Acceptance Insurance Companies Inc. v. United States of America
Case Number: 8:2006cv00609
Filed: September 26, 2006
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: F. A. Gossett
Presiding Judge: Laurie Smith Camp
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1491 Tucker Act
Jury Demanded By: None
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Docket Report

This docket was last retrieved on May 13, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2008 Filing 123 RECEIPT of transfer documents from U.S. Court Federal Claims, Washington, DC (CJP)
March 25, 2008 Filing 122 Transmittal Letter sending a certified copy of the docket sheet, certified copy of Transfer Order 117 and copies of Sealed Document 41 and Sealed Document 51 to the Court of Federal Claims, Washington, DC (CJP)
March 10, 2008 Opinion or Order Filing 121 TEXT ORDER granting 120 Motion to Withdraw as Attorney. The appearance of Donald A. Brittenham, Jr. is hereby terminated as requested. Ordered by Magistrate Judge F. A. Gossett. (CLS, ) Modified on 3/12/2008 to add the word "Text"(CS, ).
March 10, 2008 Filing 120 MOTION to Withdraw as Attorney by Attorney Michael N. O'Connell on behalf of Defendant United States of America.(O'Connell, Michael)
March 5, 2008 Filing 119 Mail Returned as Undeliverable addressed to donald.brittenham@usda.gov regarding Receipt (Other) 118 . Attorney no longer in this office. E-mail resent to kim.arrigo@usda.govn per request. A notice of substitution will be filed. (JAE, )
March 3, 2008 Filing 118 RECEIPT from USCA-Federal Circuit (2007-1127) of receiving the electronic copy of the court record (volumes CV1, CV2, CV3 and CV4) (CJP)
February 12, 2008 Opinion or Order Filing 117 TRANSFER ORDER that the Plaintiff's Motion to Re-transfer the Case to the Court of Federal Claims is granted; the case is hereby transferred back to the Court of Federal Claims; and the Clerk of the Court shall take all necessary steps to accomplish the transfer; Civil Case Terminated. Ordered by Judge Laurie Smith Camp. (CJP)
January 22, 2008 Filing 116 MANDATE/JUDGMENT from USCA - Federal Circuit (2007-1127) reversing and remanding the decision of the District Court regarding Notice of Appeal to USCA 104 (CJP)
January 22, 2008 Filing 115 CERTIFIED copy of Opinion of USCA - Federal Circuit (2007-1127) regarding Notice of Appeal to USCA 104 reversing the district court's denial of Acceptance's motion to retransfer the case to the Court of Federal Claims and remand the case to the district court, with the instruction that the court transfer the suit back to the Court of Federal Claims for adjudication of Acceptance's takings claim. (Attachments: # 1 Corrected Notice)(CJP)
October 12, 2007 Filing 114 COPY of Corrected Notice from USCA - Federal Circuit (2007-1127). (CJP)
October 9, 2007 Filing 113 COPY of Opinion of USCA - Federal Circuit (2007-1127) regarding Notice of Appeal to USCA 104 reversing the district court's denial of Acceptance's motion to retransfer the case to the Court of Federal Claims and remand the case to the district court. (Attachments: # 1)(CJP)
August 14, 2007 Filing 112 Transmittal Letter of sending the electronic copy of the court record to the USCA-Federal Circuit (2007-1127) at the request of the circuit, regarding Notice of Appeal to USCA 104 . (JAE, )
January 16, 2007 Filing 111 REQUEST FOR TRANSCRIPT -A transcript not needed for this appeal. (MKR )
January 12, 2007 Filing 110 Letter by USCA for the Federal Circuit (2007-1127) of docketing the Notice of Appeal 104 . (Attachments: # 1 Transmittal Letter)(JAE, )
December 28, 2006 Filing 109 REQUEST FOR TRANSCRIPT Certification of No Transcript (Wiener, Lewis)
