Wojtunik v. Kealy, et al

Plaintiff: Henry J Wojtunik
Defendant: Joseph P Kealy, Terry W Beiriger and Anthony T Baumann
Garnishee: Carolina Casualty Insurance Company and TIG Insurance Company of Michigan
Case Number: 2:2003cv02161
Filed: November 5, 2003
Court: Arizona District Court
Office: Phoenix Division Office
County: XX US, Outside State
Presiding Judge: Paul G Rosenblatt
Nature of Suit: Securities/Commodities/Exchanges
Cause of Action: 15:78
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
September 28, 2012 340 Opinion or Order of the Court ORDER, TIG's Motion for Clarification of Order re: Burden of Proof 333 is denied; TIG's Motion to Re-Open Discovery 334 is granted as follows: (1) TIG may disclose Geoffrey Heineman as a witness; (2) TIG may depose Henry Wojtunik, Terry Beiriger, Stanley Feldman, and Colleen Reilly; (3) TIG may take any additional discovery that the parties agree may be taken; (4) All additional discovery must be completed no later than 1/31/13; (5) The parties, within ten business days of the comp letion of all additional discovery, shall notify the Court through a joint statement that discovery has been completed and that the Court may enter a scheduling order related to the bench trial of this action. Signed by Senior Judge Paul G Rosenblatt on 9/28/12. (REW)
March 31, 2011 325 Opinion or Order of the Court ORDER denying 229 TIG's Rule 12(c) Motion for Judgment on the Pleadings FURTHER ORDERED that Plaintiff-Judgment Creditor Henry J. Wojtunik's 242 Motion for Summary Judgment is granted to the extent that the Court finds that the "in sured v. insured" exclusion does not bar coverage under garnishee TIG Insurance Company of Michigan's policy, and it is denied in all other respects. FURTHER ORDERED denying 250 TIG's Motion for Summary Judgment Based Upon Defendants ' Breach of Cooperation Clause Duties to TIG (Dispositive Motion #1). FURTHER ORDERED denying 251 TIG's Motion for Summary Judgment re: "Insured v. Insured" Exclusion (Dispositive Motion #2). FURTHER ORDERED denying 252 that TIG's Motion for Summary Judgment re: Fraud Exclusion and Rescissory Damages (Dispositive Motion #3). FURTHER ORDERED denying without prejudice 246 Plaintiff-Judgment Creditor Henry J. Wojtunik's Motion in Limine to Exclude the Report and Testimony of FTI Consulting. FURTHER ORDERED denying without prejudice 290 Motion in Limine by Garnishee TIG Insurance re: Evidence and Testimony of Plaintiff's Expert Witness. FURTHER ORDERED denying 278 Plaintiff-Judgment Creditor's Motion to Amend or Correct his Response in Opposition to Garnishee TIG Insurance Company of Michigan's Motion for Judgment on the Pleadings. FURTHER ORDERED denying both Plaintiff-Judgment Creditor's Motions to Strike TIG's Supplementa l Facts and to Exclude Testimony (part of Doc. 305 ) and TIG Insurance Company of Michigan, Inc.'s Motion to Strike Plaintiff's Supplemental Facts in Support of Reply Brief Filed in Violation of Local Rule 56.1(b) (part of Doc. 317 ) FURT HER ORDERED granting 300 Plaintiff-Judgment Creditor Henry J. Wojtunik's Motion to File Under Seal as follows: (1) Clerk of the Court shall unseal docket entry 287 in its entirety, (2) all other documents previously lodged as sealed document s or temporarily sealed by court order shall remain sealed from public access, and (3) the parties shall file redacted versions of partially sealed documents as set forth in this Order no later than 5/16/11. FURTHER ORDERED that the parties, after th eir counsel have reasonably consulted with each other, shall no later than 5/16/11 file a joint report with the Court setting forth the parties' views regarding what further needs to be done to resolve the remainder of this action, the manner in which that resolution should take place, and a proposed schedule for accomplishing that resolution. Signed by Judge Paul G Rosenblatt on 3/31/11.(MAP)
March 26, 2009 186 Opinion or Order of the Court ORDER denying TIG Insurance Company's 161 Motion to Quash, or in the alternative, Stay Wojtunik's Writ of Garnishment; denying without prejudice Plaintiff-Judgment Creditor's 169 Motion for Partial Summary Judgment; denying as moot TIG Insurance Company's 177 Emergency Motion to Stay Brief, or in the alternative, Application for Relief and 183 Amended Rule 56(f) Application. Signed by Judge Paul G Rosenblatt on 3/26/09.(REW, )

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Plaintiff: Henry J Wojtunik
Represented By: Emil John Kotalik, Jr
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Defendant: Joseph P Kealy
Represented By: Richard Glenn Himelrick
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Defendant: Terry W Beiriger
Represented By: Richard Glenn Himelrick
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Defendant: Anthony T Baumann
Represented By: Steven A Schwartz
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Garnishee: Carolina Casualty Insurance Company
Represented By: Sara Marie Athen
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Garnishee: TIG Insurance Company of Michigan
Represented By: Douglas L Christian
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