GEMINI INSURANCE COMPANY v. BRANCH RIVER PLASTICS INC et al
| ARUNDEL VALLEY LLC |
| GEMINI INSURANCE COMPANY |
| BRANCH RIVER PLASTICS INC |
| 2:2015cv00343 |
| August 21, 2015 |
| US District Court for the District of Maine |
| Portland Office |
| York |
| JOHN H RICH |
| NANCY TORRESEN |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgment (Insurance) |
| Defendant |
Docket Report
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This docket was last retrieved on December 6, 2016. A more recent docket listing may be available from PACER.
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Filing 63
JUDGMENT It is hereby ORDERED that any motion for attorney's fees shall be filed within the time specified in Local Rule 54.2 of this Court. By DEPUTY CLERK:M. Thibodeau. (mjlt)
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Filing 62
ORDER granting #52 Motion to Dismiss with prejudice as to all claims and counterclaims. This dismissal is subject to the terms of the stipulation between Branch River Plastics and Gemini Insurance. Stipulation (ECF No. 53-1). The action is dismissed without prejudice to any claim Arundel Valley may have to enforce a final judgment in Arundel Valley, LLC v. Peachey Builders, Inc. et al., currently pending in the Maine Superior Court Docket No. BCD-CV-13-15 and previously pending in the Maine Supreme Judicial Court, Docket No. BCD-15-481. By JUDGE NANCY TORRESEN. (MMB)
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Filing 61
ORDER terminating #56 Order to Show Cause By JUDGE NANCY TORRESEN. (MMB)
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Filing 60
RESPONSE TO #56 ORDER TO SHOW CAUSE filed by ARUNDEL VALLEY LLC. (BRYANT, TIMOTHY)
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Filing 59
RESPONSE TO #56 ORDER TO SHOW CAUSE filed by GEMINI INSURANCE COMPANY. (SLOTNICK, LAWRENCE)
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Filing 58
RESPONSE TO #56 ORDER TO SHOW CAUSE filed by BRANCH RIVER PLASTICS INC. (DALY, MICHAEL)
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Filing 57
NOTICE/CORRESPONDENCE Re: Disposition of Underlying Appeal by BRANCH RIVER PLASTICS INC (Attachments: #1 Exhibit Decision)(DALY, MICHAEL)
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Filing 56
ORDER TO SHOW CAUSE. Show Cause Response due by 12/2/2016. By JUDGE NANCY TORRESEN. (mnw)
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Filing 55
REPLY to Response to Motion re #52 Joint MOTION to Dismiss filed by GEMINI INSURANCE COMPANY. (SLOTNICK, LAWRENCE)
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Filing 54
RESPONSE to Motion re #52 Joint MOTION to Dismiss Opposition to Motion to Dismiss Pursuant to F.R.C.P. 41 (a) (2) filed by ARUNDEL VALLEY LLC. Reply due by 11/15/2016. (Attachments: #1 Exhibit Proposed Order)(BRYANT, TIMOTHY)
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Filing 53
MEMORANDUM by GEMINI INSURANCE COMPANY in support of #52 Joint MOTION to Dismiss . (Attachments: #1 Exhibit Stipulation)(SLOTNICK, LAWRENCE)
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Filing 52
Joint MOTION to Dismiss by GEMINI INSURANCE COMPANY Responses due by 11/7/2016. (SLOTNICK, LAWRENCE)
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Filing 51
Minute Entry for proceedings held before JUDGE NANCY TORRESEN. Conference of Counsel held. The parties withdraw their intensions to file Motions for Summary Judgment. Set Deadlines - Rule 41 Motion to Dismiss due by 10/24/2016. (Court Reporter: Dennis Ford) (mnw)
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Filing 50
ORDER granting #48 Motion to Participate by telephone at the Local Rule 56(h) Pre-Filing Conference ; granting #49 Motion for Local Counsel to be excused from attending the Local Rule 56(h) Pre-Filing Conference. By JUDGE NANCY TORRESEN. (lrc)
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Filing 49
MOTION Excuse Local Counsel From Attendance at Local Rule 56(h) Conference by GEMINI INSURANCE COMPANY Responses due by 10/14/2016. (HAYDEN, MICHAEL)
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Filing 48
MOTION to Participate in Conference by Telephone by BRANCH RIVER PLASTICS INC Responses due by 10/14/2016. (DALY, MICHAEL) Modified on 9/23/2016 to clean up docket text (lrc).
