United States of America v. Allstate Insurance Company et al
| United States of America |
| FedEx Supply Chain Solutions, CastlePoint National Insurance Company, Metropolitan Group Property and Casualty Insurance Company, Liberty Mutual Group, Berkshire Hathaway, Inc., Allstate Corporation, Truck Insurance Exchange, Zurich Financial Services AG, The Prudential Insurance Company of America, Preferred Mutual Insurance Company, Nationwide General Insurance Company, FedEx Ground, Liberty Mutual Insurance Company, Travelers Property Casualty Corporation, Farmers Underwriters Association, GMAC Insurance, The Progressive Corporation, New York Central Mutual Fire Insurance Company, Utica National Insurance Company of Ohio, Graphic Arts Mutual Insurance Company, Utica Lloyd's of Texas, Tower Group Companies, Travelers Insurance Group Holding, Inc., Erie Insurance Company, Erie Insurance Exchange, Inc., Specialty Underwriters Alliance, Inc., Founders Insurance Company of Michigan, FedEx Office, The Travelers Companies, Inc., FedEx Corporation, GEICO Insurance, U-Haul International, Zurich North America, Zurich Insurance Group AG, Nationwide Financial Services, Inc., The Hartford Financial Services Group, Inc., Utica National Assurance Company, Medical Liability Mutual Insurance Company, FedEx Services, Utica Specialty Risk Insurance Company, Utica Mutual Insurance Company, J.B. Hunt Transport Services, Inc., Utica National Insurance Company of Texas, Erie Insurance Company of New York, Allstate Insurance Company, Nationwide, State Farm Mutual Automobile Insurance Company, Kemper Independence Insurance Company, AIG, Prudential Financial, Inc., Heartland Express, Inc., New York State Insurance Reciprocal, Nationwide Mutual Insurance Intercompany Pool, Nationwide, Farmers Insurance Exchange, FedEx Express, Maiden Holding LTD, Progressive Insurance Company, Kemper Corporation, Nationwide Corporation, Liberty Mutual Holding Company, Inc., Republic-Franklin Insurance Company, Fedex Custom Critical, Fire Insurance Exchange, FedEx Trade Newtorks, Nationwide Mutual Insurance Company, Farmers Insurance Group Companies, Founders Insurance Company, Foremost Insurance Group, Daimler Chrysler Insurance Company, Utica National Insurance Group, Erie Indemnity Company, FedEx Freight and Metropolitan Property and Casualty Insurance Company |
| 1:2012cv01015 |
| October 23, 2012 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Erie |
| Jeremiah J McCarthy |
| William M Skretny |
| Other Statutory Actions |
| 31 U.S.C. § 3729 |
| Plaintiff |
Docket Report
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| File is archived at the Federal Records Center. Location information: Accession RG 21 FY 18 Number 0060 Box To obtain copies of documents for a fee, you may contact the Federal Records Center directly at their website: #http://www.archives.gov/frc/. They will require the location information contained in this entry. You may also contact the Clerks office to have the file shipped to the Court for your review or for copies of documents. Please refer to the current fee schedule to determine the cost to obtain documents or order the file for review. The fee schedule is located on our Public Web Site: #http://www.nywd.uscourts.gov/fee-schedule. (edwards, melvin) |
| Filing 196 MANDATE of USCA as to #192 Notice of Appeal, filed by United States of America. It is hereby Ordered, Adjudged and Decreed that, for the reasons stated in the Court's opinion and summary order, the judgment of the district court is Affirmed. (KM) |
| Filing 195 NOTICE of Appearance by Amy Okereke on behalf of United States of America (NRE) |
| Filing 194 NOTICE of Appearance by Mary Pat Fleming on behalf of United States of America (Fleming, Mary) |
| Filing 193 CLERKS CERTIFICATE filed and electronically sent to Court of Appeals (Attachments: #1 index). Filing Fee $505.00, receipt # BUF049582(KM) |
| E-Filing Notification: #192 NOTICE OF APPEAL as to #191 Judgment, #190 by United States of America ex rel. J. Michael Hayes (Jasen, Peter) Modified on 3/9/2016 to show ex rel. plaintiff as filer(SG). (SG) |
| Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (SG) |
| Filing 192 NOTICE OF APPEAL as to #191 Judgment, #190 Order Adopting Report and Recommendations, Terminate Motions, Order on Motion for Sanctions, Order on Report and Recommendations,,,, by United States of America ex rel. J. Michael Hayes (Jasen, Peter) Modified on 3/9/2016 to show ex rel. plaintiff as filer(SG). |
| Filing 191 JUDGMENT accepting the Magistrate Judge's Report and Recommendation and dismissing with prejudice the Relator's Amended Complaint as to Relator Hayes, but without prejudice to the United States. Signed by Mary C. Loewenguth, Clerk of Court on 2/9/2016. (KM) |
| Filing 190 DECISION AND ORDER ACCEPTING the #154 Report and Recommendation; DENYING the #158 #159 #160 Objections; GRANTING the #86 Motion for Rule 11 Sanctions; DISMISSING WITH PREJUDICE the Relator's Amended Complaint as to Relator Hayes, but without prejudice to the United States; DIRECTING the Clerk of Court to CLOSE this case. Signed by William M. Skretny, United States District Judge on 2/6/2016. (MEAL) - CLERK TO FOLLOW UP - |
| E-Filing Notification: Previous e-filing notification only as #189 Notice not #188 Notice by Susan Lynn Swatski re E-Filing Notification: Attorneys are directed to submit to the Clerk of Court a Notice of Address Change #189 NOTICE by Liberty Mutual Group, Liberty Mutual Holding Company, Inc., Liberty Mutual Insurance Company (Fee, Kevin), #188 NOTICE of Appearance by Susan Lynn Swatski on behalf of Daimler Chrysler Insurance Company (Swatski, Susan) (SG) (SG) |
| E-Filing Notification: Attorneys are directed to submit to the Clerk of Court a Notice of Address Change #189 NOTICE by Liberty Mutual Group, Liberty Mutual Holding Company, Inc., Liberty Mutual Insurance Company (Fee, Kevin), #188 NOTICE of Appearance by Susan Lynn Swatski on behalf of Daimler Chrysler Insurance Company (Swatski, Susan) (SG) |
| Filing 189 NOTICE by Liberty Mutual Group, Liberty Mutual Holding Company, Inc., Liberty Mutual Insurance Company (Fee, Kevin) |
| Filing 188 NOTICE of Appearance by Susan Lynn Swatski on behalf of Daimler Chrysler Insurance Company (Swatski, Susan) |
| Filing 187 NOTICE by Zurich North America Substitution of Counsel (Willett, Michael) |
| Filing 186 NOTICE of Change of Address by Michael J. Willett (Willett, Michael) |
| Filing 185 NOTICE by Daimler Chrysler Insurance Company re #184 Notice (Other) Amended Substitution of Attorney (Levy, Alan) |
| Filing 184 NOTICE by Daimler Chrysler Insurance Company of Substitution of Attorney (Levy, Alan) |
| Filing 183 -CLERK TO FOLLOW UP-TEXT ORDER granting #182 Motion to Withdraw as Attorney. Attorney Lucy Scott Clippinger terminated. Signed by Hon. Jeremiah J. McCarthy on 4/13/15. (DAZ) |
| Filing 182 MOTION to Withdraw as Attorney by Preferred Mutual Insurance Company.(Clippinger, Lucy) |
| Filing 181 TEXT ORDER. IT HEREBY IS ORDERED, that the Relator's #180 Motion to Discontinue Claims against Defendants Allstate Corporation and Kemper Corporation is GRANTED without prejudice to the United States. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 1/8/2015. (CLERK TO FOLLOW UP). (CMD) |
| Filing 180 MOTION Discontinue Claims against identified defendants by United States of America.(Jasen, Peter) |
| Filing 179 REPLY/RESPONSE to re #173 Reply/Response Sur-Reply In Response To Relators Amended Objections To The Magistrate Judges Report And Recommendation filed by Progressive Insurance Company, The Progressive Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Loucks, Michael) |
| Filing 178 TEXT ORDER. IT HEREBY IS ORDERED, that the Progressive Defendants' #156 Motion to File Sur-Reply is GRANTED. The Progressive Defendants' shall file their [176-2] proposed sur-reply as their sur-reply within five days of this Order. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 12/11/2014. (CMD) |
| Filing 177 TEXT ORDER. IT HEREBY IS ORDERED, that the Relator's #156 Motion to Discontinue Claims against Defendants Maiden Holding Ltd., Nationwide Corporation, The Prudential Insurance Company of America, and Prudential Financial, Inc. is GRANTED without prejudice to the United States. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 12/11/2014. (CLERK TO FOLLOW UP). (CMD) |
