Netscape Communications Corporation et al v. Federal Insurance Company et al Featured Case

Netscape Communications Corporation and America Online Inc. sued the Federal Insurance Company, St. Paul Mercury Insurance Company, and Executive Risk Specialty Insurance Company over the refusal of defendants to defend and indemnify plaintiffs for a series of consumer privacy rights lawsuits concerning the surreptitious interception of electronic communications.

Plaintiff: Netscape Communications Corporation and American Online, Inc.
Defendant: St. Paul Mercury Insurance Company
Counter-claimant: St. Paul Mercury Insurance Company
Case Number: 5:2006cv00198
Filed: January 11, 2006
Court: US District Court for the Northern District of California
Office: San Jose Office
County: Santa Clara
Presiding Judge: Patricia V. Trumbull
Presiding Judge: James Ware
Nature of Suit: Insurance
Cause of Action: 28:1332 Diversity-Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 8, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2010 Opinion or Order Filing 254 RESPONSE to re 253 Order - Joint Supplemental Brief by American Online, Inc., Netscape Communications Corporation, St. Paul Mercury Insurance Company. (Abelson, Michael) (Filed on 8/16/2010)
August 6, 2010 Opinion or Order Filing 253 INTERIM ORDER Soliciting Supplemental Briefing re Plaintiffs Motion to Compel and Continuing Hearing. Signed by Judge Patricia V. Trumbull on 8/6/10. (pvtlc1) (Filed on 8/6/2010)
July 19, 2010 Opinion or Order Filing 252 NOTICE by American Online, Inc., Netscape Communications Corporation of Ruling by District Court Regarding Choice of Law and Related Issues (Abelson, Michael) (Filed on 7/19/2010)
July 16, 2010 Opinion or Order Filing 251 ORDER GRANTING IN PART AND DENYING IN PART THE PARTIES VARIOUS MOTIONS TO EXCLUDE EXPERT TESTIMONYgranting 209 Motion in Limine; granting in part and denying in part 210 Motion to Strike (jwlc3, COURT STAFF) (Filed on 7/16/2010)
July 13, 2010 Opinion or Order Filing 250 RE-NOTICE of Motion Hearing re: 232 Motion to Compel (Abelson, Michael) related document 249 clerk notice (Filed on 7/13/2010) Modified on 7/14/2010,(counsel selected incorrect event.) (cv, COURT STAFF).
July 12, 2010 Opinion or Order Filing 249 CLERKS NOTICE Continuing 232 Motion to Compel 207 Hearing from 7/13/2010 to 7/20/2010 10:00 AM in Courtroom 5, 4th Floor, San Jose. (sp, COURT STAFF) (Filed on 7/12/2010) Modified on 7/14/2010 (cv, COURT STAFF).
July 6, 2010 Opinion or Order Filing 248 ORDER Granting 247 Motion to Remove Incorrectly Filed Document. The clerk is instructed to remove Document No. 224 from the docket of Case No. 5:06-CV-00198 JW (PVT). Signed by Judge James Ware on 7/6/2010. (ecg, COURT STAFF) (Filed on 7/6/2010)
July 2, 2010 Opinion or Order Filing 247 MOTION to Remove Incorrectly Filed Document No. 224 from Docket - No Hearing Required filed by American Online, Inc., Netscape Communications Corporation. (Attachments: # 1 Proposed Order)(Abelson, Michael) (Filed on 7/2/2010)
July 2, 2010 Opinion or Order Filing 246 CORRECTED REDACTED VERSION 224 opposition to motion to strike. (Abelson, Michael) (Filed on 7/2/2010) Modified on 7/14/2010 (cv, COURT STAFF).
July 2, 2010 Opinion or Order Filing 245 RESPONSE in Support re 210 MOTION to Strike Opinions and Exclude Testimony of Plaintiffs' Designated Experts Barry Zalma and George Miller filed bySt. Paul Mercury Insurance Company. (Celebrezze, Bruce) (Filed on 7/2/2010)
July 2, 2010 Opinion or Order Filing 244 Proposed Order re 210 Defendant St. Paul Mercury Insurance Companys Motion To Strike Opinions and Exclude Testimony of Plaintiffs' Designated Experts Barry Zalma and George Miller by St. Paul Mercury Insurance Company. (Celebrezze, Bruce) (Filed on 7/2/2010) Modified on 7/6/2010 counsel failed to link entry to document #210 (dhm, COURT STAFF).
July 2, 2010 Opinion or Order Filing 243 Request for Judicial Notice re 240 Reply in Support of Motion to Exclude the Report and Testimony of St. Paul's Designated Expert Mark R. Newton filed by American Online, Inc., Netscape Communications Corporation. (Related document(s) 240 ) (Abelson, Michael) (Filed on 7/2/2010) Modified text on 7/6/2010 (dhm, COURT STAFF).
July 2, 2010 Opinion or Order Filing 242 Declaration of Bruce D. Celebrezze in Support of 210 MOTION to Strike Opinions and Exclude Testimony of Plaintiffs' Designated Experts Barry Zalma and George Miller filed bySt. Paul Mercury Insurance Company. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H)(Related document(s) 210 ) (Celebrezze, Bruce) (Filed on 7/2/2010)
July 2, 2010 Opinion or Order Filing 241 Supplemental Declaration of Michael Bruce Abelson in Support of 240 Reply Memorandum re: Motion to Exclude the Report and Testimony of St. Paul's Designated Expert Mark R. Newton filed by American Online, Inc., Netscape Communications Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 240 ) (Abelson, Michael) (Filed on 7/2/2010) Modified text on 7/6/2010 (dhm, COURT STAFF).
July 2, 2010 Opinion or Order Filing 240 Reply Memorandum re 209 MOTION in Limine / Exclude the Report and Testimony of St. Paul's Designated Expert Mark R. Newton filed byAmerican Online, Inc., Netscape Communications Corporation. (Abelson, Michael) (Filed on 7/2/2010)
July 2, 2010 Opinion or Order Filing 239 *** FILED IN ERROR. PLEASE SEE DOCKET # 245 . *** RESPONSE in Support re 210 MOTION to Strike Opinions and Exclude Testimony of Plaintiffs' Designated Experts Barry Zalma and George Miller filed bySt. Paul Mercury Insurance Company. (Celebrezze, Bruce) (Filed on 7/2/2010) Modified on 7/6/2010 (ewn, COURT STAFF).
July 1, 2010 Opinion or Order Filing 238 MOTION to Remove Incorrectly Filed Document No. 216 filed by St. Paul Mercury Insurance Company. (Attachments: # 1 Proposed Order)(Celebrezze, Bruce) (Filed on 7/1/2010)
July 1, 2010 Opinion or Order Filing 237 REDACTION and Correction to 232 Plaintiffs' Motion to Compel . (Abelson, Michael) (Filed on 7/1/2010) Modified on 7/1/2010 (cv, COURT STAFF).
July 1, 2010 Opinion or Order Filing 236 REDACTION and Correction to [231-1] Supplemental Declaration of Michael Bruce Abelson . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E - FILED UNDER SEAL, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Abelson, Michael) (Filed on 7/1/2010) Modified on 7/1/2010 (cv, COURT STAFF).
July 1, 2010 Opinion or Order Filing 235 REDACTION and Correction to 230 Reply to Opposition . (Abelson, Michael) (Filed on 7/1/2010) Modified on 7/1/2010 (cv, COURT STAFF).
July 1, 2010 Opinion or Order Filing 234 REDACTION and Correction to 216 Memorandum in Opposition,. (Celebrezze, Bruce) (Filed on 7/1/2010) Modified on 7/1/2010 (cv, COURT STAFF).
June 30, 2010 Opinion or Order Filing 233 MOTION to Remove Incorrectly Filed Document - Request for Removal of Documents 230, 231-Attachment 1, and 232 from Docket - No Hearing Required filed by American Online, Inc., Netscape Communications Corporation. (Attachments: # 1 Proposed Order)(Abelson, Michael) (Filed on 6/30/2010)
June 29, 2010 Opinion or Order Filing 232 *** FILED IN ERROR. DOCUMENT LOCKED. DOCUMENT TO BE REFILED LATER. *** MOTION to Compel REDACTED VERSION OF BRIEF SUBMITTED TO COURT (relating Administrative Motion to File Under Seal E-Filed on 06/08/2010) filed by American Online, Inc., Netscape Communications Corporation. Motion Hearing set for 7/13/2010 10:00 AM in Courtroom 5, 4th Floor, San Jose. (Abelson, Michael) (Filed on 6/29/2010) Modified on 7/1/2010 (ewn, COURT STAFF).
June 29, 2010 Opinion or Order Filing 231 Administrative Motion to File Under Seal Plaintiffs' Reply to St. Paul's Opposition to Motion to Compel and Supplemental Declaration of Michael Bruce Abelson in Support Thereof filed by American Online, Inc., Netscape Communications Corporation. Motion Hearing set for 7/13/2010 10:00 AM in Courtroom 5, 4th Floor, San Jose. (Attachments: # 1 REDACTED VERSION - Supplemental Declaration of Michael Bruce Abelson, # 2 Proposed Order)(Abelson, Michael) (Filed on 6/29/2010)
June 29, 2010 Opinion or Order Filing 230 *** FILED IN ERROR. DOCUMENT LOCKED. DOCUMENT TO BE REFILED LATER. *** Reply to Opposition re 221 Administrative Motion to File Under Seal (St. Paul's Opposition to) Plaintiffs' Motion to Compel - REDACTED VERSION filed byAmerican Online, Inc., Netscape Communications Corporation. (Abelson, Michael) (Filed on 6/29/2010) Modified on 7/1/2010 (ewn, COURT STAFF).
June 28, 2010 Opinion or Order Filing 229 Declaration of James C. Zacharski in Support of 226 Memorandum in Opposition filed bySt. Paul Mercury Insurance Company. (Attachments: # 1 Exhibit A (Part 1 of 7), # 2 Exhibit A (Part 2 of 7), # 3 Exhibit A (Part 3 of 7), # 4 Exhibit A (Part 4 of 7), # 5 Exhibit A (Part 5 of 7), # 6 Exhibit A (Part 6 of 7), # 7 Exhibit A (Part 7 of 7))(Related document(s) 226 ) (Celebrezze, Bruce) (Filed on 6/28/2010)
June 28, 2010 Opinion or Order Filing 228 Declaration of Nicholas Heldt in Support of 226 Memorandum in Opposition filed bySt. Paul Mercury Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 226 ) (Celebrezze, Bruce) (Filed on 6/28/2010)
June 28, 2010 Opinion or Order Filing 227 Request for Judicial Notice re 226 Memorandum in Opposition filed bySt. Paul Mercury Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 226 ) (Celebrezze, Bruce) (Filed on 6/28/2010)
June 28, 2010 Opinion or Order Filing 226 Memorandum in Opposition re 209 MOTION in Limine / Exclude the Report and Testimony of St. Paul's Designated Expert Mark R. Newton filed bySt. Paul Mercury Insurance Company. (Celebrezze, Bruce) (Filed on 6/28/2010)
June 28, 2010 Opinion or Order Filing 225 Administrative Motion to File Under Seal UNREDACTED VERSION OF Opposition To St. Pauls Motion To Strike Opinions And Exclude Testimony of Plaintiffs Designated Experts Barry Zalma And George Miller filed by American Online, Inc., Netscape Communications Corporation. Motion Hearing set for 7/19/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Declaration of Michael Bruce Abelson, # 2 Proposed Order)(Abelson, Michael) (Filed on 6/28/2010)
June 28, 2010 Opinion or Order Filing 224 Memorandum in Opposition re 210 MOTION to Strike Opinions and Exclude Testimony of Plaintiffs' Designated Experts Barry Zalma and George Miller - REDACTED VERSION filed byAmerican Online, Inc., Netscape Communications Corporation. (Abelson, Michael) (Filed on 6/28/2010) (sp, COURT STAFF). Pursuant to Order 248 , document removed. Modified on 7/7/2010 (sp, COURT STAFF).
