Continental Casualty Company v. St. Paul Surplus Lines Insurance Company
Plaintiff: Continental Casualty Company
Defendant: St. Paul Surplus Lines Insurance Company
Case Number: 2:2007cv01744
Filed: August 24, 2007
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Presiding Judge: Morrison C. England
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Insurance Contract
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
June 19, 2015 Opinion or Order Filing 289 ORDER signed by District Judge Troy L. Nunley on 6/19/15 GRANTING 273 Motion for Clarification. The 270 Findings of Fact and Conclusions of Law is hereby AMENDED as follows: The Court finds that the SIR within St. Paul's insurance polic y was satisfied by Continental's $750,000 settlement payment on Crown's behalf. Accordingly, St. Paul is HEREBY ORDERED to reimburse Continental in the amount of $1,875,000, which represents 75% of the $2,500,000 paid by Continental from its umbrella policy. (Meuleman, A)
February 2, 2015 Opinion or Order Filing 288 ORDER signed by District Judge Troy L. Nunley on 1/30/15. The court hereby permits Cooper, Whit & Cooper LLP to withdraw as counsel. Attorney Robert C. Gebhardt terminated. (Manzer, C)
November 7, 2014 Opinion or Order Filing 283 ORDER signed by District Judge Troy L. Nunley on 11/6/2014 GRANTING defendant's 275 Ex Parte Application for temporary stay. Enforcement of 271 Judgment entered on 9/17/2014 is hereby STAYED until 10 days after entry of Order on St. Paul's 273 Motion for Clarification. (Marciel, M)
September 17, 2014 Opinion or Order Filing 270 FINDINGS of FACT and CONCLUSIONS of LAW signed by District Judge Troy L. Nunley on 9/16/14. The Court finds in favor of Plaintiff in the amount of $1,875,000, which represents 75% of the $2,500,000 paid by Continental from its umbrella policy. This award is subject to the obligation to satisfy the self-insured retention amount in the St. Paul policy. The Court DENIES Continental's request for prejudgment interest. The Clerk shall close the case. CASE CLOSED.(Meuleman, A)
October 30, 2013 Opinion or Order Filing 267 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/30/2013 ORDERING the Proposed Findings of Fact and Law shall be filed by 11/6/2013. (Donati, J)
September 12, 2013 Opinion or Order Filing 236 ORDER signed by District Judge Troy L. Nunley on 9/11/2013 GRANTING 196 Notice of Request to Seal Documents filed by Continental Casualty Company. (Zignago, K.)
March 11, 2013 Opinion or Order Filing 190 STIPULATION and ORDER for Settlement Referral signed by Magistrate Judge Carolyn K. Delaney on 3/11/2013. Settlement Conference set for 3/20/2013 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Owen, K)
December 11, 2012 Opinion or Order Filing 151 AMENDED STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/11/12 ORDERING that the last day to complete the deposition of George J. Stephan, Esq. is 12/20/2012. Any motions pertaining to the deposition of Attorney Stephan should be heard by 12/20/2012. The 146 Motion to Quash Deposition Subpoena from St. Paul Surplus Lines Insurance Company shall be set for hearing by Magistrate Brennan prior to 12/20/2012. (Donati, J)
November 13, 2012 Opinion or Order Filing 148 ORDER signed by Magistrate Judge Edmund F. Brennan on 11/13/12 ORDERING the motion to quash 146 , is denied without prejudice and the December 5, 2012 hearing thereon is vacated. (Matson, R)
October 24, 2012 Opinion or Order Filing 145 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 10/23/12 ORDERING that the last day for the parties to complete the percipient witness deposition previously noticed pursuant to subpoena by both parties of George J. Stephen, Esq. is CONTINUED to such later date as the parties and Stephan may agree, but no later than 11/16/2012. (Mena-Sanchez, L)
September 10, 2012 Opinion or Order Filing 135 STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 09/07/12 ORDERING that the last day for the parties to complete percipient depositions already noticed by the parties (Daniel Lambert, Mitchell Roberts, Lee Salazar, Continental 30(b)( 6), Thomas Coles and George Stephan) is CONTINUED to 10/15/12; the last day for the parties to disclose expert witnesses with reports is CONTINUED to 09/10/12; the last day for the parties to disclose supplemental expert witnesses with reports is CONTINUED to 09/24/12. (Benson, A.)