December 28, 2006 Filing 108 2 CERTIFIED COPIES of Notice of Appeal, Notice of Appeal to USCA 104 and Docket Sheet to Clerk, USCA - 8th Circuit including certified copies of Memorandum and Order 100 , (MKR )
December 28, 2006 Filing 107 Certificate regarding Notice of Appeal to USCA 104 Certificate of Service by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies, Inc.(Wiener, Lewis)
December 28, 2006 Filing 106 TEXT NOTICE OF DEFICIENCY by Deputy Clerk that the Notice of Appeal to USCA 104 has been filed and is considered deficient due to no certificate of service. The plaintiff shall correct the deficiency within 15 days of the date of this entry or the pleading may be stricken from the record of this case. See Administrative Procedure II.B.(MKR )
December 28, 2006 Filing 105 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA 104 . Notice of Appeal filed on 12/28/06 by Plaintiff Acceptance Insurance Companies, Inc.. NOTIFICATION TO COUNSEL: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE. SUBMIT FORM A & B TO EIGHTH CIRCUIT CLERKS OFFICE. (MKR )
December 28, 2006 Filing 104 NOTICE OF APPEAL regarding Order on Motion to Remand 100 by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies, Inc.. ( Filing fee $ 455, receipt number 899790) (Wiener, Lewis)
December 28, 2006 ***Appeal Receipt of Notice of Appeal and supporting documents transmitted to USCA on: Thu Dec 28 12:01:53 CST 2006 (MKR, )
December 15, 2006 Opinion or Order Filing 103 TEXT ORDER regarding Order to Show Cause - Attorney Deadline 98 . The order to show cause has been satisfied. In accordance with Filing 102 , the court will terminate the appearance of David Stinson as counsel for the United States.Ordered by Magistrate Judge F. A. Gossett. (CLS, )
December 15, 2006 Filing 102 RESPONSE regarding Order to Show Cause - Attorney Deadline 98 by Attorney Michael N. O'Connell on behalf of Defendant United States of America(O'Connell, Michael)
December 8, 2006 Filing 101 APPLICATION/ORDER admitting pro hac vice Attorney Donald A. Brittenham, Jr for Defendant United States of America. Ordered by Deputy Clerk. (ETC)
December 7, 2006 Opinion or Order Filing 100 ORDER denying 93 Plaintiff's Motion to Transfer Case to the Court of Federal Claims. Ordered by Judge Laurie Smith Camp. (JB)
November 30, 2006 Opinion or Order Filing 99 ORDER TO SHOW CAUSE that Attorneys Ronald Massumi and Carter L. Williams shall register for the System. Show Cause Deadline set for 12/15/2006.Ordered by Magistrate Judge F. A. Gossett. (CLS, )
November 30, 2006 Opinion or Order Filing 98 ORDER TO SHOW CAUSE that Attorney Donald A. Brittenham, Jr. and David B. Stinson shall register for admittance to practice and register for the System. Show Cause Deadline set for 12/15/2006.Ordered by Magistrate Judge F. A. Gossett. (CLS, )
November 30, 2006 Filing 97 REPLY regarding MOTION to Remand Transfer Case to United States Court of Federal Claims 93 by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies, Inc.(Wiener, Lewis)
November 17, 2006 Filing 96 RESPONSE regarding MOTION to Remand Transfer Case to United States Court of Federal Claims 93 by Attorney Michael N. O'Connell on behalf of Defendant United States of America(O'Connell, Michael)
October 31, 2006 Opinion or Order Filing 95 ORDER granting 94 Motion/letter request to extend the Rule 26(f) reporting deadline. The November 15, 2006 deadline is hereby suspended pending the court's resolution of plaintiff's Motion to Transfer 93 . A new deadline will be set, if necessary, by further order. Ordered by Magistrate Judge F. A. Gossett. THIS IS A TEXT ONLY ENTRY. NO PDF DOCUMENT IS ATTACHED. (CLS, )
October 30, 2006 Filing 93 MOTION to Remand Transfer Case to United States Court of Federal Claims by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies Inc.(Wiener, Lewis)
