ELI LILLY AND COMPANY et al v. ARCH INSURANCE COMPANY et al
Plaintiff: ELI LILLY AND COMPANY and ELI LILLY DO BRASIL LTDA
Defendant: ALTERRA AMERICAN INSURANCE COMPANY, ALLIED WORLD ASSURANCE CO HOLDINGS, LTD., NEW HAMPSHIRE INSURANCE COMPANY, ACE EUROPEAN GROUP LIMITED, LIBERTY MUTUAL INSURANCE COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., ARCH SPECIALTY INSURANCE COMPANY, ZURICH INSURANCE COMPANY LIMITED, AIG EXCESS LIABILITY INSURANCE COMPANY LTD, ARCH INSURANCE COMPANY, COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY, MAX RE LTD, RSUI INDEMNITY COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., LEXINGTON INSURANCE COMPANY, XL INSURANCE AMERICA, INC., ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, SCOR RE, LIBERTY MUTUAL FIRE INSURANCE COMPANY and AIG EUROPE (UK) LIMITED
Case Number: 1:2013cv01770
Filed: November 6, 2013
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Tim A Baker
Referring Judge: Tanya Walton Pratt
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2021 Opinion or Order Filing 1386 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Kyle Andrew Lansberry hereby notifies the Clerk of the court of changed contact information. (Lansberry, Kyle)
June 15, 2021 Opinion or Order Filing 1385 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Michael Robert Giordano hereby notifies the Clerk of the court of changed contact information. (Giordano, Michael)
March 25, 2021 Opinion or Order Filing 1384 ORDER - DENYING AS MOOT LILLY'S SUPERSEDED CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT ON ARCH'S DUTY TO PAY (1) "CLAIMS EXPENSES" AND (2) COSTS. Because the Plaintiffs' corrected Cross-Motion for Summary Judgment against Arch at Filing No. 1331 replaces the superseded Cross-Motion for Summary Judgment against Arch at Filing No. #1286 , the Court now DENIES as moot the pending Motion at Filing No. #1286 . A ruling on the remaining Motions is forthcoming. Signed by Judge Tanya Walton Pratt on 3/25/2021. (NAD)
December 10, 2020 Opinion or Order Filing 1383 NOTICE of Filing regarding Court's December 3, 2020 Order #1381 : Re-Filing of Lilly Exhibits [1280-62] and [1280-63] by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY (Attachments: #1 Exhibit Re-Filed Version of [1280-62], #2 Exhibit Re-Filed Version of [1280-63]) (Sullivan, Monica)
December 10, 2020 Opinion or Order Filing 1382 NOTICE of Filing regarding Court's December 3, 2020 Order #1380 : Re-Filing of Redacted Lilly Exhibits [1280-42] and [1280-43] by XL INSURANCE AMERICA, INC. (Attachments: #1 Re-Filed Redacted Version of [1280-42], #2 Re-Filed Redacted Version of [1280-43]) (Golding, Emily)
December 3, 2020 Opinion or Order Filing 1381 ORDER ON DEFENDANT ENDURANCE'S #1379 MOTION TO RECONSIDER LILLY'S REVISED MOTION TO MAINTAIN DOCUMENTS UNDER SEAL. See Order for documents to remain sealed and additional information. Signed by Magistrate Judge Tim A. Baker on 12/3/2020. (SWM)
December 3, 2020 Opinion or Order Filing 1380 ORDER ON DEFENDANT XL'S MOTION TO RECONSIDER LILLY'S REVISED MOTION TO MAINTAIN DOCUMENTS UNDER SEAL - Before the Court is Defendant XL Insurance America, Inc.'s motion to reconsider [Filing No. #1378 ] the Court's October 29, 2020, order [Filing No. #1371 ] denying Plaintiffs' motion to seal [Filing No. #1314 ] as it related to documents designated confidential by XL. The Court's prior order [Filing No. #1371 ] is modified as it relates to Filing No. 1280- 42 and Filing No. 1280-43. Plaintiffs' motion to seal [Filing No. #1314 ] is now granted as it relates to these two documents. The Clerk shall maintain Filing Nos. 1280-42 and 1280-43 under seal. However, XL also states that these documents could be re-filed in a redacted form. [Filing No. #1378 , at ECF p. 3.] Accordingly, XL shall file redacted versions of Exhibits 157 and 158 in line with the redactions described in its motion to reconsider within 7 days of this order. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 12/3/2020. (SWM)
November 19, 2020 Opinion or Order Filing 1379 MOTION for Reconsideration re #1371 Order on Motion to Seal/Maintain Under Seal Document , filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Sullivan, Monica) Modified on 11/20/2020 - deleted duplicative attachment description docket text(NAD).
November 19, 2020 Opinion or Order Filing 1378 MOTION for Reconsideration re #1371 Order on Motion to Seal/Maintain Under Seal Document , filed by Defendant XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order)(Bower, Eileen)
November 17, 2020 Opinion or Order Filing 1377 ORDER ON ARCH'S MEMORANDUM IN SUPPORT OF LILLY'S REVISED MOTION TO MAINTAIN DOCUMENTS UNDER SEAL - Before the Court is a memorandum [Filing No. #1376 ] filed by Defendants Arch Insurance Company and Arch Specialty Insurance Company (collectively "Arch") in support of Plaintiffs' revised motion to maintain various exhibits under seal [Filing No. #1314 ] and in response to the Court's October 29, 2020, order [Filing No. #1371 ] denying Plaintiffs' motion in part as it related to documents designated confidential by Arch. The Court treats Arch's memorandum as a motion to reconsider the Court's October 29, 2020, order [Filing No. #1371 ]. See Order for documents to remain sealed. Signed by Magistrate Judge Tim A. Baker on 11/17/2020.(SWM)
November 4, 2020 Opinion or Order Filing 1376 REPLY in Support of Motion re #1314 Amended MOTION to Maintain Document Under Seal #1279 SEALED Document (Case Participants - doc), #1280 SEALED Document (Case Participants - doc), #1281 SEALED Document (Case Participants - doc) Lilly's Revised Motion to Maintain Documen , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Gramke, Megan)
October 29, 2020 Opinion or Order Filing 1375 ORDER granting Plaintiffs' #1370 Motion to Maintain Document Number 1368 Under Seal. Signed by Magistrate Judge Tim A. Baker on 10/29/2020. (SWM)
October 29, 2020 Opinion or Order Filing 1374 ORDER granting Lilly's #1357 Motion to Maintain Document Under Seal. A redacted version of Lilly's reply brief and the attached exhibit are already publicly available on the docket. [Filing No. #1356 .] Signed by Magistrate Judge Tim A. Baker on 10/29/2020. (SWM)
October 29, 2020 Opinion or Order Filing 1373 ORDER re Upper Excess Carriers' #1353 Motion to Maintain Documents Under Seal. The Upper Excess Carriers' motion to seal [Filing No. #1353 ] is granted in as to Filing No. 1351. However, the motion is denied as to Filing Nos. 1351-1 through 1351-1. The Clerk is directed to unseal these filings after 21 days, absent any motion to reconsider, appeal, or further court order. Signed by Magistrate Judge Tim A. Baker on 10/29/2020. (SWM)
October 29, 2020 Opinion or Order Filing 1372 ORDER granting in part Defendants Arch Insurance Company and Arch Specialty Insurance Company's #1341 Motion to Maintain Documents Under Seal. See Order for documents to unseal in 21 days, absent any motion to reconsider, appeal, or further court order and additional information. Signed by Magistrate Judge Tim A. Baker on 10/29/2020. (SWM)
October 29, 2020 Opinion or Order Filing 1371 ORDER On Lilly's #1314 Revised Motion to Maintain Documents Under Seal. See Order for Documents to Unseal and Documents to Remain Sealed. Signed by Magistrate Judge Tim A. Baker on 10/29/2020. (SWM)
October 22, 2020 Opinion or Order Filing 1370 MOTION to Maintain Document Under Seal #1368 SEALED Document (Case Participants - doc) Lilly's Corrected Brief in Support of Cross-Motion for Partial Summary Judgment [Doc. 1331] and in Opposition to Arch's Motion for Summary Judgment on Counts I-III and VI-VII [Doc. 1228], filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
October 22, 2020 Opinion or Order Filing 1369 REDACTION to #1368 SEALED Document (Case Participants - doc) Lilly's Corrected Brief in Support of Cross-Motion for Partial Summary Judgment [Doc. 1331] and in Opposition to Arch's Motion for Summary Judgment on Counts I-III and VI-VII [Doc. 1228] (REDACTED) by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
October 22, 2020 Opinion or Order Filing 1368 *** SEALED PER DKT. NUMBER #1375 *** SEALED Lilly's Corrected Brief in Support of Cross-Motion for Partial Summary Judgment [Doc. 1331] and in Opposition to Arch's Motion for Summary Judgment on Counts I-III and VI-VII [Doc. 1228], re #1331 SEALED Motion (Case Participants - doc), #1333 SEALED Document (Case Participants - doc), #1228 Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan) Modified on 10/29/2020 (SWM).
October 21, 2020 Opinion or Order Filing 1367 ORDER - GRANTING LILLY'S #1366 MOTION FOR LEAVE TO FILE CORRECTED BRIEF IN SUPPORT OF CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT AND IN OPPOSITION TO ARCH'S MOTION FOR SUMMARY JUDGMENT ON COUNTS I-III AND VI-VII. The Court, finding such motion to be for good cause, hereby GRANTS the motion, and ORDERS Lilly to file corrected versions of its Sealed Brief and Redacted Brief within 3 days of the date of this Order. Signed by Judge Tanya Walton Pratt on 10/21/2020. (NAD)
October 20, 2020 Opinion or Order Filing 1366 Unopposed MOTION for Leave to File Corrected Brief in Support of Cross-Motion for Partial Summary Judgment and in Opposition to Arch's Motion for Summary Judgment on Counts I-III and VI-VII, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
October 5, 2020 Opinion or Order Filing 1365 ORDER - GRANTING #1364 MOTION TO WITHDRAW APPEARANCE OF KYLE M. DICKINSON ON BEHALF OF RSUI INDEMNITY COMPANY. IT IS THEREFORE ORDERED that the Appearance of Kyle M. Dickinson be, and is hereby, withdraw from this case. Signed by Judge Tanya Walton Pratt on 10/5/2020. (NAD)
October 2, 2020 Opinion or Order Filing 1364 MOTION to Withdraw Attorney Appearance , filed by Defendant RSUI INDEMNITY COMPANY. (Attachments: #1 Text of Proposed Order)(Dickinson, Kyle)
September 29, 2020 Opinion or Order Filing 1363 ORDER - GRANTING #1362 MOTION TO WITHDRAW APPEARANCE OF THOMAS B. BAYS ON BEHALF OF LIBERTY UNDERWRITERS, INC. IT IS THEREFORE ORDERED that the Appearance of Thomas B. Bays be, and is hereby, withdrawn from this case. Signed by Judge Tanya Walton Pratt on 9/29/2020. (NAD)
September 28, 2020 Opinion or Order Filing 1362 MOTION to Withdraw Attorney Appearance of Thomas B. Bays, filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Attachments: #1 Text of Proposed Order Granting Withdrawal of Thomas B. Bays)(Bays, Thomas)
September 25, 2020 Opinion or Order Filing 1361 MINUTE ENTRY for oral argument held before Judge Tanya Walton Pratt on 9/25/2020: Parties appeared by counsel via video conference. Oral argument was heard and this matter was taken under advisement. Signed by Judge Tanya Walton Pratt. (Court Reporter Jodie Franzen.)(TRG)
September 24, 2020 Opinion or Order Filing 1360 BRIEF/MEMORANDUM in Support re #1353 MOTION to Maintain Document Under Seal #1351 SEALED Reply in support of Motion for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Proposed Redactions to Upper Excess Carriers' Reply Brief [Doc. 1351], #2 Text of Proposed Order)(Fischer, John)
September 14, 2020 Opinion or Order Filing 1359 BRIEF/MEMORANDUM in Support re #1341 MOTION to Maintain Document Under Seal #1339 SEALED Reply in support of Motion for Summary Judgment on Counts I-III and VI-VII and Opposition to Plaintiffs' Cross-Motion for Partial Summary Judgment on Arch's Duty to Pay "Claim , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Lilly's Proposed Redactions to Arch's Reply Brief [Doc. 1339], #2 Text of Proposed Order)(Leagre, Ryan)
September 14, 2020 Opinion or Order Filing 1358 BRIEF/MEMORANDUM in Support re #1357 MOTION to Maintain Document Under Seal #1355 SEALED Reply in support of Motion Cross-Motion for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
September 14, 2020 Opinion or Order Filing 1357 MOTION to Maintain Document Under Seal #1355 SEALED Reply in support of Motion Cross-Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
September 14, 2020 Opinion or Order Filing 1356 REDACTION to #1355 SEALED Reply in support of Motion Cross-Motion for Summary Judgment by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Declaration of Gabriela Barros Cabral Ciccone with Ex. A thereto (English translation of corporate documents))(Fischer, John)
September 14, 2020 Opinion or Order Filing 1355 *** SEALED PER DKT. NUMBER #1374 *** SEALED REPLY in support of Motion re #1331 SEALED MOTION Cross-Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Declaration of Gabriela Barros Cabral Ciccone with Ex. A thereto (English translation of corporate documents))(Fischer, John) Modified on 10/29/2020 (SWM).
September 14, 2020 Opinion or Order Filing 1354 SCHEDULING ORDER - The Court hereby sets this matter for a video oral argument on September 25, 2020 at 9:00 a.m. before District Judge Tanya Walton Pratt. The court will contact counsel by separate email with the information to be used to participate in this hearing. The public may listen to the hearing scheduled for September 25, 2020 at 9:00 a.m. by calling 1-408-419-1715. Participants will be required to enter Meeting ID 669 235 435 and Passcode 2394 before being connected to the hearing. Signed by Judge Tanya Walton Pratt on 9/14/2020.(NAD)
September 10, 2020 Opinion or Order Filing 1353 MOTION to Maintain Document Under Seal #1351 SEALED Reply in support of Motion for Summary Judgment, filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order)(Knippen, Michael)
September 10, 2020 Opinion or Order Filing 1352 REDACTION to #1351 SEALED Reply in support of Motion by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Exhibit A-Filed Under Seal, #2 Exhibit B-Filed Under Seal, #3 Exhibit C-Filed Under Seal, #4 Exhibit D-Filed Under Seal, #5 Exhibit E-Filed Under Seal)(Knippen, Michael)
September 10, 2020 Opinion or Order Filing 1351 SEALED REPLY in support of Motion re #1229 SEALED MOTION for Summary Judgment(Previously Filed at Doc. 1149) (Filed under Seal Per Order Doc. 1153) Refiled per Court's Order at 1227 , filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Exhibit A-Guingrich Dep Excerpts, #2 Exhibit B-Acton Dep Excerpts, #3 Exhibit C-Newlin Dep Excerpts, #4 Exhibit D-RSUI Underwriting Manual, #5 Exhibit E-Prewett Dep Excerpts)(Knippen, Michael)
September 10, 2020 Opinion or Order Filing 1350 ORDER granting Plaintiff's #1290 Motion to Maintain Document Under Seal #1284 SEALED Response to Motion. Signed by Magistrate Judge Tim A. Baker on 9/10/2020. (MAC)
September 8, 2020 Opinion or Order Filing 1349 ORDER granting Plaintiff's #1307 Motion to Maintain Document Under Seal #1276 SEALED Document (Case Participants - doc). Signed by Magistrate Judge Tim A. Baker on 9/8/2020. (MAC)
September 8, 2020 Opinion or Order Filing 1348 ORDER granting Plaintiff's #1294 Motion to Maintain Document Under Seal #1286 SEALED MOTION Lilly's Cross-Motion for Partial Summary Judgment on Arch's Duty to Pay (1) "Claim Expenses" and (2) Costs, #1288 SEALED Document (Case Participants - doc). Signed by Magistrate Judge Tim A. Baker on 9/8/2020. (MAC)
September 4, 2020 Opinion or Order Filing 1347 ORDER granting Plaintiff's #1335 Motion to Maintain Document Under Seal #1331 SEALED MOTION, #1333 SEALED Document (Case Participants - doc). Signed by Magistrate Judge Tim A. Baker on 9/4/2020. (MAC)
September 4, 2020 Opinion or Order Filing 1346 ORDER granting Plaintiff's #1328 Motion to Maintain Document Under Seal #1327 SEALED Document (Case Participants - doc). Signed by Magistrate Judge Tim A. Baker on 9/4/2020. (MAC)
September 4, 2020 Opinion or Order Filing 1345 ORDER granting Plaintiff's #1312 Motion to Maintain Document Under Seal #1310 SEALED Document (Case Participants - doc). Signed by Magistrate Judge Tim A. Baker on 9/4/2020. (MAC)
September 3, 2020 Opinion or Order Filing 1344 ORDER - The Upper Excess Carriers' Final Unopposed #1343 Motion for Extension of Time to File Their Reply in Support of #1229 Summary Judgment is GRANTED. The Upper Excess Carriers may file a Reply Brief in Support of their Motion for Summary Judgment on or before September 10, 2020. Signed by Judge Tanya Walton Pratt on 9/3/2020. (NAD)
September 2, 2020 Opinion or Order Filing 1343 MOTION for Extension of Time to File Reply to September 10, 2020 re #1229 SEALED MOTION for Summary Judgment(Previously Filed at Doc. 1149) (Filed under Seal Per Order Doc. 1153) Refiled per Court's Order at 1227 , filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO.. (Attachments: #1 Text of Proposed Order)(Knippen, Michael)
September 2, 2020 Opinion or Order Filing 1342 ORDER denying Upper Excess Carriers' #1309 Motion to Strike. See Order. Signed by Magistrate Judge Tim A. Baker on 9/2/2020. (SWM)
August 31, 2020 Opinion or Order Filing 1341 MOTION to Maintain Document Under Seal #1339 SEALED Reply in support of Motion for Summary Judgment on Counts I-III and VI-VII and Opposition to Plaintiffs' Cross-Motion for Partial Summary Judgment on Arch's Duty to Pay "Claim Expenses" and Costs, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Gramke, Megan)
August 31, 2020 Opinion or Order Filing 1340 REDACTION to #1339 SEALED Reply in support of Motion for Summary Judgment on Counts I-III and VI-VII and Opposition to Plaintiffs' Cross-Motion for Partial Summary Judgment on Arch's Duty to Pay "Claim Expenses" and Costs by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Certified Translation, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal)(Gramke, Megan) Modified on 9/25/2020 (SWM).
August 31, 2020 Opinion or Order Filing 1339 SEALED REPLY in support of Motion re #1228 MOTION for Summary Judgment on Counts I-III and VI-VII - Refiled per Court's Order at 1227 (Originally Filed at Doc. 1144) and Opposition to Plaintiffs' Cross-Motion for Partial Summary Judgment on Arch's Duty to Pay "Claim Expenses" and Costs, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Certified Translation, #2 Exhibit 2 - LILLY_00217320, #3 Exhibit 3 - Saltsgaver Testimony)(Gramke, Megan)
August 21, 2020 Opinion or Order Filing 1338 ORDER - granting Liberty Insurance Underwriters Inc.s #1337 Motion for Extension of Time to File Reply in Support to 9/8/2020 re #1229 SEALED MOTION for Summary Judgment(Previously Filed at Doc. #1149 ) (Filed under Seal Per Order Doc. #1153 ) Refiled per Court's Order at 1 #227 . Signed by Judge Tanya Walton Pratt on 8/21/2020. (NAD)
August 20, 2020 Opinion or Order Filing 1337 Unopposed MOTION for Extension of Time to File Reply to September 8, 2020 re #1229 SEALED MOTION for Summary Judgment(Previously Filed at Doc. 1149) (Filed under Seal Per Order Doc. 1153) Refiled per Court's Order at 1227 , filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Francisco, Ana)
August 19, 2020 Opinion or Order Filing 1336 BRIEF/MEMORANDUM in Support re #1335 MOTION to Maintain Document Under Seal #1331 SEALED Document (Case Participants - doc), #1333 SEALED Document (Case Participants - doc) (Corrected Cross-Motion and Brief) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
August 19, 2020 Opinion or Order Filing 1335 MOTION to Maintain Document Under Seal #1331 SEALED Document (Case Participants - doc), #1333 SEALED Document (Case Participants - doc) (Corrected Cross-Motion and Brief), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
August 19, 2020 Opinion or Order Filing 1334 REDACTION to #1333 SEALED Document (Case Participants - doc) Corrected Brief in Support of Cross-Motion for Partial Summary Judgment and Opposing Arch Motion for Summary Judgment by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
August 19, 2020 Opinion or Order Filing 1333 ***ORDERED MAINTAINED UNDER SEAL PER #1347 ***SEALED Corrected Brief in Support of Cross-Motion for Summary Judgment and Opposing #1228 Arch Motion for Summary Judgment, re #1288 SEALED Document (Case Participants - doc), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John) Modified on 8/20/2020 - added link to #1228 (NAD). Modified on 9/8/2020 (MAC).
August 19, 2020 Opinion or Order Filing 1332 REDACTION to #1331 SEALED Document (Case Participants - doc) Corrected Cross-Motion for Partial Summary Judgment by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
August 19, 2020 Opinion or Order Filing 1331 ***ORDERED MAINTAINED UNDER SEAL PER #1347 ***SEALED Corrected Cross-Motion for Partial Summary Judgment, re #1286 SEALED Motion (Case Participants - doc), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John) Modified on 8/20/2020 - edited for administrative purposes(NAD). Modified on 9/8/2020 (MAC).
August 17, 2020 Opinion or Order Filing 1330 ORDER - GRANTING LILLY'S #1326 MOTION FOR LEAVE TO FILE CORRECTED CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT AND CORRECTED BRIEF IN SUPPORT OF CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT AND IN OPPOSITION TO ARCH'S MOTION FOR SUMMARY JUDGMENT ON COUNTS I-III AND VI-VII. The Court, finding such motion to be for good cause, hereby GRANTS the motion, and ORDERS Lilly to file clean versions of (a) its Cross-Motion for Summary Judgment correcting certain statements in paragraph 11, and (b) its supporting Brief correcting certain statements in the Statement of Facts and Section III.B.3., attached as Exhibits 1 and 2 to its motion, within seven days of the date of this Order. Signed by Judge Tanya Walton Pratt on 8/17/2020. (NAD)
August 14, 2020 Opinion or Order Filing 1329 BRIEF/MEMORANDUM in Support re #1328 MOTION to Maintain Document Under Seal #1327 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
August 14, 2020 Opinion or Order Filing 1328 MOTION to Maintain Document Under Seal #1327 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
August 14, 2020 Opinion or Order Filing 1327 ***ORDERED MAINTAINED UNDER SEAL PER #1346 ***SEALED Exhibits 1 and 2 to Lilly's Motion for Leave to File Corrected Cross-Motion for Partial Summary Judgment and Corrected Brief in Support of Cross-Motion for Partial Summary Judgment and in Opposition to Arch's Motion for Summary Judgment on Counts I-III and VI-VII, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Corrected Cross-Motion, #2 Exhibit 2 - Corrected Brief)(Fischer, John) Modified on 9/8/2020 (MAC).
August 14, 2020 Opinion or Order Filing 1326 Unopposed MOTION to Amend/Correct #1286 SEALED MOTION Lilly's Cross-Motion for Partial Summary Judgment on Arch's Duty to Pay (1) "Claim Expenses" and (2) Costs, #1289 Redacted Document, #1288 SEALED Document (Case Participants - doc), #1287 Redacted Document , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
August 13, 2020 Opinion or Order Filing 1325 BRIEF/MEMORANDUM in Support re #1314 Amended MOTION to Maintain Document Under Seal #1279 SEALED Document (Case Participants - doc), #1280 SEALED Document (Case Participants - doc), #1281 SEALED Document (Case Participants - doc) Lilly's Revised Motion to Maintain Documen , filed by Defendant RSUI INDEMNITY COMPANY. (Attachments: #1 Text of Proposed Order)(Knippen, Michael) Modified on 8/14/2020 - edited for administrative purposes(NAD).
August 10, 2020 Opinion or Order Filing 1324 MARGINAL ENTRY, re #1322 JOINT STATEMENT REGARDING SEPTEMBER 25, 2020 SUMMARY JUDGMENT ORAL ARGUMENTS. The September 25, 2020 oral argument will be presented virtually. The Courtroom Deputy Clerk will send dial in instructions in a separate Entry as we get closer to the hearing date. Signed by Judge Tanya Walton Pratt on 8/10/2020.(NAD)
August 7, 2020 Opinion or Order Filing 1323 RESPONSE in Opposition re #1309 MOTION to Strike #1284 SEALED Response to Motion, #1281 SEALED Document (Case Participants - doc) (Upper Excess Carriers' Motion to Strike Lilly's Evidentiary Appendix in Support of Lilly's Opposition to Upper Excess Carriers #1229 Motion for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan) Modified on 8/10/2020 - added link to #1229 (NAD).
August 7, 2020 Opinion or Order Filing 1322 Statement Regarding September 25, 2020 Summary Judgment Oral Arguments [JOINT SUBMISSION] by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Gramke, Megan)
August 6, 2020 Opinion or Order Filing 1321 ORDER - GRANTING UNOPPOSED #1320 MOTION FOR EXTENSION OF TIME AND FOR PERMISSION TO EXCEED PAGE LIMITATIONS. Arch's response to plaintiffs' Brief in Support of #1286 Cross-Motion for Partial Summary Judgment and in Opposition to #1228 Arch's Motion for Summary Judgment on Counts I-III and VI-VII shall be filed on or before August 31, 2020. Arch is permitted to exceed page limitations and file a response up to 38 pages in length. Plaintiff's Reply in Support of #1286 Cross-Motion for Partial Summary Judgment shall be filed on or before September 14, 2020. Signed by Judge Tanya Walton Pratt on 8/6/2020.(NAD)
August 5, 2020 Opinion or Order Filing 1320 Unopposed MOTION for Extension of Time to File Response to August 31, 2020 re #1286 SEALED MOTION Lilly's Cross-Motion for Partial Summary Judgment on Arch's Duty to Pay (1) "Claim Expenses" and (2) Costs and for Permission to Exceed Page Limitations, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Gramke, Megan)
August 4, 2020 Opinion or Order Filing 1319 ENTRY CONCERNING #1309 MOTION TO STRIKE LILLY'S EVIDENTIARY APPENDIX SUPPORTING ITS OPPOSITION TO THE UPPER EXCESS INSURERS' #1229 MOTION FOR SUMMARY JUDGMENT AND PORTIONS OF THAT OPPOSITION. Before issuing a ruling, the Court will allow Plaintiffs to file their response, if any, to the Motion to Strike Lilly's Evidentiary Appendix (Filing No. #1309 ) by no later than Friday, August 7, 2020. (See Entry.) Signed by Judge Tanya Walton Pratt on 8/4/2020.(NAD)
August 4, 2020 Opinion or Order Filing 1318 ENTRY ON #1300 EMERGENCY MOTION FOR STATUS CONFERENCE REGARDING PLAINTIFFS' CROSS-MOTION FOR SUMMARY JUDGMENT - The substantive issues and concerns raised in Arch's Emergency Motion are appropriately raised in a summary judgment response brief. Therefore, Arch's Emergency Motion for Status Conference Regarding Plaintiffs' Cross-Motion for Summary Judgment is DENIED (Filing No. #1300 ), and the Court will consider the Plaintiffs' Cross-Motion for Summary Judgment alongside Arch's Motion for Summary Judgment. Per the Local Rules, Arch is entitled to twenty-eight (28) days to respond to the Cross-Motion, and therefore, Arch's response brief, not to exceed thirty- five (35) pages, is due no later than August 17, 2020. The Plaintiffs may file a reply brief, not to exceed twenty (20) pages, no later than August 31, 2020. Because of this additional briefing, the August 28, 2020, oral argument on the summary judgment motions is vacated and rescheduled under separate order. Signed by Judge Tanya Walton Pratt on 8/4/2020. (NAD)
August 4, 2020 Opinion or Order Filing 1317 ORDER - The Upper Excess Carriers' #1316 Unopposed Motion for Extension of Time and Enlargement of Pages is GRANTED. The Upper Excess Carriers may file a Reply Brief in Support of their #1229 Motion for Summary Judgment, not to exceed 40 pages, on or before August 31, 2020. The August 28, 2020 Oral Argument on the pending motions for summary judgment is vacated and rescheduled for September 25, 2020 at 9:00 a.m. Parties have until August 7, 2020 to notify the Court whether in person or virtual oral argument is preferred. Signed by Judge Tanya Walton Pratt on 8/4/2020.(NAD)
August 3, 2020 Opinion or Order Filing 1316 MOTION for Leave to File Excess Pages and, MOTION for Extension of Time to File Reply to August 31, 2020 re #1229 SEALED MOTION for Summary Judgment(Previously Filed at Doc. 1149) (Filed under Seal Per Order Doc. 1153) Refiled per Court's Order at 1227 , filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order)(Knippen, Michael)
July 30, 2020 Opinion or Order Filing 1315 BRIEF/MEMORANDUM in Support re #1314 Amended MOTION to Maintain Document Under Seal #1279 SEALED Document (Case Participants - doc), #1280 SEALED Document (Case Participants - doc), #1281 SEALED Document (Case Participants - doc) Lilly's Revised Motion to Maintain Documen ts under seal, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
July 30, 2020 Opinion or Order Filing 1314 Amended MOTION to Maintain Document Under Seal #1279 SEALED Document (Case Participants - doc), #1280 SEALED Document (Case Participants - doc), #1281 SEALED Document (Case Participants - doc) Lilly's Revised Motion to Maintain Documents under Seal, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
July 30, 2020 Opinion or Order Filing 1313 BRIEF/MEMORANDUM in Support re #1312 MOTION to Maintain Document Under Seal #1310 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
July 30, 2020 Opinion or Order Filing 1312 MOTION to Maintain Document Under Seal #1310 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
July 30, 2020 Opinion or Order Filing 1311 REDACTION to #1310 SEALED Document (Case Participants - doc) Lilly's Response to Arch's Emergency Motion for Status Conference (REDACTED) by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
July 30, 2020 Opinion or Order Filing 1310 ***ORDERED MAINTAINED UNDER SEAL PER #1345 ***SEALED Lilly's Response to Arch's Emergency Motion for Status Conference, re #1300 Motion (Other), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan) Modified on 9/8/2020 (MAC).
July 30, 2020 Opinion or Order Filing 1309 MOTION to Strike #1284 SEALED Response to Motion, #1281 SEALED Document (Case Participants - doc) (Upper Excess Carriers' Motion to Strike Lilly's Evidentiary Appendix in Support of Lilly's Opposition to Upper Excess Carriers' #1229 Motion for Summary Judgment and Portions of that Opposition), filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order)(Bower, Eileen) Modified on 7/31/2020 - added link to #1229 (NAD).
July 30, 2020 Opinion or Order Filing 1308 BRIEF/MEMORANDUM in Support re #1307 Amended MOTION to Maintain Document Under Seal #1276 SEALED Document (Case Participants - doc) Lilly's Revised Motion to Maintain Documents under Seal , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
July 30, 2020 Opinion or Order Filing 1307 Amended MOTION to Maintain Document Under Seal #1276 SEALED Document (Case Participants - doc) Lilly's Revised Motion to Maintain Documents under Seal, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
July 29, 2020 Opinion or Order Filing 1306 ORDER granting Plaintiffs' #1305 Motion for Leave to file revised versions of its recent motions to maintain under seal. IT IS THEREFORE ORDERED that Lilly may file revised versions of its motions to maintain under seal, supporting briefs, and proposed orders, and the Clerk is directed to show docket entries 1277, 1277- 1, 1278, 1282, 1282-1, and 1283 as withdrawn. Signed by Magistrate Judge Tim A. Baker on 7/29/2020. (SWM)
July 28, 2020 Opinion or Order Filing 1305 MOTION for Leave to File Revised Motions to Maintain under Seal and to Withdraw Docket Entries 1277, 1277-1, 1278, 1282, 1282-1, and 1283, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
July 28, 2020 Opinion or Order Filing 1304 APPENDIX re #1279 SEALED Document (Case Participants - doc), #1280 SEALED Document (Case Participants - doc) Lilly's Revised Designation of Evidence for its Opposition to the #1229 Upper Excess Insurers' Motion for Summary Judgment by All Plaintiffs. (Attachments: #1 Exhibit 9 - Saltsgaver Dep. Excerpts (Redacted), #2 Exhibit 14 - Borgersen Dep. Excerpt (Redacted), #3 Exhibit 15 - Borgersen Dep. Ex. 45 (Redacted), #4 Exhibit 24 - Borgersen Dep. Ex. 68 (Redacted), #5 Exhibit 27 - Borgersen Dep. Ex. 76 (Redacted), #6 Exhibit 33 - Borgersen Dep. Ex. 86 (Redacted), #7 Exhibit 36 - Borgersen Dep. Ex. 92 (Redacted), #8 Exhibit 38 - Borgersen Dep. Ex. 98 (Redacted), #9 Exhibit 40 - Borgersen Dep. Ex. 100 (Redacted), #10 Exhibit 45 - Borgersen Dep. Ex. 4 (Redacted), #11 Exhibit 47 - Ross Dep. Excerpts (Redacted), #12 Exhibit 73 - Conkin Dep. Excerpts (Redacted), #13 Exhibit 76 - Touchstone Dep. Excerpts (Redacted), #14 Exhibit 78 - Trischetta Dep. Excerpts (Redacted), #15 Exhibit 88 - Logan Dep. Excerpts (Redacted), #16 Exhibit 101 - Bonfa Dep. Excerpts (Redacted), #17 Exhibit 126 - Prewett Dep. Excerpts (Redacted))(Leagre, Ryan) Modified on 7/30/2020 - Added link to #1229 (NAD).
July 28, 2020 Opinion or Order Filing 1303 APPENDIX re #1276 SEALED Document (Case Participants - doc) Lilly's Revised Designation of Evidence for its Opposition to #1228 Arch's Motion for Summary Judgment on Counts I-III and VI-VII by All Plaintiffs. (Attachments: #1 Exhibit 1 - Borgersen Dep. Excerpts (Redacted), #2 Exhibit 14 - Ross Dep. Ex. 41 (Redacted), #3 Exhibit 18 - Touchstone Dep. Excerpts (Redacted), #4 Exhibit 19 - Trischetta Dep. Excerpts (Redacted), #5 Exhibit 29 - Bonfa Dep. Excerpts (Redacted), #6 Exhibit 33 - Logan Dep. Excerpts (Redacted), #7 Exhibit 41 - Conkin Dep. Excerpts (Redacted), #8 Exhibit 43 - Neuman Decl. (Redacted), #9 Exhibit 49 - Mallet Decl. (Redacted))(Leagre, Ryan) Modified on 7/30/2020 - added link to #1228 (NAD).
July 27, 2020 Opinion or Order Filing 1302 ORDER - This matter is before the Court on Arch Insurance Company and Arch Specialty Insurance Company's Emergency Motion for Status Conference Regarding Plaintiffs' Cross-Motion for Summary Judgment (Dkt. #1300 ). No status conference is necessary. Instead, Plaintiff's response to the substantive issue is due no later than July 30, 2020. Signed by Judge Tanya Walton Pratt on 7/27/2020. (NAD)
July 23, 2020 Opinion or Order Filing 1301 ORDER - granting #1296 Motion to Withdraw Attorney Appearance. Attorney Jared K. Clapper withdrawn. Signed by Judge Tanya Walton Pratt on 7/23/2020. (CKM)
July 23, 2020 Opinion or Order Filing 1300 Emergency MOTION for Status Conference Regarding Plaintiffs' Cross-Motion for Summary Judgment, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Gramke, Megan)
July 23, 2020 Opinion or Order Filing 1299 TRANSCRIPT of Teleconference held on 8/2/18 before Judge Robert L. Miller, Jr. (22 pages.) Court Reporter/Transcriber: Debra Bonk (Telephone: (574)220-6474). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 8/13/2020. Release of Transcript Restriction set for 10/21/2020. (Howie-Walters, Laura) Released on 10/27/2020 (SWM).
July 23, 2020 Opinion or Order Filing 1298 NOTICE of FILING of OFFICIAL TRANSCRIPT of Teleconference held before Judge Robert L. Miller, Jr on 8/2/18 (Howie-Walters, Laura)(Bonk, Debra)
July 22, 2020 Opinion or Order Filing 1297 ORDER - granting #1292 Motion; granting #1293 Motion; The Court finds the motions well taken and GRANTS both motions. Arch Insurance Company and Arch Specialty Insurance Company's Motion for Summary Judgment on Counts 1-III and VI-VII (Dkt. 1228) and Upper Excess Carriers' Motion for Summary Judgment (Dkt. 1229) are set for oral argument on August 28, 2020 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. Due to the current Covid-19 coronavirus pandemic, parties shall confer and then file notice with the Court no later than August 7, 2020 stating whether they prefer the argument be held in person or by video conference. Signed by Judge Tanya Walton Pratt on 7/22/2020. (CKM)
July 22, 2020 Opinion or Order Filing 1296 MOTION to Withdraw Attorney Appearance , filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Clapper, Jared)
July 21, 2020 Opinion or Order Filing 1295 BRIEF/MEMORANDUM in Support re #1294 MOTION to Maintain Document Under Seal #1286 SEALED MOTION Lilly's Cross-Motion for Partial Summary Judgment on Arch's Duty to Pay (1) "Claim Expenses" and (2) Costs, #1288 SEALED Document (Case Participants - doc) Lilly's Brief in Support of Cross-Motion for Partial Summary Judgment and in Opposition to Arch's Motion for Summary Judgment on Counts I-III and VI-VII, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
July 21, 2020 Opinion or Order Filing 1294 MOTION to Maintain Document Under Seal #1286 SEALED MOTION Lilly's Cross-Motion for Partial Summary Judgment on Arch's Duty to Pay (1) "Claim Expenses" and (2) Costs, #1288 SEALED Document (Case Participants - doc) Lilly's Sealed Brief in Support of Cross-Motion for Partial Summary Judgment and in Opposition to Arch's Motion for Summary Judgment on Counts I-III and VI-VII, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
July 21, 2020 Opinion or Order Filing 1293 MOTION Lilly's Motion for Oral Argument on Lilly's Opposition to Arch's Motion for Summary Judgment on Counts I-III and VI-VII [Docs. 1228 and 1288], filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
July 21, 2020 Opinion or Order Filing 1292 MOTION For Oral Argument on Lilly's Opposition To The Upper Excess Insurers' Motion For Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Gotwald, Gregory)
July 21, 2020 Opinion or Order Filing 1291 BRIEF/MEMORANDUM in Support re #1290 MOTION MOTION to Seal Case MOTION to Maintain Document Under Seal #1284 SEALED Response to Motion Lilly's Brief in Opposition to The Upper Excess Insurers' Motion for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Gotwald, Gregory)
July 20, 2020 Opinion or Order Filing 1290 MOTION (), MOTION to Seal Case , MOTION to Maintain Document Under Seal #1284 SEALED Response to Motion Lilly's Brief in Opposition to The Upper Excess Insurers' Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Gotwald, Gregory)
July 20, 2020 Opinion or Order Filing 1289 REDACTION to #1288 SEALED Document (Case Participants - doc) Lilly's Brief in Support of Cross-Motion for Partial Summary Judgment and in Opposition to Arch's Motion for Summary Judgment on Counts I-III and VI-VII by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
July 20, 2020 Opinion or Order Filing 1288 ***ORDERED MAINTAINED UNDER SEAL PER #1348 ***SEALED Lilly's Brief in Support of Cross-Motion for Partial Summary Judgment and in Opposition to Arch's Motion for Summary Judgment on Counts I-III and VI-VII, re #1286 SEALED Motion (Case Participants - doc), #1228 Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan) Modified on 9/10/2020 (MAC).
July 20, 2020 Opinion or Order Filing 1287 REDACTION to #1286 SEALED MOTION Lilly's Cross-Motion for Partial Summary Judgment on Arch's Duty to Pay (1) "Claim Expenses" and (2) Costs by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
July 20, 2020 Opinion or Order Filing 1286 ***ORDERED MAINTAINED UNDER SEAL PER #1348 *** SEALED MOTION Lilly's Cross-Motion for Partial Summary Judgment on Arch's Duty to Pay (1) "Claim Expenses" and (2) Costs, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan) Modified on 9/10/2020 (MAC).
July 20, 2020 Opinion or Order Filing 1285 RESPONSE in Opposition re #1229 SEALED MOTION for Summary Judgment(Previously Filed at Doc. 1149) (Filed under Seal Per Order Doc. 1153) Refiled per Court's Order at 1227 Lilly's Redacted Brief in Opposition to Upper Excess Insurer's Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Gotwald, Gregory)
July 20, 2020 Opinion or Order Filing 1284 ***ORDERED MAINTAINED UNDER SEAL PER #1350 ***SEALED RESPONSE re #1229 SEALED MOTION for Summary Judgment(Previously Filed at Doc. 1149) (Filed under Seal Per Order Doc. 1153) Refiled per Court's Order at 1227 Lilly's Brief in Opposition to Upper Excess Insurer's Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Gotwald, Gregory) Modified on 9/10/2020 (MAC).
July 20, 2020 Opinion or Order Filing 1283 *** WITHDRAWN PER DKT. NUMBER #1306 *** BRIEF/MEMORANDUM in Support re #1282 MOTION to Maintain Document Under Seal #1279 SEALED Document (Case Participants - doc), #1280 SEALED Document (Case Participants - doc), #1281 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John) Modified on 7/29/2020 (SWM).
July 20, 2020 Opinion or Order Filing 1282 *** WITHDRAWN PER DKT. NUMBER #1306 *** MOTION to Maintain Document Under Seal #1279 SEALED Document (Case Participants - doc), #1280 SEALED Document (Case Participants - doc), #1281 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John) Modified on 7/29/2020 (SWM).
July 20, 2020 Opinion or Order Filing 1281 SEALED Evidentiary Appendix in Opposition to #1229 Upper Excess Carriers' Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John) Modified on 7/30/2020 - added link to #1229 (NAD).
July 20, 2020 Opinion or Order Filing 1280 SEALED Part 2 of Evidentiary Designations in Opposition to #1229 Upper Exces Carriers' Motion for Summary Judgment, re #1279 SEALED Document (Case Participants - doc), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 116 - Excerpts of depositon of Marty Newlin, #2 Exhibit 117 - Newlin Dep. Ex. 3 - 2004 RSUI policy to Lilly, #3 Exhibit 118 - Newlin Dep. Ex. 18 - 2004 RSUI upper level policy to Lilly, #4 Exhibit 119 - Newlin Dep. ex. 34 - December 2003 emails with Ross and Newlin, #5 Exhibit 120 - Newlin Dep. Ex. 67 - 1/6/05 reinsurance communication, #6 Exhibit 121 - Newlin Dep. Ex. 72 - RSUI 2005 Rating Sheet, #7 Exhibit 122- Newlin Ex. 90 - March 2009 emails with Ross and Newlin, #8 Exhibit 123 - Excerpts of Depo of Patrick White, #9 Exhibit 124 - White Dep. Ex. 98 - 11/23/10 email from Rovelly to White, #10 Exhibit 125 - White Dep. Ex. 104 - RSUI RAting Sheet for 2011, #11 Exhibit 126 - Excerpts of Depo of Warren Prewett, #12 Exhibit 127 - Prewett Dep. Ex. 2, 2009 Endurance policy, #13 Exhibit 128 - Prewett Dep. Ex. 3 - 2010 Endurance policy, #14 Exhibit 129 - Prewett Dep. Ex. 4 - 2011 Endurance policy, #15 Exhibit 130 - Prewett Dep. Ex. 8 - Lilly 2009 renewal submission, #16 Exhibit 131 - Prewett Dep. Ex. 14 - 2009 Endurance indication to Lilly, #17 Exhibit 132 - Prewett Dep. Ex. 17 - 2009 Endurance binder to Lilly, #18 Exhibit 133 - Prewett Dep. Ex. 18 - Endurance 2009 Casualty Risk Summary, #19 Exhibit 134 - Prewett Dep. Ex. 19 - Endurance 2009 Premium and Exposure Comparison, #20 Exhibit 135 - Prewett Dep. Ex. 20 - Endurance 2009 Casualty Rating Worksheet, #21 Exhibit 136 - Prewett Dep. Ex. 24 - 3/6/09 emails with Ross and Prewett, #22 Exhibit 137 - Prewett Dep. Ex. 29 - 11/23/09 emails with Ross, Prewett, and Dunn, #23 Exhibit 138 - Excerpts of Deposition of Francine Minervini, #24 Exhibit 139 - Minervini Dep. Ex. 6 - 10/7/03 letter from Stefanou To Gotwald, #25 Exhibit 140 - Second Declaration of John Costigan, #26 Exhibit 141 - Declaration of John Fischer, #27 Exhibit 142 - Fischer Ex. 1 - 1/2/03 letter from Ross to Borgerswen, #28 Exhibit 143 - Fischer Ex. 2 - 2008 Arch binde3r, #29 Exhibit 144 - Fischer Ex. 3 - 2009 Arch quote, #30 Exhibit 145 - Fischer Ex. 4 - 2009 Arch binder, #31 Exhibit 146 - Fischer Ex. 5 - 4/15/13 letter from Gotwald to Arch, #32 Exhibit 147 - Fischer Ex. 6 - portion of Lilly 2004 submission to XL, #33 Exhibit 148 - Fischer Ex. 7 - antoher portion of Lilly 2004 submission to XL, #34 Exhibit 149 - Fischer Ex. 8 - portion of Lilly 2002 Form 10K in XL file, #35 Exhibit 150 - Fischer Ex. 9 - 2004 XL Underwriting worksheet, #36 Exhibit 151 - Fischer Ex. 10- 2004 XL Historcal Exposure & Loss Analysis, #37 Exhibit 152 - Fischer Ex. 11 - 1/8/04 email between Gibson and Ross, #38 Exhibit 153 - Fischer Ex. 12 - ARch 2004 binder, #39 Exhibit 154 - Fischer Ex. 13 - 2004 Arch policy in XL file, #40 Exhibit 155 - Fischer Ex. 14 - 2004 XL pollicy, #41 Exhibit 156 - Fischer Ex. 15 - 2007 Lilly submission to XL, #42 Exhibit 157 - Fischer Ex. 16 - 2007 XL Umbrella Pricing Tool, #43 Exhibit 158 - Fischer Ex. 17 - 2008 XL UMbrella Pricing Tool, #44 Exhibit 159 - Fischer Ex. 18 - 2004 XL screen print, #45 Exhibit 160 - Fischer Ex. 19 - 2007 XL screen print, #46 Exhibit 161 - Fischer Ex. 20 - 2008 XL screen print, #47 Exhibit 162 - Fischer Ex. 21 - portion of Lilly 2002 Annual Report in XL file, #48 Exhibit 163 - Fischer Ex. 22 - notes on 11/27/06 email string at XL, #49 Exhibit 164 - Fischer Ex. 23 - 12/5/07 emails with Pardo and Amodeo, #50 Exhibit 165 - Fischer Ex. 24 - Lilly website printouts in XL file, #51 Exhibit 166 - Fischer Ex. 25 - 4/15/13 letter from Gotwald to XL, #52 Exhibit 167 - Fischer Ex. 26 - 2012 E3ndurance policy, #53 Exhibit 168 - Fischer Ex. 27 - 2013 Endurance policy, #54 Exhibit 169 - Fischer Ex. 28 - 2014 Endurance policy, #55 Exhibit 170 - Fischer Ex. 29 - 2010 Endurance Casualty Risk Summary, #56 Exhibit 171 - Fischewr Ex. 30 - 2010 Endurance Premium and Exposure Comparion, #57 Exhibit 172 - Fischer Ex. 31 - 2010 Endurance Casualty Rating Woprksheet, #58 Exhibit 173 - Fischer Ex. 32 - 2011 Endurance Casualty Risk Summary, #59 Exhibit 174 - Fischer Ex. 33 - 2011 Endurance Premium and Exposure Comparison, #60 Exhibit 175 - Fischer Ex. 34 - 2012 Endurance Underwriting Worksheet, #61 Exhibit 176 - Fischer Ex. 35 - 2013 Endurance Underwriting Worksheet, #62 Exhibit 177 - Fischer Ex. 36 - Lilly website material in 2011 Endurance file, #63 Exhibit 178 - Fischr Ex. 37 - Lilly website material found in 2012 Endurance file, #64 Exhibit 179 - Fischer Ex. 38 - 2012 cover email from Rovelli to Endurance with 2013 underwriting submission, #65 Exhibit 180 - Fischer Ex. 39- 2013 Lilly submission to Endurance, #66 Exhibit 181 - Fischer Ex. 40 - 12/5/13 cover email from Rovelli to Autera, #67 Exhibit 182 - Fischer Ex. 41 - 2014 insurance submission to Endurance, #68 Exhibit 183 - Fischr Ex. 42 - Endurance 2014 Underwriting Worksheet, #69 Exhibit 184 - Fischer Ex. 43 - 2014 Endurance quote, #70 Exhibit 185 - Fischer Ex. 44 - 2014 Endurance binder, #71 Exhibit 186 - Fischer Ex. 45 - 4/15/13 letter from Gotwald to Endurance, #72 Exhibit 187 - Fischer Ex. 46 - 11/21/08 email with Ross and Anzore and handwritten notes, #73 Exhibit 188 - Fischer Ex. 47 - Lilly website printoff in Westchester file, #74 Exhibit 189 - Fischer Ex. 48 - 12/2/08 emails with Anzore and Andrighetto, #75 Exhibit 190- Fischer Ex. 49 - 3/6/09 email with Anzore and Ross, #76 Exhibit 191 - Fischer Ex. 50 - 12/15/10 email with Anzore and Wilson, #77 Exhibit 192 - Fischr Ex. 51 - 12/16/10 emails with Anzore and Andrighetto, #78 Exhibit 193 - Fischer Ex. 52 - 2009 Westchester Account Summary, #79 Exhibit 194 - Fischer Ex. 53 - 2011 Westchester Account Summary, #80 Exhibit 195 - Fischer Ex. 54 - 2012 Westchester Account Summary, #81 Exhibit 196 - Fischr Ex. 55 - 4/16/13 letter from Gotwald to Westchester, #82 Exhibit 197 - Fischer Ex. 56 - 11/15/06 email from Ross to Acton, #83 Exhibit 198 - Fischer Ex. 57 - LIU Excess Casualty Account Summary fo r2009, #84 Exhibit 199 - Fischr ex. 58 - 4/15/13 letter from Gotwald to LIU, #85 Exhibit 200 - Fischer Ex. 59 - 2007 submission to RSUI, #86 Exhibit 201 - Fischer Ex. 60 - 11/26/12 cover email from Rovelli to White, #87 Exhibit 202 - Fischer Ex. 61 - 2013 Lilly submission to RSUI, #88 Exhibit 203 - Fischer Ex. 62 - RSUI Rating Sheet for 2013, #89 Exhibit 204 - Fischer Ex. 63 - 12/5/13 email from Rovelli to White, #90 Exhibit 205 - Fischer Ex. 64 - 2014 Lilly submission to RSUI, #91 Exhibit 206 - Fischer Ex. 65 - 12/27/13 email from Rovelli to White, #92 Exhibit 207 - Fischer Ex. 66 - RSUI 2014 Rating Sheet, #93 Exhibit 208 - Fischer Ex. 67 - RSUI 2014 quote, #94 Exhibit 209 - Fischer Ex. 68 - 2014 RSUI binder, #95 Exhibit 210 - fischer Ex. 69 - 2014 RSUIO policy, #96 Exhibit 211 - Fischer Ex. 70 - 4/15/13 letter from Gotwald to RSUI, #97 Exhibit 212 - Fischer Ex. 71 - LIU AMended Response to Lilly RFAs, #98 Exhibit 213 - Fischer Ex. 72 - Endurance Supplemental respone to Lilly RFAs, #99 Exhibit 214 - Fischer Ex. 73 - XL Supplemental response to Lilly RFA, #100 Exhibit 215 - Fischer Ex. 74 - Westchester REsponse to RFAs, #101 Exhibit 216 - Fischer Ex. 75 - RSUI REsponses to RFAs, #102 Exhibit 217 - Fischer Ex. 76 - Lilly RFAs on RSUI, #103 Exhibit 218 - Fischer Ex. 77 - XL REsponse to Lilly RFAs, #104 Exhibit 219 - Fischer Ex. 78 - RSUI Amended Answers to FRAs, #105 Exhibit 220 Fischer Ex. 79 - LIU respones to RFAs, #106 Exhibit 221 - Fischer Ex. 80 - Endurance Answers to RFAs, #107 Exhibit 222 - Fischer Ex. 81-ARch responses to RFA, #108 Exhibit 223 - Fischer Ex. 82 - English translaction of PCA to RSUI, #109 Exhibit 224 - Fiwcher Ex. 83 - English PCA to LIU, #110 Exhibit 225 - Fischer Ex. 84 - English translation of PCA to XL, #111 Exhibit 226 - Fischer Ex. 85 - English translation of PCA to Endurance, #112 Exhibit 227 - Fischer Ex. 86 - English Translation of PCA to Westchester, #113 Exhibit 228 - Fischer Ex. 87 - RSUI claim notes, #114 Exhibit 229 - Fischer Ex. 88 - 12/9/13 internal LIU email, #115 Exhibit 230 - Fischer Ex. 89 - April 2013 XL and JLT communications, #116 Exhibit 231 - Fischer Ex. 90 - 8/28/2013 emails between XL and Endurance, #117 Exhibit 232 - Fischer 91 - Endurance claim notes, #118 Exhibit 233 - Fischer 92 - Westchester claim notes, #119 Exhibit 234 - Fischer 93 - XL claim notes)(Fischer, John) Modified on 7/30/2020 - added link to #1229 (NAD).
July 20, 2020 Opinion or Order Filing 1279 *** SEE DKT. NUMBER #1371 FOR DOCUMENTS TO UNSEAL AND DOCUMENTS TO REMAIN SEALED *** SEALED Part 1 of Designation of Evidence Opposing the #1229 Upper Excess Carriers' Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1- Excerpts of Deposition Transcript of Daniel Guingrich, #2 Exhibit 2 - Ex. 1 to Guingrich Dep. - 193 Summary of Insurance Coverage, #3 Exhibit Guingrich Dep. Ex. 2 - 1994 Summary of Coverage, #4 Exhibit 4 - Guingrich Dep. Ex. 3 - 1998 Summary of Coverage, #5 Exhibit 5 - Guingrich Dep. Ex. 4 - 1999 Summary of Coverage, #6 Exhibit 6 - Guingrich Dep. Ex. 5 - 2001 Summary of Coverage, #7 Exhibit 7 - Guingrich Dep. Ex. 6 - August 2002 email from McBride to Guingrich, #8 Exhibit 8 - Excerpts from Vol. I of Mark Saltsgaver Deposition, #9 Exhibit 9 - Excerpts from Vol. II of Mark Saltsgaver Deposition, #10 Exhibit 10 - Saltsgaver Vol II Dep. Ex. 33 - insurance claims spreadsheet, #11 Exhibit 11- Excertps from Transcript of Mark Saltsgaver Depo Vol. III, #12 Exhibit 12 - Saltsgaver Vol. III Dep. Ex. 53 - JLT Global Insurance Review for Lilly, #13 Exhibit 13 - Saltsgaver Vol. III Dep. Ex. 54 - 2013 JLT Global Insurance Review for Lilly, #14 Exhibit 14 - Excerpts from 2019 Deposition Transcript of Al Borgersen, #15 Exhibit 15 - 2019 Borgersen Dep. Ex. 45 - 12/12/02 fax from Borgersen to Tri-City, #16 Exhibit 16 - 2019 Borgersen Dep. Ex. 48 - 12/19/02 email chain involving John Touchstone, Les Ross, and Al Borgersen, #17 Exhibit 17 - 2019 Borgersen Dep. Ex. 54 - 12/30/02 fax from Borgersen to Ross, #18 Exhibit 18 - 2019 Borgersen Dep. Ex. 55 - 12/30/02 fax from Borgersen to Dick Drain, #19 Exhibit 19 - 2019 Borgersen Dep. Ex. 56 - 12/31/02 email from Drain to Borgersen, #20 Exhibit 20 - 2019 Borgersen Dep. ex. 58 - 12/31/02 letter from Touchstone to Ross, #21 Exhibit 21 - 2019 Borgersen Dep. Ex. 59 - Arch 2002 policy issued to Schering Plough, #22 Exhibit 22 - 2019 Borgersen Dep. Ex. 60 - 2002 Lumbermens policy to Schering Plough, #23 Exhibit 23 - 2019 Borgersen Dep. Ex. 66 - 11/25/03 letter from Ian Pettman to Borgersen, #24 Exhibit 24 - 2019 Borgersen Dep. Ex. 68 - 12/2/03 memo from Borgersen to Ross, #25 Exhibit 25 - 2019 Borgersen Dep. Ex. 73 - 11/10/04 email from Borgersen to Ross, #26 Exhibit 26 - 2019 Borgersen Dep. Ex. 74 - 11/2/04 email from Borgersen to Pettman and Ross, #27 Exhibit 27 - 2019 Borgersen Dep. Ex. 76 - 12/8/04 memo from Borgersen to Ross, #28 Exhibit 28 - 2019 Borgersen Dep. Ex. 77 - 12/28/04 email chain with Borgersen, Ross, and Pettman, #29 Exhibit 29 - 2019 Borgersen Dep. Ex. 78 - Endorsement to Arch 2003 policy to Schering Plough, #30 Exhibit 30 - 2019 Borgersen Dep. Ex. 79 - 2/11/05 email chain among Borgersen, Ross and Pettman, #31 Exhibit 31 - 2019 Borgersen Dep. Ex. 80 - 3/28/05 letter from Ross to Pettman, #32 Exhibit 32 - 2019 Borgersen Dep. Ex. 81- Endorsement 14 to 2003 Arch policy to Lilly, #33 Exhibit 33 - 2019 Borgersen Dep. Ex. 86 - 11/18/08 email from Pettman to Ross and Borgersen, #34 Exhibit 34 - 2019 Borgersen Dep. Ex. 88 - 1/22/09 email chain among Borgersen, Ross, and Pettman, #35 Exhibit 35 - 2019 Borgersen Dep. Ex. 90 - 2/18/09 email chain among Borgersen, Pettlman, Ross, #36 Exhibit 36 - 2019 Borgersen Dep. Ex. 92 - 11/20/09 email from Petman to Ross and Borgersen, #37 Exhibit 37 - 2019 Borgersen Dep. Ex. 97 - 12/1/11 email chain among Pettman, Borgersen, and others, #38 Exhibit 38 - 2019 Borgersen Dep. Ex. 98 - Eli Lilly 2012 insurance renewal submission to Arch, #39 Exhibit 39 - 2019 Borgesen Dep. Ex. 99 - 11/5/12 email from Pettman to Borgersen and others, #40 Exhibit 40 - 2019 Borgersen Dep. Ex. 100 - Eli Lilly 2013 insurance renewal submission, #41 Exhibit 41 - 2019 Borgersen Dep. Ex. 108 - 6/8/14 email from Borgersen to Paul Rovelli and others, #42 Exhibit 42 - 2019 Borgersen Dep. Ex. 109 - 2003 Arch policy issued to Schering Plough, #43 Exhibit 43 - 2019 Borgersen Dep. Ex. 110 - 2003 Old Republic Policy issued to Schering Plough, #44 Exhibit 44 - Excerpts of 2017 Deposition of Al Borgersen, #45 Exhibit 45 - 2017 Borgersen Dep. Ex. 4 - 12/12/02 fax from Borgersen to Ross, #46 Exhibit 46 - 2017 Borgersen Dep. Ex. 29 - 11/20/05 email from Pettman to Borgersen, #47 Exhibit 47 - Excerpts from Deposition of Les Ross, #48 Exhibit 48 - Ross Dep. Ex. 1 - 12/12/02 email from Ross to Touchstone, #49 Exhibit 49 - Ross Dep. Ex. 3 - 12/17/02 email from Ross to Touchstone, #50 Exhibit 50 - Ross Dep. Ex. 4 - 12/18/02 email string with Ross, Touchstone, and Borgersen, #51 Exhibit 51 - Ross Dep. Ex. 9 - 12/20/02 email from Ross to Touchstone, #52 Exhibit 52 - Ross Dep. Ex. 10 - 12/21/02 email from Touchstone to Ross, #53 Exhibit 53 - Ross Dep. Ex. 12 - 12/26/02 and 12/27/02 email string with Touchstone, Ross, and Borgersen, #54 Exhibit 54 - Ross Dep. Ex. 13 - December 2002 email string with Borgersen, Ross, and Touchstone, #55 Exhibit 55 - Ross Dep. Ex. 15 - 12/31/02 email string with Borgersen, Ross, Touchstone, #56 Exhibit 56 - Ross Dep. Ex. 16 - 12/31/02 fax from Ross to Touchstone, #57 Exhibit 57 - Ross Dep. Ex. 17 - 12/31/02 email string with Ross and Touchstone, #58 Exhibit 58 - Ross Dep. Ex. 20 - 11/21/03 email from Ross to Marty Newlin, #59 Exhibit 59 - Ross Dep. Ex. 21 - Late 2003 email string between Ross and Loran Acton, and Borgersen, #60 Exhibit 60 - Ross Dep. Ex. 22 - 11/21/03 email string with Ross and Touchstone, #61 Exhibit 61 - Ross Dep. Ex. 23 - 12/1/03 memo from Borgersen to Ross, #62 Exhibit 62 - Ross Dep. Ex. 24 - 12/2/03 memo from Borgersen To Ross, #63 Exhibit 63 - Ross Dep. Ex. 32 - 1/30/04 letter from Ross to Pettman, #64 Exhibit 64 - Ross Dep. Ex. 40 - 11/30/04 letter from Ross to Pettman, #65 Exhibit 65 - Ross Dep. Ex. 45 - December 2004 email string with Ross, Touchstone, and Borgersen, #66 Exhibit 66 - Ross Dep. Ex. 46 - 2/11/05 emails with Borgersen, Ross and Touchstone, #67 Exhibit 67 - Ross Dep. Ex. 47 - 3/28/05 letter from Ross to Pettman, #68 Exhibit 68 - Ross Dep. Ex. 51 - late 2008 early 2009 emails with Ross, Borgersen, Pettman, and Touchstone, #69 Exhibit 69 - Ross Dep. Ex. 55 - 2/25/09 email from Touchstone to Ross, #70 Exhibit 70 - Ross Dep. Ex. 56 - 2/25/09 email string with Ross, Pettman, Borgersen, and Touchstone, #71 Exhibit 71 - Ross Dep. Ex. 57 - 2/28/09 email from Ross to Newlin, #72 Exhibit 72 - Ross Dep. Ex. 58 - March 2009 emails with Ross and Diane Anzore, #73 Exhibit 73 - Excerpts from the Depositon of Jason Conkin (Arch 30(b)(6), #74 Exhibit 74 - Conkin Dep. Ex. 5 - 12/15/03 emails with Touchstone, John Schumacher and John Edack, #75 Exhibit 75 - Conkin Dep. Ex. 29 - 11/24/09 Arch Risk Analysis Worksheet for Lilly 2010 policy, #76 Exhibit 76 - Excerpts of Deposition of John Touchstone, #77 Exhibit 77 - Touchstone Dep. Ex. 1 - 12/12/02 email from Ross to Touchstone, #78 Exhibit 78 - Excerpts of Deposition of Elaine Trischetta, #79 Exhibit 79 - Trischetta Dep. Ex. 4 - 6/19/02 email from Trischetta to Schumacher, #80 Exhibit 80 - TRischetta Dep. Ex. 7 - 12/10/03 Arch Risk Analysis Worksheet for 2004 Lilly policy, #81 Exhibit 81 - Trischetta Dep. Ex. 9 - 2005 Risk Analysis Worksheet, #82 Exhibit 82 - Trischetta Depl. Ex. 10 - 2006 Risk Analysis Worksheet, #83 Exhibit 83 - Trischetta Dep. Ex. 11 - 12/1/05 email from Touchstone to Trischetta, #84 Exhibit 84 - Trischetta Dep. Ex. 17 - November 2006 emails with Trischetta and Touchstone, #85 Exhibit 85 - Trishcetta Dep. Ex. 19 - 2007 Risk Analysis Worksheet, #86 Exhibit 86 - Trischetta Dep. Ex. 20 - 2008 Risk Analysis Worksheet, #87 Exhibit 87 - Trischetta Dep. Ex. 21 - 11/30/10 emails with Eilieen Logan, Touchstone, and Trischetta, #88 Exhibit 88 - Excerpts from Deposition of Eileen Logan, #89 Exhibit 89 - Logan Dep. Ex. 1 - 11/23/10 email frm Paul Rovelli to Logan, #90 Exhibit 90 - Logan Dep. Ex. 4 - 10/13/11 emails between Logan and Touchstone, #91 Exhibit 91 - Logan Dep. Ex. 5 - 10/18/11 emails between Logan and Touchstone, #92 Exhibit 92 - Logan Dep. Ex. 10 - 12/6/11 email from Rovelli to Logan, #93 Exhibit 93 - Logan Dep. Ex. 11 - 2012 Risk Analysis Worksheet, #94 Exhibit 94 - Logan Dep. Ex. 14 - 11/26/12 email with Logan and Rovelli, #95 Exhibit 95 - Logan Dep. Ex. 15 - late 2012 emails with Logan and Aldorisio, #96 Exhibit 96 - Logan Dep. Ex. 17 - 2013 Risk Analysis Worksheet, #97 Exhibit 97 - Logan Dep. Ex. 18 - December 2012 emails with Logan, Bonfa, and Aldorisio, #98 Exhibit 98 - Logan Dep. Ex. 23 - 12/20/13 emails with Rovelli and Logan, #99 Exhibit 99 - Logan Dep. Ex. 25 - 12/20/13 email with Logan, Bonfa, and Aldorisio, #100 Exhibit 100 - Logan Dep. Ex. 27 - December 2013 emails with Rovelli and Logan, #101 Exhibit 101 - Excerpts from Deposition of Anthony Bonfa, #102 Exhibit 102 - Bonfa Dep. Ex. 3 - December 2012 emails with Logan, Aldorisio, and Bonfa, #103 Exhibit 103 - Bonfa Dep. Ex. 18 - 12/20/13 emails with Logan, Bonfa, And Aldoriso, #104 Exhibit 104 - Deposition Transcript Excerpts of Loran Acton, #105 Exhibit 105- Acton Dep. Ex. 1 - 2004 LIU polciy to Lilly, #106 Exhibit 106 - Acton Dep. Ex. 13 - 11/21/03 email from Ross to Acton, #107 Exhibit 107 - Acton Dep. Ex. 14 - 12/2/03 memo fro Borgersen to Ross, #108 Exhibit 108 - Acton Dep. Ex. 18 - 2004 LIU Excess Casualty Accont Summary, #109 Exhibit 109 - Acton Dep. Ex. 21 - 1/15/04 LIU screen print, #110 Exhibit 110 - Acton Dep. Ex. 34 - 2005 LIU Excess Casualty Account Summary, #111 Exhibit 111 - Acton Dep. Ex. 41 - Lilly website info, #112 Exhibit 112 - Acton Dep. Ex. 44 - LIU 2008 Excess Casualty Account Summary, #113 Exhibit 113 - Acton Dep. Ex. 45 - March 2009 emails with Ross an dActon, #114 Exhibit 114 - Acton Dep. Ex. 47 - 2010 LIU Excess Casualty Account Summary, #115 Exhibit 115 - Acton Dep. Ex. 50 - 2011 LLIU Excess Casualty Account Summary)(Fischer, John) Modified on 7/30/2020 - added link to #1229 (NAD). Modified on 10/29/2020 (SWM).
July 20, 2020 Opinion or Order Filing 1278 *** WITHDRAWN PER DKT. NUMBER #1306 *** BRIEF/MEMORANDUM in Support re #1277 MOTION to Maintain Document Under Seal #1276 SEALED Document (Case Participants - doc) Lilly's Designation of Evidence for its Opposition to Arch's Motion for Summary Judgment on Counts I-III and VI-VII , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan) Modified on 7/29/2020 (SWM).
July 20, 2020 Opinion or Order Filing 1277 *** WITHDRAWN PER DKT. NUMBER #1306 *** MOTION to Maintain Document Under Seal #1276 SEALED Document (Case Participants - doc) Lilly's Designation of Evidence for its Opposition to Arch's Motion for Summary Judgment on Counts I-III and VI-VII, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan) Modified on 7/29/2020 (SWM).
July 19, 2020 Opinion or Order Filing 1276 ***ORDERED MAINTAINED UNDER SEAL PER #1349 ***SEALED Lilly's Designation of Evidence for its Opposition to #1228 Arch's Motion for Summary Judgment on Counts I-III and VI-VII, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - 7/23/2019 Borgersen Deposition Excerpts, #2 Exhibit 2 - Borgersen Dep. Ex. 66, #3 Exhibit 3 - Borgersen Dep. Ex. 73, #4 Exhibit 4 - Borgersen Dep. Ex. 74, #5 Exhibit 5 - Borgersen Dep. Ex. 77, #6 Exhibit 6 - Borgersen Dep. Ex. 79, #7 Exhibit 7 - Borgersen Dep. Ex. 80, #8 Exhibit 8 - Borgersen Dep. Ex. 81, #9 Exhibit 9 - Borgersen Dep. Ex. 102, #10 Exhibit 10 - 11/11/2015 Ross Deposition Excerpts, #11 Exhibit 11 - Ross Dep. Ex. 23, #12 Exhibit 12 - Ross Dep. Ex. 32, #13 Exhibit 13 - Ross Dep. Ex. 40, #14 Exhibit 14 - Ross Dep. Ex. 41, #15 Exhibit 15 - Ross Dep. Ex. 44, #16 Exhibit 16 - Ross Dep. Ex. 45, #17 Exhibit 17 - Ross Dep. Ex. 46, #18 Exhibit 18 - 3/23/2016 Touchstone Deposition Excerpts, #19 Exhibit 19 - 4/26/2018 Trischetta Deposition Excerpts, #20 Exhibit 20 - Trischetta Dep. Ex. 4, #21 Exhibit 21 - Trischetta Dep. Ex. 7, #22 Exhibit 22 - Trischetta Dep. Ex. 9, #23 Exhibit 23 - Trischetta Dep. Ex. 10, #24 Exhibit 24 - Trischetta Dep. Ex. 11, #25 Exhibit 25 - Trischetta Dep. Ex. 17, #26 Exhibit 26 - Trischetta Dep. Ex. 19, #27 Exhibit 27 - Trischetta Dep. Ex. 20, #28 Exhibit 28 - Trischetta Dep. Ex. 21, #29 Exhibit 29 - 6/5/2018 Bonfa Deposition Excerpts, #30 Exhibit 30 - Bonfa Dep. Ex. 2, #31 Exhibit 31 - Bonfa Dep. Ex. 3, #32 Exhibit 32 - Bonfa Dep. Ex. 18, #33 Exhibit 33 - 6/13/2018 Logan Deposition Excerpts, #34 Exhibit 34 - Logan Dep. Ex. 4, #35 Exhibit 35 - Logan Dep. Ex. 5, #36 Exhibit 36 - Logan Dep. Ex. 11, #37 Exhibit 37 - Logan Dep. Ex. 15, #38 Exhibit 38 - Logan Dep. Ex. 17, #39 Exhibit 39 - Logan Dep. Ex. 18, #40 Exhibit 40 - Logan Dep. Ex. 23, #41 Exhibit 41 - 3/16/2016 Conkin Deposition Excerpts, #42 Exhibit 42 - Conkin Dep. Ex. 29, #43 Exhibit 43 - 7/17/2020 Neuman Declaration, #44 Exhibit 44 - Neuman Decl. Attach. 1, #45 Exhibit 45 - Neuman Decl. Attach. 2, #46 Exhibit 46 - Neuman Decl. Attach. 3, #47 Exhibit 47 - Neuman Decl. Attach. 4, #48 Exhibit 48 - Neuman Decl. Attach. 5, #49 Exhibit 49 - 7/17/2020 Mallet Declaration, #50 Exhibit 50 - 1/10/2018 Guingrich Deposition Excerpts, #51 Exhibit 51 - 7/19/2020 Costigan Declaration, #52 Exhibit 52 - Leagre Declaration, #53 Exhibit 53 - Leagre Decl. Attach. 1, #54 Exhibit 54 - Leagre Decl. Attach. 2, #55 Exhibit 55 - Leagre Decl. Attach. 3, #56 Exhibit 56 - Leagre Decl. Attach. 4, #57 Exhibit 57 - Leagre Decl. Attach. 5, #58 Exhibit 58 - Leagre Decl. Attach. 6)(Leagre, Ryan) Modified on 7/30/2020 - added link to #1228 (NAD). Modified on 9/10/2020 (MAC).
July 17, 2020 Opinion or Order Filing 1275 ORDER ON PLAINTIFFS' #1272 MOTION TO EXCEED PAGE LIMITS FOR BRIEF IN OPPOSITION TO UPPER EXCESS INSURERS' MOTION FOR SUMMARY JUDGMENT - The Court recognizes the "high-stakes" involved in this case and understands that the Plaintiffs are responding to five insurance companies. However, the Plaintiffs are not responding to five different motions for summary judgment. They are responding to one motion from the Upper Excess Carriers. In order to provide the Plaintiffs with "an opportunity to fully and fairly respond," (Filing No. #1274 at 1), the Court grants in part and denies in part the Plaintiffs' Motion to Exceed Page Limits (Filing No. #1272 ). The Plaintiffs may file a response brief to the Upper Excess Carriers' Motion for Summary Judgment not to exceed 65 pages, which provides them with 105 pages (responding to Arch Insurance and the Upper Excess Carriers) as they had originally requested for a consolidated response brief. (See Order.) Signed by Judge Tanya Walton Pratt on 7/17/2020. (NAD)
July 17, 2020 Opinion or Order Filing 1274 REPLY in Support of Motion re #1272 MOTION for Leave to File Excess Pages for Brief in Opposition to Upper Excess Insurers' Motion for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
July 16, 2020 Opinion or Order Filing 1273 RESPONSE in Opposition re #1272 MOTION for Leave to File Excess Pages for Brief in Opposition to Upper Excess Insurers' Motion for Summary Judgment Upper Excess Carriers, filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Knippen, Michael)
July 15, 2020 Opinion or Order Filing 1272 MOTION for Leave to File Excess Pages for Brief in Opposition to Upper Excess Insurers' Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
July 15, 2020 Opinion or Order Filing 1271 ORDER - GRANTING LILLYS #1270 MOTION TO EXCEED PAGE LIMIT FOR BRIEF IN OPPOSITION TO ARCHS #1228 SUMMARY JUDGMENT MOTION. IT IS THEREFORE ORDERED that Lilly may file a 40-page brief in opposition to Arch's Motion for Summary Judgment. Signed by Judge Tanya Walton Pratt on 7/15/2020. (NAD)
July 15, 2020 Opinion or Order Filing 1270 MOTION for Leave to File Excess Pages for Brief in Opposition to Arch's #1228 Motion for Summary Judgment, filed by Plaintiff ELI LILLY AND COMPANY. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan) Modified on 7/15/2020 - added link to #1228 (NAD).
