RLI Insurance Company v. Fifth Third Bancorp
| RLI Insurance Company |
| Fifth Third Bancorp |
| 1:2014cv00802 |
| October 10, 2014 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| XX US, Outside State |
| Timothy S Black |
| Stephanie K Bowman |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 6, 2017. A more recent docket listing may be available from PACER.
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Filing 121
CONDITIONAL ORDER OF DISMISSAL: The Court having been advised by the parties that this civil action has been settled, it is ORDERED that this action is hereby DISMISSED with prejudice, provided that any of the parties may, upon good cause shown within 60 days, move to reopen the action if settlement is not consummated. Signed by Judge Timothy S. Black on 6/5/17. (sct)
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Filing 120
AMENDED CALENDAR ORDER - Pursuant to the telephone conference of 5/10/2017, the Court hereby amends the calendar order as follows: (a) Written Discovery: Written discovery is closed. No additional interrogatories orrequest for production may be served. This provision shall not inhibit the right of any party to enforce existing interrogatories or request for production, impact a party's obligation to supplement existing responses to request for production or answers to interrogatories, or impact a party's right to compel responses to existing request for production or interrogatories; (b) Oral Fact Discovery: Oral fact discovery shall be extended from 5/15/2017 and shall close 45 days from any final decision on the motion to compel production of documents from Fifth Third (Doc. 116) and Fifth Third's motion for protective order (Doc. 122) which the undersigned issued an order addressing on 5/9/2017 (Doc. 134). This extension is expressly conditioned as follows: (1) All parties shall, by 6/15/2017, identify in writing any additional depositions to be taken after 6/15/2017; (2) No party shall be allowed to conduct any deposition not identified prior to6/15/2017, unless the identity of the witness, subject matter of thedeposition or the basis for the deposition is first disclosed in documentsproduced or depositions taken after 6/15/2017; (c) Motion to Compel: All motions to compel discovery shall be filed by 6/22/2017 and briefed on an expedited basis - with response briefs filed within 14 days and replybriefs filed 7 days thereafter. Any issues that arise out of or after the issuance of this Court's order of 5/9/2017 (Doc. 134) are excluded from this deadline; (d) Summary Judgment Deadline: The deadline for motions for summary judgment shall be extended. All motions for summary judgment shall be due no later than 52 days from any final decision on the motion to compel production of documents from Fifth Third (Doc. 116) and Fifth Third's motion for protective order (Doc. 122) which the undersigned issued an order addressing on 5/9/2017 (Doc. 134); (e) Extension of Stay on Bad Faith Discovery: The stay pertaining to Fifth Third's bad faith allegation shall remain in effect until the deadline for filing motions forsummary judgment; (f) Kelley/Klein Expert Deposition: The extension of discovery will apply to the deposition of Mr. Kelley and Mr. Klein, and any supplementation permitted under the Court's order on RLl's motion to strike; (g) Trial Date: The trial date is currently set for 10/23/2017. Although the undersigned finds it highly unlikely that this matter will be ready for trial by the current trial date. At this time, the trial date will remain as set by Judge Black. Signed by Magistrate Judge Stephanie K. Bowman on 5/11/2017. (km)
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| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: pretrial deadlines held on 5/10/2017. Written Order to follow. (Court Reporter: Luke Lavin (Official)) (km) |
| Filing 119 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5952622) of Michael Hillel Sampson by Counter Claimant Fifth Third Bancorp, Defendant Fifth Third Bancorp. (Attachments: #1 Proposed Order, #2 Exhibit A Certificate of Good Standing) (Byrne, Mark) |
| Filing 118 NOTICE: Telephone Discovery Conference set for 5/10/2017 10:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel may submit to the Court a brief summary of the discovery issues (no more than 2 pages) and email it to bowman_chambers@ohsd.uscourts.gov and copy opposing counsel no later than 12:00 PM on 5/9/2017. Counsel shall call 1-888-363-4749 to participate in the telephone conference with Magistrate Judge Stephanie K. Bowman. The conference access code is 8651321 and the security code is 2010. NOTE: You will be required to use this information each time the Court conducts a telephone conference unless otherwise instructed. (km) |
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Filing 117
ORDER Denying 101 Motion to Strike Expert Disclosure; denying #107 Motion to Strike Expert Report. Signed by Judge Timothy S. Black on 5/2/17. (gs)
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| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 4/24/2017. Fifth Third orally ordered to produce Hal Coffey's ESI and bear the product cost. Any cost sharing or shifting can be brought before the Court at a later date. Fifth Third is also to produce a privilege log for each new custodian by 5/5/2017. The three remaining discovery issues referenced in the Underwriters' letter to the Court of 4/21/2017 will be deferred to a later date to allow them to renew Fifth Third's recent production. Finally, as to RLI's dispute regarding Fifth Third's lack of production of pre July 2009 facts from documents withheld for privilege and not produced under the current 502(d) Order, the Court will rule on this at the same time it rules on the pending motions. At that time, the Court will set a telephone conference to discuss the calendar. (Court Reporter: Maryann Maffia (Official)). (km) |
| Motions No Longer Referred: 101 Sealed MOTION Strike Expert Disclosure of Brian Kelley and Bar Fifth Third from Introducing His Opinions, #107 MOTION to Strike the Expert Report of Nancy Terrill (km) |
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Filing 116
ORDER REFERRING CASE to Magistrate Judge Stephanie K. Bowman. Signed by Judge Timothy S. Black on 4/20/17. (gs)
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| Filing 114 RLI Insurance Company's ANSWER to #111 Counterclaim RLI Insurance Company's Answer to Fifth Third Bancorp's First Amended Counterclaim filed by RLI Insurance Company. (Suh, Ji-Yeon) |
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Filing 113
STIPULATED ORDER REGARDING PRODUCTION OF DOCUMENTS LISTED ON FIFTH THIRD'S PRIVILEGE LOG. Signed by Magistrate Judge Stephanie K. Bowman on 3/31/2017. (km)
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| Filing 112 RESPONSE in Opposition re #107 ALTERNATIVE MOTION to Strike the Expert Report of Nancy Terrill filed by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) Modified Docket Text on 3/30/2017 (km). |
| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: discovery dispute over documents withheld by Fifth Third due to attorney client privilege held 3/29/2017. The parties are to submit a joint proposed 502(d) order to the Court as soon as possible. Fifth Third is to produce the documents subject to the 502(d) Order as soon as possible on a rolling basis with the bulk of the production completed by 4/12/2017. As to the remaining documents being withheld, the Underwriters shall file a motion to compel by 3/31/2017. Fifth Third shall respond by 4/12/2017. Underwriters shall file a reply by 4/19/2017. (Court Reporter: Maryann Maffia (Official)) (km) |
| Filing 111 Amended COUNTERCLAIM ANSWER, AFFIRMATIVE DEFENSES AND FIRST AMENDED COUNTERCLAIM AND DEMAND FOR JURY TRIAL against RLI Insurance Company, filed by Fifth Third Bancorp. (Byrne, Mark) |
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NOTATION ORDER granting #109 Plaintiff's Unopposed Motion to File Reply In Support of Motion to Strike Kelley Disclosure Under Seal. Signed by Magistrate Judge Stephanie K. Bowman on 3/27/2017. (km)
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| Filing 109 Unopposed MOTION for Leave to File Reply in Support of Motion to Strike Kelley Disclosure Under Seal by Plaintiff RLI Insurance Company. (Schmookler, Scott) Modified Docket Text on 3/27/2017 (km). |
| Filing 108 NOTICE: Informal Telephone Discovery Conference set for 3/29/2017 10:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel shall call 1-888-363-4749 to participate in the telephone conference with Magistrate Judge Stephanie K. Bowman. The conference access code is 8651321 and the security code is 2010. NOTE: You will be required to use this information each time the Court conducts a telephone conference unless otherwise instructed. (km) |