| Filing 176 MOTION for Leave to File Sur-Reply In Response To Relator's Amended Objections by Progressive Insurance Company, The Progressive Corporation. (Attachments: #1 Affidavit Declaration Of Michael Loucks, #2 Exhibit Exhibit 1 To Loucks Declaration, #3 Certificate of Service)(Loucks, Michael) |
| Filing 175 NOTICE of Appearance by Kim E. Rinehart on behalf of The Hartford Financial Services Group, Inc. (Rinehart, Kim) |
| Filing 174 REPLY/RESPONSE to re #167 Reply/Response filed by FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks, Fedex Custom Critical. (Campbell, John) |
| Filing 173 REPLY/RESPONSE to re #169 Reply/Response, Plaintiff's Reply to Joint Defendant Response to Relators Objections to Report and Recommendation filed by United States of America. (Jasen, Peter) |
| Filing 172 REPLY/RESPONSE to re #166 Reply/Response, Plaintiff's Reply to FedEx's Response to Relator's Objections to Report and Recommendation filed by United States of America. (Jasen, Peter) |
| Filing 171 TEXT ORDER : The motion #170 of Eric E. Lynch, Esq. for pro hac vice admission is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/25/14. (DAZ) |
| Filing 170 MOTION to appear pro hac vice of Eric E. Lynch. Esq. ( Filing fee $ 150 receipt number 0209-2150167.) by U-Haul International. (Attachments: #1 Sponsoring Declaration of Kevin M. Hogan, Esq., #2 Exhibit Ex A to Hogan Decl. (Petition of Eric E. Lynch, Esq.), #3 Exhibit Ex B to Hogan Decl. (Attorney's Oath of Eric E. Lynch, Esq.), #4 Exhibit Ex C to Hogan Decl. (Civility Principles Oath of Eric E. Lynch, Esq.), #5 Exhibit Ex D tp Hogan Decl. (Attorney Database Form for Eric E. Lynch, Esq.), #6 Exhibit Ex E to Hogan Decl. (CM/ECF Registration Form of Eric E. Lynch, Esq.), #7 Text of Proposed Order)(Hogan, Kevin) |
| Filing 169 REPLY/RESPONSE to re #160 Objection to Report and Recommendations (DEFENDANTS' JOINT RESPONSE TO J. MICHAEL HAYES'S AMENDED OBJECTIONS TO REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE) filed by The Travelers Companies, Inc., Travelers Insurance Group Holding, Inc., Travelers Property Casualty Corporation. (Feldman, Brian) |
| Filing 168 NOTICE of Appearance by Brian Marc Feldman on behalf of The Travelers Companies, Inc., Travelers Insurance Group Holding, Inc., Travelers Property Casualty Corporation (Feldman, Brian) |
| Filing 167 REPLY/RESPONSE to re #159 Objections -- non-motion, filed by United States of America. (Attachments: #1 Exhibit A)(Jasen, Peter) |
| Filing 166 REPLY/RESPONSE to re #160 Objection to Report and Recommendations filed by FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks, Fedex Custom Critical. (Campbell, John) |
| Filing 165 REPLY/RESPONSE to re #160 Objection to Report and Recommendations (The Government's Response to the Relator's Amended Objections (Dkt. 160) to the Magistrate Judge's Report and Recommendation (Dkt. 154)) filed by United States of America. (Wylegala, Gretchen) |
Filing 164
TEXT ORDER - IT HEREBY IS ORDERED, that given the dispositive nature of the Magistrate Judge's #154 Report and Recommendation as it pertains to the Relator's continuation of this action, this Court will consider responses to the #160 Objections from any defendant that wishes to file them. Defendants are advised to cabin their responses to the arguments and issues presented to the Magistrate Judge. No new arguments or issues will be considered. Pursuant to this Court's 161 Scheduling Notice, responses to the #160 Objections are due by November 20, 2014; replies are due by December 1, 2014. All counsel are further advised that this Court generally does not accept letters, emails, or faxes. Issued by Chief Judge William M. Skretny on 11/13/2014. (JCD)
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| Filing 163 TEXT ORDER : In response to the letter request for clarification #162 , the stay of proceedings issued on July 16, 2014 #118 is lifted, as there is no longer any reason for its continuation. If defendants other than the FedEx defendants submit responses to the Relator's Amended Objections #160 to my Report and Recommendation #154 , Judge Skretny will decide whether those responses may be considered. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/12/14. (DAZ) |
| Filing 162 Letter Request for Clarification of the Stay re #118 Order to Show Cause ( Michael K. Loucks, Esq.) (Filed with permission of Hon. Jeremiah J. McCarthy). (DAZ) |
| Filing 161 SCHEDULING NOTICE on #158 #159 #160 Objections to the #154 Report and Recommendation. Responses due by 11/20/2014. Replies due by 12/1/2014. Oral Argument will be scheduled by the Court as necessary. (MEAL) |
| Filing 160 OBJECTION to #154 Report and Recommendations Amended by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Jasen, Peter) |
| Filing 159 OBJECTIONS to REPORT AND RECOMMENDATIONS re #21 Amended Complaint,,,,,,,,,, filed by United States of America, #86 First MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 filed by FedEx Supply Chain Solutions, FedEx Corporation, FedEx Trade Ne #154 filed by Defendants FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks, Fedex Custom Critical.. (Campbell, John) |
| Filing 158 OBJECTION to #154 Report and Recommendations by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Jasen, Peter) |
| Filing 157 NOTICE of Appearance by Amy C. Gross on behalf of Liberty Mutual Group, Liberty Mutual Holding Company, Inc., Liberty Mutual Insurance Company (Gross, Amy) |
| Filing 156 MOTION to Discontinue Claims against identified defendants by United States of America.(Jasen, Peter) |
| Filing 155 TEXT ORDER : The Relator's motion for reargument /reconsideration #149 is granted, but for the reasons stated in my Report and Recommendation #154 I continue to adhere to my original determination expressed at the September 3, 2014 proceeding. Based upon my Report and Recommendation #154 , defendants' motion to set a uniform schedule #81 and the Relator's motion for leave to serve discovery demands #85 are denied as moot. To the extent that additional appearances may be necessary, the motions of David W. Ogden, Esq [110, 122], Charles C. Speth, Esq. [111, 123], Douglas W. Baruch, Esq. #127 , Jessica L. Klein, Esq. #127 , and John T. Boese, Esq. #127 for pro hac vice admission are granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/16/14. (DAZ) |
| Filing 154 REPORT AND RECOMMENDATION re #21 Amended Complaint, filed by United States of America; #86 First MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 filed by FedEx Supply Chain Solutions, FedEx Corporation, FedEx Trade Newtorks, FedEx Office, Fedex Custom Critical, FedEx Freight, FedEx Ground, FedEx Services, FedEx Express. Objections to R&R due by 11/3/2014. Signed by Hon. Jeremiah J. McCarthy on 10/16/14. (DAZ) |
| *** MOTION TERMINATED *** #107 Motion to Amend or Correct granted per 126 . (DAZ) |
| Filing 153 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/24/14, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number christimacri50@gmail.com. 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 10/27/2014. Redacted Transcript Deadline set for 11/6/2014. Release of Transcript Restriction set for 1/5/2015. (DZ) |
| Filing 152 TEXT ORDER : As agreed at yesterday's proceeding 151 , the Relator's unopposed motion #146 to dismiss defendants Maiden Holding Ltd., Nationwide Corporation, The Prudential Insurance Company of America and Prudential Financial, Inc. from this action is granted; and the unopposed motion #147 of Timothy G. O'Connell, Esq. and the Law Firm of Gelber & O'Connell, LLC to withdraw as counsel for the Relator is likewise granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/25/14. (DAZ) |
| Filing 151 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 9/24/2014 to address motions. Report and Recommendation to follow. APPEARANCES: Gretchen L. Wylegala (via telephone), Peter M. Jasen and Timothy G. O'Connell for Plaintiff, Relator J. Michael Hayes; Brian R. Biggie, Steven M. Levy ( via telephone), Alan S. Gilbert (via telephone) for Deft Allstate, et al.; Jonathan Marc Freiman for Deft Hartford; Heath J. Szymczak (via telephone) for Deft Erie; Lori L. Pines, Paul F. Keneally for Deft Farmers et al.; Brian L. Bank (via telephone)for Deft GEICO;Eric Bernhardt for Deft GMAC; Dennis McCoy, Amy Gross (via telephone) for Deft Liberty, et al.; Matthew C. Corcoran (via telephone) and Stephen G. Sozio for Deft Nationwide; Jeanne Lane (via telephone) for Deft New York Mutual; Suzanne O. Galbato (via telephone), Lucy Scott Clippinger (via telephone)for Deft Preferred Mutual; Terrence M. Connors, Zoe Carlisle for Deft Progressive; Charles Speth ( via telephone) for Deft Prudential; Dan D. Kohane, Doughlas W. Baruch (via telephone), Jessica Kline (via telephone) for Deft State Farm; Deborah Lynn Stein (via telephone), Carol E. Heckman for Deft Travelers; Lynnette Nogueras-Trummer, John W. Campbell (via telephone) for Deft FedEx; Michael J. Willett for Deft Zurich; Eric Lynch, Kevin M. Hogan for Deft U-Haul. (FTR GOLD) (DAZ) |
