Reliance Insurance Company et al v. Keybank U.S.A., National Association et al
Plaintiff: Reliance Insurance Company
Defendant: Keybank U.S.A., National Association
Petitioner: Mr. Todd B. Friesner, Hartford Specialty Company, Glenn R. Fischer and Stephen J. Suhey
3Rd Party Defendant: Tri-Arc Financial Services, Inc.
Counter Defendant: Swiss Reinsurance America Corporation and North American Specialty Insurance Company
Counter Claimant: Keybank USA, National Association
Case Number: 1:2001cv00062
Filed: January 8, 2001
Court: US District Court for the Northern District of Ohio
Presiding Judge: Patricia A Gaughan
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 26, 2007. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2007 Opinion or Order Filing 718 Stipulation & Order: It is hereby STIPULATED AND AGREED, between and among, KeyBank National Association (successor in interest via merger to KeyBank USA, National Association) ("KeyBank"), Swiss Reinsurance America Corporation and North American Specialty Insurance Company (collectively "Swiss Re"), and Reliance Insurance Company (in liquidation) ("Reliance"), by and through their undersigned counsel, that this Action, including but not limited to all counterclaims by KeyBank against Swiss Re, is hereby dismissed in its entirety with prejudice. Each party shall bear its own costs and attorneys fees. Signed by Judge Patricia A. Gaughan on 2/23/07. (Related Doc. #717 ) (LC,S)
February 22, 2007 Filing 717 Proposed Stipulation and Order of Dismissal filed by Reliance Insurance Company. (Kehoe, Robert)
February 21, 2007 Opinion or Order Filing 716 Stipulation and Order of Case Dismissal: It is hereby STIPULATED AND AGREED, between and among, KeyBank National Association (successor in interest via merger to KeyBank USA, National Association) ("KeyBank"), Swiss Reinsurance America Corporation and North American Specialty Insurance Company (collectively "Swiss Re"), by and through their undersigned counsel, that this Action, including but not limited to all counterclaims by KeyBank against Swiss Re, is hereby dismissed in its entirety with prejudice. Each party shall bear its own costs and attorneys fees. Signed by Judge Patricia A. Gaughan on 2/20/07. (LC,S) (Related Doc. #715 )
February 20, 2007 Filing 715 Proposed Stipulation and Order of Dismissal filed by Keybank U.S.A., National Association, Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Warren, Daniel)
January 24, 2007 Referral to Judge Hemann Terminated. Entered on 1/24/2007. (W,G) Modified on 1/24/2007 (W, G).
January 24, 2007 Minutes of proceedings [non-document].Settlement Conference before Judge Patricia A. Hemann. Case cannot settle. Present attorneys Barry R. Ostrager, Arthur Kaufmann, Daniel R. Warren. (5 hrs) (Court Reporter None.) (W,G)
January 4, 2007 Opinion or Order Order [non-document]: Joint Motion for Order Permitting Parties' Exchange Of Supplemental Expert Reports And Approving Schedule Therefor is granted. Approved by Judge Patricia A. Gaughan on 1/4/07. (Related Doc #714 )(L-C, S)
January 3, 2007 Filing 714 Joint Motion for Order Permitting Parties' Exchange Of Supplemental Expert Reports And Approving Schedule Therefor filed by Keybank U.S.A., National Association, Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Lucchesi, Thomas)
December 26, 2006 Opinion or Order Filing 713 Order. Settlement Conference set for 1/19/2007 09:30 AM in Chambers 11B before Magistrate Judge Patricia A. Hemann. Signed by Judge Patricia A. Hemann on 12/26/2006. (W, Gloria)
December 20, 2006 Opinion or Order Filing 712 Trial Order. Signed by Judge Patricia A. Gaughan on 12/20/06. (L-C, S)
December 20, 2006 Opinion or Order Filing 711 Order: A trial on all remaining issues in this case is hereby set on April 23, 2007 at 9:30 a.m. A final pretrial is set on March 19, 2007 at 9:00 a.m. In addition, a settlement conference is scheduled before Magistrate Judge Patricia Hemann on January 19, 2007 at 9:30 a.m. Party representatives possessing sufficient settlement authority to resolve a case of this magnitude must be present in person. Signed by Judge Patricia A. Gaughan on 12/20/06. (L-C, S)
December 20, 2006 Opinion or Order Filing 710 Order: Key's Motion for Reconsideration On The Issue Of Lease Extensions #699 is DENIED. Signed by Judge Patricia A. Gaughan on 12/20/06.(L-C, S)
December 20, 2006 Opinion or Order Order [non-document]: Motion for appearance pro hac vice by attorney Michael J. Garvey for North American Specialty Insurance Company, Swiss Reinsurance America Corporation is granted. Approved by Judge Patricia A. Gaughan on 12/20/06. (Related Doc #705 )(L-C, S)
December 20, 2006 Opinion or Order Order [non-document]: Motion for appearance pro hac vice by attorney David Elbaum for North American Specialty Insurance Company, Swiss Reinsurance America Corporation is granted. Approved by Judge Patricia A. Gaughan on 12/20/06. (Related Doc #706 )(L-C, S)
December 20, 2006 Opinion or Order Order [non-document]: Motion for appearance pro hac vice by attorney Mary Kay Vyskocil for North American Specialty Insurance Company, Swiss Reinsurance America Corporation is granted. Approved by Judge Patricia A. Gaughan on 12/20/06. (Related Doc #707 )(L-C, S)
December 20, 2006 Opinion or Order Order [non-document]: Motion for appearance pro hac vice by attorney Barry R. Ostrager for North American Specialty Insurance Company, Swiss Reinsurance America Corporation is granted. Approved by Judge Patricia A. Gaughan on 12/20/06. (Related Doc #704 )(L-C, S)
December 19, 2006 Filing 709 Letter to Honorable Patricia A. Gaughan filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. Related document(s) #703 , #708 , #702 . (Attachments: #1 Letter)(Kaufman, Arthur)
December 18, 2006 Filing 708 Letter to the Honorable Patricia A. Gaughan filed by Keybank U.S.A., National Association. Related document(s) #702 . (Warren, Daniel)
December 15, 2006 Filing 707 Motion for attorney David Elbaum to Appear Pro Hac Vice Filing fee 100, receipt number 2257387. filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Attachments: #1 Affidavit of David Elbaum)(Kaufman, Arthur)
December 15, 2006 Filing 706 Motion for attorney Mary Kay Vyskocil to Appear Pro Hac Vice Filing fee 100, receipt number 2257317. filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Attachments: #1 Affidavit of Mary Kay Vyskocil)(Kaufman, Arthur)
December 15, 2006 Filing 705 Motion for attorney Michael J. Garvey to Appear Pro Hac Vice Filing fee 100, receipt number 2257296. filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Attachments: #1 Affidavit of Michael J. Garvey)(Kaufman, Arthur)
December 15, 2006 Filing 704 Motion for attorney Barry R. Ostrager to Appear Pro Hac Vice Filing fee 100, receipt number 2257268. filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Attachments: #1 Affidavit of Barry R. Ostrager)(Kaufman, Arthur)
December 15, 2006 Filing 703 Motion to substitute attorney Barry R. Ostrager and May Kay Vyskocil in place of attorney Allen G. Reiter filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Kaufman, Arthur)
December 15, 2006 Filing 702 Letter to The Honorable Patricia A. Gaughan filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Kaufman, Arthur)
November 15, 2006 Filing 701 Reply to response to Motion for reconsideration On The Issue Of Lease Extensions filed by Keybank U.S.A., National Association. Related document(s) #699 . (Warren, Daniel)
November 2, 2006 Filing 700 Opposition to Motion for reconsideration On The Issue Of Lease Extensions filed by Swiss Reinsurance America Corporation. Related document(s) #699 . (Ashinoff, Reid)
October 16, 2006 Filing 699 Motion for reconsideration On The Issue Of Lease Extensions filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit A)(Warren, Daniel)
September 29, 2006 Opinion or Order Filing 698 Order: This matter is before the Court upon Swiss Re's Motion for Partial Summary Judgment (Doc. #626 ). Also pending is Key's Second Motion for Partial Summary Judgment (Doc. #630 ). Key's motion is GRANTED in PART and DENIED in PART. Swiss Re's motion is also GRANTED in PART and DENIED in PART. Given the length of this opinion and the highly contentious nature of this litigation, the Court asks counsel to resist the urge to file motions for reconsideration simply for purposes of rearguing the issues presented. Signed by Judge Patricia A. Gaughan on 9/29/06. (L-C, S)
September 29, 2006 Opinion or Order Order [non-document]: KeyBank's Motion to strike The "Liability" Portions Of Swiss Re's Motion For Partial Summary Judgment And Related Testimony is Granted. (Related Doc #668 )Approved by Judge Patricia A. Gaughan on 9/29/06.(L-C, S)
September 29, 2006 Opinion or Order Order [non-document]: KeyBank's Motion to strike Swiss Re's Motion for Summary Judgment With Respect To Its Liability For The REINS-1 Endorsement and 4019 Policy is MOOT. (Related Doc #654 )Approved by Judge Patricia A. Gaughan on 9/29/06.(L-C, S)
September 29, 2006 Opinion or Order Order [non-document]: Swiss Re's Motion for Sanctions Based Upon Key's Destruction Of Evidence And Related Conduct is DENIED for failure to comply with Fed. Rule of Evid. 7(b)(1). (Related Doc #670 )Approved by Judge Patricia A. Gaughan on 9/29/06.(L-C, S)
September 29, 2006 Opinion or Order Order [non-document]: KeyBank's Motion to Strike Swiss Re's Motion For Sanctions And To Stay Briefing On The Merits is MOOT. (Related Doc #680 )Approved by Judge Patricia A. Gaughan on 9/29/06.(L-C, S)
September 29, 2006 Opinion or Order Order [non-document]: KeyBank's Motion for leave To File, Instanter, Surreply In Opposition To Swiss Re's Second Motion For Partial Summary Judgment is DENIED. (Related Doc #691 )Approved by Judge Patricia A. Gaughan on 9/29/06.(L-C, S)
June 13, 2006 Filing 697 Exhibits to reply in support of motion to strike Swiss' motion for sanctions and to stay briefing on the merits filed by Keybank U.S.A., National Association. Related document(s) #695 , #696 . (C, K A) (Complete document on file in clerk's office) Modified on 6/16/2006 (B, T).
June 13, 2006 Filing 696 Notice of Manual Filing of Exhibits in connection with Key's Reply Brief in Support of Its Motion to Strike Swiss Re's Motion for Sanctions and to Stay Briefing on the Merits filed by Keybank U.S.A., National Association. Related document(s) #695 . (Colombo, Louis)
June 12, 2006 Filing 695 Reply to response to Motion to strike Swiss Re's Motion For Sanctions And To Stay Briefing On The Merits filed by Keybank U.S.A., National Association. Related document(s) #680 . (Colombo, Louis)
June 9, 2006 Filing 694 Exhibit 997 to addendum of exhibits to opposition to Swiss' motion for partial summary judgment and in support of Key's motion to strike filed by Keybank U.S.A., National Association. Related document(s) #693 . (C, K A)
June 8, 2006 Filing 693 Notice of Manual Filing of corrected Tab R (Deposition Exhibit 997) to Key's Addendum of Exhibits filed in connection with Key's Brief in Opposition to Swiss Re's Motion for Partial Summary Judgment and in Support of Key's Motion to Strike filed by Keybank U.S.A., National Association. Related document(s) #655 , #654 . (Warren, Daniel)
June 5, 2006 Filing 692 Opposition to Motion for leave To File, Instanter, Surreply In Opposition To Swiss Re's Second Motion For Partial Summary Judgment filed by Swiss Reinsurance America Corporation. Related document(s) #691 . (Attachments: #1 Exhibit 1 (Swiss Re's Surreply In Further Opposition To Key's Second Motion For Partial Summary Judgment On Swiss Re's Void For Fraud Defense))(Ashinoff, Reid)
June 2, 2006 Filing 691 Motion for leave To File, Instanter, Surreply In Opposition To Swiss Re's Second Motion For Partial Summary Judgment filed by Keybank U.S.A., National Association. Related document(s) #679 . (Attachments: #1 Surreply Brief#2 Surreply Brief Tab A)(Warren, Daniel)
May 30, 2006 Filing 690 Reply to response to Motion for sanctions Based Upon Key's Destruction Of Evidence And Related Conduct And Opposition To Key's Motion To Strike filed by Swiss Reinsurance America Corporation. Related document(s) #670 . (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Appendix Of Unreported Cases)(Ashinoff, Reid)
May 30, 2006 Filing 689 Reply to response to Motion to strike The "Liability" Portions Of Swiss Re's Motion For Partial Summary Judgment And Related Testimony filed by Keybank U.S.A., National Association. Related document(s) #668 . (Attachments: #1 Tab A#2 Tab B)(Warren, Daniel)
May 16, 2006 Filing 688 Addendum of Exhibits (Volume III) to Reply Brief in support of Keybank U.S.A., National Association's second motion for partial summary judgment (Complete document on file in the Clerk's Office, approximately 300 pages) filed by Keybank U.S.A., National Association. Related document(s) #681 , #682 . (C, B) Modified text on 5/18/2006 (C, B).
May 16, 2006 Filing 687 Addendum of Exhibits (Volume II, R through LL) to Reply Brief in support of Keybank U.S.A., National Association's second motion for partial summary judgment (Complete document on file in the Clerk's Office, approximately 300 pages) filed by Keybank U.S.A., National Association. Related document(s) #681 , #682 . (C, B) Modified text on 5/18/2006 (C, B).
May 16, 2006 Filing 686 Addendum of Exhibits (Volume I, A through Q) to Reply Brief in support of Keybank U.S.A., National Association's second motion for partial summary judgment (Complete document on file in the Clerk's Office, aproximately 100 pages) filed by Keybank U.S.A., National Association. Related document(s) #681 , #682 . (C, B) Modified text on 5/18/2006 (C, B).
May 16, 2006 Filing 685 Appendix of Unreported Cases cited in Swiss Reliance Insurance Company's Reply Memorandum of law in further support of its motion for partial summary judgment (Complete document on file in the Clerk's Office, 101 pages) filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. Related document(s) #679 , #683 . (C, B)
May 16, 2006 Filing 684 Addendum of Exhibits (186 through 203) to Swiss Reliance Insurance Company's Reply memorandum of Law in further support of its motion for partial summary judgment (Complete document on file in the Clerk's Office, 163 pages) filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. Related document(s) #683 , #679 . (C, B) Modified number of pages, on 5/18/2006 (C, B).
May 16, 2006 Filing 683 Notice of manual filing of addendum exhibits and appendix of unreported cases in connection with swiss re's reply memorandum of law in further support of its motion for partial summary judgment filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Kaufman, Arthur)
May 16, 2006 Filing 682 Notice of Manual Filing of Addendum of Exhibits (Volumes I-III) in connection with Key's Reply Brief in Support of Its Second Motion for Partial Summary Judgment filed by Keybank U.S.A., National Association. Related document(s) #681 . (Warren, Daniel) Modified on 5/18/2006 (B, T).
May 15, 2006 Filing 681 Reply to response to Motion for partial summary judgment filed by Keybank U.S.A., National Association. Related document(s) #630 . (Warren, Daniel)
May 15, 2006 Filing 680 Motion to strike Swiss Re's Motion For Sanctions And To Stay Briefing On The Merits filed by Keybank U.S.A., National Association. Related document(s) #670 . (Attachments: #1 Brief in Support #2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D)(Colombo, Louis)
May 15, 2006 Filing 679 Reply to response to Motion for partial summary judgment filed by Swiss Reinsurance America Corporation. Related document(s) #626 . (Ashinoff, Reid)
May 15, 2006 Opinion or Order Order [non-document]: Swiss Re's Motion for leave To File Reply Brief In Support Of Its Motion For Partial Summary Judgment is granted. Approved by Judge Patricia A. Gaughan on 5/12/06. (Related Doc #678 ) (L-C, S)
May 12, 2006 Opinion or Order Order [non-document]: Key's Motion for leave To File Reply Brief In Support Of Its Second Motion For Partial Summary Judgment In Excess Of Page Limit is granted. Approved by Judge Patricia A. Gaughan on 5/11/06. (Related Doc #677 ) (L-C, S) Modified on 5/12/2006 (B, T).
May 11, 2006 Filing 678 Motion for leave To File Reply Brief In Support Of Swiss Re's Motion For Partial Summary Judgment filed by Swiss Reinsurance America Corporation. (Ashinoff, Reid)
May 10, 2006 Filing 677 Motion for leave To File Reply Brief In Support Of Its Second Motion For Partial Summary Judgment In Excess Of Page Limit filed by Keybank U.S.A., National Association. (Warren, Daniel)
April 28, 2006 Filing 676 Exhibits to its opposition to Key's 2nd motion for partial summary judgment filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. Related document(s) #671 . Complete document on file in Clerk's Office.(C, K A)
April 28, 2006 Filing 675 Addendum of Exhibits (volumes 1-3) in support of its motion for sanctions filed by Swiss Reinsurance America Corporation. Related document(s) #670 . Complete document(s) on file in Clerk's Office.(C, K A)
April 28, 2006 Filing 674 Addendum of Exhibits (volumes I thru VI) to Key's opposition to Swiss Re's motion for partial summary judgemnt and in support of Key's motion to strike filed by Keybank U.S.A., National Association. Related document(s) #668 , #669 and #672 . Complete document(s) on file in Clerk's Office.(C, K A)
April 28, 2006 Filing 673 Addendum of Exhibits (Volume VII) to its opposition to Swiss Re's motion for partial summary judgment and in support of Key's motion to strike filed by Keybank U.S.A., National Association. Related document(s) #167 , #668 and #669 . Filed Under Seal.(C, K A)
April 28, 2006 Filing 672 Notice of Manual Filing of Exhibits, Unreported Cases, in support of Key's Brief in Opposition to Swiss Re's Motion for Partial Summary Judgment and in Support of Key's Motion to Strike filed by Keybank U.S.A., National Association. Related document(s) #669 , #668 . (Warren, Daniel) Modified text 5/1/2006 (C, K A).
April 27, 2006 Filing 671 Opposition to Motion for partial summary judgment filed by Swiss Reinsurance America Corporation. Related document(s) #630 . (Ashinoff, Reid)
April 27, 2006 Filing 670 Motion for sanctions Based Upon Key's Destruction Of Evidence And Related Conduct filed by Swiss Reinsurance America Corporation. (Attachments: #1 Brief in Support)(Ashinoff, Reid)
April 27, 2006 Filing 669 Opposition to Motion for partial summary judgment and Brief In Support Of Key's Motion To Strike filed by Keybank U.S.A., National Association. Related document(s) #626 and #668 . (Warren, Daniel) Modified on 5/1/2006 (B, T).
April 27, 2006 Filing 668 Motion to strike The "Liability" Portions Of Swiss Re's Motion For Partial Summary Judgment And Related Testimony filed by Keybank U.S.A., National Association. (Warren, Daniel)
April 12, 2006 Opinion or Order Filing 667 Order: Currently pending before this Court are Keybank USA, National Association's Motion for Leave to File, Instanter, Its Brief in Opposition to Swiss Re's Motion for Partial Summary Judgment and in Support of Key's Motion to Strike in Excess of Page Limit (Doc. #655 ) and Swiss Re's Motion for Leave to File, Instanter, Memorandum of Law In Excess of Page Limit (Doc. #653 ). The Motions are DENIED in that the page limitations sought are excessive. Because the briefs relate to dispositive motions, the Court will allow the parties to refile their briefs no later than April 27, 2006. The briefs shall not exceed 100 pages in length. Signed by Judge Patricia A. Gaughan on 4/12/06.(L-C, S)
April 7, 2006 Filing 666 Addendum of Exhibits to Key's opposition to Swiss re's motion for partial summary judgment and in support of Key's motion to strike filed by Keybank U.S.A., National Association. (Complete document, 6 volumes, on file w/Clerk's Office) Related document(s) #626 , #654 , #657 , #658 , #659 , #660 #661 #662 . (C, K A) Modified on 4/11/2006 (B, T).
April 7, 2006 Filing 665 Unreported cases cited in Swiss Re's opposition to Keybank's 2nd motion for partial summary judgment filed by Swiss Reinsurance America Corporation. Related document(s) #655 , #656 . Complete document (4 volumes) on file in Clerk's Office.(C, K A)
April 7, 2006 Filing 664 Addendum of Exhibits to opposition to Swiss Re's motion for partial summary judgment and in support of Key's motion to strike filed by Keybank U.S.A., National Association. Related document(s) #167 , #654 , #655 . Filed Under Seal. (C, K A)
April 7, 2006 Filing 663 Notice of Manual Filing of documents under seal as a separate Volume of the Addendum of the Exhibits in connection with Key's Brief in Opposition to Swiss Re's Motion for Partial Summary Judgment and in Support of Key's Motion to Strike filed by Keybank U.S.A., National Association. Related document(s) #655 , #654 . (Warren, Daniel)
April 7, 2006 Filing 662 Notice of Manual Filing of Volume VI of the Addendum of the Exhibits in connection with Key's Brief in Opposition to Swiss Re's Motion for Partial Summary Judgment and in Support of Key's Motion to Strike filed by Keybank U.S.A., National Association. Related document(s) #655 , #654 . (Warren, Daniel)
April 7, 2006 Filing 661 Notice of Manual Filing of Volume V of the Addendum of the Exhibits in connection with Key's Brief in Opposition to Swiss Re's Motion for Partial Summary Judgment and in Support of Key's Motion to Strike filed by Keybank U.S.A., National Association. Related document(s) #655 , #654 . (Warren, Daniel)
April 7, 2006 Filing 660 Notice of Manual Filing of Volume IV of the Addendum of the Exhibits in connection with Key's Brief in Opposition to Swiss Re's Motion for Partial Summary Judgment and in Support of Key's Motion to Strike filed by Keybank U.S.A., National Association. Related document(s) #655 , #654 . (Warren, Daniel)
April 7, 2006 Filing 659 Notice of Manual Filing of Volume III of the Addendum of the Exhibits in connection with Key's Brief in Opposition to Swiss Re's Motion for Partial Summary Judgment and in Support of Key's Motion to Strike filed by Keybank U.S.A., National Association. Related document(s) #655 , #654 . (Warren, Daniel)
April 7, 2006 Filing 658 Notice of Manual Filing of Volume II of the Addendum of the Exhibits in connection with Key's Brief in Opposition to Swiss Re's Motion for Partial Summary Judgment and in Support of Key's Motion to Strike filed by Keybank U.S.A., National Association. Related document(s) #655 , #654 . (Warren, Daniel)
April 7, 2006 Filing 657 Notice of Manual Filing of Volume I of the Addendum of the Exhibits in connection with Key's Brief in Opposition to Swiss Re's Motion for Partial Summary Judgment and in Support of Key's Motion to Strike filed by Keybank U.S.A., National Association. Related document(s) #655 , #654 . (Warren, Daniel) Modified on 4/11/2006 (B, T).
April 7, 2006 Filing 656 Notice of Manual Filing of Addendum of Exhibits in Connection with Swiss Reinsurance's Memorandum of Law in Opposition to Key Bank's Second Motion for Partial Summary Judgment filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. Related document(s) #653 . (Kaufman, Arthur)
April 6, 2006 Filing 655 Motion for leave to File, Instanter, Its Brief in Opposition to Swiss Re's Motion for Partial Summary Judgment and in Support of Key's Motion to Strike in Excess of Page Limit filed by Keybank U.S.A., National Association. Related document(s) #626 , #627 , #654 . (Attachments: #1 Brief in Opposition to Swiss Re's Motion for Partial Summary Judgment and in Support of Key's Motion to Strike)(Warren, Daniel)
April 6, 2006 Filing 654 Motion to strike Swiss Re's Motion for Summary Judgment With Respect To Its Liability For The REINS-1 Endorsement and 4019 Policy filed by Keybank U.S.A., National Association. Related document(s) #626 . (Warren, Daniel)
April 6, 2006 Filing 653 Motion for leave To File, Instanter, Memorandum Of Law In Excess Of Page Limit filed by Swiss Reinsurance America Corporation. Related document(s) #630 . (Attachments: #1 Memorandum Of Law In Opposition To KeyBank's Second Motion For Partial Summary Judgment)(Ashinoff, Reid)
April 6, 2006 Opinion or Order Filing 652 Order: Swiss Re's Motion for Leave to File, Instanter, Memorandum in Excess of Page Limit (Doc. #648 ) is DENIED. As a result, Swiss Re's Motion for Sanctions Based Upon KeyBank's Destruction Of Evidence And Related Conduct is STRICKEN in that it fails to comply with Local Rule 7.1(c). In light of these rulings, the Motion for Order To Set Briefing Schedule For Swiss Re's Motion For Sanctions And For Summary Judgment Reply Briefs is MOOT. The Court will continue with the summary judgment proceedings as scheduled. #647 , #651 Signed by Judge Patricia A. Gaughan on 4/6/06. (L-C, S)
April 4, 2006 Filing 651 Motion (Expedited) for Order To Set Briefing Schedule For Swiss Re's Motion For Sanctions And For Summary Judgment Reply Briefs filed by Swiss Reinsurance America Corporation. (Attachments: #1 Exhibit 1#2 Exhibit 1#3 Exhibit 3)(Ashinoff, Reid) Modified on 4/7/2006 (B, T).