July 7, 2020 Opinion or Order Filing 1269 ORDER ON Plaintiffs' #1263 MOTION FOR CONSOLIDATED BRIEFING SCHEDULE FOR PENDING SUMMARY JUDGMENT MOTIONS - The Court DENIES the Plaintiffs' Motion for Consolidated Briefing Schedule for Pending Summary Judgment Motions (Filing No. #1263 ). The Court previously ordered that "Lilly shall have up to and including July 13, 2020, to file its response to the pending summary judgment motions [Doc Nos. 1228 and 1229]. Defendants must file any reply brief in support of the motions within twenty-one (21) days after Lilly's response is served." (Filing No. #1262 at 1.) In light of this Order and the fast approaching deadline to file response briefs, the Court extends the Plaintiffs' deadline to file response briefs by seven (7) days, up to and including July 20, 2020. Defendants must file any reply brief in support of the motions within twenty-one (21) days after the Plaintiffs' response is served. (See Order.) Signed by Judge Tanya Walton Pratt on 7/7/2020. (NAD)
June 30, 2020 Opinion or Order Filing 1268 REPLY in Support of Motion re #1263 MOTION for Consolidated Briefing Schedule for Pending Summary Judgment Motions as to the Upper Excess Insurers, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
June 26, 2020 Opinion or Order Filing 1267 RESPONSE in Opposition re #1263 MOTION for Consolidated Briefing Schedule for Pending Summary Judgment Motions , filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Knippen, Michael)
June 26, 2020 Opinion or Order Filing 1266 **PLEASE DISREGARD, FILED IN ERROR** RESPONSE in Opposition re #1263 MOTION for Consolidated Briefing Schedule for Pending Summary Judgment Motions , filed by Defendant RSUI INDEMNITY COMPANY. (Knippen, Michael) Modified on 6/29/2020 (JD).
June 25, 2020 Opinion or Order Filing 1265 REPLY in Support of Motion re #1263 MOTION for Consolidated Briefing Schedule for Pending Summary Judgment Motions , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
June 24, 2020 Opinion or Order Filing 1264 RESPONSE in Opposition re #1263 MOTION for Consolidated Briefing Schedule for Pending Summary Judgment Motions , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Gramke, Megan)
June 23, 2020 Opinion or Order Filing 1263 MOTION for Consolidated Briefing Schedule for Pending Summary Judgment Motions, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
June 18, 2020 Opinion or Order Filing 1262 ORDER - granting #1261 Motion for Extension of Time to File Response to 7/13/2020 re #1229 SEALED MOTION for Summary Judgment(Previously Filed at Doc. 1149) (Filed under Seal Per Order Doc. 1153) Refiled per Court's Order at 1227, #1228 MOTION for Summary Judgment on Counts I-III and VI-VII - Refiled per Court's Order at 1227 (Originally Filed at Doc. 1144). Signed by Judge Tanya Walton Pratt on 6/18/2020.(NAD)
June 17, 2020 Opinion or Order Filing 1261 Joint MOTION for Extension of Time to File Response to July 13, 2020 re #1229 SEALED MOTION for Summary Judgment(Previously Filed at Doc. 1149) (Filed under Seal Per Order Doc. 1153) Refiled per Court's Order at 1227, #1228 MOTION for Summary Judgment on Counts I-III and VI-VII - Refiled per Court's Order at 1227 (Originally Filed at Doc. 1144) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order on Motion for Extension of Time)(Detherage, Andrew)
May 28, 2020 Opinion or Order Filing 1260 ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING PLAINTIFFS' MOTION FOR RELIEF - For the reasons stated above, the Court OVERRULES the Plaintiffs' Objections (Filing No. #1248 ), ADOPTS the Magistrate Judge's Report and Recommendation (Filing No. #1243 ), and DENIES the Plaintiffs' Motion for Relief Pursuant to Rule 56(d) (Filing No. #1230 ). The Plaintiffs are ordered to file their response, if any, to the pending summary judgment motions (Filing No. #1228 and Filing No. #1229 ) within thirty (30) days of the date of this Order. The Defendants may file a reply within fourteen (14) days after the Plaintiffs' response is served. (See Order.) Signed by Judge Tanya Walton Pratt on 5/28/2020.(NAD)
March 23, 2020 Opinion or Order Filing 1259 ENTRY ON NON-DISPOSITIVE MOTIONS - In summary, Lilly's Motion for Oral Argument (Filing No. #1249 ) is denied, Arch's Motion for Leave to Respond to Lilly's Objections (Filing No. #1250 ) is granted, and Lilly's Motion for Leave to Reply concerning Objections (Filing No. #1253 ) is granted. (See ENTRY.) Signed by Judge Tanya Walton Pratt on 3/23/2020. (NAD)
March 12, 2020 Opinion or Order Filing 1258 ORDER - granting #1257 Motion to Withdraw Attorney Appearance. Attorney Andrea Savannah Warren withdrawn. Signed by Judge Tanya Walton Pratt on 3/12/2020. (NAD)
March 11, 2020 Opinion or Order Filing 1257 MOTION to Withdraw Attorney Appearance Andrea Warren, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Warren, Andrea)
September 18, 2019 Opinion or Order Filing 1256 REDACTED Version of previously filed #1027 TRANSCRIPT of Teleconference held on 2/28/18 before Judge Robert L. Miller, Jr. (29 pages.) Court Reporter/Transcriber: Debra Bonk (Telephone: 547-246-8039). (Bonk Debra)(Howie-Walters, Laura)
August 21, 2019 Opinion or Order Filing 1255 ORDER - granting #1254 Motion to Withdraw Attorney Appearance. Attorney Michael Thompson withdrawn as counsel in this matter for Liberty Insurance Underwriters Inc. Signed by Judge Tanya Walton Pratt on 8/21/2019. (NAD)
August 20, 2019 Opinion or Order Filing 1254 MOTION to Withdraw Attorney Appearance of Michael Thompson, filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Attachments: #1 Text of Proposed Order)(Thompson, Michael)
July 24, 2019 Opinion or Order Filing 1253 MOTION for Leave to File Reply in Support of Objections to Report and Recommendation on Rule 56(d) Motion, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Proposed Reply, #2 Text of Proposed Order)(Leagre, Ryan)
July 24, 2019 Opinion or Order Filing 1252 REPLY in Support of Motion re #1249 MOTION for Oral Argument on Lilly's Rule 56(d) Motion and on Its Objections to the Magistrate Judge's Report and Recommendation on Its Rule 56(d) Motion , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
July 17, 2019 Opinion or Order Filing 1251 RESPONSE in Opposition re #1249 MOTION for Oral Argument on Lilly's Rule 56(d) Motion and on Its Objections to the Magistrate Judge's Report and Recommendation on Its Rule 56(d) Motion , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Gramke, Megan)
July 17, 2019 Opinion or Order Filing 1250 MOTION for Leave to File Response to Plaintiffs' Objections to Report and Recommendation on Rule 56(d) Motion INSTANTER, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Response to Plaintiffs' Objections to Report and Recommendation on Rule 56(d) Motion, #2 Text of Proposed Order)(Gramke, Megan)
July 16, 2019 Opinion or Order Filing 1249 MOTION for Oral Argument on Lilly's Rule 56(d) Motion and on Its Objections to the Magistrate Judge's Report and Recommendation on Its Rule 56(d) Motion, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
July 16, 2019 Opinion or Order Filing 1248 Submission of Objections to Magistrate Judge's #1243 Report and Recommendation on Lilly's Rule 56(d) Motion, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John) Modified on 7/17/2019 Added link to #1243 (NAD).
July 10, 2019 Opinion or Order Filing 1247 ORDER denying #1240 Defendants' Motion for Protective Order. **SEE ORDER FOR DETAILS**. Signed by Magistrate Judge Tim A. Baker on 7/10/2019. (MGG)
July 9, 2019 Opinion or Order Filing 1246 REPLY in Support of Motion re #1240 MOTION for Protective Order Regarding Plaintiffs' Notice of Intent to Serve Non-Party Subpoena to Merck & Company , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Borgersen Deposition Excerpt, #2 Exhibit 2 - Hughes Deposition Excerpt)(Gramke, Megan)
July 3, 2019 Opinion or Order Filing 1245 NOTICE of FILING of REDACTED Version of previously filed #1223 OFFICIAL TRANSCRIPT of Status Conference held before Judge Tanya Walton Pratt on 04/30/2019 (Moxley, David)
July 3, 2019 Opinion or Order Filing 1244 REDACTED Version of previously filed #1223 TRANSCRIPT of Status Conference held on 04/30/2019 before Judge Tanya Walton Pratt. (38 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 416-1749). (Moxley, David) Released on 8/26/2019 (SWM).
July 2, 2019 Opinion or Order Filing 1243 REPORT AND RECOMMENDATIONS re #1230 MOTION for Discovery and Rule 56(d) Relief (previously filed at Doc. 1165) filed by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. Signed by Magistrate Judge Tim A. Baker on 7/2/2019.(SWM)
July 2, 2019 Opinion or Order Filing 1242 RESPONSE in Opposition re #1240 MOTION for Protective Order Regarding Plaintiffs' Notice of Intent to Serve Non-Party Subpoena to Merck & Company , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Affidavit of Simon Harper, #2 Exhibit 2 - Excerpts from Affidavit of Allan Borgersen, #3 Exhibit 3 - Excerpts from Discovery Deposition of Allan Borgersen, #4 Exhibit 4 - December 30, 2002 email exchange between Allan Borgersen and Dick Drain, #5 Exhibit 5 - December 30, 2002 fax from Allan Borgersen to Les Ross and John Touchstone with attachment, #6 Exhibit 6 - November 10-12, 2004 email exchanges between Allan Borgersen and Les Ross, #7 Exhibit 7 - December 20-28, 2004 email exchanges between Allan Borgersen and Les Ross, #8 Exhibit 8 - June 26-28, 2019 email exchange between Lilly counsel and Arch counsel)(Fischer, John)
June 28, 2019 Opinion or Order Filing 1241 BRIEF/MEMORANDUM in Support re #1240 MOTION for Protective Order Regarding Plaintiffs' Notice of Intent to Serve Non-Party Subpoena to Merck & Company , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Notice and Merck Subpoena, #2 Exhibit 2 - Objections, #3 Exhibit 3 - Email from Westchester's Counsel, #4 Exhibit 4 - Email from Arch's Counsel)(Gramke, Megan)
June 28, 2019 Opinion or Order Filing 1240 MOTION for Protective Order Regarding Plaintiffs' Notice of Intent to Serve Non-Party Subpoena to Merck & Company, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Gramke, Megan)
June 26, 2019 Opinion or Order Filing 1239 ORDER - granting #1238 Motion to Withdraw Attorney Appearance. Attorney Elizabeth C. Brandon withdrawn. Signed by Judge Tanya Walton Pratt on 6/26/2019. (NAD)
June 25, 2019 Opinion or Order Filing 1238 MOTION to Withdraw Attorney Appearance of Elizabeth C. Brandon, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
June 19, 2019 Opinion or Order Filing 1237 ORDER - granting Lilly's #1236 Motion to Redact #1223 Transcript. Plaintiffs Eli Lilly and Company and Eli Lilly do Brasil, Ltd. moved the Court to redact portions of the transcript from the April 30, 2019 hearing (Doc. #1223 ). The Court finds that the motion is for good cause. Signed by Judge Tanya Walton Pratt on 6/19/2019. (NAD)
June 18, 2019 Opinion or Order Filing 1236 MOTION to Redact #1223 Transcript , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
June 17, 2019 Opinion or Order Filing 1235 ORDER REFERRING MOTION: #1230 MOTION for Discovery and Rule 56(d) Relief (previously filed at Doc. 1165) filed by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. Signed by Judge Tanya Walton Pratt on 6/17/2019. Motions referred to Tim A. Baker.(NAD)
June 14, 2019 Opinion or Order Filing 1234 SEALED Submission of Sealed Documents (sealed pursuant to Court Orders 1172 and 1188), re #1233 Reply in Support of Motion, #1230 Motion for Discovery, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Brief Supporting Rule 56(d) Motion (previously filed as Doc. 1167), #2 Affidavit of Andrew Detherage (previously filed as Doc. 1166), #3 Exhibit D(2) - Acton Deposition Ex. 21 - screen prints, #4 Exhibit D(3) - Acton Dep Ex. 44 - LIU Excess Casualty Account Summary, #5 Exhibit E(2) - Newlin Dep. Ex. 67 - reinsurance binder, #6 Exhibit G(1) - Excerpts of Deposition of Elaine Trischetta, #7 Exhibit G(2) - Trischetta Dep Ex. 7 - Risk Analysis Worksheet 2003, #8 Exhibit G(3) - Trischetta Dep. Ex. 10 - Risk Analysis Worksheet 2005, #9 Exhibit G(4) - Trischetta Dep Ex. 19 - Risk Analysis Worksheet 2006, #10 Exhibit H(1) - Excerpts from Eileen Logan Deposition, #11 Exhibit H(2) - Logan Dep. Ex. 23 - December 2013 email chain, #12 Exhibit I(2) - Ross Dep. Ex. 4 - December 2002 email chain, #13 Exhibit I(7) - Ross Dep. Ex. 39 - November 2004 email chain, #14 Exhibit I(11) - Ross Dep. Ex. 51 - late December 2008/early January 2009 email chain, #15 Exhibit J(3) - Borgersen Aff. Ex. 22 - December 2, 2003 memo, #16 Exhibit J(6) - Borgersen Aff. Ex. 33 - November 8, 2006 fax, #17 Exhibit J(7) - Borgersen Aff. Ex. 36 - November 19, 2007 email, #18 Exhibit J(8) - Borgersen Aff. Ex. 44 - November 18, 2008 email, #19 Exhibit J(12) - Borgersen Aff. Ex. 54 - November 20, 2009 email, #20 Exhibit J(13) - Borgersen Aff. Ex. 62 - November 16, 2010 email, #21 Exhibit K(2) - Borgersen Dep. Ex. 30 - Lilly 2006 Excess Liability Application, #22 Exhibit K(3) - Borgersen Dep. Ex. 35 - Lilly 2012 Excess Liability Information, #23 Exhibit L - Excerpts of Deposition of Anthony Bonfa, #24 Exhibit M(2) - Prewett Dep. Ex. 18 - Endurance U.S. Operations Casualty Risk Summary Document, #25 Exhibit M(3) - Prewett Dep. Ex. 20 - Endurance Casualty Rating Worksheet document, #26 Exhibit N - Document produced by XL - XL Umbrella Pricing Tool document, #27 Exhibit O - Document produced by XL - December 5, 2007 email chain, #28 Exhibit P - Document produced by Westchester - undated handwritten notes, #29 Exhibit Q - Document produced by Westchester - December 2008 email chain, #30 Exhibit R - Document produced by XL - undated screen prints, #31 Exhibit 8 of the Fischer Aff. - Ex. 21 to the April 26, 2018 deposition of Elaine Trischetta)(Leagre, Ryan)
June 14, 2019 Opinion or Order Filing 1233 REPLY in Support of Motion re #1230 MOTION for Discovery and Rule 56(d) Relief (previously filed at Doc. 1165) (Reply Brief previously filed as Doc. 1177), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Affidavit of John Fischer (previously filed at Doc. 1178), #2 Exhibit 1 - Excerpts from March 23, 2016 Deposition of John Touchstone, #3 Exhibit 2 - November 21, 2003 email communication between Les Ross and Loran Acton, as produced by LIU in this action, #4 Exhibit 3 - November 1 and December 3, 2003 email communications between Les Ross and Marty Newlin and two attachments, as produced by RSUI in this action, #5 Exhibit 4 - November 10, 18, and 19, 2008 email communications between Les Ross and Warren Prewett and others, as produced by Endurance in this action, #6 Exhibit 5 - November 21, 2008 email communications between Les Ross and Diane Anzore with handwritten notes and attachment, as produced by Westchester in this action, #7 Exhibit 6 - December 29, 2003 email communication between Les Ross, Douglas Gibson, and Kimberly Meiser and prior inline email, as produced by XL in this action, #8 Exhibit 7 - Excerpts from the November 11, 2015 deposition of Les Ross, #9 Exhibit 8 - Exhibit 21 to the April 26, 2018 deposition of Elaine Trischetta (filed under seal))(Leagre, Ryan)
June 14, 2019 Opinion or Order Filing 1232 RESPONSE in Opposition re #1230 MOTION for Discovery and Rule 56(d) Relief (previously filed at Doc. 1165) (Re-filed per the Court's directions at the April 30, 2019 Status Conference)[Previously filed at Doc. 1174], filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Touchstone Deposition Excerpts [Previously filed at Doc. 1174-1], #2 Exhibit 2 - Witness Statement [Previously Filed at Doc. 1174-2], #3 Exhibit 3 - Parness Letter [Previously filed at Doc. 1174-3])(Thomas, Joseph)
June 14, 2019 Opinion or Order Filing 1231 RESPONSE in Opposition re #1230 MOTION for Discovery and Rule 56(d) Relief (previously filed at Doc. 1165) (Opposition Previously filed at Doc. 1175), filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Knippen, Michael)
June 14, 2019 Opinion or Order Filing 1230 MOTION for Discovery and Rule 56(d) Relief (previously filed at Doc. 1165), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order, #2 Brief supporting Rule 56(d) Motion (Previously filed as Doc.1171), #3 Affidavit of Andrew Detherage (Redacted and Previously filed as Doc. 1170), #4 Exhibit A - Schedule of Pending Discovery to be Deferred at this Time, #5 Exhibit B - Notice of 30(b)(6) Deposition of XL, #6 Exhibit C - Notice of 30(b)(6) Deposition of Endurance, #7 Exhibit D(1) - Excerpts from Deposition of Loran Acton, #8 Exhibit D(2) - Acton Deposition Ex. 21 - screen prints (Filed under Seal), #9 Exhibit D(3) - Acton Dep Ex. 44 - LIU Excess Casualty Account Summary (Filed under Seal), #10 Exhibit E(1) - Excerpts of Deposition of Marty Newlin, #11 Exhibit E(2) - Newlin Dep. Ex. 67 - reinsurance binder (Filed under Seal), #12 Exhibit F - Excerpts of Deposition of Daniel Guingrich, #13 Exhibit G(1) - Excerpts of Deposition of Elaine Trischetta (Redacted), #14 Exhibit G(2) - Trischetta Dep Ex. 7 - Risk Analysis Worksheet 2003 (Filed under Seal), #15 Exhibit G(3) - Trischetta Dep. Ex. 10 - Risk Analysis Worksheet 2005 (Filed under Seal), #16 Exhibit G(4) - Trischetta Dep Ex. 19 - Risk Analysis Worksheet 2006 (Filed under Seal), #17 Exhibit H(1) - Excerpts from Eileen Logan Deposition (Redacted), #18 Exhibit H(2) - Logan Dep. Ex. 23 - December 2013 email chain (Filed under Seal), #19 Exhibit H(3) - Logan Dep. Ex. 40 - Arch 2003-04 Policy, #20 Exhibit I(1) - Les Ross Deposition Ex. 1 - December 2002 email, #21 Exhibit I(2) - Ross Dep. Ex. 4 - December 2002 email chain (Filed under Seal), #22 Exhibit I(3) - Ross Dep. Ex. 9 - December 20, 2002 email, #23 Exhibit I(4) - Ross Dep. Ex. 15 - December 31, 2002 email chain, #24 Exhibit I(5) - Ross Dep. Ex. 23 - December 1, 2003 memo, #25 Exhibit I(6) - Ross Dep. Ex. 32 - January 30, 2004 letter, #26 Exhibit I(7) - Ross Dep. Ex. 39 - November 2004 email chain (Filed under Seal), #27 Exhibit I(8) - Ross Dep. Ex. 40 - November 30, 2004 letter, #28 Exhibit I(9) - Ross Dep. Ex. 41 - December 8, 2004 memo, #29 Exhibit I(10) - Ross Dep. Ex. 47 - March 28, 2005 letter, #30 Exhibit I(11) - Ross Dep. Ex. 51 - late December 2008/early January 2009 email chain (Filed under Seal), #31 Exhibit J(1) - Affidavit of Al Borgersen Ex. 14 - late December 2002 email chain, #32 Exhibit J(2) - Borgersen Aff. Ex. 15 - December 30, 2002 fax, #33 Exhibit J(3) - Borgersen Aff. Ex. 22 - December 2, 2003 memo (Redacted), #34 Exhibit J(4) - Borgersen Aff. Ex. 24 - December 18, 2003 email, #35 Exhibit J(5) - Borgersen Aff. Ex. 32 - Endorsement No. 14 to Arch 2003-04 policy, #36 Exhibit J(6) - Borgersen Aff. Ex. 33 - November 8, 2006 fax (Redacted), #37 Exhibit J(7) - Borgersen Aff. Ex. 36 - November 19, 2007 email (Redacted), #38 Exhibit J(8) - Borgersen Aff. Ex. 44 - November 18, 2008 email (Redacted), #39 Exhibit J(9) - Borgersen Aff. Ex. 45 - December 2008 email chain, #40 Exhibit J(10) - Borgersen Aff. Ex. 50 - February 18, 2009 email, #41 Exhibit J(11) - Borgersen Aff. Ex. 52 - February 2009 email chain, #42 Exhibit J(12) - Borgersen Aff. Ex. 54 - November 20, 2009 email (Redacted), #43 Exhibit J(13) - Borgersen Aff. Ex. 62 - November 16, 2010 email (Redacted), #44 Exhibit K(1) - Deposition of Al Borgersen Ex. 25 - December 31, 2002 Arch binder for 2003-04 policy, #45 Exhibit K(2) - Borgersen Dep. Ex. 30 - Lilly 2006 Excess Liability Application (Redacted), #46 Exhibit K(3) - Borgersen Dep. Ex. 35 - Lilly 2012 Excess Liability Information (Redacted), #47 Exhibit L - Excerpts of Deposition of Anthony Bonfa (Redacted), #48 Exhibit M(1) - Excerpts of Deposition of Warren Prewett, #49 Exhibit M(2) - Prewett Dep. Ex. 18 - Endurance U.S. Operations Casualty Risk Summary Document (Filed under Seal), #50 Exhibit M(3) - Prewett Dep. Ex. 20 - Endurance Casualty Rating Worksheet document (Filed under Seal), #51 Exhibit N - Document produced by XL - XL Umbrella Pricing Tool document (Filed under Seal), #52 Exhibit O - Document produced by XL - December 5, 2007 email chain (Filed under Seal), #53 Exhibit P - Document produced by Westchester - undated handwritten notes (Filed under Seal), #54 Exhibit Q - Document produced by Westchester - December 2008 email chain (Filed under Seal), #55 Exhibit R - Document produced by XL - undated screen prints (Filed under Seal), #56 Exhibit S - Notice of Rule 30(b)(6) deposition of non-party JLT)(Leagre, Ryan)
June 13, 2019 Opinion or Order Filing 1229 SEALED MOTION for Summary Judgment(Previously Filed at Doc. 1149) (Filed under Seal Per Order Doc. 1153) Refiled per Court's Order at 1227, filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Memorandum In Support (Previously Filed at Doc 1150), #2 Exhibit A to Memo in Support (Previously Filed at Doc 1150-1), #3 Text of Proposed Order Proposed Order (Previously Filed at Doc. 1149-1))(Knippen, Michael)
June 13, 2019 Opinion or Order Filing 1228 MOTION for Summary Judgment on Counts I-III and VI-VII - Refiled per Court's Order at 1227 (Originally Filed at Doc. 1144), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Memorandum in Support (Originally Filed at Doc. 1145), #2 Civitano Declaration (Originally Filed at Doc. 1146), #3 Exhibit 1 to Civitano Declaration (Originally Filed at Doc. 1146-01), #4 Text of Proposed Order (Originally Filed at Doc. 1144-1.))(Thomas, Joseph)
June 13, 2019 Opinion or Order Filing 1227 ORDER - GRANTING JOINT #1226 MOTION TO WITHDRAW DOCKET ENTRIES 1215 THROUGH 1220 WITH LEAVE TO REFILE. IT IS THEREFORE ORDERED that Docket Entries 1215 through 1220 are hereby withdrawn and the parties are permitted to refile these documents. Signed by Judge Tanya Walton Pratt on 6/13/2019. (NAD)
June 12, 2019 Opinion or Order Filing 1226 Joint MOTION to Withdraw #1219 Response in Opposition to Motion, #1218 Response in Opposition to Motion, #1215 MOTION for Summary Judgment on Counts I-III and VI-VII (Re-filed per the Court's directions at the April 30, 2019 Status Conference)[Previously filed at Doc. 1144], #1216 SEALED MOTION for Summary Judgment (Filed under Seal Per Order Doc. 1153) Re-filed per the Court's Direction(Previously Filed at Doc. 1149), #1220 Reply in Support of Motion, #1217 MOTION for Discovery and Rule 56(d) Relief (previously filed at Doc. 1165) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
June 4, 2019 Opinion or Order Filing 1225 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Emily A. Golding hereby notifies the Clerk of the court of changed contact information. (Golding, Emily)
May 28, 2019 Opinion or Order Filing 1224 NOTICE of FILING of OFFICIAL TRANSCRIPT of Status Conference held before Judge Tanya Walton Pratt on 04/30/2019 (Moxley, David)
May 28, 2019 Opinion or Order Filing 1223 *** SEE DKT. NUMBER 1244 FOR REDACTED TRANSCRIPT *** TRANSCRIPT of Status Conference held on 04/30/2019 before Judge Tanya Walton Pratt. (38 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 416-1749). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 6/18/2019. Release of Transcript Restriction set for 8/26/2019. (Moxley, David) Modified on 8/26/2019 (SWM).
May 28, 2019 Opinion or Order Filing 1222 ORDER REFERRING MOTION: #1217 MOTION for Discovery and Rule 56(d) Relief (previously filed at Doc. 1165) filed by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. Signed by Judge Tanya Walton Pratt on 5/28/2019. Motions referred to Tim A. Baker.(NAD)
May 10, 2019 Opinion or Order Filing 1221 NOTICE of Appearance by Bradley J. Wombles on behalf of Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Wombles, Bradley)
May 9, 2019 Opinion or Order Filing 1220 ***WITHDRAWN PER ORDER AT #1227 ***REPLY in Support of Motion re #1217 MOTION for Discovery and Rule 56(d) Relief (previously filed at Doc. 1165) (Reply Brief previously filed at Doc. 1177), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Affidavit of John Fischer in Support of Reply (unsealed per Order at Doc. 1188) (previously filed at Doc. 1178), #2 Ex. 1 to Fischer Aff. (unsealed by order at Doc. 1188) (previously filed at Doc. 1178-1), #3 Ex. 2 to Fischer Aff. (unsealed per order at Doc. 1188) (previously filed at Doc. 1178-2), #4 Ex. 3 to Fischer Aff. (unsealed by order at Doc. 1188) (previously filed at Doc. 1178-3), #5 Ex. 4 to Fischer Aff. (unsealed per order at Doc. 1188) (previously filed at Doc. 1178-4), #6 Ex. 4 to Fischer Aff. (unsealed per order at Doc. 1188) (previously filed at Doc. 1178-5), #7 Ex. 6 to Fischer Aff. (unsealed per order at Doc. 1188) (previously filed at Doc. 1178-6), #8 Ex. 7 to Fischer Aff. (unsealed per order at Doc. 1188) (previously filed at Doc. 1178-7), #9 Placeholder for Ex. 8 to Fischer Aff. (sealed by order at Doc. 1188) (unredacted version previously filed under seal at Doc. 1178-8))(Fischer, John) Modified on 6/13/2019 (NAD).
May 9, 2019 Opinion or Order Filing 1219 ***WITHDRAWN PER ORDER AT #1227 ***RESPONSE in Opposition re #1217 MOTION for Discovery and Rule 56(d) Relief (previously filed at Doc. 1165) (Re-filed per the Court's directions at the April 30, 2019 Status Conference)[Previously filed at Doc. 1174], filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Touchstone Deposition Excerpts [Previously filed at Doc. 1174-1], #2 Exhibit 2 - Witness Statement [Previously Filed at Doc. 1174-2], #3 Exhibit 3 - Parness Letter [Previously filed at Doc. 1174-3])(Thomas, Joseph) Modified on 6/13/2019 (NAD).
May 9, 2019 Opinion or Order Filing 1218 ***WITHDRAWN PER ORDER AT #1227 *** RESPONSE in Opposition re #1217 MOTION for Discovery and Rule 56(d) Relief (previously filed at Doc. 1165) RESPONSE (Previously Filed at Doc. 1175), filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Knippen, Michael) Modified on 6/13/2019 (NAD).
May 9, 2019 Opinion or Order Filing 1217 ***WITHDRAWN PER ORDER AT #1227 *** MOTION for Discovery and Rule 56(d) Relief (previously filed at Doc. 1165), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order, #2 Brief Supporting Rule 56(d) Motion (Redacted Per Order at Doc. 1172) (Sealed Brief Previously Filed at Doc. 1167), #3 Affidavit of Andrew Detherage Supporting Rule 56(d) Motion (Redacted per Order at Doc. 1172) (Sealed Affidavit previously filed at Doc. 1166), #4 Ex. A to Detherage Aff. (previously filed at Doc. 1166-1), #5 Ex. B to Detherage Aff. (previously filed at Doc. 1166-2), #6 Ex. C to Detherage Aff. (previously filed at Doc. 1166-3), #7 Ex. D(1) to Detherage Aff. (previously filed at Doc. 1166-4), #8 Placeholder for Ex. D(2) to Detherage Aff (sealed per Order at Doc. 1172) (previously filed under seal at Doc. 1166-5), #9 Placeholder for Ex. D(3) to Detherage Aff. (filed under seal per order at Doc. 1172) (previously filed at Doc. 1166-6), #10 Ex. E(1) to Detherage Aff. (previously filed at Doc. 1166-7), #11 Placeholder for Ex. E(2) to Detherage Aff. (filed under seal per order at Doc. 1172) (previously filed under seal at Doc. 1166-8), #12 Ex. F to Detherage Aff. (previously filed at Doc. 1166-9), #13 Redacted Ex. G(1) to Detherage Aff. (filed under seal per order at Doc. 1172) (previously filed under seal at Doc. 1166-10), #14 Placeholder for Ex. G(2) to Detherage Aff. (filed under seal per order at Doc. 1172) (previously filed under seal at Doc. 1166-11), #15 Placeholder for Ex. G(3) to Detherage Aff. (filed under seal per order at Doc. 1172) (previously filed under seal at Doc. 1166-12), #16 Placeholder for Ex. G(4) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed under seal at Doc. 1166-13), #17 Redacted Ex. H(1) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed unders seal at Doc. 1166-14), #18 Placeholder for Ex. H(2) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed under seal at Doc. 1166-15), #19 Ex. H(3) to Detherage Aff. (previously filed under seal at Doc. 1166-16), #20 Ex. I(1) to Detherage Aff. (previously filed at Doc. 1166-17), #21 Placeholder for Ex. I(2) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-18), #22 Ex. I(3) to Detherage Aff. (previously filed at Doc. 1166-19), #23 Ex. I(4) to Detherage Aff. (previously filed at Doc. 1166-20), #24 Ex. I(5) to Detherage Aff. (previously filed at Doc. 1166-21), #25 Ex. I(6) to Detherage Aff. (previously filed at Doc. 1166-22), #26 Placeholder for Ex. I(7) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-23), #27 Ex. I(8) to Detherage Aff. (previously filed at Doc. 1166-24), #28 Ex. I(9) to Detherage Aff. (previously filed at Doc. 1166-25), #29 Ex. I(10) to Detherage Aff. (previously filed at Doc. 1166-26), #30 Placeholder for Ex. I(11) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-27), #31 Ex. J(1) to Detherage Aff. (previously filed at Doc. 1166-28), #32 Ex. J(2) to Detherage Aff. (previously filed at Doc. 1166-29), #33 Redacted Ex. J(3) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-30), #34 Ex. J(4) to Detherage Aff. (previously filed at Doc. 1166-31), #35 Ex. J(5) to Detherage Aff. (previously filed at Doc. 1166-32), #36 Redacted Ex. J(6) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-33), #37 Redacted Ex. J(7) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-34), #38 Redacted Ex. J(8) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-35), #39 Ex. J(9) to Detherage Aff. (previously filed at Doc. 1166-36), #40 Ex. J(10) to Detherage Aff. (previously filed at Doc. 1166-37), #41 Ex. J(11) to Detherage Aff. (previously filed at Doc. 1166-38), #42 Redacted Ex. J(12) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-39), #43 Redacted Ex. J(13) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-40), #44 Ex. K(1) to Detherage Aff. (previously filed at Doc. 1166-41), #45 Redacted Ex. K(2) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-42), #46 Redacted Ex. K(3) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-43), #47 Redacted Ex. L to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-44), #48 Ex. M(1) to Detherage Aff. (previously filed at Doc. 1166-45), #49 Placeholder for Ex. M(2) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-46), #50 Placeholder for Ex. M(3) to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-47), #51 Placeholder for Ex. N to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-48), #52 Placeholder for Ex. O to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-49), #53 Placeholder for Ex. P to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-50), #54 Placeholder for Ex. Q to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-51), #55 Placeholder for Ex. R to Detherage Aff. (sealed per order at Doc. 1172) (previously filed at Doc. 1166-52), #56 Ex. S to Detherage Aff. (previously filed at Doc. 1166-53))(Fischer, John) Modified on 6/13/2019 (NAD).
May 9, 2019 Opinion or Order Filing 1216 ***WITHDRAWN PER ORDER AT #1227 *** SEALED MOTION for Summary Judgment (Filed under Seal Per Order Doc. 1153) Re-filed per the Court's Direction(Previously Filed at Doc. 1149), filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Memorandum in Support (Previously filed at Doc. 1150), #2 Exhibit Exhibit A to Memo in Support (Previously Filed at Doc. 1150-1), #3 Text of Proposed Order Proposed Order (Previously Filed at Doc. 1149-1))(Knippen, Michael) Modified on 6/13/2019 (NAD).
May 9, 2019 Opinion or Order Filing 1215 ***WITHDRAWN PER ORDER AT #1227 *** MOTION for Summary Judgment on Counts I-III and VI-VII (Re-filed per the Court's directions at the April 30, 2019 Status Conference)[Previously filed at Doc. 1144], filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Memorandum in Support [Previously filed at Doc. 1145], #2 Declaration of Nicholas Civitano [Previously filed at Doc. 1146], #3 Exhibit 1 to Declaration of Nicholas Civitano [Previously filed at Doc. 1146-1], #4 Text of Proposed Order [Previously filed at Doc. 1144-1])(Thomas, Joseph) Modified on 6/13/2019 (NAD).
May 8, 2019 Opinion or Order Filing 1214 NOTICE Joint Notice of All Parties of Motions and Associated Papers to Be Refiled Per the Court's April 30, 2019 Entry, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA (Fischer, John)
April 30, 2019 Opinion or Order Filing 1213 MINUTE ENTRY for status conference held before Judge Tanya Walton Pratt on 4/30/2019: Parties appeared by counsel. Discussion was held regarding the status of the case. The parties agreed to confer and jointly file a document that lists the pending motions that will be filed. The respective Defendants will refile their motions for summary judgment as deemed appropriate, thereafter, Lilly may refile its Rule 56(d) motions. Any fully briefed motions will be filed as a package (motion and brief, the response brief, and the reply brief). Although not discussed, the Court anticipates the filings by no later than May 10, 2019. Signed by Judge Tanya Walton Pratt. (Court Reporter David Moxley.)(TRG)
April 24, 2019 Opinion or Order Filing 1212 NOTICE of Appearance by Samuel R. Stalker on behalf of Defendant WESTCHESTER SURPLUS LINES INSURANCE CO.. (Stalker, Samuel)
April 10, 2019 Opinion or Order Filing 1211 ORDER granting #1210 Motion to Appear pro hac vice. Attorney Meaghan A. Sweeney for ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY added. Counsel shall register for electronic filing, as required by Local Rule 5-2(a), within 7 days. Copy to Meaghan A. Sweeney via US Mail. Signed by Magistrate Judge Tim A. Baker on 4/10/2019. (SWM)
April 8, 2019 Opinion or Order Filing 1210 MOTION for Attorney(s) Meaghan A. Sweeney to Appear pro hac vice (Filing fee $100, receipt number 0756-5371558), filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit Exhibit A-Appearance of Counsel (Sweeney))(Sullivan, Monica)
March 18, 2019 Opinion or Order Filing 1209 ORDER - granting #1208 Motion to Withdraw Attorney Appearance. Attorney Lindsay C. Donald withdrawn. Signed by Judge Tanya Walton Pratt on 3/18/2019. (NAD)
March 15, 2019 Opinion or Order Filing 1208 MOTION to Withdraw Attorney Appearance of Lindsay C. Donald, filed by Defendant XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order)(Bower, Eileen)
March 11, 2019 Opinion or Order Filing 1207 SCHEDULING ORDER AND AGENDA FOR HEARING - In accordance with the order granting the parties various motions for an in- person non-evidentiary hearing, this matter is scheduled for hearing on Tuesday, April 30, 2019 at 9:00 a.m., for one hour, in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. (See Order for details.) Signed by Judge Tanya Walton Pratt on 3/11/2019.(NAD)
March 11, 2019 Opinion or Order Filing 1206 ENTRY ON PENDING MOTIONS - For the reasons stated above, the parties' Motions for an in-person hearing or status conference are GRANTED (Filing No. #1059 ; Filing No. #1191 ; Filing No. #1205 ). An in-person, non-evidentiary hearing and an agenda for that hearing will be scheduled under separate order. Lamorak's Second Motion for Summary Judgment (Filing No. #1038 ), Motion to Bifurcate Phase I Proceedings (Filing No. #1058 ), and Motion for Leave to File Motion for Oral Argument (Filing No. #1107 ) are DENIED as moot. Lilly's Motion to Reconsider (Filing No. #1049 ) is GRANTED in part and DENIED in part; the Arch Defendants' supplement to the summary judgment record will not be stricken, but Lilly is permitted to depose Minervini regarding her affidavit and the summary judgment supplemental material. Lilly's Motion for Leave to Take Trial Deposition of Allan Borgersen ( Filing No. #1079 ) and its Motion to Lift the Stay for Leave to Take Trial Deposition of Allan Borgersen (Filing No. #1173 ) are GRANTED. Lilly's Motion to Compel (Filing No. 1108) and the parties' the Rule 56 motions (Filing No. #864 ; Filing No. #948 ; Filing No. #1047 ; Filing No. #1144 ; Filing No. #1149 , Filing No. #1165 ) are DENIED without prejudice to refile after the hearing on the phasing issues. (See Entry.) Signed by Judge Tanya Walton Pratt on 3/11/2019. (NAD)
March 7, 2019 Opinion or Order Filing 1205 MOTION for In-Person Status Conference, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
February 20, 2019 Opinion or Order Filing 1204 NOTICE of Reassignment of Case to Judge Tanya Walton Pratt. Judge James Patrick Hanlon is no longer assigned to this case. Please include the new case number, 1:13-cv-01770-TWP-TAB, on all future filings in this matter. (REO)
February 20, 2019 Opinion or Order Filing 1203 ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Judge James Patrick Hanlon on 2/20/2019. (PKP)
February 19, 2019 Opinion or Order Filing 1202 NOTICE of Reassignment of Case to Judge James Patrick Hanlon. Judge Robert L. Miller, Jr is no longer assigned to this case. Please include the new case number, 1:13-cv-01770-JPH-TAB, on all future filings in this matter. (NLR)
February 19, 2019 Opinion or Order Filing 1201 ORDER REASSIGNING CASE. Pursuant to Title 28 U.S.C. Section 137 and Local Rule 401(f) of the Southern District of Indiana, the Clerk is directed to randomly reassign this case to a District Judge. Upon completion of the reassignment the Clerk will notify the parties in the case of the newly assigned Judge. Signed by Judge Jane Magnus-Stinson on 2/19/2019.(NLR)
February 13, 2019 Opinion or Order Filing 1200 ORDER granting Plaintiffs' #1196 Motion to Maintain Documents Under Seal. The Court hereby seals Lilly's Brief [Filing Nos. 1195, 1195-1] in accordance with Local Rule 5-11 of the U. S. District Court of the Southern District of Indiana and Section 18 of the Civil Electronic Case Filing Administrative Policies and Procedures Manual for the Southern District of Indiana.. Signed by Magistrate Judge Tim A. Baker on 2/13/2019. (SWM)
February 13, 2019 Opinion or Order Filing 1199 ORDER granting Plaintiffs' #1194 Motion to Seal. The Court hereby seals Lilly's Statement [Filing No. 1190] in accordance with Local Rule 5-11 of the United States District Court of the Southern District of Indiana and Section 18 of the Civil Electronic Case Filing Administrative Policies and Procedures Manual for the Southern District of Indiana. Signed by Magistrate Judge Tim A. Baker on 2/13/2019. (SWM)
February 6, 2019 Opinion or Order Filing 1198 RESPONSE to Motion re #1191 MOTION for In-Person, Non-Evidentiary Hearing on Phasing Issues , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
February 4, 2019 Opinion or Order Filing 1197 BRIEF/MEMORANDUM in Support re #1196 MOTION to Maintain Document Under Seal #1195 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
February 4, 2019 Opinion or Order Filing 1196 MOTION to Maintain Document Under Seal #1195 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
February 4, 2019 Opinion or Order Filing 1195 *** SEALED PER ORDER DATED 2/13/2019 (Dkt. Number #1200 *** SEALED Lilly's Brief in Support of Motion to Seal Dkt. 1190, re #1194 Motion to Seal Document/Maintain Document Under Seal, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Proposed Redactions to Dkt. 1190)(Leagre, Ryan) Modified on 2/13/2019 (SWM).
February 4, 2019 Opinion or Order Filing 1194 MOTION to Seal Document #1190 Statement Regarding Phasing and Other Issues, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
January 25, 2019 Opinion or Order Filing 1193 Statement Regarding Remaining Issues and Phasing by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
January 25, 2019 Opinion or Order Filing 1192 Statement of Remaining Issues and Phasing by COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Harkness, Scott)
January 25, 2019 Opinion or Order Filing 1191 MOTION for In-Person, Non-Evidentiary Hearing on Phasing Issues, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
January 25, 2019 Opinion or Order Filing 1190 *** SEALED PER ORDER DATED 2/13/2019 (Dkt. No. #1199 *** Statement on Phasing and Remaining Issues by All Plaintiffs. (Fischer, John) Modified on 2/13/2019 (SWM).
January 25, 2019 Opinion or Order Filing 1189 Statement on Remaining Issues by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Knippen, Michael)
January 9, 2019 Opinion or Order Filing 1188 ORDER granting IN PART Plaintiffs' #1179 Motion to Maintain Document Under Seal. Pursuant to Defendants' memorandum in support of maintaining documents under seal [Filing No. 1183], the Court orders Exhibit 8 to the affidavit of John P. Fisher [Filing No. 1178- 8] be maintained under seal until further order. Filing Nos. 1178 and 1178- 1 through 1178-7 shall be unsealed. Signed by Magistrate Judge Tim A. Baker on 1/9/2019. (SWM)
January 4, 2019 Opinion or Order Filing 1187 ORDER DIRECTS the parties, by January 25, 2019, to file a brief statement of what they see as remaining issues, which phase the remaining issues belong in and why, and any proposed amendments to the revised case management plan's phasing approach. Because the phasing determination might effect the ruling on Lilly's Rule 56(b) motion, the court STAYS proceedings on that motion #1165 to allow the parties to address the phasing issue. Signed by Judge Robert L. Miller, Jr on 1/4/2019.(CBU)
December 19, 2018 Opinion or Order Filing 1186 OPINION and ORDER denying #1136 Motion for final judgment. The court DENIES Lamorak's motion for final judgment pursuant to Federal Rules of Civil Procedure 54(b), #1136 , with leave to refile following the court's ruling on the other defendants' summary judgment motions. Signed by Judge Robert L. Miller, Jr on 12/19/2018. (CBU)
October 2, 2018 Opinion or Order Filing 1185 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Elizabeth C. Brandon hereby notifies the Clerk of the court of changed contact information. (Brandon, Elizabeth)
September 24, 2018 Opinion or Order Filing 1184 ORDER - The court DENIES Lilly's motion for oral argument on Arch's motion for summary judgment [Doc. No. #954 ]. Signed by Judge Robert L. Miller, Jr on 9/24/2018. (APD)
September 20, 2018 Opinion or Order Filing 1183 BRIEF/MEMORANDUM in Support re #1179 MOTION to Maintain Document Under Seal #1178 SEALED Document (Case Participants - doc) Affidavit of John P. Fischer in Support of Reply Brief Supporting Lilly's Motion for Relief Pursuant to Rule 56(d), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
September 13, 2018 Opinion or Order Filing 1182 REPLY in Support of Motion re #1173 MOTION to Lift the Stay of Proceedings to Rule on Lilly's Pre-Stay Motion for Leave to Take Trial Deposition of Allan Borgersen [Dkt. 1079] and, if Granted, to Lift the Stay of Proceedings to Allow the Trial Deposition to be Taken , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
September 7, 2018 Opinion or Order Filing 1181 RESPONSE IN OPPOSITION, Upper Excess Carriers Joinder to Archs Opposition #1176 to Plaintiffs Motion #1173 to Lift the Stay to take a Second Deposition of Al Borgersen, filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Taylor, Jason) Modified on 9/7/2018 (BRR). Modified on 9/7/2018 (BRR).
September 6, 2018 Opinion or Order Filing 1180 REDACTION to #1178 SEALED Document (Case Participants - doc) September 6, 2018 Affidavit of John Fischer by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Excerpts from March 23, 2016 Deposition of John Touchstone, #2 Exhibit 2 - Placeholder for November 21, 2003 email communication between Les Ross and Loran Acton, as produced by LIU in this action (filed under seal), #3 Exhibit 3 - Placeholder for November 1 and December 3, 2003 email communications between Les Ross and Marty Newlin and two attachments, as produced by RSUI in this action (filed under seal), #4 Exhibit 4 - Placeholder for November 10, 18, and 19, 2008 email communications between Les Ross and Warren Prewett and others, as produced by Endurance in this action (filed under seal), #5 Exhibit 5 - Placeholder for November 21, 2008 email communications between Les Ross and Diane Anzore with handwritten notes and attachment, as produced by Westchester in this action (filed under seal), #6 Exhibit 6 - Placeholder for December 29, 2003 email communication between Les Ross, Douglas Gibson, and Kimberly Meiser and prior inline email, as produced by XL in this action (filed under seal), #7 Exhibit 7 - Excerpts from the November 11, 2015 deposition of Les Ross, #8 Exhibit 8 - Placeholder for Exhibit 21 to the April 26, 2018 deposition of Elaine Trischetta (filed under seal))(Fischer, John)
September 6, 2018 Opinion or Order Filing 1179 MOTION to Maintain Document Under Seal #1178 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
September 6, 2018 Opinion or Order Filing 1178 *** UNSEALED PER ORDER DATED 1/9/2019 *** SEALED September 6, 2018 Affidavit of John Fischer, re #1177 Reply in Support of Motion, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Excerpts from March 23, 2016 Deposition of John Touchstone, #2 Exhibit 2 - November 21, 2003 email communication between Les Ross and Loran Acton, as produced by LIU in this action (filed under seal), #3 Exhibit 3 - November 1 and December 3, 2003 email communications between Les Ross and Marty Newlin and two attachments, as produced by RSUI in this action (filed under seal), #4 Exhibit 4 - November 10, 18, and 19, 2008 email communications between Les Ross and Warren Prewett and others, as produced by Endurance in this action (filed under seal), #5 Exhibit 5 - November 21, 2008 email communications between Les Ross and Diane Anzore with handwritten notes and attachment, as produced by Westchester in this action (filed under seal), #6 Exhibit 6 - December 29, 2003 email communication between Les Ross, Douglas Gibson, and Kimberly Meiser and prior inline email, as produced by XL in this action (filed under seal), #7 Exhibit 7 - Excerpts from the November 11, 2015 deposition of Les Ross, # *** SEALED PER ORDER DATED 1/9/2019 *** (8) Exhibit 8 - Exhibit 21 to the April 26, 2018 deposition of Elaine Trischetta (filed under seal))(Fischer, John) Modified on 1/9/2019 (SWM).
September 6, 2018 Opinion or Order Filing 1177 REPLY in Support of Motion re #1165 MOTION for Discovery and Rule 56(d) Relief Relating to the Upper Excess Carriers' and Arch's Motions for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
September 6, 2018 Opinion or Order Filing 1176 RESPONSE in Opposition re #1173 MOTION to Lift the Stay of Proceedings to Rule on Lilly's Pre-Stay Motion for Leave to Take Trial Deposition of Allan Borgersen [Dkt. 1079] and, if Granted, to Lift the Stay of Proceedings to Allow the Trial Deposition to be Taken , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
August 30, 2018 Opinion or Order Filing 1175 RESPONSE in Opposition re #1165 MOTION for Discovery and Rule 56(d) Relief Relating to the Upper Excess Carriers' and Arch's Motions for Summary Judgment , filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Knippen, Michael)
August 30, 2018 Opinion or Order Filing 1174 RESPONSE in Opposition re #1165 MOTION for Discovery and Rule 56(d) Relief Relating to the Upper Excess Carriers' and Arch's Motions for Summary Judgment , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Touchstone Deposition Excerpts, #2 Exhibit 2 - JLT Witness Statement, #3 Exhibit 3 - JLT Letter)(Thomas, Joseph)
August 23, 2018 Opinion or Order Filing 1173 MOTION to Lift the Stay of Proceedings to Rule on Lilly's Pre-Stay Motion for Leave to Take Trial Deposition of Allan Borgersen [Dkt. 1079] and, if Granted, to Lift the Stay of Proceedings to Allow the Trial Deposition to be Taken, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
August 17, 2018 Opinion or Order Filing 1172 ORDER granting Plaintiffs' #1168 Motion to Maintain Documents Under Seal. The Clerk shall maintain Filing Nos. 1166 and 1167 under seal pending further order. Signed by Magistrate Judge Tim A. Baker on 8/17/2018. (SWM)
August 16, 2018 Opinion or Order Filing 1171 REDACTION to #1167 SEALED Document (Case Participants - doc) Memorandum of Law in Support of Lilly's Motion for Relief Pursuant to Rule 56(d) Relating to the Upper Excess Carriers' and Arch's Motions for Summary Judgment by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
August 16, 2018 Opinion or Order Filing 1170 REDACTION to #1166 SEALED Document (Case Participants - doc) Affidavit of Andrew J. Detherage in Support of Plaintiffs' Request for Rule 56(d) Relief by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Schedule of Pending Discovery to be Deferred at this Time, #2 Exhibit B - Notice of 30(b)(6) Deposition of XL, #3 Exhibit C - Notice of 30(b)(6) Deposition of Endurance, #4 Exhibit D(1) - Excerpts from Deposition of Loran Acton, #5 Exhibit D(2) - Acton Deposition Ex. 21 - screen prints (Placeholder), #6 Exhibit D(3) - Acton Dep Ex. 44 - LIU Excess Casualty Account Summary (Placeholder), #7 Exhibit E(1) - Excerpts of Deposition of Marty Newlin, #8 Exhibit E(2) - Newlin Dep. Ex. 67 - reinsurance binder (Placeholder), #9 Exhibit F - Excerpts of Deposition of Daniel Guingrich, #10 Exhibit G(1) - Excerpts of Deposition of Elaine Trischetta (With Redactions), #11 Exhibit G(2) - Trischetta Dep Ex. 7 - Risk Analysis Worksheet 2003 (Placeholder), #12 Exhibit G(3) - Trischetta Dep. Ex. 10 - Risk Analysis Worksheet 2005 (Placeholder), #13 Exhibit G(4) - Trischetta Dep Ex. 19 - Risk Analysis Worksheet 2006 (Placeholder), #14 Exhibit H(1) - Excerpts from Eileen Logan Deposition (With Redactions), #15 Exhibit H(2) - Logan Dep. Ex. 23 - December 2013 email chain (Placeholder), #16 Exhibit H(3) - Logan Dep. Ex. 40 - Arch 2003-04 Policy, #17 Exhibit I(1) - Les Ross Deposition Ex. 1 - December 2002 email, #18 Exhibit I(2) - Ross Dep. Ex. 4 - December 2002 email chain (Placeholder), #19 Exhibit I(3) - Ross Dep. Ex. 9 - December 20, 2002 email, #20 Exhibit I(4) - Ross Dep. Ex. 15 - December 31, 2002 email chain, #21 Exhibit I(5) - Ross Dep. Ex. 23 - December 1, 2003 memo, #22 Exhibit I(6) - Ross Dep. Ex. 32 - January 30, 2004 letter, #23 Exhibit I(7) - Ross Dep. Ex. 39 - November 2004 email chain (Placeholder), #24 Exhibit I(8) - Ross Dep. Ex. 40 - November 30, 2004 letter, #25 Exhibit I(9) - Ross Dep. Ex. 41 - December 8, 2004 memo, #26 Exhibit I(10) - Ross Dep. Ex. 47 - March 28, 2005 letter, #27 Exhibit I(11) - Ross Dep. Ex. 51 - late December 2008/early January 2009 email chain (Placeholder), #28 Exhibit J(1) - Affidavit of Al Borgersen Ex. 14 - late December 2002 email chain, #29 Exhibit J(2) - Borgersen Aff. Ex. 15 - December 30, 2002 fax, #30 Exhibit J(3) - Borgersen Aff. Ex. 22 - December 2, 2003 memo (With Redactions), #31 Exhibit J(4) - Borgersen Aff. Ex. 24 - December 18, 2003 email, #32 Exhibit J(5) - Borgersen Aff. Ex. 32 - Endorsement No. 14 to Arch 2003-04 policy, #33 Exhibit J(6) - Borgersen Aff. Ex. 33 - November 8, 2006 fax (With Redactions), #34 Exhibit J(7) - Borgersen Aff. Ex. 36 - November 19, 2007 email (With Redactions), #35 Exhibit J(8) - Borgersen Aff. Ex. 44 - November 18, 2008 email (With Redactions), #36 Exhibit J(9) - Borgersen Aff. Ex. 45 - December 2008 email chain, #37 Exhibit J(10) - Borgersen Aff. Ex. 50 - February 18, 2009 email, #38 Exhibit J(11) - Borgersen Aff. Ex. 52 - February 2009 email chain, #39 Exhibit J(12) - Borgersen Aff. Ex. 54 - November 20, 2009 email (With Redactions), #40 Exhibit J(13) - Borgersen Aff. Ex. 62 - November 16, 2010 email (With Redactions), #41 Exhibit K(1) - Deposition of Al Borgersen Ex. 25 - December 31, 2002 Arch binder for 2003-04 policy, #42 Exhibit K(2) - Borgersen Dep. Ex. 30 - Lilly 2006 Excess Liability Application (With Redactions), #43 Exhibit K(3) - Borgersen Dep. Ex. 35 - Lilly 2012 Excess Liability Information (With Redactions), #44 Exhibit L - Excerpts of Deposition of Anthony Bonfa (With Redactions), #45 Exhibit M(1) - Excerpts of Deposition of Warren Prewett, #46 Exhibit M(2) - Prewett Dep. Ex. 18 - Endurance U.S. Operations Casualty Risk Summary Document (Placeholder), #47 Exhibit M(3) - Prewett Dep. Ex. 20 - Endurance Casualty Rating Worksheet document (Placeholder), #48 Exhibit N - Document produced by XL - XL Umbrella Pricing Tool document (Placeholder), #49 Exhibit O - Document produced by XL - December 5, 2007 email chain (Placeholder), #50 Exhibit P - Document produced by Westchester - undated handwritten notes (Placeholder), #51 Exhibit Q - Document produced by Westchester - December 2008 email chain (Placeholder), #52 Exhibit R - Document produced by XL - undated screen prints (Placeholder), #53 Exhibit S - Notice of Rule 30(b)(6) deposition of non-party JLT)(Fischer, John)
August 16, 2018 Opinion or Order Filing 1169 BRIEF/MEMORANDUM in Support re #1168 MOTION to Maintain Document Under Seal #1166 SEALED Document (Case Participants - doc), #1167 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
August 16, 2018 Opinion or Order Filing 1168 MOTION to Maintain Document Under Seal #1166 SEALED Document (Case Participants - doc), #1167 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
August 16, 2018 Opinion or Order Filing 1167 *** SEALED PER ORDER DATED 8/17/2018 *** SEALED Memorandum of Law in Support, re #1165 Motion for Discovery, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John) Modified on 8/17/2018 (SWM).
August 16, 2018 Opinion or Order Filing 1166 *** SEALED PER ORDER DATED 8/17/2018 *** SEALED Affidavit of Andrew J. Detherage in Support of Plaintiffs' Request for Rule 56(d) Relief, re #1165 Motion for Discovery, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Schedule of Pending Discovery to be Deferred at this Time, #2 Exhibit B - Notice of 30(b)(6) Deposition of XL, #3 Exhibit C - Notice of 30(b)(6) Deposition of Endurance, #4 Exhibit D(1) - Excerpts from Deposition of Loran Acton, #5 Exhibit D(2) - Acton Deposition Ex. 21 - screen prints, #6 Exhibit D(3) - Acton Dep Ex. 44 - LIU Excess Casualty Account Summary, #7 Exhibit E(1) - Excerpts of Deposition of Marty Newlin, #8 Exhibit E(2) - Newlin Dep. Ex. 67 - reinsurance binder, #9 Exhibit F - Excerpts of Deposition of Daniel Guingrich, #10 Exhibit G(1) - Excerpts of Deposition of Elaine Trischetta, #11 Exhibit G(2) - Trischetta Dep Ex. 7 - Risk Analysis Worksheet 2003, #12 Exhibit G(3) - Trischetta Dep. Ex. 10 - Risk Analysis Worksheet 2005, #13 Exhibit G(4) - Trischetta Dep Ex. 19 - Risk Analysis Worksheet 2006, #14 Exhibit H(1) - Excerpts from Eileen Logan Deposition, #15 Exhibit H(2) - Logan Dep. Ex. 23 - December 2013 email chain, #16 Exhibit H(3) - Logan Dep. Ex. 40 - Arch 2003-04 Policy, #17 Exhibit I(1) - Les Ross Deposition Ex. 1 - December 2002 email, #18 Exhibit I(2) - Ross Dep. Ex. 4 - December 2002 email chain, #19 Exhibit I(3) - Ross Dep. Ex. 9 - December 20, 2002 email, #20 Exhibit I(4) - Ross Dep. Ex. 15 - December 31, 2002 email chain, #21 Exhibit I(5) - Ross Dep. Ex. 23 - December 1, 2003 memo, #22 Exhibit I(6) - Ross Dep. Ex. 32 - January 30, 2004 letter, #23 Exhibit I(7) - Ross Dep. Ex. 39 - November 2004 email chain, #24 Exhibit I(8) - Ross Dep. Ex. 40 - November 30, 2004 letter, #25 Exhibit I(9) - Ross Dep. Ex. 41 - December 8, 2004 memo, #26 Exhibit I(10) - Ross Dep. Ex. 47 - March 28, 2005 letter, #27 Exhibit I(11) - Ross Dep. Ex. 51 - late December 2008/early January 2009 email chain, #28 Exhibit J(1) - Affidavit of Al Borgersen Ex. 14 - late December 2002 email chain, #29 Exhibit J(2) - Borgersen Aff. Ex. 15 - December 30, 2002 fax, #30 Exhibit J(3) - Borgersen Aff. Ex. 22 - December 2, 2003 memo, #31 Exhibit J(4) - Borgersen Aff. Ex. 24 - December 18, 2003 email, #32 Exhibit J(5) - Borgersen Aff. Ex. 32 - Endorsement No. 14 to Arch 2003-04 policy, #33 Exhibit J(6) - Borgersen Aff. Ex. 33 - November 8, 2006 fax, #34 Exhibit J(7) - Borgersen Aff. Ex. 36 - November 19, 2007 email, #35 Exhibit J(8) - Borgersen Aff. Ex. 44 - November 18, 2008 email, #36 Exhibit J(9) - Borgersen Aff. Ex. 45 - December 2008 email chain, #37 Exhibit J(10) - Borgersen Aff. Ex. 50 - February 18, 2009 email, #38 Exhibit J(11) - Borgersen Aff. Ex. 52 - February 2009 email chain, #39 Exhibit J(12) - Borgersen Aff. Ex. 54 - November 20, 2009 email, #40 Exhibit J(13) - Borgersen Aff. Ex. 62 - November 16, 2010 email, #41 Exhibit K(1) - Deposition of Al Borgersen Ex. 25 - December 31, 2002 Arch binder for 2003-04 policy, #42 Exhibit K(2) - Borgersen Dep. Ex. 30 - Lilly 2006 Excess Liability Application, #43 Exhibit K(3) - Borgersen Dep. Ex. 35 - Lilly 2012 Excess Liability Information, #44 Exhibit L - Excerpts of Deposition of Anthony Bonfa, #45 Exhibit M(1) - Excerpts of Deposition of Warren Prewett, #46 Exhibit M(2) - Prewett Dep. Ex. 18 - Endurance U.S. Operations Casualty Risk Summary Document, #47 Exhibit M(3) - Prewett Dep. Ex. 20 - Endurance Casualty Rating Worksheet document, #48 Exhibit N - Document produced by XL - XL Umbrella Pricing Tool document, #49 Exhibit O - Document produced by XL - December 5, 2007 email chain, #50 Exhibit P - Document produced by Westchester - undated handwritten notes, #51 Exhibit Q - Document produced by Westchester - December 2008 email chain, #52 Exhibit R - Document produced by XL - undated screen prints, #53 Exhibit S - Notice of Rule 30(b)(6) deposition of non-party JLT)(Fischer, John) Modified on 8/17/2018 (SWM).
August 16, 2018 Opinion or Order Filing 1165 MOTION for Discovery and Rule 56(d) Relief Relating to the Upper Excess Carriers' and Arch's Motions for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
August 8, 2018 Opinion or Order Filing 1164 REPLY in Support of Motion re #1136 MOTION for Entry of Final Judgment Pursuant to Rule 54(b) , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Harkness, Scott)
August 3, 2018 Opinion or Order Filing 1163 ORDER granting #1159 Motion to Maintain Document Under Seal #1158 SEALED Response to Motion. Signed by Magistrate Judge Tim A. Baker on 8/3/2018. (MAC)
August 2, 2018 Opinion or Order Filing 1162 (TEXT ONLY ENTRY) MINUTE ORDER for proceedings held before Judge Robert L. Miller, Jr: Status Conference held on 8/2/2018. Plaintiffs appeared by counsel Andrew J. Detherage, George M. Plews, and Gregory M. Gotwald. Defendants Arch Insurance Company & Arch Specialty Insurance Company appeared by counsel Joshua A. Klarfeld and Megan B. Gramke. Defendant Endurance American Specialty Insurance Company appeared by counsel Monica T. Sullivan. Defendant Liberty Insurance Underwriters, Inc. appeared by counsel Ana M. Francisco and Bruce L. Kamplain. Defendant RSUI Indemnity Company appeared by counsel Kyle M. Dickinson, Meghan Ruesch, and Michael S. Knippen. Defendant Westchester Surplus Lines Insurance, Co. appeared by counsel Wendy N. Enerson. Defendant XL Insurance America, Inc. appeared by counsel David A. Temple and Eileen K. Bower. Defendant Commercial Union Insurance Company appeared by counsel Charles E. Spevacek, Michael P. McNamee, and Scott A. Harkness. Following discussion regarding the status of pending motions, the court DIRECTED plaintiffs to file a FRCP 56(d) motion by 8/16/18, with responses due 8/30/18, and any reply to be filed by 9/6/18; EXTENDED the stay on discovery and STAYED briefing on the summary judgment motions pending disposition of the Rule 56(d) motion; and STAYED all trial related deadlines until further order. Issued by Judge Robert L. Miller, Jr. (Court Reporter Debra Bonk.)(BRR)
August 1, 2018 Opinion or Order Filing 1161 REDACTION to #1158 SEALED Response to Motion for Entry of Final Judgment Pursuant to Rule 54(b) by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
August 1, 2018 Opinion or Order Filing 1160 SEALED Brief in Support, re #1159 Motion to Seal Document/Maintain Document Under Seal, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
August 1, 2018 Opinion or Order Filing 1159 MOTION to Maintain Document Under Seal #1158 SEALED Response to Motion for Entry of Final Judgment Pursuant to Rule 54(b), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
August 1, 2018 Opinion or Order Filing 1158 ***ORDERED MAINTAINED UNDER SEAL PER #1163 ***SEALED RESPONSE re #1136 MOTION for Entry of Final Judgment Pursuant to Rule 54(b) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John) Modified on 8/3/2018 (MAC).
July 31, 2018 Opinion or Order Filing 1157 TRANSCRIPT of Status Teleconference held on 6/20/18 before Judge Robert L. Miller, Jr. (10 pages.) Court Reporter/Transcriber: Debra Bonk (Telephone: (574)246-8039). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 8/21/2018. Release of Transcript Restriction set for 10/29/2018. (Bonk, Debra)(Howie-Walters, Laura) Released on 10/29/2018 (SWM).
July 31, 2018 Opinion or Order Filing 1156 NOTICE of FILING of OFFICIAL TRANSCRIPT of Status Teleconference held before Judge Robert L. Miller, Jr on 06/20/18 (Bonk, Debra)(Howie-Walters, Laura)
July 30, 2018 Opinion or Order Filing 1155 ORDER granting #1154 Motion to Withdraw Attorney Appearance. Attorney Matthew G. Novaria withdrawn. Signed by Magistrate Judge Tim A. Baker on 7/30/2018. (CBU)
July 27, 2018 Opinion or Order Filing 1154 First MOTION to Withdraw Attorney Appearance Matthew Novaria, filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order Proposed Order to Withdraw as Counsel - Matthew Novaria Only)(Novaria, Matthew)
July 23, 2018 Opinion or Order Filing 1153 ORDER ON MOTIONS TO SEAL: Pursuant to the Court's order of June 13, 2018, [Filing No. 1116], and subject to the same analysis and caveats therein, the parties' motions to seal [Filing Nos. #1139 , #1147 , #1151 ] are granted. The Clerk shall maintain Filing Nos. 1138, 1146, and 1150 under seal pending further order. Signed by Magistrate Judge Tim A. Baker on 7/23/2018. (SWM)
July 20, 2018 Opinion or Order Filing 1152 REDACTION to #1150 SEALED Document (Case Participants - doc) Redacted Memorandum In Support by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Knippen, Michael)
July 20, 2018 Opinion or Order Filing 1151 SEALED MOTION to Maintain Document Under Seal re Doc #1150, filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Knippen, Michael)
July 20, 2018 Opinion or Order Filing 1150 *** SEALED PER ORDER DATED 7/23/2018 *** SEALED Memorandum In Support, re #1149 Motion for Summary Judgment, filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Exhibit A)(Knippen, Michael) Modified on 7/23/2018 (SWM).
July 20, 2018 Opinion or Order Filing 1149 MOTION for Summary Judgment , filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order ProposedOrder)(Knippen, Michael)
July 20, 2018 Opinion or Order Filing 1148 REDACTION to #1146 SEALED Document (Case Participants - doc), #1144 MOTION for Summary Judgment on Counts I-III and VI-VII (Declaration of Nicholas Civitano) by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Filed Under Seal)(Thomas, Joseph)
July 20, 2018 Opinion or Order Filing 1147 MOTION to Maintain Document Under Seal #1146 SEALED Document (Case Participants - doc) , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
July 20, 2018 Opinion or Order Filing 1146 *** SEALED PER ORDER 7/23/2018 *** SEALED Declaration of Nicholas Civitano, re #1144 Motion for Summary Judgment, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - ACH Confirmation of Premium Payment)(Thomas, Joseph) Modified on 7/23/2018 (SWM).
July 20, 2018 Opinion or Order Filing 1145 BRIEF/MEMORANDUM in Support re #1144 MOTION for Summary Judgment on Counts I-III and VI-VII , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
July 20, 2018 Opinion or Order Filing 1144 MOTION for Summary Judgment on Counts I-III and VI-VII, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
July 18, 2018 Opinion or Order Filing 1143 ORDER - Lilly moved for an extension of time to respond to Lamorak's Rule 54(b) motion, [Doc. No. 1138], seeking to extend its response deadline to August 2 to review anticipated motions for summary judgment to be filed by other defendants by July 20 before responding. Lamorak opposes the motion, arguing that its right to final judgment in no way turns on how the court resolves the issues remaining between Lilly and the other defendants. To promote judicial efficiency and without suggesting that any issues remaining between Lilly and the other defendants relate to Lamorak, the court GRANTS in part the Lilly's motion, [Doc. No. #1138 ], and AFFORDS Lilly to and including August 1, 2018 to respond to Lamorak's Rule 54(b) motion. Signed by Judge Robert L. Miller, Jr on 7/18/2018. (BRR)
July 17, 2018 Opinion or Order Filing 1142 RESPONSE in Opposition re #1138 SEALED MOTION for Extension of Time to Respond to Lamorak's Motion for Entry of Final Judgment Pursuant to Rule 54(b) [Dkt. 1136] , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Spevacek, Charles)
July 13, 2018 Opinion or Order Filing 1141 REDACTION to #1138 SEALED MOTION for Extension of Time to Respond to Lamorak's Motion for Entry of Final Judgment Pursuant to Rule 54(b) [Dkt. 1136] by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
July 13, 2018 Opinion or Order Filing 1140 BRIEF/MEMORANDUM in Support re #1139 MOTION to Maintain Document Under Seal #1138 SEALED MOTION for Extension of Time to Respond to Lamorak's Motion for Entry of Final Judgment Pursuant to Rule 54(b) [Dkt. 1136] , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
July 13, 2018 Opinion or Order Filing 1139 MOTION to Maintain Document Under Seal #1138 SEALED MOTION for Extension of Time to Respond to Lamorak's Motion for Entry of Final Judgment Pursuant to Rule 54(b) [Dkt. 1136] , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
July 13, 2018 Opinion or Order Filing 1138 *** SEALED PER ORDER DATED 7/23/2018 *** SEALED MOTION for Extension of Time to Respond to Lamorak's Motion for Entry of Final Judgment Pursuant to Rule 54(b) [Dkt. 1136], filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John) Modified on 7/23/2018 (SWM).
July 5, 2018 Opinion or Order Filing 1137 BRIEF/MEMORANDUM in Support re #1136 MOTION for Entry of Final Judgment Pursuant to Rule 54(b) , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Spevacek, Charles)
July 5, 2018 Opinion or Order Filing 1136 MOTION for Entry of Final Judgment Pursuant to Rule 54(b), filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Spevacek, Charles)
July 5, 2018 Opinion or Order Filing 1135 REDACTION to #1118 Order on Motion for Summary JudgmentOrder on Sealed Motion (Case Participants - doc)Order on Motion for Partial Summary JudgmentOrder on Motion for Judgment on the Pleadings by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
June 29, 2018 Opinion or Order Filing 1134 NOTICE of Appearance by Thomas B. Bays on behalf of Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Bays, Thomas)
June 28, 2018 Opinion or Order Filing 1133 AMENDED ORDER granting Plaintiffs' #1130 Motion to Maintain Documents Under Seal. The Clerk shall maintain under seal the Court's June 18, 2018, Opinion and Order [Filing No. 1118] as well as Lilly's Brief in Support of Motion to Seal and the attached exhibit. [Filing Nos. 1131, 1131-1.] Within 7 days, Lilly shall file a redacted version of the June 18, 2018, Opinion, consistent with Filing No. 1131-1, to be available on the public docket. Signed by Magistrate Judge Tim A. Baker on 6/28/2018.(SWM) (Main Document 1133 replaced on 6/28/2018) (SWM).
June 27, 2018 Opinion or Order Filing 1132 ORDER granting Plaintiffs' #1130 Motion to Maintain Documents Under Seal. The Clerk shall maintain under seal the Court's June 18, 2018, Opinion and Order [Filing No. 1118] as well as Lilly's Brief in Support of Motion to Seal and the attached exhibit. [Filing Nos. 1130, 1130-1.] Within 7 days, Lilly shall file a redacted version of the June 18, 2018, Opinion, consistent with Filing No. 1130-1, to be available on the public docket. Signed by Magistrate Judge Tim A. Baker on 6/27/2018. (SWM)
June 25, 2018 Opinion or Order Filing 1131 *** SEALED PER ORDER DATED 6/28/2018 *** SEALED Brief in Support, re #1130 Motion to Seal Document/Maintain Document Under Seal, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Proposed Redactions for June 18, 2018 Order)(Leagre, Ryan) Modified on 6/28/2018 (SWM).
June 25, 2018 Opinion or Order Filing 1130 MOTION to Maintain Document Under Seal #1118 Order on Motion for Summary JudgmentOrder on Sealed Motion (Case Participants - doc)Order on Motion for Partial Summary JudgmentOrder on Motion for Judgment on the Pleadings , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
June 21, 2018 Opinion or Order Filing 1129 ORDER granting Plaintiff's #1121 Motion to Maintain Document Under Seal. The Clerk shall maintain Filing No. 1120 under seal pending further order. Signed by Magistrate Judge Tim A. Baker on 6/21/2018. (SWM)
June 21, 2018 Opinion or Order Filing 1128 NOTICE (Corrected) of Dial In Number and Participan Passcode Regarding August 2, 2018 Status Conference, filed by Plaintiff ELI LILLY AND COMPANY, re 1126 Status ConferenceSet Hearings. (Warren, Andrea)
June 21, 2018 Opinion or Order Filing 1127 NOTICE of Dial In Number and Particpant Passcode, filed by Plaintiff ELI LILLY AND COMPANY, re 1126 Status ConferenceSet Hearings. (Warren, Andrea)
June 20, 2018 Opinion or Order Filing 1126 (TEXT ONLY ENTRY) MINUTE ENTRY - TELEPHONIC STATUS CONFERENCE held on 6/20/2018 before Judge Robert L Miller, Jr. Plaintiffs appeared by counsel Andrew J. Detherage, Elizabeth C. Brandon, George M. Plews, and Gregory M. Gotwald. Defendants Arch Insurance Company & Arch Specialty Insurance Company appeared by counsel Frederic Xavier Shadley, Joshua A. Klarfeld, and Megan B. Gramke. Defendant Endurance American Specialty Insurance Company appeared by counsel Matthew G. Novaria and Monica T. Sullivan. Defendant Liberty Insurance Underwriters, Inc. appeared by counsel Ana M. Francisco and Bruce L. Kamplain. Defendant RSUI Indemnity Company appeared by counsel Jason M. Taylor, Kyle M. Dickinson, Michael Robert Giordano, and Michael S. Knippen. Defendant Westchester Surplus Lines Insurance, Co. appeared by counsel Wendy N. Enerson. Defendant XL Insurance America, Inc. appeared by counsel David A. Temple, Eileen K. Bower, and Lindsay C. Donald. Defendant Commercial Union Insurance Company appeared by counsel Charles E. Spevacek, Michael P. McNamee, and Scott A. Harkness. The Court hears from parties. The court STAYED all discovery, discovery deadlines, and discovery-related motions to allow the parties to evaluate the status of the case. The parties shall file any further dispositive motions or Rule 54(b) motions by July 20, 2018. The parties shall then meet and confer. A Telephonic Status Conference is set for 8/2/2018 at 9:00 AM (EDT) before Judge Robert L Miller Jr. Counsel for Eli Lilly and Company is directed to make arrangements for the conference call and to provide all parties and the court with contact information at least three business days before the conference. The parties are advised that use of cell phones is prohibited and that speaker functions must be disabled to avoid technical issues in recording the proceedings. (Court Reporter Debra Bonk) Issued by Judge Robert L. Miller, Jr. (BRR)
June 19, 2018 Opinion or Order Filing 1125 NOTICE of Intent to File Dispositive Motions, filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC. (Kamplain, Bruce)
June 18, 2018 Opinion or Order Filing 1124 REPLY in Support of Motion re #1079 MOTION for Leave to Take Trial Deposition of Allan Borgersen , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Warren, Andrea)
June 18, 2018 Opinion or Order Filing 1123 REDACTION to #1120 SEALED Reply in support of Motion for Partial Summary Judgment as to Personal Injury Coverage by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Pekin Summary Judgment Brief, #2 Exhibit B - Pekin Proposed Order, #3 Exhibit C - Pekin Docket Sheet)(Leagre, Ryan)
June 18, 2018 Opinion or Order Filing 1122 BRIEF/MEMORANDUM in Support re #1121 MOTION to Maintain Document Under Seal #1120 SEALED Reply in support of Motion for Partial Summary Judgment as to Personal Injury Coverage , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
June 18, 2018 Opinion or Order Filing 1121 MOTION to Maintain Document Under Seal #1120 SEALED Reply in support of Motion for Partial Summary Judgment as to Personal Injury Coverage, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
June 18, 2018 Opinion or Order Filing 1120 SEALED REPLY in support of Motion re #1047 MOTION for Summary Judgment on Insurers' Defense Obligations Under Personal Injury Coverage , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Pekin Summary Judgment Brief, #2 Exhibit B - Pekin Proposed Order, #3 Exhibit C - Pekin Docket Sheet)(Leagre, Ryan)
June 18, 2018 Opinion or Order Filing 1119 MINUTE ENTRY - Due to the court's criminal calendar, the telephonic status conference set for June 20, 2018 at 1:15 p.m. is RESET to June 20, 2018 at 1:30 p.m. (This is a text only entry). Signed by Judge Robert L. Miller, Jr on 6/18/2018.(BRR)
June 18, 2018 Opinion or Order Filing 1118 *** SEALED PER ORDER DATED 6/27/2018 *** OPINION and ORDER - 1. The parties' motions for oral argument [Doc. Nos. #461 , #600 ] are DENIED. 2. Arch's motion for summary judgment [Doc. No. #302 ] is: a. DENIED to the extent it moves for summary judgment because Eli Lilly doesn't have standing; b. GRANTED to the extent it moves for summary judgment on Lilly's reformation claims (Counts IV and V) because they are barred by the laches doctrine; and c. GRANTED to the extent it moves for summary judgment because Lilly Brasil doesn't have standing; 3. Lilly's cross motion for partial summary judgment [Doc. No. #457 ] is: a. GRANTED to the extent it seeks a declaratory judgment that Eli Lilly has standing to proceed in this action; b. DENIED to the extent it seeks a declaratory judgment that Lilly Brasil is a named insured under the Arch policies; c. DENIED to the extent it seeks to reform the Arch policies to make Lilly Brasil a named insured; and d. GRANTED to the extent it seeks a declaratory judgment that Brazilian law doesn't bar enforcement of the contract between Lilly and Arch. 4. Lamorak's motion for summary judgment [Doc. No. #369 ] is GRANTED. 5. Lilly's cross motion for partial summary judgment [Doc. No. #482 ] is DENIED. The court will maintain the order under seal for seven days from the date of this order to afford the parties time to request that any part of this order be redacted. Signed by Judge Robert L. Miller, Jr on 6/18/2018. (BRR) Modified on 6/28/2018 (SWM).