June 24, 2010 Opinion or Order Filing 223 ORDER DENYING 213 Second and Superseding [Proposed] Order and Joint Stipulation Continuing Hearing. Motion and Pretrial hearing remain as previously set for 7/19/2010 at 09:00 AM and 11:00 AM respectively. Signed by Judge James Ware on 6/24/2010. (ecg, COURT STAFF) (Filed on 6/24/2010)
June 22, 2010 Opinion or Order Filing 222 Declaration of Jason J. Chorley in Support of 221 Administrative Motion to File Under Seal filed bySt. Paul Mercury Insurance Company. (Related document(s) 221 ) (Celebrezze, Bruce) (Filed on 6/22/2010)
June 22, 2010 Opinion or Order Filing 221 Administrative Motion to File Under Seal filed by St. Paul Mercury Insurance Company. (Attachments: # 1 Proposed Order)(Celebrezze, Bruce) (Filed on 6/22/2010)
June 22, 2010 Opinion or Order Filing 220 Declaration of Sara Thorpe in Support of 216 Memorandum in Opposition to Plaintiffs' Motion to Compel filed bySt. Paul Mercury Insurance Company. (Related document(s) 216 ) (Celebrezze, Bruce) (Filed on 6/22/2010)
June 22, 2010 Opinion or Order Filing 219 Declaration of Aaron Latto in Support of 216 Memorandum in Opposition to Plaintiffs' Motion to Compel filed bySt. Paul Mercury Insurance Company. (Related document(s) 216 ) (Celebrezze, Bruce) (Filed on 6/22/2010)
June 22, 2010 Opinion or Order Filing 218 Declaration of James C. Zacharski in Support of 216 Memorandum in Opposition to Plaintiffs' Motion to Compel filed bySt. Paul Mercury Insurance Company. (Related document(s) 216 ) (Celebrezze, Bruce) (Filed on 6/22/2010)
June 22, 2010 Opinion or Order Filing 217 Declaration of Bruce D. Celebrezze in Support of 216 Memorandum in Opposition to Plaintiffs' Motion to Compel filed bySt. Paul Mercury Insurance Company. (Related document(s) 216 ) (Celebrezze, Bruce) (Filed on 6/22/2010)
June 22, 2010 Opinion or Order Filing 216 *** FILED IN ERROR WITH CONFIDENTIAL INFORMATION. DOCUMENT LOCKED. DOCUMENT TO BE REFILED LATER. *** Memorandum in Opposition re 207 Administrative Motion to File Under Seal Plaintiffs' Motion to Compel filed bySt. Paul Mercury Insurance Company. (Celebrezze, Bruce) (Filed on 6/22/2010) Modified on 7/1/2010 (feriab, COURT STAFF).
June 21, 2010 Opinion or Order Filing 215 CLERKS NOTICE CONTINUING PRELIMINARY PRETRIAL CONFERENCE. Joint Pretrial Conference statement due 7/9/2010. Preliminary Pretrial Conference set for 7/19/2010 11:00 AM in Courtroom 8, 4th Floor, San Jose. (ecg, COURT STAFF) (Filed on 6/21/2010)
June 21, 2010 Opinion or Order Filing 214 ORDER Denying Stipulation to Continue Hearing re 212 Proposed Order. The hearing remains as previously calendared for 7/19/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 6/21/2010. (ecg, COURT STAFF) (Filed on 6/21/2010)
June 18, 2010 Opinion or Order Filing 213 Proposed Order Second and Superseding [Proposed] Order and Joint Stipulation Continuing Hearing of Expert Exclusion Motions Set for July 19, 2010 by American Online, Inc., Netscape Communications Corporation, St. Paul Mercury Insurance Company. (Abelson, Michael) (Filed on 6/18/2010)
June 17, 2010 Opinion or Order Filing 212 Proposed Order and Joint Stipulation Continuing Hearing of Expert Exclusion Motions Set for July 19, 2010 by American Online, Inc., Netscape Communications Corporation, St. Paul Mercury Insurance Company. (Abelson, Michael) (Filed on 6/17/2010)
June 15, 2010 Opinion or Order Filing 211 Pretrial Conference Statement by American Online, Inc., Netscape Communications Corporation, St. Paul Mercury Insurance Company Joint Preliminary Pretrial and Trial Setting Conference Statement. (Attachments: # 1 Proposed Order)(Abelson, Michael) (Filed on 6/15/2010)
June 14, 2010 Opinion or Order Filing 210 MOTION to Strike Opinions and Exclude Testimony of Plaintiffs' Designated Experts Barry Zalma and George Miller filed by St. Paul Mercury Insurance Company. Motion Hearing set for 7/19/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Declaration of Nick W. Heldt, # 2 Exhibit Exhibit A to Declaration of Nick W. Heldt, # 3 Exhibit Exhibit B to Declaration of Nick W. Heldt, # 4 Exhibit Exhibit C to Declaration of Nick W. Heldt, # 5 Exhibit Exhibit D to Declaration of Nick W. Heldt)(Celebrezze, Bruce) (Filed on 6/14/2010)
June 14, 2010 Opinion or Order Filing 209 MOTION in Limine / Exclude the Report and Testimony of St. Paul's Designated Expert Mark R. Newton filed by American Online, Inc., Netscape Communications Corporation. Motion Hearing set for 7/19/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Declaration of Michael Bruce Abelson)(Abelson, Michael) (Filed on 6/14/2010)
June 8, 2010 Opinion or Order Filing 207 Administrative Motion to File Under Seal Motion to Compel, and Declaration of Michael Bruce Abelson, filed on 6/8/10. filed by American Online, Inc., Netscape Communications Corporation. Motion Hearing set for 7/13/2010 10:00 AM in Courtroom 5, 4th Floor, San Jose. (Attachments: # 1 Declaration and Exhibits A - E, # 2 Exhibits F - H to Declaration, # 3 Proposed Order)(Abelson, Michael) (Filed on 6/8/2010) Modified on 6/15/2010 (cv, COURT STAFF). Modified on 7/14/2010 (cv, COURT STAFF).
June 7, 2010 Opinion or Order Filing 208 Received Notice of Lodging and Service of Plaintiffs' Rebuttal Expert Witness Disclosures Pursuant to FRCP 26(a)(2)(B); Written Expert Reports by American Online, Inc., Netscape Communications Corporation (srm, COURT STAFF) (Filed on 6/7/2010)
May 10, 2010 Opinion or Order Filing 206 ORDER Granting 205 Motion to Substitute Attorney. Attorney Sara Mary Thorpe; Olivia Jeanne Bradbury and David Christopher Kerby terminated. Signed by Judge James Ware on 5/10/2010. (ecg, COURT STAFF) (Filed on 5/10/2010)
May 4, 2010 Opinion or Order Filing 205 MOTION to Substitute Attorney for defendant St. Paul Mercury Insurance Company by Bruce D. Celebrezze (Celebrezze, Bruce) (Filed on 5/4/2010) Modified on 5/5/2010,(counsel selected incorrect event.) (cv, COURT STAFF).
May 3, 2010 Opinion or Order Filing 204 ORDER by Judge Patricia V. Trumbull Granting 195 St. Paul's Motion to Compel Plaintiffs to Respond to Requests for Admission (and Related Requests for Documents). (pvtlc1) (Filed on 5/3/2010)
April 20, 2010 Opinion or Order Filing 203 Reply Memorandum re 195 MOTION to Compel Plaintiffs to Respond to Requests for Admissions (and Related Requests for Documents filed by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 4/20/2010) Modified on 4/22/2010 (cv, COURT STAFF).
April 13, 2010 Opinion or Order Filing 202 Memorandum in Opposition re 195 MOTION to Compel Plaintiffs to Respond to Requests for Admissions (and Related Requests for Documents) MOTION to Compel Plaintiffs to Respond to Requests for Admissions (and Related Requests for Documents) filed byAmerican Online, Inc., Netscape Communications Corporation. (Abelson, Michael) (Filed on 4/13/2010)
March 25, 2010 Opinion or Order Filing 201 Renotice motion hearing re 195 Motion to Compel Plaintiffs to Respond to Requests for Admissions filed by St. Paul Mercury Insurance Company. Motion Hearing set for 5/4/2010 10:00 AM in Courtroom 5, 4th Floor, San Jose. (Thorpe, Sara) (Filed on 3/25/2010) Modified on 3/26/2010,(counsel failed to properly link to motion.) (cv, COURT STAFF).
March 23, 2010 Opinion or Order Filing 200 Proposed Order re 195 MOTION to Compel by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 3/23/2010) Modified on 3/24/2010 (cv, COURT STAFF).
March 23, 2010 Opinion or Order Filing 199 EXHIBITS G and H re 196 Declaration in Support, 197 filed by St. Paul Mercury Insurance Company. (Related document(s) 198 , 196 , 197 ) (Thorpe, Sara) (Filed on 3/23/2010) Modified on 3/24/2010 (cv, COURT STAFF).
March 23, 2010 Opinion or Order Filing 198 EXHIBITS E and F to Thorpe Declaration re Motion to Compel filed bySt. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 3/23/2010)
March 23, 2010 Opinion or Order Filing 197 EXHIBITS re 196 Declaration in Support, of Motion to Compel filed bySt. Paul Mercury Insurance Company. (Related document(s) 196 ) (Thorpe, Sara) (Filed on 3/23/2010)
March 23, 2010 Opinion or Order Filing 196 Declaration of Sara M. Thorpe in Support of 195 MOTION to Compel Plaintiffs to Respond to Requests for Admissions (and Related Requests for Documents) MOTION to Compel Plaintiffs to Respond to Requests for Admissions (and Related Requests for Documents) filed bySt. Paul Mercury Insurance Company. (Related document(s) 195 ) (Thorpe, Sara) (Filed on 3/23/2010)
March 23, 2010 Opinion or Order Filing 195 MOTION to Compel Plaintiffs to Respond to Requests for Admissions (and Related Requests for Documents) filed by St. Paul Mercury Insurance Company. Motion Hearing set for 4/27/2010 10:00 AM in Courtroom 5, 4th Floor, San Jose. (Thorpe, Sara) (Filed on 3/23/2010)
March 19, 2010 Opinion or Order Filing 194 ORDER VACATING CASE MANAGEMENT CONFERENCE; DENYING DEFENDANT'S REQUEST TO MODIFY CASE SCHEDULE re 193 Joint Case Management Statement. In light of this Order, the Court finds that a further Case Management Conference is unnecessary at this time. Accordingly, the Court VACATES the 3/22/2010 Case Management Conference and orders the parties to continue to adhere to the Court's 11/23/2009 Scheduling Order (see 190 Order). Please see Order for further specifics. Signed by Judge James Ware on 3/18/2010. (ecg, COURT STAFF) (Filed on 3/19/2010) Modified on 3/22/2010 (cv, COURT STAFF).
