Westfield Insurance Company, et al v. Indemnity Insurance Company o
Plaintiff / Appellee: WESTFIELD INSURANCE COMPANY and STAR INSURANCE COMPANY
Defendant / Appellant: INDEMNITY INSURANCE COMPANY OF NORTH AMERICA
Case Number: 21-1776
Filed: April 30, 2021
Court: U.S. Court of Appeals, Seventh Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
January 19, 2023 Summary Westfield Insurance Company v. Indemnity Insurance Company o

Docket Report

This docket was last retrieved on June 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 22, 2021 Filing 22 Filed Response by Appellant Indemnity Insurance Company of North America in 21-1775, 21-1776, Appellee Indemnity Insurance Company of North America in 21-1925, 21-1926, 21-1927, 21-1928 Attorney Thomas B. Orlando to Appellee's Jurisdictional Statement. [22][7168232] [21-1775, 21-1776, 21-1925, 21-1926, 21-1927, 21-1928] (Orlando, Thomas) [Entered: 06/22/2021 02:22 PM]
June 15, 2021 Opinion or Order Filing 21 ORDER: Pursuant to Circuit Rule 33, the jurisdictional response of appellant Indemnity Insurance Company of North America shall be filed on or before June 22, 2021. [7167074] [21-1775, 21-1776, 21-1925, 21-1926, 21-1927, 21-1928] (ER) [Entered: 06/15/2021 02:54 PM]
June 3, 2021 Opinion or Order Filing 20 ORDER: On consideration of Appellee Westfield Insurance Companys Consolidated Circuit Rule 3(c) Docketing Statement filed on 05/21/2021, appellant Indemnity Insurance Company of North America file, on or before 06/15/2021, a response to appellee Westfields filing, addressing the jurisdictional issue raised in its statement as to Appeal Nos. 21-1775, 21-1925 and 21-1926 i.e., that the judgment in the 2014 case is not appealable because the district court did not dispose of Sandstones counterclaim against it. DW [20] [7164594] [21-1775, 21-1776, 21-1925, 21-1926, 21-1927, 21-1928] (MM) [Entered: 06/03/2021 10:28 AM]
June 3, 2021 Opinion or Order Filing 19 ORDER: On consideration of Appellee/Cross-Appellant Star Insurance Companys Circuit Rule 3(c) Docketing Statement filed on 05/21/2021, appellant Indemnity Insurance Company of North America shall file, on or before 06/15/2021, a response to appellee Star Insurances filing addressing the jurisdictional statement as to Appeal No. 21-1775 i.e., that the judgment in the 2014 case is not final because the district court did not dispose of Sandstones counterclaim against Indemnity. DW [19] [7164590] [21-1775, 21-1776] (MM) [Entered: 06/03/2021 10:21 AM]
May 26, 2021 Opinion or Order Filing 18 ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: 1. Indemnity Insurance Company of North America shall file its consolidated brief and required short appendix in the main appeals docketed in 21-1775 and 21-1776 on or before 07/01/2021. 2. Westfield Insurance Company and Star Insurance Company shall file their combined respective briefs in the main appeals, and opening briefs in the cross appeals docketed in 21-1925, 21-1926, 21-1927 and 21-1928 on or before 08/02/2021. 3. Indemnity Insurance Company of North America shall file its combined reply brief, if any, in the main appeals and responsive brief in the cross-appeals, on or before 09/02/2021. 4. Westfield Insurance Company and Star Insurance Company shall file their respective reply briefs in the cross-appeals on or before 09/23/2021. JNS [7163100] [21-1775, 21-1776, 21-1925, 21-1926, 21-1927, 21-1928] (MM) [Entered: 05/26/2021 02:45 PM]
May 21, 2021 Filing 17 Docketing Statement filed by Appellee Star Insurance Company. Prior or Related proceedings: Yes. 21-1775 [17] [7162071] [21-1776] (Zimmerman, Mark) [Entered: 05/21/2021 03:02 PM]
May 21, 2021 Filing 16 Docketing Statement filed by Appellee Westfield Insurance Company. Prior or Related proceedings: Yes. 21-1775, 21-1925, 21-1926, 21-1927, 21-1928 [16] [7162038] [21-1776] (Postel, Joseph) [Entered: 05/21/2021 02:16 PM]
May 20, 2021 Opinion or Order Filing 15 ORDER: The court, on its own motion, orders that these appeals are CONSOLIDATED for purposes of briefing and disposition. The briefing schedule is as follows: Indemnity Insurance Company of North America shall file its consolidated brief and required short appendix in the main appeals docketed in 21-1775 and 21-1776 on or before June 21, 2021. Westfield Insurance Company and Star Insurance Company shall file their combined respective briefs in the main appeals, and opening briefs in the cross appeals docketed in 21-1925, 21-1926, 21-1927 and 21-1928 on or before July 21, 2021. Indemnity Insurance Company of North America shall file its combined reply brief, if any, in the main appeals and responsive brief in the cross-appeals, on or before August 20, 2021. Westfield Insurance Company and Star Insurance Company shall file their respective reply briefs in the cross-appeals on or before September 10, 2021. (See order for details.) DW [15] [7161639] [21-1775, 21-1776, 21-1925, 21-1926, 21-1927, 21-1928] (CG) [Entered: 05/20/2021 08:53 AM]