June 15, 2018 Opinion or Order Filing 1117 NOTICE Regarding June 20, 2018 Telephonic Status Conference, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA, Counter Defendants ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA, re #1076 Scheduling Order. (Warren, Andrea)
June 13, 2018 Opinion or Order Filing 1116 ORDER ON MOTIONS TO SEAL: The Court grants the following 22 motions to seal: Filing Nos. #949 , #952 , #958 , #963 , #966 , #971 , #979 , #997 , #1002 , #1005 , #1008 , #1014 , #1017 , #1040 , #1050 , #1055 , #1065 , #1074 , #1081 , #1086 , #1093 , and #1109 . In an effort to maintain a clean, legible docket, the Court orders the Clerk to maintain the following docket entries, as well as all of the associated attachments, under seal: Filing Nos. 948, 951, 957, 962, 964, 965, 970, 978, 996, 1001, 1004, 1009, 1013, 1016, 1039, 1049, 1054, 1064, 1073, 1075, 1080, 1085, 1092, and 1108. However, the Court notes that the parties did not seek to seal all of the attachments, as shown in the table above. The documents the parties do not seek to seal are available in their entirety, as included in the redacted versions of the filings. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 6/13/2018. (SWM)
June 13, 2018 Opinion or Order Filing 1115 ORDER - The court GRANTS the Upper Excess Carriers' motion to extend their deadline to respond to Lilly's Motion to Compel Deposition Testimony and Production of Reinsurance Documents [Doc. No. #1114 ] and AFFORDS the Upper Excess Carriers to and including June 22, 2018 to file its response. Signed by Judge Robert L. Miller, Jr on 6/13/2018. (BRR)
June 12, 2018 Opinion or Order Filing 1114 MOTION for Extension of Time to File Response to 06/22/17 re #1108 SEALED MOTION to Compel Deposition Testimony and Production of Reinsurance Documents Per the Court's May 31, 2018 Order , filed by Defendant XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order)(Donald, Lindsay)
June 12, 2018 Opinion or Order Filing 1113 ORDER granting Lilly's #1037 Motion to Redact #1027 Transcript. The court reporter shall prepare and file a redacted version of the official transcript of the telephonic oral argument held on February 28, 2018. Signed by Magistrate Judge Tim A. Baker on 6/12/2018. (SWM)
June 12, 2018 Opinion or Order Filing 1112 MINUTE ENTRY - This order modifies the court's June 11, 2018 order regarding the June 4 and June 6 discovery dispute letters [Doc. No. #1100 ], which had an incorrect date. The parties should attempt to narrow the dispute further within the next 10 days. If they are unable to completely resolve the issue, either party may file a motion of no more than 10 pages, double-spaced, in 12 point, Times New Roman or Bookman Old Style font, on or before June 21, 2018; the responding party shall have 7 days to file a response of no more than 10 pages, double-spaced, in 12 point, Times New Roman or Bookman Old Style font. (TEXT-ENTRY: There is no pdf document associated with this entry.) Entered by Judge Robert L. Miller, Jr on 6/12/2018.(BRR)
June 12, 2018 Opinion or Order Filing 1111 ORDER - The court GRANTS Lilly's motion to extend their deadline to file a reply in support of their Motion for Leave to Take Trial Deposition of Allan Borgersen [Doc. No. #1106 ] and AFFORDS Lilly to and including June 18, 2018 to file its reply. Signed by Judge Robert L. Miller, Jr on 6/12/2018. (BRR)
June 11, 2018 Opinion or Order Filing 1110 REDACTION to #1108 SEALED MOTION to Compel Deposition Testimony and Production of Reinsurance Documents Per the Court's May 31, 2018 Order by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Second Set of Requests for Production Served on Upper Excess Carriers (Westchester Exemplar), #2 Exhibit 2 - Third Set of Requests for Production of Documents Served on Upper Excess Carriers (Westchester Exemplar), #3 Exhibit 3 - Notice of Video Deposition of Edmund Papazian (LIU), #4 Exhibit 4 - Notice of Video Deposition of Todd Baxter (RSUI), #5 Exhibit 5 - Notice of Video Deposition of Ben Steverman (XL), #6 Exhibit 6 - Excerpts from Rough Draft of May 23, 2018 Deposition of Warren Prewett (Sompo) (Placeholder - Filed Under Seal), #7 Exhibit 7 - Excerpts of Rough Draft of April 19, 2018 Deposition of Loran Acton (LIU) (Placeholder - Filed Under Seal), #8 Exhibit 8 - December 2008 emails between Westchester personnel and reinsurers (Placeholder - Filed Under Seal), #9 Exhibit 9 - January 6, 2005 RSUI Reinsurance Binder (Placeholder - Filed Under Seal), #10 Exhibit 10 - April 16 and 19, 2013 emails between Edmund Papazian and Loran Acton (LIU) (Placeholder - Filed Under Seal), #11 Exhibit 11 - April 17, 2013 email from Loran Acton to Edmund Papazian (LIU) (Placeholder - Filed Under Seal), #12 Exhibit 12 - December 9, 2013 handwritten notes of conversatino with "Edmund" (LIU) (Placeholder - Filed Under Seal), #13 Text of Proposed Order)(Fischer, John)
June 11, 2018 Opinion or Order Filing 1109 MOTION to Maintain Document Under Seal #1108 SEALED MOTION to Compel Deposition Testimony and Production of Reinsurance Documents Per the Court's May 31, 2018 Order , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
June 11, 2018 Opinion or Order Filing 1108 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED MOTION to Compel Deposition Testimony and Production of Reinsurance Documents Per the Court's May 31, 2018 Order, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Second Set of Requests for Production Served on Upper Excess Carriers (Westchester Exemplar), #2 Exhibit 2 - Third Set of Requests for Production of Documents Served on Upper Excess Carriers (Westchester Exemplar), #3 Exhibit 3 - Notice of Video Deposition of Edmund Papazian (LIU), #4 Exhibit 4 - Notice of Video Deposition of Todd Baxter (RSUI), #5 Exhibit 5 - Notice of Video Deposition of Ben Steverman (XL), #6 Exhibit 6 - Excerpts from Rough Draft of May 23, 2018 Deposition of Warren Prewett (Sompo), #7 Exhibit 7 - Excerpts of Rough Draft of April 19, 2018 Deposition of Loran Acton (LIU), #8 Exhibit 8 - December 2008 emails between Westchester personnel and reinsurers, #9 Exhibit 9 - January 6, 2005 RSUI reinsurance binder, #10 Exhibit 10 - April 16 and 19, 2013 emails between Edmund Papazian and Loran Acton (LIU), #11 Exhibit 11 - April 17, 2013 email from Loran Acton to Edmund Papazian (LIU), #12 Exhibit 12 - December 9, 2013 handwritten notes of conversatino with "Edmund" (LIU), #13 Text of Proposed Order)(Fischer, John) Modified on 6/13/2018 (SWM).
June 11, 2018 Opinion or Order Filing 1107 MOTION for Leave to File Motion for Oral Argument, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Exhibit Motion for Oral Argument, #2 Exhibit [Proposed] Order Granting Oral Argument, #3 Text of Proposed Order Granting Leave to File Motion for Oral Argument)(Spevacek, Charles)
June 11, 2018 Opinion or Order Filing 1106 First MOTION for Extension of Time to File Reply to June 18, 2018 re #1079 MOTION for Leave to Take Trial Deposition of Allan Borgersen , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Warren, Andrea)
June 11, 2018 Opinion or Order Filing 1105 ***INCORRECT FILING***First MOTION for Extension of Time to File Reply to June 18, 2018 re #1079 MOTION for Leave to Take Trial Deposition of Allan Borgersen , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Warren, Andrea) Modified on 6/11/2018 (REO).
June 11, 2018 Opinion or Order Filing 1104 NOTICE of Appearance by Meghan Eileen Ruesch on behalf of Defendant RSUI INDEMNITY COMPANY. (Ruesch, Meghan)
June 11, 2018 Opinion or Order Filing 1103 NOTICE of Appearance by Michael Robert Giordano on behalf of Defendant RSUI INDEMNITY COMPANY. (Giordano, Michael)
June 11, 2018 Opinion or Order Filing 1102 NOTICE of Appearance by Kyle Andrew Lansberry on behalf of Defendant RSUI INDEMNITY COMPANY. (Lansberry, Kyle)
June 11, 2018 Opinion or Order Filing 1101 NOTICE of Appearance by John Carl Trimble on behalf of Defendant RSUI INDEMNITY COMPANY. (Trimble, John)
June 11, 2018 Opinion or Order Filing 1100 ORDER Regarding June 4 and June 6 Discovery Letters. Signed by Judge Robert L. Miller, Jr. on 6/11/2018.(JD)
June 8, 2018 Opinion or Order Filing 1099 NOTICE of Appearance by Christian P. Jones on behalf of Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Jones, Christian)
June 8, 2018 Opinion or Order Filing 1098 ORDER - The court GRANTS Lilly's motion to extend their deadline to file a reply in support of their Motion for Partial Summary Judgment on the Insurers' Defense Obligations Under Personal Injury Coverage [Doc. No. #1097 ] and AFFORDS Lilly to and including June 18, 2018 to file its reply. Signed by Judge Robert L. Miller, Jr on 6/8/2018. (BRR)
June 7, 2018 Opinion or Order Filing 1097 First MOTION for Extension of Time to File Reply to 6/18/2018 re #1047 MOTION for Summary Judgment on Insurers' Defense Obligations Under Personal Injury Coverage , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Claflin, Jeffrey)
June 6, 2018 Opinion or Order Filing 1096 ORDER granting #1095 Motion to Appear pro hac vice. Attorney Georgia Hatzis for ARCH INSURANCE COMPANY and ARCH SPECIALTY INSURANCE COMPANY added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Georgia Hatzis via US Mail. Signed by Magistrate Judge Tim A. Baker on 6/6/2018. (SWM)
June 5, 2018 Opinion or Order Filing 1095 MOTION for Attorney(s) Georgia Hatzis to Appear pro hac vice (Filing fee $100, receipt number 0756-4913064), filed by Defendant ARCH INSURANCE COMPANY. (Attachments: #1 Exhibit Exhibit A - Certification of Georgia Hatzis, #2 Exhibit Exhibit B - Proposed Order)(Shadley, Frederic)
June 4, 2018 Opinion or Order Filing 1094 BRIEF/MEMORANDUM in Support re #1093 MOTION to Maintain Document Under Seal #1092 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Gotwald, Gregory)
June 4, 2018 Opinion or Order Filing 1093 MOTION to Maintain Document Under Seal #1092 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Gotwald, Gregory)
June 4, 2018 Opinion or Order Filing 1092 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED Sur-Reply in Opposition, re #1080 SEALED Reply in support of Motion, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Gotwald, Gregory) Modified on 6/13/2018 (SWM).
June 4, 2018 Opinion or Order Filing 1091 RESPONSE in Opposition re #1079 MOTION for Leave to Take Trial Deposition of Allan Borgersen , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit Excerpts of Mr. Borgersen Deposition, #2 Exhibit 3/13/2018 Letter from Plaintiffs Counsel to Arch, #3 Exhibit 3/16/2018 Letter from Archs Counsel to Plaintiffs, #4 Exhibit Archs Objections to 30(b)(6) Deposition Notices, #5 Exhibit 4/20/2018 Letter from Plaintiffs Counsel to Arch, #6 Exhibit 4/25/2018 Letter from Archs Counsel to Plaintiffs, #7 Exhibit 5/18/2018 Plaintiffs Notice of Deposition of Mr. Borgersen)(Thomas, Joseph)
May 31, 2018 Opinion or Order Filing 1090 ORDER REGARDING DISCOVERY LETTERS - The purpose of the December 18 order requiring presentation of discovery disputes by letter before heavily documented briefing was to let the court give the disputants its preliminary thoughts, recognizing that the court's view might change if fully informed by such briefing. The hope was that with the court's preliminary views, the parties might narrow or resolve their dispute before launching into the briefing process. Four such letters are before the court; one has been here a long time while the assigned judge handled a relative spate of jury trials. The court turns to those letters. The reader's familiarity with the parties and the issues is assumed. (See Order.) Signed by Judge Robert L. Miller, Jr on 5/31/2018.(BRR)
May 30, 2018 Opinion or Order Filing 1089 ORDER granting Plaintiffs' #1084 Motion for Extension of Time to File Sur-Reply in Opposition to 6/4/2018 re #1038 Second MOTION for Summary Judgment . Signed by Magistrate Judge Tim A. Baker on 5/30/2018. (SWM)
May 25, 2018 Opinion or Order Filing 1088 BRIEF/MEMORANDUM in Support re #1081 MOTION to Maintain Document Under Seal #1080 SEALED Reply in support of Motion , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Gotwald, Gregory)
May 25, 2018 Opinion or Order Filing 1087 REDACTION to #1085 SEALED Response to Motion for Summary Judgment on Insurers' Defense Obligations Under Personal Injury Coverage by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Filed Under Seal)(Thomas, Joseph)
May 25, 2018 Opinion or Order Filing 1086 MOTION to Maintain Document Under Seal #1085 SEALED Response to Motion for Summary Judgment on Insurers' Defense Obligations Under Personal Injury Coverage, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
May 25, 2018 Opinion or Order Filing 1085 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED RESPONSE re #1047 MOTION for Summary Judgment on Insurers' Defense Obligations Under Personal Injury Coverage , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Lilly Brazil's Interrogatory Answers)(Thomas, Joseph) Modified on 6/13/2018 (SWM).
May 25, 2018 Opinion or Order Filing 1084 Unopposed MOTION for Extension of Time to File Response to June 4, 2018 re #1038 Second MOTION for Summary Judgment (Sur-reply), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Claflin, Jeffrey)
May 25, 2018 Opinion or Order Filing 1083 RESPONSE in Opposition re #1047 MOTION for Summary Judgment on Insurers' Defense Obligations Under Personal Injury Coverage , filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Thompson, Michael)
May 21, 2018 Opinion or Order Filing 1082 REDACTION to #1080 SEALED Reply in support of Motion by COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Declaration of Michael McNamee, #2 Exhibit A - Lassen Memo)(Spevacek, Charles)
May 21, 2018 Opinion or Order Filing 1081 MOTION to Maintain Document Under Seal #1080 SEALED Reply in support of Motion , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Spevacek, Charles)
May 21, 2018 Opinion or Order Filing 1080 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED REPLY in support of Motion re #1038 Second MOTION for Summary Judgment , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Declaration of Michael McNamee, #2 Exhibit A - Lassen Memo)(Spevacek, Charles) Modified on 6/13/2018 (SWM).
May 21, 2018 Opinion or Order Filing 1079 MOTION for Leave to Take Trial Deposition of Allan Borgersen, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Borgersen Deposition Excerpt, #2 Text of Proposed Order Proposed Order)(Warren, Andrea)
May 18, 2018 Opinion or Order Filing 1078 ORDER granting Plaintiffs' #1077 Agreed Motion for Extension of Expert Disclosure Deadlines. See Order for established deadlines. Signed by Magistrate Judge Tim A. Baker on 5/18/2018. (SWM)
May 16, 2018 Opinion or Order Filing 1077 Joint MOTION for Extension of Time to July 15, 2018 for Expert Disclosure Deadlines, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order Proposed Order)(Detherage, Andrew)
May 9, 2018 Opinion or Order Filing 1076 ORDER - On its own motion, the court sets a telephonic status conference in this matter for June 20, 2018, at 1:15 p.m. to discuss the status of the case, though without argument on the merits of any pending or anticipated motion. Counsel for Eli Lilly and Company is directed to make arrangements for the conference call and to provide all parties and the court with contact information at least three business days before the conference. The parties are advised that use of cell phones is prohibited and that speaker functions must be disabled to avoid technical issues in recording the proceedings. Signed by Judge Robert L. Miller, Jr on 5/9/2018. (BRR)
May 7, 2018 Opinion or Order Filing 1075 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED Brief in Support, re #1074 Motion to Seal Document/Maintain Document Under Seal, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Proposed Redactions to Response Brief)(Gotwald, Gregory) Modified on 6/13/2018 (SWM).
May 7, 2018 Opinion or Order Filing 1074 MOTION to Maintain Document Under Seal #1073 SEALED Response to Motion for Summary Judgment on Pollution Exlusion, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Gotwald, Gregory)
May 7, 2018 Opinion or Order Filing 1073 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED RESPONSE re #1038 Second MOTION for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Appendix A - Index of Opinions, #2 Appendix A-1 State Farm v. Cefali, #3 Appendix A-2 EMI Co. v. Royal, #4 Appendix A-3 Henschen Oil v. Burris, #5 Appendix A-4 General Housewares v. CNA, #6 Appendix A-5 Crown Int'l v. Great Northern, #7 Appendix A-6 Reliance v. Raybestos, #8 Appendix A-7 Pollution Control v. Greenwich, #9 Appendix A-8 1100 West v. Travelers, #10 Appendix A-9 Thomson v. Am. Guar., #11 Exhibit 1 Comm. Union 1978-1981 policy)(Gotwald, Gregory) Modified on 6/13/2018 (SWM).
May 1, 2018 Opinion or Order Filing 1072 REPLY in Support of Motion re #1058 MOTION to Bifurcate Phase I Proceedings, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Harkness, Scott)
April 24, 2018 Opinion or Order Filing 1071 RESPONSE in Opposition re #1058 MOTION to Bifurcate , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
April 23, 2018 Opinion or Order Filing 1070 RESPONSE to Motion re #1059 MOTION UPPER EXCESS CARRIERS MOTION FOR TELEPHONIC STATUS CONFERENCE TO ADDRESS THE SCOPE OF PHASE I , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Spevacek, Charles)
April 23, 2018 Opinion or Order Filing 1069 ORDER - Plaintiffs Eli Lilly and Company and Eli Lilly do Brasil, Ltda. filed a motion to extend their deadline to respond to Defendant Lamorak Insurance Company's Second Motion for Summary Judgment, [Doc. No. #1068 ], on Friday, April 20, 2018. Lilly's response is currently due on April 23, 2018. Lilly requests that the court afford Lilly twenty-eight days, to and including May 21, 2018, to respond to the motion. The court GRANTS the motion to the extent it seeks an extension, but DENIES it to the extent it seeks a 28-day extension. Instead, the court AFFORDS Lilly 14 days, to and including May 7, 2018, to respond. Signed by Judge Robert L. Miller, Jr on 4/23/2018. (BRR)
April 20, 2018 Opinion or Order Filing 1068 MOTION for Extension of Time to File Response to 5/21/2018 re #1038 Second MOTION for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Claflin, Jeffrey)
April 19, 2018 Opinion or Order Filing 1067 REDACTION to #1064 SEALED Reply in support of Motion to Reconsider by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
April 19, 2018 Opinion or Order Filing 1066 BRIEF/MEMORANDUM in Support re #1065 MOTION to Maintain Document Under Seal #1064 SEALED Reply in support of Motion to Reconsider , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
April 19, 2018 Opinion or Order Filing 1065 MOTION to Maintain Document Under Seal #1064 SEALED Reply in support of Motion to Reconsider, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
April 19, 2018 Opinion or Order Filing 1064 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED REPLY in support of Motion re #1049 SEALED MOTION to Reconsider Order Granting Arch's Motion to Supplement the Summary Judgment Record [Dkt. 1042] , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin) Modified on 6/13/2018 (SWM).
April 17, 2018 Opinion or Order Filing 1063 RESPONSE in Opposition re #1059 MOTION UPPER EXCESS CARRIERS MOTION FOR TELEPHONIC STATUS CONFERENCE TO ADDRESS THE SCOPE OF PHASE I , filed by Plaintiff ELI LILLY AND COMPANY. (Brandon, Elizabeth)
April 13, 2018 Opinion or Order Filing 1062 ORDER - granting #1061 Motion for Extension of Time to File Response to 5/25/2018 re #1047 MOTION for Summary Judgment on Insurers' Defense Obligations Under Personal Injury Coverage. Signed by Judge Robert L. Miller, Jr on 4/13/2018. (BRR)
April 12, 2018 Opinion or Order Filing 1061 Unopposed MOTION for Extension of Time to File Response to 5/25/2018 re #1047 MOTION for Summary Judgment on Insurers' Defense Obligations Under Personal Injury Coverage , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY, ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order)(Thompson, Michael)
April 12, 2018 Opinion or Order Filing 1060 RESPONSE in Opposition re #1049 SEALED MOTION to Reconsider Order Granting Arch's Motion to Supplement the Summary Judgment Record [Dkt. 1042] , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A- July 21, 2015 Document Production Cover Letter, #2 Exhibit B- March 1, 2016 Document Production Cover Letter, #3 Exhibit C- April 4, 2018 Email from M. Gramke)(Thomas, Joseph)
April 10, 2018 Opinion or Order Filing 1059 MOTION UPPER EXCESS CARRIERS MOTION FOR TELEPHONIC STATUS CONFERENCE TO ADDRESS THE SCOPE OF PHASE I, filed by Defendant WESTCHESTER SURPLUS LINES INSURANCE CO.. (Attachments: #1 Exhibit A 02-12-18 letter to defendants, #2 Exhibit B - 03-13-18 letter to defendants, #3 Text of Proposed Order Proposed Order)(Enerson, Wendy)
April 10, 2018 Opinion or Order Filing 1058 MOTION to Bifurcate , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Spevacek, Charles)
April 3, 2018 Opinion or Order Filing 1057 REDACTION to #1054 SEALED Reply in support of Motion to Redact Transcript by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
April 3, 2018 Opinion or Order Filing 1056 BRIEF/MEMORANDUM in Support re #1055 MOTION to Maintain Document Under Seal #1054 SEALED Reply in support of Motion to Redact Transcript , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
April 3, 2018 Opinion or Order Filing 1055 MOTION to Maintain Document Under Seal #1054 SEALED Reply in support of Motion to Redact Transcript, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
April 3, 2018 Opinion or Order Filing 1054 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED REPLY in support of Motion re #1037 MOTION to Redact #1027 Transcript , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin) Modified on 6/13/2018 (SWM).
March 30, 2018 Opinion or Order Filing 1053 ORDER granting #1043 Motion to Appear pro hac vice. Attorney Danielle C. Dorby for COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Danielle C. Dorby via US Mail. Signed by Magistrate Judge Tim A. Baker on 3/30/2018. (SWM)
March 29, 2018 Opinion or Order Filing 1052 REDACTION to #1049 SEALED MOTION to Reconsider Order Granting Arch's Motion to Supplement the Summary Judgment Record [Dkt. 1042] by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - March 13, 2018 Notice of Video Deposition of Francine DeMeo, #2 Exhibit 2 - Lilly's Third Set of Requests for Production on Arch, #3 Exhibit 3 - February 12, 2018 letter from Megan Gramke to Counsel for All Parties, #4 Text of Proposed Order)(Fischer, John)
March 29, 2018 Opinion or Order Filing 1051 BRIEF/MEMORANDUM in Support re #1050 MOTION to Maintain Document Under Seal #1049 SEALED MOTION to Reconsider Order Granting Arch's Motion to Supplement the Summary Judgment Record [Dkt. 1042] , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
March 29, 2018 Opinion or Order Filing 1050 MOTION to Maintain Document Under Seal #1049 SEALED MOTION to Reconsider Order Granting Arch's Motion to Supplement the Summary Judgment Record [Dkt. 1042] , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
March 29, 2018 Opinion or Order Filing 1049 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED MOTION to Reconsider Order Granting Arch's Motion to Supplement the Summary Judgment Record [Dkt. 1042], filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - March 13, 2018 Notice of Video Deposition of Francine DeMeo, #2 Exhibit 2 - Lilly's Third Set of Requests for Production on Arch, #3 Exhibit 3 - February 12, 2018 letter from Megan Gramke to Counsel for All Parties, #4 Text of Proposed Order)(Fischer, John) Modified on 6/13/2018 (SWM).
March 28, 2018 Opinion or Order Filing 1048 BRIEF/MEMORANDUM in Support re #1047 MOTION for Summary Judgment on Insurers' Defense Obligations Under Personal Injury Coverage , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Appendix A - PI Coverage Grant & Definition, #2 Appendix B - Excess Policies Underlying Declarations, #3 Appendix Exhibit List, #4 Exhibit A - Mar. 28, 2018 Declaration of G. Gotwald, #5 Exhibit A-1 Arch Spe. Policy #72UFP1326600, #6 Exhibit A-2 Arch Spe. Policy #72UFP1326601, #7 Exhibit A-3 Arch Spe. Policy #UFP0003516-00, #8 Exhibit A-4 Arch Spe. Policy #UFP0003516-01, #9 Exhibit A-5 Arch Spe. Policy #UFP0003516-02, #10 Exhibit A-6 Arch Spe. Policy #UFP0003516-03, #11 Exhibit A-7 Arch Spe. Policy #UFP0003516-04, #12 Exhibit A-8 Arch Policy #UXP0031032-00, #13 Exhibit A-9 Arch Spe. Policy #UFP0003516-05, #14 Exhibit A-10 Arch Policy #UXP0031032-01, #15 Exhibit A-11 Arch Spe. Policy #UFP0042046-00, #16 Exhibit A-12 Arch Policy #UXP0042046-00, #17 Exhibit A-13 Arch Spe. Policy #UFP0042046-01, #18 Exhibit A-14 Arch Policy #UXP0042041-01, #19 Exhibit A-15 Arch Spe. Policy #UFP0042046-02, #20 Exhibit A-16 Arch Policy #UXP0042041-02, #21 Exhibit A-17 RSUI Policy #NHA210769, #22 Exhibit A-18 RSUI Policy #NHA210780, #23 Exhibit A-19 RSUI Policy #NHA213230, #24 Exhibit A-20 RSUI Policy #NHA213231, #25 Exhibit A-21 RSUI Policy #NHA215441, #26 Exhibit A-22 RSUI Policy #NHA215443, #27 Exhibit A-23 RSUI Policy #NHA217898, #28 Exhibit A-24 RSUI Policy #NHA217899, #29 Exhibit A-25 RSUI Policy #NHA220361, #30 Exhibit A-26 RSUI Policy #NHA220362, #31 Exhibit A-27 RSUI Policy #NHA222900, #32 Exhibit A-28 RSUI Policy #NHA222901, #33 Exhibit A-29 RSUI Policy #NHA225115, #34 Exhibit A-30 RSUI Policy #NHA225117, #35 Exhibit A-31 RSUI Policy #NHA055096, #36 Exhibit A-32 RSUI Policy #NHA055097, #37 Exhibit A-33 RSUI Policy #NHA058738, #38 Exhibit A-34 RSUI Policy #NHA058740, #39 Exhibit A-35 RSUI Policy #NHA062062, #40 Exhibit A-36 RSUI Policy #NHA062063, #41 Exhibit A-37 LIU Policy #LQ1-B71-181395014, #42 Exhibit A-38 LIU Policy #LQ1-B71-181396014, #43 Exhibit A-39 LIU Policy #LQ1-B71-181395024, #44 Exhibit A-40 LIU Policy #LQ1-B71-181396024, #45 Exhibit A-41 LIU Policy #LQ1-B71-181395034, #46 Exhibit A-42 LIU Policy #LQ1-B71-181396034, #47 Exhibit A-43 LIU Policy #LQ1-B71-181395044, #48 Exhibit A-44 LIU Policy #LQ1-B71-181396044, #49 Exhibit A-45 LIU Policy #LQ1-B71-181395054, #50 Exhibit A-46 LIU Policy #LQ1-B71-181396054, #51 Exhibit A-47 LIU Policy #LQ1-B71-181395064, #52 Exhibit A-48 LIU Policy #LQ1-B71-181396064, #53 Exhibit A-49 LIU Policy #LQ1-B71-181395074, #54 Exhibit A-50 LIU Policy #LQ1-B71-181396074, #55 Exhibit A-51 LIU Policy #EXCSF181395-8, #56 Exhibit A-52 LIU Policy #EXCSF181396-8, #57 Exhibit A-53 LIU Policy #EXCSF181395-9, #58 Exhibit A-54 LIU Policy #EXCSF181396-9, #59 Exhibit A-55 LIU Policy #EXCSF181395-10, #60 Exhibit A-56 LIU Policy #EXCSF181396-10, #61 Exhibit A-57 XL Policy #US00007658L105A, #62 Exhibit A-58 XL Policy #US00007658L107A, #63 Exhibit A-59 XL Policy #US00007658L108A, #64 Exhibit A-60 Endurance Policy #ELD10001178200, #65 Exhibit A-61 Endurance Policy #ELD10001862700, #66 Exhibit A-62 Endurance Policy #ELD10002931100, #67 Exhibit A-63 Endurance Policy #ELD10002931101, #68 Exhibit A-64 Endurance Policy #ELD10003843800, #69 Exhibit A-65 Westchester Policy #G24051730001, #70 Exhibit A-66 Westchester Policy #G24051730002, #71 Exhibit A-67 Westchester Policy #G24051730003, #72 Exhibit A-68 Westchester Policy #G24051730004, #73 Exhibit B - Mar. 28, 2018 4th Affidavit of M. Saltsgaver, #74 Exhibit B-1 XL Policy #US00007658L104A, #75 Exhibit B-2 XL Policy #US00007658L106A, #76 Exhibit C - Royal Crown v. Cincinnati Ins., #77 Exhibit D - Ins. Mkting. & Mgmt. v. Allied, #78 Exhibit E - Pulse Engineering v. Federal Ins. Co., #79 Exhibit F - CGB Enterprises v. Old Republic, #80 Exhibit G - Heritage v. Sentry, #81 Exhibit H - Mar. 28, 2018 Eli Lilly Brasil Resp. to Lam. Interrogs.)(Gotwald, Gregory)
March 28, 2018 Opinion or Order Filing 1047 MOTION for Summary Judgment on Insurers' Defense Obligations Under Personal Injury Coverage, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Gotwald, Gregory)
March 28, 2018 Opinion or Order Filing 1046 DECLARATION of Francine Minervini Supplementing the Record re #864 SEALED Motion (Case Participants - doc) by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Loss Runs, #2 Exhibit B - Email)(Thomas, Joseph)
March 28, 2018 Opinion or Order Filing 1045 ORDER granting Plaintiffs' #1033 Motion to Withdraw Docket Entry 1031. Signed by Magistrate Judge Tim A. Baker on 3/28/2018. (SWM)
March 27, 2018 Opinion or Order Filing 1044 RESPONSE in Opposition re #1037 MOTION to Redact #1027 Transcript , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
March 26, 2018 Opinion or Order Filing 1043 MOTION for Attorney Danielle C. Dobry to Appear pro hac vice (Filing fee $100.00, receipt number IP059802), filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order, #2 Cover Letter, #3 Envelope)(CBU)
March 26, 2018 Opinion or Order Filing 1042 ORDER granting #1029 Motion that the Arch defendants shall have three days from the date of this order to file its supplement and link it to the appropriate motion. Signed by Judge Robert L. Miller, Jr on 3/26/2018. (CBU)
March 26, 2018 Opinion or Order Filing 1041 REDACTION to #1039 SEALED Document (Case Participants - doc) by COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 McNamee Declaration, #2 Exhibit 1 - Licco Technical Assistant Report, #3 Exhibit 2 - 2006 Risk Assessment Report Update, #4 Exhibit 3 - 1984 Letter of Agreement and Amendments, #5 Exhibit 4 - 1993 Policy Renewal Presentation and Cover Letter, #6 Exhibit 5 - 1996 Letter of Agreement, #7 Exhibit 6 - 1986 Mead Memo to Kerr, #8 Exhibit 7 - 1986 Kerr Memo to Mead, #9 Exhibit 8 - 1985-1988 Commercial Union GL Policy, #10 Exhibit 9 - 1988-1991 Commercial Union GL Policy, #11 Exhibit 10 - Sarides Memo, #12 Exhibit 11 - Doherty Handwritten Memo, #13 Exhibit 12 - 1991 Mead Memo to Doherty, #14 Exhibit 13 - Mead Handwritten ISO Comparison, #15 Exhibit 14 - Mead Handwritten Significant Deviations Memo, #16 Exhibit 15 - 1991-1994 Commercial Union GL Policy, #17 Exhibit 16 - 1994-1997 Commercial Union GL Policy)(Spevacek, Charles)
March 26, 2018 Opinion or Order Filing 1040 MOTION to Maintain Document Under Seal #1039 SEALED Document (Case Participants - doc) , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Spevacek, Charles)
March 26, 2018 Opinion or Order Filing 1039 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED Memorandum in Support, re #1038 Motion for Summary Judgment, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 McNamee Declaration, #2 Exhibit 1 - Licco Technical Assistant Report, #3 Exhibit 2 - 2006 Risk Assessment Report Update, #4 Exhibit 3 - 1984 Letter of Agreement and Amendments, #5 Exhibit 4 - 1993 Policy Renewal Presentation and Cover Letter, #6 Exhibit 5 - 1996 Letter of Agreement, #7 Exhibit 6 - 1986 Mead Memo to Kerr, #8 Exhibit 7 - 1986 Kerr Memo to Mead, #9 Exhibit 8 - 1985-1988 Commercial Union GL Policy, #10 Exhibit 9 - 1988-1991 Commercial Union GL Policy, #11 Exhibit 10 - Sarides Memo, #12 Exhibit 11 - Doherty Handwritten Memo, #13 Exhibit 12 - 1991 Mead Memo to Doherty, #14 Exhibit 13 - Mead Handwritten ISO Comparison, #15 Exhibit 14 - Mead Handwritten Significant Deviations Memo, #16 Exhibit 15 - 1991-1994 Commercial Union GL Policy, #17 Exhibit 16 - 1994-1997 Commercial Union GL Policy)(Spevacek, Charles) Modified on 6/13/2018 (SWM).
March 26, 2018 Opinion or Order Filing 1038 Second MOTION for Summary Judgment , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Spevacek, Charles)
March 23, 2018 Opinion or Order Filing 1037 MOTION to Redact #1027 Transcript , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
March 20, 2018 Opinion or Order Filing 1036 BRIEF/MEMORANDUM in Support Reply in Support of Motion re #1017 Amended MOTION to Maintain Document Under Seal #1016 SEALED Reply in support of Motion for Summary Judgment on Standing and Reformation (CORRECTED) and Statement Authorizing the Unsealing of Certain Documents, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
March 20, 2018 Opinion or Order Filing 1035 REPLY in Support of Motion re #1014 Amended MOTION to Maintain Document Under Seal #1013 Amended SEALED MOTION to Supplement the Summary Judgment Record Between Lilly and Arch , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
March 19, 2018 Opinion or Order Filing 1034 ORDER - granting #1028 Motion re Agreed Order Governing Rule 30(b)(6) Deposition of Non-Party JLT Specialty, Ltd. (See Agreed Order.) Signed by Judge Robert L. Miller, Jr on 3/19/2018. (BRR)
March 19, 2018 Opinion or Order Filing 1033 MOTION to Withdraw #1031 Submission , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Withdraw Docket Entry 1031)(Detherage, Andrew)
March 19, 2018 Opinion or Order Filing 1032 Submission of Proposed Order , re #1028 Joint MOTION - Tender of Agreed Order Governing Rule 30(b)(6) Deposition of Non-Party JLT Specialty LTD., filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Detherage, Andrew)
March 19, 2018 Opinion or Order Filing 1031 *** WITHDRAWN PER ORDER DATED 3/28/2018 - DKT. NO. #1045 *** Submission of Proposed Order , re #1028 Joint MOTION - Tender of Agreed Order Governing Rule 30(b)(6) Deposition of Non-Party JLT Specialty LTD., filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Detherage, Andrew) Modified on 3/28/2018 (SWM).
March 16, 2018 Opinion or Order Filing 1030 BRIEF/MEMORANDUM in Support re #1005 MOTION to Maintain Document Under Seal #1004 SEALED Document (Case Participants - doc) (Lilly's Surreply in Opposition to Arch's Motion for Summary Judgment) , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
March 16, 2018 Opinion or Order Filing 1029 MOTION to Supplement the Summary Judgment Record, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Affidavit Declaration of Francine Minervini, #2 Text of Proposed Order)(Thomas, Joseph)
March 16, 2018 Opinion or Order Filing 1028 Joint MOTION - Tender of Agreed Order Governing Rule 30(b)(6) Deposition of Non-Party JLT Specialty LTD., filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Detherage, Andrew)
March 13, 2018 Opinion or Order Filing 1027 TRANSCRIPT of Teleconference Oral Argument held on 2/28/18 before Judge Robert L. Miller, Jr. (29 pages.) Court Reporter/Transcriber: Debra Bonk (Telephone: 574-246-8039). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 4/3/2018. Release of Transcript Restriction set for 6/11/2018. (Bonk, Debra)(Howie-Walters, Laura)
March 13, 2018 Opinion or Order Filing 1026 NOTICE of FILING of OFFICIAL TRANSCRIPT of Oral Argument held before Judge Robert L. Miller, Jr on 02/28/18 (Howie-Walters, Laura)(Bonk, Debra)
March 13, 2018 Opinion or Order Filing 1025 ORDER ON PLAINTIFFS' MOTION TO COMPEL REINSURANCE DOCUMENTS - The motion of plaintiffs Eli Lilly and Company and Eli Lilly do Brasil Ltda. to compel, Doc. No. 970, is GRANTED in part and DENIED in part. (See Order.) Signed by Judge Robert L. Miller, Jr on 3/13/2018. (BRR)
March 9, 2018 Opinion or Order Filing 1024 BRIEF/MEMORANDUM in Support re #979 MOTION to Maintain Document Under Seal #978 SEALED Reply in support of Motion for Rule 56(d) Relief , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
March 8, 2018 Opinion or Order Filing 1023 REPLY in Support of Motion re #958 MOTION to Maintain Document Under Seal #957 SEALED Reply in support of Motion for Leave to File Third Amended Complaint , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
March 8, 2018 Opinion or Order Filing 1022 ORDER - Plaintiffs Eli Lilly and Company and Eli Lilly do Brasil Ltda. ("plaintiffs") filed a motion for leave to supplement plaintiffs' response to Defendants Arch Insurance Company's and Arch Specialty Insurance Company's (collectively, "Arch") motion for summary judgment with documents Arch has produced after plaintiffs filed their response. The court granted that motion on February 26, 2018. [Doc. No. #988 ]. Thereafter, plaintiffs withdrew its motion for leave to supplement because of a clawback request from the Arch Defendants. Plaintiffs replaced Exhibits 39, 40, 41, and 42 with new versions of these exhibits provided by Arch and filed a corrected motion for leave to supplement on March 7, 2018. The court, finding such motion to be for good cause, hereby GRANTS said corrected motion for leave to supplement [Doc. No. #1013 ]. Exhibits 1-42 to plaintiffs' corrected motion to supplement are incorporated into the record for the summary judgment briefing between plaintiffs and Arch. Signed by Judge Robert L. Miller, Jr on 3/8/2018. (BRR)
March 8, 2018 Opinion or Order Filing 1021 ORDER - Plaintiffs Eli Lilly and Company and Eli Lilly do Brasil, Ltda. (collectively, "plaintiffs ") have moved the court to withdraw Docket Entries #975 , #976 , #977 , #982 , #983 , #984 , and #985 , and to permit plaintiffs to refile corrected versions of these documents. [Dkt. #1012 ] The court finds that plaintiffs' motion is for good cause and is GRANTED. IT IS THEREFORE ORDERED that Docket Entries 975, 976, 977, 982, 983, 984, and 985 are hereby WITHDRAWN. Any of these documents that were previously-filed under seal shall remain under seal and any motion to seal same should be shown as GRANTED. Signed by Judge Robert L. Miller, Jr on 3/8/2018. (BRR)
March 8, 2018 Opinion or Order Filing 1020 NOTICE of Appearance by Jason M. Taylor on behalf of Defendant RSUI INDEMNITY COMPANY. (Taylor, Jason)
March 7, 2018 Opinion or Order Filing 1019 REDACTION to #1016 SEALED Reply in support of Motion for Summary Judgment on Standing and Reformation (CORRECTED) by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Nov. 30, 2017 Saltsgaver Dep. Vol. III Excerpts, #2 Exhibit 2 - Apr. 5, 2017 Clemens Dep. Excerpts, #3 Exhibit 3 - Nov. 11, 2015 Ross Dep. Excerpts, #4 Exhibit 4 - REDACTED Mar. 23, 2016 Touchstone Dep. Excerpts, #5 Exhibit 5 - WITHHELD June 2, 2017 Arch 6th Memorandum, #6 Exhibit 6 - Mar. 23, 2017 Saltsgaver Dep. Vol. I Excerpts, #7 Exhibit 7 - Feb. 23, 2018 Affidavit of Ryan Leagre, #8 Exhibit 8 - REDACTED Jan. 6, 2017 Lilly Am. Interrog. Resp., #9 Exhibit 9 - Oct. 3, 2017 Arch RFA Responses, #10 Exhibit 10 - Feb. 26, 2016 Piza Dep. Excerpts, #11 Exhibit 11 - REDACTED Chart of Undisputed Facts)(Leagre, Ryan)
March 7, 2018 Opinion or Order Filing 1018 BRIEF/MEMORANDUM in Support re #1017 Amended MOTION to Maintain Document Under Seal #1016 SEALED Reply in support of Motion for Summary Judgment on Standing and Reformation (CORRECTED) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
March 7, 2018 Opinion or Order Filing 1017 Amended MOTION to Maintain Document Under Seal #1016 SEALED Reply in support of Motion for Summary Judgment on Standing and Reformation (CORRECTED), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
March 7, 2018 Opinion or Order Filing 1016 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED REPLY in support of Motion re #457 SEALED Cross Motion for Partial Summary Judgment on Standing and Reformation (CORRECTED), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Nov. 30, 2017 Saltsgaver Dep. Vol. III Excerpts, #2 Exhibit 2 - Apr. 5, 2017 Clemens Dep. Excerpts, #3 Exhibit 3 - Nov. 11, 2015 Ross Dep. Excerpts, #4 Exhibit 4 - Mar. 23, 2016 Touchstone Dep. Excerpts, #5 Exhibit 5 - June 2, 2017 Arch 6th Memorandum, #6 Exhibit 6 - Mar. 23, 2017 Saltsgaver Dep. Vol. I Excerpts, #7 Exhibit 7 - Feb. 23, 2018 Affidavit of Ryan Leagre, #8 Exhibit 8 - Jan. 6, 2017 Lilly Am. Interrog. Resp., #9 Exhibit 9 - Oct. 3, 2017 Arch RFA Responses, #10 Exhibit 10 - Feb. 26, 2016 Piza Dep. Excerpts, #11 Exhibit 11 - Chart of Undisputed Facts)(Leagre, Ryan) Modified on 6/13/2018 (SWM).
March 7, 2018 Opinion or Order Filing 1015 REDACTION to #1013 Amended SEALED MOTION to Supplement the Summary Judgment Record Between Lilly and Arch by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Memo 2003-2004 72UFP1326600, #2 Exhibit 2 - Memo 2004-2005 72UFP1326601, #3 Exhibit 3 - Memo 2005-2006 UFP000351600, #4 Exhibit 4 - Memo 2006-2007 UFP000351601, #5 Exhibit 5 - Memo 2007-2008 UFP000351602, #6 Exhibit 6 - Memo 2008-2009 UFP000351603, #7 Exhibit 7 - Memo 2009-2010 UFP000351604, #8 Exhibit 8 - 2nd Memo 2004-2005 72UFP1326601, #9 Exhibit 9 - 2nd Memo 2006-2007 UFP000351601, #10 Exhibit 10 - 2nd Memo 2008-2009 UFP000351603, #11 Exhibit 11 - 2nd Memo 2009-2010 UFP000351604, #12 Exhibit 12 - 2nd Memo 2003-2004 72UFP1326600, #13 Exhibit 13 - 2nd Memo 2005-2006 UFP000351600, #14 Exhibit 14 - 2nd Memo 2007-2008 UFP000351602, #15 Exhibit 15 - 3rd Memo 2003-2004 72UFP1326600, #16 Exhibit 16 - 3rd Memo 2004-2005 72UFP1326601, #17 Exhibit 17 - 3rd Memo 2005-2006 UFP000351600, #18 Exhibit 18 - 3rd Memo 2006-2007 UFP000351601, #19 Exhibit 19 - 3rd Memo 2007-2008 UFP000351602, #20 Exhibit 20 - 3rd Memo 2008-2009 UFP000351603, #21 Exhibit 21 - 3rd Memo 2009-2010 UFP000351604, #22 Exhibit 22 - 4th Memo 2003-2004 72UFP1326600, #23 Exhibit 23 - 4th Memo 2004-2005 72UFP1326601, #24 Exhibit 24 - 4th Memo 2005-2006 UFP000351600, #25 Exhibit 25 - 4th Memo 2006-2007 UFP000351601, #26 Exhibit 26 - 4th Memo 2007-2008 UFP000351602, #27 Exhibit 27 - 4th Memo 2008-2009 UFP000351603, #28 Exhibit 28 - 4th Memo 2009-2010 UFP000351604, #29 Exhibit 29 - 5th Memo 2003-2004 72UFP1326600, #30 Exhibit 30 - 5th Memo 2004-2005 72UFP1326601, #31 Exhibit 31 - 5th Memo 2005-2006 UFP000351600, #32 Exhibit 32 - 5th Memo 2006-2007 UFP000351601, #33 Exhibit 33 - 5th Memo 2007-2008 UFP000351602, #34 Exhibit 34 - 5th Memo 2008-2009 UFP000351603, #35 Exhibit 35 - 5th Memo 2009-2010 UFP000351604, #36 Exhibit 36 - 6th Memo 2003-2004 72UFP1326600, #37 Exhibit 37 - 6th Memo 2004-2005 72UFP1326601, #38 Exhibit 38 - 6th Memo 2005-2006 UFP000351600, #39 Exhibit 39 - 6th Memo 2006-2007 UFP000351601, #40 Exhibit 40 - 6th Memo 2007-2008 UFP000351602, #41 Exhibit 41 - 6th Memo 2008-2009 UFP000351603, #42 Exhibit 42 - 6th Memo 2009-2010 UFP000351604, #43 Text of Proposed Order)(Leagre, Ryan) Modified on 3/8/2018 (BRR).
March 7, 2018 Opinion or Order Filing 1014 Amended MOTION to Maintain Document Under Seal #1013 Amended SEALED MOTION to Supplement the Summary Judgment Record Between Lilly and Arch , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
March 7, 2018 Opinion or Order Filing 1013 *** SEALED PER ORDER DATED 6/13/2018 *** Amended SEALED MOTION to Supplement the Summary Judgment Record Between Lilly and Arch, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Memo 2003-2004 72UFP1326600, #2 Exhibit 2 - Memo 2004-2005 72UFP1326601, #3 Exhibit 3 - Memo 2005-2006 UFP000351600, #4 Exhibit 4 - Memo 2006-2007 UFP000351601, #5 Exhibit 5 - Memo 2007-2008 UFP000351602, #6 Exhibit 6 - Memo 2008-2009 UFP000351603, #7 Exhibit 7 - Memo 2009-2010 UFP000351604, #8 Exhibit 8 - 2nd Memo 2004-2005 72UFP1326601, #9 Exhibit 9 - 2nd Memo 2006-2007 UFP000351601, #10 Exhibit 10 - 2nd Memo 2008-2009 UFP000351603, #11 Exhibit 11 - 2nd Memo 2009-2010 UFP000351604, #12 Exhibit 12 - 2nd Memo 2003-2004 72UFP1326600, #13 Exhibit 13 - 2nd Memo 2005-2006 UFP000351600, #14 Exhibit 14 - 2nd Memo 2007-2008 UFP000351602, #15 Exhibit 15 - 3rd Memo 2003-2004 72UFP1326600, #16 Exhibit 16 - 3rd Memo 2004-2005 72UFP1326601, #17 Exhibit 17 - 3rd Memo 2005-2006 UFP000351600, #18 Exhibit 18 - 3rd Memo 2006-2007 UFP000351601, #19 Exhibit 19 - 3rd Memo 2007-2008 UFP000351602, #20 Exhibit 20 - 3rd Memo 2008-2009 UFP000351603, #21 Exhibit 21 - 3rd Memo 2009-2010 UFP000351604, #22 Exhibit 22 - 4th Memo 2003-2004 72UFP1326600, #23 Exhibit 23 - 4th Memo 2004-2005 72UFP1326601, #24 Exhibit 24 - 4th Memo 2005-2006 UFP000351600, #25 Exhibit 25 - 4th Memo 2006-2007 UFP000351601, #26 Exhibit 26 - 4th Memo 2007-2008 UFP000351602, #27 Exhibit 27 - 4th Memo 2008-2009 UFP000351603, #28 Exhibit 28 - 4th Memo 2009-2010 UFP000351604, #29 Exhibit 29 - 5th Memo 2003-2004 72UFP1326600, #30 Exhibit 30 - 5th Memo 2004-2005 72UFP1326601, #31 Exhibit 31 - 5th Memo 2005-2006 UFP000351600, #32 Exhibit 32 - 5th Memo 2006-2007 UFP000351601, #33 Exhibit 33 - 5th Memo 2007-2008 UFP000351602, #34 Exhibit 34 - 5th Memo 2008-2009 UFP000351603, #35 Exhibit 35 - 5th Memo 2009-2010 UFP000351604, #36 Exhibit 36 - 6th Memo 2003-2004 72UFP1326600, #37 Exhibit 37 - 6th Memo 2004-2005 72UFP1326601, #38 Exhibit 38 - 6th Memo 2005-2006 UFP000351600, #39 Exhibit 39 - 6th Memo 2006-2007 UFP000351601, #40 Exhibit 40 - 6th Memo 2007-2008 UFP000351602, #41 Exhibit 41 - 6th Memo 2008-2009 UFP000351603, #42 Exhibit 42 - 6th Memo 2009-2010 UFP000351604, #43 Text of Proposed Order)(Leagre, Ryan) Modified on 3/8/2018 (BRR). Modified on 6/13/2018 (SWM).
March 7, 2018 Opinion or Order Filing 1012 MOTION to Withdraw #977 Redacted Document, #982 SEALED Reply in support of Motion, #976 MOTION to Maintain Document Under Seal #975 SEALED MOTION to Supplement the Summary Judgment Record Between Lilly and Arch , #985 Redacted Document, #984 Brief/Memorandum in Support, #983 MOTION to Maintain Document Under Seal #982 SEALED Reply in support of Motion for Summary Judgment on Standing and Reformation , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
March 6, 2018 Opinion or Order Filing 1011 BRIEF/MEMORANDUM in Support re #971 MOTION to Maintain Document Under Seal #970 SEALED MOTION to Compel Production of Reinsurance Documents from Arch per the Court's February 1, 2018 Order [Dkt. 946] , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
March 2, 2018 Opinion or Order Filing 1010 BRIEF/MEMORANDUM in Support re #966 MOTION to Maintain Document Under Seal #965 SEALED Response to Motion for Relief Pursuant to Rule 56(d) relating to Arch's Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
March 2, 2018 Opinion or Order Filing 1009 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED Lilly's Statement Authorizing Unsealing of Portions of Arch's Reply; Brief in Support of Maintain Other Portions of Arch's Reply under Seal, and Brief in Support of Motion to Seal Dkt. 964, re #1008 Motion to Seal Document/Maintain Document Under Seal, #963 Motion to Seal Document/Maintain Document Under Seal, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Arch's Redacted Reply with proposed highlighted redactions, #2 Exhibit A-1 - Deveau Decl. with highlighted redactions, #3 Exhibit A-2 - Conkin Decl. with highlighted redactions, #4 Exhibit B - Arch's Redacted Reply (Lilly's version), #5 Exhibit B-1 - Redacted Deveau Decl. (Lilly's version), #6 Exhibit B-2 - Redacted Conkin Decl. (Lilly's version), #7 Exhibit C - Proposed Order)(Leagre, Ryan) Modified on 6/13/2018 (SWM).
March 2, 2018 Opinion or Order Filing 1008 MOTION to Seal Document #964 Redacted Document Arch's Redacted Reply in Support of Motion for Summary Judgment and #1009 Sealed Brief in Support of motion to Seal Document, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
March 2, 2018 Opinion or Order Filing 1007 REDACTION to #1004 SEALED Document (Case Participants - doc) (Lilly's Surreply in Opposition to Arch's Motion for Summary Judgment) by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Conkin Deposition Excerpts)(Connor, Colin)
March 2, 2018 Opinion or Order Filing 1006 BRIEF/MEMORANDUM in Support re #1005 MOTION to Maintain Document Under Seal #1004 SEALED Document (Case Participants - doc) (Lilly's Surreply in Opposition to Arch's Motion for Summary Judgment) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
March 2, 2018 Opinion or Order Filing 1005 MOTION to Maintain Document Under Seal #1004 SEALED Document (Case Participants - doc) (Lilly's Surreply in Opposition to Arch's Motion for Summary Judgment), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
March 2, 2018 Opinion or Order Filing 1004 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED Surreply in Opposition to Arch's Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Conkin Deposition Excerpts)(Connor, Colin) Modified on 6/13/2018 (SWM).
March 2, 2018 Opinion or Order Filing 1003 REDACTION to #1001 SEALED Document (Case Participants - doc) Surreply in Opposition to Plaintiffs' Cross Motion for Partial Summary Judgment by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Filed Under Seal)(Thomas, Joseph)
March 2, 2018 Opinion or Order Filing 1002 MOTION to Maintain Document Under Seal #1001 SEALED Document (Case Participants - doc) , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
March 2, 2018 Opinion or Order Filing 1001 *** SEALED PER ORDER DATED 6/13/2018 *** Surreply in Opposition to Plaintiffs' Cross Motion for Partial Summary Judgment, re #457 SEALED Motion (Case Participants - doc), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - May 26 Letter)(Thomas, Joseph) Modified on 6/13/2018 (SWM).
March 2, 2018 Opinion or Order Filing 1000 REPLY in Support of Motion re #952 MOTION to Maintain Document Under Seal #951 SEALED Response to Motion Lilly's Response in Opposition to Arch's Motion for Summary Judgment re #961 LIU's Statement Authorizing Unsealing of Documents, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order Exhibit A - Modified Proposed Order)(Leagre, Ryan)
March 2, 2018 Opinion or Order Filing 999 ORDER granting #994 Motion to Withdraw Attorney Appearance. Attorney Christopher J Nadeau withdrawn. Signed by Magistrate Judge Tim A. Baker on 3/2/2018. (SWM)
March 1, 2018 Opinion or Order Filing 998 REDACTION to #996 SEALED Response to Motion to File Portions of Plaintiffs' Reply and Opposition Under Seal by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
March 1, 2018 Opinion or Order Filing 997 MOTION to Maintain Document Under Seal #996 SEALED Response to Motion to File Portions of Plaintiffs Reply and Opposition Under Seal, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
March 1, 2018 Opinion or Order Filing 996 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED RESPONSE re #958 MOTION to Maintain Document Under Seal #957 SEALED Reply in support of Motion for Leave to File Third Amended Complaint , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph) Modified on 6/13/2018 (SWM).
March 1, 2018 Opinion or Order Filing 995 NOTICE of Resolution of Certain Issues Raised in Lilly's Refiled Motion to Compel Production of Reinsurance Documents [Dkt. 970], and Tender of Revised Proposed Order on Remaining Disputed Issues, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA, re #970 SEALED MOTION to Compel Production of Reinsurance Documents from Arch per the Court's February 1, 2018 Order [Dkt. 946]. (Attachments: #1 Text of Proposed Order) (Fischer, John)
February 28, 2018 Opinion or Order Filing 994 MOTION to Withdraw Attorney Appearance Motion to Withdraw Christopher Nadeau's Appearance, filed by Defendant RSUI INDEMNITY COMPANY. (Attachments: #1 Text of Proposed Order)(Knippen, Michael)
February 28, 2018 Opinion or Order Filing 993 ENTRY FOR WEDNESDAY, FEBRUARY 28, 2018 for proceedings held before Judge Robert L. Miller, Jr: Arch and plaintiffs argue the pending motions. For the reasons stated on the record, the court DENIES plaintiffs' Motion to Amend [Doc. No. #902 ] and Arch's Motion to Hold in Abeyance [Doc. No. #912 ]. (See Entry.) Signed by Judge Robert L. Miller, Jr. (Court Reporter Debra Bonk.)(BRR)
February 27, 2018 Opinion or Order Filing 992 RESPONSE in Opposition re #970 SEALED MOTION to Compel Production of Reinsurance Documents from Arch per the Court's February 1, 2018 Order [Dkt. 946] , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - 2/7/18 Email, #2 Exhibit 2 - 2/19/18 Email, #3 Exhibit 3 - Amended Privilege Log, #4 Exhibit 4 - 10/5/17 Email, #5 Exhibit 5 - 10/17/17 Email, #6 Exhibit 6 - 2/9/18 Email, #7 Exhibit 7 - 2/20/18 Email, #8 Exhibit 8 - 4/23/15 Email, #9 Exhibit 9 - 5/28/15 Email, #10 Exhibit 10 - 5/29/15 Email)(Thomas, Joseph)
February 27, 2018 Opinion or Order Filing 991 ORDER granting #969 Motion to Withdraw Attorney Appearance. Attorney Matthew P. Lawlyes withdrawn. Signed by Magistrate Judge Tim A. Baker on 2/27/2018. (SWM)
February 27, 2018 Opinion or Order Filing 990 Request for Supplemental Relief Relating to Lilly's Refiled Motion to Compel Production of Reinsurance Documents [Dkt. #970 ], filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Arch Supplemental Privilege Log, #2 Exhibit 2 - February 26-27, 2018 email exchange between Lilly and Arch counsel, #3 Text of Proposed Order)(Fischer, John) Modified on 2/28/2018 (BRR).
February 26, 2018 Opinion or Order Filing 989 REPLY in Support of Motion re #912 MOTION to Hold in Abeyance Plaintiffs Motion for Leave to File a Third Amended Complaint , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
February 26, 2018 Opinion or Order Filing 988 ORDER - granting #975 motion for leave to supplement Lilly's response to Defendants', Arch Insurance Company and Arch Specialty Insurance Company (collectively, "Arch's"), motion for summary judgment with documents Arch has produced after Lilly filed its response. Exhibits 1-42 to Lilly's motion to supplement are incorporated into the record for the summary judgment briefing between Lilly and Arch. Signed by Judge Robert L. Miller, Jr on 2/26/2018. (BRR)
February 26, 2018 Opinion or Order Filing 987 ORDER - granting #974 Motion for Leave to File oversized brief not exceeding thirty-five pages to reply to Defendants', Arch Insurance Company and Arch Specialty Insurance Company, (collectively, "Arch's") sixty-three page combined brief. Signed by Judge Robert L. Miller, Jr on 2/26/2018. (BRR)
February 26, 2018 Opinion or Order Filing 986 ORDER - granting #973 Motion for Extension of Time. Plaintiffs' deadline to file a surreply to the Reply in Support of Arch Insurance Company and Arch Specialty Insurance Company's ("Arch's") Motion for Summary Judgment (Dkt. #962 ) is extended to March 2, 2018. Signed by Judge Robert L. Miller, Jr on 2/24/2018. (BRR)
February 23, 2018 Opinion or Order Filing 985 ***WITHDRAWN PER #1021 *** REDACTION to #982 SEALED Reply in support of Motion for Summary Judgment on Standing and Reformation by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Nov. 30, 2017 Saltsgaver Dep. Vol. I Excerpts, #2 Exhibit 2 - Apr. 5, 2017 Clemens Dep. Excerpts, #3 Exhibit 3 - Nov. 11, 2015 Ross Dep. Excerpts, #4 Exhibit 4 - REDACTED Mar. 23, 2016 Touchstone Dep. Excerpts, #5 Exhibit 5 - WITHHELD June 2, 2017 Arch 6th Memorandum, #6 Exhibit 6 - Mar. 23, 2017 Saltsgaver Dep. Vol. I Excerpts, #7 Exhibit 7 - Feb. 23, 2018 Affidavit of Ryan Leagre, #8 Exhibit 8 - REDACTED Jan. 6, 2017 Lilly Am. Interrog. Resp., #9 Exhibit 9 - Oct. 3, 2017 Arch RFA Responses, #10 Exhibit 10 - Feb. 26, 2016 Piza Dep. Excerpts, #11 Exhibit 11 - REDACTED Chart of Undisputed Facts)(Leagre, Ryan) Modified on 3/8/2018 (BRR).
February 23, 2018 Opinion or Order Filing 984 ***WITHDRAWN PER #1021 *** BRIEF/MEMORANDUM in Support re #983 MOTION to Maintain Document Under Seal #982 SEALED Reply in support of Motion for Summary Judgment on Standing and Reformation , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan) Modified on 3/8/2018 (BRR).
February 23, 2018 Opinion or Order Filing 983 ***WITHDRAWN PER #1021 *** MOTION to Maintain Document Under Seal #982 SEALED Reply in support of Motion for Summary Judgment on Standing and Reformation, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan) Modified on 3/8/2018 (BRR).
February 23, 2018 Opinion or Order Filing 982 ***WITHDRAWN PER #1021 *** SEALED REPLY in support of Motion re #457 SEALED Cross Motion for Partial Summary Judgment on Standing and Reformation, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Nov. 30, 2017 Saltsgaver Dep. Vol. III Excerpts, #2 Exhibit 2 - Apr. 5, 2017 Clemens Dep. Excerpts, #3 Exhibit 3 - Nov. 11, 2015 Ross Dep. Excerpts, #4 Exhibit 4 - Mar. 23, 2016 Touchstone Dep. Excerpts, #5 Exhibit 5 - June 2, 2017 Arch 6th Memorandum, #6 Exhibit 6 - Mar. 23, 2017 Saltsgaver Dep. Vol. I Excerpts, #7 Exhibit 7 - Feb. 23, 2018 Affidavit of Ryan Leagre, #8 Exhibit 8 - Jan. 6, 2017 Lilly Am. Interrog. Resp., #9 Exhibit 9 - Oct. 3, 2017 Arch RFA Responses, #10 Exhibit 10 - Feb. 26, 2016 Piza Dep. Excerpts, #11 Exhibit 11 - Chart of Undisputed Facts)(Leagre, Ryan) Modified on 3/8/2018 (BRR).
February 23, 2018 Opinion or Order Filing 981 REDACTION to #978 SEALED Reply in support of Motion for Rule 56(d) Relief by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - June 2017 Arch Reinsurance Memorandum (Filed Under Seal), #2 Exhibit 2 - February 12, 2018 Letter from John Fischer to Counsel for Defendants (Filed with Redactions))(Fischer, John)
February 23, 2018 Opinion or Order Filing 980 BRIEF/MEMORANDUM in Support re #979 MOTION to Maintain Document Under Seal #978 SEALED Reply in support of Motion for Rule 56(d) Relief , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
February 23, 2018 Opinion or Order Filing 979 MOTION to Maintain Document Under Seal #978 SEALED Reply in support of Motion for Rule 56(d) Relief, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
February 23, 2018 Opinion or Order Filing 978 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED REPLY in support of Motion re #948 SEALED MOTION Lilly's Motion for Relief Pursuant to Rule 56(d) relating to Arch's Motion for Summary Judgment [Dkt. 864] , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - June 2017 Arch Reinsurance Memorandum, #2 Exhibit 2 - February 12, 2018 Letter from John Fischer to Counsel for Defendants)(Fischer, John) Modified on 6/13/2018 (SWM).
February 23, 2018 Opinion or Order Filing 977 ***WITHDRAWN PER #1021 *** REDACTION to #975 SEALED MOTION to Supplement the Summary Judgment Record Between Lilly and Arch by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 Memo 2003-2004 72UFP1326600, #2 Exhibit 2 Memo 2004-2005 72UFP1326601, #3 Exhibit 3 Memo 2005-2006 UFP000351600, #4 Exhibit 4 Memo 2006-2007 UFP000351601, #5 Exhibit 5 Memo 2007-2008 UFP000351602, #6 Exhibit 6 Memo 2008-2009 UFP000351603, #7 Exhibit 7 Memo 2009-2010 UFP000351604, #8 Exhibit 8 2nd Memo 2004-2005 72UFP1326601, #9 Exhibit 9 2nd Memo 2006-2007 UFP000351601, #10 Exhibit 10 2nd Memo 2008-2009 UFP000351603, #11 Exhibit 11 2nd Memo 2009-2010 UFP000351604, #12 Exhibit 12 2nd Memo 2003-2004 72UFP1326600, #13 Exhibit 13 2nd Memo 2005-2006 UFP000351600, #14 Exhibit 14 2nd Memo 2007-2008 UFP000351602, #15 Exhibit 15 3rd Memo 2003-2004 72UFP1326600, #16 Exhibit 16 3rd Memo 2004-2005 72UFP1326601, #17 Exhibit 17 3rd Memo 2005-2006 UFP000351600, #18 Exhibit 18 3rd Memo 2006-2007 UFP000351601, #19 Exhibit 19 3rd Memo 2007-2008 UFP000351602, #20 Exhibit 20 3rd Memo 2008-2009 UFP000351603, #21 Exhibit 21 3rd Memo 2009-2010 UFP000351604, #22 Exhibit 22 4th Memo 2003-2004 72UFP1326600, #23 Exhibit 23 4th Memo 2004-2005 72UFP1326601, #24 Exhibit 24 4th Memo 2005-2006 UFP000351600, #25 Exhibit 25 4th Memo 2006-2007 UFP000351601, #26 Exhibit 26 4th Memo 2007-2008 UFP000351602, #27 Exhibit 27 4th Memo 2008-2009 UFP000351603, #28 Exhibit 28 4th Memo 2009-2010 UFP000351604, #29 Exhibit 29 5th Memo 2003-2004 72UFP1326600, #30 Exhibit 30 5th Memo 2004-2005 72UFP1326601, #31 Exhibit 31 5th Memo 2005-2006 UFP000351600, #32 Exhibit 32 5th Memo 2006-2007 UFP000351601, #33 Exhibit 33 5th Memo 2007-2008 UFP000351602, #34 Exhibit 34 5th Memo 2008-2009 UFP000351603, #35 Exhibit 35 5th Memo 2009-2010 UFP000351604, #36 Exhibit 36 6th Memo 2003-2004 72UFP1326600, #37 Exhibit 37 6th Memo 2004-2005 72UFP1326601, #38 Exhibit 38 6th Memo 2005-2006 UFP000351600, #39 Exhibit 39 6th Memo 2006-2007 UFP000351601, #40 Exhibit 40 6th Memo 2007-2008 UFP000351602, #41 Exhibit 41 6th Memo 2008-2009 UFP000351603, #42 Exhibit 42 6th Memo 2009-2010 UFP000351604, #43 Text of Proposed Order)(Connor, Colin) Modified on 3/8/2018 (BRR).
February 23, 2018 Opinion or Order Filing 976 ***WITHDRAWN PER #1021 *** MOTION to Maintain Document Under Seal #975 SEALED MOTION to Supplement the Summary Judgment Record Between Lilly and Arch , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin) Modified on 3/8/2018 (BRR).
February 23, 2018 Opinion or Order Filing 975 ***WITHDRAWN PER #1021 *** SEALED MOTION to Supplement the Summary Judgment Record Between Lilly and Arch, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 Memo 2003-2004 72UFP1326600, #2 Exhibit 2 Memo 2004-2005 72UFP1326601, #3 Exhibit 3 Memo 2005-2006 UFP000351600, #4 Exhibit 4 Memo 2006-2007 UFP000351601, #5 Exhibit 5 Memo 2007-2008 UFP000351602, #6 Exhibit 6 Memo 2008-2009 UFP000351603, #7 Exhibit 7 Memo 2009-2010 UFP000351604, #8 Exhibit 8 2nd Memo 2004-2005 72UFP1326601, #9 Exhibit 9 2nd Memo 2006-2007 UFP000351601, #10 Exhibit 10 2nd Memo 2008-2009 UFP000351603, #11 Exhibit 11 2nd Memo 2009-2010 UFP000351604, #12 Exhibit 12 2nd Memo 2003-2004 72UFP1326600, #13 Exhibit 13 2nd Memo 2005-2006 UFP000351600, #14 Exhibit 14 2nd Memo 2007-2008 UFP000351602, #15 Exhibit 15 3rd Memo 2003-2004 72UFP1326600, #16 Exhibit 16 3rd Memo 2004-2005 72UFP1326601, #17 Exhibit 17 3rd Memo 2005-2006 UFP000351600, #18 Exhibit 18 3rd Memo 2006-2007 UFP000351601, #19 Exhibit 19 3rd Memo 2007-2008 UFP000351602, #20 Exhibit 20 3rd Memo 2008-2009 UFP000351603, #21 Exhibit 21 3rd Memo 2009-2010 UFP000351604, #22 Exhibit 22 4th Memo 2003-2004 72UFP1326600, #23 Exhibit 23 4th Memo 2004-2005 72UFP1326601, #24 Exhibit 24 4th Memo 2005-2006 UFP000351600, #25 Exhibit 25 4th Memo 2006-2007 UFP000351601, #26 Exhibit 26 4th Memo 2007-2008 UFP000351602, #27 Exhibit 27 4th Memo 2008-2009 UFP000351603, #28 Exhibit 28 4th Memo 2009-2010 UFP000351604, #29 Exhibit 29 5th Memo 2003-2004 72UFP1326600, #30 Exhibit 30 5th Memo 2004-2005 72UFP1326601, #31 Exhibit 31 5th Memo 2005-2006 UFP000351600, #32 Exhibit 32 5th Memo 2006-2007 UFP000351601, #33 Exhibit 33 5th Memo 2007-2008 UFP000351602, #34 Exhibit 34 5th Memo 2008-2009 UFP000351603, #35 Exhibit 35 5th Memo 2009-2010 UFP000351604, #36 Exhibit 36 6th Memo 2003-2004 72UFP1326600, #37 Exhibit 37 6th Memo 2004-2005 72UFP1326601, #38 Exhibit 38 6th Memo 2005-2006 UFP000351600, #39 Exhibit 39 6th Memo 2006-2007 UFP000351601, #40 Exhibit 40 6th Memo 2007-2008 UFP000351602, #41 Exhibit 41 6th Memo 2008-2009 UFP000351603, #42 Exhibit 42 6th Memo 2009-2010 UFP000351604, #43 Text of Proposed Order)(Connor, Colin) Modified on 3/8/2018 (BRR).
February 22, 2018 Opinion or Order Filing 974 Unopposed MOTION for Leave to File Oversized Reply Brief, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
February 21, 2018 Opinion or Order Filing 973 Unopposed MOTION for Extension of Time to 03/02/2018 to File Surreply, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
February 20, 2018 Opinion or Order Filing 972 REDACTION to #970 SEALED MOTION to Compel Production of Reinsurance Documents from Arch per the Court's February 1, 2018 Order [Dkt. 946] by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Lilly's Second Set of Requests for Production on Arch Specialty, #2 Exhibit 2 - Lilly's Second Set of Requests for Production on Arch Insurance, #3 Exhibit 3 - Lilly's Third Set of Requests for Production on Arch Specialty, #4 Exhibit 4 - Lilly's Third Set of Requests for Production on Arch Insurance, #5 Exhibit 5 - Lilly's First Set of Requests for Production on Arch Specialty, #6 Exhibit 6 - Lilly's First Set of Requests for Production on Arch Insurance, #7 Exhibit 7 - Arch's Original Redaction Log, #8 Exhibit 8 - 2010 e-mail exchange designated Confidential by Arch (Filed Under Seal), #9 Exhibit 9 - 2010 email exchange designated Confidential by Arch (Filed Under Seal), #10 Exhibit 10 - 2011-12 Reinsurance Treaty designated Confidential by Arch (Filed Under Seal), #11 Exhibit 11 - Reinsurance agreement designated Confidential by Arch (Filed Under Seal), #12 Exhibit 12 - Arch's Supplemental Redaction Log, #13 Exhibit 13 - 2007 Ratings Worksheets designated Confidential by Arch (Filed With Redactions), #14 Exhibit 14 - Excerpts of Deposition of John Touchstone designated Confidential by Arch (Filed With Redactions), #15 Exhibit 15 - June 2017 Reinsurance Memorandum designated Confidential by Arch (Filed Under Seal), #16 Exhibit 16 - Arch Specialty Supplemental Responses to Lilly's Requests for Production 23 and 24, #17 Exhibit 17 - Arch Insurance Supplemental Responses to Lilly's Requests for Production 23 and 24, #18 Exhibit 18 - Arch Supplemental Privilege Log, #19 Text of Proposed Order)(Fischer, John)
February 20, 2018 Opinion or Order Filing 971 MOTION to Maintain Document Under Seal #970 SEALED MOTION to Compel Production of Reinsurance Documents from Arch per the Court's February 1, 2018 Order [Dkt. 946] , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
February 20, 2018 Opinion or Order Filing 970 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED MOTION to Compel Production of Reinsurance Documents from Arch per the Court's February 1, 2018 Order [Dkt. 946], filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Lilly's Second Set of Requests for Production on Arch Specialty, #2 Exhibit 2 - Lilly's Second Set of Requests for Production on Arch Insurance, #3 Exhibit 3 - Lilly's Third Set of Requests for Production on Arch Specialty, #4 Exhibit 4 - Lilly's Third Set of Requests for Production on Arch Insurance, #5 Exhibit 5 - Lilly's First Set of Requests for Production on Arch Specialty, #6 Exhibit 6 - Lilly's First Set of Requests for Production on Arch Specialty, #7 Exhibit 7 - Arch's Original Redaction Log, #8 Exhibit 8 - 2010 e-mail exchange designated Confidential by Arch, #9 Exhibit 9 - 2010 email exchange designated Confidential by Arch, #10 Exhibit 10 - 2011-12 Reinsurance Treaty designated Confidential by Arch, #11 Exhibit 11 - Reinsurance agreement designated Confidential by Arch, #12 Exhibit 12 - Arch's Supplemental Redaction Log, #13 Exhibit 13 - 2007 Ratings Worksheets designated Confidential by Arch, #14 Exhibit 14 - Excerpts of Deposition of John Touchstone designated Confidential by Arch, #15 Exhibit 15 - June 2017 Reinsurance Memorandum designated Confidential by Arch, #16 Exhibit 16 - Arch Specialty Supplemental Responses to Lilly's Requests for Production 23 and 24, #17 Exhibit 17 - Arch Insurance Supplemental Responses to Lilly's Requests for Production 23 and 24, #18 Exhibit 18 - Arch Supplemental Privilege Log, #19 Text of Proposed Order)(Fischer, John) Modified on 6/13/2018 (SWM).
