RLI Insurance Company et al v. Ceradyne, Inc. et al
| RLI Insurance Company and Liberty Mutual Insurance Company |
| Ceradyne, Inc. and Does 1-30, inclusive |
| 1:2020cv01777 |
| December 29, 2020 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 19, 2021. A more recent docket listing may be available from PACER.
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SO ORDERED re #43 MOTION for Pro Hac Vice Appearance of Attorney Jared Zola, #42 MOTION for Pro Hac Vice Appearance of Attorney James R. Murray, #44 MOTION for Pro Hac Vice Appearance of Attorney Kyle P. Brinkman filed by Ceradyne, Inc. ORDERED by Judge Maryellen Noreika on 2/22/2021. (dlw)
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Filing 44
MOTION for Pro Hac Vice Appearance of Attorney Kyle P. Brinkman - filed by Ceradyne, Inc.. (Orlacchio, Adam)
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Filing 43
MOTION for Pro Hac Vice Appearance of Attorney Jared Zola - filed by Ceradyne, Inc.. (Orlacchio, Adam)
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Filing 42
MOTION for Pro Hac Vice Appearance of Attorney James R. Murray - filed by Ceradyne, Inc.. (Orlacchio, Adam)
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Filing 41
REQUEST for Oral Argument by Liberty Mutual Insurance Company, RLI Insurance Company re #31 . (Katzenstein, Robert)
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Filing 40
REPLY BRIEF in Further Support of Its Motion to Dismiss Insurers' Amended Complaint filed by Ceradyne, Inc. (McCune, Brandon) Modified on 2/8/2021 (dlw).
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Filing 39
ANSWERING BRIEF in Opposition to Ceradyne, Inc.'s Motion to Dismiss Amended Complaint filed by Liberty Mutual Insurance Company, RLI Insurance Company. Reply Brief due date per #38 Stipulation and Order is 2/8/2021. (Katzenstein, Robert) Modified on 1/19/2021 (dlw).
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SO ORDERED re #38 Stipulation and Briefing Schedule (Set Briefing Schedule re #31 Motion to Dismiss: Answering Brief due 1/18/2021. Reply Brief due 2/8/2021). ORDERED by Judge Maryellen Noreika on 1/4/2021. (dlw)
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Filing 38
STIPULATION Briefing Schedule on Defendant's Motion to Dismiss and Proposed Order by Liberty Mutual Insurance Company, RLI Insurance Company. (Katzenstein, Robert) Modified on 1/4/2021 (dlw).
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Filing 37
NOTICE of Appearance by Adam V. Orlacchio on behalf of Ceradyne, Inc. (Attachments: #1 Certificate of Service)(Orlacchio, Adam)
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Filing 36
NOTICE of Appearance by Robert J. Katzenstein on behalf of Liberty Mutual Insurance Company, RLI Insurance Company (Attachments: #1 Certificate of Service)(Katzenstein, Robert)
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Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
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Filing 35
Local Counsel Letter sent. Notice of Compliance deadline set for 1/28/2021. (sam)
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Filing 34
Record of case transferred in from District of California Central; Case Number in Other District: 8:20-cv-01997. Copy of Docket Sheet and original file
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Filing 33
MINUTES [IN CHAMBERS] Order Regarding Defendant's Motion to Transfer by Judge James V. Selna: For the following reasons, the Court GRANTS Ceradyne's motion to transfer venue. Ceradyne also filed two request for judicial notices. Dkt. Nos. 19-4, 30-4. The Court GRANTS Ceradyne's requests for judicial notice. All remaining and pending motions are transferred to the transferee court in the District of Delaware. (See document for further details.) ( MD JS-6. Case Terminated ) (es) [Transferred from California Central on 12/29/2020.]
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Filing 32
First REQUEST for Hearing Motion to Transfer or Stay Proceedings, re NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative, Motion to Transfer or Motion to Stay Proceedings #19 , filed by Plaintiff RLI Insurance Company. Request set for hearing on 12/21/2020 at 01:30 PM before Judge James V. Selna. (Prough, Michael) [Transferred from California Central on 12/29/2020.]