March 31, 2006 Filing 650 Notice of Manual Filing of Exhibit 43 and Exhibit 76 filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. Related document(s) #649 . (Kaufman, Arthur)
March 30, 2006 Filing 649 Addendum of Exhibits 43 and 76 to Swiss Re's motion for sanctions based upon KeyBank's destruction of evidence filed by Swiss Reinsurance America Corporation. (Complete document on file in Clerk's office, 1 bound volume) Related document(s) #647 . (H, D)
March 30, 2006 Filing 648 Motion for leave To File, Instanter, Memorandum Of Law In Excess Of Page Limit filed by Swiss Reinsurance America Corporation. Related document(s) #647 . (Attachments: #1 Brief in Support Of Swiss Re's Motion For Sanctions Based Upon KeyBank's Destruction Of Evidence And Related Conduct#2 Exhibit 1#3 Exhibit 2#4 Exhibit 3#5 Exhibit 4#6 Exhibit 5#7 Exhibit 6#8 Exhibit 7#9 Exhibit 8#10 Exhibit 9#11 Exhibit 10#12 Exhibit 11#13 Exhibit 12#14 Exhibit 13#15 Exhibit 14#16 Exhibit 15#17 Exhibit 16#18 Exhibit 17#19 Exhibit 18#20 Exhibit 19#21 Exhibit 20#22 Exhibit 21#23 Exhibit 22#24 Exhibit 23#25 Exhibit 24#26 Exhibit 25#27 Exhibit 26#28 Exhibit 27#29 Exhibit 28#30 Exhibit 29#31 Exhibit 30#32 Exhibit 31#33 Exhibit 32#34 Exhibit 33#35 Exhibit 34#36 Exhibit 35#37 Exhibit 36#38 Exhibit 37#39 Exhibit 38#40 Exhibit 39#41 Exhibit 40#42 Exhibit 41#43 Exhibit 42#44 Exhibit 44#45 Exhibit 45#46 Exhibit 46#47 Exhibit 47#48 Exhibit 48#49 Exhibit 49#50 Exhibit 50#51 Exhibit 51#52 Exhibit 52#53 Exhibit 53#54 Exhibit 54#55 Exhibit 55#56 Exhibit 56#57 Exhibit 57#58 Exhibit 58#59 Exhibit 59#60 Exhibit 60#61 Exhibit 61#62 Exhibit 62#63 Exhibit 63#64 Exhibit 64#65 Exhibit 65#66 Exhibit 66#67 Exhibit 67#68 Exhibit 68#69 Exhibit 69#70 Exhibit 70#71 Exhibit 71#72 Exhibit 72#73 Exhibit 73#74 Exhibit 74#75 Exhibit 75#76 Exhibit 77#77 Exhibit 78)(Ashinoff, Reid)
March 30, 2006 Filing 647 Motion for sanctions Based Upon KeyBank's Destruction Of Evidence And Related Conduct filed by Swiss Reinsurance America Corporation. (Ashinoff, Reid)
March 3, 2006 Opinion or Order Filing 646 Order: Key's Motion to Compel Production of Notes Constituting Draft Expert Report is GRANTED. Signed by Judge Patricia A. Gaughan on 3/3/06.(L-C, S)(Related Doc #616 )
March 1, 2006 Opinion or Order Order (non-document): Joint Motion for extension of Time To File Briefs In Opposition To The Parties' Motions For Partial Summary Judgment is granted to April 6, 2006. Approved by Judge Patricia A. Gaughan on 3/1/06. (Related Doc. #645 ) (L-C, S)
February 28, 2006 Filing 645 Joint Motion for extension of Time To File Briefs In Opposition To The Parties' Motions For Partial Summary Judgment until April 6, 2006 filed by Keybank U.S.A., National Association, Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Warren, Daniel)
February 14, 2006 Opinion or Order Filing 644 Order: Pending before this Court is Keybank, USA, National Association's Motion to Compel Concerning Swiss Re's Destruction of Backup Tapes and Efforts to Recover Deleted Emails (Doc. #601 ). Key's motion is DENIED in that it is untimely filed. Signed by Judge Patricia A. Gaughan on 2/9/06.(L-C, S)
February 14, 2006 Opinion or Order Order (non-document): Swiss Re's Motion for leave To File, Instanter, Memorandum Of Law In Excess Of Page Limit is Granted. Approved by Judge Patricia A. Gaughan on 2/10/06. (Related Doc #627 )(L-C, S)
February 14, 2006 Opinion or Order Order (non-document): Key's Motion for leave To File, Instanter, Brief In Support Of Its Second Motion For Partial Summary Judgment In Excess Of Page Limit is granting. Approved by Judge Patricia A. Gaughan on 2/10/06.(Related Doc #631 ) (L-C, S)
February 10, 2006 Filing 643 Addendum of Exhibits to statement of undisputed facts in support of motion for partial summary judgment filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. Volume III, Complete document on file in Clerk's Office. Related document(s) #626 , #633 , #628 . (C, K A)
February 10, 2006 Filing 642 Addendum of Exhibits to statement of undiputed facts in support of motion for partial summary judgment filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. Volume II, Complete document on file in Clerk's Office. Related document(s) #626 , #628 , #633 . (C, K A)
February 10, 2006 Filing 641 Addendum of Exhibits to statment of undisputed facts in support of motion for partial summary judgment filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. Volume I, Complete document on file in Clerk's Office. Related document(s) #626 , #628 , #633 . (C, K A)
February 10, 2006 Filing 640 Addendum of Exhibit(s)(VII) in connection with brief in support of second motion for partial summary judgment filed by Keybank U.S.A., National Association. Related document(s) #630 , #632 .(Complete 1 Binder of Document on file in Clerk's Office) (E, P)
February 10, 2006 Filing 639 Addendum of Exhibit(s) (Volume IV) in connection with brief in support of second motion for partial summary judgment filed by Keybank U.S.A., National Association. Related document(s) #630 , #632 . (Complete 1 Binder of Document on file in Clerk's Office)(E, P)
February 10, 2006 Filing 638 Addendum of Exhibit(s)(Volume V) in connection with brief in support of second motion for partial summary judgment filed by Keybank U.S.A., National Association. Related document(s) #630 , #632 . (Complete 1 Binder of Document on file in Clerk's Office)(E, P)
February 10, 2006 Filing 637 Addendum of Exhibit(s)(Volume VI) in connection with brief in support of second motion for partial summary judgment filed by Keybank U.S.A., National Association. Related document(s) #630 , #632 . (Complete 1 Binder of Document on file in Clerk's Office)(E, P) Modified on 2/13/2006 (B, T).
February 10, 2006 Filing 636 Addendum of Exhibit(s) (Volume III) in connection with brief in support of second motion for partial summary judgment filed by Keybank U.S.A., National Association. Related document(s) #632 , #630 . (Complete 1 Binder of Document on file in Clerk's Office)(E, P) Modified text on 2/10/2006 (E, P).
February 10, 2006 Filing 635 Addendum of Exhibit(s)(Volume II) in connection with brief in support of second motion for partial summary judgment filed by Keybank U.S.A., National Association. Related document(s) #630 , #632 . (Complete 1 Binder of Document on file in Clerk's Office)(E, P)
February 10, 2006 Filing 634 Addendum of Exhibit(s) (Volume I) in connection with brief in support of second motion for partial judgment filed by Keybank U.S.A., National Association. Related document(s) #630 , #632 . (Complete 1 Binder of Document on file in Clerk's Office)(E, P) Modified text/remove link on 2/10/2006 (E, P).
February 10, 2006 Filing 633 Notice of Manual Filing of Addendum of Exhibits to Swiss Re's Statement of Undisputed Facts in Support of its Motion for Partial Summary Judgment filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. Related document(s) #628 . (Kaufman, Arthur)
February 10, 2006 Filing 632 Notice of Manual Filing of Addendum containing exhibits in support of brief to second Motion for Partial Summary Judgment filed by Keybank U.S.A., National Association. Related document(s) #630 , #631 . (Warren, Daniel) Modified on 2/13/2006 (B, T).
February 9, 2006 Filing 631 Motion for leave To File, Instanter, Brief In Support Of Its Second Motion For Partial Summary Judgment In Excess Of Page Limit filed by Keybank U.S.A., National Association. Related document(s) #630 . (Attachments: #1 Brief In Support Of Second Motion For Partial Summary Judgment)(Warren, Daniel)
February 9, 2006 Filing 630 Motion (second) for partial summary judgment filed by Keybank U.S.A., National Association. (Warren, Daniel) Modified on 2/10/2006 (B, T).
February 9, 2006 Filing 629 Appendix Of Unreported Cases Cited In Swiss Re's Memorandum Of Law In Support Of Its Motion For Partial Summary Judgment filed by Swiss Reinsurance America Corporation. Related document(s) #626 . (Movit, Jeffrey)
February 9, 2006 Filing 628 Statement of Facts In Support Of Swiss Re's Motion For Partial Summary Judgment filed by Swiss Reinsurance America Corporation. Related document(s) #626 . (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 9#8 Exhibit 10#9 Exhibit 11#10 Exhibit 12#11 Exhibit 13#12 Exhibit 14#13 Exhibit 15#14 Exhibit 16#15 Exhibit 18#16 Exhibit 19#17 Exhibit 20#18 Exhibit 21#19 Exhibit 22#20 Exhibit 23#21 Exhibit 25#22 Exhibit 27#23 Exhibit 28#24 Exhibit 29#25 Exhibit 30#26 Exhibit 33#27 Exhibit 34#28 Exhibit 35#29 Exhibit 36#30 Exhibit 37#31 Exhibit 38#32 Exhibit 39#33 Exhibit 40#34 Exhibit 42#35 Exhibit 43#36 Exhibit 44#37 Exhibit 45#38 Exhibit 47#39 Exhibit 48#40 Exhibit 49#41 Exhibit 50#42 Exhibit 51#43 Exhibit 52#44 Exhibit 53#45 Exhibit 54#46 Exhibit 56#47 Exhibit 57#48 Exhibit 58#49 Exhibit 60#50 Exhibit 61#51 Exhibit 62#52 Exhibit 63#53 Exhibit 64#54 Exhibit 65#55 Exhibit 66#56 Exhibit 67#57 Exhibit 68#58 Exhibit 69#59 Exhibit 70#60 Exhibit 74#61 Exhibit 75#62 Exhibit 76#63 Exhibit 77)(Movit, Jeffrey)
February 9, 2006 Filing 627 Motion for leave To File, Instanter, Memorandum Of Law In Excess Of Page Limit filed by Swiss Reinsurance America Corporation. Related document(s) #626 . (Attachments: #1 Memorandum Of Law In Support Of Swiss Re's Motion For Partial Summary Judgment)(Movit, Jeffrey)
February 9, 2006 Filing 626 Motion for partial summary judgment filed by Swiss Reinsurance America Corporation. (Movit, Jeffrey)
February 6, 2006 Filing 625 Reply to response to Motion to compel discovery Of Notes Constituting Draft Expert Report filed by Keybank U.S.A., National Association. Related document(s) #616 and #624 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Colombo, Louis) Modified on 2/9/2006 to add linkage (B, T).
January 24, 2006 Filing 624 Opposition to Motion to compel discovery Of Notes Constituting Draft Expert Report filed by Swiss Reinsurance America Corporation. Related document(s) #616 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E)(Movit, Jeffrey)
January 23, 2006 Opinion or Order Order (non-document) Swiss Re's motion to compel production of documents considered by Keybank's expert Randall McCathren is withdrawn. See document #623 (Related Doc #621 ) Entered on behalf of Judge Patricia A. Gaughan on 1/20/06. (D, Mary) Modified on 1/24/2006 (B, T).
January 18, 2006 Filing 623 Notice Of Withdrawal Of Swiss Re's Motion To Compel Production Of Documents Considered By KeyBank's Expert Randall McCathren filed by Swiss Reinsurance America Corporation. Related document(s) #621 . (Movit, Jeffrey)
January 17, 2006 Opinion or Order Order: Swiss Reinsurance America Corporation's unopposed motion for extension of time to respond to Keybank's motion to compel is granted to 1/24/06, #622 . Signed by Judge Patricia A. Gaughan on 1/13/06.(D, Mary) Modified on 1/18/2006 (B, T).
January 13, 2006 Filing 622 Unopposed Motion for extension of time to respond to KeyBank's motion to compel until 01/24/06 filed by Swiss Reinsurance America Corporation. Related document(s) #616 . (Movit, Jeffrey)
January 10, 2006 Filing 621 Motion to compel discovery of documents considered by KeyBank's expert Randall McCathren filed by Swiss Reinsurance America Corporation. (Attachments: #1 Brief in Support #2 Exhibit A#3 Exhibit B#4 Exhibit C)(Movit, Jeffrey)
January 9, 2006 Filing 620 Notice of failure to file electronically, pursuant to Local Rule 5.1(c). Non-compliant document: #619 Addendum of exhibits to reply brief in support of motion to compel re: backup tapes and deleted emails filed by Keybank U.S.A., National Association. (C, K A)
January 9, 2006 Filing 619 Addendum of exhibits to reply brief in support of motion to compel re: backup tapes and deleted emails filed by Keybank U.S.A., National Association. Related document(s) #617 , #618 . (Attachments: #1 Exhibit X#2 Exhibit Y#3 Exhibit Z#4 Exhibit AA#5 Exhibit BB#6 Exhibit CC#7 Exhibit DD)(C, K A)
January 9, 2006 Filing 618 Notice Of Manual Filing of Addendum of Exhibits X-DD in connection with Reply Brief in Support of Key's Motion to Compel Concerning Swiss Re's Destruction of Backup Tapes and efforts to recover deleted emails filed by Keybank U.S.A., National Association. Related document(s) #617 . (Colombo, Louis) Modified on 1/12/2006 (B, T)
January 9, 2006 Filing 617 Reply to response to Motion to compel discovery Concerning Swiss Re's Destruction Of Backup Tapes And Efforts To Recover Deleted Emails filed by Keybank U.S.A., National Association. Related document(s) #601 . (Colombo, Louis)
January 4, 2006 Opinion or Order Order (non-document): Motion for extension of Time To File Reply Brief In Support Of Key's Motion To Compel Concerning Swiss Re's Destruction Of Backup Tapes And Efforts To Recover Deleted Emails is granted. Approved by Judge Patricia A. Gaughan on 1/3/06. (Related Doc. #615 ) (L-C, S)
December 28, 2005 Filing 616 Motion to compel discovery Of Notes Constituting Draft Expert Report filed by Keybank USA, National Association. (Attachments: #1 Brief in Support #2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D#6 Exhibit E)(Brennan, Terry)
December 23, 2005 Filing 615 Motion for extension of Time To File Reply Brief In Support Of Key's Motion To Compel Concerning Swiss Re's Destruction Of Backup Tapes And Efforts To Recover Deleted Emails until January 9, 2006 filed by Keybank U.S.A., National Association. Related document(s) #601 . (Warren, Thomas)
December 22, 2005 Opinion or Order Order (non-document): Key's Unopposed Motion for extension of the Damages Expert Discovery Schedule to January 5, 2006 is granted. Approved by Judge Patricia A. Gaughan on 12/22/05. (Related Doc. #613 ) (L-C, S)
December 19, 2005 Filing 614 Addendum of Exhibits in support of Opposition to Keybank's Motion to Compel filed by Swiss Reinsurance America Corporation. Related document(s) #612 Complete document on file in Clerk's Office. (C, K A) Modified on 12/20/2005 to edit text (B, T)
December 19, 2005 Filing 613 Unopposed Motion for extension of Damages Expert Discovery Schedule until January 5, 2006 filed by Keybank U.S.A., National Association. (Warren, Daniel)
December 16, 2005 Filing 612 Opposition to Motion to compel discovery Concerning Swiss Re's Destruction Of Backup Tapes And Efforts To Recover Deleted Emails filed by Swiss Reinsurance America Corporation. Related document(s) #601 . (Bonfield, Howard)
December 16, 2005 Opinion or Order Order (non-document): Key's Notice of Withdrawal of Exhibit and Motion for Leave Not to Produce Documents Underlying That Exhibit is Granted. Signed by Judge Patricia A. Gaughan on 12/14/05. (Related Doc #607 , #608 ). (L-C, S)
December 13, 2005 Filing 611 Reply to response to Motion for leave Not To Produce Documents Underlying Exhibit And Notice Of Withdrawal Of Exhibit (Corrected) filed by Keybank U.S.A., National Association. Related document(s) #608 . (Warren, Daniel)
December 13, 2005 Filing 610 Reply to response to Motion for leave Not To Produce Documents Underlying Exhibit And Notice Of Withdrawal Of Exhibit filed by Keybank U.S.A., National Association. Related document(s) #608 . (Warren, Daniel)
December 9, 2005 Filing 609 Opposition to Motion for leave Not To Produce Documents Underlying Exhibit And Notice Of Withdrawal Of Exhibit filed by Swiss Reinsurance America Corporation. Related document(s) #608 . (Attachments: #1 Exhibit 1)(Lopez-Paredes, Eva)
December 9, 2005 Filing 608 Motion for leave Not To Produce Documents Underlying Exhibit And Notice Of Withdrawal Of Exhibit filed by Keybank USA, National Association. (Attachments: #1 Exhibit A)(Warren, Daniel)
December 8, 2005 Filing 607 FILING ERROR. To Be Re-Filed using Motion event. Notice Of Withdrawal Of Exhibit And Motion For Leave Not To Produce Documents Underlying That Exhibit filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit A) (Warren, Daniel) Modified on 12/9/2005 (B, T).
December 1, 2005 Opinion or Order Filing 606 Order: Swiss Re's Expedited Motion to Compel Expert Discovery (Doc. #598 ) is GRANTED in PART and DENIED in PART as set forth herein. Key must produce all responsive documents by December 12, 2005. Signed by Judge Patricia A. Gaughan on 12/1/05.(Related Doc #598 )(L-C, S)
November 30, 2005 Opinion or Order Order (non-document): Swiss Re's Unopposed Motion for extension of Time To File Opposition To KeyBank's Motion To Compel is granted to 12/16/05. Approved by Judge Patricia A. Gaughan on 11/28/05. (Related Doc. #605 ) (L-C, S) Modified text on 12/1/2005 (S, T).
November 22, 2005 Filing 605 Unopposed Motion for extension of Time To File Opposition To KeyBank's Motion To Compel until December 16, 2005 filed by Swiss Reinsurance America Corporation. Related document(s) #601 . (Bonfield, Howard)
November 21, 2005 Filing 604 Reply to response to Motion to compel discovery filed by Swiss Reinsurance America Corporation. Related document(s) #598 . (Attachments: #1 Exhibit A)(Movit, Jeffrey)
November 17, 2005 Filing 603 Addendum of Exhibits in connection with brief in support of Key's motion to compel production of documents concerning Swiss Re's destruction of backup tapes and efforts to recover deleted emails filed by Keybank U.S.A., National Association. Related document(s) #602 , #601 . (Complete document on file in Clerk's office - 130 pages) (H, D) Modified text on 11/21/2005 (H, D).
November 17, 2005 Filing 602 Notice Of Manual Filing In Connection With Brief In Support Of Key's Motion To Compel Concerning Swiss Re's Destruction Of Backup Tapes And Efforts To Recover Deleted Emails filed by Keybank U.S.A., National Association. Related document(s) #601 . (Colombo, Louis)
November 16, 2005 Filing 601 Motion to compel discovery Concerning Swiss Re's Destruction Of Backup Tapes And Efforts To Recover Deleted Emails filed by Keybank U.S.A., National Association. (Attachments: #1 Brief in Support)(Colombo, Louis)
November 15, 2005 Filing 600 Opposition to Motion to compel discovery filed by Keybank U.S.A., National Association. Related document(s) #598 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Warren, Daniel)
November 3, 2005 Filing 599 Addendum of Exhibits in connection with Swiss Re's memorandum of law in support of its expedited motion to compel expert discovery filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Complete document on file in Clerk's office - 84 pages) Related document(s) #598 . (Attachments: #1 Notice of manual filing)(H, D)
November 2, 2005 Filing 598 Motion to compel discovery filed by Swiss Reinsurance America Corporation. (Attachments: #1 Brief in Support)(Movit, Jeffrey)
October 6, 2005 Opinion or Order Filing 597 Order: Key's Motion to Compel is GRANTED. Signed by Judge Patricia A. Gaughan on 10/6/05.(Related Doc #569 ). (L-C, S)
August 26, 2005 Opinion or Order Filing 595 Order: The Court denies the Motion of Swiss Reinsurance America Corporation and North American Specialty Insurance Company for Leave to Amend their Answer to Keybank's Second Amended Answer and Counterclaim by Adding a Counterclaim Against Keybank for Spoliation of Evidence. Signed by Judge Patricia A. Gaughan on 8/25/05. (Related Doc #562 ) (L-C, S)
August 26, 2005 Opinion or Order Order (non-document): Swiss Re's Motion for leave to file instanter memorandum of law in excess of page limit is granted. Signed by Judge Patricia A. Gaughan on 8/25/05. (Related Doc #578 ) (L-C, S)
August 26, 2005 Opinion or Order Order (non-document): Key's Motion for leave To File, Instanter, Surreply To Swiss Re's Motion For Leave To Amend Its Answer To Allege A Counterclaim Against Key is MOOT. Signed by Judge Patricia A. Gaughan on 8/25/05. (Related Doc #582 )(L-C, S)
August 26, 2005 Opinion or Order Order (non-document): Amended Motion for leave To File, Instanter, Surreply To Swiss Re's Motion For Leave To Amend Its Answer To Allege A Counterclaim Against Key is GRANTED. Signed by Judge Patricia A. Gaughan on 8/25/05. (Related Doc #583 ) (L-C, S)
August 26, 2005 Opinion or Order Order (non-document): Swiss Re's Expedited Motion for Extension of Expert Discovery Deadlines Due to Keybank's Production of Random Sampling Evidence is GRANTED ONLY AS FOLLOWS: Rebuttal Expert Reports are due 11/15/05; Expert Discovery Deadline is 12/31/05; Dispositive Motion Deadline is 2/9/06. Signed by Judge Patricia A. Gaughan on 8/26/05. (Related Doc. #588 ) (L-C, S)
August 25, 2005 Filing 594 Reply to response to Motion for extension of Expert Discovery until February 28, 2006 filed by Swiss Reinsurance America Corporation. Related document(s) #588 . (Movit, Jeffrey)
August 24, 2005 Filing 596 Addendum of Exhibits in connection with Key's brief in opposition to Swiss Re' expedited motion for extension of expert discovery deadlines filed by Keybank U.S.A., National Association. (Complete document on file in Clerk's office - 28 pages) Related document(s) #593 . (H, D)
August 23, 2005 Filing 593 Opposition to Motion for extension of Expert Discovery until February 28, 2006 filed by Keybank U.S.A., National Association. Related document(s) #588 . (Colombo, Louis)
August 19, 2005 Filing 592 Addendum of Exhibits to reply in support of motion to compel filed by Keybank U.S.A., National Association. Related document(s) #590 , #591 . Complete document on file in Clerk's Office, 112 pages.(C, K A)
August 19, 2005 Filing 591 Notice of Manual Filing of Addendum containing exhibits in connection with Key's Reply Brief In Support Of Its Motion To Compel filed by Keybank U.S.A., National Association. Related document(s) #590 . (Warren, Daniel) Modified text on 8/22/2005 (S, T).
August 18, 2005 Filing 590 Reply to response to Motion to compel discovery filed by Keybank U.S.A., National Association. Related document(s) #569 . (Warren, Daniel)
August 16, 2005 Filing 589 Addendum of Exhibits in connection with Swiss Re's memorandum of law in support of its expedited motion for extension of expert discovery deadlines filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Complete document on file in Clerk's office - 195 pages) Related document(s) #588 . (Attachments: #1 Notice of manual filing)(H, D)
August 15, 2005 Filing 588 Motion for extension of Expert Discovery until February 28, 2006 filed by Swiss Reinsurance America Corporation. (Attachments: #1 Brief in Support)(Lopez-Paredes, Eva) Modified text on 8/16/2005 (S, T).
