ATLANTIC SPECIALTY INSURANCE COMPANY et al v. ANTHEM, INC.
BEDIVERE INSURANCE COMPANY, ATLANTIC SPECIALTY INSURANCE COMPANY and BEDIVERE INSURANCE COMPANY formerly doing business as ONEBEACON INSURANCE COMPANY |
ANTHEM, INC. and WELLPOINT, INC. |
1:2019cv03589 |
August 23, 2019 |
US District Court for the Southern District of Indiana |
Mark J Dinsmore |
James R Sweeney |
Insurance |
28 U.S.C. § 2201 |
Plaintiff |
Docket Report
This docket was last retrieved on July 31, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 74 CLOSED DISMISSED - In light of the Court's Order staying this matter pending resolution of the parties' arbitration proceedings [Dkt. #72 ], the Court now directs the Clerk to PROCEDURALLY CLOSE this case. Upon the completion of the arbitration proceedings, any party may move to reopen this case as needed. The parties' joint Motion for Entry of Stipulated Protective Order [Dkt. #71 ] is hereby DENIED AS MOOT without prejudice to its resubmission as needed if the case is reopened. Signed by Magistrate Judge Mark J. Dinsmore on 7/31/2020.(MAC) |
Filing 73 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/13/2020. Parties discussed case status. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD) |
Filing 72 Entry and Order Setting Aside Magistrate Judge's Order (ECF No. 48), compelling Arbitration, and Staying This Case - For the reasons set forth above, the Court sets aside the magistrate judge's order ECF No. #48 , grants Anthem's motion (ECF No. 42), and denies Plaintiffs' motion ECF No. #24 . The parties shall proceed to arbitration, this matter is stayed, and all deadlines are vacated. The parties are ordered to inform the Court within thirty days of any decision reached in arbitration and/or to provide a status report regarding the arbitration to the Court every ninety days. If, for any reason, there is a lapse in the naming of an arbitrator or arbitrators, then either party may apply to the Court for appointment of an arbitrator or arbitrators. See 9 U.S.C. 5. ***SEE ORDER FOR ADDITIONAL INFORMATION*** Signed by Judge James R. Sweeney II on 5/18/2020. (JDC) |
Filing 71 Joint MOTION for Protective Order (Stipulated), filed by Defendant ANTHEM, INC.. (Attachments: #1 Exhibit 1 -- Antitrust MDL - Qualified Protective Order, #2 Exhibit 2 -- Antitrust MDL - Supplement to Qualified Protective Order, #3 Exhibit 3 -- Love Protective Order - Material Other Than PHI, #4 Exhibit 4 -- Love Protective Order - PHI, #5 Text of Proposed Order)(Hidde, Kandi) |
Filing 69 STATUS REPORT on the Status of Discovery (Supplemental Joint Report of Parties) by ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Ruesch, Meghan) |
Filing 68 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 4/15/2020. Parties discussed status of discovery. Telephonic Status Conference set for 5/13/2020 at 3:30 PM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of Discovery due 5/11/2020. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) |
Filing 67 STATUS REPORT on the Status of Discovery (Joint Report of Parties) by ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Ruesch, Meghan) |
Filing 65 Exhibit List Preliminary, filed by Defendant ANTHEM, INC., Witness List , filed by Defendant ANTHEM, INC.. (Hidde, Kandi) |
Filing 64 Witness List and Exhibit List - Preliminary, filed by Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Ruesch, Meghan) |
Filing 63 REPLY in Support of Motion re #51 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by ANTHEM, INC. re #48 Order on Motion to CompelOrder on Motion to Stay , filed by Defendant ANTHEM, INC.. (Hidde, Kandi) |
Filing 62 AMENDED SCHEDULING ORDER: The Court, sua sponte, hereby RESCHEDULES the Settlement Conference currently set for August 21, 2020 to Monday, August 17, 2020 at 1:00 p.m. (Eastern), in Room 257, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. All other requirements of the Court's Order dated February 21, 2020 [Dkt. 58] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 3/2/2020.(SWM) |