March 12, 2010 Opinion or Order Filing 193 JOINT CASE MANAGEMENT STATEMENT filed by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 3/12/2010)
February 18, 2010 Opinion or Order ***Deadlines terminated. 192 Terminate Scheduling Order Deadlines CMC. (cv, COURT STAFF) (Filed on 2/18/2010)
February 18, 2010 Opinion or Order Filing 192 ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 191 Joint Case Management Statement. Case referred to Private ADR. Joint Case Management Confernece statement due 3/12/2010. Case Management Conference set for 3/22/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 2/17/2010. (ecg, COURT STAFF) (Filed on 2/18/2010)
February 8, 2010 Opinion or Order Filing 191 JOINT CASE MANAGEMENT STATEMENT (Interim) filed by American Online, Inc., Netscape Communications Corporation. (Abelson, Michael) (Filed on 2/8/2010)
November 23, 2009 Opinion or Order Set/Reset Hearings:, Set/Reset Deadlines: Interim Case Management Conference set for 2/22/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Preliminary Pretrial Conference set for 6/28/2010 11:00 AM in Courtroom 8, 4th Floor, San Jose. Interim Case Management Statement due by 2/12/2010. All Discovery due by 7/26/2010. pursuant to 190 Scheduling Order (cv, COURT STAFF) (Filed on 11/23/2009)
November 23, 2009 Opinion or Order Filing 190 SCHEDULING ORDER: In light of the discussion at the 11/23/2009 Conference, the Court orders as follows: Close of Discovery due by 7/26/2010. Last Date to Hear Dispositive Motions due by 9/27/2010 at 9:00am . Interim Case Management Conference statement due 2/12/2010. Interim Case Management Conference set for 2/22/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Preliminary Pretrial Conference Statement due 6/18/2010. Preliminary Pretrial Conference set for 6/28/2010 11:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 11/23/2009. (ecg, COURT STAFF) (Filed on 11/23/2009) Modified on 5/24/2010 (cv, COURT STAFF).
November 23, 2009 Opinion or Order Filing 189 Minute Entry: Further Case Management Conference held on 11/23/2009 before Judge James Ware (Date Filed: 11/23/2009). Close of Discovery due by 7/16/2010. Last Date to Hear Dispositive Motions due by 9/13/2010. Interim Case Management Conference statement due 2/12/2010. Interim Case Management Conference set for 2/22/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Preliminary Pretrial Conference Statement due 6/4/2010. Preliminary Pretrial Conference set for 6/14/2010 11:00 AM in Courtroom 8, 4th Floor, San Jose. The Court to issue further Order following conference. (Court Reporter Unreported.) (ecg, COURT STAFF) (Date Filed: 11/23/2009)
November 11, 2009 Opinion or Order Filing 188 NOTICE of Appearance by Olivia Jeanne Bradbury Appearance of Counsel (Bradbury, Olivia) (Filed on 11/11/2009)
November 6, 2009 Opinion or Order Filing 187 JOINT CASE MANAGEMENT STATEMENT FOLLOWING REVERSAL AND REMAND BY THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT filed by American Online, Inc., Netscape Communications Corporation. (Abelson, Michael) (Filed on 11/6/2009)
November 6, 2009 Opinion or Order Filing 186 STIPULATION AND ORDER SETTING CASE MANAGEMENT CONFERENCE FOLLOWING NINTH CIRCUIT REMAND re 185 Proposed Order. Case Management Conference set for 11/23/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/6/2009. (ecg, COURT STAFF) (Filed on 11/6/2009)
October 29, 2009 Opinion or Order Filing 185 Proposed Order and Joint Stipulation to Set Status Conference Following Reversal and Remand by the United States Court of Appeals for the Ninth Circuit by American Online, Inc., Netscape Communications Corporation. (Abelson, Michael) (Filed on 10/29/2009)
October 29, 2009 Opinion or Order Filing 184 NOTICE of Change In Counsel by Leslie K. Crary (Crary, Leslie) (Filed on 10/29/2009)
October 28, 2009 Opinion or Order Filing 183 CLERKS Letter Spreading Mandate to Counsel. pursuant to 182 Order. (cv, COURT STAFF) (Filed on 10/28/2009) Modified on 10/28/2009 (cv, COURT STAFF).
October 27, 2009 Opinion or Order Filing 182 MANDATE of USCA as to 167 Notice of Appeal, filed by American Online, Inc., Netscape Communications Corporation. The Judgment of this Court, 174 entered on 8/27/09, takes effect this date. This constitutes the FORMAL MANDATE OF THIS COURT issued to Rule 41(a) of FRCP. MANDATE ISSUED.(PRH, BBF and MDH) (cv, COURT STAFF) (Filed on 10/27/2009)
October 19, 2009 Opinion or Order Filing 181 ORDER of USCA as to 167 Notice of Appeal, filed by American Online, Inc., Netscape Communications Corporation Filed order (PROCTER R. HUG, BETTY BINNS FLETCHER and MICHAEL DALY HAWKINS) The petition for panel rehearing and the petition for rehearing en banc are denied. (cv, COURT STAFF) (Filed on 10/19/2009)
October 1, 2009 Opinion or Order Filing 180 ORDER VACATING CASE MANAGEMENT CONFERENCE ; ADMINISTRATIVELY CLOSING CASE re 179 Statement. The Case Management Conference set for 10/5/2009 is VACATED. The Court further orders the Clerk of Court to administratively close this case. Within ten (10) days from the date of a final mandate 182 , any party may move the Court to reopen the case and to set a Status Conference. Signed by Judge James Ware on 10/1/2009. (ecg, COURT STAFF) (Filed on 10/1/2009) Modified on 10/28/2009 (cv, COURT STAFF).
September 18, 2009 Opinion or Order Filing 179 JOINT Statement Re Status of 167 Notice of Appeal to United States Court of Appeals for the Ninth Circuit Court (Ninth Circuit Case No. 08-15120) related document 174 Memorandum, 178 Order of USCA, 175 Clerks Notice, 177 Clerks Notice by American Online, Inc., Netscape Communications Corporation, St. Paul Mercury Insurance Company. (Crary, Leslie) (Filed on 9/18/2009) Modified on 9/18/2009 (cv, COURT STAFF).
September 18, 2009 Opinion or Order Filing 177 ***CLERKS ERROR*** please ignore, mandate issued prematurely. CLERKS Letter Spreading Mandate to Counsel (cv, COURT STAFF) (Filed on 9/18/2009) Modified on 10/9/2009 (cv, COURT STAFF).
September 17, 2009 Opinion or Order Filing 178 ORDER of USCA (PROCTER R. HUG, BETTY BINNS FLETCHER and MICHAEL DALY HAWKINS) Appellants are directed to file a response to the Petition for Rehearing and Petition for Rehearing En Banc, filed with this court on September 10, 2009. The response shall not exceed 15 pages or 4200 words and shall be filed within 21 days of the date of this order. Parties who are registered for ECF must file the response electronically without submission of paper copies. Parties who are not registered ECF filers must file the original response plus 50 paper copies. as to 167 Notice of Appeal, filed by American Online, Inc., Netscape Communications Corporation (cv, COURT STAFF) (Filed on 9/17/2009)
September 2, 2009 Opinion or Order Filing 176 ORDER SETTING CASE MANAGEMENT CONFERENCE IN LIGHT OF NINTH CIRCUIT REMAND re 174 USCA Memorandum. Joint Case Management Conference statement due 9/26/2009. Case Management Conference set for 10/5/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Please see Order for further specifics. Signed by Judge James Ware on 9/2/2009. (ecg, COURT STAFF) (Filed on 9/2/2009) Modified on 9/18/2009 (cv, COURT STAFF).
August 28, 2009 Opinion or Order Filing 175 ***CLERKS ERROR*** please ignore, mandate issued prematurely. CLERKS Letter Spreading Mandate to Counsel (cv, COURT STAFF) (Filed on 8/28/2009) Modified on 9/17/2009 (cv, COURT STAFF).
August 27, 2009 Opinion or Order Filing 174 USCA MEMORANDUM DISPOSITION (PROCTER R. HUG, BETTY BINNS FLETCHER and MICHAEL DALY HAWKINS) REVERSED AND REMANDED. FILED AND ENTERED JUDGMENT. as to 167 Notice of Appeal, filed by American Online, Inc., Netscape Communications Corporation (cv, COURT STAFF) (Filed on 8/27/2009)
August 18, 2008 Opinion or Order Filing 173 ORDER of USCA as to 167 Notice of Appeal, filed by American Online, Inc., Netscape Communications Corporation (cv, COURT STAFF) (Filed on 8/18/2008)
April 16, 2008 Opinion or Order Filing 172 ORDER of USCA as to 167 Notice of Appeal, filed by American Online, Inc., Netscape Communications Corporation (cv, COURT STAFF) (Filed on 4/16/2008)
April 15, 2008 Opinion or Order Filing 170 Certificate of Record Mailed to USCA re appeal 167 Notice of Appeal, : (cv, COURT STAFF) (Filed on 4/15/2008)
February 19, 2008 Opinion or Order Filing 171 USCA Case Number 08-15120 9th Circuit Court of Appeals for 167 Notice of Appeal, filed by American Online, Inc., Netscape Communications Corporation. (cv, COURT STAFF) (Filed on 2/19/2008) (cv, COURT STAFF).
January 30, 2008 Opinion or Order Certificate of Record Mailed to USCA re appeal 167 Notice of Appeal, : (cv, COURT STAFF) (Filed on 1/30/2008)
January 29, 2008 Opinion or Order Filing 168 TRANSCRIPT filed for dates of 6/7/07; pages 1-63 before Judge James Ware, re 167 Notice of Appeal, Court Reporter: Irene Rodriguez. (cv, COURT STAFF) (Filed on 1/29/2008)
January 28, 2008 Opinion or Order Filing 169 Transcript Designation and Ordering Form for proceedings held on 6/7/07 before Judge James Ware, re 167 Notice of Appeal, Transcript due by 6/7/2007. (cv, COURT STAFF) (Filed on 1/28/2008) (cv, COURT STAFF).
January 7, 2008 Opinion or Order Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 167 Notice of Appeal, (Certified mail tracking #7003 2260 0001 4462 7712 (bw, COURT STAFF) (Filed on 1/7/2008)
January 3, 2008 Opinion or Order Filing 167 NOTICE OF APPEAL as to 166 Stipulation and Order,, Terminate Motions,, Terminate Deadlines and Hearings, 155 Order, by Netscape Communications Corporation, American Online, Inc. Filing fee $ 455, receipt number 54611002332. (bw, COURT STAFF) (Filed on 1/3/2008) (cv, COURT STAFF).
December 20, 2007 Opinion or Order Filing 166 STIPULATION AND ORDER Dismissing Case on the Merits. The Parties Shall Bear Own Costs re 165 Proposed Order filed by American Online, Inc., Netscape Communications Corporation. The Clerk shall close the file. Signed by Judge James Ware on 12/20/2007. (ecg, COURT STAFF) (Filed on 12/20/2007)
December 5, 2007 Opinion or Order Filing 165 Proposed Order that the Action be Dismissed on the Merits, and that the Parties Shall Bear Own Costs by Netscape Communications Corporation, American Online, Inc.. (Pereira, Leslie) (Filed on 12/5/2007)
December 5, 2007 Opinion or Order Filing 164 STIPULATION AND ORDER re Dismissal with Prejudice of Plaintiffs' Seventh Cause of Action for Unfair Business Practices and Waiver of Costs re 163 Proposed Order filed by St. Paul Mercury Insurance Company. Signed by Judge James Ware on 12/5/2007. (ecg, COURT STAFF) (Filed on 12/5/2007)
November 28, 2007 Opinion or Order Filing 163 Stipulation and (proposed order) Re: Dismissal with Prejudice of Plaintiffs' Seventh Cause of Action for Unfair Business Practices and Waiver of Costs by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 11/28/2007) Modified text on 11/28/2007 (cv, COURT STAFF).
October 30, 2007 Opinion or Order Filing 162 ORDER Following Case Mangement Conference; ORDER REFERRING CASE to Magistrate Judge Patricia V. Trumbull for Settlement re 161 Case Management Conference - Further. Case Referred to Magistrate Judge for Settlement Conference. Please see Order for further specifics. Signed by Judge James Ware on 10/30/2007. (ecg, COURT STAFF) (Filed on 10/30/2007)
October 29, 2007 Opinion or Order Filing 161 Minute Entry: Further Case Management Conference held on 10/29/2007 before James Ware (Date Filed: 10/29/2007), CASE REFERRED to Magistrate Judge Trumbull for Settlement Conference. Motion Hearing set for 1/14/2008 09:00 PM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Please see Minute Order and Order Following Case Management Conference for further specifics. (Court Reporter Not Reported.) (ecg, COURT STAFF) (Date Filed: 10/29/2007) Additional attachment(s) added on 10/30/2007 (ecg, COURT STAFF).