August 10, 2005 Opinion or Order Order (non-document): Key's Unopposed Motion for extension of time To File A Reply Brief In Support Of Its Motion To Compel is granted to 8/18/05. Signed by Judge Patricia A. Gaughan on 8/9/05. #587 (L-C, S)
August 9, 2005 Filing 587 Unopposed Motion for extension of time until August 18, 2005 to To File A Reply Brief In Support Of Its Motion To Compel filed by Keybank U.S.A., National Association. Related document(s) #581 , #569 . (Warren, Daniel)
August 2, 2005 Filing 586 Opposition to Amended Motion for leave To File, Instanter, Surreply To Swiss Re's Motion For Leave To Amend Its Answer To Allege A Counterclaim Against Key filed by Swiss Reinsurance America Corporation. Related document(s) #583 . (Movit, Jeffrey)
August 1, 2005 Filing 583 Amended Motion for leave To File, Instanter, Surreply To Swiss Re's Motion For Leave To Amend Its Answer To Allege A Counterclaim Against Key filed by Keybank U.S.A., National Association. Related document(s) #582 . (Attachments: #1 Surreply#2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D)(Colombo, Louis)
July 29, 2005 Filing 585 Addendum of Exhibits in connection with Swiss Re's memorandum of law in opposition to Keybank's motion to compel filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Complete document on file in Clerk's office - 45 pages) Related document(s) #584 . (H, D)
July 29, 2005 Filing 584 Notice of manual filing the Addendum of Exhibits in connection with Swiss Re's memorandum of law in opposition to Keybank's motion to compel filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. Related document(s) #581 . (H, D)
July 29, 2005 Filing 582 Motion for leave To File, Instanter, Surreply To Swiss Re's Motion For Leave To Amend Its Answer To Allege A Counterclaim Against Key filed by Keybank U.S.A., National Association. Related document(s) #578 . (Attachments: #1 Key's Surreply#2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D)(Colombo, Louis)
July 28, 2005 Filing 581 Opposition to Keybank's Motion to compel discovery filed by Swiss Reinsurance America Corporation. Related document(s) #569 . (Reiter, Allen) Modified text on 8/2/2005 (L, T).
July 25, 2005 Filing 580 Addendum of exhibits in connection with Swiss Re's reply memorandum of law in further support of its motion for leave to amend its answer to allege a counterclaim against Keybank filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Complete document on file in Clerk's office - 121 pages) Related document(s) #578 , #579 . (H, D)
July 25, 2005 Filing 579 Notice of manual filing in connection with Swiss Re's reply memorandum of law in further support of its motion for leave to amend its answer to allege a counterclaim against Keybank filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. Related document(s) #578 . (H, D)
July 22, 2005 Filing 578 Motion for leave to file instanter memorandum of law in excess of page limit filed by Swiss Reinsurance America Corporation. Related document(s) #562 . (Attachments: #1 Brief in Support of Swiss Re's Motion for Leave to Amend its Answer to Allege a Counterclaim Against KeyBank)(Lopez-Paredes, Eva)
July 18, 2005 Filing 577 Unopposed Motion for extension of Time to File Opposition to KeyBank's Motion to Compel 12th Set of Interrogatories, 13th Amended Set of Interrogatories and 14th Request for Production of Documents until July 28, 2005 filed by Swiss Reinsurance America Corporation. Related document(s) #569 . (Lopez-Paredes, Eva)
July 18, 2005 Opinion or Order Order (non-document): Swiss Re's Unopposed Motion for extension of Time to File Opposition to KeyBank's Motion to Compel 12th Set of Interrogatories, 13th Amended Set of Interrogatories and 14th Request for Production of Documents is granted to July 28, 2005. Signed by Judge Patricia A. Gaughan on 7/18/05. #577 (L-C, S)
July 15, 2005 Opinion or Order Filing 576 Order: This matter is before the Court upon Expedited Motion for Protective Order Pursuant to Federal Rule of Civil Procedure 26(C) (Doc. #574 ). This Court is at a loss as to why Key would neither stipulate to the authenticity of the CDs at issue nor, alternatively, agree to a telephonic deposition. That said, the Court finds that Swiss Re's late noticing of the deposition would place an unreasonable burden on Key. Swiss Re will be permitted, however, to take the deposition in person on or before August 5, 2005. Signed by Judge Patricia A. Gaughan on 7/15/05. (L-C, S)
July 15, 2005 Filing 575 Opposition to Keybank's Expedited Motion for a protective order filed by Swiss Reinsurance America Corporation. Related document(s) #574 . (Attachments: #1 Exhibit A#2 Exhibit B)(Lopez-Paredes, Eva) Modified text on 7/18/2005 (S, T).
July 14, 2005 Filing 574 Emergency Motion for protective order filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit A)(Warren, Thomas)
July 14, 2005 Opinion or Order Order (non-document): Swiss Re's Unopposed Motion for extension of time to File Reply in Support of Motion for Leave to Amend Answer to KeyBank's Second Amended Answer and Counterclaim Against KeyBank for Spoliation of Evidence is granted to 7/22/05. Signed by Judge Patricia A. Gaughan on 7/14/05. #573 (L-C, S)
July 13, 2005 Filing 573 Unopposed Motion for extension of time until July 22nd, 2005 to File Reply in Support of Motion for Leave to Amend Answer filed by Swiss Reinsurance America Corporation. Related document(s) #562 . (Lopez-Paredes, Eva)
July 5, 2005 Filing 572 Addendum of Exhibit(s) in support of motion to compel filed by Keybank U.S.A., National Association. Related document(s) #571 , #569 .(Complete document on file in Clerk's Office - 71 pages) (E, P)
July 5, 2005 Filing 571 Notice of Manual Filing in Connection with Key's Motion to Compel filed by Keybank U.S.A., National Association. Related document(s) #569 . (Warren, Daniel)
July 1, 2005 Filing 569 Motion to compel discovery filed by Keybank U.S.A., National Association. (Warren, Daniel)
June 30, 2005 Filing 570 Addendum of Exhibits in connection with opposition to Swiss Re's motion for leave to amend its answer to Key's second amended answer and counterclaim by adding a counterclaim against Key filed by Keybank U.S.A., National Association. (Complete document on file in Clerk's office - 70 pages) Related document(s) #568 . (H, D)
June 30, 2005 Filing 568 Notice of Manual Filing In Connection With Key's Opposition To Swiss Re's Motion For Leave To Amend Its Answer To Key's Second Amended Answer And Counterclaim By Adding A Counterclaim Against Key filed by Keybank U.S.A., National Association. (Colombo, Louis)
June 30, 2005 Filing 567 Opposition to Motion for leave to amend answer to KeyBank's Second Amended Answer and Counterclaim By Adding a Counterclaim filed by Keybank U.S.A., National Association. Related document(s) #562 . (Colombo, Louis)
June 20, 2005 Opinion or Order Order (non-document): Key's Unopposed Motion for extension of time to File Opposition To Swiss Re's Motion For Leave To Amend Its Answer To Key's Second Amended Answer And Counterclaim By Adding A Counterclaim Against Key is granted. Signed by Judge Patricia A. Gaughan on 6/20/05. #566 (L-C, S)
June 16, 2005 Filing 566 Unopposed Motion for extension of time until June 30, 2005 to File Opposition To Swiss Re's Motion For Leave To Amend Its Answer To Key's Second Amended Answer And Counterclaim By Adding A Counterclaim Against Key filed by Keybank U.S.A., National Association. Related document(s) #562 . (Warren, Daniel)
June 7, 2005 Opinion or Order Filing 565 Order: This matter is before the Court upon Swiss Re's Motion to Compel Discovery of Keybank's Destruction of Evidence (Doc. #537 ). Also before the Court is Key's Motion for Protective Order (Doc. #546 ). Swiss Re's motion is GRANTED in PART and Key's motion is DENIED. Signed by Judge Patricia A. Gaughan on 6/7/05. (L-C, S)
June 2, 2005 Filing 564 Addendum of Exhibits in connection with memorandum of law in support of its motion for leave to amend its answer to Keybank's Second Amended Answer and Counterclaim and to add a counterclaim against Keybank filed by Swiss Reinsurance America Corporation.(Complete 62 page document is on file in the Clerk's Office) Related document(s) #562 , #563 . (B, B)
June 2, 2005 Filing 563 Notice of manual filing in connection with memorandum of law in support of its motion for leave to amend its answer to Keybank's Second Amended Answer and Counterclaim by adding a counterclaim filed by Swiss Reinsurance America Corporation. (B, B)
June 2, 2005 Opinion or Order Order (non-document): Swiss Re's Expedited Motion for and Extension of the Damages Discovery Schedule to July 15, 2005 is granted. Signed by Judge Patricia A. Gaughan on 6/2/05. #560 (L-C, S)
June 1, 2005 Filing 562 Motion for leave to amend answer to KeyBank's Second Amended Answer and Counterclaim By Adding a Counterclaim filed by Swiss Reinsurance America Corporation. (Attachments: #1 Pleading Counterclaim#2 Brief in Support Swiss Re's Motion for Leave to Amend)(Lopez-Paredes, Eva)
June 1, 2005 Filing 561 Opposition to Motion for extension of Damages Discovery Schedule until July 15, 2005 filed by Keybank U.S.A., National Association. Related document(s) #560 . (Attachments: #1 Exhibit A)(Warren, Thomas)
May 31, 2005 Filing 560 Motion for extension of Damages Discovery Schedule until July 15, 2005 filed by Swiss Reinsurance America Corporation. (Bonfield, Howard)
May 19, 2005 Filing 559 Addendum of Exhibits in connection with Key's reply brief in support of cross-motion for protective order filed by Keybank U.S.A., National Association. Related document(s) #557 , #558 . (Complete 25 pages on file in Clerk's Office)(E, P)
May 19, 2005 Filing 558 Notice Of Manual Filing In Connection With Reply Brief In Support Of Key's Cross-Motion For Protective Order filed by Keybank U.S.A., National Association. Related document(s) #557 . (Colombo, Louis)
May 18, 2005 Filing 557 Reply to response to Motion for protective order filed by Keybank U.S.A., National Association. Related document(s) #546 . (Colombo, Louis)
May 10, 2005 Filing 556 Reply Memorandum of Law in Support of Swiss Re's Motion to compel discovery of Keybank's Destruction of Evidence and in opposition to Keybank's Cross-Motion for a protective order filed by Swiss Reinsurance America Corporation. (Related document(s) #537 , #546 ). (L-C, S)
May 10, 2005 Filing 553 Reply Memorandum of Law in Support of Swiss Re's Motion to compel discovery of Keybank's Destruction of Evidence and in opposition to Keybank's Cross-Motion for a protective order filed by Swiss Reinsurance America Corporation. Related document(s) #537 , #546 . (L-C, S) Modified on 5/10/2005 (L-C, S). (DISREGARD, INCORRECT DOCUMENT ATTACHED. SEE DOC. #556 FOR CORRECTED FILING)
May 10, 2005 Opinion or Order Order (non-document): Swiss Re's Motion for leave to File Instanter Memorandum of Law in Excess of Page Limit In Support of It's Motion to Compel Discovery and in Opposition to KeyBank's Cross-Motion for a Protective Order is granted. Judge Patricia A. Gaughan (Related Doc #552 ) (L-C, S)
May 9, 2005 Filing 555 Addendum of Exhibits in connection with reply memorandum of law in support of its motion to compel discovery of Keybank's destruction of evidence and in opposition to Keybank's cross-motion for a protective order filed by Swiss Reinsurance America Corporation. Related document(s) #546 , #554 , #553 , #537 . (Complete 138 page document is on file in the Clerk's Office)(B, B)
May 9, 2005 Filing 554 Notice of manual filing in connection with reply memorandum of law in support of its motion to compel discovery of Keybank's destruction of evidence and in opposition to Keybank's cross-motion for a protective order filed by Swiss Reinsurance America Corporation. (B, B)
May 6, 2005 Filing 552 Motion for leave to File Instanter Memorandum of Law in Excess of Page Limit In Support of Swiss Re's Motion to Compel Discovery of KeyBank's Destruction of Evidence and in Opposition to KeyBank's Cross-Motion for a Protective Order filed by Swiss Reinsurance America Corporation. Related document(s) #537 . (Attachments: #1 Brief in Support Reply Brief In Support of Swiss Re's Motion to Compel Discovery of KeyBank's Destruction of Evidence and In Opposition to KeyBank's Cross-Motion for a Protective Order)(Lopez-Paredes, Eva)
April 28, 2005 Opinion or Order Order (non-document): Swiss Re's Unopposed Motion for extension of Time To File Reply Brief In Support Of Its Motion To Compel And Brief In Opposition To KeyBank's Cross-Motion For Protective Order is granted to 5/6/05. Judge Patricia A. Gaughan #551 (L-C, S) Modified file date 5/11/2005 (C, K A).
April 27, 2005 Filing 551 Unopposed Motion for extension of Time To File Reply Brief In Support Of Swiss Re's Motion To Compel And Brief In Opposition To KeyBank's Cross-Motion For Protective Order until May 6, 2005 filed by Swiss Reinsurance America Corporation. Related document(s) #546 , #537 . (Bonfield, Howard)
April 21, 2005 Filing 550 Brief in Opposition to Swiss Re's Motion to Compel Discovery and in Support of Key's Motion for Protective Order filed by Keybank U.S.A., National Association. Related document(s) #537 , #546 . (L-C, S) Modified file date 4/27/2005 (C, K A).
April 21, 2005 Opinion or Order Order (non-document): Key's Motion for leave to File, Instanter, Brief in Opposition to Swiss Re's Motion to Compel Discovery and in Support of Key's Motion for Protective Order in Excess of Page Limit is granted. Judge Patricia A. Gaughan (Related Doc #547 )(L-C, S) Modified file date 4/27/2005 (C, K A).
April 18, 2005 Filing 549 Addendum of Exhibits in connection with Key's brief in opposition to compel discovery and in support of Key's cross-motion for protective order filed by Keybank U.S.A., National Association. Related document(s) #546 , #547 , #548 . (H, D) (Complete document on file in Clerk's office - 176 pages) Modified on 4/20/2005 (H, D).
April 18, 2005 Filing 548 Notice of Manual Filing addendum of exhibits filed by Keybank U.S.A., National Association. Related document(s) #546 , #547 . (Colombo, Louis) Modified text 4/20/2005 (C, K A).
April 15, 2005 Filing 547 Motion for leave to File, Instanter, Brief in Opposition to Swiss Re's Motion to Compel Discovery and in Support of Key's Motion for Protective Order in Excess of Page Limit filed by Keybank U.S.A., National Association. Related document(s) #546 , #540 . (Attachments: #1 Brief In Opposition To Swiss Re's Motion To Compel Discovery And In Support Of Key's Motion For Protective Order)(Colombo, Louis)
April 15, 2005 Filing 546 Motion for protective order filed by Keybank U.S.A., National Association. (Colombo, Louis)
April 11, 2005 Opinion or Order Order (non-document): Key's Motion to Set Trial Date is DENIED. THE LACK OF TIMELINESS IN THE RESOLUTION OF CLAIMS HAVE NOT BEEN THE RESULT OF THIS COURT'S ACTIONS OR INACTIONS. COUNSEL SHOULD REVIEW THE DOCKET REGARDING THE NUMEROUS REQUESTS FOR EXTENSIONS! Judge Patricia A. Gaughan (Related Doc #545 )(L-C, S)
April 7, 2005 Filing 545 Motion for Order Setting Trial Date filed by Keybank U.S.A., National Association. (Warren, Daniel)
April 4, 2005 Opinion or Order Order (non-document): Key's Unopposed Motion for Extension of Time to Respond to Swiss Re's Motion to Compel is granted to April 15, 2005. Judge Patricia A. Gaughan #544 (L-C, S)
March 31, 2005 Filing 544 Unopposed Motion for extension of Time to File Opposition to Swiss Re's Motion to Compel until April 15, 2005 filed by Keybank U.S.A., National Association. Related document(s) #537 . (Warren, Daniel)
March 23, 2005 Opinion or Order Order (non-document): Key's Motion to Compel Designation of 30(b)(6) Witness by Swiss Re is GRANTED. Judge Patricia A. Gaughan (Related Doc #507 )(L-C, S)
March 23, 2005 Opinion or Order Order (non-document): Swiss Re's Motion to Compel Complete Responses to Fifth Set of Interrogatories is DENIED. Judge Patricia A. Gaughan (Related Doc #503 )(L-C, S)
March 23, 2005 Opinion or Order Order (non-document): Swiss Re's Cross-Motion for Order Requiring Disclosure Of All Parties' Damages Positions In Writing is DENIED. This Court interprets this Motion as being an alternative proposal to the designation of a 30(b)(6) witness. (Related Doc #517 )(L-C, S)
March 21, 2005 Filing 543 Minutes/ORDER: In light of this Court's granting the joint motion to set new damages disovery schedule and the representation of the joint status report that settlement discussions have not resumed, the status conference of 4/15/05 is cancelled. When the parties are prepared to discuss settlement/mediation the Court will set a new date. Judge Patricia A. Gaughan (L-C, S)
March 21, 2005 Opinion or Order Filing 542 Order: Damages fact discovery cut-off date 7/17/05; Expert reports on issues for which the party bears the burden of proof (including affirmative defenses) due 7/31/05; Responsive/rebuttal expert reports due 9/15/05; Expert Discovery cut-off date 10/31/2005; and Dispositive Motions due 12/9/2005. Judge Patricia A. Gaughan (Related Doc #539 ) (L-C, S)
March 18, 2005 Filing 540 Memorandum In Support of Swiss Re's Motion to compel discovery of Keybank's Destruction of Evidence filed by Swiss Reinsurance America Corporation. Related document(s) #537 . (L-C, S)
March 18, 2005 Opinion or Order Order (non-document): Swiss Re's Motion for leave to file, instanter, memorandum of law in excess of page limit is granted. Judge Patricia A. Gaughan (Related Doc #538 )(L-C, S)
March 17, 2005 Filing 541 Addendum of Exhibit(s) to motion to compel filed by Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Complete document on file in Clerk's office - 192 pages) Related document(s) #537 , #540 . (Attachments: #1 Notice of manual filing)(H, D)
March 17, 2005 Filing 539 Joint Motion for New Damages Discovery Schedule filed by Keybank U.S.A., National Association, Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Warren, Thomas)
March 16, 2005 Filing 538 Motion for leave to file, instanter, memorandum of law in excess of page limit filed by Swiss Reinsurance America Corporation. Related document(s) #537 . (Attachments: #1 Brief in Support)(Reiter, Allen)
March 16, 2005 Filing 537 Motion to compel discovery filed by Swiss Reinsurance America Corporation. (Reiter, Allen)
March 11, 2005 Filing 536 Joint Status Report of March 11, 2005 filed by Keybank U.S.A., National Association, Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Warren, Daniel)
March 3, 2005 Filing 534 Reply to response to Motion to compel discovery filed by Swiss Reinsurance America Corporation. Related document(s) #503 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Movit, Jeffrey)
March 2, 2005 Filing 535 Minutes/Order: Status Conference was set. Status Conference is continued to 4/15/2005 at 10:00 AM due to adverse weather conditions. Judge Patricia A. Gaughan (L-C, S)
February 25, 2005 Filing 533 Reply to response to Cross Motion for Order Requiring Disclosure Of All Parties' Damages Positions In Writing filed by Swiss Reinsurance America Corporation. Related document(s) #517 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Movit, Jeffrey)
February 18, 2005 Opinion or Order Order (non-document): Swiss Re's Unopposed Motion for extension of time to File Reply In Further Support Of Motion To Compel Complete Responses To Fifth Set Of Interrogatories is granted to 3/3/05. Judge Patricia A. Gaughan #532 (L-C, S)
February 18, 2005 Filing 532 Unopposed Motion for extension of time to File Reply In Further Support Of Motion To Compel Complete Responses To Fifth Set Of Interrogatories filed by Swiss Reinsurance America Corporation. Related document(s) #503 . (Movit, Jeffrey)
February 15, 2005 Filing 530 Minutes/Order: Joint Status Report is to be provided on or before March 11, 2005. Judge Patricia A. Gaughan (L-C, S)
February 15, 2005 Opinion or Order Order (non-document): Swiss Re's Unopposed Motion for extension of time until 2/25/05 to File Reply In Further Support Of Cross-Motion For Order Requiring Disclosure Of All Parties' Damages Positions In Writing is Granted. Judge Patricia A. Gaughan #528 (L-C, S)
February 14, 2005 Filing 529 Notice of Manual Filing addendum of exhibits filed by Keybank U.S.A., National Association. Related document(s) #527 . (Warren, Thomas) Modified text 2/15/2005 (C, K A).
February 14, 2005 Filing 528 Unopposed Motion for extension of time until 2/25/05 to File Reply In Further Support Of Cross-Motion For Order Requiring Disclosure Of All Parties' Damages Positions In Writing filed by Swiss Reinsurance America Corporation. Related document(s) #517 . (Movit, Jeffrey) Modified text 2/15/2005 (C, K A).
February 11, 2005 Filing 531 Addendum of Exhibits in connection with KeyBank's Brief in Opposition to Swiss Re's Motion to compel complete responses to Swiss Re's fifth set of interrogatories filed by Keybank U.S.A., National Association. (Complete document on file in Clerk's office - 115 pages) Related document(s) #527 , #529 . (H, D)
February 11, 2005 Filing 527 Opposition to Motion to compel discovery filed by Keybank U.S.A., National Association. Related document(s) #503 . (Warren, Thomas)
February 11, 2005 Filing 526 Joint Status Report of February 11, 2005 filed by Keybank U.S.A., National Association, Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Warren, Daniel)
February 8, 2005 Filing 525 Addendum of Exhibits in connection with reply brief in support of Key's motion to compel designation of 30(b)(6) witness by Swiss Re; response to Swiss Re's cross-motion for order requiring disclosure of parties' damages positions in writing filed by Keybank U.S.A., National Association. (Complete document on file in Clerk's office - 63 pages) Related document(s) #523 , #524 . (H, D)
February 8, 2005 Filing 524 Notice of Manual Filing addedum of exhibits filed by Keybank U.S.A., National Association. Related document(s) #523 . (Warren, Daniel) Modified text 2/15/2005 (C, K A).
February 7, 2005 Filing 523 Reply to response to Motion to compel discovery, Cross Motion for Order Requiring Disclosure Of All Parties' Damages Positions In Writing filed by Keybank U.S.A., National Association. Related document(s) #507 , #517 . (Warren, Daniel)
January 28, 2005 Opinion or Order Order (non-document): Key's Unopposed Motion for Extension of Time to File Reply Brief In Support Of Its Motion To Compel Designation of 30(b)(6) Witness By Swiss Re is granted to 2/7/05. Judge Patricia A. Gaughan #522 (L-C, S)
January 28, 2005 Filing 522 Unopposed Motion for extension of time until February 7, 2005 to File Reply Brief In Support Of Its Motion To Compel Designation of 30(b)(6) Witness By Swiss Re filed by Keybank U.S.A., National Association. (Warren, Thomas)
January 25, 2005 Opinion or Order Order (non-document): Key's Unopposed Motion for extension of time to Respond to Swiss Re's Motion to Compel Complete Responses to Fifth Set of Interrogatories granted to 2/11/05. Judge Patricia A. Gaughan #519 (L-C, S)
January 21, 2005 Filing 520 Notice of Compliance with Court's Order filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit A) (Lucchesi, Thomas)
January 21, 2005 Filing 519 Unopposed Motion for extension of time until February 11, 2005 to Respond to Swiss Re's Motion to Compel Complete Responses to Fifth Set of Interrogatories filed by Keybank USA, National Association. Related document(s) #503 . (Brennan, Terry)
January 21, 2005 Opinion or Order Order (non-document): Key's Motion to clarify The Court's October 13, 2004 Damages Discovery Schedule is Moot. Judge Patricia A. Gaughan (Related Doc #502 )(L-C, S)
January 21, 2005 Opinion or Order Order (non-document): Swiss Re's Unopposed Motion for additional time to File Opposition To KeyBank's Motion For Clarification Of The Court's October 13, 2004 Damages Discovery Schedule is Moot. Judge Patricia A. Gaughan #518 (L-C, S)
January 20, 2005 Opinion or Order Filing 521 Order Granting Joint Motion of Key and Swiss to Modify Damages Discovery Schedule. Judge Patricia A. Gaughan (Related Doc #516 )(L-C, S)
January 20, 2005 Filing 518 Unopposed Motion for extension of time until February 14, 2005 to File Opposition To KeyBank's Motion For Clarification Of The Court's October 13, 2004 Damages Discovery Schedule filed by Swiss Reinsurance America Corporation. Related document(s) #502 . (Bonfield, Howard)
January 19, 2005 Filing 517 Cross Motion for Order Requiring Disclosure Of All Parties' Damages Positions In Writing filed by Swiss Reinsurance America Corporation. Related document(s) #507 . (Attachments: #1 Memorandum Of Law In Opposition To Key's Motion To Compel Designation Of 30(b)(6) Witness And In Support Of Cross-Motion For Order Requiring Disclosure Of All Parties' Damages Positions In Writing#2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D)(Movit, Jeffrey)
January 18, 2005 Opinion or Order Order (non-document): Key's Unopposed Motion for additional extension of time to Respond to Swiss Re's Motion to Compel Complete Responses to Fifth Set of Interrogatories is granted to 1/21/05. Judge Patricia A. Gaughan #515 (L-C, S)
January 18, 2005 Filing 516 Joint Motion for Modification Of Damages Discovery Schedule filed by Keybank U.S.A., National Association, Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Attachments: #1 Exhibit A)(Warren, Daniel)
January 14, 2005 Filing 515 Unopposed Motion for extension of time until January 21, 2005 to Respond to Swiss Re's Motion to Compel Complete Responses to Fifth Set of Interrogatories filed by Keybank U.S.A., National Association. (Brennan, Terry)
January 14, 2005 Opinion or Order Order (non-document): Swiss Re's Unopposed Motion for extension of time to respond to KeyBank's Motion To Compel Designation of 30(b)(6) Witness is granted to 1/19/05. Judge Patricia A. Gaughan #514 (L-C, S)
January 13, 2005 Opinion or Order Order (non-document): Key's Unopposed Motion for extension of time to Respond to Swiss Re's Motion to Compel Complete Responses to Fifth Set of Interrogatories is granted to 1/18/05. Judge Patricia A. Gaughan #513 (L-C, S)
January 13, 2005 Filing 514 Unopposed Motion for extension of time until 1/19/05 to respond to KeyBank's Motion To Compel Designation of 30(b)(6) Witness filed by Swiss Reinsurance America Corporation. Related document(s) #507 . (Movit, Jeffrey) Modified text 1/14/2005 (C, K A).
