Morris James LLP v. Continental Casualty Company
Plaintiff: Morris James LLP
Defendant: Continental Casualty Company
Case Number: 1:2011cv00019
Filed: January 6, 2011
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: XX US, Outside State
Presiding Judge: Sue L Robinson
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1446 Breach of Contract- Insurance
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 20, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 20, 2013 Opinion or Order Filing 47 USCA Order Terminating Appeal as to #40 Notice of Appeal (Third Circuit) filed by Continental Casualty Company. USCA Decision: Dismissed. (els)
June 19, 2013 Opinion or Order Filing 46 NOTICE of Withdrawal of Motion for Award of Attorney's Fees by Morris James LLP re #35 MOTION for Attorney Fees (Matterer, Mary)
June 7, 2013 Opinion or Order Filing 45 Letter to Judge Robinson from Melissa Rhoads regarding Settlement of Case. (Rhoads, Melissa)
April 25, 2013 Opinion or Order Filing 44 REPLY BRIEF re #35 MOTION for Attorney Fees filed by Morris James LLP. (Matterer, Mary)
April 17, 2013 Opinion or Order Filing 43 NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re #40 Notice of Appeal (Third Circuit) filed by Continental Casualty Company. USCA Case Number 13-2043. USCA Case Manager: James (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (jk)
April 16, 2013 Opinion or Order Filing 42 REDACTED VERSION OF D.I. #41 ANSWERING BRIEF in Opposition re #35 MOTION for Attorney Fees filed by Continental Casualty Company. (Attachments: #1 Exhibit Exhibits A, B, C, #2 Exhibit Exhibits D, E, #3 Exhibit Exhibits F, G, #4 Exhibit Exhibit H, #5 Affidavit Edward Napierkowski, #6 Certificate of Service, #7 Notice of Electronic Filing (under seal))(Cottrell, Paul) Modified on 4/16/2013 (fms). Modified on 4/16/2013 (fms).
April 16, 2013 Opinion or Order CORRECTING ENTRY: The docket text of D.I. 42 has been corrected to reflect that it is the redacted version of D.I. 41. (fms)
April 15, 2013 Opinion or Order Filing 41 [SEALED] ANSWERING BRIEF in Opposition re #35 MOTION for Attorney Fees filed by Continental Casualty Company.Reply Brief due date per Local Rules is 4/25/2013. (Attachments: #1 Exhibit Exhibits A, B, C, #2 Exhibit Exhibits D, E, #3 Exhibit Exhibit F, G, #4 Exhibit Exhibit H, part 1, #5 Exhibit Exhibit H, part 2, #6 Affidavit Edward Napierkowski, #7 Certificate of Service)(Cottrell, Paul)
April 11, 2013 Opinion or Order Filing 40 NOTICE OF APPEAL of #33 Order on Motion for Summary Judgment,,, #34 Judgment . Appeal filed by Continental Casualty Company. (Attachments: #1 Certificate of Service)(Rhoads, Melissa)
April 11, 2013 Opinion or Order APPEAL - Credit Card Payment of $ 455.00 received re #40 Notice of Appeal (Third Circuit) filed by Continental Casualty Company. ( Filing fee $ 455, receipt number 0311-1267069.) (Rhoads, Melissa)
April 2, 2013 Opinion or Order Filing 39 REDACTED VERSION of #37 Affidavit of Mary B. Matterer in Support of Plaintiff's Motion for an Award of Attorney's Fees by Morris James LLP. (Matterer, Mary)
April 2, 2013 Opinion or Order Filing 38 REDACTED VERSION of #36 Opening Brief in Support of Motion for Award of Attorney's Fees by Morris James LLP. (Matterer, Mary)
March 27, 2013 Opinion or Order Filing 37 [SEALED] AFFIDAVIT of Mary B. Matterer re #35 MOTION for Attorney Fees filed by Morris James LLP. (Matterer, Mary)
March 27, 2013 Opinion or Order Filing 36 [SEALED] OPENING BRIEF in Support re #35 MOTION for Attorney Fees filed by Morris James LLP.Answering Brief/Response due date per Local Rules is 4/15/2013. (Matterer, Mary)
