Union Insurance Company v. Collins Mechanical Inc. et al
| Union Insurance Company |
| Collins Mechanical Inc. |
| McCool Companies-Construction LLC |
| 1:2012cv00607 |
| May 16, 2012 |
| US District Court for the District of Delaware |
| Wilmington Office |
| XX US, Outside State |
| Sue L Robinson |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 5, 2013. A more recent docket listing may be available from PACER.
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| CASE CLOSED per D.I. #60 . (fms) |
| Filing 60 STIPULATION of Dismissal by Union Insurance Company. (Bellew, Joseph) |
SO ORDERED, re #59 Stipulation of Dismissal filed by McCool Companies-Construction LLC. McCool Companies-Construction LLC terminated. Signed by Judge Sue L. Robinson on 2/14/2013. (fms)
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| Filing 59 STIPULATION of Dismissal with Prejudice of McCool Companies - Construction, LLC by McCool Companies-Construction LLC. (Cottrell, Paul) |
| Filing 58 First OPENING BRIEF in Support re #57 First MOTION for Summary Judgment as to Collins filed by McCool Companies-Construction LLC.Answering Brief/Response due date per Local Rules is 2/25/2013. (Attachments: #1 Exhibit Exhibit A)(Cottrell, Paul) |
| Filing 57 First MOTION for Summary Judgment as to Collins - filed by McCool Companies-Construction LLC. (Cottrell, Paul) |
| CORRECTING ENTRY: The opening brief attached to D.I. #55 has been deleted from D.I. #55 and docketed using the appropriate docket code. Briefs, motions, and appendices should be docketed using 3 separate docket codes. (fms) |
| Filing 56 OPENING BRIEF in Support re #55 MOTION for Summary Judgment filed by McCool Companies-Construction LLC.Answering Brief/Response due date per Local Rules is 2/15/2013. (Attachments: #1 certificate of service)(fms) |
| Filing 55 MOTION for Summary Judgment - filed by McCool Companies-Construction LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D (a), #5 Exhibit Exhibit D (b), #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, # 8 Opening Brief in Support of Motion for Summary Judgment, #9 Certificate of Service - Motion for Summary Judgment and Opening Brief in Support of Motion for Summary Judgment)(Cottrell, Paul) |
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Filing 54
ORDER denying #7 MOTION to Dismiss for Failure to State a Claim , denying as moot #17 MOTION to Strike #14 Reply Brief, #16 Reply Brief . Signed by Judge Sue L. Robinson on 1/25/2013. (nmfn)
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| Filing 53 NOTICE to Take Deposition of Paul Dryer, P.E. on January 24, 2013 at 1:00 p.m. by Union Insurance Company.(Bellew, Joseph) |
| Filing 52 NOTICE of Expert Disclosure by Collins Mechanical, Inc. by Collins Mechanical Inc. (Shalk, Colin) |
| Filing 51 NOTICE of Expert Disclosure by McCool Companies-Construction LLC (Cottrell, Paul) |
| Filing 50 NOTICE of Deposition of Kenneth McLauchlan on January 24, 2013 at 10:00 a.m. by Collins Mechanical Inc. (Shalk, Colin) |
| Filing 49 NOTICE to Take Deposition of Bruce Collins on December 17, 2012 at 9:30 a.m. by Union Insurance Company.(Bellew, Joseph) |
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ORAL ORDER- IT IS HEREBY ORDERED that: the Court will conduct a Status Teleconference on 2/4/2013 at 11:30 AM before Judge Sherry R. Fallon. Counsel for plaintiff's shall initiate the call to 302-573-4557. Set Hearings ( A Status Teleconference is set for 2/4/2013 at 11:30 AM before Judge Sherry R. Fallon). Ordered by Judge Sherry R. Fallon on 11/27/2012. (lih)
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| CORRECTING ENTRY: Letter to Magistrate Judge Fallon (formerly D.I. 49) has been removed from the docket as it relates to ADR. (lih) |
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SO ORDERED, re #48 STIPULATION TO EXTEND TIME Expert Deadlines to 1/24/2013. ORDER, Setting Deadlines: ( Dispositive Motions due by 2/7/2013.). Signed by Judge Sue L. Robinson on 11/16/2012. (nmfn)
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| Filing 48 STIPULATION TO EXTEND TIME Expert Deadlines to 1/24/2013 - filed by Collins Mechanical Inc.. (Shalk, Colin) |
| CORRECTING ENTRY: Letter to Judge Fallon (formerly D.I. 48) has been deleted as it relates to ADR. (lih) |
