Utica Mutual Insurance Company v. Clearwater Insurance Company
Plaintiff: Utica Mutual Insurance Company
Defendant: Clearwater Insurance Company
Not Classified By Court: David Homer
Case Number: 6:2013cv01178
Filed: September 20, 2013
Court: US District Court for the Northern District of New York
Office: Utica Office
County: Oneida
Presiding Judge: Therese Wiley Dancks
Referring Judge: Gary L Sharpe
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2021 Filing 252 JUDGMENT in favor of Utica Mutual Insurance Company against Clearwater Insurance Company. (jel, )
July 8, 2021 Filing 254 Exhibit List of defendant's exhibits used for trial. (jel, )
July 8, 2021 Filing 253 Exhibit List of plaintiff's exhibits used for trial. (jel, )
July 8, 2021 Filing 251 JURY VERDICT. (jel, ) (Additional attachment(s) added on 7/9/2021: #1 Unredacted Version) (jel, ).
July 8, 2021 Text Only Minute Entry for proceedings held before Senior Judge Gary L. Sharpe: CRD: John Law. Jury Trial completed on 7/8/2021. Appearances Made: Syed Ahmad, Daniel Thies, Thomas Cunningham and Adriana Alexis Perez, Esqs., for plaintiff. Thomas McCormack, Victoria Corder, John Finnegan,and Allison Silverman, Esqs., for the defendant. Court addresses jury on Attorney Langfords absence. Defendants Summation. Defendants Summation concluded. Plaintiffs Summation. Plaintiffs Summation concluded. Court discusses instructions with counsel. Jury charge begins. Court receives a verdict. Jury brought into courtroom. Court reads verdict. Atty. McCormack states issue with date. (Court Reporter Lisa Tennyson) Time: 9:00 A.M. - 4:05 P.M. (jel, )
July 8, 2021 Filing 250 NOTICE by Clearwater Insurance Company (Defendant's Objections To Charges And Verdict Form) (McCormack, Thomas)
July 7, 2021 Text Only Minute Entry for proceedings held before Senior Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 7/7/2021. Appearances Made: Syed Ahmad, Daniel Thies, Thomas Cunningham and Adriana Alexis Perez, Esqs., for plaintiff. Thomas McCormack, Victoria Corder, John Finnegan, Joy Langford and Allison Silverman, Esqs., for the defendant. Cross Examination: William Bouvier continues. Atty. Ahmad presents P-431, P-432, P-433, P-434, P-435, P-436 to the witness and moves to admit. Court admits Exhibit P-431 subject to redaction agreement, P-432 subject to agreement of parties with the parties, P-433, P-434 subject to discussion with the court on any issues, P-435 subject to redaction, P-436 subject to redaction Atty. Ahmad presents Exhibit P-68, P-111, P-184, P-71 to witness which is in evidence. Redirect Examination: William Bouvier. Atty. Langford presents Exhibit P-430, P-431, P-53A to witness which is in evidence. Plaintiff calls witness: Andrea Choi. Direct Examination: Andrea Choi. Atty. Thies presents Exhibit P-75 to witness which is in evidence. Atty. Thies presents Exhibit P-430 to witness and moves into evidence. Court admits Exhibit P-430 into evidence. Cross Examination: Andrea Choi. Atty. Finnegan presents Exhibit P-430 to witness which is in evidence. Counsel indicate proof is closed. Atty. Ahmad reads stipulated facts into the record. Court directs party to file as an exhibit. Court excuses jury until 9:00 a.m. Atty. Cunningham moves for judgment as a matter of law. Court reserves on motion in its entirety. Atty. McCormack responds to plaintiffs motion. Atty. Ahmad replies. Atty. McCormack further responds. Atty. Corder argues first motion. Court reserves on motion. Atty. Finnegan argues remaining motions. Court reserves on second motion, court declines third motion and court declines fourth motion. Court to reconvene at 2:30 p.m.Court conducts charge conference. (Court Reporter Lisa Tennyson) Time: 9:00 A.M. - 4:05 P.M. (jel, )
July 7, 2021 Filing 249 NOTICE by Utica Mutual Insurance Company re #242 Proposed Jury Instructions Objection to Proposed Instruction No. 9 (Cunningham, Thomas)
July 7, 2021 Filing 248 MOTION for Judgment as a Matter of Law filed by Utica Mutual Insurance Company. Motion returnable before Judge Sharpe Response to Motion due by 7/28/2021. Reply to Response to Motion due by 8/4/2021 (Attachments: #1 Memorandum of Law) (Ahmad, Syed)
July 7, 2021 Filing 247 MOTION for Judgment as a Matter of Law filed by Clearwater Insurance Company. Motion returnable before Judge Gary L. Sharpe Response to Motion due by 7/28/2021. Reply to Response to Motion due by 8/4/2021 (McCormack, Thomas)
July 7, 2021 Filing 246 NOTICE by Clearwater Insurance Company re #243 Proposed Jury Instructions, #242 Proposed Jury Instructions Memorandum in Support of its Request to Charge the Jury on the Duty of Utmost Good Faith and Objection to Utica's Instruction on Clearwater's Affirmative Defenses as it Concerns the Duty of Utmost Good Faith (McCormack, Thomas)
July 7, 2021 Filing 245 PROPOSED VERDICT FORM by Clearwater Insurance Company. (McCormack, Thomas)
July 7, 2021 Filing 244 PROPOSED VERDICT FORM by Utica Mutual Insurance Company. (Thies, Daniel)
July 7, 2021 Filing 243 Proposed Jury Instructions by Utica Mutual Insurance Company. (Thies, Daniel)
July 6, 2021 Text Only Minute Entry for proceedings held before Senior Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 7/6/2021. Appearances Made: Syed Ahmad, Daniel Thies, Thomas Cunningham and Adriana Alexis Perez, Esqs., for plaintiff. Thomas McCormack, Victoria Corder, John Finnegan, Joy Langford and Allison Silverman, Esqs., for the defendant. Atty. Langford states objection to demonstrative exhibit. Atty. Thies provides demonstrative to the court. Plaintiffs witness: Stefanie Walterick. Direct Examination: Stefanie Walterick. Atty. Thies presents Exhibit P-329A, P-310, P-424B, P-429 to witness which is in evidence. Cross Examination: Stefanie Walterick. Atty. Langford presents Exhibit P-424 to the witness which is in evidence. Redirect Examination: Stefanie Walterick. Atty. Thies presents Exhibit P-424B to witness which is in evidence. Recross Examination: Stefanie Walterick. Atty. Ahmad revisits motion in limine number 4. Defendant calls witness: William Bouvier. Direct Examination: William Bouvier. Atty. Langford presents Exhibit P-63, P-61, P-65, P-68, P-71, P-75, P-8, P-424, P-183, P-330, P-54, P-53A, D-102, P-1 to the witness which is in evidence. Cross Examination: William Bouvier.2 Atty. Ahmad presents Exhibit P-424, P-63, P-90, P-330, P-52, P-53A, P-111, P-2, P-65, P-70, P-12, P-120, P-49, P-22, P-119, P-23, P-121, P-122 to the witness which is in evidence. Atty. Ahmad presents Exhibit P-66 to the witness and moves to admit into evidence. Court admits Exhibit P-66 into evidence. Court adjourns until 9:00 a.m. (Court Reporter Lisa Tennyson) Time: 8:55 A.M. - 5:02 P.M. (jel, )
July 6, 2021 Filing 242 Proposed Jury Instructions by Clearwater Insurance Company. (McCormack, Thomas)
July 2, 2021 Text Only Minute Entry for proceedings held before Senior Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 7/2/2021. Appearances Made: Syed Ahmad, Daniel Thies, Thomas Cunningham and Adriana Alexis Perez, Esqs., for plaintiff. Thomas McCormack, Victoria Corder, John Finnegan, Joy Langford and Allison Silverman, Esqs., for the defendant. Defendant calls witness: Richard Creedon. Direct Examination: Richard Creedon. Atty. McCormack presents Exhibit D-82, D-83, D-102, D-103 to witness which is in evidence. Cross Examination: Richard Creedon. Atty Cunningham presents Exhibit P-12, P-13, P-14, P-15 to witness which is in evidence. Redirect Examination: Richard Creedon. Atty. McCormack presents Exhibit D-82, D-9 to witness which is in evidence. Court discusses progression for remainder of trial. (Court Reporter Lisa Tennyson) Time: 8:55-10:30 A.M. (jel, )
July 1, 2021 Text Only Minute Entry for proceedings held before Senior Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 7/1/2021. Appearances Made: Syed Ahmad, Daniel Thies, Thomas Cunningham and Adriana Alexis Perez, Esqs., for plaintiff. Thomas McCormack, Victoria Corder, John Finnegan, Joy Langford and Allison Silverman, Esqs., for the defendant. Court denies motion to quash Creedon. Court turns to deposition testimonies. Atty. Thies states w/d 4 of the 5 transcript depositions. Court permits testimony through deposition. Jury brought in courtroom. Recross Examination: Bernard Turi. Attorney McCormack presents Exhibit P-296, P-122, D-29, D-40, D-49, D-9, D-54, D-68, P-8, D-33, D-82, D-92, P-150, P-111 to witness which is in evidence. Attorney McCormack presents Exhibit D-36, D-44, D-59, D-62, D-67, D-76, D-74 and moves to admit into evidence. Court admits Exhibit D-36, D-44, D-59, D-62, D-76, D-74 (with handwriting redacted), into evidence. Court states ruling on limited admission for deposition. Recross Examination: Bernard Turi continues. Redirect Examination: Bernard Turi. Atty. Cunningham presents Exhibit D-49, P-49, D-71, D-44, P-13, P-111, D-135 to witness which is in evidence. Recross Examination: Bernard Turi continues. Attorney McCormack presents Exhibit D-9, P-111 to witness which is in evidence. Redirect Examination: Bernard Turi. Atty. Cunningham presents Exhibit P-427 to witness which is in evidence. Plaintiff calls witness: James McKay. Direct Examination: James McKay. Atty. Thies presents Exhibit P-1, P-70 to the witness which is in evidence. Cross Examination: James McKay. Atty. Finnegan presents Exhibit P-69, D-134, D-84, P-424 to the witness stipulated into evidence. Direct Examination: James McKay Deposition Reading E. Barry Bradshaw. Court excuses jury until 9:00 a.m. Court discusses witnesses for tomorrow. (Court Reporter Lisa Tennyson) Time: 8:55 A.M. - 5:00 P.M. (jel, )
June 30, 2021 Text Only Minute Entry for proceedings held before Senior Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 6/30/2021. Appearances Made: Syed Ahmad, Daniel Thies, Thomas Cunningham and Adriana Alexis Perez, Esqs., for plaintiff. Thomas McCormack, Victoria Corder, John Finnegan, Joy Langford and Allison Silverman, Esqs., for the defendant. Atty. Ahmad discusses Exhibits P-52 and P-53. Jury brought into courtroom. Plaintiffs Witness: Laura McCaffrey. Direct Examination: Laura McCaffrey. Atty. Thies presents Exhibit P-68, P-1, P-70, P-54, P-52, P-53, P-54, P-60, P-61, P-63, P-65, P-68, P-71, P-330 to witness which is stipulated into evidence. Atty. Thies provides copy of deposition to witness. Atty. Thies presents Exhibit P-183 to the witness and moves to admit into evidence. Court admits Exhibit P-183 into evidence. Cross Examination: Laura McCaffrey. Atty. Langford presents Exhibit P-54, P-60, P-61, P-63, P-68, P-71, P-53, P-1, P-330 to the witness which is stipulated into evidence. Atty. Langford provides copy of deposition to witness. Plaintiff calls witness: Daniel Hammond. Direct Examination: Daniel Hammond. Atty. Ahmad presents Exhibit P-390, P-348 through P-389, P-391 through P-394, P-424 to the witness and moves to admit into evidence. Court admits Exhibit P-390, P-348 through P-389, P-391 through P-394 into evidence. Atty. Ahmad presents Exhibit P-185, P-426, P-329A, P-427, P-424, P-70 to witness which is stipulated into evidence. Cross Examination: Daniel Hammond. Atty. Corder presents Exhibit P-111, D-134 to witness which is stipulated into evidence. Atty. Corder presents Exhibit P-148-394, to the witness and moves to admit into evidence. Court admits Exhibit P-148 into evidence. Direct Examination: Daniel Hammond. Atty. Ahmad moves to admit Exhibit P-424 into evidence. Court admits Exhibit P-424 into evidence. Atty. Ahmad presents Exhibit P-148 to witness which is stipulated into evidence. Plaintiff calls witness: Bernard Turi. Direct Examination: Bernard Turi. Atty. Cunningham presents Exhibit P-168 to witness which is stipulated into evidence. Atty. Cunningham presents Exhibit P-295 to the witness and moves to admit into evidence. Court admits Exhibit P-295 into evidence. Atty. Cunningham presents Exhibit P-12, P-168, P-400, P-401, P-98, P-8, P-297, P-406, P-241, P-179, P-300, P-111, D-102 to witness which is stipulated into evidence Atty. Cunningham presents Exhibit D-32, P-112, P-119, P-397, P-122, P-296, D-71, P-408, P-409, D-68, D-135, D-103 to the witness and moves to admit into evidence. Court admits Exhibit D-32, P-112 (subject to further review of court), P-119, P-397, P-122, P-296, D-71, P-408, P-409, D-68, D-135, D-103 into evidence. Court excuses jury until 9:00 a.m. tomorrow. Atty. Ahmad states housekeeping issue and motion to quash. Atty. McCormack states could be done next week. Court addresses motion to quash as to Creedon. Court RESERVES on motion. (Court Reporter Lisa Tennyson) 8:53 A.M. - 5:05 P.M. (jel, )
June 29, 2021 Text Only Minute Entry for proceedings held before Senior Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 6/29/2021: Appearances Made: Syed Ahmad, Daniel Thies, Thomas Cunningham and Adriana Alexis Perez, Esqs., for plaintiff. Thomas McCormack, Victoria Corder, John Finnegan, Joy Langford and Allison Silverman, Esqs., for the defendant. Direct Examination: Kristen Martin continues Atty. Ahmad presents Exhibit P-330 to the witness and moves to admit into evidence. Court admits Exhibit P-330 into evidence. Atty. Ahmad presents Exhibit P-55, P-90, P-52, P-111 which is stipulated into evidence. Cross Examination: Kristen Martin. Atty. McCormack presents Exhibit P-330, P-55, D-3, D-5, D-9, P-90, D-55, D-56, D-82, D-83 to the witness which is stipulated into evidence. Atty. McCormack presents Exhibit D-49, D-51, D-52 to the witness and moves to admit into evidence. Court admits Exhibit D-49, D-51 (admits pages 1-2 reserves on attachment), D-52 into evidence. Court takes appearances for motions to quash. Atty. Schwartz argues motion to quash as to McCaffrey. Atty. Finnegan argues motion to quash as to Choi. Atty. Thies argues motions to quash. Court declines to quash the subpoenas. Jury brought into courtroom. Atty. McCormack presents Exhibit D-91, D-95, D-102, D-134, P-52, P-111, P-52 to the witness which is stipulated into evidence. Redirect Examination: Kristen Martin. Atty. Ahmad presents Exhibit P-168, D-134, P-241, P-111, D-83, D-49, P-118, P-330 which is stipulated into evidence. Recross Examination: Kristen Martin. Redirect Examination: Kristen Martin. Court turns to Exhibit D-51. Atty. McCormack withdraws attachment to Exhibit D-51. Plaintiff calls witness: Marcia Schilling. Direct Examination: Marcia Schilling. Atty. Ahmad presents Exhibit P-23, P-14 which is stipulated into evidence. Cross Examination: Marcia Schilling. Atty. Corder presents Exhibit P-23, D-8, D-10 which is stipulated into evidence. Deposition Testimony Albert (Al) Ruhlman. Atty. Ahmed discusses deposition testimony and live witness testimony. Deposition Testimony Theresa Chavez. Court excuses jury until 9:00 a.m. in the morning. (Court Reporter Lisa Tennyson) Time: 9:00 A.M. - 5:12 P.M. (jel, )
June 29, 2021 Filing 241 NOTICE by Utica Mutual Insurance Company Brief in Support of Proposed Standard of Proof on Proven Liability (Thies, Daniel)
June 29, 2021 Filing 240 NOTICE by Clearwater Insurance Company (Defendant's Bench Memorandum Regarding Common Law Indemnification) (McCormack, Thomas)
June 28, 2021 Text Only Minute Entry for proceedings held before Senior Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 6/28/2021. Appearances Made: Thomas Cunningham, Adriana Alexis Perez, Syed Ahmad and Daniel Thies, Esqs., for plaintiff. Thomas McCormack, John Finnegan, Joy Langford, Victoria Corder and Allison Silverman, Esqs., for defendant. Jury brought into the courtroom. Court welcomes jury. CRD calls jury into the box. Court discusses trial progression with the jury. Court voir dire. Plaintiffs voir dire. Defendants voir dire. Court obtains jury. CRD swears in jury Court gives preliminary instruction. Plaintiffs Opening Statement. Defendants Opening Statement. Plaintiffs call witness: Kristin Martin. Direct Examination: Kristin Martin. Atty. Ahmad presents Exhibit P-168, P-170, P-241, P-22, P-300, P-111, P-90 to the witness which is stipulated into evidence. Atty. Ahmad presents Exhibit P-406, D-69, P-120, P-149, P-121, D-86 to the witness and moves to admit into evidence. Court admits Exhibit P-406, D-69, P-120, P-49, P-121, D-86 into evidence. Jury excused until 9:00 a.m. Tuesday. Court discusses objections with witnesses and reading of depositions. (Court Reporter Lisa Tennyson) Time: 9:30 A.M. - 5:05 P.M. (jel, )