| Filing 107 ALTERNATIVE MOTION to Strike the Expert Report of Nancy Terrill by Defendant Fifth Third Bancorp. (Byrne, Mark) Modified on 3/21/2017 (km). |
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NOTATION ORDER granting #105 Defendants Fifth Third Bancorp/Fifth Third Bank's Unopposed Motion to File Memorandum in Opposition to Plaintiff's Motion to Strike Expert Disclosure Under Seal. Signed by Magistrate Judge Stephanie K. Bowman on 3/17/2017. (km)
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| Filing 105 Consent MOTION to File Document Under Seal by Defendant Fifth Third Bancorp. (Byrne, Mark) |
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Filing 103
ORDER granting #81 Fifth Third Bancorp's Motion for Leave to Amend Pleadings, subject to these conditions: Fifth Third shall clarify in discovery responses whether the elimination of the Valuation Fraud allegations in the amended pleadings encompasses the following columns within Rechel's Summary of Fraud Findings: Columns C E, and H. Fifth Third also shall clarify whether it intends to assert any of the allegations contained in the description of the referenced columns; Fifth Third shall clarify in discovery responses whether Exhibit 4 to the Third Amended Complaint filed in the Illinois action correctly identifies the alleged fraud indicators and identifies which of the alleged indicators apply to each advance. The Insurers' request for the imposition of additional conditions and for the imposition of discovery costs and fees, either past or future, is DENIED. NOTE: This stand alone Order addresses the publicly filed motions. A separate Memorandum Opinion and Order has been filed under seal. Signed by Magistrate Judge Stephanie K. Bowman on 3/10/2017. (km)
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| Notice of Correction re: 102 Sealed MOTION Strike Expert Disclosure of Brian Kelley and Bar Fifth Third from Introducing His Opinions. This document is the sealed memorandum in support to the Motion to Strike 101 , however, was filed as a motion. The docket text has been modified to appropriately reflect this, with a docket entry relationship created to the motion 101 . (km) |
| Set/Reset Deadlines as to 101 Sealed Motion to Strike Expert Disclosure. EXPEDITED BRIEFING is set as follows: Defendant's Response in Opposition due by 3/20/2017. Plaintiff's Reply Memorandum in Support due by 3/27/2017. (km) |
| Filing 100 Consent MOTION to Seal by Plaintiff RLI Insurance Company. (Schmookler, Scott) |
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NOTATION ORDER granting #100 Plaintiff's RLI Insurance Company's Unopposed Motion for Leave to File Motion to Strike Brian Kelley's Expert Disclosure Under Seal. Signed by Magistrate Judge Stephanie K. Bowman on 3/8/2017. (km)
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Filing 99
MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760 and Federal Insurance Company's Motion for Protective Order (doc. 98 in related action 1:14-cv-00869). The Underwriters' separate request for additional protection to prevent duplicative discovery is DENIED AS MOOT, and the request for an award of costs and fees is also DENIED. Signed by Magistrate Judge Stephanie K. Bowman on 3/1/2017. (km)
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Filing 98
ORDER granting Joint Motion to Reset Calendar Order (doc. 103 in related action 1:14-cv-00869). The following deadlines are amended as follows: Last day to serve written discovery demands set for 4/14/2017. Last day for parties to file discovery motions set for 5/15/2017. Discovery deadline set for 5/15/2017. Dispositive motion deadline set for 6/3/2017. Trial (to be set on the docket of Judge Black) set for 10/23/2017. The stay pertaining to Fifth Third's bad faith allegation shall remain in effect until no earlier than 6/3/2017. Signed by Magistrate Judge Stephanie K. Bowman on 2/10/2017. (km)
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| Set/Reset Cincinnati PPTO Deadlines: Discovery due by 5/15/2017. Dispositive Motions not directed to pleadings due by 6/3/2017. (km) |
| NOTICE: Per Order (Doc. 98 in 1:14-cv-802, and Doc. 104 in 1:14-cv-869) the final pretrial conference of 7/10/2017 is VACATED and RESCHEDULED for 10/16/2017 at 10:00 a.m. in Cincinnati, Chambers, Room 815. The trial set for 7/17/2017 is VACATED and RESCHEDULED for 10/23/2017 at 9:30 a.m. in Cincinnati, Courtroom #1, Room 805. (mr) |
| Filing 96 RESPONSE in Opposition re #81 MOTION for Leave to File First Amended Counterclaim and Demand for Jury Trial (Redacted Brief) filed by Plaintiff RLI Insurance Company. (Schmookler, Scott) |
| Filing 95 NOTICE by Defendant Fifth Third Bancorp Notice of Filing Pleading Under Seal (Byrne, Mark) |
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NOTATION ORDER granting #92 Defendant's Motion to File Reply Brief to Motion for Leave to File an Amended Counterclaim and Amended Complaint Under Seal. Signed by Magistrate Judge Stephanie K. Bowman on 2/2/2017. (km)
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| Filing 92 MOTION to File Document Under Seal Fifth Third Bancorp and Fifth Third Bank's Motion to File Their Reply Brief to Their Motion for Leave to File an Amended Counterclaim and Amended Complaint Under Seal by Defendant Fifth Third Bancorp. (Byrne, Mark) |
| Filing 91 NOTICE by Plaintiff RLI Insurance Company re #81 MOTION for Leave to File First Amended Counterclaim and Demand for Jury Trial (Attachments: #1 Exhibit) (Schmookler, Scott) |
| Filing 90 Transcript of Proceedings held on 01-09-2017, [Teleconference, re: Discovery Dispute] before Magistrate Judge Stephanie K. Bowman. Court Reporter/Transcriber Mary Ann Ranz, Official Court Reporter, Telephone number 513-564-7626. Transcript may be viewed at the court 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 PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 2/3/2017. Redacted Transcript Deadline set for 2/13/2017. Release of Transcript Restriction set for 4/13/2017. (Ranz, Mary Ann) |
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NOTATION ORDER granting #88 Plaintiff's Unopposed Motion for Leave to File Under Seal Response and Exhibits to #81 Defendant's Motion for Leave to File First Amended Counterclaim and Demand for Jury Trial. Signed by Magistrate Judge Stephanie K. Bowman on 1/11/2017. (km)
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| Filing 88 Unopposed MOTION to File Document Under Seal by Plaintiff RLI Insurance Company. (Schmookler, Scott) |
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Filing 87
ORDER REASSIGNING CASE. Case reassigned to Judge Timothy S. Black for all further proceedings. Judge Michael R. Barrett no longer assigned to case. Signed by Judge Michael R. Barrett on 1/9/17. (ba)
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| MINUTE ENTRY - Telephone conference held re: discovery dispute. The following counsel appeared: Douglas Widin, Mark Byrne, Scott Schmookler, Brian Goldwasser, Christopher Novak, Bryan Strawbridge, Julia Gelinas. Responses to Production Request 39 and 40 of RLI to Fifth Third discussed. Fifth Third to produce bonds issued between 2002 and 2008. RLI and Fifth Third to then discuss if any additional documentation requested in 39 and 40 is necessary. All parties to discuss the calendar and provide to the Court a proposed revised calendar. Fifth Third to report back to the Court regarding whether Doc. 78 in 14cv869 is moot. (Court Reporter: Mary Ann Ranz-Official) (sct) |
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NOTATION ORDER granting #85 Plaintiff's Unopposed Motion for Extension of Time Until 1/11/2017 to File Response re #81 Defendant's Motion for Leave to File First Amended Counterclaim and Demand for Jury Trial. Signed by Magistrate Judge Stephanie K. Bowman on 1/6/2017. (km)
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| Filing 85 MOTION for Extension of Time to File Response/Reply as to #81 MOTION for Leave to File First Amended Counterclaim and Demand for Jury Trial New date requested 1/11/2017. ( Responses due by 1/11/2017) by Plaintiff RLI Insurance Company. (Schmookler, Scott) Modified docket text on 1/5/2017 (eh). |
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Filing 84
ORDER: Case reassigned to Judge Michael R. Barrett for all further proceedings. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 83
ORDER REASSIGNING CASE. Case reassigned to Judge Unassigned for all further proceedings. Judge Sandra S Beckwith no longer assigned to case. Signed by Judge Sandra S. Beckwith on 1/3/17. (mb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 82
ORDER OVERRULING Fifth Third's Objection to #64 Report and Recommendationsand the Memorandum Order is AFFIRMED, with the following amendment that the stay related to Fifth Third's bad faith allegations is extended until the filing of any dispositive motions. Signed by Judge Sandra S. Beckwith on 12/29/2016. (jlw) Modified on 12/29/2016 (jlw).