| Filing 47 NOTICE OF SERVICE of Notice of Service of Defendant Collins Mechanical, Inc.'s Request for Production of Documents directed to Defendant McCool Companies-Construction, LLC by Collins Mechanical Inc..(Shalk, Colin) |
| Filing 46 NOTICE of Collins Mechanical, Inc.'s Responses to Plaintiff's Second Requests for Admission by Collins Mechanical Inc. (Shalk, Colin) |
| Filing 45 NOTICE OF SERVICE of Plaintiff's Rule 26(a)(2) Disclosures by Union Insurance Company.(Bellew, Joseph) |
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ORAL ORDER- The Mediation conference set for 11/8/2012 shall take place in room #4102 located on the 4th floor of the United States District Court for the District of Delaware. Ordered by Judge Sherry R. Fallon on 10/25/2012. (lih)
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ORAL ORDER- IT IS HEREBY ORDERED that: the Status Teleconference set in this matter for 10/26/2012 before Judge Sherry R. Fallon is CANCELLED. Ordered by Judge Sherry R. Fallon on 10/24/2012. (lih)
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| CORRECTING ENTRY: Collins Mechanical, Inc.'s Responses to Plaintiff's Second Set of Request for Admissions (formerly D.I. 45) has been removed from the docket. Please see L.R. 5.4 (b) Service Without Filing. The party requesting discovery and the party serving responses thereto shall file with the Court a Notice of Service containing a certification that a particular form of discovery or response was served on other counsel or opposing parties, and the date and manner of service. (fms) |
| Filing 44 NOTICE OF SERVICE of Plaintiff's Second Set of Requests for Admissions Directed to Defendant Collins Mechnical, Inc. by Union Insurance Company.(Bellew, Joseph) |
| Filing 43 NOTICE OF SERVICE of First Set of Interrogatories Directed to Plaintiff, First Set of Request for Production of Documents Directed to Plaintiff and Request for Admissions Directed to Plaintiff by McCool Companies-Construction LLC.(Cottrell, Paul) |
| Filing 42 NOTICE OF SERVICE of Plaintiff's Answers to Defendant Collins Mechanical, Inc.'s Interrogatories by Union Insurance Company.(Bellew, Joseph) |
| Filing 41 NOTICE OF SERVICE of Plaintiff's Responses to Defendant Collins Mechanical, Inc.'s Request for Production Directed to Plaintiff by Union Insurance Company.(Bellew, Joseph) |
| Filing 40 NOTICE to Take Deposition of John McMullen and Greg Collins on September 21, 2012 by Union Insurance Company.(Bellew, Joseph) |
| Filing 39 NOTICE OF SERVICE of Defendant Collins Mechanical, Inc.'s Interrogatories Directed to Plaintiff and Defendant Collins Mechanical, Inc.'s Request for Production of Documents Directed to Plaintiff by Collins Mechanical Inc..(Shalk, Colin) |
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SO ORDERED, re #38 Consent MOTION for Extension of Time to Complete Discovery filed by Union Insurance Company.( Discovery due by 1/31/2013.) See Consent Motion for further details. Signed by Judge Sue L. Robinson on 9/7/2012. (fms)
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| Filing 38 Consent MOTION for Extension of Time to Complete Discovery - filed by Union Insurance Company. (Bellew, Joseph) |
| Pro Hac Vice Attorney Joseph F. Rich for Union Insurance Company added for electronic noticing. (rbe) |
| Filing 37 NOTICE of Service of Defendant Collins Mechanical, Inc.s Answers to Plaintiffs First Set of Interrogatories Directed to Defendant and of Defendant Collins Mechanical, Inc.s Responses to Plaintiffs First Set of Request for Production Directed to Defendant Collins Mechanical, Inc. by Collins Mechanical Inc. re #24 Notice of Service, (Shalk, Colin) |
| Filing 36 NOTICE of Service of Interrogatories and Request for Production of Documents directed to Plaintiff by Collins Mechanical Inc. (Shalk, Colin) |
| Filing 35 NOTICE OF SERVICE of Answers to Plaintiffs Interrogatories, Request for Admissions and Request for Production by McCool Companies-Construction LLC.(Cottrell, Paul) |
| CORRECTING ENTRY: The discovery documents formerly found at D.I. Nos. 35, 36, and 37 have been deleted from the docket. Please see L.R. 5.4 (b) Service Without Filing. The party requesting discovery and the party serving responses thereto shall file with the Court a Notice of Service containing a certification that a particular form of discovery or response was served on other counsel or opposing parties, and the date and manner of service. (nmfn) |