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Filing 47
NOTICE of Settlement and PROCEDURAL ORDER RE: SETTLEMENT: Counsel for BRANCH RIVER PLASTICS INC having advised the Court on 9/23/2016 that settlement has been effected by mutual agreement of the parties herein (ECF No. 45), it is hereby ORDERED that counsel shall complete the settlement of this matter within thirty (30) days of this date and cause to be filed a stipulation of dismissal of this matter with prejudice and without costs as to BRANCH RIVER PLASTICS INC, failing which, the case will be dismissed pursuant to Local Rule 41.1(a). Stipulation of Dismissal due by 10/24/2016. By DEPUTY CLERK: Lindsey Caron(lrc)
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Filing 46
NOTICE- Counsel should be advised that the Local Rule 56(h) Pre-Filing Conference scheduled for September 26 at 11:00 AM is still moving forward. Any party wishing to attend by telephone shall file a motion seeking permission to do so. (lrc)
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Filing 45
NOTICE of Settlement and Request to Continue all Pending Deadlines by BRANCH RIVER PLASTICS INC (Attachments: #1 Exhibit Stipulation)(DALY, MICHAEL)
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Filing 44
NOTICE OF RESCHEDULED HEARING: Local Rule 56(h) Pre-Filing Conference rescheduled to 9/26/2016 at 11:00 AM in Judge Torresen's Chambers before JUDGE NANCY TORRESEN. (mnw)
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Filing 43
MEMORANDUM OF DECISION AND ORDER on #26 Motion to Extend Discovery Deadline as to Counts II & III of Counterclaim By MAGISTRATE JUDGE JOHN H. RICH III. (jwr)
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Filing 42
Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Hearing held on 8/2/2016 by telephone on ECF No. 26; motion taken under advisement. (Court Reporter: No court reporter present) (RICH III, JOHN)
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Filing 41
NOTICE OF RESCHEDULED HEARING: Local Rule 56(h) Pre-Filing Conference rescheduled to 9/9/2016 at 2:30 PM in Judge Torresen's Chambers before JUDGE NANCY TORRESEN. (mnw)
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Filing 40
Local Rule 56(h) Pre-Conference Filing Memorandum by GEMINI INSURANCE COMPANY in support of #33 Procedural Order Re Local Rule 56(h): (SLOTNICK, LAWRENCE) Modified on 7/26/2016 to change the docket text (mjlt).
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Filing 39
Local Rule 56(h) Pre-Conference Filing Memorandum by BRANCH RIVER PLASTICS INC in support of #33 Procedural Order Re Local Rule 56(h): (DALY, MICHAEL) Modified on 7/26/2016 to change the docket text(mjlt).
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Filing 38
Local Rule 56(h) Pre-Conference Filing MEMORANDUM by ARUNDEL VALLEY LLC in support of #33 Procedural Order Re Local Rule 56(h): . (PIPER, BENJAMIN) Modified on 7/25/2016 to clarifying text(akr).
