Hartford Accident & Indemnity v. Lawrence Fitzpatrick
| NATIONAL UNION FIRE INSURANCE CO, Pittsburgh PA, INSURANCE CO OF THE STATE OF PENNSYLVANIA, CENTURY INDEMNITY CO, as successor to CIGNA Specialty Company, formerly known as California Union Insurance Company, TWIN CITY FIRE INSURANCE CO, LEXINGTON INSURANCE CO, FIRST STATE INSURANCE CO, WESTCHESTER FIRE INSURANCE CO, for itself and for International Insurance Company (now known as TIG Insurance Company)(by operation of novation all rights and obligations under the policies have been transferred from International Insurance Co. to We, AMERICAN HOME ASSURANCE CO, and any other entities related to American International Group, Inc. that engaged in business transactions with the Reorganizing Debtors and HARTFORD ACCIDENT & INDEMNITY CO |
| STATE OF TENNESSEE, STATE OF WASHINGTON, STATE OF NEW JERSEY, COLORADO, STATE OF WEST VIRGINIA, STATE OF NEW MEXICO, STATE OF MONTANA, STATE OF NEBRASKA, STATE OF MAINE, STATE OF MISSOURI, STATE OF OREGON, STATE OF DELAWARE, STATE OF MARYLAND, STATE OF SOUTH CAROLINA, STATE OF UTAH, STATE OF NEVADA, STATE OF IDAHO and In re: GLOBAL INDUSTRIAL TECHNOLOGIES INC |
| OFFICIAL COMMITTEE OF ASBESTOS CREDITORS, LAWRENCE FITZPATRICK, Legal Representative to the Future Claimants, PHILIP A. PAHIGIAN, Legal Representative to the Future Silica Personal Injury Claimants and OFFICIAL COMMITTEE OF UNSECURED TRADE CREDITORS |
| 08-3650 |
| September 5, 2008 |
| U.S. Court of Appeals, Third Circuit |
| Other |
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| NOTICE of U.S. Supreme Court disposition at No. 11-280. Petition for Writ of Ceriorari filed by Global Ind Tech Inc denied on 11/07/2011. (CRG) [Entered: 11/15/2011 12:20 PM] |
| NOTICE from U.S. Supreme Court. Petition for Writ of Certiorari filed by Global Ind Tech Inc on 08/31/2011. Supreme Court Case No. 11-280. (CRG) [Entered: 11/15/2011 12:20 PM] |
| U.S. Supreme Court Letter dated 07/22/2011 granting Appellee Global Ind Tech Inc an extension of time to and including 09/01/2011 to file petition for writ of certiorari. Supreme Court Application No. 11A89. (CRG) [Entered: 07/28/2011 02:24 PM] |
| AMENDED MANDATE ISSUED, filed. (TYW) [Entered: 06/06/2011 12:31 PM] |
| TEXT ONLY ORDER (Clerk) It appears that this Court's judment and mandate incorrectly identified the lower court case as No. 07-cv-1750 rather than No. 07-cv-1749. Accordingly, it is hereby ORDERED that an amended judgment and mandate shall be issued to correct this error. As the error is typographical in nature, the date of the judgment will not be modified. It is noted that the lower docket number appeared correctly on this Court's opinion. (PD) [Entered: 06/06/2011 12:14 PM] |
| MANDATE ISSUED, filed. (TMM) [Entered: 05/26/2011 02:19 PM] |
| JUDGMENT the Order issued by the District Court on July 25, 2008 is Vacated and the case is Remanded to the District Court with instructions to remand to the United States Bankruptcy Court for the Western District of Pennsylvania for further proceedings. Costs taxed against the Appellee. (TYW) [Entered: 05/04/2011 09:55 AM] |
| PRECEDENTIAL OPINION Coram: Chief Judge MCKEE, SCIRICA, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, VANASKIE and NYGAARD, Circuit Judges. Total Pages: 45. Judge: JORDAN Authoring, Judge: NYGAARD Dissenting, Judge, with whom Circuit Judges SCIRICA, FUENTES and FISHER join Dissenting. (TYW) [Entered: 05/04/2011 09:49 AM] |
| AMENDED JUDGMENT , filed. (TYW) [Entered: 06/06/2011 12:20 PM] |
| Argued (Rehearing En Banc) on Wednesday, October 13, 2010 before MCKEE, CHief Judge, SCIRICA, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, VANASKIE and NYGAARD, Circuit Judges. Craig Goldblatt arguing for Appellants Hartford Accident & Indemnity Company, First State Ins Co, and Twin City Fire Ins; Peter V. Lockwood arguing for Appellee Official Comm of Asbestos Creditors; James J. Restivo, Jr. arguing for Appellee Global Ind Tech Inc. (CMH) [Entered: 10/13/2010 12:05 PM] |
| ECF FILER: DIVISION OF TIME FORM filed by Attorney James J. Restivo, Jr., Esq. for Appellee Global Ind Tech Inc. Certificate of Service dated 09/29/2010. (JJR) [Entered: 09/29/2010 11:13 AM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Craig Goldblatt, Esq. for Appellants Hartford Accident & Indemnity Company, First State Ins Co and Twin City Fire Ins. Certificate of Service dated 09/25/2010. (CG) [Entered: 09/25/2010 12:54 PM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney James J. Restivo, Jr., Esq. for Appellee Global Ind Tech Inc. Certificate of Service dated 09/24/2010. (JJR) [Entered: 09/24/2010 10:42 AM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Peter V. Lockwood, Esq. for Appellee Official Comm of Asbestos Creditors. Certificate of Service dated 09/23/2010. (PVL) [Entered: 09/23/2010 04:34 PM] |
