COPIC Insurance Company v. Wells Fargo & Company et al
| COPIC Insurance Company |
| Wells Fargo & Company and Wells Fargo Bank, N.A. (MN) |
| 1:2009cv00041 |
| January 9, 2009 |
| US District Court for the District of Colorado |
| Stockholders Suits Office |
| Denver |
| Boyd N. Boland |
| Walker D. Miller |
| Plaintiff |
| Diversity |
| 28:1332 Diversity - Stockholders Suits |
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The following documents for this case are available for you to view or download:
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Filing
574
NOTICE OF DISMISSAL pursuant to the Joint Motion to Dismiss in accordance with Fed. R. Civ. P. 41(a)(1)(A)(ii). The complaint is dismissed with prejudice, each party to pay his or its own costs and attorneys' fees. By Judge Walker D. Miller on 5/18/11. (mnf, )
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Filing
550
ORDER ON PENDING MOTIONS. 441 Wells Fargo's Motion to Request Use of Confidential Juror Questionnaire is denied. 420 Wells Fargo's Motion for Bifurcation is denied. 386 Wells Fargo's Motion in Limine to Exclude Evidence Relating to Wells Fargo's Net Worth or Resources is denied. 382 Wells Fargo's Motion in Limine to Preclude COPIC from Using All Exhibits Attributing Statements to, and Deposition Testimony of, Messrs. Stumpf and Kovacevich is granted. 402 COPIC& #039;s Motion in Limine to Preclude Evidence Relating to Hypothetical Losses in a Different Securities Lending Program is granted. 418 Wells Fargo's Motion in Limine to Exclude Evidence Relating to the Wells Fargo Advantage Funds Money Market Funds is denied. 410 COPIC's Motion in Limine to Preclude All Evidence of Post-Breach Market Developments is denied without prejudice. Ruling is reserved on 434 Wells Fargo's Motion in Limine to Exclude Improper Damage Theories of Exper t Mitchell Hoffman. 423 COPIC's Motion in Limine to Preclude Evidence of Wells Fargo Participants in the Securities Lending Program is denied without prejudice. 387 Wells Fargo's Motion in Limine to Exclude Evidence Relating to WCRA Wor kers' Lawsuit is granted with respect to the introduction of any evidence regarding the outcome of the WCRA litigation and denied without prejudice to other trial objections. 416 COPIC's Motion in Limine to Preclude All Evidence of Invest ments Outside of the Securities Lending Program is denied without prejudice. 390 Wells Fargo's Motion in Limine to Preclude COPIC from Introducing News Articles During Trial is granted. 411 COPIC's Motion in Limine to Preclude Evidence Regarding Other (Non-Wells Fargo) Securities Lending Programs is denied without prejudice. 432 Wells Fargo's Motion in Limine to Exclude Opinion Testimony of Laurence Freed is granted. 409 COPIC's Motion in Limine to Preclude Evidence o r Argument that Wells Fargo did not owe Fiduciary Duty is granted in party and denied without prejudice in part. 437 Wells Fargo's Motion in Limine Regarding Public Safety of Arizona is denied without prejudice. By Judge Walker D. Miller on 5/2/11. (mnf, )
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Filing
537
ORDER granting 532 Defendant's Motion for Leave to File an Amended Motion to Preclude COPIC Insurance Company from Introducing, Displaying or Referencing its Demonstrative Exhibits 1724 and 1725. Defendant's 532 -1 Amended Motion, attached as Exhibit A, is accepted for filing. By Judge Walker D. Miller on 4/29/11.(mnf, )
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Filing
375
MINUTE ORDER. The 374 stipulated motion for extension of time is granted. The 363 motion to amend exhibit list is granted. By Judge Walker D. Miller on 4/4/11.(mnf, )
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Filing
365
ORDER ON MOTIONS FOR SUMMARY JUDGMENT. Wells Fargo's 293 , 296 Motion for Summary Judgment is granted in part and denied in part. Summary judgment shall be granted in favor of Wells Fargo against COPIC on COPIC's claims for replevin, con version and for unjust enrichment (First, Sixth, and Seventh Claims for Relief). The motion is also granted with respect to Plaintiff's claim that it suffered damages as a result of Wells Fargo's failure to properly publish the NAV and to t he extent that Plaintiff's tort claims rely on contract duties. The motion is otherwise denied. Plaintiff 291 COPIC's Motion for Partial Summary Judgment on Breach of Fiduciary Duty Claim is denied. Wells Fargos 359 Motion to Strike or Disregard COPIC's Supplemental Authority is denied, by Judge Walker D. Miller on 2/10/11.(mnf, )
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Filing
339
ORDER :granting 336 Plaintiffs Unopposed Motion to Modify the Amended Courtroom Minutes. Docket entry 338 now corresponds with my Order [docket no. 332] showing Laurence Freeds deposition relating to exemplary damages may be completed on or before December 31, 2010, by Magistrate Judge Boyd N. Boland on 9/22/10.(bnbcd, )