February 20, 2018 Opinion or Order Filing 969 MOTION to Withdraw Attorney Appearance of Matthew P. Lawlyes, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(McNamee, Michael)
February 16, 2018 Opinion or Order Filing 968 BRIEF/MEMORANDUM in Support re #952 MOTION to Maintain Document Under Seal #951 SEALED Response to Motion Lilly's Response in Opposition to Arch's Motion for Summary Judgment and Statement Authorizing the Unsealing of Certain Documents, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
February 16, 2018 Opinion or Order Filing 967 REDACTION to #965 SEALED Response to Motion Lilly's Motion for Relief Pursuant to Rule 56(d) relating to Arch's Motion for Summary Judgment [Dkt. 864], by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Email about deposition dates, #2 Exhibit 2 - Filed Under Seal)(Thomas, Joseph)
February 16, 2018 Opinion or Order Filing 966 MOTION to Maintain Document Under Seal #965 SEALED Response to Motion , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
February 16, 2018 Opinion or Order Filing 965 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED RESPONSE re #948 SEALED MOTION Lilly's Motion for Relief Pursuant to Rule 56(d) relating to Arch's Motion for Summary Judgment [Dkt. 864] , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Email regarding deposition dates, #2 Exhibit 2 - Saltsgaver Notes)(Thomas, Joseph) Modified on 6/13/2018 (SWM).
February 16, 2018 Opinion or Order Filing 964 *** SEALED PER ORDER DATED 6/13/2018 *** REDACTION to #962 SEALED Reply in support of Motion for Summary Judgment by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Declaration of Nora Deveau, #2 Exhibit 2 - Declaration of Jason Conkin)(Thomas, Joseph) Modified on 6/13/2018 (SWM).
February 16, 2018 Opinion or Order Filing 963 MOTION to Maintain Document Under Seal #962 SEALED Reply in support of Motion for Summary Judgment, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
February 16, 2018 Opinion or Order Filing 962 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED REPLY in support of Motion re #864 SEALED MOTION FOR SUMMARY JUDGMENT , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Declaration of Nora Deveau, #2 Exhibit 2 - Declaration of Jason Conkin)(Thomas, Joseph) Modified on 6/13/2018 (SWM).
February 16, 2018 Opinion or Order Filing 961 RESPONSE to Motion re #952 MOTION to Maintain Document Under Seal #951 SEALED Response to Motion Lilly's Response in Opposition to Arch's Motion for Summary Judgment Statement Authorizing Unsealing, filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Attachments: #1 Attachment A)(Thompson, Michael)
February 15, 2018 Opinion or Order Filing 960 REDACTION to #957 SEALED Reply in support of Motion for Leave to File Third Amended Complaint by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Notice of 307 Action, #2 Exhibit 2 - Notice of 162 Action, #3 Exhibit 3 - Arch's Responses to Requests for Admission)(Connor, Colin)
February 15, 2018 Opinion or Order Filing 959 BRIEF/MEMORANDUM in Support re #958 MOTION to Maintain Document Under Seal #957 SEALED Reply in support of Motion for Leave to File Third Amended Complaint , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
February 15, 2018 Opinion or Order Filing 958 MOTION to Maintain Document Under Seal #957 SEALED Reply in support of Motion for Leave to File Third Amended Complaint, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
February 15, 2018 Opinion or Order Filing 957 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED REPLY in support of Motion re #902 SEALED MOTION for Leave to File Third Amended Complaint , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Notice of 307 Action, #2 Exhibit 2 - Notice of 162 Action, #3 Exhibit 3 - Arch's Responses to Requests for Admission)(Connor, Colin) Modified on 6/13/2018 (SWM).
February 12, 2018 Opinion or Order Filing 956 ORDER - granting #955 Motion for Extension of Time. The Court ORDERS Lilly to file its motion to compel on reinsurance issues no later than Tuesday, February 20, 2018. Arch's response is due no later than February 27, 2018. The court anticipates no further extensions. Signed by Judge Robert L. Miller, Jr on 2/12/2018. (BRR)
February 9, 2018 Opinion or Order Filing 955 Unopposed MOTION for Extension of Time to February 20, 2018 to File Motion to Compel Against Arch on Reinsurance Issues, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
February 2, 2018 Opinion or Order Filing 954 MOTION for Oral Argument on Arch's Motion for Summary Judgment [Dkt. 864], filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
February 2, 2018 Opinion or Order Filing 953 REDACTION to #951 SEALED Response to Motion Lilly's Response in Opposition to Arch's Motion for Summary Judgment by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - REDACTED Declaration of Andrea Neuman, #2 Exhibit B - REDACTED Declaration of Greg Gotwald, #3 Exhibit B-1 - 11/15/2006 email (Filed Under Seal), #4 Exhibit B-2 - 11/19/2007 email (Filed Under Seal), #5 Exhibit B-3 - 11/23/2009 email (Filed Under Seal), #6 Exhibit B-4 - 11/23/2010 email (Filed Under Seal), #7 Exhibit B-5 - 12/6/2011 email (Filed Under Seal), #8 Exhibit B-6 - 11/26/2012 email (Filed Under Seal), #9 Exhibit B-7 - 12/5/2013 email (Filed Under Seal), #10 Exhibit B-8 - 11/18/2008 email, #11 Exhibit B-9 - 12/8/2004 email, #12 Exhibit B-10 - 2004 LIU checklist (Filed Under Seal), #13 Exhibit B-11 - 2012 LIU checklist (Filed Under Seal), #14 Exhibit B-12 - 2013 LIU checklist (Filed Under Seal), #15 Exhibit B-13 - LIU u/w document (Filed Under Seal), #16 Exhibit B-14 - LIU u/w document (Filed Under Seal), #17 Exhibit B-15 - XL u/w document (Filed Under Seal), #18 Exhibit B-16 - 8/14/2009 Ltr to Arch (Filed Under Seal), #19 Exhibit B-17 - 8/14/2009 Ltr to Ross (Filed Under Seal), #20 Exhibit B-18 - 3/16/2010 Ltr to Arch (Filed Under Seal), #21 Exhibit B-19 - Motion to Dismiss, #22 Exhibit B-20 - 12/1/2009 email (Filed Under Seal), #23 Exhibit B-21 - 1/12/2010 Ltr from Arch (Filed Under Seal), #24 Exhibit B-22 - 12/1/2010 email (Filed Under Seal), #25 Exhibit B-23 - 9/15/2009 Ltr from Arch (Filed Under Seal), #26 Exhibit B-24 - 4/15/2013 Ltr to Arch (Filed Under Seal), #27 Exhibit B-25 - 8/15/2013 Ltr to Arch (Filed Under Seal), #28 Exhibit B-26 - 8/28/2013 email (Filed Under Seal), #29 Exhibit B-27 - 6/20/2014 email (Filed Under Seal), #30 Exhibit B-28 - 7/2/2014 email #1 (Filed Under Seal), #31 Exhibit B-29 - 7/2/2014 email #2 (Filed Under Seal), #32 Exhibit B-30 - 8/11/2014 email (Filed Under Seal), #33 Exhibit B-31 - 8/13/2014 email (Filed Under Seal), #34 Exhibit B-32 - Certified Translation Lilly Brasil Appeal Brief, #35 Exhibit B-33 - 9/22/2014 email (Filed Under Seal), #36 Exhibit B-34 - 10/13/2014 Ltr from G. Gotwald (Filed Under Seal), #37 Exhibit B-35 - 12/1/2016 email (Filed Under Seal), #38 Exhibit B-36 - 8/11/2017 Neuman Ltr (Filed Under Seal), #39 Exhibit B-37 - 9/25/2017 email (Filed Under Seal), #40 Exhibit B-38 - 10/10/2017 email (Filed Under Seal), #41 Exhibit B-39 - Arch u/w document (Filed Under Seal), #42 Exhibit B-40 - 10/7/2013 Ltr from Arch (Filed Under Seal), #43 Exhibit B-41 - 2008 Lib. Mut. policy, #44 Exhibit B-42 - 2003 Lib. Mut. policy, #45 Exhibit B-43 - 2003 Arch Specialty policy, #46 Exhibit B-44 - 2008 Arch Specialty policy, #47 Exhibit C - REDACTED 56(d) Affidavit of Gregory Gotwald, #48 Exhibit C-1 - 3d Am. Phase I Dep. Notice, #49 Exhibit C-2 - 11/20/2017 email from A. Detherage, #50 Exhibit D - 1/30/2018 Declaration of Mark Saltsgaver, #51 Exhibit D-1 - 2009 NYC Agenda, #52 Exhibit D-2 - 2009 Bermuda Agenda, #53 Exhibit D-3 - REDACTED 2009 D&O Presentation, #54 Exhibit D-4 - 2010 NYC Agenda, #55 Exhibit D-5 - 2011 NYC Agenda, #56 Exhibit D-6 - 2011 Bermuda Agenda, #57 Exhibit D-7 - REDACTED 2010 D&O Presentation, #58 Exhibit D-8 - REDACTED 2011 D&O Presentation, #59 Exhibit D-9 - 2008 10Q, #60 Exhibit D-10 - 2009 10Q, #61 Exhibit D-11 - 2008 10K, #62 Exhibit D-12 - 2009 10K, #63 Exhibit D-13 - 2010 10K, #64 Exhibit D-14 - 2011 10K, #65 Exhibit D-15 - 2012 10K, #66 Exhibit E - REDACTED Saltsgaver Dep. Vol. I Excerpts, #67 Exhibit F - Declaration of J. Costigan, #68 Exhibit F-Appendix A - Costigan CV, #69 Exhibit F-Appendix B - Costigan Documents, #70 Exhibit G - REDACTED Touchstone Dep. Excerpts, #71 Exhibit H - REDACTED Saltsgaver Dep. Vol. II Excerpts, #72 Exhibit I - REDACTED Declaration of Chad Mitchell, #73 Exhibit I-Appendix A - Mitchell Documents, #74 Exhibit I-1 - Mitchell Resume, #75 Exhibit I-2 - Total Fees and Costs, #76 Exhibit I-3 - REDACTED Reasonable Fees and Costs, #77 Exhibit I-4 - Vieira Plaintiff List, #78 Exhibit J - REDACTED Affidavit of Elizabeth DuSold, #79 Exhibit J-1 - 1995 Agreement (Filed Under Seal), #80 Exhibit J-2 - PCA Complaint, #81 Exhibit J-3 - PCA Judgment (Part 1), #82 Exhibit J-3 - PCA Judgment (Part 2), #83 Exhibit J-4 - 5/15/2014 Mot. for Clarification, #84 Exhibit J-5 - 5/16/2014 Court Decision, #85 Exhibit J-6 - 11/4/2015 ABL Brief, #86 Exhibit J-7 - 7/11/2014 Prosecutor Brief, #87 Exhibit K - REDACTED 2/3/2017 Affidavit of Mark Saltsgaver, #88 Exhibit K-1 - 1/26/2017 Letter (Filed Under Seal), #89 Exhibit L - 10/24/2017 Declaration of Robert West, #90 Exhibit L-1 - ABL Summary Brief (Translated))(Leagre, Ryan)
February 2, 2018 Opinion or Order Filing 952 MOTION to Maintain Document Under Seal #951 SEALED Response to Motion Lilly's Response in Opposition to Arch's Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
February 2, 2018 Opinion or Order Filing 951 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED RESPONSE re #864 SEALED MOTION FOR SUMMARY JUDGMENT Lilly's Response in Opposition to Arch's Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Declaration of Andrea Neuman, #2 Exhibit B - Declaration of Greg Gotwald, #3 Exhibit B-1 - 11/15/2006 email, #4 Exhibit B-2 - 11/19/2007 email, #5 Exhibit B-3 - 11/23/2009 email, #6 Exhibit B-4 - 11/23/2010 email, #7 Exhibit B-5 - 12/6/2011 email, #8 Exhibit B-6 - 11/26/2012 email, #9 Exhibit B-7 - 12/5/2013 email, #10 Exhibit B-8 - 11/18/2008 email, #11 Exhibit B-9 - 12/8/2004 email, #12 Exhibit B-10 - 2004 LIU checklist, #13 Exhibit B-11 - 2012 LIU checklist, #14 Exhibit B-12 - 2013 LIU checklist, #15 Exhibit B-13 - 2011 LIU u/w document, #16 Exhibit B-14 - 2009 LIU u/w document, #17 Exhibit B-15 - 2008 XL u/w document, #18 Exhibit B-16 - 8/14/2009 Ltr. to Arch, #19 Exhibit B-17 - 8/14/2009 Ltr. to Ross, #20 Exhibit B-18 - 3/16/2010 Ltr. to Arch, #21 Exhibit B-19 - Motion to Dismiss, #22 Exhibit B-20 - 12/1/2009 email, #23 Exhibit B-21 - 1/12/2010 Ltr. from Arch, #24 Exhibit B-22 - 12/1/2010 email, #25 Exhibit B-23 - 9/15/2009 Ltr. from Arch, #26 Exhibit B-24 - 4/15/2013 Ltr. to Arch, #27 Exhibit B-25 - 8/15/2013 Ltr. to Arch, #28 Exhibit B-26 - 8/28/2013 email, #29 Exhibit B-27 - 6/20/2014 email, #30 Exhibit B-28 - 7/2/2014 email #1, #31 Exhibit B-29 - 7/2/2014 email #2, #32 Exhibit B-30 - 8/11/2014 email, #33 Exhibit B-31 - 8/13/2014 email, #34 Exhibit B-32 - Certified Trans. of Appeal Br., #35 Exhibit B-33 - 9/22/2014 email, #36 Exhibit B-34 - 10/13/2014 Ltr. from G. Gotwald, #37 Exhibit B-35 - 12/1/2016 email, #38 Exhibit B-36 - 8/11/2017 Ltr. from Neuman, #39 Exhibit B-37 - 9/25/2017 email, #40 Exhibit B-38 - 10/10/2017 email, #41 Exhibit B-39 - 11/30/2010 Arch u/w document, #42 Exhibit B-40 - 10/7/2013 Ltr. from Arch, #43 Exhibit B-41 - 2008 Lib. Mut. policy, #44 Exhibit B-42 - 2003 Lib. Mut. policy, #45 Exhibit B-43 - 2003 Arch Specialty policy, #46 Exhibit B-44 - 2008 Arch Specialty policy, #47 Exhibit C - 56(d) Affidavit of Gregory Gotwald, #48 Exhibit C-1 - 3d Am. Phase I Dep. Notice, #49 Exhibit C-2 - 11/20/2017 email from A. Detherage, #50 Exhibit D - 1/30/2018 Declaration of M. Saltsgaver, #51 Exhibit D-1 - 2009 NYC Agenda, #52 Exhibit D-2 - 2009 Bermuda Agenda, #53 Exhibit D-3 - 2009 D&O Presentation, #54 Exhibit D-4 - 2010 NYC Agenda, #55 Exhibit D-5 - 2011 NYC Agenda, #56 Exhibit D-6 - 2011 Bermuda Agenda, #57 Exhibit D-7 - 2010 D&O Presentation, #58 Exhibit D-8 - 2011 D&O Presentation, #59 Exhibit D-9 - 2008 10Q, #60 Exhibit D-10 - 2009 10Q, #61 Exhibit D-11 - 2008 10K, #62 Exhibit D-12 - 2009 10K, #63 Exhibit D-13 - 2010 10K, #64 Exhibit D-14 - 2011 10K, #65 Exhibit D-15 - 2012 10K, #66 Exhibit E - Saltsgaver Dep. Vol. I Excerpts, #67 Exhibit F - Declaration of J. Costigan, #68 Exhibit F-Appendix A - Costigan CV, #69 Exhibit F-Appendix B - Costigan Docs, #70 Exhibit G - Touchstone Dep. Excerpts, #71 Exhibit H - Saltsgaver Dep. Vol. II Excerpts, #72 Exhibit I - Declaration of Chad Mitchell, #73 Exhibit I-Appendix A - Mitchell Docs, #74 Exhibit I-1 - Mitchell Resume, #75 Exhibit I-2 - Total Fees and Costs, #76 Exhibit I-3 - Reasonable Fees and Costs, #77 Exhibit I-4 - Vieira Plaintiff List, #78 Exhibit J - Affidavit of Elizabeth DuSold, #79 Exhibit J-1 - 1995 Agreement, #80 Exhibit J-2 - PCA Complaint (Certified Translated), #81 Exhibit J-3 - PCA Judgment (Part 1), #82 Exhibit J-3 - PCA Judgment (Part 2), #83 Exhibit J-4 - 5/15/2014 Mot. for Clarification, #84 Exhibit J-5 - 5/16/2014 Court Decision, #85 Exhibit J-6 - 11/4/2015 ABL Brief, #86 Exhibit J-7 - 7/11/2014 Prosecutor Brief, #87 Exhibit K - 2/3/2017 Affidavit of Mark Saltsgaver, #88 Exhibit K-1 - 1/26/2017 Letter, #89 Exhibit L - 10/24/2017 Declaration of Robert West, #90 Exhibit L-1 - ABL Summary Brief (Translated))(Leagre, Ryan) Modified on 6/13/2018 (SWM).
February 2, 2018 Opinion or Order Filing 950 REDACTION to #948 SEALED MOTION Lilly's Motion for Relief Pursuant to Rule 56(d) relating to Arch's Motion for Summary Judgment [Dkt. 864] by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - 56(d) Affidavit of Gregory Gotwald REDACTED, #2 Exhibit A-1 - 3d Am. Phase I Dep. Notice, #3 Exhibit A-2 - 11/20/2017 email from A. Detherage, #4 Exhibit B - Declaration of Andrea Neuman REDACTED, #5 Text of Proposed Order)(Leagre, Ryan)
February 2, 2018 Opinion or Order Filing 949 MOTION to Maintain Document Under Seal #948 SEALED MOTION Lilly's Motion for Relief Pursuant to Rule 56(d) relating to Arch's Motion for Summary Judgment [Dkt. 864] , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
February 2, 2018 Opinion or Order Filing 948 *** SEALED PER ORDER DATED 6/13/2018 *** SEALED MOTION Lilly's Motion for Relief Pursuant to Rule 56(d) relating to Arch's Motion for Summary Judgment [Dkt. 864], filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - 56(d) Affidavit of Gregory Gotwald, #2 Exhibit A-1 - 3d Am. Phase I Dep. Notice, #3 Exhibit A-2 - 11/20/2017 email from A. Detherage, #4 Exhibit B - Declaration of Andrea Neuman, #5 Text of Proposed Order)(Leagre, Ryan) Modified on 6/13/2018 (SWM).
February 1, 2018 Opinion or Order Filing 947 SCHEDULING ORDER - The court has set this matter for a telephonic hearing on Wednesday, February 28, 2018, at 9:00 a.m. (EST) on plaintiffs' motion for leave to file a third amended complaint (Doc. No. #902 ) and the Arch Insurance Company defendants' motion to hold that motion in abeyance (Doc. No. #912 ). Each side will be given 15 minutes to argue its position. Counsel for the defendants is directed to make arrangements for the conference call and to provide all parties and the court with contact information at least three business days before the hearing. Use of cell phones is prohibited and that speaker functions must be disabled to avoid technical issues in recording the proceedings. Signed by Judge Robert L. Miller, Jr on 2/1/2018.(BRR)
February 1, 2018 Opinion or Order Filing 946 ORDER REGARDING RESINSURANCE DISCOVERY LETTER - The parties should attempt to narrow the dispute further with the next 7 days. If they are unable to completely resolve the issues, plaintiffs may file a motion to compel of no more than 10 pages, double-spaced, in 12 point, Times New Roman or Bookman Old Style font, on or before February 13, 2018; Arch shall have 7 days to file a response of no more than 10 pages, double-spaced, in 12 point, Times New Roman or Bookman Old Style font. (See Order.) Signed by Judge Robert L. Miller, Jr on 2/1/2018.(BRR)
February 1, 2018 Opinion or Order Filing 945 ORDER - The court GRANTS the plaintiffs' motion for Hague Convention letters of request (Doc. No. #856 ). (See Order.) Signed by Judge Robert L. Miller, Jr on 2/1/2018. (Attachments: #1 Drain Letter of Request, #2 Pettman Letter of Request) (BRR)
February 1, 2018 Opinion or Order Filing 944 ORDER granting #943 Motion for Leave to File Excess Pages. (See Order.) Signed by Judge Robert L. Miller, Jr on 2/1/2018. (BRR)
January 31, 2018 Opinion or Order Filing 943 MOTION for Leave to File Excess Pages in Response to Arch's Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
January 31, 2018 Opinion or Order Filing 942 ORDER ON JOINT MOTION TO EXTEND DEADLINES & CONTINUE FINAL PRETRIAL CONFERENCE AND TRIAL DATE - The court concludes that there is good cause for the extension and the moving parties' joint motion (Doc. No. #911 ) is GRANTED. The Final Pretrial Conference and Jury Trial are continued without date, to be reset after further progress in the case. (See Order.) Signed by Judge Robert L. Miller, Jr on 1/31/2018.(BRR)
January 30, 2018 Opinion or Order Filing 941 ORDER granting #934 Motion to Withdraw Attorney Appearance. Attorney Thomas E. Wheeler, II withdrawn. Signed by Magistrate Judge Tim A. Baker on 1/30/2018. (SWM)
January 29, 2018 Opinion or Order Filing 940 ORDER - Plaintiffs' unopposed motion for a three-day extension of time to respond to Arch Insurance Company's motion for summary judgment [Doc. No. #938 ] is GRANTED. The plaintiffs shall have to and including February 2, 2018 to file their response. Signed by Judge Robert L. Miller, Jr on 1/29/2018. (BRR)
January 29, 2018 Opinion or Order Filing 939 ORDER - Plaintiffs' unopposed motion to extension of time to and including February 15, 2018 to file a combined response/reply to the pending motions for leave to file a third amended complaint and to hold that motion in abeyance [Doc. No. #936 ] is GRANTED. Any replies shall be filed by March 1, 2018. Signed by Judge Robert L. Miller, Jr on 1/29/2018. (BRR)
January 29, 2018 Opinion or Order Filing 938 Unopposed MOTION for Extension of Time to File Response to February 2, 2018 re #864 SEALED MOTION FOR SUMMARY JUDGMENT , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
January 29, 2018 Opinion or Order Filing 937 Statement by Certain Defendants of Joinder to Arch's Response to Lilly's Motion to Amend #914 and Arch's Motion to Hold in Abeyance #912 by XL INSURANCE AMERICA, INC.. (Donald, Lindsay)
January 29, 2018 Opinion or Order Filing 936 Unopposed MOTION for Extension of Time to File Reply to 2/15/18 re #902 SEALED MOTION for Leave to File Third Amended Complaint , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
January 26, 2018 Opinion or Order Filing 935 ORDER ON JANUARY 19, 2018, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel on January 19, 2018, for a telephonic status conference. Discussion was held regarding the numerous motions to seal that have been filed in this action. Pursuant to discussions during the telephonic status conference, the Court grants the following motions that documents be maintained under seal: Filing Nos. #849 , #853 , #859 , #863 , #868 , #874 , #878 , #903 , #906 , #915 , #919 , #922 , #925 , and #928 . **SEE ORDER** Signed by Magistrate Judge Tim A. Baker. (MGG)
January 26, 2018 Opinion or Order Filing 934 MOTION to Withdraw Attorney Appearance , filed by Defendants AIG EUROPE (UK) LIMITED, AIG EXCESS LIABILITY INSURANCE COMPANY LTD, LEXINGTON INSURANCE COMPANY, NEW HAMPSHIRE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order Granting Withdrawal of Appearance)(Wheeler, Thomas)
January 26, 2018 Opinion or Order Filing 933 ORDER granting Plaintiffs' #927 Motion to Withdraw Docket Number 917 Filed 1/24/2018. Signed by Magistrate Judge Tim A. Baker on 1/26/2018. (SWM) (Main Document 933 replaced on 1/26/2018) (SWM).
January 25, 2018 Opinion or Order Filing 932 ORDER - The matters raised by Eli Lilly and Company and Eli Lilly Do Brasil Ltda. in their motions to stay and/or strike Arch's motion for summary judgment on known loss, known claim, and late notice [Doc. No. #917 - #918 ] are more appropriately raised in a response to Arch's motion. To allow those matters to be raised separately would unduly delay the case and multiply the briefing. Accordingly, the court: (1) DENIES the plaintiffs' motions to stay and/or strike Arch's motion for summary judgment on known loss, known claim, and late notice [Doc. Nos. #917 - #918 ], and (2) GRANTS, in part, the plaintiffs' motion for an extension of time to respond to Arch's summary judgment motion [Doc. No. #924 ]; and (3) DIRECTS the plaintiffs to file their response to the motion for summary judgment on known loss, known claim, and late notice [Doc. No. #864 ], if any, by January 30, 2018. Signed by Judge Robert L. Miller, Jr on 1/25/2018. (BRR)
January 25, 2018 Opinion or Order Filing 931 RESPONSE in Opposition re #902 SEALED MOTION for Leave to File Third Amended Complaint , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (McNamee, Michael)
January 25, 2018 Opinion or Order Filing 930 TRANSCRIPT of Status Conference held on 12/15/17 before Judge Robert L. Miller, Jr. (35 pages.) Court Reporter/Transcriber: Laura Howie-Walters (Telephone: (317) 632-3422). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 2/15/2018. Release of Transcript Restriction set for 4/25/2018. (Howie-Walters, Laura) Released on 4/25/2018 (SWM).
January 25, 2018 Opinion or Order Filing 929 NOTICE of FILING of OFFICIAL TRANSCRIPT of Status Conference held before Judge Robert L. Miller, Jr on 12/15/17 (Howie-Walters, Laura)
January 25, 2018 Opinion or Order Filing 928 MOTION to Seal Document #917 MOTION to Stay re #864 SEALED MOTION FOR SUMMARY JUDGMENT , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
January 25, 2018 Opinion or Order Filing 927 MOTION to Withdraw #917 MOTION to Stay re #864 SEALED MOTION FOR SUMMARY JUDGMENT , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
January 25, 2018 Opinion or Order Filing 926 REDACTION to #924 SEALED MOTION for Time to Respond to Arch's Motion for Summary Judgment on Known Loss, Known Claim, and Late Notice by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
January 25, 2018 Opinion or Order Filing 925 MOTION to Maintain Document Under Seal #924 SEALED MOTION for Time to Respond to Arch's Motion for Summary Judgment on Known Loss, Known Claim, and Late Notice , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
January 25, 2018 Opinion or Order Filing 924 SEALED MOTION for Time to Respond to Arch's Motion for Summary Judgment on Known Loss, Known Claim, and Late Notice, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
January 24, 2018 Opinion or Order Filing 923 REDACTION to #921 SEALED Document (Case Participants - doc) Brief in Support of Motion to Stay and/or Strike Motion for Summary Judgment by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Affidavit Affidavit of Andrea Neuman (Redacted), #2 Affidavit Affidavit of Greg Gotwald (Redacted), #3 Exhibit B-1 - Filed under seal, #4 Exhibit B-2 - Filed under seal, #5 Exhibit B-3 - Filed under seal, #6 Exhibit B-4 - 2008 Ross Touchstone emails, #7 Exhibit B-5 - 2004 Submission, #8 Exhibit B-6 - Filed under seal, #9 Exhibit B-7 - Filed under seal, #10 Exhibit B-8 - Filed under seal, #11 Exhibit B-9 - 2009 D&O presentation (redacted), #12 Exhibit B-10 - 2010 D&O presentation (redacted), #13 Exhibit B-11 - 2011 D&O presentation (redacted), #14 Exhibit C - Touchstone Deposition Excerpts (redacted), #15 Appendix Trial Court Decisions)(Leagre, Ryan)
January 24, 2018 Opinion or Order Filing 922 MOTION to Maintain Document Under Seal #921 SEALED Document (Case Participants - doc) Brief in Support of Motion to Stay and/or Strike Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
January 24, 2018 Opinion or Order Filing 921 SEALED Brief in Support of Motion to Stay and/or Strike Motion for Summary Judgment, re #918 SEALED Motion (Case Participants - doc), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Affidavit Ex. A - Affidavit of Andrea Neuman, #2 Affidavit Ex. B - Affidavit of Gregory Gotwald, #3 Exhibit B-1 - Nov. 23, 2009 corr. from Ross to Touchstone, #4 Exhibit B-2 - Nov. 19, 2007 corr. btw. Ross and Touchstone, #5 Exhibit B-3 - Nov. 15, 2006 corr. btw. Ross and Touchstone, #6 Exhibit B-4 - Nov. 18, 2008 emails btw Ross and Touchstone, #7 Exhibit B-5 - Dec. 8, 2004 Submission, #8 Exhibit B-6 - Arch Notice letter, #9 Exhibit B-7 - Dec. 1, 2009 JLT email, #10 Exhibit B-8 - Mar. 16, 2010 update letter, #11 Exhibit B-9 - 2009 D&O presentation, #12 Exhibit B-10 - 2010 D&O presentation, #13 Exhibit B-11 - 2011 D&O presentation, #14 Exhibit C - Touchstone Deposition Excerpts, #15 Appendix Trial Court Decisions)(Leagre, Ryan)
January 24, 2018 Opinion or Order Filing 920 REDACTION to #918 SEALED MOTION Motion to Stay and/or Strike Arch's Motion for Summary Judgment on Known Loss, Known Claim, and Late Notice by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
January 24, 2018 Opinion or Order Filing 919 MOTION to Maintain Document Under Seal #918 SEALED MOTION Motion to Stay and/or Strike Arch's Motion for Summary Judgment on Known Loss, Known Claim, and Late Notice , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
January 24, 2018 Opinion or Order Filing 918 SEALED MOTION Motion to Stay and/or Strike Arch's Motion for Summary Judgment on Known Loss, Known Claim, and Late Notice, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
January 24, 2018 Opinion or Order Filing 917 *** WITHDRAWN PER ORDER DATED 1/26/2018 *** MOTION to Stay re #864 SEALED MOTION FOR SUMMARY JUDGMENT , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan) Modified on 1/25/2018 (SWM). Modified on 1/26/2018 (SWM).
January 23, 2018 Opinion or Order Filing 916 REDACTION to #914 SEALED Response to Motion for Leave to File a Third Amended Complaint by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Filed Under Seal)(Thomas, Joseph)
January 23, 2018 Opinion or Order Filing 915 MOTION to Maintain Document Under Seal #914 SEALED Response to Motion , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
January 23, 2018 Opinion or Order Filing 914 SEALED RESPONSE re #902 SEALED MOTION for Leave to File Third Amended Complaint , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Clemens Depo Excerpt)(Thomas, Joseph)
January 23, 2018 Opinion or Order Filing 913 BRIEF/MEMORANDUM in Support re #912 MOTION to Hold in Abeyance Plaintiffs Motion for Leave to File a Third Amended Complaint , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
January 23, 2018 Opinion or Order Filing 912 MOTION to Hold in Abeyance Plaintiffs Motion for Leave to File a Third Amended Complaint, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
January 23, 2018 Opinion or Order Filing 911 Joint MOTION for Extension of Time to Various Case Management Deadlines and Continuance of Trial Date, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
January 23, 2018 Opinion or Order Filing 910 NOTICE of Appearance by Emily A. Golding on behalf of Defendant XL INSURANCE AMERICA, INC.. (Golding, Emily)
January 19, 2018 Opinion or Order Filing 909 REPLY in Support of Motion re #856 MOTION for Issuance of Letters of Request , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - January 2018 email exchanges between counsel for non-party JLT and parties)(Fischer, John)
January 12, 2018 Opinion or Order Filing 908 RESPONSE in Opposition re #856 MOTION for Issuance of Letters of Request , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1, 8/31/2017-9/12/2017 Email chain, #2 Exhibit 2, 10/25/2017-11/3/2017 Email chain, #3 Exhibit 3, 9/12/2017 Letter, #4 Exhibit 4, 10/4/2017 Email, #5 Exhibit 5, 1/4/2018 Email and attachment, #6 Exhibit 6, 1/9/2018 Email and attachment, #7 Text of Proposed Order 7, Proposed Order)(Thomas, Joseph)
January 12, 2018 Opinion or Order Filing 907 REDACTION to #905 SEALED Reply in support of Motion for Judgment on the Pleadings and Opposition to Plaintiffs' Motion for Partial Summary Judgment by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Gotwald Letter, #3 Exhibit 3 - Original RFA Responses, #4 Exhibit 4 - Amended RFA Responses, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Filed Under Seal, #7 Exhibit 7 - Conkin Dep, #8 Exhibit 8 - Filed Under Seal, #9 Exhibit 9 - Filed Under Seal)(Thomas, Joseph)
January 12, 2018 Opinion or Order Filing 906 MOTION to Maintain Document Under Seal #905 SEALED Reply in support of Motion for Judgment on the Pleadings and Opposition to Plaintiffs' Motion for Partial Summary Judgment, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
January 12, 2018 Opinion or Order Filing 905 SEALED REPLY in support of Motion re #302 MOTION for Judgment on the Pleadings and Opposition to Plaintiffs' Motion for Partial Summary Judgment, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Saltsgaver Dep, #2 Exhibit 2 - Gotwald Letter, #3 Exhibit 3 - Original RFA Responses, #4 Exhibit 4 - Amended RFA Responses, #5 Exhibit 5 - Clemens Dep, #6 Exhibit 6 - 2012 Application, #7 Exhibit 7 - Conkin Dep, #8 Exhibit 8 - Touchstone Dep, #9 Exhibit 9 - Borgersen Dep)(Thomas, Joseph)
January 11, 2018 Opinion or Order Filing 904 REDACTION to #902 SEALED MOTION for Leave to File Third Amended Complaint by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Third Amended Complaint (Clean) (Redacted), #2 Exhibit 2 - Third Amended Complaint (Redlined) (Redacted), #3 Exhibit 3 - English Complaint (307), #4 Exhibit 4 - English Complaint (162), #5 Exhibit 5 - Arch 30(b)(6) Deposition (Redacted), #6 Text of Proposed Order)(Connor, Colin)
January 11, 2018 Opinion or Order Filing 903 MOTION to Maintain Document Under Seal #902 SEALED MOTION for Leave to File Third Amended Complaint , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
January 11, 2018 Opinion or Order Filing 902 SEALED MOTION for Leave to File Third Amended Complaint, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Third Amended Complaint (Clean), #2 Exhibit 2 - Third Amended Complaint (Redline), #3 Exhibit 3 - English Complaint (307), #4 Exhibit 4 - English Complaint (162), #5 Exhibit 5 - Excerpts from Arch 30(b)(6) Deposition, #6 Text of Proposed Order)(Connor, Colin)
January 11, 2018 Opinion or Order Filing 901 NOTICE of Hearing Location Availability, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA (Connor, Colin)
January 11, 2018 Opinion or Order Filing 900 ORDER granting #899 Motion for Extension of Time to File Response to 1/24/2018 re #864 SEALED MOTION FOR SUMMARY JUDGMENT. Signed by Judge Robert L. Miller, Jr on 1/11/2018. (BRR)
January 10, 2018 Opinion or Order Filing 899 Unopposed MOTION for Extension of Time to File Response to 01/24/2018 re #864 SEALED MOTION FOR SUMMARY JUDGMENT , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
January 8, 2018 Opinion or Order Filing 898 ORDER - granting #896 Motion for Leave to File Excess Pages. (See Order.) Signed by Judge Robert L. Miller, Jr on 1/8/2018. (BRR)
January 8, 2018 Opinion or Order Filing 897 ORDER - granting #895 Motion for Extension of Time to File Response to 1/12/2018 re #856 MOTION for Issuance of Letters of Request. Signed by Judge Robert L. Miller, Jr on 1/8/2018. (BRR)
January 5, 2018 Opinion or Order Filing 896 MOTION for Leave to File Excess Pages in Support of Arch's Motion for Judgment on the Pleadings and in Opposition to Plaintiffs' Motion for Partial Summary Judgment, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A, Proposed Order)(Thomas, Joseph)
January 5, 2018 Opinion or Order Filing 895 MOTION for Extension of Time to File Response to 1/12/18 re #856 MOTION for Issuance of Letters of Request , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A, Proposed Order)(Thomas, Joseph)
January 3, 2018 Opinion or Order Filing 894 ORDER granting #893 Motion to Appear pro hac vice. Attorney Jennifer Snyder Heis for ARCH INSURANCE COMPANY and ARCH SPECIALTY INSURANCE COMPANY added. Copy to Jennifer Snyder Heis via US Mail. Signed by Magistrate Judge Tim A. Baker on 1/3/2018. (SWM)
January 2, 2018 Opinion or Order Filing 893 MOTION for Attorney(s) Jennifer Snyder Heis to Appear pro hac vice (Filing fee $100, receipt number 0756-4692736), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A, Certification of Jennifer Snyder Heis, #2 Exhibit B, Proposed Order)(Thomas, Joseph)
January 2, 2018 Opinion or Order Filing 892 ORDER - The court DENIES the plaintiffs' Motion to Compel Production of Documents and Information from the Follow-Form Carriers [Doc. No. #876 ] without prejudice. If plaintiffs seek to refile the motion, they must follow the court's instructions in its order dated December 18, 2017 [Doc. No. #882 ]. See Order. Signed by Judge Robert L. Miller, Jr on 1/2/2018. (BRR)
December 29, 2017 Opinion or Order Filing 890 SCHEDULING ORDER: Status Conference set for 1/19/2018 03:00 PM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel. The purpose of this conference is to address the pending motions to seal. [Filing Nos. 849, 853, 859, 863, 868, 874, 878]. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 12/29/2017.(SWM)
December 27, 2017 Opinion or Order Filing 889 ORDER granting #886 Consent MOTION for Extension of Time to File Response to 01/05/2018 re #856 MOTION for Issuance of Letters of Request. Signed by Magistrate Judge Tim A. Baker on 12/27/2017. (CBU) Modified docket text and document link on 12/29/2017 (JD).
December 27, 2017 Opinion or Order Filing 888 ORDER granting #885 Motion for Extension of Time to File Response to 1/11/2018 re #876 MOTION to Compel Production of Documents and Information from the Follow-Form Carriers. Signed by Magistrate Judge Tim A. Baker on 12/27/2017. (CBU)
December 26, 2017 Opinion or Order Filing 887 Submission of Proposed Order , re #886 Consent MOTION for Extension of Time to File Response to 01/05/2018 re #856 MOTION for Issuance of Letters of Request , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY, COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY, ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO.. (Thompson, Michael)
December 22, 2017 Opinion or Order Filing 886 Consent MOTION for Extension of Time to File Response to 01/05/2018 re #856 MOTION for Issuance of Letters of Request , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY, COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY, ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO.. (Thompson, Michael)
December 22, 2017 Opinion or Order Filing 885 Unopposed MOTION for Extension of Time to File Response to January 11, 2018 re #876 MOTION to Compel Production of Documents and Information from the Follow-Form Carriers , filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Clapper, Jared)
December 19, 2017 Opinion or Order Filing 884 ORDER granting Plaintiffs' #787 Motion to Maintain Document Number 787 Under Seal. Signed by Magistrate Judge Tim A. Baker on 12/19/2017. (SWM)
December 19, 2017 Opinion or Order Filing 883 ORDER granting Plaintiffs' #832 Motion to Compel Rule 30(b)(6) Depositions on Phase I Issues, as they are outlined in this order (See Order). Signed by Judge Robert L. Miller, Jr on 12/19/2017. (MAC)
December 18, 2017 Opinion or Order Filing 882 ORDER SETTING PROCEDURE FOR DISCOVERY MOTIONS - The judge to whom this case is assigned was cross-designated to this court to ease the workload of its over- burdened judicial officers. That purpose is ill-served by routinely referring discovery matters to Magistrate Judge Baker. Accordingly, while Judge Baker's assistance might be needed from time to time due to the assigned district judge's unavailability, the assigned district judge anticipates resolving the majority of discovery disputes. With respect to the now-pending motions, the court will rule on the fully-briefed Motion to Compel at Document No. #832 on the current record. The Motion for Protective Order at Document No. #858 , the Renewed Motion to Compel Production of Documents and Answers to Interrogatories at Document No. #861 , and the Renewed Motion to Compel Production of Reinsurance Documents and Information at Document No. #872 , are hereby DENIED without prejudice to resubmit them pursuant to the procedure above. In fairness to parties and counsel who might be unfamiliar with the visiting judge to whom the case is assigned, the assigned judge reads Federal Rule of Civil Procedure 37(a)(5) as establishing a strong preference for fee shifting following the ruling on a discovery motion. (See Order.) Signed by Judge Robert L. Miller, Jr on 12/18/2017. (BRR)
December 18, 2017 Opinion or Order Filing 881 MINUTE ENTRY for proceedings held before Judge Robert L. Miller, Jr - Status Conference held on 12/15/2017. The parties apprise the court of the pending motions; the status of discovery with respect to insurance broker JLT Specialty Limited; case management issues; the status of the underlying case in Brazil; and their perspectives on logistics. Court was adjourned without further order; all pending matters remain under advisement. (See Entry.) Signed by Judge Robert L. Miller, Jr. (Court Reporter Laura Howie-Walters.)(BRR)
December 15, 2017 Opinion or Order Filing 880 Submission of Proposed Status Conference Agenda, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Proposed Status Conference Agenda)(Fischer, John)
December 14, 2017 Opinion or Order Filing 879 REDACTION to #877 SEALED Document (Case Participants - doc) Memorandum of Law in Support of Lilly's Motion to Compel Production of Documents and Information from the Follow-Form Carriers by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - December 4 meet and confer email - Lilly and RSUI, #2 Exhibit 2 - December 4 meet and confer email - Lilly and LIU, #3 Exhibit 3 - December 4 meet and confer email - Lilly and XL, #4 Exhibit 4 - December 4 meet and confer email - Lilly and Westchester, #5 Exhibit 5 - December 4 meet and confer email - Lilly and Endurance, #6 Exhibit 6 - December 8 meet and confer email - Lilly and RSUI, #7 Exhibit 7 - December 8 meet and confer email - Lilly and LIU, #8 Exhibit 8 - December 8 meet and confer email - Lilly and Westchester, #9 Exhibit 9 - Lilly first set of interrogatories on RSUI, #10 Exhibit 10 - Lilly first set of RFPs on RSUI, #11 Exhibit 11 - Third Set of interrogatories on RSUI, #12 Exhibit 12 - RSUI Responses to Third Set of Interrogatories, #13 Exhibit 13 - LIU Excess Premium Calculation Sheet (Filed Under Seal), #14 Exhibit 14 - LIU handwritten notes (Filed Under Seal), #15 Exhibit 15 - LIU Underwriting Document 1 (Filed Under Seal), #16 Exhibit 16 - LIU Underwriting Document 2 (Filed Under Seal), #17 Exhibit 17 - LIU screen prints (Filed Under Seal), #18 Exhibit 18 - Lilly - XL 2015-17 email chain re discovery, #19 Exhibit 19 - XL responses to first set of interrogatories, #20 Exhibit 20 - XL responses to third set of interrogatories, #21 Exhibit 21 - Second Set of RFAs on RSUI, #22 Exhibit 22 - First Set of RFAs on RSUI, #23 Exhibit 23 - RSUI Responses to First Set of RFAs, #24 Exhibit 24 - RSUI Responses to Second Set of RFAs, #25 Exhibit 25 - Arch Specialty Responses to Second Set of RFAs, #26 Exhibit 26 - XL Underwriting Document (Filed Under Seal), #27 Exhibit 27 - LIU Underwriting Document (Filed Under Seal), #28 Exhibit 28 - Second Set of RFPs on RSUI, #29 Exhibit 29 - Third Set of RFPs on RSUI, #30 Exhibit 30 RSUI Responses to Second Set of RFPs, #31 Exhibit 31 - RSUI Responses to Third Set of RFPs, #32 Exhibit 32 - Arch 2007 Ratings Worksheets (Filed Under Seal), #33 Exhibit 33 - Excerpts from John Touchstone Deposition (Redacted), #34 Exhibit 34 - Westchester reinsurance document (Filed Under Seal), #35 Exhibit 35 - First set of interrogatories on XL, #36 Exhibit 36 - First Set of RFPs on Westchester, #37 Exhibit 37 - First Set of interrogatories to LIU, #38 Exhibit 38 - First set of RFPs on LIU, #39 Exhibit 39 - LIU email referencing 2001-04 policy (Filed Under Seal), #40 Exhibit 40 - Tri-City 2002 solicitation of LIU)(Fischer, John)
December 14, 2017 Opinion or Order Filing 878 MOTION to Maintain Document Under Seal #877 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
December 14, 2017 Opinion or Order Filing 877 SEALED Memorandum of Law in Support of Lilly's Motion to Compel Production of Documents and Information from the Follow-Form Carriers, re #876 Motion to Compel, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit December 4 meet and confer email - Lilly and RSUI, #2 Exhibit 2 - December 4 meet and confer email - Lilly and LIU, #3 Exhibit 3 - December 4 meet and confer email - Lilly and XL, #4 Exhibit 4 - December 4 meet and confer email - Lilly and Westchester, #5 Exhibit 5 - December 4 meet and confer email - Lilly and Endurance, #6 Exhibit 6 - December 8 meet and confer email - Lilly and RSUI, #7 Exhibit 7 - December 8 meet and confer email - Lilly and LIU, #8 Exhibit 8 - December 8 meet and confer email - Lilly and Westchester, #9 Exhibit 9 - Lilly first set of interrogatories on RSUI, #10 Exhibit 10 - Lilly first set of RFPs on RSUI, #11 Exhibit 11 - Third Set of interrogatories on RSUI, #12 Exhibit 12 - RSUI Responses to Third Set of Interrogatories, #13 Exhibit 13 - LIU Excess Premium Calculation Sheet, #14 Exhibit 14 - LIU handwritten notes, #15 Exhibit 15 - LIU Underwriting Document 1, #16 Exhibit 16 - LIU Underwriting Document 2, #17 Exhibit 17 - LIU screen prints, #18 Exhibit 18 - Lilly - XL 2015-17 email chain re discovery, #19 Exhibit 19 - XL responses to first set of interrogatories, #20 Exhibit 20 - XL responses to third set of interrogatories, #21 Exhibit 21 - Second Set of RFAs on RSUI, #22 Exhibit 22 - First Set of RFAs on RSUI, #23 Exhibit 23 - RSUI Responses to First Set of RFAs, #24 Exhibit 24 - RSUI Responses to Second Set of RFAs, #25 Exhibit 25 - Arch Specialty Responses to Second Set of RFAs, #26 Exhibit 26 - XL Underwriting Document, #27 Exhibit 27 - LIU Underwriting Document, #28 Exhibit 28 - Second Set of RFPs on RSUI, #29 Exhibit 29 - Third Set of RFPs on RSUI, #30 Exhibit 30 RSUI Responses to Second Set of RFPs, #31 Exhibit 31 - RSUI Responses to Third Set of RFPs, #32 Exhibit 32 - Arch 2007 Ratings Worksheets, #33 Exhibit 33 - Excerpts from John Touchstone Deposition, #34 Exhibit 34 - Westchester reinsurance document, #35 Exhibit 35 - First set of interrogatories on XL, #36 Exhibit 36 - First Set of RFPs on Westchester, #37 Exhibit 37 - First Set of interrogatories to LIU, #38 Exhibit 38 - First set of RFPs on LIU, #39 Exhibit 39 - LIU email referencing 2001-04 policy, #40 Exhibit 40 - Tri-City 2002 solicitation of LIU)(Fischer, John)
December 14, 2017 Opinion or Order Filing 876 MOTION to Compel Production of Documents and Information from the Follow-Form Carriers, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
December 14, 2017 Opinion or Order Filing 875 REDACTION to #873 SEALED Document (Case Participants - doc) Brief in Support of Lilly's Refiled Motion to Compel Production of Reinsurance Documents and Information by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - 2007 Ratings Worksheets (Under Seal), #2 Exhibit 2 - Excerpts of John Touchstone Deposition (Redacted), #3 Exhibit 3 - Reinsurance document produced by Westchester (Under Seal), #4 Exhibit 4 - First Set of Requests for Production on Arch Specialty, #5 Exhibit 5 - First Set of Requests for Production on Arch Insurance, #6 Exhibit 6 - Arch Original Redaction Log, #7 Exhibit 7 - Second Set of Requests for Production on Arch Specialty (Under Seal), #8 Exhibit 8 - Second Set of Requests for Production on Arch Insurance (Under Seal), #9 Exhibit 9 - Arch Specialty Responses to Second Set of RFPs (Under Seal), #10 Exhibit 10 - Arch Insuance Responses to Second Set of RFPs (Under Seal), #11 Exhibit 11 - February and March 2017 meet and confer email between Lilly and Arch, #12 Exhibit 12 - May 5, 2017 Letter from Lilly Counsel to Arch counsel, #13 Exhibit 13 - May 26, 2017 letter from Arch counsel to Lilly counsel (Under Seal), #14 Exhibit 14 - July 21, 2017 letter from Lilly counsel to ARch counsel (Under Seal), #15 Exhibit 15 - July 31, 2017 letter from Arch counsel to Lilly counsel (Under Seal), #16 Exhibit 16 - October exchange of emails between Arch and Lilly Counsel (Redacted), #17 Exhibit 17 - November 1 email exchange between Arch and Lilly counsel, #18 Exhibit 18 - Arch Specialty Supplemental Responses to Second Set of RFPs (Redacted), #19 Exhibit 19 - Arch Insurance Supplemental Responses to Second Set of RFPs (Redacted), #20 Exhibit 20 - November exchange of emails between Arch and Lilly counsel, #21 Exhibit 21 - Second November exchange of emails between ARch and Lilly counsel, #22 Exhibit 22 - Arch Supplemental Redactoin Log, #23 Exhibit 23 - 2004-05 Arch Reinsurance Treaty (Under Seal), #24 Exhibit 24 - 2011-12 Arch Reinsurance Treaty (Under Seal), #25 Exhibit 25 - Arch Supplemental Privilege Log, #26 Exhibit 26 - December 7, 2017 letter from Lilly Counsel to ARch Counsel (Redacted), #27 Exhibit 27 - December exchange of emails between Arch and Lilly Consel)(Fischer, John)
December 14, 2017 Opinion or Order Filing 874 MOTION to Maintain Document Under Seal #873 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
December 14, 2017 Opinion or Order Filing 873 SEALED Brief in Support of Its Refiled Motion to Compel Production of Reinsurance Documents and Information, re #872 Motion to Compel, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - 2007 Ratings Worksheets, #2 Exhibit 2 - Excerpts of John Touchstone Deposition, #3 Exhibit 3 - Reinsurance document produced by Westchester, #4 Exhibit 4 - First Set of Requests for Production on Arch Specialty, #5 Exhibit 5 - First Set of Requests for Production on Arch Insurance, #6 Exhibit 6 - Arch Original Redaction Log, #7 Exhibit 7 - Second Set of Requests for Production on Arch Specialty, #8 Exhibit 8 - Second Set of Requests for Production on Arch Insurance, #9 Exhibit 9 - Arch Specialty Responses to Second Set of RFPs, #10 Exhibit 10 - Arch Insuance Responses to Second Set of RFPs, #11 Exhibit 11 - February and March 2017 meet and confer email between Lilly and Arch, #12 Exhibit 12 - May 5, 2017 Letter from Lilly Counsel to Arch counsel, #13 Exhibit 13 - May 26, 2017 letter from Arch counsel to Lilly counsel, #14 Exhibit 14 - July 21, 2017 letter from Lilly counsel to ARch counsel, #15 Exhibit 15 - July 31, 2017 letter from Arch counsel to Lilly counsel, #16 Exhibit 16 - October exchange of emails between Arch and Lilly counsel, #17 Exhibit 17 - November 1 email exchange between ARch and Lilly counsel, #18 Exhibit 18 - Arch Specialty Supplemental Responses to Second Set of RFPs, #19 Exhibit 19 - Arch Insurance Supplemental Responses to Second SEt of RFPs, #20 Exhibit 20 - November exchange of emails between Arch and Lilly counsel, #21 Exhibit 21 - Second November exchange of emails between Arch and Lilly counsel, #22 Exhibit 22 - Arch Supplemental Redaction Log, #23 Exhibit 23 - 2004-05 Arch Reinsurance Treaty, #24 Exhibit 24 - 2011-12 Arch Reinsurance Treaty, #25 Exhibit 25 - Arch Supplemental Privilege Log, #26 Exhibit 26 - December 7, 2017 letter from Lilly Counsel to Arch Counsel, #27 Exhibit 27 - December exchange of emails between Arch and Lilly counsel)(Fischer, John)
December 14, 2017 Opinion or Order Filing 872 MOTION to Compel Production of Reinsurance Documents and Information (Refiled), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
December 13, 2017 Opinion or Order Filing 871 REDACTION to #867 SEALED Document (Case Participants - doc) Appendix of Exhibits in Support of Motion for Summary Judgment by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Risk Assessment, #3 Exhibit 3-13 - Filed Under Seal, #4 Exhibit 14 - Mundell Email, #5 Exhibit 15-20 - Filed Under Seal, #6 Exhibit 21 - Clemens Deposition Excerpts, #7 Exhibit 22-27 - Filed Under Seal, #8 Exhibit 28 - Borgersen Deposition Excerpts, #9 Exhibit 29 - Saltsgaver Deposition Excerpts, #10 Exhibit 30-31 - Filed Under Seal)(Thomas, Joseph)
December 13, 2017 Opinion or Order Filing 870 REDACTION to #865 SEALED Document (Case Participants - doc) Memorandum in Support of Motion for Summary Judgment by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
December 13, 2017 Opinion or Order Filing 869 REDACTION to #864 SEALED MOTION FOR SUMMARY JUDGMENT by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
December 13, 2017 Opinion or Order Filing 868 MOTION to Maintain Document Under Seal #865 SEALED Document (Case Participants - doc), #867 SEALED Document (Case Participants - doc), #864 SEALED MOTION FOR SUMMARY JUDGMENT , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
December 13, 2017 Opinion or Order Filing 867 SEALED Appendix of Exhibits in Support of, re #864 SEALED Motion (Case Participants - doc), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Schedules of Underlying Insurance, #2 Exhibit 2 - Risk Assessment Report, #3 Exhibit 3 - Technical Opinion, #4 Exhibit 4 - Sampling and Analysis, #5 Exhibit 5 - Vangeloff Correspondence, #6 Exhibit 6 - Vieira Message, #7 Exhibit 7 - Vieira/Vangeloff Emails, #8 Exhibit 8 - Meeting Minutes, #9 Exhibit 9 - Term of Procedural Agreement, #10 Exhibit 10 - CETESB Technical Information, #11 Exhibit 11 - 9/17/04 Letter, #12 Exhibit 12 - 2/17/05Letter, #13 Exhibit 13 - 5/4/05 Letter, #14 Exhibit 14 - Mundell Email, #15 Exhibit 15 - ARCADIS Report, #16 Exhibit 16 - Terms for Adjustment of Conduct, #17 Exhibit 17 - 6/26/06 Letter, #18 Exhibit 18 - 11/4/06 Letter, #19 Exhibit 19 - Pre-Agreement, #20 Exhibit 20 - Transaction Deeds, #21 Exhibit 21 - Clemens Deposition Excerpts, #22 Exhibit 22 - Exhibit 10 to Saltsgaver Deposition, #23 Exhibit 23 - Letter to Prosecutor, #24 Exhibit 24 - ICP Directive, #25 Exhibit 25 - Inspection Report, #26 Exhibit 26 - 8/23/07 Terms of Hearing, #27 Exhibit 27 - 12/17/07 Terms of Hearing, #28 Exhibit 28 - Borgersen Deposition Excerpts, #29 Exhibit 29 - Saltsgaver Deposition Excerpts, #30 Exhibit 30 - Compilation of Saltsgaver Deposition Testimony, #31 Exhibit 31 - Timeline)(Thomas, Joseph)
December 13, 2017 Opinion or Order Filing 866 REDACTION to #862 SEALED MOTION OPENING BRIEF IN SUPPORT OF LILLYS RENEWED MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49)(Brandon, Elizabeth)
December 13, 2017 Opinion or Order Filing 865 SEALED Memorandum in Support, re #864 SEALED Motion (Case Participants - doc), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
December 13, 2017 Opinion or Order Filing 864 SEALED MOTION FOR SUMMARY JUDGMENT, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
December 13, 2017 Opinion or Order Filing 863 MOTION to Maintain Document Under Seal #862 SEALED MOTION OPENING BRIEF IN SUPPORT OF LILLYS RENEWED MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Brandon, Elizabeth)
December 13, 2017 Opinion or Order Filing 862 SEALED MOTION OPENING BRIEF IN SUPPORT OF LILLYS RENEWED MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - September 24, 2015 Letter, #2 Exhibit 2 - September 14, 2016 Letter, #3 Exhibit 3 - September 19, 2016 Email, #4 Exhibit 4 - Second Request for Production to Arch Insurance, #5 Exhibit 5 - Second Request for Production to Arch Specialty, #6 Exhibit 6 - Second Set of Interrogatories to Arch Insurance, #7 Exhibit Second Set of Interrogatories to Arch Speacialty, #8 Exhibit 8 - First Request for Admissions to Arch Insurance, #9 Exhibit 9 - First Request for Admissions to Arch Specialty, #10 Exhibit Arch Insurance's Response to Second Set of Request for Production, #11 Exhibit 11 Arch Specialty Responses to Second Set of Requests for Production, #12 Exhibit 12 - Arch Insurance's Response to Second Set of Interrogatories, #13 Exhibit 13 - Arch Specialty's Response to Second Set of Interrogatories, #14 Exhibit 14 - Arch Insurance's Response to First Set of Admission Requests, #15 Exhibit 15 - Arch Specialty's Response to First Set of Admission Requests, #16 Exhibit 16 - April 17, 2017 Email, #17 Exhibit 17 - July 21, 2017 Letter, #18 Exhibit 18 - July 31, 2017 Letter, #19 Exhibit 19 - October 17, 2017 Letter, #20 Exhibit 20 - November 17, 2017 Letter, #21 Exhibit 21 - December 8, 2017 Email, #22 Exhibit 22 - December 13, 2017 Email, #23 Exhibit 23 - October 24, 2017 Letter, #24 Exhibit 24 - December 7, 2017 Letter, #25 Exhibit 25 - December 12, 2017, #26 Exhibit 26 - May 17, 2017 Letter, #27 Exhibit 27 - May 31, 2017 Letter, #28 Exhibit 28 - Arch's Privilege Log, #29 Exhibit 29 - Arch's Privilege Log, #30 Exhibit 30 - Conkin Depo Ex. 23, #31 Exhibit 31 - ARCH00041348, #32 Exhibit 32 - ARCH00017360-361, #33 Exhibit 33 - May 7, 2013 Email, #34 Exhibit 34 - May 15, 2013 Letter, #35 Exhibit 35 - June 6, 2013 Email, #36 Exhibit 36 - June 6, 2013 Email, #37 Exhibit 37 - June 7, 2013 Email, #38 Exhibit 38 - June 17, 2013 Email, #39 Exhibit 39 - June 19, 2013 Email, #40 Exhibit 40 - June 19, 2013 Email, #41 Exhibit 41 - June 19, 2013 Email, #42 Exhibit 42 - June 20, 2013 Email, #43 Exhibit 43 - July 2, 2013 Email, #44 Exhibit 44 - July 30, 2013 Email, #45 Exhibit 45 - August 8, 2013 Letter, #46 Exhibit 46 - August 9, 2013 Email, #47 Exhibit 47 - Depo Transcript of Jason Conkin (Excerpts), #48 Exhibit 48 - Conkin Depo Ex. 21, #49 Exhibit 49 - Conkin Depo Ex. 30)(Brandon, Elizabeth)
December 13, 2017 Opinion or Order Filing 861 MOTION to Compel LILLYS RENEWED MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Brandon, Elizabeth)
December 13, 2017 Opinion or Order Filing 860 REDACTION to #858 SEALED MOTION for Protective Order Regarding Discovery Beyond the Scope of Phase I by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Dickinson, Kyle)
December 13, 2017 Opinion or Order Filing 859 MOTION to Maintain Document Under Seal #858 SEALED MOTION for Protective Order Regarding Discovery Beyond the Scope of Phase I , filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order)(Dickinson, Kyle)
December 13, 2017 Opinion or Order Filing 858 SEALED MOTION for Protective Order Regarding Discovery Beyond the Scope of Phase I, filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Appendix Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R)(Dickinson, Kyle)
December 12, 2017 Opinion or Order Filing 857 BRIEF/MEMORANDUM in Support re #856 MOTION for Issuance of Letters of Request , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order Proposed Letter of Request for Drain, #2 Text of Proposed Order Proposed Letter of Request for Pettman, #3 Exhibit A - Letter from JLT US)(Claflin, Jeffrey)
December 12, 2017 Opinion or Order Filing 856 MOTION for Issuance of Letters of Request, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Claflin, Jeffrey)
December 11, 2017 Opinion or Order Filing 855 ORDER - The court DENIES Arch's motion to file a separate brief #848 because there is no need to bifurcate issues that have been raised by the parties together and this court prefers one brief per motion rather than one brief per idea or theory. (See Order.) Signed by Judge Robert L. Miller, Jr on 12/11/2017. (BRR)
December 8, 2017 Opinion or Order Filing 854 REPLY in Support of Motion re #832 MOTION to Compel Rule 30(b)(6) Depositions on Phase I Issues , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Spreadsheet of Eli Lilly Costs, #2 Exhibit 2 - November 13-16, 2017 Exchange of Emails Between Counsel, #3 Exhibit 3 - Lilly Counsel's December 4, 2017 Letter to Carriers' Counsel)(Fischer, John)
December 1, 2017 Opinion or Order Filing 853 MOTION to Maintain Document Under Seal #851 SEALED Response to Motion to Compel Rule 30(b)(6) Depositions, filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Thompson, Michael)
December 1, 2017 Opinion or Order Filing 852 REDACTION to #851 SEALED Response to Motion by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Exhibit List, #2 Exhibit A - Coverage Chart (filed under seal), #3 Exhibit B - Endurance Policy ELD10002931100, #4 Exhibit C-1 - Original Rule 30(b)(6) Notice to RSUI, #5 Exhibit C-2 - Original Rule 30(b)(6) Notice to LIU, #6 Exhibit C-3 - Original Rule 30(b)(6) Notice to XL, #7 Exhibit C-4 - Original Rule 30(b)(6) Notice to Endurance (Sompo), #8 Exhibit C-5 - Original Rule 30(b)(6) Notice to Westchester, #9 Exhibit D-1 - RSUI Letter Objecting to Original Rule 30(b)(6) Notice, #10 Exhibit D-2 - LIU Letter Objecting to Original Rule 30(b)(6) Notice, #11 Exhibit D-3 - XL Letter Objecting to Original Rule 30(b)(6) Notice, #12 Exhibit D-4 - Endurance (Sompo) Letter Object to Original Rule 30(b)(6) Notice, #13 Exhibit D-5 - Westchester Letter Object to Original Rule 30(b)(6) Notice, #14 Exhibit E - Plaintiffs Letter Requesting Deposition Dates, #15 Exhibit F - Plaintiffs Responses to Archs First Set of Requests for Production of Documents, #16 Exhibit G - Endurances (Sompo) Responses to Plaintiffs First Request for Production of Documents)(Thompson, Michael)
December 1, 2017 Opinion or Order Filing 851 SEALED RESPONSE re #832 MOTION to Compel Rule 30(b)(6) Depositions on Phase I Issues , filed by Defendants ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Exhibit List, #2 Exhibit A - Coverage Chart (filed under seal), #3 Exhibit B - Endurance Policy ELD10002931100, #4 Exhibit C-1 - Original Rule 30(b)(6) Notice to RSUI, #5 Exhibit C-2 - Original Rule 30(b)(6) Notice to LIU, #6 Exhibit C-3 - Original Rule 30(b)(6) Notice to XL, #7 Exhibit C-4 - Original Rule 30(b)(6) Notice to Endurance (Sompo), #8 Exhibit C-5 - Original Rule 30(b)(6) Notice to Westchester, #9 Exhibit D-1 - RSUI Letter Objecting to Original Rule 30(b)(6) Notice, #10 Exhibit D-2 - LIU Letter Objecting to Original Rule 30(b)(6) Notice, #11 Exhibit D-3 - XL Letter Objecting to Original Rule 30(b)(6) Notice, #12 Exhibit D-4 - Endurance (Sompo) Letter Object to Original Rule 30(b)(6) Notice, #13 Exhibit D-5 - Westchester Letter Object to Original Rule 30(b)(6) Notice, #14 Exhibit E - Plaintiffs Letter Requesting Deposition Dates, #15 Exhibit F - Plaintiffs Responses to Archs First Set of Requests for Production of Documents, #16 Exhibit G - Endurances (Sompo) Responses to Plaintiffs First Request for Production of Documents)(Thompson, Michael)
December 1, 2017 Opinion or Order Filing 850 REDACTION to #848 SEALED MOTION for Leave to File Separate Reply in Support of Brazilian Law Defense by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Separate Reply (Redacted), #2 Exhibit 1 - Errata Sheet, #3 Exhibit 2 - Goncalves Deposition, #4 Exhibit 3 - Hughes Deposition, #5 Exhibit 4 - Piza Deposition, #6 Exhibit 5 - Saltsgaver Transcript (Filed Under Seal), #7 Text of Proposed Order)(Thomas, Joseph)
December 1, 2017 Opinion or Order Filing 849 MOTION to Maintain Document Under Seal #848 SEALED MOTION for Leave to File Separate Reply in Support of Brazilian Law Defense , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
December 1, 2017 Opinion or Order Filing 848 SEALED MOTION for Leave to File Separate Reply in Support of Brazilian Law Defense, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Separate Reply, #2 Exhibit 1 - Errata Sheet, #3 Exhibit 2 - Goncalves Transcript, #4 Exhibit 3 - Hughes Transcript, #5 Exhibit 4 - Piza Transcript, #6 Exhibit 5 - Saltsgaver Transcript, #7 Text of Proposed Order)(Thomas, Joseph)
November 29, 2017 Opinion or Order Filing 847 ORDER ON NOVEMBER 21, 2017, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel November 21, 2017, for a telephonic status conference. Argument held regarding a dispute over the length of a supplemental Rule 30(b)(c) deposition. The Court ruled that the deponent must be produced for up to two additional hours of questioning by Defendant Arch Insurance Company, plus up to one additional hour of questioning by the other Defendants. The parties may, if necessary, then contact the Magistrate Judge to see whether any additional deposition time will be permitted. For good cause shown, the Court would consider allowing brief additional questioning. However, given that by this point the deponent will have been made available for up to 17 hours of questioning, the Court does not, at this time, contemplate further extending that time. Signed by Magistrate Judge Tim A. Baker. (MGG)
November 27, 2017 Opinion or Order Filing 846 ORDER - granting #845 Motion for Extension of Time. The motion, ORDERS that the Phase I non-expert discovery deadline is hereby extended to March 15, 2018, and ORDERS that the deadline to file Statements of Claims and Defenses on Phase I Issues is hereby extended to March 29, 2018. The court anticipates no further extensions. Signed by Judge Robert L. Miller, Jr on 11/27/2017.(BRR)
November 22, 2017 Opinion or Order Filing 845 Joint MOTION for Extension of Time to March 15, 2018 for Phase I Non-Expert Discovery Deadline, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
November 17, 2017 Opinion or Order Filing 844 ORDER - granting #843 Motion for Extension of Time to File Response. The Upper Excess Carriers shall have to and including December 1, 2017 to respond to Lilly's Motion to Compel. Signed by Judge Robert L. Miller, Jr on 11/17/2017. (BRR)
November 16, 2017 Opinion or Order Filing 843 Unopposed MOTION for Extension of Time to File Response to 12/01/2017 re #832 MOTION to Compel Rule 30(b)(6) Depositions on Phase I Issues As to All Upper Excess Carriers, filed by Defendant XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order)(Donald, Lindsay)
November 14, 2017 Opinion or Order Filing 842 ORDER granting Plaintiffs' #824 Motion to Maintain Document No. 823-1 Under Seal. Signed by Magistrate Judge Tim A. Baker on 11/14/2017. (SWM)
November 14, 2017 Opinion or Order Filing 841 ORDER granting Plaintiffs' #814 Motion to Maintain Document No. 813 Under Seal. Signed by Magistrate Judge Tim A. Baker on 11/14/2017. (SWM)
November 14, 2017 Opinion or Order Filing 840 ORDER granting Defendant Commercial Union Insurance Company's #807 Motion to Maintain Document No. 806 Under Seal. Signed by Magistrate Judge Tim A. Baker on 11/14/2017. (SWM)
November 13, 2017 Opinion or Order Filing 838 SCHEDULING ORDER: Status Conference set for 11/21/2017 01:30 PM in Telephonic before Magistrate Judge Tim A. Baker. The purpose of this conference is to address a discovery dispute. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. Signed by Magistrate Judge Tim A. Baker on 11/13/2017.(SWM)
November 9, 2017 Opinion or Order Filing 837 OPINION AND ORDER - The court GRANTS in part and DENIES in part Plaintiffs' motion to compel [Doc. No. #733 ]; GRANTS Arch's motion for protective order [Doc. No. #760 ]; and DENIES Plaintiffs' cross-motion to compel documents regarding non-party Arch policyholders [Doc. No. 784]. (See Order.) Signed by Judge Robert L. Miller, Jr on 11/9/2017. (BRR)
November 7, 2017 Opinion or Order Filing 836 ORDER denying #752 Motion to Compel without prejudice to refiling and denying as moot #834 Motion for Extension of Time to File Response re #834 MOTION for Extension of Time. The court is confident that the parties can resolve this dispute without court intervention, but if they can't, the parties will be in a better position to streamline the issues for the court. Signed by Judge Robert L. Miller, Jr on 11/7/2017. (CBU)
November 7, 2017 Opinion or Order Filing 835 RESPONSE to Motion re #834 MOTION for Extension of Time to File Response to November 20, 2017 re #752 MOTION to Compel Reinsurance Documents and Information (Unopposed), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - November 6 email exchange between Arch and Lilly counsel)(Fischer, John)
November 6, 2017 Opinion or Order Filing 834 MOTION for Extension of Time to File Response to November 20, 2017 re #752 MOTION to Compel Reinsurance Documents and Information , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
November 3, 2017 Opinion or Order Filing 833 BRIEF/MEMORANDUM in Support re #832 MOTION to Compel Rule 30(b)(6) Depositions on Phase I Issues , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - 7-31-17 Letter from Lilly counsel to RSUI Counsel, #2 Exhibit 2 - Amended 30(b)(6) Deposition Notice on RSUI, #3 Exhibit 3 - 9-1-17 Letter from RSUI Counsel to Lilly Counsel, #4 Exhibit 4 - RSUI Objection to 30(b)(6) Deposition Notice, #5 Exhibit 5 - 6-14-17 Letter from Lilly Counsel to LIU Counsel, #6 Exhibit 6 - Rule 30(b)(6) Deposition Notice on LIU, #7 Exhibit 7 - 7-21-17 Letter from LIU Counsel to Lilly Counsel, #8 Exhibit 8 - LIU Objection to 30(b)(6) Deposition Notice, #9 Exhibit 9 - 6-14-17 Letter from Lilly Counsel to XL Counsel, #10 Exhibit 10 - Rule 30(b)(6) Deposition Notice on XL, #11 Exhibit 11 - 10-17-17 Letter from XL Counsel to Lilly Counsel, #12 Exhibit 12 - XL Objections to 30(b)(6) Deposition Notice, #13 Exhibit 13 - 6-19-17 Letter from Lilly Counsel to Westchester Counsel, #14 Exhibit 14 - Amended Rule 30(b)(6) Deposition Notice on Westchester, #15 Exhibit 15 - 8-8-2017 Letter from Westchester Counsel to Lilly Counsel, #16 Exhibit 16 - Westchester Objection to 30(b)(6) Deposition Notice, #17 Exhibit 17 - 6-14-17 Letter from Lilly Counsel to Endurance Counsel, #18 Exhibit 18 - Amended 30(b)(6) Deposition Notice on Endurance, #19 Exhibit 19 - 8-7-17 Letter from Endurance Counsel to Lilly Counsel, #20 Exhibit 20 - Endurance Objection to Rule 30(b)(6) Deposition Notice, #21 Exhibit 21 - Westchester Answer to Lilly First Set of Interrogatories, #22 Exhibit 22 - XL Answers to Lilly's First Set of Interrogatories, #23 Exhibit 23 - RSUI Answers to Lilly First Set of Interrogatories, #24 Exhibit 24 - Endurance Answers to Lilly's First Set of Interrogatories, #25 Exhibit 25 - LIU Answers to Lilly's First Set of Interrogatories, #26 Exhibit 26 - August 2015-March 2017 Email Chain Between XL Counsel and Lilly Counsel, #27 Exhibit 27 - XL Objection to Original Rule 30(b)(6) Deposition Notice, #28 Exhibit 28 - RSUI Preliminary Witness and Exhibit List, #29 Exhibit 29 - Westchester Preliminary Witness and Exhibit List for Phase I, #30 Exhibit 30 - Endurance Phase I Preliminary Witness and Exhibit List, #31 Exhibit 31 - XL Preliminary Witness and Exhibit List, #32 Exhibit 32 - Excerpts from 11-11-15 Deposition of Les Ross, #33 Exhibit 33 - Excerpts from 10-27-16 Deposition of Diogenes Goncalves, #34 Exhibit 34 - Excerpts from 12-7-16 Deposition of Lee Lindsay, #35 Exhibit 35 - Excerpts from 12-14-16 Deposition of James Hughes, #36 Exhibit 36 - Excerpts from 2-18-17 Deposition of Allan Borgersen, #37 Exhibit 37 - Excerpts from 3-24-17 Deposition of Mark Saltsgaver)(Fischer, John)
November 3, 2017 Opinion or Order Filing 832 MOTION to Compel Rule 30(b)(6) Depositions on Phase I Issues, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
November 2, 2017 Opinion or Order Filing 831 ORDER ON JOINT MOTION FOR A IN-PERSON STATUS CONFERENCE - The parties have filed joint motion to convert the telephonic status conference currently set for November 6, 2017, at 1:30 p.m., to an in-person conference. Doc. No. #829 . The court, finding the motion to be for good cause, hereby GRANTS in part and DENIES in part the motion. The court hereby VACATES the telephonic status conference set for November 6, 2017, and RE-SETS the status conference for Friday, December 15, 2017, at 1:30 p.m., in Courtroom 246, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, at which time the parties shall appear by counsel to bring the successor judge up to date on the case's issues and procedural posture, though without argument on the merits of any pending or anticipated motion. The conference will be limited to 60 minutes. Signed by Judge Robert L. Miller, Jr on 11/3/2017.(BRR)
November 2, 2017 Opinion or Order Filing 830 ORDER - granting #828 Joint Motion to Modify certain Case Management Plan Deadlines. The court anticipates no further extension of these deadlines. (See Order.) Signed by Judge Robert L. Miller, Jr on 11/2/2017.(BRR)
November 1, 2017 Opinion or Order Filing 829 Joint MOTION by All Parties for In-Person Status Conference, or, in the Alternative, Notice of Contact Information for Telephonic Status Conference, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
October 27, 2017 Opinion or Order Filing 828 Joint MOTION for Extension of Time to Certain CMP Deadlines filed by Lilly and Arch, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
October 26, 2017 Opinion or Order Filing 827 ORDER - granting #821 Unopposed Motion for Extension of Time. Arch shall have to and including November 6, 2017, to respond to Plaintiffs' Motion to Compel Reinsurance Documents and Information. Signed by Judge Robert L. Miller, Jr on 10/26/2017. (BRR)
October 25, 2017 Opinion or Order Filing 826 ORDER GRANTING LILLY'S UNOPPOSED MOTION FOR A STATUS CONFERENCE - Plaintiffs' unopposed motion for a status conference [Doc. No. #822 ] is GRANTED. A telephonic status conference will be conducted on November 6, 2017, at 1:30 p.m. (E.S.T), to allow the parties to bring the successor judge up to date on the case's issues and procedural posture, though without argument on the merits of any pending or anticipated motion. The conference will be limited to 60 minutes. Counsel for Eli Lilly and Company is directed to make arrangements for the conference call and to provide all parties and the court with contact information at least three business days before the conference. The parties are advised that use of cell phones is prohibited and that speaker functions must be disabled to avoid technical issues in recording the proceedings. Signed by Judge Robert L. Miller, Jr on 10/25/2017. (BRR)
October 24, 2017 Opinion or Order Filing 825 REDACTION to #823 SEALED Document (Case Participants - doc) by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit Attachment 1 - ABL Brief)(Connor, Colin)
October 24, 2017 Opinion or Order Filing 824 MOTION to Maintain Document Under Seal #823 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
October 24, 2017 Opinion or Order Filing 823 *** SEALED PER ORDER DATED 11/14/2017 *** SEALED Declaration of Robert A. West re #369 , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit Attachment 1 - ABL Brief)(Connor, Colin) Modified on 11/14/2017 (SWM). Modified on 3/7/2018 (BRR).