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| Filing 81 MOTION for Leave to File First Amended Counterclaim and Demand for Jury Trial by Defendant Fifth Third Bancorp. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B) (Widin, Douglas) |
| Filing 80 Transcript of Proceedings, Discovery Conference held on November 29, 2016, before Magistrate Judge Stephanie K. Bowman. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. Transcript may be viewed at the court 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 PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 12/23/2016. Redacted Transcript Deadline set for 1/3/2017. Release of Transcript Restriction set for 3/2/2017. (Maffia, Maryann) |
| Notice of Correction re: Minute Entry of 11/29/2016. The docket text has been modified to remove the reference to a pending R&R and correct the entry to reference the pending objections to the Magistrate Judge's 7/27/2016 Memorandum Order. (km) |
| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 11/29/2016 in related actions 1:14-cv-00802 and 1:14-cv-00869. Attorneys Scott Schmookler, Mark Byrne, David Halbreich, Traci Rea, Brian Goldwasser, Christopher Novak and Julia Gelinas appeared. Deposition of Mr. Haley shall proceed as noticed. Parties to contact the Court if additional time is needed to name a rebuttal witness and if additional expert dates on the bad faith claim would be helpful. Once the pending objections to the Magistrate Judge's 7/27/2016 Memorandum Order are decided, the Court will set another telephone conference to address any outstanding timing issues. (Court Reporter: Maryann Maffia (Official)) (km) Modified Docket Text to Clarify on 11/30/2016 (km). |
| NOTICE: Telephone Discovery Conference set for 11/29/2016 02:30 PM before Magistrate Judge Stephanie K. Bowman. Counsel shall call 1-888-363-4749 to participate in the telephone conference with Magistrate Judge Stephanie K. Bowman. The conference access code is 8651321 and the security code is 2010. NOTE: You will be required to use this information each time the Court conducts a telephone conference unless otherwise instructed.The parties may submit a brief summary letter of the issues (no more than 2 pages) to the Court at bowman_chambers@ohsd.uscourts.gov no later than 11/29/2016 at Noon. (km) |
| Filing 79 NOTICE by Plaintiff RLI Insurance Company RLI Insurance Company, Continental Insurance Company, Fidelity and Deposit Insurance Company, and St. Paul Mercury Insurance Company's Notice of Service of Expert Report of Patrick F. Gannon, for Case Nos. 14-802 and 14-869 (Suh, Ji-Yeon) |
| Filing 78 NOTICE by Plaintiff RLI Insurance Company RLI Insurance Company, Continental Insurance Company, Fidelity and Deposit Insurance Company, and St. Paul Mercury Insurance Company's Notice of Service of Expert Report of Nancy Terrill, for Case Nos. 14-802 and 14-869 (Suh, Ji-Yeon) |
| Filing 77 RESPONSE in Opposition re #64 Objection to Magistrate Judge Order RLI Insurance Company's Response to Fifth Third Bank's Objections to the Magistrate Judge's Memorandum Order of July 27, 2016 filed by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) |
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Filing 76
ORDER granting #75 Joint Motion to Partially Modify the Existing Calendar Order Relating to the Production of Expert Reports. The Court's Calendar Order of 9/22/2016 ( #69 in 1:14-cv-00802; doc. 76 in 1:14-cv-869), is hereby AMENDED to the extent that the expert report deadlines are now as follows: (1) Plaintiffs RLI Insurance and Fifth Third Bancorp to produce Expert Reports by 10/31/2016, except for Expert Reports opining on the existence of a loss and if so, the quantum of that loss (hereinafter "Damage Expert Reports"); (2) Plaintiffs RLI Insurance and Fifth Third Bancorp to produce Damage Expert Reports by 11/14/2016; (3) Deadline for Production of Expert Reports of Defendants Certain Underwriters at Lloyd's Subscribing to Policy Nos. B0509QA048710 and B0509QA051310, Axis Insurance Company, Federal Insurance Company, and Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul/Mercury Insurance Company, Defendant Fifth Third and Counterclaim Defendant RLI Insurance Company by 12/31/2016, except Damage Expert Reports; (4) Deadline for Production of Expert Reports opining on the existence of a loss and if so, the quantum of that loss of Defendants Certain Underwriters at Lloyd's Subscribing to Policy Nos. B0509QA048710 and B0509QA051310, Axis Insurance Company, Federal Insurance Company, and Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul/Mercury Insurance Company, Defendant Fifth Third and Counterclaim Defendant RLI Insurance Company by January 16, 2017; (5) Deadline to Produce Rebuttal Expert Reports, except for Rebuttal to Damage Expert Reports, from all parties by 1/31/2017; (6) Deadline to Produce Rebuttal Expert Reports opining on the existence of a loss and if so, the quantum of that loss from all parties by 2/14/2017. All other deadlines contained in the Court's Calendar Orders of 9/22/2016 ( #69 in 1:14-cv-00802; doc. 76 in 1:14-cv-869) and 9/26/2016 ( #70 in 1:14-cv-00802; doc. 77 in 1:14-cv-00869) shall remain unchanged. Signed by Magistrate Judge Stephanie K. Bowman on 10/31/2016. (km)
