Bainbridge Mgt LP v. Travelers Cas and
| Bainbridge Management LP |
| Travelers Casualty and Surety Company of America |
| 2:2003cv00459 |
| October 31, 2003 |
| US District Court for the Northern District of Indiana |
| Paul R Cherry |
| James T Moody |
| Insurance |
| 28 U.S.C. § 1446 Petition for Removal |
| None |
Docket Report
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| Filing 78 Appeal Record Returned: consisting of 2 vols of pleadings, 1 vol of loose pleadings and 1 vol State Court Record. (sda) |
| Filing 77 MANDATE of USCA as to #56 Notice of Appeal filed by Bainbridge Management LP. That upon consideration of the the Motion to Dismiss filed by the parties on 1/11/07 this cause is dismissed, pursuant to Federal Rule of Appellate Procedure 42(b). Record to Returned at a Later Date. (sda) |
| Filing 76 USCA Appeal Fees received $ 455 receipt number 2207664 re #57 Notice of Appeal filed by Bainbridge Management LP, (efc, ) |
Filing 75
ORDER of USCA that the motion for leave to proceed on appeal in forma pauperis is denied as to #57 Notice of Appeal filed by Bainbridge Management LP. The appeallant shall pay the required docketing fee within 14 days or this appeal will be dismissed for failure to prosecute pursuant to Circuit Rule 3(b). (sda, ) Modified on 7/18/2006 (sda, ).
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Filing 74
ORDER of USCA as to #57 Notice of Appeal filed by Bainbridge Management LP. The motion for leave to proceed on appeal in forma pauperis is denied. Appellant shall pay the required docketing fee within 14 days, or else this appeal will be dismissed for failure to prosecute pursuant to Circuit Rule 3(b). (sda, )
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| Filing 73 NOTICE of Docketing Record on Appeal from USCA re #57 Notice of Appeal filed by Bainbridge Management LP. USCA Case Number 06-2112. USCA received record on appeal on 5/30/06. (sda, ) |
| Filing 72 Certified and Transmitted Record on Appeal to US Court of Appeals re #57 Notice of Appeal (sda, ) |
| Filing 71 Letter from 7th Circuit Court of Appeals requesting record on appeal. (sda, ) |
| Filing 70 CIRCUIT RULE 3(b) NOTICE of USCA as to #57 Notice of Appeal filed by Bainbridge Management LP. (sda, ) |
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Filing 69
AMENDED USCA ORDER on Motion to Proceed on Appeal in Forma Pauperis filed on 5/1/06 by the plaintiff-appellant. This order was corrected to remove all reference to pro se plaintiff and substitutes plaintiff-appellant. Signed by Judge Unassigned on 5/17/06. (sda, )
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Filing 68
ORDER denying both motions #58 & #67 for Leave to Appeal in forma pauperis filed by Bainbridge Management, LP. Signed by Judge James T Moody on 5/18/06. (copy sent to USCA & Bainbridge) (sda, )
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| Filing 67 MOTION for Leave to Appeal in forma pauperis by Bainbridge Management LP. (FILED ON 5/1/06 AT USCA - SEE DE #66 FOR FURTHER EXPLANATION) (sda, ) |
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Filing 66
ORDER of USCA as to #57 Notice of Appeal filed by Bainbridge Management LP. The Clerk of USCA to transfer Motion to Proceed on Appeal in Forma Pauperis to the clerk of the district court for a ruling on the motion. (sda, ) Modified on 5/17/2006 (sda, ). (CONTACTED USCA AND THEY WILL SEND CORRECTED ORDER THAT REMOVES ALL REFERENCE TO PRO SE PLAINTIFF AND SUBSTITUTES PLAINTIFF-APPELLANT)
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| Filing 65 Letter to counsel regading costs being taxed. (sda, ) |
| Filing 64 Costs Taxed in amount of $3,277.87 against Plaintiff, Bainbridge Management, LP. (sda, ) |
| Filing 63 NOTICE of Costs to be Taxed on 5/09/06 re #60 Bill of Costs. (efc, ) |