October 24, 2017 Opinion or Order Filing 822 Unopposed MOTION for Status Conference, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit Ex. A - Pending Motions, #2 Text of Proposed Order)(Connor, Colin)
October 23, 2017 Opinion or Order Filing 821 Unopposed MOTION for Extension of Time to File Response to November 6, 2017 re #752 MOTION to Compel Reinsurance Documents and Information , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
October 19, 2017 Opinion or Order Filing 820 REPLY in Support of Motion re #784 Cross MOTION to Compel Responses to Discovery Regarding Arch's Brazilian Illegality Defense , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
October 18, 2017 Opinion or Order Filing 819 ORDER granting #816 Motion for Extension of Time to File Response to 10/23/2017 re #752 MOTION to Compel Reinsurance Documents and Information. Signed by Judge Robert L. Miller, Jr on 10/18/2017. (JD)
October 17, 2017 Opinion or Order Filing 818 ORDER granting #786 Motion to Supplement the Summary Judgment Record. Lilly must file a supplemental affidavit with the document attached within 7 days of the date of this order. Signed by Judge Robert L. Miller, Jr on 10/17/2017. (JD)
October 17, 2017 Opinion or Order Filing 817 Submission of Proposed Order Granting Extension of Time to File Response, re #816 Unopposed MOTION for Extension of Time to File Response to October 23, 2017 re #752 MOTION to Compel Reinsurance Documents and Information , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
October 16, 2017 Opinion or Order Filing 816 Unopposed MOTION for Extension of Time to File Response to October 23, 2017 re #752 MOTION to Compel Reinsurance Documents and Information , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
October 11, 2017 Opinion or Order Filing 815 REDACTION to #813 SEALED Reply in support of Motion For Leave to Supplement the Record Supporting Motion for Partial Summary Judgment against Lamorak and In Opposition to Lamorak's Motion for Summary Judgment by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
October 11, 2017 Opinion or Order Filing 814 MOTION to Maintain Document Under Seal #813 SEALED Reply in support of Motion For Leave to Supplement the Record Supporting Motion for Partial Summary Judgment against Lamorak and In Opposition to Lamorak's Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
October 11, 2017 Opinion or Order Filing 813 *** SEALED PER ORDER DATED 11/14/2017 *** SEALED REPLY in support of Motion re #786 SEALED MOTION For Leave to Supplement the Record Supporting Motion for Partial Summary Judgment against Lamorak and In Opposition to Lamorak's Motion for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan) Modified on 11/14/2017 (SWM).
October 10, 2017 Opinion or Order Filing 812 ORDER - granting #810 Motion for Extension of Time. Eli Lilly and Company and Eli Lilly do Brasil, Ltda. shall have to and including October 19, 2017 to file a Reply supporting its cross-motion to compel. Signed by Judge Robert L. Miller, Jr on 10/10/2017. (BRR)
October 10, 2017 Opinion or Order Filing 811 ORDER - granting #809 Motion for Extension of Time. Arch shall have to and including October 16, 2017, to respond to Plaintiffs' Motion to Compel Reinsurance Documents and Information. Signed by Judge Robert L. Miller, Jr on 10/10/2017. (BRR)
October 9, 2017 Opinion or Order Filing 810 Unopposed MOTION for Extension of Time to File Reply to October 19, 2017 re #784 Cross MOTION to Compel Responses to Discovery Regarding Arch's Brazilian Illegality Defense , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
October 9, 2017 Opinion or Order Filing 809 Unopposed MOTION for Extension of Time to File Response to October 16, 2017 re #752 MOTION to Compel Reinsurance Documents and Information , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
October 4, 2017 Opinion or Order Filing 808 REDACTION to #806 SEALED Response to Motion by COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (McNamee, Michael)
October 4, 2017 Opinion or Order Filing 807 MOTION to Maintain Document Under Seal #806 SEALED Response to Motion , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(McNamee, Michael)
October 4, 2017 Opinion or Order Filing 806 *** SEALED PER ORDER DATED 11/14/2017 *** SEALED RESPONSE re #786 SEALED MOTION For Leave to Supplement the Record Supporting Motion for Partial Summary Judgment against Lamorak and In Opposition to Lamorak's Motion for Summary Judgment , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (McNamee, Michael) Modified on 11/14/2017 (SWM).
October 3, 2017 Opinion or Order Filing 804 REPLY in Support of Motion re #760 MOTION for Protective Order Regarding Discovery Related to Non-Party Arch Policyholders and OPPOSITION re #785 CROSS MOTION to Compel Responses to Discovery Regarding Arch's Brazilian Illegality Defense, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - September 15th email, #2 Exhibit 2 - September 11th Email)(Thomas, Joseph)
October 2, 2017 Opinion or Order Filing 803 ORDER granting #800 Motion for Extension of Time to File Response to 10/9/2017 re #752 MOTION to Compel Reinsurance Documents and Information. Signed by Judge Robert L. Miller, Jr on 10/2/2017. (JD)
October 2, 2017 Opinion or Order Filing 802 ORDER granting #799 Joint Motion to Extend Deposition and Briefing Deadlines. The court anticipates no further extension of these deadlines. Signed by Judge Robert L. Miller, Jr on 10/2/2017. (JD)
October 2, 2017 Opinion or Order Filing 801 ORDER REASSIGNING CASE - Pursuant to 28 U.S.C. Section 137 and Local Rule 40-1(f), this matter has been reassigned to Judge Robert L. Miller. Judge Larry J. McKinney is no longer assigned to the case. Please included the new case number, 1:13-cv-1770-RLM-TAB, on all future filings in this matter. Signed by Judge Jane Magnus-Stinson on 10/2/2017. (WMK)
October 2, 2017 Opinion or Order Filing 800 Unopposed MOTION for Extension of Time to File Response to October 9, 2017 re #752 MOTION to Compel Reinsurance Documents and Information , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
September 29, 2017 Opinion or Order Filing 799 Joint MOTION for Extension of Time to Complete Certain Depositions and File Briefs, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
September 27, 2017 Opinion or Order Filing 798 ORDER granting #795 Motion to Withdraw Attorney Appearance. Attorney Melisa G. Thompson withdrawn as counsel for Endurance American Specialty Insurance Company. Signed by Judge Jane Magnus-Stinson on 9/27/2017. (CBU)
September 26, 2017 Opinion or Order Filing 797 ORDER granting #792 Motion to Appear pro hac vice. Attorney Matthew G. Novaria for ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY added. Copy to Matthew G. Novaria via US Mail. Signed by Judge Jane Magnus-Stinson on 9/26/2017. (SWM) Modified on 9/27/2017 (JD).
September 26, 2017 Opinion or Order Filing 796 ORDER granting #791 Motion to Appear pro hac vice. Attorney Jared K. Clapper for ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY added. Copy to Jared K. Clapper via US Mail. Signed by Judge Jane Magnus-Stinson on 9/26/2017. (SWM)
September 26, 2017 Opinion or Order Filing 795 MOTION to Withdraw Attorney Appearance of Melisa G. Thompson, filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Attachments: #1 Proposed Order of Withdraw)(Thompson, Melisa)
September 25, 2017 Opinion or Order Filing 794 ORDER granting #790 Motion for Extension of Time to File Response to 10/2/2017 re #752 MOTION to Compel Reinsurance Documents and Information. Signed by Judge Jane Magnus-Stinson on 9/25/2017. (REO)
September 25, 2017 Opinion or Order Filing 793 ORDER granting #789 Motion Unopposed Motion of Arch Insurance Company and Arch Specialty Insurance Company (collectively "Arch") to file a combined briefon or before October 3, 2017. THE Motion is GRANTED. Arch shall be permitted to file a combined brief containing Arch's Reply in Support of its Motion for Protective Order [Doc. #760 ] and Arch's Opposition to plaintiffs' Cross Motion to Compel [Doc. #784 ] on or before October 3, 2017. Signed by Judge Jane Magnus-Stinson on 9/25/2017. (REO)
September 25, 2017 Opinion or Order Filing 792 MOTION for Attorney(s) Matthew G. Novaria to Appear pro hac vice (Filing fee $100, receipt number 0756-4553866), filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Attachments: #1 Appearance)(Thompson, Melisa)
September 25, 2017 Opinion or Order Filing 791 MOTION for Attorney(s) Jared K. Clapper to Appear pro hac vice (Filing fee $100, receipt number 0756-4553520), filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Attachments: #1 Appearance of Jared K. Clapper)(Thompson, Melisa)
September 22, 2017 Opinion or Order Filing 790 Unopposed MOTION for Extension of Time to File Response to October 2, 2017 re #752 MOTION to Compel Reinsurance Documents and Information , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
September 22, 2017 Opinion or Order Filing 789 Unopposed MOTION to File a Combined Brief on or Before October 3, 2017, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
September 20, 2017 Opinion or Order Filing 788 REDACTION to #786 SEALED MOTION For Leave to Supplement the Record Supporting Motion for Partial Summary Judgment against Lamorak and In Opposition to Lamorak's Motion for Summary Judgment by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - ABL Brief (Filed Under Seal))(Leagre, Ryan)
September 20, 2017 Opinion or Order Filing 787 MOTION to Maintain Document Under Seal #786 SEALED MOTION For Leave to Supplement the Record Supporting Motion for Partial Summary Judgment against Lamorak and In Opposition to Lamorak's Motion for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
September 20, 2017 Opinion or Order Filing 786 *** SEALED PER ORDER DATED 12/19/2017 *** SEALED MOTION For Leave to Supplement the Record Supporting Motion for Partial Summary Judgment against Lamorak and In Opposition to Lamorak's Motion for Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - ABL Brief)(Leagre, Ryan) Modified on 12/19/2017 (SWM).
September 19, 2017 Opinion or Order Filing 785 BRIEF/MEMORANDUM in Support of #784 Cross MOTION to Compel/RESPONSE in Opposition to #760 MOTION for Protective Order Regarding Discovery Related to Non-Party Arch Policyholders, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Arch Dec. 21, 2015 Requests for Production on Lilly, #2 Exhibit 2 - Arch July 12, 2016 Requests for Admission on Lilly)(Fischer, John) Modified on 9/20/2017 (JD).
September 19, 2017 Opinion or Order Filing 784 Cross MOTION to Compel/RESPONSE in Opposition to #760 MOTION for Protective Order Regarding Discovery Related to Non-Party Arch Policyholders, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John) Modified docket text and added document link on 9/20/2017 (JD).
September 18, 2017 Opinion or Order Filing 783 ORDER granting in part and denying in part #769 Motion for Clarification of the Court's September 1, 2017, Order and Submission of Privileged Documents for In Camera Review. The Court GRANTS Plaintiffs', Eli Lilly and Companyand Lilly do Brasil, Ltda., Motion for Clarification of the Court's September 1, 2017, Order and Submission of Privileged Documents for In Camera Review to the extent it sought clarification and DENIES the Motion to the extent it sought permission to provide redacted versions of Saltsgaver's electronic notes to satisfy the Prior Order. The Court further ORDERS Lilly to produce to Defendants, Arch Insurance Company and Arch Specialty Insurance Company, any and all electronic notes that Saltsgaver reviewed prior to his depositions in an effort to refresh his recollection or to otherwise prepare for his depositions. Therefore, Lilly must produce an unredacted version of Saltsgaver's electronic notes to Arch within 3 days of the date of this Order. Signed by Judge Larry J. McKinney on 9/18/2017. (REO)
September 15, 2017 Opinion or Order Filing 782 ORDER granting #779 Motion to Maintain Document Under Seal. The Court hereby seals pages 1-4, 7-8, and 18-19 of #778 SEALED Reply in support of Lilly's Motion to Compel in accordance with Local Rule 5-11 of the United StatesDistrict Court of the Southern District of Indiana and Section 18 of the CivilElectronic Case Filing Administrative Policies and Procedures Manual for theSouthern District of Indiana. Signed by Judge Larry J. McKinney on 9/15/2017. (REO)
September 15, 2017 Opinion or Order Filing 781 RESPONSE in Opposition re #769 MOTION for Clarification of the Court's September 1, 2017 Order and Submission of Privileged Documents for In Camera Review , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Production Cover Letter)(Thomas, Joseph)
September 14, 2017 Opinion or Order Filing 780 REDACTION to #778 SEALED Reply in support of Motion to Compel by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
September 14, 2017 Opinion or Order Filing 779 MOTION to Maintain Document Under Seal #778 SEALED Reply in support of Motion to Compel, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
September 14, 2017 Opinion or Order Filing 778 SEALED REPLY in support of Motion re #733 MOTION to Compel , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
September 13, 2017 Opinion or Order Filing 777 ORDER: Competing motion practice in this action has delayed final briefing on cross motions for summary judgment for over a year. In the latest foray, Defendants Arch Insurance Company and Arch Specialty Insurance Company (collectively, "Arch"), filed a "Notice Regarding Attempts to Establish a Proposed Deposition and Briefing Schedule." Dkt. No. 768. The Court is not required to act on the "notice" of a party. Rather, in this district the Court acts if the parties file a "Motion" under the applicable Federal Rule of Civil Procedure or Local Rule. Therefore, the notices and responses thereto are of no moment. Absent a timely motion seeking additional time, for good cause, this Order confirms the following briefing schedule on the pending cross-motions for summary judgment, which were proposed by the parties and Ordered by this Court, see Docket No. 716. See Order for established deadlines. Signed by Judge Larry J. McKinney on 9/13/2017.(SWM)
September 13, 2017 Opinion or Order Filing 776 ORDER granting Plaintiffs' #774 Motion for Extension of Time to File Response to 9/19/2017 re #760 MOTION for Protective Order Regarding Discovery Related to Non-Party Arch Policyholders. Signed by Judge Larry J. McKinney on 9/13/2017. (SWM)
September 12, 2017 Opinion or Order Filing 775 RESPONSE to Arch Insurance Company's Notice Regarding Attempts to Establish a Proposed Briefing Schedule, re #768 Notice (Other), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Detherage, Andrew)
September 12, 2017 Opinion or Order Filing 774 Unopposed MOTION for Extension of Time to File Response to September 19, 2017 re #760 MOTION for Protective Order Regarding Discovery Related to Non-Party Arch Policyholders , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Fischer, John)
September 11, 2017 Opinion or Order Filing 773 ORDER granting #772 Motion to Maintain Document Under Seal re #770 Sealed Document. Signed by Judge Larry J. McKinney on 9/11/2017. (GSO)
September 8, 2017 Opinion or Order Filing 772 MOTION to Maintain Document Under Seal #770 SEALED Document (Case Participants - doc) Exhibit 1 filed with Lilly's Motion for Clarification of the Court's September 1, 2017 Order and Submission of Privileged Documents for In Camera Review, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
September 8, 2017 Opinion or Order Filing 770 SEALED Exhibit 1 filed with Lilly's Motion for Clarification of the Court's September 1, 2017 Order and Submission of Privileged Documents for In Camera Review, re #769 Motion (Other), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Saltsgaver's Electronic Notes)(Leagre, Ryan)
September 8, 2017 Opinion or Order Filing 769 MOTION for Clarification of the Court's September 1, 2017 Order and Submission of Privileged Documents for In Camera Review, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Saltsgaver's electronic notes (FILED UNDER SEAL), #2 Exhibit 2 - Arch's Amended 30(b)(6) Deposition Notice to Eli Lilly, #3 Exhibit 3 - Arch's Amended 30(b)(6) Deposition Notice to Lilly Brasil, #4 Exhibit 4 - Eli Lilly's Response to Arch's 30(b)(6) notice, #5 Exhibit 5 - Lilly Brasil's Response to Arch's 30(b)(6) Notice)(Leagre, Ryan)
September 8, 2017 Opinion or Order Filing 768 NOTICE Regarding Attempts to Establish a Proposed Deposition and Briefing Schedule, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY (Attachments: #1 Exhibit 1 - Email Correspondence) (Thomas, Joseph)
September 8, 2017 Opinion or Order Filing 767 ORDER granting #766 Motion for Extension of Time to File Response to 9/25/2017 re #752 MOTION to Compel Reinsurance Documents and Information. Signed by Judge Larry J. McKinney on 9/8/2017. (REO)
September 7, 2017 Opinion or Order Filing 766 Unopposed MOTION for Extension of Time to File Response to September 25, 2017 re #752 MOTION to Compel Reinsurance Documents and Information , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
September 7, 2017 Opinion or Order Filing 765 ORDER granting #764 Motion for Extension of Time to File Reply to 9/14/2017 re #733 MOTION to Compel . Signed by Judge Larry J. McKinney on 9/6/2017. (REO)
September 5, 2017 Opinion or Order Filing 764 Unopposed MOTION for Extension of Time to File Reply to 09/14/2017 re #733 MOTION to Compel , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
September 1, 2017 Opinion or Order Filing 763 ORDER granting #758 Motion to Maintain Document Under Seal - Document #757 SEALED Response to Motion shall remain sealed. Signed by Judge Larry J. McKinney on 9/1/2017. (JKS)
September 1, 2017 Opinion or Order Filing 762 ORDER granting in part and denying in part Defendants' #710 Motion to Compel - Plaintiffs Eli Lilly and Company and Lilly do Brasil, Ltda., shall identify all documents it provided to Saltsgaver in order to refresh Saltsgaver's recollection and otherwise prepare him for the depositions in his individual capacity and in his capacity as a Rule 30(b)(6) representative. To the extent they have not already been provided, Plaintiffs Eli Lilly and Company and Lilly do Brasil, Ltda., must also produce all of the electronic notes that Saltsgaver reviewed to refresh his recollection for his depositions. Furthermore, the Court DENIES the parties' cross requests for attorney's fees in relation to this Motion to Compel. Signed by Judge Larry J. McKinney on 9/1/2017. (JKS)
August 31, 2017 Opinion or Order Filing 761 BRIEF/MEMORANDUM in Support re #760 MOTION for Protective Order Regarding Discovery Related to Non-Party Arch Policyholders , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Third Set of Interrogatories, #2 Exhibit 2 - Second Set of Requests for Admission, #3 Exhibit 3 - Meet and Confer Email Chain, #4 Text of Proposed Order)(Thomas, Joseph)
August 31, 2017 Opinion or Order Filing 760 MOTION for Protective Order Regarding Discovery Related to Non-Party Arch Policyholders, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
August 31, 2017 Opinion or Order Filing 759 REDACTION to #757 SEALED Response to Motion to Compel Schering-Plough Documents by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Touchstone Deposition Excerpts, #2 Exhibit 2 - Third Set of Document Requests, #3 Exhibit 3 - Hughes Deposition Excerpts, #4 Exhibit 4 - Borgersen Deposition Excertps, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Filed Under Seal, #7 Exhibit 7 - Ross Deposition Excerpts, #8 Exhibit 8 - Filed Under Seal)(Thomas, Joseph)
August 31, 2017 Opinion or Order Filing 758 MOTION to Maintain Document Under Seal #757 SEALED Response to Motion to Compel Schering-Plough Documents, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
August 31, 2017 Opinion or Order Filing 757 SEALED RESPONSE re #733 MOTION to Compel Schering-Plough Documents, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Touchstone Deposition Excerpts, #2 Exhibit 2 - Third Set of Document Requests, #3 Exhibit 3 - Hughes Deposition Excerpts, #4 Exhibit 4 - Borgersen Deposition Excerpts, #5 Exhibit 5 - Endorsement, #6 Exhibit 6 - Producer Agreements, #7 Exhibit 7 - Ross Deposition Excerpts, #8 Exhibit 8 - LILLY_00211336-37)(Thomas, Joseph)
August 29, 2017 Opinion or Order Filing 756 ORDER granting #754 Motion to Maintain Document Under Seal re #753 Sealed Document. Signed by Judge Larry J. McKinney on 8/29/2017. (GSO)
August 28, 2017 Opinion or Order Filing 755 REDACTION to #752 MOTION to Compel Reinsurance Documents and Information, #753 SEALED Document (Case Participants - doc) Lilly's Brief in Support of its Motion to Compel Reinsurance Documents and Information (Redacted) by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Redacted Touchstone Deposition Excerpts, #2 Exhibit 2 - Jan. 2009 emails between L. Ross and J. Touchstone (filed under seal), #3 Exhibit 3 - 2008 Worksheet (filed under seal), #4 Exhibit 4 - 2004 Worksheet (filed under seal), #5 Exhibit 5 - 2005 Worksheet (filed under seal), #6 Exhibit 6 - 2006 Worksheet (filed under seal), #7 Exhibit 7 - 2007 Worksheet (filed under seal), #8 Exhibit 8 - 2009 Worksheet (filed under seal), #9 Exhibit 9 - 2010 Worksheet (filed under seal), #10 Exhibit 10 - 2011 Worksheet (lower layer) (filed under seal), #11 Exhibit 11 - 2011 Worksheet (upper layer) (filed under seal), #12 Exhibit 12 - 2012 Worksheet (filed under seal), #13 Exhibit 13 - 2013 Worksheet (filed under seal), #14 Exhibit 14 - 2014 Worksheet (filed under seal), #15 Exhibit 15 - Nov. 28, 2006 email from E. Trischetta to J. Touchstone (filed under seal), #16 Exhibit 16 - Redacted Conkin Deposition Excerpts, #17 Exhibit 17 - Nov. 29, 2006 Arch Quote (filed under seal), #18 Exhibit 18 - Dec. 12, 2003 Arch Quote (filed under seal), #19 Exhibit 19 - Dec. 7, 2005 Arch Quote (filed under seal), #20 Exhibit 20 - Dec. 2009 Westchester email correspondence (filed under seal), #21 Exhibit 21 - Example 1 of redacted reinsurance document (filed under seal), #22 Exhibit 22 - Example 2 of redacted reinsurance document (filed under seal), #23 Exhibit 23 - Example 3 of redacted reinsurance document (filed under seal), #24 Exhibit 24 - Sep. 12, 2014 RFPs to Arch Specialty, #25 Exhibit 25 - Sep. 12, 2014 RFPs to Arch Insurance, #26 Exhibit 26 - Arch's "Redaction Log", #27 Exhibit 27 - Feb. 14, 2017 RFPs to Arch Specialty (filed under seal), #28 Exhibit 28 - Feb. 14, 2017 RFPs to Arch Insurance, #29 Exhibit 29 - Arch Specialty's Apr. 14, 2017 Responses to RFPs (filed under seal), #30 Exhibit 30 - Arch Insurance's Apr. 14, 2017 Responses to RFPs, #31 Exhibit 31 - Meet and confer emails, #32 Exhibit 32 - May 5, 2017 Letter from R. Leagre to M. Gramke, #33 Exhibit 33 - May 26, 2017 Letter from M. Gramke to R. Leagre (filed under seal), #34 Exhibit 34 - July 21, 2017 Letter from R. Leagre to M. Gramke (filed under seal), #35 Exhibit 35 - July 31, 2017 Letter from M. Gramke to R. Leagre (filed under seal))(Leagre, Ryan)
August 28, 2017 Opinion or Order Filing 754 MOTION to Maintain Document Under Seal #753 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
August 28, 2017 Opinion or Order Filing 753 SEALED Brief in Support of Lilly's Motion to Compel Reinsurance Documents and Information, re #752 Motion to Compel, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Excerpts from Deposition of John Touchstone, #2 Exhibit 2 - January 2009 emails between L. Ross and J. Touchstone, #3 Exhibit 3 - 2008 Worksheet, #4 Exhibit 4 - 2004 Worksheet, #5 Exhibit 5 - 2005 Worksheet, #6 Exhibit 6 - 2006 Worksheet, #7 Exhibit 7 - 2007 Worksheet, #8 Exhibit 8 - 2009 Worksheet, #9 Exhibit 9 - 2010 Worksheet, #10 Exhibit 10 - 2011 Worksheet (lower layer), #11 Exhibit 11 - 2011 Worksheet (upper layer), #12 Exhibit 12 - 2012 Worksheet, #13 Exhibit 13 - 2013 Worksheet, #14 Exhibit 14 - 2014 Worksheet, #15 Exhibit 15 - Nov. 28, 2006 email from E. Trischetta to J. Touchstone, #16 Exhibit 16 - Excerpts from 30(b)(6) Deposition of Jason Conkin, #17 Exhibit 17 - Nov. 29, 2006 Arch Quote, #18 Exhibit 18 - Dec. 12, 2003 Arch Quote, #19 Exhibit 19 - Dec. 7, 2005 Arch Quote, #20 Exhibit 20 - Dec. 2009 Westchester email correspondence, #21 Exhibit 21 - Example 1 of redacted reinsurance document, #22 Exhibit 22 - Example 2 of redacted reinsurance document, #23 Exhibit 23 - Example 3 of redacted reinsurance document, #24 Exhibit 24 - Sep. 12, 2014 RFPs to Arch Specialty, #25 Exhibit 25 - Sep. 12, 2014 RFPs to Arch Insurance, #26 Exhibit 26 - Arch's "Redaction Log", #27 Exhibit 27 - Feb. 14, 2017 RFPs to Arch Specialty, #28 Exhibit 28 - Feb. 14, 2017 RFPs to Arch Insurance, #29 Exhibit 29 - Arch Specialty's Apr. 14, 2017 Responses to RFPs, #30 Exhibit 30 - Arch Insurance's Apr. 14, 2017 Responses to RFPs, #31 Exhibit 31 - Meet and confer emails, #32 Exhibit 32 - May 5, 2017 Letter from R. Leagre to M. Gramke, #33 Exhibit 33 - May 26, 2017 Letter from M. Gramke to R. Leagre, #34 Exhibit 34 - July 21, 2017 Letter from R. Leagre to M. Gramke, #35 Exhibit 35 - July 31, 2017 Letter from M. Gramke to R. Leagre)(Leagre, Ryan)
August 28, 2017 Opinion or Order Filing 752 MOTION to Compel Reinsurance Documents and Information, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
August 24, 2017 Opinion or Order Filing 751 NOTICE Regarding Deposition and Briefing Schedule (filed jointly with Plaintiffs), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY (Thomas, Joseph)
August 23, 2017 Opinion or Order Filing 750 ORDER - This cause has come before the Court upon the #749 Unopposed Motion of Arch Insurance Company and Arch Specialty Insurance Company (collectively "Arch") for an extension of time to respond to Plaintiffs' #733 Motion to Compel Production of Documents Responsive to Requests Nos. 13-19 of Plaintiffs' Second Request for Production of Documents dated February 14, 2017. IT IS ORDERED that the Motion should be, and hereby is, GRANTED. Arch shall have to and including August 31, 2017, to respond to Plaintiffs' Motion to Compel Production of Documents Responsive to Requests Nos. 13-19 of Plaintiffs' Second Request for Production of Documents dated February 14, 2017. Signed by Judge Larry J. McKinney on 8/23/2017. (GSO)
August 22, 2017 Opinion or Order Filing 749 Unopposed MOTION for Extension of Time to August 31, 2017 to Respond to Motion to Compel [Doc. #733 ], filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph) Modified on 8/23/2017 (JKS).
August 17, 2017 Opinion or Order Filing 748 ORDER ON ATTORNEY'S FEES AWARD - The Court GRANTS in part and DENIES in part Arch's request for attorney's fees and costs. Arch is awarded attorney's fees and costs in the amount of $81,611.39 to be paid by Lilly within 30 days of the date of this Order. (See Order.) Signed by Judge Larry J. McKinney on 8/17/2017. (GSO)
August 15, 2017 Opinion or Order Filing 747 ORDER GRANTING LILLY'S MOTION TO WITHDRAW DOCKET NUMBERS 732, 734, AND 736 FILED AUGUST 11, 2017 - Plaintiffs Eli Lilly and Company and Eli Lilly do Brasil, Ltda. (collectively, "Lilly") have moved the Court to Withdraw Docket Numbers #732 , #734 , and #736 filed on August 11, 2017. The Court finds that Lilly's #743 Motion is for good cause. IT IS THEREFORE ORDERED that Docket Numbers #732 , #734 , and #736 filed with this Court by Plaintiff, Lilly, on August 11, 2017, are hereby withdrawn. Signed by Judge Larry J. McKinney on 8/15/2017. (GSO)
August 15, 2017 Opinion or Order Filing 746 ORDER granting Plaintiff's #741 Motion to Maintain the #740 Sealed Brief in Support Under Seal. (See Order.) Signed by Judge Larry J. McKinney on 8/15/2017. (GSO)
August 15, 2017 Opinion or Order Filing 745 ORDER - This cause came before the Court upon Arch Insurance Company and Arch Specialty Insurance Company's #738 Motion to Maintain Documents Under Seal. Having considered the Motion and all responses and arguments related thereto, the Court hereby GRANTS the Motion. Signed by Judge Larry J. McKinney on 8/15/2017. (GSO)
August 15, 2017 Opinion or Order Filing 744 ORDER granting Plaintiff's #735 Motion to Maintain the #734 Sealed Brief in Support Under Seal. (See Order.) Signed by Judge Larry J. McKinney on 8/15/2017. (GSO)
August 14, 2017 Opinion or Order Filing 743 MOTION to Withdraw #734 SEALED Document (Case Participants - doc), #732 SEALED MOTION to Compel, #736 Redacted Document , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
August 14, 2017 Opinion or Order Filing 742 REDACTED DOCUMENT re #740 Sealed Brief in Support of #733 MOTION to Compel , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 01 - February 28, 2017 Borgersen Depo. Excerpts, #2 Exhibit 02 - December 2, 2002 D. Drain email to A. Borgersen, #3 Exhibit 03 - November 11, 2015 Ross Depo. Excerpts, #4 Exhibit 04 - March 23, 2016 Touchstone Depo. Excerpts, #5 Exhibit 05 - December 12, 2002 L. Ross email to J. Touchstone, #6 Exhibit 06 - December 31, 2002 J. Touchstone email to L. Ross, #7 Exhibit 07 - December 31, 2002 L. Ross email to J. Touchstone, #8 Exhibit 08 - December 20, 2002 L. Ross email to J. Touchstone, #9 Exhibit 09 - December 18, 2005 J. Touchstone email to L. Ross, #10 Exhibit 10 - L. Ross notes (1), #11 Exhibit 11 - L. Ross notes (2), #12 Exhibit 12 - December 18, 2002 L. Ross email to D. Morris, #13 Exhibit 13 - December 30, 2002 D. Drain email to A. Borgersen, #14 Exhibit 14 - December 30, 2002 A. Borgersen fax to L. Ross, #15 Exhibit 15 - December 19, 2003 L. Ross email to L. Acton, #16 Exhibit 16 - December 5, 2003 L. Ross email to M. Newlin, #17 Exhibit 17 - November 25, 2003 L. Ross email to A. Borgersen, #18 Exhibit 18 - November 21, 2003 L. Ross email to J. Touchstone (1), #19 Exhibit 19 - November 21, 2003 L. Ross email to J. Touchstone (2), #20 Exhibit 20 - November 21, 2003 A. Borgersen email to L. Ross, #21 Exhibit 21 - November 12, 2004 L. Ross email to A. Borgersen, #22 Exhibit 22 - February 11, 2005 L. Ross email to A. Borgersen, #23 Exhibit 23 - December 28, 2004 A. Borgersen email to L. Ross, #24 Exhibit 24 - February 11, 2005 L. Ross email to A. Borgersen, #25 Exhibit 25 - January 22, 2009 L. Ross email to J. Touchstone, #26 Exhibit 26 - February 18, 2009 A. Borgersen email to L. Ross, #27 Exhibit 27 - February 27, 2009 J. Touchstone email to L. Ross, #28 Exhibit 28 - February 14, 2017 2nd RFP to Arch, #29 Exhibit 29 - February 14, 2017 2nd RFP to Arch Specialty, #30 Exhibit 30 - April 17, 2017 Arch Response to 2nd RFP, #31 Exhibit 31 - April 17, 2017 Arch Specialty Response to 2nd RFP, #32 Exhibit 32 - June 13, 2017 R. Leagre email to M. Gramke, #33 Exhibit 33 - June 28, 2017 R. Leagre email to M. Gramke, #34 Exhibit 34 - July 18, 2017 M. Gramke email to R. Leagre, #35 Exhibit 35 - July 19, 2017 A. Detherage email to M. Gramke, #36 Exhibit 36 - July 21, 2017 A. Detherage email to M. Gramke, #37 Exhibit 37 - July 21, 2017 A. Detherage email to J. Klarfeld, #38 Exhibit 38 - July 21, 2017 R. Leagre email to Arch, #39 Exhibit 39 - July 27, 2017 M. Gramke email to A. Detherage, #40 Exhibit 40 - July 31, 2017 M. Gramke email to R. Leagre, #41 Exhibit 41 - January 7, 2003 A. Borgersen fax to T. Kauffman, #42 Exhibit 42 - December 18, 2002 L. Ross email to J. Touchstone)(Connor, Colin) Modified on 8/15/2017 (GSO).
August 14, 2017 Opinion or Order Filing 741 MOTION (), MOTION to Maintain Document Under Seal #740 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
August 14, 2017 Opinion or Order Filing 740 SEALED Brief in Support, re #733 Motion to Compel, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 01 - February 28, 2017 Borgersen Depo. Excerpts, #2 Exhibit 02 - December 2, 2002 D. Drain email to A. Borgersen, #3 Exhibit 03 - November 11, 2015 Ross Depo. Excerpts, #4 Exhibit 04 - March 23, 2016 Touchstone Depo. Excerpts, #5 Exhibit 05 - December 12, 2002 L. Ross email to J. Touchstone, #6 Exhibit 06 - December 31, 2002 J. Touchstone email to L. Ross, #7 Exhibit 07 - December 31, 2002 L. Ross email to J. Touchstone, #8 Exhibit 08 - December 20, 2002 L. Ross email to J. Touchstone, #9 Exhibit 09 - December 18, 2005 J. Touchstone email to L. Ross, #10 Exhibit 10 - L. Ross notes (1), #11 Exhibit 11 - L. Ross notes (2), #12 Exhibit 12 - December 18, 2002 L. Ross email to D. Morris, #13 Exhibit 13 - December 30, 2002 D. Drain email to A. Borgersen, #14 Exhibit 14 - December 30, 2002 A. Borgersen fax to L. Ross, #15 Exhibit 15 - December 19, 2003 L. Ross email to L. Acton, #16 Exhibit 16 - December 5, 2003 L. Ross email to M. Newlin, #17 Exhibit 17 - November 25, 2003 L. Ross email to A. Borgersen, #18 Exhibit 18 - November 21, 2003 L. Ross email to J. Touchstone (1), #19 Exhibit 19 - November 21, 2003 L. Ross email to J. Touchstone (2), #20 Exhibit 20 - November 21, 2003 A. Borgersen email to L. Ross, #21 Exhibit 21 - November 12, 2004 L. Ross email to A. Borgersen, #22 Exhibit 22 - February 11, 2005 L. Ross email to A. Borgersen, #23 Exhibit 23 - December 28, 2004 A. Borgersen email to L. Ross, #24 Exhibit 24 - February 11, 2005 L. Ross email to A. Borgersen, #25 Exhibit 25 - January 22, 2009 L. Ross email to J. Touchstone, #26 Exhibit 26 - February 18, 2009 A. Borgersen email to L. Ross, #27 Exhibit 27 - February 27, 2009 J. Touchstone email to L. Ross, #28 Exhibit 28 - February 14, 2017 2nd RFP to Arch, #29 Exhibit 29 - February 14, 2017 2nd RFP to Arch Specialty, #30 Exhibit 30 - April 17, 2017 Arch Response to 2nd RFP, #31 Exhibit 31 - April 17, 2017 Arch Specialty Response to 2nd RFP, #32 Exhibit 32 - June 13, 2017 R. Leagre email to M. Gramke, #33 Exhibit 33 - June 28, 2017 R. Leagre email to M. Gramke, #34 Exhibit 34 - July 18, 2017 M. Gramke email to R. Leagre, #35 Exhibit 35 - July 19, 2017 A. Detherage email to M. Gramke, #36 Exhibit 36 - July 21, 2017 A. Detherage email to M. Gramke, #37 Exhibit 37 - July 21, 2017 A. Detherage email to J. Klarfeld, #38 Exhibit 38 - July 21, 2017 R. Leagre email to Arch, #39 Exhibit 39 - July 27, 2017 M. Gramke email to A. Detherage, #40 Exhibit 40 - July 31, 2017 M. Gramke email to R. Leagre, #41 Exhibit 41 - January 7, 2003 A. Borgersen fax to T. Kauffman, #42 Exhibit 42 - December 18, 2002 L. Ross email to J. Touchstone)(Connor, Colin)
August 14, 2017 Opinion or Order Filing 739 REDACTION to #737 SEALED Reply in support of Motion to Compel by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Errata Sheets, #2 Exhibit 2 - Meet and Confer Correspondence, #3 Exhibit 3 - Redacted Meeting Notes (Filed Under Seal), #4 Exhibit 4 - Letter re Touchstone Materials)(Thomas, Joseph)
August 14, 2017 Opinion or Order Filing 738 MOTION to Maintain Document Under Seal #737 SEALED Reply in support of Motion , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
August 14, 2017 Opinion or Order Filing 737 SEALED REPLY in support of Motion re #710 MOTION to Compel , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Errata Sheets, #2 Exhibit 2 - Meet and Confer Correspondence, #3 Exhibit 3 - Redacted Meeting Notes, #4 Exhibit 4 - Letter re Touchstone Materials)(Thomas, Joseph)
August 11, 2017 Opinion or Order Filing 736 ***WITHDRAWN per #747 Order*** REDACTION to #734 SEALED Document (Case Participants - doc) Lilly's Brief in Support of Motion to Compel by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42)(Connor, Colin) Modified on 8/15/2017 (GSO).
August 11, 2017 Opinion or Order Filing 735 MOTION to Maintain Document Under Seal #734 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
August 11, 2017 Opinion or Order Filing 734 ***WITHDRAWN per #747 Order*** SEALED Brief in Support, re #733 Motion to Compel, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42)(Connor, Colin) Modified on 8/15/2017 (GSO).
August 11, 2017 Opinion or Order Filing 733 MOTION to Compel , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
August 11, 2017 Opinion or Order Filing 732 ***WITHDRAWN per #747 Order*** SEALED MOTION to Compel, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin) Modified on 8/15/2017 (GSO).
August 9, 2017 Opinion or Order Filing 731 ORDER - This cause came before the Court upon Arch Insurance Company and Arch Specialty Insurance Company's (the "Arch Defendants") #729 Motion for Leave to File a Reply in Support of Their Proof of Reasonable Attorney's Fees, Instanter. Having considered the Motion and all responses and arguments related thereto, the Court hereby GRANTS the Motion, and accepts the contemporaneous filing of the Arch Defendants' reply brief. Signed by Judge Larry J. McKinney on 8/9/2017. (GSO)
August 8, 2017 Opinion or Order Filing 730 RESPONSE and Reply in Support of Proof of Reasonable Attorney's Fees, re #721 SEALED Document (Case Participants - doc), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
August 8, 2017 Opinion or Order Filing 729 MOTION for Leave to File Reply in Support of Proof of Reasonable Attorneys Fees, Instanter, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
August 8, 2017 Opinion or Order Filing 728 ORDER granting #725 Motion to Maintain #724 Document Under Seal. (See Order.) Signed by Judge Larry J. McKinney on 8/8/2017. (GSO)
August 8, 2017 Opinion or Order Filing 727 ORDER granting #722 Motion to Maintain #721 Document Under Seal. (See Order.) Signed by Judge Larry J. McKinney on 8/8/2017. (GSO)
August 7, 2017 Opinion or Order Filing 726 REDACTION to #724 SEALED Response to Motion Lilly's Response to Arch's Motion to Compel by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Excerpts from Deposition of Mark Saltsgaver (FILED UNDER SEAL), #2 Exhibit B - August 7, 2017 Affidavit of Gregory Gotwald, #3 Exhibit C - Excerpts from Deposition of Jason Conkin, #4 Exhibit D - Declaration of Mark Saltsgaver (Redacted), #5 Exhibit E - July 10, 2017 Email from M. Gramke to A. Detherage and G. Gotwald, #6 Exhibit F - July 11, 2017 Email from M. Gramke to R. Leagre, #7 Exhibit G - July 18, 2017 Email from G. Gotwald to M. Gramke, #8 Exhibit H - July 18, 2017 Email from M. Gramke to G. Gotwald, #9 Exhibit I - July 25, 2017 Email from A. Detherage to M. Gramke, #10 Exhibit J - July 24, 2017 Email and Letter from A. Detherage to M. Gramke)(Leagre, Ryan)
August 7, 2017 Opinion or Order Filing 725 MOTION to Maintain Document Under Seal #724 SEALED Response to Motion , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
August 7, 2017 Opinion or Order Filing 724 SEALED RESPONSE re #710 MOTION to Compel Lilly's Response to Arch's Motion to Compel, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Excerpts from Deposition of Mark Saltsgaver, #2 Exhibit B - August 7, 2017 Affidavit of Gregory Gotwald, #3 Exhibit C - Excerpts from Deposition of Jason Conkin, #4 Exhibit D - Declaration of Mark Saltsgaver, #5 Exhibit E - July 10, 2017 Email from M. Gramke to A. Detherage and G. Gotwald, #6 Exhibit F - July 11, 2017 Email from M. Gramke to R. Leagre, #7 Exhibit G - July 18, 2017 Email from G. Gotwald to M. Gramke, #8 Exhibit H - July 18, 2017 Email from M. Gramke to G. Gotwald, #9 Exhibit I - July 25, 2017 Email from A. Detherage to M. Gramke, #10 Exhibit J - July 24, 2017 Email and Letter from A. Detherage to M. Gramke)(Leagre, Ryan)
August 7, 2017 Opinion or Order Filing 723 REDACTION to #721 SEALED Document (Case Participants - doc) Lilly's Response to Arch's Submission of Fees and Costs for Its Motion by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Arch's Fees Related to this Motion (FILED UNDER SEAL))(Claflin, Jeffrey)
August 7, 2017 Opinion or Order Filing 722 MOTION to Maintain Document Under Seal #721 SEALED Document (Case Participants - doc) Lilly's Response to Arch's Submission of Fees and Costs for Its Motion, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Claflin, Jeffrey)
August 7, 2017 Opinion or Order Filing 721 SEALED Lilly's Response to Arch's Submission of Fees and Costs for Its Motion, re #702 SEALED Document (Case Participants - doc), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Arch's Fees Related to this Motion)(Claflin, Jeffrey)
July 28, 2017 Opinion or Order Filing 720 ORDER GRANTING #717 UNOPPOSED MOTION TO EXTEND LILLY'S DEADLINE TO RESPOND TO ARCH'S PROOF OF ATTORNEYS' FEES - The Court, finding such motion to be for good cause, hereby GRANTS said motion. Accordingly, Lilly's deadline to respond to Arch's Proof of Attorneys' Fees is extended until August 7, 2017. Signed by Judge Larry J. McKinney on 7/28/2017. (GSO)
July 28, 2017 Opinion or Order Filing 719 ORDER - This matter comes before the Court on Plaintiffs', Eli Lilly and Company and Lilly Do Brasil Ltda. (collectively, "Lilly"), #700 Motion to Reconsider the Court's July 14, 2017, Order Granting Lamorak Leave to File Surreply (the "Motion"). Having considered the Motion and all arguments related thereto, the Court hereby DENIES it. Signed by Judge Larry J. McKinney on 7/28/2017. (GSO)
July 27, 2017 Opinion or Order Filing 718 ORDER ON MOTION TO RECONSIDER - The Court DENIES Lilly's #678 Motion to Reconsider the Court's June 14, 2017 Order on Motion for In Camera Review. (See Order.) Signed by Judge Larry J. McKinney on 7/27/2017. (GSO)
July 27, 2017 Opinion or Order Filing 717 Unopposed MOTION for Extension of Time to 08/07/2017 in which to #702 SEALED Document (Case Participants - doc) (Respond to Arch's Proof of Attorneys' Fees), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
July 27, 2017 Opinion or Order Filing 716 ORDER - This cause has come before the Court upon the #715 Unopposed Motion of Arch Insurance Company and Arch Specialty Insurance Company (collectively "Arch") for an extension of time to complete certain depositions and to file their Reply in Support of Motion for Judgment on the Pleadings and Opposition to Plaintiffs' Cross Motion for Partial Summary Judgment. IT IS ORDERED that the Motion should be, and hereby is, GRANTED. (See Order for deadlines.) Signed by Judge Larry J. McKinney on 7/27/2017. (GSO)
July 26, 2017 Opinion or Order Filing 715 MOTION for Extension of Time to Complete Certain Depositions and to File Reply in Support of Motion for Judgment on the Pleadings and Opposition to Plaintiffs Cross Motion for Partial Summary Judgment, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Arch's April 18 Email, #2 Exhibit 2 - Plaintiffs' April 24 Email, #3 Exhibit 3 - Arch's April 24 Email, #4 Exhibit 4 - Plaintiffs' April 27 Email, #5 Exhibit 5 - Arch's May 4 Email, #6 Exhibit 6 - Arch's May 6 Email, #7 Exhibit 7 - Arch's May 18 Email, #8 Exhibit 8 - Plaintiffs' May 25 Email, #9 Exhibit 9 - Plaintiffs' June 16 Email, #10 Exhibit 10 - Arch's June 29 Email, #11 Exhibit 11 - Plaintiffs' July 3 Email, #12 Exhibit 12 - Arch's July 5 Email, #13 Exhibit 13 - Arch's July 11 Email, #14 Exhibit 14 - Arch's July 17 Email, #15 Exhibit 15 - July 18 Email Exchange, #16 Exhibit 16 - July 24 Letter, #17 Exhibit 17 - Arch's July 24 Email, #18 Exhibit 18 - Plaintiff's July 20 Email re Errata Sheet, #19 Text of Proposed Order)(Thomas, Joseph)
July 25, 2017 Opinion or Order Filing 714 ORDER - This cause came before the Court upon Arch Insurance Company and Arch Specialty Insurance Company's (the "Arch Defendants'") #712 Motion for Leave to Maintain Document Under Seal. Having considered the Motion and all responses and arguments related thereto, the Court hereby GRANTS the Motion. Signed by Judge Larry J. McKinney on 7/25/2017. (GSO)
July 24, 2017 Opinion or Order Filing 713 REDACTION to #711 SEALED Document (Case Participants - doc) Memorandum in Support of Motion to Compel by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Excerpts from Saltsgaver Deposition, #2 Exhibit 2 - Summary Produced at Saltsgaver Deposition (Filed Under Seal), #3 Exhibit 3 - Gramke/Gotwald Email Exchange, #4 Exhibit 4 - April 6, 2017 Letter, #5 Exhibit 5 - May 5, 2017 Letter, #6 Exhibit 6 - May 11, 2017 Letter, #7 Exhibit 7 - July 7, 2017 Letter)(Thomas, Joseph)
July 24, 2017 Opinion or Order Filing 712 MOTION to Maintain Document Under Seal #711 SEALED Document (Case Participants - doc) , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
July 24, 2017 Opinion or Order Filing 711 SEALED Memorandum in Support, re #710 Motion to Compel, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Excerpts from Saltsgaver Deposition, #2 Exhibit 2 - Summary Produced at Saltsgaver Deposition, #3 Exhibit 3 - Gramke/Gotwald Email Exchange, #4 Exhibit 4 - April 6, 2017 Letter, #5 Exhibit 5 - May 5, 2017 Letter, #6 Exhibit 6 - May 11, 2017 Letter, #7 Exhibit 7 - July 7, 2017 Letter)(Thomas, Joseph)
July 24, 2017 Opinion or Order Filing 710 MOTION to Compel , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
July 24, 2017 Opinion or Order Filing 709 ORDER granting #703 Motion to Maintain Document Under Seal #702 SEALED Document. Signed by Judge Larry J. McKinney on 7/24/2017. (DW)
July 21, 2017 Opinion or Order Filing 708 NOTICE of Correction, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY, re #684 Response in Opposition to Motion. (Thomas, Joseph)
July 21, 2017 Opinion or Order Filing 707 ORDER ON MOTION TO SEAL PORTIONS OF ORDER - The Court DENIES Lilly's #694 Motion to Seal Portions of the Court's July 10, 2017, Order. (See Order.) Signed by Judge Larry J. McKinney on 7/21/2017. (GSO)
July 21, 2017 Opinion or Order Filing 706 ORDER granting the #698 Motion to Maintain Document Under Seal re the #697 Sealed Reply in Support of Motion. (See Order.) Signed by Judge Larry J. McKinney on 7/21/2017. (GSO)
July 21, 2017 Opinion or Order Filing 705 ORDER ON MOTION TO MAINTAIN DOCUMENTS UNDER SEAL - Defendant, Commercial Union Insurance Company l/k/a OneBeacon America Insurance Company, n/k/a Lamorak Insurance Company ("Lamorak"), filed its #696 Motion to Maintain Documents under Seal, and the Court being duly advised, hereby grants such Motion. IT IS THEREFORE ORDERED that the following documents shall be filed and maintained under seal: #695 Lamorak's Surreply or Supplemental Brief in Support of its "Late Notice" Defense against Plaintiffs and Declaration of Michael P. McNamee in Support of Lamorak's Motion for Leave to File a Surreply or Supplemental Brief in Support of its "Late Notice" Defense, including all exhibits thereto. Signed by Judge Larry J. McKinney on 7/21/2017. (GSO)
July 21, 2017 Opinion or Order Filing 704 REDACTION to #702 SEALED Document (Case Participants - doc) Notice of Filing Declarations of Frederic X. Shadley and Paul M. Kirkpatrick (Regarding Proof of Attorneys Fees) by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - [Redacted] Declaration of Frederic X. Shadley, #2 Exhibit 2 - [Redacted] Declaration of Paul M. Kirkpatrick)(Thomas, Joseph)
July 21, 2017 Opinion or Order Filing 703 MOTION to Maintain Document Under Seal #702 SEALED Document (Case Participants - doc) , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
July 21, 2017 Opinion or Order Filing 702 SEALED Notice of Filing Declarations of Frederic X. Shadley and Paul M. Kirkpatrick (Regarding Proof of Attorneys Fees), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Declaration of Frederic X. Shadley, #2 Exhibit 2 - Declaration of Paul M. Kirkpatrick)(Thomas, Joseph) Modified on 8/10/2017 (GSO).
July 20, 2017 Opinion or Order Filing 701 BRIEF/MEMORANDUM in Support re #700 MOTION for Reconsideration re #688 Order on Motion for Leave to File Surreply or Supplemental Brief in Support of its "Late Notice" Defense filed by Lamorak Insurance Company and Opposition to Lamorak's Motion for Leave to File Surreply, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
July 20, 2017 Opinion or Order Filing 700 MOTION for Reconsideration re #688 Order on Motion for Leave to File Surreply or Supplemental Brief in Support of its "Late Notice" Defense filed by Lamorak Insurance Company, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
July 20, 2017 Opinion or Order Filing 699 REDACTION to #697 SEALED Reply in support of Motion to Reconsider the Court's June 14, 2017 Order on Motion for in Camera Review by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit H - July 20, 2017 Affidavit of Gregory Gotwald)(Leagre, Ryan)
July 20, 2017 Opinion or Order Filing 698 MOTION to Maintain Document Under Seal #697 SEALED Reply in support of Motion to Reconsider the Court's June 14, 2017 Order on Motion for in Camera Review, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
July 20, 2017 Opinion or Order Filing 697 SEALED REPLY in support of Motion re #678 to Reconsider the Court's June 14, 2017 Order on Motion for in Camera Review, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit H - July 20, 2017 Affidavit of Gregory Gotwald)(Leagre, Ryan)
July 20, 2017 Opinion or Order Filing 696 MOTION to Maintain Document Under Seal #695 SEALED Document (Case Participants - doc) Lamorak's Surreply, Declaration, and Exhibits, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order Proposed Order)(Harkness, Scott)
July 20, 2017 Opinion or Order Filing 695 SEALED LAMORAK'S SURREPLY BRIEF re #695 , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Affidavit Declaration of Michael P. McNamee, #2 Exhibit Ex. 1 Gotwald ltr to Mead Aug 14, 2009 with complaint, #3 Exhibit Ex. 2 Botos/Mead/McKay emails Aug 19-25, 2009, #4 Exhibit Ex. 3 Chandler Nov 11, 2009 email with Serious Accident Notification, #5 Exhibit Ex. 4 Larimore/Santos/Saltsgaver Oct 28, 2010 emails, #6 Exhibit Ex. 5 Saltsgaver Jan 12, 2011 email with Plews/Gotwald memorandum, #7 Exhibit Ex. 6 Mead notes on Plews/Gotwald memorandum, #8 Exhibit Ex. 7 Mead/Szewczyk emails Feb 17-23, 2011, #9 Exhibit Ex. 8 Price/Mead/Chandler/Gotwald/Saltsgaver/Santos emails Feb 28 June 22, 2011, #10 Exhibit Ex. 9 Gotwald/Price/Chandler/Mead emails Feb 4 Sept 6, 2011, #11 Exhibit Ex. 10 Price/Mead/Sibilia/Gotwald/McKay emails Dec 7-15, 2011, #12 Exhibit Ex. 11 Gotwald/Saltsgaver/Mead emails Jul 19-23, 2012, #13 Exhibit Ex. 12 Saltsgaver email Aug 8, 2012 and Gotwald ltr Aug 7, 2012, #14 Exhibit Ex. 13 Gotwald/Morris/Saltsgaver/Mead emails Oct 16 Nov 6, 2012, #15 Exhibit Ex. 14 Chandler ltr Oct 2, 2012, #16 Exhibit Ex. 15 Botos/Mead/Gotwald emails Dec 13, 2012, #17 Exhibit Ex. 16 Mead/McKay emails Nov 28, 2012, #18 Exhibit Ex. 17 Botos email Apr 17, 2013 with Gotwald ltr Apr 15, 2013, #19 Exhibit Ex. 18 Merchant/Gotwald/Botos emails May 13-17, 2013, #20 Exhibit Ex. 19 Botos/Mead/MacNab emails Apr 17, 2013, #21 Exhibit Ex. 20 Botos/McKay/Mead emails Apr 17-26, 2013, #22 Exhibit Ex. 21 Merchant/Gotwald emails Jun 6 Jul 26, 2013)(Harkness, Scott) Modified on 3/7/2018 (BRR).
July 19, 2017 Opinion or Order Filing 694 SEALED Motion to Seal Portions of Order, re #683 Order on Motion, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - July 10, 2017 Order, #2 Text of Proposed Order Granting Motion to Seal)(Leagre, Ryan) Modified on 7/20/2017 (GSO).
July 19, 2017 Opinion or Order Filing 693 ORDER ON MOTION TO MAINTAIN DOCUMENTS UNDER SEAL - Defendant, Commercial Union Insurance Company l/k/a OneBeacon America Insurance Company, n/k/a Lamorak Insurance Company ("Lamorak"), filed its #691 Motion to Maintain Documents under Seal, and the Court being duly advised, hereby GRANTS such Motion. IT IS THEREFORE ORDERED that the following documents shall be filed and maintained under seal: Lamorak's #690 Surreply or Supplemental Brief in Support of its "Late Notice" Defense against Plaintiffs and Declaration of Michael P. McNamee in Support of Lamorak's Motion for Leave to File a Surreply or Supplemental Brief in Support of its "Late Notice" Defense, including all exhibits thereto. Signed by Judge Larry J. McKinney on 7/19/2017. (GSO)
July 18, 2017 Opinion or Order Filing 692 REDACTED DOCUMENT #690 Surreply Brief re #369 MOTION to Dismiss or for Summary Judgment, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Affidavit, #2 Exhibit)(Harkness, Scott) Modified on 7/19/2017 (JKS).
July 18, 2017 Opinion or Order Filing 691 MOTION to Maintain Document Under Seal #690 SEALED Document (Case Participants - doc) Lamorak's Surreply Brief, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Harkness, Scott)
July 18, 2017 Opinion or Order Filing 690 ***PLEASE DISREGARD - See #695 Surreply*** SEALED Surreply Brief re #369 MOTION, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Affidavit Declaration of Michael McNamee, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21)(Harkness, Scott) Modified on 7/19/2017 (JKS). Modified on 7/21/2017 (GSO).
July 14, 2017 Opinion or Order Filing 689 ORDER ON MOTION TO MAINTAIN DOCUMENTS UNDER SEAL - Defendant, Commercial Union Insurance Company l/k/a OneBeacon America Insurance Company, n/k/a Lamorak Insurance Company ("Lamorak"), filed its #686 Motion to Maintain Documents under Seal, and the Court being duly advised, hereby grants such Motion. IT IS THEREFORE ORDERED that the following documents shall be filed and maintained under seal: Lamorak's 685 Motion for Leave to File a Surreply or Supplemental Brief in Support of its "Late Notice" Defense, Declaration of Michael P. McNamee in Support of Lamorak's Motion for Leave to File a Surreply or Supplemental Brief in Support of its "Late Notice" Defense, including all exhibits thereto, and Lamorak's [Proposed] Surreply or Supplemental Brief in Support of its "Late Notice" Defense Against Plaintiffs. Signed by Judge Larry J. McKinney on 7/14/2017. (GSO)
July 14, 2017 Opinion or Order Filing 688 ORDER ON DEFENDANT LAMORAK INSURANCE COMPANY'S MOTION FOR LEAVE TO FILE A SURREPLY OR SUPPLEMENTAL BRIEF IN SUPPORT OF ITS "LATE NOTICE" DEFENSE - Defendant Lamorak Insurance Company ("Lamorak") filed its 685 Motion for Leave to file a Surreply or Supplemental Brief in Support of its "Late Notice" Defense and Proposed Surreply or Supplemental Brief. The Court, being duly advised, hereby grants said Motion. IT IS THEREFORE ORDERED that Lamorak may file its Surreply or Supplemental Brief on the docket. Signed by Judge Larry J. McKinney on 7/14/2017. (GSO)
July 13, 2017 Opinion or Order Filing 687 REDACTED DOCUMENT re 685 Motion for Leave to File Sur-reply, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Affidavit Declaration of Mike McNamara, #2 Exhibit, #3 Exhibit Redacted Sur-Reply)(Harkness, Scott) Modified on 7/14/2017 (GSO).
July 13, 2017 Opinion or Order Filing 686 MOTION to Maintain Document Under Seal 685 MOTION for Leave to File Sur-reply , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Harkness, Scott)
July 13, 2017 Opinion or Order Filing 684 RESPONSE in Opposition re #678 Motion to Reconsider, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
July 10, 2017 Opinion or Order Filing 683 ORDER - The Court GRANTS in part and DENIES in part the Motion. The Court STRIKES the affidavits of Ian S. Pettman and Mike Brown, and all references thereto, as they appear in conjunction with Lilly's Second Amended Complaint and Cross Motion for Partial Summary Judgment, or any responses to such documents. Arch shall be permitted to take Rule 30(b)(6) depositions of JLT regarding JLT's involvement in procuring and managing the insurance policies at issue in this action, in accordance with the relevant Federal Rules of Civil Procedure. Furthermore, Lilly shall be required to pay Arch's costs in connection with this Motion. Arch shall file proof of its reasonable attorney's fees associated with the Motion within fourteen days from the date of this Order, and Lilly shall have ten days thereafter to file its objections to Arch's claimed fees. (See Order.) Signed by Judge Larry J. McKinney on 7/10/2017. (GSO)
July 7, 2017 Opinion or Order Filing 682 Amended Corporate Disclosure Statement by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Thompson, Melisa) Modified on 7/10/2017 (JKS).
July 5, 2017 Opinion or Order Filing 681 ORDER granting Plaintiffs' #679 Motion to Maintain Document #678 Under Seal. Signed by Judge Larry J. McKinney on 7/5/2017. (JKS)
June 30, 2017 Opinion or Order Filing 680 REDACTION to #678 SEALED Document (Case Participants - doc) Lilly's Motion to Reconsider the Court's June 14, 2017 Order on Motion for In Camera Review (Redacted) by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - FILED UNDER SEAL, #2 Exhibit B - FILED UNDER SEAL, #3 Exhibit C - FILED UNDER SEAL, #4 Exhibit D - FILED UNDER SEAL, #5 Exhibit E - FILED UNDER SEAL, #6 Exhibit F - FILED UNDER SEAL, #7 Exhibit G - FILED UNDER SEAL)(Leagre, Ryan)
June 30, 2017 Opinion or Order Filing 679 MOTION to Maintain Document Under Seal #678 SEALED Document (Case Participants - doc) Lilly's Motion to Reconsider the Court's June 14, 2017 Order on Motion for In Camera Review (un-redacted), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
June 30, 2017 Opinion or Order Filing 678 SEALED Lilly's Motion to Reconsider the Court's June 14, 2017 Order on Motion for In Camera Review (un-redacted), re #673 Order on Sealed Motion (Case Participants - doc), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - 2007 Mead Renewal Binder (filed under seal), #2 Exhibit B - 2008 Mead Renewal Binder (Part 1) (filed under seal), #3 Exhibit B - 2008 Mead Renewal Binder (Part 2) (filed under seal), #4 Exhibit C - 2009 Mead Renewal Binder (Part 1) (filed under seal), #5 Exhibit C - 2009 Mead Renewal Binder (Part 2) (filed under seal), #6 Exhibit C - 2009 Mead Renewal Binder (Part 3) (filed under seal), #7 Exhibit D - 2010 Mead Renewal Binder (filed under seal), #8 Exhibit E - 2011 Mead Renewal Binder (filed under seal), #9 Exhibit F - 2012 Mead Renewal Binder (filed under seal), #10 Exhibit G - 2009 Confidentiality Agreement (filed under seal))(Leagre, Ryan) Modified on 7/3/2017 (JKS).
June 21, 2017 Opinion or Order Filing 677 RESPONSE , re #675 Submission, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - June 21st Emails)(Thomas, Joseph)
June 21, 2017 Opinion or Order Filing 676 ORDER withdrawing Plaintiff's #627 #628 Motion to Suppress - The Motion to Suppress and the current errata sheet signed by Diogenes Mendes Goncalves are hereby WITHDRAWN. Signed by Judge Larry J. McKinney on 6/21/2017. (JKS)
June 21, 2017 Opinion or Order Filing 675 Submission Plaintiffs' Supplement to Status Report to Court [Dkt. 674], filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Supplemental Email 1, #2 Supplemental Email 2, #3 Supplemental Email 3)(Fischer, John)
June 20, 2017 Opinion or Order Filing 674 STATUS REPORT (Joint) by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1. Email Correspondence)(Thomas, Joseph)
June 14, 2017 Opinion or Order Filing 673 ORDER re Arch's #647 SEALED Motion for In Camera Review - The Motion for In Camera Review is GRANTED. Upon review, the Court has determined that only Documents 15 and 16 are privileged and should be shielded from discovery. All other Allegedly Privileged Documents subject to this in camera review are discoverable by Arch. Furthermore, Arch's request for its fees incurred in resolving this discovery dispute is DENIED. Signed by Judge Larry J. McKinney on 6/14/2017. (JKS)
June 13, 2017 Opinion or Order Filing 672 TRANSCRIPT of Oral Argument held on 05/24/17 before Judge Larry J. McKinney. (44 pages.) Court Reporter/Transcriber: Laura Howie-Walters (Telephone: (317) 632-3422). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 7/5/2017. Release of Transcript Restriction set for 9/11/2017. (Howie-Walters, Laura) Released on 9/11/2017 (SWM).
June 13, 2017 Opinion or Order Filing 671 NOTICE of FILING of OFFICIAL TRANSCRIPT of Oral Argument held before Judge Larry J. McKinney on 05/24/17 (Howie-Walters, Laura)
June 6, 2017 Opinion or Order Filing 670 MINUTE ORDER - On 6/6/2017, the parties appear by counsel for a telephonic hearing on Plaintiffs' Motion to Suppress the Deposition Transcript of Diogenes Mendes Goncalves Neto, Dkt. No. #627 , and Defendants' Motion to Compel the Depositions of Ian S. Pettman and Mike Brown or, in the Alternative, to Strike the Affidavits of Ian S. Pettman and Mike Brown, and Motion for Sanctions. Dkt. No. #631 . The Court hears discussion regarding proposed agreements between Lilly and Arch on both Lilly's Motion to Suppress and Arch's Motion to Compel/Strike. The Court requests that Lilly and Arch file a status report with the Court within fourteen days to inform the Court as to whether they could resolve their remaining issues related to these Motions. Therefore, Lilly and Arch shall have until June 20, 2017, to file a joint status report indicating whether they have reached agreements as to Lilly's Motion to Suppress and Arch's Motion to Compel/Strike at that time. Signed by Judge Larry J. McKinney. (Court Reporter Cathy Jones.) (GSO)
June 2, 2017 Opinion or Order Filing 669 REPLY in Support of Motion re #647 SEALED MOTION for In Camera Review of Documents for Privilege Determination as Relevant to the MJ Insurance Subpoena Production , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - March 8th Cover Letter, #2 Exhibit 2 - April 11th Lamorak Letter)(Thomas, Joseph)
May 31, 2017 Opinion or Order Filing 668 ORDER granting #665 Motion to Maintain Document Under Seal #664 SEALED Response to Motion. Signed by Judge Larry J. McKinney on 5/31/2017. (JKS)
May 30, 2017 Opinion or Order Filing 667 ORDER granting Joint #663 Motion for Extension of Certain CMP Deadlines and Briefing Schedule - The CMP deadlines and briefing schedule on Arch's Motion for Summary Judgment and Lilly's Cross-Motion for Partial Summary Judgment are modified as outlined. (SEE ORDER). Signed by Judge Larry J. McKinney on 5/30/2017. (JKS)
May 26, 2017 Opinion or Order Filing 666 REDACTED Document re #664 SEALED RESPONSE in Opposition , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit Exhibit A - Master Consulting Services Agreement, #2 Exhibit Exhibit B - Privilege Log Appendix)(Connor, Colin) Modified on 5/30/2017 (JKS).
May 26, 2017 Opinion or Order Filing 665 MOTION to Maintain Document Under Seal #664 SEALED Response to Motion for In Camera Review of Documents for Privilege Determination as Relevant to the MJ Insurance Subpoena Production, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
May 26, 2017 Opinion or Order Filing 664 SEALED RESPONSE re #647 SEALED MOTION for In Camera Review of Documents for Privilege Determination as Relevant to the MJ Insurance Subpoena Production , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit Exhibit A - Master Consulting Services Agreement, #2 Exhibit Exhibit B - Privilege Log Appendix)(Connor, Colin)
May 26, 2017 Opinion or Order Filing 663 Joint MOTION for Extension of Time to Various CMP Deadlines and Briefing Schedule Deadlines filed by Lilly and Arch in which to #558 Order on Motion to ModifyScheduling, #611 Order on Motion for Extension of Time to File , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
May 25, 2017 Opinion or Order Filing 661 MINUTE ORDER - Parties appear by counsel for oral argument on Plaintiffs' Motion to Suppress (Dkt. #627 ) and Defendants' Motion to Compel the Depositions or, in the Alternative, to Strike the Affidavits, and Motion for Sanctions (Dkt. #631 ) on 5/24/2017. Plaintiffs indicated their plans to withdraw the Motion to Suppress (Dkt. #627 ) pending a final agreement as to the issues contained within said Motion. The Court hears arguments for Defendants' Motion to Compel the Depositions or, in the Alternative, to Strike the Affidavits, and Motion for Sanctions (Dkt. #631 ). The Court takes the Motions under advisement and sets a Telephonic Status Conference for Tuesday, June 6, 2017 at 10:00 a.m., at which time the parties shall appear by counsel. The call-in information will be sent to counsel under a separate docket entry. Signed by Judge Larry J. McKinney. (Court Reporter Laura Howie-Walters.) (GSO)
May 22, 2017 Opinion or Order Filing 660 ORDER granting Arch Defendants' #658 Motion to Maintain Document #657 Under Seal. Signed by Judge Larry J. McKinney on 5/22/2017. (JKS)
May 19, 2017 Opinion or Order Filing 659 REDACTION to #657 SEALED Reply in support of Motion to Compel the Depositions of Ian S. Pettman and Mike Brown or, in the Alternative, to Strike the Affidavits of Ian S. Pettman and Mike Brown, and Motion for Sanctions by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Lindsay Transcript, #2 Exhibit 2 - LILLY_02599412-14)(Thomas, Joseph)
May 19, 2017 Opinion or Order Filing 658 MOTION to Maintain Document Under Seal #657 SEALED Reply in support of Motion to Compel the Depositions of Ian S. Pettman and Mike Brown or, in the Alternative, to Strike the Affidavits of Ian S. Pettman and Mike Brown, and Motion for Sanctions, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
May 19, 2017 Opinion or Order Filing 657 SEALED REPLY in support of Motion re #631 MOTION to Compel the Depositions of Ian S. Pettman and Mike Brown or, in the Alternative, to Strike the Affidavits of Ian S. Pettman and Mike Brown, and Motion for Sanctions , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Lindsay Transcript, #2 Exhibit 2 - LILLY_02599412-14)(Thomas, Joseph)
May 16, 2017 Opinion or Order Filing 656 ORDER granting Lilly's #653 Motion to Maintain Document #652 , Lilly's SEALED Response to Motion, under seal. Signed by Judge Larry J. McKinney on 5/16/2017. (JKS)
May 15, 2017 Opinion or Order Filing 655 ORDER granting Arch Defendants' #649 Motion to Maintain Document #647 and #648 Under SEAL. Signed by Judge Larry J. McKinney on 5/15/2017. (JKS)
May 15, 2017 Opinion or Order Filing 654 REDACTION to #652 SEALED Response to Motion to Compel the Depositions of Ian S. Pettman and Mike Brown or, in the Alternative, to Strike the Affidavits of Ian S. Pettman and Mike Brown, and Motion for Sanctions by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Affidavit A - Affidavit of Jeffrey Claflin, #2 Exhibit A-1 - Senior Master Judgment, #3 Exhibit A-2 - Witness Statement of Kirkpatrick (redacted), #4 Exhibit A-3 - Email from G. Gotwald to L. Harves, #5 Exhibit A-4 - Second Kirkpatrick Witness Statement, #6 Exhibit A-5 - Master McCloud Order, #7 Exhibit A-6 - Mar. 16, 2017 Hearing Transcript, #8 Exhibit A-7 - May 8, 2017 Email from Claflin to Klarfeld, #9 Exhibit A-8 - May 8, 2017 Ltr from Claflin to Thomas, #10 Exhibit A-9 - May 8, 2017 Ltr from Claflin to Galyer, #11 Exhibit A-10 - May 10, 2017 email from Gramke to Claflin, #12 Exhibit A-11 - Pettman Affidavit (Filed under seal), #13 Exhibit A-12 - Brown Affidavit (Filed under seal), #14 Exhibit A-13 - Emails between PSRB and JLT (Filed under seal), #15 Exhibit A-14 - Emails between PSRB and JLT)(Plews, George)
May 15, 2017 Opinion or Order Filing 653 MOTION to Maintain Document Under Seal #652 SEALED Response to Motion to Compel the Depositions of Ian S. Pettman and Mike Brown or, in the Alternative, to Strike the Affidavits of Ian S. Pettman and Mike Brown, and Motion for Sanctions, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Plews, George)
May 15, 2017 Opinion or Order Filing 652 SEALED RESPONSE re #631 MOTION to Compel the Depositions of Ian S. Pettman and Mike Brown or, in the Alternative, to Strike the Affidavits of Ian S. Pettman and Mike Brown, and Motion for Sanctions , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Affidavit of Jeffrey Claflin, #2 Exhibit A-1 - Senior Master Judgment, #3 Exhibit A-2 - Witness Statement of Kirkpatrick, #4 Exhibit A-3 - Email from G. Gotwald to L. Harves, #5 Exhibit A-4 - Second Kirkpatrick Witness Statement, #6 Exhibit A-5 - Master McCloud Order, #7 Exhibit A-6 - Mar. 16, 2017 Hearing Transcript, #8 Exhibit A-7 - May 8, 2017 Email from Claflin to Klarfeld, #9 Exhibit A-8 - May 8, 2017 Ltr from Claflin to Thomas, #10 Exhibit A-9 - May 8, 2017 Ltr from Claflin to Galyer, #11 Exhibit A-10 - May 10, 2017 email from Gramke to Claflin, #12 Exhibit A-11 - Pettman Affidavit, #13 Exhibit A-12 - Brown Affidavit, #14 Exhibit A-13 - Emails between PSRB and JLT, #15 Exhibit A-14 - Emails between PSRB and JLT)(Plews, George)
May 12, 2017 Opinion or Order Filing 651 REDACTED Document re #648 SEALED Memorandum in Support [REDACTED VERSION], filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph) Modified on 5/15/2017 (JKS).
May 12, 2017 Opinion or Order Filing 650 REDACTED Document re #647 SEALED Motion for In Camera Review of Documents for Privilege Determination as Relevant to the MJ Insurance Subpoena Production (with redacted exhibits), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1-42 Documents Filed Under Seal for In Camera Inspection, #2 Exhibit 43 - Subpoena, #3 Exhibit 44 - March 17 - 20 Emails, #4 Exhibit 45 - March 21 Letter from Plaintiffs' Counsel (Redacted), #5 Exhibit 46 - March 21 Letter from Arch's Counsel (Redacted), #6 Exhibit 47 - March 28 Letter from Arch's Counsel, #7 Exhibit 48 - April 4 Letter from Plaintiffs' Counsel, #8 Exhibit 49 - April 14 Letter from Arch's Counsel, #9 Exhibit 50 - April 25 Letter from Plaintiffs' Counsel, #10 Text of Proposed Order)(Thomas, Joseph) Modified on 5/15/2017 (JKS).