October 19, 2007 Opinion or Order Filing 160 ORDER Granting 157 Motion to Withdraw as Attorney. Attorney Marc George VanNiekerk terminated. Signed by Judge James Ware on 10/19/2007. (ecg, COURT STAFF) (Filed on 10/19/2007)
October 18, 2007 Opinion or Order Filing 159 STATUS REPORT (Joint) for Further Case Management Conference by Netscape Communications Corporation, American Online, Inc.. (Pereira, Leslie) (Filed on 10/18/2007)
October 17, 2007 Opinion or Order Filing 158 Proposed Order Re: Withdrawal of Marc G. van Niekerk as Counsel of Record by Netscape Communications Corporation, American Online, Inc.. (Hsu, Hway-Ling) (Filed on 10/17/2007)
October 17, 2007 Opinion or Order Filing 157 MOTION to Withdraw as Attorney of Record for Marc G. van Niekerk filed by Netscape Communications Corporation, American Online, Inc.. (Hsu, Hway-Ling) (Filed on 10/17/2007)
October 12, 2007 Opinion or Order Filing 156 ORDER by Judge James Ware denying 152 Motion for Leave to File (jwlc1, COURT STAFF) (Filed on 10/12/2007)
October 10, 2007 Opinion or Order Set/Reset Hearings: re 155 Order. Joint Case Management Conference statement due 10/19/2007. Further Case Management Conference set for 10/29/2007 10:00 AM Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (ecg, COURT STAFF) (Filed on 10/10/2007)
October 10, 2007 Opinion or Order Filing 155 ORDER Denying Plaintiffs' Motion for Partial Summary Judgment; Granting St. Paul's Motion for Partial Summary Judgment re: Duty to Defend; Setting Further Case Management Conference re 74 MOTION for Partial Summary Judgment re Duty to Defend filed by St. Paul Mercury Insurance Company. Signed by Judge James Ware on 10/10/2007. (jwlc2, COURT STAFF) (Filed on 10/10/2007)
September 27, 2007 Opinion or Order Filing 154 CLERKS NOTICE: In case: 5:06-cv-00198-JW, Netscape Communications Corporation et al v. Federal Insurance Company et al, doument number 151 (Document type: Other Supporting Documents) was efiled on 9/24/2007at 9:47:26 AM by David Christopher Kerby. The efiled document noted here was lost due to a failure of this court's efiling system. If you have not done so already, you are hereby instructed to re-efile your document(s). You do not need to resubmit any paper (courtesy) copies.For your reference, the original docket text that was submitted read:"STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d St. Paul';s Additional Designation of Authority filed bySt. Paul Mercury Insurance Company(a Minnesota corporation). (Kerby, David) (Filed on 9/24/2007)".There will be no PDF document associated with this notice. If you have questions, please contact the case administrator or the ECF Helpdesk at ecfhelpdesk@cand.uscourts.gov. (br, Court Staff) (Filed on 9/27/2007)
September 27, 2007 Opinion or Order Filing 153 Proposed Order Granting 152 motion for Leave to File Recent Decision filed by St. Paul Mercury Insurance Company(a Minnesota corporation). (Kerby, David) (Filed on 9/27/2007) Modified test on 10/11/2007,(counsel used incorrect event) correct event is (proposed order) (cv, COURT STAFF).
September 27, 2007 Opinion or Order Filing 152 Motion for Leave to File Recent Decision filed by St. Paul Mercury Insurance Company(a Minnesota corporation). (Kerby, David) (Filed on 9/27/2007) Modified text on 10/11/2007,(counsel used incorrect event)correct event is Motion. (cv, COURT STAFF).
September 25, 2007 Opinion or Order Filing 151 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Additional Designation of Authority filed bySt. Paul Mercury Insurance Company(a Minnesota corporation). (Kerby, David) (Filed on 9/25/2007)
September 21, 2007 Opinion or Order Filing 150 ORDER by Judge James Ware denying 147 Motion to Strike ; granting 148 Motion for Leave to File (jwlc2, COURT STAFF) (Filed on 9/21/2007)
September 18, 2007 Opinion or Order Filing 149 [Proposed] Order Granting 148 Leave to File Additional Authority filed by St. Paul Mercury Insurance Company(a Minnesota corporation). (Kerby, David) (Filed on 9/18/2007) Modified on 9/18/2007 .(counsel used incorrect event correct event is proposed order, and failed to properly link to which motion relates to)(cv, COURT STAFF).
September 18, 2007 Opinion or Order Filing 148 Motion for Leave to File Additional Authority relating to the 85 cross-motions for summary judgment filed by St. Paul Mercury Insurance Company(a Minnesota corporation). (Kerby, David) (Filed on 9/18/2007) Modified on 9/18/2007 (cv, COURT STAFF).(counsel used incorrect event correct event is motion, and failed to properly link to which motion relates to)
September 17, 2007 Opinion or Order Filing 147 MOTION to Strike 146 Appendix Defendant St. Paul's Additional Designation of Authority and Record filed by Netscape Communications Corporation, American Online, Inc.. (Pereira, Leslie) (Filed on 9/17/2007) Modified text on 9/26/2007 (cv, COURT STAFF).
September 17, 2007 Opinion or Order Filing 146 Additional Designation of Authority and Record on 85 Cross Motions for Summary Judgment filed by St. Paul Mercury Insurance Company(a Minnesota corporation). (Kerby, David) (Filed on 9/17/2007) Modified on 9/19/2007,(counsel failed to properly link to motion)(cv, COURT STAFF).
June 8, 2007 Opinion or Order Filing 145 Additional Designation of Authority and Record on 85 Cross Motions for Summary Judgment; 6/7/07 so record is complete 144 and 141 order filed by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 6/8/2007) Modified on 6/11/2007 (cv, COURT STAFF).
June 7, 2007 Opinion or Order Filing 144 Minute Entry: Motion Hearing held on 6/7/2007 before James Ware (Date Filed: 6/7/2007) re 85 Plaintiffs' Motion and Cross-Motion for Partial Summary Judgment re Duty to Defend and Opposition to St. Paul Mercury's Motion for Partial Summary Judgment filed by American Online, Inc., Netscape Communications Corporation. Matters submitted after oral argument. The Court to issue further order on Cross-Motions for Summary Judgment. (Court Reporter Irene Rodriguez.) (ecg, COURT STAFF) (Date Filed: 6/7/2007)
May 1, 2007 Opinion or Order Filing 143 STIPULATION AND ORDER Granting Continuance of Hearing Date 74 Partial Summary Judgment and 85 Cross-Motions for Partial Summary Judgment from 5/7/2007 to 6/7/2007 re 142 Stipulation filed by St. Paul Mercury Insurance Company. Motion Hearing set for 6/7/2007 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 5/1/2007. (ecg, COURT STAFF) (Filed on 5/1/2007)
April 30, 2007 Opinion or Order Filing 142 STIPULATION and [Proposed] Order re Hearing Date for Parties' Cross-Motions for Partial Summary Judgment re Duty to Defend by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 4/30/2007)
April 27, 2007 Opinion or Order Filing 141 ORDER by Judge Patricia V. Trumbull re 124 St. Paul's Motion to Amend Admission (pvtlc1) (Filed on 4/27/2007)
April 25, 2007 Opinion or Order Filing 140 ORDER Continuning Hearing on Cross Motions for Summary Judgment from 4/30/2007 to 5/7/2007 re 74 MOTION for Partial Summary Judgment re Duty to Defend, 85 Plaintiffs' Motion and Cross-Motion for Partial Summary Judgment re Duty to Defend and Opposition to St. Paul Mercury's Motion for Partial Summary Judgment. Motion Hearing set for 5/7/2007 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for Further Specifics. Signed by Judge James Ware on 4/25/2007. (ecg, COURT STAFF) (Filed on 4/25/2007)
April 19, 2007 Opinion or Order Filing 138 ORDER re Sealing Exhibits 1 and 4 to Supplemental Declaration of Leslie A. Pereira in Support of Plaintiff's Opposition to St. Paul's Motion to Amend Admission. Signed by Judge Patricia V. Trumbull on 4/19/07. (pvtlc1) (Filed on 4/19/2007)
April 18, 2007 Opinion or Order Filing 137 Declaration of Sara M. Thorpe (Additional) in Support of 136 Reply Memorandum in Support of Motion for Leave to Amend Admission filed bySt. Paul Mercury Insurance Company. (Attachments: # 1 Exhibit 8, 9, 10# 2 Exhibit 129# 3 Exhibit 217# 4 Exhibit 226# 5 Exhibit 229)(Related document(s) 136 ) (Thorpe, Sara) (Filed on 4/18/2007)
April 18, 2007 Opinion or Order Filing 136 Reply in support of 124 Motion for Leave to Amend Admission filed by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 4/18/2007) Modified on 4/20/2007 (cv, COURT STAFF).
April 17, 2007 Opinion or Order Filing 139 EXHIBITS 1 and 4 to re 135 Declaration of Leslie A. Pereira in Support of plaintiff's opposition to St. Paul's motion to amend admission, filed byNetscape Communications Corporation, American Online, Inc.. (FILED UNDER SEAL) (Related document(s) 135 ) (cv, COURT STAFF) (Filed on 4/17/2007)
April 17, 2007 Opinion or Order Received Document (exhibits 1 and 4 to supplemental declaration of Leslie A. Pereira in support of plaintiff's opposition to St. Paul's motion to amend admission) by Netscape Communications Corporation, American Online, Inc.. (submitted under seal) (cv, COURT STAFF) (Filed on 4/17/2007)
April 17, 2007 Opinion or Order Filing 135 Declaration of Leslie A. Pereira in Support of 131 Memorandum in Opposition Supplemental Declaration [Requested pursuant to Court Order of April 16, 2007] filed byNetscape Communications Corporation, American Online, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Certificate of Service)(Related document(s) 131 ) (Hsu, Hway-Ling) (Filed on 4/17/2007)
April 16, 2007 Opinion or Order Filing 134 INTERIM ORDER re St. Paul?s Motion for Leave to Amend Admission. Signed by Judge Patricia V. Trumbull on 4/16/07. (pvtlc1) (Filed on 4/16/2007)
April 12, 2007 Opinion or Order Filing 133 Declaration of Leslie A. Pereira in Support of 131 Memorandum in Opposition to St. Paul's Motion to Amend Admission filed byNetscape Communications Corporation, American Online, Inc.. (Attachments: # 1 Signature Page (Declarations/Stipulations) Leslie A. Pereira's original# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8)(Related document(s) 131 ) (Abelson, Michael) (Filed on 4/12/2007)
April 12, 2007 Opinion or Order Filing 132 Appendix re 131 Memorandum in Opposition to St. Paul's Motion to Amend Admission - Leslie A. Pereira's original signature page filed byNetscape Communications Corporation, American Online, Inc.. (Related document(s) 131 ) (Abelson, Michael) (Filed on 4/12/2007)
April 12, 2007 Opinion or Order Filing 131 Memorandum in Opposition re 124 MOTION for Leave to File Amend Admission [FRCP 36(b)] filed byNetscape Communications Corporation, American Online, Inc.. (Abelson, Michael) (Filed on 4/12/2007)
April 4, 2007 Opinion or Order Filing 129 ORDER GRANTING PLAINTIFFS' MOTION FOR ADMINISTRATIVE RELIEF [RE: SEALING CONFIDENTIAL EXHIBIT SUBMITTED IN SUPPORT OF ST. PAUL'S MOTION FOR PARTIAL SUMMARY JUDGMENT] re 108 Notice (Other), Notice (Other) filed by Netscape Communications Corporation, American Online, Inc. Signed by Judge James Ware on 4/4/2007. (ecg, COURT STAFF) (Filed on 4/4/2007)
April 3, 2007 Opinion or Order Filing 128 ORDER by Judge Patricia V. Trumbull Granting 121 Motion to Shorten Time. Hearing set for 10:00 a.m. on 4/17/07. (pvtlc1) (Filed on 4/3/2007)
April 3, 2007 Opinion or Order Filing 127 Memorandum in Opposition re 121 MOTION to Shorten Time to Hear St. Paul's 124 Motion for Leave to Amend Admission [L.R. 6-3]; Declaration of Leslie A. Pereira in Support Thereof filed by Netscape Communications Corporation, American Online, Inc.. (Attachments: # 1 Original signature page# 2 Signature Page (Declarations/Stipulations) # 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3)(Abelson, Michael) (Filed on 4/3/2007) Modified on 4/4/2007 (cv, COURT STAFF).