Filing 61 STIPULATION (Joint) for Trial by the Court on Arbitrability, filed by Defendant ANTHEM, INC.. (Hidde, Kandi) |
Filing 60 RESPONSE in Opposition re #51 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by ANTHEM, INC. re #48 Order on Motion to CompelOrder on Motion to Stay , filed by Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Ruesch, Meghan) |
Filing 59 ORDER: CASE MANAGEMENT ORDER. Discovery due by 7/31/2020. Dispositive Motions due by 9/3/2021. *SEE ALL DEADLINES.* SO ORDERED. By Magistrate Judge Mark J. Dinsmore on 2/21/2020. (GD) |
Filing 58 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: In-Person Pretrial Conference held on 2/21/2020. Court will enter case schedule by separate order. Parties represented their agreement that trial on arbitrability issue directed by Docket No. #48 will be conducted before Court; parties shall file joint stipulation to that effect on or before February 28, 2020. Discovery shall commence immediately. Time period to respond to discovery requests is hereby shortened to 21 days. Parties are prohibited from enlarging any discovery or other deadline by agreement; all enlargements of time must be obtained by motion. Telephonic Status Conference set for 4/15/2020 at 12:30 PM (Eastern Time). Settlement Conference set for 8/21/2020 at 1:00 PM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. *SEE ORDER FOR ALL DEADLINES & REQUIREMENTS.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) |
Filing 57 SCHEDULING ORDER: On or before April 13, 2020, the parties shall jointly file a Joint Report on the Status of Discovery setting forth detailed descriptions as set forth. On each twenty-eighth day thereafter until the parties report that all discovery in this matter has been completed, the parties shall jointly file a Supplemental Joint Report on the Status of Discovery, setting forth detailed descriptions as set forth. *SEE ORDER FOR DETAILED REQUIREMENTS.* Signed by Magistrate Judge Mark J. Dinsmore on 2/21/2020. (GD) |
Filing 56 ORDER REGARDING PROTECTIVE ORDERS. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 2/21/2020. (GD) |
Filing 55 ORDER: By order dated January 31, 2020, the Court scheduled an in person pretrial conference three weeks later, on February 21, 2020. This matter comes before the Court on Plaintiff's motion for leave for one of their counsel, Daniel Millea, to appear by telephone for that pretrial conference. [Dkt. #54 .] The motion represents that Mr. Millea will be in London for a deposition on February 21, 2020. While the motion fails to articulate when that deposition was scheduled, given the coordination required for the conduct of an international deposition, it is likely that Mr. Millea was aware of the conflict when the order scheduling the February 21, 2020 pretrial conference was issued. However, instead of quickly moving for a short continuance of the pretrial conference to allow his attendance, Plaintiffs waited until after the close of business on February 19, 2020, to file this motion seeking leave for Mr. Millea to appear by telephone. That motion is DENIED. As noted in the motion, Plaintiffs will be represented by other counsel of record who do plan to appear in person as ordered. Signed by Magistrate Judge Mark J. Dinsmore on 2/20/2020. (SWM) |
Filing 54 First MOTION for Telephonic Appearance by Dan Millea at February 21, 2020 Conference, filed by Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Ruesch, Meghan) |
Filing 53 ORDER denying Parties' #52 Joint Motion for Continuance of Pretrial Conference. The in-person pretrial conference set for February 21, 2020 at 3:30 p.m. (Eastern) will proceed as scheduled. [Dkt. 49.] Signed by Magistrate Judge Mark J. Dinsmore on 2/18/2020. (SWM) |
