Ex Parte Application for an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign Proceeding
| Oil Casualty Insurance Limited and ExxonMobil Oil Corporation |
| Marsh & McLennan Companies, Inc. and Marsh USA Inc. |
| 1:2020mc00069 |
| February 27, 2020 |
| US District Court for the District of Delaware |
| Leonard P Stark |
| Other Statutory Actions |
| 28 U.S.C. § 1782 |
| None |
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Filing 32
ORAL ORDER: Having reviewed the parties' joint letter (D.I. 31), Oil Casualty Insurance Limited's ("OCIL") 1782 application (D.I. 26) is DENIED and ExxonMobil Oil Corporation's ("Mobil") conditional 1782 application (D.I. 28) is DENIED. IT IS FURTHER ORDERED that the teleconference scheduled for April 14 is CANCELLED. ORDERED by Judge Leonard P. Stark on 4/8/20. (ntl)
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| CASE CLOSED (ntl) |
| Filing 31 Letter to The Honorable Leonard P. Stark from Carl D. Neff, Esquire regarding Teleconference Scheduled for April 14, 2020 at 10 a.m. and Case Status. (Neff, Carl) |
| Filing 30 [SEALED] DECLARATION re #28 MOTION -- ExxonMobil Oil Corporation's Conditional Application to Conduct Discovery Pursuant to 28 U.S.C. 1782 -- [Declaration of Allan B. Moore] - by ExxonMobil Oil Corporation. (Attachments: #1 Exhibits 1-8)(Flynn, Michael) |
| Filing 29 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld - re #28 MOTION -- ExxonMobil Oil Corporation's Conditional Application to Conduct Discovery Pursuant to 28 U.S.C. 1782 -- . (Flynn, Michael) |
| Filing 28 MOTION -- ExxonMobil Oil Corporation's Conditional Application to Conduct Discovery Pursuant to 28 U.S.C. 1782 -- - filed by ExxonMobil Oil Corporation. (Flynn, Michael) |
| Filing 27 Letter to The Honorable Leonard P. Stark from Carl D. Neff, Esquire regarding Support of Application for an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign Proceeding - re #26 MOTION // Application for an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign Proceeding. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Neff, Carl) |
| Filing 26 MOTION // Application for an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign Proceeding - filed by Oil Casualty Insurance Limited. (Attachments: #1 Proposed Order)(Neff, Carl) |
| Filing 25 Remark: The Court's discovery dispute procedures are set forth at http://www.ded.uscourts.gov (see Chambers, Judge Stark, New Procedures). (ntl) |
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Filing 24
ORAL ORDER: Having reviewed the parties' joint status report (D.I. 23), IT IS HEREBY ORDERED that: (1) ExxonMobil Oil Corporation's ("Mobil") unopposed motion to intervene (D.I. 12) is GRANTED; (2) Oil Casualty Insurance Limited's ("OCIL") 1782 application (D.I. 1) is DENIED without prejudice to renew pursuant to the Court's Discovery Matters procedures; (3) any party seeking discovery pursuant to 1782 shall file (or re-file) an application, accompanied by a 3-page letter in support, no later than April 3; to which any party opposing such relief shall reply with a 3-page letter no later than April 7; and (4) OCIL shall provide the other parties and the Court call-in information for argument on any then-pending applications, to be held by teleconference on April 14 at 10:00 a.m. ORDERED by Judge Leonard P. Stark on 3/27/20. (ntl)
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SO ORDERED, re #20 MOTION for Pro Hac Vice Appearance of Attorney Andrew W. Hammond filed by Oil Casualty Insurance Limited, #18 MOTION for Pro Hac Vice Appearance of Attorney Nathan H. Aduddell filed by Oil Casualty Insurance Limited, #19 MOTION for Pro Hac Vice Appearance of Attorney Steven A. Levy filed by Oil Casualty Insurance Limited. Signed by Judge Leonard P. Stark on 3/26/20. (ntl)
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| CORRECTING ENTRY: Corrected status report added to D.I. 23 per request of counsel. (ntl) |
| Filing 23 Joint STATUS REPORT by Oil Casualty Insurance Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Neff, Carl) (Main Document 23 replaced on 3/25/2020) (ntl). |
| Filing 22 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Marsh & McLennan Companies, Inc. for Marsh USA Inc. filed by Marsh & McLennan Companies, Inc., Marsh USA Inc.. (Katzenstein, Robert) |
| Filing 21 NOTICE of Appearance by Robert J. Katzenstein on behalf of Marsh & McLennan Companies, Inc., Marsh USA Inc. (Katzenstein, Robert) |
| Filing 20 MOTION for Pro Hac Vice Appearance of Attorney Andrew W. Hammond - filed by Oil Casualty Insurance Limited. (Attachments: #1 Certification by Counsel to be Admitted Pro Hac Vice, #2 Proposed Order)(DeSantis, Kasey) |
