HCC Insurance Holdings, Inc. v. Day
| HCC Insurance Holdings, Inc. |
| Christopher A Day |
| Applied Specialty Underwriters, LLC |
| 8:2021cv00147 |
| April 12, 2021 |
| US District Court for the District of Nebraska |
| Robert F Rossiter |
| Cheryl R Zwart |
| Other Statutory Actions |
| None |
Docket Report
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| Filing 35 NOTICE of Case Dismissal With Prejudice by Attorney Gilbert P. Brosky on behalf of Plaintiff HCC Insurance Holdings, Inc. (Brosky, Gilbert) |
| Remark - Public: Civil case terminated. (JSF) |
Filing 34
ORDER - that the motions to withdraw filed by David L. Barron, Adam C. Gutmann, Mitchell J. Edlund and Corey T. Hickman as counsel of record for Defendant, (Filing Nos. #32 and #33 ), are granted. David L. Barron, Adam C. Gutmann, Mitchell J. Edlund and Corey T. Hickman shall no longer receive electronic notice in this case. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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| Filing 33 MOTION to Withdraw as Attorney by Attorney Mitchell J. Edlund on behalf of Defendant Christopher A Day. (LKO) |
| Filing 32 MOTION to Withdraw as Attorney by Attorney David L. Barron on behalf of Defendant Christopher A Day. (LKO) |
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Filing 31
ORDER - HCC's motion to compel (Filing No. #1 ) is granted, in part, and Applied will be required to produce a privilege log for both the First and Second Subpoenas. HCC's motion to file its sur-surreply (Filing No. #28 ) is granted. The sur-surreply brief attached to HCC's motion is deemed filed instanter. Applied's objection (Filing No. #30 ) to HCC's motion to file a sur-reply is likewise overruled. The deadline for Applied to provide its privilege log to HCC is June 24, 2021. Within fourteen (14) days of receipt of Applied's privilege log, HCC shall file any motion to compel production of additional documents responsive to either Subpoena. The Clerk shall terminate the motion at Filing No. #1 but shall leave the docket open for additional consideration, as necessary. The Clerk shall additionally set an internal case management deadline for July 8, 2021 to review the file and determine whether this case can be closed. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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| Filing 30 OBJECTION to Motion for Leave, #28 by Attorney Jeffrey A. Silver on behalf of Interested Party Applied Specialty Underwriters, LLC.(Silver, Jeffrey) |
| Filing 29 INDEX in support of MOTION for Leave File Sur-Surreply to Applied Specialty Underwriters, LLCs Surreply to HCC Insurance Holdings, Inc.s Motion to Enforce Subpoenas Issued to Applied #28 by Attorney Gilbert P. Brosky on behalf of Plaintiff HCC Insurance Holdings, Inc.. (Attachments: #1 Declaration of Mark D. Temple In Support of Motion for Leave to File Sur-Surreply, #2 Exhibit in Support of Declaration of Mark D. Temple)(Brosky, Gilbert) |
| Filing 28 MOTION for Leave File Sur-Surreply to Applied Specialty Underwriters, LLCs Surreply to HCC Insurance Holdings, Inc.s Motion to Enforce Subpoenas Issued to Applied by Attorney Gilbert P. Brosky on behalf of Plaintiff HCC Insurance Holdings, Inc.. (Attachments: #1 Exhibit 1 - Sur-Surreply to Applied Specialty Underwriters, LLCs Surreply to HCC Insurance Holdings, Incs Motion to Enforce Subpoenas Issued to Applied)(Brosky, Gilbert) |
| Filing 27 INDEX in support of Brief #25 by Attorney Jeffrey A. Silver on behalf of Interested Party Applied Specialty Underwriters, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Silver, Jeffrey) |
| Filing 26 DECLARATION regarding Brief #25 by Attorney Jeffrey A. Silver on behalf of Interested Party Applied Specialty Underwriters, LLC. (Attachments: #1 Exhibit, #2 Errata)(Silver, Jeffrey) |
| Filing 25 BRIEF in support of Index,, #18 Opposition to Motion to Enforce Subpoenas by Attorney Jeffrey A. Silver on behalf of Interested Party Applied Specialty Underwriters, LLC.(Silver, Jeffrey) |
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Filing 24
TEXT ORDER regarding #23 Objection. To assure the court fully understands the pending subpoena issues, Applied Specialty Underwriters, LLC'S objection to HCC's reply is overruled, and HCC's reply and supporting information are deemed properly filed. Applied Specialty Underwriters, LLC'S request to respond to HCC's reply is granted, and Applied Specialty's sur-reply shall be filed on or before May 13, 2021. Upon the filing of Applied Specialty's sur-reply or May 14, 2021, whichever is earlier, this matter will be deemed fully submitted. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| Filing 23 OBJECTION to Index, #21 , Reply Brief, #20 and Request to Strike New Reply Evidence, Alternatively Request for Leave to File a Sur-Reply Brief by Attorney Jeffrey A. Silver on behalf of Interested Party Applied Specialty Underwriters, LLC.(Silver, Jeffrey) |