May 12, 2017 Opinion or Order Filing 649 MOTION to Maintain Document Under Seal #648 SEALED Document (Case Participants - doc), #647 SEALED MOTION for In Camera Review of Documents for Privilege Determination as Relevant to the MJ Insurance Subpoena Production , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
May 12, 2017 Opinion or Order Filing 648 SEALED Memorandum in Support, re #647 SEALED Motion (Case Participants - doc), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
May 12, 2017 Opinion or Order Filing 647 SEALED MOTION for In Camera Review of Documents for Privilege Determination as Relevant to the MJ Insurance Subpoena Production, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Document for in camera inspection, #2 Exhibit 2 - Document for in camera inspection, #3 Exhibit 3 - Document for in camera inspection, #4 Exhibit 4 - Document for in camera inspection, #5 Exhibit 5 - Document for in camera inspection, #6 Exhibit 6 - Document for in camera inspection, #7 Exhibit 7 - Document for in camera inspection, #8 Exhibit 8 - Document for in camera inspection, #9 Exhibit 9 - Document for in camera inspection, #10 Exhibit 10 - Document for in camera inspection, #11 Exhibit 11 - Document for in camera inspection, #12 Exhibit 12 - Document for in camera inspection, #13 Exhibit 13 - Document for in camera inspection, #14 Exhibit 14 - Document for in camera inspection, #15 Exhibit 15 - Document for in camera inspection, #16 Exhibit 16 - Document for in camera inspection, #17 Exhibit 17 - Document for in camera inspection, #18 Exhibit 18 - Document for in camera inspection, #19 Exhibit 19 - Document for in camera inspection, #20 Exhibit 20 - Document for in camera inspection, #21 Exhibit 21 - Document for in camera inspection, #22 Exhibit 22 - Document for in camera inspection, #23 Exhibit 23 - Document for in camera inspection, #24 Exhibit 24 - Document for in camera inspection, #25 Exhibit 25 - Document for in camera inspection, #26 Exhibit 26 - Document for in camera inspection, #27 Exhibit 27 - Document for in camera inspection, #28 Exhibit 28 - Document for in camera inspection, #29 Exhibit 29 - Document for in camera inspection, #30 Exhibit 30 - Document for in camera inspection, #31 Exhibit 31 -Document for in camera inspection, #32 Exhibit 32 - Document for in camera inspection, #33 Exhibit 33 - Document for in camera inspection, #34 Exhibit 34 - Document for in camera inspection, #35 Exhibit 35 - Document for in camera inspection, #36 Exhibit 36 - Document for in camera inspection, #37 Exhibit 37 - Document for in camera inspection, #38 Exhibit 38 - Document for in camera inspection, #39 Exhibit 39 - Document for in camera inspection, #40 Exhibit 40 - Document for in camera inspection, #41 Exhibit 41 - Document for in camera inspection, #42 Exhibit 42 - Document for in camera inspection, #43 Exhibit 43 - Subpoena, #44 Exhibit 44 - March 17 - 20 Emails, #45 Exhibit 45 - March 21 Letter from Plaintiffs' Counsel, #46 Exhibit 46 - March 21 Letter from Arch's Counsel, #47 Exhibit 47 - March 28 Letter from Arch's Counsel, #48 Exhibit 48 - April 4 Letter from Plaintiffs' Counsel, #49 Exhibit 49 - April 14 Letter from Arch's Counsel, #50 Exhibit 50 - April 25 Letter from Plaintiffs' Counsel, #51 Text of Proposed Order)(Thomas, Joseph)
May 9, 2017 Opinion or Order Filing 646 ORDER granting Plaintiff's #629 Motion to Maintain Document Under Seal - Defendants Arch Insurance Company and Arch Specialty Insurance Company (collectively, "Arch") oppose the Motion to Seal. Because the sui generis of Lilly's underlying motion is the veracity of the Neto deposition, it is in the interests of justice to keep the deposition transcript and the attendant errata sheet under seal until the Court addresses the underlying motion, at the very least. The Motion to Seal, Dkt. No. #629 , is GRANTED. Signed by Judge Larry J. McKinney on 5/9/2017 (JKS)
May 9, 2017 Opinion or Order Filing 645 SCHEDULING ORDER - The Court, sua sponte, sets the #628 Motion to Suppress for Oral Argument on Wednesday, May 24, 2017, at 11:30 a.m., EDT, or immediately following the oral argument on Arch's Motion to Compel/Strike, in Courtroom 246, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Judge Larry J. McKinney on 5/9/2017.(JKS)
May 9, 2017 Opinion or Order Filing 644 MINUTE ORDER - The parties appear by counsel on 5/9/2017 for a telephonic hearing on Plaintiffs' #639 Unopposed Motion for Continuance. The Court hears discussion regarding moving the oral argument on Arch's Motion to Compel/Strike. The Court proposes moving the oral argument up instead of continuing it for a month or more. The parties agree they can be ready on May 24, 2017. Therefore, Lilly's Motion to Continue, Dkt. No. 639, is DENIED; however, the Oral Argument on Arch's Motion to Compel/Strike currently set for Thursday, June 1, 2017, is hereby VACATED and is RE-SET for Wednesday, May 24, 2017, at 10:00 a.m., in Courtroom 246, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Lilly moves to continue its deadline to respond to the Motion to Compel/Strike, which is GRANTED to the extent that Lilly shall have until Monday, May 15, 2017, at 12:00 noon, EDT, to file its brief in opposition; Arch shall have until Monday, May 22, 2017, at 12:00 noon, EDT, to file its reply. Signed by Judge Larry J. McKinney. (Court Reporter Laura Howie-Walters.) (GSO)
May 8, 2017 Opinion or Order Filing 643 NOTICE of Appearance by Lindsay C. Donald on behalf of Defendant XL INSURANCE AMERICA, INC.. (Donald, Lindsay)
May 5, 2017 Opinion or Order Filing 642 REPLY in Support of Motion re #627 MOTION to Suppress the Deposition Transcript of Diogenes Mendes Goncalves , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
May 5, 2017 Opinion or Order Filing 640 SCHEDULING ORDER - Plaintiffs Eli Lilly and Company and Eli Lilly Do Brasil Ltda. have moved to continue the hearing on Defendants', Arch Insurance Company and Arch Specialty Insurance Company, Motion to Compel the Depositions of Ian S. Pettman and Mike Brown, or in the Alternative to Strike the Affidavits of Ian Pettman and Mike Brown, and Motion for Sanctions. Dkt. No. #639 . The Court hereby SETS a Telephonic Conference to discuss that motion for Tuesday, May 9, 2017, at 11:45 a.m., EDT, at which time the parties shall appear by counsel. The call-in information will be sent to counsel under separate docket entry. Signed by Judge Larry J. McKinney on 5/5/2017. (GSO)
May 4, 2017 Opinion or Order Filing 639 Unopposed MOTION for Continuance of June 1, 2017 Hearing, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Plews, George)
April 28, 2017 Opinion or Order Filing 638 REPLY in Support of Motion re #629 MOTION to Maintain Document Under Seal #628 SEALED MOTION to Suppress the Deposition Transcript of Diogenes Mendes Goncalves , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
April 28, 2017 Opinion or Order Filing 637 ORDER - This cause came before the Court upon Arch Insurance Company and Arch Specialty Insurance Company's (the "Arch Defendants'") #633 Motion for Leave to Maintain Documents Under Seal. Having considered the Motion and all responses and arguments related thereto, the Court hereby GRANTS the Motion. Signed by Judge Larry J. McKinney on 4/28/2017. (GSO)
April 28, 2017 Opinion or Order Filing 636 SCHEDULING ORDER - The Court, sua sponte, sets Defendants', Arch Insurance Company and Arch Specialty Insurance Company, Motion to Compel the Deposition of Ian S. Pettman and Mike Brown, or, in the Alternative, to Strike the Affidavits of Ian S. Pettman and Mike Brown, and Motion for Sanctions, for Oral Argument on Thursday, June 1, 2017, at 9:00 a.m., in Courtroom 246, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Each party shall have 30 minutes for their argument. Signed by Judge Larry J. McKinney on 4/28/2017. (GSO)
April 28, 2017 Opinion or Order Filing 635 RESPONSE in Opposition re #627 MOTION to Suppress the Deposition Transcript of Diogenes Mendes Goncalves , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - September 30, 2016 email, #2 Exhibit 2 - US Courts Website, #3 Exhibit 3 - West Bio, #4 Exhibit 4 - Liang v. AWG, #5 Exhibit 5 - March 10, 2017 email)(Thomas, Joseph)
April 27, 2017 Opinion or Order Filing 634 BRIEF/MEMORANDUM in Support re #631 MOTION to Compel the Depositions of Ian S. Pettman and Mike Brown or, in the Alternative, to Strike the Affidavits of Ian S. Pettman and Mike Brown, and Motion for Sanctions [Redacted Version], filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Fontaine Order, #2 Exhibit 2 - Brown Article, #3 Exhibit 3 - Lewis Witness Statement, #4 Exhibit 4 - Skeleton Argument, #5 Exhibit 5 - McCloud Order, #6 Exhibit 6 - Filed Under Seal, #7 Exhibit 7 - Filed Under Seal, #8 Exhibit 8 - Filed Under Seal, #9 Exhibit 9 - Filed Under Seal, #10 Exhibit 10 - Filed Under Seal, #11 Exhibit 11 - Filed Under Seal, #12 Exhibit 12 - Filed Under Seal, #13 Exhibit 13 - Filed Under Seal, #14 Exhibit 14 - J. Claflin Letter, #15 Exhibit 15 - JLT Letter (March 13, 2017), #16 Exhibit 16 - JlT Letter (March 14, 2017), #17 Exhibit 17 - Golden Eagle case, #18 Exhibit 18 - Bortell Brief, #19 Exhibit 19 - J. Klarfeld Letter)(Thomas, Joseph)
April 27, 2017 Opinion or Order Filing 633 MOTION to Maintain Document Under Seal #632 SEALED Document (Case Participants - doc) , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
April 27, 2017 Opinion or Order Filing 632 SEALED Memorandum in Support, re #631 Motion (Other), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Fontaine Order, #2 Exhibit 2 - Brown Article, #3 Exhibit 3 - Lewis Witness Statment, #4 Exhibit 4 - Skeleton Argument, #5 Exhibit 5 - McCloud Order, #6 Exhibit 6 - LILLY_02561352-54, #7 Exhibit 7 - LILLY_02595951-52, #8 Exhibit 8 - LILLY_00175031-45, #9 Exhibit 9 - Combined Confidential Documents, #10 Exhibit 10 - LILLY_02601334, #11 Exhibit 11 - Combined Confidential Documents, #12 Exhibit 12 - LILLY_02635095-96, #13 Exhibit 13 - Saltsgaver Dep Excerpts, #14 Exhibit 14 - J. Claflin Letter, #15 Exhibit 15 - JLT Letter (March 13, 2017), #16 Exhibit 16 - JLT Letter (March 14, 2017), #17 Exhibit 17 - Golden Eagle case, #18 Exhibit 18 - Bortell Brief, #19 Exhibit 19 - J. Klarfeld Letter)(Thomas, Joseph)
April 27, 2017 Opinion or Order Filing 631 MOTION to Compel the Depositions of Ian S. Pettman and Mike Brown or, in the Alternative, to Strike the Affidavits of Ian S. Pettman and Mike Brown, and Motion for Sanctions, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
April 21, 2017 Opinion or Order Filing 630 RESPONSE in Opposition re #629 MOTION to Maintain Document Under Seal #628 SEALED MOTION to Suppress the Deposition Transcript of Diogenes Mendes Goncalves , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - April 20, 2017 Email, #2 Exhibit 2 - November 14, 2016 Email, #3 Exhibit 3 - Transcript Cover Page, #4 Exhibit 4 - Errata Sheet Cover Page)(Thomas, Joseph)
April 19, 2017 Opinion or Order Filing 629 MOTION to Maintain Document Under Seal #628 SEALED Submission of Un-redacted version of #627 MOTION to Suppress the Deposition Transcript of Diogenes Mendes Goncalves , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin) Modified on 4/20/2017 (JKS).
April 19, 2017 Opinion or Order Filing 628 ***WITHDRAWN, per #676 Order*** SEALED Submission of Un-redacted version of #627 MOTION to Suppress the Deposition Transcript of Diogenes Mendes Goncalves, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 SEALED Exhibit A - Deposition Transcript, #2 SEALED Exhibit E - Errata Sheets)(Connor, Colin) Modified on 4/20/2017 (JKS). Modified on 6/21/2017 (JKS).
April 19, 2017 Opinion or Order Filing 627 ***WITHDRAWN, per #676 Order*** MOTION to Suppress the Deposition Transcript of Diogenes Mendes Goncalves, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit Exhibit A - FILED UNDER SEAL, #2 Exhibit Exhibit B - 11/15/16 Email, #3 Exhibit Exhibit C - 12/19/16 Email, #4 Exhibit Exhibit D - 1/18/17 Email, #5 Exhibit Exhibit E - UNDER SEAL, #6 Exhibit Exhibit F - 3/8/17 Email, #7 Exhibit Exhibit G - 3/10/17 Email)(Connor, Colin) Modified on 6/21/2017 (JKS).
April 14, 2017 Opinion or Order Filing 626 NOTICE of Appearance by Elizabeth C. Brandon on behalf of Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Brandon, Elizabeth)
April 12, 2017 Opinion or Order Filing 625 ORDER granting Arch's #624 Motion for Extension of Time - Parties to Complete Depositions Needed to Respond to Plaintiffs' Cross Motion for Partial Summary Judgment by 5/12/2017; Arch to File Reply in Support of Motion for Judgment on the Pleadings/Opposition to Cross Motion for Partial Summary Judgment by June 12, 2017; and Plaintiffs to File Reply in Support of Motion for Partial Summary Judgment/Surreply to Cross Motion for Judgment on the Pleadings by July 12, 2017. Arch may proceed under Local Rule 56-1 regarding its Surreply to plaintiffs' Cross Motion for Partial Summary Judgment. Signed by Judge Larry J. McKinney on 4/12/2017.(JKS)
April 11, 2017 Opinion or Order Filing 624 Unopposed MOTION for Extension of Time to to Complete Certain Depositions and to File Reply in Support of Motion for Judgment on the Pleadings and Opposition to Cross Motion for Partial Summary Judgment, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Letter to G. Gotwald, #2 Text of Proposed Order)(Thomas, Joseph)
April 11, 2017 Opinion or Order Filing 623 NOTICE of Appearance by John Paul Fischer, Jr on behalf of Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Fischer, John)
April 11, 2017 Opinion or Order Filing 622 NOTICE of Appearance by Andrea Savannah Warren on behalf of Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Warren, Andrea)
April 11, 2017 Opinion or Order Filing 621 NOTICE of Appearance by Andrew J. Detherage on behalf of Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Detherage, Andrew)
March 17, 2017 Opinion or Order Filing 620 ORDER granting #618 Motion to Appear pro hac vice. Attorney Kyle M. Dickinson for RSUI INDEMNITY COMPANY added. Signed by Judge Larry J. McKinney on 3/17/2017. (LDH)
March 16, 2017 Opinion or Order Filing 619 Submission of Signature Requirement re #618 MOTION for Attorney(s) Kyle M. Dickinson to Appear pro hac vice (Filing fee $100, receipt number 0756-4276706) by RSUI INDEMNITY COMPANY. (Nadeau, Christopher)
March 15, 2017 Opinion or Order Filing 618 MOTION for Attorney(s) Kyle M. Dickinson to Appear pro hac vice (Filing fee $100, receipt number 0756-4276706), filed by Defendant RSUI INDEMNITY COMPANY. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Proposed Order)(Nadeau, Christopher)
March 15, 2017 Opinion or Order Filing 617 ORDER granting #616 Motion for Extension of Time - Arch shall have to and including April 14, 2017, to respond to Plaintiffs' First Set of Requests for Admission, Second Set of Interrogatories, and Second Set of Requests for Production of Documents. Signed by Judge Larry J. McKinney on 3/15/2017. (LDH)
March 14, 2017 Opinion or Order Filing 616 Unopposed MOTION for Extension of Time to April 14, 2017 To Respond to Plaintiffs' First Set of Requests for Admission, Second Set of Interrogatories, and Second Set of Requests for Production of Documents, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
March 13, 2017 Opinion or Order Filing 615 ORDER granting Defendant's #613 Motion for Extension of Time - Defendant, RSUI Indemnity Company, is hereby granted an extension of time to and including April 10, 2017 within which to respond to Plaintiffs' First Requests for Admissions, Second Request for Production of Documents and Tangible Things and Second Set of Interrogatories. Signed by Judge Larry J. McKinney on 3/13/2017. (JKS)
March 10, 2017 Opinion or Order Filing 614 Submission of Proposed Order , re #613 MOTION for Extension of Time to April 10, 2017 , filed by Defendant RSUI INDEMNITY COMPANY. (Nadeau, Christopher)
March 9, 2017 Opinion or Order Filing 613 MOTION for Extension of Time to April 10, 2017 , filed by Defendant RSUI INDEMNITY COMPANY. (Attachments: #1 Text of Proposed Order Draft Order)(Nadeau, Christopher)
March 8, 2017 Opinion or Order Filing 612 ORDER GRANTING #610 DEFENDANT, LIBERTY INSURANCE UNDERWRITERS, INC.'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' FEBRUARY 14, 2017 FIRST REQUESTS FOR ADMISSIONS, SECOND REQUEST FOR PRODUCTION OF DOCUMENTS AND TANGIBLE THINGS AND SECOND SET OF INTERROGATORIES. Defendant, Liberty Insurance Underwriters, Inc., is hereby granted an extension of time to and including April 10, 2017 within which to respond to Plaintiffs' First Requests for Admissions, Second Request for Production of Documents and Tangible Things and Second Set of Interrogatories. Signed by Judge Larry J. McKinney on 3/8/2017. (LDH)
March 7, 2017 Opinion or Order Filing 611 ORDER granting #609 Defendants Arch's Motion for Extension of Time to complete certain depositions and to file their Reply in Support of Motion for Judgment on the Pleadings and Opposition to Plaintiffs' Cross Motion for Partial Summary Judgment. (See Order for deadlines.) Signed by Judge Larry J. McKinney on 3/7/2017. (LDH)
March 7, 2017 Opinion or Order Filing 610 First MOTION for Extension of Time to April 10, 2017 for Defendant, Liberty Insurance Underwriters, Inc., to respond to Plaintiffs First Requests for Admissions, Second Request for Production of Documents and Tangible Things and Second Set of Interrogatories, filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Attachments: #1 Text of Proposed Order)(Kamplain, Bruce)
March 6, 2017 Opinion or Order Filing 609 Unopposed MOTION for Extension of Time to Complete Certain Depositions and to File Reply in Support of Motion for Judgment on the Pleadings and Opposition to Cross Motion for Partial Summary Judgment, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - English Court Order, #2 Text of Proposed Order)(Thomas, Joseph)
February 16, 2017 Opinion or Order Filing 608 CORRECTED ORDER denying #498 Defendants', Arch Insurance Company and Arch Specialty Insurance Company, Motion for Request for International Assistance. (See Order.) Signed by Judge Larry J. McKinney on 2/16/2017. (LDH)
February 16, 2017 Opinion or Order Filing 607 ORDER denying #498 Defendants', Arch Insurance Company and Arch Specialty Insurance Company, Motion for Request for International Assistance. (See Order.) Signed by Judge Larry J. McKinney on 2/16/2017. (LDH)
February 14, 2017 Opinion or Order Filing 606 ORDER granting #599 Lilly and Lamorak's Joint Motion for Leave to File for Oral Argument. Lilly and Lamorak's joint motion will be deemed filed as of the date that Lilly filed this motion. Signed by Judge Larry J. McKinney on 2/14/2017. (LDH)
February 13, 2017 Opinion or Order Filing 605 ORDER granting #604 Motion to Withdraw Attorney Appearance on behalf of XL Insurance America, Inc. Attorney Robert Edward Browne, Jr withdrawn. Signed by Judge Larry J. McKinney on 2/13/2017. (MAC)
February 10, 2017 Opinion or Order Filing 604 MOTION to Withdraw Attorney Appearance as Counsel of Record, filed by Defendant XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order Order for Withdrawl)(Browne, Robert)
February 8, 2017 Opinion or Order Filing 603 ORDER denying #554 Arch Defendants' Motion to Strike the Affidavits of Ian S. Pettman and Mike Brown. (See Order.) Signed by Judge Larry J. McKinney on 2/8/2017. (LDH) Modified on 2/8/2017 (LDH).
February 8, 2017 Opinion or Order Filing 602 ORDER granting #542 Plaintiff's Motion to Maintain Document Under Seal. #541 SEALED Document shall remain under seal. Signed by Judge Larry J. McKinney on 2/8/2017. (LDH)
February 8, 2017 Opinion or Order Filing 601 ORDER granting #528 Arch Defendant's Motion to Maintain Document Under Seal. #527 SEALED Document shall remain under seal. Signed by Judge Larry J. McKinney on 2/8/2017. (LDH)
February 8, 2017 Opinion or Order Filing 600 Joint MOTION for Oral Argument on Cross Motion for Summary Judgment between Lilly and Lamorak, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Claflin, Jeffrey)
February 8, 2017 Opinion or Order Filing 599 Joint MOTION for Leave to File Motion for Oral Argument, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Claflin, Jeffrey)
February 6, 2017 Opinion or Order Filing 598 ORDER granting #596 Plaintiff's Motion to Maintain Document Under Seal. The Court hereby seals portions of pages ii, 1-3, 6-7, 13-33, and 42 of Lilly's #595 Reply Brief and portions of Exhibit A, portions of Exhibit B and Exhibit C, Attachment 1 to Exhibit C, and Attachment 1 to Exhibit D filed with Lilly's Reply Brief. Signed by Judge Larry J. McKinney on 2/6/2017. (LDH)
February 6, 2017 Opinion or Order Filing 597 ORDER granting #593 Plaintiff's Unopposed Motion for Leave to File Enlarged Brief. Signed by Judge Larry J. McKinney on 2/6/2017. (LDH)
February 3, 2017 Opinion or Order Filing 596 MOTION to Maintain Document Under Seal #595 SEALED Reply in support of Motion , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
February 3, 2017 Opinion or Order Filing 595 SEALED REPLY in support of Motion re #482 Cross MOTION for Partial Summary Judgment Against Lamorak (REDACTED) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Brazilian Law, #2 Exhibit B - Declaration of Chad Mitchell, #3 Exhibit B-4 - Total Reasonable Fees and Costs, #4 Exhibit C - Saltsgaver Affidavit, #5 Exhibit C-1 - Letter, #6 Exhibit D - West Affidavit, #7 Exhibit D-1 - Complaint)(Leagre, Ryan)
February 3, 2017 Opinion or Order Filing 594 REPLY in Support of Motion re #482 Cross MOTION for Partial Summary Judgment Against Lamorak (REDACTED) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - FILED UNDER SEAL, #2 Exhibit B - Declaration of Chad Mitchell (Redacted), #3 Exhibit B-1 - Appendix A, #4 Exhibit B-2 - Resume, #5 Exhibit B-3 - Total Fees and Costs, #6 Exhibit B-4 - Total Reasonable Fees and Costs (Redacted), #7 Exhibit B-5 - Vieira Plaintiffs, #8 Exhibit C - Saltsgaver Affidavit (Redacted), #9 Exhibit C-1 - FILED UNDER SEAL, #10 Exhibit D - West Affidavit (Redacted), #11 Exhibit D-1 - FILED UNDER SEAL, #12 Exhibit E - King Affidavit, #13 Exhibit E-1 - Prejudgment Interest Spreadsheet)(Leagre, Ryan)
February 3, 2017 Opinion or Order Filing 593 Unopposed MOTION for Leave to File Enlarged Reply Brief in Support of its Motion for Partial Summary Judgment Against Lamorak Insurance Company, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
February 3, 2017 Opinion or Order Filing 592 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Eileen King Bower hereby notifies the Clerk of the court of changed contact information. (Bower, Eileen)
February 2, 2017 Opinion or Order Filing 591 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Eileen King Bower hereby notifies the Clerk of the court of changed contact information. (Bower, Eileen)
January 23, 2017 Opinion or Order Filing 590 ORDER granting #585 Motion to Maintain Document Under Seal. Signed by Judge Larry J. McKinney on 1/23/2017. (LDH)
January 23, 2017 Opinion or Order Filing 589 ORDER granting #581 Motion to Maintain Document Under Seal. The Court hereby seals Exhibit A attached to Lilly's Motion for Extension of Time to Return Signature and Errata Sheets to the Court Reporter #580 . Signed by Judge Larry J. McKinney on 1/23/2017. (LDH)
January 23, 2017 Opinion or Order Filing 588 ORDER granting #579 Motion for Extension of Time to File. Lilly's deadline to complete the errata sheet and to obtain and return signature to the court reporter regarding Mr. Goncalves' deposition is extended until February 2, 2017. Signed by Judge Larry J. McKinney on 1/23/2017. (LDH)
January 23, 2017 Opinion or Order Filing 587 ORDER granting #578 Motion to Maintain Document Under Seal. Signed by Judge Larry J. McKinney on 1/23/2017. (LDH)
January 23, 2017 Opinion or Order Filing 586 SEALED Order on #575 MOTION for the Issuance of a Letter of Request for Compulsion of Evidence for Trial from JLT Specialty Limited. Signed by Judge Larry J. McKinney on 1/23/2017. (LDH)
January 20, 2017 Opinion or Order Filing 585 MOTION to Maintain Document Under Seal #584 SEALED Reply in support of Motion , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
January 20, 2017 Opinion or Order Filing 584 **ORDERED SEALED PER #590 ** SEALED REPLY in support of Motion re #554 MOTION to Strike the Affidavits of Ian S. Pettman and Mike Brown , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 5 - Confidential Document, #2 Exhibit 6 - Confidential Document, #3 Exhibit 7 - confidential Document)(Thomas, Joseph) Modified on 1/30/2017 (LDH).
January 20, 2017 Opinion or Order Filing 583 REPLY in Support of Motion re #554 MOTION to Strike the Affidavits of Ian S. Pettman and Mike Brown , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - January 6th Letter, #2 Exhibit 2 - Goncalves Transcript Excerpts, #3 Exhibit 3 - Lindsay Transcript Excerpt, #4 Exhibit 4 - Hughes Transcript Excerpt, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Filed Under Seal, #7 Exhibit 7 - Filed Under Seal, #8 Exhibit 8 - January 17th Letter, #9 Exhibit 9 - December 19th Email, #10 Exhibit 10 - Tsol Guide)(Thomas, Joseph)
January 19, 2017 Opinion or Order Filing 582 EXHIBIT re #579 MOTION for Extension of Time to 2/2/2017 to Return Signature and Errata Sheets to Court Reporter Text of Proposed Order for Motion for Extension of Time by All Plaintiffs. (Claflin, Jeffrey)
January 19, 2017 Opinion or Order Filing 581 MOTION to Maintain Document Under Seal #580 SEALED Document (Case Participants - doc) Exhibit A - 10/27/16 Excerpts of Deposition, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order to Seal Document)(Claflin, Jeffrey)
January 19, 2017 Opinion or Order Filing 580 **ORDERED SEALED PER #589 ** SEALED Exhibit A - 10/27/16 Excerpts of Deposition, re #579 Motion for Extension of Time, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Claflin, Jeffrey) Modified on 1/30/2017 (LDH).
January 19, 2017 Opinion or Order Filing 579 MOTION for Extension of Time to 2/2/2017 to Return Signature and Errata Sheets to Court Reporter, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - 10/27/16 Excerpts of Deposition Redacted, #2 Exhibit B - 11/15/16 Aich email to Claflin, #3 Exhibit C - 1/18/17 Claflin email to Gramke)(Claflin, Jeffrey)
January 19, 2017 Opinion or Order Filing 578 MOTION to Maintain Document Under Seal #577 SEALED Document (Case Participants - doc) , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
January 19, 2017 Opinion or Order Filing 577 **ORDERED SEALED PER #587 ** SEALED Memorandum in Support, re #575 Motion (Other), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order Unredacted Proposed Letter of Request, #2 Exhibit 1 - Unredacted SAC, #3 Exhibit 4 - Affidavit, #4 Exhibit 5 - Agreement, #5 Exhibit 6 - Agreement, #6 Exhibit 7 - Agreement)(Thomas, Joseph) Modified on 1/30/2017 (LDH).
January 19, 2017 Opinion or Order Filing 576 BRIEF/MEMORANDUM in Support re #575 MOTION for the Issuance of a Letter of Request for Compulsion of Evidence for Trial from JLT Specialty Limited (Redacted), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order Redacted Proposed Letter of Request, #2 Exhibit 1 - Redacted SAC, #3 Exhibit 2 - Affidavit of Ian S. Pettman, #4 Exhibit 3 - Affidavit of Mike Brown, #5 Exhibit 4 - Filed Under Seal, #6 Exhibit 5 - Filed Under Seal, #7 Exhibit 6 - Filed Under Seal, #8 Exhibit 7 - Filed Under Seal)(Thomas, Joseph)
January 19, 2017 Opinion or Order Filing 575 MOTION for the Issuance of a Letter of Request for Compulsion of Evidence for Trial from JLT Specialty Limited, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
January 13, 2017 Opinion or Order Filing 574 ORDER granting #572 Motion for Extension of Time to File Reply re #482 Cross MOTION for Partial Summary Judgment Against Lamorak. Lilly's deadline to file a reply in support of its motion for partial summary judgment against Lamorak is extended until February 3, 2017. Signed by Judge Larry J. McKinney on 1/13/2017. (LDH)
January 13, 2017 Opinion or Order Filing 573 ORDER granting #571 Motion for Extension of Time to File Reply to #554 MOTION to Strike the Affidavits of Ian S. Pettman and Mike Brown. Arch shall have an extension through and including January 20, 2017. Signed by Judge Larry J. McKinney on 1/12/2017. (LDH)
January 12, 2017 Opinion or Order Filing 572 Unopposed MOTION for Extension of Time to File Reply to Feb. 3, 2017 re #482 Cross MOTION for Partial Summary Judgment Against Lamorak (REDACTED) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
January 11, 2017 Opinion or Order Filing 571 Unopposed MOTION for Extension of Time to File Reply to January 20, 2017 re #554 MOTION to Strike the Affidavits of Ian S. Pettman and Mike Brown , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
January 9, 2017 Opinion or Order Filing 570 ORDER granting #569 Motion to Maintain Document Under Seal re #568 SEALED Response. (See Order.) Signed by Judge Larry J. McKinney on 1/9/2017. (LDH)
January 6, 2017 Opinion or Order Filing 569 MOTION to Maintain Document Under Seal #568 SEALED Response to Motion to Strike the Pettman and Brown Affidavits, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order To Seal Documents)(Gotwald, Gregory)
January 6, 2017 Opinion or Order Filing 568 SEALED RESPONSE re #554 MOTION to Strike the Affidavits of Ian S. Pettman and Mike Brown , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Claflin Aff., #2 Exhibit A-1 9/25/14 Claflin Ltr. to Brown, #3 Exhibit A-2 10/21/14 Brown Ltr. to Claflin, #4 Exhibit A-3 11/7/14 Lilly-JLT Employee Agreement, #5 Exhibit A-4 12/19/14 Lilly-JLT Agreement, #6 Exhibit A-5 Dec 2016 Lilly-JLT Agreement Extension, #7 Exhibit A-8 7/29/16 Gramke Email to Claflin, #8 Exhibit A-9 8/5/16 Claflin Email to Gramke)(Gotwald, Gregory)
January 6, 2017 Opinion or Order Filing 567 RESPONSE in Opposition re #554 MOTION to Strike the Affidavits of Ian S. Pettman and Mike Brown (REDACTED), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Claflin Aff., #2 Exhibit A-1 Sealed, #3 Exhibit A-2 Sealed, #4 Exhibit A-3 Sealed, #5 Exhibit A-4 Sealed, #6 Exhibit A-5 Sealed, #7 Exhibit A-6 12/5/16 Gotwald Email to Gramke, #8 Exhibit A-7 12/5/16 Gramke Email to Gotwald, #9 Exhibit A-8 Redacted 7/29/16 Gramke Email to Claflin, #10 Exhibit A-9 Redacted 8/5/16 Claflin Email to Gramke, #11 Exhibit A-10 8/11/16 Claflin Email to Gramke, #12 Exhibit A-11 8/15/16 Gramke Email to Claflin, #13 Exhibit A-12 8/18/16 Claflin Email to Gramke, #14 Exhibit A-13 12/28/15 Arch Notice of Intent to Serve Subpoenas, #15 Exhibit A-14 11/16/16 Claflin Email to Gramke, #16 Exhibit A-15 1/18/13 Complaint, #17 Exhibit B - King Aff.)(Gotwald, Gregory)
January 3, 2017 Opinion or Order Filing 566 ORDER granting #564 UNOPPOSED MOTION TO EXTEND CERTAIN DEADLINES set forth in the Court's October 27, 2016, Order #547 by seven days. The Court sets the following deadlines:- January 6, 2017: Deadline for Lilly to complete its document production under the Discovery Order #533 ; - March 7, 2017: Deadline for the parties to complete depositions needed to respond to the Plaintiffs' Motion for Summary Judgment; - April 7, 2017: Deadline for Arch to file its Reply/Opposition brief. Signed by Judge Larry J. McKinney on 1/3/2017. (LDH)
January 3, 2017 Opinion or Order Filing 565 ORDER granting #563 Motion for Extension of Time to File Response. Lilly's deadline to file a response to the Motion to Strike is extended until January 6, 2017. Signed by Judge Larry J. McKinney on 1/3/2017. (LDH)
December 31, 2016 Opinion or Order Filing 564 MOTION for Extension of Time to January 6, 2017: Deadline for Lilly to complete its production under the Discovery Order; March 7, 2017: Deadline for the parties to complete depositions needed to respond to the Plaintiffs Motion for Summary Judgment; and April 7, 2017: Deadline for Arch to file its Reply/Opposition brief. , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Gotwald, Gregory)
December 30, 2016 Opinion or Order Filing 563 Unopposed MOTION for Extension of Time to File Response to January 6, 2017 re #554 MOTION to Strike the Affidavits of Ian S. Pettman and Mike Brown , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
December 20, 2016 Opinion or Order Filing 562 ORDER granting #561 Motion for Extension of Time to File Response to #554 MOTION to Strike the Affidavits of Ian S. Pettman and Mike Brown. Lilly's deadline to file a response to the Motion to Strike is extended until December 30, 2016. Signed by Judge Larry J. McKinney on 12/20/2016. (LDH)
December 16, 2016 Opinion or Order Filing 561 Unopposed MOTION for Extension of Time to File Response to December 30, 2016 re #554 MOTION to Strike the Affidavits of Ian S. Pettman and Mike Brown , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
December 5, 2016 Opinion or Order Filing 560 ORDER granting #557 Motion to Maintain Document Under Seal. Signed by Judge Larry J. McKinney on 12/5/2016. (LDH)
December 5, 2016 Opinion or Order Filing 559 ORDER granting #553 Motion for Extension of Time to File Reply Lilly's deadline to file a reply in support of its motion for partial summary judgment against Lamorak is extended until January 13, 2017. (See Order.) Signed by Judge Larry J. McKinney on 12/5/2016. (LDH)
December 2, 2016 Opinion or Order Filing 558 ORDER granting #552 ORDER GRANTING LILLY AND ARCH'S JOINT MOTION TO MODIFY CERTAIN CASE MANAGEMENT PLAN DEADLINES. The Final Pretrial Conference set for December 5, 2017 is hereby VACATED and RESET for Thursday, July 12, 2018, at 9:00 a.m., in Courtroom 246; and the Phase I Bench Trial set to begin December 18, 2017 is hereby VACATED and RESET to begin on Monday, July 23, 2018, at 9:00 a.m., in Courtroom 246, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. (See Order for additional dates/deadlines.). Signed by Judge Larry J. McKinney on 12/2/2016. (LDH)
December 2, 2016 Opinion or Order Filing 557 MOTION to Maintain Document Under Seal #556 SEALED Document (Case Participants - doc) , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
December 2, 2016 Opinion or Order Filing 556 SEALED Memorandum in Support, re #554 Motion to Strike, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 3 - JLT Letter, #2 Exhibit 4 - Agreement, #3 Exhibit 5 - Agreement, #4 Exhibit 6 - Agreement, #5 Exhibit 8 - Draft Affidavit, #6 Exhibit 9 - Draft Affidavit, #7 Exhibit 10 - Executed Affidavit, #8 Exhibit 11 - Draft Affidavit, #9 Exhibit 12 - Memorandum, #10 Exhibit 13 - Email)(Thomas, Joseph)
December 2, 2016 Opinion or Order Filing 555 BRIEF/MEMORANDUM in Support re #554 MOTION to Strike the Affidavits of Ian S. Pettman and Mike Brown , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Parness Letter, #2 Exhibit 2 - 10/21/16 Gotwald Letter, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Filed Under Seal, #7 Exhibit 7 - 10-29-16 Gotwald Email, #8 Exhibit 8 - Filed Under Seal, #9 Exhibit 9 - Filed Under Seal, #10 Exhibit 10 - Filed Under Seal, #11 Exhibit 11 - Filed Under Seal, #12 Exhibit 12 - Filed Under Seal, #13 Exhibit 13 - Filed Under Seal, #14 Exhibit 14 - Hague Request 2005, #15 Exhibit 15 - Hague Request 2007, #16 Exhibit 16 - 10-14-16 Gotwald Letter, #17 Exhibit 17 - 12-21-16 Gramke Email)(Thomas, Joseph)
December 2, 2016 Opinion or Order Filing 554 MOTION to Strike the Affidavits of Ian S. Pettman and Mike Brown, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
December 2, 2016 Opinion or Order Filing 553 Unopposed MOTION for Extension of Time to File Reply to January 13, 2017 re #482 Cross MOTION for Partial Summary Judgment Against Lamorak (REDACTED) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
December 1, 2016 Opinion or Order Filing 552 Joint MOTION to Modify Certain Case Management Plan Deadlines, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
November 21, 2016 Opinion or Order Filing 551 ORDER - #476 Arch's Motion to Remove Confidentiality Designation is DENIED. (See Order.) Signed by Judge Larry J. McKinney on 11/21/2016. (LDH)
November 18, 2016 Opinion or Order Filing 550 ORDER - This matter is before the Court on the Plaintiffs', Eli Lilly and Company and Eli Lilly Do Brasil LTDA ("Plaintiffs") Motions to Maintain Document Under Seal Dkt. #479 , Dkt. #512 , Dkt. #515 , and Dkt. #518 , and Defendants', Arch Insurance Company and Arch Specialty Insurance Company, Motions to Maintain Document Under Seal Dkt. #502 , Dkt. #521 , and Dkt. #524 . Having considered all the motions, the Court hereby GRANTS the motions until further Order of the Court. Defendants', Arch Insurance Company and Arch Specialty Insurance Company, Motion to Remove Confidentiality Designation REMAINS UNDER ADVISEMENT. (See Order.) Signed by Judge Larry J. McKinney on 11/18/2016. (LDH)
November 7, 2016 Opinion or Order Filing 549 ORDER GRANTING #548 MOTION TO APPEAR PRO HAC VICE FILED ON BEHALF OF ATTORNEY JOSHUA A. KLARFELD - This cause has come before the Court upon the Motion of Joseph P. Thomas, counsel for Arch Insurance Company and Arch Specialty Company, for admission of attorney Joshua A. Klarfeld pro hac vice in the above-captioned case. IT IS ORDERED that the Motion should be, and hereby is, GRANTED. Signed by Judge Larry J. McKinney on 11/7/2016. (LDH)
November 4, 2016 Opinion or Order Filing 548 MOTION for Attorney(s) Joshua A. Klarfeld to Appear pro hac vice (Filing fee $100, receipt number 0756-4114948), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit Certification of Joshua A. Klarfeld, #2 Text of Proposed Order)(Thomas, Joseph)
October 27, 2016 Opinion or Order Filing 547 ORDER GRANTING SECOND MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS AND OPPOSITION TO CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT AND REQUEST FOR SCHEDULING ORDER - This cause has come before the Court upon the #546 Unopposed Motion of Arch Insurance Company and Arch Specialty Insurance Company (collectively "Arch") for an extension of time to file their Reply in Support of Motion for Judgment on the Pleadings and Opposition to Plaintiffs' Cross Motion for Partial Summary Judgment and to enter a proposed scheduling order. IT IS ORDERED that the Motion should be, and hereby is, GRANTED. (See Order.) Signed by Judge Larry J. McKinney on 10/27/2016. (GSO)
October 26, 2016 Opinion or Order Filing 546 Unopposed MOTION for Extension of Time to March 31, 2017 to file Reply in Support of Doc. 302 / Opposition to Doc. 456 and Request for Scheduling Order, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
October 12, 2016 Opinion or Order Filing 545 ORDER GRANTING UNOPPOSED MOTION TO EXTEND LILLY'S DEADLINE TO FILE REPLY IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST LAMORAK - Plaintiffs Eli Lilly and Company and Eli Lilly do Brasil Ltda. (collectively "Lilly") have filed an #544 unopposed motion to extend its deadline to file a reply in support of its #482 motion for partial summary judgment against Defendant Commercial Union Insurance Company l/k/a OneBeacon America Insurance Company n/k/a Lamorak Insurance Company ("Lamorak"). Lilly's reply is currently due on October 17, 2016. Lilly has requested an extension, to and including December 5, 2016. The Court, finding such motion to be for good cause, hereby GRANTS said motion. Accordingly, Lilly's deadline to file a reply in support of its motion for partial summary judgment against Lamorak is extended until December 5, 2016. Signed by Judge Larry J. McKinney on 10/12/2016. (GSO)
October 11, 2016 Opinion or Order Filing 544 MOTION for Extension of Time to File Reply to December 5, 2016 re #482 Cross MOTION for Partial Summary Judgment Against Lamorak (REDACTED) Unopposed, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Gotwald, Gregory)
October 7, 2016 Opinion or Order Filing 543 MARGINAL ENTRY re #539 Joint Notice - Stipulation as to the waiver of cost, fees and expenses is ACKNOWLEDGED. Signed by Judge Larry J. McKinney on 10/7/2016.(JKS)
October 7, 2016 Opinion or Order Filing 542 MOTION to Maintain Document Under Seal #541 SEALED Document (Case Participants - doc) Exhibit A - Expert Report of Diogenese Mendes Gonclaves Neto, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
October 7, 2016 Opinion or Order Filing 541 **ORDERED SEALED PER #602 **SEALED Exhibit A - Expert Report of Diogenese Mendes Gonclaves Neto, re #540 Submission, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan) Modified on 2/9/2017 (LDH).
October 7, 2016 Opinion or Order Filing 540 Submission of Certified Translations of Source Material Cited in the Expert Report of Diogenes Mendes Gonclaves Neto, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Neto Report [FILED UNDER SEAL], #2 Exhibit B - Decree-law No. 4,657, #3 Exhibit C - Bustamante Code, Decree Law No. 18,871, #4 Exhibit D - Civil Code, Articles 436-438 and 757-802, #5 Exhibit E - Article 337 of the 1973 Civil Procedure Code, #6 Exhibit F - Article 376 of the New Civil Procedure Code, #7 Exhibit G - May 18, 2000 Superior Court Judgment, Appeal No. 254.544/MG, #8 Exhibit H - Federal Constitution of 1988, #9 Exhibit I - Decree-law No. 73 of 1966, #10 Exhibit J - Supplementary Law No. 126 of 2007, #11 Exhibit K - Aug. 21, 2014 Superior Court Judgment, Special Appeal No. 963.852/PR, #12 Exhibit L - Resolution CNSP No. 168 of 2007, #13 Exhibit M - CNSP Resolution 241/2011, #14 Exhibit N - Carlos Maximiliano, in Hermenecutica e aplicacao do direito, 19th ed., Rio de Janeiro; Forense, 2008, pp. 257-258, #15 Exhibit O - Sept. 3, 2002 Superior Court Judgment, Special Appeal No. 401.718/PR, #16 Exhibit P - Dec. 2, 2013 Court of Appeals Judgment, Appeal No. 0048583-41.2009.8.26.0506, #17 Exhibit Q - UNIDROIT Principles, #18 Exhibit R - Superior Court of Justice (STJ) 257880RJ, #19 Exhibit S - Law No. 6,194 of 1974, #20 Exhibit T - Circular SUSEP No. 437 of 2012, #21 Exhibit U - Resolution No. 107 of 2004, #22 Exhibit V - May 10, 2011 Superior Court Judgment, Special Appeal No. 875.876/PR, #23 Exhibit W - May 28, 2012 SUSEP News Article, #24 Exhibit X - Lawsuit No. 0008990-35.2004.8.26.0100)(Leagre, Ryan)
October 6, 2016 Opinion or Order Filing 539 NOTICE (Joint) Regarding Costs, Fees, and Expenses, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA, re #531 Order on Motion for Sanctions, #533 Order on Motion to Compel. (Gotwald, Gregory)
September 30, 2016 Opinion or Order Filing 538 ORDER GRANTING DEFENDANT COMMERCIAL UNION INSURANCE COMPANY l/k/a ONEBEACON AMERICA INSURANCE COMPANY n/k/a LAMORAK INSURANCE COMPANY'S MOTION TO MAINTAIN DOCUMENTS UNDER SEAL - Defendant, Commercial Union Insurance Company l/k/ OneBeacon America Insurance Company n/k/a Lamorak Insurance Company ("Lamorak"), filed its #537 Motion to Maintain Documents Under Seal, and the Court being duly advised, hereby grants such Motion. IT IS THEREFORE ORDERED that the unredacted version of Defendant Commercial Union Insurance Company l/k/a OneBeacon America Insurance Company n/k/a Lamorak Insurance Company's Combined Memorandum if Law in Opposition to Plaintiffs' Motion for Partial Summary Judgment and Reply Memorandum in Support of its Motion to Dismiss and/or for Summary Judgment shall be filed and maintained under seal. Signed by Judge Larry J. McKinney on 9/30/2016. (GSO)
September 29, 2016 Opinion or Order Filing 537 MOTION to Maintain Document Under Seal #536 SEALED Response to Motion and Reply Memorandum in Support of its Motion to Dismiss and/or for Summary Judgment, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Spevacek, Charles)
September 29, 2016 Opinion or Order Filing 536 SEALED RESPONSE re #482 Cross MOTION for Partial Summary Judgment Against Lamorak (REDACTED) and Reply Memorandum in Support of its Motion to Dismiss and/or for Summary Judgment re #369 , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Spevacek, Charles)
September 29, 2016 Opinion or Order Filing 535 RESPONSE in Opposition re #482 Cross MOTION for Partial Summary Judgment Against Lamorak (REDACTED) and Reply Memorandum in Support of its Motion to Dismiss and/or for Summary Judgment re #369 (REDACTED), filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Spevacek, Charles)
September 27, 2016 Opinion or Order Filing 534 ORDER granting #532 Motion to Appear pro hac vice - Attorney Matthew P. Lawlyes added for COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (See Order.) Signed by Judge Larry J. McKinney on 9/27/2016. Copies distributed pursuant to distribution list. (GSO)
September 27, 2016 Opinion or Order Filing 533 ORDER ON CERTAIN DEFENDANTS' MOTION TO COMPEL - Defendants', Arch Insurance Company and Arch Specialty Insurance Company, #468 Motion to Compel is GRANTED in part and DENIED in part. (See Order.) Signed by Judge Larry J. McKinney on 9/27/2016. (GSO)
September 23, 2016 Opinion or Order Filing 532 MOTION for Attorney Matthew P. Lawlyes to Appear pro hac vice (Filing fee $100.00, receipt number IP052585), filed by COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order, #2 Envelope) (GSO)
September 19, 2016 Opinion or Order Filing 531 ORDER ON PLAINTIFFS' MOTION FOR SANCTIONS - The Court GRANTS Plaintiffs' #375 Motion for Sanctions to the extent that Plaintiffs shall recover the costs, including attorneys' fees, for cancelling the arrangements for the originally-scheduled deposition and the costs, including attorneys' fees for preparing the Motion for Sanctions; but the Motion for Sanctions is DENIED in all other respects. (See Order.) Signed by Judge Larry J. McKinney on 9/19/2016. (GSO)
September 2, 2016 Opinion or Order Filing 530 ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS AND OPPOSITION TO CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT - This cause has come before the Court upon the #526 unopposed Motion of Arch Insurance Company and Arch Specialty Insurance Company (collectively "Arch") for an extension of time to file their Reply in Support of #302 Motion for Judgment on the Pleadings and Opposition to Plaintiffs' #457 Cross Motion for Partial Summary Judgment. IT IS ORDERED that the Motion should be, and hereby is, GRANTED. Arch shall have an extension through and including October 31, 2016. Signed by Judge Larry J. McKinney on 9/2/2016. (GSO)
September 1, 2016 Opinion or Order Filing 529 Submission of Proposed Order , re #526 Unopposed MOTION for Extension of Time to File Reply to October 31, 2016 re #457 SEALED Cross Motion for Partial Summary Judgment, #302 MOTION for Judgment on the Pleadings , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
September 1, 2016 Opinion or Order Filing 528 MOTION to Maintain Document Under Seal #527 SEALED Document (Case Participants - doc) , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
September 1, 2016 Opinion or Order Filing 527 **ORDERED SEALED PER #601 **SEALED Exhibit 2 (Unredacted), re #526 Motion for Extension of Time to File Reply, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph) Modified on 2/9/2017 (LDH).
September 1, 2016 Opinion or Order Filing 526 Unopposed MOTION for Extension of Time to File Reply to October 31, 2016 re #457 SEALED Cross Motion for Partial Summary Judgment, #302 MOTION for Judgment on the Pleadings , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Email regarding deposition dates, #2 Exhibit 2 - Letter regarding deficient discovery responses [Redacted], #3 Exhibit 3 - Email regarding document production, #4 Exhibit 4 - Rule 30(b)(6) Notices)(Thomas, Joseph)
September 1, 2016 Opinion or Order Filing 525 REPLY in Support of Motion re #476 MOTION to Remove Confidentiality Designation , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
August 29, 2016 Opinion or Order Filing 524 MOTION to Maintain Document Under Seal #523 SEALED Reply in support of Motion to Compel, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
August 29, 2016 Opinion or Order Filing 523 SEALED REPLY in support of Motion re #468 MOTION to Compel , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1. Email chain between Ms. Gramke and Mr. Gotwald, #2 Exhibit 2. Email chain between Ms. Gramke and Mr. Claflin, #3 Exhibit 3. Letter from Ms. Gramke to Mr. Gotwald)(Thomas, Joseph)
August 29, 2016 Opinion or Order Filing 522 REPLY in Support of Motion re #468 MOTION to Compel , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1. Email chain between Ms. Gramke and Mr. Gotwald, #2 Exhibit 2. Email chain between Ms. Gramke and Mr. Claflin, #3 Exhibit 3. Letter from Ms. Gramke to Mr. Gotwald)(Thomas, Joseph)
August 26, 2016 Opinion or Order Filing 521 MOTION to Maintain Document Under Seal #520 SEALED Reply in support of Motion , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
August 26, 2016 Opinion or Order Filing 520 SEALED REPLY in support of Motion re #498 MOTION for Request for International Assistance , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 2 - Claflin Email (unredacted), #2 Exhibit 3 - Claflin Letter)(Thomas, Joseph)
August 26, 2016 Opinion or Order Filing 519 REPLY in Support of Motion re #498 MOTION for Request for International Assistance (Redacted), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - SUSEP Documents, #2 Exhibit 2 - Claflin Email (redacted), #3 Exhibit 3 - Claflin Letter (filed under seal))(Thomas, Joseph)
August 23, 2016 Opinion or Order Filing 518 MOTION to Maintain Document Under Seal #517 SEALED Response to Motion for Request for International Assistance filed by Arch, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
August 23, 2016 Opinion or Order Filing 517 SEALED RESPONSE re #498 MOTION for Request for International Assistance (UNREDACTED), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
August 23, 2016 Opinion or Order Filing 516 RESPONSE in Opposition re #498 MOTION for Request for International Assistance (REDACTED), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Mariana Teixeira Naves v. National Western Life Ins. Co. and Ricardo Oliviera Tarantello)(Leagre, Ryan)
August 22, 2016 Opinion or Order Filing 515 MOTION to Maintain Document Under Seal #514 SEALED Document (Case Participants - doc) Exhibit A - Opinion with Proposed Redactions, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
August 22, 2016 Opinion or Order Filing 514 SEALED Exhibit A - Opinion with Proposed Redactions, re #513 Response in Opposition to Motion, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
August 22, 2016 Opinion or Order Filing 513 RESPONSE in Opposition re #476 MOTION to Remove Confidentiality Designation , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Redacted Opinion (Filed Under Seal))(Leagre, Ryan)
August 19, 2016 Opinion or Order Filing 512 MOTION to Maintain Document Under Seal #511 SEALED Response to Motion #468 Arch's Motion to Compel, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
August 19, 2016 Opinion or Order Filing 511 SEALED RESPONSE re #468 MOTION to Compel (UNREDACTED), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Aug. 19, 2016 Affidavit of Gregory Gotwald (Unredacted), #2 Exhibit A-2 - Aug. 16, 2016 email from G. Gotwald encl. Privilege Log, #3 Exhibit A-4 - Feb. 8, 2016 Eli Lilly Responses to Arch's 2nd Set of Document Requests, #4 Exhibit A-5 - Aug. 15, 2016 Eli Lilly Responses to Arch's 2nd Set of Interrogatories, #5 Exhibit A-6 - Aug. 15, 2016 Lilly Brasil Responses to Arch's 2nd Set of Interrogatories, #6 Exhibit A-7 - Aug. 15, 2016 Lilly Brasil Responses to Arch's Requests for Admissions)(Leagre, Ryan)
August 19, 2016 Opinion or Order Filing 510 RESPONSE in Opposition re #468 MOTION to Compel (REDACTED), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Aug. 19, 2016 Affidavit of Gregory Gotwald, #2 Exhibit A-1 - Common Interest Privilege Email, #3 Exhibit A-2 - FILED UNDER SEAL, #4 Exhibit A-3 - Apr. 15, 2013 Letter from G. Gotwald to JLT, #5 Exhibit A-4 - FILED UNDER SEAL, #6 Exhibit A-5 - FILED UNDER SEAL, #7 Exhibit A-6 - FILED UNDER SEAL, #8 Exhibit A-7 - FILED UNDER SEAL, #9 Exhibit A-8 - Aug. 16, 2016 emails between G. Gotwald and M. Gramke)(Leagre, Ryan)
August 17, 2016 Opinion or Order Filing 509 ORDER granting #507 Unopposed Motion for Extension of Time - Lilly's deadline to respond to Arch's #468 Motion to Compel is extended by three (3) days, until August 19, 2016. Signed by Judge Larry J. McKinney on 8/17/2016. (JKS)
August 17, 2016 Opinion or Order Filing 508 CORRECTED Order Setting Expedited Briefing Schedule - Any party, including Plaintiffs Eli Lilly and Company and Eli Lilly do Brasil Limitada, that seeks to inform the Court of its position on the #498 foreign assistance motion shall do so on or before Tuesday, August 23, 2016; Arch shall file any reply on or before Friday, August 26, 2016. Signed by Judge Larry J. McKinney on 8/17/2016.(JKS)
August 16, 2016 Opinion or Order Filing 507 Unopposed MOTION for Extension of Time to File Response to Aug. 19, 2016 re #468 MOTION to Compel , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
August 16, 2016 Opinion or Order Filing 506 ORDER SETTING EXPEDITED BRIEFING SCHEDULE - Any party, including Plaintiffs Eli Lilly and Company and Eli Lilly do Brasil Limitada, that seeks to inform the Court of its position on the #498 foreign assistance motion shall do so on or before Tuesday, August 23, 2016. Arch shall file any reply on or before Friday, August 19, 2016. (See Order.) Signed by Judge Larry J. McKinney on 8/16/2016. (GSO)
August 16, 2016 Opinion or Order Filing 505 ORDER GRANTING UNOPPOSED MOTION TO EXTEND LILLY'S DEADLINE TO RESPOND TO ARCH'S MOTION TO REMOVE CONFIDENTIALITY DESIGNATION - The Court, finding such #501 motion to be for good cause, hereby GRANTS said motion. Accordingly, Lilly's deadline to respond to Arch's #476 Motion to Remove Confidentiality Designation is extended by seven (7) days, until August 22, 2016. (See Order.) Signed by Judge Larry J. McKinney on 8/16/2016. (GSO)
August 16, 2016 Opinion or Order Filing 504 ORDER GRANTING LAMORAK'S UNOPPOSED MOTION FOR CONSOLIDATED BRIEF AND EXTENDED BRIEFING SCHEDULE - A #496 motion for extension of time is granted for Lamorak to file its Consolidated Brief. Lamorak shall have to and including September 29, 2016 within which to file its Consolidated Brief. (See Order.) Signed by Judge Larry J. McKinney on 8/16/2016. (GSO)
August 16, 2016 Opinion or Order Filing 503 ORDER WITHDRAWING DOCKET #494 FILED ON AUGUST 12, 2016 - This matter having come before the Court on the #495 Motion of Defendant, Commercial Union Insurance Company, f/k/a OneBeacon America Insurance Company, n/k/a Lamorak Insurance Company ("Lamorak"), by counsel, to withdraw Docket #494 erroneously filed with this Court on August 12, 2016, and this Court being duly advised in the premises, now finds that said Motion should be granted. IT IS THEREFORE ORDERED that Docket No. #494 errouneously filed with this Court by Defendant, Lamorak, on August 12, 2016, is hereby withdrawn. Signed by Judge Larry J. McKinney on 8/16/2016. (GSO)
August 16, 2016 Opinion or Order Filing 502 MOTION to Maintain Document Under Seal #500 SEALED Document (Case Participants - doc) pending ruling on confidentiality designations, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
August 15, 2016 Opinion or Order Filing 501 Unopposed MOTION for Extension of Time to File Response to Aug. 22, 2016 re #476 MOTION to Remove Confidentiality Designation , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
August 15, 2016 Opinion or Order Filing 500 SEALED BRIEF/MEMORANDUM in Support re 498 MOTION for Request for International Assistance [Unredacted Version], re #498 Motion (Other), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Proposed Request (Unredacted), #2 Exhibit 2 - August 5, 2016 Email, #3 Exhibit 3 - July 20, 2016 Email)(Thomas, Joseph)
August 15, 2016 Opinion or Order Filing 499 BRIEF/MEMORANDUM in Support re #498 MOTION for Request for International Assistance [Redacted Version], filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Proposed Request (Redacted), #2 Exhibit 2 - August 5, 2016 Email (Filed Under Seal), #3 Exhibit 3 - July 20, 2016 Email (Filed Under Seal), #4 Exhibit 4 - Request for Deposition Dates and Response, #5 Exhibit 5 - Yale Law Journal Forum Article)(Thomas, Joseph)
August 15, 2016 Opinion or Order Filing 498 MOTION for Request for International Assistance, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
August 15, 2016 Opinion or Order Filing 497 ORDER granting #493 Unopposed Motion for Extension of Time - Lilly's deadline to respond to Arch's Motion to Compel is extended for four (4) days, until August 16, 2016. Signed by Judge Larry J. McKinney on 8/15/2016. (JKS)
August 12, 2016 Opinion or Order Filing 496 Unopposed MOTION for Consolidated Brief and Extended Briefing Schedule, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Harkness, Scott)
August 12, 2016 Opinion or Order Filing 495 MOTION to Withdraw Docket No. 494 Filed August 12, 2016, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Harkness, Scott)
August 12, 2016 Opinion or Order Filing 494 ***WITHDRAWN per #503 Order*** Unopposed MOTION for Consolidated Brief and Extended Briefing Schedule, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Harkness, Scott) Modified on 8/16/2016 (GSO).
August 12, 2016 Opinion or Order Filing 493 Unopposed MOTION for Extension of Time to File Response to Aug. 16, 2016 re #468 MOTION to Compel , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
August 9, 2016 Opinion or Order Filing 492 ORDER GRANTING LILLY'S MOTION TO MAINTAIN DOCUMENTS UNDER SEAL - the Court GRANTS the #490 motion. The Court hereby seals Attachments 1-11 to Lilly's Motion (at dkt 489) in accordance with Local Rule 5-11 of the United States District Court of the Southern Case 1:13-cv-01770-LJM-TAB Document 490-1 Filed 08/08/16 Page 1 of 2 PageID #: 19905 District of Indiana and Section 18 of the Civil Electronic Case Filing Administrative Policies and Procedures Manual for the Southern District of Indiana. (See Order.) Signed by Judge Larry J. McKinney on 8/9/2016. (GSO)
August 9, 2016 Opinion or Order Filing 491 ORDER GRANTING LILLY'S UNOPPOSED MOTION TO SUBSTITUTE DOCUMENTS FILED IN RESPONSE TO ARCH'S MOTION FOR JUDGMENT ON THE PLEADINGS - Plaintiffs Eli Lilly and Company and Eli Lilly do Brasil Ltda. (collectively "Lilly") have filed an #488 unopposed motion to replace Dkts. No. 457, 460, and 460-2 - 460-10 with documents that contain their correct confidentiality designation. The Court, finding Lilly's motion to be for good cause, hereby GRANTS said motion. Signed by Judge Larry J. McKinney on 8/9/2016. (GSO)
August 8, 2016 Opinion or Order Filing 490 MOTION to Maintain Document Under Seal #489 SEALED Document (Case Participants - doc) Motion to Substitute Documents, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
August 8, 2016 Opinion or Order Filing 489 SEALED , re #488 Motion to Amend/Correct, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit Attachment 1 - SJ Motion, #2 Exhibit Attachment 2 - Response Brief, #3 Exhibit Attachment 3 - Ex. A to Response Brief, #4 Exhibit Attachment 4 - Ex. B to Response Brief, #5 Exhibit Attachment 5 - Ex. D to Response Brief, #6 Exhibit Attachment 6 - Ex. E to Response Brief, #7 Exhibit Attachment 7 - Ex. F to Response Brief, #8 Exhibit Attachment 8 - Ex. G to Response Brief, #9 Exhibit Attachment 9 - Ex. H to Response Brief, #10 Exhibit Attachment 10 - Ex. J to Response Brief, #11 Exhibit Attachment 11 - Ex. K to Response Brief, #12 Text of Proposed Order)(Connor, Colin)
August 8, 2016 Opinion or Order Filing 488 Unopposed MOTION to Amend/Correct #457 SEALED Cross Motion for Partial Summary Judgment, #460 SEALED Document (Case Participants - doc) Joint Brief in Response to Lamorak's Motion for Summary Judgment and in Support of Lilly's Motion for Partial Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit Attachment 1 - Motion for Summary Judgment, #2 Exhibit Attachment 2 - Response Brief, #3 Exhibit Attachment 3 - Ex. A to Response Brief, #4 Exhibit Attachment 4 - Ex. B to Response Brief, #5 Exhibit Attachment 5 - Ex. D to Response Brief, #6 Exhibit Attachment 6 - Ex. E to Response Brief, #7 Exhibit Attachment 7 - Ex. F to Response Brief, #8 Exhibit Attachment 8 - Ex. G to Response Brief, #9 Exhibit Attachment 9 - Ex. H to Response Brief, #10 Exhibit Attachment 10 - Ex. J to Response Brief, #11 Exhibit Attachment 11 - Ex. K to Response Brief, #12 Text of Proposed Order)(Connor, Colin)
August 5, 2016 Opinion or Order Filing 487 ORDER GRANTING LILLY'S MOTION TO MAINTAIN DOCUMENTS UNDER SEAL - The Court GRANTS the #486 Motion. The Court hereby seals portions of pages 2-4 of Lilly's #483 Motion for Partial Summary Judgment and pages i, 1-2, 4-8, 14-16, and 20-25 of and portions of Exhibit A and Attachments 1, 4, 5, 6, and 7 thereto filed with Lilly's #485 Joint Brief in Support of Lilly's Cross-Motion for Partial Summary Judgment and in Response to Lamorak's Motion to Dismiss and/or for Summary Judgment. (See Order.) Signed by Judge Larry J. McKinney on 8/5/2016. (GSO)
August 4, 2016 Opinion or Order Filing 486 MOTION to Maintain Document Under Seal #483 SEALED Document (Case Participants - doc), #485 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
August 4, 2016 Opinion or Order Filing 485 SEALED Joint Brief in Response to Lamorak's Motion for Summary Judgment and in Support of Lilly's Motion for Partial Summary Judgment, re #484 Response in Opposition to Motion #369 , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Affidavit of Elizabeth DuSold, #2 Exhibit A-1 - 1995 Agreement, #3 Exhibit A-4 - May 15, 2014 Motion for Clarification, #4 Exhibit A-5 - May 16, 2014 Ruling on Motion for Clarification, #5 Exhibit A-6 - November 4, 2015 ABL's Brief, #6 Exhibit A-7 - July 11, 2014 Prosecutor's Appeal, #7 Index of Exhibits)(Connor, Colin) Modified on 3/19/2018 (BRR).
August 4, 2016 Opinion or Order Filing 484 RESPONSE in Opposition re #369 MOTION to Dismiss or for Summary Judgment and Brief in Support of Lilly's #482 Motion for Partial Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Affidavit of Elizabeth DuSold (Redacted), #2 Exhibit A-1 - Filed Under Seal, #3 Exhibit A-2 - PCA Complaint, #4 Exhibit A-3 - PCA Judgment Part 1, #5 Exhibit A-3 - PCA Judgment Part 2, #6 Exhibit A-4 - Filed Under Seal, #7 Exhibit A-5 - Filed Under Seal, #8 Exhibit A-6 - Filed Under Seal, #9 Exhibit A-7 - Filed Under Seal, #10 Exhibit B - August 1, 2016 Affidavit of Mark Saltsgaver, #11 Exhibit B-1 - June 30, 2008 10-Q, #12 Exhibit B-2 - December 31, 2008 10-K, #13 Exhibit B-3 - December 31, 2009 10-K, #14 Exhibit C - Affidavit of Elizabeth King, #15 Exhibit C-1 - Post-Notice Defense Costs, #16 Exhibit C-2 - Currency Exchange Rates, #17 Exhibit D - August 4, 2016 Affidavit of Gregory Gotwald, #18 Exhibit D-1 - August 14, 2009 Notice of Vieira, #19 Exhibit D-2 - February 4, 2010 Update on Vieira, #20 Exhibit D-3 - September 25, 2009 Vieira Amended Complaint, #21 Exhibit D-4 - November 25, 2009 Motion to Dismiss Vieira, #22 Exhibit D-5 - September 25, 2013 Lamorak's Denial Letter, #23 Exhibit E - July 23, 2010 Thomson Order, #24 Exhibit F - July 9, 2013 Affidavit of Mark Saltsgaver, #25 Index of Exhibits)(Connor, Colin) Modified on 8/5/2016 (JKS).
August 4, 2016 Opinion or Order Filing 483 SEALED Cross Motion for Summary Judgment Against Lamorak, re #482 Motion for Partial Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
August 4, 2016 Opinion or Order Filing 482 Cross MOTION for Partial Summary Judgment Against Lamorak (REDACTED), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
August 2, 2016 Opinion or Order Filing 481 ORDER GRANTING UNOPPOSED MOTION TO EXTEND LILLY'S DEADLINE TO RESPOND TO LAMORAK'S MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT - Plaintiffs Eli Lilly and Company and Eli Lilly do Brasil Ltda. (collectively "Lilly") have filed an unopposed motion to extend their deadline to respond to Defendant Commercial Union Insurance Company, later known as OneBeacon America Insurance company, now known as Lamorak Insurance Company's ("Lamorak") #369 Motion to Dismiss and/or for Summary Judgment ("Lamorak's Motion"). Lamorak does not oppose Lilly's motion. The Court, finding Lilly's motion to be for good cause, hereby GRANTS said #480 motion. Lilly's deadline to respond to Lamorak's Motion is extended three (3) days, to and including August 4, 2016. Signed by Judge Larry J. McKinney on 8/2/2016. (GSO)
August 1, 2016 Opinion or Order Filing 480 Unopposed MOTION for Extension of Time to File Response to 08/04/2016 re #369 MOTION to Dismiss or for Summary Judgment (Lamorak), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
July 29, 2016 Opinion or Order Filing 479 MOTION to Seal Document #478 Brief/Memorandum in Support of Motion, #477 Brief/Memorandum in Support of Motion , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
July 27, 2016 Opinion or Order Filing 478 BRIEF/MEMORANDUM in Support re #476 MOTION to Remove Confidentiality Designation [Amended to Include Pages Inadvertently Omitted from Doc. 477], filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Meet and Confer Emails, #2 Exhibit 2 - Removal of Outside Counsel Only Designation)(Thomas, Joseph) Modified on 8/1/2016 (JKS).
July 27, 2016 Opinion or Order Filing 477 ***PLEASE DISREGARD - See #478 Memorandum*** BRIEF/MEMORANDUM in Support re #476 MOTION to Remove Confidentiality Designation , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Meet and Confer Emails, #2 Exhibit 2 - Removal of Outside Counsel Only Designation)(Thomas, Joseph) Modified on 7/28/2016 (GSO). Modified on 8/1/2016 (JKS).
July 27, 2016 Opinion or Order Filing 476 MOTION to Remove Confidentiality Designation, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
July 27, 2016 Opinion or Order Filing 475 ORDER granting #472 Motion to Maintain Document - Having considered the Motion, the Court hereby GRANTS the Motion as to Exhibits 8, 10, 11, and 12. IT IS THEREFORE ORDERED that docket #471 in this matter is to remain sealed. Signed by Judge Larry J. McKinney on 7/27/2016. (JKS)
July 27, 2016 Opinion or Order Filing 474 Submission of Signature Requirement re #471 SEALED Document (Case Participants - doc) by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Gramke, Megan)
July 27, 2016 Opinion or Order Filing 473 Submission of Signature Requirement re #470 Declaration by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Gramke, Megan)
July 26, 2016 Opinion or Order Filing 472 MOTION to Maintain Document Under Seal #471 SEALED Document (Case Participants - doc) , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
July 26, 2016 Opinion or Order Filing 471 SEALED Exhibits 8, 10, 11, and 12 to Declaration of Megan B. Gramke, re #468 Motion to Compel, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 8 - June 20, 2016 Letter, #2 Exhibit 10 - LILLY_02596027 LILLY_02596032, #3 Exhibit 11 - LILLY_02601240 LILLY_02601245, #4 Exhibit 12 - LILLY_02561204)(Thomas, Joseph)
July 26, 2016 Opinion or Order Filing 470 DECLARATION of Megan B. Gramke re #468 Motion to Compel by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Document Requests, #2 Exhibit 2 - Extension/Meet and Confer Emails, #3 Exhibit 3 - Responses to Document Requests, #4 Exhibit 4 - April 15, 2016 Email, #5 Exhibit 5 - April 20, 2016 Email, #6 Exhibit 6 - May 4 and 9, 2016 Emails, #7 Exhibit 7 - June 2, 2016 Letter, #8 Exhibit 8 - June 20, 2016 Letter {Filed Under Seal}, #9 Exhibit 9 - July 12, 2016 Letter, #10 Exhibit 10 - Confidential Document {Filed Under Seal}, #11 Exhibit 11 - Confidential Document {Filed Under Seal}, #12 Exhibit 12 - Confidential Document {Filed Under Seal}, #13 Exhibit 13 - August 9, 2013 Email)(Thomas, Joseph)
July 26, 2016 Opinion or Order Filing 469 BRIEF/MEMORANDUM in Support re #468 MOTION to Compel , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
July 26, 2016 Opinion or Order Filing 468 MOTION to Compel , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
July 26, 2016 Opinion or Order Filing 467 ORDER GRANTING LILLY'S MOTION TO EXTEND LILLY'S DEADLINE TO RESPOND TO LAMORAK'S MOTION FOR SUMMARY JUDGMENT - The Court, finding such #466 motion to be for good cause, hereby GRANTS said motion. Accordingly, Lilly's deadline to respond to Lamorak's #369 Motion for Summary Judgment is extended seven (7) days, to and including August 1, 2016. (See Order.) Signed by Judge Larry J. McKinney on 7/26/2016. (GSO)
July 25, 2016 Opinion or Order Filing 466 Unopposed MOTION for Extension of Time to File Response to 08/01/2016 re #369 MOTION to Dismiss or for Summary Judgment (Lamorak), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
July 20, 2016 Opinion or Order Filing 465 ORDER - Arch's #297 Motion for Leave is GRANTED; the Answers will be deemed filed as of the date of Arch's Motion for Leave. Lilly's #394 Motion to Strike is DENIED. Arch's MJOP is hereby CONVERTED to one for Motion for Summary Judgment pursuant to Rule 56 of the Rules of Civil Procedure; therefore, Arch's Reply brief shall address any and all issues as if raised on summary judgment. In order to facilitate briefing on the subjects raised therein, the stay of discovery as to Lilly and Arch is hereby LIFTED. (See Order.) Signed by Judge Larry J. McKinney on 7/20/2016. (GSO)
July 19, 2016 Opinion or Order Filing 464 ORDER GRANTING LILLY'S MOTION FOR LEAVE TO FILE AN OVERSIZED BRIEF - The Court, finding such #458 motion to be for good cause, hereby GRANTS said motion and HEREBY accepts the oversized Response/Brief filed on 7/15/2016. (See Order.) Signed by Judge Larry J. McKinney on 7/19/2016. (GSO)
July 19, 2016 Opinion or Order Filing 463 ORDER GRANTING LILLY'S MOTION TO MAINTAIN DOCUMENTS UNDER SEAL - The Court hereby seals portions of pages 2-5 of Lilly's #457 Motion for Partial Summary Judgment and pages ii, 1-13, 17-20, 23-25, 29-30, 34, 38-40, 46-50, and 53-62 of and Exhibits A, B, D, E, F, G, H, J, and K attached to Lilly's #460 Joint Brief in Response to Arch's Motion for Judgment on the Pleadings and in Support of its Cross-Motion for Partial Summary Judgment. (See Order.) Signed by Judge Larry J. McKinney on 7/19/2016. (GSO)
July 15, 2016 Opinion or Order Filing 462 MOTION to Maintain Document Under Seal #457 SEALED Document (Case Participants - doc), #460 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan) Modified on 7/18/2016 (JKS).
