Old Republic Insurance Company v. Burlington Northern & Santa Fe Railway Company
| Old Republic Insurance Company |
| Burlington Northern & Santa Fe Railway Company |
| United Industries Corporation, Progress Rail Services Corporation and Kentuckiana Railcar Repair & Storage Facility, LLC |
| 1:2016cv02075 |
| February 9, 2016 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Ronald A Guzman |
| Contract: Insurance |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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| Filing 71 CERTIFIED copy of order dated 4/27/2017 from the Seventh Circuit Court of Appeals regarding notice of appeal #66 ; Appellate case no. : 17-1072; upon consideration of the AGREED MOTION FOR VOLUNTARY DISMISSAL, filed on April 26, 2017, by counsel for the parties, IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). (ks, ) |
| Filing 70 MANDATE of USCA dated 4/27/2017 regarding notice of appeal #66 ; USCA No.17-1072; No record to be returned. (ks, ) |
| Filing 69 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #66 ; USCA Case No. 17-1072. (eg,) |
| Filing 68 TRANSMITTED to the 7th Circuit the short record on notice of appeal #66 . Notified counsel (ek, ) |
| Filing 67 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #66 (ek, ) |
| Filing 66 NOTICE of appeal by Burlington Northern & Santa Fe Railway Company regarding orders #63 , #57 , #65 Filing fee $ 505, receipt number 0752-12737999. (Mitchell, Vy'Shaey) |
| Filing 65 FINAL ORDER OF JUDGMENT AND DISMISSAL WITH PREJUDICE AND DECLARATORY JUDGMENT. Signed by the Honorable Ronald A. Guzman on 12/12/2016. Mailed notice. (eg,) |
| Filing 64 NOTICE by Old Republic Insurance Company re order, #63 Notice of Lodgment of Proposed Final Order of Judgment And Dismissal With Prejudice And Declaratory Judgment (Attachments: #1 Text of Proposed Order [Proposed] Final Order Of Judgment And Dismissal With Prejudice And Declaratory Judgment)(Cancio, Marcos) |
Filing 63
ORDER Signed by the Honorable Ronald A. Guzman on 12/5/2016: Old Republic's motion for separate entry of final judgment under Federal Rule of Civil Procedure 58(d) or, in the alternative, for judgment pursuant to Federal Rule of Civil Procedure 12(c) #58 is granted in part. Old Republic is directed to file a proposed draft judgment order in accordance with this Court's ruling no later than December 12, 2016. [For further details see statement]. Mailed notice(is, )
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| Filing 62 REPLY by Plaintiff Old Republic Insurance Company to petition #58 Reply In Support of Its Request for Separate Entry of Final Judgment Pursuant to FRCP 58(d), or in the Alternative, Pursuant to FRCP 12(c) (Cancio, Marcos) |
| Filing 61 MINUTE entry before the Honorable Ronald A. Guzman: Old Republic is directed to file, no later than November 21, 2016, a brief reply in support its request for separate entry of final judgment which addresses the issues raised in BNSF's Objections #60 . Mailed notice (is, ) |
| Filing 60 OBJECTIONS to Old Republic's Request for Separate Entry of Final Judgment Pursuant to FRCP 58(D), or in the Alternative, Pursuant to FRCP 12(C) (Mitchell, Vy'Shaey) |
| Filing 59 MINUTE entry before the Honorable Ronald A. Guzman: Defendant's response to Plaintiff's request for separate entry of final judgment or, in the alternative, under Rule 12(c) #58 due no later than November 7, 2016. No reply to be filed unless so directed by the Court. Ruling will be by mail. Mailed notice (is, ) |
| Filing 58 PETITION order on motion for miscellaneous relief,, add and terminate parties #57 Request for Separate Entry of Final Judgment Pursuant to FRCP 58(d), or in the Alternative, Pursuant to FRCP 12(c) (Cancio, Marcos) |