January 13, 2005 Filing 513 Unopposed Motion for extension of time until January 18, 2005 to Respond to Swiss Re's Motion to Compel Complete Responses to Fifth Set of Interrogatories filed by Keybank U.S.A., National Association. (Brennan, Terry)
January 11, 2005 Opinion or Order Order (non-document): Swiss Re's Unopposed Motion for additional time To File Opposition to Keybank's motion for clarification of the Court's October 13, 2004 Damages Discovery Schedule is Granted to 1/24/05. Judge Patricia A. Gaughan #512 (L-C, S)
January 10, 2005 Filing 512 Unopposed Motion for extension of time until 1/24/05 Within Which To File Opposition to motion for clarification filed by Swiss Reinsurance America Corporation. Related document(s) #502 . (Bonfield, Howard) Modified text 1/12/2005 (C, K A).
January 7, 2005 Opinion or Order Filing 511 Order: The Court is in receipt of the Joint Status Report of January 5, 2005. Counsel are to provide another joint status report on or before February 11, 2005. (related doc. #510 ) (L-C, S)
January 5, 2005 Filing 510 Joint Status Report filed by Keybank U.S.A., National Association, Swiss Reinsurance America Corporation, North American Specialty Insurance Company. (Warren, Daniel)
January 3, 2005 Opinion or Order Order (non-document): Swiss Re's Motion for Protective Order is GRANTED. Judge Patricia A. Gaughan (Related Doc #492 )(L-C, S)
January 3, 2005 Opinion or Order ORDER (non-document): Swiss Re's Unopposed Motion for extension of time to file opposition to Keybank's Motion for Clarification of the Court's 10/13/04 damages discovery schedule is granted to 1/10/05. #505 Judge Patricia A. Gaughan on 1/03/05.(D, Mary) Modified text 1/24/2005 (C, K A).
December 30, 2004 Filing 509 Addendum of Exhibits in connection with brief in support of Key's motion to compel filed by Keybank U.S.A., National Association. (Complete document on file in Clerk's office - 55 pages) Related document(s) #507 , #508 . (H, D)
December 30, 2004 Filing 508 Notice Of Manual Filing In Connection With Key's Brief In Support Of Its Motion To Compel Designation Of 30(b)(6) Witness By Swiss Re filed by Keybank U.S.A., National Association. Related document(s) #507 . (Warren, Thomas)
December 30, 2004 Filing 507 Motion to compel discovery filed by Keybank U.S.A., National Association. (Warren, Thomas)
December 28, 2004 Filing 506 Addendum of Exhibits in connection with Swiss Re's memorandum of law in support of motion to compel complete responses to fifth set of interrogatories filed by Swiss Reinsurance America Corporation. (Complete document on file in Clerk's office - 150 pages) Related document(s) #503 , #504 . (H, D)
December 28, 2004 Filing 505 Unopposed Motion for extension of Swiss Re's Time Within Which To File Opposition Papers until January 10, 2005 filed by Swiss Reinsurance America Corporation. Related document(s) #502 . (Bonfield, Howard)
December 28, 2004 Filing 504 Notice of Manual Filing of Exhibits filed by Swiss Reinsurance America Corporation. Related document(s) #503 . (Movit, Jeffrey)
December 27, 2004 Filing 503 Motion to compel discovery filed by Swiss Reinsurance America Corporation. (Attachments: #1 Brief in Support)(Movit, Jeffrey)
December 20, 2004 Filing 502 Motion to clarify The Court's October 13, 2004 Damages Discovery Schedule filed by Keybank U.S.A., National Association. (Warren, Daniel)
December 13, 2004 Filing 501 Reply to response to Motion for protective order filed by Swiss Reinsurance America Corporation. Related document(s) #492 . (Attachments: #1 Exhibit A)(Movit, Jeffrey)
December 10, 2004 Filing 500 Joint Status Report filed by Keybank U.S.A., National Association, Swiss Reinsureance America Corporation and North American Specialty Insurance Company. Related document(s) #499 . (Warren, Daniel) Modified text/filers 12/14/2004 (C, K A).
December 3, 2004 Opinion or Order Order (non-document): Swiss Re's Motion for leave to Take the Deposition of Todd Friesner on the Issue of KeyBank's Damages is GRANTED. Judge Patricia A. Gaughan (Related Doc #477 )(L-C, S)
December 3, 2004 Opinion or Order Order (non-document): Todd B. Friesner's Motion for leave To File, Instanter, Surreply to Swiss Re's Motion for Leave to Depose Him filed by Todd B. Friesner is GRANTED. Judge Patricia (Related Doc #497 )(L-C, S)
December 1, 2004 Opinion or Order Filing 499 Order: A joint status report must be filed within ten days of the entry of this Order. Judge Patricia A. Gaughan (L-C, S)
November 29, 2004 Filing 498 Opposition to Motion for protective order filed by Keybank U.S.A., National Association. Related document(s) #492 . (Attachments: #1 Tab A -- Swiss Re 2003/2002 Financial Statement#2 Tab B -- Swiss Re 2001/2002 Financial Statement#3 Tab C -- Nov. 5, 2004 Email from T. Warren to A. Reiter)(Warren, Thomas)
November 17, 2004 Filing 497 Motion for leave To File, Instanter, Surreply to Swiss Re's Motion for Leave to Depose Him filed by Todd B. Friesner. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(O'Malley, Anthony) (SURREPLY incorporated in motion) Modified text 11/19/2004 (C, K A).
November 11, 2004 Filing 495 Reply to response to Motion for leave to Take the Deposition of Todd Friesner on the Issue of KeyBank's Damages filed by Swiss Reinsurance America Corporation. Related document(s) #477 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Lopez-Paredes, Eva) Modified text 11/15/2004 (C, K A).
November 10, 2004 Filing 496 Addendum of Exhibit(s) in support of memorandum of law in support of motion for protective order filed by Swiss Reinsurance America Corporation . Related document(s) #492 , #493 , #494 . (Complete 167 pages of document on file in Clerk's Office)(E, P) Modified to correct filer on 11/12/2004 (E, P).
November 10, 2004 Filing 494 Notice of Manual Filing filed by Swiss Reinsurance America Corporation. Related document(s) #492 . (Movit, Jeffrey)
November 10, 2004 Filing 493 Memorandum In Support of Motion for protective order filed by Swiss Reinsurance America Corporation. Related document(s) #492 . (Movit, Jeffrey) Modified text 11/15/2004 (C, K A).
November 9, 2004 Filing 492 Motion for protective order filed by Swiss Reinsurance America Corporation. (Attachments: #1 Brief in Support)(Movit, Jeffrey)
November 5, 2004 Opinion or Order Filing 491 Order: Key's Motion for Protective Order (Doc #441 ) is DENIED. Judge Patricia A. Gaughan (L-C, S)
October 28, 2004 Filing 490 Opposition to Motion for leave to Take the Deposition of Todd Friesner on the Issue of KeyBank's Damages filed by Todd B. Friesner. Related document(s) #477 . (Attachments: #1 Exhibit A#2 Exhibit B)(O'Malley, Anthony)
October 27, 2004 Filing 489 Notice of Compliance with Court's October 13, 2004 Order filed by Keybank U.S.A., National Association. (Warren, Daniel)
October 26, 2004 Filing 488 Letter In Response To KeyBank's October 8, 2004 And October 12, 2004 Letters To Judge Gaughan filed by Swiss Reinsurance America Corporation. Related document(s) #475 , #479 . (Attachments: #1 Exhibit A#2 Exhibit B)(Bonfield, Howard)
October 18, 2004 Filing 487 Reply to response to Motion for protective order filed by Keybank USA, National Association. Related document(s) #441 . (Attachments: #1 Exhibit A#2 Exhibit B)(Warren, Daniel)
October 18, 2004 Opinion or Order Order (non-document): Swiss Re's Motion for extension of time to Respond To KeyBank's Twelfth Request For Production Of Documents And Ninth Set Of Interrogatories is granted to 10/20/04. Judge Patricia A. Gaughan #476 (L-C, S)
October 13, 2004 Filing 486 Response to Motion for extension of time to Respond To KeyBank's Twelfth Request For Production Of Documents And Ninth Set Of Interrogatories (One Week Extension Sought Until October 20, 2004) filed by Keybank U.S.A., National Association. Related document(s) #476 . (Holbrook, Scott SIGNED by Daniel Warren) Modified text 10/14/2004 (C, K A).
October 13, 2004 Opinion or Order Filing 485 Order: Swiss Re's Motion to Compel Answers to Fourth Set of Interrogatories is GRANTED in PART and DENIED in PART. The court orders each party to produce a written acknowledgement to the court indicating that it has read this order. Judge Patricia A. Gaughan (Related Doc #408 )(L-C, S) Modified text 10/14/2004 (C, K A).
October 13, 2004 Opinion or Order Filing 484 Order: Key's Motion for Leave to Amend Second Amended Answer and Counterclaim is DENIED. Judge Patricia A. Gaughan (Related Doc #391 )(L-C, S)
October 13, 2004 Filing 483 Surreply to Swiss Re's Motion for Protective Order filed by Keybank U.S.A., National Association. Related document(s) #400 (L-C, S)
October 13, 2004 Opinion or Order Filing 482 Order: Swiss Re's Motion for a Protective Order is Granted. Judge Patricia A. Gaughan (Related Doc #400 )(L-C, S)
October 13, 2004 Opinion or Order Filing 481 Order: Key's Motion to Correct and Reconsider Partial Summary Judgment Order is granted in part and denied in part. Judge Patricia A. Gaughan (Related Doc #431 )(L-C, S)
October 13, 2004 Opinion or Order Filing 480 Order: This matter is before the Court upon Swiss Re's Motion for Expedited Relief to Extend the Damages Discovery Schedule and to Compel the Production of Documents. (Doc. #446 ). Also before the Court is Key's Expedited Motion for Sanctions Against Swiss Re for Failure to Comply with the Court's Damages Discovery Order. (Doc. #453 ). Swiss Re's Motion is GRANTED and Key's Motion is DENIED. The damages discovery schedule is hereby amended as follows, On or before November 24, 2004, Swiss Re will present its schedule of disputed claims; On or before November 24, 2004, Key will present its new claims arising between November 30, 2003 and June 30, 2004; On or before January 7, 2005, Key will modify its claims chart only as to Swiss Re's November 24, 2004 submission; On or before January 7, 2005, Swiss Re will supplement its November 24, 2004, submission with respect to the claims Key added on November 24, 2004; Damages Fact Discovery cutoff extended to January 31, 2005; Key's expert reports, if any, February 14, 2005; Swiss Re/NAS expert reports, if any: March 14, 2005; Expert discovery cutoff: April 25, 2005; Dispositive motions, if any, due on or before May 13, 2005; In light of the amendment to these dates, the status conference currently set for November 22, 2004, is changed to March 1, 2005 at 9:00 a.m. Parties must be available by telephone. In addition, Swiss Re's request to compel the supporting documents referenced in its motion is GRANTED. Key must produce the documents on or before October 27, 2004. Judge Patricia A. Gaughan (L-C, S)
October 13, 2004 Opinion or Order Order (non-document): Swiss Re's Motion for leave to file, instanter. surreply memorandum in opposition to Keybank's motion to correct and reconsider partial summary judgment order is granted with regard to the Rule 54 argument. Denied in all other respects. Judge Patricia A. Gaughan (Related Doc #447 )(L-C, S)
October 13, 2004 Opinion or Order Order (non-document): Key's Motion for leave to File, Instanter, Surreply to Swiss Re's Motion for Protective Order is Granted. Judge Patricia A. Gaughan (Related Doc #428 )(L-C, S)
October 13, 2004 Opinion or Order Order (non-document): Swiss Re's Motion for leave to File, Instanter, Surreply Memorandum In Opposition to KeyBank's Motion for Rule 37 Sanctions is DENIED. Judge Patricia A. Gaughan (Related Doc #473 )(L-C, S)
October 13, 2004 Opinion or Order Order (non-document): Swiss Re's Motion for leave To File, Instanter, Surreply Memorandum In Opposition To KeyBank's Motion For Leave To Amend Its Second Amended Answer And Counterclaim is DENIED. Judge Patricia A. Gaughan (Related Doc #414 )(L-C, S)
October 13, 2004 Opinion or Order Order (non-document): Key's Motion for leave to Extend the Court's October 8, 2004 Claims Chart Modification Deadline is MOOT. Judge Patricia A. Gaughan (Related Doc #474 )(L-C, S)
October 12, 2004 Filing 479 Letter to Judge Gaughan filed by Keybank U.S.A., National Association. (Attachments: #1 Declaration of Louis A. Colombo#2 Exhibit A to Declaration of Louis A. Colombo#3 Exhibit B to Declaration of Louis A. Colombo#4 Exhibit C to Declaration of Louis A. Colombo#5 Exhibit D to Declaration of Louis A. Colombo)(Holbrook, Scott signed by Daniel Warren) Modified text 10/13/2004 (C, K A).
October 12, 2004 Filing 478 Letter In Response To KeyBank's October 8, 2004 Letter To Judge Gaughan filed by Swiss Reinsurance America Corporation. Related document(s) #475 . (Bonfield, Howard signed by Gary Meyerhoff) Modified text 10/13/2004 (C, K A).
October 11, 2004 Filing 477 Motion for leave to Take the Deposition of Todd Friesner on the Issue of KeyBank's Damages filed by Swiss Reinsurance America Corporation. (Attachments: #1 Brief in Support #2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D#6 Exhibit E)(Lopez-Paredes, Eva)
October 11, 2004 Filing 476 Motion for extension of time until 10/20/04 to Respond To KeyBank's Twelfth Request For Production Of Documents And Ninth Set Of Interrogatories filed by Swiss Reinsurance America Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Bonfield, Howard) Modified text 10/12/2004 (C, K A).
October 8, 2004 Filing 475 Letter to Judge Gaughan filed by Keybank U.S.A., National Association. (not signed by Holbrook, Scott (signed by Daniel Warren) Modified text 10/12/2004 (C, K A).
October 8, 2004 Filing 474 Motion for leave to Extend the Court's October 8, 2004 Claims Chart Modification Deadline filed by Keybank U.S.A., National Association. (Holbrook, Scott)
October 7, 2004 Filing 473 Motion for leave to File, Instanter, Surreply Memorandum In Opposition to KeyBank's Motion for Rule 37 Sanctions filed by Swiss Reinsurance America Corporation. Related document(s) #453 . (Attachments: #1 Surreply)(Lopez-Paredes, Eva) Modified text 10/8/2004 (C, K A).
October 7, 2004 Filing 472 INCORRECT document uploaded, please disregard and see document #473 . Motion for leave to File, Instanter, Surreply Memorandum In Opposition to KeyBank's Motion for Rule 37 Sanctions filed by Swiss Reinsurance America Corporation. Related document(s) #453 . (Attachments: #1 Surreply)(Lopez-Paredes, Eva) Modified text/termed motion 10/8/2004 (C, K A).
October 6, 2004 Filing 471 Reply to response to Motion for sanctions Against Swiss Re for Failure to Comply with the Court's Damages Discovery Order filed by Keybank U.S.A., National Association. Related document(s) #453 . (Attachments: #1 Exhibit A)(Holbrook, Scott)
October 5, 2004 Filing 470 Exhibits A - G in connection with Swiss Re's memorandum of law in opposition to Keybank's motion for protective order filed by Swiss Reinsurance America Corporation. (Complete document on file in Clerk's office - 1/2" bound volume) Related document(s) #467 , #468 . (H, D)
October 5, 2004 Filing 468 Notice Of Manual Filing Of Exhibits In Connection With Swiss Re's Memorandum Of Law In Opposition To KeyBank's Motion For A Protective Order filed by Swiss Reinsurance America Corporation. Related document(s) #467 . (Bonfield, Howard)
October 4, 2004 Filing 469 Addendum of Exhibits A - K in connection with Swiss Re's memorandum of law in opposition to Keybank's motion for Federal Rule 37 sanctions filed by Swiss Reinsurance America Corporation. (complete document on file in Clerk's office - 83 pages) Related document(s) #467 , #468 . (H, D)
October 4, 2004 Filing 467 Opposition to Motion for protective order filed by Swiss Reinsurance America Corporation. Related document(s) #441 . (Bonfield, Howard)
October 4, 2004 Filing 466 Notice Notice Of Manual Filing In Connection With Swiss Re's Memorandum Of Law In Opposition To Keybank's Motion For Federal Rule 37 Sanctions filed by Swiss Reinsurance America Corporation. Related document(s) #465 . (Lopez-Paredes, Eva)
October 4, 2004 Filing 465 Swiss Re's Memorandum of Law in Opposition to Keybank's Motion for Federal Rule 37 Sanctions. Related document(s) #453 (L-C, S)
October 4, 2004 Opinion or Order Order (non-document): Swiss Re's Motion for leave to file, instanter, memorandum of law in excess of page limit is granted. Judge Patricia A. Gaughan(Related Doc #464 )(L-C, S)
October 1, 2004 Filing 464 Motion for leave to file, instanter, memorandum of law in excess of page limit filed by Swiss Reinsurance America Corporation. Related document(s) #453 . (Attachments: #1memorandum in opposition)(Reiter, Allen) Modified text 10/4/2004 (C, K A).
September 28, 2004 Filing 463 Minutes/Order: Swiss Re's Response to Key's Expedited Motion for Sanctions Against Swiss Re for Failure to Comply with the Court's Damages Discovery Order is due on or before October 1, 2004. Judge Patricia A. Gaughan (Related Doc. #453 ) (L-C, S)
September 28, 2004 Opinion or Order Order (non-document) granting Motion for appearance pro hac vice by attorney Reid L. Ashinoff for Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Judge Patricia A. Gaughan (Related Doc #458 )(L-C, S)
September 28, 2004 Opinion or Order Order (non-document) granting Motion for appearance pro hac vice by attorney Jeffrey Movit for Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Judge Patricia A. Gaughan (Related Doc #455 )(L-C, S)
September 28, 2004 Filing 462 Reply to response to Motion for extension of Fact Discovery until January 28, 2005 filed by Swiss Reinsurance America Corporation. Related document(s) #446 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Reiter, Allen)
September 27, 2004 Filing 460 Letter to Judge Gaughan in response to the 9/27/04 letter of KeyBank filed by Swiss Reinsurance America Corporation. Related document(s) #457 . (Kaufman, Arthur)
September 27, 2004 Filing 459 Response to Motion for leave to File Surreply to Key's Motion for Reconsideration filed by Keybank U.S.A., National Association. Related document(s) #447 . (Holbrook, Scott)
September 27, 2004 Filing 458 Motion for appearance pro hac vice of Reid L. Ashinoff filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. (Attachments: #1 Affidavit of Reid L. Ashinoff)(Kaufman, Arthur)
September 27, 2004 Filing 457 Letter in Response to the September 24, 2004 Letter of Arthur Kaufman filed by Keybank U.S.A., National Association. (Holbrook, Scott signed by Daniel Warren) Modified text 9/28/04 (C, KA)
September 27, 2004 Financial Transaction in the amount of $380.00 received for motion to appear pro hac vice by attorney Jeffrey Movit & Reid L. Ashinoff, Receipt # 664371 (B, R)
September 24, 2004 Filing 461 Addendum of Exhibits in connection with Key's opposition to Swiss Re's motion for expedited relief to extend damages discovery schedule filed by Keybank U.S.A., National Association. (Complete document on file in Clerk's office - 20 pages) Related document(s) #451 , #452 . (H, D)
September 24, 2004 Filing 456 Letter to Judge Gaughan filed by Swiss Reinsurance America Corporation. (Kaufman, Arthur)
September 24, 2004 Filing 455 Motion for appearance pro hac vice of Jeffrey Movit filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. (Attachments: #1 Affidavit of Jeffrey Movit)(Kaufman, Arthur)
September 23, 2004 Filing 454 Addendum of Exhibits in connection with Swiss Re's memorandum of law in support of its motion to extend the damages discovery schedule and to compel the production of documents filed by Swiss Reinsurance America Corporation. (Complete document on file in Clerk's office - 64 pages) Related Doc #446 (H, D) Modified on 9/27/2004 adding link (M, P).
September 23, 2004 Filing 453 Motion for sanctions Against Swiss Re for Failure to Comply with the Court's Damages Discovery Order filed by Keybank USA, National Association. (Attachments: #1 Brief in Support #2 Exhibit A#3 Exhibit B#4 Exhibit C)(Warren, Daniel)
September 23, 2004 Filing 452 Notice of Manual Filing in Connection with Key's Opposition to Swiss Re's Motion for Expedited Relief to Extend Damages Discovery Schedule filed by Keybank USA, National Association. Related document(s) #451 . (Warren, Daniel)
September 23, 2004 Filing 451 Opposition to Motion for extension of Fact Discovery until January 28, 2005 filed by Keybank USA, National Association. Related document(s) #446 . (Warren, Daniel)
September 23, 2004 Filing 450 Notice Of Manual Filing In Connection With Swiss Re's Memorandum Of Law In Support Of Its Motion For Expedited Relief To Extend The Damages Discovery Schedule And To Compel The Production Of Documents filed by Swiss Reinsurance America Corporation. Related document(s) #446 . (Bonfield, Howard)
September 23, 2004 Filing 449 Minutes/ORDER: In response to attorney Warren's Letters of September 14, 2004 and September 21, 2004 and attorney Reiter's Letters of September 20, 2004 and September 22, 2004, the 30(b)(6) deposition, which was noticed in March, must proceed no later than October 4, 2004. Judge Patricia A. Gaughan (Related Docs. #448 , #444 , #445 , #439 ) (L-C, S)
September 22, 2004 Filing 448 Letter in response to the Sept. 21, 2004 letter filed by Daniel R. Warren filed by Swiss Reinsurance America Corporation. Related document(s) #445 . (Reiter, Allen)
September 22, 2004 Filing 447 Motion for leave to file surreply instanter filed by Swiss Reinsurance America Corporation. Related document(s) #443 . (Attachments: #1 Surreply #2 Exhibit A#3 Exhibit B)(Reiter, Allen) Modified text 9/23/2004 (C, K A).
September 22, 2004 Filing 446 Motion for extension of Fact Discovery until January 28, 2005 filed by Swiss Reinsurance America Corporation. (Attachments: #1Memorandum in Support)(Reiter, Allen) Modified text 9/23/2004 (C, K A).
September 21, 2004 Filing 445 Letter in Response to the September 20, 2004 Letter of Allen G. Reiter filed by Keybank USA, National Association. Related document(s) #439 , #444 . (Attachments: #1 Exhibit A)(Brennan, Terry, signed by Daniel Warren) Modified text 9/22/2004 (C, K A).
September 20, 2004 Filing 444 Letter In Response to the September 14, 2004 Letter of Daniel R. Warren filed by Swiss Reinsurance America Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Reiter, Allen)
September 17, 2004 Filing 443 Reply to response to Motion for Order to Correct and Reconsider Partial Summary Judgment Order filed by Keybank USA, National Association. Related document(s) #431 . (Attachments: #1 Exhibit E#2 Exhibit F#3 Exhibit G#4 Exhibit H#5 Exhibit I)(Brennan, Terry, signed by Daniel Warren) Modified text 9/20/2004 (C, K A).
September 15, 2004 Opinion or Order Filing 442 Order: At the oral request of Attorney Allen Reiter, the response to Attorney Warren's letter is due by 4:30 p.m. on September 20, 2004 since September 16, 2004 and September 17, 2004 are Jewish Holidays. Judge Patricia A. Gaughan (Related Doc. #439 ) (L-C, S)
September 15, 2004 Filing 441 Motion for protective order filed by Keybank U.S.A., National Association. (Attachments: #1 Tab A#2 Tab B#3 Tab C#4 Tab D)(Holbrook, Scott)
September 15, 2004 Opinion or Order Filing 440 Order: If Swiss Re wants to respond to Attorney Warren's letter of September 14, 2004, it must be submitted no later than 4:30 p.m. on September 16, 2004. Judge Patricia A. Gaughan (Related doc. #439 ) (L-C, S)
September 14, 2004 Filing 439 Letter Pursuant to Local Rule 37.1 filed by Keybank U.S.A., National Association. (Holbrook, Scott)
September 7, 2004 Opinion or Order Order (non-document): Key's Motion for Liminted Extension of Time to Respond To Swiss Re's Eleventh Set Of Requests To Produce And Fifth Set Of Interrogatories is granted to 9/14/04. Judge Patricia A. Gaughan #437 (L-C, S)
September 7, 2004 Filing 438 Opposition to Motion for Order to Correct and Reconsider Partial Summary Judgment Order filed by Swiss Reinsurance America Corporation. Related document(s) #431 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Bonfield, Howard)
August 31, 2004 Filing 437 Motion for extension of time until September 14, 2004 to Respond To Swiss Re's Eleventh Set Of Requests To Produce And Fifth Set Of Interrogatories filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit A#2 Exhibit B)(Holbrook, Scott)
August 24, 2004 Filing 436 Addendum of exhibits to memorandum in support of motion to correct and reconsider partial summary judgment order filed by Keybank U.S.A., National Association. Related document(s) #431 . Complete document on file in Clerk's Office.(C, K A)
August 24, 2004 Filing 435 Subpoena Returned Executed; served upon Joshua Pingatore by personal service on 8/23/2004 and filed by North American Specialty Insurance Company, Reliance Insurance Company, Swiss Reinsurance America Corporation (S, DJ)
August 24, 2004 Filing 434 Subpoena Returned Executed; served upon Meg Montag by personal service on 8/23/2004 and filed by North American Specialty Insurance Company, Reliance Insurance Company, Swiss Reinsurance America Corporation (S, DJ)
August 24, 2004 Filing 433 Subpoena Returned Executed; served upon Sheilah Dunning by personal service on 8/23/2004 filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation, Tri-Arc Financial Services, Inc. (S, DJ)
August 24, 2004 Filing 432 Subpoena Returned Executed; served upon Charles Barrett by personal service on 8/23/2004 filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation, Tri-Arc Financial Services, Inc. (S, DJ)
August 23, 2004 Filing 431 Motion (with brief in support) for Order to Correct and Reconsider Partial Summary Judgment Order filed by Keybank U.S.A., National Association. (Holbrook, Scott) Modified text 8/24/2004 (C, K A).
