Medical Assurance Company Inc The v. Weinberger MD et al
Case Number: 4:2006cv00117
Filed: August 1, 2006
Court: US District Court for the Northern District of Indiana
Office: Lafayette Office
Presiding Judge: Andrew P Rodovich
Presiding Judge: Allen Sharp
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 2201 Declaratory Judgement (Insurance)
Jury Demanded By: Defendant
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Date Filed Document Text
August 18, 2014 Opinion or Order Filing 669 OPINION AND ORDER denying 623 Motion to Compel; granting 637 Motion to Strike or for Protective Order. Signed by Magistrate Judge Andrew P Rodovich on 8/18/14. (mlc)
June 10, 2014 Opinion or Order Filing 638 OPINION AND ORDER denying 572 Motion to Dismiss 601 Motion to reconsider; denying 603 Motion in the alternative to certify a question to the Indiana Supreme Court. Signed by Judge Jon E DeGuilio on 6/10/14. (mlc)
January 13, 2014 Opinion or Order Filing 617 MEMORANDUM OPINION AND ORDER granting in part and denying in part 607 Motion to Dismiss 313 Counterclaim by Commissioner of Insurance and Administrator of the Indiana Patient's Compensation Fund. GRANTING the motion as to the Verhoeve Defen dants, Regan Colglazier, Karen Friedman, Ashley Hart, Paul Keeton, Michael Keck, John Nosich, Austin Nunn, Jessica Pavey, Louana Polley, Joseph Warrick, Robert White, Jennifer Brouilette, David Brouilette, Steven Polley, Christiane Williams, Ibrahim Yoldash, Kathleen Hiott, and Terrance Luchene and DENYING the motion as to Verhoeve Defendant Anthony Perry. Signed by Judge Jon E DeGuilio on 1/13/14. (mlc)
September 24, 2013 Opinion or Order Filing 591 MEMORANDUM OPINION AND ORDER; GRANTING 510 Motion for Summary Judgment in the amount of $5,500,000.00; GRANTING 527 Motion for Summary Judgment in the amount of $5,500,000.00; DENYING AS MOOT 516 Motion for Summary Judgment as to t he dismissed Verhoeve Defts and dismissing without prejudice to refiling as to the Remaining Verhoeve Defts; DENYING AS MOOT 524 Motion for Summary Judgment as to Judicial Estoppel as to the dismissed Thomas Defts and is DISMISSED without prejudic e to re-filing as to Michael Guttman and Christopher Smulski and DENIED as to the remaining Defts; DENYING 546 Motion to Strike Paragraph 4 of DE 512-4; DENYING 547 Motion to Strike DE 539, 539-1; DENYING AS MOOT 549 Motion to Suspend Brief ing; GRANTING 550 Motion to Accept a Redacted Exhibit; DENYING AS MOOT 558 Motion for Expedited Ruling; DENYING AS MOOT 560 Motion to Strike the Motion for Expedited Ruling; GRANTING 576 Motion to Dismiss Fund's Counterclaim against certain of the Verhoeve Defts; The Fund's Counterclaim against the Verhoeve Defts 313 is DISMISSED WITH PREJUDICE, except as to the remaining Verhoeve Defts, as defined in DE 576 ; GRANTING 577 Joint Motion to Withdraw the Motion for Summa ry Judgment; GRANTING IN PART AND DENYING IN PART 578 Motion to Dismiss the Fund's cross-claims against certain of the Thomas Defts is GRANTED as to all movants that are identified as Thomas Defts in paragraph 9 of Medical Assurance's Sec ond Amended Complaint; The Funds crossclaims [DE 313] are accordingly DISMISSED WITH PREJUDICE as to those cross-defendants, which include all of the Thomas Defendants EXCEPT for Michael Guttman and Christopher Smulski and DENIED as to the Remaining Defts as defined in paragraph 10 of Medical Assurance's Second Amended Complaint. The Court GRANTS Declaratory Judgment as to the Verhoeve Defts Counterclaim for Declaratory Relief as to the total aggregate limits, per policy year, for claims arising out of Weinbergers malpractice [DE 290], as set out in this Order. Signed by Judge Jon E DeGuilio on 9/24/13. (mlc)