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Filing 57
ORDER Signed by the Honorable Ronald A. Guzman on 10/19/2016: Plaintiff's motion to dismiss the counterclaim #29 is granted. [For further details see order.] Mailed notice (is, )
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| Filing 56 MINUTE entry before the Honorable Ronald A. Guzman: Attorney Susannah M. Eichele's application to appear pro hac vice #54 on behalf of the defendant is granted. Mailed notice (is, ) |
| Filing 55 RESPONSE by Plaintiff Old Republic Insurance Company to statement #52 (Cancio, Marcos) |
| Filing 54 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12298541. (Eichele, Susannah) |
| Filing 53 TRANSCRIPT OF PROCEEDINGS held on 7/27/16 before the Honorable Ronald A. Guzman. Court Reporter Contact Information: Mary_Hacker@ilnd.uscourts.gov (312) 435-5564. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/7/2016. Redacted Transcript Deadline set for 9/19/2016. Release of Transcript Restriction set for 11/15/2016. (Hacker, Mary) |
| Filing 52 POSITION STATEMENT by Burlington Northern & Santa Fe Railway Company (AMENDED) (Mitchell, Vy'Shaey) |
| Filing 51 NOTICE by Burlington Northern & Santa Fe Railway Company re statement #50 (Mitchell, Vy'Shaey) |
| Filing 50 POSITION STATEMENT by Burlington Northern & Santa Fe Railway Company (Mitchell, Vy'Shaey) |
| Filing 49 MINUTE entry before the Honorable Ronald A. Guzman: Status hearing held on 7/27/2016. Defendant's position paper on request to proceed with discovery to be filed by 8/17/2016. Plaintiff's response due by 8/29/2016. Mailed notice (is, ) |
| Filing 48 MINUTE entry before the Honorable Ronald A. Guzman: Status hearing set for 7/27/2016 at 09:30 AM. is reset to 7/27/2016 at 01:15 PM. on Court's own motion. TIME CHANGE ONLY. Mailed notice (is, ) |
| Filing 47 MINUTE entry before the Honorable Ronald A. Guzman: Status hearing set for 7/27/2016 at 09:30 AM. Mailed notice (is, ) |
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Filing 46
ORDER Signed by the Honorable Ronald A. Guzman on 7/14/2016: Plaintiff's motion to strike the third-party complaint #30 is granted and Defendant's motion to transfer #22 is denied. [For further details see order.] Mailed notice (is, )
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| Filing 45 MINUTE entry before the Honorable Ronald A. Guzman: Attorney James S. Hultz's Application to appear pro hac vice #42 on behalf of defendant is granted. Mailed notice (is, ) |
| Filing 44 MINUTE entry before the Honorable Ronald A. Guzman: Attorney Gregory L. Dillion's Application to appear pro hac vice #41 on behalf of defendant is granted. Mailed notice (is, ) |
| Filing 43 MINUTE entry before the Honorable Ronald A. Guzman: Motion hearing held on 6/16/2016. Defendant's motion for entry of default against third-party defendants #30 is denied without prejudice. The Court will rule on pending motions by mail. Mailed notice (is, ) |
| Filing 42 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12016932. (Hultz, James) |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12016779. (Dillion, Gregory) |
| Filing 40 NOTICE of Motion by Vy'Shaey Montriece Mitchell for presentment of motion for default judgment #39 before Honorable Ronald A. Guzman on 6/16/2016 at 09:30 AM. (Mitchell, Vy'Shaey) |
| Filing 39 MOTION by ThirdParty Plaintiff Burlington Northern & Santa Fe Railway Company for default judgment as to Third Party Defendants (Mitchell, Vy'Shaey) |
| Filing 38 REPLY by Counter Defendant Old Republic Insurance Company to motion for miscellaneous relief #29 Reply in Support of 12(b)(6) Motion to Dismiss Counterclaim (Cancio, Marcos) |
| Filing 37 REPLY by Plaintiff Old Republic Insurance Company to motion to strike, motion for relief #30 (Cancio, Marcos) |