| Oral Argument Notification for Wednesday, 10/13/2010. (CMH) [Entered: 07/26/2010 10:03 AM] |
| Case calendared for Wednesday, October 13, 2010. (Rescheduled fom listed at the Convenience of the Court) (CMH) [Entered: 06/29/2010 04:43 PM] |
| AMENDED SUA SPONTE ORDER (Coram: MCKEE, Chief Judge, SCIRICA, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, VANASKIE and *NYGAARD, Circuit Judges) It is ordered that the Clerk of this Court list the above case for rehearing en banc at the convenience of the Court, filed. Authoring Chief Judge:Theodore A. McKee. *Judge Nygaard will participate as a member of the en banc court pursuant to 3d. Cir. I.O.P. 9.6.4. (CRG) [Entered: 06/15/2010 02:13 PM] |
| SUA SPONTE ORDER (Coram: Chief Judge MCKEE, SCIRICA, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN and VANASKIE, Circuit Judges) it is ordered that the Clerk of this Court list the above case for hearing en banc at the convenience of the Court, filed. Authoring Judge:McKee. (TYW) [Entered: 06/10/2010 12:52 PM] |
| ARGUED on Thursday, May 21, 2009 in Pittsburgh, PA before FUENTES, JORDAN and NYGAARD, Circuit Judges Craig Goldblatt arguing for Appellants Hartford Accident & Indemnity Company, et al. Peter V. Lockwood arguing for Appellee Official Comm of Asbestos Creditors in 08-3650 & 08-3651;James J. Restivo, Jr. arguing for Appellee Global Ind Tech Inc in 08-3650; Danielle M. Spinelli arguing for Appellants Hartford Accident & Indemnity Company, et al. Craig H. Zimmerman arguing for Appellee Honeywell Intl Inc. in 08-3651. [08-3650, 08-3651] (TLG) [Entered: 05/21/2009 04:48 PM] |
| ECF FILER: DIVISION OF TIME FORM filed by Attorney James J. Restivo, Jr., Esq. for Appellee Global Ind Tech Inc in 08-3650, Attorney James J. Restivo, Jr., Esq. for Appellees N Amer Refractories, Tri Star Refractories Inc, I Tec Holding Corp and Intertec Co in 08-3651. Certificate of Service dated 05/01/2009. [08-3650, 08-3651] (JJR) [Entered: 05/01/2009 10:39 AM] |
| ECF FILER: DIVISION OF TIME FORM filed by Attorney Danielle M. Spinelli, Esq. for Appellants Hartford Accident & Indemnity Company, First State Ins Co and Twin City Fire Ins in 08-3650, 08-3651. Certificate of Service dated 04/30/2009. [08-3650, 08-3651] (DMS) [Entered: 04/30/2009 03:07 PM] |
ORDER (FUENTES, JORDAN and NYGAARD, Circuit Judges) considering Motion filed by Appellants First State Ins Co, et al., Century Indemnity Co., et al., and Natl Union Fire Ins., et al. to Extend Time for Oral Argument. The parties are granted 25 minutes per side, filed. Julio M. Fuentes, Authoring Judge. [08-3650, 08-3651] (TLG) [Entered: 04/28/2009 04:19 PM]
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| ECF FILER: Motion filed by Appellants First State Ins Co, Hartford Accident & Indemnity Company and Twin City Fire Ins in 08-3650, 08-3651to Extend Time for Oral Argument. Certificate of Service dated 04/24/2009. [08-3650, 08-3651]--[Edited 04/27/2009 by TLW] (DMS) [Entered: 04/24/2009 05:06 PM] |
| Oral Argument Notification for Thursday, 05/21/2009 in Pittsburgh, PA. [08-3650, 08-3651] (TLG) [Entered: 04/20/2009 11:56 AM] |
| ECF FILER: Response filed by Appellants First State Ins Co, Hartford Accident & Indemnity Company and Twin City Fire Ins to Rule 28(j) letter. Certificate of Service dated 04/06/2009. This document will be SENT TO THE MERITS PANEL, if/when applicable. (DMS) [Entered: 04/06/2009 01:41 PM] |
| NONCOMPLIANCE ORDER sent to Attorney Peter V. Lockwood, Esq. for Appellee Official Comm of Asbestos Creditors requesting electronic version of Rule 28(j) letter. Compliance due 04/06/2009. (TYW) [Entered: 04/01/2009 11:10 AM] |
| ECF FILER: Letter dated 03/31/2009 , filed pursuant to Rule 28(j) from counsel for Appellee Official Comm of Asbestos Creditors. This document will be SENT TO THE MERITS PANEL, if/when applicable. (PVL) [Entered: 04/01/2009 05:15 PM] |
| COMPLIANCE RECEIVED. Electronically filed Rule 28(j) letter. (TYW) [Entered: 04/02/2009 10:05 AM] |
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ORDER (FUENTES, JORDAN and NYGAARD, Circuit Judges) denying Joint Motion by Appellants Hartford Accident & Indemnity Company, et al. and Appellees Official Comm of Asbestos Creditors, et al. to establish oral argument schedule. Upon receipt of the argue list, and notice of the argue time allotted to each side by the panel, the parties may submit, to the Clerk, a proposed division of time, filed. Julio M. Fuentes, Authoring Judge.--[Edited 03/24/2009 by TLW] (TLG) [Entered: 03/24/2009 01:41 PM]