June 28, 2021 Filing 239 Exhibit List Utica's Revised Trial Exhibit List by Utica Mutual Insurance Company. (Cunningham, Thomas)
June 28, 2021 Filing 238 RESPONSE TO LETTER BRIEF filed by Utica Mutual Insurance Company as to #214 Witness List filed by Clearwater Insurance Company . (Attachments: #1 Declaration Daniel Thies)(Ahmad, Syed)
June 27, 2021 Filing 237 RESPONSE in Opposition re #232 MOTION to Quash Plaintiff's Trial Subpoena filed by Laura McCaffrey. filed by Utica Mutual Insurance Company. (Thies, Daniel)
June 27, 2021 Filing 236 RESPONSE in Opposition re #227 MOTION to Quash (by Non-Party Andrea Choi) filed by Clearwater Insurance Company. filed by Utica Mutual Insurance Company. (Thies, Daniel)
June 25, 2021 Opinion or Order Filing 235 TEXT ONLY ORDER granting #233 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Issued by Senior Judge Gary L. Sharpe on 6/25/2021. (jel, )
June 25, 2021 Filing 234 Supplemental Admission documents re: #233 Motion for Limited Admission Pro Hac Vice,. (Finnegan, John)
June 25, 2021 Filing 233 MOTION for Limited Admission Pro Hac Vice of Allison L. Silverman Filing fee $100, receipt number ANYNDC-5567003. (Attachments: #1 Exhibit(s) to Practice, #2 Exhibit(s) Affidavit of John F. Finnegan in Support of the Admission of Allison L. Silverman, #3 Exhibit(s) E-Filing Registration Form, #4 Exhibit(s) Certificate of good Standing of Allison L. Silverman, #5 Exhibit(s) Proposed Order) Motions referred to Therese Wiley Dancks. (Finnegan, John)
June 25, 2021 Notice of Filing Deficiency re: #233 Motion for Limited Admission Pro Hac Vice of Allison L. Silverman. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Petition for Admission to Practice form published by the court 12/2019. The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )
June 24, 2021 Filing 232 MOTION to Quash Plaintiff's Trial Subpoena filed by Laura McCaffrey. Response to Motion due by 7/15/2021 (Attachments: #1 Memorandum of Law in Support of Non-Party Laura McCaffrey's Motion to Quash, #2 Declaration of Laura McCaffrey) Motions referred to Therese Wiley Dancks. (Schwartz, Steven)
June 24, 2021 Filing 231 NOTICE of Appearance by Steven C. Schwartz on behalf of Laura McCaffrey (Schwartz, Steven)
June 24, 2021 Filing 230 STATUS REPORT Letter to Judge Gary L. Sharpe re agreement on the preliminary jury instructions by Clearwater Insurance Company. (Attachments: #1 Exhibit(s) A - Joint Preliminary Instructions., #2 Exhibit(s) B - Proposed Instruction Addressing the Claims Asserted., #3 Exhibit(s) C - Redline of Utica's Changes., #4 Exhibit(s) D - Clearwater's Proposed Instructions - Claims.)(Corder, Victoria)
June 24, 2021 Filing 229 AFFIDAVIT of Service for Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action served on Laura B. McCaffrey on 06/18/2021, filed by Utica Mutual Insurance Company. (Thies, Daniel)
June 24, 2021 Opinion or Order Filing 228 TEXT ONLY ORDER granting #226 Letter Motion from Victoria V. Corder for Clearwater Insurance Company requesting permission for the individuals listed below to carry electronic devices into the courthouse. Issued by Senior Judge Gary L. Sharpe on 6/24/2021. (jel, )
June 23, 2021 Filing 227 MOTION to Quash (by Non-Party Andrea Choi) filed by Clearwater Insurance Company. Response to Motion due by 7/14/2021 (Attachments: #1 Memorandum of Law re Non-Party Andrea Choi's Motion to Quash Trial Subpoena, #2 Exhibit(s) A - Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action) Motions referred to Therese Wiley Dancks. (McCormack, Thomas)
June 23, 2021 Filing 226 Letter Motion from Victoria V. Corder for Clearwater Insurance Company requesting permission for the individuals listed below to carry electronic devices into the courthouse. submitted to Judge Gary L. Sharpe . (Corder, Victoria)
June 22, 2021 Filing 225 Exhibit List (Revised and replacing D.E. 221) by Clearwater Insurance Company. (McCormack, Thomas)
June 22, 2021 Filing 224 PRETRIAL STIPULATION (Revised Joint Pretrial Stipulation as to Trial Exhibits) by Utica Mutual Insurance Company. (Attachments: #1 Exhibit(s) A - Revised Joint Pretrial Stipulation as to Trial Exhibits)(Cunningham, Thomas)
June 22, 2021 Filing 223 Exhibit List (Revised Trial Exhibit List and Preliminary Objections to Clearwater's Trial Exhibit List) by Utica Mutual Insurance Company. (Attachments: #1 Exhibit(s) A - Revised Exnibit List, #2 Exhibit(s) B - Preliminary Objections to Clearwater's Trial Exhibit List)(Cunningham, Thomas)
June 22, 2021 Filing 222 Exhibit List (Objections to Utica's Trial Exhibit List) by Clearwater Insurance Company. (McCormack, Thomas)
June 22, 2021 Filing 221 Exhibit List (Revised) by Clearwater Insurance Company. (McCormack, Thomas)
June 14, 2021 Filing 220 TRANSCRIPT of Proceedings: Final Pretrial Conference held on June 9, 2021, before Judge Gary L. Sharpe, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/6/2021. Redacted Transcript Deadline set for 7/15/2021. Release of Transcript Restriction set for 9/13/2021. Notice of Intent to Redact due by 6/21/2021 (lt, )
June 9, 2021 Text Only Minute Entry for proceedings held before Senior Judge Gary L. Sharpe: CRD: John Law. Final Pretrial Conference held on 6/9/2021. Appearances Made: Attorneys for plaintiff: Joseph Niczky, Thomas Cunningham, Adriana Alexis Perez, Syed Ahmad and Daniel Thies. Attorneys for defendant: John Finnegan, Thomas McCormack, Victoria Corder and Ben Bloodstein. Defendant Client: Mike Kuhn. Court gives guidance on trial, covid protocols, juror bioform, court exhibits 1 and 2, discusses jury selection procedure, seating 8 jurors and discusses schedule of June 28 to July 2, then July 6-9. Court addresses pending motions with counsel. CRD provides tour of courtroom and electronic equipment to counsel. (Court Reporter Lisa Tennyson) Time: 10:00-11:30 a.m. (jel, )
June 8, 2021 Filing 219 RESPONSE in Opposition re #212 MOTION to Quash Defendant's Trial Subpoena to Richard Creedon filed by Utica Mutual Insurance Company. (Opposition to Motion to Quash Defendant's Trial Subpoena to Richard Creedon and Cross-Motion to Compel Compliance) filed by Clearwater Insurance Company. (McCormack, Thomas)
June 8, 2021 Filing 218 RESPONSE TO LETTER BRIEF filed by Clearwater Insurance Company as to #188 Proposed Jury Instructions filed by Utica Mutual Insurance Company (Clearwater's Objections To Utica's Proposed Jury Instructions). (McCormack, Thomas)
June 8, 2021 Filing 217 RESPONSE TO LETTER BRIEF filed by Utica Mutual Insurance Company as to #189 Proposed Jury Instructions filed by Clearwater Insurance Company Utica's Response to Clearwater's Proposed Preliminary Jury Instructions. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D)(Ahmad, Syed)
June 7, 2021 Filing 216 Witness List by Utica Mutual Insurance Company. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13)(Cunningham, Thomas)
June 7, 2021 Filing 215 Witness List by Clearwater Insurance Company. (McCormack, Thomas)
June 7, 2021 Filing 214 Witness List by Clearwater Insurance Company. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C (Part 1 of 2), #4 Exhibit(s) C (Part 2 of 2), #5 Exhibit(s) D, #6 Exhibit(s) E)(McCormack, Thomas)
June 7, 2021 Filing 213 NOTICE of Appearance by Adriana Alexis Perez on behalf of Utica Mutual Insurance Company (Perez, Adriana)
June 7, 2021 TEXT ONLY NOTICE of Hearing on Motion #212 MOTION to Quash Defendant's Trial Subpoena to Richard Creedon filed by Utica Mutual Insurance Company. : Response to Motion due by 2:00 p.m. on 6/8/2021. Motion Hearing set for 6/9/2021 at 10:00 AM in Albany before Senior Judge Gary L. Sharpe pursuant to the Court's June 2, 2021 Text Only Order. (jel, ) Modified on 6/7/2021 (jel, ).
June 7, 2021 CLERK'S CORRECTION OF DOCKET ENTRY re Notice of Hearing on Motion - Corrected text to reflect the response is due by 2:00 p.m. on June 8, 2021. (jel, )
June 2, 2021 Filing 212 MOTION to Quash Defendant's Trial Subpoena to Richard Creedon filed by Utica Mutual Insurance Company. Response to Motion due by 6/23/2021 (Attachments: #1 Memorandum of Law, #2 Exhibit(s) A to Memorandum of Law, #3 Declaration of Richard Creedon, #4 Declaration of William Sneed, #5 Declaration of Bernard Turi) Motions referred to Therese Wiley Dancks. (Cunningham, Thomas)
June 2, 2021 Opinion or Order Filing 211 ORDER granting 210 Text Only Letter Motion (by email) for Utica Mutual Insurance Company : I am counsel for Plaintiff Utica in the captioned matter. Our case is set for final pretrial conference before Judge Sharpe on June 9 at 10 a.m. Our jury trial is scheduled to begin on June 28. A issue has arisen respecting a trial witness subpoena. A meet and confer this afternoon did not resolve the matter and so Utica plans to file a motion to quash. However, the standard 21-day motion protocol would not permit the motion to be heard in a timely fashion. Accordingly, the parties have agreed to an expedited briefing schedule. Uticas motion papers are to be submitted by 2 p.m. tomorrow, June 2. Clearwaters opposition papers are to be submitted by 2 p.m. on June 8, and the motion is to be returnable at our June 9 pretrial conference at 10 a.m. We write to ask if the Court would like us to submit an agreed motion for an expedited briefing schedule in order to vary from the standard motion protocol, or if this email (or a filed letter) could suffice. Counsel of record for Clearwater is copied on this email. Issued by Senior Judge Gary L. Sharpe on 6/2/2021. (jel, )
June 2, 2021 Filing 210 Text Only Letter Motion (by email) for Utica Mutual Insurance Company : I am counsel for Plaintiff Utica in the captioned matter. Our case is set for final pretrial conference before Judge Sharpe on June 9 at 10 a.m. Our jury trial is scheduled to begin on June 28. A issue has arisen respecting a trial witness subpoena. A meet and confer this afternoon did not resolve the matter and so Utica plans to file a motion to quash. However, the standard 21-day motion protocol would not permit the motion to be heard in a timely fashion. Accordingly, the parties have agreed to an expedited briefing schedule. Uticas motion papers are to be submitted by 2 p.m. tomorrow, June 2. Clearwaters opposition papers are to be submitted by 2 p.m. on June 8, and the motion is to be returnable at our June 9 pretrial conference at 10 a.m. We write to ask if the Court would like us to submit an agreed motion for an expedited briefing schedule in order to vary from the standard motion protocol, or if this email (or a filed letter) could suffice. Counsel of record for Clearwater is copied on this email. Best regards, Tom THOMAS D. CUNNINGHAM submitted to Judge Gary L. Sharpe. (jel, )
June 1, 2021 Filing 209 RESPONSE in Opposition re #178 MOTION in Limine Utica's Motion in Limine No. 7: Fee Dispute with Coverage Counsel filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe filed by Clearwater Insurance Company. (McCormack, Thomas)
June 1, 2021 Filing 208 RESPONSE in Opposition re #177 MOTION in Limine Utica's Motion in Limine No. 6: NICO, Berkshire, and Buffett filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe filed by Clearwater Insurance Company. (McCormack, Thomas)
June 1, 2021 Filing 207 RESPONSE in Opposition re #176 MOTION in Limine Utica's Motion in Limine No. 5: Other Insurance Policies filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe filed by Clearwater Insurance Company. (McCormack, Thomas)
June 1, 2021 Filing 206 RESPONSE in Opposition re #175 MOTION in Limine Utica's Motion in Limine No. 4: Reinsurance Limits and DJ Expenses filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe filed by Clearwater Insurance Company. (McCormack, Thomas)
June 1, 2021 Filing 205 RESPONSE in Opposition re #174 MOTION in Limine Utica's Motion in Limine No. 3: Expert Testimony of John Cole filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe filed by Clearwater Insurance Company. (McCormack, Thomas)
June 1, 2021 Filing 204 RESPONSE in Opposition re #173 MOTION in Limine Utica's Motion in Limine No. 2: Disputes with Other Reinsurers filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe filed by Clearwater Insurance Company. (McCormack, Thomas)
June 1, 2021 Filing 203 RESPONSE in Opposition re #172 MOTION in Limine Utica's Motion in Limine No. 1: California Court Decisions filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe filed by Clearwater Insurance Company. (McCormack, Thomas)
June 1, 2021 Filing 202 RESPONSE to Motion re #196 MOTION in Limine - Defendant's Motion in Limine No. 4 to Exclude Custom and Habit Evidence Concerning Utica's Inclusion of Aggregate Limits in Primary Policies Generally filed by Clearwater Insurance Company. Motion returnable before filed by Utica Mutual Insurance Company. (Attachments: #1 Exhibit(s) 1)(Ahmad, Syed)
June 1, 2021 Filing 201 RESPONSE to Motion re #195 MOTION in Limine - Defendant's Motion in Limine No. 3 to Exclude Parol Evidence Concerning Utica's or Goulds' Intent to Include Aggregate Limits in the 1978-1981 Primary Policies filed by Clearwater Insurance Company. Motion ret filed by Utica Mutual Insurance Company. (Ahmad, Syed)
June 1, 2021 Filing 200 RESPONSE to Motion re #194 MOTION in Limine - Defendant's Motion in Limine No. 2 to Preclude Mediators' Findings in Cannon Electric, Inc. v. Affiliated FM Insurance Co. filed by Clearwater Insurance Company. Motion returnable before Judge Sharpe filed by Utica Mutual Insurance Company. (Attachments: #1 Exhibit(s) 1)(Ahmad, Syed)
June 1, 2021 Filing 199 RESPONSE to Motion re #193 MOTION in Limine - Defendant's Motion in Limine No. 1 to Exclude the California Court's Decision From Cannon Electric Inc. v. ACE Property & Casualty Insurance Co. filed by Clearwater Insurance Company. Motion returnable before Judg Gary L. Sharpe filed by Utica Mutual Insurance Company. (Ahmad, Syed)
May 27, 2021 Opinion or Order Filing 198 TEXT ORDER granting #197 Motion for Limited Admission Pro Hac Vice of Adriana Perez, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/27/2021. (sg)
May 26, 2021 Filing 197 MOTION for Limited Admission Pro Hac Vice of Adriana Alexis Perez Filing fee $100, receipt number ANYNDC-5536719. (Attachments: #1 Declaration of Sponsor, #2 Petition for Admission, #3 Certificate of Good Standing, #4 New Attorney E-Filing Registration Form, #5 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Ahmad, Syed)
May 24, 2021 Filing 196 MOTION in Limine - Defendant's Motion in Limine No. 4 to Exclude Custom and Habit Evidence Concerning Utica's Inclusion of Aggregate Limits in Primary Policies Generally filed by Clearwater Insurance Company. Motion returnable before Judge Sharpe (Attachments: #1 Memorandum of Law) (McCormack, Thomas)
May 24, 2021 Filing 195 MOTION in Limine - Defendant's Motion in Limine No. 3 to Exclude Parol Evidence Concerning Utica's or Goulds' Intent to Include Aggregate Limits in the 1978-1981 Primary Policies filed by Clearwater Insurance Company. Motion returnable before Judge Sharpe (Attachments: #1 Memorandum of Law) (McCormack, Thomas)
May 24, 2021 Filing 194 MOTION in Limine - Defendant's Motion in Limine No. 2 to Preclude Mediators' Findings in Cannon Electric, Inc. v. Affiliated FM Insurance Co. filed by Clearwater Insurance Company. Motion returnable before Judge Sharpe (Attachments: #1 Memorandum of Law) (McCormack, Thomas)
May 24, 2021 Filing 193 MOTION in Limine - Defendant's Motion in Limine No. 1 to Exclude the California Court's Decision From Cannon Electric Inc. v. ACE Property & Casualty Insurance Co. filed by Clearwater Insurance Company. Motion returnable before Judge Sharpe (Attachments: #1 Memorandum of Law) (McCormack, Thomas)