October 26, 2006 Filing 92 APPLICATION/ORDER admitting pro hac vice Attorney Michael N. O'Connell for Defendant United States of America. Ordered by Deputy Clerk. (MKR )
October 10, 2006 Filing 91 APPLICATION/ORDER admitting pro hac vice Attorney Lewis S. Wiener for Plaintiff Acceptance Insurance Companies Inc.. Ordered by Deputy Clerk. (MKR )
October 10, 2006 Filing 90 APPLICATION/ORDER admitting pro hac vice Attorney Ronald Massumi for Plaintiff Acceptance Insurance Companies Inc.. Ordered by Deputy Clerk. (MKR)
October 10, 2006 Filing 89 APPLICATION/ORDER admitting pro hac vice Attorney Carter L. Williams for Plaintiff Acceptance Insurance Companies Inc.. Ordered by Deputy Clerk. (MKR )
September 28, 2006 Filing 88 SCHEDULING PACKET Rule 26 Meeting Report Deadline set for 11/15/2006.Ordered by Magistrate Judge F. A. Gossett. (CLS, )
September 27, 2006 Filing 87 STRIKE ORDER that Pursuant to General Order Number 2006-01, the Attorney Letter, 86 is stricken for the following reason: the document is a duplicate of document number 85. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. Ordered by Deputy Clerk. (CJP)
September 27, 2006 Filing 86 STRICKEN - ATTORNEY LETTER by Clerk that Attorney Patrick B. Griffin has not paid the annual assessment. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (CJP) Modified on 9/27/2006 to strike per order 87 (CJP).
September 27, 2006 Filing 85 ATTORNEY LETTER by Clerk that Attorney Patrick B. Griffin has not paid the annual assessment. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MKR )
September 27, 2006 Filing 84 ATTORNEY LETTER by Clerk that Attorney Carter L. Williams has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MKR)
September 27, 2006 Filing 83 ATTORNEY LETTER by Clerk that Attorney Ronald Massumi has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MKR)
September 27, 2006 Filing 82 ATTORNEY LETTER by Clerk that Attorney John H. Williamson has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MKR )
September 27, 2006 Filing 81 ATTORNEY LETTER by Clerk that Attorney Lewis S. Wiener has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MKR )
September 27, 2006 Filing 80 ATTORNEY LETTER by Clerk that Attorney David B. Stinson has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MKR )
September 27, 2006 Filing 79 ATTORNEY LETTER by Clerk that Attorney Rawn M. James, Jr has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MKR )
September 27, 2006 Filing 78 ATTORNEY LETTER by Clerk that Attorney Donald A. Brittenham, Jr. has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MKR )
September 27, 2006 Filing 77 Letter by Clerk to attorneys of record regarding transfer of case to USDC-Nebraska. (MKR )
September 26, 2006 Filing 76 Transmittal Letter and docket sheet transferring case from the United States Court of Federal Claims, Case Number 1:03cv-2794-TCW(MKR )
September 26, 2006 Opinion or Order Filing 75 ORDER TRANSFERRING CASE to the United States District Court for the District of Nebraska (Omaha). Signed by Judge Thomas C. Wheeler. (MKR )
September 26, 2006 Opinion or Order Filing 74 ORDER denying 71 Motion to Alter Judgment. Signed by Judge Thomas C. Wheeler. (MKR )
September 26, 2006 Filing 73 REPLY to Response to Motion re 71 MOTION to Alter or Amend Judgment pursuant to Rule 59(e) to Certify Jurisdictional Issue for Appeal, filed by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies Inc.(MKR )
September 26, 2006 Filing 72 RESPONSE to 71 MOTION to Alter or Amend Judgment pursuant to Rule 59(e) to Certify Jurisdictional Issue for Appeal, filed by Attorney David B. Stinson on behalf of Defendant United States of America(MKR )