| Filing 36 RESPONSE by Burlington Northern & Santa Fe Railway Companyin Opposition to MOTION #29 (Mitchell, Vy'Shaey) |
| Filing 35 RESPONSE by Burlington Northern & Santa Fe Railway Companyin Opposition to MOTION by Plaintiff Old Republic Insurance Company to strike third party complaint, #19 #30 (Mitchell, Vy'Shaey) |
| Filing 34 REPLY by ThirdParty Plaintiff Burlington Northern & Santa Fe Railway Company, Defendant Burlington Northern & Santa Fe Railway Company, Counter Claimant Burlington Northern & Santa Fe Railway Company to motion to transfer case, #22 (Mitchell, Vy'Shaey) |
| Filing 33 MINUTE entry before the Honorable Ronald A. Guzman: Set deadlines as to Plaintiff's 12(b)(6) motion to dismiss BNSF's counterclaim #29 : Response due by 5/12/2016. Reply due by 5/26/2016. Ruling by mail. Mailed notice (is, ) |
| Filing 32 MINUTE entry before the Honorable Ronald A. Guzman: Defendant's response to Plaintiff's motion to strike BNSF's third-party amended complaint for declaratory judgment, breach of contract, and contribution #30 due by 5/10/2016. Reply due by 5/24/2016. Ruling by mail. Motion hearing noticed for 4/19/2016 is stricken and no parties shall appear. Mailed notice (is, ) |
| Filing 31 NOTICE of Motion by Marcos G Cancio for presentment of motion to strike, motion for relief #30 before Honorable Ronald A. Guzman on 4/19/2016 at 09:30 AM. (Cancio, Marcos) |
| Filing 30 MOTION by Plaintiff Old Republic Insurance Company to strike third party complaint, #19 (Cancio, Marcos) |
| Filing 29 RESPONSE by Plaintiff Old Republic Insurance Company to counterclaim #21 (Cancio, Marcos) Modified on 4/21/2016 (ks, ). |
| Filing 28 RESPONSE by Old Republic Insurance Companyin Opposition to MOTION by ThirdParty Plaintiff Burlington Northern & Santa Fe Railway Company to transfer case #22 (Attachments: #1 Exhibit Exhibit A)(Cancio, Marcos) |
| Filing 27 SUMMONS Returned Executed by Burlington Northern & Santa Fe Railway Company as to Progress Rail Services Corporation on 3/25/2016, answer due 4/15/2016. (Mitchell, Vy'Shaey) |
| Filing 26 SUMMONS Returned Executed by Burlington Northern & Santa Fe Railway Company as to Kentuckiana Railcar Repair & Storage Facility, LLC on 3/25/2016, answer due 4/15/2016. (Mitchell, Vy'Shaey) |
| Filing 25 SUMMONS Returned Executed by Burlington Northern & Santa Fe Railway Company as to United Industries Corporation on 3/25/2016, answer due 4/15/2016. (Mitchell, Vy'Shaey) |
| SUMMONS Issued as to Third Party Defendants Kentuckiana Railcar Repair & Storage Facility, LLC, Progress Rail Services Corporation, United Industries Corporation (daj, ) |
| Filing 24 MINUTE entry before the Honorable Ronald A. Guzman: Motion hearing held on 3/17/2016 regarding motion by Third Party Plaintiff Burlington Northern & Santa Fe Railway Company to transfer case #22 . Set deadlines as to motion to transfer case #22 : Response due by 4/14/2016. Reply due by 5/5/2016. Ruling by mail. Fact discovery ordered closed by 9/13/2016. Response to counterclaim to be filed no later than 4/15/2016. Status hearing set for 3/30/2016 is stricken. Mailed notice (cjg, ) |
| Filing 23 NOTICE of Motion by Vy'Shaey Montriece Mitchell for presentment of motion to transfer case #22 before Honorable Ronald A. Guzman on 3/17/2016 at 09:30 AM. (Mitchell, Vy'Shaey) |
| Filing 22 MOTION by ThirdParty Plaintiff Burlington Northern & Santa Fe Railway Company to transfer case (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Mitchell, Vy'Shaey) (Docket Text Modified by the Clerk's Office on 3/14/2016) (sxn, ). |
| Filing 21 COUNTERCLAIM filed by Burlington Northern & Santa Fe Railway Company against Old Republic Insurance Company . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Mitchell, Vy'Shaey) |
