Continental Casualty Company, et al v. Winder Laboratories, LLC, et al
| CONTINENTAL CASUALTY COMPANY and VALLEY FORGE INSURANCE COMPANY |
| STEVEN PRESSMAN, WINDER LABORATORIES, LLC and CONCORDIA PHARMACEUTICALS, S.A.R.L. |
| COMPLEX INSURANCE CLAIMS LITIGATION ASSOCIATION, AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION and NATIONAL ASSOCIATION OF MUTUAL INSURANCE COMPANIES |
| 21-11758 |
| May 19, 2021 |
| U.S. Court of Appeals, Eleventh Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
 Continental Casualty Company, et al v. Winder Laboratories, LLC, et al
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Docket Report
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This docket was last retrieved on December 21, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Received paper copies of EBrief filed by Appellants-Cross Appellees CNA and Valley Forge Insurance Company. [Entered: 12/22/2021 02:19 PM] |
| Received paper copies of EAppendix filed by Appellants-Cross Appellees CNA and Valley Forge Insurance Company. 3 VOLUMES - 2 COPIES [Entered: 12/22/2021 02:20 PM] |
| SUPPLEMENTAL Appendix filed [three VOLUMES] by Appellants-Cross Appellees CNA and Valley Forge Insurance Company. [21-11758] (ECF: Laurie Daniel) [Entered: 12/21/2021 02:47 PM] |
| Appellant-Cross Appellee's Brief filed by Appellants-Cross Appellees CNA and Valley Forge Insurance Company. [21-11758] (ECF: Laurie Daniel) [Entered: 12/20/2021 11:01 PM] |
ORDER: The Corrected Joint Motion to Extend Briefing Schedule is GRANTED. Appellants/Cross-Appellees reply brief is due on December 20, 2021. Appellees/Cross-Appellants reply brief is due on January 31, 2022. [ # 9530364-2 ] [ # 9530364-3 ] CRW [Entered: 11/15/2021 04:12 PM]
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| CORRECTED TIME SENSITIVE MOTION for extension of time to file appellant/cross-appellee's brief to 12/20/2021, for extension of time to file reply brief to 01/31/2022 filed by CNA and Valley Forge Insurance Company. Motion is Unopposed. [9530364-1] [21-11758] (ECF: Nicholas Boyd) [Entered: 11/13/2021 02:05 PM] |
| ****Docketing Error*** TIME SENSITIVE MOTION for extension of time to file appellant/cross-appellee's brief to 12/20/2021, for extension of time to file reply brief to 02/01/2021 filed by CNA and Valley Forge Insurance Company. Motion is Unopposed. [9530362-1] [21-11758]--[Edited 11/15/2021 by JC] (ECF: Nicholas Boyd) [Entered: 11/12/2021 11:58 PM] |
| Received paper copies of EBrief filed by Appellees-Cross Appellants Steven Pressman and Winder Laboratories, LLC. [Entered: 11/01/2021 11:56 AM] |
| Appellee-Cross Appellant's Brief filed by Appellees-Cross Appellants Steven Pressman and Winder Laboratories, LLC. [21-11758] (ECF: James Cobb) [Entered: 10/28/2021 02:22 PM] |
| Received paper copies of EBrief filed by Amicus Curium American Property Casualty Insurance Association, Complex Insurance Claims Litigation Association and National Association of Mutual Insurance Companies. [Entered: 09/24/2021 10:56 AM] |
| The amicus brief filed by Attorney Lena Mirilovic for Amicus Curium Complex Insurance Claims Litigation Association, American Property Casualty Insurance Association and National Association of Mutual Insurance Companies has been conditionally filed. It may be clerically stricken and treated as though it were never filed if an appearance form is not filed within 14 days from this date. [Entered: 09/09/2021 12:32 PM] |
| APPEARANCE of Counsel Form filed by Lena Mirilovic for American Property Casualty Insurance Association, Complex Insurance Claims Litigation Association and National Association of Mutual Insurance Companies. [21-11758] (ECF: Lena Mirilovic) [Entered: 09/09/2021 03:45 PM] |
| Amicus Brief as of right or by consent of the parties filed by Lena Mirilovic for Complex Insurance Claims Litigation Association, American Property Casualty Insurance Association, and National Association of Mutual Insurance Companies. [21-11758] (ECF: Lena Mirilovic) [Entered: 09/07/2021 06:38 PM] |
| Appendix filed [8 Volumes VOLUMES] by Appellants-Cross Appellees CNA and Valley Forge Insurance Company. [21-11758] (ECF: Nicholas Boyd) [Entered: 09/07/2021 11:04 AM] |
| Received paper copies of EAppendix filed by Appellants-Cross Appellees CNA and Valley Forge Insurance Company. 8 VOLUMES - 2 COPIES (ALL INSIDE 2 BOX) --[Edited 09/09/2021 by GAF] [Entered: 09/09/2021 11:50 AM] |