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| Filing 75 Joint MOTION to Partially Modify the Existing Calendar Order Relating to the Production of Expert Reports by Defendant Fifth Third Bancorp. Responses due by 11/21/2016 (Byrne, Mark) Modified docket text for clrity on 10/27/2016 (jee). |
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Filing 74
ORDER granting [71-73] Motions for Leave for attorneys Rea, Halbreich, & Widin to Appear Pro Hac Vice as co-counsel for Fifth Third. Signed by Judge Sandra S. Beckwith on 10/25/16. (mb)
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| Filing 73 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5702766) of Douglas Richard Widin by Defendant Fifth Third Bancorp. Responses due by 11/17/2016 (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Text of Proposed Order) (Byrne, Mark) |
| Filing 72 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5702739) of David Martin Halbreich by Defendant Fifth Third Bancorp. Responses due by 11/17/2016 (Attachments: #1 Exhibit A Certification of Good Standing, #2 Text of Proposed Order) (Byrne, Mark) |
| Filing 71 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5702663) of Traci Sands Rea by Defendant Fifth Third Bancorp. Responses due by 11/17/2016 (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Text of Proposed Order) (Byrne, Mark) |
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Filing 70
AMENDED SCHEDULING ORDER: DDL: 3/1/17; Motions deadline: 3/15/17; Final Pretrial Conference is reset for 7/24/2017 at 11:00 AM; Trial is reset for 8/7/2017 01:00 PM. Signed by Judge Sandra S Beckwith on 9/26/16. (mb)
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Filing 69
ORDER granting #68 Joint Motion to Reset Calendar Order. The Court's Calendar Order of 3/12/2015 (doc. 31 in 1:14-cv-00802; doc. 35 in 1:14-cv-869), and as amended on 2/19/2016, 4/22/2016, 8/24/2016 and 9/2/2016 is hereby VACATED. The instant cases shall now proceed as follows: Private mediation before The Honorable Randall Newsome: 10/18/2016. Plaintiffs RLI Insurance and Fifth Third Bancorp to Produce Expert Reports: 10/31/2016. Deadline for filing responses to Fifth Third Bank's Objection to Magistrate Judge's Order (doc. 72 in 1:14-cv-00869): 10/31/2016. Deadline for Production of Expert Reports of Defendants Certain Underwriters at Lloyd's Subscribing to PolicyNos. B0509QA048710 and B0509QA051310, Axis Insurance Company, Federal Insurance Company, and Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul/Mercury Insurance Company, DefendantFifth Third and Counterclaim Defendant RLI Insurance Company: 12/31/2016. Deadline to Produce Rebuttal Expert Reports from all parties: 1/31/2017. Discovery Deadline: 3/1/2017. Dispositive Motion deadline: 3/15/2017. The current final pretrial conference and trial dates are hereby VACATED, to be rescheduled on the docket of Judge Beckwith. Additionally, upon the agreement of the parties, the 7/27/2016 order issued by the undersigned (doc. 70 in 1:14-cv-00869) which stays discovery relating to Fifth Third's bad faith allegation remains in effect until Judge Beckwith decides Fifth Third's pending objections. Should the Court sustain the decision of the undersigned, the stay pertaining to Fifth Third's bad faith allegation shall remain in effect until 3/15/2017. Fifth Third Bank does not waive any right it may have to seek further reconsideration regarding the stay and bifurcation of bad faith discovery. Signed by Magistrate Judge Stephanie K. Bowman on 9/22/2016. (km)
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| Set/Reset Cincinnati PPTO Deadlines: Plaintiff to Produce Expert Reports by 10/31/2016. Rebuttal Expert Reports of all parties due by 1/31/2017. Discovery due by 3/1/2017. Dispositive Motions not directed to pleadings due by 3/15/2017. (km) |
| Set/Reset Cincinnati PPTO Deadlines: Defendant to Produce Expert Reports by 12/31/2016. (km) |
| Filing 68 Joint MOTION for Extension of Time JOINT MOTION TO RESET CALENDAR ORDER by Defendant Fifth Third Bancorp. (Byrne, Mark) Modified docket text to remove "date requested" on 9/16/2016 (jee). |
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NOTATION ORDER granting #67 Third Agreed Motion to Extend Deadlines to Disclose Experts as to Plaintiffs in 1:14-cv-00802 and 1:14-cv-00869. Plaintiffs RLI Insurance Company (1:14-cv-00802) and Fifth Third Bancorp (1:14-cv-00869) are granted an extension of time through and including 9/16/2016 to disclose identities of experts and produce initial expert reports. Signed by Magistrate Judge Stephanie K. Bowman on 9/2/2016. (km)
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| Set/Reset Cincinnati PPTO Deadlines: Plaintiff Deadline for Disclosure of Experts and Production of Expert Reports set for 9/16/2016. (km) |
| Filing 67 MOTION for Extension of Time New date requested 9/16/2016. Agreed Motion to Extend Deadline to Disclose Experts and Produce Initial Expert Reports as to Plaintiffs RLI Insurance Company and Fifth Third Bank by Defendant Fifth Third Bancorp. (Byrne, Mark) |
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NOTATION ORDER granting #66 Motion for Extension of Time until 9/16/16 to respond to Fifth Third Bancorp's objections to the Mag. Judge's Order of 7/27/16. Signed by Judge Sandra S Beckwith on 8/30/16. (mb) Modified on 8/30/2016 (mb).
