Ironshore Specialty Insurance Company v. Everest Indemnity Insurance Company
Plaintiff: Ironshore Specialty Insurance Company Individually and as Assignee of H&R Construction Surfacing Inc. and Ironshore Specialty Insurance Company
Defendant: Everest Indemnity Insurance Company
Case Number: 2:2020cv01652
Filed: February 20, 2020
Court: US District Court for the Central District of California
Presiding Judge: Andre Birotte
Referring Judge: Gail J Standish
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 2201 Declaratory Judgment (Insurance)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2022 Filing 84 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Motion of Ironshore for Summary Judgment #58 ; Defendant Everest Indemnity Insurance Company's Motion for Summary Judgment #60 . The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission. Court Reporter: Chia Mei Jui. (gk)
December 8, 2022 Filing 83 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Summary Judgment as to Ironshore's Amended Complaint #60 filed by Defendant Everest Indemnity Insurance Company. (Keaster, Robert)
October 25, 2022 Filing 82 Objection in opposition to re: NOTICE OF MOTION AND MOTION for Summary Judgment #58 Objection to the Declaration of Vogrin in Support of Ironshore's Reply in Support of Its MSJ filed by Defendant Everest Indemnity Insurance Company. (Keaster, Robert)
October 24, 2022 Opinion or Order Filing 81 (IN CHAMBERS) ORDER CONTINUING 1) MOTION OF IRONSHORE FOR SUMMARY JUDGMENT #58 ; and 2) DEFENDANT EVEREST INDEMNITY INSURANCE COMPANYS MOTION FOR SUMMARY JUDGMENT #60 by Judge Andre Birotte Jr. The hearing date regarding these motions is continued from November 4, 2022, to December 9, 2022, at 10:00 a.m. before Judge Andre Birotte Jr. SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
October 21, 2022 Filing 80 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to Ironshore's Amended Complaint #60 In Support of Everest's Reply filed by Defendant Everest Indemnity Insurance Company. (Attachments: #1 Exhibit 1)(Keaster, Robert)
October 21, 2022 Filing 79 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Ironshore's Amended Complaint #60 filed by Defendant Everest Indemnity Insurance Company. (Attachments: #1 Everest's Objections to Jonathan E. Dekel's Declaration in Support of Ironshore's Opposition to Everest's Summary Judgment Motion, #2 Everest's Objections to George Vogrin's Declaration in Support of Ironshore's Opposition to Everest's Summary Judgment Motion, #3 Declaration Declaration of Robert W. Keaster in Support of Defendant Everest Indemnity Insurance Company's Objections to the Declaration of George Vogrin in Support of Ironshore's Opposition to Everest's Summary Judgment Motion, #4 Exhibit 1, #5 Everest's Opposition to Ironshore's Request for Judicial Notice in Support of Ironshore's Opposition to Everest's Summary Judgment Motion)(Keaster, Robert)
October 21, 2022 Filing 78 REPLY In Further Support NOTICE OF MOTION AND MOTION for Summary Judgment #58 filed by Plaintiff Ironshore Specialty Insurance Company. (Attachments: #1 Declaration Declaration of George Vogrin in Support of Ironshore's Reply in Further Support of Motion for Summary Judgment, #2 Exhibit LL, #3 Exhibit MM, #4 Exhibit NN, #5 Exhibit OO, #6 Ironshore's Response to Everest's Objections to Evidence in Support of Ironshore's Motion for Summary Judgment, #7 Ironshore's Objections and Response to Everest's Statement of Genuine Issues in Opposition to Plaintiff's Motion for Summary Judgment)(Vogrin, George)
October 14, 2022 Filing 77 DECLARATION of Robert W. Keaster in opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #58 filed by Defendant Everest Indemnity 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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53)(Keaster, Robert)
October 14, 2022 Filing 76 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment #58 filed by Defendant Everest Indemnity 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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Keaster, Robert)