August 16, 2004 Filing 430 Reply to response to Motion to compel discovery Responses To Swiss Re's Fourth Set Of Interrogatories filed by Swiss Reinsurance America Corporation. Related document(s) #408 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Reiter, Allen)
August 15, 2004 Filing 429 Response to Motion for leave to File, Instanter, Surreply to Swiss Re's Motion for Protective Order filed by Swiss Reinsurance America Corporation. Related document(s) #428 . (Attachments: #1 Exhibit A#2 Exhibit B)(Bonfield, Howard)
August 10, 2004 Opinion or Order Order (non-document) granting Motion for appearance pro hac vice by attorney John G. Johnson for Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Judge Patricia A. Gaughan (Related Doc #425 )(L-C, S)
August 10, 2004 Filing 428 Motion for leave to File, Instanter, Surreply to Swiss Re's Motion for Protective Order filed by Keybank U.S.A., National Association. Related document(s) #423 . (Attachments: #1 Key's Surreply to Swiss Re's Motion for Protective Order)(Holbrook, Scott)
August 5, 2004 Filing 426 Addendum of Exhibits (A - G) in connection with Swiss Re's reply memorandum of law in support of motion for a protective order filed by Swiss Reinsurance America Corporation. (Complete document on file in Clerk's office - 1 bound volume) Related document(s) #423 , #424 . (H, D)
August 5, 2004 Filing 425 Motion for appearance pro hac vice of John G. Johnson filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. (Attachments: #1 Affidavit of John G. Johnson)(Kaufman, Arthur)
August 5, 2004 Filing 424 Notice Of Manual Filing Of Addendum Of Exhibits In Connection With Swiss Re's Reply Memorandum Of Law In Support Of Motion For A Protective Order filed by Swiss Reinsurance America Corporation. Related document(s) #423 . (Bonfield, Howard)
August 5, 2004 Filing 423 Reply to response to Motion for protective order (Corrected Version Of Reply Papers; Please Disregard Document # 422) filed by Swiss Reinsurance America Corporation. Related document(s) #400 . (Bonfield, Howard)
August 4, 2004 Filing 422 Reply to response to Motion for protective order filed by Swiss Reinsurance America Corporation. Related document(s) #400 . (Bonfield, Howard)
August 4, 2004 Filing 421 Memorandum of Opinion and Order granting in part and denying in part Keybank, USA National Association's Motion for Partial Summary Judgment (Related Doc #322 ) and granting in part and denying in part Counterclaim Defendants Swiss Reinsurance American Corporation and North American Specialty Insurance Company Motion for Summary Judgment. Judge Patricia A. Gaughan (Related Doc #326 )(L-C, S)
August 3, 2004 Filing 427 Addendum of Exhibits (A - H) in connection with Key's opposition to Swiss Re's motion to compel answers to Swiss Re's fourth set of interrogatories filed by Keybank U.S.A., National Association. (Complete document on file in Clerk's office - 1 bound volume) Related document(s) #419 , #420 . (H, D) Modified text 8/9/2004 (C, K A).
August 3, 2004 Filing 420 Notice of Manual Filing addendum of exhibits in Connection with Key's Opposition to Swiss Re's Motion to Compel Answers to Fourth Set of Interrogatories filed by Keybank U.S.A., National Association. Related document(s) #419 . (Scholz, Karin) Modified text 8/4/2004 (C, K A).
August 2, 2004 Opinion or Order Order (non-document) granting Motion for appearance pro hac vice by attorney Michael D. Hultquist for Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Judge Patricia A. Gaughan (Related Doc #415 )(L-C, S)
August 2, 2004 Opinion or Order Order (non-document): Swiss Re's Unopposed Motion for extension of time To Submit Reply Papers In Support Of Motion For Protective Order is granted. Judge Patricia A. Gaughan #413 (L-C, S)
August 2, 2004 Filing 419 Opposition to Motion to compel discovery Responses To Swiss Re's Fourth Set Of Interrogatories filed by Keybank U.S.A., National Association. Related document(s) #408 . (Scholz, Karin)
July 26, 2004 Filing 417 Response to Motion for leave To File, Instanter, Surreply Memorandum In Opposition To KeyBank's Motion For Leave To Amend Its Second Amended Answer And Counterclaim filed by Keybank U.S.A., National Association. Related document(s) #414 . (Holbrook, Scott)
July 26, 2004 Financial Transaction in the amount of $190.00 received for motion to appear pro hac vice by attorney Michael D. Hultquist. Receipt # 662480 Related document(s) #415 . (C, BA)
July 23, 2004 Filing 418 Exhibit(s) A and B in connection with Swiss Re's surreply memorandum in opposition to Keybank's motion for leave to amend its second amended answer and counterclaim (manual filing) filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. Related document(s) #416 , #414 . (Attachments: #1 Exhibit A#2 Exhibit B)(H, D) Modified on 7/27/2004 (H, D).
July 23, 2004 Filing 416 Notice Of Manual Filing Of Addendum Of Exhibits In Connection With Swiss Re's Surreply Memorandum In Opposition To KeyBank's Motion For Leave To Amend Its Second Amended Answer And Counterclaim filed by Swiss Reinsurance America Corporation. Related document(s) #414 . (Bonfield, Howard)
July 23, 2004 Filing 415 Motion for appearance pro hac vice of Michael D. Hultquist filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. (Attachments: #1 Affidavit of Michael D. Hultquist)(Kaufman, Arthur)
July 23, 2004 Filing 414 Motion for leave To File, Instanter, Surreply Memorandum In Opposition To KeyBank's Motion For Leave To Amend Its Second Amended Answer And Counterclaim filed by Swiss Reinsurance America Corporation. Related document(s) #391 . (Attachments: #1 Surreply)(Bonfield, Howard) Modified text 7/26/2004 (C, K A).
July 23, 2004 Filing 413 Unopposed Motion for extension of time To Submit Reply Papers In Support Of Motion For Protective Order filed by Swiss Reinsurance America Corporation. Related document(s) #400 . (Bonfield, Howard)
July 22, 2004 Filing 412 Addendum of Exhibits in connection with Key's Opposition to Swiss re's Motion for Protective Order filed by Keybank U.S.A., National Association.(97 pages; Complete Document on file in Clerk's Office) Related document(s) #410 , #411 , #400 . (E, P)
July 22, 2004 Filing 411 Notice Of Manual Filing of addendum of exhibits In Connection With Key's Opposition To Swiss Re's Motion For Protective Order filed by Keybank U.S.A., National Association. (Holbrook, Scott) Modified text 7/23/2004 (C, K A).
July 21, 2004 Filing 410 Opposition to Motion for protective order filed by Keybank U.S.A., National Association. Related document(s) #400 . (Holbrook, Scott)
July 20, 2004 Filing 409 Amended Answer to Second Amended Answer And Counterclaim filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #132 . (Bonfield, Howard) Modified text/filers 7/21/2004 (C, K A).
July 19, 2004 Opinion or Order Order (non-document): Key's Motion for sanctions based on Swiss Re's Concealment of Evidence is DENIED. Judge Patricia A. Gaughan (Related Doc #374 )(L-C, S)
July 19, 2004 Opinion or Order Order (non-document): Key's Unopposed Motion for Extension of time to Respond to Swiss Re's Motion for Protective Order is granted to 7/21/04. Judge Patricia A. Gaughan (Related Doc #407 )(L-C, S)
July 16, 2004 Filing 408 Motion to compel discovery Responses To Swiss Re's Fourth Set Of Interrogatories filed by Swiss Reinsurance America Corporation. (Attachments: #1 Brief in Support #2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D)(Bonfield, Howard for Gary Meyerhoff) Modified text on 7/19/2004, email to attorney re: electronic signature. (H, D).
July 16, 2004 Filing 407 Unopposed Motion for extension of time until 7/21/04 to Respond to Swiss Re's Motion for Protective Order filed by Keybank U.S.A., National Association. Related document(s) #400 . (Holbrook, Scott) Modified text on 7/19/2004 (H, D).
July 13, 2004 Filing 406 Subpoena Returned Executed; served upon Vehicle Inspection Services by process server on 7/12/04 filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation (Attachments: #1 Exhibit A#2 Exhibit B)(H, D)
July 13, 2004 Filing 405 Addendum of exhibits in connection with reply brief in support of Key's second amended answer and counterclaim filed by Keybank U.S.A., National Association. (Complete document on file in Clerk's office - Bound volume of Exhibits A - M) Related document(s) #403 , #404 . (H, D)
July 13, 2004 Filing 404 Notice of Manual Filing addendum containing exhibits in connection with Reply Brief in support of Key's Motion for Leave to Amend Second Amended Answer and Counterclaim filed by Keybank U.S.A., National Association. (Holbrook, Scott) Modified text 7/14/2004 (C, K A).
July 12, 2004 Filing 403 Reply to response to Motion for leave to Amend Second Amended Answer and Counterclaim filed by Keybank U.S.A., National Association. Related document(s) #391 . (Holbrook, Scott)
July 6, 2004 Filing 402 Exhibit(s) A through N in support of motion for a protective order filed by Swiss Reinsurance America Corporation. (Complete document on file in Clerk's office - 150 pages) Related document(s) #400 , #401 . (H, D)
July 6, 2004 Filing 401 Notice Of Manual Filing Of Addendum Of Exhibits In Connection With Swiss Re's Memorandum Of Law In Support Of Motion For A Protective Order filed by Swiss Reinsurance America Corporation. Related document(s) #400 . (Bonfield, Howard)
July 2, 2004 Filing 400 Motion for protective order filed by Swiss Reinsurance America Corporation. (Attachments: #1 Brief in Support)(Bonfield, Howard)
June 25, 2004 Filing 399 Opposition to Motion for leave to Amend Second Amended Answer and Counterclaim filed by Swiss Reinsurance America Corporation. Related document(s) #391 . (Attachments: #1 Exhibit A #2 Exhibit B #3 # Exhibit C #(4) Exhibit D)(Reiter, Allen) Modified text 6/28/2004 (C, K A).
June 22, 2004 Opinion or Order Filing 398 Order: Motion of Swiss Reinsurance America Corporation and North American Specialty Insurance Company for Clarification of Order Setting Discovery Dates is GRANTED. As such, the Court clarifies that it is not precluding Swiss Re from attempting to rely on random sampling in order to address Key's damages claims. Swiss Re also asks for a seven week extension of the date on which it must produce its schedule of disputed claims and a four week extension of related dates. Swiss Re's request is granted and the dates are reset as follows: On or before August 27, 2004, Swiss Re will present a schedule of disputed claims, which will include a detailed list of systematic errors, and will present the results of its review of the February 2004 loss runs through August 27, 2004. Upon application to the Court and upon good cause shown, Swiss Re may seek to introduce further random sampling of these claims conducted after August 27, 2004; On or before August 27, 2004, Key will present its new claims arising between November 30, 2003 and June 30, 2004; On or before October 8, 2004, Key will modify its claims chart only as to Swiss Re's August 27, 2004 submission; On or before October 8, 2004, Swiss Re will supplement its August 27, 2004 submission with respect to the claims Key added on August 27, 2004; Damages Fact Discovery cutoff extended to October 29, 2004; Key's expert reports, if any, November 15, 2004; Swiss Re/NAS expert reports, if any: December 15, 2004; Expert discovery cutoff: January 25, 2005; Dispositive motions, if any, due on or before February 15, 2005; In light of the amendment to these dates, the status conference currently set for October 5, 2004, is changed to November 22, 2004 at 9:00 a.m. Parties must be available by telephone. Judge Patricia A. Gaughan (Related Doc #371 ) (L-C, S)
June 14, 2004 Filing 397 Addendum of Exhibits (Z - HH) filed by Keybank U.S.A., National Association in connection with Key's Reply Brief in support of its Motion for Sanctions. (Complete Document on file in Clerk's Office) (86 pages bound) Related document(s) #395 , #396 , #374 . (M, P) Modified text 6/18/2004 (C, K A).
June 14, 2004 Filing 396 Notice of Manual Filing addendum of exhibits in Connection with Key's Reply Brief in Support of Its Motion for Sanctions Based on Swiss Re's Concealment of Evidence filed by Keybank U.S.A., National Association. (Holbrook, Scott) Modified text 6/15/2004 (C, K A).
June 14, 2004 Filing 395 Reply to response to Motion for sanctions Based on Swiss Re's Concealment of Evidence (Corrected) filed by Keybank U.S.A., National Association. Related documents #374 and #389 . (Holbrook, Scott) Modified to add relationship to document 398 on 6/15/2004 (S, DJ).
June 11, 2004 Filing 394 Reply to response to Motion to clarify Order Setting Discovery Dates filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. Related document(s) #371 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Kaufman, Arthur) Modified text 6/14/2004 (C, K A).
June 8, 2004 Filing 393 Swiss Re's Reply Memorandum of Law in Further Support of Motion for Summary Judgment. Related document(s) #326 (L-C, S)
June 8, 2004 Filing 392 Key's Reply Brief in Support of its' Motion for Partial Summary Judgment. Related document(s) #322 . (L-C, S)
June 8, 2004 Opinion or Order Order (non-document): Key's Motion for leave To File, Instanter, Reply Brief In Support Of Its Motion For Partial Summary Judgment In Excess Of Page Limit is unopposed and granted. Judge Patricia A. Gaughan (Related Doc #380 )(L-C, S)
June 8, 2004 Opinion or Order Order (non-document): Swiss Re's Motion for leave to file, Instanter, Memorandum of Law in Excess of Page Limit is unopposed and granted. Judge Patricia A. Gaughan (Related Doc #382 )(L-C, S)
June 8, 2004 Filing 391 Motion for leave to Amend Second Amended Answer and Counterclaim filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit A)(Holbrook, Scott)
May 27, 2004 Filing 390 Response to Motion to clarify Order Setting Discovery Dates filed by Keybank U.S.A., National Association. Related document(s) #371 . (Attachments: #1 Exhibit A#2 Exhibit B)(Holbrook, Scott)
May 27, 2004 Filing 389 Opposition to Motion for sanctions filed by Swiss Reinsurance America Corporation. Related document(s) #374 . (Attachments: #1 Addendum of Exhibits A-D)(Reiter, Allen) Modified text 6/1/2004 (C, K A).
May 21, 2004 Opinion or Order Order (non-document): Swiss Reinsurance America Corporation and North American Specialty Insurance Company's Motion for a limited protective order is withdrawn (See Doc. #388 ). Judge Patricia A. Gaughan (Related Doc #366 )(L-C, S)
May 20, 2004 Filing 388 Notice Of Withdrawal Of Swiss Re's Motion For Limited Protective Order filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #366 . (Bonfield, Howard) Modified text of docket entry on 5/28/2004 (B, B).
May 18, 2004 Opinion or Order Order (non-document): Joint Motion for extension of time to File Swiss Re's Opposition to Key's Motion for Sanctions Based on Swiss Re's Concealment of Evidence and Key's Response to Swiss Re's Motion for Clarification of Order Setting Damages Discovery Dates is granted to 5/27/04. Judge Patricia A. Gaughan (Related Doc #385 )(L-C, S)
May 17, 2004 Filing 387 Appendix of Unreported cases in connection with Swiss Re's Reply Memorandum in further support of Motion for Summary Judgment filed by Swiss Reinsurance America Corporation. (158 pages bound) (Complete Document on File in Clerk's Office) Related document(s) #326 , #327 . (M, P) Modified on 5/19/2004 correct typographical error (M, P).
May 17, 2004 Filing 386 Addendum of Exhibits (Related document #384 ) in connection with Swiss reply memorandum of law in further support of motion for summary judgment filed by Swiss Reinsurance America Corporation. (78 pages on file) (motion for leave pending) (E, P) Modified text on 5/18/2004 (E, P). Modified on 5/19/2004 to add link and correct filer. (H, D).
May 17, 2004 Filing 385 Joint Motion for extension of time until 5/27/04 to File Swiss Re's Opposition to Key's Motion for Sanctions Based on Swiss Re's Concealment of Evidence and Key's Response to Swiss Re's Motion for Clarification of Order Setting Damages Discovery Dates filed by Keybank U.S.A., National Association, North American Specialty Insurance Company, Swiss Reinsurance America Corporation. Related document(s) #371 , #374 . (Eckhause, Melissa) Modified text on 5/19/2004 (E, P).
May 17, 2004 Filing 384 Notice Of Manual Filing In Connection With Swiss Re's Reply Memorandum Of Law In Further Support Of Motion For Summary Judgment filed by Swiss Reinsurance America Corporation. Related document(s) #379 , #382 . (Bonfield, Howard)
May 17, 2004 Filing 382 Motion for leave to file reply memorandum of law in excess of page limit instanter filed by Swiss Reinsurance America Corporation. (Attachments: #1 Brief in Support Reply Memorandum of Law)(Reiter, Allen) Modified text on 5/17/2004 (E, P).
May 14, 2004 Filing 383 Addendum of Exhibit(s) to reply brief in support of motion for partial summary judgment filed by Keybank, USA, National Association.(279 pages on file)(document filed prematurely, motion pending to file, attorney notified by phone) (E, P) Modified text to correct filer on 5/18/2004 (E, P).
May 14, 2004 Filing 381 Notice of Manual Filing in Connection with Key's Reply Brief in Support of Its Motion for Partial Summary Judgment filed by Keybank U.S.A., National Association. Related document(s) #380 . (Eckhause, Melissa)
May 13, 2004 Filing 380 Motion for leave To File, Instanter, Reply Brief In Support Of Its Motion For Partial Summary Judgment In Excess Of Page Limit filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit Reply Brief In Support Of Key's Motion For Partial Summary Judgment)(Holbrook, Scott)
May 13, 2004 Filing 379 Reply to response to Motion for summary judgment Motion Instanter filed by Swiss Reinsurance America Corporation. Related document(s) #326 . (Attachments: #1 Brief in Support Reply Memorandum of Law)(Reiter, Allen) Modified text, wrong event used, refiled, see document #382, attorney notified by phone on 5/17/2004 (E, P).
May 6, 2004 Filing 378 Brief in Opposition to Swiss Re's Motion for summary judgment filed by Keybank U.S.A., National Association. Related document(s) #326 . (L-C, S)
May 6, 2004 Opinion or Order Order (non-document): Key's Motion for leave to File, Instanter, Brief in Opposition to Swiss Re's Motion for Summary Judgment in Excess of Page Limit is unopposed and granted. Judge Patricia A. Gaughan (Related Doc #353 )(L-C, S)
May 6, 2004 Opinion or Order Order (non-document): Swiss Re's Motion for leave to file, instanter, memorandum of law in excess of page limit is unopposed and granted. Judge Patricia A. Gaughan (Related Doc. #354 ) (L-C, S)
May 6, 2004 Filing 377 Opposition to Motion for protective order from March 26, 2004 Fed. R. Civ. P. deposition notice served by KeyBank USA, National Association filed by Keybank U.S.A., National Association. Related document(s) #366 . (Attachments: #1 Exhibit 1#2 Exhibit 2)(Holbrook, Scott)
May 4, 2004 Opinion or Order Order (non-document): Motion of Swiss Reinsurance America Corporation and North American Specialty Insurance Company to File Amended Answer to Keybank's Second Amended Answer and Counterclaim is unopposed and granted. Judge Patricia A. Gaughan (Related Doc #363 )(L-C, S)
May 3, 2004 Filing 376 Response to Swiss Re's motion to file amended answer filed by Keybank U.S.A., National Association. Related document(s) #363 . (Holbrook, Scott) Modified text of docket entry on 5/4/2004 (B, B).
April 30, 2004 Filing 375 Addendum of exhibits in connection with brief in support of its motion to compel and for sanctions for concealment of evidence filed by Keybank U.S.A., National Association.(Complete document is on file in the Clerk's Office)(3 pages + 313 attachment pages) Related document(s) #372 , #373 , #374 . (B, B)
April 30, 2004 Filing 374 Motion for sanctions Based on Swiss Re's Concealment of Evidence (Corrected) filed by Keybank USA, National Association. Related document(s) #372 , #373 . (Attachments: #1 Brief in Support)(Brennan, Terry) Modified text of docket entry on 5/3/2004 (B, B). (E-mail sent to attorneys on 5/3/2004 re: signature)
April 30, 2004 Filing 373 Notice of Manual Filing of addendum containing exhibits in connection with its brief in support of its motion for sanctions based on Swiss Re's concealment of evidence filed by Keybank USA, National Association. Related document(s) #372 . (Brennan, Terry) Modified text of docket entry on 5/3/2004 (B, B).
April 30, 2004 Filing 372 Motion for sanctions Based on Swiss Re's Concealment of Evidence filed by Keybank USA, National Association. (Attachments: #1 Brief in Support)(Brennan, Terry) Modified text of docket entry on 5/3/2004 (B, B). (E-mail sent to attorneys on 5/3/2004 re: signature)
April 28, 2004 Filing 371 Motion to clarify Order Setting Discovery Dates filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. (Attachments: #1 Exhibits A and B )(Kaufman, Arthur) Modified text of docket entry on 4/29/2004 (B, B).
April 23, 2004 Opinion or Order Order (non-document): Swiss Re's Motion for Extension of Time to Submit Reply Papers in Support of Motion for Summary Judgment is granted to 5/13/04. Judge Patricia A. Gaughan (Related Doc #368 )(L-C, S)
April 22, 2004 Filing 370 Reply to response to Motion for extension of time to Submit Reply Papers in Support of Motion for Summary Judgment filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #368 . (Kaufman, Arthur) Modified text of docket entry on 4/23/2004 (B, B).
April 21, 2004 Filing 369 Opposition to Swiss Re's Motion for extension of time to Submit Reply Papers in Support of Motion for Summary Judgment filed by Keybank U.S.A., National Association. Related document(s) #368 . (Attachments: #1 Exhibit A)(Holbrook, Scott) Modified text of docket entry on 4/22/2004 (B, B).
April 21, 2004 Filing 368 Motion for a 10 day extension of time to Submit Reply Papers in Support of Motion for Summary Judgment filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. (Kaufman, Arthur) Modified text of docket entry on 4/22/2004 (B, B).
April 19, 2004 Filing 367 Addendum of exhibits in connection with memorandum of law in support of their motion to amend their answer to assert a "void for intentional concealment" defense filed by North American Specialty Insurance Company and Swiss Reinsurance America Corporation.(Complete document is on file in the Clerk's Office)(2 pages + 144 exhibit pages) Related document(s) #363 , #365 . (B, B)
April 19, 2004 Filing 366 Motion for a limited protective order from March 26, 2004 Fed. R. Civ. P. 30 (b) (6) deposition notice served by KeyBank USA, National Association filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. (Attachments: #1 Brief in Support #2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D#6 Exhibit E)(Bonfield, Howard) Modified text of docket entry on 4/20/2004 (B, B). (E-mail sent to attorneys on 4/20/2004 re: signature)
April 19, 2004 Filing 365 Notice of Manual Filing of addendum of exhibits in connection with their memorandum of law in support of their motion to amend their answer to assert a "void for intentional concealment" defense filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #363 . (Reiter, Allen) Modified text of docket entry on 4/20/2004 (B, B).
April 19, 2004 Opinion or Order Filing 364 Order: Keybank USA, National Association's Motion in Limine to Exclude (A) The Testimony of Larry Licitra and (B) Swiss Re's Assertion of the Advice of Counsel Defense is GRANTED to the extent it seeks to exclude the testimony of Larry Licitra. Given that Swiss Re expressly disavows assertion of an advice of counsel defense, Key's motion to preclude Swiss Re from asserting such a defense is irrelevant and, therefore, MOOT. Judge Patricia A. Gaughan (Related Doc #286 )(L-C, S)
April 16, 2004 Filing 363 Motion for Amending Answer to Keybank's Second Amended Answer and Counterclaim to Assert a "Void for Concealment" Affirmative Defense filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. (Attachments: #1 Brief in Support)(Reiter, Allen) Modified text of docket entry on 4/19/2004 (B, B).