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Filing
332
ORDER :granting in part 302 Wells Fargo Bank, N.A.s Motion for Leave to Take Depositions of COPICs Experts Laurence Freed and Mitchell Hoffman. The deposition shall be completed on or before December 31, 2010, by Magistrate Judge Boyd N. Boland on 9/16/10.(bnbcd, )
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Filing
289
Minute ORDER striking 285 Motion for Partial Summary Judgment and 287 Brief in Support of 285 Motion for Partial Summary Judgment, by Judge Walker D. Miller on 8/12/10.(lyg, )
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Filing
275
ORDER: denying 241 Wells Fargo Bank, N.A.s Motion to Strike Exhibit 6 Submitted In Support of COPICs Revised Motion for Leave to Add a Prayer for Punitive Damages, by Magistrate Judge Boyd N. Boland on 8/3/10.(bnbcd, )
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Filing
274
ORDER granting 232 Plaintiff's Revised Motion for Leave to Add a Prayer for Punitive Damages. Paragraph 8 of COPIC's Prayer for Relief in its Amended Complaint and Jury Demand (Doc. #18) is deemed to state the text as set forth in this Order, by Magistrate Judge Boyd N. Boland on 8/2/10.(ebs, )
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Filing
259
Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 6/30/2010. taking under advisement 232 Plaintiffs Revised Motion for Leave to Add a Prayer for Punitive Damages with Revised Memorandum in Support of Its Motion and Exhibits 1-21. (Court Reporter FTR-G.Mattei) (bnbcd, )
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Filing
238
ORDER: granting 235 Unopposed Motion to Extend Deadlines and Continue theJune 9 Hearing. Dispositive Motions due by 8/2/2010. Wells Fargo shall produce a Rule 30(b)(6) witness consistent with my Order [Doc. # 215] on or before June 25, 2010; Wells Fargo shall respond to Plaintiffs Revised Motion for Leave to Add a Prayer for Punitive Damages (the Motion to Amend) on or before June 25, 2010. Motion Hearing reset for 6/30/2010 11:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 5/26/10.(bnbcd, )
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Filing
228
ORDER. Plaintiffs Motion for Leave to Add a Prayer for Punitive Damages 219 is DENIED without prejudice. By Magistrate Judge Boyd N. Boland on 05/10/2010. (sah, )
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Filing
215
ORDER denying 170 Plaintiff's Motion for a Protective Order Regarding the Depositions of Neil Stone and Thomas Richards. Granting 187 Plaintiff's Motion to Compel Deposition Testimony. Wells Fargo shall produce a witness to testify about the information identified in Topic 8 of COPIC's Rule 30(b)(6) deposition notice at a date and time as the parties may agree, but in no event later than 5/21/10, by Magistrate Judge Boyd N. Boland on 4/23/10.(ebs, )
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Filing
211
MINUTE ORDER: granting 205 Wells Fargo, N.A.s Motion to File Corrected and Amended Response Memorandum. The original response (docket no. 198) will remain sealed, but will not be used as the current response to Motion to Compel Deposition Testimony (docket no. 187), by Magistrate Judge Boyd N. Boland on 4/21/10.(bnbcd, )
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Filing
193
Minute ORDER granting 186 Plaintiff's Motion for Leave to File a Reply in Support of its Motion for Protective Order regarding the Depositions of Neil Stone and Thomas Richards to 4/17/10, by Magistrate Judge Boyd N. Boland on 4/6/10.(jak, )
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Filing
179
MINUTE ORDER: granting 176 Joint Second Motion to Amend Scheduling Order to Extend Deadline for Dispositive Motions. Dispositive Motions due by 6/4/2010. Proposed Pretrial Order due by 9/9/2010. Final Pretrial Conference reset for 9/16/2010 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 3/25/10.(bnbcd, )
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Filing
175
ORDER: granting in part 118 Plaintiffs Motion for Protective Order That, With Limited Exception, Depositions of Morgan Stanley and Nuveen Not Be Had.Denying 137 Plaintiffs Second Motion for a Protective Order to Stay Depositions of Morgan Stanley and Nuveen Until After Courts Hearing on Plaintiffs Motion for Protective Order, by Magistrate Judge Boyd N. Boland on 3/24/10.(bnbcd, )
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Filing
167
AMENDED ORDER ON MOTION TO FILE CONSOLIDATED RESPONSE: Granting 165 Plaintiff's Motion for Leave to File Consolidated Response to Defendant's Summary Judgment Motions. Defendants' motions for partial summary judgment ( 109 , 124 , [ 136], and 155 ) and accompanying memoranda are stricken. Defendants shall file a single consolidated motion for summary judgment, not to exceed 30 pages, by the dispositive motions deadline. Plaintiff may file a response to the consolidated motion, also not to exceed 30 pages. Defendants may file a reply brief not to exceed 15 pages, by Judge Walker D. Miller on 3/18/10.(ebs, )