March 29, 2007 Opinion or Order Filing 126 Proposed Order re 124 MOTION for Leave to File Amendment to Request for Admission [FRCP 36(b)] by St. Paul Mercury Insurance Company. (Kerby, David) (Filed on 3/29/2007)
March 29, 2007 Opinion or Order Filing 125 Declaration of D. Christopher Kerby in Support of 124 MOTION for Leave to File Amendment to Request for Admission [FRCP 36(b)] filed bySt. Paul Mercury Insurance Company. (Related document(s) 124 ) (Kerby, David) (Filed on 3/29/2007)
March 29, 2007 Opinion or Order Filing 124 NOTICE OF MOTION AND MOTION for Leave to File Amend Admission [FRCP 36(b)] filed by St. Paul Mercury Insurance Company. Motion Hearing set for 4/24/2007 10:00 AM in Courtroom #5, 4th Floor, San Jose. (Kerby, David) (Filed on 3/29/2007) Modified on 3/29/2007 (cv, COURT STAFF).
March 29, 2007 Opinion or Order Filing 123 Proposed Order Granting St. Paul's 121 Motion to Shorten Time to Hear St. Paul's 124 Motion for Leave to Amend Admission by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 3/29/2007) Modified on 3/29/2007 (cv, COURT STAFF).
March 29, 2007 Opinion or Order Filing 122 Declaration of Sara M. Thorpe in Support of 121 MOTION to Shorten Time to Hear St. Paul's 124 Motion for Leave to Amend Admission filed by St. Paul Mercury Insurance Company. (Related document(s) 121 ) (Thorpe, Sara) (Filed on 3/29/2007) Modified on 3/29/2007 (cv, COURT STAFF).
March 29, 2007 Opinion or Order Filing 121 NOTICE OF MOTION AND MOTION to Shorten Time to Hear St. Paul's 124 Motion for Leave to Amend Admission [L.R.6-31] filed by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 3/29/2007) Modified on 3/29/2007 (cv, COURT STAFF).
March 23, 2007 Opinion or Order Filing 120 ORDER GRANTING STIPULATION TO CONTINUE HEARING DATE FROM 4/9/2007 TO 4/30/2007 re 119 Stipulation filed by Netscape Communications Corporation, American Online, Inc., St. Paul Mercury Insurance Company. Motion Hearing set for 4/30/2007 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 3/23/2007. (ecg, COURT STAFF) (Filed on 3/23/2007)
March 22, 2007 Opinion or Order Filing 119 STIPULATION re Hearing Date for Parties' 85 Cross-Motions for Partial Summary Judgment re: Duty to Defend; [Proposed] Order by St. Paul Mercury Insurance Company, Netscape Communications Corporation, American Online, Inc.. (Abelson, Michael) (Filed on 3/22/2007) Modified on 3/23/2007 (cv, COURT STAFF).
March 22, 2007 Opinion or Order Filing 118 ASSOCIATION of Counsel Charles E. Spevacek of Meaher & Geer by St. Paul Mercury Insurance Company. (Kerby, David) (Filed on 3/22/2007)
March 20, 2007 Opinion or Order Filing 117 ORDER by Judge James Ware granting 115 Motion for Pro Hac Vice of Attorney Charles E. Spevacek. (cv, COURT STAFF) (Filed on 3/20/2007)
March 20, 2007 Opinion or Order Filing 116 CLERK'S NOTICE Continuing Motion Hearing on Cross Motions for Summary Judgment re Duty to Defend from 3/26/2007 to 4/9/2007 re 74 84 . Motion Hearing set for 4/9/2007 09:00 AM in Courtroom 8, 4th Floor, San Jose. (ecg, COURT STAFF) (Filed on 3/20/2007) Modified on 3/23/2007 (ecg, COURT STAFF).
March 15, 2007 Opinion or Order Proposed Order re 115 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210.00, receipt number 5461100630.) by St. Paul Mercury Insurance Company(a Minnesota corporation), St. Paul Mercury Insurance Company. (cv, COURT STAFF) (Filed on 3/15/2007)
March 15, 2007 Opinion or Order Filing 115 MOTION for leave to appear in Pro Hac Vice of Attorney of Charles E. Spevacek ( Filing fee $ 210.00, receipt number 5461100630.) filed by St. Paul Mercury Insurance Company(a Minnesota corporation), St. Paul Mercury Insurance Company. (cv, COURT STAFF) (Filed on 3/15/2007)
March 15, 2007 Opinion or Order Filing 114 Supplement to 113 Compendium of Deposition Testimony Referenced in All Pleadings RE: Parties' 85 Cross Motions for Partial Summary Judgment filed by St. Paul Mercury Insurance Company. (Related document(s) 113 ) (Thorpe, Sara) (Filed on 3/15/2007) Modified on 3/22/2007 (cv, COURT STAFF).
March 9, 2007 Opinion or Order Filing 113 EXHIBITS Compendium of Deposition Testimony Referenced in All Pleadings Re: The Compendium includes ALL OF THE DEPOSITION TESTIMONY experts referenced in the parties by last name of the deponent then numerically by page number.re 85 Plaintiffs' Motion and Cross-Motion for Partial Summary Judgment re Duty to Defend and Opposition to St. Paul Mercury's Motion for Partial Summary Judgment filed byNetscape Communications Corporation, American Online, Inc.. (Related document(s) 85 ) (cv, COURT STAFF) (Filed on 3/9/2007)
March 9, 2007 Opinion or Order Filing 112 NOTICE OF MANUAL FILING by Netscape Communications Corporation, American Online, Inc. of Compendium of Deposition Testimony Referenced in All Pleadings Re: Parties' Cross-Motions for Partial Summary Judgment. The Compendium includes ALL OF THE DEPOSITION TESTIMONY (Hsu, Hway-Ling) (Filed on 3/9/2007) Modified on 3/9/2007 (cv, COURT STAFF).
March 8, 2007 Opinion or Order Filing 111 EXHIBITS Filed Jointly (Binder 3 0f 3 re 85 Plaintiffs' Motion and Cross-Motion for Partial Summary Judgment filed bySt. Paul Mercury Insurance Company, American Online, Inc.. (Related document(s) 85 ) (cv, COURT STAFF) (Filed on 3/8/2007)
March 8, 2007 Opinion or Order Filing 110 EXHIBITS Filed Jointly (Binder 2 0f 3 re 85 Plaintiffs' Motion and Cross-Motion for Partial Summary Judgment filed by plaintiff and defendant filed bySt. Paul Mercury Insurance Company, American Online, Inc.. (Related document(s) 85 ) (cv, COURT STAFF) (Filed on 3/8/2007)
March 8, 2007 Opinion or Order Filing 109 EXHIBITS Filed Jointly (Binder 1 0f 3 re 85 Plaintiffs' Motion and Cross-Motion for Partial Summary Judgment filed by plaintiff and defendant(Related document(s) 85 ) (cv, COURT STAFF) (Filed on 3/8/2007) Modified on 3/8/2007 (cv, COURT STAFF).
March 7, 2007 Opinion or Order Filing 130 EXHIBITS 168 re 85 Motion for Partial Summary Judgment filed bySt. Paul Mercury Insurance Company. (FILED UNDER SEAL) PURSUANT TO ORDER 129 (Related document(s) 85 ) (cv, COURT STAFF) (Filed on 3/7/2007)
March 7, 2007 Opinion or Order Filing 108 NOTICE OF MOTION AND MOTION for Administrative Relief re: Sealing Confidential Exhibit 168 Submitted in Support of St. Paul's 85 Cross-Motion for Partial Summary Judgment; Declaration of Leslie A. Pereira in Support Thereof (Abelson, Michael) (Filed on 3/7/2007) Modified TEXT on 3/7/2007, (Counsel used incorrect event) Correct event is motion (cv, COURT STAFF). Modified on 3/7/2007 (cv, COURT STAFF).
March 2, 2007 Opinion or Order Filing 107 CERTIFICATE OF SERVICE by Netscape Communications Corporation, American Online, Inc. re 105 Appendix,, 101 Objection,, 100 Reply Memorandum,, 102 Response, 106 Declaration in Support,, 104 Declaration in Support, (Abelson, Michael) (Filed on 3/2/2007)
March 2, 2007 Opinion or Order Filing 106 Declaration of Michael Bruce Abelson in Support of 100 Reply Memorandum, re: 85 Cross-Motions for Partial Summary Judgment CORRECTION OF DOCKET # 103 . filed by Netscape Communications Corporation, American Online, Inc.. (Attachments: # 1 Appendix - additional excerpts from depositions of Michelle Midwinter and Eric Solberg)(Related document(s) 100 ) (Abelson, Michael) (Filed on 3/2/2007) Modified on 3/15/2007 (cv, COURT STAFF).
March 2, 2007 Opinion or Order Filing 105 Compendium of Authorities in Support of Plaintiffs' 100 Reply on 85 Cross-Motion for Partial Summary Judgment filed by Netscape Communications Corporation, American Online, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 246# 4 7# 5 Exhibit 8911# 7 Exhibit 121417)(Related document(s) 100 ) (Abelson, Michael) (Filed on 3/2/2007) Modified on 3/15/2007 (cv, COURT STAFF).
March 2, 2007 Opinion or Order Filing 104 SUPPLEMENTAL Declaration of Leslie A. Pereira in Support of 100 Reply Memorandum, re: 85 Cross-Motions for Partial Summary Judgment (with Exhibits K~N) filed by Netscape Communications Corporation, American Online, Inc.. (Related document(s) 100 ) (Abelson, Michael) (Filed on 3/2/2007) Modified on 3/15/2007 (cv, COURT STAFF).
March 2, 2007 Opinion or Order Filing 103 *** FILED IN ERROR. PLEASE SEE DOCKET # 106 . *** Declaration of Michael Bruce Abelson in Support of 100 Reply Memorandum, re: Cross-Motions for Partial Summary Judgment filed byNetscape Communications Corporation, American Online, Inc.. (Attachments: # 1 additional excerpts from depositions of Michelle Midwinter and Eric Solberg)(Related document(s) 100 ) (Abelson, Michael) (Filed on 3/2/2007) Modified on 3/5/2007 (ewn, COURT STAFF).
March 2, 2007 Opinion or Order Filing 102 Response re 92 Objection and Motion to Strike Evidence byNetscape Communications Corporation, American Online, Inc.. (Abelson, Michael) (Filed on 3/2/2007)
March 2, 2007 Opinion or Order Filing 101 OBJECTIONS and motion to strike evidence and other matters filed in connection with , 74 MOTION for Summary Judgment re Duty to Defend ; 91 opposition and reply 106 Declaration of Michael Bruce Abelson by Netscape Communications Corporation, American Online, Inc.. (Attachments: # 1 Exhibit A B C)(Abelson, Michael) (Filed on 3/2/2007) Modified on 3/15/2007 (cv, COURT STAFF).