April 16, 2004 Filing 362 Addendum of exhibits (Volume II) in connection with its brief in opposition to Swiss Re's motion for summary judgment filed by Keybank U.S.A., National Association.(Document filed under seal pursuant to Court order) Related document(s) #354 , #356 . (B, B) Modified text of docket entry on 4/16/2004 (B, B).
April 16, 2004 Filing 361 Addendum of Exhibits (Volume I) in connection with its brief in opposition to Swiss Re's motion for summary judgment filed by Keybank U.S.A., National Association.(Document filed under seal pursuant to Court order) Related document(s) #354 , #356 . (B, B)
April 16, 2004 Filing 360 Addendum of Exhibits (Volume III) in connection with its brief in opposition to Swiss Re's motion for summary judgment filed by Keybank U.S.A., National Association.(Document filed under seal pursuant to Court order) Related document(s) #354 , #356 . (B, B) Modified text of docket entry on 4/16/2004 (B, B).
April 16, 2004 Filing 359 Addendum of unreported cases in connection with their memorandum of law in opposition to Key's motion for partial summary judgment filed by North American Specialty Insurance Company and Swiss Reinsurance America Corporation.(Complete document is on file in the Clerk's Office)(130 pages) Related document(s) #358 , #322 , #357 . (B, B)
April 16, 2004 Filing 358 Addendum of Exhibits in connection with their memorandum of law in opposition to Key's motion for partial summary judgment filed by North American Specialty Insurance Company and Swiss Reinsurance America Corporation. (Complete document is on file in the Clerk's Office)(3ages + 273 exhibit pages) Related document(s) #322 , #355 , #357 . (B, B)
April 15, 2004 Filing 357 Notice Of Manual Filing Of Appendices In Connection With Swiss Re's And NAS's Memorandum Of Law In Opposition To KeyBank's Motion For Partial Summary Judgment filed by Swiss Reinsurance America Corporation. Related document(s) #355 . (Bonfield, Howard)
April 15, 2004 Filing 356 Notice of Manual Filing in Connection with Key's Brief in Opposition to Swiss Re's Motion for Summary Judgment filed by Keybank U.S.A., National Association. (Holbrook, Scott)
April 14, 2004 Filing 355 Memorandum of Law in Opposition to Motion for partial summary judgment filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #322 . (Reiter, Allen) Modified text of docket entry on 4/15/2004 (B, B). (E-mail sent to attorney on 4/15/2004 re: motions for leave)
April 14, 2004 Filing 354 Motion for leave to file, instanter, memorandum of law in excess of page limit filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #322 . (Reiter, Allen) Modified text of docket entry on 4/15/2004 (B, B). (E-mail sent to attorney on 4/15/2004 re: more appropriate choice of event)
April 14, 2004 Filing 353 Motion for leave to File, Instanter, Brief in Opposition to Swiss Re's Motion for Summary Judgment in Excess of Page Limit filed by Keybank U.S.A., National Association. Related document(s) #326 . (Attachments: #1 Exhibit Brief in Opposition to Swiss Re's Motion for Summary Judgment)(Holbrook, Scott)
April 14, 2004 Opinion or Order Filing 352 Order setting status conference with status conference to be held on 10/5/2004 at 9:00 a.m. Parties must be available by telephone. To the extent the parties wish to have mediation, they may contact the Court and request it.(issued on 4/14/2004) . Signed by Judge Patricia A. Gaughan on 4/14/2004. (B, B)
April 14, 2004 Opinion or Order Filing 351 Order granting Keybank's motion for order establishing procedure and schedule for damages discovery (Related Doc #293 ); fact discovery cutoff is 9/30/2004, Key's expert reports, if any, are due by 10/15/2004, Swiss Re/NAS expert reports, if any, are due by 11/15/2004, expert discovery cutoff is 12/15/2004, dispositive motions, if any, are due by 1/15/2005. Signed by Judge Patricia A. Gaughan on 4/14/2004.(issued on 4/14/2004)(B, B) Modified text of docket entry to correct typo on 4/15/2004 (B, B).
April 14, 2004 Opinion or Order Filing 350 Order denying Mr. Friesner's motion for protective order, the Court finds that a fifth day of deposition limited to three hours of actual deposition time on the issue of liability may proceed, moreover, the Court finds that Swiss Re must seek leave to the extent it seeks to depose Mr. Friesner on the issue of damages (Related Doc #308 )(issued on 4/14/2004). Signed by Judge Patricia A. Gaughan on 4/14/2004.(B, B)
April 14, 2004 Opinion or Order Filing 349 Order granting Swiss Re's Motion to compel deposition testimony of Keybank expert David Tritton over improper instructions and denying Swiss Re's request for sanctions (Related Doc #290 )(issued on 4/14/2004). Signed by Judge Patricia A. Gaughan on 4/14/2004.(B, B)
April 13, 2004 Opinion or Order Filing 348 Marginal Entry Order denying Key's cross-motion for an order that its Amended First Request for Admissions Nos. 3, 4, 5, 13, 14, and 15 are deemed admitted by Swiss Re (Related Doc #331 )(issued on 4/14/2004). Signed by Judge Patricia A. Gaughan on 4/13/2004.(B, B)
April 13, 2004 Opinion or Order Filing 347 Marginal Entry Order granting as unopposed Swiss Reinsurance America Corporation's and North America Specialty Insurance Company's motion for leave to file, instanter, memorandum of law in excess of page limit (Related Doc #324 )(issued on 4/14/2004). Signed by Judge Patricia A. Gaughan on 4/13/2004.(B, B)
April 13, 2004 Filing 346 Memorandum of Law in Support of its motion for partial summary judgment filed by Keybank U.S.A., National Association. Related document(s) #322 . (B, B)
April 13, 2004 Opinion or Order Filing 345 Marginal Entry Order granting as unopposed KeyBank USA, National Association's motion for leave to file instanter, memorandum of law in support of its motion for summary judgment in excess of page limit (Related Doc #323 )(issued on 4/14/2004). Signed by Judge Patricia A. Gaughan on 4/13/2004.(B, B) Modified text of docket entry on 4/14/2004 (B, B).
April 13, 2004 Opinion or Order Filing 344 Marginal Entry Order denying Swiss Reinsurance America Corporation's and North American Specialty Insurance Company's motion for admissions from Keybank to Swiss Re's Second Request for Admissions (Related Doc #302 )(issued on 4/14/2004). Signed by Judge Patricia A. Gaughan on 4/13/2004.(B, B)
April 7, 2004 Filing 343 Reply to response to Cross Motion for Order That Key's Amended First Request for Admissions Nos. 3, 4, 5, 13, 14 and 15 Are Deemed Admitted by Swiss Re filed by Keybank U.S.A., National Association. Related document(s) #331 . (Colombo, Louis)
March 29, 2004 Filing 342 Reply in further support of its Rule 36 (a) motion for admissions to its Second Request for Admissions and in opposition to Keybank's cross-motion for admissions to its amended First Request for Admissions [CORRECTED VERSION OF MOTION PAPERS] [PLEASE DISREGARD DOCUMENT # 341] filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #302 , #331 . (Attachments: #1 Exhibit A#2 Exhibit B)(Bonfield, Howard) Modified text of docket entry on 3/30/2004 (B, B).
March 29, 2004 Filing 341 Reply in further support of its Rule 36 (a) motion for admissions to its Second Request for Admissions and in opposition to Keybank's cross-motion for admissions to its amended First Request for Admissions filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #302 , #331 . (Attachments: #1 Exhibit A#2 Exhibit B)(Bonfield, Howard) Modified text of docket entry on 3/30/2004 (B, B).
March 24, 2004 Filing 340 Reply to response to Motion for protective order filed by Todd B. Friesner. Related document(s) #308 . (O'Malley, Anthony) Modified text of docket entry on 3/25/2004 (B, B).
March 15, 2004 Filing 339 Addendum of Exhibits (Volume II) in connection with its memorandum of law in support of its motion for summary judgment (motion for leave to file the memorandum of law was currently pending as of 3/15/2004) (Complete document is on file in the Clerk's Office)(1 page + 183 attachment pages) filed by Keybank U.S.A., National Association. Related document(s) #324 , #329 . (B, B) Modified text of docket entry on 3/16/2004 (B, B).
March 15, 2004 Filing 338 Addendum of Exhibits (Volume I) in connection with its memorandum of law in support of its motion for summary judgment (motion for leave to file the memorandum of law was currently pending as of 3/15/2004) (Complete document is on file in the Clerk's Office)(3 pages + 346 attachment pages) filed by Keybank U.S.A., National Association. Related document(s) #324 , #329 . (B, B)
March 15, 2004 Filing 337 Appendix of unreported cases in connection with their memorandum of law in support of their motion for summary judgment(Complete document is on file in the Clerk's Office)(5 pages + 140 attachment pages) filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. Related document(s) #326 , #328 , #330 . (B, B)
March 15, 2004 Filing 336 Addendum of Exhibits in connection with their statement of undisputed facts in support of their motion for summary judgment (Complete document is on file in the Clerk's Office)(3 pages + 452 pages) filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. Related document(s) #325 , #326 , #330 . (B, B)
March 15, 2004 Filing 335 Memorandum of Law in Opposition to Friesner's motion for protective order filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #308 . (Attachments: #1 Exhibit 1#2 Exhibit 2)(Reiter, Allen) Modified text of docket entry on 3/16/2004 (B, B).
March 15, 2004 Filing 334 Affidavit of Allen G. Reiter filed by Swiss Reinsurance America Corporation. Related document(s) #308 . (Attachments: #1 Exhibit A#2 Exhibit B)(Reiter, Allen) Modified text of docket entry on 3/16/2004 (B, B). (E-mail sent to attorney on 3/16/2004 re: more appropriate choice of event)
March 15, 2004 Filing 333 Reply to response to Motion for Order Establishing Procedure And Schedule For Damages Discovery; Request for Case Management Conference filed by Keybank U.S.A., National Association. Related document(s) #293 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Holbrook, Scott) Modified text of docket entry on 3/16/2004 (B, B). (E-mail sent to attorney on 3/16/2004 re: more appropriate choice of event)
March 15, 2004 Filing 332 Brief in support of its cross motion for an order that its First Amended Request for Admission Nos. 3, 4, 5, 13, 14, and 15 are deemed admitted by Swiss Re and in opposition to motion for pursuant to Rule 36(a) for admissions from KeyBank to Swiss Re's Second Request For Admissions filed by Keybank U.S.A., National Association. Related document(s) #302 . (Attachments: #1 Exhibit A#2 Exhibit B)(Colombo, Louis) Modified text of docket entry on 3/16/2004 (B, B).
March 15, 2004 Filing 331 Cross Motion for Order That Key's Amended First Request for Admissions Nos. 3, 4, 5, 13, 14 and 15 Are Deemed Admitted by Swiss Re filed by Keybank U.S.A., National Association. Related document(s) #302 . (Attachments: #1 Brief in Support #2 Exhibit A#3 Exhibit B)(Colombo, Louis) Modified text of docket entry on 3/16/2004 (B, B).
March 15, 2004 Filing 330 Notice Of Manual Filing (of Addendum Of Exhibits and Appendix Of Unreported Cases) In Connection With Their Motion For Summary Judgment filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #326 . (Bonfield, Howard) Modified text of docket entry on 3/16/2004 (B, B).
March 15, 2004 Filing 329 Notice Of Manual Filing In Connection With Key's Memorandum Of Law In Support Of Its Motion For Partial Summary Judgment filed by Keybank U.S.A., National Association. Related document(s) #324 . (Holbrook, Scott)
March 13, 2004 Filing 328 Corrected Memorandum of Law in Support of their motion for summary judgment filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #324 , #325 , #326 , #327 . (Reiter, Allen) (filed prematurely) Modified text of docket entry on 3/15/2004 (B, B). (E-mail sent to attorney on 3/15/2004 re: more appropriate choice of event)
March 12, 2004 Filing 327 Brief in Support of their motion for summary judgment filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #326 , #324 , #325 . (Reiter, Allen) Modified text of docket entry on 3/15/2004 (B, B). (filed prematurely) (E-mail sent to attorney re: premature filing on 3/15/2004)
March 12, 2004 Filing 326 Motion for summary judgment filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #325 , #324 . (Reiter, Allen) Modified text of docket entry on 3/15/2004 (B, B).
March 12, 2004 Filing 325 Statement of Undisputed Facts in Support of Motion for Summary Judgment filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #324 . (Reiter, Allen) Modified text of docket entry on 3/15/2004 (B, B). (E-mail sent to attorney on 3/15/2004 re: more appropriate choice of event)
March 12, 2004 Filing 324 Motion for leave to file instanter a memorandum of law in excess of page limit filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. (Reiter, Allen) Modified text of docket entry on 3/15/2004 (B, B).
March 12, 2004 Filing 323 Motion for leave To File, Instanter, Memorandum Of Law In Support Of Its Motion For Partial Summary Judgment In Excess Of Page Limit filed by Keybank U.S.A., National Association. Related document(s) #322 . (Attachments: #1 Memorandum of Law in Support of Key's Motion for Partial Summary Judgment)(Holbrook, Scott)
March 12, 2004 Filing 322 Motion for partial summary judgment filed by Keybank U.S.A., National Association. (Holbrook, Scott)
March 12, 2004 Filing 321 Reply to response to Motion for Order Compelling Deposition Testimony Of KeyBank Expert David Tritton Over Improper Instructions Not to Answer And for Sanctions (accompanying affidavit in suuport of motion and exhibits to be filed separately) filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #290 . (Attachments: #1 Exhibit A)(Bonfield, Howard) Modified text of docket entry on 3/15/2004 (B, B).
March 11, 2004 Filing 320 Joint Notice Of Withdrawal Of Motions To Compel Production Of Documents filed by Keybank USA, National Association. Related document(s) #295 , #313 . (Brennan, Terry)
March 11, 2004 Opinion or Order Order (non-document): Key's Motion to compel Responses To Key's Seventh Set Of Interrogatories From Swiss Reinsurance America Corporation And North AmericanSpecialty Insurance Company is withdrawn per Doc. #318 . Judge Patricia A. Gaughan (Related Doc #294 )(L-C, S)
March 11, 2004 Opinion or Order Order (non-document): Key's Motion to compel production of Documents by Swiss Reinsurance America Corporation and North American Specialty Insurance Company is withdrawn per Doc #320 . Judge Patricia A. Gaughan (Related Doc #295 )(L-C, S)
March 11, 2004 Opinion or Order Order (non-document): Swiss Re's Motion in limine To Exclude Or Discount Testimony Of Two Of KeyBank's Expert Witnesses Due To Spoliation Of Evidence And To Compel Production Of Electronic Evidence is withdrawn per Doc. #319 . Judge Patricia A. Gaughan (Related Doc #305 )(L-C, S)
March 11, 2004 Opinion or Order Order (non-document): Swiss Re's Cross-Motion to Compel Keybank's Production of Documents is withdrawn per Doc.#320 . Judge Patricia A. Gaughan (Related Doc. #313 ) (L-C, S)
March 10, 2004 Filing 319 Notice Of Withdrawal Of Swiss Re's Motion In Limine To Exclude Or Discount Testimony Of Two Of KeyBank's Expert Witnesses Due To Spoliation Of Evidence And To Compel Production Of Electronic Evidence filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #305 . (Bonfield, Howard) Modified text of docket entry on 3/11/2004 (B, B).
March 9, 2004 Filing 318 Notice Of Withdrawal Of Key's Motion To Compel Responses To Seventh Set Of Interrogatories From Swiss Re And NAS filed by Keybank U.S.A., National Association. Related document(s) #294 . (Holbrook, Scott)
March 2, 2004 Filing 317 Addendum of Exhibits in connection with their opposition to Keybank's motion to compel responses to Seventh Set of Interrogatories from Swiss Re and NAS (Complete document is on file in the Clerk's Office) (2 pages + 22 attachment pages) filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. Related document(s) #294 , #315 , #312 . (B, B)
March 2, 2004 Filing 316 Addendum of Exhibits in connection with its opposition to Keybank's motion to compel Swiss Re's production of documents and cross-motion to compel Keybank's production of documents (Complete document is on file in the Clerk's Office)(2 pages + 84 attachment pages) filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. Related document(s) #295 , #314 , #313 . (B, B)
March 2, 2004 Filing 315 Notice Of Manual Filing Of Addendum Of Exhibits In Connection With Swiss Re's Opposition To KeyBank's Motion To Compel Responses To Seventh Set Of Interrogatories From Swiss Re And NAS filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #312 . (Bonfield, Howard) Modified text of docket entry on 3/3/2004 (B, B).
March 2, 2004 Filing 314 Notice Of Manual Filing Of Addendum Of Exhibits In Connection With Swiss Re's Opposition To KeyBank's Motion To Compel Swiss Re's Production Of Documents And Cross-Motion To Compel KeyBank's Production Of Documents filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #313 . (Bonfield, Howard) Modified text of docket entry on 3/3/2004 (B, B).
March 1, 2004 Filing 313 Opposition to Motion to compel discovery of Documents by Swiss Reinsurance America Corporation and North American Specialty Insurance Company And Cross-Motion To Compel KeyBank's Production Of Documents filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Comapny. Related document(s) #295 . (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)(Bonfield, Howard) Modified text of docket entry on 3/2/2004 (B, B). (E-mail sent to attorney on 3/2/2004 re: more appropriate choice of event).
March 1, 2004 Filing 312 Opposition to Motion to compel discovery Responses To Key's Seventh Set Of Interrogatories From Swiss Reinsurance America Corporation And North American Specialty Insurance Company filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #294 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G)(Bonfield, Howard) Modified text of docket entry on 3/2/2004 (B, B).
March 1, 2004 Filing 311 Opposition to Motion for Order Establishing Procedure And Schedule For Damages Discovery filed by Swiss Reinsurance America Corporation. Related document(s) #293 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Bonfield, Howard)
March 1, 2004 Filing 310 Reply to response to Motion in limine To Exclude (A) The Testimony of Larry Licitra and (B) Swiss Re's Assertion of the Advice of Counsel Defense filed by Keybank USA, National Association. Related document(s) #286 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Brennan, Terry)
February 27, 2004 Filing 309 Opposition to Swiss Re's Motion for Order Compelling Deposition Testimony Of KeyBank Expert David Tritton Over Improper Instructions And For Sanctions (accompanying affidavit in support of motion and exhibits to be filed separately) filed by Keybank U.S.A., National Association. Related document(s) #290 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Holbrook, Scott) Modified text of docket entry on 3/1/2004 (B, B). Modified on 3/1/2004 - Incorrect copy of Exhibit A filed; attorney to refile corrected copy. (H, C).
February 27, 2004 Filing 308 Motion for protective order filed by Todd B. Friesner. (Attachments: #1 Exhibit A)(O'Malley, Anthony)
February 24, 2004 Filing 307 Addendum of Exhibit(s) in connection with Swiss Re's memorandum of law in support of its motion in limine to exclude or discount testimony of two of Keybank's expert witnesses due to spoilation of evidence and to compel production of electronic evidence (Complete document is on file in the Clerk's Office)(1 page + 43 attachment pages) filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. Related document(s) #305 , #306 . (B, B) Modified text of docket entry on 2/26/2004 (B, B).
February 24, 2004 Filing 306 Notice Of Manual Filing Of Addendum Of Exhibits In Connection With Swiss Re's Memorandum Of Law In Support Of Its Motion In Limine To Exclude Or Discount Testimony Of Two Of KeyBank's Expert Witnesses Due To Spoliation Of Evidence And To Compel Production Of Electronic Evidence filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #305 . (Bonfield, Howard) Modified text of docket entry on 2/25/2004 (B, B).
February 24, 2004 Filing 305 Motion in limine To Exclude Or Discount Testimony Of Two Of KeyBank's Expert Witnesses Due To Spoliation Of Evidence And To Compel Production Of Electronic Evidence filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. (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)(Bonfield, Howard) Modified text of docket entry on 2/25/2004 (B, B).
February 24, 2004 Filing 304 Addendeum of Exhibit(s) in connection with Swiss Re's brief in support of its motion pursuant to Rule 36 (a) for admissions form Keybank to its Second Request for Admissions (Complete document is on file in the Clerk's Office)(3 pages + 130 exhibit pages) filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. Related document(s) #302 , #303 . (B, B)
February 24, 2004 Filing 303 Notice Of Manual Filing Of Addendum Of Exhibits In Connection With Swiss Re's Brief In Support Of Its Motion Pursuant To Rule 36(a) For Admissions From KeyBank To Swiss Re's Second Request For Admissions filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #302 . (Bonfield, Howard) Modified text of docket entry on 2/25/2004 (B, B).
February 24, 2004 Filing 302 Motion for Order Pursuant To Rule 36(a) For Admissions From KeyBank To Swiss Re's Second Request For Admissions filed by Swiss Reinsurance America Corporation. (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)(Bonfield, Howard)
February 19, 2004 Opinion or Order Filing 301 Order: The Court is in receipt of letters dated February 11, 2004, and February 18, 2004, from counsel for Swiss Reinsurance America Corporation and North American Specialty Insurance Company ("Swiss Re") concerning the parties' inability to agree on damages discovery dates. The Court is also in receipt of Keybank's Motion for Order Establishing Procedure for Damages Discovery, as well as a letter addressed to the Court accompanying that motion. Although the Court will not rule on Key's motion until it is fully briefed, damages discovery is to continue pending a ruling so that each party will be fully able to explain the nature and extent of the damages discovery needed. This includes the 30(b)(6) deposition alluded to in Swiss Re's letters. The Court is greatly disturbed at the inability of the parties to reach an agreement on a matter as simple as setting a discovery cutoff date. Judge Patricia A. Gaughan (L-C, S)
February 17, 2004 Filing 300 Memorandum of law in opposition to Keybank's motion in limine to preclude testimony filed by Swiss Reinsurance America Corporation. Related document(s) #286 . (Attachments: #1 Exhibit A)(Bonfield, Howard) Modified text of docket entry on 2/18/2004 (B, B).
February 13, 2004 Filing 299 Exhibit(s) C-J in support of its brief in support of its motion to compel production of documents by Swiss Reinsurance America Corporation and North American Specialty Insurance Company (Document filed under seal pursuant to Court order) filed by Keybank U.S.A., National Association. Related document(s) #295 , #296 , #297 . (B, B)
February 13, 2004 Filing 298 Addendum of Exhibit(s) in connection with brief in support of its motion to compel production of documents by Swiss Reisurance America Corporation and North American Specialty Insurance Company (Complete document is on file in the Clerk's Office) (1 page + 87 attachment pages) filed by Keybank U.S.A., National Association. Related document(s) #295 , #296 , #297 . (B, B)
February 13, 2004 Filing 297 Notice of Manual Filing of an addendum containing exhibits in connection with the brief in support of its motion to compel production of documents by Swiss Reinsurance America Corporation and North American Specialty Insurance Company filed by Keybank U.S.A., National Association. Related document(s) #296 . (Eckhause, Melissa) Modified text of docket entry on 2/17/2004 (B, B).
February 13, 2004 Filing 296 Brief in Support of its Motion to Compel Production of Documents by Swiss Reinsurance America Corporation and North American Specialty Insurance Company filed by Keybank U.S.A., National Association. Related document(s) #295 . (Eckhause, Melissa) Modified text of docket entry on 2/17/2004 (B, B).
February 13, 2004 Filing 295 Motion to compel production of Documents by Swiss Reinsurance America Corporation and North American Specialty Insurance Company filed by Keybank U.S.A., National Association. (Eckhause, Melissa) Modified text of docket entry on 2/17/2004 (B, B).
February 13, 2004 Filing 294 Motion to compel Responses To Key's Seventh Set Of Interrogatories From Swiss Reinsurance America Corporation And North American Specialty Insurance Company with brief in support filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E)(Holbrook, Scott) Modified text on 2/17/2004 (B, B).
February 13, 2004 Filing 293 Motion for Order Establishing Procedure And Schedule For Damages Discovery filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3)(Holbrook, Scott)
February 11, 2004 Filing 292 Notice Of Manual Filing Of Affidavit of Gary Meyerhoff in connection with Swiss Re's Motion To Compel Deposition Testimony Of KeyBank Expert David Tritton Over Improper Instructions And For Sanctions filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #290 , #291 . (Bonfield, Howard) Modified text of docket entry on 2/12/2004 (B, B).
February 11, 2004 Filing 291 Affidavit Of Gary Meyerhoff (With Exhibits) In Support Of Motion To Compel Deposition Testimony Of KeyBank Expert David Tritton Over Improper Instructions And For Sanctions filed by Swiss Reinsurance America Corporation. Related document(s) #290 . (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)(Bonfield, Howard) Modified text of docket entry on 2/12/2004 (B, B).
February 11, 2004 Filing 290 Motion to Compel Deposition Testimony Of KeyBank Expert David Tritton Over Improper Instructions And For Sanctions with Memorandum in Support (accompanying affidavit in support of motion and exhibits to be filed separately) filed by Swiss Reinsurance America Corporation and North Amercian Specialty Insurance Company. (Bonfield, Howard) Modified on 2/12/2004 (B, B). (E-mail sent to attorney on 2/12/2004 re: two part motions).
