ZURICH AMERICAN INSURANCE COMPANY v. ELECTRICITY MAINE LLC et al
| ZURICH AMERICAN INSURANCE COMPANY |
| EMILE CLAVET, ELECTRICITY MAINE LLC, SPARK HOLDCO LLC, KEVIN DEAN, KATHERINE VEILLEUX, JENNIFER CHON and PROVIDER POWER LLC |
| 2:2017cv00165 |
| May 3, 2017 |
| US District Court for the District of Maine |
| Portland Office |
| Androscoggin |
| JOHN H RICH |
| NANCY TORRESEN |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 56 USCA Case Number 18-1968 for #53 Notice of Appeal, filed by ZURICH AMERICAN INSURANCE COMPANY. (mtm) |
| Filing 55 CLERK'S CERTIFICATE Re: #53 Notice of Appeal. Documents sent to the U.S. Court of Appeals. (bfa) |
| Filing 54 APPEAL COVER SHEET Re: #53 Notice of Appeal (bfa) |
| Filing 53 NOTICE OF APPEAL as to #52 Judgment by ZURICH AMERICAN INSURANCE COMPANY . ( Filing fee $ 505 receipt number 0100-1909409.) NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from our web site at #http://www.med.uscourts.gov/forms/ MUST be completed and submitted to the Court of Appeals. Counsel should also register for a First Circuit CM/ECF Appellate Filer Account at #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf and review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf (WHITMAN, JOHN) |
| Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re #53 Notice of Appeal (bfa) |
| Filing 52 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 Melody Whitten, Deputy Clerk (mnw) |
Filing 51
ORDER re 49 Order to Show Cause - No cause having been shown why Katherine Veilleux and Jennifer Chon should not be dismissed from this case, it is Ordered that this action dismissed as to those defendants. By JUDGE NANCY TORRESEN. (mnw)
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| Filing 50 RESPONSE to Order to Show Cause re Order to Show Cause #49 filed by JENNIFER CHON, KATHERINE VEILLEUX (DONAHUE, BENJAMIN) Modified on 9/17/2018 to clean up text (mnw). |
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Filing 49
ORDER TO SHOW CAUSE : It is hereby Ordered that counsel shall show cause in writing on or before September 14, 2018, why Defendants Katherine Veilleux and Jennifer Chon should not be dismissed from this action. By JUDGE NANCY TORRESEN. (mnw)
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Filing 48
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT re #40 Motion for Summary Judgment and #41 Motion for Summary Judgment By JUDGE NANCY TORRESEN. (jib)
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| Filing 47 REPLY to Response to Motion re #41 MOTION for Summary Judgment filed by ZURICH AMERICAN INSURANCE COMPANY. (WHITMAN, JOHN) |
| Filing 46 REPLY to Response to Motion re #40 MOTION for Summary Judgment filed by EMILE CLAVET, KEVIN DEAN, ELECTRICITY MAINE LLC, SPARK HOLDCO LLC. (STEIGELMAN, TIMOTHY) |
| Reset Deadlines as to #40 MOTION for Summary Judgment and #41 MOTION for Summary Judgment - Per Order #45: Replies due by 1/16/2018. (mnw) |
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Filing 45
ORDER granting #44 Motion to Extend Time By JUDGE NANCY TORRESEN. (MMB)
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| Filing 44 Unopposed MOTION to Extend Time 1/16/18 by ZURICH AMERICAN INSURANCE COMPANY Responses due by 2/2/2018. (Attachments: #1 Affidavit of John S. Whitman)(WHITMAN, JOHN) |
| Filing 43 RESPONSE in Opposition re #40 MOTION for Summary Judgment filed by ZURICH AMERICAN INSURANCE COMPANY. Reply due by 1/19/2018. (WHITMAN, JOHN) |