Filing 52 Joint MOTION for Continuance Pretrial Conference, filed by Defendant ANTHEM, INC.. (Attachments: #1 Text of Proposed Order)(Hidde, Kandi) |
Filing 51 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by ANTHEM, INC. re 48 Order on Motion to Compel Order on Motion to Stay (Hidde, Kandi) Modified on 2/18/2020 (JDC). Modified on 2/18/2020 (BRR). |
Filing 50 STATUS REPORT Joint Proposal by ANTHEM, INC.. (Hidde, Kandi) |
Filing 49 SCHEDULING ORDER: Pretrial Conference set for 2/21/2020 03:30 PM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss the parties' joint proposal regarding how this matter will proceed, particularly whether the trial on the issue of arbitrability should be conducted by the Court or before a jury, how long the trial is anticipated to take, what discovery is required in advance of the trial, and to establish a schedule in preparation for the trial. The parties shall appear for the pretrial conference by their respective counsel. Signed by Magistrate Judge Mark J. Dinsmore on 1/31/2020.(SWM) |
Filing 48 ORDER ON MOTIONS RELATING TO ARBITRATION: Anthem's Motion for a Stay and to Compel Arbitration [Dkt. #42 ] is DENIED and Plaintiffs' Motion to Stay Arbitration [Dkt. #24 ] is GRANTED, but only to the extent that arbitration is STAYED pending final resolution of the issue of arbitrability by the Court. The parties shall confer regarding how this case should proceed, and particularly whether the trial on the issue should be conducted by the Court or before a jury, and file a joint proposal within 14 days of the date of this Order. See Order for additional details. Signed by Magistrate Judge Mark J. Dinsmore on 1/31/2020. (SWM) |
Filing 47 REPLY in Support of Motion re #42 MOTION to Compel MOTION to Stay , filed by Defendant ANTHEM, INC.. (Hidde, Kandi) |
Filing 46 REPLY in Support of Motion re #24 MOTION to Stay Arbitration , filed by Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Ruesch, Meghan) |
Filing 45 RESPONSE in Opposition re #42 MOTION to Compel MOTION to Stay , #24 MOTION to Stay Arbitration , filed by Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Ruesch, Meghan) |
Filing 44 RESPONSE in Opposition re #24 MOTION to Stay Arbitration , filed by Defendant ANTHEM, INC.. (Hidde, Kandi) |
Filing 43 BRIEF/MEMORANDUM in Support re #42 MOTION to Compel MOTION to Stay , filed by Defendant ANTHEM, INC.. (Hidde, Kandi) |
Filing 42 MOTION to Compel , MOTION to Stay , filed by Defendant ANTHEM, INC.. (Attachments: #1 Exhibit 1 Coverage Chart, #2 Exhibit 2 Declaration of David Goodsir, #3 Exhibit A Primary Policy and Excess Policies)(Hidde, Kandi) |
Filing 41 ORDER granting #37 Motion to Appear pro hac vice. Attorney Mark S. Hersh for ANTHEM, INC. added. If not already registered with the Court's Electronic Filing System, Mark S. Hersh is ordered to register within ten (10) days of the entry of this order. Copy to Mark S. Hersh via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 10/8/2019. (SWM) |
Filing 40 ORDER granting #36 Motion to Appear pro hac vice. Attorney Caitlin O. Young for ANTHEM, INC. added. If not already registered with the Court's Electronic Filing System, Caitlin O. Young is ordered to register within ten (10) days of the entry of this order. Copy to Caitlin O. Young via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 10/8/2019. (SWM) |
Filing 39 ORDER granting #35 Motion to Appear pro hac vice. Attorney Dan J. Hofmeister, Jr. for ANTHEM, INC. added. If not already registered with the Court's Electronic Filing System, Dan J. Hofmeister, Jr. is ordered to register within ten (10) days of the entry of this order. Copy to Dan J. Hofmeister, Jr. via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 10/8/2019. (SWM) |