| Filing 62 NOTICE of Docketing Record on Appeal from USCA re #57 Notice of Appeal filed by Bainbridge Management LP,. USCA Case Number 06-2112 (sda, ) |
| Filing 61 MEMORANDUM OF LAW re #60 Bill of Costs (In Support). (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Allison PHV, Matthew) |
| Filing 60 BILL OF COSTS by Travelers Casualty and Surety Company of America. (Allison PHV, Matthew) |
| Filing 59 Short Record Sent to US Court of Appeals re #57 Notice of Appeal (sda, ) |
| Filing 58 MOTION to Defer Payment of Fees for Appeal by Bainbridge Management LP. (Bower, Stephen) |
| Filing 57 NOTICE OF APPEAL by Bainbridge Management LP. (Bower, Stephen) |
| Filing 56 DOCKETING STATEMENT by Bainbridge Management LP. (Bower, Stephen) Modified on 4/19/2006 (sda, ).(TEXT CHANGED TO REFLECT DOCUMENT) |
| Filing 55 CLERK'S ENTRY OF JUDGMENT. (sda, ) |
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Filing 54
OPINION AND ORDER that the clerk is directed to Enter Final Judgment stating: Judgment is entered in favor of defendant Travelers Casualty and Surety Company of America and against plaintiff Bainbridge Management, LP, which shall take nothing by way of its complaint. Signed by Judge James T Moody on 4/10/06. (sda, )
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Filing 53
ORDER granting #31 Motion for Summary Judgment filed by the defendant Travelers Casualty and Surety Company of America; denying #26 Motion for Summary Judgment filed by the plaintiff Bainbridge Management LP. Signed by Judge James T Moody on 3/31/06. (efc, )
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| Filing 52 ***On the Court's own motion, the Final Pretrial Conference date of 3/30/06 and Trial date of 4/10/06, are both vacated pending ruling on parties' Motions for Summary Judgment. New dates to be set by the Court, if necessary*** (efc, ) |
| Filing 51 NOTICE by Bainbridge Management LP for Transfer of Interest Under Federal Rule 25 (Bower, Stephen) |
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Filing 50
ORDER granting #48 Motion to Continue Bench Trial. Bench Trial set for 4/10/2006 09:00 AM in Hammond before Senior Judge James T Moody. Final Pretrial Conference set for 3/30/2006 09:00 AM in Hammond before Judge James T. Moody. Signed by Judge Paul R Cherry on 11/29/05. (sda, ) Modified on 11/30/2005 (sda, ).
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| Filing 49 NOTICE by Bainbridge Management LP re #48 Joint MOTION to Continue Trial Date (Agreed) (Bower, Stephen) |
| Filing 48 Joint MOTION to Continue Trial Date (Agreed) by Defendant Travelers Casualty and Surety Company of America. (Allison PHV, Matthew) |
| Filing 47 Minute Entry for proceedings held before Judge Paul R Cherry: Telephonic Scheduling Conference held on 8/10/2005. Pltf by S Bower. Defense by M Allison.Bench Trial set for 1/4/2006 09:00 AM in Hammond before Senior Judge James T Moody. Final Pretrial Conference set for 12/22/2005 09:00 AM in Hammond before Senior Judge James T Moody. Order Controlling Final PTC and Trial attached.(#Digitally Recorded.) (smb) |
| Filing 46 Pretrial Conference held on 5/5/2005 before Magistrate Judge Paul Cherry. Pltf by S Bower. Defense by M Allison, M McCutcheon. Parties defer entry of trial setting until after ruling on defense MSJ #31 which is fully briefed. Telephonic Scheduling Conference set for 8/10/2005 09:00 AM before Magistrate Judge Paul R Cherry w/the Court initiating the conference. (smb) |
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Filing 45
ORDER granting Agreed Joint #42 Motion for Extension of Trial Date. The Court vacates the Jury Trial Date and Final Pretrial Conference. Telephonic Scheduling Conference set for 5/5/2005 10:00 AM in Hammond before Magistrate Judge Paul R Cherry. Signed by Judge Paul R Cherry on 4/14/05. (sda, ) Modified on 4/18/2005 (sda, ).
