Century Indemnity Company v. The Marine Group, LLC et al
| Century Indemnity Company |
| The Marine Group, LLC, Northwest Marine, Inc. and Northwest Marine Iron Works |
| 3:2008cv01375 |
| November 21, 2008 |
| US District Court for the District of Oregon |
| Environmental Matters Office |
| Outside State |
| John V. Acosta |
| Defendant |
| Federal Question |
| 28:2201 Declaratory Judgement |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
950
OPINION and ORDER - Third-Party Plaintiffs' Motion 921 for Reconsideration of Discovery Ruling is DENIED and the prior Opinion and Order is affirmed as clarified in this Opinion and Order. The court also orders Third-Party Plaintiffs to prepare an order agreeable to all parties limiting production of requested documents to attorneys and experts only. DATED this 10th day of May, 2016, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
949
FINDINGS OF FACT and CONCLUSIONS OF LAW - Within 30 days of the entry of this Findings of Fact and Conclusions of Law each insurer shall calculate its share of those past costs which the parties agree are properly designated as defense costs, and reimburse Insureds and Argonaut for their proportional share of such costs. DATED this 6th day of May, 2016, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
911
OPINION and ORDER - The Marine Group's motion 877 to reconsider is DENIED. DATED this 7th day of January, 2016, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
899
OPINION and ORDER - St Paul's Motion 695 to Compel is GRANTED. DATED this 21st day of December, 2015, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
876
ORDER - GRANTING Defendants and Third-Party Plaintiffs The Marine Group, LLC, Northwest Marine Inc., and Northwest Marine Iron Works, and Third-Party Plaintiff BAE Systems San Diego Ship Repair, Inc's FRCP 41(a)(2) Unopposed Motion 874 to Dismiss Claims Against American Manufacturer's Mutual Insurance Company.IT IS HEREBY ORDERED that Third-Party Plaintiffs' claims against AMMI are dismissed without prejudice and without cost to any party. DATED this 23rd day of October, 2015, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
873
ORDER GRANTING Argonaut Insurance Company's FRCP 41(a)(2) Unopposed Motion 858 to Dismiss Counter-Claims Against American Manufacturer's Mutual Insurance Company. IT IS HEREBY ORDERED that Argonaut's cross-claims against AMMI are dismissed without prejudice and without cost to any party. DATED this 19th day of October, 2015, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
848
OPINION and ORDER - Granite State and ICSOP's motion 681 to exclude experts Robert Hughes and Dennis Connolly, Century Indemnity's motion 683 to exclude expert Robert Hughes and St. Paul's motion 709 to exclude experts Robert Hug hes and Dennis Connolly are GRANTED IN PART and DENIED IN PART. The portions of Connolly's and Hughes's respective reports described in the Opinion and Order (document attached to this ECF entry) are excluded, all parties are precluded from using at trial the excluded portions of their reports, and both witnesses are precluded from giving testimony on the excluded portions at trial. IT IS SO ORDERED. DATED this 13th day of October, 2015, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
820
OPINION and ORDER - Third-Party Plaintiffs' Motion 714 to Strike Expert Report of Allan Windt is GRANTED. The court strikes the Windt report and precludes all parties from using that report in this case. Windt is precluded from testifying at trial. IT IS SO ORDERED. DATED this 21st day of September, 2015, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
818
OPINION and ORDER - Third-Party Plaintiffs' Motion to Strike James Robertson as Improper Rebuttal Expert and Motion to Strike Barry Lapidus as Untimely Disclosed Expert 705 is GRANTED. The court strikes the Robertson and Lapidus reports and precludes all parties from using those reports in this case. Robertson and Lapidus are precluded from testifying at trial. IT IS SO ORDERED. DATED this 16th day of September, 2015, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
817
OPINION and ORDER - The motions for partial summary judgment on a current duty to defend filed by National Union 669 , Century 689 , Granite State 673 , and the Syndicate 676 are GRANTED. ICSOPs motion 685 for partial summary judgment on its c urrent duty to defend as excess insurer over the primary policies of Argonaut and Home is GRANTED. However, ICSOPs motion with regard to the lost St. Paul policies is premature and is DENIED as such. Centurys motion for partial summary judgment on In sureds status as an uninsured under the OECAA based on the self-insured retention is DENIED with leave to refile during the indemnity stage with regard to Insureds status as uninsured based on coverage provided by the Century Policies. Insureds motio n 693 for partial summary judgment on their status as uninsured under the OECAA from July 1, 1982, to February 28, 1987, is DENIED with leave to refile during the indemnity stage. Insureds motion 693 for partial summary judgment on the commercial availability of occurrence-based general liability insurance policies covering environmental claims after August 1, 1985, is DENIED. DATED this 11th day of September, 2015, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
815
OPINION and ORDER - National Union's requests 671 and 762 , Granite State's request 674 , and ICSOP's request 686 for judicial notice are granted. The court will consider the documents, where relevant, in ruling on the parties' respective motions for summary judgment. DATED this 31st day of August, 2015, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
648
OPINION and ORDER - Argonaut and Marine must first establish the expenses it seeks to recover are properly characterized as defense costs. In doing so, they may rely on the rebuttable presumption found in OR. REV. STAT. 465.480(7)(a). Once the expens es are properly identified as defense costs, Argonaut and Marine bear the burden of proof on the existence and amount of the claimed defenses costs, including documentation of the hours expended, and Insurers must present evidence the requested costs were unreasonable or unnecessary. With regard to independent counsel financed by Argonaut for Marine, Argonaut is entitled to rely on the statutory presumption found in OR. REV. STAT. 465.483(3)(a) that amounts paid to independent counsel and enviro nmental consultants as defensecosts at the regular and customary rates charged for environmental claims similar to the one at hand are reasonable. Marine is not entitled to recover pre-tender defense costs. Dated this 25th day of February, 2015, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
568
OPINION and ORDER - The Insureds motion 537 for an order finding the Insurers in contempt is DENIED. DATED this 29th day of October, 2013, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
447
OPINION AND ORDER - For the reasons stated, Century's Motion for Reconsideration 397 is DENIED. IT IS SO ORDERED. DATED this 3rd day of December, 2012, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
392
OPINION and ORDER - For the reasons stated, TPPs motion for summary judgment 298 is GRANTED in part and DENIED in part. Century's motion to strike 334 is DENIED. Argonaut's motionto join 302 is DENIED. Dated this 27th day of January, 2012, by U.S. Magistrate Judge John V. Acosta. (peg)
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Filing
294
ORDER Granting Motion 293 to Dismiss Claims against Third-Party Defendant Industrial Indemnity Company. Dated this 2nd dya of February, 2011, by U.S. Magistrate Judge John V. Acosta. (NOTE: Parties to submit JUDGMENT OF DISMISSAL of this party from this case in accordance with this order by 2/16/11). (peg)
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Filing
240
OPINION and ORDER - Argonauts Motion to Intervene(#219) is GRANTED. Dated this 6th day of October by US Magistrate Judge John V. Acosta. (*NOTE: Argonaut is to file their answer/counterclaim/crossclaim which is attached as an exhibit to their motion to intervene 219 by 10/12/10). (peg)
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Filing
145
OPINION AND ORDER - LMI's motion 119 to dismiss is GRANTED without prejudice with leave for third-party plaintiffs to replead. Signed on 9/29/09 by Magistrate Judge John V. Acosta. (peg)
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