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ORDER (FUENTES, JORDAN and NYGAARD, Circuit Judges) granting Motion filed by Appellants Amer Home Assurance Co, Hartford Accident & Indemnity Company, Natl Union Fire Ins, Lexington Ins Co, Westchester Fire Ins, First State Ins Co, Twin City Fire Ins, Ins Co of PA and Century Indemnity Co to accept overlength reply briefs, filed. Julio M. Fuentes, Authoring Judge. (MS) [Entered: 03/20/2009 09:46 AM]
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| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Craig Goldblatt, Esq. for Appellants Hartford Accident & Indemnity Company, First State Ins Co and Twin City Fire Ins. Certificate of Service dated 03/18/2009. (CG) [Entered: 03/18/2009 06:45 PM] |
| ECF FILER: JOINT Motion filed by Appellants First State Ins Co, Hartford Accident & Indemnity Company and Twin City Fire Ins, et al. and Appellees Official Comm of Asbestos Creditors, et al. to Establish Oral Argument Schedule. Certificate of Service dated 03/18/2009.--[Edited 03/19/2009 by TLW]--[Edited 03/19/2009 by TLW] (CG) [Entered: 03/18/2009 06:56 PM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Craig Goldblatt, Esq. for Appellants Hartford Accident & Indemnity Company, First State Ins Co and Twin City Fire Ins. Certificate of Service dated 03/18/2009. (CG) [Entered: 03/18/2009 06:44 PM] |
| ECF FILER: DIVISION OF TIME FORM filed by Attorney Craig Goldblatt, Esq. for Appellants Hartford Accident & Indemnity Company, First State Ins Co and Twin City Fire Ins. Certificate of Service dated 03/18/2009. [Entry edited by Clerk's Office to reflect that the previous Division of Time form filed on 3/18/2009 has been deleted from the docket as counsel has refiled the corrected form on 3/18/2009.]--[Edited 03/19/2009 by TLW] (CG) [Entered: 03/18/2009 07:06 PM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney James J. Restivo, Jr., Esq. for Appellee Global Ind Tech Inc. Certificate of Service dated 03/13/2009. (JJR) [Entered: 03/13/2009 01:05 PM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Paul M. Thompson, Esq. for Appellee Honeywell Intl Inc. Certificate of Service dated 03/13/2009. [08-3651, 08-3650] (PMT) [Entered: 03/13/2009 01:46 PM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Beverly Weiss Manne, Esq. for Appellants Amer Home Assurance Co, Natl Union Fire Ins, Lexington Ins Co and Ins Co of PA. Certificate of Service dated 03/10/2009. (BW) [Entered: 03/10/2009 10:45 AM] |
| HARD COPY RECEIVED from Appellants AIG Member Companies and Joinder in Reply Brief of Applellants Hartford and Century / Westchester- Reply Brief. Copies: 10. (SL) [Entered: 03/09/2009 12:24 PM] |
| HARD COPY RECEIVED from Appellants Hartford and Century - Reply Brief. Copies: 10. (SL) [Entered: 03/09/2009 12:18 PM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Peter V. Lockwood, Esq. for Appellee Official Comm of Asbestos Creditors. Certificate of Service dated 03/09/2009. (PVL) [Entered: 03/09/2009 12:51 PM] |
| ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants First State Ins Co, Hartford Accident & Indemnity Company and Twin City Fire Ins, filed. Certificate of Service dated 03/06/2009 by 3rd party, email. (DMS) [Entered: 03/06/2009 03:57 PM] |
| Calendared for Thursday, 05/21/2009 in Pittsburgh, PA. (Rescheduled from Wednesday, 05/20/2009 in Pittsburgh, PA.) (PM) [Entered: 03/06/2009 03:18 PM] |
| ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants Amer Home Assurance Co, Ins Co of PA, Lexington Ins Co and Natl Union Fire Ins, filed. Certificate of Service dated 03/06/2009 by 3rd party, email. (BW) [Entered: 03/06/2009 04:53 PM] |
| CLERK ORDER, filed. Motion by Appellees Fitzpatrick and Official Comm of Asbestos for Leave to File Supplemental Appendix is granted as to pages SA 60 to SA 89. The remaining portions of the Supplemental Appendix, specifically pages SA 1 to SA 59, will be filed as an addendum. (MS) [Entered: 02/26/2009 10:29 AM] |
| Motion filed by Appellants Amer Home Assurance Co, Century Indemnity Co, First State Ins Co, Hartford Accident & Indemnity Company, Ins Co of PA, Lexington Ins Co, Natl Union Fire Ins, Twin City Fire Ins and Westchester Fire Ins to accept overlength reply briefs. Certificate of Service dated 02/24/2009.--[Edited 02/27/2009 by MS] (DMS) [Entered: 02/24/2009 07:21 PM] |
