Zayed v. Arch Insurance Company
Plaintiff: R. J. Zayed
Defendant: Arch Insurance Company
Case Number: 0:2011cv01319
Filed: May 20, 2011
Court: US District Court for the District of Minnesota
Office: DMN Office
County: Hennepin
Presiding Judge: Tony N Leung
Referring Judge: Patrick J Schiltz
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 30, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2013 Opinion or Order Filing 74 ORDER DISMISSING CASE. Signed by Judge Patrick J. Schiltz on 08/30/13. (BJS)
August 29, 2013 Filing 73 STIPULATION of Dismissal by Arch Insurance Company, R. J. Zayed. (Simpson, M)
June 17, 2013 Filing 72 Minute Entry for proceedings held before Magistrate Judge Tony N. Leung: Settlement Conference held on 6/17/2013. Settlement reached. Terms stated on the record. (kt)
April 2, 2013 Opinion or Order Filing 71 AMENDED ORDER FOR Settlement Conference set for 6/17/2013 09:30 AM in Judge's Chambers, Suite 342 (STP) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 4/2/13. (kt)
March 21, 2013 Opinion or Order Filing 70 ORDER FOR SETTLEMENT CONFERENCE. Settlement Conference set for 5/17/2013 09:30 AM in Judge's Chambers, Suite 342 (STP) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 3/21/13. (GMW)
March 20, 2013 Opinion or Order Filing 69 ORDER granting in part and denying without prejudice in part #32 Motion for Summary Judgment; denying with prejudice in part and denying without prejudice in part #37 Motion for Summary Judgment. IT IS HEREBY ORDERED THAT: 1. The motion for summary judgment of defendant Arch Insurance Company #32 is GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART. a. Arch's motion is GRANTED insofar as Arch seeks a determination that it is not required to indemnify Mesa and Baker for liability incurred in connection with the underlying state-court action. b. Arch's motion is DENIED WITHOUT PREJUDICE insofar as Arch seeks a determination that it did not violate its duty to defend Mesa and Baker in the underlying state-court action. 2. The motion for summary judgment of plaintiff R.J. Zayed, in his capacity as court-appointed receiver for Trevor G. Cook, et al. #37 , is DENIED WITH PREJUDICE IN PART and DENIED WITHOUT PREJUDICE IN PART. a. Zayed's motion is DENIED WITH PREJUDICE insofar as Zayed seeks a determination that Arch is required to indemnify Mesa and Baker for liability incurred in connection with the underlying state-court action. b. Zayed's motion is DENIED WITHOUT PREJUDICE insofar as Zayed seeks a determination that Arch violated its duty to defend Mesa and Baker in the underlying state-court action. (Written Opinion). Signed by Judge Patrick J. Schiltz on March 20, 2013. (clg)
January 9, 2013 Filing 68 TRANSCRIPT of Motions Hearing held on 11/14/2012 before Judge Patrick J. Schiltz. (102 pages). Court Reporter: Debra Beauvais (E-mail: Debra_Beauvais@mnd.uscourts.gov. Telephone: (612) 664-5102). Redaction Request due 1/30/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/9/2013. For information on redaction procedures, please review #Local Rule 5.5. (db)
January 9, 2013 Filing 67 NOTICE of Filing of Official Transcript. A total of 1 transcripts are associated with this filing. (db)
November 28, 2012 Filing 66 MEMORANDUM in Opposition re #32 MOTION for Summary Judgment filed by R. J. Zayed. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Cofell-Dwyer, Kieran)
November 28, 2012 Filing 65 MEMORANDUM in Support re #32 MOTION for Summary Judgment Supplemental filed by Arch Insurance Company. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Simpson, M)
November 14, 2012 Filing 64 Minute Entry for proceedings held before Judge Patrick J. Schiltz: Motion Hearing held on 11/14/2012 re #32 MOTION for Summary Judgment filed by Arch Insurance Company, #37 MOTION for Summary Judgment filed by R. J. Zayed. Motions taken under advisement, written order forthcoming. (Court Reporter Debra Beauvais) (clg)