October 14, 2022 Filing 75 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #58 filed by Defendant Everest Indemnity Insurance Company. (Attachments: #1 Defendant Everest Indemnity Insurance Company's Statement of Genuine Issues in Opposition to Plaintiff's Motion for Summary Judgment, #2 Declaration Declaration of Michael Sirianni in Support of Defendant Everest Indemnity Insurance Company's Opposition to Plaintiff Ironshore Specialty Insurance Company's Motion for Summary Judgment, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Declaration Declaration of Allan J. Favish in Support of Defendant Everest Indemnity Insurance Company's Opposition to Ironshore's Motion for Summary Judgment, #11 Everest's Objections to Evidence in Support of Ironshore's Motion for Summary Judgment, #12 Defendant Everest Indemnity Insurance Company's Notice of Lodgment of Unpublished Authority in Support of Opposition to Plaintiff's Motion for Summary Judgment, #13 Exhibit A)(Keaster, Robert)
October 14, 2022 Filing 74 REQUEST FOR JUDICIAL NOTICE re MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #73 filed by Plaintiff Ironshore Specialty Insurance Company. (Attachments: #1 Exhibit CC, #2 Exhibit DD, #3 Exhibit II, #4 Exhibit JJ, #5 Exhibit KK)(Vogrin, George)
October 14, 2022 Filing 73 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Ironshore's Amended Complaint #60 filed by Plaintiff Ironshore Specialty Insurance Company. (Attachments: #1 Declaration Declaration of George J. Vogrin in Support of Opposition to Everest's Motion for Summary Judgment, #2 Exhibit CC, #3 Exhibit DD, #4 Exhibit EE, #5 Exhibit FF, #6 Exhibit GG, #7 Exhibit HH, #8 Exhibit II, #9 Exhibit JJ, #10 Exhibit KK, #11 Declaration Declaration of Jonathan E. Dekel in Support of Ironshore's Opposition to Everest's Motion for Summary Judgment, #12 Exhibit A, #13 Exhibit B, #14 Exhibit C, #15 Declaration D, #16 Exhibit E, #17 Statement of Genuine Issues in Support of Ironshore's Opposition to Everest's Motion for Summary Judgment)(Vogrin, George)
October 14, 2022 Filing 72 NOTICE OF MEDIATION DATE filed. Mediation set for November 7, 2022.(Lawler, Jean)
October 4, 2022 Filing 71 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Plaintiff's Motion for Summary Judgment filed 9/30/2022 #58 by Judge Andre Birotte Jr. The hearing date has been rescheduled to 11/4/2022 at 10:00 AM. (gk)
October 3, 2022 Filing 70 DECLARATION of Allan J. Favish in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Ironshore's Amended Complaint #60 Volume 7 of 7 filed by Defendant Everest Indemnity Insurance Company. (Attachments: #1 Exhibit 86, #2 Exhibit 87, #3 Exhibit 88, #4 Exhibit 89, #5 Exhibit 90, #6 Exhibit 91, #7 Exhibit 92, #8 Exhibit 93, #9 Exhibit 94, #10 Exhibit 95, #11 Exhibit 96, #12 Exhibit 97, #13 Exhibit 98, #14 Exhibit 99, #15 Exhibit 100, #16 Exhibit 101, #17 Exhibit 102, #18 Exhibit 103, #19 Exhibit 104, #20 Exhibit 105, #21 Exhibit 106, #22 Exhibit 107, #23 Exhibit 108, #24 Exhibit 109, #25 Exhibit 110, #26 Exhibit 111, #27 Exhibit 112, #28 Exhibit 113, #29 Exhibit 114, #30 Exhibit 115, #31 Exhibit 116, #32 Exhibit 117, #33 Exhibit 118, #34 Exhibit 119, #35 Exhibit 120, #36 Exhibit 121, #37 Exhibit 122)(Keaster, Robert)
October 3, 2022 Filing 69 DECLARATION of Allan J. Favish in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Ironshore's Amended Complaint #60 Volume 6 of 7 filed by Defendant Everest Indemnity Insurance Company. (Attachments: #1 Exhibit 71, #2 Exhibit 72, #3 Exhibit 73, #4 Exhibit 74, #5 Exhibit 75, #6 Exhibit 76, #7 Exhibit 77, #8 Exhibit 78, #9 Exhibit 79, #10 Exhibit 80, #11 Exhibit 81, #12 Exhibit 82, #13 Exhibit 83, #14 Exhibit 84, #15 Exhibit 85)(Keaster, Robert)
October 3, 2022 Filing 68 DECLARATION of Allan J. Favish in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Ironshore's Amended Complaint #60 Volume 5 of 7 filed by Defendant Everest Indemnity Insurance Company. (Attachments: #1 Exhibit 61, #2 Exhibit 62, #3 Exhibit 63, #4 Exhibit 64, #5 Exhibit 65, #6 Exhibit 66, #7 Exhibit 67, #8 Exhibit 68, #9 Exhibit 69, #10 Exhibit 70)(Keaster, Robert)