Filing 38 ORDER granting #34 Motion to Appear pro hac vice. Attorney David V. Goodsir for ANTHEM, INC. added. If not already registered with the Court's Electronic Filing System, David V. Goodsir is ordered to register within ten (10) days of the entry of this order. Copy to David V. Goodsir via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 10/8/2019. (SWM) |
Filing 37 MOTION for Attorney(s) Mark S. Hersh to Appear pro hac vice (Filing fee $100, receipt number 0756-5665982), filed by Defendant ANTHEM, INC.. (Attachments: #1 Exhibit A Certification, #2 Text of Proposed Order)(Hidde, Kandi) |
Filing 36 MOTION for Attorney(s) Caitlin O. Young to Appear pro hac vice (Filing fee $100, receipt number 0756-5665920), filed by Defendant ANTHEM, INC.. (Attachments: #1 Exhibit A Certification, #2 Text of Proposed Order)(Hidde, Kandi) |
Filing 35 MOTION for Attorney(s) Dan J. Hofmeister, Jr. to Appear pro hac vice (Filing fee $100, receipt number 0756-5665858), filed by Defendant ANTHEM, INC.. (Attachments: #1 Exhibit A Certification, #2 Text of Proposed Order)(Hidde, Kandi) |
Filing 34 MOTION for Attorney(s) David V. Goodsir to Appear pro hac vice (Filing fee $100, receipt number 0756-5665832), filed by Defendant ANTHEM, INC.. (Attachments: #1 Exhibit A Certification, #2 Text of Proposed Order)(Hidde, Kandi) |
Filing 33 ORDER granting Defendant's #32 Motion for Extension of Time to File Response to 10/18/2019 re #24 MOTION to Stay Arbitration. Signed by Magistrate Judge Mark J. Dinsmore on 10/1/2019. (SWM) |
Filing 32 Unopposed MOTION for Extension of Time to File Response to October 18, 2019 re #24 MOTION to Stay Arbitration , filed by Defendant ANTHEM, INC.. (Attachments: #1 Text of Proposed Order)(Hidde, Kandi) |
Filing 31 ORDER - granting #16 Motion to Appear pro hac vice. Attorney Justine M. Casey for ATLANTIC SPECIALTY INSURANCE COMPANY,Justine M. Casey for BEDIVERE INSURANCE COMPANY added. If not already registered with the Court's Electronic Filing System, Justine M. Casey is ordered to register within ten (10) days of the entry of this order. Copy to Justine M. Casey via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 9/25/2019. (NAD) |
Filing 30 Corporate Disclosure Statement by ANTHEM, INC.. (Hidde, Kandi) |
Filing 29 NOTICE of Parties' First Extension of Time, filed by Defendant ANTHEM, INC.. (Hidde, Kandi) |
Filing 28 NOTICE of Appearance by Kandi Kilkelly Hidde on behalf of Defendant ANTHEM, INC.. (Hidde, Kandi) |
Filing 27 Submission of Supplementation of Certification of Pro Hac Vice Admission - Justine Casey, filed by Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Ruesch, Meghan) Modified on 9/26/2019 (JDC). created a link to #16 |
Filing 26 AFFIDAVIT re #24 MOTION to Stay Arbitration (Affirmation in Support of Motion to Stay) by All Plaintiffs. (Ruesch, Meghan) |
Filing 25 BRIEF/MEMORANDUM in Support re #24 MOTION to Stay Arbitration , filed by Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Atlantic Specialty Policy, #2 Exhibit 2 - ACE Policy, #3 Exhibit 3 - OneBeacon Policy, #4 Exhibit 4 - Correspeondence)(Ruesch, Meghan) |
Filing 24 MOTION to Stay Arbitration, filed by Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Ruesch, Meghan) |
Filing 23 ORDER granting #17 Motion to Appear pro hac vice. Attorney R. Randall Crispen for ATLANTIC SPECIALTY INSURANCE COMPANY and BEDIVERE INSURANCE COMPANY added. If not already registered with the Court's Electronic Filing System, R. Randal Crispen is ordered to register within ten (10) days of the entry of this order. Copy to R. Randall Crispen via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 9/5/2019. (SWM) |
Filing 22 ORDER granting #14 Motion to Appear pro hac vice. Attorney Elizabeth V. Kniffen for ATLANTIC SPECIALTY INSURANCE COMPANY and BEDIVERE INSURANCE COMPANY added. If not already registered with the Court's Electronic Filing System, Elizabeth V. Kniffen is ordered to register within ten (10) days of the entry of this order. Copy to Elizabeth V. Kniffen via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 9/4/2019. (SWM) |