September 26, 2006 Filing 71 MOTION to Alter or Amend Judgment pursuant to Rule 59(e) to Certify Jurisdictional Issue for Appeal, filed by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies Inc.(MKR )
September 26, 2006 Filing 70 MOTION for Extension of Time until 08/31/2006 to Response to Court's July 31, 2006 Order, filed by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies Inc.(MKR )
September 26, 2006 Opinion or Order Filing 69 ORDER denying 38 Motion to Dismiss and 46 Motion for Summary Judgment. Signed by Judge Thomas C. Wheeler. (MKR )
September 26, 2006 Filing 68 RESPONSE to Plaintiff's Reponse To Questions Propounded In The Court's Order of June 14, 2006, filed by by Attorney David B. Stinson on behalf of Defendant United States of America(MKR )
September 26, 2006 Filing 67 TRANSCRIPT of Proceedings (pages 1-94) held on June 26, 2006 before Judge Thomas C. Wheeler. (MKR )
September 26, 2006 Opinion or Order Filing 66 ORDER: The Court attaches and incorporates into the record Plaintiff's bench memorandum submitted during oral argument on June 26, 2006. Signed by Judge Thomas C. Wheeler(MKR )
September 26, 2006 Opinion or Order Filing 65 ORDER: Defendant shall file its bench memorandum on or before July 10, 2006. Signed by Judge Thomas C. Wheeler.(MKR )
September 26, 2006 Opinion or Order Filing 64 ORDER regarding Oral Argument scheduled for June 26, 2006. Signed by Judge Thomas C. Wheeler.(MKR )
September 26, 2006 Filing 63 SUPPLEMENTAL Appendix in support of MOTION for Summary Judgment 46 by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies Inc.(MKR )
September 26, 2006 Filing 62 REPLY to Response to Motion re 46 MOTION for Summary Judgment and Response to Defendant's February 10, 2006 Motion for Summary Judgment, filed by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies Inc.(MKR )
September 26, 2006 Opinion or Order Filing 61 ORDER: Counsel are requested to appear for oral argument on June 26, 2006 at 10:00 AM. Signed by Judge Thomas C. Wheeler. (MKR )
September 26, 2006 Opinion or Order Filing 59 ORDER granting 57 Motion for Leave to File in Paper Format. Signed by Judge Thomas C. Wheeler.(MKR )
September 26, 2006 Filing 58 REPLY to Response to Motion re 46 MOTION for Summary Judgment and Response to Defendant's February 10, 2006 Motion for Summary Judgment, filed by Attorney David B. Stinson on behalf of Defendant United States of America(MKR)
September 26, 2006 Filing 57 MOTION for Leave to File Defendant's Response To Plaintiff's Counterstatement of Proposed Findings Of Uncontroverted Fact Under Seal In Paper Format, filed by Attorney David B. Stinson on behalf of Defendant United States of America(MKR )
September 26, 2006 Opinion or Order Filing 56 ORDER granting 55 Motion for Extension of Time to file Reply in Support of its Renewed Motion to Dismiss, or, in the alternative, for Summary Judgment Signed by Judge Thomas C. Wheeler(MKR )
September 26, 2006 Filing 55 Second MOTION for Extension of Time until 05/08/06 to File Response or Reply as to 47 Statement of Facts, 46 MOTION for Summary Judgment and Response to Defendant's February 10, 2006 Motion for Summary Judgment, filed by Attorney David B. Stinson on behalf of Defendant United States of America(MKR )
September 26, 2006 Filing 54 NOTICE of Appearance by Attorney David B. Stinson on behalf of Defendant United States of America. (MKR )
September 26, 2006 Opinion or Order Filing 53 ORDER granting 52 Defendant's Motion for Extension of Time until May 1, 2006 to File a Reply in Support of its Motion to Dismiss/Motion for Summary Judgment, and Response to Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Thomas C. Wheeler(MKR )
