President and Fellows of Harvard College v. Zurich American Insurance Company
| President and Fellows of Harvard College |
| Zurich American Insurance Company |
| 1:2021cv11530 |
| September 17, 2021 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| None |
Docket Report
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This docket was last retrieved on November 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 48 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #43 Motion to impound. (Folan, Karen) |
| Filing 47 First MEMORANDUM in Opposition re #28 MOTION for Summary Judgment filed by President and Fellows of Harvard College. (Gilinsky, Marshall) |
| Filing 46 First AFFIDAVIT in Opposition re #28 MOTION for Summary Judgment filed by President and Fellows of Harvard College. (Gilinsky, Marshall) |
| Filing 45 DECLARATION re #28 MOTION for Summary Judgment by President and Fellows of Harvard College. (Attachments: #1 Exhibit A - Harvard's response to Zurich's request for Admission, #2 Exhibit B- SFFA Findings of Fact and Conclusions of Law (Z511-641), #3 Exhibit C- First Circuit Decision, #4 Exhibit D - SFFA Petition for Writ of Cert (Z157-212), #5 Exhibit E - DOJ Letter Sept. 20, 2017, #6 Exhibit F - AIG Oct. 27, 2017 Letter re DOJ, #7 Exhibit G - Marsh November 17, 2017 Letter, #8 Exhibit H - Zurich August 30, 2017 Letter (Z1732-35, #9 Exhibit I - Marsh Sept. 28, 3027 DOJ Notice to Zurich, #10 Exhibit J - Harvard March 10, 2021 Letter, #11 Exhibit K - News Articles, #12 Exhibit L - Deal Memos (A-E) Filed Under Seal, #13 Exhibit M - Creighton - Chun Emails - Z001546, #14 Exhibit N - 11-9-2018 Email - HU0013328, #15 Exhibit O - Slipsheet for Susan Fortin Email)(Gilinsky, Marshall) (Attachment 12 replaced on 9/20/2022) (McManus, Caetlin). (Attachment 15 replaced on 9/20/2022) (McManus, Caetlin). |
| Filing 44 First Statement of Material Facts L.R. 56.1 re #28 MOTION for Summary Judgment filed by President and Fellows of Harvard College. (Gilinsky, Marshall) |
| Filing 43 First MOTION Joint Motion to Impound by President and Fellows of Harvard College.(Gilinsky, Marshall) |
| Filing 42 AFFIDAVIT in Opposition re #31 MOTION to Compel Discovery and Response to Zurichs Motion for Protective Order (Dkt. 26), #34 MOTION for Discovery Pursuant to Rule 56(d) Declaration of Julye Frankland filed by Zurich American Insurance Company. (Margulis, Andrew) |
| Filing 41 AFFIDAVIT in Opposition re #31 MOTION to Compel Discovery and Response to Zurichs Motion for Protective Order (Dkt. 26), #34 MOTION for Discovery Pursuant to Rule 56(d) Declaration of Andrew L. Margulis filed by Zurich American Insurance Company. (Attachments: #1 Exhibit Ex A--Initial Disclosures, #2 Exhibit Ex B--Letter)(Margulis, Andrew) |
| Filing 40 MEMORANDUM in Opposition re #34 MOTION for Discovery Pursuant to Rule 56(d) filed by Zurich American Insurance Company. (Margulis, Andrew) |
| Filing 39 MEMORANDUM in Opposition re #31 MOTION to Compel Discovery and Response to Zurichs Motion for Protective Order (Dkt. 26) filed by Zurich American Insurance Company. (Margulis, Andrew) |
| Filing 38 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #37 Motion for Extension of Time to File Response/Reply - Responses due by 9/16/2022 as to #31 MOTION to Compel, #34 MOTION for Discovery Pursuant to Rule 56(d), Responses due by 9/19/2022 as to #28 MOTION for Summary Judgment (Currie, Haley) |
| Filing 37 First MOTION for Extension of Time to September 16 and September 19, 2022 to File Response/Reply as to #31 MOTION to Compel Discovery and Response to Zurichs Motion for Protective Order (Dkt. 26), #28 MOTION for Summary Judgment , #34 MOTION for Discovery Pursuant to Rule 56(d) by Zurich American Insurance Company.(Avila, Andres) |