| Filing 42 RESPONSE in Opposition re #41 MOTION for Summary Judgment filed by EMILE CLAVET, KEVIN DEAN, ELECTRICITY MAINE LLC, SPARK HOLDCO LLC. Reply due by 1/19/2018. (STEIGELMAN, TIMOTHY) |
| Reset Deadlines as to #40 MOTION for Summary Judgment and #41 MOTION for Summary Judgment- Per Order #38: Replies due by 1/15/2018. (mnw) |
| Filing 41 MOTION for Summary Judgment by ZURICH AMERICAN INSURANCE COMPANY Responses due by 12/29/2017. (WHITMAN, JOHN) |
| Filing 40 MOTION for Summary Judgment by EMILE CLAVET, KEVIN DEAN, ELECTRICITY MAINE LLC, SPARK HOLDCO LLC Responses due by 12/29/2017. (STEIGELMAN, TIMOTHY) |
| Reset Deadlines as to #40 MOTION for Summary Judgment and #41 MOTION for Summary Judgment - Per Order #38: Responses due by 1/5/2018. (mnw) |
| Filing 39 LOCAL RULE 56(h) STIPULATED RECORD by ZURICH AMERICAN INSURANCE COMPANY. (Attachments: #1 Exhibit A - Second Amended Class Action Complaint Part 1, #2 Exhibit A - Second Amended Class Action Complaint Part 2, #3 Exhibit A - Second Amended Class Action Complaint Part 3, #4 Exhibit B - Cancellation Processing Notice Part 1, #5 Exhibit B - Cancellation Processing Notice Part 2, #6 Exhibit B - Cancellation Processing Notice Part 3, #7 Exhibit B - Cancellation Processing Notice Part 4, #8 Exhibit C - Excerpt from a commercial insurance policy issued by Zurich Part 1, #9 Exhibit C - Excerpt from a commercial insurance policy issued by Zurich Part 2, #10 Exhibit D - Commercial insurance policy issued by Zurich)(WHITMAN, JOHN) |
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Filing 38
ORDER granting #37 Motion to Amend Scheduling Order. Motions for Summary Judgment due by 12/8/2017. Responses due by 1/5/2018. Replies due by 1/15/2018. Counsel are instructed to read and follow this entire order. By JUDGE NANCY TORRESEN. (mnw)
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| Filing 37 Joint MOTION to Amend Scheduling Order by ZURICH AMERICAN INSURANCE COMPANY Responses due by 12/11/2017. (Attachments: #1 Exhibit Proposed Order)(WHITMAN, JOHN) |
| Filing 36 AMENDED ANSWER to #29 Amended Complaint, With, Amended COUNTERCLAIM For Declaratory Judgment against ZURICH AMERICAN INSURANCE COMPANY by SPARK HOLDCO LLC, ELECTRICITY MAINE LLC, EMILE CLAVET, KEVIN DEAN. (STEIGELMAN, TIMOTHY) |
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Filing 35
ORDER granting without objection #34 Motion for Leave to File Amended Answer to Third Amended Complaint. Upon entry of this order, counsel for defendants Electricity Maine, Emile Clavet, Kevin Dean, and Spark HoldCo shall file their Amended Answer to Third Amended Complaint (ECF 34-1 with "redlines" "accepted") as a separate filing on the docket forthwith. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 34 Unopposed MOTION for Leave to File an Amended Answer to the Third Amended Complaint with an Amended Counterclaim for Declaratory Judgment by EMILE CLAVET, KEVIN DEAN, ELECTRICITY MAINE LLC, SPARK HOLDCO LLC. Responses due by 12/4/2017. (Attachments: #1 Exhibit 1: redline of proposed Amended Answer & Amended Counterclaim)(STEIGELMAN, TIMOTHY) Modified on 11/13/2017 to clean up text (mnw). |
| Filing 33 ANSWER to #29 Third Amended Complaint by JENNIFER CHON, KATHERINE VEILLEUX.(DONAHUE, BENJAMIN) Modified on 9/27/2017 to correct text (mnw). |
| Filing 32 Reply to Counterclaim #31 by ZURICH AMERICAN INSURANCE COMPANY. (WHITMAN, JOHN) Modified on 9/26/2017 to clean up text (mnw). |