May 24, 2021 Filing 192 Witness List by Utica Mutual Insurance Company. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Cunningham, Thomas)
May 24, 2021 Filing 191 TRIAL BRIEF by Clearwater Insurance Company. (McCormack, Thomas)
May 24, 2021 Filing 190 PROPOSED VERDICT FORM by Clearwater Insurance Company. (McCormack, Thomas)
May 24, 2021 Filing 189 Proposed Jury Instructions by Clearwater Insurance Company. (McCormack, Thomas)
May 24, 2021 Filing 188 Proposed Jury Instructions by Utica Mutual Insurance Company. (Ahmad, Syed)
May 24, 2021 Filing 187 Exhibit List by Clearwater Insurance Company. (McCormack, Thomas)
May 24, 2021 Filing 186 Witness List by Clearwater Insurance Company. (Attachments: #1 Deposition Transcript of Lydia Berez taken on December 16, 2014 (Utica v. Clearwater, 6:13-cv-1178) taken by Clearwater, #2 Deposition Transcript of Theresa Chavez taken on March 20, 2015 Deposition (Utica v. Clearwater, 6:13-cv-1178) taken by Utica, #3 Deposition Transcript of Andrea Choi taken on March 19, 2015 Deposition (Utica v. Clearwater, 6:13-cv-1178) taken by Utica, #4 Hearing Testimony of Richard Creedon taken on July 29, 2013 (Utica v. INA arbitration) direct and cross, #5 Deposition Transcript of John Griffin taken on December 17, 2014 (Utica v. Clearwater, 6:13-cv-1178) taken by, #6 Deposition Transcript of Daniel Hammond taken on December 18, 2014 (Utica v. Clearwater, 6:13-cv-1178) taken by Clearwater, #7 Hearing Testimony of Kristin Martin taken on July 17, 2013 (Utica v. INA arbitration) direct and cross, #8 Deposition Transcript of Kristin Martin taken on January 22, 2015 (Utica v. Clearwater, 6:13-cv-1178) taken by Clearwater, #9 Deposition Transcript of Laura McCaffrey taken on March 18, 2015 (Utica v. Clearwater, 6:13-cv-1178) taken by Utica, #10 Deposition Transcript of Al Ruhlman taken on January 29, 2015 (Utica v. Clearwater, 6:13-cv-1178) taken by Utica, #11 Hearing Testimony of Bernard Turi taken on July 18, 2013 (Utica v. INA arbitration) direct and cross, #12 Hearing Testimony of Bernard Turi taken on July 19, 2013 (Utica v. INA arbitration) cross, #13 Deposition Transcript of Marcia Schilling taken on December 17, 2014 (Utica v. Clearwater, 6:13-cv-1178) taken by Clearwater)(McCormack, Thomas)
May 24, 2021 Filing 185 PROPOSED VERDICT FORM by Utica Mutual Insurance Company. (Ahmad, Syed)
May 24, 2021 Filing 184 Exhibit List by Utica Mutual Insurance Company. (Cunningham, Thomas)
May 24, 2021 Filing 183 Proposed Voir Dire by Clearwater Insurance Company. (McCormack, Thomas)
May 24, 2021 Filing 182 PRETRIAL STIPULATION (Joint) by Utica Mutual Insurance Company. (Attachments: #1 Exhibit(s) A)(Cunningham, Thomas)
May 24, 2021 Filing 181 Court Ordered Voir Dire by Clearwater Insurance Company. (McCormack, Thomas)
May 24, 2021 Filing 180 Proposed Voir Dire by Utica Mutual Insurance Company. (Ahmad, Syed)
May 24, 2021 Filing 179 Court Ordered Voir Dire by Utica Mutual Insurance Company. (Ahmad, Syed)
May 24, 2021 Filing 178 MOTION in Limine Utica's Motion in Limine No. 7: Fee Dispute with Coverage Counsel filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe (Attachments: #1 Memorandum of Law) (Ahmad, Syed)
May 24, 2021 Filing 177 MOTION in Limine Utica's Motion in Limine No. 6: NICO, Berkshire, and Buffett filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe (Attachments: #1 Memorandum of Law) (Ahmad, Syed)
May 24, 2021 Filing 176 MOTION in Limine Utica's Motion in Limine No. 5: Other Insurance Policies filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe (Attachments: #1 Memorandum of Law) (Ahmad, Syed)
May 24, 2021 Filing 175 MOTION in Limine Utica's Motion in Limine No. 4: Reinsurance Limits and DJ Expenses filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe (Attachments: #1 Memorandum of Law, #2 Exhibit(s) 1) (Ahmad, Syed)
May 24, 2021 Filing 174 MOTION in Limine Utica's Motion in Limine No. 3: Expert Testimony of John Cole filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe (Attachments: #1 Memorandum of Law, #2 Exhibit(s) 1, #3 Exhibit(s) 2) (Ahmad, Syed)
May 24, 2021 Filing 173 MOTION in Limine Utica's Motion in Limine No. 2: Disputes with Other Reinsurers filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe (Attachments: #1 Memorandum of Law) (Ahmad, Syed)
May 24, 2021 Filing 172 MOTION in Limine Utica's Motion in Limine No. 1: California Court Decisions filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe (Attachments: #1 Memorandum of Law, #2 Exhibit(s) 1, #3 Exhibit(s) 2) (Ahmad, Syed)
May 24, 2021 Filing 171 TRIAL BRIEF by Utica Mutual Insurance Company. (Attachments: #1 Exhibit(s) A)(Thies, Daniel)
May 24, 2021 Set/Reset Deadlines as to #175 MOTION in Limine Utica's Motion in Limine No. 4: Reinsurance Limits and DJ Expenses filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe, #173 MOTION in Limine Utica's Motion in Limine No. 2: Disputes with Other Reinsurers filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe, #193 MOTION in Limine - Defendant's Motion in Limine No. 1 to Exclude the California Court's Decision From Cannon Electric Inc. v. ACE Property & Casualty Insurance Co. filed by Clearwater Insurance Company. Motion returnable before Judg, #177 MOTION in Limine Utica's Motion in Limine No. 6: NICO, Berkshire, and Buffett filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe, #176 MOTION in Limine Utica's Motion in Limine No. 5: Other Insurance Policies filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe, #195 MOTION in Limine - Defendant's Motion in Limine No. 3 to Exclude Parol Evidence Concerning Utica's or Goulds' Intent to Include Aggregate Limits in the 1978-1981 Primary Policies filed by Clearwater Insurance Company. Motion ret, #178 MOTION in Limine Utica's Motion in Limine No. 7: Fee Dispute with Coverage Counsel filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe, #174 MOTION in Limine Utica's Motion in Limine No. 3: Expert Testimony of John Cole filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe, #196 MOTION in Limine - Defendant's Motion in Limine No. 4 to Exclude Custom and Habit Evidence Concerning Utica's Inclusion of Aggregate Limits in Primary Policies Generally filed by Clearwater Insurance Company. Motion returnable before, #172 MOTION in Limine Utica's Motion in Limine No. 1: California Court Decisions filed by Utica Mutual Insurance Company. Motion returnable before Judge Gary L. Sharpe. Response to Motion due by 12:00 P.M. on 6/1/2021. (jel, )
May 21, 2021 Filing 170 NOTICE of Appearance by Victoria Corder on behalf of Clearwater Insurance Company (Corder, Victoria)
May 11, 2021 Opinion or Order Filing 169 TEXT ONLY ORDER - Pending is a letter motion, filed by attorney for defendant Clearwater Insurance Company Joy Langford, which seeks "an adjournment of the June 21, 2021 trial date." (Dkt. No. 167.) The motion is GRANTED to the limited extent that trial is now set to begin on June 28, 2021 at 9:30 A.M. All other deadlines remain in effect. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 5/11/2021. (jel, )
May 10, 2021 Filing 168 NOTICE of Appearance by Syed S. Ahmad on behalf of Utica Mutual Insurance Company (Ahmad, Syed)
May 6, 2021 Filing 167 Letter Motion from Joy L. Langford for Clearwater Insurance Company requesting adjournment of the June 21, 2021 trial date set by Your Honor in the Trial Order, dated April 30, 2021. submitted to Judge Gary L. Sharpe . (Langford, Joy)
April 30, 2021 Opinion or Order Filing 166 TRIAL ORDER - All parties shall be prepared to proceed according to the schedule recited in this order and attachments unless on or before May 21, 2021, all parties file a Consent to the Exercise of Jurisdiction by a Magistrate Judge. Pretrial Submissions due by 12:00 P.M. on 5/24/2021. Response to any motions in limine are to be filed on or before 12:00 p.m. on 6/1/2021. Final Pretrial Conference set for 6/9/2021 at 10:00 AM in Albany before Senior Judge Gary L. Sharpe. Jury Trial set for 6/21/2021 at 11:00 AM in Albany before Senior Judge Gary L. Sharpe. Signed by Senior Judge Gary L. Sharpe on 4/30/2021. (jel, )
March 31, 2021 Opinion or Order Filing 165 Text Only Order - Attorney Kevin P. Zimmerman's motion to withdraw as counsel for plaintiff, (Dkt. No. 164), is GRANTED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 3/31/2021. (jel, )
March 30, 2021 Filing 164 MOTION to Withdraw as Attorney filed by Utica Mutual Insurance Company. Response to Motion due by 4/20/2021 Motions referred to Therese Wiley Dancks. (Zimmerman, Kevin)
January 5, 2021 Opinion or Order Filing 163 TEXT ONLY ORDER granting #162 Motion to Withdraw as Attorney. Attorney William M. Sneed terminated. Issued by Senior Judge Gary L. Sharpe on 1/5/2021. (jel, )
December 22, 2020 Filing 162 MOTION to Withdraw as Attorney William M. Sneed filed by Utica Mutual Insurance Company. Motions referred to Therese Wiley Dancks. (Sneed, William)
August 30, 2019 Filing 161 NOTICE of Appearance by Joy L. Langford on behalf of Clearwater Insurance Company (Langford, Joy)
August 28, 2019 Opinion or Order Filing 160 TEXT ORDER granting #159 Motion for Limited Admission Pro Hac Vice. of Joy Langford, Esq. for Clearwater Insurance. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/28/2019. (sg)
August 26, 2019 Filing 159 MOTION for Limited Admission Pro Hac Vice of Joy L. Langford Filing fee $100, receipt number ANYNDC-4849700. filed by Clearwater Insurance Company. (Attachments: #1 Petition for Admission to Practice, #2 Declaration of Sponsor, #3 Attorney Registration Form, #4 Certificates of Good Standing, #5 Proposed Order/Judgment, #6 Certificate of Service) Motions referred to Therese Wiley Dancks. (Finnegan, John)
July 25, 2019 Opinion or Order Filing 158 SUMMARY ORDER - That Clearwater's motion for partial summary judgment (Dkt. No. 65) is DENIED. That this action is deemed trial-ready and a scheduling order shall issue in due course. Signed by Senior Judge Gary L. Sharpe on 7/25/2019. (jel, )
June 27, 2019 Filing 157 REPLY to Response to Motion re #65 MOTION for Partial Summary Judgment (Defendant's Rejoinder in Futher Support) filed by Clearwater Insurance Company. (Finnegan, John)
June 21, 2019 Filing 156 NOTICE by Utica Mutual Insurance Company Plaintiffs Surreply in Opposition to Defendants April 20, 2015 Motion for Partial Summary Judgment #65 (Sneed, William)
June 20, 2019 Opinion or Order Filing 155 TEXT ONLY ORDER - Plaintiff Utica Mutual Insurance Company's motion for leave to file a surreply, (Dkt. No. 153), is GRANTED to the extent that it re-files its proposed surreply, (id., Attach. 1), as a final surreply on or before June 21, 2019. Additionally, defendant Clearwater Insurance Company's motion to file a rejoinder, (Dkt. No. 154), is GRANTED to the extent that such rejoinder does not exceed four pages in length and is filed on or before June 28, 2019. IT IS SO ORDERED. Signed by Senior Judge Gary L. Sharpe on 6/20/2019. (jel, )
April 11, 2019 Filing 154 RESPONSE to Motion re #153 Letter Motion from William M. Sneed for Utica Mutual Insurance Company requesting Leave to file four page proposed surreply submitted to Judge Sharpe filed by Clearwater Insurance Company. (Finnegan, John)
April 11, 2019 Filing 153 Letter Motion from William M. Sneed for Utica Mutual Insurance Company requesting Leave to file four page proposed surreply submitted to Judge Sharpe . (Attachments: #1 Exhibit(s) A)(Sneed, William)
April 4, 2019 Filing 152 REPLY to Response to Motion re #65 MOTION for Partial Summary Judgment - (Supplemental Reply Memorandum of Law in Further Support of Defendant's April 20, 2015 Motion for Partial Summary Judgment) filed by Clearwater Insurance Company. (Attachments: #1 Appendix A)(Finnegan, John)
April 2, 2019 Filing 151 NOTICE of Appearance by Allison G. Gold on behalf of Clearwater Insurance Company (Gold, Allison)
April 2, 2019 Opinion or Order Filing 150 TEXT ORDER granting #149 Motion for Limited Admission Pro Hac Vice. of Allison Goodman Gold, Esq. for Clearwater Ins. Co. PLEASE SEE THE FOLLOWING INSTRUCTIONS TO COMPLETE THIS ADMISSION: Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/2/2019. (sg)
April 2, 2019 Filing 149 MOTION for Limited Admission Pro Hac Vice of Allison Goodman Gold Filing fee $100, receipt number ANYNDC-4698752. filed by Clearwater Insurance Company. (Attachments: #1 Sponsor Declaration, #2 Attorney Registration Form, #3 Petition for Admission to Practice, #4 Certificate of Good Standing, #5 Proposed Order/Judgment, #6 Certificate of Service) Motions referred to Therese Wiley Dancks. (Finnegan, John)
March 26, 2019 Filing 148 NOTICE of Appearance by Kevin P. Zimmerman on behalf of Utica Mutual Insurance Company (Zimmerman, Kevin)
March 21, 2019 Filing 147 RESPONSE in Opposition re #65 MOTION for Partial Summary Judgment filed by Utica Mutual Insurance Company. (Sneed, William)
March 4, 2019 Opinion or Order Filing 146 TEXT ORDER granting #145 Motion for Limited Admission Pro Hac Vice of Kevin P. Zimmerman, Esq. for Utica Mutual Insurance Company. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/4/2019. (sg )
March 4, 2019 Filing 145 MOTION for Limited Admission Pro Hac Vice of Kevin P. Zimmerman Filing fee $100, receipt number ANYNDC-4668273. filed by Utica Mutual Insurance Company. (Attachments: #1 Affidavit of Sponsor, #2 Attorney Registration, #3 Petition for Admission to Practice, #4 Certificate of Good Standing) Motions referred to Therese Wiley Dancks. (Steck, Phillip)
February 25, 2019 Filing 144 MEMORANDUM OF LAW re #65 Motion for Partial Summary Judgment,, 143 Order,,,,,,,,,,,,, Supplemental Memorandum of Law in Support of Defendant's April 20, 2015 Motion for Partial Summary Judgment filed by Clearwater Insurance Company. (Finnegan, John)
January 28, 2019 Opinion or Order Filing 143 TEXT ONLY ORDER - Following the Second Circuit's November 21, 2018 mandate, (Dkt. No. 138), the court directed the parties to submit a joint status report addressing (1) whether the court should permit supplemental briefing to resolve the meaning of certain contractual language and (2) all outstanding issues to be resolved at trial, (Dkt. No. 139). Thereafter, the parties, apparently unable to work collegially to accomplish this straightforward task, filed what are, in essence, competing status reports. (Dkt. Nos. 140, 141.)The parties agree on the issues to be resolved at trial--although they present these issues in an unnecessarily broad fashion that is expected to be narrowed considerably before trial--and that supplemental briefing is warranted. (See generally id.) However, the parties disagree on when such briefing should occur. Clearwater requests that the court wait to set briefing until after Judge Brenda K. Sannes issues a decision in a case that deals with similar contractual language in different agreements between different parties because it "could well have dispositive effect in this case." (Dkt. No. 141 at 3; see Utica Mut. Ins. Co. v. Munich Reinsurance Am., Inc., Nos. 12-CV-196, 13-CV-743 (N.D.N.Y.).) Utica opposes Clearwater's proposal. (Dkt. No. 140 at 2.) To the extent that Clearwater's request can be construed as a motion seeking a stay of this matter pending the issuance of a decision in the case before Judge Sannes, it is denied. As always, the parties remain free to apprise the court of any newly-issued, relevant district court decisions, which may provide persuasive authority for the court to consider before issuing a decision in this matter. See Delgado v. Ocwen Loan Servicing, LLC, 13-CV-4427, 2016 WL 4617159, at *7 (E.D.N.Y. Sept. 2, 2016) ("[I]t is fairly standard practice for parties to occasionally send letters or to otherwise file supplemental authority after briefing is complete.") (internal quotation marks and citation omitted). Additionally, Utica's submission includes a request to address the court regarding additional expert disclosures and discovery, "in light of the changed legal circumstances following the Second Circuit's opinion." (Dkt. No. 140 at 3.) Clearwater, at least for now, opposes reopening discovery. (Dkt. No. 141 at 5.) Discovery has been closed for over three years and this court gleans nothing from the Second Circuit's decision that provides a basis to reopen it. As such, Utica's request, (Dkt. No. 140 at 3), is DENIED. The parties are directed to supplement their briefs related to Clearwater's prior motion for partial summary judgment, (Dkt. No. 35), as follows: Clearwater shall file a brief not to exceed ten (10) pages within thirty (30) days of this Text Only Order, at which time Utica shall submit a response not to exceed ten (10) pages within thirty (30) days of the filing Clearwater's opening brief, at which time Clearwater may file a reply not to exceed five (5) pages within fifteen (15) days of Uticas response. The parties are reminded to focus exclusively on the narrow issue of the meaning of "not covered by" and encouraged to reference documents that are already before the court (e.g., a previously-filed statement of material facts) where doing so is efficient. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 1/28/2019. (jel, )