| Filing 36 DECLARATION re #34 MOTION for Discovery Pursuant to Rule 56(d) of Marshall Gilinsky by President and Fellows of Harvard College. (Gilinsky, Marshall) |
| Filing 35 MEMORANDUM in Support re #34 MOTION for Discovery Pursuant to Rule 56(d) filed by President and Fellows of Harvard College. (Gilinsky, Marshall) |
| Filing 34 MOTION for Discovery Pursuant to Rule 56(d) by President and Fellows of Harvard College.(Gilinsky, Marshall) |
| Filing 33 DECLARATION re #31 MOTION to Compel Discovery and Response to Zurichs Motion for Protective Order (Dkt. 26) by President and Fellows of Harvard College. (Attachments: #1 Exhibit A Zurich Response to Harvard RFPs, #2 Exhibit B Zurich Response to Harvard First Interrogatories, #3 Exhibit C 2022.06.03 Letter - M Gilinsky to A Margulis, #4 Exhibit D 2022.06.29 Letter - Harvard Follow Up to June 14 Call with Zurich, #5 Exhibit E 2022.07.07 - Middlebrooks letter 7-7-2022, #6 Exhibit F 2022.07.11 Letter Harvard Follow up to July 7 Letter from Zurich (002), #7 Exhibit G 2022.07.15 - Middlebrooks letter 7-15-22, #8 Exhibit H, #9 Exhibit I 2022.07.19 Harvard - Notice of Deposition, #10 Exhibit J 2022.08.04 - Gilinsky letter 8-4-2022, #11 Exhibit K)(Gilinsky, Marshall) |
| Filing 32 MEMORANDUM in Support re #31 MOTION to Compel Discovery and Response to Zurichs Motion for Protective Order (Dkt. 26) filed by President and Fellows of Harvard College. (Gilinsky, Marshall) |
| Filing 31 MOTION to Compel Discovery and Response to Zurichs Motion for Protective Order (Dkt. 26) by President and Fellows of Harvard College.(Gilinsky, Marshall) |
| Filing 30 MEMORANDUM in Support re #28 MOTION for Summary Judgment filed by Zurich American Insurance Company. (Margulis, Andrew) |
| Filing 29 Statement of Material Facts L.R. 56.1 re #28 MOTION for Summary Judgment filed by Zurich American Insurance Company. (Margulis, Andrew) |
| Filing 28 MOTION for Summary Judgment by Zurich American Insurance Company. (Attachments: #1 Affidavit Declaration of Andrew L. Margulis, #2 Exhibit Ex A, #3 Exhibit Ex B, #4 Exhibit Ex C, #5 Exhibit Ex D, #6 Exhibit Ex E, #7 Exhibit Ex F)(Margulis, Andrew) |
| Filing 27 MEMORANDUM in Support re #26 MOTION for Protective Order filed by Zurich American Insurance Company. (Margulis, Andrew) |
| Filing 26 MOTION for Protective Order by Zurich American Insurance Company. (Attachments: #1 Affidavit Declaration of Andrew L. Margulis, #2 Exhibit Ex A, #3 Exhibit Ex B, #4 Exhibit Ex C, #5 Exhibit Ex D, #6 Exhibit Ex E, #7 Exhibit Ex F, #8 Exhibit Ex G, #9 Exhibit Ex H, #10 Exhibit Ex I, #11 Exhibit Ex J, #12 Exhibit Ex K, #13 Exhibit Ex L, #14 Exhibit Ex M, #15 Exhibit Ex N)(Margulis, Andrew) |
| Filing 25 Judge Allison D. Burroughs: ORDER entered granting #24 Motion for Protective Order. (Folan, Karen) |
| Filing 24 Assented to MOTION for Protective Order and FRE 502(d) Stipulation by Zurich American Insurance Company. (Attachments: #1 Text of Proposed Order Stipulated FRE 502(d) and [proposed] Protective Order with Exhibit A)(Avila, Andres) |
| Filing 23 NOTICE of Appearance by Jade W Sobh on behalf of President and Fellows of Harvard College (Sobh, Jade) |
| Filing 22 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. APPROVING #20 JOINT STATEMENT re scheduling conference. Initial Disclosures due 3/11/22, Amended Pleadings due by 5/31/2022, Fact Discovery to be completed by 10/28/2022, Expert disclosures by 11/15/22, Dispositive Motions due by 2/21/2023, Oppositions to dispositive motions due 3/20/23, Replies to dispositive motions due 3/31/23. Status Conference set for 11/3/2022 09:15 AM in Remote Proceeding : Boston before Judge Allison D. Burroughs. Trial date will be set at the Status Conference. (Folan, Karen) |
| Filing 21 CERTIFICATION pursuant to Local Rule 16.1 (D)(3) by President and Fellows of Harvard College.(Gilinsky, Marshall) |
