fact by Arlene Hull. (Bidegaray, Daniel)
June 5, 2012	Filing 221 ORDER GRANTING 219 Motion for Leave to File Untimely Plaintiffs Memorandum in Support of Award of Punitive Damages Under MCA § 27-1-221(7)(B) and Corrected Version of Proposed Findings of Fact and Conclusions of Law. Signed by Judge Richard F. Cebull on 6/5/2012. (ACL, )
June 5, 2012	Filing 220 RESPONSE to Motion re 219 MOTION for Leave to File Untimely Plaintiffs Memorandum in Support of Award of Punitive Damages Under MCA § 27-1-221(7)(B) and Corrected Version of Proposed Findings of Fact and Conclusions of Law filed by Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources. (Collins, Paul)
June 1, 2012	Filing 219 MOTION for Leave to File Untimely Plaintiffs Memorandum in Support of Award of Punitive Damages Under MCA § 27-1-221(7)(B) and Corrected Version of Proposed Findings of Fact and Conclusions of Law Daniel B. Bidegaray appearing for Plaintiff Arlene Hull (Bidegaray, Daniel)
May 30, 2012	Filing 218 ORDER Setting Oral Argument re 215 Unopposed MOTION for Hearing re Punitive Damages. Oral Argument set for 7/20/2012 at 09:00 AM in Billings, MT before Judge Richard F. Cebull. Signed by Judge Richard F. Cebull on 5/30/2012. (EMA)
May 30, 2012	Filing 217 Letter from defense counsel Zambrano dated 5/25/2012. (NOB)
May 30, 2012	Filing 216 Proposed Findings of Fact by Arlene Hull. (Bidegaray, Daniel)
May 29, 2012	Filing 215 Unopposed MOTION for Hearing re 212 Brief/Memorandum in Support Paul C. Collins appearing for Defendants Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources (Attachments: # 1 Text of Proposed Order Proposed Order Setting Oral Argument) (Collins, Paul) Modified on 5/30/2012 to link to the motion(ACL, ).
May 29, 2012	Filing 214 AFFIDAVIT/DECLARATION re 212 Brief/Memorandum in Support by Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources. (Attachments: # 1 Exhibit Ex. A - Ability Corp. Structure, # 2 Exhibit Ex. B - Ability Financial Statement) (Collins, Paul)
May 29, 2012	Filing 213 AFFIDAVIT/DECLARATION re 212 Brief/Memorandum in Support by Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources. (Attachments: # 1 Exhibit Ex. A - 3/29/10 Letter from State Auditor, # 2 Exhibit Ex. B - Case Management Surveys) (Collins, Paul)
May 29, 2012	Filing 212 Brief/Memorandum in Support re 211 Proposed Findings of Fact on Punitive Damages filed by Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources. (Collins, Paul)
May 29, 2012	Filing 211 Proposed Findings of Fact by Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources. (Collins, Paul)
May 10, 2012	Filing 210 Order Extending Briefing Deadline: Findings of Fact and Conclusions of Law and briefing due 44 days after receipt of trial transcript. Signed by Judge Richard F. Cebull on 5/10/2012. (KCJ ) Modified on 5/10/2012 to accurately reflect terms of order. NEF regenerated.(KCJ ).
May 9, 2012	Filing 209 Minute Entry for proceedings held before Judge Richard F. Cebull: IN CHAMBERS TELEPHONE STATUS CONFERENCE held on 5/9/2012 on the record. Counsel present on the phone Plaintiffs Mike Abourezk; Daniel Bidegaray. Defense counsel Paul Collins; Angela Zambrano (Pro Hac Vice attorney). Discussions held. Judge has extended the briefing schedule for 14 days. (Court Reporter JoAnn Bacheller; L/C A. Harada; D/C A. Lambott.) (ACL, )
May 9, 2012	Filing 208 TEXT ORDER SETTING Telephonic Status Conference for 5/9/2012 at 02:15 PM in Billings, MT before Judge Richard F. Cebull. Counsel has been directed to dial a conference line through email communication. Signed by Judge Richard F. Cebull on 5/9/2012. (EMA)
May 4, 2012	Filing 207 TRANSCRIPT DESIGNATION ORDER FORM (Attorney ordering is not attorney of record) for proceedings held on 4/2/2012 - 4/6/2012 before Judge Cebull. Court reporter JoAnn Bacheller. Transcript due by 6/18/2012. (ACL, ) Modified on 5/7/2012: Transcripts already filed in record as Dkt nos 174 , 195 , 196 , 197 , and 198 . (NOB)
May 4, 2012	Filing 206 TRANSCRIPT OF CHAMBERS PHONE CONFERENCE held on 4-18-2012 before Judge Richard F. Cebull. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerk's office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter JoAnn Bacheller, 406-698-9965, joanncbacheller@yahoo.com. Transcript Redaction Procedures . Redaction Request due 5/25/2012. Redacted Transcript Deadline set for 6/4/2012. Release of Transcript Restriction set for 8/2/2012. (JCB)
May 4, 2012	Filing 205 TRANSCRIPT DESIGNATION ORDER FORM by Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources for proceedings held on 4/18/12 before Judge Cebull. Court reporter JoAnn Bacheller. Transcript due by 5/7/2012. (Collins, Paul)
April 23, 2012	Filing 204 EXHIBIT RECEIPT received from Plaintiff Arlene Hull. (ACL, )
April 18, 2012	Filing 203 Letter from Clerk of Court to Pro Hac Vice attorney Angela Zambrano (ACL, )