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Filing 31
NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Ceradyne, Inc.. Motion set for hearing on 1/25/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion by Defendant Ceradyne, Inc. to Dismiss Plaintiffs' Amended Complaint, #2 Exhibit 1 to Memorandum, #3 Exhibit 2 to Memorandum, #4 Proposed Order Granting Motion to Dismiss Plaintiffs' Amended Complaint by Defendant Ceradyne, Inc., #5 Request for Judicial Notice in Support of Defendant Ceradyne, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint, #6 Exhibit A to Request for Judicial Notice, #7 Exhibit B to Request for Judicial Notice, #8 Exhibit C to Request for Judicial Notice, #9 Declaration of Jared Zola in Support of Defendant Ceradyne, Inc.'s Motion to Dismiss Plaintiffs' Amended Complaint, #10 Exhibit A to Declaration of Jared Zola, #11 Exhibit B to Declaration of Jared Zola, #12 Exhibit C to Declaration of Jared Zola, #13 Exhibit D to Declaration of Jared Zola) (Holt, Julia) [Transferred from California Central on 12/29/2020.]
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Filing 30
REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative, Motion to Transfer or Motion to Stay Proceedings #19 filed by Defendant Ceradyne, Inc.. (Attachments: #1 Declaration of Jared Zola in Support of Defendant's Reply in Support of Motion to Dismiss, Transfer or Stay, #2 Exhibit A to Declaration of Jared Zola, #3 Exhibit B to Declaration of Jared Zola, #4 Request for Judicial Notice in Support of Defendant's Reply in Support of Motion to Dismiss, Transfer or Stay, #5 Exhibit 1 to Request for Judicial Notice, #6 Exhibit 2 to Request for Judicial Notice)(Holt, Julia) [Transferred from California Central on 12/29/2020.]
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Filing 29
ORDER RE: STIPULATION TO CONTINUE HEARING ON CERADYNE, INC.'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, TRANSFER OR STAY #28 by Judge James V. Selna. IT IS HEREBY ORDERED THAT: 1. The Hearing on the Motion is continued from 12/14/2020 to 12/21/2020 at 1:30 P.M.; 2. The time for filing Defendant Ceradyne Inc.'s reply papers as to the Motion is continued from November 30, 2020 to December 7, 2020. (es) [Transferred from California Central on 12/29/2020.]
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Filing 28
STIPULATION to Continue Motion to Dismiss from December 14, 2020 to December 21, 2020 Re: NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative, Motion to Transfer or Motion to Stay Proceedings #19 filed by Defendant Ceradyne, Inc.. (Attachments: #1 Proposed Order)(Holt, Julia) [Transferred from California Central on 12/29/2020.]
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Filing 27
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative, Motion to Transfer or Motion to Stay Proceedings #19 Filed by Plaintiff Liberty Mutual Insurance Company and filed by Plaintiff RLI Insurance Company. (Attachments: #1 Declaration John E. Howell, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Prough, Michael) [Transferred from California Central on 12/29/2020.]
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Filing 26
EXHIBIT Filed filed by Plaintiffs Liberty Mutual Insurance Company, RLI Insurance Company. as to Amended Complaint/Petition #24 . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Burleigh, Paul) [Transferred from California Central on 12/29/2020.]
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Filing 25
DEMAND for Jury Trial filed by Plaintiffs Liberty Mutual Insurance Company, RLI Insurance Company.. (Burleigh, Paul) [Transferred from California Central on 12/29/2020.]
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Filing 24
FIRST AMENDED COMPLAINT against DEFENDANT Ceradyne, Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff RLI Insurance Company, Liberty Mutual Insurance Company(Burleigh, Paul) [Transferred from California Central on 12/29/2020.]