March 27, 2013 Opinion or Order Filing 35 MOTION for Attorney Fees - filed by Morris James LLP. (Matterer, Mary)
March 13, 2013 Opinion or Order Filing 34 JUDGMENT in favor of Morris James LLP against Continental Casualty Company in the amount of $176,750, together with pre-judgment and post-judgment interest (CASE CLOSED). Signed by Judge Sue L. Robinson on 3/13/2013. (nmfn)
March 12, 2013 Opinion or Order Filing 33 ORDER denying #20 Defendant's Motion for Summary Judgment ; granting #22 Plaintiff's Motion for Summary Judgment. The Clerk of Court is hereby directed to enter final judgment against defendant and in favor of plaintiff. Defendant shall provide coverage for the asserted loss in the amount of $176,750, together with pre-judgment and post-judgment interest. Signed by Judge Sue L. Robinson on 3/12/2013. (nmfn)
March 12, 2013 Opinion or Order Filing 32 MEMORANDUM OPINION. Signed by Judge Sue L. Robinson on 3/12/2013. (nmfn)
November 21, 2012 Opinion or Order Case Reassigned to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. (rjb)
June 12, 2012 Opinion or Order Filing 31 Letter to Judge Sleet from Melissa L. Rhoads, Esquire regarding Request Oral Argument. (Rhoads, Melissa)
June 6, 2012 Opinion or Order Filing 30 Letter to The Honorable Gregory M. Sleet from Mary B. Matterer regarding request for oral argument on Motion for Summary Judgment (D.I. 22). (Matterer, Mary)
May 30, 2012 Opinion or Order Filing 29 REPLY BRIEF filed by Continental Casualty Company. (Rhoads, Melissa)
May 30, 2012 Opinion or Order Filing 28 REPLY BRIEF re #22 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment filed by Morris James LLP. (Amato, Corinne)
May 16, 2012 Opinion or Order Filing 27 ANSWERING BRIEF in Opposition re #22 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment filed by Continental Casualty Company.Reply Brief due date per Local Rules is 5/29/2012. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Certificate of Compliance)(Cottrell, Paul)
May 16, 2012 Opinion or Order Filing 26 ANSWERING BRIEF in Opposition re #20 MOTION for Summary Judgment of Defendant Continental Casualty Company filed by Morris James LLP.Reply Brief due date per Local Rules is 5/29/2012. (Amato, Corinne)
May 8, 2012 Opinion or Order Filing 25 ORDER Setting Mediation Conferences: A Mediation Conference is set for 6/6/2012 at 10:00 AM in Courtroom 2B before Judge Mary Pat Thynge. See Order for details. Signed by Judge Mary Pat Thynge on 5/8/2012. (cak)
April 16, 2012 Opinion or Order Filing 24 AFFIDAVIT of Thomas C. Herweg re #23 Opening Brief in Support, #22 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment filed by Morris James LLP. (Attachments: #1 Exhibit 1 to Herweg Affidavit, #2 Exhibit 2 to Herweg Affidavit, #3 Exhibit 3 to Herweg Affidavit, #4 Exhibit 4 to Herweg Affidavit, #5 Exhibit 5 to Herweg Affidavit)(Amato, Corinne)
April 16, 2012 Opinion or Order Filing 23 OPENING BRIEF in Support re #22 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment Opening Brief in Support of Plaintiff's Motion for Summary Judgment filed by Morris James LLP.Answering Brief/Response due date per Local Rules is 5/3/2012. (Attachments: #1 Exhibit A to Opening Brief, #2 Exhibit B to Opening Brief)(Amato, Corinne)
April 16, 2012 Opinion or Order Filing 22 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment - filed by Morris James LLP. (Attachments: #1 Text of Proposed Order [Proposed] Order)(Amato, Corinne)