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| Filing 66 Unopposed MOTION for Extension of Time to File Response/Reply as to #64 Objection to Magistrate Judge Order New date requested 9/16/2016. Unopposed Motion for Extension of Time to Respond to Fifth Third Bancorp's Objections to Magistrate Judge's Memorandum Order of July 27, 2016 (Dkt. 64 in No.14-802, Dkt. 72 in No. 14-869) by RLI Insurance Company, Certain Underwriters at Lloyds Subscribing to Policy Numbers B0509QA048710 and B0509QA051310, Axis Insurance Company, and Federal Insurance Company by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) |
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NOTATION ORDER granting #65 Second Agreed Motion to Extend Deadlines to Disclose Experts as to Plaintiffs in 1:14-cv-00802 and 1:14-cv-00869. Plaintiffs RLI Insurance Company (1:14-cv-00802) and Fifth Third Bancorp (1:14-cv-00869) are granted an extension of time through and including 9/2/2016 to disclose identities of experts and produce initial expert reports. Signed by Magistrate Judge Stephanie K. Bowman on 8/24/2016. (km)
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| Set/Reset Cincinnati PPTO Deadlines: Plaintiff Deadline for Disclosure of Experts and Production of Expert Reports set for 9/2/2016. (km) |
| Filing 65 Second MOTION for Extension of Time New date requested 9/2/2016. Agreed Motion to Extend Deadlines to Disclose Experts And Produce Initial Expert Reports As To Plaintiffs RLI and Fifth Third by Plaintiff RLI Insurance Company. Responses due by 9/15/2016 (Ripley, Regina) |
| Filing 64 Objections to Magistrate Judge Order re #62 Magistrate Judge's Memorandum Order of 7/27/2016 by Defendant Fifth Third Bancorp. (Byrne, Mark) Modified Docket Text on 8/18/2016 (km). |
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NOTATION ORDER granting #63 Plaintiff's Motion for Extension of Time until 8/17/16 to file objections to the Mag. Judge's order of 7/27/16. Signed by Judge Sandra S Beckwith on 8/10/16. (mb)
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| Filing 63 MOTION for Extension of Time to File Response/Reply as to #62 Order on Motion for Joinder,,,, New date requested 8/17/2016. by Defendant Fifth Third Bancorp. Responses due by 9/6/2016 (Byrne, Mark) |
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Filing 62
MEMORANDUM ORDER - IT IS ORDERED: (1) Defendants' Sealed motion for Protective Order or to Stay Discovery and Bifurcate Plaintiffs "Bad Faith Cliam" in Case No. 1:14-cv-869 (doc. 53, joined by the Second Excess Insurance Carriers in doc. 58) is GRANTED IN PART insofar as discovery that relates to Plaintiff's bad faith allegations is STAYED until 10/3/2016, the current dispositive motion deadline; (2) Plaintiff RLI's motion in Case No. 1:14-cv-802 to join Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate #44 is GRANTED IN PART consistent with the above paragraph; (3) In all other respects, the Insurers' motions (docs. 53 and 58 in Case No. 1:14-cv-869, and #44 in Case No. 1:14-cv-802) are DENIED. However, the denial is without prejudice to the Insurers to renew their motion for bifurcated trials, if necessary, after initial dispositive motions are resolved. Signed by Magistrate Judge Stephanie K. Bowman on 7/27/2016. (km)
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| Set/Reset Cincinnati PPTO Deadlines: Plaintiff Deadline for Disclosure of Experts and Production of Expert Reports set for 8/29/2016. (km) |
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NOTATION ORDER granting #61 Agreed Motion to Extend Deadlines to Disclose Experts as to Plaintiffs in 1:14-cv-00802 and 1:14-cv-00869. Plaintiffs RLI Insurance Company (1:14-cv-00802) and Fifth Third Bancorp (1:14-cv-00869) are granted an extension of time through and including 8/29/2016 to disclose identities of experts and produce initial expert reports. Signed by Magistrate Judge Stephanie K. Bowman on 7/5/2016. (km)
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| Filing 61 MOTION for Extension of Time New date requested 8/29/2016. Agreed Motion to Extend Deadlines to Disclose Experts and Produce Initial Expert Reports as to Plaintiffs RLI and Fifth Third by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) |
| Filing 60 REPLY to Response to Motion re #44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim" filed by Plaintiff RLI Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Suh, Ji-Yeon) |
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NOTATION ORDER granting #59 Plaintiff's Third Motion for Extension of Time Until 6/21/2016 to File Reply Memorandum in Support re #44 Plaintiff's Motion for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim." Counsel is advised that, absent good cause shown, no further extensions of time will be granted. Signed by Magistrate Judge Stephanie K. Bowman on 5/31/2016. (km) Modified Docket Text to Clarify on 5/31/2016 (km).
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| Set/Reset Deadlines as to #44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim." Plaintiff's Reply due by 6/21/2016. (km) |
| Notice of Correction re: Notation Order on #59 Plaintiff's Motion for Extension of Time to File Reply. The text of the notation order did not include the following language: "Counsel is advised that, absent good cause shown, no further extension of time will be granted." This language has been added to the docket text and the notice of electronic filing (NEF) has been regenerated. (km) |
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NOTATION ORDER granting Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760 and Federal Insurance Company's Second Unopposed Motion for Extension of Time Until 6/21/2016 to File Reply re MOTION for Protective Order or to Stay Discovery and Bifurcate Plaintiff's "Bad Faith Claim" (doc. 67 in related action 1:14-cv-00869). Counsel is advised that, absent good cause shown, no further extensions of time will be granted. Signed by Magistrate Judge Stephanie K. Bowman on 5/31/2016. (km)
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| Filing 59 Third MOTION for Extension of Time to File Response/Reply as to #44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim" New date requested 6/21/2016. by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) |
| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: discovery issue as to deposition of Matthew Ross held on 5/23/2016 in 1:14-cv-00802 and related action 1:14-cv-00869. Attorney Regina Ripley appeared on behalf of Plaintiff in 14-802; Attorneys Mark Byrne, Charles Turnbull, and Kenneth Seibel appeared on behalf of Defendant in 14-802 and for Plaintiff in related action 14-869. Attorneys Brian Goldwasser, Christopher Losquadro and Julia Gelinas appeared for Defendants in related action 14-869. Attorney Bill Ziegelmueller appeared on behalf of Matthew Ross. Deponent shall not be compelled to read documents into the record. (Court Reporter: Mary Ann Ranz (Official)). (km) |
| Filing 58 NOTICE: Telephone Discovery Conference set for 5/23/2016 12:00 PM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. Counsel may submit to the Court a brief summary of the discovery issue (no more than 2 pages) and email it to bowman_chambers@ohsd.uscourts.gov and copy opposing counsel no later than 5:00 p.m. on 5/20/2016. (km) |
| Remark re #58 Notice of Telephone Conference. At the request of Defendant's counsel, the parties are granted an extension of time until Monday, May 23, 2016 at 9:00 AM in which to file their brief summaries of the discovery issue(s). (km) |
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NOTATION ORDER granting Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760 and Federal Insurance Company's Unopposed Motion for Extension of Time Until 5/31/2016 to File Reply Memorandum re MOTION for Protective Order to Stay Discovery and Bifurcate Plaintiff's "Bad Faith Claim" (doc. 64 in related action 1:14-cv-00869). Signed by Magistrate Judge Stephanie K. Bowman on 5/16/2016. (km)