| ECF FILER ERROR: Reply Brief dated 1/30/09. ERROR: Counsel chose wrong event (Reply Brief). CORRECTION: Selected correct event (Response Brief) and edited text to indicate Joinder. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [08-3650, 08-3651] (EAF) [Entered: 02/17/2009 12:35 PM] |
| Motion filed by Appellees Lawrence Fitzpatrick and Official Comm of Asbestos Creditors to supplement appendix. Certificate of Service dated 02/13/2009. (PEM) [Entered: 02/13/2009 01:15 PM] |
| COMPLIANCE RECEIVED. Motion to file supplemental appendix submitted. (MS) [Entered: 02/17/2009 11:28 AM] |
| NONCOMPLIANCE Order sent to Appellees Lawrence Fitzpatrick and Official Comm of Asbestos Creditors requesting motion for leave to file supplemental appendix. Compliance due 02/17/2009. (MS) [Entered: 02/11/2009 09:36 AM] |
| ECF FILER ERROR: Supplemental Appendix from Appellees Fitzpatrick and Counsel for the Official Commettee of Asbestos Creditors, entitled "Supplemental Addendum". ERROR: Incorrect event selected; wrong party filer selected. Entry incorrectly spread to case No. 08-3651. CORRECTION: Correct event selected; wrong party filer removed; entry deleted from case No. 08-3651. Docket tex modified. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [08-3650, 08-3651] (MS) [Entered: 02/11/2009 09:55 AM] |
| Response filed by Appellants Amer Home Assurance Co, Century Indemnity Co, First State Ins Co, Hartford Accident & Indemnity Company, Ins Co of PA, Lexington Ins Co, Natl Union Fire Ins, Twin City Fire Ins and Westchester Fire Ins to Document Argument Information (oral argument waiver, oral argument, video conference or reschedule). Certificate of Service dated 02/11/2009. This document will be SENT TO THE MERITS PANEL if/when applicable.--[Edited 02/26/2009 by CRG] (DMS) [Entered: 02/11/2009 07:50 PM] |
| ECF FILER ERROR: Response brief on behalf of Appellees Fitzpatrick and Official Comm of Asbesstos Creditors. ERROR: Incorrect event used. Wrong party filer selected. Brief incorrectly spread to case No. 08-3651. CORRECTION: Correct event selected. Incorrect party filers removed. Docket entry removed from 08-3651. Docket test modified to reflect all corrections. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (MS) [Entered: 02/09/2009 03:11 PM] |
| ECF FILER ERROR: Request for Oral Argument ERROR: Incorrect event used CORRECTION: Event corrected and docket text modified. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [08-3650, 08-3651] (TYW) [Entered: 02/06/2009 11:52 AM] |
| ECF FILER ERROR: Letter requesting oral argument ERROR: Incorrect event used CORRECTION: Event corrected and docket text modified THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [08-3650, 08-3651] (TYW) [Entered: 02/05/2009 03:00 PM] |
| LETTER on behalf of Appellee Lawrence Fitzpatrick in 08-3650. Appellee Lawrence Fitzpatrick in 08-3650 will adopt the letter requesting Oral Argument on behalf of Appellee Official Comm of Asbestos Creditors in 08-3650. Certificate of Service dated 02/05/2009. This document will be SENT TO THE MERITS PANEL if/when applicable. [08-3650, 08-3651]--[Edited 02/05/2009 by TYW] (EJH) [Entered: 02/05/2009 12:15 PM] |
| ECF FILER ERROR: Document requesting argument ERROR: Incorrect event and docket text CORRECTION: Event corrected and docket text modified THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [08-3650, 08-3651] (TYW) [Entered: 02/05/2009 12:47 PM] |
| LETTER on behalf of Appellee Honeywell Intl Inc in 08-3651. Appellee Honeywell Intl Inc in 08-3651 will adopt the letter requesting oral argument on behalf of Appellee Official Comm of Asbestos Creditors in 08-3651. Certificate of Service dated 02/05/2009. This document will be SENT TO THE MERITS PANEL if/when applicable. [08-3651, 08-3650] (PMT) [Entered: 02/05/2009 03:39 PM] |
| Letter on behalf of Appellee Philip A. Pahigian in 08-3650 joining the letter requesting oral argument, filed. Certificate of Service dated 02/05/2009 by US mail, clerk. This document will be SENT TO THE MERITS PANEL if/when applicable. [08-3650, 08-3651]--[Edited 02/26/2009 by CRG] (GPN) [Entered: 02/05/2009 01:57 PM] |
| LETTER on behalf of Appellee Global Ind Tech Inc. Appellee Global Ind Tech Inc will adopt the Joinder in Motion to Request Oral Argument on behalf of Appellee Official Comm of Asbestos Creditors. Certificate of Service dated 02/05/2009. This document will be SENT TO THE MERITS PANEL if/when applicable. (JJR) [Entered: 02/05/2009 03:49 PM] |