April 16, 2012 Opinion or Order Filing 21 OPENING BRIEF in Support re #20 MOTION for Summary Judgment filed by Continental Casualty Company.Answering Brief/Response due date per Local Rules is 5/3/2012. (Attachments: #1 Affidavit Part 1, #2 Affidavit Part 2, #3 Affidavit Part 3, #4 Affidavit Part 4, #5 Affidavit Part 5, #6 Certificate of Service)(Rhoads, Melissa)
April 16, 2012 Opinion or Order Filing 20 MOTION for Summary Judgment - filed by Continental Casualty Company. (Attachments: #1 Certificate of Service)(Rhoads, Melissa)
April 12, 2012 Opinion or Order Filing 19 ORDER Setting Teleconference (Plaintiff's counsel to initiate the call): A Telephone Conference is set for 5/8/2012 at 10:00 AM before Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 4/12/2012. (cak)
April 12, 2012 Opinion or Order CASE REFERRED to Judge Thynge for Mediation. (cak)
April 11, 2012 Opinion or Order SO ORDERED, re #17 Proposed Order filed by Morris James LLP, Continental Casualty Company, ORDER, Setting Scheduling Order Deadlines: Case referred to the Magistrate Judge for the purpose of exploring ADR. ( ALL Discovery is STAYED until further order of the Court., Case Dispositive Motions re: Cross-Motions for Summary Judgment - Opening Briefs due by 4/16/2012., Answering Briefs due 5/16/2012., Reply Briefs due 5/30/2012.). Ordered by Chief Judge Gregory M. Sleet on 4/11/2012. (asw)
April 9, 2012 Opinion or Order Filing 18 NOTICE OF SUBSTITUTION OF COUNSEL re Continental Casualty Company: Entry of appearance of attorney Melissa Lynn Rhoads. Attorney Justin P. Callaway terminated. (Attachments: #1 Certificate of Service)(Rhoads, Melissa)
March 30, 2012 Opinion or Order Filing 17 PROPOSED ORDER - Scheduling Order by Continental Casualty Company, Morris James LLP. (Matterer, Mary)
March 26, 2012 Opinion or Order Minute Entry for proceedings held before Judge Gregory M. Sleet - Telephone Conference Re: Scheduling/Discovery held on 3/26/2012. Discussion on Discovery and Summary Judgment Motions. The court will STAY Discovery at this time. Briefing Schedule regarding Motions for Summary Judgment: Opening due by 4/16/2012, Answering due by 5/16/2012, Reply due by 5/30/2012. Refer this matter to the Magistrate for ADR. Plaintiff's counsel shall file a proposed order by 3/30/2012 as discussed. (Court Reporter: Kevin Maurer.) (asw)
March 22, 2012 Opinion or Order Filing 16 Joint STATUS REPORT by Continental Casualty Company, Morris James LLP. (Attachments: #1 Proposed Scheduling Order, #2 Chart of Scheduling Order dates)(Matterer, Mary)
March 22, 2012 Opinion or Order Filing 15 Letter to The Honorable Gregory M. Sleet from Mary B. Matterer regarding the parties' joint agenda for the March 26, 2012 discovery teleconference. (Matterer, Mary)
March 16, 2012 Opinion or Order ORAL ORDER SCHEDULING A RULE 16.2b SCHEDULING TELECONFERENCE: A Rule 16.2b Scheduling Teleconference has been set for Monday, March 26, 2012, at 11:00 AM with the Honorable Gregory M. Sleet. During that teleconference the parties will also address discovery issues. A Joint Status Report and a separate Joint Agenda letter (see court website) shall be filed no later than the close of business on Thursday, March 22, 2012. Counsel for plaintiff(s) is directed to arrange the conference call. Ordered by Chief Judge Sleet on 03/16/2012. (ctd)
September 27, 2011 Opinion or Order SO ORDERED, re #8 MOTION for Limited Admission of Edward Napierkowski, Esquire on behalf of Defendant filed by Continental Casualty Company. Ordered by Chief Judge Gregory M. Sleet on 9/27/11. (mmm)