| Filing 149 MOTION for Reconsideration re #86 First MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11, #136 Reply to Response to Motion, #134 Response in Opposition to Motion, by United States of America. (Attachments: #1 Affidavit, #2 Exhibit to Affidavit, #3 Memorandum in Support)(Jasen, Peter) |
| Filing 150 Sealed Document - Affidavit of Timothy G. O'Connell re Motion to Withdraw #147 . (Filed with permission of Hon. Jeremiah J. McCarthy). (DAZ) |
| Filing 148 TEXT ORDER: In connection with Timothy G. O'Connell, Esq.'s motion #147 to withdraw as counsel, he "requests that the basis for this Motion be submitted in camera " pursuant to LR Civ. P. 83.2(d)(1). O'Connell Affidavit #147 , paragraph 4. That request is granted, without prejudice to defendants' right to argue that they should have access to the in camera submission. The motion to withdraw as counsel #147 will be addressed at the September 24, 2014 conference. Issued by Hon. Jeremiah J. McCarthy on 9/17/2014. (JCCh) |
| Filing 147 MOTION to Withdraw as Attorney by United States of America.(O'Connell, Timothy) |
| Filing 146 MOTION Discontinue claims against identified defendants re #21 Amended Complaint,,,,,,,,,, by United States of America. (Attachments: #1 Exhibit A)(O'Connell, Timothy) |
| Filing 145 TEXT ORDER: By letter dated September 12, 2014 #144 , the relator has requested permission to file motions for discontinuance as against certain unspecified defendants. Notwithstanding the stay of proceedings #118 , the relator may do so. The effect of any such discontinuances upon the remainder of the litigation will be addressed at the status conference scheduled for September 24 at 4:00 p.m. 143 .Issued by Hon. Jeremiah J. McCarthy on 9/12/2014. (JCCh) |
| Filing 144 MOTION other by United States of America.(O'Connell, Timothy) |
| Filing 143 TEXT ORDER: A status conference will be held on September 24, 2014 at 4:00 pm. Counsel may participate by telephone upon advance notice to chambers, although I prefer that in-town counsel appear in person, if possible. Depending on the number participating by telephone, arrangements should be made for a conference line. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/8/14. (DAZ) |
| NOTICE re 143 Status Conference set for September 24, 2014 at 4:00 pm. Anyone wishing to participate via telephone, please call 1-800-346-2923 and use access code 899741. (DAZ) |
| Filing 142 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/3/14, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Karen J. Bush, Telephone number (585) 613-4312. 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 9/25/2014. Redacted Transcript Deadline set for 10/6/2014. Release of Transcript Restriction set for 12/3/2014. (DZ) Modified on 9/5/2014 to correct phone number (DAZ). |
| Filing 141 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 9/3/2014 re FedEx defendants' motion for sanctions. After oral argument, court had an off the record discussion with parties. Parties have three weeks, until 9/24/14, to answer the Court's inquiry. APPEARANCES: Gretchen L. Wylegala (via telephone), Peter M. Jasen and Timothy G. O'Connell for Plaintiff; Brian R. Biggie, Steven M. Levy, Sean C. Cenawood ( via telephone), Alan S. Gilbert (via telephone) for Deft Allstate, et al.; Kim Rinehart (via telephone) for Deft Hartford; Alan R. Levy (via telephone) for Deft Daimler Chrysler; Heath J. Szymczak for Deft Erie; Lori L. Pines, Paul F. Keneally for Deft Farmers et al.; Barry L. Bank (via telephone)for Deft GEICO; Jeffrey F. Baase for Deft GMAC; James Milbrand and Kevin J. Fee (via telephone) for Deft Liberty, et al.; Mark C. Davis, Matthew C. Corcoran (via telephone), for Deft Nationwide; Eric Dranoff (via telephone) for Deft New York Mutual; Suzanne O. Galbato, Edward Ryan Conan (via telephone)for Deft Preferred Mutual; Terrence M. Connors, Michael K. Loucks and Kara E. Fay (via telephone) for Deft Progressive; Charles Speth ( via telephone) and David W. Ogden (via telephone) for Deft Prudential; Dan D. Kohane, Doughlas W. Baruch (via telephone), Jessica Kline (via telephone) for Deft State Farm; Deborah Lynn Stein (via telephone), Carol E. Heckman for Deft Travelers; Susan C.Roney, John W. Campbell, Richard C. Saxton for Deft FedEx; Michael J. Willett for Deft Zurich; Kevin M. Hogan for Deft U-Haul. (FTR GOLD) (DAZ) |
| Filing 140 NOTICE by J.B. Hunt Transport Services, Inc., Utica Mutual Insurance Company NOTICE OF RELATED CASE (Biggie, Brian) |
| NOTICE re 139 Text Order setting oral argument for September 3, 2014 at 2:00 pm. Anyone wishing to participate via telephone, please call 800-346-2923 and use access code 899741. (DAZ) |
| Filing 139 TEXT ORDER: On September 3, 2014 at 2:00 pm I will be hearing oral argument of the FedEx defendants' motion for sanctions #86 , the issues raised in my July 16, 2014 Order #118 , and the Relator's request (although not formally denominated as a motion) for leave to file a revised Second Amended Complaint ( #134 , p. 25; [134--5]). If I am inclined to consider a further amendment, I will first give defendants an opportunity to address that request. Although the government has not intervened in this action, it does claim an interest in any potential recovery. Therefore, I suggest (but do not insist) that AUSA Gretchen Wylegala or another attorney from her office attend the proceedings on September 3. Issued by Hon. Jeremiah J. McCarthy on 8/29/2014. (JCCh) |
| Filing 138 DECLARATION signed by Susan C. Roney re #137 Affidavit filed by FedEx Supply Chain Solutions, FedEx Services, FedEx Express, FedEx Corporation, FedEx Ground, FedEx Freight, FedEx Trade Newtorks, FedEx Office, Fedex Custom Critical filed by FedEx Supply Chain Solutions, FedEx Services, FedEx Express, FedEx Corporation, FedEx Ground, FedEx Freight, FedEx Trade Newtorks, FedEx Office, Fedex Custom Critical. (Attachments: #1 Certificate of Service)(Roney, Susan) |
| Filing 137 AFFIDAVIT re #135 Order, by United States of America filed by United States of America. (Jasen, Peter) |
| Filing 136 REPLY to Response to Motion re #86 First MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 filed by FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks, Fedex Custom Critical. (Campbell, John) |
| Filing 135 TEXT ORDER : Today I received the attached letter from Jeffrey J. Signor dated August 21, 2014. I have confirmed with Mr. Signor that, if called upon to do so, he would swear to the contents of that letter under oath. The relator and his attorneys may file a response to the letter by August 29, 2014. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/22/14. (DAZ) |
| Pro Hac Vice fee for Attorney Douglas W. Baruch: $ 150.00, receipt number BUF041424. (CMD) |
| Pro Hac Vice fee for Attorney Jessica Klein: $ 150.00, receipt number BUF041425.(CMD) |
| Filing 134 RESPONSE in Opposition re #86 First MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 Amended Memorandum of Law filed by United States of America. (Attachments: #1 Second Amended Attorney Affirmation, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(O'Connell, Timothy) |
| Filing 133 TEXT ORDER : The Second Amended Complaint docketed today #132 will be treated as a proposed Second Amended Complaint. A determination as to whether the amendment should be allowed will be made in connection with determination of the pending sanctions issues. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/11/14. (DAZ) |
| Filing 132 (proposed) SECOND AMENDED COMPLAINT against All Defendants, filed by United States of America. (Attachments: #1 Exhibit, #2 Certificate of Service)(O'Connell, Timothy) Text Modified on 8/12/2014 (DZ). |
