Allied World Specialty Insurance Company v. Blue Cross and Blue Shield of Kansas, Inc..
| Allied World Specialty Insurance Company and Darwin National Assurance Company |
| Blue Cross and Blue Shield of Kansas, Inc. |
| Bedivere Insurance Company formerly doing business as OneBeacon Insurance Company and Atlantic Specialty Insurance Company |
| 2:2018cv02515 |
| September 25, 2018 |
| US District Court for the District of Kansas |
| Daniel D Crabtree |
| Angel D Mitchell |
| Carlos Murguia |
| James P O'Hara |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on June 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 JUDGMENT ENTERED. See Judgment for details. Signed by deputy clerk on 6/14/2023. (jal) |
| DOCKET ANNOTATION: #39 Notice to Take Deposition has been re-filed in lead case 18-2371 as the entry is a non-dispositive filing. (ca) |
| Filing 39 NOTICE by Counter Defendant Allied World Specialty Insurance Company, Plaintiff Allied World Specialty Insurance Company of taking deposition of Blue Cross and Blue Shield of Kansas, Inc on 09/09/2022 (Harper, Christopher) |
| Filing 38 MINUTE ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Angel D. Mitchell for all further proceedings. Magistrate Judge James P. O'Hara no longer assigned to case. Signed by deputy clerk on 3/4/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam) |
| Filing 37 CERTIFICATE OF SERVICE of Discovery Request to Defendant by Allied World Specialty Insurance Company. (Harper, Christopher) |
Filing 36
AGREED PROTECTIVE ORDER. The court finds good cause to enter the order submitted by the parties. Signed by Magistrate Judge James P. O'Hara on 3/9/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (amh)
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| Filing 35 NOTICE OF WITHDRAWAL OF APPEARANCE by attorney Andrew M. Weiner as to Blue Cross and Blue Shield of Kansas, Inc. (Pickens, Barry) |
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Filing 34
ORDER granting #33 joint motion to consolidate cases. The parties shall confer and e-mail to the undersigned's chambers their updated Rule 26(f) report by October 23, 2019, so that a status and scheduling conference may be set. Signed by Magistrate Judge James P. O'Hara on 10/9/19. (jc)
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| Filing 33 Joint MOTION to Consolidate Cases 2:18-CV-02515-DDC-JPO and 2:18-CV-02371-DDC-JPO by Interested Party Bedivere Insurance Company f/d/b/a OneBeacon Insurance Company (referred to Magistrate Judge James P. O'Hara) (Coverdale, Brent) |
| Filing 32 ADR REPORT by Blue Cross and Blue Shield of Kansas, Inc.. and conducted by. Results of ADR: Case did not settle. Status of litigation at time of ADR: Pre-Discovery(Pickens, Barry) |
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Filing 31
ORDER - On June 19, 2019, the court stayed action on the pending motions to dismiss in Case No. 18-2371 for ongoing mediation talks. The court ordered the parties to file a status report by July 5, 2019. On that date, the parties filed a "Stipulation and Motion to Continue Stay" (Doc. 41 in Case No. 18-2371, Doc. #30 in Case No. 18-2515). The Stipulation states: "The Parties are still actively exploring the possibility of settlement with the assistance of the mediator and would like an additional 30 days to complete those discussions while the cases remain stayed[.]" Doc. 41 at 2; Doc. 30 at 2. Consistent with this request, the court amends the Scheduling Order (Doc. 39 at 2 in Case No. 18-2371; Doc. 28 at 2 in Case No. 18-2515) to reflect an August 2, 2019, Alternative Dispute Resolution deadline. The court further orders the parties to file a status report about the ongoing mediation proceedings no later than August 6, 2019. The court stays action on the pending motions to dismiss in Case No. 18-2371 until the filing of the status report. The court also acknowledges the parties' request for rulings on the motions to dismiss by September 16, 2019, and will attempt to accommodate the request. But the court also advises, that it does not anticipate granting another similar extension. The court commends the parties for devoting substantial efforts to mediation. And while it has supported the parties' efforts, the court cannot allow the pending motions to remain pending indefinitely. Signed by District Judge Daniel D. Crabtree on 07/16/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(mig)