March 2, 2007 Opinion or Order Filing 100 Reply Memorandum re: 74 Motions for Partial Summary Judgment re: Duty to Defend filed by Netscape Communications Corporation, American Online, Inc.. (Attachments: # 1 Signature Page (Declarations/Stipulations) of Leslie Pereira)(Abelson, Michael) (Filed on 3/2/2007) Modified on 3/15/2007 (cv, COURT STAFF).
February 13, 2007 Opinion or Order Filing 97 ORDER GRANTING PLAINTIFFS' MOTION FOR ADMINITRATIVE RELIEF [RE: SEALING TWO CONFIDENTIAL DOCUMENTS SUBMITTED IN SUPPORT OF PLAINTIFFS' CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT] re 84 MOTION to Seal Plaintiffs' Notice of Motion and Motion for Administrative Relief to File Documents Under Seal; declaration of Leslie A. Pereira filed by Netscape Communications Corporation, American Online, Inc. Signed by Judge James Ware on 2/13/2007. (ecg, COURT STAFF) (Filed on 2/13/2007)
February 12, 2007 Opinion or Order Filing 99 Declaration of David Park in Support of 85 Plaintiffs' Motion and Cross-Motion for Partial Summary Judgment (exhibits H-J) filed byNetscape Communications Corporation, American Online, Inc.. (FILED UNDER SEAL) pursuant to order 97 (cv, COURT STAFF) (Filed on 2/12/2007)
February 9, 2007 Opinion or Order Filing 96 SUPPLEMANTAL COMPENDIUM in Support of St. Paul's 74 Motion for Partial Summary Judgment (and Opposition to Plaintiffs' 85 Cross-Motion) filed by St. Paul Mercury Insurance Company. (Kerby, David) (Filed on 2/9/2007) Modified on 2/12/2007, LINK TO MOTIONS (cv, COURT STAFF).
February 9, 2007 Opinion or Order Filing 95 Declaration of Daniel Weiss in Support of St. Paul's 74 Motion for Partial Summary Judgment (and Opposition to Plaintiffs' 85 Cross-Motion) filed by St. Paul Mercury Insurance Company. (Kerby, David) (Filed on 2/9/2007) Modified on 2/12/2007, link to motion (cv, COURT STAFF).
February 9, 2007 Opinion or Order Filing 94 SUPPLEMENTAL DECLARATION of Sara M. Thorpe in Support of St. Paul's 74 Motion for Partial Summary Judgment (and Opposition to Plaintiffs' 85 Cross-Motion) filed by St. Paul Mercury Insurance Company. (Kerby, David) (Filed on 2/9/2007) Modified on 2/12/2007 , LINK TO MOTIONS (cv, COURT STAFF).
February 9, 2007 Opinion or Order Filing 93 RESPONSES to Objections to Evidence in St. Paul's 74 Motion for Partial Summary Judgment filed by St. Paul Mercury Insurance Company. (Kerby, David) (Filed on 2/9/2007) Modified on 2/12/2007,LINK TO MOTION (cv, COURT STAFF).
February 9, 2007 Opinion or Order Filing 92 OBJECTIONS to and Motion to Strike Evidence in Plaintiffs' 85 Cross-Motion/Opposition by St. Paul Mercury Insurance Company. (Kerby, David) (Filed on 2/9/2007) Modified on 2/12/2007, LINK TO MOTION. (cv, COURT STAFF).
February 9, 2007 Opinion or Order Filing 91 Reply Memorandum in Support of 74 Motion for Partial Summary Judgment (and Opposition to Plaintiffs' 85 Cross-Motion) filed bySt. Paul Mercury Insurance Company. (Kerby, David) (Filed on 2/9/2007) Modified on 2/12/2007, LINK TO MOTION. (cv, COURT STAFF).
January 29, 2007 Opinion or Order Filing 90 ORDER GRANTING STIPULATION TO EXTEND LENGTH OF BRIEFS re 89 Stipulation filed by St. Paul Mercury Insurance Company. Signed by Judge James Ware on 1/29/2007. (ecg, COURT STAFF) (Filed on 1/29/2007)
January 26, 2007 Opinion or Order Filing 89 STIPULATION and [Proposed] Order by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 1/26/2007)
January 16, 2007 Opinion or Order Filing 87 CERTIFICATE OF SERVICE by Netscape Communications Corporation, American Online, Inc. re 85 MOTION for Partial Summary Judgment Plaintiffs' Motion and Cross-Motion for Partial Summary Judgment re Duty to Defend and Opposition to St. Paul Mercury's Motion for Partial Summary Judgment (Hsu, Hway-Ling) (Filed on 1/16/2007)
January 16, 2007 Opinion or Order Filing 86 EXHIBITS re 85 MOTION for Partial Summary Judgment Plaintiffs' Motion and Cross-Motion for Partial Summary Judgment re Duty to Defend and Opposition to St. Paul Mercury's Motion for Partial Summary Judgment -Exhibit to Declaration of Michael Bruce Abelson: Weiss transcript, Vol. I & II filed byNetscape Communications Corporation, American Online, Inc.. (Related document(s) 85 ) (Hsu, Hway-Ling) (Filed on 1/16/2007)
January 12, 2007 Opinion or Order Filing 98 Declaration of Patrick J. Carome in Support of 85 Plaintiffs' Motion and Cross-Motion for Partial Summary Judgment (exhibits H-J) filed byNetscape Communications Corporation, American Online, Inc.. (FILED UNDER SEAL) pursuant to order 97 (Related document(s) 85 ) (cv, COURT STAFF) (Filed on 1/12/2007)
January 12, 2007 Opinion or Order Filing 85 NOTICE OF MOTION AND Cross-Motion for Partial Summary Judgment re Duty to Defend and Opposition to St. Paul Mercury's Motion for Partial Summary Judgment filed by Netscape Communications Corporation, American Online, Inc.. Motion Hearing set for 3/26/2007 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Declaration of Michael Bruce Abelson# 2 Abelson Decl. - Corbetis transcript# 3 Abelson Decl. - Evensen transcript# 4 Abelson Decl.-Midwinter transcript# 5 Abelson Decl.-Solberg transcript# 6 Abelson Decl.-Spencer transcript# 7 Declaration of Marc Patterson# 8 Declaraton of Patrick J. Carome-Redacted# 9 Declaration of Leslie Pereira# 10 Declaration of David Park-Redacted# 11 Compendium of Authorities# 12 Compendium-tabs 1 & 2# 13 Compendium-tabs 3, 4# 14 Compendium-tab 5# 15 Compendium-tabs 6, 7, 8# 16 Compendium-tabs 9, 10, 11# 17 Compendium-tabs 12, 13# 18 Compendium-tabs 14, 15# 19 Proposed Order)(Hsu, Hway-Ling) (Filed on 1/12/2007) Modified on 2/12/2007 (cv, COURT STAFF).
January 12, 2007 Opinion or Order Filing 84 MOTION to Seal Plaintiffs' Notice of Motion and Motion for Administrative Relief to File Documents Under Seal; declaration of Leslie A. Pereira filed by Netscape Communications Corporation, American Online, Inc.. (Attachments: # 1 Proposed Order)(Hsu, Hway-Ling) (Filed on 1/12/2007)
January 12, 2007 Opinion or Order Received Document (declaration of Patrick J. Carome in support of plaintiff's cross-motion for partial summary judgment (with exhibits H-J ) by Netscape Communications Corporation, American Online, Inc.. (under seal) (cv, COURT STAFF) (Filed on 1/12/2007) Modified on 2/14/2007 (cv, COURT STAFF).
January 12, 2007 Opinion or Order Received Document (declaration of David Park in support of plaintiffs cross-motion for partial summary judgment (with exhibits H-J) by Netscape Communications Corporation, American Online, Inc.. (under seal) (cv, COURT STAFF) (Filed on 1/12/2007)
January 11, 2007 Opinion or Order Filing 83 ORDER GRANTING EXTENSION OF PAGE LIMIT FOR FILING OF REPLY BRIEF re 82 Proposed Order filed by Netscape Communications Corporation, American Online, Inc. Signed by Judge James Ware on 1/11/2007. (ecg, COURT STAFF) (Filed on 1/11/2007)
January 10, 2007 Opinion or Order Filing 82 Proposed Order by Netscape Communications Corporation, American Online, Inc.. (Hsu, Hway-Ling) (Filed on 1/10/2007)
December 5, 2006 Opinion or Order Filing 88 Reply to Opposition to motion to compel production filed byNetscape Communications Corporation, American Online, Inc.. (Filed Under Seal) see order 73 (cv, COURT STAFF) (Filed on 12/5/2006)
December 5, 2006 Opinion or Order Received Document (Reply to St.Paul's opposition to motion to compel production; memorandum of law; declaration of Leslie A. Pereira by Netscape Communications Corporation, American Online, Inc.. (under seal) (cv, COURT STAFF) (Filed on 12/5/2006)
December 5, 2006 Opinion or Order Filing 81 Reply to Opposition to St. Paul's Opposition to Motion to Compel Production; Memorandum of Law; Declaration of Leslie A. Pereira with Exhibits C-G -- Redacted Public Version filed by Netscape Communications Corporation, American Online, Inc.. (Attachments: # 1 Certificate of Service)(Hsu, Hway-Ling) (Filed on 12/5/2006) Modified on 12/15/2006 (cv, COURT STAFF).
December 1, 2006 Opinion or Order Filing 80 STIPULATION re 74 MOTION for Summary Judgment re Duty to Defend by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 12/1/2006)
December 1, 2006 Opinion or Order Filing 79 Declaration of Marsh Custodian of Records in Support of 74 MOTION for Summary Judgment re Duty to Defend filed bySt. Paul Mercury Insurance Company. (Related document(s) 74 ) (Thorpe, Sara) (Filed on 12/1/2006)
December 1, 2006 Opinion or Order Filing 78 Declaration of Michelle Midwinter in Support of 74 MOTION for Summary Judgment re Duty to Defend filed bySt. Paul Mercury Insurance Company. (Related document(s) 74 ) (Thorpe, Sara) (Filed on 12/1/2006)
December 1, 2006 Opinion or Order Filing 77 Declaration of Sara M. Thorpe (Part 2 of 2) in Support of 74 MOTION for Summary Judgment re Duty to Defend filed bySt. Paul Mercury Insurance Company. (Related document(s) 74 ) (Thorpe, Sara) (Filed on 12/1/2006)
December 1, 2006 Opinion or Order Filing 76 Declaration of Sara M. Thorpe (Part 1 of 2) in Support of 74 MOTION for Summary Judgment re Duty to Defend filed bySt. Paul Mercury Insurance Company. (Related document(s) 74 ) (Thorpe, Sara) (Filed on 12/1/2006)
December 1, 2006 Opinion or Order Filing 75 Appendix re 74 MOTION for Summary Judgment re Duty to Defend filed bySt. Paul Mercury Insurance Company. (Related document(s) 74 ) (Thorpe, Sara) (Filed on 12/1/2006)
December 1, 2006 Opinion or Order Filing 74 MOTION for Partial Summary Judgment re Duty to Defend filed by St. Paul Mercury Insurance Company. Motion Hearing set for 3/26/2007 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Thorpe, Sara) (Filed on 12/1/2006) Modified on 3/15/2007 (cv, COURT STAFF).