July 15, 2016 Opinion or Order Filing 461 MOTION for Oral Argument on Arch's MJOP and Lilly's Cross Motion for Partial Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
July 15, 2016 Opinion or Order Filing 460 SEALED Joint Brief in Response to Arch's Mot. for Judgment on the Pleadings and in Support of Lilly's Mot. for Partial Summary Judgment, re #459 Response in Opposition to Motion, #457 SEALED Document (Case Participants - doc), #302 Motion for Judgment on the Pleadings, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Mar. 16, 2016 Arch 30(b)(6) Deposition Excerpts, #3 Exhibit B - Mar. 23, 2016 Touchstone Deposition Excerpts, #4 Exhibit D - July 6, 2016 Saltsgaver Affidavit, #5 Exhibit E - May 16, 2016 Arch 30(b)(6) Deposition Excerpts, #6 Exhibit F - May 25, 2016 Clemens Affidavit, #7 Exhibit G - July 1, 2016 Hughes Affidavit, #8 Exhibit H - June 27, 2016 Arch 30(b)(6) Deposition Excerpts, #9 Exhibit J - June 14, 2016 Neto Report, #10 Exhibit K - July 12, 2016 Lindsay Affidavit)(Leagre, Ryan)
July 15, 2016 Opinion or Order Filing 459 RESPONSE in Opposition re #302 MOTION for Judgment on the Pleadings and Brief in Support of re #457 Motion for Partial Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Index of Exhibits, #2 Exhibit A - FILED UNDER SEAL, #3 Exhibit B - FILED UNDER SEAL, #4 Exhibit C - July 15, 2016 Affidavit of G. Gotwald, #5 Exhibit C-1 - Oct. 7, 2013 Arch Denial Letter, #6 Exhibit C-2 - 2003 Arch Spec. Policy, #7 Exhibit C-3 - 2004 Arch Spec. Policy, #8 Exhibit C-4 - 2005 Arch Spec. Policy, #9 Exhibit C-5 - 2006 Arch Spec. Policy, #10 Exhibit C-6 - 2007 Arch Spec. Policy, #11 Exhibit C-7 - 2008 Arch Spec. Policy, #12 Exhibit C-8 - 2009 Arch Spec. Policy, #13 Exhibit C-9 - 2010 Arch Spec. Policy, #14 Exhibit C-10 - 2011 Arch Spec. Policy, #15 Exhibit C-11 - 2012 Arch Spec. Policy, #16 Exhibit C-12 - 2013 Arch Spec. Policy, #17 Exhibit C-13 - 2009 Arch Ins. Policy, #18 Exhibit C-14 - 2010 Arch Ins. Policy, #19 Exhibit C-15 - 2011 Arch Ins. Policy, #20 Exhibit C-16 - 2012 Arch Ins. Policy, #21 Exhibit C-17 - 2013 Arch Ins. Policy, #22 Exhibit C-18 - 2006 Lib. Mut. Policy, #23 Exhibit C-19 - 2008 Lib. Mut. Policy, #24 Exhibit C-20 - 2009 Lib. Mut. Policy, #25 Exhibit C-21 - 2010 Lib. Mut. Policy, #26 Exhibit C-22 - 2011 Lib. Mut. Policy, #27 Exhibit C-23 - 2012 Lib. Mut. Policy, #28 Exhibit C-24 - 2013 Lib. Mut. Policy, #29 Exhibit D - FILED UNDER SEAL, #30 Exhibit E - FILED UNDER SEAL, #31 Exhibit F - FILED UNDER SEAL, #32 Exhibit G - FILED UNDER SEAL, #33 Exhibit H - FILED UNDER SEAL, #34 Exhibit I - Feb. 26, 2016 Deposition Excerpts of Paulo Piza, #35 Exhibit J - FILED UNDER SEAL, #36 Exhibit K - FILED UNDER SEAL)(Leagre, Ryan)
July 15, 2016 Opinion or Order Filing 458 MOTION for Leave to File Oversized Joint Brief to Arch's MJOP and Lilly's Motion for Partial Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
July 15, 2016 Opinion or Order Filing 457 SEALED Cross Motion for Partial Summary Judgment as to certain issues raised in Arch's MJOP, re #456 Motion for Partial Summary Judgment, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan) Modified on 7/18/2016 (JKS).
July 15, 2016 Opinion or Order Filing 456 Cross MOTION for Partial Summary Judgment as to certain issues raised in Arch's MJOP, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
July 14, 2016 Opinion or Order Filing 455 ORDER GRANTING WITHDRAWAL - The Court, having reviewed the #454 Motion to Withdraw Appearance filed by attorney Houston A. Hum, and being duly advised in the premises, now GRANTS said Motion. IT IS THERFORE ORDERED that the appearance of Mr. Hum on behalf of Defendant Liberty Insurance Underwriters, Inc. is hereby withdrawn. Signed by Judge Larry J. McKinney on 7/14/2016. (GSO)
July 13, 2016 Opinion or Order Filing 454 MOTION to Withdrawal of Appearance of Houston A. Hum on behalf of LIBERTY INSURANCE UNDERWRITERS INC. (Attachments: #1 Text of Proposed Order Granting Withdrawal) (Hum, Houston) Modified on 7/14/2016 (JKS).
July 12, 2016 Opinion or Order Filing 453 ORDER - The Court GRANTS in part and DENIES in part Lilly's #442 motion; and DENIES Defendants' #441 motion. The deadlines in the #214 January 29, 2015, Revised Case Management Plan ("CMP") are hereby MODIFIED. The Bench Trial on Phase I currently set to begin on July 17, 2017, is hereby VACATED and is RE-SET to begin on Monday, December 18, 2017, at 9:00 a.m. in Courtroom 246; and the Final Pretrial Conference currently set for June 29, 2017, is hereby VACATED and is RE-SET for Tuesday, December 5, 2017, at 10:00 a.m., in Courtroom 246, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, at which time the parties shall appear by counsel to discuss all matters preparatory for trial. Signed by Judge Larry J. McKinney on 7/12/2016. (GSO)
July 8, 2016 Opinion or Order Filing 452 RESPONSE in Opposition re #442 MOTION to Modify Certain Deadlines in the Revised CMP (Dkt. No. 214) , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
July 7, 2016 Opinion or Order Filing 451 ORDER GRANTING LILLY'S MOTION TO EXTEND LILLY'S DEADLINE TO RESPOND TO ARCH'S MOTION FOR JUDGMENT ON THE PLEADINGS - The Court, finding the #449 motion to be for good cause, hereby GRANTS said motion. Accordingly, Lilly's deadline to respond to Arch's #302 MJOP is extended four (4) days, to and including July 15, 2016. (See Order.) Signed by Judge Larry J. McKinney on 7/7/2016. (GSO)
July 7, 2016 Opinion or Order Filing 450 ORDER GRANTING LILLY'S MOTION TO EXTEND LILLY'S DEADLINE TO RESPOND TO LAMORAK'S MOTION FOR SUMMARY JUDGMENT - The Court, finding the #448 motion to be for good cause, hereby GRANTS said motion. Accordingly, Lilly's deadline to respond to Lamorak's #369 Motion for Summary Judgment is extended ten (10) days, to and including July 25, 2016. (See Order.) Signed by Judge Larry J. McKinney on 7/7/2016. (GSO)
July 7, 2016 Opinion or Order Filing 449 Unopposed MOTION for Extension of Time to File Response to 07/15/2016 re #302 MOTION for Judgment on the Pleadings (Arch), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
July 6, 2016 Opinion or Order Filing 448 Unopposed MOTION for Extension of Time to File Response to 07/25/2016 re #369 MOTION to Dismiss or for Summary Judgment (Lamorak), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
July 5, 2016 Opinion or Order Filing 447 ORDER GRANTING LILLY'S MOTION TO MAINTAIN DOCUMENTS UNDER SEAL - The Court GRANTS the #446 Motion. (See Order.) Signed by Judge Larry J. McKinney on 7/5/2016. (GSO)
June 29, 2016 Opinion or Order Filing 446 MOTION to Maintain Document Under Seal #445 SEALED Document (Case Participants - doc) Notice of Filing Documentation in Support of Lilly's Response to Arch's Motion for Leave to Assert Additional Defenses and Lilly's Brief in Support of Motion to Strike - UNREDACTED, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
June 29, 2016 Opinion or Order Filing 445 SEALED Notice of Filing Documentation in Support of Lilly's #315 Response to Arch's #297 Motion for Leave to Assert Additional Defenses and Lilly's Brief in Support of Motion to Strike - UNREDACTED, re #396 SEALED Document (Case Participants - doc), #444 NOTICE of Filing, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Arch Large Claim Report 1, #2 Exhibit B - Arch Large Claim Report 2, #3 Exhibit C - Arch Large Claim Report 3, #4 Exhibit D - Arch Large Claim Report)(Leagre, Ryan) Modified on 6/30/2016 (JKS).
June 29, 2016 Opinion or Order Filing 444 NOTICE of Filing Documentation in support of Lilly's #315 Response to Arch's #297 Motion for Leave to Assert Additional Defenses and Lilly's Brief in Support of Motion to Strike - REDACTED by All Plaintiffs (Attachments: #1 Exhibit A-D - FILED UNDER SEAL) (Leagre, Ryan) Modified on 6/30/2016 (JKS).
June 29, 2016 Opinion or Order Filing 443 ORDER granting #403 Motion for Leave to File - Defendants Arch Insurance Company and Arch Specialty Insurance Company (collectively, "Arch") has moved to file a surreply in opposition to Plaintiffs Eli Lilly and Company's and Lilly do Brasil, LTDA's ("Lilly's") Motion for Sanctions. Dkt. No. #403 . The Motion to File Surreply is GRANTED. Signed by Judge Larry J. McKinney on 6/29/2016. (JKS)
June 24, 2016 Opinion or Order Filing 442 MOTION to Modify Certain Deadlines in the Revised CMP (Dkt. No. 214), filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
June 24, 2016 Opinion or Order Filing 441 MOTION to Vacate Case Management Plan Pending Ruling on Dispositive Motions, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY, COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY, ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
June 3, 2016 Opinion or Order Filing 440 ORDER granting Plaintiffs' #438 Motion to extend the non-expert discovery deadline to 7/27/2016. Signed by Magistrate Judge Tim A. Baker on 6/3/2016.(SWM)
June 1, 2016 Opinion or Order Filing 439 ORDER GRANTING LILLY'S MOTION TO EXTEND LILLY'S DEADLINE TO RESPOND TO LAMORAK'S MOTION FOR SUMMARY JUDGMENT - The Court, finding the #437 motion to be for good cause, hereby GRANTS said motion. Accordingly, Lilly's deadline to respond to Lamorak's #369 Motion for Summary Judgment is extended until three days after Lilly's response to Arch's MJOP is due. (See Order.) Signed by Judge Larry J. McKinney on 6/1/2016. (GSO)
May 28, 2016 Opinion or Order Filing 438 Unopposed MOTION for Extension of Time to July 27, 2016 to Extend the Non-Expert Discovery Deadline, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
May 27, 2016 Opinion or Order Filing 437 Unopposed MOTION for Extension of Time to File Response to 3 days after response to Arch's MJOP is due re #369 MOTION to Dismiss or for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
May 10, 2016 Opinion or Order Filing 436 ORDER granting Plaintiffs' #435 Motion to Maintain Document No. #434 Unredacted Reply Under Seal. Signed by Judge Larry J. McKinney on 5/10/2016. (BGT)
May 9, 2016 Opinion or Order Filing 435 MOTION to Maintain Document Under Seal #434 SEALED Document (Case Participants - doc) Unredacted Reply in Support of Motion to Strike, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
May 9, 2016 Opinion or Order Filing 434 ***MAINTAINED UNDER SEAL PER DKT. #436 ORDER*** SEALED Unredacted Reply in Support of Motion to Strike, re #433 Reply in Support of Motion, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan) Modified on 5/10/2016 (BGT).
May 9, 2016 Opinion or Order Filing 433 REPLY in Support of Motion re #394 MOTION to Strike #297 MOTION for Leave to Assert Additional Defenses in Their Answers to Plaintiffs' Second Amended Complaint, Instanter REDACTED, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
May 5, 2016 Opinion or Order Filing 432 ORDER granting Defendants' #431 Motion to Maintain Document No. #428 and #430 Filings Under Seal. Signed by Judge Larry J. McKinney on 5/5/2016. (BGT)
April 29, 2016 Opinion or Order Filing 431 MOTION to Maintain Document Under Seal #430 Exhibit, #428 SEALED Reply in support of Motion , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
April 29, 2016 Opinion or Order Filing 430 ***MAINTAINED UNDER SEAL PER DKT. #432 ORDER*** EXHIBIT re #429 Declaration {Unredacted Version of Exhibit 2 filed under seal} by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph) Modified on 5/5/2016 (BGT).
April 29, 2016 Opinion or Order Filing 429 DECLARATION of Megan B. Gramke re #427 Reply in Support of Motion by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Piza Deposition Excerpts, #2 Exhibit 2 - Conkin Deposition Excerpts (filed under seal), #3 Exhibit 3 - Touchstone Deposition Excerpts, #4 Exhibit 4 - AIG Article)(Thomas, Joseph)
April 29, 2016 Opinion or Order Filing 428 ***MAINTAINED UNDER SEAL PER DKT. #432 ORDER*** SEALED REPLY in support of Motion re #297 MOTION for Leave to Assert Additional Defenses in Their Answers to Plaintiffs' Second Amended Complaint, Instanter , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph) Modified on 5/5/2016 (BGT).
April 29, 2016 Opinion or Order Filing 427 REPLY in Support of Motion re #297 MOTION for Leave to Assert Additional Defenses in Their Answers to Plaintiffs' Second Amended Complaint, Instanter [Redacted Version], filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
April 27, 2016 Opinion or Order Filing 426 ORDER granting Plaintiffs' #424 Motion for Extension of Time to File Response to 5/27/2016 re #369 MOTION to Dismiss or for Summary Judgment. Signed by Judge Larry J. McKinney on 4/27/2016. (BGT)
April 26, 2016 Opinion or Order Filing 425 ORDER granting Plaintiffs' #422 Motion for Extension of Time to File Response re #302 MOTION for Judgment on the Pleadings. Lilly's response to the Motion is due for filing two weeks after the conclusion of the Conkin deposition. In light of this ruling, Plaintiffs' previously-filed Motion for Extension of Time to File a Response, Docket No. 400, is DENIED AS MOOT. Signed by Judge Larry J. McKinney on 4/26/2016. (BGT)
April 26, 2016 Opinion or Order Filing 424 Unopposed MOTION for Extension of Time to File Response to 5/27/16 re #369 MOTION to Dismiss or for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
April 25, 2016 Opinion or Order Filing 423 Submission of Proposed Order , re #422 Amended MOTION for Extension of Time to File Response re #302 MOTION for Judgment on the Pleadings , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Claflin, Jeffrey)
April 20, 2016 Opinion or Order Filing 422 Amended MOTION for Extension of Time to File Response re #302 MOTION for Judgment on the Pleadings , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Claflin, Jeffrey)
April 20, 2016 Opinion or Order Filing 421 ORDER on Plaintiffs' #380 Motion to Amend Purportedly Deemed Admission: Lilly's motion is well taken and the Court grants withdrawal of Lamorak's requests for admissions. The matters set forth in Lamorak's requests for admissions are not deemed admitted (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 4/20/2016. (SWM)
April 7, 2016 Opinion or Order Filing 420 ORDER granting Plaintiffs' #418 Motion to Maintain Document Under Seal #417 SEALED Exhibit A - Stand-in Policy. Signed by Judge Larry J. McKinney on 4/7/2016. (BGT)
April 7, 2016 Opinion or Order Filing 419 ORDER granting Defendants' #312 Motion to Maintain Document Under Seal #310 SEALED MEMORANDUM IN SUPPORT. Signed by Judge Larry J. McKinney on 4/7/2016. (BGT)
April 6, 2016 Opinion or Order Filing 418 MOTION to Maintain Document Under Seal #417 SEALED Document (Case Participants - doc) Exhibit A - Stand-in Policy, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
April 6, 2016 Opinion or Order Filing 417 ***MAINTAINED UNDER SEAL PER DKT. #420 ORDER*** SEALED Exhibit A - Stand-in Policy, re #416 Response in Opposition to Motion, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Stand-in Policy)(Claflin, Jeffrey) Modified on 4/8/2016 (BGT).
April 6, 2016 Opinion or Order Filing 416 RESPONSE in Opposition re #403 MOTION for Leave to File Surreply in Opposition to Plaintiffs' Motion for Sanctions , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Stand-in Policy FILED UNDER SEAL)(Claflin, Jeffrey)
April 5, 2016 Opinion or Order Filing 415 Submission of Proposed Order , re #312 MOTION to Maintain Document Under Seal #310 SEALED Document MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT, filed by Defendants LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY. (Thompson, Michael)
April 4, 2016 Opinion or Order Filing 414 REPLY in Support of Motion re #380 MOTION to Amend/Correct Purportedly Deemed Admissions , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
April 4, 2016 Opinion or Order Filing 413 ORDER granting #406 Motion to Maintain Document Under Seal #405 SEALED Surreply in Opposition to Plaintiffs' Motion for Sanctions and Exhibits A and B to Gramke Declaration in Support of Surreply. Signed by Judge Larry J. McKinney on 4/4/2016. (BGT)
April 4, 2016 Opinion or Order Filing 412 ORDER granting Plaintiffs' #402 Motion to Maintain Document Under Seal #401 SEALED Exhibit 1 - Conkin Deposition Excerpts. Signed by Judge Larry J. McKinney on 4/4/2016. (BGT)
April 4, 2016 Opinion or Order Filing 411 ORDER granting Plaintiffs' #314 Motion to Maintain Document Under Seal #305 SEALED Document - Exhibit D to Declaration of Megan B. Gramke. Signed by Judge Larry J. McKinney on 4/4/2016. (BGT)
April 4, 2016 Opinion or Order Filing 410 ORDER granting Arch Defendants' #306 Motion to Maintain Document Under Seal #305 SEALED Document - Exhibit D to Declaration of Megan B. Gramke. Signed by Judge Larry J. McKinney on 4/4/2016. (BGT)
April 4, 2016 Opinion or Order Filing 409 ORDER granting Plaintiffs' #290 Motion to Maintain Document Under Seal #289 SEALED Second Amended Complaint and Exhibits. Signed by Judge Larry J. McKinney on 4/4/2016. (BGT)
April 4, 2016 Opinion or Order Filing 408 ORDER granting Defendants' #407 Motion for Extension of Time to 4/29/2016 in which to respond to plaintiffs' Motion to Strike and Response to Motion for Leave to Assert Additional Defenses [Docs. 394 and 395.] Signed by Judge Larry J. McKinney on 4/4/2016. (BGT)
April 1, 2016 Opinion or Order Filing 407 Unopposed MOTION for Extension of Time to April 29, 2016 to Respond to Docs 394 and 395, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
March 31, 2016 Opinion or Order Filing 406 MOTION to Maintain Document Under Seal #405 SEALED Document (Case Participants - doc) , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
March 31, 2016 Opinion or Order Filing 405 ***MAINTAINED UNDER SEAL PER DKT. #413 ORDER*** SEALED Surreply in Opposition to Plaintiffs' Motion for Sanctions and Exhibits A and B to Gramke Declaration in Support of Surreply, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Exhibit 9 to Deposition of John Touchstone, #2 Exhibit B - Excerpts from Deposition of John Touchstone)(Thomas, Joseph) Modified on 4/4/2016 (BGT).
March 31, 2016 Opinion or Order Filing 404 DECLARATION of Megan B. Gramke in Support of Surreply attached as Exhibit 1 to re #403 Motion for Leave to File by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Exhibit 9 to Deposition of John Touchstone [Redacted], #2 Exhibit B - Excerpts from Deposition of John Touchstone [Redacted])(Thomas, Joseph)
March 31, 2016 Opinion or Order Filing 403 MOTION for Leave to File Surreply in Opposition to Plaintiffs' Motion for Sanctions, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Surreply [Redacted])(Thomas, Joseph)
March 30, 2016 Opinion or Order Filing 402 MOTION to Maintain Document Under Seal #401 SEALED Document (Case Participants - doc) Exhibit 1 - Conkin Deposition Excerpts, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
March 30, 2016 Opinion or Order Filing 401 ***MAINTAINED UNDER SEAL PER DKT. #412 ORDER*** SEALED Exhibit 1 - Conkin Deposition Excerpts, re #400 Motion for Extension of Time to File Response, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Conkin Deposition Excerpts)(Leagre, Ryan) Modified on 4/4/2016 (BGT).
March 30, 2016 Opinion or Order Filing 400 MOTION for Extension of Time to File Response to May 16, 2016 re #302 MOTION for Judgment on the Pleadings , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - Conkin Deposition Excerpts FILED UNDER SEAL, #2 Exhibit 2 - Feb. 17, 2016 email from F. Shadley to J. Claflin, #3 Text of Proposed Order)(Leagre, Ryan)
March 30, 2016 Opinion or Order Filing 399 ORDER granting Plaintiffs' #397 Motion to Maintain Document Under Seal Dkt. #396 SEALED Unredacted Response to Arch's Motion for Leave to Assert Additional Defenses and Brief in Support of Motion to Strike. Signed by Judge Larry J. McKinney on 3/30/2016. (BGT)
March 30, 2016 Opinion or Order Filing 398 ORDER granting Plaintiffs' #393 Motion to Maintain Document Under Seal Dkt. #392 SEALED Reply in support of Motion. Signed by Judge Larry J. McKinney on 3/30/2016. (BGT)
March 29, 2016 Opinion or Order Filing 397 MOTION to Maintain Document Under Seal #396 SEALED Document (Case Participants - doc) Lilly's Response to Arch's Motion for Leave to Assert Additional Defenses and Brief in Support of Motion to Strike, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
March 29, 2016 Opinion or Order Filing 396 ***MAINTAINED UNDER SEAL PER DKT. #399 ORDER*** SEALED Response to Arch's Motion for Leave to Assert Additional Defenses and Brief in Support of Motion to Strike UNREDACTED, re #394 Motion to Strike, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1 - April 15, 2013, Notice Letter, #2 Exhibit 2 - May 14, 2013, Email from G. Gotwald to Arch, #3 Exhibit 3 - October 7, 2013, Arch Denial Letter, #4 Exhibit 4 - February 24, 2016, Letter from G. Plews to J. Thomas, #5 Exhibit 5 - March 2, 2016, Email from M. Gramke to G. Plews, #6 Exhibit 7 - February 26, 2016, Deposition Transcript of Paulo Piza)(Connor, Colin) Modified on 3/30/2016 (BGT).
March 29, 2016 Opinion or Order Filing 395 BRIEF/MEMORANDUM in Support re #394 MOTION to Strike #297 MOTION for Leave to Assert Additional Defenses in Their Answers to Plaintiffs' Second Amended Complaint, Instanter REDACTED, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1-5 - FILED UNDER SEAL, #2 Exhibit 6 - 2008-09 Arch Policy, #3 Exhibit 7 - FILED UNDER SEAL, #4 Exhibit 8 - 2003-04 Arch Policy, #5 Exhibit 9 - 2003-06 Liberty Mutual Policy, #6 Exhibit 10 - 2007-08 Liberty Mutual Policy)(Connor, Colin)
March 29, 2016 Opinion or Order Filing 394 MOTION to Strike #297 MOTION for Leave to Assert Additional Defenses in Their Answers to Plaintiffs' Second Amended Complaint, Instanter , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
March 28, 2016 Opinion or Order Filing 393 MOTION to Maintain Document Under Seal #392 SEALED Reply in support of Motion for Sanctions against Arch Defendants, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
March 28, 2016 Opinion or Order Filing 392 ***MAINTAINED UNDER SEAL PER DKT. #398 ORDER*** SEALED REPLY in support of Motion re #375 MOTION for Sanctions against Arch Defendants UNREDACTED, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Conkin Deposition Excerpts, #2 Exhibit B - Touchstone Deposition Excerpts)(Leagre, Ryan) Modified on 3/30/2016 (BGT).
March 28, 2016 Opinion or Order Filing 391 REPLY in Support of Motion re #375 MOTION for Sanctions against Arch Defendants REDACTED, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A and B - FILED UNDER SEAL, #2 Exhibit C - 2010-2011 Arch policy)(Leagre, Ryan)
March 28, 2016 Opinion or Order Filing 390 ORDER granting Plaintiffs' #389 Motion for Extension of Time to File Response to 4/27/2016 re #369 MOTION to Dismiss or for Summary Judgment. Signed by Judge Larry J. McKinney on 3/28/2016. (BGT)
March 24, 2016 Opinion or Order Filing 389 Unopposed MOTION for Extension of Time to File Response to April 27, 2016 re #369 MOTION to Dismiss or for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
March 23, 2016 Opinion or Order Filing 388 RESPONSE in Opposition re #380 MOTION to Amend/Correct Purportedly Deemed Admissions , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Spevacek, Charles)
March 21, 2016 Opinion or Order Filing 387 RESPONSE in Opposition re #375 MOTION for Sanctions against Arch Defendants Upper Excess Insrurers' Response by RSUI, Liberty Ins. Underwriters, Endurance American Specialty INs. Co., XL Ins. America, Inc adn Westchester Surplus Ins. Co., filed by Defendant RSUI INDEMNITY COMPANY. (Nadeau, Christopher)
March 21, 2016 Opinion or Order Filing 386 NOTICE of Appearance by Michael Thompson on behalf of Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Thompson, Michael)
March 21, 2016 Opinion or Order Filing 385 NOTICE of Appearance by Ana M. Francisco on behalf of Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Francisco, Ana)
March 17, 2016 Opinion or Order Filing 384 DECLARATION of Megan B. Gramke re #383 Notice (Other), #382 Response in Opposition to Motion by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - February 23, 2016 Email, #2 Exhibit 2 - February 23, 2016 Email, #3 Exhibit 3 - February 23, 2016 Email, #4 Exhibit 4 - March 4, 2016 Email, #5 Exhibit 5 - March 7, 2016 Email, #6 Exhibit 6 - March 7, 2016 Email, #7 Exhibit 7 - March 1, 2016 Email, #8 Exhibit 8 - March 4, 2016 Email, #9 Exhibit 9 - March 4, 2016 Email, #10 Exhibit 10 - March 7, 2016 Email, #11 Exhibit 11 - March 7, 2016 Email, #12 Exhibit 12 - March 8, 2016 Email, #13 Exhibit 13 - March 8, 2016 Email, #14 Exhibit 14 - March 9, 2016 Email)(Thomas, Joseph)
March 17, 2016 Opinion or Order Filing 383 NOTICE Regarding Deposition of John Touchstone and Potential Need for Court Assistance on March 23, 2016, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY (Thomas, Joseph)
March 17, 2016 Opinion or Order Filing 382 RESPONSE in Opposition re #375 MOTION for Sanctions against Arch Defendants , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
March 9, 2016 Opinion or Order Filing 381 BRIEF/MEMORANDUM in Support re #380 MOTION to Amend/Correct Purportedly Deemed Admissions , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Affidavit Exhibit A, #2 Exhibit Attachment 1 to Exhibit A, #3 Exhibit Attachment 2 to Exhibit A, #4 Exhibit Attachment 3 to Exhibit A, #5 Exhibit Attachment 4 to Exhibit A, #6 Exhibit Attachment 5 to Exhibit A, #7 Exhibit Attachment 6 to Exhibit A, #8 Exhibit Attachment 7 to Exhibit A, #9 Exhibit Attachment 8 to Exhibit A, #10 Exhibit Attachment 9 to Exhibit A, #11 Exhibit Attachment 10 to Exhibit A, #12 Exhibit Attachment 11 to Exhibit A)(Connor, Colin)
March 9, 2016 Opinion or Order Filing 380 MOTION to Amend/Correct Purportedly Deemed Admissions, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
March 8, 2016 Opinion or Order Filing 379 ORDER granting Plaintiffs' #378 Motion to Maintain Document Under Seal #377 SEALED Unredacted Brief and Exhibits 28-48. Signed by Judge Larry J. McKinney on 3/8/2016. (BGT)
March 4, 2016 Opinion or Order Filing 378 MOTION to Maintain Document Under Seal #377 SEALED Document (Case Participants - doc) , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
March 4, 2016 Opinion or Order Filing 377 ***MAINTAINED UNDER SEAL PER DKT. #379 ORDER*** SEALED Unredacted Brief and Exhibits 28-48, re #376 Brief/Memorandum in Support of Motion, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 28 - Dec. 12, 2002 email from Ross to Touchstone, #2 Exhibit 29 - Dec. 17, 2002 email from Touchstone to Schumacher, #3 Exhibit 30 - Dec. 17, 2002 email from Ross to Touchstone, #4 Exhibit 31 - Dec. 20-23, 2002 emails between Ross and Touchstone, #5 Exhibit 32 - Dec. 27, 2002 email from Touchstone to Ross, #6 Exhibit 33 - Dec. 30, 2002 email from Borgersen to Touchstone, #7 Exhibit 34 - Dec. 30, 2002 Sample Policy from Borgersen to Touchstone, #8 Exhibit 35 - Dec. 31, 2002 Sample Policy from Ross to Touchstone, #9 Exhibit 36 - Dec. 31, 2002 email from Ross to Touchstone, #10 Exhibit 37 - Arch Policy Binder, #11 Exhibit 38 - Dec. 2, 2003 letter from Ross to Touchstone, #12 Exhibit 39 - Nov. 10-12, 2004 emails between Ross, Borgersen, and Touchstone, #13 Exhibit 40 - Dec. 20-28, 2004 emails between Ross, Borgersen, and Touchstone, #14 Exhibit 41 - Lilly's 2006 Application, #15 Exhibit 42 - Arch 2006 Risk Analysis Worksheet, #16 Exhibit 43 - Dec. 30, 2008 - Jan. 7, 2009 emails between Ross, Borgersen, and Touchstone, #17 Exhibit 44 - Jan. 14, 2009 emails between Ross and Touchstone, #18 Exhibit 45 - Feb. 18, 2009 emails between Ross, Borgersen, and Touchstone, #19 Exhibit 46 - Feb. 25, 2009 emails between Ross, Pettman, Borgersen, and Touchstone, #20 Exhibit 47 - Feb. 25-27, 2009 emails between Ross, Pettman, Borgersen, and Touchstone, #21 Exhibit 48 - Apr. 10, 2014 email)(Leagre, Ryan) Modified on 3/8/2016 (BGT).
March 4, 2016 Opinion or Order Filing 376 BRIEF/MEMORANDUM in Support re #375 MOTION for Sanctions against Arch Defendants , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Affidavit Affidavit of Jeffrey D. Claflin, #2 Exhibit 1 - Sept. 4, 2015 30(b)(6) deposition notice, #3 Exhibit 2 - Dec. 4, 2015 amended 30(b)(6) deposition notice, #4 Exhibit 3 - Jan. 21, 2016 2nd amended 30(b)(6) deposition notice, #5 Exhibit 4 - Nov. 6, 2015 email from F. Shadley to J. Claflin, #6 Exhibit 5 - Dec. 10, 2015 email from F. Shadley to J. Claflin, #7 Exhibit 6 - Dec. 17, 2015 email from J. Claflin to F. Shadley, #8 Exhibit 7 - Dec. 30, 2015 and Jan. 4, 2016 emails between J. Claflin to F. Shadley, #9 Exhibit 8 - Jan. 4, 2016 email from F. Shadley to J. Claflin, #10 Exhibit 9 - Jan. 21, 2016 J. Touchstone deposition notice, #11 Exhibit 10 - Feb. 1, 2016 email from F. Shadley to J. Claflin, #12 Exhibit 11 - Feb. 5-7, 2016 emails between J. Claflin and F. Shadley, #13 Exhibit 12 - Feb. 8, 2016 email from M. Gramke to J. Claflin, #14 Exhibit 13 - Feb. 8, 2016 email from F. Shadley to J. Claflin, #15 Exhibit 14 - Feb.8, 2016 email from J. Claflin to F. Shadley, #16 Exhibit 15 - Feb. 8, 2016 email from J. Claflin to F. Shadley, #17 Exhibit 16 - Feb. 9, 2016 email from J. Claflin to F. Shadley, #18 Exhibit 17 - Feb. 11, 2016 emails between J. Claflin and F. Shadley, #19 Exhibit 18 - Feb. 11, 2016 email from F. Shadley to J. Claflin, #20 Exhibit 19 - Feb. 12, 2016 email from J. Claflin to J. Thomas, #21 Exhibit 20 - Feb. 16, 2016 email from J. Claflin to F. Shadley, #22 Exhibit 21 - Feb. 17, 2016 email from F. Shadley to J. Claflin, #23 Exhibit 22 - Feb. 17, 2016 email from J. Claflin to F. Shadley, #24 Exhibit 23 - Feb. 18, 2016 email from F. Shadley to J. Claflin, #25 Exhibit 24 - Feb. 23, 2016 email from F. Shadley to J. Claflin, #26 Exhibit 25 - Feb. 23, 2016 second J. Touchstone deposition notice, #27 Exhibit 26 - Feb. 23, 2016 email from F. Shadley to J. Claflin, #28 Exhibit 27 - Mar. 1, 2016 email from M. Gramke to J. Claflin, #29 Exhibit 28-48 FILED UNDER SEAL)(Leagre, Ryan)
March 4, 2016 Opinion or Order Filing 375 MOTION for Sanctions against Arch Defendants, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
March 1, 2016 Opinion or Order Filing 374 ORDER granting Defendant's #372 Motion to Maintain Documents Under Seal. The following documents at Docket No. 371 shall be filed and maintained under seal: Exhibits 2, 3, and 4 to the Declaration of Scott A. Harkness and those portions of the Declaration of Scott A. Harkness and Lamorak's Memorandum of Law in Support of its Motion to Dismiss and/or for Summary Judgment that refer to the information contained in the aforementioned Exhibits. Signed by Judge Larry J. McKinney on 3/1/2016. (BGT)
March 1, 2016 Opinion or Order Filing 373 NOTICE of Withdrawal of Motion to Compel Without Prejudice, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY, re #335 MOTION to Compel . (Thomas, Joseph)
February 25, 2016 Opinion or Order Filing 372 MOTION to Maintain Document Under Seal #371 SEALED Document (Case Participants - doc) , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Harkness, Scott)
February 25, 2016 Opinion or Order Filing 371 SEALED Documents, re #369 Motion for Summary Judgment, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Declaration of Scott a. Harkness, #2 Exhibit Ex 2 to Harkness Declaration, #3 Exhibit Ex 3 to Harkness Declaration, #4 Exhibit Ex 4 to Harkness Declaration, #5 Memorandum of Law in Support of Summary Judgment)(Harkness, Scott)
February 25, 2016 Opinion or Order Filing 370 ORDER. On December 3, 2015, Defendants Liberty Mutual Fire Insurance Company and Liberty Mutual Insurance Company ("Liberty Mutual") filed a Motion to Dismiss and/or Summary Judgment in this action. Dkt. No. 309. On February 19, 2016, Plaintiffs Eli Lilly and Company and Eli Lilly do Brasil Ltda. ("Lilly") and Liberty Mutual Defendants filed a Joint Motion to Dismiss with Prejudice all of Plaintiffs' claims against Liberty Mutual. Dkt. No. 365. The Court granted this Motion on February 23, 2016. Dkt. No. 367. In light of these circumstances, Liberty Mutual's Motion to Dismiss and/or Summary Judgment, Dkt. No. 309, is DENIED AS MOOT. Signed by Judge Larry J. McKinney on 2/25/2016. (BGT)
February 25, 2016 Opinion or Order Filing 369 MOTION to Dismiss or for Summary Judgment , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Redacted Memorandum of Law, #2 Redacted Declaration of Scott A. Harkness, #3 Exhibit Ex 1 to Harkness Declaration, #4 Exhibit Redacted Ex 2 to Harkness Declaration, #5 Exhibit Redacted Ex 3 to Harkness Declaration, #6 Exhibit Redacted Ex 4 to Harkness Declaration, #7 Exhibit Ex 5 to Harkness Declaration, #8 Exhibit Ex 6 Harkness Declaration, #9 Exhibit Ex 7 to Harkness Declaration, #10 Declaration of Robert Baynes, #11 Exhibit Ex A to Baynes Declaration)(Harkness, Scott) Modified on 2/26/2016 (BGT).
February 23, 2016 Opinion or Order Filing 368 ORDER granting #350 Plaintiffs' Motion for Extension of Time to File Response to 2/18/2016 re #335 MOTION to Compel . Signed by Magistrate Judge Tim A. Baker on 2/23/2016. (SWM)
February 23, 2016 Opinion or Order Filing 367 ORDER granting Parties' #365 Joint MOTION to Dismiss Liberty Mutual Fire Insurance Company & Liberty Mutual Insurance Company with Prejudice. Each party shall bear its own costs and attorneys' fees. Signed by Judge Larry J. McKinney on 2/23/2016. (BGT)
February 22, 2016 Opinion or Order Filing 366 ORDER granting Plaintiffs' #364 Motion for Extension of Time to File Response to 3/3/2016 re #335 MOTION to Compel . Signed by Magistrate Judge Tim A. Baker on 2/22/2016. (SWM)
February 19, 2016 Opinion or Order Filing 365 Joint MOTION to Dismiss Liberty Mutual Fire Insurance Company & Liberty Mutual Insurance Company with Prejudice, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA, Counter Defendants ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Gotwald, Gregory)
February 18, 2016 Opinion or Order Filing 364 Third MOTION for Extension of Time to File Response to 3/3/16 re #335 MOTION to Compel , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
February 18, 2016 Opinion or Order Filing 363 ORDER granting Arch Defendants' #358 Motion to File Amended Documents Instanter and to Deem the Amended Documents as Filed November 20, 2015. The documents filed by the Arch Defendants on February 17, 2016 contemporaneously with Doc. 358 are deemed filed November 20, 2015. Signed by Judge Larry J. McKinney on 2/18/2016. (BGT)
February 17, 2016 Opinion or Order Filing 362 ***DOCUMENTS DEEMED FILED 11/20/2015 PER DKT. #363 ORDER*** BRIEF/MEMORANDUM in Support re #302 MOTION for Judgment on the Pleadings (Amended), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A (Part 1) - Amended Piza Declaration including Exhibits 1 and 2, #2 Exhibit A (Part 2) - Exhibit 3 to Amended Piza Declaration, #3 Exhibit B - SUSEP Communications)(Thomas, Joseph) Modified on 2/18/2016 (BGT).
February 17, 2016 Opinion or Order Filing 361 ***DOCUMENTS DEEMED FILED 11/20/2015 PER DKT. #363 ORDER*** NOTICE of Application of Foreign Law (Amended), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY (Attachments: #1 Exhibit A (Part 1) - Amended Piza Declaration including Exhibits 1 and 2, #2 Exhibit A (Part 2) - Exhibit 3 to Amended Piza Declaration, #3 Exhibit B - SUSEP Communications) (Thomas, Joseph) Modified on 2/18/2016 (BGT).
February 17, 2016 Opinion or Order Filing 360 ***DOCUMENTS DEEMED FILED 11/20/2015 PER DKT. #363 ORDER*** AMENDED ANSWER to Second Amended Complaint , filed by Defendant ARCH INSURANCE COMPANY. (Attachments: #1 Exhibit A (Part 1) - Amended Piza Declaration including Exhibits 1 and 2, #2 Exhibit A (Part 2) - Exhibit 3 to Amended Piza Declaration, #3 Exhibit B - Gotwald Letter)(Thomas, Joseph) Modified on 2/18/2016 (BGT).
February 17, 2016 Opinion or Order Filing 359 ***DOCUMENTS DEEMED FILED 11/20/2015 PER DKT. #363 ORDER*** AMENDED ANSWER to Second Amended Complaint , filed by Defendant ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A (Part 1) - Amended Piza Declaration including Exhibits 1 and 2, #2 Exhibit A (Part 2 ) - Exhibit 3 to Amended Piza Declaration, #3 Exhibit B - Gotwald Letter)(Thomas, Joseph) Modified on 2/18/2016 (BGT).
February 17, 2016 Opinion or Order Filing 358 MOTION to Amend/Correct Documents and to Deem the Amended Documents as Filed November 20, 2015, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
February 16, 2016 Opinion or Order Filing 357 NOTICE of Settlement with Liberty Mutual, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA, Counter Defendants ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA (Connor, Colin)
February 16, 2016 Opinion or Order Filing 356 ORDER granting Arch Defendants' #355 Motion to Maintain Document Under Seal. The Clerk shall maintain Document No. 354 under seal. Signed by Judge Larry J. McKinney on 2/16/2016. (BGT)
February 10, 2016 Opinion or Order Filing 355 MOTION to Maintain Document Under Seal #354 SEALED Document (Case Participants - doc) , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
February 10, 2016 Opinion or Order Filing 354 ***MAINTAINED UNDER SEAL PER DKT. #356 ORDER*** SEALED Second Supplemental Notice of Foreign Law, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Confidential Document Filed Under Seal, #2 Exhibit B - Confidential Document Filed Under Seal, #3 Exhibit C - Confidential Document Filed Under Seal, #4 Exhibit D - Confidential Document Filed Under Seal, #5 Exhibit E - Confidential Document Filed Under Seal, #6 Exhibit F - Confidential Document Filed Under Seal, #7 Exhibit G - Confidential Document Filed Under Seal, #8 Exhibit H - September 2005 Article, #9 Exhibit I - April 2010 Article, #10 Exhibit J - February 2013 Article, #11 Exhibit K - February 2015 Article)(Thomas, Joseph) Modified on 2/16/2016 (BGT).
February 10, 2016 Opinion or Order Filing 353 REDACTION Second Supplemental Notice of Foreign Law by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B - Redacted, #3 Exhibit C - Redacted, #4 Exhibit D - Redacted, #5 Exhibit E - Redacted, #6 Exhibit F - Redacted, #7 Exhibit G - Redacted, #8 Exhibit H - September 2005 Article, #9 Exhibit I - April 2010 Article, #10 Exhibit J - February 2013 Article, #11 Exhibit K - February 2015 Article)(Thomas, Joseph)
February 9, 2016 Opinion or Order Filing 352 ORDER granting Plaintiffs' #351 Unopposed Motion for Extension of Time to File Response to 3/31/2016 re #302 MOTION for Judgment on the Pleadings, #297 MOTION for Leave to Assert Additional Defenses in Their Answers to Plaintiffs' Second Amended Complaint, Instanter, and #301 NOTICE of Application of Foreign Law. Signed by Judge Larry J. McKinney on 2/9/2016. (BGT)
February 5, 2016 Opinion or Order Filing 351 Second MOTION for Extension of Time to File Response to March 31, 2016 re #302 MOTION for Judgment on the Pleadings , #297 MOTION for Leave to Assert Additional Defenses in Their Answers to Plaintiffs' Second Amended Complaint, Instanter , and #301 NOTICE of Application of Foreign Law, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
February 4, 2016 Opinion or Order Filing 350 Second MOTION for Extension of Time to File Response to February 18, 2016 re #335 MOTION to Compel , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
February 4, 2016 Opinion or Order Filing 349 NOTICE of FILING of OFFICIAL TRANSCRIPT of Telephone Status Conference held before Judge Larry J. McKinney on 02/02/2016 (Moxley, David)
February 4, 2016 Opinion or Order Filing 348 TRANSCRIPT of Telephone Status Conference held on 02/02/2016 before Judge Larry J. McKinney. (16 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 916-8209). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 2/25/2016. Release of Transcript Restriction set for 5/4/2016. (Moxley, David) Released on 5/4/2016 (SWM).
February 3, 2016 Opinion or Order Filing 347 ORDER- granting #344 Motion for Extension of Time to File Response to 2/15/2016 re #309 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Signed by Judge Larry J. McKinney on 2/3/2016. (RSF)
February 2, 2016 Opinion or Order Filing 346 ENTRY and ORDER for proceedings held before Judge Larry J. McKinney: Telephonic Status Conference held on 2/2/2016. The parties appear by counsel for Status Conference related to Plaintiffs' Eli Lilly and Company and Eli Lilly Do Brasil LTDA ("Plaintiffs'"), oral motion to compel the Rule 30(b)(6) deposition of Defendants. The Court concludes that the deposition may take place as limited to the issues raised by Arch in its Motion for Judgment on the Pleadings and its application of foreign law argument and notice. If the parties have difficulty further narrowing the requests, the Court offered to be available on the day of the deposition by telephone to resolve any disputes. (See ENTRY.) Signed by Judge Larry J. McKinney. (Court Reporter David Moxley.)(RSF)
February 2, 2016 Opinion or Order Filing 345 SCHEDULING ORDER: Telephonic Status Conference set for 2/2/2016 at 2:00 PM before Judge Larry J. McKinney, at which time the relevant parties, Plaintiffs and Defendants Arch Insurance Company and Arch Specialty Insurance Company, shall appear by counsel by calling the Court's Conference Bridge, 317-229-3961, at the appointed time. Counsel is reminded that the Conference Bridge may accommodate only 5 callers from outside the Court and they must coordinate their calls accordingly. Signed by Judge Larry J. McKinney on 2/2/2016.(RSF)
February 1, 2016 Opinion or Order Filing 344 Second MOTION for Extension of Time to File Response to February 15, 2016 re #309 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and/or MOTION for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
February 1, 2016 Opinion or Order Filing 343 ORDER granting Plaintiffs' #340 Motion for Extension of Time to File Response to 2/4/2016 re #335 MOTION to Compel . Signed by Magistrate Judge Tim A. Baker on 1/29/2016. (SWM)
January 28, 2016 Opinion or Order Filing 342 ORDER. Under the circumstances presented to the Court at this time, the discovery between Lilly and Arch shall be limited to the foreign law defense and arguments raised by Arch in its Motion for Judgment on the Pleadings. Therefore, Arch's #318 Motion to Stay Discovery is GRANTED in part and DENIED in part. Lilly's Motion for Leave to File a Surreply is GRANTED because it provides information regarding the breadth of discovery being requested by Arch after briefs on Arch's Motion to Stay had been completed. Arch's Motion for Oral Argument is DENIED because the parties have fully briefed the issues and the Court needs no further argument to clarify their positions. Signed by Judge Larry J. McKinney on 1/28/2016. (BGT)
January 27, 2016 Opinion or Order Filing 341 ORDER granting Plaintiffs' #339 Motion for Extension of the Non-Expert Discovery Deadline to 6/27/2016. Signed by Judge Larry J. McKinney on 1/27/2016. (BGT)
January 26, 2016 Opinion or Order Filing 340 Unopposed MOTION for Extension of Time to File Response to February 4, 2016 re #335 MOTION to Compel , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
January 25, 2016 Opinion or Order Filing 339 Unopposed MOTION for Extension of Time to 06/27/16 to Complete Non-Expert Discovery, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
January 11, 2016 Opinion or Order Filing 338 Plaintiffs' ANSWER to #321 Answer to ComplaintCounterclaim by Commercial Union n/k/a Lamorak Insurance Company, filed by All Plaintiffs.(Leagre, Ryan)
January 11, 2016 Opinion or Order Filing 337 AFFIDAVIT in Support of Motion re #335 MOTION to Compel , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - 1st Document Requests to Lilly US, #2 Exhibit 2 - 1st Document Requests to Lilly Brazil, #3 Exhibit 3 - Emails Regarding Extensions of Time, #4 Exhibit 4 - "Lilly's" Responses to 1st Document Requests, #5 Exhibit 5 - Saelinger Letter of 07/09/2015, #6 Exhibit 6 - Gotwald Letter of 07/22/2015, #7 Exhibit 7 - Arch Insurance's First Interrogatories to Lilly US, #8 Exhibit 8 - Arch Insurance's First Interrogatories to Lilly Brazil, #9 Exhibit 9 - Arch Specialty's First Interrogatories to Lilly US, #10 Exhibit 10 - 2nd Document Requests to Lilly US, #11 Exhibit 11 - 2nd Document Requests to Lilly Brazil, #12 Exhibit 12 - Emails Regarding Extension of Time, #13 Exhibit 13 - Gotwald Letter of 09/24/2015, #14 Exhibit 14 - Gotwald Letter of 10/30/2015, #15 Exhibit 15 - Gramke Letter of 11/13/2015, #16 Exhibit 16 - Examples of Cover Letters, #17 Exhibit 17 - Shadley Letter of 08/28/2015, #18 Exhibit 18 - Emails Regarding Sixth Production of Documents, #19 Exhibit 19 - Unanswered Follow Up Emails, #20 Exhibit 20 - Emails Regarding Phase I Exhibits)(Thomas, Joseph)
January 11, 2016 Opinion or Order Filing 336 BRIEF/MEMORANDUM in Support re #335 MOTION to Compel , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
January 11, 2016 Opinion or Order Filing 335 MOTION to Compel , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
December 31, 2015 Opinion or Order Filing 334 ORDER granting Plaintiffs' #329 Motion for Extension of Time to File Response to 2/1/2016 re #309 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and/or MOTION for Summary Judgment. Signed by Judge Larry J. McKinney on 12/31/2015. (BGT)
December 29, 2015 Opinion or Order Filing 333 RESPONSE in Opposition re #332 MOTION for Leave to File Surreply to Arch's Motion for Stay , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
December 23, 2015 Opinion or Order Filing 332 MOTION for Leave to File Surreply to Arch's Motion for Stay, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A: Sur-Reply to Arch's Motion for Stay, #2 Text of Proposed Order)(Claflin, Jeffrey)
December 22, 2015 Opinion or Order Filing 331 Surreply re #318 MOTION to Stay Discovery , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A: Discovery Requests)(Claflin, Jeffrey)
December 22, 2015 Opinion or Order Filing 330 NOTICE of Change of Address, filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY (Thompson, Melisa)
December 21, 2015 Opinion or Order Filing 329 MOTION for Extension of Time to File Response to February 1, 2016 re #309 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and/or MOTION for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
December 18, 2015 Opinion or Order Filing 328 ANSWER to Complaint Second Amedned Complaint [Doc# 289], filed by WESTCHESTER SURPLUS LINES INSURANCE CO..(Enerson, Wendy)
December 18, 2015 Opinion or Order Filing 327 RSUI Indemnity Company's ANSWER to Complaint Answer and Affirmative Defenses to Plaintiff's Second Amended Complaint, filed by RSUI INDEMNITY COMPANY.(Nadeau, Christopher)
December 18, 2015 Opinion or Order Filing 326 MOTION for Oral Argument, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
December 18, 2015 Opinion or Order Filing 325 REPLY in Support of Motion re #318 MOTION to Stay Discovery , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Original Rule 30(b)(6) Notices, #2 Exhibit B - Amended Rule 30(b)(6) Notice)(Thomas, Joseph)
December 18, 2015 Opinion or Order Filing 324 Endurance American Specialty Insurance Co.'s ANSWER to Complaint Plaintiffs' Second Amended Complaint, filed by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY.(Thompson, Melisa)
December 18, 2015 Opinion or Order Filing 323 Affirmative Defenses and ANSWER to Complaint Plaintiffs' Second Amended Complaint, filed by XL INSURANCE AMERICA, INC..(Temple, David)
December 18, 2015 Opinion or Order Filing 322 ANSWER to Plaintiffs' Second Amended Complaint, filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Kamplain, Bruce)
December 17, 2015 Opinion or Order Filing 321 ANSWER to Complaint , COUNTERCLAIM against All Plaintiffs, filed by COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY.(Spevacek, Charles)
December 11, 2015 Opinion or Order Filing 320 RESPONSE in Opposition re #318 MOTION to Stay Discovery , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Claflin, Jeffrey)
December 9, 2015 Opinion or Order Filing 319 BRIEF/MEMORANDUM in Support re #318 MOTION to Stay Discovery , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
December 9, 2015 Opinion or Order Filing 318 MOTION to Stay Discovery, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Thomas, Joseph)
December 9, 2015 Opinion or Order Filing 317 ORDER ON PLAINTIFFS' #313 MOTION FOR EXTENSION OF TIME. Plaintiffs Eli Lilly and Company and Lilly do Brasil, LTDA (collectively, "Lilly"), has moved for a ninety-day extension of time, through and including February 18, 2016, in which to respond to Defendants', Arch Insurance Company and Arch Specialty Insurance Company (collectively, "Arch's"), Motion for Judgment on the Pleadings, Notice of Application of Foreign Law and Motion for Leave to Assert Additional Defenses (Arch's motions, collectively, "Arch's Motions;" Lilly's motion "Motion for Time"). Dkt. No. 313. Arch opposed the Motion for Time and it was fully briefed. Dkt. Nos. 315 & 316. The Court, being duly advised, hereby GRANTS the Motion for Time, Dkt. No. 313. Lilly shall have through and including February 18, 2016, in which to respond to Arch's Motions, Dkt. Nos. 297, 301 & 302. Signed by Judge Larry J. McKinney on 12/9/2015. (BGT)
December 8, 2015 Opinion or Order Filing 316 REPLY in Support of Motion re #313 MOTION for Extension of Time to File Response to 2/18/16 re #302 MOTION for Judgment on the Pleadings , #297 MOTION for Leave to Assert Additional Defenses in Their Answers to Plaintiffs' Second Amended Complaint, Instanter< , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A: Email)(Claflin, Jeffrey)
December 7, 2015 Opinion or Order Filing 315 RESPONSE in Opposition re #313 MOTION for Extension of Time to File Response to 2/18/16 re #302 MOTION for Judgment on the Pleadings , #297 MOTION for Leave to Assert Additional Defenses in Their Answers to Plaintiffs' Second Amended Complaint, Instanter< , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
December 4, 2015 Opinion or Order Filing 314 MOTION to Maintain Document Under Seal #305 SEALED Document Exhibit D to the Declaration of Megan B. Gramke, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
December 4, 2015 Opinion or Order Filing 313 MOTION for Extension of Time to File Response to 2/18/16 re #302 MOTION for Judgment on the Pleadings , #297 MOTION for Leave to Assert Additional Defenses in Their Answers to Plaintiffs' Second Amended Complaint, Instanter and #301 NOTICE of Application of Foreign Law, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A: Email, #2 Exhibit B: Email, #3 Exhibit C: Email, #4 Exhibit D: Email, #5 Exhibit E: Notice Letter & Attachment, #6 Exhibit F: Letter from Arch, #7 Text of Proposed Order)(Claflin, Jeffrey)
December 3, 2015 Opinion or Order Filing 312 MOTION to Maintain Document Under Seal #310 SEALED Document MEMORANDUM IN SUPPORT OF MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT, filed by Defendants LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY. (Thompson, Michael)
December 3, 2015 Opinion or Order Filing 311 REDACTION to #309 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and/or MOTION for Summary Judgment , #310 SEALED Document MEMORANDUM IN SUPPORT by LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Site Characterization Report, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Judgment, #7 Exhibit 7 - Policy RG2-641-005088-023, #8 Exhibit 8 - Policy TB2-641-005088-027, #9 Exhibit 9 - Policy EB1-641-005088-096, #10 Exhibit 10 - Policy EB1-641-005088-098, #11 Exhibit 11 - Policy WA7-64D-005088-056, #12 Exhibit 12 - Policy EH1-641-005088-086, #13 Exhibit 13 - Policy EH1-641-005088-088, #14 Affidavit of Carl P. Brigada, Jr.)(Thompson, Michael)
December 3, 2015 Opinion or Order Filing 310 ***MAINTAINED UNDER SEAL PER DKT. #419 ORDER*** SEALED MEMORANDUM IN SUPPORT, re #309 Motion to Dismiss for Failure to State a ClaimMotion for Summary Judgment, filed by Defendants LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Sealed Exhibit, #2 Exhibit 2 - Site Characterization Report, #3 Exhibit 3 - Sealed Exhibit, #4 Exhibit 4 - Sealed Exhibit, #5 Exhibit 5 - Sealed Exhibit, #6 Exhibit 6 - Judgment, #7 Exhibit 7 - Policy RG2-641-005088-023, #8 Exhibit 8 - Policy TB2-641-005088-027, #9 Exhibit 9 - Policy EB1-641-005088-096, #10 Exhibit 10 - Policy EB1-641-005088-098, #11 Exhibit 11 - Policy WA7-64D-005088-056, #12 Exhibit 12 - Policy EH1-641-005088-086, #13 Exhibit 13 - EH1-641-005088-088, #14 Affidavit of Carl P. Brigada, Jr.)(Thompson, Michael) Modified on 4/8/2016 (BGT).
December 3, 2015 Opinion or Order Filing 309 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and/or (), MOTION for Summary Judgment (), filed by Defendants LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY. (Thompson, Michael)
November 25, 2015 Opinion or Order Filing 308 NOTICE of Application of Foreign Law (Supplemental), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY, re #301 Notice (Other). (Attachments: #1 Exhibit JLT Brazil Statement, #2 Exhibit Decree Law 73/1966) (Thomas, Joseph)
November 24, 2015 Opinion or Order Filing 307 ENTRY-marginal-Defendants motion to maintain exhibit under seal shall remain under advisement (see marginal entry). Signed by Magistrate Judge Tim A. Baker on 11/24/2015.(CBU)
November 20, 2015 Opinion or Order Filing 306 MOTION to Maintain Document Under Seal #305 SEALED Document Exhibit D to Declaration of Megan B. Gramke, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Proposed Order)(Thomas, Joseph)
November 20, 2015 Opinion or Order Filing 305 ***MAINTAINED UNDER SEAL PER DKT. #410 AND #411 ORDERS*** SEALED Document - Exhibit D to Declaration of Megan B. Gramke, re #304 Declaration, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph) Modified on 4/4/2016 (BGT). Modified on 4/4/2016 (BGT).
November 20, 2015 Opinion or Order Filing 304 DECLARATION of Megan B. Gramke re #301 Notice (Other), #302 Motion for Judgment on the Pleadings, #297 Motion (Other) by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - 07/22/2015 Gotwald Letter, #2 Exhibit B - Six Portuguese Policies, #3 Exhibit C (Part 1) - English Translations, #4 Exhibit C (Part 2) - English Translations, #5 Exhibit D - Redacted Document, #6 Exhibit E - Arch Policy, #7 Exhibit F - 04/15/2013 Gotwald Letter, #8 Exhibit G - 2003 to 2006 Liberty Mutual Policy, #9 Exhibit H - 2006 to 2007 Liberty Mutual Policy, #10 Exhibit I - 2007 to 2008 Liberty Mutual Policy, #11 Exhibit J - 2008 to 2009 Liberty Mutual Policy, #12 Exhibit K - 2009 to 2010 Liberty Mutual Policy, #13 Exhibit L - 2010 to 2011 Liberty Mutual Policy, #14 Exhibit M - 2011 to 2012 Liberty Mutual Policy, #15 Exhibit N - 2012 to 2013 Liberty Mutual Policy, #16 Exhibit 0 - 2013 to 2014 Liberty Mutual Policy)(Thomas, Joseph)
November 20, 2015 Opinion or Order Filing 303 BRIEF/MEMORANDUM in Support re #302 MOTION for Judgment on the Pleadings , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A (Part 1) - Tzirulnik Declaration, #2 Exhibit A (Part 2) - Tzirulnik Declaration, #3 Exhibit A (Part 3) - Tzirulnik Declaration, #4 Exhibit A (Part 4) - Tzirulnik Declaration, #5 Exhibit A (Part 5) - Tzirulnik Declaration, #6 Exhibit A (Part 6) - Tzirulnik Declaration, #7 Exhibit A (Part 7) - Tzirulnik Declaration, #8 Exhibit B - DeToledo Declaration, #9 Exhibit C - SUSEP Letter)(Thomas, Joseph)
November 20, 2015 Opinion or Order Filing 302 MOTION for Judgment on the Pleadings , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
November 20, 2015 Opinion or Order Filing 301 NOTICE of Application of Foreign Law, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY (Attachments: #1 Exhibit A (Part 1) - Tzirulnik Declaration, #2 Exhibit A (Part 2) - Tzirulnik Declaration, #3 Exhibit A (Part 3) - Tzirulnik Declaration, #4 Exhibit A (Part 4) - Tzirulnik Declaration, #5 Exhibit A (Part 5) - Tzirulnik Declaration, #6 Exhibit A (Part 6) - Tzirulnik Declaration, #7 Exhibit A (Part 7) - Tzirulnik Declaration, #8 Exhibit B - DeToledo Declaration, #9 Exhibit C - SUSEP Letter) (Thomas, Joseph)
November 20, 2015 Opinion or Order Filing 300 ANSWER to Second Amended Complaint, filed by Defendant ARCH INSURANCE COMPANY. (Attachments: #1 Exhibit A (Part 1) - Tzirulnik Declaration, #2 Exhibit A (Part 2) - Tzirulnik Declaration, #3 Exhibit A (Part 3) - Tzirulnik Declaration, #4 Exhibit A (Part 4) - Tzirulnik Declaration, #5 Exhibit A (Part 5) - Tzirulnik Declaration, #6 Exhibit A (Part 6) - Tzirulnik Declaration, #7 Exhibit A (Part 7) - Tzirulnik Declaration, #8 Exhibit B - DeToledo Declaration, #9 Exhibit C - 4/15/2013 Gotwald Letter)(Thomas, Joseph)
November 20, 2015 Opinion or Order Filing 299 ANSWER to Second Amended Complaint, filed by Defendant ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A (Part 1) - Tzirulnik Declaration, #2 Exhibit A (Part 2) - Tzirulnik Declaration, #3 Exhibit A (Part 3) - Tzirulnik Declaration, #4 Exhibit A (Part 4) - Tzirulnik Declaration, #5 Exhibit A (Part 5) - Tzirulnik Declaration, #6 Exhibit A (Part 6) - Tzirulnik Declaration, #7 Exhibit A (Part 7) - Tzirulnik Declaration, #8 Exhibit B - DeToledo Declaration, #9 Exhibit C - 4/15/2013 Gotwald Letter)(Thomas, Joseph)
November 20, 2015 Opinion or Order Filing 298 BRIEF/MEMORANDUM in Support re #297 MOTION for Leave to Assert Additional Defenses in Their Answers to Plaintiffs' Second Amended Complaint, Instanter , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
November 20, 2015 Opinion or Order Filing 297 MOTION for Leave to Assert Additional Defenses in Their Answers to Plaintiffs' Second Amended Complaint, Instanter, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Proposed Order)(Thomas, Joseph)
November 19, 2015 Opinion or Order Filing 296 ORDER granting Defendants' #295 Motion for Extension of Time to 12/18/2015 within which to file their response to Plaintiffs' Second Amended Complaint and Jury Demand. Signed by Judge Larry J. McKinney on 11/19/2015. (BGT)
November 17, 2015 Opinion or Order Filing 295 Second MOTION for Extension of Time to December 18, 2015 in which to Answer Complaint, filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC. (Attachments: #1 Text of Proposed Order) (Kamplain, Bruce) Modified on 11/18/2015 (BGT).
November 10, 2015 Opinion or Order Filing 294 DISCOVERY ORDER: The parties appeared by counsel November 9, 2015, for a telephonic status conference to address a discovery dispute regarding the allocation of time for a deposition. Plaintiff has subpoenaed non-party Les Ross for a November 11 deposition in San Francisco. Defendant Arch Insurance Company (and perhaps other Defendants) recently asked Plaintiff if they couldbe allotted some of the presumptive seven hours of deposition time set aside for Ross's deposition. Plaintiff objected to doing so. The Court upheld Plaintiff's objection (SEE ORDER FOR DETAILS). Signed by Magistrate Judge Tim A. Baker. (SWM)
October 21, 2015 Opinion or Order Filing 293 ORDER granting Defendants' #292 Agreed Motion for Extension of Time to 11/20/2015 within which to file their response to Plaintiffs' Second Amended Complaint and Jury Demand. Signed by Judge Larry J. McKinney on 10/21/2015. (BGT)
October 19, 2015 Opinion or Order Filing 292 Agreed MOTION for Extension of Time for Defendants to Respond to Plaintiffs' Second Amended Complaint, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY, COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY, ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY, RSUI INDEMNITY COMPANY, WESTCHESTER SURPLUS LINES INSURANCE CO., XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order) (Harkness, Scott) Modified on 10/20/2015 (BGT).
October 7, 2015 Opinion or Order Filing 291 REDACTION Second Amended Complaint and Exhibits by ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - List of Citizen Actions, #2 Exhibit B - Public Civil Action Complaint (English Translation), #3 Exhibit C - Public Civil Action Judgment (English Translation), #4 Exhibit D - List of Excess Insurance Policies, #5 Exhibit E-1 - Arch Specialty Insurance Company Policy #72UFP1326601, #6 Exhibit E-2 - RSUI Indemnity Company Policy #NHA210769, #7 Exhibit E-3 - Liberty Insurance Underwriters, Inc. Policy #LQ1-B71-181395-014, #8 Exhibit E-4 - XL Insurance Policy #US00007658L104A, #9 Exhibit E-5 - Westchester Surplus Lines Insurance Company Policy #G2405173001, #10 Exhibit E-6 - Endurance American Specialty Insurance Policy #ELD10001178200, #11 Exhibit F - Arch Claim Denial Letter, Oct. 7, 2013, #12 Exhibit G - Filed Under Seal, #13 Exhibit H - Affidavit of Mark A. Saltsgaver, #14 Exhibit I - Affidavit of Ian S. Pettman, #15 Exhibit J - Affidavit of Mike Brown, #16 Exhibit K through K-64 - Filed Under Seal, #17 Exhibit L through GG - Filed Under Seal)(Leagre, Ryan)
October 7, 2015 Opinion or Order Filing 290 MOTION to Maintain Document Under Seal #289 SEALED Document Second Amended Complaint and Exhibits, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
October 7, 2015 Opinion or Order Filing 289 ***MAINTAINED UNDER SEAL PER DKT. #409 ORDER*** SEALED Second Amended Complaint and Exhibits, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Cover Sheet, #2 Exhibit List, #3 Exhibit A - List of Citizen Actions, #4 Exhibit B - Public Civil Action Complaint (English Translation), #5 Exhibit C - Public Civil Action Judgment (English Translation), #6 Exhibit D - List of Excess Insurance Policies, #7 Exhibit E-1 - Arch Specialty Insurance Company #72UFP1326601, #8 Exhibit E-2 - RSUI Indemnity Company Policy #NHA210769, #9 Exhibit E-3 - Liberty Insurance Underwriters, Inc. Policy #LQ1-B71-181395-014, #10 Exhibit E-4 - XL Insurance Policy #US00007658L104A, #11 Exhibit E-5 - Westchester Surplus Lines Insurance Company Policy #G2405173001, #12 Exhibit E-6 - Endurance American Specialty Insurance Policy #ELD10001178200, #13 Exhibit F - Arch Claim Denial Letter, October 7, 2013, #14 Exhibit G - Eli Lilly and Lilly do Brasil Agreement, January 1, 1995, #15 Exhibit H - Affidavit of Mark A. Saltsgaver, #16 Exhibit I - Affidavit of Ian S. Pettman, #17 Exhibit J - Affidavit of Mike Brown, #18 Exhibit K - Affidavit of Allan R. Borgersen, #19 Exhibit K-1 - Borgersen abbreviated Curriculum Vitae, #20 Exhibit K-2 - Lilly 2003 Insurance Application, #21 Exhibit K-3 - Lilly Form 10-K, Dec. 31, 2001, #22 Exhibit K-4 - Lilly Form 10-Q, Mar. 31, 2002, #23 Exhibit K-5 - Lilly Form 10-Q, June 30, 2002, #24 Exhibit K-6 - Lilly Form 10-Q, Sep. 30, 2002, #25 Exhibit K-7 - Dec. 11, 2002 email from Borgersen to Drain, #26 Exhibit K-8 - Dec. 17, 2002 fax from Drain to Borgersen, #27 Exhibit K-9 - Dec. 17, 2002 email from Drain to Borgersen, #28 Exhibit K-10 - Dec. 19, 2002 email from Borgersen to Drain, #29 Exhibit K-11 - Dec. 19, 2002 fax from Drain to Borgersen, #30 Exhibit K-12 - Dec. 21, 2002 email from Ross to Borgersen, #31 Exhibit K-13 - Dec. 30, 2002 email from Drain to Borgersen, #32 Exhibit K-14 - Dec. 30, 2002 email from Ross to Borgersen, #33 Exhibit K-15 - Dec. 30, 2002 fax from Borgersen to Ross and Touchstone, #34 Exhibit K-16 - Dec. 30, 2002 fax from Borgersen to Drain, #35 Exhibit K-17 - Dec. 31, 2002 email from Drain to Borgersen, #36 Exhibit K-18 - May 23, 2003 email from Drain to McBride, #37 Exhibit K-19 - Oct. 29, 2003 email from Borgersen to Pettman, #38 Exhibit K-20 - Lilly 2004 Insurance Application, #39 Exhibit K-21 - Nov. 13, 2003 memo from Borgersen to Pettman, #40 Exhibit K-22 - Dec. 2, 2003 memo from Borgersen to Ross, #41 Exhibit K-23 - Dec. 22, 2003 email from Drain to Borgersen, #42 Exhibit K-24 - Dec. 18, 2003 email from Ross to Pettman, #43 Exhibit K-25 - Dec. 30, 2003 email from Drain to Pettman, #44 Exhibit K-26 - Jan. 17, 2004 email from Borgersen to Pettman, #45 Exhibit K-27 - June 28, 2004 email from Ross to Borgersen, #46 Exhibit K-28 - Dec. 6, 2004 email from Ross to Borgersen, #47 Exhibit K-29 - Nov. 30, 2004 letter from Ross to Pettman, #48 Exhibit K-30 - Dec. 28, 2004 email from Ross to Borgersen, #49 Exhibit K-31 - Feb. 11, 2005 email from Ross to Borgersen, #50 Exhibit K-32 - Endorsement Changes from June 15, 2009, #51 Exhibit K-33 - Nov. 8, 2006 fax from Pettman to Borgersen, #52 Exhibit K-34 - Nov. 8, 2007 email from Borgersen to Pettman, #53 Exhibit K-35 - Nov. 12, 2007 email from Pettman to Borgersen, #54 Exhibit K-36 - Nov. 19, 2007 email from Pettman to Ross, #55 Exhibit K-37 - Nov. 20, 2007 email from Borgersen to Ross and Pettman, #56 Exhibit K-38 - Nov. 19, 2007 email from Ross to Pettman, #57 Exhibit K-39 - Nov. 28, 2007 email from Borgersen to Pettman, #58 Exhibit K-40 - Dec. 3, 2007 email from Pettman to Borgersen, #59 Exhibit K-41 - Dec. 4, 2007 email from Ross to Borgersen, #60 Exhibit K-42 - Feb. 12, 2008 email from Pettman to Ross, #61 Exhibit K-43 - Nov. 11, 2008 email from Pettman to Borgersen, #62 Exhibit K-44 - Nov. 18, 2008 email from Pettman to Ross, #63 Exhibit K-45 - Dec. 30, 2008 email from Ross to Borgersen, #64 Exhibit K-46 - Jan. 14, 2009 email from Pettman to Borgersen, #65 Exhibit K-47 - Jan. 20, 2009 email from Ross to Pettman, #66 Exhibit K-48 - Jan. 22, 2009 email from Borgersen to Ross and Pettman, #67 Exhibit K-49 - Feb. 18, 2009 email from Pettman to Borgersen, #68 Exhibit K-50 - Feb. 18, 2009 email from Borgersen to Ross, #69 Exhibit K-51 - Feb. 27, 2009 email from Pettman to Borgersen, #70 Exhibit K-52 - Feb. 27, 2009 email from Pettman to Ross, #71 Exhibit K-53 - Mar. 2, 2009 email from Ross to Pettman, #72 Exhibit K-54 - Nov. 20, 2009 email from Pettman to Ross, #73 Exhibit K-55 - Dec. 1, 2009 email from Ross to Pettman, #74 Exhibit K-56 - Dec. 16, 2009 email from Pettman to Ross, #75 Exhibit K-57 - Dec. 16, 2009 email from Ross to Pettman, #76 Exhibit K-58 - July 15, 2011 email from Borgersen to Carbajal and Pettman, #77 Exhibit K-59 - Aug. 9, 2010 email from Pettman to Ross, #78 Exhibit K-60 - Aug. 9, 2010 email from Pettman to Borgersen, #79 Exhibit K-61 - Sep. 23, 2010 email from Brettler to Borgersen and Garrison, #80 Exhibit K-62 - Nov. 16, 2010 email from Pettman to Brettler, Garrison, and Borgersen, #81 Exhibit K-63 - Lilly 2013 Insurance Application, #82 Exhibit K-64 - Apr. 10, 2014 email from Borgersen to Pettman, #83 Exhibit L - Dec. 31, 2002 email from Ross to Touchstone, #84 Exhibit M - Dec. 31, 2002 email from Touchstone to Ross, #85 Exhibit N - Dec. 17, 2004 email from Touchstone to Schumacher, #86 Exhibit O - Dec. 18, 2002 email from Ross to Touchstone, #87 Exhibit P - Dec. 10, 2003 Arch Risk Analysis Worksheet, #88 Exhibit Q - Nov. 4, 2005 Arch Risk Analysis Worksheet, #89 Exhibit R - Dec. 2, 2003 LIU Exposures, #90 Exhibit S - Dec. 3, 2003 Lilly OUS General Liability Claims Loss Information, #91 Exhibit T - Eli Lilly Facilities Website Print 2005, #92 Exhibit U - Nov. 15, 2006 email from Ross to Acton, #93 Exhibit V - Note to File re Primary Premium Development, #94 Exhibit W - Dec. 9, 2003 email from Ross to Newlin, #95 Exhibit X - Dec. 2, 2003 Portion of Lilly 2004-2005 Insurance Application, #96 Exhibit Y - Apr. 12, 2005 email from Ross to Newlin, #97 Exhibit Z - Portion of Lilly 2006 Insurance Application, #98 Exhibit AA - Screenshot of Edit Policy for 2007-2008, #99 Exhibit BB - Dec. 5, 2007 email from Ross to Pardo, #100 Exhibit CC - Dec. 6, 2007 email from Amodeo to Pardo, #101 Exhibit DD - Dec. 2, 2008 Anzore to Andrighetto, #102 Exhibit EE - Handwritten Notes re Lilly, #103 Exhibit FF - Endurance 2009 Risk Summary, #104 Exhibit GG - Nov. 20, 2008 email from Prewett to Needle) (Leagre, Ryan) Modified on 4/4/2016 (BGT). Modified on 7/10/2017 (GSO).
September 29, 2015 Opinion or Order Filing 288 ORDER granting Plaintiffs' #287 Motion for Extension of Time to 10/7/2015 in which to file an amended complaint. Signed by Judge Larry J. McKinney on 9/29/2015. (BGT)
September 27, 2015 Opinion or Order Filing 287 First MOTION for Extension of Time to October 7, 2015 to file an amended complaint, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Gotwald, Gregory)
September 9, 2015 Opinion or Order Filing 286 ORDER ON MOTIONS TO DISMISS. The Court GRANTS the moving Defendants', Liberty Insurance Underwriters Inc., Commercial Union Insurance Company, Inc. l/k/a OneBeacon America Insurance Company, n/k/a Lamorak Insurance Company, Endurance American Specialty Insurance Company, RSUI Indemnity Company and Westchester Surplus Lines Insurance Co., Motions to Dismiss Count III of Plaintiffs', Eli Lilly and Company and Eli Lilly do Brasil Ltds., First Amended Complaint. Dkt. Nos. 229, 234, 235, 241 & 242. Count III is hereby DISMISSED without prejudice and with leave to amend. Plaintiffs Eli Lilly and Company and Eli Lilly do Brasil Ltds. shall have 21 days from the date of this Order to file a Second Amended Complaint if they wish to do so. SEE ORDER. Signed by Judge Larry J. McKinney on 9/9/2015. (BGT)
August 25, 2015 Opinion or Order Filing 285 REPLY in Support of Motion re #242 MOTION for Joinder to Liberty Insurance Underwriters, Inc.'s Motion to Dismis Count III of Plaintiffs' First Amended Complaint , filed by Defendant RSUI INDEMNITY COMPANY. (Nadeau, Christopher)
August 25, 2015 Opinion or Order Filing 284 REPLY in Support of Motion re #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III of Plaintiffs' Amended Complaint, #235 MOTION for Joinder to Defendant Liberty Insurance Underwriters, Inc.'s Motion to Dismiss Count III of Plaintiffs' First Amended Complaint , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Spevacek, Charles)
August 24, 2015 Opinion or Order Filing 283 REPLY in Support of Motion re #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III of Plaintiffs' Amended Complaint , filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Kamplain, Bruce)
August 12, 2015 Opinion or Order Filing 282 ORDER withdrawing w/o prejudice Lilly's #245 Motion to Compel; granting Lilly's #281 Motion to Withdraw Dkt. Number 245. Signed by Magistrate Judge Tim A. Baker on 8/12/2015. (SWM)
August 6, 2015 Opinion or Order Filing 281 MOTION to Withdraw #245 First MOTION to Compel Discovery Responses from Arch , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
July 30, 2015 Opinion or Order Filing 280 ORDER granting RSUI's #278 Motion for Extension of Time to 8/28/2015 within which to file its Joinder to the Reply Brief in further support of the Motion to Dismiss Count III of Plaintiffs' First Amended Complaint. Signed by Judge Larry J. McKinney on 7/30/2015. (BGT)
July 30, 2015 Opinion or Order Filing 279 ORDER granting Defendant's #277 Motion for Extension of Time to File Reply to 8/28/2015 re #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III of Plaintiffs' Amended Complaint. Signed by Judge Larry J. McKinney on 7/30/2015. (BGT)
July 28, 2015 Opinion or Order Filing 278 MOTION for Extension of Time to File Reply to August 28, 2015 re #242 MOTION for Joinder to Liberty Insurance Underwriters, Inc.'s Motion to Dismis Count III of Plaintiffs' First Amended Complaint , filed by Defendant RSUI INDEMNITY COMPANY. (Attachments: #1 Text of Proposed Order)(Nadeau, Christopher)
July 28, 2015 Opinion or Order Filing 277 MOTION for Extension of Time to File Reply to August 28, 2015 re #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III of Plaintiffs' Amended Complaint, #235 MOTION for Joinder to Defendant Liberty Insurance Underwriters, Inc.'s Motion to Dismiss Count III of Plaintiffs' First Amended Complaint , filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order) (Harkness, Scott)
July 23, 2015 Opinion or Order Filing 276 ORDER granting Defendant's #275 Motion for Extension of Time to File Reply to 8/28/2015 re #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III of Plaintiffs' Amended Complaint. Signed by Judge Larry J. McKinney on 7/23/2015. (BGT)
July 23, 2015 Opinion or Order Filing 275 MOTION for Extension of Time to File Reply to August 28, 2015 re #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III of Plaintiffs' Amended Complaint , filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Attachments: #1 Text of Proposed Order)(Kamplain, Bruce)
July 23, 2015 Opinion or Order Filing 274 Exhibit List [Preliminary], filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Kamplain, Bruce)
July 23, 2015 Opinion or Order Filing 273 Witness List [Preliminary], filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Kamplain, Bruce)
July 22, 2015 Opinion or Order Filing 272 RESPONSE in Opposition re #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III of Plaintiffs' Amended Complaint , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Plews, George)
July 21, 2015 Opinion or Order Filing 271 SUPPLEMENTAL JOINT AGREED PROTECTIVE ORDER #270 APPROVED. Signed by Magistrate Judge Tim A. Baker on 7/21/2015.(SWM)
July 17, 2015 Opinion or Order Filing 270 Submission of Supplemental Joint Agreed Protective Order, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Supplemental Joint Agreed Protective Order)(Leagre, Ryan) Modified on 7/18/2015 (BGT).