January 18, 2019 Filing 142 NOTICE of Appearance by Thomas J. McCormack on behalf of Clearwater Insurance Company (McCormack, Thomas)
January 17, 2019 Filing 141 Letter Motion from John F. Finnegan for Clearwater Insurance Company requesting the Court's guidance as to how to proceed and to advise the Court of an unusual situation submitted to Judge Gary L. Sharpe . (Finnegan, John)
January 17, 2019 Filing 140 STATUS REPORT by Utica Mutual Insurance Company. (Sneed, William)
January 2, 2019 Opinion or Order Filing 139 TEXT ONLY ORDER - On November 21, 2018 the United States Court of Appeals for the Second Circuit issued a mandate, (Dkt. No. 138), which vacated this court's prior grant of partial summary judgment in favor of Clearwater Insurance Company, (Dkt. No. 54), and a later judgment that granted summary judgment in favor of Utica Mutual Insurance Company, denied Clearwater's motion for partial summary judgment, and dismissed Clearwater's counterclaim, (Dkt. No. 106). The Second Circuit remanded the matter for this court "to determine whether Clearwater's obligations under the reinsurance contracts encompass asbestos-related claims" and "to determine indemnification that Clearwater owes to Utica under (1) the TPF&C memoranda and (2) the Clearwater certificates on the basis of Utica's proven liability under its umbrella policies." (Dkt. No. 138 at 31.) In light of the Second Circuit's ruling, the first unresolved issue is whether Utica's umbrella policies insure certain asbestos-related expenses such that the Clearwater certificates also cover these expenses in addition to their reinsurance liability limits. (Id. at 18-19.) The Second Circuit indicated that resolution of this issue requires factual findings, (id. at 17-20), and turns on the meaning of "not covered by" in the umbrella policies, which both parties have previously briefed, (Dkt. No. 65, Attach. 9 at 10-19; Dkt. No. 79 at 9-20). Additionally, after holding "as a matter of law that Clearwater is not obligated... to follow Utica's settlement with the Goulds, (Dkt. No. 138 at 30), the Second Circuit "remand[ed] for trial" the determination of Clearwater's liability to Utica under both the TPF&C memoranda and the Clearwater certificates, (id. at 31).Accordingly, the parties are directed to submit a joint status report, within fifteen (15) days of this Text Only Order, addressing (1) whether the court should resolve the meaning of "not covered by" based on the parties' previously-filed summary judgment papers or permit supplemental briefing and (2) all outstanding issues to be resolved at trial. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 1/2/2019. (jel, )
November 21, 2018 Filing 138 MANDATE of USCA as to the #135 Notice of Appeal, filed by Clearwater Insurance Company. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is VACATED and REMANDED for further proceedings consistent with this Court's opinion. (Opinion attached) [Mandate Issued on 11/21/2018] (meb)
September 25, 2018 Filing 137 CERTIFIED COPY OF AN ORDER of USCA as to the #135 Notice of Appeal. We VACATE the judgment of the district court as to the appeal and REMAND for the district court to determine whether Clearwater's obligations under the reinsurance contracts encompass asbestos-related claims. We also VACATE the judgment of the district court as to the cross-appeal and REMAND for the district court to determine indemnification that Clearwater owes to Utica under (1) the TPF&C memoranda and (2) the Clearwater certificates on the basis of Uticas proven liability under its umbrella policies issued to Goulds. [Certified Copy issued on 9/25/2018](meb)
August 15, 2016 Filing 136 ELECTRONIC NOTICE AND CERTIFICATION sent to U.S. Court of Appeals re #135 Notice of Appeal. (lah)
August 12, 2016 Filing 135 NOTICE OF APPEAL as to #130 Order,,,, #106 Order on Motion for Summary Judgment,,, Order on Motion for Partial Summary Judgment,, #131 Judgment, #98 Order on Appeal of Magistrate Judge Decision to District Court, #59 Order on Motion to Compel,,,,, by Clearwater Insurance Company. Filing fee $ 505, receipt number 0206-3758287. (Finnegan, John)
August 8, 2016 Filing 134 MANDATE of USCA. The motion of Appellee-Cross-Appellant to dismiss these appeals as premature is GRANTED, and the appeals are DISMISSED. (lah)
July 18, 2016 Filing 133 ELECTRONIC NOTICE AND CERTIFICATION sent to U.S. Court of Appeals re #132 Notice of Appeal. (lah)
July 14, 2016 Filing 132 NOTICE OF APPEAL as to #99 Order on Motion for Reconsideration,, Order on Motion to Strike, #130 Order,,,, #131 Judgment, #54 Order on Motion for Partial Summary Judgment, by Utica Mutual Insurance Company. Filing fee $ 505, receipt number 0206-3729773. (Sneed, William)
July 14, 2016 Filing 131 JUDGMENT in favor of Utica Mutual Insurance Company against Clearwater Insurance Company. (jel, )
July 14, 2016 Opinion or Order Filing 130 SUMMARY ORDER - ORDERED that judgment in the amount of $5,947,094.74 plus prejudgment interest in the amount of $941,433.24 be entered in favor of Utica; and it is further ORDERED that Clearwater is obligated to pay all future billings that are consistent with past billings under Reinsurance Contract No. N 21163, within ninety (90) days of the date of each such billing, up to the total amount of $5,000,000 under that Reinsurance Contract (inclusive of amounts that Reinsurance Contract that comprise part of the principal balance of $5,947,094.74); and it is further ORDERED that Clearwater is obligated to pay all future billings that are consistent with past billings under Reinsurance Contract Nos. V-1522, HC-80-0098, and HC-81-0098, within ninety (90) days of the date of each such billing; and it is further ORDERED that the Clerk shall provide a copy of the Summary Order to the parties. Signed by Senior Judge Gary L. Sharpe on 7/14/2016. (jel, )
July 13, 2016 Filing 129 LETTER BRIEF Letter re date of most recent billing by Utica Mutual Insurance Company. (Sneed, William)
July 11, 2016 Opinion or Order Filing 128 TEXT ONLY ORDER After the parties were unable to settle their dispute over prejudgment interest, (Dkt. No. 124), the court requires additional information from the parties to calculate damages, (Dkt. No. 125). The parties are directed to jointly provide the date of the most recent billing from Utica to Clearwater and the principal balance owed by Clearwater to Utica as of the date of this order on or before Thursday, July 14, 2016 at noon. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/11/2016. (jel, )
July 5, 2016 Filing 127 TRANSCRIPT REQUEST by Clearwater Insurance Company for proceedings held on June 16, 2016 before Judge Gary L. Sharpe.. (Finnegan, John)
July 5, 2016 Filing 126 TRANSCRIPT of Proceedings: Status Conference held on June 16, 2016 before Judge Gary L. Sharpe, Court Reporter: Theresa J. Casal, Telephone number: 518.257.1897. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/26/2016. Redacted Transcript Deadline set for 8/5/2016. Release of Transcript Restriction set for 10/3/2016. Notice of Intent to Redact due by 7/11/2016 (tjc, )
June 24, 2016 Opinion or Order Filing 125 TEXT ONLY ORDER - The court is in receipt of the parties' joint letter motion, (Dkt. No. 124), acknowledging their inability to settle the controversy over prejudgment interest and requesting that the court issue an order to resolve the matter. The motion, (Dkt. No. 124), is GRANTED, and the court will issue an order in due course. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 6/24/2016. (jel, )
June 23, 2016 Filing 124 Joint Letter Motion from John F. Finnegan for Clearwater Insurance Company requesting that the Court issue an order resolving the parties controversy relating to prejudgment interest submitted to Judge Gary L. Sharpe . (Finnegan, John)
June 16, 2016 Text Only Minute Entry for proceedings held before Senior Judge Gary L. Sharpe: CRD: John Law. In Chambers Conference held on 6/16/2016. Appearances Made: Daniel Thies, Esq., for the plaintiff and John Finnegan, Esq., for the defendant. Court discusses with the parties to get to final judgment. Parties make their proposals and present their arguments. Court will keep record open to see if the parties can settle this matter by Thursday. If not, the court will issue a decision on the issued pending before the court. (Court Reporter Theresa Casal) Time: 1:00-1:30 p.m. (jel, )
May 11, 2016 TEXT ONLY NOTICE of Hearing: Due to a conflict in the court's calendar, the In-Court Conference has been reset for 6/16/2016 at 01:00 PM in Albany before Senior Judge Gary L. Sharpe. (jel, )
May 6, 2016 Opinion or Order Filing 123 Text Only Order - After the court awarded summary judgment to plaintiff Utica Mutual Insurance Company, (Dkt No. 106), the parties jointly submitted a memorandum regarding outstanding damages disputes, (Dkt No. 113). The court received further briefing on the remaining issues, notably, on the dispute over prejudgment interest. (Dkt. Nos. 119-22.) Because the calculation of prejudgment interest in this case may present complicated computation questions for the court, the parties are order to appear in person for an in-court conference on Tuesday, May 24, 2016 at 11:00 a.m. Among other issues, the parties should be prepared to articulate their respective positions on all of the courts options in calculating prejudgment interest under N.Y. CPLR 5001(b). Specifically, the parties should address whether the court must make factual findings to determine what is "a single reasonable intermediate date," N.Y. CPLR 5001(b), and what process is required to make such factual findings should they prove necessary. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 5/6/2016. (jel, )
April 1, 2016 Filing 122 MEMORANDUM OF LAW re #120 Memorandum of Law,, filed by Utica Mutual Insurance Company. (Attachments: #1 Exhibit(s) A, #2 Declaration of Daniel R. Thies, #3 Exhibit(s) 10, #4 Exhibit(s) 11, #5 Exhibit(s) 12)(Thies, Daniel)
April 1, 2016 Filing 121 MEMORANDUM OF LAW re #120 Memorandum of Law,, /Defendant's Reply Memorandum of Law in Opposition to Plaintiff's Calculation of Prejudgment Interest filed by Clearwater Insurance Company. (Attachments: #1 Affidavit Of John F. Finnegan, #2 Exhibit(s) 8, #3 Exhibit(s) 9, #4 Exhibit(s) 10, #5 Certificate of Service)(Finnegan, John)
March 11, 2016 Filing 120 MEMORANDUM OF LAW In Support Of Its Prejudgment Interest Recovery Under NY CPLR 5001 filed by Utica Mutual Insurance Company. (Attachments: #1 Declaration of Daniel R. Thies, #2 Exhibit(s) 1 to Declaration Daniel R. Thies, #3 Exhibit(s) 2 to Declaration Daniel R. Thies, #4 Exhibit(s) 3 to Declaration Daniel R. Thies, #5 Exhibit(s) 4 to Declaration Daniel R. Thies, #6 Exhibit(s) 5 to Declaration Daniel R. Thies, #7 Exhibit(s) 6 to Declaration Daniel R. Thies, #8 Exhibit(s) 7 to Declaration Daniel R. Thies, #9 Exhibit(s) 8 to Declaration Daniel R. Thies, #10 Exhibit(s) 9 to Declaration Daniel R. Thies)(Sneed, William)
March 11, 2016 Filing 119 MEMORANDUM OF LAW /Defendant's Opening Memorandum Of Law In Opposition To Plaintiff's Calculation Of Prejudgment Interest filed by Clearwater Insurance Company. (Attachments: #1 Affidavit of Theresa Chavez, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7)(Finnegan, John)
March 3, 2016 Filing 118 ELECTRONIC NOTICE AND CERTIFICATION sent to U.S. Court of Appeals re #117 Notice of Appeal. (lah)
March 2, 2016 Filing 117 NOTICE OF APPEAL as to #99 Order on Motion for Reconsideration,, Order on Motion to Strike, #54 Order on Motion for Partial Summary Judgment, by Utica Mutual Insurance Company. Filing fee $ 505, receipt number 0206-3591812. (Sneed, William)
February 19, 2016 Filing 116 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #115 Notice of Appeal. (dpk)
February 18, 2016 Filing 115 NOTICE OF APPEAL as to #108 Judgment,, #106 Order on Motion for Summary Judgment,,, Order on Motion for Partial Summary Judgment,, #98 Order on Appeal of Magistrate Judge Decision to District Court by Clearwater Insurance Company. Filing fee $ 505, receipt number 0206-3577854. (Finnegan, John)
February 16, 2016 Opinion or Order Filing 114 TEXT ONLY ORDER - On February 12, 2016, the parties submitted a joint letter, (Dkt. No. 113), as ordered by the court to delineate outstanding discovery issues. The parties dispute certain issues regarding the calculation of prejudgment interest. (Id. paragraph 3.) The court agrees with the parties' proposed briefing schedule to further elaborate on their respective positions. Accordingly, simultaneous briefs are due March 11, 2016, and simultaneous responses are due April 1, 2016. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 2/16/2016. (jel, )
February 12, 2016 Filing 113 NOTICE by Utica Mutual Insurance Company re #106 Order on Motion for Summary Judgment,,, Order on Motion for Partial Summary Judgment,, (Joint Submission Regarding Outstanding Damages Disputes) (Sneed, William)
February 4, 2016 Opinion or Order Filing 112 TEXT ONLY ORDER - Before the court is a letter submitted jointly by the parties, (Dkt. No. 110), requesting an extension to report on outstanding damages issues as requested by the court in its order dated January 20, 2016, (Dkt. No. 106 at 25). The request is GRANTED and the parties are ordered to file a report on or before February 12, 2016. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 2/4/2016. (jel, )
February 3, 2016 Opinion or Order Filing 111 TEXT ORDER granting #109 Letter Request for adjournment of the 2/5/2016 pre-motion telephone conference without prejudice to request to reschedule the conference at a later date, if necessary. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/3/2016. (sg)
February 3, 2016 Filing 110 Joint Letter Motion from William M. Sneed for Utica Mutual Insurance Company requesting To Extend The Deadline To Report On Any Outstanding Issues On Damages submitted to Judge Gary L. Sharpe . (Sneed, William)
February 3, 2016 Filing 109 Joint Letter Motion from William M. Sneed for Utica Mutual Insurance Company requesting To Remove The 2/5/2016, Pre-Motion Telephone Conference From The Calendar submitted to Judge Therese Wiley Dancks . (Sneed, William)
January 20, 2016 Opinion or Order Filing 108 PARTIAL JUDGMENT: IT IS ORDERED AND ADJUDGED that Uticas motion for summary judgment (Dkt. No. 64) is GRANTED. That Clearwaters motion for partial summary judgment (Dkt. No. 65) is DENIED. That Clearwaters counterclaim (Dkt. No. 17 paragraphs 66-70) is DISMISSED. That judgment is entered in favor of Utica on its billings to Clearwater under the Clearwater Certificates and TPFC Memoranda, in accordance with the Memorandum-Decision and Order issued by District Judge Gary L. Sharpe on January 20, 2016. (jel, )
January 20, 2016 Filing 107 ***SEALED DOCUMENT. (jel, ) (jel, ).