| Filing 131 TEXT ORDER : Counsel are reminded that while the stay of proceedings remains in effect, it is not necessary to file motions for pro hac vice admissions, and I will not be deciding those motions until I decide the pending sanctions motion.SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/11/14. (DAZ) |
| Filing 130 TEXT ORDER : The proposed revised Second Amended Complaint [129-4] is not legible as docketed. Plaintiff shall docket a legible copy by August 13, 2014, failing which this document will be disregarded. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/8/14. (DAZ) |
| Filing 129 AFFIRMATION filed by United States of America Amended Affirmation filed by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Errata D, #5 Memorandum in Support Memo of Law)(O'Connell, Timothy) |
| Filing 128 AFFIRMATION re #86 First MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 filed by United States of America filed by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Memorandum in Support Memo of Law)(O'Connell, Timothy) |
| E-Filing Notification: Please submit a check or money order in the amount of $300.00 to the Clerk's Office for payment of the two additional attorneys seeking pro hac admission to Court re: #127 MOTION to appear pro hac vice. (CMD) |
| Filing 127 MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-2085087.) by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Affidavit Affidavit of Dan D. Kohane, #2 Exhibit A - Baruch, #3 Exhibit B - Baruch, #4 Exhibit C - Baruch, #5 Exhibit D - Baruch, #6 Exhibit A - Boese, #7 Exhibit B - Boese, #8 Exhibit C - Boese, #9 Exhibit D - Boese, #10 Exhibit A - Klein, #11 Exhibit B - Klein, #12 Exhibit C - Klein, #13 Exhibit D - Klein, #14 Affidavit Petition of Douglas W. Baruch, Esq., #15 Exhibit A - Certificate of Good Standing, #16 Affidavit John T. Boese, Esq., #17 Exhibit A - Certificate of Good Standing, #18 Affidavit Jessica Klein, Esq., #19 Exhibit A - Certificate of Good Standing, #20 Certificate of Service)(Kohane, Dan) |
| Filing 126 TEXT ORDER : Plaintiff's motion #125 to withdraw its earlier motion [107, 121] seeking leave to file a Second Amended Complaint is granted. Both motions may be considered in determining whether sanctions are warranted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/6/14. (DAZ) |
| Filing 125 MOTION to Withdraw #121 Declaration, by United States of America. (Attachments: #1 Exhibit A)(O'Connell, Timothy) |
| Filing 124 NOTICE of Appearance by Alan R. Levy on behalf of Daimler Chrysler Insurance Company (Levy, Alan) |
| Filing 123 CONTINUATION OF EXHIBITS to #111 MOTION to appear pro hac vice Charles C. Speth ( Filing fee $ 150 receipt number 0209-2068232.) Notarized Petition. (Paikin, Jonathan) |
| Filing 122 CONTINUATION OF EXHIBITS to #110 MOTION to appear pro hac vice David W. Ogden ( Filing fee $ 150 receipt number 0209-2068203.) Notarized Petition. (Paikin, Jonathan) |
| Filing 120 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/15/14, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Karen J. Bush, Telephone number (585) 613-4312. 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 8/7/2014. Redacted Transcript Deadline set for 8/18/2014. Release of Transcript Restriction set for 10/15/2014. (DZ) |
| Filing 119 NOTICE of Appearance by Eric Dranoff on behalf of New York Central Mutual Fire Insurance Company (Dranoff, Eric) |
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Filing 118
ORDER REGARDING FURTHER PROCEEDINGS - Oral Argument set for 9/3/2014 at 02:00 PM before Hon. Jeremiah J. McCarthy. Show Cause due by 8/13/2014. Signed by Hon. Jeremiah J. McCarthy on 7/16/14. (DAZ)
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| Filing 117 TEXT ORDER : In accordance with yesterday's oral rulings, the motions of Matthew C. Corcoran, Esq. #91 , Stephen G. Sozio, Esq. #92 , Kristen C. Rodriguez, Esq. #101 , Steven M. Levy, Esq. #101 , Sean C. Cenawood, Esq. #101 , and Alan S. Gilbert, Esq. #101 for pro hac vice admission are granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/16/14. (DAZ) |
| Filing 116 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 7/15/2014. Court addresses the various motions filed. Pro Hac Vice motions will be granted. Court will issue an Order to Show Cause, briefing schedule set. APPEARANCES: Peter M. Jasen and Timothy G. O'Connell for Plaintiff; Brian R. Biggie, Sean C. Cenawood (telephone), Alan S. Gilbert (telephone) for Deft Allstate, et al.; Jonathan Marc Freiman (telephone) for Deft Hartford; Heath J. Szymczak for Deft Erie; Lori L. Pines, Paul F. Keneally for Deft Farmers et al.; Barry I. Levy (telephone) and Sandra H. Buchanan for Deft GEICO; Jeffrey F. Baase for Deft GMAC; Dennis R. McCoy and Kevin J. Fee (telephone) for Deft Liberty, et al.; Mark C. Davis, Matthew C. Corcoran, Stephen G. Sozio for Deft Nationwide; Suzanne O. Galbato (telephone) and Lucy Scott Clippinger for Deft Preferred Mutual; Terrence M. Connors and Michael K. Loucks for Deft Progressive; Charles Speth (telephone) for Deft Prudential; Dan D. Kohane for Deft State Farm; Bryce L. Friedman (telephone), Deborah Lynn Stein (telephone), Carol E. Heckman for Deft Travelers; Susan C.Roney, John W. Campbell for Deft FedEx; Michael J. Willett for Deft Zurich; Eric Lynch, Kevin M. Hogan for Deft U-Haul. (FTR GOLD) (DAZ) |
| E-Filing Notification: #111 MOTION to appear pro hac vice for Charles C. Speth - ACTION REQUIRED: Please submit a notarized petition as the original petition does not contain the notary's signature. Filer may use the "continuation of exhibit" event to file these documents and link them to the motion. (CMD) |
| E-Filing Notification: #110 MOTION to appear pro hac vice for David W. Ogden - ACTION REQUIRED: Please submit a notarized petition as the original petition does not contain the notary's signature. Filer may use the "continuation of exhibit" event to file these documents and link them to the motion. (CMD) |
| Filing 115 NOTICE of Appearance by Jeffrey F. Baase on behalf of GMAC Insurance (Baase, Jeffrey) Text Modified on 7/14/2014 (DZ). |
| Filing 114 NOTICE of Appearance by Kevin M. Hogan on behalf of U-Haul International (Hogan, Kevin) |
| Filing 113 TEXT ORDER : Although the complaint in this action was initially filed under seal, on March 20, 2014 Judge Skretny ordered that "the seal be lifted as to all other matters occurring in this action after the date of this Order" ( 20 , paragraph 3). Nevertheless, on July 11, 2014 plaintiff purported to file a motion #107 under seal, without complying with L.R.Civ.P. Rule 5.3 and section 2(o)(i) of this Court's Administrative Procedures Guide for Electronic Filing. At tomorrow's proceeding, plaintiff should be prepared to address why that motion should not be unsealed. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/14/14. (DAZ) |
| Filing 112 AFFIDAVIT of Service for Summons and Amended Complaint served on FedEx Express on 7/8/14, filed by United States of America. (O'Connell, Timothy) |
| Pro Hac Vice Filing fee : $ 450.00, receipt number 41014 (balance of fee due from #101 motion (DZ) |
| E-Filing Notification: #115 NOTICE of Appearance by Jeffrey F. Baase **Text modified to indicate filed on behalf of GMAC Insurance (DZ) |
| Filing 121 Papers in support of plaintiff's motion for leave to file a Second Amended Complaint #107 , which was previously submitted under seal. (Attachments: #1 Affidavit of Relator J. Michael Hayes, #2 Attorney Affirmation of Timothy G. O'Connell, #3 Exhibit A - Part I, #4 Exhibit A - Part II, #5 Exhibit A - Part III, #6 Exhibits).(DAZ) |
| Filing 111 MOTION to appear pro hac vice Charles C. Speth ( Filing fee $ 150 receipt number 0209-2068232.) by Prudential Financial, Inc., The Prudential Insurance Company of America. (Attachments: #1 Sponsoring Affirmation, #2 Admission Petition, #3 Attorney Database Form, #4 Attorney's Oath, #5 Civility Principles Oath, #6 CM/ECF Form, #7 Certificate of Service)(Paikin, Jonathan) |
| Filing 110 MOTION to appear pro hac vice David W. Ogden ( Filing fee $ 150 receipt number 0209-2068203.) by Prudential Financial, Inc., The Prudential Insurance Company of America. (Attachments: #1 Exhibit Sponsoring Affirmation, #2 Exhibit Admission Petition, #3 Exhibit Attorney Database Form, #4 Exhibit Attorney's Oath, #5 Exhibit Civility Principles Oath, #6 Exhibit CM/ECF Form, #7 Exhibit Certificate of Service)(Paikin, Jonathan) |
| Filing 109 NOTICE of Appearance by Michael J. Willett on behalf of Zurich North America (Willett, Michael) |