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| Filing 57 NOTICE by Defendant Fifth Third Bancorp of Issuance of Service of Subpoena to Matthew Ross (Attachments: #1 Subpoena) (Byrne, Mark) |
| Filing 56 Amended MOTION for Extension of Time to File Response/Reply as to #44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim" New date requested 5/31/2016. Amended Second Unopposed Motion by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) |
| Filing 55 Second MOTION for Extension of Time to File Response/Reply as to #44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim" New date requested 5/25/2016. Second Unopposed Motion by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) |
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NOTATION ORDER granting #55 Plaintiff's Second Unopposed Motion for Extension of Time Until 5/25/2016 to File Reply Memorandum in Support re #44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim." Plaintiff's Reply Memo due by 5/25/2016. Signed by Magistrate Judge Stephanie K. Bowman on 5/11/2016. (km)
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NOTATION ORDER granting #56 Plaintiff's Amended Second Unopposed Motion for Extension of Time Until 5/31/2016 to File Reply Memorandum in Support re #44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim." Plaintiff's Reply Memo due by 5/31/2016. Signed by Magistrate Judge Stephanie K. Bowman on 5/11/2016. (km)
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| Filing 54 NOTICE by Plaintiff RLI Insurance Company of Issuance and Service of Subpoena to Robert Finley (Attachments: #1 Issued Subpoena with Proof of Service) (Suh, Ji-Yeon) |
| Filing 53 NOTICE by Plaintiff RLI Insurance Company of Issuance and Service of Subpoena to Clayton Bruce (Attachments: #1 issued Subpoena with proof of Service) (Suh, Ji-Yeon) |
| Set/Reset Cincinnati PPTO Deadlines: RLI Insurance Company to disclose experts and produce initial expert reports by 7/11/2016. Fifth Third Bancorp to disclose experts and produce initial expert reports by 7/11/2016. (km) |
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NOTATION ORDER granting Defendants Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760, AXIS Insurance Company and Federal Insurance Company's Unopposed Motion for Extension of Time Until 5/17/2016 to File Reply Memorandum in Support re Motion for Protective Order or to Stay Discovery and Bifurcate Plaintiff's "Bad Faith Claim" (doc. 63 in related action 1:14-cv-00869). Signed by Magistrate Judge Stephanie K. Bowman on 4/25/2016. (km)
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NOTATION ORDER granting #52 Agreed Motion to Extend Deadlines to Disclose Experts by All Parties in Actions 1:14-cv-00802 and 1:14-cv-00869. RLI and Fifth Third Bancorp will disclose their experts and produce initial reports on 7/11/2016. Defendants Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710 and B0509QA051310, Axis Insurance Company, Federal Insurance Company, Continental Insurance Company, Fidelity and Deposit Company, and St. Paul Mercury Insurance Company will disclose their experts' identities and produce initial reports on 10/27/2016. Signed by Magistrate Judge Stephanie K. Bowman on 4/25/2016. (km)
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| Filing 52 MOTION for Extension of Time New date requested 7/11/2016. Agreed Motion to Extend Deadlines to Disclose Experts by All Parties in Actions Nos. 14-802 and 14-869, with New Dates 7/11/2016 and 10/27/2016 Requested by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) |
| Filing 51 Unopposed MOTION for Extension of Time to File Response/Reply as to #44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim" New date requested 5/17/2016. by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) |
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NOTATION ORDER granting #51 Plaintiff's Motion for Extension of Time Until 5/17/2016 to File Reply Memorandum in Support re #44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim." Signed by Magistrate Judge Stephanie K. Bowman on 4/22/2016. (km)
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| Filing 50 NOTICE by Plaintiff RLI Insurance Company of Issuance and Service of Subpoena to Steven Capouch (Attachments: #1 Issued Subpoena with Proof of Service) (Hojnoski, Robert) |
| Filing 49 RESPONSE in Opposition re #44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim" filed by Defendant Fifth Third Bancorp. (Attachments: #1 Exhibit A Declaration of Mark J. Byrne, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 Exhibit 3 to Declaration, #5 Exhibit 4 to Declaration, #6 Exhibit 5 to Declaration) (Byrne, Mark) |
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NOTATION ORDER granting #48 Defendant's Unopposed Motion for Extension of Time Until 4/12/2016 to File Response re #44 Plaintiff's Motion for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim." Signed by Magistrate Judge Stephanie K. Bowman on 4/12/2016. (km)
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| Filing 48 MOTION for Extension of Time to File Response/Reply as to #44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim" New date requested 4/12/2016. by Defendant Fifth Third Bancorp. Responses due by 5/5/2016 (Byrne, Mark) |
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NOTATION ORDER granting Plaintiffs' Second Unopposed Motion for Extension of Time Until 4/11/2016 to File Response re Defendants' Motion for Protective Order or to Stay Discovery and Bifurcate Plaintiff's "Bad Faith Claim" (doc. 61 in related action 1:14-cv-00869). Signed by Magistrate Judge Stephanie K. Bowman on 4/11/2016. (km)
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| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: discovery dispute for Rule 30(b)(6) deposition held on 4/5/2016. Attorneys Ji-Yeon Suh and Regina Ripley appeared for Plaintiff. Attorneys Mark Byrne, Charles Turnbull, Kenneth Seibel and Marc Kaszubski appeared for Defendant. Deposition to go ahead as planned. (Court Reporter: Luke Lavin (Official)) (km) |
| Filing 47 NOTICE: Telephone Discovery Conference set for 4/5/2016 09:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. Counsel may submit to the Court a brief summary of the discovery issue (no more than 2 pages) and email it to bowman_chambers@ohsd.uscourts.gov and copy opposing counsel no later than 4:00 p.m. on 4/4/2016. (km) |
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Filing 46
ORDER - pursuant to the telephonic discovery conference held before the undersigned on 3/30/2016, IT IS ORDERED: (1) RLI shall provide to Fifth Third, not later than close of business on Friday, 4/1/2016, copies of those exhibits that RLI anticipates it will use during the Rule 30(b)(6) deposition of Fifth Third's representative on 4/6/2016, pertaining to Topics 4 and 15; (2) RLI shall not be prohibited from questioning Fifth Third's Rule 30(b)(6) deponent on additional written exhibits pertaining to Topics 4 and 15 within reason, so long as copies are provided to counsel for Fifth Third not later than one hour prior to the start of the deposition; (3) Should RLI decide not to produce the exhibits as ordered in paragraphs 1 and 2 above, the Rule 30(b)(6) witness shall be given time to review any documents with which he/she is not familiar, and to consult with counsel as to Fifth Third's knowledge of that exhibit without waiving any attorney-client privilege. Such review/consultation shall be limited to 10 minutes per exhibit; (4) Fifth Third's objection to RLI's intent to depose certain individuals previously deposed in the Illinois litigation is withdrawn, based upon the representations of RLI's counsel that such depositions will be limited in scope and not overly duplicative; (5) Should any additional issues arise during the scope of the 4/6/2016 deposition, counsel shall contact Kevin Moser at 513-564-7680 and/or at bowman_chambers@ohsd.uscourts.gov, to request an additional conference. Signed by Magistrate Judge Stephanie K. Bowman on 3/30/2016. (km)
