Cornerstone National Insurance Company v. Itule
| Cornerstone National Insurance Company |
| James Itule |
| 2:2013cv00292 |
| February 11, 2013 |
| U.S. District Court for the District of Arizona |
| Phoenix Division Office |
| XX US, Outside State |
| G Murray Snow |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Defendant |
Docket Report
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This docket was last retrieved on November 24, 2014. A more recent docket listing may be available from PACER.
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| Filing 64 SATISFACTION OF JUDGMENT re: #60 Clerks Judgment by Cornerstone National Insurance Company. (Elardo, John) |
| Filing 63 Taxation Judgment in amount of $723.50 against defendant. Signed by Chief Deputy Clerk Michael O'Brien on 11/3/14. (CSL) |
| Filing 62 BILL OF COSTS Corrected by Cornerstone National Insurance Company. (Attachments: #1 Exhibit A-B)(Elardo, John) Modified on 10/15/2014 (KMG). |
| Filing 61 BILL OF COSTS by Cornerstone National Insurance Company. (Attachments: #1 Exhibit A-B)(Elardo, John) |
| Filing 60 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that, pursuant to the Court's Order filed September 30, 2014, judgment is entered in favor of Plaintiff and against Defendant. Cornerstone is granted its costs pursuant to A.R.S. 12-341.01. (LAD) |
Filing 59
ORDER granting #32 Motion for Judgment on the Pleadings. The Clerk of the Court is directed to TERMINATE this action and enter judgment accordingly. IT IS FURTHER ORDERED granting Cornerstone its costs pursuant to A.R.S. 12-341.01. (See document for full details). Signed by Judge G Murray Snow on 9/30/14. (LAD)
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| Filing 58 *RESPONSE BRIEF to Defendant's Supplemental re #55 Statement of Facts in Support of Response to Motion for Judgment on the Pleadings re #32 by Cornerstone National Insurance Company . (Elardo, John) *Modified to include text and document linkage on 9/24/2014 (KMG). |
| Filing 57 *RESPONSE BRIEF re #32 Judgment on the Pleadings (as Ordered re #52 ) by Cornerstone National Insurance Company . (Elardo, John) *Modified as to document linkage on 9/24/2014 (KMG). |
| Filing 56 RESPONSE to Motion re: #53 MOTION for Summary Judgment filed by James Itule. (Attachments: #1 Exhibit Expert Report of Attorney Frederick C. Berry, Jr. dated June 27, 2014)(Howard, Thomas) |
| Filing 55 SUPPLEMENT Defendant's Supplemental Separate Statement of Facts in Support of Response to Plaintiff Cornerstone's Motion for Judgment on the pleadings by Defendant James Itule. (Attachments: #1 Exhibit Exhibits 1 through 7 to Defendant's Supplemental Separate Statement of Facts in Support of Response to Plaintiff Cornerstone's Motion for Judgment on the pleadings, #2 Exhibit Exhibits 8 through 13 to Defendant's Supplemental Separate Statement of Facts in Support of Response to Plaintiff Cornerstone's Motion for Judgment on the pleadings)(Howard, Thomas) |
| Filing 54 *STATEMENT OF STIPULATED FACTS re: #53 BRIEF (Additional) re #32 MOTION for Judgment on the Pleadings by Cornerstone National Insurance Company. (Attachments: #1 Exhibit 1-11)(Elardo, John) *Modified to correct text on 9/18/2014 (KMG). |
| Filing 53 *BRIEF (Additional) re #32 MOTION for Judgment on the Pleadings by Cornerstone National Insurance Company. (Attachments: #1 Exhibit Exhibits 1-11)(Elardo, John) *Modified to correct event on 9/18/2014 (KMG). |
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Filing 52
ORDER that the parties have until September 17, 2014 to file additional material pertinent to the Court's review of Plaintiff's Motion for a Judgment on the Pleadings (Doc. #32 ) as a Motion for Summary Judgment. Written arguments and briefs must be limited to seven pages. IT IS FURTHER ORDERED that the parties have until September 23, 2014 to file any responses to the opposing parties' submissions. Written arguments and briefs for responses must be limited to five pages. Signed by Judge G Murray Snow on 9/9/2014. (KMG)
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| Filing 51 NOTICE re: Filing Second Supplementa by Cornerstone National Insurance Company Disclosure Statement. (Elardo, John) |
| Filing 50 *Notice of Attorney Substitution by Jonathan Lederer Sullivan terminating Matthew Strong McLaughlin by Cornerstone National Insurance Company. (Attachments: #1 Text of Proposed Order)(Elardo, John) *Modified to correct event on 8/20/2014 (KMG). |
| Filing 49 NOTICE of Service of Discovery filed by Cornerstone National Insurance Company. (Elardo, John) |
| Filing 48 NOTICE of Service of Discovery filed by James Itule. (Howard, Thomas) |
| Filing 47 NOTICE of Service of Discovery filed by Cornerstone National Insurance Company. (Elardo, John) |
| Filing 46 NOTICE of Service of Discovery filed by Cornerstone National Insurance Company. (Elardo, John) |