October 3, 2022 Filing 67 DECLARATION of Allan J. Favish in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Ironshore's Amended Complaint #60 Volume 4 of 7 filed by Defendant Everest Indemnity Insurance Company. (Attachments: #1 Exhibit 51, #2 Exhibit 52, #3 Exhibit 53, #4 Exhibit 54, #5 Exhibit 55, #6 Exhibit 56, #7 Exhibit 57, #8 Exhibit 58, #9 Exhibit 59, #10 Exhibit 60)(Keaster, Robert)
October 3, 2022 Filing 66 DECLARATION of Allan J. Favish in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Ironshore's Amended Complaint #60 Volume 3 of 7 filed by Defendant Everest Indemnity Insurance Company. (Attachments: #1 Exhibit 41, #2 Exhibit 42, #3 Exhibit 43, #4 Exhibit 44, #5 Exhibit 45, #6 Exhibit 46, #7 Exhibit 47, #8 Exhibit 48, #9 Exhibit 49, #10 Exhibit 50)(Keaster, Robert)
October 3, 2022 Filing 65 DECLARATION of Allan J. Favish in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Ironshore's Amended Complaint #60 Volume 2 of 7 filed by Defendant Everest Indemnity Insurance Company. (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 24, #5 Exhibit 25, #6 Exhibit 26, #7 Exhibit 27, #8 Exhibit 28, #9 Exhibit 29, #10 Exhibit 30, #11 Exhibit 31, #12 Exhibit 32, #13 Exhibit 33, #14 Exhibit 34, #15 Exhibit 35, #16 Exhibit 36, #17 Exhibit 37, #18 Exhibit 38, #19 Exhibit 39, #20 Exhibit 40)(Keaster, Robert)
October 3, 2022 Filing 64 DECLARATION of Allan J. Favish in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Ironshore's Amended Complaint #60 Volume 1 of 7 filed by Defendant Everest Indemnity 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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Keaster, Robert)
October 3, 2022 Filing 63 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION for Summary Judgment #58 . The following error(s) was/were found: The filer noticed this motion for Saturday, 11/5/2022 at 10:00 AM, however, has placed this matter on calendar for an available date of 11/4/2022 at 10:00 AM. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
September 30, 2022 Filing 62 DECLARATION of Allan J. Faviosh in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Ironshore's Amended Complaint #60 filed by Defendant Everest Indemnity Insurance Company. (Keaster, Robert)
September 30, 2022 Filing 61 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to Ironshore's Amended Complaint #60 filed by Defendant Everest Indemnity 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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Keaster, Robert)
September 30, 2022 Filing 60 NOTICE OF MOTION AND MOTION for Summary Judgment as to Ironshore's Amended Complaint filed by Defendant Everest Indemnity Insurance Company. Motion set for hearing on 11/4/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum Defendant Everest Indemnity Insurance Company's Memorandum of Points and Authorities in Support of Motion for Summary Judgment, #2 Statement of Undisputed Facts in Support of Defendant Everest Indemnity Insurance Company's Motion for Summary Judgment, #3 Declaration Declaration of Robert W. Keaster in Support of Defendant Everest Indemnity Insurance Company's Motion for Summary Judgment, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Declaration Declaration of Evan Baker in Support of Defendant Everest Indemnity Insurance Company's Motion for Summary Judgment, #30 Exhibit 1, #31 Exhibit 2, #32 Exhibit 3, #33 Exhibit 4, #34 Exhibit 5, #35 Exhibit 6, #36 Exhibit 7, #37 Exhibit 8, #38 Declaration Declaration of Michael Sirianni in Support of Defendant Everest Indemnity Insurance Company's Motion for Summary Judgment, #39 Exhibit A, #40 Exhibit B, #41 Declaration Declaration of Jonathan E. Dekel in Support of Defendant Everest Indemnity Insurance Company's Motion for Summary Judgment, #42 Exhibit A, #43 Exhibit B, #44 Exhibit C, #45 Defendant Everest Indemnity Insurance Company's Notice of Lodgment of Unpublished Authority in Support of Motion and Motion for Summary Judgment, #46 Exhibit A, #47 [Proposed] Statement of Uncontroverted Facts and Conclusions of Law, #48 [Proposed] Judgment, #49 Proposed Order [Proposed] Order Granting Defendant Everest Indemnity Insurance Company's Motion for Summary Judgment) (Keaster, Robert)