| Filing 31 ANSWER to #29 Third Amended Complaint with COUNTERCLAIM for Declaratory Judgment against ZURICH AMERICAN INSURANCE COMPANY by SPARK HOLDCO LLC, ELECTRICITY MAINE LLC, EMILE CLAVET, KEVIN DEAN.(STEIGELMAN, TIMOTHY) Modified on 9/26/2017 to clean up text (mnw). |
| Filing 30 Acceptance of Service executed by SPARK HOLDCO LLC on 9/25/2017. (STEIGELMAN, TIMOTHY) Modified on 9/26/2017 to clean up text (mnw). |
| Filing 29 Third AMENDED COMPLAINT Declaratory Judgment against JENNIFER CHON, EMILE CLAVET, KEVIN DEAN, ELECTRICITY MAINE LLC, SPARK HOLDCO LLC, KATHERINE VEILLEUX, filed by ZURICH AMERICAN INSURANCE COMPANY. (Service of Process Deadline 12/12/2017)(WHITMAN, JOHN) |
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Filing 28
ORDER granting without objection #27 Motion for Leave to File Third Amended Complaint. REMINDER: After entry of this order, counsel for the plaintiff shall separately file the THIRD AMENDED DECLARATORY JUDGMENT COMPLAINT document, ECF No. 27-1, as a separate filing on the docket forthwith. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 27 Unopposed MOTION for Leave to File Third Amended Complaint by ZURICH AMERICAN INSURANCE COMPANY Responses due by 10/2/2017. (Attachments: #1 Exhibit Third Amended Complaint)(WHITMAN, JOHN) |
| Filing 26 Reply to Counterclaim #24 by ZURICH AMERICAN INSURANCE COMPANY. (WHITMAN, JOHN) Modified on 8/1/2017 to clean up text (mnw). |
| Filing 25 ANSWER to #19 Amended Complaint, by JENNIFER CHON, KATHERINE VEILLEUX.(DONAHUE, BENJAMIN) |
| Filing 24 ANSWER to #23 Amended Complaint , COUNTERCLAIM for Declaratory Judgment against ZURICH AMERICAN INSURANCE COMPANY by ELECTRICITY MAINE LLC, EMILE CLAVET, KEVIN DEAN.(STEIGELMAN, TIMOTHY) |
| Filing 23 Second AMENDED COMPLAINT Declaratory Judgment against JENNIFER CHON, EMILE CLAVET, KEVIN DEAN, ELECTRICITY MAINE LLC, KATHERINE VEILLEUX, filed by ZURICH AMERICAN INSURANCE COMPANY. (Service of Process Deadline 10/18/2017)(WHITMAN, JOHN) |
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Filing 22
ORDER granting without objection #21 Motion for Leave to File Second Amended complaint. REMINDER: After entry of this order, counsel for the plaintiff shall separately file the SECOND AMENDED DECLARATORY JUDGMENT COMPLAINT document, ECF No. 21-1, as a separate filing on the docket forthwith. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 21 Unopposed MOTION for Leave to File Second Amended Complaint by ZURICH AMERICAN INSURANCE COMPANY Responses due by 8/8/2017. (Attachments: #1 Exhibit Second Amended DJ Complaint)(WHITMAN, JOHN) |
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Filing 20
SCHEDULING ORDER: Discovery due by 11/27/2017. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 12/4/2017. Motions due by 12/18/2017. Ready for Trial on 2/5/2018. By MAGISTRATE JUDGE JOHN H. RICH III. (mnw)
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| Filing 19 AMENDED COMPLAINT against JENNIFER CHON, EMILE CLAVET, KEVIN DEAN, ELECTRICITY MAINE LLC, PROVIDER POWER LLC, SPARK HOLDCO LLC, KATHERINE VEILLEUX, filed by ZURICH AMERICAN INSURANCE COMPANY. (Service of Process Deadline 10/10/2017)(WHITMAN, JOHN) |
| Filing 18 NOTICE of Docket Entry Modification regarding #17 Amended Answer to Complaint : Docket entry modified by the Clerk's Office to reflect that it was filed in error and will be re-filed by counsel using the Amended Complaint event. (mnw) |
| Filing 17 **FILED IN ERROR** AMENDED ANSWER to #1 Complaint,, by ZURICH AMERICAN INSURANCE COMPANY. (WHITMAN, JOHN) Modified on 7/10/2017 to add filed in error notation - counsel to refile using the amended complaint event (mnw). |