February 7, 2013 Opinion or Order Filing 522 OPINION AND ORDER, GRANTING IN PART AND DENYING IN PART 423 MOTION to Compel Deposition Testimony and Exclude Evidence filed by Stephen W Robertson; GRANTING with respect to the issues the parties identified as remaining in dispute and DENYI NG AS MOOT with respect to the remaining issues re 427 MOTION to Compel Production of Withheld Documents and Exclude Evidence filed by Stephen W Robertson, DENYING 462 MOTION to Strike [DE423] and [DE425] filed by Medical Assurance Company Inc The, DENYING 467 MOTION to Strike [DE427] and [DE428] filed by Medical Assurance Company Inc The, DENYING 494 MOTION to Strike [DE465] and [DE466] filed by Medical Assurance Company Inc The,.. Signed by Magistrate Judge Andrew P Rodovich on 2/7/13. (mlc)
October 17, 2012 Opinion or Order Filing 503 OPINION AND ORDER denying 417 Motion for Review of Magistrate Judge Decision by a District Judge. Signed by Judge Jon E DeGuilio on 10/17/12. (mlc)
October 15, 2012 Opinion or Order Filing 502 OPINION AND ORDER; DENYING AS MOOT 404 Motion to Strike Medical Assurance's Supplement to Renewed Motion for Discovery Sanctions; DENYING AS MOOT 415 Motion to Correct Appendix Filed in Support of Objection; DENYING 420 Motion for Reconsid eration of the Court's Order of 4/25/12 as to the Appointment of the Special Master; DENYING WITHOUT PREJUDICE 491 Motion for Status Conference. Parties may refile the Motion for Status Conference with a proposed agenda. Signed by Magistrate Judge Andrew P Rodovich on 10/15/12. (mlc)
September 12, 2012 Opinion or Order Filing 497 OPINION AND ORDER; ADOPTING AS MODIFIED 406 Report and Recommendations.; GRANTING IN PART 361 Motion for Sanctions directing entry of default but DENIES the request for sanction of default judment; The Court dismisses 410 Motion for Sanctions a nd all other pending motions filed by the Weinberger defendants: 198 Motion for Leave to Proceed in forma pauperis; 409 Motion for Review of Magistrate Judge Decision by a District Judge; 411 Motion for Review of Magistrate Judge Decision by a District Judge; 412 Motion for Review of Magistrate Judge Decision by a District Judge; 413 Motion for Review of Magistrate Judge Decision by a District Judge; 416 Motion for Review of Magistrate Judge Decision by a District Judge; 455 Motion for Extension of Time to File Response/Reply. (See order for further details) Signed by Judge Jon E DeGuilio on 9/12/12. (mlc)
April 26, 2012 Opinion or Order Filing 408 OPINION AND ORDER denying as moot 363 Motion to Stay; denying as moot 365 Motion to Expedite Briefing Schedule; denying 371 Motion to Stay or in the Alternative Motion to file Documents in Camera; granting 372 Motion to Appoint Special Master to Oversee Settlement Negotiations; Parties are DIRECTED to propose how any costs will be paid when a form order finalizing the process is presented to the court for approval; denying as moot 386 Motion for Leave to File Surreply and Statement of Supplemental Authority. Signed by Magistrate Judge Andrew P Rodovich on 4/26/12. (mlc)
June 20, 2011 Opinion or Order Filing 306 OPINION AND ORDER denying 246 Motion for Sanctions; granting in part and denying in part 248 Motion for Protective Order; denying 261 Motion to Compel Answers to Interrogatories. The Weinberger defendants shall provide a complete response to Medical Assurance's interrogatories by July 11, 2011, and Medical Assurance shall file an affidavit regarding attorney fees by July 11, 2011. Signed by Magistrate Judge Andrew P Rodovich on 6/20/11. (mlc)
May 26, 2011 Opinion or Order Filing 289 OPINION AND ORDER granting 216 Motion to Amend Answer to Amended Complaint; denying 232 Motion to Strike Untimely Answer ; denying 234 Motion for Leave to Serve in Excess of Twenty-Five Interrogatories; denying 238 Motion to Compel Answers to Discovery; granting 240 Motion to Reopen Written Discovery. Signed by Magistrate Judge Andrew P Rodovich on 5/26/11. (mlc)
October 25, 2010 Opinion or Order Filing 162 OPINION AND ORDER denying 155 Motion for Leave to Plea in Suspension of Action and Plea in Abatement of Action; granting 161 Motion for Summary Ruling. Signed by Magistrate Judge Andrew P Rodovich on 10/25/10. (mlc)
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