May 18, 2021 Filing 14 Amended Docketing Statement filed by Appellant Indemnity Insurance Company of North America. Prior or Related proceedings: Yes. 21-1775 [14] [7160950] [21-1776] (Orlando, Thomas) [Entered: 05/18/2021 10:44 AM]
May 14, 2021 Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mark W. Zimmerman for Appellee Star Insurance Company in 21-1776. [13] [7160456] (L-Yes; E-Yes; R-No) [21-1776, 21-1775] (Zimmerman, Mark) [Entered: 05/14/2021 02:05 PM]
May 14, 2021 Filing 12 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mark W. Zimmerman for Appellee Star Insurance Company in 21-1775. [12] [7160453] (L-Yes; E-Yes; R-No) [21-1775, 21-1776] (Zimmerman, Mark) [Entered: 05/14/2021 02:02 PM]
May 14, 2021 Filing 11 Filed Seventh Circuit Transcript Information Sheet by Appellant Indemnity Insurance Company of North America in 21-1775, 21-1776. [11] [7160420] [21-1775, 21-1776] (Orlando, Thomas) [Entered: 05/14/2021 12:42 PM]
May 11, 2021 Opinion or Order Filing 10 ORDER: Appellant shall file a complete statement of jurisdiction that includes the date that the motion for reconsideration was filed. The statement is due on or before 05/18/2021. (See order for further details). DW [10] [7159564] [21-1775, 21-1776] (MM) [Entered: 05/11/2021 12:42 PM]
May 7, 2021 Filing 9 Docketing Statement filed by Appellant Indemnity Insurance Company of North America. Prior or Related proceedings: Yes. 21-1775 [9] [7159014] [21-1776] (Orlando, Thomas) [Entered: 05/07/2021 03:43 PM]
May 7, 2021 Opinion or Order Filing 8 ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 06/21/2021 for Indemnity Insurance Company of North America. Appellees' brief due on or before 07/21/2021 for Star Insurance Company and Westfield Insurance Company. Appellant's reply brief, if any, is due on or before 08/11/2021 for Appellant Indemnity Insurance Company of North America. JNS [7158817] [21-1776] (ZNS) [Entered: 05/07/2021 09:49 AM]
May 7, 2021 Filing 7 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Wednesday, May 19, 2021 at 2:00 p.m. Central Time. See Notice for further details and requirements. JNS. [7] [7158812] [21-1776] (ZNS) [Entered: 05/07/2021 09:45 AM]
May 7, 2021 Opinion or Order Filing 6 ORDER: The court orders these appeals CONSOLIDATED for purposes of briefing and disposition: Appellant's consolidated brief due on or before 06/09/2021 for Indemnity Insurance Company of North America. Appellees' briefs due on or before 07/09/2021 for Star Insurance Company and Westfield Insurance Company. Appellant's consolidated reply brief, if any, is due on or before 07/30/2021 for Appellant Indemnity Insurance Company of North America. Counsel for appellees are encouraged to avoid unnecessary duplication by filing a joint brief or a joint appendix or by adopting parts of a co-appellees brief. Duplicative briefing will be stricken and may result in disciplinary sanctions against counsel. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). DW [6] [7158788] [21-1775, 21-1776] (AP) [Entered: 05/07/2021 09:16 AM]
May 5, 2021 Filing 5 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Joseph P. Postel for Appellee Westfield Insurance Company in 21-1775, 21-1776. [5] [7158318] (L-Yes; E-Yes; R-No) [21-1775, 21-1776] (Postel, Joseph) [Entered: 05/05/2021 02:32 PM]
May 4, 2021 Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Matthew S. Ponzi for Appellant Indemnity Insurance Company of North America in 21-1775, 21-1776. [4] [7157941] (L-No; E-Yes; R-No) [21-1775, 21-1776] (Ponzi, Matthew) [Entered: 05/04/2021 01:09 PM]
May 4, 2021 Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Thomas B. Orlando for Appellant Indemnity Insurance Company of North America in 21-1775, 21-1776. [3] [7157940] (L-Yes; E-Yes; R-No) [21-1775, 21-1776] [Edited 05/04/2021 by CG to reflect the addition of counsel.] (Orlando, Thomas) [Entered: 05/04/2021 12:56 PM]
May 4, 2021 Filing 2 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney John Eggum for Appellant Indemnity Insurance Company of North America in 21-1775, 21-1776. [2] [7157923] (L-No; E-Yes; R-No) [21-1775, 21-1776]--[Edited 05/04/2021 by FP to reflect that atty. Eggum is added to the docket.] (Eggum, John) [Entered: 05/04/2021 12:15 PM]
April 30, 2021 Filing 1 Private civil case docketed. Fee paid. Transcript information sheet due by 05/14/2021. Docketing Statement due for Appellant Indemnity Insurance Company of North America by 05/07/2021. Appellant's brief due on or before 06/09/2021 for Indemnity Insurance Company of North America. [1] [7157607] [21-1776] (AD) [Entered: 05/03/2021 12:52 PM]

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Plaintiff / appellee: WESTFIELD INSURANCE COMPANY
Represented By: Joseph P. Postel
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Plaintiff / appellee: STAR INSURANCE COMPANY
Represented By: Mark W. Zimmerman
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Defendant / appellant: INDEMNITY INSURANCE COMPANY OF NORTH AMERICA
Represented By: John Paul Eggum
Represented By: Matthew S. Ponzi
Represented By: Thomas B. Orlando
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