September 26, 2006 Filing 52 Unopposed MOTION for Extension of Time until May 1, 2006 to File Response or Reply as to 46 MOTION for Summary Judgment and Response to Defendant's February 10, 2006 Motion for Summary Judgment, filed by Attorney John H. Williamson on behalf of Defendant United States of America(MKR )
September 26, 2006 Opinion or Order Filing 50 ORDER granting 45 Motion for Leave to File a Paper Appendix. Signed by Judge Thomas C. Wheeler. (MKR )
September 26, 2006 Filing 49 AFFIDAVIT re 46 MOTION for Summary Judgment and Response to Defendant's February 10, 2006 Motion for Summary Judgment of John E. Martin by ACCEPTANCE INSURANCE COMPANIES INC(MKR )
September 26, 2006 Filing 48 RESPONSE regarding Brief 39 by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies Inc.(MKR )
September 26, 2006 Filing 47 STATEMENT OF FACTS re: 46 Motion for Summary Judgment, filed by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies Inc.(MKR )
September 26, 2006 Filing 46 MOTION for Summary Judgment and Response to Defendant's February 10, 2006 Motion for Summary Judgment, filed by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies Inc.(MKR )
September 26, 2006 Filing 45 MOTION for Leave to File a Paper Appendix to Plaintiff's Consolidated Motion For Summary Judgment and Response in Opposition to the United States' February 10, 2006 Renewed Motion to Dismiss for Lack of Subject Matter Jurisdiction or, in the Alternative, For Summary Judgment, filed by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies Inc.(MKR )
September 26, 2006 Opinion or Order Filing 44 ORDER granting 43 Motion for Extension of Time to File Response to 38 Motion to Dismiss or, in the alternative, Motion for Summary Judgment. Signed by Judge Thomas C. Wheeler. (MKR )
September 26, 2006 Filing 43 First MOTION for Extension of Time to File Response to 38 MOTION to Dismiss pursuant to Rule 12(b)(1) Or, In The Alternative, For Summary Judgment, filed by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies Inc.(MKR )
September 26, 2006 Filing 42 Unopposed MOTION For Leave To Correct Paper Appendix Filed In Support Of Defendant's Renewed Motion To Dismiss Or, In The Alternative, For Summary Judgment, filed by Attorney John H. Williamson on behalf of Defendant United States of America(MKR )
September 26, 2006 Opinion or Order Filing 40 ORDER granting 37 Motion for Leave to File Defendants appendix in paper form. Signed by Judge Thomas C. Wheeler. (MKR )
September 26, 2006 Filing 39 PROPOSED FINDINGS of Uncontroverted Fact in support of MOTION to Dismiss 38 by Attorney John H. Williamson on behalf of Defendant United States of America(MKR )
September 26, 2006 Filing 38 MOTION to Dismiss pursuant to Rule 12(b)(1) Or, In The Alternative, For Summary Judgment, filed by Attorney John H. Williamson on behalf of Defendant United States of America(MKR )
September 26, 2006 Filing 37 MOTION for Leave to File In Paper Form Defendant's Appendix In Support Of Renewed Motion To Dismiss Or, In The Alternative, For Summary Judgment, filed by by Attorney John H. Williamson on behalf of Defendant United States of America(MKR )
September 26, 2006 Opinion or Order Filing 36 ORDER granting in part and denying in part 35 Motion for Extension of Time. Signed by Judge Thomas C. Wheeler. (MKR )
September 26, 2006 Filing 35 Unopposed MOTION for Extension of Time until February 10, 2006 to to file Renewed Motion To Dismiss Or, In The Alternative, For Summary Judgment, filed by Attorney John H. Williamson on behalf of Defendant United States of America(MKR )
September 26, 2006 Opinion or Order ORDER granting 42 Motion for Leave To Correct Paper Appendix. Signed by Judge Thomas C. Wheeler. (MKR)
September 26, 2006 Opinion or Order ORDER granting 70 Motion for Extension of Time. Signed by Judge Thomas C. Wheeler. (MKR )