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| Filing 44 NOTICE by Bainbridge Management LP re #42 Joint MOTION to Continue Trial Date [Agreed] (Bower, Stephen) |
| Filing 43 CERTIFICATE OF SERVICE by Travelers Casualty and Surety Company of America for Agreed Joint Motion for Extension of Trial Date (Allison PHV, Matthew) |
| Filing 42 Joint MOTION to Continue Trial Date [Agreed] by Defendant Travelers Casualty and Surety Company of America. (Allison PHV, Matthew) |
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Filing 41
ORDER CONTROLLING FINAL PRETRIAL CONFERENCE AND TRIAL. Signed by Judge Paul R Cherry on 4/12/05. (smb)
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| Filing 40 NOTICE by Bainbridge Management LP Notice of Plaintiff's Knowledge of Presiding Judge (Bower, Stephen) |
| Filing 39 BRIEF in Support of #31 MOTION for Summary Judgment Reply in Support filed by Travelers Casualty and Surety Company of America. (Allison PHV, Matthew) |
| Filing 38 REPLY to Response to Motion re #31 MOTION for Summary Judgment filed by Bainbridge Management LP. (Bower, Stephen) |
| Filing 37 RESPONSE in Opposition re #26 MOTION for Summary Judgment filed by Travelers Casualty and Surety Company of America. (Allison PHV, Matthew) |
| Filing 36 RESPONSE in Opposition re #31 MOTION for Summary Judgment filed by Bainbridge Management LP. (Bower, Stephen) |
| Filing 35 EXHIBITS 1-17 in support of #31 Motion for Summary Judgment received from Travelers Casualty and Surety Company of America pursuant to DE #34 . (Exhibits are maintained on paper in the court?s files and are not available in electronic format)(sda, ) |
| Filing 34 NOTICE OF MANUAL FILING of Exhibits 1-17 to Travelers' MSJ by Travelers Casualty and Surety Company of America (Allison PHV, Matthew) |
| Filing 33 STATEMENT of Material Facts re #31 MOTION for Summary Judgment, #32 Memorandum in Support filed by Travelers Casualty and Surety Company of America. (Allison PHV, Matthew) |
| Filing 32 MEMORANDUM in Support of #31 MOTION for Summary Judgment filed by Travelers Casualty and Surety Company of America. (Allison PHV, Matthew) |
| Filing 31 MOTION for Summary Judgment by Defendant Travelers Casualty and Surety Company of America. (Allison PHV, Matthew) |
| Filing 30 LIST OF EXHIBITS (see DE #29 ) to be considered on its #26 Motion for Summary Judgment by Bainbridge Management LP. (4 vols of exhibits are maintained on paper in the court's files and are not available in electronic format) (sda, ) |
| Filing 29 NOTICE OF MANUAL FILING of Exhibits to Summary Judgment Motion by Bainbridge Management LP (Bower, Stephen) |
| Filing 28 STATEMENT of Material Facts re #26 MOTION for Summary Judgment filed by Bainbridge Management LP. (Bower, Stephen) |
| Filing 27 MEMORANDUM in Support of #26 MOTION for Summary Judgment filed by Bainbridge Management LP. (Bower, Stephen) |
| Filing 26 MOTION for Summary Judgment by Plaintiff Bainbridge Management LP. (Bower, Stephen) |
| Filing 25 NOTICE OF MANUAL FILING of Exhibits to Travelers' Memorandum in Response to December 20, 2004 Order Regarding Diversity Jurisdiction by Travelers Casualty and Surety Company of America (Allison PHV, Matthew) |
| Remark (Received Exhibits A-D to Travelers' #24 Memorandum in Response to December 20, 2004 Order Regarding Diversity Jurisdiction) Maintained on paper in the court's files and not available in electronic format. (sda, ) |
| Filing 24 RESPONSE TO ORDER TO SHOW CAUSE by Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company of America filed by Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company of America. (Attachments: #1)(Allison PHV, Matthew) |
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Filing 23
ORDER granting Agreed Joint #22 Motion for Extension of Time to File Dispositive Motions. Signed by Judge Paul R Cherry on 2/3/05. (sda, )
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| Reset Deadlines: Dispositive motions to be filed by 3/1/2005, Responses to be filed by 3/21/2005 and Reply Briefs to be filed by 4/1/2005. (sda, ) |
| Filing 22 MOTION for Extension of Time to File Dispositive Motions by Defendant Travelers Casualty and Surety Company of America. (Allison PHV, Matthew) |
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Filing 21
ORDER that the defendant to conduct whatever discovery is necessary to identify all of the partners of Bainbride Management, LP and ascertain their citzenship(s), and to file a memo within 60 days from the date of this order setting forth the identity of each partner and his, her or its citzenship and affirmatively demonstrating the existence of diversity jurisdiction. Failure to do so will result in a remand of this action to state court. Signed by Judge James T Moody on 12/20/04. (sda, )
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Filing 20
ORDER granting #19 Motion for Extension of Time to Complete Discovery . Signed by Judge Paul R Cherry on 10/18/04. (plm, )