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| Filing 30 STIPULATION and Motion to Continue Stay by Blue Cross and Blue Shield of Kansas, Inc.. (Weems, Douglas) |
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Filing 29
ORDER - The court received an informal communication from the parties about the mediation proceedings in which they engaged on June 12, 2019. The parties have agreed to continue to mediate their dispute through July 2, 2019. The court amends the Scheduling Order (Doc. 39 at 2 in Case No. 18-2371; Doc. 28 at 2 in Case No. 18-2515) to reflect a July 2, 2019, Alternative Dispute Resolution deadline. The court orders the parties to file a status report about the ongoing mediation proceedings no later than July 5, 2019. The court stays action on the pending motions to dismiss in Case No. 18-2371 until the filing of the status report. And, the court acknowledges the parties' requests for rulings on the motions to dismiss in Case No. 18-2371 by August 15, 2019, if the case does not settle. Signed by District Judge Daniel D. Crabtree on 06/19/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(mig)
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Filing 28
SCHEDULING ORDER regarding related case, Case No. 18-2371. Signed by Magistrate Judge James P. O'Hara on 4/10/2019. (amh)
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| Filing 27 RESPONSE by Defendant Blue Cross and Blue Shield of Kansas, Inc. re #24 Scheduling Order (Weems, Douglas) (Modified on 3/27/2019 to correct link. (heo)) |
| Filing 26 RESPONSE by Counter Defendant Allied World Specialty Insurance Company, Plaintiff Allied World Specialty Insurance Company re #24 Scheduling Order (referred to Magistrate Judge James P. O'Hara) (Mullen, John) (Modified on 3/27/2019 to correct title, add link, and terminate motion; incorrect ecf event used. (heo)) |
| Filing 25 RESPONSE by Interested Party Bedivere Insurance Company f/d/b/a OneBeacon Insurance Company re #24 Scheduling Order (Coverdale, Brent) (Modified on 4/10/2019 to correct party type from Defendant to Interested Party per JPO chambers. (heo)) |
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Filing 24
SCHEDULING ORDER: See order for details. Mediation deadline 6/7/2019. Signed by Magistrate Judge James P. O'Hara on 2/26/19. (ss)
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| Filing 23 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: SCHEDULING CONFERENCE held on 2/26/2019.(FTR: 1:20.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss) |
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Filing 22
ORDER REASSIGNING CASE: Case reassigned to District Judge Daniel D. Crabtree for all further proceedings. District Judge Carlos Murguia no longer assigned to case. This reassignment is approved by Judge Carlos Murguia and Judge Daniel D. Crabtree. Signed by Magistrate Judge James P. O'Hara on 2/26/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
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| Filing 21 NOTICE of Hearing CHANGE: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) The parties informal request to reschedule the scheduling conference is granted. Scheduling Conference set for 2/25/2019 at 1:30 PM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. (ss) |
| Filing 20 NOTICE OF SERVICE by Blue Cross and Blue Shield of Kansas, Inc. of Initial Rule 26 Disclosures (Pickens, Barry) |
| Filing 19 CERTIFICATE OF SERVICE of Certificate of Service of Initial Rule 26 Disclosures by Allied World Specialty Insurance Company. (Harper, Christopher) |
| Filing 18 ANSWER and Affirmative Defenses to #16 Counterclaim by Allied World Specialty Insurance Company.(Harper, Christopher) |
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Filing 17
INITIAL ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 1/28/2019 at 9:00 AM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. Report of Parties Planning Meeting deadline 1/14/2019. Rule 26 Initial Disclosures Deadline set for 1/14/2019. Signed by Magistrate Judge James P. O'Hara on 12/4/18. (ss)
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| Filing 16 ANSWER to Complaint for Declaratory Judgment, Affirmative Defenses AND COUNTERCLAIM against Allied World Specialty Insurance Company by Blue Cross and Blue Shield of Kansas, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Weems, Douglas) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by Blue Cross and Blue Shield of Kansas, Inc. identifying None as corporate parent . (Weems, Douglas) |
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Filing 14