September 30, 2022 Filing 59 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment #58 filed by Plaintiff Ironshore Specialty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit E, #5 Exhibit J, #6 Exhibit P, #7 Exhibit S, #8 Exhibit W, #9 Exhibit X, #10 Exhibit Y, #11 Exhibit Z, #12 Exhibit AA)(Vogrin, George)
September 30, 2022 Filing 58 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff Ironshore Specialty Insurance Company. Motion set for hearing on 11/4/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of George J. Vogrin, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Declaration of Daniel Chonkich, #31 Exhibit 1, #32 Exhibit 2 - Part 1 of 2, #33 Exhibit 2 - Part 2 of 2, #34 Exhibit 3, #35 Declaration of Diane O. Palumbo, #36 Exhibit 4, #37 Exhibit 5, #38 Exhibit 6, #39 Exhibit 7, #40 Exhibit 8, #41 Statement of Undisputed Facts, #42 Memorandum of Points and Authorities, #43 Proposed Order) (Vogrin, George)
June 15, 2022 Opinion or Order Filing 57 ORDER APPROVING STIPULATION TO MODIFY SCHEDULING ORDER by Judge Andre Birotte Jr.: Upon Stipulation #56 , the Court hereby MODIFIES the remaining dates and deadlines in this case: Non-Expert Discovery cut-off 9/16/2022. Last Day to Hear Motions 11/4/2022. Deadline to complete settlement conference 11/18/2022. Trial Filings (first round) due by 1/6/2023. Trial Filings (second round) due by 1/13/2023. Final Pretrial Conference set for 1/27/2023 11:00 AM before Judge Andre Birotte Jr. Jury Trial set for 2/14/2023 08:30 AM before Judge Andre Birotte Jr. See document for further details. (gk)
June 8, 2022 Filing 56 Joint STIPULATION to Continue Scheduling Order Re: Order,, Set/Reset Deadlines/Hearings, #50 filed by Plaintiff and Defendant Ironshore Specialty Insurance Company. (Attachments: #1 Proposed Order)(Vogrin, George)
December 22, 2021 Filing 55 ANSWER to Amended Complaint/Petition,,,,,, #14 filed by Defendant Everest Indemnity Insurance Company.(Keaster, Robert)
December 15, 2021 Filing 54 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Jean M Lawler has been assigned to serve as Panel Mediator. (lst)
December 14, 2021 Filing 53 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Jean M. Lawler may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Ironshore Specialty Insurance Company(Vogrin, George)
December 8, 2021 Opinion or Order Filing 52 ORDER DENYING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FOURTH AND FIFTH CLAIMS by Judge Andre Birotte Jr.: The Court DENIES Defendant's Motion to Dismiss #43 . In particular, the Court: (1) DENIES Defendant's Motion to Dismiss Plaintiff's fourth cause of action, for breach of contract; (2) DENIES Defendant's Motion to Dismiss Plaintiff's fifth cause of action, for violation of Cal. Ins. Code Section 11580. (gk)
November 29, 2021 Opinion or Order Filing 51 (IN CHAMBERS) ORDER CONTINUING MOTION OF DEFENDANT EVEREST INDEMNITY INSURANCE COMPANY TO DISMISS PLAINTIFFS FOURTH AND FIFTH CLAIMS FOR RELIEF #43 by Judge Andre Birotte Jr. The hearing date regarding this motion is continued from December 3, 2021 to December 10, 2021 at 10:00 AM before Judge Andre Birotte Jr. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
November 23, 2021 Opinion or Order Filing 50 ORDER RE: JURY/COURT TRIAL I. SCHEDULE, II. TRIAL PREPARATION, III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: I. SCHEDULE: The Scheduling Order governing this case is set forth in the Schedule of Pretrial and Trial Dates chart below. Trial: Jury Trial: 11/15/2022 at 8:30 a.m., Final Pretrial Conference, Hearing on Motions in Limine: 10/28/2022 at 11:00 a.m. (see document for further details) (bm)
