Boardwalk Apartments, L.C. v. State Auto Property and Casualty Insurance Co.
| Boardwalk Apartments, LC |
| State Auto Property and Casualty Insurance Co. |
| 2:2011cv02714 |
| December 30, 2011 |
| US District Court for the District of Kansas |
| Kansas City Office |
| Johnson |
| Karen M. Humphreys |
| Julie A. Robinson |
| Insurance |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
473
MEMORANDUM AND ORDER granting 450 Motion for Attorney Fees; denying 457 Motion to take judicial notice of court filings. Signed by District Judge Julie A. Robinson on 7/22/15. (mm)
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Filing
448
MEMORANDUM AND ORDER granting in part and denying in part Defendant State Auto's 440 Motion to Stay Execution of Judgment. State Auto's motion for a stay of execution is granted upon the filing of its Notice of Appeal. The stay of execution shall be conditioned upon State Auto posting a supersedeas bond in the amount of the Second Amended Judgment plus 10%. Signed by District Judge Julie A. Robinson on 03/03/2015. (mg)
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Filing
446
MEMORANDUM AND ORDER granting in part and denying in part for a total award of $1,470,949.64 in reasonable attorneys' fees and expenses, Plaintiff Boardwalk's 349 Motion for Attorney Fees. Further, denying State Auto's 414 Mo tion for Leave to File Affidavits in Support of its Opposition to the Motion for Attorneys' Fees and Expenses Out of Time. Further, denying without prejudice to refilling, Boardwalk's 411 Motion for Leave to Supplement itsMotion for Award of Reasonable Fees and Expenses. Boardwalk may file a single supplemental fee request within 21 days of this Order. State Auto may respond to the supplemental fee request within 14 days. No reply shall be filed. Signed by District Judge Julie A. Robinson on 3/2/2015. (mg)
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Filing
439
MEMORANDUM AND ORDER granting in part and denying in part Defendant State Auto's 416 Motion to Stay Execution of Judgment. State Auto's motion for a stay of execution is granted; its request for a waiver of security is denied. A stay of execution shall be conditioned upon State Auto posting a supersedeas bond in the amount of $4,797,479.20 within three (3) business days of the date of this Order. Signed by District Judge Julie A. Robinson on 1/21/2015. (mg)
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Filing
436
MEMORANDUM AND ORDER granting 409 State Auto's Motion for Extension of Time to File Appeal; granting 353 Boardwalk's Motion to Alter Judgment under Fule 59(a); denying 356 State Auto's Motion for New Trial; denying 360 State Auto's Renewed Motion for Judgment as a Matter of Law. Signed by District Judge Julie A. Robinson on 1/14/2015. (bw)
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Filing
408
MEMORANDUM AND ORDER denying 395 Motion to Strike ; denying 397 Motion for Discovery; denying 399 Motion for Hearing. State Auto shall have until 11/14/14 to submit a motion for leave to file any exhbits in support of its opposition to Motion for Attorneys' Fees. Signed by District Judge Julie A. Robinson on 10/24/14. (mm)
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Filing
346
MEMORANDUM AND ORDER. It is ordered that Defendant's pre-verdictmotions for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(a) (Docs. 331, 336) are denied. The Clerk shall enter Judgment on the jury verdict. Signed by District Judge Julie A. Robinson on 7/10/2014. (bw)
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Filing
322
MEMORANDUM AND ORDER denying 300 Motion to Strike ; finding as moot 302 Motion in Limine; denying 304 Motion for Sanctions. Signed by District Judge Julie A. Robinson on 6/20/14. (mm)
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Filing
319
MEMORANDUM AND ORDER denying State Auto Property and Casualty Insurance Company's 305 Motion for Leave to Modify the Scheduling Order and to File its Third Amended Answer and Counterclaims to Plaintiff's First Amended Complaint. Signed by District Judge Julie A. Robinson on 06/18/2014. (mg)
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Filing
312
MEMORANDUM AND ORDER sustaining Boardwalk's 267 Motion in Limine; sustaining State Auto's 269 Motion in Limine Concerning Reserves; sustaining State Auto's 271 Motion in Limine Concerning Misrepresentation and Negligent Claims Ha ndling; overruling and denying State Auto's 273 Motion in Limine Concerning Any Alleged Agreement Related to Boardwalk's Business Income Loss; sustaining State Auto's 275 Motion in Limine to Exclude Insurance Regulations; finding a s moot State Auto's 277 Motion in Limine Concerning Ultimate Legal Conclusions; overruling and denying State Auto's 279 Motion in Limine Concerning Boardwalk Timely Initiating the Process of Replacing of Building 1; denying without prej udice State Auto's 281 Motion in Limine Concerning Any Alleged Inherent Flaw; overruling and denying State Auto's 283 Motion in Limine; sustaining State Auto's 285 Motion in Limine Concerning Value of Commercial Buildings; denying as moot State Auto's 288 Motion in Limine Concerning Alleged Breach of Contract. See this Memorandum and Order for detailed information. Signed by District Judge Julie A. Robinson on 06/13/2014. (mg)