| Filing 34 NOTICE of Collins Mechanical, Inc.'s Responses to Plaintiff's Request for Admissions by Collins Mechanical Inc. (Shalk, Colin) |
| Filing 33 AMENDED ANSWER to #1 Complaint, CROSSCLAIM against Collins Mechanical Inc. by McCool Companies-Construction LLC.(fms) |
| Filing 32 ANSWER to #9 Answer to Complaint, Crossclaim of Collins Mechanical by McCool Companies-Construction LLC.(McGrory, Patrick) |
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SO ORDERED, re #31 Proposed Order filed by McCool Companies-Construction LLC, #29 MOTION to Amend/Correct #10 Answer to Complaint filed by McCool Companies-Construction LLC. Signed by Judge Sue L. Robinson on 8/7/2012. (fms)
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| Filing 31 PROPOSED ORDER Granting Motion to Amend its Answer re #29 MOTION to Amend/Correct #10 Answer to Complaint and Crossclaim by McCool Companies-Construction LLC. (McGrory, Patrick) |
| Filing 30 Letter to The Hon. Sue L. Robinson from Patrick McGrory for McCool Companies-Construction regarding Counsel's Statement Pursuant to L. Rule 7.1.1 of No Objection by Opposing Parties - re #29 MOTION to Amend/Correct #10 Answer to Complaint . (McGrory, Patrick) |
| Filing 29 MOTION to Amend/Correct #10 Answer to Complaint - filed by McCool Companies-Construction LLC. (Attachments: #1 Exhibit Proposed Amended Answer Blacklined version, #2 Exhibit Proposed Amended Answer Final Version)(McGrory, Patrick) |
| Filing 28 NOTICE OF SERVICE of Initial Disclosures by Collins Mechanical Inc..(Shalk, Colin) |
| CORRECTING ENTRY: INITIAL DISCLOSURES pursuant to Rule 26 by Collins Mechanical Inc (formerly D.I. 28) has been deleted from the docket. Please see L.R. 5.4 (b) Service Without Filing. The party requesting discovery and the party serving responses thereto shall file with the Court a Notice of Service containing a certification that a particular form of discovery or response was served on other counsel or opposing parties, and the date and manner of service. (fms) |
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Filing 27
ORDER Setting Status Teleconference and Mediation Conferences: A Status Teleconference is set for 10/26/2012 at 09:00 AM before Judge Sherry R. Fallon. (Counsel for plaintiff's shall initiate the call.) A Mediation Conference is set for 11/8/2012 at 09:30 AM before Judge Sherry R. Fallon. Signed by Judge Sherry R. Fallon on 7/27/2012. (lih)
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| Remark re D.I. #26 : The request in D.I. #26 was improperly filed as a letter which the court will not address. Please see Judge Robinson's website for guidance on when it is appropriate to file letters, motions/stipulations, and emails. (fms) |
| Filing 26 Letter to The Honorable Sue L. Robinson from Colin M. Shalk regarding deadline - re #22 Scheduling Order,,. (Shalk, Colin) |
| Filing 25 NOTICE OF SERVICE of Plaintiffs' First Set of Interrogatories Directed to Defendant McCool; Plaintiffs' First Set of Requests for Production Directed to Defendant McCool, and Plaintiff's Requests for Admissions Directed to Defendant McCool by Union Insurance Company.(Bellew, Joseph) |
| Filing 24 NOTICE OF SERVICE of Plaintiff's First Set of Interrogatories Directed to Defendant Collins Mechanical; Plaintiff's First Requests for Production Directed to Defendant Collins and Plaintiff's Request for Admissions Directed to Defendant Collins by Union Insurance Company.(Bellew, Joseph) |
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Filing 23
ORDER Setting Teleconference (Plaintiff's counsel shall initiate the call ): A Telephone Conference is set for 7/26/2012 at 03:00 PM before Judge Sherry R. Fallon to discuss ADR. Signed by Judge Sherry R. Fallon on 7/26/2012. (lih)
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Filing 22
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 7/31/2012. Amended Pleadings due by 7/31/2012. Discovery due by 11/30/2012. Dispositive Motions due by 1/31/2013. Motions in Limine due by 5/1/2013. Responses to Motions in Limine due by 5/8/2013. A Final Pretrial Conference is set for 5/15/2013 at 04:30 PM in Courtroom 4B before Judge Sue L. Robinson. A Jury Trial is set for 5/28/2013 at 09:30 AM in Courtroom 4B before Judge Sue L. Robinson. Signed by Judge Sue L. Robinson on 7/26/2012. (nmfn)
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| Minute Entry for proceedings held before Judge Sue L. Robinson - Scheduling Conference held on 7/26/2012. (Court Reporter not present.) (nmfn) |