| Filing 108 AFFIDAVIT of Service for Summons and Amended Complaint served on J.B. Hunt Transport Services, Inc. on 6/24/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 107 MOTION to Amend/Correct by United States of America.(O'Connell, Timothy) |
| NOTICE re 95 Text Order setting a status conference for July 15, 2014 at 4:00 pm. Anyone wishing to participate via telephone, please call 800-346-2923 and use access code 899741. (DAZ) |
| Filing 106 AFFIDAVIT re #101 MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-2067236.), #102 Affidavit, Levy by Allstate Corporation, Allstate Insurance Company, Kemper Corporation, Kemper Independence Insurance Company, Metropolitan Group Property and Casualty Insurance Company, Metropolitan Property and Casualty Insurance Company. (Biggie, Brian) |
| Filing 105 AFFIDAVIT re #101 MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-2067236.), #102 Affidavit, Cenawood by Allstate Corporation, Allstate Insurance Company, Kemper Corporation, Kemper Independence Insurance Company, Metropolitan Group Property and Casualty Insurance Company, Metropolitan Property and Casualty Insurance Company. (Biggie, Brian) |
| Filing 104 AFFIDAVIT re #101 MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-2067236.), #102 Affidavit, Rodriguez by Allstate Corporation, Allstate Insurance Company, Kemper Corporation, Kemper Independence Insurance Company, Metropolitan Group Property and Casualty Insurance Company, Metropolitan Property and Casualty Insurance Company. (Biggie, Brian) |
| Filing 103 AFFIDAVIT re #101 MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-2067236.), #102 Affidavit, Gilbert by Allstate Corporation, Allstate Insurance Company, Kemper Corporation, Kemper Independence Insurance Company, Metropolitan Group Property and Casualty Insurance Company, Metropolitan Property and Casualty Insurance Company. (Biggie, Brian) |
| Filing 102 AFFIDAVIT re #101 MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-2067236.) SPONSOR'S AFFIDAVIT by Allstate Corporation, Allstate Insurance Company, Kemper Corporation, Kemper Independence Insurance Company, Metropolitan Group Property and Casualty Insurance Company, Metropolitan Property and Casualty Insurance Company. (Biggie, Brian) |
| Filing 101 MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-2067236.) by Metropolitan Group Property and Casualty Insurance Company, Metropolitan Property and Casualty Insurance Company.(Biggie, Brian) |
| Filing 100 NOTICE of Appearance by Jonathan Edward Paikin on behalf of Prudential Financial, Inc., The Prudential Insurance Company of America (Paikin, Jonathan) |
| Filing 99 NOTICE of Appearance by Hedwig M. Auletta on behalf of Zurich North America (Auletta, Hedwig) |
| Filing 98 NOTICE of Appearance by Carol E. Heckman on behalf of The Travelers Companies, Inc., Travelers Insurance Group Holding, Inc., Travelers Property Casualty Corporation (Attachments: #1 Certificate of Service)(Heckman, Carol) |
| Filing 97 NOTICE of Appearance by Dan D. Kohane on behalf of State Farm Mutual Automobile Insurance Company (Attachments: #1 Certificate of Service)(Kohane, Dan) |
| Filing 96 NOTICE of Appearance by Brian R. Biggie on behalf of Allstate Corporation, Allstate Insurance Company, Founders Insurance Company, Founders Insurance Company of Michigan, Graphic Arts Mutual Insurance Company, J.B. Hunt Transport Services, Inc., Kemper Corporation, Kemper Independence Insurance Company, Metropolitan Group Property and Casualty Insurance Company, Metropolitan Property and Casualty Insurance Company, Republic-Franklin Insurance Company, The Hartford Financial Services Group, Inc., Utica Lloyd's of Texas, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Company of Ohio, Utica National Insurance Company of Texas, Utica National Insurance Group, Utica Specialty Risk Insurance Company (Attachments: #1 Affidavit Affidavit of Service)(Biggie, Brian) |
| Filing 95 TEXT ORDER : This action having just been referred to me 94 , a status conference will be held on July 15, 2014 at 4:00 pm to discuss the status of pending motions and other logistical matters. Counsel may participate by telephone upon advance notice to chambers, although I prefer that in-town counsel appear in person, if possible. Depending on the number participating by telephone, arrangements may have to be made for a conference line. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/9/14. (DAZ) |
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Filing 94
TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Chief Judge William M. Skretny on 7/8/2014. (JCD)
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| Filing 93 AFFIRMATION re #81 MOTION for Extension of Time to File Answer Notice of Motion to Set Uniform Schedule filed by United States of America filed by United States of America. (O'Connell, Timothy) |
| Filing 92 MOTION to appear pro hac vice Stephen G. Sozio ( Filing fee $ 150 receipt number 0209-2063644.) by Nationwide Corporation, Nationwide Financial Services, Inc., Nationwide General Insurance Company, Nationwide Mutual Insurance Company. (Attachments: #1 Sponsoring Declaration, #2 Admission Petition, #3 Attorney Database Form, #4 Attorney's Oath, #5 Attorney CM/ECF Registration Form, #6 Civility Principles Oath, #7 Certificate of Service)(Davis, Mark) |
| Filing 91 MOTION to appear pro hac vice Matthew C. Corcoran ( Filing fee $ 150 receipt number 0209-2063616.) by Nationwide Corporation, Nationwide Financial Services, Inc., Nationwide General Insurance Company, Nationwide Mutual Insurance Company. (Attachments: #1 Sponsoring Declaration, #2 Admission Petition, #3 Attorney Database Form, #4 Attorney's Oath, #5 Attorney CM/ECF Registration Form, #6 Civility Principles Oath, #7 Certificate of Service)(Davis, Mark) |
| Filing 90 NOTICE of Appearance by Mark C. Davis on behalf of Nationwide Corporation, Nationwide Financial Services, Inc., Nationwide General Insurance Company, Nationwide Mutual Insurance Company (Davis, Mark) |
| Filing 89 NOTICE of Appearance by Jonathan S. Zelig on behalf of The Travelers Companies, Inc., Travelers Insurance Group Holding, Inc., Travelers Property Casualty Corporation (Zelig, Jonathan) |
| Filing 88 NOTICE of Appearance by Deborah Lynn Stein on behalf of The Travelers Companies, Inc., Travelers Insurance Group Holding, Inc., Travelers Property Casualty Corporation (Stein, Deborah) |
| Filing 87 NOTICE of Appearance by Bryce L. Friedman on behalf of The Travelers Companies, Inc., Travelers Insurance Group Holding, Inc., Travelers Property Casualty Corporation (Friedman, Bryce) |
| Filing 86 First MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 by FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks, Fedex Custom Critical. (Attachments: #1 Memorandum in Support, #2 Affidavit Declaration of Clement E. Klank, III, #3 Exhibit Exhibit A to Klank Declaration, #4 Affidavit Declaration of Susan Roney, #5 Exhibit Exhibit A to Roney Declaration, #6 Exhibit Exhibit B to Roney Declaration)(Campbell, John) |
| Filing 85 MOTION for Discovery by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Memorandum in Support Memorandum of Law, #4 Affidavit Affidavit of Hayes, #5 Affidavit Affidavit of Duggan, #6 Affidavit Affidavit of Freeman)(O'Connell, Timothy) |
| Filing 84 NOTICE of Appearance by Dennis R. McCoy on behalf of Liberty Mutual Group, Liberty Mutual Holding Company, Inc., Liberty Mutual Insurance Company (McCoy, Dennis) |
| Filing 83 AFFIDAVIT of Service for Summons and Amended Complaint served on Maiden Holding Ltd. on 6/23/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 82 AFFIDAVIT of Service for Summons and Amended Complaint served on Liberty Mutual Holding Company, Inc. on 6/23/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 81 MOTION for Extension of Time to File Answer Notice of Motion to Set Uniform Schedule by Progressive Insurance Company, The Progressive Corporation. (Attachments: #1 Affidavit Declaration of Terrence M. Connors, #2 Certificate of Service)(Connors, Terrence) |
| Filing 80 STIPULATION re #21 Amended Complaint,,,,,,,,,, #37 Stipulation - Joinder in Previously-Filed Stipulation on Consent of Plaintiff/Relator - Extending Time to Respond to Amended Complaint to 8/1/2014 by GEICO Insurance. (Attachments: #1 Certificate of Service)(Levy, Barry) |