November 23, 2021 Opinion or Order Filing 49 ORDER/REFERRAL to ADR Procedure No 2 by Judge Andre Birotte Jr. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 8/19/2022. (cb)
November 23, 2021 Opinion or Order Filing 48 (IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the December 3, 2021, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
November 19, 2021 Filing 47 REPLY Support NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Fourth and Fifth Claims for Relief #43 filed by Defendant Everest Indemnity Insurance Company. (Keaster, Robert)
November 19, 2021 Filing 46 JOINT REPORT of Rule 26(f) Report filed by Plaintiff Ironshore Specialty Insurance Company. (Attachments: #1 Exhibit A - Schedule of Pretrial and Trial Dates Worksheet)(Vogrin, George)
November 12, 2021 Filing 45 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Fourth and Fifth Claims for Relief #43 filed by Plaintiff Ironshore Specialty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Vogrin, George)
November 5, 2021 Opinion or Order Filing 44 ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 12/3/2021 at 10:00 AM before Judge Andre Birotte Jr. (cb)
November 4, 2021 Filing 43 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Fourth and Fifth Claims for Relief filed by Defendant Everest Indemnity Insurance Company. Motion set for hearing on 12/3/2021 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum Defendant Everest Indemnity Insurance Company's Memorandum of Points and Authorities in Support of Motion to Dismiss Plaintiff's Fourth and Fifth Claims for Relief, #2 Proposed Order [Proposed] Order Granting Defendant Everest Indemnity Insurance Company's Motion to Dismiss Plaintiff's Fourth and Fifth Claims for Relief) (Keaster, Robert)
November 3, 2021 Opinion or Order Filing 42 ORDER REOPENING CASE AND SETTING BRIEFING SCHEDULE FOR EVEREST'S PROPOSED MOTION TO DISMISS by Judge Andre Birotte Jr. Ninth Circuit has reversed the Court's grant of Defendant Everest Indemnity Insurance Company (Everest)'s Motion to Dismiss and has remanded the case for reconsideration consistent with the Ninth Circuit's decision. Dkt. Nos. #35 and #36 . Therefore, the Court now REOPENS this case. The Court deems it proper to proceed by setting a briefing schedule for Everest's proposed Motion. Therefore, the briefing schedule for Everest's proposed Motion is as follows: 1. The Motion to Dismiss shall be due on November 5, 2021. 2. The Opposition shall be due on November 12, 2021. 3. The Reply shall be due on November 19, 2021. 4. The hearing on the Motion is set for December 3, 2021. See attached order for details. (Case reopened. MD JS-5.) (lom)
October 15, 2021 Filing 41 STATUS REPORT Jointly Filed by All Parties filed by Plaintiff Ironshore Specialty Insurance Company. (Vogrin, George)
October 12, 2021 Filing 40 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Defendant's Motion to Dismiss filed 10/6/2021 #38 . The document is stricken. (gk)
October 8, 2021 Filing 39 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Fourth and Fifth Claims for Relief #38 . The following error(s) was/were found: The case was closed on 7/21/2020. Following the Ninth Circuit Mandate, on 10/4/2021, the Court ordered the parties to meet and confer and file a Joint Status Report. Proposed order not submitted pursuant to Local Rule 52-4.1. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
October 6, 2021 Filing 38 [DOCUMENT STRICKEN PER RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS ON 10/12/2021, SEE DOCKET NO. 40] NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Fourth and Fifth Claims for Relief filed by Defendant Everest Indemnity Insurance Company. Motion set for hearing on 11/5/2021 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum Defendant Everest Indemnity Insurance Company's Memorandum of Points and Authorities in Support of Motion to Dismiss Plaintiff's Fourth and Fifth Claims for Relief) (Keaster, Robert) Modified on 10/12/2021 (gk).