May 31, 2011 Opinion or Order Filing 14 NOTICE OF SERVICE of Notice of Service of Continental Casualty Company's Responses and Objections to Plaintiff's First Set of Interrogatories, Request for Production of Documents, and Request for Admissions by Continental Casualty Company.(Callaway, Justin)
May 13, 2011 Opinion or Order Filing 13 Letter to The Honorable Gregory M. Sleet from Justin P. Callaway regarding Request To File Summary Judgment Motion. (Callaway, Justin)
May 10, 2011 Opinion or Order Filing 12 Letter to The Honorable Gregory M. Sleet from Mary B. Matterer regarding Plaintiff's Opposition to Defendant's Request Seeking Permission to File a Motion for Summary Judgment - re #11 Letter. (Attachments: #1 Exhibit Forgery and Alteration Endorsement)(Matterer, Mary)
May 5, 2011 Opinion or Order Filing 11 Letter to The Honorable Gregory M. Sleet from Justin P. Callaway, Esq. regarding Permission to file Motion for Summary Judgment. (Callaway, Justin)
April 28, 2011 Opinion or Order Filing 10 NOTICE OF SERVICE of Initial Disclosures Pursuant to F.R.C.P. 26 by Continental Casualty Company.(Callaway, Justin)
April 28, 2011 Opinion or Order Filing 9 NOTICE OF SERVICE of Morris James LLP's Rule 26(a)(1) Disclosures; First Set of Interrogatories; First Request for Production of Documents; First Requests for Admission by Morris James LLP.(Amato, Corinne)
February 17, 2011 Opinion or Order Filing 8 MOTION for Limited Admission of Edward Napierkowski, Esquire on behalf of Defendant - filed by Continental Casualty Company. (Cottrell, Paul)
January 27, 2011 Opinion or Order Filing 7 STATEMENT Pursuant to Rule 81.2 by Morris James LLP. (Matterer, Mary)
January 26, 2011 Opinion or Order Filing 6 NOTICE of Pursuant to Local Rule 81.2 by Continental Casualty Company (Callaway, Justin)
January 12, 2011 Opinion or Order Case Assigned to Judge Gregory M. Sleet. Please include the initials of the Judge (GMS) after the case number on all documents filed. (bkb)
January 11, 2011 Opinion or Order Filing 5 ANSWER to Complaint by Continental Casualty Company.(Callaway, Justin)
January 11, 2011 Opinion or Order CORRECTING ENTRY: Removed Defendant's Answer to be refiled with corrected pdf per request of filer. (rwc)
January 10, 2011 Opinion or Order Filing 4 AFFIDAVIT of Service for Notice of Service with Copies of Summons, Complaint and Supporting Documentation served on Jonathan Kantor, Continental Casualty Company on January 4, 2011, filed by Morris James LLP. (Amato, Corinne)
January 6, 2011 Opinion or Order Filing 3 Disclosure Statement pursuant to Rule 7.1 filed by Continental Casualty Company indentifying Continential Corporation as corporate parent for Continential Casualty Company. (nms) Modified on 1/11/2011 (dzs, ).
January 6, 2011 Opinion or Order Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nms)
January 6, 2011 Opinion or Order Filing 1 NOTICE OF REMOVAL and copies of documents from Delaware Superior Court, Kent County, Case Number K10C-11-037-WLW (Filing fee $350, receipt number 8178)- filed by Continental Casualty Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service, #4 Civil Cover Sheet, #5 Civil Cover Sheet Attachment)(nms) (Additional attachment(s) added on 1/6/2011: #6 Aknowledgment of Consent Form) (nms).

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Plaintiff: Morris James LLP
Represented By: Edward M. McNally
Represented By: Corinne Elise Amato
Represented By: Mary Matterer
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Defendant: Continental Casualty Company
Represented By: Justin Callaway
Represented By: Melissa Lynn Rhoads
Represented By: Paul Cottrell
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