January 20, 2016 Opinion or Order Filing 106 REDACTED MEMORANDUM-DECISION and ORDER - That Utica's #64 Motion for Summary Judgment is GRANTED. That Clearwater's #65 Motion for Partial Summary Judgment is DENIED. That Clearwater's counterclaim (Dkt. No. 17 paragraphs 66-70) is DISMISSED. That the Clerk enter judgment in favor of Utica on its billings to Clearwater under the Clearwater Certificates and TPFC Memoranda. That the parties shall confer and advise the court within fourteen (14) days about outstanding issues regarding damages. That the Clerk issue this Memorandum-Decision and Order under seal and publicly file a redacted version of the same on the docket. Signed by Senior Judge Gary L. Sharpe on 1/20/2016. (jel, )
January 15, 2016 Opinion or Order Filing 105 TEXT ORDER granting #104 Letter Request for a pre-motion telephone conference. Telephone Conference set for 2/5/2016 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Defendant's counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/14/2016. (sg)
January 13, 2016 Filing 104 Letter Motion from John F. Finnegan for Clearwater Insurance Company requesting a telephonic pre-motion conference to discuss filing a motion to reopen discovery for a very narrow purpose submitted to Judge Therese Wiley Dancks . (Attachments: #1 Tab 1, #2 Tab 2, #3 Tab 3, #4 Tab 4)(Finnegan, John)
October 20, 2015 Filing 103 NOTICE by Clearwater Insurance Company /Notice Of Withdrawal Of Appearance And Request For Removal From Service Lists for Melissa K. DePetris (DePetris, Melissa)
September 9, 2015 Opinion or Order Filing 102 ORDER granting #95 Motion to Seal Document. Signed by Judge Gary L. Sharpe on 9/9/2015. (jel, )
August 13, 2015 Filing 101 NOTICE of Appearance by Melissa K. DePetris on behalf of Clearwater Insurance Company (DePetris, Melissa)
August 13, 2015 Filing 100 NOTICE of Appearance by David M. Raim on behalf of Clearwater Insurance Company (Raim, David)
July 23, 2015 Opinion or Order Filing 99 SUMMARY ORDER - That Utica's #66 Motion for Reconsideration of the court's November 20, 2014 Memorandum-Decision and Order is DENIED. That Clearwater's #78 Motion to Strike is DENIED as moot. Signed by Chief Judge Gary L. Sharpe on 7/23/2015. (jel, )
July 14, 2015 Opinion or Order Filing 98 SUMMARY ORDER - That the January 20, 2015 Decision and Order of Magistrate Judge Therese Wiley Dancks (Dkt. NO. 59) is AFFIRMED. Signed by Chief Judge Gary L. Sharpe on 7/14/2015. (jel, )
June 23, 2015 Filing 97 ***SEALED DOCUMENT: filed by Clearwater Insurance Company. Unredacted copy of Defendant's Response to Plaintiff's Rule 7.1(a)(3) Statement of Additional Material Facts. {Sealed pursuant to the #28 Stipulated Protective Order} (mc) (mc, ).
June 23, 2015 Filing 96 ***SEALED DOCUMENT: filed by Clearwater Insurance Company. Unredacted copy of Defendant's Reply Memorandum of Law in further support of Defendant's April 20, 2015 Motion for Partial Summary Judgment and Cover Letter. {Sealed pursuant to the #28 Stipulated Protective Order} (mc) (mc, ). (Additional attachment(s) added on 6/24/2015: #1 Affidavit) (mc, ). (Additional attachment(s) added on 6/24/2015: #2 Exhibit 8) (mc, ). (Additional attachment(s) added on 6/24/2015: #3 Exhibit 9) (mc, ). (Additional attachment(s) added on 6/24/2015: #4 Exhibit 10) (mc, ). (Additional attachment(s) added on 6/24/2015: #5 Exhibit 11) (mc, ). (Additional attachment(s) added on 6/24/2015: #6 Exhibit 12) (mc, ). (Additional attachment(s) added on 6/24/2015: #7 Exhibit 13) (mc, ). (Additional attachment(s) added on 6/24/2015: #8 Exhibit 14) (mc, ). (Additional attachment(s) added on 6/24/2015: #9 Cover Letter) (mc, ).
June 22, 2015 Filing 95 MOTION to Seal Document (with proposed Order) filed by Utica Mutual Insurance Company. (Attachments: #1 Cover Letter) (dpk)
June 22, 2015 Filing 94 STATEMENT OF MATERIAL FACTS re #64 MOTION for Summary Judgment (Redacted Version) Defendant's Response to Plaintiff's Rule 7.1(a)(3) Statement of Additional Facts filed by Clearwater Insurance Company. (Finnegan, John)
June 22, 2015 Filing 93 REPLY to Response to Motion re #65 MOTION for Partial Summary Judgment filed by Clearwater Insurance Company. (Attachments: #1 Affidavit of John F. Finnegan, #2 Exhibit(s) 8, #3 Exhibit(s) 9, #4 Exhibit(s) 10, #5 Exhibit(s) 11, #6 Exhibit(s) 12, #7 Exhibit(s) 13, #8 Exhibit(s) 14)(Finnegan, John)
June 22, 2015 Filing 92 REPLY to Response to Motion re #64 MOTION for Summary Judgment (Redacted Version) filed by Utica Mutual Insurance Company. (Attachments: #1 Response To Defendant's Statement Of Additional Material Facts Related To Plaintiff's Motion For Summary Judgment, #2 Declaration of Daniel Hammond, #3 Declaration of Daniel R. Thies, #4 Exhibit(s) 1 to of Declaration of Daniel R. Thies, #5 Exhibit(s) 2 to of Declaration of Daniel R. Thies, #6 Exhibit(s) 3 to of Declaration of Daniel R. Thies, #7 Exhibit(s) 4 to of Declaration of Daniel R. Thies, #8 Exhibit(s) 5 to of Declaration of Daniel R. Thies, #9 Exhibit(s) 6 to of Declaration of Daniel R. Thies, #10 Exhibit(s) 7 to of Declaration of Daniel R. Thies, #11 Declaration of Bernard J. Turi, #12 Exhibit(s) 1 to Declaration of Bernard J. Turi, #13 Exhibit(s) 2 to Declaration of Bernard J. Turi, #14 Exhibit(s) 3 to Declaration of Bernard J. Turi, #15 Exhibit(s) 4 Declaration of Bernard J. Turi)(Sneed, William) (Additional attachment(s) added on 4/24/2018: #16 Unredacted Version of Dkt. No. 92-4 Exhibit 1 to Declaration of Daniel R. Thies) (jel, ). (Attachment 7 replaced on 4/24/2018) (jel, ). (Attachment 12 replaced on 4/24/2018) (jel, ). (Attachment 13 replaced on 4/24/2018) (jel, ). (Attachment 14 replaced on 4/24/2018) (jel, ).
June 16, 2015 Filing 91 RESPONSE TO LETTER BRIEF filed by Clearwater Insurance Company as to #90 LETTER BRIEF filed by Utica Mutual Insurance Company . (Finnegan, John)
June 16, 2015 Filing 90 LETTER BRIEF Notice Of Supplemental Authority by Utica Mutual Insurance Company. (Attachments: #1 Exhibit(s) A)(Sneed, William)
June 16, 2015 CLERK'S CORRECTION OF DOCKET ENTRY: At the request of attorney Williams Sneed's office, the Clerk has deleted the #90 Letter Brief / Notice of Supplemental Authority as the wrong attachment was added. Attorney Sneed is directed to refile the docket entry with the correct attachments ASAP. (jmb)
June 15, 2015 Filing 89 RESPONSE to Motion re #78 MOTION to Strike #66 MOTION for Reconsideration re #54 Order on Motion for Partial Summary Judgment, /Motion To Stike Documents Presented To The Court For The First Time With Plaintiff's Motion Seeking Reconsideration Of T filed by Utica Mutual Insurance Company. (Attachments: #1 Declaration of Thomas D. Cunningham)(Sneed, William)
June 3, 2015 Opinion or Order Filing 82 LETTER/ORDER granting #81 Joint MOTION for Extension of Time to File Response/Reply as to #64 MOTION for Summary Judgment (Redacted Version) and #68 Mt for Partial Sum. Jmt., along with request to enlarge Utica reply brief to 20 pages filed by Utica Mutual Insurance Company - Setting Hearing on Motion #65 MOTION for Partial Summary Judgment , #64 MOTION for Summary Judgment (Redacted Version) : Reply to Response to Motion due by 6/22/2015., Motion Hearing set for 7/2/2015 at 09:00 AM in Albany before Chief Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed. Signed by Chief Judge Gary L. Sharpe on 6/3/2015. (jel, ) Modified on 6/25/2015 (jel, ).
June 2, 2015 Filing 88 ***SEALED DOCUMENT filed by Clearwater Insurance Company. Volume 4 of 4 - Unredacted Exhibits 90 - 115 to the Affidavit of John Finnegan. {Sealed pursuant to the #28 Stipulated Protective Order}(jmb) (Additional attachment(s) added on 6/17/2015: #1 Exhibit 91, #2 Exhibit 92 - 10/31/2014 Erosion Worksheet, #3 Exhibit 93, #5 Exhibit 94 - 2015 Bests Report - Utica, #6 Exhibit 95, #7 Exhibit 96, #8 Exhibit 97, #9 Exhibit 98, #10 Exhibit 99, #11 Exhibit 100, #12 Exhibit 101, #13 Exhibit 102, #14 Exhibit 103, #15 Exhibit 104, #16 Exhibit 105, #17 Exhibit 106, #18 Exhibit 107, #19 Exhibit 108 - 3/20/2015 Chavez Deposition Transcript Excerpt, #20 Exhibit 109 - 3/19/2015 - Choi Deposition Transcript Excerpt, #21 Exhibit 110 - 3/18/2015 - McCaffrey Deposition Transcript Excerpt, #22 Exhibit 111, #23 Exhibit 112 - 602005 UM Chart Orphan Policy Years, #24 Exhibit 113, #25 Exhibit 114, #26 Exhibit 115) (jmb, ).
June 2, 2015 Filing 87 ***SEALED DOCUMENT filed by Clearwater Insurance Company. Volume 3 of 4 - Unredacted Exhibits 61 - 89 to the Affidavit of John Finnegan. {Sealed pursuant to the #28 Stipulated Protective Order}(jmb) (Additional attachment(s) added on 6/17/2015: #1 Exhibit 62, #2 Exhibit 63, #3 Exhibit 64 - 4/4/2006 Utica Letter to TPFC, #4 Exhibit 65, #5 Exhibit 66, #6 Exhibit 67, #7 Exhibit 68, #8 Exhibit 69 - 10/25/2006 Martin Letter to Clearwater, #9 Exhibit 70, #10 Exhibit 71, #11 Exhibit 72, #12 Exhibit 73, #13 Exhibit 74, #14 Exhibit 75, #15 Exhibit 76, #16 Exhibit 77, #17 Exhibit 78 - 7/18/2007 Update to Clearwater encl. settlement agreement, #18 Exhibit 79, #19 Exhibit 80, #20 Exhibit 81, #21 Exhibit 82, #22 Exhibit 83 - 3/5/2010 Clearwater email question increase, #23 Exhibit 84 - 11/15/2010 email, #24 Exhibit 85 - 11/15/2010 Email chain re Clearwater questions, #25 Exhibit 86, #26 Exhibit 87, #27 Exhibit 88 - 11/9/2012 McCaffrey email with ROR, #28 Exhibit 89) (jmb, ).
June 2, 2015 Filing 86 ***SEALED DOCUMENT filed by Clearwater Insurance Company. Volume 2 of 4 - Unredacted Exhibits 29 - 60 to the Affidavit of John Finnegan. {Sealed pursuant to the #28 Stipulated Protective Order} (jmb) (Additional attachment(s) added on 6/17/2015: #1 Exhibit 30, #2 Exhibit 31, #3 Exhibit 32, #4 Exhibit 33, #5 Exhibit 34, #6 Exhibit 35, #7 Exhibit 36, #8 Exhibit 37, #9 Exhibit 38, #10 Exhibit 39, #11 Exhibit 40, #12 Exhibit 41 - 7/26/2005 Martin Letter to Clearwater, #13 Exhibit 42, #14 Exhibit 43, #15 Exhibit 44, #16 Exhibit 45, #17 Exhibit 46, #18 Exhibit 47, #19 Exhibit 48, #20 Exhibit 49, #21 Exhibit 50, #22 Exhibit 51, #23 Exhibit 52, #24 Exhibit 53, #25 Exhibit 54, #26 Exhibit 55, #27 Exhibit 56, #28 Exhibit 57, #29 Exhibit 58, #30 Exhibit 59, #31 Exhibit 60 - 12/22/2005 Erosion Worksheet) (jmb, ).