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Filing 45
ORDER granting the Joint Motion to Extend Expert Disclosure Deadlines (Doc. #44 ). The Case Management Order (doc. 29) is amended as follows: Plaintiff initial expert disclosure: June 23, 2014; Defendant initial expert disclosure: July 23, 2014; Rebuttal expert disclosures: August 22, 2014. All other dates in the Case Management Order shall remain the same. Signed by Judge G Murray Snow on 6/5/2014.(KMG)
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| Filing 44 MOTION for Extension of Time extend expert disclosure deadline by Cornerstone National Insurance Company. (Attachments: #1 Text of Proposed Order)(Elardo, John) |
| Filing 43 REPLY to Response to Motion re: #32 MOTION for Judgment on the Pleadings filed by Cornerstone National Insurance Company. (Elardo, John) |
| Filing 42 *REPLY to Response to Motion re: #32 MOTION for Judgment on the Pleadings filed by Cornerstone National Insurance Company. (Elardo, John) *Document is not in compliance with LRCiv 7.1(c) - text searchability; Attorney notified on 3/24/2014 (KMG). |
| Filing 41 REPORT of Settlement Talks/Discussions by Cornerstone National Insurance Company. (Elardo, John) |
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Filing 40
ORDER granting #39 Joint Motion to Extend Deadline and extending the deadline for good faith settlement negotiations to March 7, 2014. Signed by Judge G Murray Snow on 3/3/2014.(KFZ)
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| Filing 39 MOTION for Extension of Time to Conduct Good Faith Settlement Negotiations by Cornerstone National Insurance Company. (Attachments: #1 Text of Proposed Order)(Elardo, John) |
| Filing 38 NOTICE by James Itule re: #36 Response to Motion of filing supplemental affidavit. (Attachments: #1 Affidavit)(Howard, Thomas) |
| Filing 37 *STATEMENT of Facts re: #36 Response to Motion for Judgment on the Pleadings by Defendant James Itule. (Attachments: #1 Exhibit 1-12)(Howard, Thomas) *Document is not in compliance with LRCiv 7.1(c) - text searchability; Attorney notified on 2/25/2014 (KMG). |
| Filing 36 *RESPONSE to Motion re: #32 MOTION for Judgment on the Pleadings filed by James Itule. (Howard, Thomas) *Document is not in compliance with LRCiv 7.1(c) - text searchability; Attorney notified on 2/25/2014 (KMG). |
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Filing 35
ORDER granting #34 Stipulation for Briefing Schedule regarding Plaintiff's Motion for Judgment on the Pleadings #32 . The Response shall be due on February 27, 2014 and the Reply shall be due March 21, 2014. No further extensions will be granted. Signed by Judge G Murray Snow on 1/15/2014. (KFZ)
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| Filing 34 STIPULATION for briefing schedule regarding plaintiff's motion for judgment on the pleadings by James Itule. (Attachments: #1 Text of Proposed Order)(Howard, Thomas) |
| Filing 33 NOTICE of Service of Discovery filed by Cornerstone National Insurance Company. (Elardo, John) |
| Filing 32 MOTION for Judgment on the Pleadings by Cornerstone National Insurance Company. (Elardo, John) |
| Filing 31 NOTICE of Service of Discovery filed by James Itule. (Howard, Thomas) |
| Filing 30 NOTICE re Service of Defendant's Initial Disclosure Statement by James Itule re #29 Scheduling Order . (Howard, Thomas) |
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Filing 29
CASE MANAGEMENT ORDER: Discovery due by 10/31/2014. Dispositive motions due by 11/28/2014. (See attached order for full details). Signed by Judge G Murray Snow on 9/16/2013. (KFZ)
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Filing 28
IT IS ORDERED that the Scheduling Conference, presently set for 9/20/13 at 9:00 a.m. before Judge Snow is VACATED. A Case Management Order will follow. Ordered by Judge G Murray Snow. (GMS, ag)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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| Filing 27 *NOTICE of Service of Discovery re Initial Disclosure Statement by Cornerstone National Insurance Company. (Elardo, John) *Modified to New event on 9/16/2013 (KMG). |
| Filing 26 REPORT of Rule 26(f) Planning Meeting by Cornerstone National Insurance Company. (Elardo, John) |
| Filing 25 Defendant's ANSWER to #1 Complaint with Jury Demand by James Itule.(Howard, Thomas) |
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Filing 24
ORDER - Scheduling Conference is set for 9/20/2013 at 9:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Signed by Judge G Murray Snow on 8/12/2013. (KFZ)
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Filing 23
ORDER that Defendant's Motion to Dismiss (Doc. #12 ) is DENIED. Signed by Judge G Murray Snow on 8/12/2013.(KMG)
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| Filing 22 RESPONSE in Opposition re #12 MOTION to Dismiss for Lack of Jurisdiction filed by Cornerstone National Insurance Company. (Elardo, John) |