February 6, 2004 Filing 289 Subpoena Returned Executed; served upon Todd Friesner by personal service on 2/5/2004 filed by Swiss Reinsurance America Corporation (B, B)
January 29, 2004 Filing 288 Addendum of exhibits to memorandum in support of motion in limine to exclude Licitra testimony and assertion of advice of counsel defense filed by Keybank U.S.A., National Association. Related document(s) #286 , #287 . Complete 65 page document on file in Clerk's Office. (C, K A) Modified text 1/30/2004 (C, K A).
January 29, 2004 Filing 287 Notice of Manual Filing of Addendum Containing Exhibits In Connection With Key's Motion In Limine To Exclude (A) The Testimony of Larry Licitra and (B) Swiss Re's Assertion of the Advice of Counsel Defense filed by Keybank U.S.A., National Association. Related document(s) #286 . (Holbrook, Scott)
January 29, 2004 Filing 286 Motion in limine To Exclude (A) The Testimony of Larry Licitra and (B) Swiss Re's Assertion of the Advice of Counsel Defense filed by Keybank U.S.A., National Association. (Holbrook, Scott)
December 15, 2003 Filing 285 Memorandum of Opinion and Order: The Motion of Swiss Re to Stay Keybank's Breach of the Duty of Good Faith Claim is GRANTED in PART and DENIED in PART. The Court will bifurcate the bad faith claim for purposes of trial. Swiss Re's request to stay discovery as it relates to this claim is denied. Judge Patricia A. Gaughan (Related Doc #244 )(L-C, S)
December 15, 2003 Filing 284 Memorandum of Opinion and Order: Motion of Swiss Reinsurance America Corporation and North America Specialty Insurance Company for Reconsideration of Court's Memorandum of Opinion and Order Dated September 30, 2003 is DENIED. In addition, Swiss Re's Motion to Compel Keybank's 30(b)(6) Deposition and Production of Documents is also DENIED. Judge Patricia A. Gaughan (Related Doc #239 ), (Related Doc #259 )(L-C, S)
December 15, 2003 Opinion or Order Filing 283 Order: The Court hereby ORDERS Key to respond to the Second Request for Admission within 30 days of this Order. In addition, the Court hereby amends it pretrial order for purposes of this case to clarify that, from this point forward, requests for admission are subject to discovery cutoffs. Accordingly, such requests must be filed in a manner that allows the recipient sufficient time to file a response prior to the expiration of either the expert or damages discovery deadline. Judge Patricia A. Gaughan (L-C, S)
December 15, 2003 Marginal Entry Order (NON-DOCUMENT): Key's Motion to Supplement Its Memorandum in Opposition to Motion of Swiss Re to Stay Key's Breach of the Duty of Good Faith Claim is unopposed and granted. Judge Patricia A. Gaughan (Related Doc #264 )(L-C, S)
December 15, 2003 Marginal Entry Order (NON-DOCUMENT): Key's Motion for leave to File, Instanter, Surreply to Swiss Re's Motion to Stay Key's Breach of the Duty of Good Faith Claim is DENIED. Judge Patricia A. Gaughan (Related Doc #278 )(L-C, S)
November 23, 2003 Filing 282 Response to Key's Notice of Additional Authority Regarding Swiss Re's Motion For Reconsideration Of Court's Memorandum Of Opinion And Order Dated September 30, 2003 filed by Swiss Reinsurance America Corporation. Related document(s) #281 . (Bonfield, Howard) Modified text of docket entry on 11/24/2003 (B, B).
November 21, 2003 Filing 281 Notice of Additional Authority Regarding Swiss Re's Motion for Reconsideration of Court's Memorandum of Opinion and Order Dated September 30, 2003 filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit A)Related document(s) #268 , #280 , #259 . (Holbrook, Scott)
November 14, 2003 Filing 280 Reply to response to Motion for reconsideration of Court's Memorandum Of Opinion And Order Dated September 30, 2003 filed by Swiss Reinsurance America Corporation. Related document(s) #259 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E)(Bonfield, Howard)
November 14, 2003 Filing 279 Opposition to Motion for leave to File, Instanter, Surreply to Swiss Re's Motion to Stay Key's Breach of the Duty of Good Faith Claim filed by Swiss Reinsurance America Corporation. Related document(s) #278 . (Reiter, Allen)
November 13, 2003 Filing 278 Motion for leave to File, Instanter, Surreply to Swiss Re's Motion to Stay Key's Breach of the Duty of Good Faith Claim filed by Keybank U.S.A., National Association. Related document(s) #274 , #244 . (Attachments: #1 Key's Surreply to Swiss Re's Motion to Stay Key's Breach of the Duty of Good Faith Claim)(Holbrook, Scott)
November 10, 2003 Filing 277 Addendum of Exhibit(s) A through Q in support of reply memorandum in support of motion pursuant to Rule 42(b) filed by Swiss Reinsurance America Corporation. Related document(s) #276 , #259 . (77 pages; Complete Document on file in Clerk's Office(E, P)
November 10, 2003 Filing 276 Addendum to Exhibits to Reply in response to Motion to stay Bad Faith Claim (Notice of Manual Filing) filed by Swiss Reinsurance America Corporation. Related document(s) #244 , #274 . (Reiter, Allen) Modified text on 11/12/2003 (H, D).
November 9, 2003 Filing 275 Letter Of Swiss Re Submitted In Reply To KeyBank's Letter Opposing Swiss Re's Letter Seeking To Compel Response To Swiss Re's Second Request For Admissions filed by Swiss Reinsurance America Corporation. Related document(s) #273 . (Attachments: #1 Exhibit A)(Bonfield, Howard)
November 7, 2003 Filing 274 Reply to response to Motion to stay Bad Faith Claim filed by Swiss Reinsurance America Corporation. Related document(s) #244 . (Attachments: #1 Appendix Exhibits A-Q)(Reiter, Allen)
November 6, 2003 Filing 273 Letter Opposing Swiss Re's Letter Seeking to Compel Response to Swiss Re's Second Request for Admissions filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Holbrook, Scott)
November 5, 2003 Marginal Entry Order (NON-DOCUMENT) Granting Motion for admission pro hac vice of Eva Lopez-Paredes for North American Specialty Insurance Company and Swiss Reinsurance America Corporation. Judge Patricia A. Gaughan (Related Doc #270 )(L-C, S)
November 5, 2003 Marginal Entry Order (NON-DOCUMENT Granting Motion to appear pro hac vice, attorney Charles A. Duffield for North American Specialty Insurance Company and Swiss Reinsurance America Corporation. Judge Patrcia A. Gaughan (Related Doc #271 )(L-C, S)
November 4, 2003 Filing 272 Notice of Filing Affidavits of Charles A. Duffield and Eva Lopez-Paredes in Relation to Pro Hac Vice Motions (Documents Nos. 270 and 271) filed by North American Specialty Insurance Company, and Swiss Reinsurance America Corporation. (Attachments: #1 Affidavit Eva Lopez-Paredes#2 Affidavit Charles A. Duffield) (Kaufman, Arthur) Modified text of docket entry on 11/5/2003 (B, B).
November 3, 2003 Filing 271 Motion for admission pro hac vice of Charles A. Duffield filed by North American Specialty Insurance Company and Swiss Reinsurance America Corporation. (Kaufman, Arthur) Modified text of docket entry on 11/3/2003 (B, B).
November 3, 2003 Filing 270 Motion for admission pro hac vice of Eva Lopez-Paredes filed by North American Specialty Insurance Company and Swiss Reinsurance America Corporation. (Kaufman, Arthur) Modified text of docket entry on 11/3/2003 (B, B).
October 31, 2003 Filing 269 Notice of Manual Filing of addendum containing exhibits in support of its memorandum in opposition to the motion of Swiss Reinsurance America, et al for reconsideration of Court's memorandum of opinion and order dated 9/30/2003 filed by Keybank U.S.A., National Association. Related document(s) #268 . (Eckhause, Melissa) Modified text of docket entry on 11/3/2003 (B, B).
October 31, 2003 Filing 268 Memorandum in Opposition to the Motion of Swiss Reinsurance America Corp., et al., For Reconsideration of Court's Memorandum of Opinion and Order Dated September 30, 2003 filed by Keybank U.S.A., National Association. Related document(s) #259 . (Attachments: #1 Appendix) (Eckhause, Melissa) Modified text of docket entry on 11/3/2003 (B, B).
October 30, 2003 Filing 267 Minutes/Order: Status conference was held. By agreement of the parties, Dispositive Motion deadline is extended to March 12, 2004. Status conference is set January 12, 2004 at 9:00 AM and will be conducted by telephone with the Court initiating the call. Judge Patricia A. Gaughan (L-C, S)
October 29, 2003 Opinion or Order Filing 266 Order Regarding The Filing Of Exhibits: Given the extensive number of exhibits appended to briefs filed in this case, the Court hereby Orders the parties to manually file a bound and tabbed copy of exhibits, together with an index, if the number of exhibits attached to any brief exceeds five. In addition, the parties must continue to comply with the electronic filing rules. Judge Patricia A. Gaughan (L-C, S)
October 28, 2003 Opinion or Order Filing 265 Order: This Court is in receipt of a letter dated October 22, 2003 from attorney Robert Kehoe requesting that this Court "admonish Keybank's counsel" to refrain from directly contacting former employees of Reliance Insurance Company. Mr. Kehoe is the attorney of record for Reliance Insurance Company. Mr. Kehoe's request for "admonishment" is DENIED. Judge Patricia A. Gaughan (L-C, S)
October 22, 2003 Filing 264 Motion to supplement Its Memorandum in Opposition to Motion of Swiss Re to Stay Key's Breach of the Duty of Good Faith Claim filed by Keybank U.S.A., National Association. Related document(s) #257 . (Attachments: #1 Exhibit U#2 Exhibit V)(Holbrook, Scott)
October 20, 2003 Marginal Entry Order (NON-DOCUMENT): Key's Motion for Extension of Time to Produce One of its Expert Reports is Granted to 11/3/03. Judge Patricia A. Gaughan (L-C, S)
October 17, 2003 Opinion or Order Filing 263 Order: Swiss Re's Motion for Leave to Re-Depose Stephen J. Suhey and Glenn R. Fischer is DENIED. Judge Patricia A. Gaughan (Related Doc #234 )(L-C, S)
October 16, 2003 Marginal Entry Order (NON-DOCUMENT): Motion for admission pro hac vice of Laura Spear is DENIED. HARTFORD IS NOT A PARTY. NO REASON IS GIVEN FOR THE REQUESTED APPEARANCE AND PARTICIPATION OF COUNSEL. Judge Patricia A. Gaughan (Related Doc #255 )(L-C, S)
October 16, 2003 Filing 262 Exhibit N in support of Keybank's memorandum in opposition to motion of Swiss Re to stay Keybank's breach of duty of good faith claim (Document filed under seal pursuant to Court order) filed by Keybank U.S.A., National Association. Related document(s) #261 , #257 . (B, B)
October 16, 2003 Filing 261 Notice of manual filing of confidential exhibit N in support of Keybank's memoranudm in opposition to motion of Swiss Re to stay Keybank's breach of duty of good faith claim filed by Keybank U.S.A., National Association. Related document(s) #257 . (B, B)
October 16, 2003 Filing 260 Motion for a 14 day extension of time to Produce One of its Expert Reports filed by Keybank USA, National Association. Related document(s) #202 . (Brennan, Terry) Modified text of docket entry on 10/16/2003 (B, B).
October 15, 2003 Filing 259 Motion for reconsideration of Court's Memorandum Of Opinion And Order Dated September 30, 2003 with Memorandum in Support filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Related document(s) #253 . (Attachments: #1 Exhibit A-E)(Bonfield, Howard) Modified text of docket entry on 10/16/2003 (B, B).
October 15, 2003 Filing 258 Reply (Related Motion(s) #239 ) in support of its motion to compel KeyBank's 30(b)(6) deposition and production of documents filed by Swiss Reinsurance America Corporation. Related document(s) #239 . (Bonfield, Howard) Modified text of docket entry on 10/16/2003 (B, B).
October 15, 2003 Filing 257 Memorandum in Opposition (Related Motion(s) #244 ) to Motion of Swiss Re to Stay Key's Breach of Duty of Good Faith Claim filed by Keybank U.S.A., National Association. Related document(s) #244 . (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)(Eckhause, Melissa) Modified text of docket entry on 10/16/2003 (B, B).
October 14, 2003 Opinion or Order Filing 256 Order: On October 9, 2003, this Court's judicial assistant received a call from an attorney representing Keybank U.S.A., requesting that this Court hold a conference call to address a dispute over the Court's scheduling order dated April 30, 2003. Specifically, the Court's judicial assistant was informed that the parties need clarification concerning when expert reports must be produced. The Court finds that arguments from the parties are not necessary and, accordingly, declines to hold a conference call to address this issue. Although the Court believes its order is sufficiently clear, the Court hereby clarifies the Order as follows. On or before October 20, 2003, expert reports must be produced by either party on any issue for which that party bears the burden of proof at trial. Thus, to the extent the claimant believes expert testimony is necessary for the success of its claim, such expert report must be produced on or before October 20th. Similarly, to the extent any defending party seeks to introduce expert evidence on an affirmative defense for which it bears the burden of proof, any expert report supporting that defense is due on or before October 20th. To the extent that a party with the burden of proof chooses to forego expert testimony on a particular issue, the opposing party may nonetheless produce an expert report on the issue on or before December 9, 2003. In this fashion, a party with the burden of proof cannot prevent the opposing party from presenting expert evidence simply by failing to file an expert report. Judge Patricia A. Gaughan #187 (L-C, S)
October 14, 2003 Filing 255 Motion for admission pro hac vice of Laura Spear filed by Hartford Specialty Company. (Attachments: #1 Affidavit of Laura Spear)(Duhamel, Marcel) Modified text of docket entry on 10/15/2003 (B, B).
October 10, 2003 Filing 254 Reply (Related Motion(s) #234 ) In Support Of Swiss Re's Motion For Leave To Re-Depose Stephen J. Suhey And Glenn R. Fischer filed by Swiss Reinsurance America Corporation. Related document(s) #234 . (Bonfield, Howard)
September 30, 2003 Filing 253 Memorandum of Opinion and Order: The Court hereby DENIES Motion of Swiss Reinsurance America Corporation and North America Specialty Insurance Company for Leave to File Third-Party Complaints and Amended Answer. Judge Patricia A. Gaughan (Related Doc #200 )(L-C, S)
September 29, 2003 Marginal Entry Order (NON-DOCUMENT): Swiss Re's Unopposed Motion for extension of time to file reply in further support of Swiss Re's Motion To Stay Key's Breach Of The Duty Of Good Faith Claim is Granted to 11/7/03. Judge Patricia A. Gaughan (Related Doc #252 )(L-C, S)
September 29, 2003 Marginal Entry Order (NON-DOCUMENT): Swiss Re'S Unopposed Motion for extension of time to file reply in further support of Swiss Re's Motion To Compel 30(b)(6)Deposition And Production Of Documents is Granted to 10/15/03. Judge Patricia A. Gaughan (Related Doc #251 )(L-C, S)
September 29, 2003 Marginal Entry Order (Non-Document): Key's Unopposed Motion for extension of time to Respond to the Motion of Swiss Re to Stay Key's Breach of the Duty of Good Faith Claim is granted to 10/15/03. Judge Patricia A. Gaughan (Related Doc #250 )(L-C, S)
September 26, 2003 Filing 252 Unopposed Motion for a 13-day extension of time until 11/7/2003 to file reply in further support of Swiss Re's Motion To Stay Key's Breach Of The Duty Of Good Faith Claim filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. (Related document(s) #244 ) (Bonfield, Howard) Modified text of docket entry on 9/29/2003 (B, B).
September 26, 2003 Filing 251 Unopposed Motion for a 10-day extension of time until 10/15/2003 to file reply in further support of Swiss Re's Motion To Compel 30(b)(6) Deposition And Production Of Documents filed by Swiss Reinsurance America Corporation and North American Specilaty Insurance Company. (Related document(s) #239 ) (Bonfield, Howard) Modified text of docket entry on 9/29/2003 (B, B).
September 25, 2003 Filing 250 Unopposed Motion for extension of time until 10/15/2003 to Respond to the Motion of Swiss Re to Stay Key's Breach of the Duty of Good Faith Claim filed by Keybank U.S.A., National Association. (Eckhause, Melissa) Modified text of docket entry on 9/26/2003 (B, B).
September 25, 2003 Opinion or Order Filing 249 Order: Key's Motion to Compel Swiss Re's Production of Documents is GRANTED in PART and DENIED in PART. Judge Patricia A. Gaughan (Related Doc #236 )(L-C, S)
September 25, 2003 Filing 248 Brief in Opposition (Related Motion(s) #239 ) to Swiss Re's Motion to Compel 30(b)(6) Deposition and Production of Documents filed by Keybank U.S.A., National Association. (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)(Eckhause, Melissa) Modified text of docket entry on 9/26/2003 (B, B).
September 24, 2003 Marginal Entry Order (NON-DOCUMENT): Swiss Re's Motion for leave to File Instanter Surreply Memorandum in Opposition to Keybank's Motion to Compel is DENIED. Judge Patricia A. Gaughan (Related Doc #247 )(L-C, S)
September 23, 2003 Marginal Entry Order (NON-DOCUMENT): Tri-Arc Financial Services, Inc.'s Motion for leave to file sur-rebuttal memorandum to reply memorandum of Swiss Reinsurance America Corporation in support of motion for leave to file is DENIED. Judge Patricia A. Gaughan (Related Doc #228 )(L-C, S)
September 23, 2003 Marginal Entry Order (NON-DOCUMENT): Key's Memorandum of Clarification will be treated as a Motion to file a Sur-reply. Motion is denied. Judge Patricia A. Gaughan #229 (L-C, S)
September 23, 2003 Filing 247 Motion for leave to File Instanter Surreply Memorandum in Opposition to Keybank's Motion to Compel filed by Swiss Reinsurance America Corporation. (Attachments: #1 Proposed Surreply)(Related document(s) #236 ) (Reiter, Allen) Modified text of docket entry on 9/24/2003 (B, B).
September 19, 2003 Filing 246 Brief in Opposition to Swiss Re's motion for leave to re-depose them (Related Motion(s) #234 ) filed by Glenn R. Fischer, Stephen J. Suhey. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit D#4 Exhibit E#5 Exhibit F#6 Exhibit C)(Murphy, Martin) Modified text of docket entry on 9/22/2003 (B, B).
September 18, 2003 Filing 245 Reply (Related Motion(s) #236 ) in Support of Key's Motion to Compel Swiss Re's Production of Documents filed by Keybank USA, National Association. (Brennan, Terry)
September 16, 2003 Marginal Entry Order (NON-DOCUMENT): Swiss Re's Motion to Extend Deadline in connection with Swiss Re's Motion for Leave to Redepose Stephen J. Suhey and Glenn R. Fischer is granted to 10/10/03. Judge Patricia A. Gaughan (Related Doc #242 )(L-C, S)
September 15, 2003 Filing 244 Motion to stay Bad Faith Claim filed by Swiss Reinsurance America Corporation. (Attachments: #1 Affidavit Licitra Declaration)(Reiter, Allen)
September 12, 2003 Marginal Entry Order (NON-DOCUMENT): Key's Motion for extension of time to Respond to Swiss Re's Motion to Compel 30(b)(6) Deposition and Production of Documents is granted to 9/25/03. Judge Patricia A. Gaughan (Related Doc #243 )(L-C, S)
September 11, 2003 Filing 243 Motion for extension of time to Respond to Swiss Re's Motion to Compel 30(b)(6) Deposition and Production of Documents filed by Keybank U.S.A., National Association. (Holbrook, Scott) Modified docket text on 9/12/2003 (M, J A).
September 11, 2003 Filing 242 Motion for extension of time in connection with Swiss Re's Motion for Leave to Redepose Stephen J. Suhey and Glenn R. Fischer filed by Swiss Reinsurance America Corporation. (Related document(s) #233 ) (Bonfield, Howard) Modified on 9/12/2003: email to attorney Bonfield re: signature (M, J A).
September 8, 2003 Filing 241 Opposition (Related Motion(s) #236 ) To Key's Motion To Compel Swiss Re's Production Of Documents filed by Swiss Reinsurance America Corporation. (Bonfield, Howard)
September 5, 2003 Filing 240 Brief in Opposition (Related Motion(s) #234 ) to Swiss Re's Motion for Leave to Re-Depose Stephen Suhey and Glenn Fischer filed by Keybank U.S.A., National Association. (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)(Holbrook, Scott) Modified text of docket entry on 9/8/2003 (B, B).
August 29, 2003 Filing 239 Motion to compel KeyBank's 30 (b) (6) deposition and production of documents with brief n support filed by Swiss Reinsurance America Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F)(Bonfield, Howard) Modified text of docket entry on 9/2/2003 (B, B).
August 29, 2003 Marginal Entry Order (NON-DOCUMENT) granting Motion to appear pro hac vice, attorney Janalyn Martinez for Defendants Swiss Reinsurance America Corporation and North American Specialty Insurance Company added to case. Judge Patricia A. Gaughan (Related Doc #238 )(L-C, S)
August 29, 2003 Marginal Entry Order (NON-DOCUMENT) granting Motion to appear pro hac vice, attorney Gary Meyerhoff for Defendants Swiss Reinsurance America Corporation and North American Specialty Insurance Company added to case. Judge Patricia A. Gaughan (Related Doc #237 )(L-C, S)
August 28, 2003 Filing 238 Motion for admission pro hac vice of Janalyn Martinez filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. (Attachments: #1 Affidavit Janalyn Martinez)(Kaufman, Arthur) Modified text of docket entry on 8/29/2003 (B, B).
August 28, 2003 Filing 237 Motion for admission pro hac vice of Gary Meyerhoff filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. (Attachments: #1 Affidavit Gary Meyerhoff)(Kaufman, Arthur) Modified text of docket entry on 8/29/2003 (B, B).
August 27, 2003 Marginal Entry Order (NON-DOCUMENT): Stephen J. Suhey and Glenn R. Fischer's Motion for extension of time to respond to motion of Swiss Reinsurance America Corporation for leave to re-depose Stephen J. Suhey and Glenn R. Fischer is granted for 14 days. Judge Patricia A. Gaughan (Related Doc #235 )(L-C, S)
August 22, 2003 Filing 236 Motion to compel Swiss Re's production of documents with brief in support filed by Keybank USA, National Association. (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)(Brennan, Terry) Modified text of docket entry on 8/25/2003 (B, B).
August 22, 2003 Filing 235 Motion for a 14 day extension of time to respond to motion of Swiss Reinsurance America Corporation to re-depose Stephen J. Suhey and Glenn R. Fischer filed by Glenn R. Fischer, Stephen J. Suhey. (Murphy, Martin) Modified text of docket entry on 8/25/2003 (B, B).
August 22, 2003 Filing 234 Motion for leave to re-depose Stephen J. Suhey and Glenn R. Fischer filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. (Related document(s) #233 ) (Bonfield, Howard) Modified text of docket entry on 8/25/2003 (B, B).
August 21, 2003 Filing 233 Memorandum of law in support of its motion for leave to re-depose Stephen J. Suhey and Glenn R. Fischer (no motion for leave to re-depose was on the docket as of 8/22/2003) filed by Swiss Reinsurance America Corporation. (Attachments: #1 Exhibit A)(Bonfield, Howard) Modified text of docket entry on 8/22/2003 (B, B).
August 14, 2003 Marginal Entry Order (NON-DOCUMENT): Key's Motion to Compel Swiss Re's Production of Documents is WITHDRAWN. SEE DOC. #232 Patricia A. Gaughan(L-C, S)
August 12, 2003 Marginal Entry Order (NON-DOCUMENT): Swiss Re's Motion to extend deadlines in connection with Keybank's motion to compel Swiss Re's production of documents is granted to 8/12/03. Judge Patricia A. Gaughan (Related Doc #230 )(L-C, S)
August 12, 2003 Filing 232 Joint Proposed Stipulation with Regard to Key's Motion to Compel Swiss Re's Production of Documents filed by Keybank USA, National Association. (Related document(s) #221 , #230 ) (Brennan, Terry)
August 11, 2003 Filing 231 Opposition (Related Motion(s) #228 ) To (1) Key's Memorandum Of Clarification Of Brief In Opposition To Swiss Re's Motion For Leave To File Amended Answer And Third-Party Complaint (Document #229 ) and (2) Tri-Arc's Motion For Leave To File Sur-Reply Memorandum in connection therewith, filed by Swiss Reinsurance America Corporation. (Bonfield, Howard) Modified text and created link on 8/12/2003 (P, G). Modified text of docket entry on 8/13/2003 (B, B).
August 11, 2003 Filing 230 Motion to extend deadlines in connection with Keybank's motion to compel Swiss Re's production of documents by one day for extension of filed by Swiss Reinsurance America Corporation. (Related document(s) #221 ) (Bonfield, Howard) Modified text on 8/12/2003 (P, G). Modified text of docket entry on 8/13/2003 (B, B).