| Filing 20 AMENDED Exhibit A for docket entry #19 - Plaintiff's Complaint (Mitchell, Vy'Shaey) Modified by the clerk's office on 3/14/2016 (jl). |
| Filing 19 THIRD party complaint by Burlington Northern & Santa Fe Railway Company against Kentuckiana Railcar Repair & Storage, Progress Rail Services Corporation, United Industries Corporation . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Mitchell, Vy'Shaey) |
| Filing 18 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Burlington Northern & Santa Fe Railway Company (Mitchell, Vy'Shaey) |
| Filing 17 BNSF Railway Company's ANSWER to Complaint with Jury Demand by Burlington Northern & Santa Fe Railway Company(Mitchell, Vy'Shaey) |
| Filing 16 MINUTE entry before the Honorable Ronald A. Guzman: Application for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11643306 (Holmes, James) #14 is granted. Mailed notice (cjg, ) |
| Filing 15 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Old Republic Insurance Company (Cancio, Marcos) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11643306. (Holmes, James) |
| Filing 13 MINUTE entry before the Honorable Ronald A. Guzman: The Court orders the parties to appear for an initial status hearing. All parties shall refer to and comply with Judge Guzman's requirements for the initial appearance as outlined in Judge Guzman's case management procedures, which can be found at: www.ilnd.uscourts.gov. Status hearing set for 3/30/2016 at 09:30 AM. Motion by Defendant Burlington Northern & Santa Fe Railway Company for extension of time to file answer #8 is granted to and including 3/11/2016. Motion hearing set for 2/23/2016 is stricken and no parties shall appear. Mailed notice (cjg, ) |
| Filing 12 RESPONSE by Plaintiff Old Republic Insurance Company to motion for extension of time to file answer #8 (Cancio, Marcos) |
| Filing 11 RE- NOTICE of Motion by Vy'Shaey Montriece Mitchell for presentment of motion for extension of time to file answer #8 before Honorable Ronald A. Guzman on 2/23/2016 at 09:30 AM. (Mitchell, Vy'Shaey) |
| Filing 10 MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion by Defendant for Extension of Time #8 is stricken as improperly filed. This matter is not referred to Magistrate Judge Gilbert. Counsel shall ONLY re-notice the motion before District Judge Guzman. Mailed notice (lxs, ) |
| Filing 9 NOTICE of Motion by Vy'Shaey Montriece Mitchell for presentment of motion for extension of time to file answer #8 before Honorable Jeffrey T. Gilbert on 2/23/2016 at 09:15 AM. (Mitchell, Vy'Shaey) |
| Filing 8 MOTION by Defendant Burlington Northern & Santa Fe Railway Company for extension of time to file answer (Mitchell, Vy'Shaey) |
| Filing 7 ATTORNEY Appearance for Plaintiff Old Republic Insurance Company by Carol J. Gerner (Gerner, Carol) |
| Filing 6 ATTORNEY Appearance for Plaintiff Old Republic Insurance Company by Marcos G Cancio (Cancio, Marcos) |
| Filing 5 MAILED Petition for Removal Letter to Counsel of Record for Plaintiff. (sxw, ) |
| Filing 4 ATTORNEY Appearance for Defendant Burlington Northern & Santa Fe Railway Company by Vy'Shaey Montriece Mitchell (Mitchell, Vy'Shaey) |
| CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (dc, ) |
| Filing 3 ATTORNEY Appearance for Defendant Burlington Northern & Santa Fe Railway Company by Richard Thomas Sikes, Jr Appearance (Sikes, Richard) |
| Filing 2 CIVIL Cover Sheet (Sikes, Richard) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, County Department, Chancery Division, case number (2016-CH-000294) filed by Burlington Northern & Santa Fe Railway Company Filing fee $ 400, receipt number 0752-11595715. Notice of Removal (Attachments: #1 Exhibit Exhibit 1)(Sikes, Richard) |
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