November 29, 2006 Opinion or Order Filing 73 ORDER by Judge Patricia V. Trumbull re 65 Motion to Seal Reply Brief and Supporting Documents. (pvtlc1) (Filed on 11/29/2006)
November 29, 2006 Opinion or Order Filing 72 ORDER GRANTING Re Timing of Filing of Exhibits in Support of Cross Motion for Partial Summary Judgement re 71 Stipulation filed by St. Paul Mercury Insurance Company. Signed by Judge James Ware on 11/29/2006. (ecg, COURT STAFF) (Filed on 11/29/2006)
November 28, 2006 Opinion or Order Filing 71 STIPULATION and [Proposed] Order Re Timing of Filing of Exhibits in Support of Cross Motions for Partial Summary Judgment by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 11/28/2006)
November 22, 2006 Opinion or Order Filing 70 Proposed Order re 65 MOTION to Seal Document Reply Brief on Motion to Compel (Corrected Order) by St. Paul Mercury Insurance Company. (Kerby, David) (Filed on 11/22/2006)
November 22, 2006 Opinion or Order Filing 69 STIPULATION re 65 MOTION to Seal Document Reply Brief on Motion to Compel (Clarifying and Correcting Stipulation filed earlier today as Docket No. 66) by St. Paul Mercury Insurance Company. (Kerby, David) (Filed on 11/22/2006)
November 22, 2006 Opinion or Order Filing 68 Proposed Order re 65 MOTION to Seal Document Reply Brief on Motion to Compel by St. Paul Mercury Insurance Company. (Kerby, David) (Filed on 11/22/2006)
November 22, 2006 Opinion or Order Filing 67 Declaration of Sara M. Thorpe in Support of 65 MOTION to Seal Document Reply Brief on Motion to Compel filed bySt. Paul Mercury Insurance Company. (Related document(s) 65 ) (Kerby, David) (Filed on 11/22/2006)
November 22, 2006 Opinion or Order Filing 66 STIPULATION re 65 MOTION to Seal Document Reply Brief on Motion to Compel by St. Paul Mercury Insurance Company. (Kerby, David) (Filed on 11/22/2006)
November 22, 2006 Opinion or Order Filing 65 MOTION to Seal Document Reply Brief on Motion to Compel filed by St. Paul Mercury Insurance Company. (Kerby, David) (Filed on 11/22/2006)
October 25, 2006 Opinion or Order Filing 64 STIPULATION AND ORDER Granting Further Revised Scedule for Phase I. 62 Signed by Judge James Ware on 10/25/2006. (ecg, COURT STAFF) (Filed on 10/25/2006) Modified on 10/27/2006 (ecg, COURT STAFF).
October 25, 2006 Opinion or Order Filing 63 ORDER Denying 61 Stipulated Request to "Withdraw" Brief, Without Prejudice to a Request to Seal. Signed by Judge Patricia V. Trumbull on 10/25/06. (pvtlc1) (Filed on 10/25/2006)
October 24, 2006 Opinion or Order Filing 62 STIPULATION and [Proposed] Order Regarding Further Revised Schedule for Phase 1 by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 10/24/2006)
October 24, 2006 Opinion or Order Filing 61 STIPULATION re 56 Reply to Opposition, and [Proposed] Order Withdrawing Plaintiffs' Reply Brief on AOL's Motion to Compel by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 10/24/2006)
October 17, 2006 Opinion or Order Filing 60 ORDER by Judge Patricia V. Trumbull Denying 54 Motion to Compel (pvtlc1) (Filed on 10/17/2006)
October 17, 2006 Opinion or Order Filing 59 EXHIBITS Pursuant to Clerk's request, Actual Discovery Requests 1-PMK deposition notice; 2-Netscape's Request for Production to St. Paul; 3-AOL's Request for Production to St. Paul filed byNetscape Communications Corporation, American Online, Inc.. (Attachments: # 1 # 2)(Hsu, Hway-Ling) (Filed on 10/17/2006)
October 16, 2006 Opinion or Order Filing 58 Declaration of Michael Bruce Abelson In Support Of Plaintiffs' Motion to Compel filed byNetscape Communications Corporation, American Online, Inc.. (Attachments: # 1 Exhibit)(Hsu, Hway-Ling) (Filed on 10/16/2006)
October 16, 2006 Opinion or Order Filing 57 INTERIM ORDER re Plaintiffs' Motion to Compel. Signed by Judge Patricia V. Trumbull on 10/16/06. (pvtlc1) (Filed on 10/16/2006)
October 12, 2006 Opinion or Order Reply to Opposition to Motion to Compel Production; Memorandum of Law; Delcaration of Leslie A. Pereira; Certificate of Service filed byNetscape Communications Corporation, American Online, Inc.. (Attachments: # 1 # 2 # 3 # 4)(Hsu, Hway-Ling) (Filed on 10/12/2006)
October 6, 2006 Opinion or Order Filing 55 Memorandum in Opposition to Plaintiffs' Motion to Compel Production of Documents and Testimony filed bySt. Paul Mercury Insurance Company. (Attachments: # 1 Affidavit Declaration of Sara M. Thorpe in Support of Defendant St. Paul Mercury Insurance Company's Opposition to Plaintiffs' Motion to Compel Production of Documents and Testimony# 2 Affidavit Declaration of Judi Lamble in Support of Defendant St. Paul Mercury Insurance Company's Opposition to Plaintiffs' Motion to Compel Production of Documents and Testimony)(Thorpe, Sara) (Filed on 10/6/2006)
September 29, 2006 Opinion or Order Filing 54 MOTION to Compel Production of Documents and Testimony; Memorandum of Law in Support Thereof; Proposed Order; Certificate of Service filed by Netscape Communications Corporation, American Online, Inc.. Motion Hearing set for 10/17/2006 10:00 AM in Courtroom #5, 4th Floor, San Jose. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Proposed Order # 4)(Hsu, Hway-Ling) (Filed on 9/29/2006)
September 26, 2006 Opinion or Order Filing 53 STIPULATION AND ORDER Shortening Time For Plaintiff's Motion to Compel. Signed by Judge Patricia V. Trumbull on 9/26/06. (pvtlc1) (Filed on 9/26/2006)
September 22, 2006 Opinion or Order Filing 52 STIPULATION and [Proposed] Order Shortening Time for Briefing and Hearing of Plaintiffs' Motion to Compel Production of Documents and Responses by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 9/22/2006)
August 31, 2006 Opinion or Order Filing 51 ORDER GRANTING re 50 Stipulation Regarding Revised Schedule for Phase I filed by St. Paul Mercury Insurance Company. Signed by Judge James Ware on 8/31/06. (sp, COURT STAFF) (Filed on 8/31/2006)
August 30, 2006 Opinion or Order Filing 50 STIPULATION and [Proposed] Order Regarding Revised Schedule for Phase 1 by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 8/30/2006)
August 4, 2006 Opinion or Order Filing 49 ORDER GRANTING re 48 Notice of Voluntary Dismissal of Counterclaim filed by St. Paul Mercury Insurance Company. Signed by Judge James Ware on 8/4/06. (sp, COURT STAFF) (Filed on 8/4/2006)
July 31, 2006 Opinion or Order Filing 48 NOTICE of Voluntary Dismissal of Counterclaim by St. Paul Mercury Insurance Company(a Minnesota corporation) (Thorpe, Sara) (Filed on 7/31/2006)
July 25, 2006 Opinion or Order Filing 47 EXHIBITS re 46 Counterclaim (Amended) for Declaratory Relief and Reformation filed bySt. Paul Mercury Insurance Company(a Minnesota corporation). (Related document(s) 46 ) (Thorpe, Sara) (Filed on 7/25/2006)
July 25, 2006 Opinion or Order Filing 46 Amended COUNTERCLAIM for Declaratory Relief and Reformation against Netscape Communications Corporation, American Online, Inc.. Filed bySt. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 7/25/2006)
July 24, 2006 Opinion or Order Filing 45 Proposed Order re 44 Case Management Conference - Initial, Set Hearings by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 7/24/2006)
June 19, 2006 Opinion or Order Filing 44 Minute Entry: Initial Case Management Conference held on 6/19/2006 before James Ware (Date Filed: 6/19/2006). Cross-Motions for Summary Judgment set for 11/20/2006 09:00 AM. (Court Reporter unreported.) (cm, COURT STAFF) (Date Filed: 6/19/2006)
June 19, 2006 Opinion or Order Set/Reset Deadlines as to 40 Parties cross-motions Motion for Summary Judgment re: duty to defend Motion Hearing set for 11/20/2006 09:00 AM in Courtroom 8, 4th Floor, San Jose. (cv, COURT STAFF) (Filed on 6/19/2006)
June 19, 2006 Opinion or Order Filing 43 STIPULATION AND ORDER Protective order against unauthorized use or disclosure of trade secrets and confidential material.. Signed by Judge James Ware on 6/19/06. (cv, COURT STAFF) (Filed on 6/19/2006) Additional attachment(s) added on 6/21/2006 (cv, COURT STAFF).
June 19, 2006 Opinion or Order Filing 42 ORDER by Judge James Ware following case management conference. (jwlc2, COURT STAFF) (Filed on 6/19/2006)
June 16, 2006 Opinion or Order Filing 41 Proposed Order re 40 MOTION to Dismiss Plaintiffs' Notice of Motion and Motion to Dismiss Defendant St. Paul's Counterclaims for Reformation or, in the Alternative, Motion for Summary Judgment; Memorandum of P&A's; Decl. of Michael B. Abelson by Netscape Communications Corporation, American Online, Inc., Netscape Communications Corporation, American Online, Inc.. (Hsu, Hway-Ling) (Filed on 6/16/2006)
June 16, 2006 Opinion or Order Filing 40 MOTION to Dismiss Plaintiffs' Notice of Motion and Motion to Dismiss Defendant St. Paul's Counterclaims for Reformation or, in the Alternative, Motion for Summary Judgment; Memorandum of P&A's; Decl. of Michael B. Abelson filed by Netscape Communications Corporation, American Online, Inc., Netscape Communications Corporation, American Online, Inc.. Motion Hearing set for 9/11/2006 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Hsu, Hway-Ling) (Filed on 6/16/2006)
June 9, 2006 Opinion or Order Filing 39 STIPULATION AND ORDER Extending Time for Plaintiffs to Respond to St. Paul's Counter-claim. Signed by Judge James Ware on 06/09/06. (mp, COURT STAFF) (Filed on 6/9/2006)
June 7, 2006 Opinion or Order Filing 38 NOTICE of Substitution of Counsel by Sara M. Thorpe (Thorpe, Sara) (Filed on 6/7/2006)
June 5, 2006 Opinion or Order Filing 37 JOINT CASE MANAGEMENT STATEMENT (Updated); [Proposed] Case Management Order filed by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 6/5/2006)
June 1, 2006 Opinion or Order Filing 36 STIPULATION Stipulated Request for Extension of Time for Plaintiffs to Respond to St. Paul's Counter-Claim for Declaratory Relief and Reformation by St. Paul Mercury Insurance Company. (Attachments: # 1 Affidavit Declaration of Leslie A. Pereira in Support of Stipulated Request for Extension of Time for Plaintiffs to Respond to St. Paul's Counter-Claim for Declaratory Relief and Reformation)(Thorpe, Sara) (Filed on 6/1/2006)
May 26, 2006 Opinion or Order Filing 35 STIPULATION of Dismissal of Action Against Defs Federal Insurance Co and Executive Risk Specialty Ins Co by Netscape Communications Corporation. (Hsu, Hway-Ling) (Filed on 5/26/2006)
May 18, 2006 Opinion or Order Filing 34 St. Paul's ANSWER to Amended Complaint and, First COUNTERCLAIM against Netscape Communications Corporation, American Online, Inc. bySt. Paul Mercury Insurance Company. (Kerby, David) (Filed on 5/18/2006)
May 8, 2006 Opinion or Order Filing 33 ORDER to show cause re: settlement between Plaintiffs and Defendants Federal and Executive. (jwlc2, COURT STAFF) (Filed on 5/8/2006)
May 8, 2006 Opinion or Order Filing 32 ORDER by Judge James Ware denying 25 St.Paul's Motion to Dismiss; scheduling further case management conference. (jwlc2, COURT STAFF) (Filed on 5/8/2006)
April 3, 2006 Opinion or Order Filing 31 Reply to Opposition of Motion to Dismiss Plaintiffs' Seventh Cause of Action filed bySt. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 4/3/2006)
April 3, 2006 Opinion or Order Filing 30 Reply to Opposition To Motion to Dismiss Seventh Cause of Action For Unfair Business Practices and Motion to Strike Portions of Plaintiffs' First Amended Complaint filed byFederal Insurance Company, Executive Risk Speciality Insurance Company. (McInnis, Terrence) (Filed on 4/3/2006)
March 27, 2006 Opinion or Order Filing 29 MEMORANDUM in Opposition Plaintiffs' Opposition to Defendants' (1) Motions to Dismiss Plaintiffs' Seventh Cause of Action and (2) Motion to Strike; Memorandum of Points and Authorities filed byNetscape Communications Corporation, American Online, Inc.. (Hsu, Hway-Ling) (Filed on 3/27/2006)
March 17, 2006 Opinion or Order Filing 28 JOINT CASE MANAGEMENT STATEMENT and [Proposed] Case Management Order filed by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 3/17/2006)
March 13, 2006 Opinion or Order Filing 27 Proposed Order re 26 MOTION to Dismiss SEVENTH CAUSE OF ACTION FOR UNFAIR BUSINESS PRACTICES AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES by Federal Insurance Company, Executive Risk Speciality Insurance Company. (McInnis, Terrence) (Filed on 3/13/2006)
March 13, 2006 Opinion or Order Filing 26 MOTION to Dismiss SEVENTH CAUSE OF ACTION FOR UNFAIR BUSINESS PRACTICES AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES filed by Federal Insurance Company, Executive Risk Speciality Insurance Company. Motion Hearing set for 4/17/2006 09:00 AM in Courtroom 8, 4th Floor, San Jose. (McInnis, Terrence) (Filed on 3/13/2006)
March 10, 2006 Opinion or Order Filing 25 MOTION to Dismiss Plaintiffs' Seventh Cause of Action; Memorandum of Points and Authorities filed by St. Paul Mercury Insurance Company. Motion Hearing set for 4/17/2006 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Thorpe, Sara) (Filed on 3/10/2006)
March 10, 2006 Opinion or Order Filing 24 Proposed Order Granting Defendant St. Paul's Motion to Dismiss Plaintiffs' Seventh Cause of Action by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 3/10/2006)
March 10, 2006 Opinion or Order Filing 23 *** FILED IN ERROR. WRONG CASE . NO NEW DOCUMENT. *** (Thorpe, Sara) (Filed on 3/10/2006) Modified on 3/10/2006 (br, COURT STAFF). Modified text on 3/13/2006, document posted in the wrong case number by counsel should be C03-4406 JCS. (cv, COURT STAFF).