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Filing 16
ORDER granting without objection #15 Motion to Amend Complaint. REMINDER: After entry of this order, counsel for the plaintiff shall separately file the AMENDED DECLARATORY JUDGMENT COMPLAINT document, ECF No. 15-1, as a separate filing on the docket forthwith. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 15 Unopposed MOTION to Amend #1 Complaint,, by ZURICH AMERICAN INSURANCE COMPANY Responses due by 7/28/2017. (Attachments: #1 Exhibit Amended Declaratory Judgment Complaint)(WHITMAN, JOHN) |
| Filing 14 STIPULATION of Dismissal (Amended) as to SparkHoldCo LLC and Provider Power LLC by EMILE CLAVET, KEVIN DEAN, ELECTRICITY MAINE LLC, PROVIDER POWER LLC, SPARK HOLDCO LLC. (STEIGELMAN, TIMOTHY) |
| Filing 13 NOTICE of Interested Parties by ELECTRICITY MAINE LLC (STEIGELMAN, TIMOTHY) |
| Filing 12 STIPULATION of Dismissal of SparkHoldCo LLC and Provider Power LLC by EMILE CLAVET, KEVIN DEAN, ELECTRICITY MAINE LLC, PROVIDER POWER LLC, SPARK HOLDCO LLC. (STEIGELMAN, TIMOTHY) |
| Filing 11 Reply to Counterclaim #9 by ZURICH AMERICAN INSURANCE COMPANY. (WHITMAN, JOHN) Modified on 6/13/2017 to clean up text (mnw). |
| Filing 10 MOTION to Dismiss for Failure to State a Claim by PROVIDER POWER LLC, SPARK HOLDCO LLC Responses due by 6/28/2017. (STEIGELMAN, TIMOTHY) |
| Filing 9 ANSWER to #1 Complaint, COUNTERCLAIM for Declaratory Judgment against ZURICH AMERICAN INSURANCE COMPANY filed by ELECTRICITY MAINE LLC, EMILE CLAVET, KEVIN DEAN.(STEIGELMAN, TIMOTHY) Modified on 6/7/2017 to clean up text (mnw). |
| Filing 8 NOTICE of Docket Entry Modification regarding #7 Answer to Complaint : Docket entry modified by the Clerk's Office to add filer Katherine Veilleux. (mnw) |
| Filing 7 ANSWER to #1 Complaint by JENNIFER CHON and KATHERINE VEILLEUX.(DONAHUE, BENJAMIN) Modified on 6/5/2017 to add filer Katherine Veilleux (mnw). |
| Set Answer Deadlines for JENNIFER CHON & KATHERINE VEILLEUX - Per Acceptance of Service #5 & #6: Answers due by 6/7/2017. (mnw) |
| Filing 6 ACKNOWLEDGEMENT OF SERVICE Executed as to KATHERINE VEILLEUX served on 5/17/2017. (DONAHUE, BENJAMIN) |
| Filing 5 ACKNOWLEDGEMENT OF SERVICE Executed as to JENNIFER CHON served on 5/17/2017. (DONAHUE, BENJAMIN) |
| Set Answer Deadlines for Electricity Maine, LLC, Emile Clavet, Kevin Dean, Spark Holdco, LLC and Provider Power, LLC - Per Acceptance of Service #4: Answers due by 6/7/2017. (mnw) |
| Filing 4 ACKNOWLEDGEMENT OF SERVICE Executed as to EMILE CLAVET served on 5/17/2017; KEVIN DEAN served on 5/17/2017; ELECTRICITY MAINE LLC served on 5/17/2017; PROVIDER POWER LLC served on 5/17/2017; SPARK HOLDCO LLC served on 5/17/2017. (HEWEY, MELISSA) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by ZURICH AMERICAN INSURANCE COMPANY. (WHITMAN, JOHN) |
| Filing Fee Received from ZURICH AMERICAN INSURANCE COMPANY: Amount Paid: $400. Receipt Number: 217000919. Method of Payment: check. Purpose of Payment: civil filing fee. Date Paid: 5/4/2017 re #1 Complaint. (bfa) |
| Filing 2 CIVIL COVER SHEET. (jwr) |
| Filing 1 COMPLAINT against JENNIFER CHON, EMILE CLAVET, KEVIN DEAN, ELECTRICITY MAINE LLC, PROVIDER POWER LLC, SPARK HOLDCO LLC, KATHERINE VEILLEUX filed by ZURICH AMERICAN INSURANCE COMPANY. 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. Fee due by 5/5/2017. (Service of Process Deadline 8/1/2017)(jwr) |
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