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Filing
153
ORDER denying 151 Plaintiff's Motion for Leave to File a Reply in Support of Its Motion for a Protective Order, by Magistrate Judge Boyd N. Boland on 03/15/2010.(wjc, )
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Filing
144
ORDER :denying 139 Defendants Emergency Motion to Stay the Courts March 1,2010 Discovery Order With Respect to the Production of Confidential DepositionTranscripts from Another Case, by Magistrate Judge Boyd N. Boland on 3/11/10.(bnbcd, )
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Filing
120
ORDER granting in part and denying in part 78 Plaintiff's MOTION to Compel. Granting in part and denying in part 82 Defendant's MOTION to Compel. The discovery compelled by this order shall be made on or before 3/10/2010, by Magistrate Judge Boyd N. Boland on 3/1/10. (ebs, )
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Filing
116
Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 2/24/2010. Plaintiffs 78 MOTION to Compel is GRANTED in part and DENIED in part for the reasons stated on the record. Defendants 82 MOTION to Compel Discovery is GRANTED in part and DENIED in part for the reasons stated on the record. (FTR - Debra Brown.) (kmtcd, ) Modified on 3/1/2010 to edit text to correct the Judge who held the hearing (ebs, ).
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Filing
77
MINUTE ORDER: granting 75 Joint Motion to Amend Scheduling Order to Extend Deadline for Dispositive Motions Until After the Discovery Cut-off, Dispositive Motions due by 4/2/2010, by Magistrate Judge Boyd N. Boland on 1/12/10.(bnbcd, )
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Filing
74
ORDER: re: granting 66 MOTION to Compel and Request for Forthwith Hearing filed by COPIC Insurance Company. Discovery due by 2/26/2010. The parties shall designate all experts and provideopposing counsel with all information specified in Fed. R. C iv. P. 26(a)(2) on or before January 19, 2010; and The parties shall designate all rebuttal experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before February 16, 2010, by Magistrate Judge Boyd N. Boland on 11/9/09. (bnbcd, )
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Filing
62
MINUTE ORDER: granting 59 Stipulated Motion to Amend Scheduling Order. Expert Witness Disclosures:The parties shall designate all experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before December 22, 2009; The parties shall designate all rebuttal experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before January 19, 2010. Discovery Cut-off: January 29, 2010, by Magistrate Judge Boyd N. Boland on 9/25/09. (bnbcd, ) Modified on 9/28/2009 to move text containing the name of the judicial officer and the date to the end of the docket text (gmssl, ).
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Filing
55
ORDER: re: granting in part and denying in part 47 Unopposed MOTION to Amend protective order by defendant by Magistrate Judge Boyd N. Boland on 7/28/09. (bnbcd, )
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Filing
53
MINUTE ORDER: granting 51 Unopposed Motion to Amend Scheduling Order to Extend Deadline for Expert and Rebuttal Expert Reports by the defendant Wells Fargo Bank, N. A. The parties shall designate all experts on or before October 30, 2009. The parties shall designate all rebuttal experts on or before December 1, 2009, by Magistrate Judge Boyd N. Boland on 7/21/09.(bnbcd, )
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Filing
46
Minute ORDER 43 Joint MOTION for Protective Order is granted, by Magistrate Judge Boyd N. Boland on 5/12/09. (gmssl, )
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Filing
42
ORDER granting 28 Motion to Dismiss Wells Fargo & Company without prejudice to a future motion to amend, by Judge Walker D. Miller on 5/11/09.(gmssl, )
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Filing
37
ORDER that parties shall submit on or before 04/17/09 a revised scheduling order. Settlement Conference set for 7/30/2009 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Trial Preparation Conference set for 5/11/2010 at 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Proposed Pretrial Order due by 5/4/2010 by Magistrate Judge Boyd N. Boland on 04/09/09. (jjh, )
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Filing
6
ORDER Scheduling Conference set for 3/12/2009 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 1/27/09. (gms, )
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