| Filing 79 CERTIFICATE OF SERVICE by United States of America re #21 Amended Complaint,,,,,,,,,, (O'Connell, Timothy) |
| E-Filing Notification: #78 MOTION for Extension of Time to File Answer re #21 Amended Complaint (Levy, Barry) **motion terminated; Document to be re-filed; letters should not be e-filed or attached to entry (DZ) |
| Filing 78 MOTION for Extension of Time to File Answer re #21 Amended Complaint,,,,,,,,,, Letter to Court requesting (i) that the Court so-order the attached Joinder to Stipulation and [Proposed] Order granting Defendant GEICO Insurance an extension of time to answer, move, or otherwise respond to Amended Complaint to 8/1/2014; and (ii) that schedule for Defendant GEICO Insurance's answer/motion be adjusted accordingly so that all motions can be briefed on an identical schedule by GEICO Insurance. (Attachments: #1 Joinder to Stipulation and [Proposed] Order)(Levy, Barry) |
| Filing 77 NOTICE of Appearance by Sandra H. Buchanan on behalf of GEICO Insurance (Buchanan, Sandra) |
| Filing 76 NOTICE of Appearance by Brian L. Bank on behalf of GEICO Insurance (Bank, Brian) |
| Filing 75 NOTICE of Appearance by Barry I. Levy on behalf of GEICO Insurance (Levy, Barry) |
| Filing 74 WAIVER OF SERVICE Returned Executed by United States of America. Zurich North America waiver sent on 5/6/2014, answer due 7/7/2014. (O'Connell, Timothy) |
| Filing 73 WAIVER OF SERVICE Returned Executed by United States of America. FedEx Corporation waiver sent on 5/7/2014, answer due 8/1/2014; FedEx Express waiver sent on 5/7/2014, answer due 8/1/2014; FedEx Freight waiver sent on 5/7/2014, answer due 8/1/2014; FedEx Ground waiver sent on 5/7/2014, answer due 8/1/2014; FedEx Office waiver sent on 5/7/2014, answer due 8/1/2014; FedEx Services waiver sent on 5/7/2014, answer due 8/1/2014; FedEx Supply Chain Solutions waiver sent on 5/7/2014, answer due 8/1/2014; FedEx Trade Newtorks waiver sent on 5/7/2014, answer due 8/1/2014; Fedex Custom Critical waiver sent on 5/7/2014, answer due 8/1/2014. (O'Connell, Timothy) |
| Filing 72 AFFIDAVIT of Service for Summons and Amended Complaint served on Founders Insurance Company on 6/22/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 71 TEXT ORDER. IT HEREBY IS ORDERED THAT, the #48 Motion for Pro Hac Vice Admission of Kara E. Fay, Esq., is GRANTED. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 6/26/2014. (CMD) |
| Filing 70 AFFIDAVIT of Service for Summons and Amended Complaint served on Utica Specialty Risk Insurance Company on 6/19/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 69 AFFIDAVIT of Service for Summons and Amended Complaint served on Utica Lloyd's of Texas on 6/19/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 68 AFFIDAVIT of Service for Summons and Amended Complaint served on Prudential Financial, Inc. on 6/19/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 67 AFFIDAVIT of Service for Summons and Amended Complaint served on The Progressive Corporation on 6/19/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 66 AFFIDAVIT of Service for Summons and Amended Complaint served on Nationwide on 6/19/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 65 AFFIDAVIT of Service for Summons and Amended Complaint served on Erie Insurance Exchange, Inc. on 6/20/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 64 AFFIDAVIT of Service for Summons and Amended Complaint served on Erie Indemnity Company on 6/20/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 63 AFFIDAVIT of Service for Summons and Amended Complaint served on Daimler Chrysler Insurance Company on 6/19/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 62 NOTICE of Appearance by Kevin J. Fee on behalf of Liberty Mutual Group, Liberty Mutual Holding Company, Inc., Liberty Mutual Insurance Company (Fee, Kevin) |
| Filing 61 AFFIDAVIT of Service for Summons and Amended Complaint served on Berkshire Hathaway, Inc. on 6/19/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 60 AFFIDAVIT of Service for Summons and Amended Complaint served on Allstate Corporation on 6/19/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 59 AFFIDAVIT of Service for Summons and Amended Complaint served on Founders Insurance Company of Michigan on 6/16/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 58 AFFIDAVIT of Service for Summons and Amended Complaint served on Kemper Corporation on 6/18/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 57 AFFIDAVIT of Service for Summons and Amended Complaint served on U-Haul International on 6/17/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 56 AFFIDAVIT of Service for Summons and Amended Complaint served on Zurich North America on 6/18/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 55 AFFIDAVIT of Service for Summons and Amended Complaint served on Nationwide Financial Services, Inc. on 6/16/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 54 STIPULATION re #21 Amended Complaint,,,,,,,,,, Stipulation and Order Extending Time to Respond to Amended Complaint by New York Central Mutual Fire Insurance Company. (Dranoff, Eric) |
| Filing 53 TEXT ORDER. IT HEREBY IS ORDERED THAT, the #46 Motion for Pro Hac Vice Admission of Michael K. Loucks, Esq., is GRANTED. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 6/24/2014. (CMD) |
| Filing 52 TEXT ORDER. The #29 Stipulation Extending Time to Answer is HEREBY APPROVED. Defendants, FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks and Fedex Custom Critical, time to answer or otherwise make motions with respect to the Amended Complaint is extended to 8/1/2014. Further, Plaintiff/Relator's response to any motion filed by the Fedex Defendants is due on or before 10/1/2014. Fedex Defendants shall reply to any opposition on or before 11/14/2014. Issued by William M. Skretny, Chief Judge U.S.D.C. on 6/23/2014. (CMD) Modified to correct document number for stipulation on 6/23/2014 (CMD). |
| Set/Reset Deadlines as to: Responses due by 10/1/2014. Replies due by 11/14/2014. (CMD) |
| E-Filing Notification: Modified document number for Stipulation referenced by 52 TEXT ORDER. The #29 Stipulation Extending Time to Answer is HEREBY APPROVED. Defendants, FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks and Fedex Custom Critical, time to answer or otherwise make motions with respect to the Amended Complaint is extended to 8/1/2014. Further, Plaintiff/Relator's response to any motion filed by the Fedex Defendants is due on or before 10/1/2014. Fedex Defendants shall reply to any opposition on or before 11/14/2014. Issued by William M. Skretny, Chief Judge U.S.D.C. on 6/23/2014. (CMD) |
| Filing 51 AFFIDAVIT of Service for Summons and Amended Complaint served on AIG on 5/19/14, filed by United States of America. (O'Connell, Timothy) |
| Filing 50 TEXT ORDER. IT HEREBY IS ORDERED THAT, the [37} Stipulation is APPROVED and SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 6/20/2014. (CMD) |
| Filing 49 TEXT ORDER. IT HEREBY IS ORDERED THAT, the #32 Motion for Pro Hac Vice Admission of Graham W. Askew, Esq. is GRANTED. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 6/20/2014. (CMD) |
| Filing 48 MOTION to appear pro hac vice of Kara E. Fay ( Filing fee $ 150 receipt number 0209-2054425.) by Progressive Insurance Company. (Attachments: #1 Affidavit Declaration in Support, #2 Exhibit A, #3 Certificate of Service)(Connors, Terrence) |
| Filing 47 NOTICE of Appearance by Lori L. Pines on behalf of Farmers Insurance Exchange, Fire Insurance Exchange, Foremost Insurance Group, Truck Insurance Exchange (Pines, Lori) |
| Filing 46 MOTION to appear pro hac vice of Michael K. Loucks ( Filing fee $ 150 receipt number 0209-2053891.) by Progressive Insurance Company. (Attachments: #1 Affidavit Declaration in Support, #2 Exhibit A, #3 Certificate of Service)(Connors, Terrence) |
| Filing 45 STIPULATION re #37 Stipulation (Joinder in Previously-Filed Stipulation on Consent of Plaintiff/Relator - docket item 44 filed in error) by Progressive Insurance Company, The Progressive Corporation. (Attachments: #1 Certificate of Service)(Connors, Terrence) |
| Filing 44 STIPULATION re #37 Stipulation (Joinder in Previously-Filed Stipulation on Consent of Plaintiff/Relator) by Progressive Insurance Company, The Progressive Corporation. (Attachments: #1 Certificate of Service)(Connors, Terrence) |
