Allstate Insurance Company v. Ohio Casualty Insurance Company
Plaintiff: Allstate Insurance Company
Defendant: Ohio Casualty Insurance Company
Case Number: 1:2009cv00967
Filed: April 27, 2009
Court: US District Court for the District of Colorado
Office: Denver Office
County: XX US, Outside State
Presiding Judge: Robert E. Blackburn
Presiding Judge: Michael J. Watanabe
Nature of Suit: Plaintiff
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Insurance Contract
Jury Demanded By: Plaintiff
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Date Filed Document Text
March 23, 2012 Opinion or Order Filing 248 ORDER DISMISSING CASE WITH PREJUDICE. The Court having reviewed the Stipulated Motion to Dismiss with Prejudice, being duly advised in the premises, and for good cause shown; DOES HEREBY GRANT the Stipulated Motion To Dismiss With Prejudice. Each party shall bear it own costs and attorneys fees, by Judge R. Brooke Jackson on 3/23/2012. (sah, )
November 21, 2011 Opinion or Order Filing 235 ORDER ON PENDING MOTIONS. West American's 186 motion for summary judgment is granted as to its 2005-06 and 2006-07 policies as to all claims. West American's motion for summary judgment is also granted as to Allstate's Fourth and Fif th Claims. Plaintiff's prayers for exemplary and treble damages and for attorney's fees are stricken. West American's motion for summary judgment is otherwise denied. Allstate's 185 motion for summary judgment is denied. Plaintiff's 211 Objection to Order dated April 6, 2011 is denied. Allstate's 219 Motion in Limine is denied. By Judge R. Brooke Jackson on 11/21/11.(mnfsl, )
August 15, 2011 Opinion or Order Filing 225 MINUTE ORDER denying 223 Defendant West American Insurance Companys Motion for Reconsideration of the Courts August 11, 2011 Order, by Magistrate Judge Michael J. Watanabe on 8/15/2011.(erv, )
August 11, 2011 Opinion or Order Filing 222 MINUTE ORDER denying 220 Defendant West American Insurance Company's Motion to Amend the Scheduling Order to Reset the Final Pretrial Conference and the Deadline for Filing the Final Pretrial Order and for Expedited Briefing Schedule and Ruling, by Magistrate Judge Michael J. Watanabe on 8/11/2011.(mjwcd)
April 6, 2011 Opinion or Order Filing 206 ORDER Granting Defendant West American Insurance Companys 194 Motion to Strike the Affidavits of David B. Fisher and Christopher Fisher. The 185 Affidavits of David B. Fisher and Christopher Fisher are Stricken. Each party to pay their own attorney fees and costs for this motion, by Magistrate Judge Michael J. Watanabe on 4/6/11. (lsw, )
March 1, 2011 Opinion or Order Filing 198 ORDER Due to a conflict in the Courts schedule, the Jury Trial set for May 16, 2011 is hereby VACATED. As a consequence the Defendants Motion to Continue the Trial Date 195 is DENIED in part as MOOT. The remainder of the Motion concerning (1) Amending the Scheduling Order 20 , Resetting the Final Pretrial Order, and Expedited Briefing Schedule and Ruling is hereby referred to Magistrate Judge Michael J. Watanabe. by Judge William J. Martinez on 3/1/2011. (erv, )
February 14, 2011 Opinion or Order Filing 189 ORDER. Joint Status Report due by 2/23/2011, by Judge William J. Martinez on 2/14/11. (mnf, )
January 31, 2011 Opinion or Order Filing 183 ORDER : On or before February 17, 2011, the parties shall file a stipulation or motion to dismiss with prejudice, pursuant to Fed. R. Civ. P. 41(a), by Magistrate Judge Boyd N. Boland on 1/31/11. (bnbcd, )
January 13, 2011 Opinion or Order Filing 181 MINUTE ORDER. Defendants Unopposed Motion For Leave To Exceed The Page Limit For Fed. R. Civ. P. 56 Motions 180 filed 1/13/2010 is DENIED. By Judge Robert E. Blackburn on 1/13/2011.(sah, )
December 20, 2010 Opinion or Order Filing 178 MINUTE ORDER. Defendant West American Insurance Companys Forthwith Motion to Compel Regarding Availability of Plaintiffs Entire Original Claim Files 176 is GRANTED. The parties shall IMMEDIATELY meet and confer and set a date and time for Defendants counsel to review Plaintiffs original claims file in Dallas, Texas. By Magistrate Judge Michael J. Watanabe on 12/20/2010.(sah, )
December 15, 2010 Opinion or Order Filing 175 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Motions Hearing held on 12/15/2010.Denying 165 Plaintiff's Motion for Protective Order Pertaining to Production of the Allstate Claims File. Granting 167 Defendant's Motion to Compel Compliance with the Court's Order Regarding Production of Allstate's Complete Original Claim File(Docket Nos. 76 & 129). (Court Reporter: FTR - Ellen E. Miller) (mjwcd)