June 2, 2015 Filing 85 ***SEALED DOCUMENT filed by Clearwater Insurance Company. Volume 1 of 4 - Unredacted Exhibits 1 - 28 to the Affidavit of John Finnegan. {Sealed pursuant to the #28 Stipulated Protective Order}(jmb) (Additional attachment(s) added on 6/17/2015: #1 Exhibit 2 - 1978 Primary Policy, #2 Exhibit 3 - 1979 Primary Policy, #3 Exhibit 4 - 1980 Primary Policy, #4 Exhibit 5 - 1981 Primary Policy, #5 Exhibit 6 - 1982 Primary Policy, #6 Exhibit 7 - 1978 Umbrella Policy, #7 Exhibit 8 - 1979 - Umbrella Policy, #8 Exhibit 9 - 1980 Umbrella Policy, #9 Exhibit 10 - 1981 Umbrella Policy, #10 Exhibit 11 - 1978 N 21163 Facultative Cert, #11 Exhibit 12 - 1979 N 22001 Facultative Cert, #12 Exhibit 13 - 1979-1981 Memoranda of Reinsurance, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 18, #18 Exhibit 19 - 2002 Utica Notice Letter to Odyssey Reinsurance Corp, #19 Exhibit 20, #20 Exhibit 21, #21 Exhibit 22, #22 Exhibit 23, #23 Exhibit 24, #24 Exhibit 25, #25 Exhibit 26, #26 Exhibit 27, #27 Exhibit 28) (jmb, ).
June 2, 2015 Filing 84 ***SEALED DOCUMENT filed by Clearwater Insurance Company. Unredacted copies of defendant's Memorandum of Law, Affidavit of John Finnegan, Statement of Material Facts and Cover Letter. {Sealed pursuant to the #28 Stipulated Protective Order} (jmb) (Additional attachment(s) added on 6/17/2015: #1 Affidavit of John Finnegan, #2 Statement of Material Facts Response, #3 Cover Letter with copy of Protective Order) (jmb, ).
June 2, 2015 Filing 81 Joint MOTION for Extension of Time to File Response/Reply as to #64 MOTION for Summary Judgment (Redacted Version) and #68 Mt for Partial Sum. Jmt., along with request to enlarge Utica reply brief filed by Utica Mutual Insurance Company. Motions referred to Therese Wiley Dancks. (Cunningham, Thomas)
June 1, 2015 Filing 83 ***SEALED DOCUMENTS filed by Utica Mutual Insurance Company. Full unredacted versions of the Motion to file documents under Seal, Memorandum of Law in opposition to defendant's Motion for Summary Judgment, Plaintiff's Statement of Additional Material Facts and Response to Defendant's Statement, Declaration of Daniel R. Thies with Exhibits 1-11, Declaration of Bernard J. Turi with Exhibits 1-3. Redacted versions of these documents have already been filed in the CM/ECF system. {Documents filed under seal pursuant to the #28 Stipulated Protective Order} (jmb) (Additional attachment(s) added on 6/25/2015: #1 Statement of Material Facts, #2 Memorandum of Law, #3 Declaration of Daniel R. Thies with Exhibits 1 -11, #4 Declaration of Bernard J. Turi with Exhibits 1 - 3, #5 Cover Letter) (jmb, ).
June 1, 2015 Filing 80 RESPONSE to Motion re #64 MOTION for Summary Judgment (Redacted Version) filed by Clearwater Insurance Company. (Attachments: #1 Memorandum of Law in opposition to Plaintiff's April 20, 2015 Motion for Summary Judgment, #2 Affidavit Of John F. Finnegan, #3 Exhibit(s) 1, #4 Exhibit(s) 2, #5 Exhibit(s) 3, #6 Exhibit(s) 4, #7 Exhibit(s) 5, #8 Exhibit(s) 6, #9 Exhibit(s) 7, #10 Exhibit(s) 8, #11 Exhibit(s) 9, #12 Exhibit(s) 10, #13 Exhibit(s) 11, #14 Exhibit(s) 12, #15 Exhibit(s) 13, #16 Exhibit(s) 14, #17 Exhibit(s) 15, #18 Exhibit(s) 16, #19 Exhibit(s) 17, #20 Exhibit(s) 18, #21 Exhibit(s) 19, #22 Exhibit(s) 20, #23 Exhibit(s) 21, #24 Exhibit(s) 22, #25 Exhibit(s) 23, #26 Exhibit(s) 24, #27 Exhibit(s) 25, #28 Exhibit(s) 26, #29 Exhibit(s) 27, #30 Exhibit(s) 28, #31 Exhibit(s) 29, #32 Exhibit(s) 30, #33 Exhibit(s) 31, #34 Exhibit(s) 32, #35 Exhibit(s) 33, #36 Exhibit(s) 34, #37 Exhibit(s) 35, #38 Exhibit(s) 36, #39 Exhibit(s) 37, #40 Exhibit(s) 38, #41 Exhibit(s) 39, #42 Exhibit(s) 40, #43 Exhibit(s) 41, #44 Exhibit(s) 42, #45 Exhibit(s) 43, #46 Exhibit(s) 44, #47 Exhibit(s) 45, #48 Exhibit(s) 46, #49 Exhibit(s) 47, #50 Exhibit(s) 48, #51 Exhibit(s) 49, #52 Exhibit(s) 50, #53 Exhibit(s) 51, #54 Exhibit(s) 52, #55 Exhibit(s) 53, #56 Exhibit(s) 54, #57 Exhibit(s) 55, #58 Exhibit(s) 56, #59 Exhibit(s) 57, #60 Exhibit(s) 58, #61 Exhibit(s) 59, #62 Exhibit(s) 60, #63 Exhibit(s) 61, #64 Exhibit(s) 62, #65 Exhibit(s) 63, #66 Exhibit(s) 64, #67 Exhibit(s) 65, #68 Exhibit(s) 66, #69 Exhibit(s) 67, #70 Exhibit(s) 68, #71 Exhibit(s) 69, #72 Exhibit(s) 70, #73 Exhibit(s) 71, #74 Exhibit(s) 72, #75 Exhibit(s) 73, #76 Exhibit(s) 74, #77 Exhibit(s) 75, #78 Exhibit(s) 76, #79 Exhibit(s) 77, #80 Exhibit(s) 78, #81 Exhibit(s) 79, #82 Exhibit(s) 80, #83 Exhibit(s) 81, #84 Exhibit(s) 82, #85 Exhibit(s) 83, #86 Exhibit(s) 84, #87 Exhibit(s) 85, #88 Exhibit(s) 86, #89 Exhibit(s) 87, #90 Exhibit(s) 88, #91 Exhibit(s) 89, #92 Exhibit(s) 90, #93 Exhibit(s) 91, #94 Exhibit(s) 92, #95 Exhibit(s) 93, #96 Exhibit(s) 94, #97 Exhibit(s) 95, #98 Exhibit(s) 96, #99 Exhibit(s) 97, #100 Exhibit(s) 98, #101 Exhibit(s) 99, #102 Exhibit(s) 100, #103 Exhibit(s) 101, #104 Exhibit(s) 102, #105 Exhibit(s) 103, #106 Exhibit(s) 104, #107 Exhibit(s) 105, #108 Exhibit(s) 106, #109 Exhibit(s) 107, #110 Exhibit(s) 108, #111 Exhibit(s) 109, #112 Exhibit(s) 110, #113 Exhibit(s) 111, #114 Exhibit(s) 112, #115 Exhibit(s) 113, #116 Exhibit(s) 114, #117 Exhibit(s) 115)(Finnegan, John) (Attachment 16 replaced on 6/2/2015) (jel, ). 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(Attachment 63 replaced on 6/2/2015) (jel, ). (Attachment 64 replaced on 6/2/2015) (jel, ). (Attachment 65 replaced on 6/2/2015) (jel, ). (Attachment 67 replaced on 6/2/2015) (jel, ). (Attachment 70 replaced on 6/2/2015) (jel, ). (Attachment 72 replaced on 6/2/2015) (jel, ). (Attachment 73 replaced on 6/2/2015) (jel, ). (Attachment 74 replaced on 6/2/2015) (jel, ). (Attachment 75 replaced on 6/2/2015) (jel, ). (Attachment 76 replaced on 6/2/2015) (jel, ). (Attachment 77 replaced on 6/2/2015) (jel, ). (Attachment 78 replaced on 6/2/2015) (jel, ). (Attachment 79 replaced on 6/2/2015) (jel, ). (Attachment 81 replaced on 6/2/2015) (jel, ). (Attachment 82 replaced on 6/2/2015) (jel, ). (Attachment 83 replaced on 6/2/2015) (jel, ). (Attachment 84 replaced on 6/2/2015) (jel, ). (Attachment 88 replaced on 6/2/2015) (jel, ). (Attachment 89 replaced on 6/2/2015) (jel, ). (Attachment 91 replaced on 6/2/2015) (jel, ). (Attachment 92 replaced on 6/2/2015) (jel, ). 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June 1, 2015 Filing 79 RESPONSE in Opposition re #65 MOTION for Partial Summary Judgment (Redacted Version) filed by Utica Mutual Insurance Company. (Attachments: #1 Statement of Material Facts, #2 Declaration of Daniel J. Thies, #3 Exhibit(s) 1, #4 Exhibit(s) 2, #5 Exhibit(s) 3, #6 Exhibit(s) 4, #7 Exhibit(s) 5, #8 Exhibit(s) 6, #9 Exhibit(s) 7, #10 Exhibit(s) 8, #11 Exhibit(s) 9, #12 Exhibit(s) 10, #13 Exhibit(s) 11, #14 Declaration of Bernard J, Turi, #15 Exhibit(s) 1, #16 Exhibit(s) 2, #17 Exhibit(s) 3)(Sneed, William)
June 1, 2015 TEXT ONLY NOTICE of Hearing on Motion #66 MOTION for Reconsideration re #54 Order on Motion for Partial Summary Judgment, , #65 MOTION for Partial Summary Judgment , #60 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Clearwater Insurance Company re #59 Order on Motion to Compel,,,,, , #64 MOTION for Summary Judgment (Redacted Version) : Motion Hearing has been reset for 7/2/2015 at 09:00 AM in Albany before Chief Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed.(jel, )
June 1, 2015 TEXT ONLY NOTICE of Hearing on Motion #78 MOTION to Strike #66 MOTION for Reconsideration re #54 Order on Motion for Partial Summary Judgment, /Motion To Stike Documents Presented To The Court For The First Time With Plaintiff's Motion Seeking Reconsideration Of T : Response to Motion due by 6/15/2015. Motion Hearing set for 7/2/2015 at 09:00 AM in Albany before Chief Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed.(jel, )
May 29, 2015 Filing 78 MOTION to Strike #66 MOTION for Reconsideration re #54 Order on Motion for Partial Summary Judgment, /Motion To Stike Documents Presented To The Court For The First Time With Plaintiff's Motion Seeking Reconsideration Of The Court's Order Granting Defendant Partial Summary Judgment filed by Clearwater Insurance Company. (Attachments: #1 Memorandum of Law, #2 Certificate of Service) Motions referred to Therese Wiley Dancks. (Finnegan, John)
May 29, 2015 Filing 77 RESPONSE in Opposition re #66 MOTION for Reconsideration re #54 Order on Motion for Partial Summary Judgment, filed by Clearwater Insurance Company. (Finnegan, John)
April 27, 2015 Opinion or Order Filing 76 ORDER granting #75 Letter Motion from John F. Finnegan for Clearwater Insurance Company requesting an expansion of the page limit for Clearwater's Memorandum of Law in Opposition to the April 20, 2015 Motion for Summary Judgment by Plaintiffs. The brief is not to exceed forty-five (45) pages in length. Signed by Chief Judge Gary L. Sharpe on 4/27/2015. (jel, )
April 24, 2015 Filing 75 Letter Motion from John F. Finnegan for Clearwater Insurance Company requesting an expansion of the page limit for Clearwater's Memorandum of Law in Opposition to the April 20, 2015 Motion for Summary Judgment by Plaintiffs. submitted to Judge Gary L. Sharpe . (Finnegan, John)
April 24, 2015 CLERK'S CORRECTION OF DOCKET ENTRY re #65 Motion for Partial Summary Judgment: Clerk replaced attachment 9 with a redacted version per attorney's request at document 74 attachment 1. (hmr)
April 23, 2015 Filing 74 AMENDED DOCUMENT/Redacted version of Memorandum of Law to replace attachment 65-9 by Clearwater Insurance Company. Amendment to #65 MOTION for Partial Summary Judgment . . (Attachments: #1 Letter to Clerk of the Court)(Finnegan, John)
April 23, 2015 Filing 73 AMENDED DOCUMENT/(Redacted Version) Exhibit 30 to Declaration of Daniel Thies by Utica Mutual Insurance Company. Amendment to #64 MOTION for Summary Judgment . (Sneed, William)
April 23, 2015 CLERK'S CORRECTION OF DOCKET ENTRY re #64 Motion for Summary Judgment: Clerk replaced attachment 4 - Declaration of Daniel Hammond with another one that had the correct case number of it. (hmr)
April 22, 2015 Opinion or Order Filing 72 LETTER/ORDER - The request is granted in part. The revised schedule is granted as it pertains to plaintiff's motion for summary judgment (Dkt. No. 64) and defendant's partial motion for summary judgment (Dkt. No. 65). Pursuant to Local Rule 7.1(g), a motion for reconsideration's briefing schedule and return date shall conform to L.R. 7.1(b)(2). Pursuant to L.R. 7.1(b)(2), reply papers and adjournments are not permitted without the Court's prior permission. Therefore, the proposed reply date only as it pertains to the motion for reconsideration is denied. Signed by Chief Judge Gary L. Sharpe on 4/22/2015. (jel, )
April 22, 2015 Filing 71 Letter Motion from Thomas D. Cunningham for Utica Mutual Insurance Company requesting Revised Schedule submitted to Judge Sharpe (Submitted on behalf of both parties). (Cunningham, Thomas)
April 22, 2015 Set/Reset Deadlines as to #66 MOTION for Reconsideration re #54 Order on Motion for Partial Summary Judgment, . Response to Motion due by 6/1/2015. Motion Hearing set for 6/18/2015 at 09:00 AM in Albany before Chief Judge Gary L. Sharpe (jel, )
April 21, 2015 Opinion or Order Filing 70 LETTER/ORDER granting #68 Letter/Motion to Seal Documents. Signed by Chief Judge Gary L. Sharpe on 4/21/2015. (jel, )
April 21, 2015 Opinion or Order Filing 69 ORDER granting #67 Motion to Seal Document. Signed by Chief Judge Gary L. Sharpe on 4/21/2015. (jel, )
April 21, 2015 Filing 68 LETTER/MOTION to Seal Documents filed by Clearwater Insurance Company. (jel, )
April 21, 2015 Filing 67 MOTION to Seal Documents filed by Utica Mutual Insurance Company. (jel, )
April 21, 2015 TEXT ONLY NOTICE of Hearing on Motion #65 MOTION for Partial Summary Judgment , #64 MOTION for Summary Judgment (Redacted Version) : Response to Motion due by 5/18/2015. Reply to Response to Motion due by 5/26/2015. Motion Hearing set for 6/4/2015 at 09:00 AM in Albany before Chief Judge Gary L. Sharpe on SUBMIT only. No appearances are necessary unless otherwise directed by the court.(jel, )
April 21, 2015 TEXT ONLY NOTICE of Hearing on Motion #66 MOTION for Reconsideration re #54 Order on Motion for Partial Summary Judgment, : Response to Motion due by 5/18/2015. Motion Hearing set for 6/4/2015 at 09:00 AM in Albany before Chief Judge Gary L. Sharpe on SUBMIT only. No appearances are needed unless otherwise directed by the court.(jel, )
April 20, 2015 Filing 66 MOTION for Reconsideration re #54 Order on Motion for Partial Summary Judgment, filed by Utica Mutual Insurance Company. (Attachments: #1 Motion For Reconsideration, #2 Memorandum of Law In Support Of Motion For Reconsideration, #3 Declaration of Thomas D. Cunningham) (Sneed, William)
April 20, 2015 Filing 65 MOTION for Partial Summary Judgment filed by Clearwater Insurance Company. (Attachments: #1 Affidavit Of Theresa Chavez In Support Of Defendant's Motion For Partial Summary Judgment, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5 (Filed Under Seal), #7 Exhibit(s) 6 (Filed Under Seal), #8 Exhibit(s) 7, #9 Memorandum of Law, #10 Statement of Material Facts, #11 Certificate of Service) (Finnegan, John) (Attachment 9 replaced on 4/24/2015) (hmr, ).