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| Court orders that the scheduling order be reset as follows: All discovery to be completed by 11/30/2004. Defendant expert witness reports to be delivered to the plainitff by 1/14/2005. Plaintiff expert witness reports to be delivered to the defendant by 12/20/2004. Dispositive motions to be filed by 2/15/2005, Reply to be filed by 4/1/2005. Response to be filed by 3/14/2005. Final pretrial conference remains unchanged for 4/21/05 at 9:00. The trial date remains unchanged as is set for two days on 5/2/05. (plm, ) |
| Filing 19 Joint MOTION for Extension of Time to Complete Discovery by Plaintiff Bainbridge Management LP. (Bower, Stephen) |
| Filing 18 NOTICE of Hearing: Final Pretrial Conference reset for 4/21/2005 09:00 AM in Hammond before Senior Judge James T Moody; previous setting of 4/22/2005 @9:00 a.m. is stricken from the Court's calendar (kwk, ) Modified on 6/21/2004 (kwk, ). |
| Filing 17 NOTICE of Hearing: Bench Trial set for 5/2/2005 09:00 AM in Hammond before Senior Judge James T Moody. Final Pretrial Conference set for 4/22/2005 09:00 AM in Hammond before Senior Judge James T Moody;the Court reaffirms these settings originally set by Judge Rudy Lozano (kwk, ) |
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Filing 16
ORDER REASSIGNING CASE. Case reassigned to Judge James T Moody for all further proceedings. . Signed by Judge Robert L Miller Jr on 5/20/04. (plm, )
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Filing 15
ORDER OF RECUSAL. Judge Rudy Lozano recused. Signed by Judge Rudy Lozano on 5/20/04. (plm, )
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Filing 13
ORDER Controlling Final Pretrial Conference and Trial. Signed by Judge Paul R Cherry on 2/3/04. (plm, )
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| Filing 14 REPORT of Rule 26(f) Planning Meeting. (smb) |
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Filing 12
Teleph Rule 16 Preliminary Pretrial Conference held, SCHEDULING ORDER entered on 1/29/2004 by Mag Judge Paul R Cherry. Pltf by S Bower. DFns by M McCutcheon. Amended Pleadings due by 6/30/2004. Pltf expert witness disclosures and written reports due to dfns by 9/15/04; Dfns expert witness disclosure and written reports due to pltfs by 10/15/04. Discovery to be completed by 10/31/2004. Dispositive Motions to be filed by 11/30/2004, Response Brief on disp mtns due 12/30/04; Reply Brief on disp mtns due 1/14/05. Bench Trial (2 days) set for 5/2/2005 08:30 AM in Hammond before Judge Rudy Lozano. Final Pretrial Conference set for 4/22/2005 09:00 AM in Hammond before Judge Rudy Lozano. Parties to exchange witness-exhibit lists for inclusion in PTO by 4/1/05. Order Cont Trial to follow.(smb)
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Filing 11
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice for Matthew G. Allison. Signed by Judge Paul R Cherry on 1/26/04. (plm, )
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Filing 10
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice for Michael C. McCutcheon. Signed by Judge Paul R Cherry on 1/26/04. (plm, )
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Filing 9
ORDER granting #6 Motion for Extension of Time to Respond to Written Discovery Requests. Responses due by 2/13/2004. Signed by Judge Paul R Cherry on 1/26/04. (plm, )
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| Filing 8 MOTION for Leave to Appear pro hac vice by Attorney Michael C. McCutcheon by Defendant Travelers Casualty and Surety Company of America. (Fee paid) (plm, ) |
| Filing 7 MOTION for Leave to Appear pro hac vice by Atty Matthew G. Allison by Defendant Travelers Casualty and Surety Company of America. (Fee paid) (plm, ) |
| Filing 6 Agreed MOTION for Extension of Time to Respond to Written Discovery Requests #5 by Defendant Travelers Casualty and Surety Company of America. (plm, ) |
| Filing 5 NOTICE OF SERVICE of Plaintiff's Request for Admissions to Defendant, First Motion for Production of Documents and First Set of Interrogatories to Defendant upon Thomas F. Hurka by plaintiff Bainbridge Management LP (plm, ) |
| Filing 4 NOTICE of Rule 16 Preliminary Pretrial Conference set for 1/29/2004 10:40 AM in Hammond before Magistrate Judge Paul R Cherry. (Consent form attached) (plm) |
| STATE COURT RECORD RECEIVED. Number of Volumes: 1; State Court Case No. 45D10-0309-PL-106. This record is maintained on paper in the court's files and is not available in electronic format. (plm, ) |
| Filing 3 ANSWER to 1 Complaint for Declaratory Judgment and Damages and Affirmative Defenses by Travelers Casualty and Surety Company of America.(plm, ) |
| Filing 2 NOTIFICATION of Removal and Statement of Filing by defendant Travelers Cas (plm) |
| Filing 1 NOTICE OF REMOVAL from Lake Superior Court Case Number: 45D10-0309-PL-00106 (plm) |
| FILING FEE PAID: on 10/31/03 in the amount of $ 150.00, receipt # 2201417. (plm) |
| Filing 1 COMPLAINT filed in Lake Superior Court; no jury demand (plm) |
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