December 2, 2010 Opinion or Order Filing 164 MINUTE ORDER granting 162 Defendant West American Insurance Company's Forthwith Motion to Amend the Scheduling Order 20 to Extend the Deadline for Dispositive Motions. Dispositive Motions due by 2/7/2011, by Magistrate Judge Michael J. Watanabe on 12/2/2010.(mjwcd)
November 5, 2010 Opinion or Order Filing 160 ORDER. That Plaintiffs Motion for Sanctions for Defendants Failure toComply with the Court Order Dated May 10, 2010 Pertaining to Responses to Plaintiff Allstates Interrogatories 143 is GRANTED IN PART AND DENIED IN PART. That Plaintiffs Motion for Sanctions for Defendants Failure to Comply with the Court Order Dated May 10, 2010 Pertaining to Production of the West American Claims File 145 is DENIED. By Magistrate Judge Michael J. Watanabe on 11/5/2010.(sah, )
November 2, 2010 Opinion or Order Filing 158 ORDER granting 156 Defendant West American Insurance Company's Unopposed Forthwith Motion to Amend the Scheduling Order to Extend the Deadline for Depositions of Allstate and its Representatives. Scheduling Order 20 is amended. West American Insurance Company shall have through and including 2/28/2011 for depostions of Allstate and its representatives. By Magistrate Judge Michael J. Watanabe on 11/2/2010.(mjwcd)
August 17, 2010 Opinion or Order Filing 141 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Motion Hearing held on 8/17/2010.Granting 130 Motion to Amend the Scheduling Order, Request for Expedited Briefing Scheduling, and Request for Forthwit h Ruling. Scheduling Order 20 is amended. Discovery due by 11/1/2010. Dispositive Motions due by 12/1/2010. Proposed Pretrial Order due by 2/28/2011. Final Pretrial Conference 11/15/2010 09:00 AM is vacated. Final Pretrial Conference reset for 3 /3/2011 08:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Defendant is authorized up to and including 2/28/2011 within which to take the deposition of Allstate adjuster Lynne Burns. (Court Reporter FTR - Ellen E. Miller) (mjwcd)
August 6, 2010 Opinion or Order Filing 134 MINUTE ORDER Motion Hearing set for 8/17/2010 08:30 AM before Magistrate Judge Michael J. Watanabe on Defendant's Motion to Amend the Scheduling Order. Response to motion to be filed by noon on 8/12/10. Granting 132 Plaintiff's Forthwith Motion to Stay Production of Claims Files, by Magistrate Judge Michael J. Watanabe on 8/6/10.(gmssl, )
July 29, 2010 Opinion or Order Filing 129 ORDER. That Defendant West American Insurance Companys Second Motion to Compel Discovery Responses 67 is GRANTED. Defendant West American Insurance Companys Motion to Strike Plaintiff Allstate Insurance Companys Supplemental Expert Disclosures [8 0] is GRANTED. Defendant West American Insurance Companys Motion to Compel Compliance with the Courts Order (docket no. 76) and for Sanctions Pursuant to Fed. R. Civ. P. 37(b) 103 is GRANTED. By Magistrate Judge Michael J. Watanabe on 07/29/2010.(sah, )
July 15, 2010 Opinion or Order Filing 128 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Motion Hearing held on 7/15/2010. Taking under advisement 67 Defendant West American Insurance Companys Second Motion to Compel Discovery Responses. T aking under advisement 80 Defendant West American Insurance Companys Motion to Strike Plaintiff Allstate Isurance Companys Supplemental Expert Disclosures. Denying as Moot 96 Plaintiffs Motion to Stay Discovery Order Dated May 5,2010, Docket No. 86. Taking under advisement 103 Defendant West American Insurance Companys Motion to Compel Compliance with the Courts Order (Docket No. 76) and for Sanctions Pursuant to Fed. R. Civ. P. 37(b). Granting 120 Parties Stipulated Motion to Amend the Scheduling Order to Allow an Extension of Time to Complete Fact Discovery until August 31, 2010. Discovery due by 8/31/2010. (Court Reporter FTR - Ellen E. Miller) (mjwcd)
June 7, 2010 Opinion or Order Filing 115 SECOND TRIAL PREPARATION CONFERENCE ORDER Twelve Day Jury Trial set for 5/16/2011 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. Trial Preparation Conference set for 4/22/2011 at 03:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. by Judge Robert E. Blackburn on 6/7/2010. (erv, )
May 25, 2010 Opinion or Order Filing 112 ORDER. The magistrate judges recommendation contained within the Minute Order 88 , filed May 5, 2010, is APPROVED AND ADOPTED as an order of this court. The Trial Preparation Conference, currently scheduled for 07/30/2010, at 9:00 a.m., as well as the trial, currently scheduled to commence on 08/16/2010 at 8:30 a.m., are VACATED and CONTINUED, pending further order of the court. The Trial Preparation Conference and trial SHALL BE RESET during a telephonic setting conference on 06/07/2010, at 10:00 a.m. (MDT). By Judge Robert E. Blackburn on 05/25/2010.(sah, )