April 20, 2015 Filing 64 MOTION for Summary Judgment (Redacted Version) with ORAL ARGUMENT REQUESTED filed by Utica Mutual Insurance Company. (Attachments: #1 Motion for Summary Judgment, #2 Memorandum of Law, #3 Statement of Material Facts, #4 Declaration of Daniel Hammond, #5 Exhibit(s) 1 to Declaration of Daniel Hammond, #6 Exhibit(s) 2 to Declaration of Daniel Hammond, #7 Declaration of Daniel Thies, #8 Exhibit(s) 1 to Declaration of Daniel Thies, #9 Exhibit(s) 2 to Declaration of Daniel Thies, #10 Exhibit(s) 3 to Declaration of Daniel Thies, #11 Exhibit(s) 4 to Declaration of Daniel Thies, #12 Exhibit(s) 5 to Declaration of Daniel Thies, #13 Exhibit(s) 6 to Declaration of Daniel Thies, #14 Exhibit(s) 7 to Declaration of Daniel Thies, #15 Exhibit(s) 8 to Declaration of Daniel Thies, #16 Exhibit(s) 9 to Declaration of Daniel Thies, #17 Exhibit(s) 10 to Declaration of Daniel Thies, #18 Exhibit(s) 11 to Declaration of Daniel Thies, #19 Exhibit(s) 12 to Declaration of Daniel Thies, #20 Exhibit(s) 13 to Declaration of Daniel Thies, #21 Exhibit(s) 14 to Declaration of Daniel Thies, #22 Exhibit(s) 15 to Declaration of Daniel Thies, #23 Exhibit(s) 16 to Declaration of Daniel Thies, #24 Exhibit(s) 17 to Declaration of Daniel Thies, #25 Exhibit(s) 18 to Declaration of Daniel Thies, #26 Exhibit(s) 19 to Declaration of Daniel Thies, #27 Exhibit(s) 20 to Declaration of Daniel Thies, #28 Exhibit(s) 21 to Declaration of Daniel Thies, #29 Exhibit(s) 22 to Declaration of Daniel Thies, #30 Exhibit(s) 23 to Declaration of Daniel Thies, #31 Exhibit(s) 24 to Declaration of Daniel Thies, #32 Exhibit(s) 25 to Declaration of Daniel Thies, #33 Exhibit(s) 26 to Declaration of Daniel Thies, #34 Exhibit(s) 27 to Declaration of Daniel Thies, #35 Exhibit(s) 28 to Declaration of Daniel Thies, #36 Exhibit(s) 29 to Declaration of Daniel Thies, #37 Exhibit(s) 30 to Declaration of Daniel Thies, #38 Exhibit(s) 31 to Declaration of Daniel Thies, #39 Exhibit(s) 32 to Declaration of Daniel Thies, #40 Exhibit(s) 33 to Declaration of Daniel Thies, #41 Declaration of Bernard Turi, #42 Exhibit(s) 1 to Declaration of Bernard Turi, #43 Exhibit(s) 2 to Declaration of Bernard Turi, #44 Exhibit(s) 3 to Declaration of Bernard Turi, #45 Exhibit(s) 4 to Declaration of Bernard Turi, #46 Exhibit(s) 5 to Declaration of Bernard Turi, #47 Exhibit(s) 6 to Declaration of Bernard Turi, #48 Exhibit(s) 7 to Declaration of Bernard Turi, #49 Exhibit(s) 8 to Declaration of Bernard Turi, #50 Exhibit(s) 9 to Declaration of Bernard Turi, #51 Exhibit(s) 10 to Declaration of Bernard Turi, #52 Exhibit(s) 11 to Declaration of Bernard Turi, #53 Exhibit(s) 12 to Declaration of Bernard Turi, #54 Exhibit(s) 13 to Declaration of Bernard Turi, #55 Exhibit(s) 14 to Declaration of Bernard Turi, #56 Exhibit(s) 15 to Declaration of Bernard Turi, #57 Exhibit(s) 16 to Declaration of Bernard Turi, #58 Exhibit(s) 17 to Declaration of Bernard Turi, #59 Exhibit(s) 18 to Declaration of Bernard Turi) (Sneed, William) (Attachment 4 replaced on 4/23/2015) (hmr, ). (Attachment 12 replaced on 4/29/2015) (jel, ). (Attachment 26 replaced on 4/29/2015) (jel, ). (Attachment 27 replaced on 4/29/2015) (jel, ). (Attachment 28 replaced on 4/29/2015) (jel, ). (Attachment 29 replaced on 4/29/2015) (jel, ). (Attachment 40 replaced on 4/29/2015) (jel, ). (Attachment 42 replaced on 4/29/2015) (jel, ). (Attachment 47 replaced on 4/29/2015) (jel, ). (Attachment 48 replaced on 4/29/2015) (jel, ). (Attachment 49 replaced on 4/29/2015) (jel, ). (Attachment 50 replaced on 4/29/2015) (jel, ). (Attachment 55 replaced on 4/29/2015) (jel, ). (Attachment 57 replaced on 4/29/2015) (jel, ). (Attachment 58 replaced on 4/29/2015) (jel, ). (Attachment 59 replaced on 4/29/2015) (jel, ).
April 9, 2015 Opinion or Order Filing 63 TEXT ORDER granting #62 Letter Request for extension of Discovery Motions deadline. Discovery Motions due 4/20/2015. All other deadlines remain as previously set. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/9/2015. (sg )
April 7, 2015 Filing 62 Joint Letter Motion from Melissa K. DePetris for Clearwater Insurance Company requesting an extension of the deadline for filing discovery motions to April 21, 2015, from April 9, 2015 submitted to Judge Therese Wiley Dancks . (DePetris, Melissa)
March 9, 2015 Filing 61 RESPONSE to Motion re #60 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Clearwater Insurance Company re #59 Order on Motion to Compel,,,,, filed by Utica Mutual Insurance Company. (Sneed, William)
February 6, 2015 TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Status Conference held on 2/6/2015. Appearances: Thomas D. Cunningham, Esq. for Plaintiff; John Finnegan, Esq. and Melissa DePetris, Esq. for Defendant. Court inquires on status of discovery. Parties report expert disclosure is complete for both parties. Depositions are proceeding. Court sets deadlines: All Discovery, Fact and Expert, to be complete by 3/27/2015; Discovery Motions due by 4/9/2015; Dispositive Motions deadline 4/20/2015. (FTR Recorded: 11:02AM-11:12AM) (sg )
February 4, 2015 TEXT ONLY NOTICE of Hearing on Motion #60 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Clearwater Insurance Company re #59 Order on Motion to Compel : Response to Motion due by 3/9/2015. Motion Hearing set for 3/19/2015 at 09:00 AM in Albany before Chief Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed. (jel, )
February 3, 2015 Filing 60 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Clearwater Insurance Company re #59 Order on Motion to Compel,,,,, Response to Motion due by 3/2/2015 (Attachments: #1 Memorandum of Law in Support of Objections to Magistrate Judge Dancks' January 20, 2015 Decision and Order)(Finnegan, John)
January 20, 2015 Opinion or Order Filing 59 DECISION AND ORDER. It is ORDERED, that Plaintiff's motion (Dkt. No. #38 ) for discovery is DENIED IN PART and GRANTED IN PART. Plaintiff's motion to compel responses to Document Requests Nos. 12 and 13 is DENIED; and Plaintiff's motion to compel a response to Interrogatory No. 4 is GRANTED; a response shall be provided within 30 days of this Order; Defendant may amend and/or supplement its response to Interrogatory No. 4 as necessary within 30 days after the close of fact discovery; and it is further ORDERED, that Defendant's motion to compel discovery (Dkt. No. #40 ) is DENIED. Signed by Magistrate Judge Therese Wiley Dancks on 1/20/2015. (sg)
January 20, 2015 TEXT NOTICE of Hearing: A Telephone Status Conference is set for 2/6/2015 at 11:00 AM before Magistrate Judge Therese Wiley Dancks to re-set the pretrial deadlines. Plaintiff's counsel is directed to initiate the call and contact Chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. (sg )
November 25, 2014 Opinion or Order Filing 58 ORDER granting #56 Motion for Limited Admission Pro Hac Vice of Thomas D. Cunningham for Utica Mutual Insurance Company. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/25/2014. (sg )
November 25, 2014 Opinion or Order Filing 57 ORDER granting #55 Motion for Limited Admission Pro Hac Vice of Daniel R. Thies for Utica Mutual Insurance Company. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/25/2014. (sg )
November 24, 2014 Filing 56 MOTION for Limited Admission Pro Hac Vice of Thomas D. Cunningham Filing fee $100, receipt number 0206-3116283. filed by Utica Mutual Insurance Company. (Attachments: #1 Petition for Admission to Practice, #2 Oath on Admission, #3 Certificate of Admission, #4 Affidavit of Sponsor, #5 Proposed Order/Judgment, #6 E-Filing Registration Form) Motions referred to Therese Wiley Dancks. (Steck, Phillip)
November 24, 2014 Filing 55 MOTION for Limited Admission Pro Hac Vice of Daniel R. Thies Filing fee $100, receipt number 0206-3116228. filed by Utica Mutual Insurance Company. (Attachments: #1 Petition for Admission to Practice, #2 Oath on Admission, #3 Certificate of Admission, #4 Affidavit of Sponsor, #5 Proposed Order/Judgment, #6 E-Filing Registration Form) Motions referred to Therese Wiley Dancks. (Steck, Phillip)
November 20, 2014 Opinion or Order Filing 54 MEMORANDUM-DECISION and ORDER - That Clearwater's #35 Motion for Partial Summary Judgment is GRANTED. That Clearwater's liability, if any, under the 1978 Certificate and 1979 Certificate cannot exceed $5 million or $2.5 million respectively. That the parties contact Magistrate Judge Therese Wiley Dancks to schedule further proceedings in this matter. Signed by Chief Judge Gary L. Sharpe on 11/20/2014. (jel, )
November 6, 2014 Opinion or Order Filing 53 TEXT ORDER granting #52 Letter Request. Defendant's expert disclosures due by 12/5/2014. Rebuttal expert disclosures due by 1/2/2015. Discovery to be completed by 2/3/2015. Discovery motions due by 2/16/2015. Dispositive Motions to be filed by 2/25/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/6/2014. (sg )
November 5, 2014 Filing 52 Joint Letter Motion from John F. Finnegan for Clearwater Insurance Company requesting a second modification of the Comprehensive Scheduling Order submitted to Judge Therese Wiley Dancks . (Finnegan, John)
September 23, 2014 CLERK'S TEXT NOTICE: Attachment 40-3 of Dkt. No. 40 has been replaced on the docket, pursuant to the Text Order at Dkt. No. 50. (sg )
September 18, 2014 Opinion or Order Filing 51 TEXT ORDER: Court has reviewed Letter Motion (Dkt. No. 49) for extension of discovery deadlines. Letter Motion granted. Defendant's expert disclosure due 11/17/2014; rebuttal expert disclosure due 12/2/2014; all Discovery due 12/31/2014; Discovery Motions due 1/7/2015; and Dispositive Motions due 1/23/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/18/2014. (sg )
September 18, 2014 Opinion or Order Filing 50 TEXT ORDER: Court has reviewed letter motion (Dkt. No. 48) to substitute redacted copy of transcript as exhibit 24 to Dkt. No. 40 for the current exhibit 24 located at Dkt. No. 40-3, pp. 33-85. Letter Motion granted. Attorney Finnegan to file corrected Dkt. No. 40-3 by 9/22. The Clerk is directed to replace existing Dkt. 40-3 with the corrected documents when they are received. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/18/2014. (sg )
September 17, 2014 Filing 49 Joint Letter Motion from John F. Finnegan for Clearwater Insurance Company requesting a modification of the Comprehensive Scheduling Order submitted to Judge Therese Wiley Dancks . (Finnegan, John)
September 17, 2014 Filing 48 Letter Motion from John F. Finnegan for Clearwater Insurance Company requesting permission to substitute redacted copy of transcript in place of existing Exhibit 24 (unredacted transcript) as it now appears on Dkt. 40-3, in the paper copy placed in the vault by the Clerk of the Court and in the courtesy copy of Clearwater's papers that were provided to your Chambers. submitted to Judge Therese Wiley Dancks . (Attachments: #1 Exhibit(s) 24)(Finnegan, John)
September 2, 2014 Filing 47 RESPONSE in Opposition re #38 MOTION to Compel Defendant Clearwater Insurance Company to Produce all Documents Relating to the Goulds Asbestos Loss Applicable to the 1978-1982 coverage period filed by Clearwater Insurance Company. (Attachments: #1 Affidavit of John F. Finnegan, #2 Affidavit of Theresa Chavez, #3 Declaration of Laura McCaffrey, #4 Certificate of Service)(Finnegan, John)
September 2, 2014 Filing 46 RESPONSE in Opposition re #40 MOTION to Compel filed by Utica Mutual Insurance Company. (Attachments: #1 Affidavit of William M. Sneed, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4)(Sneed, William)
September 2, 2014 TEXT ONLY NOTICE of Hearing on Motion #35 MOTION for Partial Summary Judgment : Motion Hearing set for 9/4/2014 at 09:00 AM in Albany before Chief Judge Gary L. Sharpe will be on SUBMIT only. No personal appearances are needed. (jel, )
August 22, 2014 Filing 45 REPLY to Response to Motion re #35 MOTION for Partial Summary Judgment filed by Clearwater Insurance Company. (Attachments: #1 Affidavit of John F. Finnegan in Support of Defendant's Motion for Partial Summary Judgment, #2 Exhibit(s) 4-6, #3 Exhibit(s) 7, #4 Exhibit(s) 8, #5 Compendium of Unreported Authorities, #6 Defendant's Response to Plaintiff's Rule 7.1(a)(3) Statement of Additional Material Facts, #7 Certificate of Service)(Finnegan, John)
August 18, 2014 Filing 44 NOTICE of Change of Address by John F. Finnegan Effective Date 8/18/2014 Old Address: 30 Rockefeller Plaza, New York, New York 10112 New Address: 1301 Avenue of the Americas, New York, New York 10019 (Finnegan, John)
August 12, 2014 Filing 43 RESPONSE to Motion re #35 MOTION for Partial Summary Judgment (Specifically, # 3 Statement of Material Facts) filed by Utica Mutual Insurance Company. (Sneed, William)
August 12, 2014 Filing 42 RESPONSE to Motion re #35 MOTION for Partial Summary Judgment filed by Utica Mutual Insurance Company. (Attachments: #1 Affidavit of William Sneed, #2 Affidavit of Lydia B. Kam Lyew)(Sneed, William)
August 12, 2014 Filing 41 ***SEALED DOCUMENTS UNREDACTED Memorandum of Law and Exhibits to the #40 Motion to Compel. (mc) (Additional attachment(s) added on 8/13/2014: #1 Memorandum of Law, #2 Affidavit, #3 Exhibits 1-6, #4 Exhbits 7-9, #5 Exhibits 10-16, #6 Exhibits 17-24) (mc, ). Modified on 8/13/2014 The clerk notes that the images attached are the best obtainable images. (mc).