October 4, 2021 Opinion or Order Filing 37 ORDER RE: JOINT STATUS REPORT by Judge Andre Birotte Jr.: The Ninth Circuit has reversed the Court's grant of Defendant's Motion to Dismiss #36 . The Court therefore ORDERS the parties to meet and confer and file within ten days of the issuance of this order a Joint Status Report addressing how they propose to proceed with this case. (gk)
September 22, 2021 Filing 36 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #33 , CCA # 20-55860. The judgment of this Court, entered August 31, 2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum #35 , REVERSED AND REMANDED.] (mat)
August 31, 2021 Filing 35 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #33 filed by Ironshore Specialty Insurance Company. CCA # 20-55860. The decision of the district court is reversed and remanded. (gk)
August 21, 2020 Filing 34 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55860 assigned to Notice of Appeal to 9th Circuit Court of Appeals #33 as to Plaintiff Ironshore Specialty Insurance Company. (gk)
August 19, 2020 Filing 33 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff-Appellant Ironshore Specialty Insurance Company. Appeal of Order on Motion to Dismiss Case,, #30 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-27704935.) (Vogrin, George)
August 5, 2020 Filing 32 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/10/20, 11:43 A.M re Transcript #31 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY
August 5, 2020 Filing 31 TRANSCRIPT for proceedings held on 7/10/20, 11:43 A.M. Court Reporter/Electronic Court Recorder: Chia Mei Jui, CSR, cmjui.csr@gmail.com, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through COURT REPORTER: Chia Mei Jui, CSR, cmjui.csr@gmail.com or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/26/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/3/2020. (Jui, Chia)
July 21, 2020 Opinion or Order Filing 30 ORDER GRANTING IN PART ANDDENYING IN PART DEFENDANT'S REQUEST FOR JUDICIAL NOTICE AND GRANTING IN FULL DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT #15 by Judge Andre Birotte Jr. For the foregoing reasons, the Court GRANTS in part and DENIES in part Defendant's Request for Judicial Notice (Dkt. No. 16), and GRANTS in full Defendant's Motion to Dismiss Plaintiff's First Amended Complaint (Dkt. No. 15). Plaintiff's five claims are all DISMISSED with prejudice. ( MD JS-6. Case Terminated ) (lom)
July 13, 2020 Filing 29 TRANSCRIPT ORDER as to Plaintiff, Ironshore Specialty Insurance Company for Court Reporter. Court will contact Daniela Aminfard at daminfard@vogrinfrimet.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Vogrin, George)
July 10, 2020 Filing 28 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Motion of Defendant Everest Indemnity Insurance Company to Dismiss First Amended Complaint #15 . The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission. Court Reporter: Chia Mei Jui. (gk)
July 9, 2020 Opinion or Order Filing 27 (IN CHAMBERS) ORDER CONTINUING HEARING TIME REGARDING MOTION OF DEFENDANT EVEREST INDEMNITY INSURANCE COMPANY TO DISMISS FIRST AMENDED COMPLAINT #15 by Judge Andre Birotte Jr. The hearing time regarding this motion is hereby continued from 10:00 a.m. to 11:00 a.m. on Friday, July 10, 2020, before Judge Andre Birotte Jr. The hearing will be telephonic. The Courtroom Deputy Clerk will email counsel the call-in information. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
June 23, 2020 Opinion or Order Filing 26 (IN CHAMBERS) ORDER CONTINUING MOTION OF DEFENDANT EVEREST INDEMNITY INSURANCE COMPANY TO DISMISS FIRST AMENDED COMPLAINT #15 by Judge Andre Birotte Jr. This Court, on its own motion, hereby continues the hearing date regarding this motion from June 26, 2020, to July 10, 2020, at 10:00 a.m. before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
June 12, 2020 Filing 25 REPLY Response to Plaintiffs Objections to Defendant's Request for Judicial Notice NOTICE OF MOTION AND MOTION to Dismiss Case #15 filed by Defendant Everest Indemnity Insurance Company. (Keaster, Robert)
June 12, 2020 Filing 24 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case #15 filed by Defendant Everest Indemnity Insurance Company. (Keaster, Robert)