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Filing 23
ORDER by Judge James V. Selna: Franting #22 Non-Resident Attorney Bonnie M. Hoffman APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Liberty Mutual Insurance Company, designating Paul H. Burleigh as local counsel. (es) [Transferred from California Central on 12/29/2020.]
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Filing 22
APPLICATION of Non-Resident Attorney Bonnie M. Hoffman to Appear Pro Hac Vice on behalf of Plaintiff Liberty Mutual Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29004369) filed by Plaintiff Liberty Mutual Insurance Company Liberty Mutual Insurance Company. (Attachments: #1 Proposed Order) (Burleigh, Paul) [Transferred from California Central on 12/29/2020.]
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Filing 21
ORDER by Judge James V. Selna: Granting #20 Non-Resident Attorney Ronald P. Schiller APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Liberty Mutual Insurance Company, designating Paul H. Burleigh as local counsel. (es) [Transferred from California Central on 12/29/2020.]
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Filing 20
APPLICATION of Non-Resident Attorney Ronald P. Schiller to Appear Pro Hac Vice on behalf of Plaintiff Liberty Mutual Insurance Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28950394) filed by Plaintiff Liberty Mutual Insurance Company Liberty Mutual Insurance Company. (Attachments: #1 Proposed Order) (Burleigh, Paul) [Transferred from California Central on 12/29/2020.]
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Filing 19
NOTICE OF MOTION AND MOTION to Dismiss Case or in the Alternative, Motion to Transfer or Motion to Stay Proceedings filed by Defendant Ceradyne, Inc.. Motion set for hearing on 12/14/2020 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration of Jared Zola in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer or Motion to Stay Proceedings, #2 Exhibit A in Support of Declaration of Jared Zola in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer or Motion to Stay Proceedings, #3 Exhibit B in Support of Declaration of Jared Zola in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer or Motion to Stay Proceedings, #4 Request for Judicial Notice in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer or Motion to Stay Proceedings, #5 Exhibit 1 in Support of Request for Judicial Notice in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer or Motion to Stay Proceedings, #6 Exhibit 2 in Support of Request for Judicial Notice in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer or Motion to Stay Proceedings, #7 Exhibit 3 in Support of Request for Judicial Notice in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer or Motion to Stay Proceedings, #8 Exhibit 4 in Support of Request for Judicial Notice in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer or Motion to Stay Proceedings, #9 Exhibit 5 in Support of Request for Judicial Notice in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer or Motion to Stay Proceedings, #10 Exhibit 6 in Support of Request for Judicial Notice in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer or Motion to Stay Proceedings, #11 Exhibit 7 in Support of Request for Judicial Notice in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer or Motion to Stay Proceedings, #12 Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss, or in the Alternative, Motion to Tranfer or Motion to Stay Proceedings, #13 Proposed Order) (Holt, Julia) [Transferred from California Central on 12/29/2020.]
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Filing 18
CERTIFICATE of Interested Parties filed by Defendant Ceradyne, Inc., identifying 3M Company. (Holt, Julia) [Transferred from California Central on 12/29/2020.]
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Filing 17
ORDER by Judge James V. Selna: Granting #13 Non-Resident Attorney James Murray APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Ceradyne, Inc., designating Julia K. Holt as local counsel. (es) [Transferred from California Central on 12/29/2020.]
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Filing 16
ORDER by Judge James V. Selna: Granting #14 Non-Resident Attorney Jared Zola APPLICATION to Appear Pro Hac Vice on behalf of Defendant Ceradyne, Inc., designating Julia K. Holt as local counsel. (es) [Transferred from California Central on 12/29/2020.]
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Filing 15
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney James R. Murray to Appear Pro Hac Vice on behalf of Defendant Ceradyne, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28938126) #13 . The following error(s) was/were found: Phone number incorrect. Application has last 4 digits at 3490 and proposed order has 3409. All State Bars list attorney in DC, not NY. (Thrasher, Lupe) [Transferred from California Central on 12/29/2020.]