| Letter filed by Appellee Official Committee of Unsecured Trade Creditors in 08-3651 joining in request for Oral Argument, filed. Certificate of Service dated 02/05/2009. SEND TO MERITS PANEL.--[Edited 03/03/2009 by TYW] (SEE) [Entered: 02/05/2009 05:25 PM] |
| Letter filed by Appellee Official Committee of Unsecured Trade Creditors in 08-3650 joining in request for Oral argument, filed. Certificate of Service dated 02/04/2009. This document will be SENT TO THE MERITS PANEL if/when applicable. [08-3650, 08-3651]--[Edited 02/06/2009 by TYW]--[Edited 02/26/2009 by CRG] (SEE) [Entered: 02/05/2009 05:21 PM] |
| Letter filed by Appellee Official Comm of Asbestos Creditors in 08-3650, 08-3651 requesting oral argument. Certificate of Service dated 02/04/2009. This document will be SENT TO THE MERITS PANEL if/when applicable. [08-3650, 08-3651]--[Edited 02/05/2009 by TYW]--[Edited 02/26/2009 by CRG] (PVL) [Entered: 02/04/2009 07:07 PM] |
| HARD COPY RECEIVED from Appellee Official Committee of Unsecured Trade Creditors -. Joinder. Copies: 10. (LAL) [Entered: 02/10/2009 01:53 PM] |
| HARD COPY RECEIVED from Appellee Global Ind Tech Inc - Brief. Copies: 10. (LAL) [Entered: 02/10/2009 01:47 PM] |
| HARD COPY RECEIVED from Appellee Philip A. Pahigian -Joinder. Copies: 10. (LAL) [Entered: 02/10/2009 01:58 PM] |
| HARD COPY RECEIVED from Appellees Lawrence Fitzpatrick and Official Comm of Asbestos Creditors - Addendum to Brief. Copies: 10. (LAL) [Entered: 02/10/2009 02:03 PM] |
| HARD COPY RECEIVED from Appellees Lawrence Fitzpatrick and Official Comm of Asbestos Creditors - Brief. Copies: 10. (LAL) [Entered: 02/10/2009 02:00 PM] |
| ECF FILER ERROR: Reply Brief (Joinder) in 08-3650. ERROR: Wrong event chosen. CORRECTION: Event has been changed and the docket text has been edited to read correctly. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [08-3650, 08-3651] (EMA) [Entered: 02/11/2009 10:36 AM] |
| LETTER on behalf of Appellee Lawrence Fitzpatrick advising that Appellee Lawrence Fitzpatrick will adopt the Brief for Appellees Global Industrial Technologies, Inc. et al.. Certificate of Service dated 01/30/2009. This document will be SENT TO THE MERITS PANEL if/when applicable. (EJH) [Entered: 01/30/2009 05:16 PM] |
| ELECTRONIC BRIEF (Joinder) on behalf of Appellee Official Committee of Unsecured Trade Creditors in 08-3650, filed. Certificate of Service dated 01/30/2009 by 3rd party, email. [08-3650, 08-3651]--[Edited 02/11/2009 by EMA] (SEE) [Entered: 01/30/2009 04:56 PM] |
| ELECTRONIC BRIEF on behalf of Appellee Global Ind Tech Inc, filed. Certificate of Service dated 01/30/2009 by US mail, email. (JJR) [Entered: 01/30/2009 03:32 PM] |
| ELECTRONIC BRIEF (Joinder) on behalf of Appellee Philip A. Pahigian in 08-3650, filed. Certificate of Service dated 01/30/2009 by email. [08-3650, 08-3651]--[Edited 02/17/2009 by EAF] (GPN) [Entered: 01/30/2009 04:00 PM] |
| ELECTRONIC BRIEF on behalf of Appellees Lawrence Fitzpatrick, Honeywell Intl Inc, I Tec Holding Corp, Intertec Co, N Amer Refractories, Official Comm of Asbestos Creditors, Official Committee of Unsecured Trade Creditors and Tri Star Refractories Inc in 08-3651, filed. Certificate of Service dated 01/30/2009 by US mail, email. [08-3651, 08-3650] (PMT) [Entered: 01/30/2009 04:18 PM] |
| ELECTRONIC SUPPLEMENTAL APPENDIX to BRIEF on behalf of Appellees Lawrence Fitzpatrick and Official Comm of Asbestos Creditors (pages SA 60 to SA 89), filed. (Per Clerk Order of 2/26/09 pages SA1 to SA 59 are filed as an addendum.) Manner of Service: electronic, Certificate of Service dated 01/30/2009.--[Edited 02/11/2009 by MS]--[Edited 02/26/2009 by MS] (PVL) [Entered: 01/30/2009 04:26 PM] |
| ELECTRONIC BRIEF on behalf of Appellees Lawrence Fitzpatrick and Official Comm of Asbestos Creditors in 08-3650, filed. Certificate of Service dated 01/30/2009 by email. [08-3650, 08-3651]--[Edited 02/09/2009 by MS] (PVL) [Entered: 01/30/2009 04:23 PM] |
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ORDER (MCKEE and FISHER, Circuit Judges) denying Motion to modify briefing schedule filed by Appellee Honeywell Intl Inc, filed. Panel No.: BCO-51. MCKEE, Authoring Judge. [08-3650, 08-3651] (DW) [Entered: 01/28/2009 12:23 PM]
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| CLERK ORDER filed. The Motion by Amicus Appellants for Leave to File Supplemental Appendix is construed as a motion for leave to file an addendum. So construed, the motion is granted with filing as of the date of this Order. (MS) [Entered: 01/26/2009 10:54 AM] |