| Filing 43 NOTICE of Appearance by Terrence M. Connors on behalf of Progressive Insurance Company, The Progressive Corporation (Connors, Terrence) |
| Filing 42 NOTICE of Appearance by Heath J. Szymczak on behalf of Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Inc. (Szymczak, Heath) |
| Filing 41 SUMMONS Returned Executed by United States of America. Allstate Insurance Company served on 5/19/2014, answer due 6/9/2014; Erie Insurance Company served on 5/19/2014, answer due 6/9/2014; Erie Insurance Company of New York served on 5/19/2014, answer due 6/9/2014; Farmers Insurance Exchange served on 5/19/2014, answer due 6/9/2014; Fire Insurance Exchange served on 5/19/2014, answer due 6/9/2014; Foremost Insurance Group served on 5/19/2014, answer due 6/9/2014; GEICO Insurance served on 5/19/2014, answer due 6/9/2014; Graphic Arts Mutual Insurance Company served on 5/19/2014, answer due 6/9/2014; Kemper Independence Insurance Company served on 5/19/2014, answer due 6/9/2014; Liberty Mutual Group served on 5/19/2014, answer due 6/9/2014; Liberty Mutual Insurance Company served on 5/19/2014, answer due 6/9/2014; Metropolitan Group Property and Casualty Insurance Company served on 5/19/2014, answer due 6/9/2014; Metropolitan Property and Casualty Insurance Company served on 5/19/2014, answer due 6/9/2014; Nationwide General Insurance Company served on 5/19/2014, answer due 6/9/2014; Nationwide Mutual Insurance Company served on 5/19/2014, answer due 6/9/2014; Nationwide Mutual Insurance Intercompany Pool, Nationwide served on 5/19/2014, answer due 6/9/2014; New York Central Mutual Fire Insurance Company served on 5/19/2014, answer due 6/9/2014; Preferred Mutual Insurance Company served on 5/19/2014, answer due 6/9/2014; Progressive Insurance Company served on 5/19/2014, answer due 6/9/2014; Republic-Franklin Insurance Company served on 5/19/2014, answer due 6/9/2014; State Farm Mutual Automobile Insurance Company served on 5/19/2014, answer due 6/9/2014; Travelers Insurance Group Holding, Inc. served on 5/19/2014, answer due 6/9/2014; Travelers Property Casualty Corporation served on 5/19/2014, answer due 6/9/2014; Truck Insurance Exchange served on 5/19/2014, answer due 6/9/2014; Utica Mutual Insurance Company served on 5/19/2014, answer due 6/9/2014; Utica National Assurance Company served on 5/19/2014, answer due 6/9/2014; Utica National Insurance Company of Ohio served on 5/19/2014, answer due 6/9/2014; Utica National Insurance Company of Texas served on 5/19/2014, answer due 6/9/2014; Utica National Insurance Group served on 5/19/2014, answer due 6/9/2014; Zurich Insurance Group AG served on 5/19/2014, answer due 6/9/2014. (O'Connell, Timothy) |
| Filing 40 NOTICE of Appearance by Jonathan Marc Freiman on behalf of The Hartford Financial Services Group, Inc. (Freiman, Jonathan) |
| Filing 39 NOTICE of Appearance by David L. Yohai on behalf of Farmers Insurance Exchange, Fire Insurance Exchange, Foremost Insurance Group, Truck Insurance Exchange (Yohai, David) |
| Filing 38 NOTICE of Appearance by John P. Mastando, III on behalf of Farmers Insurance Exchange, Fire Insurance Exchange, Foremost Insurance Group, Truck Insurance Exchange (Mastando, John) |
| Filing 37 STIPULATION and (proposed) Order by Farmers Insurance Exchange, Fire Insurance Exchange, Foremost Insurance Group, Truck Insurance Exchange. (Keneally, Paul) |
| Filing 36 NOTICE of Appearance by Paul F. Keneally on behalf of Farmers Insurance Exchange, Fire Insurance Exchange, Foremost Insurance Group, Truck Insurance Exchange (Keneally, Paul) |
| Filing 35 NOTICE of Appearance by Lucy Scott Clippinger on behalf of Preferred Mutual Insurance Company (Clippinger, Lucy) |
| Filing 34 NOTICE of Appearance by Edward Ryan Conan on behalf of Preferred Mutual Insurance Company (Conan, Edward) |
| Filing 33 NOTICE of Appearance by Suzanne O. Galbato on behalf of Preferred Mutual Insurance Company (Galbato, Suzanne) |
| Filing 32 MOTION to appear pro hac vice by Graham W. Askew ( Filing fee $ 150 receipt number 0209-2049278.) by FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks, Fedex Custom Critical. (Attachments: #1 Admission Petition Form, #2 Sponsoring Affidavit of Susan C. Roney, #3 Attorney's Oath, #4 Civility Principles Oath, #5 Attorney Database Form, #6 Attorney CM/ECF Registration Form, #7 Certificate of Service)(Roney, Susan) |
| Filing 31 SUMMONS Returned Executed by United States of America. FedEx Corporation served on 5/19/2014, answer due 6/9/2014; FedEx Express served on 5/19/2014, answer due 6/9/2014; FedEx Freight served on 5/19/2014, answer due 6/9/2014; FedEx Ground served on 5/19/2014, answer due 6/9/2014; FedEx Office served on 5/19/2014, answer due 6/9/2014; FedEx Services served on 5/19/2014, answer due 6/9/2014; FedEx Supply Chain Solutions served on 5/19/2014, answer due 6/9/2014; FedEx Trade Newtorks served on 5/19/2014, answer due 6/9/2014; Fedex Custom Critical served on 5/19/2014, answer due 6/9/2014; GMAC Insurance served on 5/19/2014, answer due 6/9/2014; Nationwide Corporation served on 5/19/2014, answer due 6/9/2014; The Hartford Financial Services Group, Inc. served on 5/19/2014, answer due 6/9/2014; The Travelers Companies, Inc. served on 5/19/2014, answer due 6/9/2014. (O'Connell, Timothy) |
| Filing 30 SUMMONS Returned Executed by United States of America. Allstate Corporation served on 5/19/2014, answer due 6/9/2014; Berkshire Hathaway, Inc. served on 5/19/2014, answer due 6/9/2014; Daimler Chrysler Insurance Company served on 5/19/2014, answer due 6/9/2014; Erie Indemnity Company served on 5/19/2014, answer due 6/9/2014; Erie Insurance Exchange, Inc. served on 5/19/2014, answer due 6/9/2014; Farmers Insurance Group Companies served on 5/19/2014, answer due 6/9/2014; Farmers Underwriters Association served on 5/19/2014, answer due 6/9/2014; Founders Insurance Company served on 5/19/2014, answer due 6/9/2014; Founders Insurance Company of Michigan served on 5/19/2014, answer due 6/9/2014; J.B. Hunt Transport Services, Inc. served on 5/19/2014, answer due 6/9/2014; Kemper Corporation served on 5/19/2014, answer due 6/9/2014; Liberty Mutual Holding Company, Inc. served on 5/19/2014, answer due 6/9/2014; Maiden Holding LTD served on 5/19/2014, answer due 6/9/2014; Nationwide Financial Services, Inc. served on 5/19/2014, answer due 6/9/2014; Prudential Financial, Inc. served on 5/19/2014, answer due 6/9/2014; The Progressive Corporation served on 5/19/2014, answer due 6/9/2014; U-Haul International served on 5/19/2014, answer due 6/9/2014; Utica Lloyd's of Texas served on 5/19/2014, answer due 6/9/2014; Utica Specialty Risk Insurance Company served on 5/19/2014, answer due 6/9/2014; Zurich Financial Services AG served on 5/19/2014, answer due 6/9/2014; Zurich North America served on 5/19/2014, answer due 6/9/2014; Nationwide served on 5/19/2014, answer due 6/9/2014. (O'Connell, Timothy) |
| Filing 29 STIPULATION re #21 Amended Complaint,,,,,,,,,, (Stipulation and Order Extending Time to Respond to Amended Complaint) by FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks, Fedex Custom Critical. (Roney, Susan) |
| Filing 28 TEXT ORDER. IT HEREBY IS ORDERED THAT, the #26 #27 Motions for Pro Hac Vice Admission of Richard C. Saxton, Esq. and John W. Campbell, Esq., are GRANTED. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 5/29/2014. (CMD) |
| Filing 27 MOTION to appear pro hac vice by John W. Campbell ( Filing fee $ 150 receipt number 0209-2035534.) by FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks, Fedex Custom Critical. (Attachments: #1 Admission Petition Form, #2 Sponsoring Affidavit of Susan C. Roney, #3 Attorney's Oath, #4 Civility Principles Oath, #5 Attorney Database Form, #6 Attorney CM/ECF Registration Form, #7 Certificate of Service)(Roney, Susan) |
| Filing 26 MOTION to appear pro hac vice by Richard C. Saxton ( Filing fee $ 150 receipt number 0209-2035514.) by FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks, Fedex Custom Critical. (Attachments: #1 Admission Petition Form, #2 Sponsoring Affidavit of Susan C. Roney, #3 Attorney's Oath, #4 Civility Principles Oath, #5 Attorney Database Form, #6 Attorney CM/ECF Registration Form, #7 Certificate of Service)(Roney, Susan) |
| Filing 25 NOTICE of Appearance by Susan C. Roney on behalf of FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks, Fedex Custom Critical (Attachments: #1 Certificate of Service)(Roney, Susan) |