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Filing
247
MEMORANDUM AND ORDER granting in part and denying in part 174 Motion to Exclude (Strike) Proposed Expert Testimony of Plaintiff's Boardwalk's Rebuttal Expert Witness Ernest M. Fleischer; granting 177 Motion to Exclude (Strike)Expert Testimony of Joseph W. Lesovitz. Signed by District Judge Julie A. Robinson on 3/28/2014. (bw)
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Filing
245
MEMORANDUM AND ORDER granting 242 Motion to Continue. The Trial is reset for 6/24/2014 at 09:00 AM in KC Courtroom before District Judge Julie A. Robinson. Signed by District Judge Julie A. Robinson on 1/8/2014. (ms)
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Filing
241
MEMORANDUM AND ORDER granting 234 Motion to Take Judicial Notice of Second Affidavit filed by Ernest M. Fleischer and Boardwalk's Memorandum in Opposition for Purposes of State Auto's Pending Motion for Reconsideration. Defendant's 201 Motion for Relief from the Court's August 23, 2013, Order Pursuant to Rule 60 or, Alternatively, to Have the Court Direct Entry of Final Judgment Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure (Doc. 189) is denied. Motion for Oral Argument on the motion for relief is denied 204 . Signed by District Judge Julie A. Robinson on 11/25/2013. (ms)
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Filing
198
MEMORANDUM AND ORDER granting 155 Plaintiff's Renewed Motion to Compel. Defendant shall provide all documents consistent with the rulings herein no later than 9/18/2013. See order for further details. Signed by Magistrate Judge Karen M. Humphreys on 9/5/2013. (sj)
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Filing
189
MEMORANDUM AND ORDER granting 127 Partial Motion to Dismiss. Signed by District Judge Julie A. Robinson on 8/23/2013. (mb)
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Filing
111
MEMORANDUM AND ORDER granting 86 Plaintiff's Motion to Compel; granting 90 Defendant's Motion to Compel; granting 91 Defendant's Motion for Leave to File Under Seal. Defendant shall produce the requested information and/or a privilege log by 4/23/2013. Plaintiff shall provide complete responses to Interrogatory Nos. 2 and 3 and Production Request Nos. 1 and 2 by 4/23/2013. Counsel directed to file forthwith requested document(s) with an event from the SEALED DOCUMENTS category. The clerk shall grant access to sealed document(s) to counsel of record. Pro hac vice attorneys must obtain sealed document(s) from local counsel. Signed by Magistrate Judge Karen M. Humphreys on 4/8/2013. (sj)
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Filing
103
MEMORANDUM AND ORDER granting 63 Plaintiff's Motion to Dismiss Counts III and IV of State Auto's Counterclaim and Motion to Strike State Auto's Fifth Affirmative Defense. Signed by District Judge Julie A. Robinson on 3/12/2013. (pp)
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Filing
72
MEMORANDUM AND ORDER denying 55 Defendant's Motion for Reconsideration. Signed by District Judge Julie A. Robinson on 11/27/2012. (pp)
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Filing
67
MEMORANDUM AND ORDER granting 50 Plaintiff's Motion to Compel. Defendant shall answer Interrogatory No. 12 on or before November 28, 2012. Signed by Magistrate Judge Karen M. Humphreys on 11/14/2012. (sj)
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Filing
51
MEMORANDUM AND ORDER denying 34 Defendant's Second Motion for Leave to File its First Amended Answer and Counterclaim; granting 36 Plaintiff's Motion for Leave to File First Amended Complaint and to Amend the Scheduling Order; denying 40 Defendant's Motion for Judgment on the Pleadings. Signed by District Judge Julie A. Robinson on 10/2/2012. (pp)
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Filing
31
MEMORANDUM AND ORDER denying without prejudice 11 Motion to Strike Defenses ; denying without prejudice 22 Motion for Leave to File Its First Amended Answer and Counterlaim. IT IS FURTHER ORDERED that on or before August 1, 2012, Defendant may file a motion for leave to amend including its proposed additional affirmative defenses and its counterclaim, but if Defendant wishes to assert an affirmative defense based on fraud, Defendant's pleading must be in compliance with the Rule 9(b) requirements and the other directives of this Memorandum and Order. Signed by District Judge Julie A. Robinson on 7/24/2012. (pp)
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Filing
21
ORDER STRIKING FIRST AMENDED ANSWER. IT IS THEREFORE ORDERED BY THE COURT that Defendant's First Amended Answer and Counterclaim (Doc. 20) is STRICKEN from the record. IT IS FURTHER ORDERED that Defendant must file the motion for leave to file an amended answer by May 25, 2012. Signed by District Judge Julie A. Robinson on 5/18/2012. (pp)
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