| Received paper copies of EBrief filed by Appellants-Cross Appellees CNA and Valley Forge Insurance Company. [Entered: 09/02/2021 12:15 PM] |
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ORDER: The motions of Continental Casualty Company and Valley Forge Insurance Company to amend their complaint and supplement the record on appeal are GRANTED, and this appeal MAY PROCEED. We accept the evidence submitted with Continental and Valley Forges motion to supplement, and we deem the record so supplemented. See Cabalceta v. Standard Fruit Co., 883 F.2d 1553, 1555 (11th Cir. 1989). Furthermore, the complaint is amended to allege the following: (1) Continental is incorporated in Illinois and has its principal place of business in that state; (2) Valley Forge is incorporated in Pennsylvania and has its principal place of business in Illinois; (3) Winder Laboratories, LLCs members are Steven Pressman, a California citizen, Jeff Pressman, a California citizen, Abul Bhuiyan, a Florida citizen, RG Investors, LLC, which has a California citizen as its single member, and RMB Services, LLC, which has a Florida citizen as its single member; (4) Concordia Pharmaceuticals, SARL, is organized under the laws of Luxembourg, has its principal place of business in Barbados, and, at the relevant time, had a single corporate member, which was incorporated in Canada and had its principal place of business in that country. We deem the complaint, as amended, sufficient to invoke the district courts diversity jurisdiction. 28 U.S.C. 1332(a)(1), (c)(1); Freeport McMoRan, Inc. v. K N Energy, Inc., 498 U.S. 426, 428 (1991); Travaglio v. Am. Express Co., 735 F.3d 1266, 1269 (11th Cir. 2013); Underwriters at Lloyds, London v. Osting Schwinn, 613 F.3d 1079, 1086 (11th Cir. 2010); MacGinnitie v. Hobbs Grp., LLC, 420 F.3d 1234, 1239 (11th Cir. 2005). Continental and Valley Forge are directed to file notice of this order in the district court along with a copy of this order and the newly amended complaint. [ # 9430985-2 ] [ # 9430984-2 ] JP and ALB [Entered: 08/31/2021 03:44 PM]
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| Appellant's brief filed by CNA and Valley Forge Insurance Company. [21-11758] (ECF: Laurie Daniel) [Entered: 08/31/2021 09:43 PM] |
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ORDER: The Corrected Joint Motion to Extend Briefing Schedule is GRANTED. Appellants/Cross-Appellees brief is due on August 31, 2021. Appellees/Cross-Appellants brief is due on October 28, 2021. Appellants/Cross-Appellees reply brief is due on November 29, 2021. Appellees/Cross-Appellants reply brief is due on December 20, 2021. [ # 9439030-2 ] [ # 9439030-3 ] CRW [Entered: 07/21/2021 12:39 PM]
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| Notice of deficient motion filed by Nicholas Boyd for Valley Forge Insurance Company and CNA. The motion for extension of time does not comply with 11th Circuit Rule 33-1(c)(3). Motions shall not contain any reference to the Kinnard Mediation Center. Counsel must file a corrected motion within 3 days. [Entered: 07/19/2021 10:20 AM] |
| MOTION for extension of time to file appellant's brief to 08/31/2021, for extension of time to file appellee/cross-appellant's brief to 10/28/2021 filed by CNA and Valley Forge Insurance Company. Motion is Unopposed. [9439030-1] [21-11758] (ECF: Nicholas Boyd) [Entered: 07/19/2021 04:42 PM] |
| ***Docketing Error*** MOTION for extension of time to file appellant's brief to 08/31/2021, for extension of time to file appellee/cross-appellant's brief to 10/28/2021 filed by CNA and Valley Forge Insurance Company. Motion is Unopposed. [9437803-1] [21-11758]--[Edited 07/19/2021 by JC] (ECF: Nicholas Boyd) [Entered: 07/16/2021 10:35 PM] |
| MOTION to amend document filed by CNA and Valley Forge Insurance Company. Opposition to Motion is Unknown. [9430985-1] [21-11758] (ECF: Nicholas Boyd) [Entered: 07/08/2021 11:00 PM] |
| Response to Jurisdictional Question filed by Appellants-Cross Appellees CNA and Valley Forge Insurance Company [21-11758] (ECF: Nicholas Boyd) [Entered: 07/08/2021 10:45 PM] |
| Response to Jurisdictional Question filed by Appellees-Cross Appellants Winder Laboratories, LLC and Steven Pressman [21-11758] (ECF: James Cobb) [Entered: 07/08/2021 07:07 PM] |