| ADDENDUM to BRIEF on behalf of Amicus Appellants filed. Copies: 10, Manner of Service: mail, Certificate of Service dated 12/01/2008. (MS) [Entered: 01/26/2009 10:57 AM] |
| ELECTRONIC ADDENDUM to BRIEF & APPENDIX on behalf of Amicus Appellants New Mexico, Oregon, State of CO, State of DE, State of ID, State of MD, State of MI, State of MO, State of MT, State of Maine, State of NE, State of NJ, State of NV, State of SC, State of UT, State of WA, State of WV and Tennessee containing Certificate of Word Count, filed. Manner of Service: electronic, Certificate of Service dated 01/16/2009. (AMS) [Entered: 01/16/2009 11:00 AM] |
| RESPONSE on behalf of Appellees Official Committee of Unsecured Trade Creditors and N Amer Refractories to motion modify briefing schedule, filed. Certificate of Service dated 01/15/2009. (TYW) [Entered: 01/16/2009 12:02 PM] |
| Response filed by Appellees Lawrence Fitzpatrick and Official Comm of Asbestos Creditors in 08-3651 to Motion to modify briefing schedule. Certificate of Service dated 01/15/2009. [08-3651, 08-3650]--[Edited 01/16/2009 by TYW] (PEM) [Entered: 01/16/2009 11:28 AM] |
| Response filed by Appellants Amer Home Assurance Co, Ins Co of PA, Lexington Ins Co and Natl Union Fire Ins in Opposition to Motion to modify briefing schedule and Joinder in Hartford's Opposition. Certificate of Service dated 01/16/2009.--[Edited 01/20/2009 by CRG] (BW) [Entered: 01/16/2009 07:08 PM] |
| CLERK ORDER referring to a motions panel the Motion to Modify Briefing Schedule filed by Appellee, Honeywell Intl Inc. and Response filed by Appellants filed , filed. [08-3650, 08-3651] (DW) [Entered: 01/14/2009 01:41 PM] |
| Response filed by Appellants First State Ins Co, Hartford Accident & Indemnity Company and Twin City Fire Ins in 08-3651 to Motion to modify briefing schedule. Certificate of Service dated 01/09/2009. [08-3651, 08-3650] (DMS) [Entered: 01/09/2009 03:37 PM] |
| ENTRY OF APPEARANCE from Paul M. Thompson on behalf of Appellee(s) Honeywell International, Inc.. [08-3651, 08-3650] (PMT) [Entered: 01/06/2009 02:23 PM] |
| DISCLOSURE STATEMENT on behalf of Appellee Honeywell Intl Inc in 08-3651, filed. [08-3651, 08-3650] (PMT) [Entered: 01/06/2009 05:05 PM] |
| Motion filed by Appellee Honeywell Intl Inc in 08-3651 to modify briefing schedule. Certificate of Service dated 01/06/2009. [08-3651, 08-3650] (PMT) [Entered: 01/06/2009 05:09 PM] |
| MOTION filed by Amicus Appellants New Mexico, Oregon, State of CO, State of DE, State of ID, State of MD, State of MI, State of MO, State of MT, State of Maine, State of NE, State of NJ, State of NV, State of SC, State of UT, State of WA, State of WV and Tennessee for Leave to File Supplemental Appendix with Amicus Brief. Certificate of Service dated 12/09/2008. (MS) [Entered: 01/15/2009 09:31 AM] |
| ELECTRONIC JOINT 1st STEP BRIEF on behalf of Appellants Century Indemnity Co, First State Ins Co, Hartford Accident & Indemnity Company, Twin City Fire Ins and Westchester Fire Ins, filed. Pages: 59, Words: 13965, Manner of Service: mail, Certificate of Service dated 11/19/2008. (EAF) [Entered: 12/04/2008 02:44 PM] |
| COMPLIANCE RECEIVED. Received signature page including signatures from Attorneys Danielle M. Spinelli and John D. Demmy for Joint 1st step brief. (EAF) [Entered: 12/04/2008 03:06 PM] |
| Notice of telephonic request to Danielle M. Spinelli, Esq. for Appellants for amended conclusion page for Appellant's brief including signatures from both Danielle M. Spinelli, Esq. and John D. Demmy, Esq. Response due in 3 days. (EAF) [Entered: 12/02/2008 12:13 PM] |
| HARD COPY RECEIVED from Amicus Appellants New Mexico, Oregon, State of CO, State of DE, State of ID, State of MD, State of MI, State of MO, State of MT, State of Maine, State of NE, State of NJ, State of NV, State of SC, State of UT, State of WA, State of WV and Tennessee - Amicus Brief with Supplemental Appendix attached. Copies: 10. (MS) [Entered: 01/15/2009 09:28 AM] |
| ELECTRONIC AMICUS BRIEF on behalf of Amicus Appellants New Mexico, Oregon, State of CO, State of DE, State of ID, State of MD, State of MI, State of MO, State of MT, State of Maine, State of NE, State of NJ, State of NV, State of SC, State of UT, State of WA, State of WV and Tennessee, filed. Pages: 26, Words: 6083 (see addendum), Manner of Service: mail, Certificate of Service dated 12/01/2008. (MS) [Entered: 01/16/2009 02:18 PM] |
| COMPLIANCE RECEIVED. Received e-brief on behalf of Appellants Hartford Accident & Indemnity Co., First State Ins Co and Twin City Fire Ins. (EAF) [Entered: 12/02/2008 11:00 AM] |