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| Remark re #45 Notice of Telephone Discovery Conference. PARTIES TO CALL 1-888-363-4749; ACCESS CODE: 8651321; SECURITY CODE: 2010. (km) |
| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Discovery Conference held on 3/30/2016. Attorneys Ji-Yeon Suh and Regina Ripley appeared for Plaintiff. Attorneys Mark Byrne, Charles Turnbull, Kenneth Seibel and Marc Kaszubski appeared for Defendant. Written Order to follow. (Court Reporter Maryann Maffia (Official)) (km) |
| Filing 45 NOTICE: Telephone Discovery Conference RESET for 3/30/2016 11:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel may submit to the Court a brief summary of the discovery issue (no more than 2 pages) and email it to bowman_chambers@ohsd.uscourts.gov and copy opposing counsel nolater than 5:00 p.m. on 3/28/2016. (km) |
| Filing 44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim" by Plaintiff RLI 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) (Suh, Ji-Yeon) |
| Filing 43 NOTICE: Telephone Discovery Conference set for 3/24/2016 10:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel may submit to the Court a brief summary of the discovery issue (no more than 2 pages) and email it to bowman_chambers@ohsd.uscourts.gov and copy opposing counsel nolater than 5:00 p.m. on 3/22/2016. (km) |
| Set/Reset Cincinnati PPTO Deadlines: RLI and Fifth Third as Plaintiffs disclose experts by 5/6/2016 and initial reports from those experts by 7/11/2016. RLI as Counterclaim Defendant, Fifth Third as Defendant, and the Insurer Defendants disclose experts by 8/29/2016 and initial reports from those experts by 10/27/2016. All parties submit rebuttal expert reports by 12/2/2016. Discovery to be completed by 2/3/2017. (km) |
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NOTATION ORDER granting #42 Joint Motion for Extension of Time to Complete Discovery. The Court's Calendar Order of 3/12/2015 ( #31 in 1:14-cv-00802; doc. 35 in 1:14-cv-00869) is hereby AMENDED as follows: (1) RLI and Fifth Third as Plaintiffs disclose experts by 5/6/2016 and initial reports from those experts by 7/11/2016; (2) RLI as Counterclaim Defendant, Fifth Third as Defendant, and the Insurer Defendants disclose experts by 8/29/2016 and initial reports from those experts by 10/27/2016; (3) all parties submit rebuttal reports by 12/2/2016; (4) Discovery to be completed by 2/3/2017. The current dispositive motion deadline of 10/3/2016 remains unchanged. Signed by Magistrate Judge Stephanie K. Bowman on 2/19/2016. (km)
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| Filing 42 First MOTION for Extension of Time to Complete Discovery New date requested 2/3/2017. Agreed Motion On Behalf of All Parties in Case Nos. 14-802 and 14-869 by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) |
| Filing 41 NOTICE: Telephonic Informal Discovery Conference set for 12/8/2015 02:30 PM before Magistrate Judge Stephanie K. Bowman. Parties to call 1-888-363-4749; access code: 8651321; security code: 2010. Counsel may submit to the Court a brief summary of the discovery issue (no more than 2 pages) and email it to bowman_chambers@ohsd.uscourts.gov and copy opposing counsel no later than 5:00 p.m. the day prior to the conference. (km) |
| NOTICE of Hearing: VACATING the Telephonic Informal Discovery Conference set for 12/8/2015 02:30 PM before Magistrate Judge Stephanie K. Bowman. The Court has been advised that the parties have reached a resolution on the discovery issues and that the conference is no longer necessary. (km) |
| Filing 40 NOTICE to Take Deposition of RLI Insurance Company by Defendant Fifth Third Bancorp. (Attachments: #1 Exhibit A) (Byrne, Mark) |
| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: Discovery dispute held on 11/19/2015 (as it relates to both this matter and related matter 1:14-cv-00869). Attorneys Scott Schmookler, Robert Hojnoski, Mark Byrne, Brian Goldwasser, Charles Turnbull, Julia Gelinas and Christopher Losquadro participated in the call. Rule 30(b)(6) deposition of Plaintiff will take place on 12/9/2015, unless a more convenient date is agreed to by the parties. Defendants are not precluded from taking the 30(b)(6) designee's individual deposition at a later date. (Court Reporter Court Smart Digital Recording.) (km) |
| Filing 39 NOTICE: Telephonic Informal Discovery Conference set for 11/19/2015 09:30 AM before Magistrate Judge Stephanie K. Bowman. Counsel shall call 1-888-363-4749; access code: 8651321; security code: 2010. (km) |
| Filing 38 NOTICE by Plaintiff RLI Insurance Company DISCLOSURE OF FACT WITNESSES (Schmookler, Scott) |
| Filing 37 NOTICE by Defendant Fifth Third Bancorp OF FACT WITNESS DISCLOSURE (Byrne, Mark) |
| Filing 36 NOTICE to Take Deposition of RLI Insurance Company by Defendant Fifth Third Bancorp. (Attachments: #1 Exhibit A RLI's Privilege Log) (Byrne, Mark) |
| Filing 35 NOTICE by Defendant Fifth Third Bancorp re #34 Notice (Other) OF PROOF OF SERVICE OF SUBPOENA (Attachments: #1 Exhibit A Subpoena) (Byrne, Mark) |
| Filing 34 NOTICE by Defendant Fifth Third Bancorp OF ISSUANCE OF SUBPOENA TO RITA HILL (Attachments: #1 Exhibit A Subpoena) (Byrne, Mark) |
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Filing 33
STIPULATED PROTECTIVE ORDER REGARDING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL AND PRIVILEGED DOCUMENTS AND INFORMATION. Signed by Magistrate Judge Stephanie K. Bowman on 3/27/2015. (km1)
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Filing 32
SCHEDULING ORDER: DDL: 12/1/16; Motions deadline: 10/3/16; Final Pretrial Conference set for 3/28/2017 at 9:00 AM; Trial set for 4/10/2017 at 1:00 PM. Signed by Judge Sandra S Beckwith on 3/19/15. (mb)
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Filing 31
CALENDAR ORDER: Deadline to file motion to amend the pleadings and/or add parties: 9/30/2015. Deadline to file motions relative to the pleadings: 10/31/2015. Plaintiff RLI's and Plaintiff Fifth Third's disclosure of experts' identities pursuant to Rule 26(a)(2)(A): 3/7/2016. Reports from Plaintiff RLI's and Plaintiff Fifth Third's experts pursuant to Rule 26(a)(2)(B): 5/11/2016. Disclosure of experts from Defendant Fifth Third, Counterclaim Defendant RLI, and Defendants Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710 and B0509QA051310, Axis Insurance Company, Federal Insurance Company, and Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul Mercury Insurance Company expert(s), pursuant to Rule 26(a)(2)(A)-(B): 6/28/2016. Reports from Defendant Fifth Third, Counterclaim Defendant RLI, and Defendants Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710 and B0509QA051310, Axis Insurance Company, Federal Insurance Company, and Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul Mercury Insurance Company rebuttal expert(s): 8/28/2016. Rebuttal reports from all parties: 10/1/2016. Disclosure of all parties' non-expert (fact) witnesses: 11/1/2015. Fact Discovery deadline: 12/1/2016. Deadline to file dispositive motions :10/3/2016. The final pretrial and trial dates will be set on the calendar of Judge Beckwith. Signed by Magistrate Judge Stephanie K. Bowman on 3/12/2015. (km1)
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| Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Scheduling Conference held on 3/12/2015. Attorneys Mark Byrne, Kenneth Seibel, Charles Turnbull, Lawrence Scott, Marc Kaszubski, Robert Hojnoski, Brian Goldwasser, Christopher Losquadro and Christopher Novak present. Calendar Order to follow. Parties are to contact the Court to request a referral for settlement when desired. (km1) |