| Filing 22 TEXT ORDER regarding Pro Hac Vice admission fee in the amount of $100.00 is refunded to the payor, Mark D. Temple, receipt number ANEDC-4379537. The $100.00 fee was erroneously paid twice. Ordered by Deputy Clerk. (JLS) |
| Filing 21 INDEX in support of Reply Brief, #20 by Attorney Gilbert P. Brosky on behalf of Plaintiff HCC Insurance Holdings, Inc.. (Attachments: #1 Declaration of Mark D. Temple In Support of Reply In Support of Motion to Compel, #2 Exhibit 1-3 in Support of Declaration of Mark D. Temple)(Brosky, Gilbert) |
| Filing 20 REPLY BRIEF in support of MOTION to Compel Applied Specialty Underwriters, LLC to Comply with Subpoenas ( Filing fee $ 400, receipt number ANEDC-4376486) #1 by Attorney Gilbert P. Brosky on behalf of Plaintiff HCC Insurance Holdings, Inc. (Brosky, Gilbert) Modified on 5/3/2021 (JSF) to correct filer information. |
| Filing 19 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Tokio Marine & Nichido Fire Insurance Co., Ltd., Corporate Parent Tokio Marine Holdings, Inc. for HCC Insurance Holdings, Inc.. by Attorney Gilbert P. Brosky on behalf of Plaintiffs HCC Insurance Holdings, Inc., Tokio Marine & Nichido Fire Insurance Co., Ltd., Tokio Marine Holdings, Inc..(Brosky, Gilbert) |
| Filing 18 INDEX in support of OBJECTION to Motion to Compel, #1 #17 by Attorney Jeffrey A. Silver on behalf of Interested Party Applied Specialty Underwriters, LLC. (Attachments: #1 Declaration of Mitchell Edlund, #2 Exhibit Exhibit 1 to Edlund Declaration, #3 Exhibit Exhibit 2 to Edlund Declaration, #4 Declaration of Douglas Bax, #5 Exhibit Exhibit 1 to Bax Declaration, #6 Exhibit Exhibit 2 to Bax Declaration, #7 Exhibit Exhibit 3 to Bax Declaration, #8 Exhibit Exhibit 4 to Bax Declaration, #9 Declaration of Jeffrey Silver, #10 Exhibit Exhibit 1 to Silver Declaration)(Silver, Jeffrey) |
| Filing 17 OBJECTION to Motion to Compel, #1 by Attorney Jeffrey A. Silver on behalf of Interested Party Applied Specialty Underwriters, LLC.(Silver, Jeffrey) |
| Filing 16 TEXT ORDER granting Motion for Admission Pro Hac Vice #14 for attorney Mark D. Temple. Ordered by Deputy Clerk. (JLS) |
| Filing 15 TEXT ORDER granting Motion for Admission Pro Hac Vice #13 for attorney Peter J. Stuhldreher.Ordered by Deputy Clerk. (JLS) |
| Filing 14 MOTION for Admission Pro Hac Vice (Mark Temple) Filing fee $ 100, receipt number ANEDC-4379564 by Attorney Mark D. Temple on behalf of Plaintiff HCC Insurance Holdings, Inc..(Temple, Mark) |
| Filing 13 MOTION for Admission Pro Hac Vice (Peter Stuhldreher) Filing fee $ 100, receipt number ANEDC-4379385 by Attorney Peter J. Stuhldreher on behalf of Plaintiff HCC Insurance Holdings, Inc..(Stuhldreher, Peter) |
| Filing 12 ATTORNEY LETTER by Clerk that Attorney David L. Barron has not registered for admittance to practice nor 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. (LRM) |
| Filing 11 ATTORNEY LETTER by Clerk that Attorney Adam C. Gutmann has not registered for admittance to practice nor 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. (LRM) |
| Filing 10 ATTORNEY LETTER by Clerk that Attorney Mitchell J. Edlund has not registered for admittance to practice nor 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. (LRM) |
| Filing 9 ATTORNEY LETTER by Clerk that Attorney Corey T. Hickman has not registered for admittance to practice nor 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. (LRM) |
| Filing 8 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff HCC Insurance Holdings, Inc. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(CS) |
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Filing 7
TEXT ORDER granting #4 Motion for Leave Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| Filing 6 TEXT NOTICE OF JUDGES ASSIGNED: Judge Robert F. Rossiter, Jr. and Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM) |
| Filing 4 MOTION for Leave to File Documents Under Seal by Attorney Gilbert P. Brosky on behalf of Plaintiff HCC Insurance Holdings, Inc..(Brosky, Gilbert) |
| Filing 3 INDEX in support of MOTION to Compel Applied Specialty Underwriters, LLC to Comply with Subpoenas ( Filing fee $ 400, receipt number ANEDC-4376486) #1 by Attorney Gilbert P. Brosky on behalf of Plaintiff HCC Insurance Holdings, Inc.. (Attachments: #1 Declaration of Mark D. Temple In Support of Motion to Compel, #2 Exhibits 1-15 in Support of Declaration of Mark D. Temple)(Brosky, Gilbert) |
| Filing 2 BRIEF in support of MOTION to Compel Applied Specialty Underwriters, LLC to Comply with Subpoenas ( Filing fee $ 400, receipt number ANEDC-4376486) #1 by Attorney Gilbert P. Brosky on behalf of Plaintiff HCC Insurance Holdings, Inc..(Brosky, Gilbert) |
| Filing 1 MOTION to Compel Applied Specialty Underwriters, LLC to Comply with Subpoenas ( Filing fee $ 400, receipt number ANEDC-4376486; $2, receipt number 8059929), by Attorney Gilbert P. Brosky on behalf of HCC Insurance Holdings, Inc.(Brosky, Gilbert) Modified on 4/13/2021 to add the second receipt number (LRM). |
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