May 23, 2012 Opinion or Order Filing 133 STIPULATION and ORDER 132 to continue deadline signed by Judge John A. Mendez on 5/22/2012. Designation of Expert Witnesses due by 7/27/2012. The last day for parties to disclose Supplemental Expert Witnesses with reports is CONTINUED to 8/10/2012. (Marciel, M)
March 8, 2012 Opinion or Order Filing 131 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 3/7/12 ORDERING that the discovery cut-off will be extended by 30 days to Monday, April 23, 2012. (Becknal, R)
August 23, 2011 Opinion or Order Filing 129 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 8/22/11. (Mena-Sanchez, L)
March 22, 2011 Opinion or Order Filing 124 MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr. on 3/21/2011.Plaintiff Continentals 101 Motion for Partial Summary Judgmentas to priority of coverage is GRANTED. St. Pauls policy is primary, and to extent that Crown is liable for paym ents made by Continental to settle underlying wrongful death lawsuit. St. Pauls general liability policy insuring Crown will apply before any excess coverage under Continentals umbrella policy is triggered. Defendant St. Pauls 109 Motion for Summary Judgment is DENIED. (Marciel, M)
November 5, 2010 Opinion or Order Filing 122 ORDER signed by Judge Morrison C. England, Jr on 11/5/2010 ORDERING that St. Paul's 119 Ex Parte Application for leave to exceed page limits on summary judgment documents is GRANTED.(Duong, D)
September 14, 2010 Opinion or Order Filing 100 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 9/14/10 ORDERING that the hearing date for the parties' MOTIONS for SUMMARY JUDGMENT shall be 10/28/10, and the last day for any party to file and serve a Motion for Summary Judgment shall be 9/30/2010. (Mena-Sanchez, L)
August 3, 2010 Opinion or Order Filing 97 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 8/2/10: STIPULATION re deadline for filing motions for summary judgment is APPROVED.(Kaminski, H)
June 8, 2010 Opinion or Order Filing 92 ORDER granting continuance of Defendant's 6/10/2010 Motion for Reconsideration 81 to 7/22/2010 at 2:00 p.m. in Courtroom 7. Signed by Judge Morrison C. England, Jr. on 6/8/2010. (Deutsch, S)
May 27, 2010 Opinion or Order Filing 90 STIPULATION and ORDER 87 for continuance signed by Judge Morrison C. England, Jr. on 5/26/2010. Defendant St. Paul's 81 Motion for Reconsideration Hearing is RE-SET for 6/10/2010 at 02:00 PM in Courtroom 7 (MCE). (Marciel, M)
April 19, 2010 Opinion or Order Filing 84 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 4/16/10 GRANTING the extension of time for Deft's to re-file their Summary Judgment Motions. (Owen, K)
April 14, 2010 Opinion or Order Filing 77 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 04/13/10 ORDERING that the time for St. Paul to file its Request for Reconsideration By the District Court of Magistrate Judge's Ruling should be extend by three (3) days, through April 16, 2010. (Williams, D)
March 30, 2010 Opinion or Order Filing 73 ORDER signed by Magistrate Judge Edmund F. Brennan on 3/30/10 ORDERING that Continental's Motion to Compel production of documents 48 is GRANTED; Continental's Motion for Discovery sanctions 48 is DENIED; St. Paul's Motion for prot ective order 49 is DENIED; St. Paul's MOTION to Quash third-party subpoenas 42 is GRANTED in part and DENIED in part. The Motion of third parties Crown Equipment and George Stephan, to quash subpoenas issued against them 47 is GRANTED in part and DENIED in part; Continental's Motion for evidentiary sanctions 57 is GRANTED in part and DENIED in part; Defendant's Request for monetary sanctions 64 is DENIED. (Mena-Sanchez, L)
April 7, 2009 Opinion or Order Filing 71 ORDER Vacating Pending Scheduling Order Dates signed by Judge Morrison C. England, Jr on 4/6/09. All pending scheduling order dates are hereby VACATED. A new pre-trial status scheduling order will be issued once Magistrate Judge Brennan rules on the pending discovery motions.(Kastilahn, A)
January 20, 2009 Opinion or Order Filing 61 ORDER signed by Judge Morrison C. England, Jr on 1/20/2009 ORDERING 20 Given the length of time the Motions for Summary Judgment have already been pending, as well as the uncertainty concerning when the rulings on the discovery will in fact be fort hcoming, the Court hereby DISMISSES, without prejudice, said Motions 20 and 22 , with the directive that said Motions may be refiled, as necessary, not later than 20 days following the Magistrate Judge's disposition of the currently pending discovery motions. (Reader, L)
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Defendant: St. Paul Surplus Lines Insurance Company
Represented By: Marc Jason Derewetzky
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Plaintiff: Continental Casualty Company
Represented By: John E. Peer
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