November 13, 2012 Filing 63 *TEXT ONLY ENTRY* NOTICE of Resetting of Hearing: 60 The hearing on the parties' cross motions for summary judgment #32 #37 scheduled for Wednesday, November 14, 2012 will commence at 1:00 p.m. in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. NOTE TIME CHANGE. (clg)
October 25, 2012 Filing 62 NOTICE OF HEARING ON MOTION #32 MOTION for Summary Judgment : Motion Hearing set for 11/14/2012 02:00 PM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. (Simpson, M)
October 24, 2012 Filing 61 AMENDED NOTICE of Hearing on Motion: #37 MOTION for Summary Judgment : Motion Hearing set for 11/14/2012 02:00 PM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. (Cofell-Dwyer, Kieran)
October 23, 2012 Filing 60 *TEXT ONLY ENTRY* NOTICE of Cancelation & Resetting of Hearing: Cross motions for summary judgment #32 #37 previously scheduled for 10/26/2012 are CANCELLED and RESCHEDULED for Wednesday, November 14, 2012 at 2:00 p.m. in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. NOTE DATE AND TIME CHANGE. (clg)
August 23, 2012 Filing 59 *TEXT ONLY ENTRY* NOTICE of Resetting of Hearing: Motion Hearing re #32 and #37 set for 10/26/2012 at 9:00 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. NOTE TIME CHANGE ONLY.(clg)
August 7, 2012 Filing 58 AMENDED NOTICE of Hearing on Motion: #37 MOTION for Summary Judgment : Motion Hearing set for 10/26/2012 08:30 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. (Cofell-Dwyer, Kieran)
August 7, 2012 Filing 57 NOTICE OF HEARING ON MOTION #32 MOTION for Summary Judgment : Motion Hearing set for 10/26/2012 08:30 AM in Courtroom 14E (MPLS) before Judge Patrick J. Schiltz. (Simpson, M)
August 2, 2012 Filing 56 TEXT-ONLY ENTRY. CLERK'S NOTICE OF REASSIGNMENT. This case is reassigned to Judge Patrick J. Schiltz and Magistrate Judge Tony N. Leung. Judge Joan N. Ericksen, Magistrate Judge Franklin L. Noel no longer assigned to the case. NOTE: the new case number is 11-cv-1319 PJS/TNL. Please use this case number for all subsequent pleadings. This case is reassigned back to Judge Patrick J. Schiltz and Magistrate Judge Tony N. Leung as the original presiding and referral judges. (LJG)
July 31, 2012 Opinion or Order Filing 55 ORDER OF RECUSAL. Chief Judge Michael J. Davis recused. Case reassigned to Judge Joan N. Ericksen for all further proceedings. NOTE: the new case number is 11cv1319 JNE/FLN. Please use this case number for all subsequent pleadings. Signed by Chief Judge Michael J. Davis on 7/31/2012. (JME)
July 25, 2012 Filing 54 Reply to Response to Motion re #32 MOTION for Summary Judgment filed by Arch Insurance Company. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate, #2 Certificate of Service)(Simpson, M)DOCUMENT RECEIVED IN CLERK'S OFFICE 7/25/12 Modified on 8/13/2012 (jam).
July 25, 2012 Filing 53 Reply to Response to Motion re #37 MOTION for Summary Judgment filed by R. J. Zayed. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Cofell-Dwyer, Kieran)
July 13, 2012 Filing 52 CERTIFICATE OF SERVICE by Arch Insurance Company re #50 Memorandum in Opposition to Motion, #51 Declaration in Opposition (Wiegert, Joel)
July 13, 2012 Filing 51 DECLARATION of Joan M. Gilbride in Opposition to #37 MOTION for Summary Judgment filed by Arch Insurance Company. (Attachments: #1 Exhibit(s) Placeholder for Exhibits 34-38)(Wiegert, Joel)DOCUMENT RECEIVED IN CLERK'S OFFICE 7/13/12 Modified on 7/16/2012 (jam).
July 13, 2012 Filing 50 MEMORANDUM in Opposition re #37 MOTION for Summary Judgment filed by Arch Insurance Company. (Attachments: #1 LR7.1 Word Count Compliance Certificate)(Wiegert, Joel)DOCUMENT RECEIVED IN CLERK'S OFFICE 7/13/12 Modified on 7/16/2012 (jam).
July 13, 2012 Filing 49 AFFIDAVIT of Kieran P. Dwyer in OPPOSITION TO #32 MOTION for Summary Judgment filed by R. J. Zayed. (Attachments: #1 Exhibits 41 to 44)(Cofell-Dwyer, Kieran) Modified on 7/13/2012 (akl).