| Summons Issued as to AIG, Allstate Corporation, Allstate Insurance Company, Berkshire Hathaway, Inc., Daimler Chrysler Insurance Company, Erie Indemnity Company, Erie Insurance Company, Erie Insurance Company of New York, Erie Insurance Exchange, Inc., Farmers Insurance Exchange, Farmers Insurance Group Companies, Farmers Underwriters Association, FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks, Fedex Custom Critical, Fire Insurance Exchange, Foremost Insurance Group, Founders Insurance Company, Founders Insurance Company of Michigan, GEICO Insurance, GMAC Insurance, Graphic Arts Mutual Insurance Company, J.B. Hunt Transport Services, Inc., Kemper Corporation, Kemper Independence Insurance Company, Liberty Mutual Group, Liberty Mutual Holding Company, Inc., Liberty Mutual Insurance Company, Maiden Holding LTD, Metropolitan Group Property and Casualty Insurance Company, Metropolitan Property and Casualty Insurance Company, Nationwide Corporation, Nationwide Financial Services, Inc., Nationwide General Insurance Company, Nationwide Mutual Insurance Company, Nationwide Mutual Insurance Intercompany Pool, Nationwide, New York Central Mutual Fire Insurance Company, Preferred Mutual Insurance Company, Progressive Insurance Company, Prudential Financial, Inc., Republic-Franklin Insurance Company, State Farm Mutual Automobile Insurance Company, The Hartford Financial Services Group, Inc., The Progressive Corporation, The Prudential Insurance Company of America, The Travelers Companies, Inc., Travelers Insurance Group Holding, Inc., Travelers Property Casualty Corporation, Truck Insurance Exchange, U-Haul International, Utica Lloyd's of Texas, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Company of Ohio, Utica National Insurance Company of Texas, Utica National Insurance Group, Utica Specialty Risk Insurance Company, Zurich Financial Services AG, Zurich Insurance Group AG, Zurich North America. (DZ) |
| Filing 24 CERTIFICATE OF SERVICE by United States of America re #21 Amended Complaint,,,,,,,,,, on Zurich American Ins Co (O'Connell, Timothy) |
| Filing 23 CERTIFICATE OF SERVICE by United States of America re #21 Amended Complaint,,,,,,,,,, on FedEx defendants (O'Connell, Timothy) |
| Filing 22 CERTIFICATE OF SERVICE by United States of America re #21 Amended Complaint,,,,,,,,,, (O'Connell, Timothy) |
| Filing 21 AMENDED COMPLAINT against AIG, Allstate Corporation, Allstate Insurance Company, Berkshire Hathaway, Inc., Daimler Chrysler Insurance Company, Erie Indemnity Company, Erie Insurance Company of New York Erie Insurance Company, Erie Insurance Exchange, Inc., Farmers Insurance Exchange, Farmers Insurance Group Companies, Farmers Underwriters Association, FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks, Fedex Custom Critical, Fire Insurance Exchange, Foremost Insurance Group, Founders Insurance Company, Founders Insurance Company of Michigan, GEICO Insurance, GMAC Insurance, Graphic Arts Mutual Insurance Company, J.B. Hunt Transport Services, Inc., Kemper Corporation, Kemper Independence Insurance Company, Liberty Mutual Group, Liberty Mutual Holding Company, Inc., Liberty Mutual Insurance Company, Maiden Holding LTD, Metropolitan Group Property and Casualty Insurance Company, Metropolitan Property and Casualty Insurance Company, Nationwide Corporation, Nationwide Financial Services, Inc., Nationwide General Insurance Company, Nationwide Mutual Insurance Company, Nationwide Mutual Insurance Intercompany Pool, Nationwide, New York Central Mutual Fire Insurance Company, Preferred Mutual Insurance Company, Progressive Insurance Company, Prudential Financial, Inc., Republic-Franklin Insurance Company, State Farm Mutual Automobile Insurance Company, The Hartford Financial Services Group, Inc., The Progressive Corporation, The Prudential Insurance Company of America, The Travelers Companies, Inc., Travelers Insurance Group Holding, Inc., Travelers Property Casualty Corporation, Truck Insurance Exchange, U-Haul International, Utica Lloyd's of Texas, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Company of Ohio, Utica National Insurance Company of Texas, Utica National Insurance Group, Utica Specialty Risk Insurance Company, Zurich Financial Services, Zurich Insurance Group AG, Zurich North America, filed by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD)(O'Connell, Timothy) |
| Filing 20 TEXT ORDER IT HEREBY IS ORDERED THAT, the Relator's #18 Motion to Discontinue claims and causes of action against several previously named Defendants is GRANTED. FURTHER, the Clerk of the Court is DIRECTED to terminate the following Defendants: Tower Group Companies and its subsidiaries, - Specialty Underwriters Alliance, Inc. and CastlePoint National Insurance Company, Medical Liability Mutual Insurance Company, New York State Insurance Reciprocal and Heartland Express, Inc. SO ORDERED. Issued by William M. Skretny, Chief Judge on 4/10/2014. (MEAL) - CLERK TO FOLLOW UP - |
| Filing 19 NOTICE by United States of America re #18 MOTION to Dismiss /Discontinue Claims and Causes of Action (Consent of the United States Regarding Relator's Request to Discontinue Some Claims and Causes of Action (Dkt. 18) (Wylegala, Gretchen) |
| Filing 18 MOTION to Dismiss /Discontinue Claims and Causes of Action by United States of America.(O'Connell, Timothy) |
| Filing 17 CONSENT TO CHANGE ATTORNEYS substituting Gelber & O'Connell, LLC and Peter M. Jasen, PC as attorneys of record for J. Michael Hayes, as Relator in this action in place and stead of Berg & Androphy. (DZ) |
|
Filing 16
ORDER directing that the complaint be unsealed and served upon defendants by the relator. All other contents of the Court's file in this action remain under seal except for this Order and The Government's Notice of Election to Decline Intervention. Further, the seal be lifted as to all other matters occurring in this action after the date of this Order. Signed by Hon. William M. Skretny on 3/20/14. (DZ)
|
| Filing 15 NOTICE by United States of America to decline intervention (DZ) |
| Filing 1 COMPLAINT against AIG, Allstate Corporation, Allstate Insurance Company, Berkshire Hathaway, Inc., CastlePoint National Insurance Company, Daimler Chrysler Insurance Company, Erie Indemnity Company, Erie Insurance Company of New York Erie Insurance Company, Erie Insurance Exchange, Inc., Farmers Insurance Exchange, Farmers Insurance Group Companies, Farmers Underwriters Association, FedEx Corporation, FedEx Express, FedEx Freight, FedEx Ground, FedEx Office, FedEx Services, FedEx Supply Chain Solutions, FedEx Trade Newtorks, Fedex Custom Critical, Fire Insurance Exchange, Foremost Insurance Group, Founders Insurance Company, Founders Insurance Company of Michigan, GEICO Insurance, GMAC Insurance, Graphic Arts Mutual Insurance Company, Heartland Express, Inc., J.B. Hunt Transport Services, Inc., Kemper Corporation, Kemper Independence Insurance Company, Liberty Mutual Group, Liberty Mutual Holding Company, Inc., Liberty Mutual Insurance Company, Maiden Holding LTD, Medical Liability Mutual Insurance Company, Metropolitan Group Property and Casualty Insurance Company, Metropolitan Property and Casualty Insurance Company, Nationwide Corporation, Nationwide Financial Services, Inc., Nationwide General Insurance Company, Nationwide Mutual Insurance Company, Nationwide Mutual Insurance Intercompany Pool, Nationwide, New York Central Mutual Fire Insurance Company, New York State Insurance Reciprocal, Preferred Mutual Insurance Company, Progressive Insurance Company, Prudential Financial, Inc., Republic-Franklin Insurance Company, Specialty Underwriters Alliance, Inc., State Farm Mutual Automobile Insurance Company, The Hartford Financial Services Group, Inc., The Progressive Corporation, The Prudential Insurance Company of America, The Travelers Companies, Inc., Tower Group Companies, Travelers Insurance Group Holding, Inc., Travelers Property Casualty Corporation, Truck Insurance Exchange, U-Haul International, Utica Lloyd's of Texas, Utica Mutual Insurance Company, Utica National Assurance Company, Utica National Insurance Company of Ohio, Utica National Insurance Company of Texas, Utica National Insurance Group, Utica Specialty Risk Insurance Company, Zurich Financial Services, Zurich Insurance Group AG, Zurich North America, filed by United States of America. (Attachments: #1 Exhibits)(DZ) |
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