June 5, 2020 Filing 23 OBJECTION TO DEFENDANT'S REQUEST FOR JUDICIAL NOTICE OF DOCUMENTS IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS re: NOTICE OF MOTION AND MOTION to Dismiss Case #15 filed by Plaintiff Ironshore Specialty Insurance Company. (Vogrin, George)
June 5, 2020 Filing 22 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #15 filed by Plaintiff Ironshore Specialty Insurance Company. (Vogrin, George)
May 26, 2020 Opinion or Order Filing 21 ORDER TO CONTINUE HEARING ON MOTION TO DISMISS by Judge Andre Birotte Jr.: Upon Stipulation #20 , it is hereby ORDERED that the hearing on Defendant's Motion to Dismiss #15 is continued to 6/26/2020 at 10:00 AM before Judge Andre Birotte Jr. Plaintiff's Opposition is due 6/5/2020 and Defendant's Reply is due on 6/12/2020. (gk)
May 22, 2020 Filing 20 STIPULATION for Hearing re NOTICE OF MOTION AND MOTION to Dismiss Case #15 filed by Plaintiff, Ironshore Specialty Insurance Company. (Attachments: #1 Proposed Order)(Vogrin, George)
May 21, 2020 Opinion or Order Filing 19 ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 9/4/2020 at 10:00 AM before Judge Andre Birotte Jr. (cb)
May 21, 2020 Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #15 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
May 20, 2020 Filing 17 NOTICE of Interested Parties filed by Defendant Everest Indemnity Insurance Company, identifying Everest Reinsurance Company, Everest Reinsurance Holdings, Inc., Everest Underwriting Group (Ireland) Limited, Everest Re Group, Ltd.. (Keaster, Robert)
May 20, 2020 Filing 16 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #15 filed by Defendant Everest Indemnity Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Keaster, Robert)
May 20, 2020 Filing 15 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Everest Indemnity Insurance Company. Motion set for hearing on 6/19/2020 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Defendant Everest Indemnity Insurance Company's Motion to Dismiss, #2 Exhibit Exhibit A) (Keaster, Robert)
May 6, 2020 Filing 14 FIRST AMENDED COMPLAINT against Defendant Everest Indemnity Insurance Company amending Complaint (Attorney Civil Case Opening),,,,, #1 , filed by Plaintiff Ironshore Specialty Insurance Company (Attachments: #1 Exhibit A - Coleman Declaration, #2 Exhibit B - Complaint in Case BC 558992, #3 Exhibit C - HOA Complaint in Case BC 610856, #4 Exhibit D - Everest Policy, #5 Exhibit E - Order Appointing Receiver, #6 Exhibit F - Ironshore Wrap Policy, #7 Exhibit G -Ironshore Excess Policy, #8 Exhibit H - Tender Letter to Everest, #9 Exhibit I - HOA Notice of Claim, #10 Exhibit J - New Claim/Tender of Defense Letter, #11 Exhibit K - Notice of Claim Letter, #12 Exhibit L - Letter regarding claim against Coleman, #13 Exhibit M - Complaint in Case BC 558992, #14 Exhibit N - Letter response to the tender, #15 Exhibit O - Ironshore's Intervention Complaint in Case BC 558992, #16 Exhibit P - Order Denying appointment of entity for insurance, #17 Exhibit Q - Complaint filed in Case BC 610856, #18 Exhibit R - Draft Standstill Agreement, #19 Exhibit S - Revised Draft Standstill Agreement, #20 Exhibit T - Executed Standstill Agreement, #21 Exhibit U - Notice of Settlement in Case BC 558992, #22 Exhibit V - Notice of Entry of Dismissal in Case BC 558992, #23 Exhibit W - Settlement Agreement, #24 Exhibit X - Order Approving Stipulation for Entry of Judgment, #25 Exhibit Y - Judgment in Case BC 558992, #26 Exhibit Z - Subcontract Agreement, #27 Exhibit AA - Certificate of Liability Insurance)(Vogrin, George)
April 2, 2020 Opinion or Order Filing 13 ORDER TO EXTEND TIME FOR DEFENDANT EVEREST INDEMNITY INSURANCE COMPANY TO RESPOND TO PLAINTIFF IRONSHORE'S COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) by Judge Andre Birotte Jr.: Upon Stipulation #12 , it is hereby ORDERED that Defendant Everest Indemnity Insurance Company's response to the Complaint is due no later than 5/8/2020. (gk)
April 2, 2020 Filing 12 STIPULATION Extending Time to Answer the complaint as to Everest Indemnity Insurance Company answer now due 5/8/2020, re Complaint (Attorney Civil Case Opening),,,,, #1 filed by Defendant Everest Indemnity Insurance Company. (Attachments: #1 Proposed Order [Proposed] Order to Extend Time For Everest to Respond to Ironshore's Complaint By Not More Than 30 Days (L.R. 8-3))(Attorney Robert W Keaster added to party Everest Indemnity Insurance Company(pty:dft))(Keaster, Robert)