July 13, 2012 Filing 48 MEMORANDUM in Opposition re #32 MOTION for Summary Judgment filed by R. J. Zayed. (Attachments: #1 LR7.1 Word Count Compliance Certificate)(Cofell-Dwyer, Kieran)
June 20, 2012 Filing 47 AFFIDAVIT of Marlee Jansen in SUPPORT OF #37 MOTION for Summary Judgment filed by R. J. Zayed. (Cofell-Dwyer, Kieran)
June 18, 2012 Filing 46 AMENDED NOTICE of Hearing on Motion: #32 MOTION for Summary Judgment : Motion Hearing set for 10/12/2012 09:30 AM in Courtroom 15E (MPLS) before Chief Judge Michael J. Davis. (Wiegert, Joel)
June 18, 2012 Filing 45 EXHIBIT re #41 Affidavit in Support of Motion,, Exhibit 37 Filed Under Seal by R. J. Zayed. (Attachments: #1 Dwyer Affidavit Exhibits 38-40)(Cofell-Dwyer, Kieran) Modified text on 6/18/2012 (jz). Modified on 6/18/2012 (kt).
June 15, 2012 Filing 44 CERTIFICATE OF SERVICE by R. J. Zayed re #37 MOTION for Summary Judgment (Cofell-Dwyer, Kieran)
June 15, 2012 Filing 43 AFFIDAVIT of Richard G. Wilson with attached Exhibits A-B in SUPPORT OF #37 MOTION for Summary Judgment filed by R. J. Zayed. (Cofell-Dwyer, Kieran) Modified on 6/18/2012 (akl).
June 15, 2012 Filing 42 AFFIDAVIT of Kevin Carpenter with attached Exhibit A1 in SUPPORT OF #37 MOTION for Summary Judgment filed by R. J. Zayed. (Cofell-Dwyer, Kieran) Modified on 6/18/2012 (akl).
June 15, 2012 Filing 41 AFFIDAVIT of Kieran P. Dwyer in SUPPORT OF #37 MOTION for Summary Judgment filed by R. J. Zayed. (Attachments: #1 Exhibit(s) Dwyer Affidavit Exhibits 1-5, #2 Exhibit(s) Dwyer Affidavit Exhibits 6-10, #3 Exhibit(s) Dwyer Affidavit Exhibits 11-20, #4 Exhibit(s) Dwyer Affidavit Exhibits 21-22, #5 Exhibit(s) Dwyer Affidavit Exhibits 23-29, #6 Exhibit(s) Dwyer Affidavit Exhibits 30-35, #7 Placeholder for Dwyer Affidavit Exhibit 36 Filed Under Seal, #8 Placeholder for Dwyer Affidavit Exhibit 37 Filed Under Seal, #9 ATTACHMENT FILED IN ERROR-WILL REFILE-Exhibit(s) Dwyer Affidavit Exhibits 38-40) SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 6/15/12. (Cofell-Dwyer, Kieran) Modified on 6/18/2012 (akl). Modified on 6/18/2012 (akl).
June 15, 2012 Filing 40 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by R. J. Zayed re #39 Memorandum in Support of Motion filed by R. J. Zayed. (Cofell-Dwyer, Kieran)
June 15, 2012 Filing 39 MEMORANDUM in Support re #37 MOTION for Summary Judgment filed by R. J. Zayed. (Cofell-Dwyer, Kieran)
June 15, 2012 Filing 38 NOTICE OF HEARING ON MOTION #37 MOTION for Summary Judgment : Motion Hearing set for 10/12/2012 09:30 AM in Courtroom 15E (MPLS) before Chief Judge Michael J. Davis. (Cofell-Dwyer, Kieran) Modified on 6/18/2012 (akl).
June 15, 2012 Filing 37 MOTION for Summary Judgment by R. J. Zayed. (Cofell-Dwyer, Kieran)
June 15, 2012 Filing 36 CERTIFICATE OF SERVICE by Arch Insurance Company re #32 MOTION for Summary Judgment , #33 Notice of Hearing on Motion, #35 Declaration in Support, #34 Memorandum in Support of Motion (Wiegert, Joel)
June 15, 2012 Filing 35 Declaration of Joan M. Gilbride in Support of #32 MOTION for Summary Judgment filed by Arch Insurance Company. (Attachments: #1 Exhibit(s) 1-5, #2 Exhibit(s) 7, #3 Exhibit(s) 10, #4 Exhibit(s) 13, #5 Exhibit(s) 20-22, #6 Exhibit(s) 23-26, #7 Exhibit(s) 28, #8 Exhibit(s) Under Seal Exhibits)(Wiegert, Joel) Modified on 6/15/2012 (akl). DOCUMENTS RECEIVED IN CLERK'S OFFICE 6/18/12 Modified on 6/18/2012 (jam).