May 10, 2010 Opinion or Order Filing 94 MINUTE ORDER. Plaintiffs Motion to Compel Responses to Written Discovery; Request for Expedited Ruling; and Request for Sanctions 77 is GRANTED IN PART AND DENIED IN PART. By Magistrate Judge Michael J. Watanabe on 05/10/2010.(sah, )
May 6, 2010 Opinion or Order Filing 93 MINUTE ORDER denying 89 Plaintiffs Motion for Reconsideration of 05/05/2010Order Regarding 67 , Defendants Second Motion to Compel Discovery Responses. By Magistrate Judge Michael J. Watanabe on 05/06/2010.(sah, )
May 5, 2010 Opinion or Order Filing 86 MINUTE ORDER granting 67 Defendant's Second Motion to Compel Discovery Responses. Plaintiff shall provide to defendant full and complete responses to all discovery requests as outlined in the subject motion on or before 5/17/2010, by Magistrate Judge Michael J. Watanabe on 5/5/2010.(mjwcd)
April 15, 2010 Opinion or Order Filing 76 ORDER granting 55 Defendant The West American Insurance Company's Motion to Compel Discovery Responses and Privilege Log. Plaintiff shall provide responses to all discovery requests as outlined in the subject motion on or before 4/27/2010. Def endant is awarded reasonable and necessary attorney fees and costs. Stipulation as to fees and costs to be filed by 4/27/2010. If parties are unable to reach stipulation, Defendant shall file affidavit for fees and costs by 4/27/2010; Plaintiff shall have until 5/7/2010 to respond; Reply to be filed by 5/14/2010, by Magistrate Judge Michael J. Watanabe on 4/15/2010.(mjwcd)
April 14, 2010 Opinion or Order Filing 73 MINUTE ORDER Granting in part, denying in part, and declining to rule in part 60 Defendant West American Insurance Company's Motion to Amend the Scheduling Order and Vacate the Trial Date. Granted insofar as Discovery is due by 5/28/2010; Decl ines to Rule on the portion that asks to vacate the jury trial. That portion will be addressed by Judge Blackburn, the trial judge on the merits; Denying the remainder of the relief sought in the motion, by Magistrate Judge Michael J. Watanabe on 4/14/2010.(mjwcd)
September 25, 2009 Opinion or Order Filing 34 MINUTE ORDER granting up to and including 11/24/2009 32 the Defendant's Unopposed Motion for Extension of Deadline for Joinder of Parties and Amendment of Pleadings, by Magistrate Judge Michael J. Watanabe on 09/25/2009.(mjwcd )
August 13, 2009 Opinion or Order Filing 22 TRIAL PREPARATION CONFERENCE ORDER Five (5) day Jury Trial set for 8/16/2010 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. Trial Preparation Conference set for 7/30/2010 at 09:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 8/13/09. (rebsec, )
August 12, 2009 Opinion or Order Filing 19 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference held on 8/12/2009. Discovery due by 2/12/2010. Dispositive Motions due by 4/28/2010. Telephonic Status Conference set for 8/27/20 09 09:30 AM before Magistrate Judge Michael J. Watanabe. Proposed Pretrial Order due by 5/28/2010. Final Pretrial Conference set for 6/2/2010 08:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe; Granting 17 Plaintiff's Unopposed MOTION to Amend Complaint; SECOND AMENDED COMPLAINT accepted and deemed filed 8/12/2009. (Court Reporter FTR - Ellen E. Miller) (mjwcd)
July 2, 2009 Opinion or Order Filing 15 MINUTE ORDER granting 11 Motion to Vacate and Reset Scheduling Conference, filed with the Court on June 25, 2009. The scheduling conference set on 07/06/2009, at 11:00 a.m., is VACATED and RESET 08/12/2009, at 2:00 p.m., in Courtroom A-502. By Magistrate Judge Michael J. Watanabe on 07/02/2009.(sah, )
June 26, 2009 Opinion or Order Filing 13 MINUTE ORDER granting 11 Joint Motion to Amend Scheduling Order. The Markman hearing set for 07/08/2009, is VACATED. The parties are to file a status report on 08/14/2009. By Magistrate Judge Boyd N. Boland on 06/26/2009.(sah, )
May 6, 2009 Opinion or Order Filing 3 ORDER. A Scheduling/Planning Conference is set for 7/6/2009 11:00 AM in Courtroom A 502 by Magistrate Judge Michael J. Watanabe on 05/06/2009. (sah, )
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Plaintiff: Allstate Insurance Company
Represented By: Cathleen Hopfe Heintz
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Defendant: Ohio Casualty Insurance Company
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