September 26, 2006 Opinion or Order Filing 34 ORDER/PROTECTIVE ORDER granting 31 Motion for Protective Order. Signed by Judge Thomas C. Wheeler. (MKR )
September 26, 2006 Filing 33 NOTICE of Designation of Electronic Case. (MKR )
September 26, 2006 Opinion or Order Filing 32 ORDER directing the Clerk to designate this case as an electronic (ECF) case. All future filings will be in electronic form. Signed by Judge Thomas C. Wheeler.(MKR )
September 26, 2006 Filing 31 MOTION for Protective Order by Attorney John H. Williamson on behalf of Defendant United States of America(MKR )
September 26, 2006 Opinion or Order Filing 30 SCHEDULING ORDER: Dispositive Motion(s) due by 2/3/2006. Cross Motions due by 3/10/2006. Response due by 4/10/2006. Reply due by 4/24/2006. Signed by Judge Thomas C. Wheeler(MKR )
September 26, 2006 Filing 29 TRANSCRIPT proceedings before Judge Robert H. Hodges held on November 17, 2005. (MKR )
September 26, 2006 Filing 28 NOTICE of Reassignment. Case reassigned to Judge Thomas C. Wheeler for all further proceedings. Judge Robert H. Hodges, Jr. no longer assigned to case. (MKR )
September 26, 2006 Opinion or Order Filing 27 ORDER reassigning case to Judge Thomas C. Wheeler. Signed by Judge Robert H. Hodges Jr..(MKR )
September 26, 2006 Opinion or Order Filing 26 SCHEDULING ORDER: Plaintiffs Expert Report due by 12/2/2005. Defendants Expert Report due by 1/10/2006. Depositions due by 1/18/2006. Dispositive Motions due by 1/24/2006. Cross Motions due by 3/3/2006. Response due by 4/3/2006. Reply due by 4/17/2006. Signed by Judge Robert H. Hodges Jr. (MKR )
September 26, 2006 Opinion or Order Filing 25 ORDER granting nunc pro tunc 24 Motion for Extension of Time to Complete Discovery. Discovery due by 11/7/2005. Status Conference set for 11/17/2005 at 10:00 AM before Sr. Judge Robert H. Hodges Jr. Signed by Judge Robert H. Hodges Jr. (MKR )
September 26, 2006 Filing 24 MOTION for Extension of Time,until 11/7/2005, to Complete Discovery, filed by Attorney John H. Williamson on behalf of Defendant United States of America(MKR )
September 26, 2006 Filing 23 ANSWER to Amended Complaint by Attorney John H. Williamson on behalf of Defendant United States of America Amended Complaint 22 filed by Acceptance Insurance Companies Inc., (MKR )
September 26, 2006 Filing 22 AMENDED COMPLAINT against United States of America filed by ACCEPTANCE INSURANCE COMPANIES INC. Related document: 1 Complaint filed by ACCEPTANCE INSURANCE COMPANIES INC(MKR )
September 26, 2006 Opinion or Order Filing 21 ORDER granting 20 Motion for Leave to File Amended Complaint. Discovery will end by 10/15/2005. Signed by Judge Robert H. Hodges Jr.(MKR )
September 26, 2006 Filing 20 MOTION for Leave to File First Amended Complaint by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies Inc.(MKR )
September 26, 2006 Opinion or Order Filing 19 DISCOVERY SCHEDULING ORDER: Parties Discovery due by 9/15/2005. Signed by Judge Robert H. Hodges Jr. (MKR )
September 26, 2006 Filing 18 JOINT PRELIMINARY STATUS REPORT by Attorney Lewis S. Wiener, John H. Williamson on behalf of Plaintiff Acceptance Insurance Companies Inc., Defendant United States of America(MKR )
September 26, 2006 Filing 17 ANSWER to Complaint by Attorney John H. Williamson on behalf of Defendant United States of America(MKR )
September 26, 2006 Opinion or Order Filing 16 ORDER granting 15 Defendant's Unopposed Motion for Extension of Time to Answer. Answer Due by 9/10/2004. The parties will file a Joint Preliminary Status Report on or before 10/29/2004. Signed by Judge Robert H. Hodges Jr. (MKR )
September 26, 2006 Filing 15 UNOPPOSED MOTION for Extension of Time to File Answer re: 1 Complaint and Response to the Court's 8/13/2004 Order until 9/10/2004, by USA. Service: 8/24/2004. Response due by 9/10/2004. (MKR )