| CASE REFERRED to Judge Fallon for Mediation. (lih) |
| Filing 21 NOTICE of Service of Defendants Initial Disclosures by McCool Companies-Construction LLC (Cottrell, Paul) |
| Filing 20 PROPOSED ORDER Proposed Scheduling Order re #12 Order Setting Scheduling Conference by Union Insurance Company. (Bellew, Joseph) |
| Filing 19 RESPONSE to Motion re #17 MOTION to Strike #14 Reply Brief, #16 Reply Brief filed by McCool Companies-Construction LLC. (Cottrell, Paul) |
| Filing 18 REQUEST for Oral Argument by Union Insurance Company re #17 MOTION to Strike #14 Reply Brief, #16 Reply Brief . (Bellew, Joseph) |
| Filing 17 MOTION to Strike #14 Reply Brief, #16 Reply Brief - filed by Union Insurance Company. (Attachments: #1 Exhibit A, #2 Rule 7.1.1 Certification)(Bellew, Joseph) |
| Filing 16 REPLY BRIEF re #7 MOTION to Dismiss for Failure to State a Claim filed by McCool Companies-Construction LLC. (Cottrell, Paul) |
| Filing 15 NOTICE OF SERVICE of Plaintiff's Initial Rule 26 Disclosures by Union Insurance Company.(Bellew, Joseph) |
| Filing 14 REPLY BRIEF re #7 MOTION to Dismiss for Failure to State a Claim filed by McCool Companies-Construction LLC. (Cottrell, Paul) |
| Filing 13 ANSWERING BRIEF in Opposition re #7 MOTION to Dismiss for Failure to State a Claim filed by Union Insurance Company.Reply Brief due date per Local Rules is 7/9/2012. (Bellew, Joseph) |
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Filing 12
Order Setting Telephonic Scheduling Conference: A Scheduling Conference is set for 7/26/2012 at 08:30 AM before Judge Sue L. Robinson. Signed by Judge Sue L. Robinson on 6/21/2012. (fms)
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| Filing 11 THIRD PARTY COMPLAINT against Collins Mechanical Inc.- filed by McCool Companies-Construction LLC. (Attachments: #1 Certificate of Service)(Cottrell, Paul) |
| Filing 10 ANSWER to #1 Complaint, by McCool Companies-Construction LLC. (Attachments: #1 Certificate of Service)(Cottrell, Paul) (Additional attachment(s) added on 6/19/2012: #2 Exhibit A, #3 Exhibit B) (fms). |
| CORRECTING ENTRY: Exhibits A and B to D.I. 10, that were docketed separately as D.I. 12, have been deleted from the docket as a separate entry and attached to D.I. 10. (fms) Modified on 6/19/2012 (fms). |
| Filing 9 ANSWER to #1 Complaint, with Jury of Six Demanded , CROSSCLAIM against McCool Companies-Construction LLC by Collins Mechanical Inc..(Shalk, Colin) |
| Filing 8 OPENING BRIEF in Support re #7 MOTION to Dismiss for Failure to State a Claim filed by McCool Companies-Construction LLC.Answering Brief/Response due date per Local Rules is 7/2/2012. (Attachments: #1 Certificate of Service)(Cottrell, Paul) |
| Filing 7 MOTION to Dismiss for Failure to State a Claim - filed by McCool Companies-Construction LLC. (Attachments: #1 Certificate of Service)(Cottrell, Paul) |
| Filing 6 NOTICE of Appearance by Colin M. Shalk on behalf of Collins Mechanical Inc. (Shalk, Colin) |
| Filing 5 SUMMONS Returned Executed by Union Insurance Company. McCool Companies-Construction LLC served on 5/27/2012, answer due 6/18/2012. (Bellew, Joseph) |
| Filing 4 SUMMONS Returned Executed by Union Insurance Company. Collins Mechanical Inc. served on 5/17/2012, answer due 6/7/2012. (Bellew, Joseph) |
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SO ORDERED, re #3 MOTION for Pro Hac Vice Appearance of Attorney Joseph F. Rich filed by Union Insurance Company. Signed by Judge Sue L. Robinson on 5/23/2012. (fms)
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| Case Assigned to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. (bkb) |
| Filing 3 MOTION for Pro Hac Vice Appearance of Attorney Joseph F. Rich - filed by Union Insurance Company. (Bellew, Joseph) |
| Summons Issued with Magistrate Consent Notice attached as to Collins Mechanical Inc. on 5/17/2012; McCool Companies-Construction LLC on 5/17/2012. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (els) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (els) |
| Filing 1 COMPLAINT filed with Jury Demand against Collins Mechanical Inc., McCool Companies-Construction LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-1074926.) - filed by Union Insurance Company. (Attachments: #1 Civil Cover Sheet)(els) |
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