ORDER granting #10 , #11 , #12 , and #13 Motions to Appear Pro Hac Vice by attorneys Andrew M. Weiner, Kevin D. Tessier, Dan J. Hofmeister, Jr, Caitlin O. Young for Blue Cross and Blue Shield of Kansas, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/ Signed by Magistrate Judge James P. O'Hara on 11/9/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hl)
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| Filing 13 MOTION for attorney Caitlin O. Young to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4630208.) by Defendant Blue Cross and Blue Shield of Kansas, Inc. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit Affidavit In Support of Motion for Leave to Appear Pro Hac Vice, #2 ECF Registration Form Pro Hac Vice Electronic Filing Registration Form)(Weems, Douglas) |
| Filing 12 MOTION for attorney Dan J. Hofmeister, Jr. to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4630199.) by Defendant Blue Cross and Blue Shield of Kansas, Inc. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit Affidavit In Support of Motion for Leave to Appear Pro Hac Vice, #2 ECF Registration Form Pro Hac Vice Electronic Filing Registration Form)(Weems, Douglas) |
| Filing 11 MOTION for attorney Kevin D. Tessier to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4630189.) by Defendant Blue Cross and Blue Shield of Kansas, Inc. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit Affidavit in Support of Motion for Leave to Appear Pro Hac Vice, #2 ECF Registration Form Pro Hac Vice Electronic Filing Registration Form)(Weems, Douglas) |
| Filing 10 MOTION for attorney Andrew M. Weiner to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4630158.) by Defendant Blue Cross and Blue Shield of Kansas, Inc. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit In Support of Motion for Leave to Appear Pro Hac Vice, #2 ECF Registration Form Pro Hac Vice Electronic Filing Registration Form)(Weems, Douglas) |
| Filing 9 ENTRY OF APPEARANCE by Barry L. Pickens on behalf of Blue Cross and Blue Shield of Kansas, Inc.. (Pickens, Barry) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Allied World Specialty Insurance Company. Blue Cross and Blue Shield of Kansas, Inc. waiver sent on 10/1/2018, answer due 11/30/2018. (Harper, Christopher) |
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Filing 7
ORDER granting #5 Motion to Appear Pro Hac Vice of Heidi Hudson Raschke for Allied World Specialty Insurance Company pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge James P. O'Hara on 10/2/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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Filing 6
ORDER granting #4 Motion to Appear Pro Hac Vice of Steven J. Brodie for Allied World Specialty Insurance Company pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge James P. O'Hara on 10/2/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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| Filing 5 MOTION for attorney Heidi Hudson Raschke, Esq. to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4597883.) by Plaintiff Allied World Specialty Insurance Company (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Exhibit A, #2 Exhibit B)(Harper, Christopher) |
| Filing 4 MOTION for attorney Steven J. Brodie, Esq. to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4597865.) by Plaintiff Allied World Specialty Insurance Company (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Exhibit A, #2 Exhibit B)(Harper, Christopher) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Allied World Specialty Insurance Company identifying f/k/a Darwin national Assurance Company as corporate parent . (Harper, Christopher) |
| Filing 2 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Allied World Specialty Insurance Company - trial to be held in Kansas City. (Harper, Christopher) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Carlos Murguia and Magistrate Judge James P. O'Hara for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) |
| NOTICE OF DEFICIENCY - Designation of place of trial is missing. The filing party/attorney is directed to correct the deficiency immediately.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) |
| Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4592173.), filed by Allied World Specialty Insurance Company. (Attachments: #1 ECF Registration Form Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Mullen, John) |
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