February 24, 2006 Opinion or Order Filing 22 AMENDED COMPLAINT First Amended Complaint against Federal Insurance Company, et al. against Netscape Communications Corporation, American Online, Inc.. Filed byNetscape Communications Corporation, American Online, Inc.. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13)(Hsu, Hway-Ling) (Filed on 2/24/2006)
February 22, 2006 Opinion or Order Filing 21 ORDER by Judge James Ware granting 9 Motion to Dismiss, granting 11 Motion to Dismiss (jwlc1, COURT STAFF) (Filed on 2/22/2006)
February 13, 2006 Opinion or Order Filing 20 Reply Memorandum in Support of Motion to Dismiss Plaintiffs' Ninth Cause of Action and, in the Alternative, Motion to Strike and/or Motion for More Definite Statement filed bySt. Paul Mercury Insurance Company. (Ratinoff, Jeffrey) (Filed on 2/13/2006)
February 13, 2006 Opinion or Order Filing 19 Joinder in Motion to Dismiss Filed by Defendants Federal Insurance Company and Executive Risk Specialty Insurance Co. by St. Paul Mercury Insurance Company, St. Paul Mercury Insurance Company. (Ratinoff, Jeffrey) (Filed on 2/13/2006)
February 13, 2006 Opinion or Order Filing 18 Joinder re 11 MOTION to Dismiss Plaintiffs' Ninth Cause of Action, Motion to Strike Prayer, or Alternatively for More Definite Statement by Federal Insurance Company, Executive Risk Speciality Insurance Company, Federal Insurance Company, Executive Risk Speciality Insurance Company. (McInnis, Terrence) (Filed on 2/13/2006)
February 13, 2006 Opinion or Order Filing 17 Reply to Opposition re 9 MOTION to Dismiss Ninth Cause of Action for Unfair Business Practices; Memorandum of Points and Authorities in Support Thereof filed byFederal Insurance Company, Executive Risk Speciality Insurance Company. (McInnis, Terrence) (Filed on 2/13/2006)
February 6, 2006 Opinion or Order Filing 16 Certificate of Interested Entities or persons filed by NCC and AOIof Plaintiffs (van Niekerk, Marc) (Filed on 2/6/2006) Modified on 2/27/2006 (cv, COURT STAFF).
February 6, 2006 Opinion or Order Filing 15 Memorandum in Opposition to Defendants' Motion to Dismiss Plaintiffs' Ninth Cause of Action, Motion to Strike Prayer, or Alternatively for More Definite Statement filed byNetscape Communications Corporation, American Online, Inc.. (van Niekerk, Marc) (Filed on 2/6/2006)
January 26, 2006 Opinion or Order Filing 14 CERTIFICATE OF SERVICE by St. Paul Mercury Insurance Company re 1 Notice of Removal,,, (Ratinoff, Jeffrey) (Filed on 1/26/2006)
January 19, 2006 Opinion or Order Filing 13 Proposed Order Granting Defendant St. Paul's Motion to Dismiss Plaintiffs' Ninth Cause of Action, Motion to Strike Prayer, or Alternatively for More Definite Statement by St. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 1/19/2006)
January 19, 2006 Opinion or Order Filing 12 Declaration of Sara M. Thorpe in Support of Defendant St. Paul's Motion to Dismiss Plaintiffs' Ninth Cause of Action, Motion to Strike Prayer, or Alternatively for More Definite Statement filed bySt. Paul Mercury Insurance Company. (Thorpe, Sara) (Filed on 1/19/2006)
January 19, 2006 Opinion or Order Filing 11 MOTION to Dismiss Plaintiffs' Ninth Cause of Action, Motion to Strike Prayer, or Alternatively for More Definite Statement filed by St. Paul Mercury Insurance Company. Motion Hearing set for 2/27/2006 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Thorpe, Sara) (Filed on 1/19/2006)
January 19, 2006 Opinion or Order Filing 10 Proposed Order re 9 MOTION to Dismiss Ninth Cause of Action for Unfair Business Practices; Memorandum of Points and Authorities in Support Thereof by Federal Insurance Company, Executive Risk Speciality Insurance Company. (McInnis, Terrence) (Filed on 1/19/2006)
January 19, 2006 Opinion or Order Filing 9 MOTION to Dismiss Ninth Cause of Action for Unfair Business Practices; Memorandum of Points and Authorities in Support Thereof filed by Federal Insurance Company, Executive Risk Speciality Insurance Company. Motion Hearing set for 2/27/2006 09:00 AM in Courtroom 8, 4th Floor, San Jose. (McInnis, Terrence) (Filed on 1/19/2006)
January 19, 2006 Opinion or Order Filing 8 ORDER REASSIGNING CASE. Case reassigned to Judge James Ware for all further proceedings. Magistrate Judge Patricia V. Trumbull remains as the referral judge to the case. Signed by Executive Committee on January 19, 2006. (bw, COURT STAFF) (Filed on 1/19/2006)
January 19, 2006 Opinion or Order Filing 7 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (pmc, COURT STAFF) (Filed on 1/19/2006)
January 18, 2006 Opinion or Order Filing 6 Declination to Proceed Before a U.S. Magistrate Judge by Federal Insurance Company, Executive Risk Speciality Insurance Company and Request for Reassignment to a United States District Court Judge. (McInnis, Terrence) (Filed on 1/18/2006)
January 12, 2006 Opinion or Order Filing 5 ERRATA NOTICE REGARDING "EXHIBIT A" TO DEFENDANTS ST. PAUL MERCURY INSURANCE CO., FEDERAL INSURANCE CO. AND EXECUTIVE RISK SPECIALTY INSURANCE CO.'S NOTICE OF REMOVAL OF ACTION by Federal Insurance Company, St. Paul Mercury Insurance Company, Executive Risk Speciality Insurance Company, Federal Insurance Company, St. Paul Mercury Insurance Company, Executive Risk Speciality Insurance Company. (Attachments: # 1 Plaintiffs' Complaint with Exhibits# 2 Ex. 1# 3 Ex. 2# 4 Ex. 3# 5 Ex. 4# 6 Ex. 5 (part one)# 7 Ex. 5 (part two)# 8 Ex. 5 (part three)# 9 Ex. 6# 10 Ex. 7# 11 Ex. 8# 12 Certificate of Service)(Ratinoff, Jeffrey) (Filed on 1/12/2006)
January 12, 2006 Opinion or Order CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 1/12/2006)
January 11, 2006 Opinion or Order Filing 4 ADR SCHEDULING ORDER: Case Management Statement due by 5/16/2006. Case Management Conference set for 5/23/2006 02:00 PM. (bw, COURT STAFF) (Filed on 1/11/2006) Additional attachment(s) added on 1/11/2006 (bw, COURT STAFF).
January 11, 2006 Opinion or Order Filing 3 Certificate of Interested non-Parties filed by St. Paul Mercury Insurance (bw, COURT STAFF) (Filed on 1/11/2006) Additional attachment(s) added on 1/11/2006 (bw, COURT STAFF). Modified on 2/27/2006 (cv, COURT STAFF).
January 11, 2006 Opinion or Order Filing 2 Certificate of Interested Entities or Persons filed by FIC and ERSIC (bw, COURT STAFF) (Filed on 1/11/2006) Additional attachment(s) added on 1/11/2006 (bw, COURT STAFF). Modified on 2/27/2006 (cv, COURT STAFF).
January 11, 2006 Opinion or Order Filing 1 NOTICE OF REMOVAL (NO PROCESS) from Superior Court of California, Santa Clara County. Their case number is 105CV054312. (Filing fee $250 receipt number 5513746). Filed bySt. Paul Mercury Insurance Company. (bw, COURT STAFF) (Filed on 1/11/2006) Additional attachment(s) added on 1/12/2006 (bw, COURT STAFF). Additional attachment(s) added on 1/12/2006 (bw, COURT STAFF). Additional attachment(s) added on 1/12/2006 (bw, COURT STAFF). Additional attachment(s) added on 1/12/2006 (bw, COURT STAFF). Additional attachment(s) added on 1/12/2006 (bw, COURT STAFF). Additional attachment(s) added on 1/12/2006 (bw, COURT STAFF). Additional attachment(s) added on 1/12/2006 (bw, COURT STAFF). Additional attachment(s) added on 1/12/2006 (bw, COURT STAFF). Additional attachment(s) added on 1/12/2006 (bw, COURT STAFF). Additional attachment(s) added on 1/12/2006 (bw, COURT STAFF). Additional attachment(s) added on 1/12/2006 (bw, COURT STAFF).

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Search for this case: Netscape Communications Corporation et al v. Federal Insurance Company et al
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Plaintiff: Netscape Communications Corporation
Represented By: Leslie Ann Pereira
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Plaintiff: American Online, Inc.
Represented By: Leslie Ann Pereira
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Defendant: St. Paul Mercury Insurance Company
Represented By: Sara Mary Thorpe
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Counter-claimant: St. Paul Mercury Insurance Company
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