| Notice of telephonic request to Attorney Danielle M. Spinelli, Esq. for Appellants Hartford Accident & Indemnity Company, First State Ins Co and Twin City Fire Ins for electronic brief. Response due in 3 days. (EAF) [Entered: 11/28/2008 12:17 PM] |
| HARD COPY RECEIVED from Appellants First State Ins Co, Hartford Accident & Indemnity Company, Twin City Fire Ins, Century Indemnity Co and West Chester Fire Ins - Joint 1st Step Brief with Addendum and Appendix Volume 1 attached. Copies: 10.--[Edited 12/04/2008 by EAF] (EAF) [Entered: 11/28/2008 10:34 AM] |
| HARD COPY RECEIVED from Appellants Amer Home Assurance Co, Ins Co of PA, Lexington Ins Co and Natl Union Fire Ins - 1st Step Brief. Copies: 10. (EAF) [Entered: 11/26/2008 11:46 AM] |
| JOINT 1st STEP APPENDIX on behalf of Appellants First State Ins Co, Hartford Accident & Indemnity Company, Twin City Fire Ins, Century Indemnity Co and West Chester, filed. Volumes: 5 (volume I attached to brief). Manner of Service: mail. Certificate of Service dated 11/19/2008. (EAF) [Entered: 11/28/2008 12:12 PM] |
| ELECTRONIC 1st STEP BRIEF on behalf of Appellants Amer Home Assurance Co, Ins Co of PA, Lexington Ins Co and Natl Union Fire Ins, filed. Pages: 16, Words: 3090, Manner of Service: mail, Certificate of Service dated 11/19/2008. (EAF) [Entered: 11/25/2008 04:49 PM] |
| ENTRY OF APPEARANCE filed by Attorney Sally E. Edison, Esq. for Appellee Global Ind Tech Inc and Appellee Official Committee of Unsecured Trade Creditors. (TYW) [Entered: 10/09/2008 02:23 PM] |
| DISCLOSURE STATEMENT on behalf of Appellees Global Ind Tech Inc and Official Committee of Unsecured Trade Creditors, filed. (TYW) [Entered: 10/09/2008 02:31 PM] |
| ENTRY OF APPEARANCE filed by Attorney Michael S. Davis, Esq. for Appellants Amer Home Assurance Co, Natl Union Fire Ins, Lexington Ins Co and Ins Co of PA.. (TYW) [Entered: 10/08/2008 12:44 PM] |
| ENTRY OF APPEARANCE filed by Attorney Peter V. Lockwood, Esq. for Appellee Official Comm of Asbestos Creditors in 08-3650. (DW) [Entered: 10/08/2008 11:30 AM] |
| DISCLOSURE STATEMENT on behalf of Appellee Official Comm of Asbestos Creditors, filed. (DW) [Entered: 10/08/2008 11:33 AM] |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE: re:court order dated 9/23/08, ERROR:Substative docket text error CORRECTION:docket entry corrected. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (TYW) [Entered: 10/02/2008 03:31 PM] |
| DISCLOSURE STATEMENT on behalf of Appellee Official Comm of Asbestos Creditors, filed. (TYW) [Entered: 10/01/2008 12:21 PM] |
| ENTRY OF APPEARANCE filed by Attorney David B. Salzman, Esq. for Appellee Official Comm of Asbestos Creditors. (TYW) [Entered: 10/01/2008 12:17 PM] |
| ENTRY OF APPEARANCE filed by Attorney Douglas A. Campbell, Esq. for Appellee Official Committee of Asbestos Creditors--[Edited 09/26/2008 by TYW] (TYW) [Entered: 09/26/2008 02:24 PM] |
| DISCLOSURE STATEMENT on behalf of Appellee Official Committee Asbestos Creditors, filed. (TYW) [Entered: 09/26/2008 02:16 PM] |
| ENTRY OF APPEARANCE filed by Attorney John D. Demmy, Esq. for Appellants Westchester Fire Ins and Century Indemnity Co. (TYW) [Entered: 09/26/2008 02:15 PM] |
| ENTRY OF APPEARANCE filed by Attorney Elihu Inselbuch, Esq. for Appellee Parties Official Comm of Asbestos Creditors.--[Edited 09/26/2008 by TYW] (TYW) [Entered: 09/26/2008 02:29 PM] |
| ENTRY OF APPEARANCE filed by Attorney Philip E. Milch, Esq. for Official Comm of Asbestos Creditors.--[Edited 09/26/2008 by TYW] (TYW) [Entered: 09/26/2008 02:28 PM] |
| DISCLOSURE STATEMENT on behalf of Appellee Philip A. Pahigian, filed. (TYW) [Entered: 09/29/2008 12:46 PM] |
| ENTRY OF APPEARANCE filed by Attorney Gary P. Nelson, Esq. for Appellee Philip A. Pahigian. (TYW) [Entered: 09/29/2008 12:45 PM] |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Appearance no relief list, filed by Party Official Committee of Unsecured Trade Creditors and Attorney Douglas A. Campbell, Esq. for Not Parties Official Comm of Asbestos Creditors and Official Committee of Unsecured Trade Creditors in 08-3650 , Appearance no relief list, filed by Party Official Committee of Unsecured Trade Creditors and Attorney Philip E. Milch, Esq. for Not Parties Official Comm of Asbestos Creditors and Official Committee of Unsecured Trade Creditors in 08-3650 , Appearance no relief list, filed by Party Official Committee of Unsecured Trade Creditors and Attorney Elihu Inselbuch, Esq. for Not Parties Official Comm of Asbestos Creditors and Official Committee of Unsecured Trade Creditors in 08-3650 ERROR:Wrong party filer selected for appearances of Campbell, Milch and Inselbuch CORRECTION:Official Comm of Asbestos Creditors added and docket text corrected. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (TYW) [Entered: 09/26/2008 02:53 PM] |