| Filing 30 NOTICE: Telephone Scheduling Conference set for 3/12/2015 10:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. (km1) |
| Filing 29 RULE 26(f) REPORT by Defendant Fifth Third Bancorp, Plaintiff RLI Insurance Company. (Byrne, Mark) Modified to include plaintiff as filer on 2/26/2015 (eh1). |
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NOTATION ORDER granting #28 Plaintiff's Third Unopposed Motion for Extension of Time Until 2/26/2015 to File Rule 26(f) Report. Signed by Magistrate Judge Stephanie K. Bowman on 2/20/2015. (km1)
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| Set/Reset Deadlines: Rule 26(f) Meeting Report due by 2/26/2015. (km1) |
| Filing 28 MOTION for Extension of Time New date requested 2/26/2015. Motion for Extension of Time to File Rule 26(f) Report by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) |
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Filing 27
ORDER:The Court will grant Fifth Thirds motion in part, and consolidate the cases for purposes of the Rule 26 conference,discovery and pre-trial scheduling. The Court will deny, without prejudice, Fifth Thirds motion to consolidate these cases for trial. Any party may seek to consolidate the actions for trial, if developments in the case warrant revisiting that issue. Fifth Thirds motion to consolidate (Doc. 19) is granted in part and denied in part. RLIs motion for leave to file a sur-reply (Doc. 25) is denied as moot. Signed by Judge Sandra S Beckwith on 2/17/2015. (jlw1)
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| Filing 26 RESPONSE in Opposition re #25 MOTION for Leave to File a Sur-Reply in Opposition to Fifth Third's Motion to Consolidate filed by Defendant Fifth Third Bancorp. (Byrne, Mark) |
| Filing 25 MOTION for Leave to File a Sur-Reply in Opposition to Fifth Third's Motion to Consolidate by Plaintiff RLI Insurance Company. (Attachments: #1 Exhibit (Proposed Sur-Reply)) (Suh, Ji-Yeon) |
| Filing 24 REPLY to Response to Motion re #19 MOTION to Consolidate Cases 1:14cv802 and 1:14cv869 filed by Defendant Fifth Third Bancorp. (Byrne, Mark) |
| Filing 23 RESPONSE in Opposition re #19 MOTION to Consolidate Cases 1:14cv802 and 1:14cv869 filed by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) |
| Set/Reset Deadlines: Rule 26(f) Meeting Report due by 2/19/2015. (km1) |
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NOTATION ORDER granting #22 Defendant's Second Unopposed Motion for Extension of Time Until 2/19/2015 to File Rule 26(f) Report of the Parties. Signed by Magistrate Judge Stephanie K. Bowman on 1/20/2015. (km1)
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| Filing 22 Second MOTION for Extension of Time to File New date requested 2/19/2015. TO EXTEND THE DATE FOR FEDERAL CIVIL RULE 26(f) FILING by Defendant Fifth Third Bancorp. (Byrne, Mark) |
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NOTATION ORDER granting #21 Joint Motion for Extension of Time. Plaintiff's response to the motion to consolidate is due by 1/20/15. Signed by Judge Sandra S Beckwith on 1/9/15. (mb)
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| Filing 21 Joint MOTION for Extension of Time to File Response re #19 Defendant's MOTION to Consolidate Cases 1:14cv802 and 1:14cv869 New date requested 1/20/2015. by Plaintiff RLI Insurance Company. (Attachments: #1 Exhibit Exh. 1 to Joint Stipulation, #2 Text of Proposed Order Proposed Order in Joint Stipulation) (Suh, Ji-Yeon) Modified Docket Text on 1/8/2015 (km1). |
| Set/Reset Deadlines: Rule 26(f) Meeting Report due by 1/20/2015. (km1) |
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NOTATION ORDER granting #20 Defendant's Unopposed Motion for Extension of Time Until 1/20/2015 to File Rule 26(f) Report. Signed by Magistrate Judge Stephanie K. Bowman on 12/22/2014. (km1)
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NOTATION ORDER granting #18 Motion to Unseal Complaint and other sealed documents. Signed by Judge Sandra S Beckwith on 12/22/14. (mb)
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| Filing 20 MOTION for Extension of Time to File New date requested 1/20/2015. TO EXTEND THE DATE FOR FEDERAL CIVIL RULE 26(f) FILING by Defendant Fifth Third Bancorp. (Byrne, Mark) |
| Filing 19 MOTION to Consolidate Cases 1:14cv802 and 1:14cv869 by Defendant Fifth Third Bancorp. (Byrne, Mark) |
| Filing 18 Unopposed MOTION to Unseal Document #7 Order on Motion to Seal, #2 MOTION to Seal filed by RLI Insurance Company by Defendant Fifth Third Bancorp. (Byrne, Mark) |
| Filing 17 Sealed Document. Answer to Counterclaim re #13 Answer, Affirmative Defenses, Counterclaim filed by Counter Defendant RLI Insurance Company. (eh1) |
| Filing 16 CERTIFICATE OF SERVICE by Defendant Fifth Third Bancorp re #15 Notice of Appearance (Byrne, Mark) |
| NOTICE by Clerk re #15 Notice of Appearance: This document was filed without a certificate of service which is required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filing use the Certificate of Service event found under Civil Events-Initial Pleadings and Service-Service of Process and link the event to the doc. #15 when prompted. (eh1) |
| Filing 15 NOTICE of Appearance by Kenneth Franklin Seibel for Defendant Fifth Third Bancorp (Seibel, Kenneth) |
| Filing 14 NOTICE of Deadline: Rule 26(f) Meeting Report due by 12/19/2014. (km1) |
| Filing 13 Sealed Document. Answer, Affirmative Defenses, Counterclaim and Demand for Jury Trial filed by Defendant Fifth Third Bancorp. (jee1) |
| Filing 12 WAIVER OF SERVICE Returned Executed. (Hojnoski, Robert) |
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Filing 11
ORDER granting [8-10] Motions for Leave for attorneys Schmookler, Ripley & Suh, to Pro Hac Vice as co-counsel for plaintiff. Signed by Judge Sandra S Beckwith on 10/23/14. (mb)
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| Filing 10 MOTION for Leave to Appear Pro Hac Vice of Ji Suh (Filing fee $ 200, receipt number 100CIN023375) by Plaintiff RLI Insurance Company. (Attachments: #1 Exhibit Certificate of Admission) (Hojnoski, Robert) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice of Regina Ripley (Filing fee $ 200, receipt number 100CIN023375) by Plaintiff RLI Insurance Company. (Attachments: #1 Exhibit Certificate of Admission) (Hojnoski, Robert) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice of Scott Schmookler (Filing fee $ 200, receipt number 100CIN023375) by Plaintiff RLI Insurance Company. (Attachments: #1 Exhibit Certificate of Admission) (Hojnoski, Robert) |
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Filing 7
ORDER granting #2 Plaintiff's Motion to File Complaint Under Seal. Signed by Magistrate Judge Stephanie K. Bowman on 10/14/2014. (km1)
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| This case is REFERRED to Mag. Judge Stephanie K. Bowman. (mb) |
| Filing 6 NOTICE of Appearance by Robert W Hojnoski for Plaintiff RLI Insurance Company (jlw1) |
| Filing 5 NOTICE of Appearance by Nathan Andrew Lennon for Plaintiff RLI Insurance Company (jlw1) |
| Filing 4 NOTICE of Appearance by Carrie Masters Starts for Plaintiff RLI Insurance Company (jlw1) |
| Filing 3 Corporate Disclosure Statement by Plaintiffs RLI Insurance Company, RLI Corp identifying Corporate Parent RLI Corp for RLI Insurance Company.. (jlw1) |
| Filing 2 MOTION to Seal Complaint by Plaintiff RLI Insurance Company. (jlw1) |
| Filing 1 Sealed Document. Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet) (jlw1) (Additional attachment(s) added on 10/10/2014: #5 Filing Fee Receipt) (jlw1). (jlw1). Modified to correct filing fee receipt on 10/10/2014 (jlw1). |
| Filing fee: $ 400.00, receipt number 100cin023317 (jlw1) Modified on 10/14/2014 (eh1). |
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