Cornerstone National Insurance Company v. Itule
Plaintiff: Cornerstone National Insurance Company
Defendant: James Itule
Case Number: 2:2013cv00292
Filed: February 11, 2013
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
County: XX US, Outside State
Presiding Judge: G Murray Snow
Nature of Suit: Contract: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Declaratory Judgment
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 24, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 24, 2014 Filing 64 SATISFACTION OF JUDGMENT re: #60 Clerks Judgment by Cornerstone National Insurance Company. (Elardo, John)
November 3, 2014 Filing 63 Taxation Judgment in amount of $723.50 against defendant. Signed by Chief Deputy Clerk Michael O'Brien on 11/3/14. (CSL)
October 14, 2014 Filing 62 BILL OF COSTS Corrected by Cornerstone National Insurance Company. (Attachments: #1 Exhibit A-B)(Elardo, John) Modified on 10/15/2014 (KMG).
October 13, 2014 Filing 61 BILL OF COSTS by Cornerstone National Insurance Company. (Attachments: #1 Exhibit A-B)(Elardo, John)
September 30, 2014 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)
September 30, 2014 Opinion or Order 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)
September 23, 2014 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).
September 23, 2014 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).
September 22, 2014 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)
September 17, 2014 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)
September 17, 2014 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).
September 17, 2014 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).
September 9, 2014 Opinion or Order 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)
August 22, 2014 Filing 51 NOTICE re: Filing Second Supplementa by Cornerstone National Insurance Company Disclosure Statement. (Elardo, John)
August 19, 2014 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).
July 25, 2014 Filing 49 NOTICE of Service of Discovery filed by Cornerstone National Insurance Company. (Elardo, John)
June 26, 2014 Filing 48 NOTICE of Service of Discovery filed by James Itule. (Howard, Thomas)
June 23, 2014 Filing 47 NOTICE of Service of Discovery filed by Cornerstone National Insurance Company. (Elardo, John)
June 23, 2014 Filing 46 NOTICE of Service of Discovery filed by Cornerstone National Insurance Company. (Elardo, John)
June 5, 2014 Opinion or Order 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)
May 21, 2014 Filing 44 MOTION for Extension of Time extend expert disclosure deadline by Cornerstone National Insurance Company. (Attachments: #1 Text of Proposed Order)(Elardo, John)
March 24, 2014 Filing 43 REPLY to Response to Motion re: #32 MOTION for Judgment on the Pleadings filed by Cornerstone National Insurance Company. (Elardo, John)
March 21, 2014 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).
March 13, 2014 Filing 41 REPORT of Settlement Talks/Discussions by Cornerstone National Insurance Company. (Elardo, John)
March 3, 2014 Opinion or Order 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)
February 28, 2014 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)
February 27, 2014 Filing 38 NOTICE by James Itule re: #36 Response to Motion of filing supplemental affidavit. (Attachments: #1 Affidavit)(Howard, Thomas)
February 24, 2014 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).
February 24, 2014 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).
January 15, 2014 Opinion or Order 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)
January 14, 2014 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)
January 8, 2014 Filing 33 NOTICE of Service of Discovery filed by Cornerstone National Insurance Company. (Elardo, John)
January 6, 2014 Filing 32 MOTION for Judgment on the Pleadings by Cornerstone National Insurance Company. (Elardo, John)
November 19, 2013 Filing 31 NOTICE of Service of Discovery filed by James Itule. (Howard, Thomas)
September 20, 2013 Filing 30 NOTICE re Service of Defendant's Initial Disclosure Statement by James Itule re #29 Scheduling Order . (Howard, Thomas)
September 16, 2013 Opinion or Order 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)
September 16, 2013 Opinion or Order 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.)
September 13, 2013 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).
September 13, 2013 Filing 26 REPORT of Rule 26(f) Planning Meeting by Cornerstone National Insurance Company. (Elardo, John)
August 23, 2013 Filing 25 Defendant's ANSWER to #1 Complaint with Jury Demand by James Itule.(Howard, Thomas)
August 12, 2013 Opinion or Order 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)
August 12, 2013 Opinion or Order Filing 23 ORDER that Defendant's Motion to Dismiss (Doc. #12 ) is DENIED. Signed by Judge G Murray Snow on 8/12/2013.(KMG)
May 21, 2013 Filing 22 RESPONSE in Opposition re #12 MOTION to Dismiss for Lack of Jurisdiction filed by Cornerstone National Insurance Company. (Elardo, John)
May 20, 2013 Opinion or Order 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)
May 20, 2013 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)
May 8, 2013 Filing 19 WITHDRAWAL OF DOCUMENT re #18 Stipulation by Plaintiff Cornerstone National Insurance Company. (Elardo, John)
May 3, 2013 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).
May 2, 2013 Filing 17 NOTICE re Certificate of Conferral by James Itule . (Howard, Thomas)
April 29, 2013 Opinion or Order 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)
April 26, 2013 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)
April 25, 2013 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)
April 22, 2013 Opinion or Order 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)
April 16, 2013 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).
April 5, 2013 Filing 11 AFFIDAVIT of David Wattel Acceptance and Waiver of Service for James Itule by Plaintiff Cornerstone National Insurance Company. (Elardo, John)
February 28, 2013 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)
February 28, 2013 Filing 9 Summons Reissued as to James Itule. (KMG)
February 27, 2013 Filing 8 SUMMONS Submitted by Cornerstone National Insurance Company. (Elardo, John)
February 27, 2013 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.
February 26, 2013 Filing 6 SUMMONS Submitted by Cornerstone National Insurance Company. (Elardo, John)
February 22, 2013 Filing 5 SUMMONS Submitted by Cornerstone National Insurance Company. (Elardo, John)
February 14, 2013 Opinion or Order 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)
February 11, 2013 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)
February 11, 2013 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)
February 11, 2013 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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Plaintiff: Cornerstone National Insurance Company
Represented By: John Albert Elardo
Represented By: Jonathan Lederer Sullivan
Represented By: Matthew Strong McLaughlin
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Defendant: James Itule
Represented By: David Edward Wattel
Represented By: Thomas J Howard
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