| MOTION to supplement the record filed by CNA and Valley Forge Insurance Company. Opposition to Motion is Unknown. [9430984-1] [21-11758] (ECF: Nicholas Boyd) [Entered: 07/08/2021 10:47 PM] |
| JURISDICTIONAL QUESTIONS issued. [Entered: 06/24/2021 01:01 PM] |
| Civil Appeal Statement filed by Attorney James William Cobb for Appellees-Cross Appellants Steven Pressman and Winder Laboratories, LLC. [21-11758] (ECF: James Cobb) [Entered: 06/24/2021 04:48 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney James William Cobb for Appellees-Cross Appellants Steven Pressman and Winder Laboratories, LLC. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-11758] (ECF: James Cobb) [Entered: 06/16/2021 01:52 PM] |
| Notice to Counsel of Record. Counsel of Record must be logged in to CM/ECF and Pacer to access this document. This is the only notice you will receive regarding this matter. Please print a copy for your file. [21-11758, 21-11944] [Entered: 06/08/2021 10:12 AM] |
| APPEARANCE of Counsel Form filed by Nicholas Boyd for Continental Casualty Company and Valley Forge Insurance Company [21-11758] (ECF: Nicholas Boyd) [Entered: 06/04/2021 02:31 PM] |
| Civil Appeal Statement filed by Attorney Julie K. Linhart for Appellants CNA and Valley Forge Insurance Company. [21-11758] (ECF: Julie Linhart) [Entered: 06/04/2021 11:32 AM] |
| APPEARANCE of Counsel Form filed by Laurie Webb Daniel for Continental Casualty Company and Valley Forge Insurance Company [21-11758] (ECF: Laurie Daniel) [Entered: 06/04/2021 02:34 PM] |
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ORDER: The motion to withdraw Kathryn M. Guinn and Maxwell R. Jones as counsel for the appellants is GRANTED. (AGW) [ # 9400568-2 ] [Entered: 06/03/2021 12:43 PM]
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| Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Julie K. Linhart for Appellants CNA and Valley Forge Insurance Company. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-11758] (ECF: Julie Linhart) [Entered: 06/02/2021 03:14 PM] |
| APPEARANCE of Counsel Form filed by James William Cobb for Steven Pressman and Winder Laboratories, LLC. [21-11758] (ECF: James Cobb) [Entered: 06/02/2021 05:14 PM] |
| MOTION to withdraw as counsel filed by Attorney Maxwell Ryan Jones for Appellants CNA and Valley Forge Insurance Company. Motion is Unopposed [9400568-1] [21-11758] (ECF: Maxwell Jones) [Entered: 06/02/2021 04:15 PM] |
| APPEARANCE of Counsel Form filed by Sarah A. Brewerton-Palmer for Steven Pressman and Winder Laboratories, LLC. [21-11758] (ECF: Sarah Brewerton-Palmer) [Entered: 06/02/2021 05:16 PM] |
| CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellees-Cross Appellants Steven Pressman and Winder Laboratories, LLC on 06/01/2021. Fee Status: Fee Paid. No hearings to be transcribed. [Entered: 06/10/2021 03:41 PM] |
| APPEARANCE of Counsel Form filed by Kathryn Maynard Guinn for CCA and Valley Forge Insurance Company. [21-11758]--[Edited 05/27/2021 by JC] (ECF: Maxwell Jones) [Entered: 05/27/2021 09:37 AM] |
| APPEARANCE of Counsel Form filed by Maxwell Ryan Jones for CCA and Valley Forge Insurance Company. [21-11758]--[Edited 05/27/2021 by JC] (ECF: Maxwell Jones) [Entered: 05/27/2021 09:39 AM] |
| Appellate fee was paid on 05/19/2021 as to Appellant CCA.--[Edited 05/27/2021 by JC] [Entered: 05/26/2021 09:33 AM] |
| APPEARANCE of Counsel Form filed by Julie K. Linhart for CCA and Valley Forge Insurance Company. [21-11758]--[Edited 05/27/2021 by JC] (ECF: Julie Linhart) [Entered: 05/26/2021 04:33 PM] |
| TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Julie K. Linhart for Appellants CCA and Valley Forge Insurance Company. No hearings. [21-11758]--[Edited 05/27/2021 by JC] (ECF: Julie Linhart) [Entered: 05/26/2021 04:41 PM] |
| CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellants CCA and Valley Forge Insurance Company on 05/19/2021. Fee Status: Fee Paid. No hearings to be transcribed. The appellant's brief is due on or before 06/28/2021. The appendix is due no later than 7 days from the filing of the appellant's brief. Awaiting Appellant's Certificate of Interested Persons due on or before 06/02/2021 as to Appellant Continental Casualty Company. Awaiting Appellee's Certificate of Interested Persons due on or before 06/16/2021 as to Appellees Concordia Pharmaceuticals, S.A.R.L. and Steven Pressman--[Edited 05/27/2021 by JC] [Entered: 05/26/2021 09:30 AM] |
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