September 26, 2006 Opinion or Order Filing 14 ORDER: 6 Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction Pursuant Rule 12(b)(1), and 6 Defendant's Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted Pursuant Rule 12(b)(6) is DENIED. The parties will contact the court within ten days to propose a schedule for further proceedings. Signed by Judge Robert H. Hodges Jr. (MKR )
September 26, 2006 Filing 13 TRANSCRIPT of Oral Argument on Motion to Dismiss proceedings before Judge Robert H. Hodges, Jr. held on April 15, 2004. Court Reporter: Lynnette Hardy. Total Number of Pages: 56. To purchase a copy of this transcript, please contact Lynnette Hardy (MKR )
September 26, 2006 Filing 12 REPLY in support of its MOTION to Dismiss 6 by Attorney John H. Williamson on behalf of Defendant United States of America(MKR )
September 26, 2006 Opinion or Order Filing 11 ORDER granting 10 the Defendant's Motion for enlargement to April 7. Ordered by Judge Robert H. Hodges, Jr..(MKR )
September 26, 2006 Filing 10 MOTION for Enlargement of Time by Attorney John H. Williamson on behalf of Defendant United States of America(MKR )
September 26, 2006 Opinion or Order Filing 9 ORDER: We have scheduled an oral argument for April 15 at 10:00 a.m. to discuss the Motion to Dismiss. Ordered by Judge Robert H. Hodges, Jr.. (MKR )
September 26, 2006 Opinion or Order Filing 8 ORDER: Plaintiff has explained its takings theory and the defendant may file a reply or present it at the argument. We ask that counsel agree on a convenient time for the hearing, before or soon after the time for filing a reply, and advise the court. Ordered by Judge Robert H. Hodges, Jr.. (MKR )
September 26, 2006 Filing 7 OBJECTION to Motion to Dismiss 6 by Attorney Lewis S. Wiener on behalf of Plaintiff Acceptance Insurance Companies Inc.(MKR )
September 26, 2006 Filing 6 MOTION to Dismiss for Lack of subject matter jurisdiction and Failure to state a claim upon which relief can be granted by Attorney John H. Williamson on behalf of Defendant United States of America(MKR )
September 26, 2006 Opinion or Order Filing 5 ORDER: The Defendant's answer is due February 9. We do not expect to extend this deadline. If the appropriate agency has not cooperated in providing a litigation report or other hindrances have arisen, counsel should address these matters promptly. The Answer or other pleadings should address the issues that we raised in the December 19 Order. Ordered by Judge Robert H. Hodges, Jr.. (MKR )
September 26, 2006 Filing 4 NOTICE of Appearance by Attorney John H. Williamson on behalf of Defendant United States of America (MKR )
September 26, 2006 Opinion or Order Filing 3 ORDER: Plaintiff's allegations do not seem to fit the typical regulatory takings construct, as they are stated in this complaint. We will await defendant's Answer, due February 9; meanwhile we would be interested to see any cases that plaintiff has that discuss similar fact situations in a takings context as opposed to APA, for example. Ordered by Judge Robert H Hodges, Jr.. (MKR )
September 26, 2006 Filing 2 Case Assigned to Judge Robert H. Hodges. (MKR )
September 26, 2006 Filing 1 COMPLAINT against United States of America. No Summons issued, with receipt number 059309, in the amount of $ 150 by Attorney Lewis S. Wiener on behalf of Acceptance Insurance Companies Inc.(MKR )
September 26, 2006 Minute Entry or proceedings held before Judge Robert H. Hodges Jr: Oral Argument held on April 15, 2004. (MKR )
September 26, 2006 Remark - Public- this case was transferred from United States Court of Federal Claims on 9/13/06 and received by this court on 9/26/06. (MKR )

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