June 15, 2012 Filing 34 MEMORANDUM in Support re #32 MOTION for Summary Judgment filed by Arch Insurance Company. (Attachments: #1 LR7.1 Word Count Compliance Certificate)(Wiegert, Joel) DOCUMENT RECEIVED IN CLERK'S OFFICE 6/18/12 Modified on 6/18/2012 (jam).
June 15, 2012 Filing 33 NOTICE OF HEARING ON MOTION #32 MOTION for Summary Judgment : Motion Hearing set for 10/12/2012 09:30 AM in Courtroom 15E (MPLS) before Chief Judge Michael J. Davis. (Wiegert, Joel)
June 15, 2012 Filing 32 MOTION for Summary Judgment by Arch Insurance Company. (Wiegert, Joel)
June 15, 2012 Filing 31 NOTICE of Appearance by Joel T Wiegert on behalf of Arch Insurance Company. (Wiegert, Joel)
May 29, 2012 Opinion or Order Filing 30 ORDER GRANTING EXTENEDED BRIEFING SCHEDULE AND HEARING DATE re #29 Stipulation filed by R. J. Zayed, Arch Insurance Company. Signed by Chief Judge Michael J. Davis on 5/29/12. (KMW)
May 23, 2012 Filing 29 STIPULATION Regarding Briefing Schedule For Summary Judgment Motions by Arch Insurance Company, R. J. Zayed. (Cofell-Dwyer, Kieran)
April 25, 2012 Opinion or Order Filing 28 ORDER GRANTING STIPULATION TO AMEND COMPLAINT. Signed by Magistrate Judge Franklin L. Noel on 4/25/12. (akl)
April 24, 2012 Filing 27 STIPULATION to Amend Complaint by Arch Insurance Company, R. J. Zayed. (Attachments: #1 Exhibit(s) First Amended Complaint, #2 Exhibit(s) First Amended Complaint-Redlined)(Cofell-Dwyer, Kieran)
March 19, 2012 Opinion or Order Filing 26 ORDER GRANTING STIPULATION TO EXTEND EXPERT DISCLOSURES DEADLINE. Signed by Magistrate Judge Franklin L. Noel on 3/9/12. (akl)
March 9, 2012 Filing 25 STIPULATION re #24 Order, Set Scheduling Order Deadlines, #17 Scheduling Order, #22 Order To Extend Expert Disclosures Deadline by Arch Insurance Company, R. J. Zayed. (Pfeifer, Katie)
January 6, 2012 Opinion or Order Filing 24 ORDER GRANTING STIPULATION TO EXTEND PRETRIAL DEADLINES: (Discovery due by 5/1/2012, Motions (non-disp) due 5/1/2012, Motions (disp) due by 7/1/2012, Ready for trial due by 11/1/2012). Signed by Magistrate Judge Franklin L. Noel on 1/4/12. (akl)
December 28, 2011 Filing 23 STIPULATION to Extend Pretrial Deadlines by Arch Insurance Company, R. J. Zayed. (Pfeifer, Katie) Modified text on 12/28/2011 (lmb).