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Filing 14
APPLICATION of Non-Resident Attorney Jared Zola to Appear Pro Hac Vice on behalf of Defendant Ceradyne, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28938570) filed by defendant Ceradyne, Inc.. (Attachments: #1 Proposed Order) (Holt, Julia) [Transferred from California Central on 12/29/2020.]
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Filing 13
APPLICATION of Non-Resident Attorney James R. Murray to Appear Pro Hac Vice on behalf of Defendant Ceradyne, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28938126) filed by defendant Ceradyne, Inc.. (Attachments: #1 Proposed Order) (Attorney Julia Katheryn Holt added to party Ceradyne, Inc.(pty:dft)) (Holt, Julia) [Transferred from California Central on 12/29/2020.]
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Filing 12
CERTIFICATE OF SERVICE filed by Plaintiff Liberty Mutual Insurance Company Liberty Mutual Insurance Company, re Initial Order Setting R26 Scheduling Conference - form only #11 served on 10/30/20. (Burleigh, Paul) [Transferred from California Central on 12/29/2020.]
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Filing 11
Order Setting Rule 26(f) Scheduling Conference set for 1/11/2021 at 10:00 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 1/4/2021. (lb) [Transferred from California Central on 12/29/2020.]
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Filing 10
PROOF OF SERVICE Executed by Plaintiff Liberty Mutual Insurance Company, upon Defendant Ceradyne, Inc. served on 10/20/2020, answer due 11/10/2020. Service of the Summons and Complaint were executed upon Nicole Staus, Registered Agent, authorized agent CSC Lawyers Incorporating Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Burleigh, Paul) [Transferred from California Central on 12/29/2020.]
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Filing 9
INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) [Transferred from California Central on 12/29/2020.]
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Filing 8
21 DAY Summons issued re Complaint #1 as to defendant Ceradyne, Inc. (esa) [Transferred from California Central on 12/29/2020.]
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Filing 7
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 12/29/2020.]
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Filing 6
NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Karen E. Scott. (esa) [Transferred from California Central on 12/29/2020.]
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Filing 5
CORPORATE DISCLOSURE STATEMENT filed by Plaintiff RLI INSURANCE COMPANY identifying RLI CORP. as Corporate Parent. (Prough, Michael) [Transferred from California Central on 12/29/2020.]
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Filing 4
NOTICE of Interested Parties filed by Plaintiff Liberty Mutual Insurance Company LIBERTY MUTUAL INSURANCE COMPANY, identifying Plaintiff LIBERTY MUTUAL INSURANCE COMPANY is a wholly-owned (100%) subsidiary of Liberty Mutual Group Inc., which is a wholly-owned (100%) subsidiary of LMHC Massachusetts Holdings Inc. which is a wholly-owned (100%) subsidiary of Liberty Mutual Holding Company Inc. No publicly held entity owns 10% or more of the stock of Liberty Mutual Holding Company Inc.. (Burleigh, Paul) [Transferred from California Central on 12/29/2020.]
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Filing 3
CIVIL COVER SHEET filed by Plaintiff LIBERTY MUTUAL INSURANCE COMPANY. (Burleigh, Paul) [Transferred from California Central on 12/29/2020.]
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Filing 2
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Liberty Mutual Insurance Company LIBERTY MUTUAL INSURANCE COMPANY. (Burleigh, Paul) [Transferred from California Central on 12/29/2020.]
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Filing 1
COMPLAINT Receipt No: ACACDC-28574257 - Fee: $400, filed by Plaintiff Liberty Mutual Insurance Company LIBERTY MUTUAL INSURANCE COMPANY. (Attachments: #1 Exhibit A - Primary Policy, #2 Exhibit B - RLI Policy, #3 Exhibit C - Liberty Policy) (Attorney Paul Henry Burleigh added to party LIBERTY MUTUAL INSURANCE COMPANY(pty:pla))(Burleigh, Paul) [Transferred from California Central on 12/29/2020.]
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