Filing 21 NOTICE of Filing of Updated Crispen Certification for Pro Hac Vice App by All Plaintiffs (Ruesch, Meghan) |
Filing 20 ORDER granting Dan Millea's #15 Motion to Appear pro hac vice on behalf of Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY and BEDIVERE INSURANCE COMPANY. Signed by Magistrate Judge Mark J. Dinsmore on 9/4/2019. (SWM) |
Filing 19 NOTICE of Filing of Updated Kniffen Certification for Pro Hac Vice App by All Plaintiffs (Ruesch, Meghan) |
Filing 18 NOTICE of Filing of Updated Millea Certification for Pro Hac Vice App by All Plaintiffs (Ruesch, Meghan) |
Filing 17 MOTION for Attorney(s) Randal R. Crispen to Appear pro hac vice (Filing fee $100, receipt number 0756-5606307), filed by Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Attachments: #1 Exhibit A-Crispen Certification for Pro Hac Vice App, #2 Text of Proposed Order)(Ruesch, Meghan) |
Filing 16 MOTION for Attorney(s) Justine M. Casey to Appear pro hac vice (Receipt No. 0756-5606268 in the amount of $100.00) filed by Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Attachments: #1 Exhibit A-Casey Certification for Pro Hac Vice App, #2 Text of Proposed Order)(Ruesch, Meghan) Modified on 9/4/2019 for payment of fee(DJH). |
Filing 15 MOTION for Attorney(s) Dan Millea to Appear pro hac vice (Filing fee $100, receipt number 0756-5606259), filed by Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Attachments: #1 Proposed Summons A- Millea Certification for Pro Hac Vice App, #2 Text of Proposed Order)(Ruesch, Meghan) |
Filing 14 MOTION for Attorney(s) Elizabeth V. Kniffen to Appear pro hac vice (Filing fee $100, receipt number 0756-5606234), filed by Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Attachments: #1 Exhibit A - Liz Kniffen Certification for Pro Hac Vice App, #2 Text of Proposed Order)(Ruesch, Meghan) |
Filing 13 PROCEDURES AND PRACTICES before Judge James R. Sweeney II. (JDC) |
Filing 12 NOTICE of Appearance by John Carl Trimble on behalf of Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Trimble, John) |
Filing 11 Summons Issued as to ANTHEM, INC. (REO) |
Filing 10 NOTICE of Appearance by Meghan Eileen Ruesch on behalf of Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Ruesch, Meghan) |
Filing 9 Proposed Summons submitted for issuance by the clerk as to ANTHEM, INC.. (Ruesch, Meghan) |
Filing 8 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
Filing 7 ***DISREGARD***Summons Issued as to ANTHEM, INC. (AKH) Modified on 8/26/2019 (REO). |
Filing 6 NOTICE of Appearance by John Carl Trimble on behalf of Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Trimble, John) |
Filing 5 Corporate Disclosure Statement by BEDIVERE INSURANCE COMPANY identifying Corporate Parent ARMOUR GROUP HOLDINGS, LIMITED, Other Affiliate Trebuchet US Holdings, Inc., Other Affiliate Trebuchet Investments, Limited for BEDIVERE INSURANCE COMPANY.. (Ruesch, Meghan) |
Filing 4 Corporate Disclosure Statement by ATLANTIC SPECIALTY INSURANCE COMPANY identifying Corporate Parent INTACT FINANCIAL CORPORATION, Other Affiliate OneBeacon Insurance Group Holdings, Ltd. for ATLANTIC SPECIALTY INSURANCE COMPANY.. (Ruesch, Meghan) |
Filing 3 Proposed Summons submitted for issuance by the clerk as to ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Ruesch, Meghan) |
Filing 2 NOTICE of Appearance by Meghan Eileen Ruesch on behalf of Plaintiffs ATLANTIC SPECIALTY INSURANCE COMPANY, BEDIVERE INSURANCE COMPANY. (Ruesch, Meghan) |
Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT against ANTHEM, INC., filed by All Plaintiffs. (Filing fee $400, receipt number 0756-5595588) (Attachments: #1 Exhibit 1 to Complaint - Atlantic Specialty Policy, #2 Exhibit 2 to Complaint - OneBeacon Policy, #3 Exhibit 3 to Complaint - Transfer Order, #4 Civil Cover Sheet)(Ruesch, Meghan) |
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