April 18, 2012	Filing 202 ORDER granting 199 Motion to Appear Pro Hac Vice for attorney Angela Christine Zambrano. Signed by Judge Richard F. Cebull on 4/18/2012.(Mailed order to atty and notified T.O. in GF.) (ACL, )
April 18, 2012	Filing 201 Minute Entry for proceedings held before Judge Richard F. Cebull: TELEPHONIC STATUS CONFERENCE held on 4/18/2012 in Chambers. By phone counsel for Plaintiffs Daniel Bidegaray, Michael Abourezk. Defense counsel Paul Collins and Angela Zambrano. (Court Reporter JoAnn Bacheller; L/C A. Harada; D/C A. Lambott.) (ACL, )
April 18, 2012	Filing 200 ORDER SETTING Conference Call for 4/18/2012 at 01:30 PM in Billings, MT before Judge Richard F. Cebull. Signed by Judge Richard F. Cebull on 4/18/2012. (EMA)
April 18, 2012	Filing 199 MOTION Angela Christine Zambrano to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1045293.) Paul C. Collins appearing for Defendants Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources (Attachments: # 1 Affidavit Affidavit of Angela Zambrano, # 2 Text of Proposed Order Proposed Order Granting Pro Hac Vice Admission) (Collins, Paul)
April 13, 2012	Filing 198 VOL. 5, TRANSCRIPT OF JURY TRIAL AND VERDICTS held on 4-6-2012 before Judge Richard F. Cebull. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerk's office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter JoAnn Bacheller, 406-698-9965, joanncbacheller@yahoo.com. Transcript Redaction Procedures . Redaction Request due 5/4/2012. Redacted Transcript Deadline set for 5/14/2012. Release of Transcript Restriction set for 7/12/2012. (JCB)
April 13, 2012	Filing 197 VOL. 4, TRANSCRIPT OF JURY TRIAL held on 4-5-2012 before Judge Richard F. Cebull. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerk's office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter JoAnn Bacheller, 406-698-9965, joanncbacheller@yahoo.com. Transcript Redaction Procedures . Redaction Request due 5/4/2012. Redacted Transcript Deadline set for 5/14/2012. Release of Transcript Restriction set for 7/12/2012. (JCB)
April 13, 2012	Filing 196 VOL. 3, TRANSCRIPT OF JURY TRIAL held on 4-4-2012 before Judge Richard F. Cebull. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerk's office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter JoAnn Bacheller, 406-698-9965, joanncbacheller@yahoo.com. Transcript Redaction Procedures . Redaction Request due 5/4/2012. Redacted Transcript Deadline set for 5/14/2012. Release of Transcript Restriction set for 7/12/2012. (JCB)
April 13, 2012	Filing 195 VOL. 2, TRANSCRIPT OF JURY TRIAL held on 4-3-2012 before Judge Richard F. Cebull. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerk's office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter JoAnn Bacheller, 406-698-9965, joanncbacheller@yahoo.com. Transcript Redaction Procedures . Redaction Request due 5/4/2012. Redacted Transcript Deadline set for 5/14/2012. Release of Transcript Restriction set for 7/12/2012. (JCB)
April 11, 2012	Filing 194 EXHIBIT RECEIPT signed on behalf of the Defendants. (ACL, )
April 11, 2012	Filing 193 ORDER. IT IS HEREBY ORDERED that 30 days after the receipt of the trial transcript the parties shall submit simultaneous Findings and Fact and Conclusions of Law and briefs in support regarding the Court's consideration of each of the factors listed in Mont. Code Ann 27-1-221(7)(b). Copies should be emailed in WordPerfect format to rfc_propord@mtd.uscourts.gov. Signed by Judge Richard F. Cebull on 4/11/2012. (ACL, )
April 6, 2012	Filing 186 JURY VERDICT.(in re Punative Damages) (ACL, )
April 6, 2012	Filing 184 JURY NOTES RECEIVED. (ACL, )
April 6, 2012	Filing 183 JURY INSTRUCTIONS GIVE A-B. (In re Punative Damages) (ACL, )
December 13, 2010	Filing 4 Defendants ANSWER to 3 Amended Complaint ANSWER, AFFIRMATIVE DEFENSES AND DEMAND FOR JURY TRIAL by Ability Insurance, Ability Reinsurance, Ability Reinsurance Holdings, Ability Resources, Medico Insurance. (Gratton, Scott)
November 12, 2010	Filing 3 AMENDED COMPLAINT against All Defendants, filed by Diana Hull Senne, Arlene Hull. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Bidegaray, Daniel)
September 27, 2010	Filing 1 COMPLAINT CASE NUMBER IS CV-10-116-BLG-RFC against All Defendants filed by Diana Hull Senne, Arlene Hull. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Attachment, # 3 Exhibit A, # 4 Exhibit B) (ACL, )

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Defendant: Ability Insurance
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Defendant: Ability Resources
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Defendant: Ability Reinsurance Holdings
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Defendant: Medico Insurance
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Plaintiff: Arlene Hull
Represented By:	Anna Bidegaray
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Plaintiff: Diana Hull Senne
Represented By:	Anna Bidegaray
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