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Filing 37
REPLY to Response to Motion re #26 MOTION to Extend Discovery Deadline filed by GEMINI INSURANCE COMPANY. (Attachments: #1 Appendix Unreported Santacroce Case)(SLOTNICK, LAWRENCE)
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Filing 36
REPLY to Response to Motion re #26 MOTION to Extend Discovery Deadline filed by BRANCH RIVER PLASTICS INC. (Attachments: #1 Exhibit Gemini Insurance Company's Amended Answers to Brqanch River's Request for Production of Documents, #2 Exhibit Defendant Branch River Plastics, Inc.'s Notice to Take Deposition of Plaintiff Gemini Insurance Company)(DALY, MICHAEL)
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Filing 35
RESPONSE in Opposition re #26 MOTION to Extend Discovery Deadline filed by ARUNDEL VALLEY LLC. Reply due by 8/2/2016. (PIPER, BENJAMIN)
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Filing 34
NOTICE of Appearance by BENJAMIN S. PIPER on behalf of ARUNDEL VALLEY LLC (PIPER, BENJAMIN)
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reset Deadlines as to #26 MOTION to Extend Discovery Deadline In accordance with the Court's Order dated 7/13/16: Reply due by 7/20/2016. (mjlt)
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Filing 33
PROCEDURAL ORDER Re Local Rule 56(h): Pre-Filing Conference Memo due by 7/25/2016. Local Rule 56(h) Pre-Filing Conference set for 9/8/2016 10:00 AM in Judge Torresen's Chambers before JUDGE NANCY TORRESEN. By JUDGE NANCY TORRESEN. (mjlt)
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Filing 32
NOTICE of Intent to File Summary Judgment Motion and Need for Pre-Filing Conference per Local Rule 56(h) by ARUNDEL VALLEY LLC, BRANCH RIVER PLASTICS INC (DALY, MICHAEL)
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Filing 31
NOTICE - In light of the filing of the Notice of Intent to File Summary Judgment (ECF No. 30) this case will be removed from the September Civil Trial List and the Final Pretrial Conference set for August 10th has been cancelled. (mjlt)
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Filing 30
NOTICE of Intent to File Summary Judgment Motion and Need for Pre-Filing Conference per Local Rule 56(h) by GEMINI INSURANCE COMPANY (SLOTNICK, LAWRENCE)
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Filing 29
NOTICE OF HEARING re #26 MOTION to Extend Discovery Deadline : Telephone Conference set for 8/2/2016 at 3:30 PM before MAGISTRATE JUDGE JOHN H. RICH III. Attorney Daly to initiate the conference call to chambers. (mnw)
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Reset Deadlines as to #26 MOTION to Extend Discovery Deadline. Expedited briefing requested by U.S. Magistrate Judge John H. Rich III : Responses due by 7/19/2016. Reply due by 7/20/2016. (mnw)
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Filing 28
TRIAL LIST:. On Trial List for 9/6/2016. Final Pretrial Conference set for 8/10/2016 09:00 AM in Magistrate Judge Rich's Chambers before MAGISTRATE JUDGE JOHN H. RICH III. Final Pretrial Memo due by 8/3/2016.(sfw)
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Filing 27
NOTICE of Docket Entry Modification regarding #26 MOTION to Extend Time Discovery Deadline and Incorporated Memorandum of Law : modified by the clerk's office to remove "unopposed" text as the position of Arundel is not known. (jib)
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Filing 26
MOTION to Extend Discovery Deadline by BRANCH RIVER PLASTICS INC Responses due by 8/1/2016. (DALY, MICHAEL) Modified on 7/12/2016 to remove "unopposed" text per counsel(jib).
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Filing 25
ORDER denying #23 Motion to Dismiss Counterclaim Counts II and III without prejudice. The parties are proposing an end run around Fed. R. Civ. P. 13(a) that I cannot sanction. By JUDGE NANCY TORRESEN. (MMB)
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Filing 24
STIPULATION by BRANCH RIVER PLASTICS INC. (DALY, MICHAEL)
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Filing 23
Unopposed MOTION to Dismiss Counterclaim Counts II and III Without Prejudice and Incorporated Memorandum of Law by BRANCH RIVER PLASTICS INC Responses due by 7/18/2016. (Attachments: #1 Exhibit Agreement)(DALY, MICHAEL)
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Filing 22
MEMORANDUM DECISION AND ORDER ON DISCOVERY DISPUTE - Discovery due by 7/11/2016. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 7/18/2016. Motions due by 8/1/2016. By MAGISTRATE JUDGE JOHN H. RICH III. (mnw)
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Filing 21
ORDER denying #17 Motion to Stay; denying #17 Motion to Sever Counterclaims II and III. In denying the Motions, I am not ruling on the disclosure of any privileged material. All material that is properly subject to a claim of privilege shall remain privileged. By JUDGE NANCY TORRESEN. (MMB)
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Filing 20
LETTER by BRANCH RIVER PLASTICS INC. (mjlt)
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Filing 19
REPORT OF HEARING AND ORDER RE: DISCOVERY DISPUTE By MAGISTRATE JUDGE JOHN H. RICH III. (ccs)
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Filing 18
Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Discovery Hearing held; report and order to follow. (Court Reporter: No court reporter present) (RICH III, JOHN)
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Filing 17
Joint MOTION to Stay and MOTION to Sever by BRANCH RIVER PLASTICS INC Responses due by 5/26/2016. (Attachments: #1 Exhibit Agreement to Seek To Sever Counts II and III of Branch River's Counterclaim and to Stay all Proceedings in Connection With Those Counts)(DALY, MICHAEL). Added MOTION to Sever on 5/6/2016 (dfr).