April 1, 2020 Filing 11 PROOF OF SERVICE Executed by Plaintiff Ironshore Specialty Insurance Company, upon Defendant Everest Indemnity Insurance Company served on 3/17/2020, answer due 4/7/2020. Service of the Summons and Complaint were executed upon Commissioner of the Delaware Department of Insurance as agent for Everest Indemnity Insurance Company in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. (Vogrin, George)
March 11, 2020 Opinion or Order Filing 10 ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and General Order 19-03 -Related Case- filed. Related Case No: 2:17-cv-01704 AB(GJSx). Case referred from Magistrate Judge John E. McDermott to Magistrate Judge Gail J. Standish for Discovery. The case number will now read as follows: 2:20-cv-01652 AB(GJSx). Signed by Magistrate Judge Gail J. Standish. (rn)
February 24, 2020 Opinion or Order Filing 9 STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
February 24, 2020 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Everest Indemnity Insurance Company. (jtil)
February 21, 2020 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
February 21, 2020 Filing 6 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge John E. McDermott. (jtil)
February 21, 2020 Filing 5 NOTICE of Related Case(s) filed by Plaintiff Ironshore Specialty Insurance Company Individually and as Assignee of H&R Construction Surfacing Inc.. Related Case(s): 2:17-cv-01704-AB-GJS (Vogrin, George)
February 20, 2020 Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff Ironshore Specialty Insurance Company Individually and as Assignee of H&R Construction Surfacing Inc., identifying Ironshore Holdings (U.S.) Inc.; Liberty Mutual Insurance Company; Liberty Mutual Holding Company Inc.. (Vogrin, George)
February 20, 2020 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,,, #1 filed by Plaintiff Ironshore Specialty Insurance Company Individually and as Assignee of H&R Construction Surfacing Inc.. (Vogrin, George)
February 20, 2020 Filing 2 CIVIL COVER SHEET filed by Plaintiff Ironshore Specialty Insurance Company Individually and as Assignee of H&R Construction Surfacing Inc.. (Vogrin, George)
February 20, 2020 Filing 1 COMPLAINT Receipt No: ACACDC-25431558 - Fee: $400, filed by Plaintiff Ironshore Specialty Insurance Company Individually and as Assignee of H&R Construction Surfacing Inc.. (Attachments: #1 Exhibit A - Coleman Declaration, #2 Exhibit B - Complaint in Case BC 558992, #3 Exhibit C - HOA Complaint in Case BC 610856, #4 Exhibit D - Everest Policy, #5 Exhibit E - Order Appointing Receiver, #6 Exhibit F - Ironshore Wrap Policy, #7 Exhibit G -Ironshore Excess Policy, #8 Exhibit H - Tender Letter to Everest, #9 Exhibit I - HOA Notice of Claim, #10 Exhibit J - New Claim/Tender of Defense Letter, #11 Exhibit K - Notice of Claim Letter, #12 Exhibit L - Letter regarding claim against Coleman, #13 Exhibit M - Complaint in Case BC 558992, #14 Exhibit N - Letter response to the tender, #15 Exhibit O - Ironshore's Intervention Complaint in Case BC 558992, #16 Exhibit P - Order Denying appointment of entity for insurance, #17 Exhibit Q - Complaint filed in Case BC 610856, #18 Exhibit R - Notice of Settlement in Case BC 558992, #19 Exhibit S - Notice of Entry of Dismissal in Case BC 558992, #20 Exhibit T - Settlement Agreement, #21 Exhibit U - Order Approving Stipulation for Entry of Judgment, #22 Exhibit V - Judgment in Case BC 558992) (Attorney George J Vogrin added to party Ironshore Specialty Insurance Company Individually and as Assignee of H&R Construction Surfacing Inc.(pty:pla))(Vogrin, George)

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Defendant: Everest Indemnity Insurance Company
Represented By: Robert W Keaster
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Plaintiff: Ironshore Specialty Insurance Company Individually and as Assignee of H&R Construction Surfacing Inc.
Represented By: George J Vogrin
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Plaintiff: Ironshore Specialty Insurance Company
Represented By: George J Vogrin
Represented By: Craig G Kline
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