| Filing 20 Proposed JOINT STATEMENT re scheduling conference . (Gilinsky, Marshall) |
| Filing 19 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #18 Motion for Leave to Appear Pro Hac Vice Added Jade W. Sobh. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause.(McManus, Caetlin) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice for admission of Jade W. Sobh Filing fee: $ 100, receipt number AMADC-9211297 by President and Fellows of Harvard College. (Attachments: #1 Certification of Jade W. Sobh in Support of Pro Hac Vice Application)(Gilinsky, Marshall) |
| Filing 17 NOTICE of Appearance by Andres Avila on behalf of Zurich American Insurance Company (Avila, Andres) |
| Filing 16 NOTICE of Appearance by Paul T Muniz on behalf of Zurich American Insurance Company (Muniz, Paul) |
| Filing 15 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #13 Motion for Leave to Appear Pro Hac Vice Added Andrew L. Margulis. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin) |
| Filing 14 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #12 Motion for Leave to Appear Pro Hac Vice Added Andres Avila. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin) |
| Filing 13 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Andrew Margulis Filing fee: $ 100, receipt number AMADC-9198053 by Zurich American Insurance Company. (Attachments: #1 Affidavit Affidavit of Andrew Margulis)(Muniz, Paul) |
| Filing 12 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Andres Avila Filing fee: $ 100, receipt number AMADC-9198005 by Zurich American Insurance Company. (Attachments: #1 Affidavit Affidavit of Andres Avila)(Muniz, Paul) |
| Filing 11 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties shall submit a joint proposed schedule by 3/4/22 and indicate whether they object to the court setting a schedule on the written submission.(Folan, Karen) |
| Filing 10 NOTICE of Appearance by Ethan W Middlebrooks on behalf of President and Fellows of Harvard College (Middlebrooks, Ethan) |
| Filing 9 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #8 Motion for Leave to Appear Pro Hac Vice Added Ethan W. Middlebrooks. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Ethan M. Middlebrooks Filing fee: $ 100, receipt number AMADC-9174324 by President and Fellows of Harvard College. (Attachments: #1 Exhibit EM Certification)(Gilinsky, Marshall) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Zurich American Insurance Company. (Muniz, Paul) |
| Filing 6 ANSWER to #1 Complaint, by Zurich American Insurance Company.(Muniz, Paul) |
| Filing 5 WAIVER OF SERVICE Returned Executed by President and Fellows of Harvard College. Zurich American Insurance Company waiver sent on 12/10/2021, answer due 2/8/2022. (Gilinsky, Marshall) |
| Filing 4 Summons Issued as to Zurich American Insurance Company. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by President and Fellows of Harvard College. (Gilinsky, Marshall) |
| Filing 1 COMPLAINT against Zurich American Insurance Company Filing fee: $ 402, receipt number 0101-8953331 (Fee Status: Filing Fee paid), filed by President and Fellows of Harvard College. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Category Form)(Gilinsky, Marshall) |
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| Plaintiff: President and Fellows of Harvard College | |
| Represented By: | Marshall Gilinsky |
| Represented By: | Ethan W Middlebrooks |
| Represented By: | Jade W Sobh |
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| Defendant: Zurich American Insurance Company | |
| Represented By: | Andrew L. Margulis |
| Represented By: | Andres Avila |
| Represented By: | Paul T Muniz |
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