August 12, 2014 TEXT NOTICE of Hearing on the #38 MOTION to Compel: Motion Hearing set for 9/18/2014 ON SUBMIT before Magistrate Judge Therese Wiley Dancks. Response to Motion due by 9/2/2014. (nmk)
August 12, 2014 CLERK'S CORRECTION OF DOCKET ENTRY: Pursuant to a call from Attorney Sneed, the Clerk modified the docket text of the #39 docket entry in order to reflect that this is a Duplicate filing of the #38 Motion to Compel. (nmk)
August 11, 2014 Filing 40 MOTION to Compel filed by Clearwater Insurance Company. (Attachments: #1 Memorandum of Law Support of its Motion to Compel, #2 Affidavit Part 1 of 2 John F. Finnegan's Affidvait In Support of Motion to Compel, #3 Affidavit Part 2 of 2 John F. Finnegan's Affidavit In Support of Motion to Compel, #4 Certificate of Service) Motions referred to Therese Wiley Dancks. (Finnegan, John) (Attachment 3 replaced on 9/23/2014) (sg, ).
August 11, 2014 Filing 39 **DUPLICATE OF NO. #38 ** MOTION to Compel Defendant Clearwater Insurance Company to Produce all Documents relating to the Goulds asbestos loss applicable to the 1978-1982 coverage period Motion Hearing set for 9/18/2014 10:00 AM in Syracuse before Magistrate Judge Therese Wiley Dancks Response to Motion due by 9/2/2014 filed by Utica Mutual Insurance Company. (Attachments: #1 Plaintiff's Motion to Compel, #2 Memorandum of Law In Suport of Plaintiff's Motion to Compel, #3 Affidavit Affidavit of William M. Sneed in Support of Plaintiff's Motion to Compel) Motions referred to Therese Wiley Dancks. (Sneed, William) Modified on 8/12/2014 to reflect that this is a duplicate of the #38 Motion. (nmk)
August 11, 2014 Filing 38 MOTION to Compel Defendant Clearwater Insurance Company to Produce all Documents Relating to the Goulds Asbestos Loss Applicable to the 1978-1982 coverage period Motion Hearing set for 8/18/2014 10:00 AM in Syracuse before Magistrate Judge Therese Wiley Dancks Response to Motion due by 8/1/2014 filed by Utica Mutual Insurance Company. (Attachments: #1 Plaintiff's Motion to Compel, #2 Memorandum of Law In Support of Motion to Compel, #3 Affidavit Affidavit of William M. Sneed in Support of Plaintiff's Motion to Compel w/Exhibits 1 thru 6) Motions referred to Therese Wiley Dancks. (Sneed, William)
July 7, 2014 TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 7/7/2014. Appearances: William Sneed, Esq. for Plaintiff; John Finnegan, Esq. and Melissa DePetris, Esq. for Defendant. Judge Dancks hears from counsel on Dkt. No. 32. Counsel will confer on the issues as discussed. Any motions to compel on the issues raised are to be filed by 8/11/2014. (FTR Recorded; 11:37AM-12:33PM) (rjb, )
June 30, 2014 Opinion or Order Filing 37 LETTER/ORDER Setting Hearing on Motion #35 MOTION for Partial Summary Judgment : Response to Motion due by 8/12/2014, Reply to Response to Motion due by 8/22/2014, Motion Hearing set for 9/4/2014 at 09:00 AM in Albany before Chief Judge Gary L. Sharpe. Signed by Chief Judge Gary L. Sharpe on 6/30/2014. (jel, )
June 27, 2014 Filing 36 Letter Motion from John F. Finnegan for Clearwater Insurance Company requesting adjournment of the August 7, 2014 return date for defendant's motion for partial summary judgment and adjourning the dates for submitting opposition and reply papers. submitted to Judge Gary L. Sharpe . (Finnegan, John)
June 25, 2014 Filing 35 MOTION for Partial Summary Judgment Motion Hearing set for 8/7/2014 09:30 AM in Albany before Chief Judge Gary L. Sharpe Response to Motion due by 7/21/2014 Reply to Response to Motion due by 7/28/2014. filed by Clearwater Insurance Company. (Attachments: #1 Memorandum of Law In Support of Defendant's June 25, 2014 Motion for Partial Summary Judgment, #2 Affidavit of Theresa Chavez In Support of Defendant's Motion for Partial Summary Judgment, #3 Statement of Material Facts, #4 Certificate of Service for Notice of Motion, Memorandum of Law, Affidavit of Theresa Chavez and Statement of Material Facts) (Finnegan, John)
June 20, 2014 Opinion or Order Filing 34 TEXT ORDER: The Court has reviewed Dkt. No. 33. Telephone Conference set for 6/25/2014 is rescheduled for 7/7/2014 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Defendant's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/20/14. (rjb, )
June 20, 2014 Filing 33 Letter Motion from William M. Sneed for Utica Mutual Insurance Company requesting To Reschedule June 25, 2014, Telephone Conference submitted to Judge Therese Wiley Dancks . (Sneed, William)
June 20, 2014 TEXT NOTICE of Hearing: Telephone Conference set for 6/25/2014 at 09:30 AM before Magistrate Judge Therese Wiley Dancks. Defendant's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference.(rjb, )
June 6, 2014 Filing 32 STATUS REPORT - JOINT STATUS REPORT by Clearwater Insurance Company. (Finnegan, John)
May 27, 2014 Opinion or Order Filing 31 TEXT ORDER: Plaintiff's Expert Disclosure due by 8/29/2014; Defendant's Expert Disclosure due by 10/10/2014; Rebuttal Experts due by 10/24/2014; Discovery due by 11/21/2014; Discovery Motions due by 12/5/2014; Dispositive Motions to be filed by 1/9/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/27/14. (rjb, )
May 27, 2014 TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Status Conference held on 5/27/2014. Appearances: William Sneed, Esq. for Plaintiff; John Finnegan, Esq. for Defendant. Counsel report on the status of the case. Counsel have been conferring on some discovery disputes. Defendant's counsel will file a joint status report on any remaining disputes by 6/6/2014. Pretrial deadlines are extended, a text order will be issued. (FTR Recorded; 11:12AM-11:23AM) (rjb, )
April 29, 2014 Filing 30 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on April 29, 2014. Total Hours Spent by Mediator: 2.0; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Homer, David)
April 29, 2014 ADR COMPLETED (sg )
April 21, 2014 Filing 29 STATUS REPORT (Joint) by Utica Mutual Insurance Company. (Sneed, William)
March 31, 2014 Opinion or Order Filing 28 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Therese Wiley Dancks on 3/31/14. (rjb, )
March 28, 2014 Filing 27 STIPULATION -- Stipulated Protective Order by Clearwater Insurance Company submitted to Judge Therese Wiley Dancks. (Finnegan, John)
March 28, 2014 Opinion or Order Filing 26 TEXT ORDER: Court has reviewed the proposed stipulated protective order (Dkt. No. 25) and approves of its contents. However, the copy submitted to the court was not signed by the parties either electronically or otherwise. Parties are directed to submit a signed stipulation by 4/2/2014 for the court's consideration. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/28/14. (rjb, )
March 28, 2014 Filing 25 STIPULATION -- Stipulated Protective Order by Clearwater Insurance Company submitted to Judge Therese Wiley Dancks. (Finnegan, John)
March 20, 2014 TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Status Conference held on 3/20/2014. Appearances: William Sneed, Esq. for Plaintiff; John Finnegan, Esq. and Melissa DePetris, Esq. for Defendant. Counsel report on the status of the case. Rule 26 Disclosures have been exchanged. Rule 33 and 34 Requests have been served. The mediation is scheduled for 4/29/2014. Plaintiff's counsel will file a status report regarding discovery, including depositions and any disputes, by 4/21/2014. Counsel will submit a protective order to the Court by 3/28/2014. A follow up conference will be scheduled. (FTR Recorded; 10:31AM-10:46AM) (rjb, )
March 20, 2014 TEXT NOTICE of Hearing: Status Conference set for 5/27/2014 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference.(rjb, )
February 14, 2014 Filing 24 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that David R. Homer has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: William M. Sneed and John Finnegan. Dated: 2/14/2014 (Sneed, William) Modified on 2/14/2014 (see, ).
February 14, 2014 CLERK'S CORRECTION OF DOCKET ENTRY re 24 Stipulation Selecting Mediator: attorney's office requested that the docket entry be modified to reflect that the selection is "tentative". (cbm )
February 14, 2014 CLERK'S CORRECTION OF DOCKET ENTRY re 24 Stipulation Selecting Mediator. Clerk spoke with Carolyn from Sidley, Austin Law firm at 1:15 PM who asked to have ""tentative" removed from the docket text of the above entry. She explained that only the date of mediation is tentative, not the selection of the mediator. (see)
February 5, 2014 Opinion or Order Filing 23 TEXT ORDER granting #22 Letter Request, Deadline for Mediator Selection is extended to 2/14/2014. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/5/14. (rjb, )
February 5, 2014 Filing 22 Letter Motion for Utica Mutual Insurance Company, Utica Mutual Insurance Company requesting extend deadline for filing Stipulation Selecting Mediator from 2/5/14 to 2/14/14 submitted to Judge Dancks . (Sneed, William)
January 8, 2014 Opinion or Order Filing 21 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 2/5/2014. Deadline for completion of Mandatory Mediation is 5/8/2014. Signed by Magistrate Judge Therese Wiley Dancks on 1/8/14. (rjb, )
January 8, 2014 Opinion or Order Filing 20 UNIFORM PRETRIAL SCHEDULING ORDER: Rule 26 Disclosures to be exchanged by 1/23/2014; Rule 33 and 34 Requests to be served by 2/6/2014; Joinder of Parties due by 1/31/2014; Amended Pleadings due by 3/31/2014; Discovery due by 8/29/2014; Discovery Motions due by 9/12/2014; Dispositive Motions to be filed by 10/10/2014; Deadline for completion of Mandatory Mediation is 5/8/2014. Signed by Magistrate Judge Therese Wiley Dancks on 1/8/14. (rjb, )
January 8, 2014 TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Initial Pretrial Conference held on 1/8/2014. Appearances: William Sneed, Esq. for Plaintiff; John Finnegan, Esq. and Melissa DePetris, Esq. for Defendant. Pretrial deadlines are established, a scheduling order will be issued. (FTR Recorded) (rjb, )
January 8, 2014 TEXT NOTICE of Hearing: Status Conference set for 3/20/2014 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Defendant's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. (rjb, )
December 26, 2013 Filing 19 ANSWER to #17 Counterclaim by Utica Mutual Insurance Company.(Steck, Phillip)
December 26, 2013 Filing 18 CIVIL CASE MANAGEMENT PLAN by Utica Mutual Insurance Company. (Steck, Phillip)
December 6, 2013 CLERK'S CORRECTION OF DOCKET ENTRY re #17 Answer to Complaint, to correct that the Counterclaim is against Utica Mutual Insurance Company. (alh, )
December 4, 2013 Filing 17 ANSWER to #1 Complaint by Clearwater Insurance Company, with COUNTERCLAIM against Utica Mutual Insurance Company. (Finnegan, John) Modified on 12/6/2013 to correct who the counterclaim is against. (alh, )
December 4, 2013 Filing 16 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Clearwater Insurance Company identifying Corporate Parent Fairfax Financial Holdings Ltd., Other Affiliate TIG Insurance Group, Inc., Other Affiliate TIG Holdings Inc.,, Other Affiliate Fairfax (US) Inc., Other Affiliate FFHL Group Ltd. for Clearwater Insurance Company.. (Finnegan, John)
November 12, 2013 Opinion or Order Filing 15 ORDER granting #12 Motion for Limited Admission Pro Hac Vice as to William M. Sneed. Signed by Magistrate Judge Therese Wiley Dancks on 11/12/13. (rjb, )
November 12, 2013 Opinion or Order Filing 14 ORDER granting #11 Motion for Limited Admission Pro Hac Vice as to Melissa K. DePetris. Signed by Magistrate Judge Therese Wiley Dancks on 11/12/13. (rjb, )
November 12, 2013 Opinion or Order Filing 13 ORDER granting #10 Motion for Limited Admission Pro Hac Vice as to David M. Raim. Signed by Magistrate Judge Therese Wiley Dancks on 11/12/13. (rjb, )
November 8, 2013 Filing 12 MOTION for Limited Admission Pro Hac Vice of William M. Sneed Filing fee $100, receipt number 0206-2752787. filed by Utica Mutual Insurance Company. (Attachments: #1 Petition for Admission to Practice, #2 Affidavit of Phillip G. Steck, #3 E-Filing Registration Form, #4 Sneed-Certificate of Good Standing, #5 Sneed-Oath on Admission, #6 Proposed Order) Motions referred to Therese Wiley Dancks. (Steck, Phillip)
November 7, 2013 Filing 11 MOTION for Limited Admission Pro Hac Vice of Melissa K. DePetris Filing fee $100, receipt number 0206-2752641. filed by Clearwater Insurance Company. (Attachments: #1 Verified Petition, #2 Sponsor Affidavit, #3 Oath of Admission, #4 Attorney E-Filing Registration Form, #5 Certificate of Good Standing, #6 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Finnegan, John)
November 7, 2013 Filing 10 MOTION for Limited Admission Pro Hac Vice of David M. Raim Filing fee $100, receipt number 0206-2752628. filed by Clearwater Insurance Company. (Attachments: #1 Verified Petition, #2 Sponsor Affidavit, #3 Oath of Admission, #4 Attorney E-Filing Registration Form, #5 Certificate of Good Standing, #6 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Finnegan, John)
November 4, 2013 Opinion or Order Filing 9 TEXT ORDER: The Court has reviewed Dkt. Nos. 7 and 8. Letter motion granted. Clearwater Insurance Company answer due 12/4/2013. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/4/13. (rjb, )
November 1, 2013 Filing 8 STIPULATION And (Proposed) Order Extending Time to Answer or Move by Clearwater Insurance Company submitted to Judge Magistrate Judge Dancks. (Finnegan, John)
November 1, 2013 Filing 7 Letter Motion from John F. Finnegan for Clearwater Insurance Company requesting extension of time to answer submitted to Judge Magistrate Judge Dancks . (Finnegan, John)
November 1, 2013 Filing 6 NOTICE of Appearance by John F. Finnegan on behalf of Clearwater Insurance Company (Finnegan, John)
October 22, 2013 ***Answer due date updated for Clearwater Insurance Company answer due 11/6/2013. (dpk)
October 21, 2013 Filing 5 AFFIDAVIT of Service for Summons, Complaint, Corporate Disclosure Statement, Filing Order served on NYS Department of Financial Services on behalf of Clearwater Insurance Company on 10/16/2013, filed by Utica Mutual Insurance Company. (Steck, Phillip)
September 20, 2013 Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/8/2014 at 09:30 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan due by 12/26/2013. (see)
September 20, 2013 Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Utica Mutual Insurance Company. (see)
September 20, 2013 Filing 2 Summons Issued as to Clearwater Insurance Company. (see)
September 20, 2013 Filing 1 COMPLAINT with Jury Demand against Clearwater Insurance Company (Filing fee $400 receipt number 0206-2697304) filed by Utica Mutual Insurance Company. (Attachments: #1 Civil Cover Sheet) (see)

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Search for this case: Utica Mutual Insurance Company v. Clearwater Insurance Company
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Plaintiff: Utica Mutual Insurance Company
Represented By: Phillip G. Steck
Represented By: Thomas D. Cunningham
Represented By: William M. Sneed
Represented By: Adriana Alexis Perez
Represented By: Daniel R. Thies
Represented By: Kevin P. Zimmerman
Represented By: Syed S. Ahmad
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Not classified by court: David Homer
Represented By: David R. Homer
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Defendant: Clearwater Insurance Company
Represented By: David M. Raim
Represented By: John F. Finnegan
Represented By: Melissa K. DePetris
Represented By: Allison G. Gold
Represented By: Joy L. Langford
Represented By: Thomas J. McCormack
Represented By: Victoria Corder
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