June 26, 2015 Opinion or Order Filing 269 NOTICE of Service of Preliminary Witness and Exhibit List, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA (Leagre, Ryan)
June 22, 2015 Opinion or Order Filing 268 STATUS REPORT (Joint) by All Plaintiffs. (Leagre, Ryan)
June 15, 2015 Opinion or Order Filing 267 NOTICE of Service of Discovery Responses, filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC., re #263 Status Report. (Kamplain, Bruce)
June 11, 2015 Opinion or Order Filing 266 Corporate Disclosure Statement by ELI LILLY DO BRASIL LTDA identifying Corporate Parent ELI LILLY AND COMPANY, Corporate Parent Eli Lilly Interamerica Inc., Corporate Parent ELCO Management Inc. for ELI LILLY DO BRASIL LTDA.. (Leagre, Ryan)
June 11, 2015 Opinion or Order Filing 265 Corporate Disclosure Statement by ELI LILLY AND COMPANY. (Leagre, Ryan)
June 10, 2015 Opinion or Order Filing 264 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Wendy N. Enerson hereby notifies the Clerk of the court of changed contact information. Change of Address (Enerson, Wendy)
May 29, 2015 Opinion or Order Filing 263 STATUS REPORT (Joint) by All Plaintiffs. (Connor, Colin)
May 18, 2015 Opinion or Order Filing 262 MINUTE ORDER Telephonic Status Conference held on 5/15/2015 before Magistrate Judge Tim A. Baker. Discussion held regarding discovery, settlement, and related matters. The parties shall file a status report by 5/29/2015 regarding: (1) what, if anything, remains in dispute in Lilly's pending motion to compel #245 ; and (2) how much time Lilly believes it needs to respond to the pending motion to dismiss. The deadline to respond to the pending motion to dismiss remains stayed. Signed by Magistrate Judge Tim A. Baker. (BAS)
May 11, 2015 Opinion or Order Filing 261 REPLY in Support of Motion re #245 First MOTION to Compel Discovery Responses from Arch , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A, #2 Exhibit B)(Connor, Colin)
May 7, 2015 Opinion or Order Filing 258 ORDER. This cause remains set for a telephonic status conference to at 10 a.m. on May 15, 2015. Parties shall participate in this conference by counsel, who shall be connected to the AT&T conference line no later than 9:55 a.m. Counsel of record will be contacted via the Court's CM/ECF system with instructions on how to access this call. The purpose of this conference is to address case management and status, as well as Plaintiffs' motion to extend deadline to respond to Defendants' motion to dismiss [Filing No. 255]. Signed by Magistrate Judge Tim A. Baker on 5/7/2015. (BGT)
May 6, 2015 Opinion or Order Filing 260 ORDER granting #255 Motion for Extension of Time. Accordingly, Lilly's deadline to respond to the motion to dismiss is stayed pending further input from counsel at the May 15, 2015, status conference. Signed by Magistrate Judge Tim A. Baker on 5/6/2015. (DW) Modified on 5/8/2015 (BGT).
May 6, 2015 Opinion or Order Filing 257 ORDER granting #256 Motion to Appear pro hac vice. Attorney Megan B. Gramke for ARCH INSURANCE COMPANY and ARCH SPECIALTY INSURANCE COMPANY added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Megan B. Gramke via US Mail. Signed by Judge Larry J. McKinney on 5/6/2015. (SWM)
May 5, 2015 Opinion or Order Filing 256 MOTION for Attorney(s) Megan B. Gramke to Appear pro hac vice (Filing fee $30, receipt number 0756-3450674), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Gramke Certification, #2 Exhibit B - Proposed Order)(Thomas, Joseph)
May 4, 2015 Opinion or Order Filing 255 MOTION for Extension of Time to File Response re #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III of Plaintiffs' Amended Complaint , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
May 1, 2015 Opinion or Order Filing 254 RESPONSE in Opposition re #245 First MOTION to Compel Discovery Responses from Arch , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
April 21, 2015 Opinion or Order Filing 253 ORDER granting #252 Motion for Extension of Time. IT IS ORDERED that the Motion should be GRANTED IN PART. Arch shall have an extension through and including May 1, 2015 to respond to plaintiffs' motion to compel. Signed by Magistrate Judge Tim A. Baker on 4/21/2015. (DW)
April 17, 2015 Opinion or Order Filing 252 MOTION for Extension of Time to File Response to May 18, 2015 re #245 First MOTION to Compel Discovery Responses from Arch , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Email Communication, #2 Exhibit Proposed Order)(Thomas, Joseph)
April 13, 2015 Opinion or Order Filing 251 Plaintiffs' ANSWER to #236 Answer to Amended ComplaintCounterclaim , filed by All Plaintiffs.(Connor, Colin)
April 7, 2015 Opinion or Order Filing 250 MARGINAL ENTRY re Plaintiffs' #247 Motion for time to conduct discovery in order to respond to Defendants' motion to dismiss. Motion granted to the extent that Plaintiff shall have until May 6, 2015, to respond to Defendant's motion to dismiss. To the extent Plaintiff believes Defendants' discovery responses are deficient, and the parties cannot resolve these issues, Plaintiff shall promptly request a conference with the Magistrate Judge to avoid further delaying briefing on the motion to dismiss. Signed by Magistrate Judge Tim A. Baker on 4/7/2015. (SWM)
April 3, 2015 Opinion or Order Filing 249 ANSWER to Complaint Amended Complaint [Document 213], filed by WESTCHESTER SURPLUS LINES INSURANCE CO..(Enerson, Wendy)
April 3, 2015 Opinion or Order Filing 248 BRIEF/MEMORANDUM in Support re #247 First MOTION for Extension of Time to File Response to 30 days after Defendants respond to Lilly's pending discovery requests re #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III of Plaintiffs' Amended Complaint , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - Lilly's First RFP, #2 Exhibit B - Lilly's First Interrogatories)(Leagre, Ryan)
April 3, 2015 Opinion or Order Filing 247 First MOTION for Extension of Time to File Response to 30 days after Defendants respond to Lilly's pending discovery requests re #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III of Plaintiffs' Amended Complaint , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
April 3, 2015 Opinion or Order Filing 246 BRIEF/MEMORANDUM in Support re #245 First MOTION to Compel Discovery Responses from Arch , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A - First RFP to Arch. Ins., #2 Exhibit B - First RFP to Arch Specialty, #3 Exhibit C - First Interrogatories to Arch Ins., #4 Exhibit D - First Interrogatories to Arch Specialty, #5 Exhibit E - Arch Response to Lilly's RFP, #6 Exhibit F - Arch Specialty Response to Lilly RFP, #7 Exhibit G - Arch Answers to Lilly's Interrogatories, #8 Exhibit H - Arch Specialty Answers to Lilly's Interrogatories, #9 Exhibit I - Feb. 9, 2015 Letter to Arch's counsel, #10 Exhibit J - Mar. 12, 2015 email to Arch's counsel, #11 Exhibit K - Oct. 7, 2013 Arch denial letter)(Leagre, Ryan)
April 3, 2015 Opinion or Order Filing 245 ***WITHDRAWN PER DKT. #282 ORDER*** First MOTION to Compel Discovery Responses from Arch, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan) Modified on 8/13/2015 (BGT).
March 23, 2015 Opinion or Order Filing 244 WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. WESTCHESTER SURPLUS LINES INSURANCE CO. waiver sent on 2/19/2015. (Leagre, Ryan)
March 20, 2015 Opinion or Order Filing 243 ANSWER to #213 Amended Complaint , filed by LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY.(Thompson, Michael)
March 20, 2015 Opinion or Order Filing 242 MOTION for Joinder to Liberty Insurance Underwriters, Inc.'s Motion to Dismis Count III of Plaintiffs' First Amended Complaint, filed by Defendant RSUI INDEMNITY COMPANY. (Nadeau, Christopher)
March 20, 2015 Opinion or Order Filing 241 MOTION for Joinder to Liberty Insurance Underwriters, Inc.'s Motion to Dismiss [Document 229], filed by Defendant WESTCHESTER SURPLUS LINES INSURANCE CO.. (Enerson, Wendy)
March 20, 2015 Opinion or Order Filing 240 Answer and Affirmative Defenses ANSWER to #213 Amended Complaint , filed by RSUI INDEMNITY COMPANY.(Nadeau, Christopher)
March 20, 2015 Opinion or Order Filing 239 ANSWER to #213 Amended Complaint And Affirmative Defenses, filed by XL INSURANCE AMERICA, INC..(Temple, David)
March 20, 2015 Opinion or Order Filing 238 Corporate Disclosure Statement by COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Spevacek, Charles)
March 20, 2015 Opinion or Order Filing 237 NOTICE of Corporate Name Change, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY (Spevacek, Charles)
March 20, 2015 Opinion or Order Filing 236 ANSWER to #213 Amended Complaint , COUNTERCLAIM against ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA, filed by COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY.(Spevacek, Charles)
March 20, 2015 Opinion or Order Filing 235 MOTION for Joinder to Defendant Liberty Insurance Underwriters, Inc.'s Motion to Dismiss Count III of Plaintiffs' First Amended Complaint, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Attachments: #1 Declaration of Michael P. McNamee, #2 Exhibit A - Policy Number CI 9902-221, #3 Exhibit B - Policy Number CI R682765)(Spevacek, Charles)
March 20, 2015 Opinion or Order Filing 234 Joint MOTION to Dismiss Count III of First Amended Complaint, filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Thompson, Melisa) Modified on 3/23/2015 (BGT).
March 20, 2015 Opinion or Order Filing 233 ANSWER to #213 Amended Complaint , filed by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY.(Thompson, Melisa)
March 20, 2015 Opinion or Order Filing 232 ANSWER to #213 Amended Complaint , filed by ARCH SPECIALTY INSURANCE COMPANY.(Thomas, Joseph)
March 20, 2015 Opinion or Order Filing 231 ANSWER to #213 Amended Complaint , filed by ARCH INSURANCE COMPANY.(Thomas, Joseph)
March 20, 2015 Opinion or Order Filing 230 BRIEF/MEMORANDUM in Support re #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III of Plaintiffs' Amended Complaint , filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Kamplain, Bruce)
March 20, 2015 Opinion or Order Filing 229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Count III of Plaintiffs' Amended Complaint, filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Kamplain, Bruce)
March 20, 2015 Opinion or Order Filing 228 ANSWER to #213 Amended Complaint , filed by LIBERTY INSURANCE UNDERWRITERS INC..(Kamplain, Bruce)
March 3, 2015 Opinion or Order Filing 227 PROTECTIVE ORDER #226 Approved, provided that any request to file documents under seal shall be made by motion and supported by good cause. Signed by Magistrate Judge Tim A. Baker on 3/3/2015.(SWM)
March 2, 2015 Opinion or Order Filing 226 Submission (Agreed) of Proposed Protective Order, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A) (Connor, Colin) Modified on 3/3/2015 (BGT).
February 26, 2015 Opinion or Order Filing 225 MARGINAL ENTRY approving Attorney Mark W. Zimmerman's #198 Notice of Withdrawal of Appearance for Defendants Arch Insurance Company and Arch Specialty Insurance Company. Attorney Mark W. Zimmerman terminated. Signed by Judge Larry J. McKinney on 2/26/2015. (BGT)
February 26, 2015 Opinion or Order Filing 224 MARGINAL ENTRY approving Attorney Colleen A. Beverly's #197 Notice of Withdrawal of Appearance for Defendants Arch Insurance Company and Arch Specialty Insurance Company. Attorney Colleen A. Beverly terminated. Signed by Judge Larry J. McKinney on 2/26/2015. (BGT)
February 11, 2015 Opinion or Order Filing 223 ORDER granting Defendants' #217 Motion for Extension of Time to File response to Plaintiffs' amended complaint to 3/20/2015. Signed by Judge Larry J. McKinney on 2/11/2015. (SWM)
February 10, 2015 Opinion or Order Filing 222 ORDER granting #221 Motion to Appear pro hac vice. Attorney Wendy N. Enerson for WESTCHESTER SURPLUS LINES INSURANCE CO. added. Copy to Wendy N. Enerson via US Mail. Signed by Judge Larry J. McKinney on 2/10/2015. (SWM)
February 5, 2015 Opinion or Order Filing 221 MOTION for Attorney(s) Wendy N. Enerson to Appear pro hac vice on behalf of Westchester Surplus Lines Insurance Company (Filing fee $30, receipt number 0756-3344308), filed by Defendant WESTCHESTER SURPLUS LINES INSURANCE CO.. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Vezey, Bryan)
February 4, 2015 Opinion or Order Filing 220 ORDER denying as moot, with leave to re-file such a motion with respect to the Amended Complaint Arch Defendants' #194 Motion for Judgment on the Pleadings; denying as moot #194 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Larry J. McKinney on 2/4/2015. (SWM)
February 4, 2015 Opinion or Order Filing 219 ORDER granting Plaintiffs' #215 Motion for Extension of Time to File Response to 2/6/2015 re #194 MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Dismiss for Lack of Jurisdiction . Signed by Judge Larry J. McKinney on 2/4/2015. (SWM)
February 4, 2015 Opinion or Order Filing 218 SCHEDULING ORDER: The Court, being duly advised by the approved and revised Case Management Plan, hereby VACATES the Bench Trial on the Phase II issues set to begin on Monday, July 27, 2015, at 8:30 a.m., in Courtroom 349; and the Final Pretrial Conference for Thursday, July 16, 2015, at 1:30 p.m., in Room 361. The Bench Trial on newly-designated Phase I issues is hereby RE-SET to begin on Monday, July 17, 2017, at 9:00 a.m., in Courtroom 349; and the Final Pretrial Conference is re-set for Thursday, June 29, 2017, at 1:30 p.m., in Room 361, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana; at which time the parties shall appear by counsel to discuss all matters preparatory for trial. Signed by Judge Larry J. McKinney on 2/4/2015.(SWM)
February 4, 2015 Opinion or Order Filing 217 Consent MOTION for Extension of Time to March 20, 2015 to Answer or Otherwise Respond to First Amended Complaint, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY, COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY, ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY, RSUI INDEMNITY COMPANY, XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order)(Thompson, Michael)
February 3, 2015 Opinion or Order Filing 216 ORDER SETTING TELEPHONIC STATUS CONFERENCE. This cause is set for a telephonic status conference at 10:00 a.m. on May 15, 2015. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address case management and status. Signed by Magistrate Judge Tim A. Baker on 2/3/2015. (BGT)
February 2, 2015 Opinion or Order Filing 215 Fourth MOTION for Extension of Time to February 6, 2015 to file response to #194 MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order Proposed Order)(Gotwald, Gregory)
January 29, 2015 Opinion or Order Filing 214 ORDER: REVISED CASE MANAGEMENT PLAN OF PLAINTIFFS AND CERTAIN CARRIERS APPROVED AS SUBMITTED. Liability Discovery shall be completed by February 26, 2016. Dispositive Motions shall be filed no later than November 18, 2016. SEE ORDER. Signed by Magistrate Judge Tim A. Baker on 1/29/2015. (BGT) Modified on 1/30/2015 (BGT).
January 27, 2015 Opinion or Order Filing 213 AMENDED COMPLAINT against ALL DEFENDANT (Attachments: #1 Exhibit A - English Translation of Complaint, #2 Exhibit B - List of Citizen Actions, #3 Exhibit C - Brazilian Labor Circuit Court Ruling, #4 Exhibit D - Non-exclusive List of Policies, #5 Exhibit E - Arch Specialty Policy 72UFP1326601, #6 Exhibit F - RSUI Indemnity Policy NHA210780, #7 Exhibit G - Arch Oct. 7,2013 Claim Denial Letter, #8 Exhibit H - Saltsgaver Affidavit, #9 Exhibit I - Pettman Affidavit, #10 Exhibit J - Brown Affidavit)(SWM)
January 27, 2015 Opinion or Order Filing 212 ORDER granting Plaintiffs' #211 Motion for Leave to File Amended Complaint. Signed by Judge Larry J. McKinney on 1/27/2015. (SWM)
January 23, 2015 Opinion or Order Filing 211 MOTION for Leave to File Lilly's First Amended Complaint, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit Exhibit 1 - Amended Complaint, #2 Exhibit Ex. A to Amended Complaint - English Translation of Complaint, #3 Exhibit Ex. B to Amended Complaint - List of Citizen Actions, #4 Exhibit Ex. C to Amended Complaint - Brazilian Labor Circuit Court Ruling, #5 Exhibit Ex. D to Amended Complaint - Non-exclusive List of Policies, #6 Exhibit Ex. E to Amended Complaint - Arch Specialty Policy 72UFP1326601, #7 Exhibit Ex. F to Amended Complaint - RSUI Indemnity Policy NHA210780, #8 Exhibit Ex. G to Amended Complaint - Arch Oct. 7, 2013 Claim Denial Letter, #9 Exhibit Ex. H to Amended Complaint - Saltsgaver Affidavit, #10 Exhibit Ex. I to Amended Complaint - Pettman Affidavit, #11 Exhibit Ex. J to Amended Complaint - Brown Affidavit, #12 Text of Proposed Order Proposed Order granting Lilly's Motion for Leave to File First Amended Complaint)(Leagre, Ryan)
January 21, 2015 Opinion or Order Filing 210 ORDER granting Plaintiffs' #209 Third Unopposed Motion for Extension of Time to File Response to 2/2/2015 re Defendants' #194 MOTION to Dismiss, or, in the Alternative, for Judgment on the Pleadings. Signed by Judge Larry J. McKinney on 1/21/2015. (BGT)
January 20, 2015 Opinion or Order Filing 209 Unopposed MOTION for Extension of Time to 02/02/2015 to file response to #194 MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
January 8, 2015 Opinion or Order Filing 208 ORDER granting Parties' #200 Agreed Motion for Brief Extension of Time to Submit a Case Management Plan to 12/16/2014. Signed by Magistrate Judge Tim A. Baker on 1/8/2015. (BGT)
January 7, 2015 Opinion or Order Filing 207 ORDER granting Plaintiffs' #206 Unopposed Motion for Extension of Time to File Response to 1/21/2015 re #194 MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Dismiss for Lack of Jurisdiction . Signed by Judge Larry J. McKinney on 1/7/2015. (BGT)
January 6, 2015 Opinion or Order Filing 206 Unopposed MOTION for Extension of Time to 1/21/15 to file response to #194 MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
December 16, 2014 Opinion or Order Filing 205 Submission of Memorandum in Support of Lilly and Certain Insurers' #203 CMP, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1)(Leagre, Ryan) Modified on 12/17/2014 (JKS).
December 16, 2014 Opinion or Order Filing 204 RESPONSE Memorandum in Support, re #203 Case Management Plan Tendered by, filed by Defendants COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY, ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS INC., LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY, RSUI INDEMNITY COMPANY, XL INSURANCE AMERICA, INC.. (Thompson, Michael)
December 16, 2014 Opinion or Order Filing 203 Revised CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA and Certain Insurers. (Leagre, Ryan)
December 16, 2014 Opinion or Order Filing 202 Proposed CASE MANAGEMENT PLAN TENDERED, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY . (Attachments: #1 Exhibit A - Memorandum in Support of Arch's Proposed Case Management Plan)(Thomas, Joseph)
December 15, 2014 Opinion or Order Filing 201 NOTICE of Service of Discovery Responses, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY (Thomas, Joseph)
December 12, 2014 Opinion or Order Filing 200 Unopposed MOTION for Extension of Time to 12/16/14 in which to #188 Order on Motion for Extension of Time to File Case Management Plan, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
December 3, 2014 Opinion or Order Filing 198 NOTICE of Withdrawal of Appearance by Mark W. ZImmerman on behalf of ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY (Zimmerman, Mark)
December 3, 2014 Opinion or Order Filing 197 NOTICE of Withdrawal of Appearance by Colleen A. Beverly on behalf of ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY (Beverly, Colleen)
December 2, 2014 Opinion or Order Filing 199 ORDER granting Plaintiff's #196 Motion for Extension of Time to File Response to 1/7/2015 re #194 MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Dismiss for Lack of Jurisdiction . Signed by Judge Larry J. McKinney on 12/2/2014. (SWM)
December 1, 2014 Opinion or Order Filing 196 Unopposed MOTION for Extension of Time to 1/7/15 to file response to #194 MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
November 20, 2014 Opinion or Order Filing 195 BRIEF/MEMORANDUM in Support re #194 MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1. Liberty Mutual Exemplar Policy, #2 Exhibit 2. Arch Specialty Exemplar Policy, #3 Exhibit 3. October 13, 2014, Letter)(Thomas, Joseph)
November 20, 2014 Opinion or Order Filing 194 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, MOTION for Judgment on the Pleadings , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph) Modified on 11/21/2014 (JKS).
November 19, 2014 Opinion or Order Filing 193 ORDER (Marginal Notation): APPROVED re #192 Notice of Withdrawal of Appearance. Attorney Theodore J. Blanford terminated at to ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. Signed by Judge Larry J. McKinney on 11/19/2014.(DW)
November 18, 2014 Opinion or Order Filing 192 NOTICE of Withdrawal of Appearance by Theodore J. Blanford on behalf of ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY (Blanford, Theodore)
November 14, 2014 Opinion or Order Filing 191 NOTICE of Service of Discovery Responses, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY (McNamee, Michael)
November 14, 2014 Opinion or Order Filing 190 NOTICE of Filing Notice of Service of Responses and Written Discovery by RSUI INDEMNITY COMPANY (Nadeau, Christopher)
November 14, 2014 Opinion or Order Filing 189 NOTICE of Service of Responses to Written Discovery, filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY (Thompson, Melisa)
November 12, 2014 Opinion or Order Filing 188 ORDER granting #186 Motion for Extension of Time. Accordingly, the deadline to submit a Case Management Plan is extended for thirty (30) days, until December 12, 2014. Signed by Judge Larry J. McKinney on 11/12/2014. (DW)
November 12, 2014 Opinion or Order Filing 187 NOTICE of Service of Discovery Responses, filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC. (Kamplain, Bruce)
November 10, 2014 Opinion or Order Filing 186 Unopposed MOTION for Extension of Time to 12/12/14 in which to #180 Status Conference Submit CMP, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Leagre, Ryan)
November 7, 2014 Opinion or Order Filing 185 ORDER granting #183 Motion to Appear pro hac vice. Attorney Gina M. Saelinger for ARCH INSURANCE COMPANY and ARCH SPECIALTY INSURANCE COMPANY added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Gina M. Saelinger via US Mail. Signed by Magistrate Judge Tim A. Baker on 11/7/2014. (SWM)
November 5, 2014 Opinion or Order Filing 184 NOTICE of Appearance by Ryan Taylor Leagre on behalf of Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Leagre, Ryan)
November 4, 2014 Opinion or Order Filing 183 MOTION for Attorney(s) Gina M. Saelinger to Appear pro hac vice (Filing fee $30, receipt number 0756-3243663), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Certification of Gina M. Saelinger, #2 Exhibit B - Proposed Order)(Thomas, Joseph)
October 23, 2014 Opinion or Order Filing 182 NOTICE of Appearance by Joseph P. Thomas on behalf of Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Thomas, Joseph)
October 23, 2014 Opinion or Order Filing 181 NOTICE of Appearance by Frederic Xavier Shadley on behalf of Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Shadley, Frederic)
September 5, 2014 Opinion or Order Filing 180 MINUTE ORDER Telephonic Status Conference held on 9/4/2014 before Magistrate Judge Tim A. Baker. Discussion held regarding discovery, settlement, and related matters. Discovery may commence immediately. By 10/28/2014, Plaintiffs shall provide to Defendants an estimate of the number of documents identified to be translated. By 11/12/2014, the parties shall submit a proposed amended Case Management Plan. If all dates cannot be agreed upon, the parties shall file separate proposed CMPs. Signed by Magistrate Judge Tim A. Baker. (BAS)
September 4, 2014 Opinion or Order Filing 179 RESPONSE in Opposition to Arch's #178 Status Conference Statement, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Text of Proposed Order)(Connor, Colin) Modified on 9/5/2014 (JKS).
September 3, 2014 Opinion or Order Filing 178 NOTICE of Arch Ins. Co.'s Status Conference Statement, filed by Defendant ARCH INSURANCE COMPANY (Attachments: #1 Exhibit A-Email Exchange, #2 Exhibit B-Brazilian Labor Court Order, #3 Exhibit C-May 1 2014 email) (Beverly, Colleen)
August 28, 2014 Opinion or Order Filing 177 ORDER granting Plaintiffs' #175 Motion to Stay CMP Deadlines. The CMP is stayed for fifty-six (56) days from the date of this order, after which Lilly will advise the Court if additional time is required or will provide the Court with an amended CMP. This stay does not affect the September 4, 2014, status conference, which will proceed as planned. Signed by Magistrate Judge Tim A. Baker on 8/28/2014. (SWM)
August 21, 2014 Opinion or Order Filing 176 NOTICE of Appearance by Jeffrey D. Claflin on behalf of Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Claflin, Jeffrey)
August 15, 2014 Opinion or Order Filing 175 MOTION to Stay re #142 Order: Case Management Deadlines, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
August 6, 2014 Opinion or Order Filing 174 ORDER granting #172 Motion to Appear pro hac vice. Attorney Mark W. Zimmerman for ARCH INSURANCE COMPANY and ARCH SPECIALTY INSURANCE COMPANY added. Signed by Judge Larry J. McKinney on 8/6/2014. (copy via US Mail to Mark Zimmerman) (JKS)
August 5, 2014 Opinion or Order Filing 173 Submission of Proposed Order , re #172 MOTION for Attorney(s) MARK W. ZIMMERMAN to Appear pro hac vice (Filing fee $30.00, receipt number IP041902), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Blanford, Theodore)
August 5, 2014 Opinion or Order Filing 172 MOTION for Attorney(s) MARK W. ZIMMERMAN to Appear pro hac vice (Filing fee $30.00, receipt number IP041902), filed by Defendants ARCH INSURANCE COMPANY and ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Certification of Mark W. Zimmerman)(JKS)
July 18, 2014 Opinion or Order Filing 170 ENTRY RESETTING STATUS CONFERENCE: The Court, on its own motion, now VACATES the telephonic status conference set for August 8, 2014, and resets the telephonic status conference for 2:00 p.m. on September 4, 2014. Parties shall appear by counsel of record, who will be contacted with instructions on how to access this call. The purpose of this call is to address case status and settlement. Signed by Magistrate Judge Tim A. Baker on 7/18/2014.(DW)
July 15, 2014 Opinion or Order Filing 169 ORDER granting #168 Eli Lilly's Motion for Extension of Time - The CMP is stayed for thirty (30) days from the date of this order, after which Lilly will advise the Court if additional time is required or will provide the Court with an amended CMP. Signed by Magistrate Judge Tim A. Baker on 7/15/2014. (JKS)
July 9, 2014 Opinion or Order Filing 168 Unopposed MOTION for Extension of Time to in which to #142 Order: Case Management Plan Deadlines, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
July 2, 2014 Opinion or Order Filing 167 ORDER granting #166 Motion to Withdraw Attorney Appearance. Attorney Mary F. Stafford withdrawn. Signed by Judge Larry J. McKinney on 7/2/2014. (SWM)
June 27, 2014 Opinion or Order Filing 166 MOTION to Withdraw Attorney Appearance of Mary F. Stafford as Counsel of Record, filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order Order Granting Mary F. Stafford Leave to Withdraw Appearance as Counsel of Record)(Stafford, Mary)
May 14, 2014 Opinion or Order Filing 165 ORDER granting Plaintiffs' #164 Motion to Stay CMP deadlines for 56 days from the date of this order. Signed by Magistrate Judge Tim A. Baker on 5/14/2014. (SWM)
May 7, 2014 Opinion or Order Filing 164 Unopposed MOTION to Stay re #142 Order: Case Management Plan Deadlines, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
March 21, 2014 Opinion or Order Filing 163 ORDER (Marginal Notation): In light of these supplemental allegations, as well as the fact that the Court has now granted Westchester's motion to dismiss without relying on information in this exhibit, the supplemental motion to seal is granted. The Clerk shall keep Docket No. 145 under seal. Signed by Magistrate Judge Tim A. Baker on 3/21/2014. (DW)
March 19, 2014 Opinion or Order Filing 162 MOTION to Amend/Correct #146 MOTION to Seal Document #145 SEALED Document , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
March 18, 2014 Opinion or Order Filing 161 ORDER granting #135 Westchester's MOTION to Dismiss - The Court concluded that there is no evidence that Defendant Westchester Surplus Lines Insurance Company has a duty to defend; and the Court lacks subject matter jurisdiction over Plaintiffs', Eli Lilly and Company and Eli Lilly Do Brasil LTDA, claim that this Defendant has a duty to indemnity them; therefore, Plaintiffs' claims against this Defendant are dismissed. Because the latter ruling does not constitute a decision on the merits, the dismissal is WITHOUT prejudice. Signed by Judge Larry J. McKinney on 3/18/2014. (JKS)
March 13, 2014 Opinion or Order Filing 160 ORDER granting #158 Motion to Appear pro hac vice. Attorney Colleen A. Beverly for ARCH INSURANCE COMPANY and ARCH SPECIALTY INSURANCE COMPANY added. Signed by Magistrate Judge Tim A. Baker on 3/13/2014. (SWM)
March 12, 2014 Opinion or Order Filing 159 MARGINAL ENTRY re Plaintiff's #146 MOTION to Seal. Fed. R. Evid 408 does not provide good cause for sealing a document, nor is it sufficient for Plaintiffs to assert that disclosure of the document in question "may" cause harm. Plaintiffs are given seven days to supplement this motion to provide good cause, if any, to seal any part of this document. Failure to provide good cause will result in the document being unsealed. Signed by Magistrate Judge Tim A. Baker on 3/12/2014.(SWM)
March 11, 2014 Opinion or Order Filing 158 MOTION for Attorney(s) Colleen A. Beverly to Appear pro hac vice (Filing fee $30.00, receipt number IP039893), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Certification of Colleen A. Beverly, #2 Text of Proposed Order)(DW)
March 10, 2014 Opinion or Order Filing 157 REPLY in Support of Motion re #135 MOTION to Dismiss , filed by Defendant WESTCHESTER SURPLUS LINES INSURANCE CO.. (Ziemianski, Joseph)
March 7, 2014 Opinion or Order Filing 156 NOTICE of Service of Initial Disclosures , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
March 7, 2014 Opinion or Order Filing 155 NOTICE of Service of Initial Disclosures , filed by Defendant WESTCHESTER SURPLUS LINES INSURANCE CO.. (Ziemianski, Joseph)
March 7, 2014 Opinion or Order Filing 154 NOTICE of Service of Initial Disclosures for Phase I of Case, filed by Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (McNamee, Michael)
March 7, 2014 Opinion or Order Filing 153 NOTICE of Service of Initial Disclosures of Endurance American Specialty Insurance Co., filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Thompson, Melisa)
March 7, 2014 Opinion or Order Filing 152 NOTICE of Service of Initial Disclosures , filed by Defendant RSUI INDEMNITY COMPANY. (Nadeau, Christopher)
March 7, 2014 Opinion or Order Filing 151 NOTICE of Service of Initial Disclosures , filed by Defendants LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY. (Thompson, Michael)
March 7, 2014 Opinion or Order Filing 150 NOTICE of Service of Initial Disclosures for Phase I of Case, filed by Defendant XL INSURANCE AMERICA, INC.. (Temple, David)
March 6, 2014 Opinion or Order Filing 149 NOTICE of Service of Initial Disclosures , filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Blanford, Theodore)
March 6, 2014 Opinion or Order Filing 148 NOTICE of Appearance by Michael P. McNamee on behalf of Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (McNamee, Michael)
March 5, 2014 Opinion or Order Filing 147 NOTICE of Service of Initial Disclosures as to Phase I, filed by Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Kamplain, Bruce)
March 3, 2014 Opinion or Order Filing 146 MOTION to Seal Document #145 SEALED Document , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order)(Connor, Colin)
March 3, 2014 Opinion or Order Filing 145 SEALED Exhibit A, Attachment 1, re #144 Response in Opposition to #135 Motion, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Cover Sheet for Sealed Document)(Connor, Colin) Modified on 3/4/2014 (JKS).
March 3, 2014 Opinion or Order Filing 144 RESPONSE in Opposition re #135 MOTION to Dismiss , filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Exhibit A, #2 Exhibit B)(Connor, Colin)
February 25, 2014 Opinion or Order Filing 143 SCHEDULING ORDER - Bench Trial on Phase II issues is set to begin on 7/27/2015 08:30 AM in room #349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Larry J. McKinney and the Final Pretrial Conference set for 7/16/2015 01:30 PM in room #361, United States Courthouse, 46 E. Ohio Street, Indianapolis, at which time the parties shall appear by counsel to discuss all matters preparatory for trial. Signed by Judge Larry J. McKinney on 2/25/2014.(JKS)
February 21, 2014 Opinion or Order Filing 142 ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Signed by Magistrate Judge Tim A. Baker on 2/21/2014.(SWM)
February 21, 2014 Opinion or Order Filing 141 ORDER granting #140 Motion for Extension of Time to File Response to 3/3/2014 re #135 MOTION to Dismiss .. Signed by Magistrate Judge Tim A. Baker on 2/21/2014. (DW)
February 20, 2014 Opinion or Order Filing 140 Unopposed MOTION for Extension of Time to March 3, 2014 to file response to #135 MOTION to Dismiss Westchester, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Attachments: #1 Text of Proposed Order Proposed Order)(Connor, Colin)
February 11, 2014 Opinion or Order Filing 139 Joint Amended CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA . (Attachments: #1 Exhibit Ex. 1 - Letter Agreement re Translation)(Gotwald, Gregory)
February 11, 2014 Opinion or Order Filing 138 Marginal Notation - DISMISSAL acknowledged as to LEXINGTON INSURANCE COMPANY, NEW HAMPSHIRE INSURANCE COMPANY, AIG EUROPE (UK) LIMITED and AIG EXCESS LIABILITY INSURANCE COMPANY LTD only, without prejudice. Signed by Judge Larry J. McKinney on 2/11/2014.(JKS)
February 11, 2014 Opinion or Order Filing 137 Marginal Notation - DISMISSAL acknowledged as to ACE EUROPEAN GROUP LIMITED only, without prejudice. Signed by Judge Larry J. McKinney on 2/11/2014.(JKS)
February 7, 2014 Opinion or Order Filing 136 BRIEF/MEMORANDUM in Support re #135 MOTION to Dismiss , filed by Defendant WESTCHESTER SURPLUS LINES INSURANCE CO.. (Attachments: #1 Exhibit 1 - Verification of Diane Anzore (Part 1 of 2), #2 Exhibit 1 - Verification of Diane Anzore (Part 2 of 2), #3 Text of Proposed Order proposed Order)(Ziemianski, Joseph)
February 7, 2014 Opinion or Order Filing 135 MOTION to Dismiss , filed by Defendant WESTCHESTER SURPLUS LINES INSURANCE CO.. (Ziemianski, Joseph)
February 7, 2014 Opinion or Order Filing 134 NOTICE of Dismissal Without Prejudice Against AIG Europe (UK); AIG Excess; Lexington Ins. Co.; New Hampshire Ins. Co. Only, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA (Connor, Colin)
February 7, 2014 Opinion or Order Filing 133 NOTICE of Dismissal Without Prejudice Against ACE European Group Ltd., filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA (Connor, Colin)
January 30, 2014 Opinion or Order Filing 131 MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Initial Pretrial Conference held on 1/28/2014. Counsel shall confer in an effort to resolve the remaining Case Management Plan disputes and advise the Magistrate Judge no later than 2/11/2014 as to whether those disputes have been resolved. Telephonic Status Conference set for 8/7/2014 at 9:00 AM before Magistrate Judge Tim A. Baker. Counsel of record will be contacted with instructions on how to access this call. The purpose of this conference is to address case status and settlement. Signed by Magistrate Judge Tim A. Baker. (ADH)
January 28, 2014 Opinion or Order Filing 130 ORDER (Marginal Notation): Acknowledged re #126 Notice to Dismiss Without Prejudice Zurich Insurance Company Limited. ZURICH INSURANCE COMPANYLIMITED is dismissed without prejudice. Signed by Judge Larry J. McKinney on 1/28/2014.(DW)
January 27, 2014 Opinion or Order Filing 129 Submission of Signature Requirement re #123 Case Management Plan Tendered by by All Plaintiffs. (Connor, Colin)
January 27, 2014 Opinion or Order Filing 128 SCHEDULING ORDER - The Court, on its own motion, vacates the initial pretrial conference set for 2 p.m. on January 28, 2014, and resets this conference as a telephonic initial pretrial conference for 2 p.m. on January 28, 2014. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660 for the purpose of attending this conference. All other requirements in the order originally setting this conference shall remain in effect. Signed by Magistrate Judge Tim A. Baker on 1/27/2014. (JKS)
January 27, 2014 Opinion or Order Filing 127 NOTICE of Appearance by Bryan Vezey on behalf of Defendants ACE EUROPEAN GROUP LIMITED, WESTCHESTER SURPLUS LINES INSURANCE CO.. (Vezey, Bryan)
January 24, 2014 Opinion or Order Filing 126 NOTICE to Dismiss Without Prejudice Zurich Insurance Company Limited, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA (Connor, Colin)
January 23, 2014 Opinion or Order Filing 125 ORDER granting Defendants' #118 Motion for Extension of Time to File response to complaint to 1/28/2014. Copy to Mary F. Stafford via US Mail. Signed by Magistrate Judge Tim A. Baker on 1/23/2014. (SWM)
January 22, 2014 Opinion or Order Filing 124 ORDER granting #121 Motion to Withdraw Attorney Appearance. Attorney Richard Patrick Darke withdrawn. Signed by Judge Larry J. McKinney on 1/22/2014. (JKS)
January 21, 2014 Opinion or Order Filing 123 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA . (Attachments: #1 Exhibit A--Proposed CMP)(Gotwald, Gregory)
January 21, 2014 Opinion or Order Filing 122 ORDER granting #120 Motion to Withdraw Attorney Appearance. Attorney Kelly A. Kraft withdrawn. Signed by Judge Larry J. McKinney on 1/21/2014. (JKS)
January 21, 2014 Opinion or Order Filing 121 MOTION to Withdraw Attorney Appearance , filed by Defendant SCOR RE. (Attachments: #1 Text of Proposed Order Proposed Order)(Darke, Richard)
January 17, 2014 Opinion or Order Filing 120 MOTION to Withdraw Attorney Appearance , filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Kraft, Kelly)
January 15, 2014 Opinion or Order Filing 119 NOTICE of Appearance by Charles E. Spevacek on behalf of Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Spevacek, Charles)
January 15, 2014 Opinion or Order Filing 118 Third MOTION for Extension of Time to 1/28/2014 , filed by Defendants AIG EUROPE (UK) LIMITED, AIG EXCESS LIABILITY INSURANCE COMPANY LTD, LEXINGTON INSURANCE COMPANY, NEW HAMPSHIRE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order Granting Extension of Time to Answer)(Wheeler, Thomas) Modified on 1/16/2014 (JKS).
January 10, 2014 Opinion or Order Filing 117 ORDER granting #109 MOTION for Attorney(s) MARY F. STAFFORD to Appear pro hac vice filed by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. Signed by Magistrate Judge Tim A. Baker on 1/10/2014. (copies to Ana Francisco, Michael Thompson and Mary Stafford via US Mail) (JKS)
January 9, 2014 Opinion or Order Filing 115 DISMISSAL - SCOR RE dismissed WITHOUT prejudice. (Marginal Notation). Signed by Judge Larry J. McKinney on 1/9/2014.(JKS)
January 9, 2014 Opinion or Order Filing 114 DISMISSAL - ALTERRA AMERICAN INSURANCE COMPANY dismissed WITHOUT Prejudice. (Marginal Notation).. Signed by Judge Larry J. McKinney on 1/9/2014.(JKS)
January 9, 2014 Opinion or Order Filing 113 Submission of Proposed Order , re #109 MOTION for Attorney(s) MARY F. STAFFORD to Appear pro hac vice (No fee paid with this filing), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Blanford, Theodore)
January 9, 2014 Opinion or Order Filing 111 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Melisa G. Thompson hereby notifies the Clerk of the court of changed contact information. (Thompson, Melisa)
January 8, 2014 Opinion or Order Filing 112 RECEIPT #IP038943 for Pro Hac Vice #109 Motion fee in the amount of $30.00, paid by Theodore Blanford, on behalf of MARY F. STAFFORD. (JKS)
January 8, 2014 Opinion or Order Filing 110 CORRECTED DOCUMENT - Please disregard document re #109 Motion to Appear pro hac vice which was Docketed in Error. Corrected document has been attached to this entry. (Attachments: #1 Exh A - Certification of Mary F. Stafford) (JKS)
January 8, 2014 Opinion or Order Filing 109 MOTION for Attorney(s) MARY F. STAFFORD to Appear pro hac vice (No fee paid with this filing), filed by Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Attachments: #1 Exhibit A - Certification of Mary F. Stafford)(JKS)
January 8, 2014 Opinion or Order Filing 108 ORDER granting #105 Motion to Appear pro hac vice. Attorney Michael S. Knippen for RSUI INDEMNITY COMPANY added. Signed by Magistrate Judge Tim A. Baker on 1/8/2014. (DW)
January 8, 2014 Opinion or Order Filing 107 ORDER granting #104 Motion to Appear pro hac vice. Attorney Mark F. Wolfe for RSUI INDEMNITY COMPANY added. Signed by Magistrate Judge Tim A. Baker on 1/8/2014. (DW)
January 8, 2014 Opinion or Order Filing 106 ORDER granting #103 Motion for Extension of Time. IT IS HEREBY ORDERED that the motion is granted, and Defendants, ACE European Group Limited and Westchester Surplus Lines Insurance Company shall have until February 8, 2014 to file its answer or otherwise plead. Signed by Magistrate Judge Tim A. Baker on 1/8/2014. Copy sent via US Mail. (DW)
January 7, 2014 Opinion or Order Filing 105 MOTION for Attorney(s) Michael S. Knippen to Appear pro hac vice (Filing fee $30, receipt number 0756-2918366), filed by Defendant RSUI INDEMNITY COMPANY. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Nadeau, Christopher)
January 7, 2014 Opinion or Order Filing 104 MOTION for Attorney(s) Mark F. Wolfe to Appear pro hac vice (Filing fee $30, receipt number 0756-2918351), filed by Defendant RSUI INDEMNITY COMPANY. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Nadeau, Christopher)
January 7, 2014 Opinion or Order Filing 103 Unopposed MOTION for Extension of Time to 02/08/2014 to answer or otherwise plead, filed by Defendants ACE EUROPEAN GROUP LIMITED, WESTCHESTER SURPLUS LINES INSURANCE CO.. (Attachments: #1 Text of Proposed Order Proposed Order)(O'Malley, Katherine)
January 3, 2014 Opinion or Order Filing 102 NOTICE of Appearance by Eileen King Bower on behalf of Defendant XL INSURANCE AMERICA, INC.. (Bower, Eileen)
January 3, 2014 Opinion or Order Filing 101 NOTICE of Appearance by Robert Edward Browne, Jr on behalf of Defendant XL INSURANCE AMERICA, INC.. (Browne, Robert)
January 3, 2014 Opinion or Order Filing 100 STIPULATION of Dismissal Without Prejudice, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
January 3, 2014 Opinion or Order Filing 99 STIPULATION of Dismissal Without Prejudice, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA. (Connor, Colin)
December 30, 2013 Opinion or Order Filing 98 SCHEDULING ORDER: Initial Pretrial Conference set for 1/28/2014 02:00 PM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. (SEE ORDER FOR MORE DETAILS.) Signed by Magistrate Judge Tim A. Baker on 12/30/2013.(MRI)
December 20, 2013 Opinion or Order Filing 97 ORDER granting #93 Motion to Appear pro hac vice. Attorney Ana M. Francisco added for LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY. Signed by Magistrate Judge Tim A. Baker on 12/20/2013. (DW)
December 20, 2013 Opinion or Order Filing 96 ORDER granting #91 Motion to Appear pro hac vice. Attorney Michael Thompson added for LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY. Signed by Magistrate Judge Tim A. Baker on 12/20/2013. (DW)
December 20, 2013 Opinion or Order Filing 95 ORDER granting Defts' #94 Motion for Extension of Time to File response to complaint to 1/17/2014. Signed by Magistrate Judge Tim A. Baker on 12/20/2013. (SWM)
December 19, 2013 Opinion or Order Filing 94 Second MOTION for Extension of Time to 01/17/2014 to Respond to Plaintiffs' Complaint, filed by Defendants AIG EUROPE (UK) LIMITED, AIG EXCESS LIABILITY INSURANCE COMPANY LTD, LEXINGTON INSURANCE COMPANY, NEW HAMPSHIRE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order Granting Additional Enlargement of Time to Respond to Plaintiff's Complaint)(Wheeler, Thomas)
December 19, 2013 Opinion or Order Filing 93 MOTION for Attorney(s) Ana M. Francisco to Appear pro hac vice (Filing fee $30, receipt number 0756-2904675), filed by Defendants LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Cantrell, Dennis)
December 19, 2013 Opinion or Order Filing 92 Submission of Proposed Order for Michael Thompson, re #91 MOTION for Attorney(s) Michael Thompson to Appear pro hac vice (Filing fee $30, receipt number 0756-2904554), filed by Defendants LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY. (Cantrell, Dennis)
December 19, 2013 Opinion or Order Filing 91 MOTION for Attorney(s) Michael Thompson to Appear pro hac vice (Filing fee $30, receipt number 0756-2904554), filed by Defendants LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY. (Attachments: #1 Exhibit Exhibit A - Certification, #2 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice)(Cantrell, Dennis)
December 10, 2013 Opinion or Order Filing 90 ORDER granting #78 Motion for Extension of Time - It is hereby ordered that the motion is granted, and defendants, ACE European Group Limited and Westchester Surplus Lines Company shall have until January 8, 2014 to file its answer or otherwise plead. Signed by Magistrate Judge Tim A. Baker on 12/10/2013. (JKS)
December 10, 2013 Opinion or Order Filing 89 ORDER granting #77 Motion for Extension of Time - It is therefore ORDERED, ADJUDGED AND DECREED that the Defendants New Hampshire Insurance Company, AIG Excess Liability Insurance Company Ltd., Lexington Insurance Company and AIG Europe (UK) Limited are hereby granted to and including December 23, 2013 in which to respond to Plaintiffs' Complaint. Signed by Magistrate Judge Tim A. Baker on 12/10/2013. (JKS)
December 10, 2013 Opinion or Order Filing 88 Submission of Signature Requirement re #86 Answer to Complaint by RSUI INDEMNITY COMPANY. (Nadeau, Christopher)
December 10, 2013 Opinion or Order Filing 87 Submission of Signature Requirement re #84 Answer to Complaint by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Thompson, Melisa)
December 9, 2013 Opinion or Order Filing 86 RSUI Indemnity Company's ANSWER to Complaint and Affirmative Defenses, filed by RSUI INDEMNITY COMPANY.(Nadeau, Christopher)
December 9, 2013 Opinion or Order Filing 85 Affirmative Defenses and ANSWER to Complaint , filed by LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY.(Cantrell, Dennis)
December 9, 2013 Opinion or Order Filing 84 Endurance American Specialty Insurance Company's ANSWER to Complaint , filed by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY.(Thompson, Melisa)
December 9, 2013 Opinion or Order Filing 83 Affirmative Defenses and ANSWER to Complaint and Jury Demand, filed by XL INSURANCE AMERICA, INC..(Temple, David)
December 9, 2013 Opinion or Order Filing 82 ANSWER to Complaint , filed by ARCH SPECIALTY INSURANCE COMPANY.(Blanford, Theodore)
December 9, 2013 Opinion or Order Filing 81 ANSWER to Complaint , filed by ARCH INSURANCE COMPANY.(Blanford, Theodore)
December 9, 2013 Opinion or Order Filing 80 ANSWER to Complaint , filed by LIBERTY INSURANCE UNDERWRITERS INC..(Kamplain, Bruce)
December 9, 2013 Opinion or Order Filing 79 ANSWER to Complaint (Notice of Removal) with Jury Demand , filed by COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY.(Harkness, Scott)
December 6, 2013 Opinion or Order Filing 78 Unopposed MOTION for Extension of Time to January 8, 2014 to Answer or Othewise Plead, filed by Defendants ACE EUROPEAN GROUP LIMITED, WESTCHESTER SURPLUS LINES INSURANCE CO.. (Attachments: #1 Exhibit 1 - Proposed Order)(O'Malley, Katherine)
December 6, 2013 Opinion or Order Filing 77 Unopposed MOTION for Extension of Time to December 23, 2013 , filed by Defendants AIG EUROPE (UK) LIMITED, AIG EXCESS LIABILITY INSURANCE COMPANY LTD, LEXINGTON INSURANCE COMPANY, NEW HAMPSHIRE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Wheeler, Thomas)
December 5, 2013 Opinion or Order Filing 76 ORDER granting #73 Motion for Extension of Time. IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that Defendant, Alterra America Insurance Company, has through and including January 8, 2014, within which to answer or otherwise respond to Plaintiffs' Complaint. Signed by Magistrate Judge Tim A. Baker on 12/4/2013. (DW)
December 5, 2013 Opinion or Order Filing 75 ORDER granting #72 Motion for Extension of Time. IT IS HEREBY ORDERED that the motion is granted, and Scor Se shall have until January 8, 2014 to file its answer or other responsive pleading. Signed by Magistrate Judge Tim A. Baker on 12/4/2013. (DW)
December 4, 2013 Opinion or Order Filing 74 DISMISSAL acknowledged - ALLIED WORLD ASSURANCE CO HOLDINGS LTD. is terminated, re #71 Notice of Dismissal. Allied World shall be dismissed from this case without prejudice. The parties shall bear their own costs. (Marginal Notation). Signed by Judge Larry J. McKinney on 12/4/2013.(JKS)
December 4, 2013 Opinion or Order Filing 73 Second MOTION for Extension of Time to January 8, 2014 in which to #16 Notice of Removal - Respond to Plaintiffs' Complaint, filed by Defendant ALTERRA AMERICAN INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Fecht, Jeffrey)
December 3, 2013 Opinion or Order Filing 72 Unopposed MOTION for Extension of Time to January 8, 2014 To Answer or Otherwise Plead, filed by Defendant SCOR RE. (Attachments: #1 Text of Proposed Order Proposed Order)(Darke, Richard)
December 3, 2013 Opinion or Order Filing 71 NOTICE To Dismiss Allied World Without Prejudice, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA (Connor, Colin)
December 2, 2013 Opinion or Order Filing 70 ORDER granting #68 Motion to Appear pro hac vice. Attorney Monica T. Sullivan for ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY added. Signed by Judge Larry J. McKinney on 12/2/2013. (DW)
November 22, 2013 Opinion or Order Filing 69 Corporate Disclosure Statement by AIG EUROPE (UK) LIMITED identifying Corporate Parent AMERICAN INTERNATIONAL GROUP, INC, Corporate Parent AIUH LLC, Corporate Parent AIG PROPERTY CASUALTY INC., Corporate Parent AIG EUROPE (SERVICES) LIMITED, Corporate Parent AIG EUROPE LIMITED, Corporate Parent AIG EUROPE SUB HOLDINGS LIMITED, Corporate Parent AIG EUROPE FINANCING LIMITED, Corporate Parent AIG PROPERTY CASUALTY INTERNATIONAL LLC, Corporate Parent AIG EUROPE HOLDINGS LIMITED for AIG EUROPE (UK) LIMITED.. (Wheeler, Thomas)
November 21, 2013 Opinion or Order Filing 68 MOTION for Attorney MONICA T. SULLIVAN to Appear pro hac vice (Filing fee $30.00, receipt number IP038289), filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(JKS)
November 20, 2013 Opinion or Order Filing 67 Corporate Disclosure Statement by NEW HAMPSHIRE INSURANCE COMPANY identifying Corporate Parent AMERICAN INTERNATIONAL GROUP, INC, Corporate Parent AIUH LLC, Corporate Parent AIG Property Casualty U.S., Inc., Corporate Parent AIG PROPERTY CASUALTY INC. for NEW HAMPSHIRE INSURANCE COMPANY.. (Wheeler, Thomas)
November 20, 2013 Opinion or Order Filing 66 Corporate Disclosure Statement by LEXINGTON INSURANCE COMPANY identifying Corporate Parent AMERICAN INTERNATIONAL GROUP, INC., Corporate Parent AIUH LLC, Corporate Parent AIG Property Casualty U.S., Inc., Corporate Parent AIG PROPERTY CASUALTY INC. for LEXINGTON INSURANCE COMPANY.. (Wheeler, Thomas)
November 20, 2013 Opinion or Order Filing 65 Corporate Disclosure Statement by AIG EXCESS LIABILITY INSURANCE COMPANY LTD. (Wheeler, Thomas)
November 18, 2013 Opinion or Order Filing 64 ORDER granting #62 Motion to Appear pro hac vice. Attorney Melisa G. Thompson for ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY added. Copy provided via US Mail to Melisa G. Thompson. Signed by Judge Larry J. McKinney on 11/18/2013. (SWM)
November 18, 2013 Opinion or Order Filing 63 ORDER granting #42 Stipulation of enlargement of time for Defendants to respond to Plaintiffs' complaint to 12/9/2013. Signed by Magistrate Judge Tim A. Baker on 11/18/2013. (SWM)
November 15, 2013 Opinion or Order Filing 62 MOTION for Attorney(s) Melisa G. Thompson to Appear pro hac vice (Filing fee $30.00, receipt number IP038202), filed by Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY c/s. (Attachments: #1 Text of Proposed Order, #2 Envelope)(MAC)
November 14, 2013 Opinion or Order Filing 61 Corporate Disclosure Statement by COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Harkness, Scott)
November 14, 2013 Opinion or Order Filing 60 CONSENT to Removal by AIG EXCESS LIABILITY INSURANCE COMPANY LTD. (Wheeler, Thomas)
November 14, 2013 Opinion or Order Filing 59 NOTICE of Appearance by Thomas E. Wheeler, II on behalf of Defendant AIG EXCESS LIABILITY INSURANCE COMPANY LTD. (Wheeler, Thomas)
November 14, 2013 Opinion or Order Filing 58 CONSENT to Removal by LEXINGTON INSURANCE COMPANY. (Wheeler, Thomas)
November 14, 2013 Opinion or Order Filing 57 NOTICE of Appearance by Thomas E. Wheeler, II on behalf of Defendant LEXINGTON INSURANCE COMPANY. (Wheeler, Thomas)
November 14, 2013 Opinion or Order Filing 56 CONSENT to Removal by NEW HAMPSHIRE INSURANCE COMPANY. (Wheeler, Thomas)
November 14, 2013 Opinion or Order Filing 55 NOTICE of Appearance by Thomas E. Wheeler, II on behalf of Defendant NEW HAMPSHIRE INSURANCE COMPANY. (Wheeler, Thomas)
November 14, 2013 Opinion or Order Filing 54 CONSENT to Removal by AIG EUROPE (UK) LIMITED. (Wheeler, Thomas)
November 14, 2013 Opinion or Order Filing 53 NOTICE of Appearance by Thomas E. Wheeler, II on behalf of Defendant AIG EUROPE (UK) LIMITED. (Wheeler, Thomas)
November 13, 2013 Opinion or Order Filing 52 ORDER granting #50 Motion to Correct Docket - IT IS HEREBY ORDERED that Docket No. #30 is stricken from the docket, as the corrected document has been re-filed at Docket No. #32 . Signed by Judge Larry J. McKinney on 11/13/2013. (JKS)
November 12, 2013 Opinion or Order Filing 51 ORDER STRIKING CERTAIN DOCKET ENTRIES - On November 8, 2013, Attorney Thomas E. Wheeler, II ("Wheeler"), filed multiple documents on behalf of multiple clients. See Dkt. Nos. #40 , #41 , #43 , #44 , #45 , #46 , #47 & #48 . Unfortunately, none of the documents contained the correct Cause Number. Therefore, the Court hereby STRIKES Docket Nos. #40 , #41 , #43 , #44 , #45 , #46 , #47 and #48 ; Defendants shall re-file the documents with the correct cause number without penalty within three days. Signed by Judge Larry J. McKinney on 11/12/2013. (JKS)
November 11, 2013 Opinion or Order Filing 50 MOTION TO CORRECT CASE DOCKET, filed by Defendant SCOR RE. (Attachments: #1 Text of Proposed Order Proposed Order)(Darke, Richard)
November 8, 2013 Opinion or Order Filing 49 Corporate Disclosure Statement by LIBERTY INSURANCE UNDERWRITERS INC. identifying Corporate Parent LIBERTY MUTUAL HOLDING COMPANY, INC. for LIBERTY INSURANCE UNDERWRITERS INC... (Kamplain, Bruce)
November 8, 2013 Opinion or Order Filing 48 ***STRICKEN, See Dkt. #51 Order*** CONSENT to Removal by AIG EUROPE (UK) LIMITED. (Wheeler, Thomas) Modified on 11/12/2013 (JKS).
November 8, 2013 Opinion or Order Filing 47 ***STRICKEN, See Dkt. #51 Order*** NOTICE of Appearance by Thomas E. Wheeler, II on behalf of Defendant AIG EUROPE (UK) LIMITED. (Wheeler, Thomas) Modified on 11/12/2013 (JKS).
November 8, 2013 Opinion or Order Filing 46 ***STRICKEN, See Dkt. #51 Order*** CONSENT to Removal by LEXINGTON INSURANCE COMPANY. (Wheeler, Thomas) Modified on 11/12/2013 (JKS).
November 8, 2013 Opinion or Order Filing 45 ***STRICKEN, See Dkt. #51 Order*** NOTICE of Appearance by Thomas E. Wheeler, II on behalf of Defendant LEXINGTON INSURANCE COMPANY. (Wheeler, Thomas) Modified on 11/12/2013 (JKS).
November 8, 2013 Opinion or Order Filing 44 ***STRICKEN, See Dkt. #51 Order*** CONSENT to Removal by AIG EXCESS LIABILITY INSURANCE COMPANY LTD. (Wheeler, Thomas) Modified on 11/12/2013 (JKS).
November 8, 2013 Opinion or Order Filing 43 ***STRICKEN, See Dkt. #51 Order*** NOTICE of Appearance by Thomas E. Wheeler, II on behalf of Defendant AIG EXCESS LIABILITY INSURANCE COMPANY LTD. (Wheeler, Thomas) Modified on 11/12/2013 (JKS).
November 8, 2013 Opinion or Order Filing 42 STIPULATION of Enlargement of Time for Defendants to Respond to Plaintiffs' Complaint, filed by Plaintiffs ELI LILLY AND COMPANY, ELI LILLY DO BRASIL LTDA, Defendant XL INSURANCE AMERICA, INC.. (Attachments: #1 Text of Proposed Order)(Temple, David) Modified on 11/12/2013 (JKS).
November 8, 2013 Opinion or Order Filing 41 ***STRICKEN, See Dkt. #51 Order*** CONSENT to Removal by NEW HAMPSHIRE INSURANCE COMPANY. (Wheeler, Thomas) Modified on 11/12/2013 (JKS).
November 8, 2013 Opinion or Order Filing 40 ***STRICKEN, See Dkt. #51 Order*** NOTICE of Appearance by Thomas E. Wheeler, II on behalf of Defendant NEW HAMPSHIRE INSURANCE COMPANY. (Wheeler, Thomas) Modified on 11/12/2013 (JKS).
November 8, 2013 Opinion or Order Filing 39 CONSENT to Removal by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Kraft, Kelly)
November 8, 2013 Opinion or Order Filing 38 Corporate Disclosure Statement by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY identifying Corporate Parent Endurance American Insurance Company, Corporate Parent Endurance Reinsurance Corporation of America, Corporate Parent Endurance U.S. Holdings Corp., Corporate Parent Endurance Specialty Insurance Ltd., Corporate Parent Endurance Specialty Holdings, Ltd. for ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY.. (Kraft, Kelly)
November 8, 2013 Opinion or Order Filing 37 NOTICE of Appearance by Kelly A. Kraft on behalf of Defendant ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Kraft, Kelly)
November 8, 2013 Opinion or Order Filing 36 Corporate Disclosure Statement by ARCH SPECIALTY INSURANCE COMPANY. (Blanford, Theodore)
November 8, 2013 Opinion or Order Filing 35 Corporate Disclosure Statement by ARCH INSURANCE COMPANY. (Blanford, Theodore)
November 8, 2013 Opinion or Order Filing 34 CONSENT To Removal by ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Blanford, Theodore)
November 8, 2013 Opinion or Order Filing 33 NOTICE of Appearance by Theodore J. Blanford on behalf of Defendants ARCH INSURANCE COMPANY, ARCH SPECIALTY INSURANCE COMPANY. (Blanford, Theodore)
November 8, 2013 Opinion or Order Filing 32 NOTICE OF JOINDER IN NOTICE OF REMOVAL OF ACTION, filed by Defendant SCOR RE, re #16 Notice of Removal. (Darke, Richard)
November 8, 2013 Opinion or Order Filing 31 NOTICE NOTICE OF AUTOMATIC INITIAL EXTENSION, filed by Defendant SCOR RE, re #16 Notice of Removal. (Darke, Richard)
November 8, 2013 Opinion or Order Filing 30 ***STRICKEN, per Dkt. #52 Order Granting Motion to Correct Docket*** NOTICE of JOINDER IN NOTICE OF REMOVAL OF ACTION, filed by Defendant SCOR RE, re #16 Notice of Removal. (Darke, Richard) Modified on 11/13/2013 (JKS).
November 8, 2013 Opinion or Order Filing 29 Corporate Disclosure Statement by SCOR RE. (Darke, Richard)
November 8, 2013 Opinion or Order Filing 28 CONSENT to Removal by LIBERTY INSURANCE UNDERWRITERS INC.. (Kamplain, Bruce)
November 8, 2013 Opinion or Order Filing 27 NOTICE of Appearance by Richard Patrick Darke on behalf of Defendant SCOR RE. (Darke, Richard)
November 7, 2013 Opinion or Order Filing 26 NOTICE of Appearance by Jeffrey B. Fecht on behalf of Defendant ALTERRA AMERICAN INSURANCE COMPANY. (Fecht, Jeffrey)
November 7, 2013 Opinion or Order Filing 25 CONSENT To Remove by RSUI INDEMNITY COMPANY. (Nadeau, Christopher)
November 7, 2013 Opinion or Order Filing 24 Corporate Disclosure Statement by RSUI INDEMNITY COMPANY identifying Corporate Parent RSUI Group, Inc. for RSUI INDEMNITY COMPANY.. (Nadeau, Christopher)
November 7, 2013 Opinion or Order Filing 23 NOTICE of Appearance by Christopher J Nadeau on behalf of Defendant RSUI INDEMNITY COMPANY. (Nadeau, Christopher)
November 7, 2013 Opinion or Order Filing 22 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
November 7, 2013 Opinion or Order Filing 19 CONSENT to Removal by COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Harkness, Scott)
November 7, 2013 Opinion or Order Filing 17 NOTICE of Appearance by Cynthia Elaine Lasher on behalf of Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Lasher, Cynthia)
November 7, 2013 Opinion or Order Filing 15 NOTICE of Appearance by Scott A. Harkness on behalf of Defendant COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY. (Harkness, Scott)
November 7, 2013 Opinion or Order Filing 14 NOTICE of Appearance by Erik S. Mroz on behalf of Defendant XL INSURANCE AMERICA, INC.. (Mroz, Erik)
November 7, 2013 Opinion or Order Filing 13 CONSENT of Removal by XL INSURANCE AMERICA, INC.. (Temple, David)
November 7, 2013 Opinion or Order Filing 12 Corporate Disclosure Statement by XL INSURANCE AMERICA, INC. identifying Corporate Parent XL Group, plc for XL INSURANCE AMERICA, INC... (Temple, David)
November 7, 2013 Opinion or Order Filing 11 NOTICE of Appearance by David A. Temple on behalf of Defendant XL INSURANCE AMERICA, INC.. (Temple, David)
November 7, 2013 Opinion or Order Filing 10 NOTICE of Appearance by Houston Hum on behalf of Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Hum, Houston)
November 7, 2013 Opinion or Order Filing 9 CONSENT to Removal by ACE EUROPEAN GROUP LIMITED, WESTCHESTER SURPLUS LINES INSURANCE CO.. (O'Malley, Katherine)
November 7, 2013 Opinion or Order Filing 8 Corporate Disclosure Statement by ACE EUROPEAN GROUP LIMITED, WESTCHESTER SURPLUS LINES INSURANCE CO. identifying Corporate Parent ACE US Holdings, Inc., Corporate Parent ACE LIMITED for WESTCHESTER SURPLUS LINES INSURANCE CO.; Corporate Parent ACE INA Overseas Holdings, Inc., Corporate Parent ACE LIMITED for ACE EUROPEAN GROUP LIMITED.. (O'Malley, Katherine)
November 7, 2013 Opinion or Order Filing 7 NOTICE of Appearance by Katherine Werner O'Malley on behalf of Defendants ACE EUROPEAN GROUP LIMITED, WESTCHESTER SURPLUS LINES INSURANCE CO.. (O'Malley, Katherine)
November 7, 2013 Opinion or Order Filing 6 NOTICE of Parties' First Extension of Time, filed by Defendant ALTERRA AMERICAN INSURANCE COMPANY. (Preston, Peter)
November 7, 2013 Opinion or Order Filing 5 Corporate Disclosure Statement by ALTERRA AMERICAN INSURANCE COMPANY identifying Corporate Parent MARKEL CORPORATION, Corporate Parent Alterra Reinsurance USA Inc., Corporate Parent Alterra USA Holdings Limited, Corporate Parent Alterra Capital America Limited, Corporate Parent Alterra Capital Holdings Limited for ALTERRA AMERICAN INSURANCE COMPANY.. (Preston, Peter)
November 7, 2013 Opinion or Order Filing 4 NOTICE of Appearance by Thomas A. Brusstar on behalf of Defendant ALTERRA AMERICAN INSURANCE COMPANY. (Brusstar, Thomas)
November 7, 2013 Opinion or Order Filing 3 NOTICE of Appearance by Bruce L. Kamplain on behalf of Defendant LIBERTY INSURANCE UNDERWRITERS INC.. (Kamplain, Bruce)
November 7, 2013 Opinion or Order Filing 2 CONSENT to Removal by ALTERRA AMERICAN INSURANCE COMPANY. (Preston, Peter)
November 7, 2013 Opinion or Order Filing 1 NOTICE of Appearance by Peter J. Preston on behalf of Defendant ALTERRA AMERICAN INSURANCE COMPANY. (Preston, Peter)
November 6, 2013 Opinion or Order Filing 21 Corporate Disclosure Statement by LIBERTY MUTUAL INSURANCE COMPANY identifying Corporate Parent LIBERTY MUTUAL HOLDING COMPANY INC., Corporate Parent LMHC MASSACHUSETTS HOLDINGS INC., Corporate Parent LIBERTY MUTUAL GROUP INC. for LIBERTY MUTUAL INSURANCE COMPANY.. (DJH)
November 6, 2013 Opinion or Order Filing 20 Corporate Disclosure Statement by LIBERTY MUTUAL FIRE INSURANCE COMPANY identifying Corporate Parent LIBERTY MUTUAL HOLDING COMPANY INC., Corporate Parent LMHC MASSACHUSETTS HOLDINGS INC., Corporate Parent LIBERTY MUTUAL GROUP INC. for LIBERTY MUTUAL FIRE INSURANCE COMPANY.. (DJH)
November 6, 2013 Opinion or Order Filing 18 NOTICE of Appearance by Dennis F. Cantrell on behalf of Defendants LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY. (DJH)
November 6, 2013 Opinion or Order Filing 16 NOTICE OF REMOVAL from Marion County Superior Court, case number 49D13-13-10-PL037575, filed by LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY. (Filing fee $400, receipt number IP038070) (Attachments: #1 Exhibit A including service of process, complaint, and apperance for Plaintiffs, #2 Exhibit B Affidavit, #3 Civil Cover Sheet)(DJH)

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Search for this case: ELI LILLY AND COMPANY et al v. ARCH INSURANCE COMPANY et al
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Defendant: ALTERRA AMERICAN INSURANCE COMPANY
Represented By: Peter J. Preston
Represented By: Jeffrey B. Fecht
Represented By: Thomas A. Brusstar
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Defendant: ALLIED WORLD ASSURANCE CO HOLDINGS, LTD.
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Defendant: NEW HAMPSHIRE INSURANCE COMPANY
Represented By: Thomas E. Wheeler, II
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Defendant: ACE EUROPEAN GROUP LIMITED
Represented By: Bryan Vezey
Represented By: Katherine Werner O'Malley
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Defendant: LIBERTY MUTUAL INSURANCE COMPANY
Represented By: Ana M. Francisco
Represented By: Michael Thompson
Represented By: Dennis F. Cantrell
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Defendant: WESTCHESTER SURPLUS LINES INSURANCE CO.
Represented By: Joseph Ziemianski
Represented By: Bryan Vezey
Represented By: Katherine Werner O'Malley
Represented By: Samuel R. Stalker
Represented By: Wendy N. Enerson
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Defendant: ARCH SPECIALTY INSURANCE COMPANY
Represented By: Jennifer Snyder Heis
Represented By: Mary F. Stafford
Represented By: Mark W. Zimmerman
Represented By: Megan B. Gramke
Represented By: Frederic Xavier Shadley
Represented By: Joshua A. Klarfeld
Represented By: Theodore J. Blanford
Represented By: Gina M. Saelinger
Represented By: Joseph P. Thomas
Represented By: Georgia Hatzis
Represented By: Colleen A. Beverly
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Defendant: ZURICH INSURANCE COMPANY LIMITED
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Defendant: AIG EXCESS LIABILITY INSURANCE COMPANY LTD
Represented By: Thomas E. Wheeler, II
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Defendant: ARCH INSURANCE COMPANY
Represented By: Jennifer Snyder Heis
Represented By: Mary F. Stafford
Represented By: Mark W. Zimmerman
Represented By: Megan B. Gramke
Represented By: Frederic Xavier Shadley
Represented By: Joshua A. Klarfeld
Represented By: Theodore J. Blanford
Represented By: Gina M. Saelinger
Represented By: Joseph P. Thomas
Represented By: Georgia Hatzis
Represented By: Colleen A. Beverly
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Defendant: COMMERCIAL UNION INSURANCE COMPANY N/K/A ONEBEACON AMERICA INSURANCE COMPANY
Represented By: Michael P. McNamee
Represented By: Danielle C. Dobry
Represented By: Charles E. Spevacek
Represented By: Scott A. Harkness
Represented By: Cynthia Elaine Lasher
Represented By: Matthew P. Lawlyes
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Defendant: MAX RE LTD
Represented By: Peter J. Preston
Represented By: Jeffrey B. Fecht
Represented By: Thomas A. Brusstar
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Defendant: RSUI INDEMNITY COMPANY
Represented By: Mark F. Wolfe
Represented By: Meghan Eileen Ruesch
Represented By: Michael Robert Giordano
Represented By: Michael S. Knippen
Represented By: Jason M. Taylor
Represented By: Kyle Andrew Lansberry
Represented By: Christopher J Nadeau
Represented By: John Carl Trimble
Represented By: Kyle M. Dickinson
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Defendant: LIBERTY INSURANCE UNDERWRITERS INC.
Represented By: Ana M. Francisco
Represented By: Bruce L. Kamplain
Represented By: Bradley J. Wombles
Represented By: Thomas B. Bays
Represented By: Houston Hum
Represented By: Michael Thompson
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Defendant: LEXINGTON INSURANCE COMPANY
Represented By: Thomas E. Wheeler, II
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Defendant: XL INSURANCE AMERICA, INC.
Represented By: Erik S. Mroz
Represented By: David A. Temple
Represented By: Robert Edward Browne, Jr.
Represented By: Eileen K. Bower
Represented By: Emily A. Golding
Represented By: Lindsay C. Donald
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Defendant: ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY
Represented By: Monica T. Sullivan
Represented By: Melisa G. Thompson
Represented By: Jared K. Clapper
Represented By: Meaghan A. Sweeney
Represented By: Kelly A. Kraft
Represented By: Matthew G. Novaria
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Defendant: SCOR RE
Represented By: Richard Patrick Darke
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Defendant: LIBERTY MUTUAL FIRE INSURANCE COMPANY
Represented By: Ana M. Francisco
Represented By: Michael Thompson
Represented By: Dennis F. Cantrell
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Defendant: AIG EUROPE (UK) LIMITED
Represented By: Thomas E. Wheeler, II
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Plaintiff: ELI LILLY AND COMPANY
Represented By: Jeffrey D. Claflin
Represented By: Andrew J. Detherage
Represented By: Colin Edington Connor
Represented By: Christian P. Jones
Represented By: George M. Plews
Represented By: John Paul Fischer, Jr.
Represented By: Elizabeth C. Brandon
Represented By: Ryan Taylor Leagre
Represented By: Gregory M. Gotwald
Represented By: Andrea Savannah Warren
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Plaintiff: ELI LILLY DO BRASIL LTDA
Represented By: Jeffrey D. Claflin
Represented By: Andrew J. Detherage
Represented By: Colin Edington Connor
Represented By: Christian P. Jones
Represented By: George M. Plews
Represented By: John Paul Fischer, Jr.
Represented By: Elizabeth C. Brandon
Represented By: Ryan Taylor Leagre
Represented By: Gregory M. Gotwald
Represented By: Andrea Savannah Warren
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