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Filing 16
NOTICE of RESCHEDULED Hearing: Telephone Conference rescheduled to 2:30 p.m. on 5/6/2016 before MAGISTRATE JUDGE JOHN H. RICH III. (jib)
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Filing 15
NOTICE of Hearing: Telephone Conference set for 5/6/2016 at 3:00 PM before MAGISTRATE JUDGE JOHN H. RICH III. Counsel for plaintiff will initiate call. Per approval of the court, Pro Hac counsel need not have local counsel on the phone.(jib)
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Filing 14
ORAL WITHDRAWAL of : #11 Joint MOTION to Dismiss by BRANCH RIVER PLASTICS INC, GEMINI INSURANCE COMPANY. (dfr)
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Filing 13
Minute Entry for proceedings held before JUDGE NANCY TORRESEN: Telephone Conference held. (Court Reporter: Dennis Ford) (dfr)
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Filing 12
NOTICE of Hearing on Motion #11 Joint MOTION to Dismiss : Telephone Conference set for 4/28/2016 at 11:00 AM before JUDGE NANCY TORRESEN. Plaintiff's counsel to initiate the telephone call to counsel and the Court.(dfr)
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Filing 11
Joint MOTION to Dismiss by BRANCH RIVER PLASTICS INC Responses due by 5/5/2016. (Attachments: #1 Errata Agreement to Dismiss Without Prejudice Counts II and III of Branch River's Counterclaim)(DALY, MICHAEL)
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Set Deadlines : Attorney LAWRENCE M. SLOTNICK shall register for the District of Maine's Electronic Case Filing (ECF) System by 4/13/2016. Registration Forms are available on the Court's website #http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (dfr)
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Filing 10
CERTIFICATION for Admission Pro Hac Vice of Lawrence M. Slotnick filed by MICHAEL H. HAYDEN on behalf of GEMINI INSURANCE COMPANY (Total admission fee $ 100 receipt number 0100-1527219.) (HAYDEN, MICHAEL)
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Filing 9
Reply to #4 Answer to Complaint, Counterclaim of Branch River Plastics by GEMINI INSURANCE COMPANY.(HAYDEN, MICHAEL)
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Filing 8
NOTICE of Docket Entry Modification regarding #7 Scheduling Order. This entry was filed in error and was a duplicate filing. (rmb)
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Filing 7
***FILED IN ERROR, DUPLICATE FILING**SCHEDULING ORDER: Discovery due by 5/13/2016. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 5/20/2016. Motions due by 6/3/2016. Ready for Trial on 9/6/2016. By MAGISTRATE JUDGE JOHN H. RICH III. (jgw) Modified on to indicate a duplicate fuling 12/11/2015 (rmb).
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Filing 6
SCHEDULING ORDER: Discovery due by 5/13/2016. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 5/20/2016. Motions due by 6/3/2016. Ready for Trial on 9/6/2016. By MAGISTRATE JUDGE JOHN H. RICH III. (rmb)
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Filing 5
NOTICE of Appearance by MICHAEL J. DALY on behalf of BRANCH RIVER PLASTICS INC (DALY, MICHAEL)
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Filing 4
ANSWER to #1 Complaint with Jury Demand , COUNTERCLAIM against GEMINI INSURANCE COMPANY by BRANCH RIVER PLASTICS INC.(DALY, MICHAEL) Modified on 12/11/2015 to clean up docket text (rmb).
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Filing 3
ANSWER to #1 Complaint and Affirmative Defenses by ARUNDEL VALLEY LLC.(BRYANT, TIMOTHY) Modified on 10/23/2015 to remove duplicate text (mlm).
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Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1433816.), filed by GEMINI INSURANCE COMPANY.(HAYDEN, MICHAEL)
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Filing 2
CIVIL COVER SHEET. (bfa)
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Filing 1
COMPLAINT against ARUNDEL VALLEY LLC, BRANCH RIVER PLASTICS INC PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS. , filed by GEMINI INSURANCE COMPANY. Fee due by 8/24/2015. (Service of Process Deadline 12/21/2015) (Attachments: #1 Insurance Policy)(bfa)
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