December 1, 2011 Opinion or Order Filing 22 ORDER GRANTING STIPULATION TO EXTEND PRETRIAL DEADLINE. Signed by Magistrate Judge Franklin L. Noel on 12/1/11. (akl)
November 30, 2011 Filing 21 CERTIFICATE OF SERVICE ON PROPOSED ORDER by R. J. Zayed re #20 Stipulation (Pfeifer, Katie)
November 30, 2011 Filing 20 STIPULATION to Extend Pretrial Deadline by Arch Insurance Company, R. J. Zayed. (Pfeifer, Katie)
November 30, 2011 Opinion or Order Filing 19 PROTECTIVE ORDER. Signed by Magistrate Judge Franklin L. Noel on 11/29/11. (akl)
November 23, 2011 Filing 18 STIPULATION For Protective Order by Arch Insurance Company, R. J. Zayed. (Pfeifer, Katie)
September 14, 2011 Opinion or Order Filing 17 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 11/18/2011, Discovery due by 3/1/2012, Motions (non-disp) due 3/1/2012, Motions (disp) due by 5/1/2012, Ready for trial due by 9/1/2012. Signed by Magistrate Judge Franklin L. Noel on 9/13/11. (akl)
September 13, 2011 Filing 16 Minute Entry for proceedings held before Magistrate Judge Franklin L. Noel: Initial Pretrial Conference held on 9/13/2011. (jz)
August 25, 2011 Filing 15 REPORT of Rule 26(f) Planning Meeting by Arch Insurance Company, R. J. Zayed.(Cofell-Dwyer, Kieran)
July 28, 2011 Filing 14 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Pretrial Conference set for 9/13/2011 09:15 AM in Judge's Chambers 9W (MPLS) before Magistrate Judge Franklin L. Noel). Signed by Magistrate Judge Franklin L. Noel on 7/28/11. (Attachments: #1 Consent Form)(akl)
July 27, 2011 Filing 13 RULE 7.1 DISCLOSURE STATEMENT. Arch Capital Group Ltd. is a corporate parent of Defendant Arch Insurance Company. (Simpson, M)
July 27, 2011 Filing 12 ANSWER to Complaint by Arch Insurance Company. (Simpson, M)
July 18, 2011 Opinion or Order Filing 11 ORDER: Arch Insurance Company answer due 7/27/2011. Signed by Magistrate Judge Franklin L. Noel on 7/18/11. (akl)
July 14, 2011 Opinion or Order TEXT ONLY ENTRY - ORDER granting #6 , #7 , #8 Motions for Admission Pro Hac Vice of attorneys Paul T. Curley, Patrick Stoltz and Joan M. Gilbride for Arch Insurance Company. Fees paid; receipt number 4-056656.Approved by Magistrate Judge Franklin L. Noel on 7/14/11. (MMC)
July 12, 2011 Filing 10 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Arch Insurance Company re #9 Stipulation to Extend Time to Answer (Simpson, M)
July 12, 2011 Filing 9 STIPULATION TO EXTEND TIME TO ANSWER by Arch Insurance Company. (Simpson, M)
July 12, 2011 Filing 8 MOTION for Admission Pro Hac Vice for Joan M. Gilbride by Arch Insurance Company. (Simpson, M)
July 12, 2011 Filing 7 MOTION for Admission Pro Hac Vice for Patrick Stoltz by Arch Insurance Company. (Simpson, M)
July 12, 2011 Filing 6 MOTION for Admission Pro Hac Vice for Paul T. Curley by Arch Insurance Company. (Simpson, M)
June 29, 2011 Filing 5 SUMMONS Returned Executed by R. J. Zayed. Arch Insurance Company served on 6/22/2011, answer due 7/13/2011. (Cofell-Dwyer, Kieran)
June 29, 2011 Filing 4 DOCUMENT FILED IN ERROR-WILL REFILE SUMMONS Returned Executed by R. J. Zayed. Arch Insurance Company served on 6/22/2011, answer due 8/22/2011., SUMMONS Returned Executed by R. J. Zayed. Arch Insurance Company served on 6/22/2011, answer due 8/22/2011. (Cofell-Dwyer, Kieran) Modified on 6/29/2011 (mmp).
May 24, 2011 Opinion or Order Filing 3 ORDER FOR REASSIGNMENT OF RELATED CASES. Case reassigned to Chief Judge Michael J. Davis and Magistrate Judge Franklin L. Noel for all further proceedings. Judge Patrick J. Schiltz, Magistrate Judge Tony N. Leung no longer assigned to case. The new case number is 11cv1319 MJD/FLN. Signed by Chief Judge Michael J. Davis and Judge Patrick J. Schiltz on 5/23/2011. (JME)
May 23, 2011 Filing 2 EXHIBIT A re #1 Complaint, by R. J. Zayed filed by R. J. Zayed. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D). (Cofell-Dwyer, Kieran) Modified text on 5/24/2011 (lmb).
May 20, 2011 Filing 1 COMPLAINT against Arch Insurance Company ( Filing fee $ 350 receipt number 40054549.) assigned to Judge Patrick J. Schiltz per Master List and referred to Magistrate Judge Tony N. Leung, filed by R. J. Zayed. (Attachments: #1 Civil Cover Sheet) (kt)
May 20, 2011 Summons Issued as to Arch Insurance Company. (kt)

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Defendant: Arch Insurance Company
Represented By: M Gregory Simpson
Represented By: Joel T Wiegert
Represented By: Patrick Stoltz
Represented By: Joan M Gilbride
Represented By: Paul T Curley
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Plaintiff: R. J. Zayed
Represented By: Kieran P. Dwyer
Represented By: Katie C Pfeifer
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