| Filing 19 MOTION for Pro Hac Vice Appearance of Attorney Steven A. Levy - filed by Oil Casualty Insurance Limited. (Attachments: #1 Certification by Counsel to be Admitted Pro Hac Vice, #2 Proposed Order)(DeSantis, Kasey) |
| Filing 18 MOTION for Pro Hac Vice Appearance of Attorney Nathan H. Aduddell - filed by Oil Casualty Insurance Limited. (Attachments: #1 Certification by Counsel to be Admitted Pro Hac Vice, #2 Proposed Order)(DeSantis, Kasey) |
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Filing 17
ORAL ORDER: This case having been recently reassigned to Judge Stark, IT IS HEREBY ORDERED that the parties and any potential intervenors shall meet and confer and, no later than March 24, submit a joint status report, addressing (in addition to anything else any entity wishes to address) how quickly this matter requires the Court's attention and whether the Court should deny all pending motions without prejudice to renew pursuant to the Court's Discovery Matters procedures. ORDERED by Judge Leonard P. Stark on 3/18/20. (ntl)
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SO ORDERED, re #16 MOTION for Pro Hac Vice Appearance of Attorney Allan B. Moore and Donald W. Brown filed by ExxonMobil Oil Corporation. Signed by Judge Leonard P. Stark on 3/18/20. (ntl)
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| Case Reassigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Allan B. Moore and Donald W. Brown - filed by ExxonMobil Oil Corporation. (Flynn, Michael) |
| Filing 15 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Mobil Corporation, Other Affiliate Exxon Mobil Corporation for ExxonMobil Oil Corporation filed by ExxonMobil Oil Corporation. (Flynn, Michael) |
| Filing 14 DECLARATION re #12 MOTION to Intervene -- Declaration of Allan B. Moore -- by ExxonMobil Oil Corporation. (Attachments: #1 Exhibits 1-3)(Flynn, Michael) |
| Filing 13 OPENING BRIEF in Support re #12 MOTION to Intervene filed by ExxonMobil Oil Corporation.Answering Brief/Response due date per Local Rules is 3/30/2020. (Flynn, Michael) |
| Filing 12 MOTION to Intervene - filed by ExxonMobil Oil Corporation. (Flynn, Michael) |
| Filing 11 AFFIDAVIT of Service for Ex Parte Application for an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign Proceeding and Its Corresponding Documents served on Marsh USA, Inc. on March 3, 2020, filed by Oil Casualty Insurance Limited. (Neff, Carl) |
| Filing 10 AFFIDAVIT of Service for EX Parte Application for an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign Proceeding and its Corresponding Documents served on Marsh & McLennan Companies, Inc. on March 3, 2020, filed by Oil Casualty Insurance Limited. (Neff, Carl) |
| Filing 9 Letter to Honorable Colm F. Connolly from Carl D. Neff regarding Response to ExxonMobil Oil Corporation's Letter to Court Dated March 2, 2020 - re #7 Letter,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Neff, Carl) |
| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
| Filing 8 Local Counsel Letter sent. Notice of Compliance deadline set for 4/2/2020. (kmd) |
| Filing 7 Letter to Clerk of the Court from Allan B. Moore, dated 3/2/2020, requesting that the Court decline to act on OCIL's Ex Parte Application until both Mobil and its insurance broker, Marsh, have had an appropriate opportunity (a) to consider the application, (b) to discuss it with OCIL, and (c) if necessary, to brief and be heard by the Court in response thereto - re #1 Ex Parte Application for an Order Pursuant to 28 U.S.C. Section 1782 to Conduct Discovery for Use in a Foreign Proceeding. (kmd) |
| Filing 6 DECLARATION re #1 MOTION, #4 MEMORANDUM in Support, of Damien Nyer by Oil Casualty Insurance Limited. (Neff, Carl) |
| Filing 5 DECLARATION re #1 MOTION, #4 MEMORANDUM in Support, of Steven A. Levy by Oil Casualty Insurance Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Neff, Carl) |
| Filing 4 MEMORANDUM in Support re #1 MOTION //Applicant Oil Insurance Limited's Memorandum of Points and Authorities in Support of its Ex Parte Application of an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery For Use in a Foreign Proceeding filed by Oil Casualty Insurance Limited.Answering Brief/Response due date per Local Rules is 3/12/2020. (Neff, Carl) |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed - filed by Oil Casualty Insurance Limited. (kmd) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (kmd) |
| Filing 1 Ex Parte Application for an Order Pursuant to 28 U.S.C. Section 1782 to Conduct Discovery for Use in a Foreign Proceeding - filed by Oil Casualty Insurance Limited. (Attachments: #1 Text of Proposed Order, #2 Civil Cover Sheet)(Filing Fee of $47 Paid; receipt number 0311-2864912). (kmd) |
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