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Filing 21
ORDER granting #20 Stipulation to Extend the Deadline for Filing Response to Motion to Dismiss. Plaintiff shall have to and including, May 21, 2013, in which to respond to the Motion to Dismiss #12 . No further extensions shall be granted absent good cause. Signed by Judge G Murray Snow on 5/20/2013. (KFZ)
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| Filing 20 STIPULATION to Extend the Deadline for Filing Response to Motion to Dismiss by Cornerstone National Insurance Company. (Attachments: #1 Text of Proposed Order)(Elardo, John) |
| Filing 19 WITHDRAWAL OF DOCUMENT re #18 Stipulation by Plaintiff Cornerstone National Insurance Company. (Elardo, John) |
| Filing 18 WITHDRAWN by doc.#19...STIPULATION to Extend the Deadline for Filing Response to Motion to Dismiss by Cornerstone National Insurance Company. (Attachments: #1 Text of Proposed Order)(Elardo, John) Modified on 5/8/2013 (KMG). |
| Filing 17 NOTICE re Certificate of Conferral by James Itule . (Howard, Thomas) |
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Filing 16
ORDER that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to the filing of a motion to dismiss to determine whether it can be avoided. Consequently, motions to dismiss must contain a certification of conferral indicating that the parties have conferred to determine whether an amendment could cure a deficient pleading, and have been unable to agree that the pleading is curable by a permissible amendment. Motions to dismiss that do not contain the required certification are subject to be stricken on the Court's motion. IT IS HEREBY ORDERED that Defendant is directed to comply with the certification necessary to proceed with the Motion to Dismiss (Doc. #12 ) by filing a certification on or before May 6, 2013. Signed by Judge G Murray Snow on 4/29/2013. (KMG)
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| Filing 15 Minute Order: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge G. Murray Snow. All further pleadings/papers should now list the following COMPLETE case number: CV-13-292-PHX-GMS. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 14 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
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Filing 13
ORDER that Defendant James Itule shall execute and file within 14 days of the entry of this order his written election to either consent to the exercise of jurisdiction over this matter by a magistrate judge or a written election to have this case reassigned to a United States district judge. Signed by Magistrate Judge Mark E Aspey on 4/19/13. (MAP)
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| Filing 12 * MOTION to Dismiss for Lack of Jurisdiction by James Itule. (Attachments: #1 Exhibit Exhibit 1)(Howard, Thomas) *Document is not in compliance with LRCiv 7.1(c) - text searchability. Attorney notified on 4/17/2013 (KMG). |
| Filing 11 AFFIDAVIT of David Wattel Acceptance and Waiver of Service for James Itule by Plaintiff Cornerstone National Insurance Company. (Elardo, John) |
| Filing 10 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 9 Summons Reissued as to James Itule. (KMG) |
| Filing 8 SUMMONS Submitted by Cornerstone National Insurance Company. (Elardo, John) |
| Filing 7 Summons Issued as to James Itule. (KMG). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 6 SUMMONS Submitted by Cornerstone National Insurance Company. (Elardo, John) |
| Filing 5 SUMMONS Submitted by Cornerstone National Insurance Company. (Elardo, John) |
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Filing 4
ORDER that Plaintiff Cornerstone National Insurance Company shall execute and file within 14 days of the entry of this order its written election to either consent to the exercise of jurisdiction over this matter by a magistrate judge or a written election to have this case reassigned to a United States district judge. Signed by Magistrate Judge Mark E Aspey on 2/13/13. (MAP)
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| Filing 3 Filing fee paid, receipt number PHX 0970-7760195. This case has been assigned to the Honorable Mark E. Aspey. All future pleadings or documents should bear the correct case number: CV-13-00292-PHX-MEA. Magistrate Election form attached. (Attachments: #1 Magistrate Consent Form)(REK) |
| Filing 2 Corporate Disclosure Statement by Cornerstone National Insurance Company identifying Corporate Parent Cornerstone Management Partners Incorporated for Cornerstone National Insurance Company (submitted by John Elardo). (REK) |
| Filing 1 COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-7760195, filed by Cornerstone National Insurance Company (submitted by John Elardo). (Attachments: #1 Civil Cover Sheet)(REK) |
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