| POSITIVE DISCLOSURE STATEMENT on behalf of Appellants Century Indemnity Co and Westchester Fire Ins, filed. (TYW) [Entered: 09/29/2008 12:52 PM] |
|
ORDER (JORDAN, Circuit Judges) granting Joint Motion to consolidate appeals for purpose of disposition. The proposed briefing schedule is ordered. Appellants' brief due November 19, 2008; Appellees' brief due January 30, 2009; Reply briefs due March 6, 2009. The Clerk is directed to calendar the appeal at the earliest appropriate date, filed. Panel No.: CO-149. Jordan, Authoring Judge.--[Edited 10/02/2008 by TYW] (TYW) [Entered: 09/23/2008 03:05 PM]
|
| CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Motion to consolidate ERROR:Substantive docket text error for motion to consolidate CORRECTION:Docket text modified. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [08-3650, 08-3651] (TYW) [Entered: 09/22/2008 01:28 PM] |
| ENTRY OF APPEARANCE filed by Attorney Edwin J. Harron, Esq. for Appellee Lawrence Fitzpatrick. (TYW) [Entered: 09/22/2008 11:36 AM] |
| DISCLOSURE STATEMENT on behalf of Not Party Lawrence Fitzpatrick, filed. (TYW) [Entered: 09/22/2008 11:34 AM] |
| ENTRY OF APPEARANCE filed by Attorney Beverly W. Manne, Esq. for Appellants Amer Home Assurance Co, Natl Union Fire Ins, Lexington Ins Co and Ins Co of PA. (TYW) [Entered: 09/22/2008 11:29 AM] |
| ENTRY OF APPEARANCE filed by Attorney Sharon M. Zieg, Esq. for Appellee Lawrence Fitzpatrick. (TYW) [Entered: 09/22/2008 11:38 AM] |
| POSITIVE DISCLOSURE STATEMENT on behalf of Appellant Natl Union Fire Ins, filed. (TYW) [Entered: 09/22/2008 11:32 AM] |
| ENTRY OF APPEARANCE filed by Attorney David Ziegler, Esq. for Appellee Global Ind Tech Inc. (TYW) [Entered: 09/22/2008 03:34 PM] |
| POSITIVE DISCLOSURE STATEMENT on behalf of Appellee Global Ind Tech Inc in 08-3650, Appellee N Amer Refractories in 08-3651, filed. (TYW) [Entered: 09/29/2008 01:11 PM] |
| ENTRY OF APPEARANCE filed by Attorney Joel M. Helmrich, Esq. for Appellee Lawrence Fitzpatrick. (TYW) [Entered: 09/22/2008 11:39 AM] |
| ENTRY OF APPEARANCE filed by Attorney Paul M. Singer, Esq. for Appellee Global Ind Tech Inc. (TYW) [Entered: 09/22/2008 03:31 PM] |
| ENTRY OF APPEARANCE filed by Attorney James J. Restivo, Jr., Esq. for Appellee Global Ind Tech Inc. (TYW) [Entered: 09/22/2008 03:29 PM] |
| ENTRY OF APPEARANCE filed by Attorney Seth P. Waxman, Esq. for Appellants Hartford Accident & Indemnity Company, First State Ins Co and Twin City Fire Ins. (TYW) [Entered: 09/18/2008 01:31 PM] |
| ENTRY OF APPEARANCE filed by Attorney Craig Goldblatt, Esq. for Appellants Hartford Accident & Indemnity Company, First State Ins Co and Twin City Fire Ins. (TYW) [Entered: 09/18/2008 01:23 PM] |
| CIVIL INFORMATION STATEMENT on behalf of Appellants First State Ins Co, Hartford Accident & Indemnity Company and Twin City Fire Ins, received. (TYW) [Entered: 09/18/2008 01:33 PM] |
| ENTRY OF APPEARANCE filed by Attorney Danielle M. Spinelli, Esq. for Appellants Hartford Accident & Indemnity Company, First State Ins Co and Twin City Fire Ins. (TYW) [Entered: 09/18/2008 01:27 PM] |
| POSITIVE DISCLOSURE STATEMENT on behalf of Appellants First State Ins Co, Hartford Accident & Indemnity Company and Twin City Fire Ins, filed. (TYW) [Entered: 09/18/2008 01:52 PM] |
| TRANSCRIPT PURCHASE ORDER FORM (Part 1), filed. Transcripts already on file in District Court. (TYW) [Entered: 09/18/2008 01:36 PM] |
| JOINT MOTION to consolidate appeals Nos. 08-3650 & 08-3651 for disposition, to establish briefing schedule, expedited disposition and to be excused from mediation. Certificate of Service dated 09/16/2008. (TYW) [Entered: 09/18/2008 02:07 PM] |
| CONCISE SUMMARY OF THE CASE on behalf of Appellants First State Ins Co, Hartford Accident & Indemnity Company and Twin City Fire Ins, received. (TYW) [Entered: 09/18/2008 01:38 PM] |
| RECORD available on District Court CM/ECF. (TYW) [Entered: 09/05/2008 11:45 AM] |
| CIVIL CASE DOCKETED. Notice filed by Appellants Amer Home Ins Co, Century Indemnity Co, First State Ins Co, Hartford Accident & Indemnity Company, Ins Co of PA, Lexington Ins Co, Natl Union Fire Ins, Twin City Fire Ins and Westchester Fire Ins. (TYW) [Entered: 09/05/2008 11:43 AM] |
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