August 7, 2003 Filing 229 Memorandum of clarification of brief in opposition to motion of Swiss Reinsurance America, et al., for leave to file third-party complaints and an amended answer filed by Keybank U.S.A., National Association. (Related document(s) #223 , #200 ) (Eckhause, Melissa) Modified text of docket entry on 8/8/2003 (B, B).
August 7, 2003 Filing 228 Motion for leave to file sur-rebuttal memorandum to reply memorandum of Swiss Reinsurance America Corporation in support of motion for leave to file filed by Tri-Arc Financial Services, Inc., Tri-Arc Financial Services, Inc., Tri-Arc Financial Services, Inc.. (Attachments: #1Attachment)(Murphy, Martin) Modified text of docket entry on 8/8/2003 (B, B).
August 4, 2003 Filing 227 Reply Memorandum of Law in Support of Motion of Swiss Reinsurance America Corporation and North American Specialty Insurance Company for Leave to File Third-Party Complaints and an Amended Answer (Related Motion(s) #226 ) (Attachments: #1 Exhibits A through D #2 Unreported authorities cited in reply memorandum #3 Reply affidavit of Allen G. Reiter #4 Transcript of videotaped deposition of Glenn Fischer (Volume 2))(L-C, S) Modified text of docket entry on 8/6/2003 (B, B).
August 4, 2003 MARGINAL ENTRY ORDER (NON-DOCUMENT): Swiss Re's Motion for Leave to file, Instanter, Reply Memorandum in Excess of Page Limit is Granted. #226 Judge Patricia A. Gaughan(L-C, S)
August 4, 2003 Opinion or Order MARGINAL ENTRY ORDER (NON-DOCUMENT): Motion to quash and for Protective Order, and to Intervene for the Limited Purpose of Obtaining A Protective Order is MOOT. Judge Patricia A. Gaughan (Related Doc #190 ) Signed by Judge Patricia A. Gaughan on 8/4/03.(L-C, S)
July 31, 2003 Filing 226 Motion for leave to file instanter, reply memorandum in excess of page limit (Related Motion(s) #200 ) filed by Swiss Reinsurance America Corporation. (Attachments: #1 Brief in Support Of Motion For Leave To File Third-Party Complaints And An Amended Answer#2 Exhibit A-D (in connection with Reply Memorandum Of Law)#3 Appendix Of Unreported Cases Cited In Reply Memorandum Of Law#4 Affidavit Of Allen G. Reiter In Support Of Motion#5 Exhibit In Connection With Affidavit Of Allen G. Reiter)(Bonfield, Howard) Modified text of docket entry on 8/1/2003 (B, B).
July 25, 2003 Filing 221 Motion to compel Swiss Re's production of documents with brief in support filed by Keybank USA, National Association. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Brennan, Terry) Modified text of docket entry on 7/31/2003 (B, B).
July 23, 2003 Opinion or Order Filing 225 MARGINAL ORDER granting proposed third-party defendants's Motion for leave to file Memorandum opposing motion of Swiss Re Insurance America Corp and North American Specialty Insurance Company for leave to file Third-party Complaints and an Amended Answer. (Related Doc #208 ) Signed by Judge Patricia A. Gaughan on 7/23/03.(H, D) Modified text on 7/29/2003 (H, D).
July 23, 2003 Opinion or Order Filing 224 MARGINAL ORDER granting Swiss's Motion to clarify briefing schedule; brief in opposition to Tri-Arc's memorandum is due 7/31/03. (Related Doc #219 )Signed by Judge Patricia A. Gaughan on 7/23/03.(H, D)
July 23, 2003 Filing 223 Brief in Opposition to Swiss Reinsurance America, Corporation's motion for leave to file third-party complaints and an amended answer (Related Motion(s) #200 ) filed by Keybank U.S.A., National Association. (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)(H, D)
July 23, 2003 Opinion or Order Filing 222 MARGINAL ORDER granting Keybank's Motion for leave to file instanter, brief in excess of page limit.(Related Doc #217 )Signed by Judge Patricia A. Gaughan on 7/23/03.(H, D)
July 21, 2003 Filing 220 Joint Stipulation with regard to Hartford Specialty Company's motion to quash and for protective order filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation, and non-party Hartford Specialty Company. (B, B)
July 14, 2003 Filing 219 Motion requesting clarification of Court's July 11, 2003 order concerning briefing schedule filed by North American Specialty Insurance Company and Swiss Reinsurance America Corporation. (B, B) Modified text of docket entry on 7/25/2003 (B, B). (e-mail notifications sent via Lotus Notes on 7/25/2003, hard copies were issued to the following on 7/25/2003: Ronald J. Ziehm, Stephen M. Marcellino, Matthew W. Jorgensen, Robert H. Hammel, Guy A. Cellucci, Christopher T. Bavitz, and Kevin P. Elbert)
July 9, 2003 Filing 218 Minutes/Order: Swiss Re's Motion for Clarification of Briefing Schedule (Doc #215 ) filed July 2, 2003 is granted. The Court hereby clarifies the briefing schedule as follows: Swiss Re's brief in opposition to Tri Arc's motion for leave to file brief in opposition is due July 14, 2003. Tri Arc's reply brief is due July 28, 2003. Should this court grant Tri Arc's Motion, the Court will deem Tri-Arc's brief in opposition to Swiss Re's motion to file third party complaint filed instanter on the date the Court grants leave. Thus, Swiss Re's reply brief will be due, if any, seven days after the Court rules on Tri Arc's request for leave. Judge Patricia A. Gaughan (L-C, S)
July 9, 2003 Filing 217 Motion for leave to File, Instanter, Brief in Excess of Page Limit filed by Keybank U.S.A., National Association. (Attachments: #1 KeyBank's Brief In Opposition to Motion of Swiss Reinsurance America Corporation, et al., for Leave to File Third-Party Complaints and an Amended Answer#2 Exhibit A to Proposed Brief#3 Exhibit B to Proposed Brief#4 Exhibit C to Proposed Brief#5 Exhibit D to Proposed Brief#6 Exhibit E to Proposed Brief#7 Exhibit F to Proposed Brief#8 Exhibit G to Proposed Brief#9 Exhibit H to Proposed Brief#10 Exhibit I to Proposed Brief#11 Exhibit J to Proposed Brief#12 Exhibit K to Proposed Brief#13 Exhibit L to Proposed Brief#14 Exhibit M to Proposed Brief#15 Exhibit N to Proposed Brief#16 Exhibit O to Proposed Brief#17 Exhibit P to Proposed Brief#18 Exhibit Q to Proposed Brief#19 Exhibit R to Proposed Brief)(Related document(s) #200 ) (Holbrook, Scott)
July 8, 2003 Marginal Entry Order (NON-DOCUMENT): Hartford and Swiss Re's Fourth Joint Motion to extend deadlines in connection with Hartford Specialty Company's Motion To Quash And For Protective Order is Granted. Judge Patricia A. Gaughan (Related Doc #216 ) (L-C, S)
July 2, 2003 Filing 216 Joint Motion to extend deadlines in connection with Hartford Specialty Company's Motion To Quash And For Protective Order filed by Swiss Reinsurance America Corporation. (Related document(s) #190 ) (Bonfield, Howard) Modified text of docket entry on 7/3/2003 (B, B).
July 2, 2003 Filing 215 Motion requesting clarification of briefing schedule filed by Swiss Reinsurance America Corporation. (Bonfield, Howard) Modified text of docket entry on 7/3/2003 (B, B).
July 2, 2003 Filing 214 Notice Of Change Of Name filed by Swiss Reinsurance America Corporation. (Bonfield, Howard)
June 27, 2003 Opinion or Order Filing 213 Minutes/Order: Status Conference of September 8, 2003 is changed to October 30, 2003 at 9:00 a.m. to allow this Court to rule on all outstanding motions. Attorneys are to be present. Clients are to be available by telephone. Judge Patricia A. Gaughan (L-C, S)
June 27, 2003 Filing 212 Minutes/Order: Key's Motion filed June 23, 2003 for extension of time to respond to Swiss Re's Motion to add parties is Granted to July 9, 2003. Reply brief will be due July 31, 2003. However, this Court will no longer guarantee a specific date for a ruling given the continuous requests for extensions and the pending motion for leave filed by Tri-Arc which will not be ripe for a decision until July 28, 2003 assuming that it is opposed. Judge Patricia A. Gaughan (Related Doc #205 ) (L-C, S)
June 27, 2003 Filing 211 Conditional submission of memorandum in opposition to motion of Swiss Re-Insurance Corporation and North American Specialty Insurance Company for leave to file third-party complaint against the Tri-Arc parties (Related Motion(s) #200 ) filed by Tri-Arc Financial Services, Inc., Glenn Fischer, and Stephen Suhey. (Attachments: #1 Exhibit A#2 Exhibit B)(Murphy, Martin) Modified text of docket entry on 6/30/2003 (B, B).
June 25, 2003 Filing 210 Exhibit(s) to motion for leave to file memorandum in opposition to motion of Swiss Reinsurance Company and North American Specialty Insurance for leave to file third-party complaints and an amended answer (Complete document is on file in the Clerk's Office) (186 pages) filed by Tri-Arc Financial Services, Inc., Glenn Fischer and Stephen Suhey. (Related document(s) #208 , #209 ) (B, B) Modified text of docket entry on 6/26/2003 (B, B).
June 25, 2003 Filing 209 Notice of manual filing of exhibits to motion for leave to file memorandum opposing motion of Swiss Re Insurance Corporation and North American Specialty Insurance Company for leave to file third-party complaints and an amended answer filed by Tri-Arc Financial Services, Inc., Glenn Fischer and Stephen Suhey. (Related document(s) #208 ) (B, B) Modified text of docket entry on 6/26/2003 (B, B).
June 25, 2003 Filing 208 Motion for leave to file memorandum opposing motion of Swiss Re Insurance Corporation and North American Specialty Insurance Company for leave to file third-party complaints and an amended answer with memorandum in support filed by Tri-Arc Financial Services, Inc., Glenn Fischer, and Stephen Suhey. (Murphy, Martin) Modified text of docket entry on 6/26/2003 (B, B).
June 25, 2003 Filing 207 Reply (Related Motion(s) #205 ) in Support of Key's Motion for Extension of Time to Respond to Swiss Re's Motion to Add Parties filed by Keybank U.S.A., National Association. (Holbrook, Scott)
June 24, 2003 Filing 206 Response (Related Motion(s) #205 ) To KeyBank's Motion For Extension Of Time To Respond To Swiss Re's Motion To Add Parties filed by Swiss Reinsurance America Corporation. (Bonfield, Howard)
June 23, 2003 Filing 205 Motion for a 12 day extension of time until 7/9/2003 to Respond to Swiss Re's Motion to Add Parties filed by Keybank U.S.A., National Association. (Holbrook, Scott) Modified text of docket entry on 6/25/2003 (B, B).
June 16, 2003 Marginal Entry Order (NON-DOCUMENT): Third Joint Motion for extension of time in connection with Hartford Specialty Company's Motion To Quash And For Protective Order is granted. Swiss Re's response papers are due 7/7/03. Hartford's reply papers are due 7/15/03. Judge Patricia A. Gaughan (Related Doc #204 ) (L-C, S)
June 16, 2003 Filing 204 Third Joint Motion to extend deadlines in connection with Hartford Specialty Company's Motion To Quash And For Protective Order filed by Swiss Reinsurance America Corporation. (Related document(s) #190 ) (Bonfield, Howard) Modified text of docket entry on 6/18/2003 (B, B).
June 10, 2003 Marginal Entry Order (NON-DOCUMENT): Second Joint Motion to extend time in connection with Hartford Specialty Company's Motion To Quash And For Protective Order is granted. Swiss Re's response papers are due 6/16/03. Hartford's reply papers are due 6/24/03. Judge Patricia A. Gaughan (Related Doc #203 ) (L-C, S)
June 6, 2003 Filing 203 Joint Motion for extension of time in connection with Hartford Specialty Company's Motion To Quash And For Protective Order filed by Swiss Reinsurance America Corporation. (Related document(s) #190 ) (Bonfield, Howard)
June 5, 2003 Filing 202 Minutes/Order: Joint Motion filed June 4, 2003 for extension of discovery is granted as follows: Non-expert liability discovery deadline is September 19, 2003. Liability expert report for parties with burden of proof is due October 20, 2003. Rebuttal expert reports are due December 9, 2003. Expert discovery deadline is January 24, 2004. Dispositive Motions on liability are due on or before February 27, 2004. Judge Patricia A. Gaughan (Related Doc #201 ) (L-C, S)
June 4, 2003 Filing 201 Joint Motion for extension of discovery filed by Keybank U.S.A., National Association. (Eckhause, Melissa) Modified text of docket entry on 6/6/2003 (B, B).
May 30, 2003 Marginal Entry Order (NON-DOCUMENT) Granting Motion to appear pro hac vice, attorney Guy A. Cellucci for Hartford Specialty Company added to case. Judge Patricia A. Gaughan (Related Doc #198 ) (L-C, S)
May 30, 2003 Marginal Entry Order (NON-DOCUMENT): Joint Motion to extend deadlines in connection with Hartford Specialty Company's Motion To Quash And For Protective Order is granted. Brief in Opposition is due 6/9/03. Reply brief is due 6/17/03. Judge Patricia A. Gaughan (Related Doc #199 ) (L-C, S)
May 28, 2003 Filing 200 Motion for leave to file Third-Party Complaints and Amended Answer; Memorandum Of Law In Support Of Motion For Leave; and Motion For Leave To File, Instanter, Memorandum In Excess Of Page Limit filed by Swiss Reinsurance America Corporation. (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 Appendix Of Unreported Cases)(Bonfield, Howard)
May 23, 2003 Filing 199 Joint Motion to extend deadlines in connection with Hartford Specialty Company's Motion To Quash And For Protective Order filed by Hartford Specialty Company, Swiss Reinsurance America Corporation, and Nortah American Specialty Insurance Comapny. (Related document(s) #190 ) (Bonfield, Howard) Modified text of docket entry on 5/27/2003 (B, B).
May 23, 2003 Filing 198 Motion for admission pro hac vice of Guy Cellucci filed by Hartford Specialty Company. (Attachments: #1 Affidavit of Guy Cellucci)(Duhamel, Marcel) Modified text of docket entry on 5/27/2003 (B, B).
May 23, 2003 Marginal Entry Order: Counterclaim Defendants Swiss Reinsurance America Corporation and North American Specialty Insurance Company's Motion for Modification of Briefing Schedule is granted. Motion for leave to file a third party complaint and amended answer is due 5/28/03. Judge Patricia A. Gaughan (Related Doc #195 ) (L-C, S)
May 21, 2003 Filing 197 Reply (Related Motion(s) #195 ) In Support Of Motion For Modification Of Briefing Schedule filed by Swiss Reinsurance America Corporation. (Bonfield, Howard)
May 21, 2003 Filing 196 Response to Swiss Re and National Association motion for extension of time with regard to briefing schedule filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit A)(Related document(s) #195 ) (Holbrook, Scott) Modified text on 5/22/2003 (E, P). .
May 20, 2003 Filing 195 Motion for extension of time with regard to briefing schedule filed by Swiss Reinsurance America Corporation. (Bonfield, Howard)
May 20, 2003 Marginal Entry Order (NON-DOCUMENT: Notice of motion of Swiss Reinsurance America Corporation and North American Specialty Insurance Company for entry of protective order is WITHDRAWN. SEE DOC. #194. Judge Patricia A. Gaughan(Related Doc #189 ) (L-C, S)
May 19, 2003 Filing 194 Notice of Withdrawal of Motion for Entry of Protective Order filed by Swiss Reinsurance America Corporation, Swiss Reinsurance America Corporation. (Related document(s) #189 ) (Olafson, Meredith)
May 16, 2003 Filing 193 Marginal Entry Order: Joint Motion for Modification of Briefing Schedule is DENIED. Counsel have failed to give any reason for the extension. Furthermore, forty-four days for a brief in opp. and eighteen days for a reply brief are not reasonable. Counsel were informed at the status conference that the motion was being placed on the Court's July motion calendar. Judge Patricia A. Gaughan (Related Doc #192 ) (L-C, S)
May 16, 2003 Filing 192 Joint Motion for extension of time with regard to briefing schedule upon consent of all parties filed by Swiss Reinsurance America Corporation. (Bonfield, Howard)
May 14, 2003 Filing 191 Memorandum In Support (Related Motion(s) #190 ) of the Motion to Quash and for Protective Order, and to Intervene for the Limited Purpose of Obtaining A Protective Order filed by Hartford Specialty Company. (Duhamel, Marcel)
May 14, 2003 Filing 190 Motion to quash and for Protective Order, and to Intervene for the Limited Purpose of Obtaining A Protective Order filed by Hartford Specialty Company. (Attachments: #1 Declaration of Laura M. Spear#2 Exhibits to the Declaration of Laura M. Spear)(Duhamel, Marcel)
May 8, 2003 Filing 189 Notice of motion for entry of protective order filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. (Related document(s) #188 ) (Reiter, Allen) Modified text of docket entry on 5/9/2003 (B, B).
May 7, 2003 Filing 188 Memorandum in Support of motion for entry of protective order (oral argument requested) filed by Swiss Reinsurance America Corporation and NAS. (Attachments: #1 Exhibit A)(Reiter, Allen) Modified text of docket entry on 5/8/2003 (B, B).
April 30, 2003 Filing 187 Minutes/Order: Status Conference was held. Motion for protective order on the "second" 30(b)(6) notice is due May 7, 2003. Brief in opposition is due May 21, 2003. Reply brief is due May 28, 2003. Motion to file third party complaint and or to file an amended answer is due May 16, 2003. Brief in opposition is due June 16, 2003. Reply brief is due June 26, 2003. Non-expert liability discovery deadline is extended to July 11, 2003. Party with the burden proof must produce expert reports on or before August 11, 2003. Rebuttal expert reports are due September 30, 2003. Expert discovery deadline is November 15, 2003. Dispositive motion deadline is December 19, 2003. Status Conference is set September 8, 2003 at 2:00 p.m. Judge Patricia A. Gaughan (L-C, S)
April 29, 2003 Filing 186 Status Report filed by Keybank U.S.A., National Association. (Holbrook, Scott)
April 28, 2003 Filing 185 Letter filed by Swiss Reinsurance America Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Reiter, Allen)
April 21, 2003 Filing 184 Letter filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit A#2 Exhibit B)(Eckhause, Melissa)
March 6, 2003 Opinion or Order Filing 183 Minutes/Order: After being transferred to the docket of Judge Adams, this case was transferred back to this court due to the recusal of Judge Adams. In that the Status Conference "time slot" of March 11, 2003 has been filled with another case, a Status Conference is set April 30, 2003 at 9:30 AM. Parties are to be available by telephone. Judge Patricia A. Gaughan (L-C, S)
March 6, 2003 Opinion or Order Filing 182 Amended Order signed by Judge John R. Adams on 3/6/03 recusing himself from the case; Case returned to Judge Patricia A. Gaughan pursuant to General Order 2003-12. (Related document(s) #181 ) (L, T)
March 6, 2003 Opinion or Order Filing 181 Order signed by Judge John R. Adams on 3/6/03 recusing himself from the case; Case returned to Judge Patricia A. Gaughan pursuant to General Order 2003-12. (Related document(s) #180 ) (L, T)
February 26, 2003 Opinion or Order Filing 180 Order transferring case to the docket of Judge John R. Adams pursuant to the protocol for the creation of his docket. Judge Patricia A. Gaughan (L-C, S)
February 19, 2003 Opinion or Order Filing 179 Order: Motion to dismiss Tri-Arc Financial Services, Inc. filed by Keybank U.S.A., National Association is GRANTED. Key's proomissory clam against Tri-Arc, as set foth in Count Five of Key's Second Amended Answer and Counterclaim, is hereby dismissed with prejudice, with each party to bear its own attorneys' fees and costs. Judge Patricia A. Gaughan (Related Doc #178 ) (L-C, S)
February 11, 2003 Filing 178 Motion to dismiss Tri-Arc Financial Services, Inc. filed by Keybank U.S.A., National Association. (Colombo, Louis) (Attachments #2 Proposed Order) Modified text of docket entry on 2/12/2003 (B, B).
February 6, 2003 Marginal Entry Order (NON-DOCUMENT) Granting Motion to appear pro hac vice, attorney Howard S. Bonfield for North American Specialty Insurance Company and Swiss Reinsurance America Corporation added to case. Judge Patricia A. Gaughan (Related Doc #177 ) (L-C, S)
February 5, 2003 Filing 177 Motion for admission pro hac vice of Howard S. Bonfield filed by North American Specialty Insurance Company, North American Specialty Insurance Company, Swiss Reinsurance America Corporation, Swiss Reinsurance America Corporation. (Attachments: #1 Affidavit of Howard S. Bonfield)(Kaufman, Arthur) Modified text of docket entry on 2/5/2003 (B, B).
December 20, 2002 Filing 176 Minutes/Order: The relief requested by Key Bank in the letter of December 6, 2002, is denied. Judge Patricia A. Gaughan (Related document(s) #173 ) (L-C, S)
December 9, 2002 Filing 175 Answer to Key's Second Amended Answer and Counterclaim with jury demand filed by Swiss Reinsurance America Corporation and North American Specialty Insuance Company. (Bavitz, Christopher) Modified text of docket entry on 12/17/2002 (B, B).
December 9, 2002 Filing 174 Separate Answer of Tri-Arc Financial Services, Inc. to Second Amended Counterclaim of KeyBank USA, National Association with jury demand filed by Tri-Arc Financial Services, Inc.. (Murphy, Martin) Modified text of docket entry on 12/17/2002 (B, B).
December 6, 2002 Filing 173 Letter filed by Keybank USA, National Association. (Brennan, Terry)
December 2, 2002 Marginal Entry Order (NON-DOCUMENT): Motion for extension of time to move or otherwise plead in response to the second amended answer and counterlciam filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation is granted to 12/9/02. Judge Patricia A. Gaughan (Related Doc #172 ) (L-C, S)
November 27, 2002 Filing 172 Motion for extension of time until 12/9/2002 to move or otherwise plead in response to the second amended answer and counterlciam filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. (Kaufman, Arthur) Modified text of docket entry on 12/2/2002 (B, B).
November 26, 2002 Marginal Entry Order (NON-DOCUMENT): Counterclaim Defendant Tri Arc Financial Services, Inc.'s Motion for Extension of time to respond to the Second Amended Answer and Counterclaim is granted to 12/9/02. Judge Patricia A. Gaughan (Related Doc #171 ) (L-C, S)
November 26, 2002 Filing 171 Motion for a 7 day extension of time until 12/9/2002 to move, answer or otherwise plead in response to second amended answer and counterclaim filed by Tri-Arc Financial Services, Inc.. (Related document(s) #132 ) (Murphy, Martin) Modified text of docket entry on 12/2/2002 (B, B).
November 20, 2002 Opinion or Order Filing 170 Order: This matter is before the Court upon Key Bank USA National Association's letter date October 28, 2002(Doc. #162 ), in which Key request assistance from this Court in resolving two discovery disputes. Key's request is GRANTED in PART and DENIED in PART. Judge Patricia A. Gaughan (L-C, S)
November 19, 2002 Filing 169 Memorandum of Opinion and Order: this Court GRANTS Tri-Arc's Motion to Dismiss as to all counts except Count Five. The Swiss Re Defendants' Motion to Dismiss with respect to Count Six through Nine is GRANTED. The Swiss Re Defendants' Motion to Dismiss Counts Four and Five is DENIED. Key's request for punitive damages is STRICKEN as to Tri-Arc only. Key's request for leave to amend its counterclaim is DENIED. Judge Patricia A. Gaughan (Related Doc #141 ) (Related Doc #142 ) (L-C, S)
November 19, 2002 Marginal Entry Order (NON-DOCUMENT): Granting Motion to appear pro hac vice, attorney Christine Lepera for North American Specialty Insurance Company and Swiss Reinsurance America Corporation added to case. Judge Patricia A. Gaughan (Related Doc #168 ) (L-C, S)
November 18, 2002 Filing 168 Motion for appearance pro hac vice of Christine Lepera filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. (Attachments: #1 Affidavit Christine Lepera)(Kaufman, Arthur)
November 12, 2002 Filing 167 Agreed Protective Order. Judge Patricia A. Gaughan (L-C, S)
November 11, 2002 Filing 166 Letter of Response filed by Tri-Arc Financial Services, Inc.. (Related document(s) #165 , #162 , #163 ) (Murphy, Martin)
November 8, 2002 Filing 165 Reply Letter filed by Keybank USA, National Association. (Related document(s) #162 , #163 ) (Brennan, Terry)
November 7, 2002 Filing 164 Proposed agreed protective order filed by Keybank U.S.A., National Association. (Holbrook, Scott) Modified text 11/8/2002 (C, K A).
November 6, 2002 Marginal Entry Order (Non-Document): Key's Motion for leave to File, Instanter, Surreply to Swiss Re's and Tri-Arc's Motions to Dismiss is Denied. New Information Or Legal Argument Was Not Presented In The Reply Brief. Judge Patricia A. Gaughan (Related Doc #157 ) (L-C, S) Modified text on 11/7/2002 (B, B).
November 4, 2002 Filing 163 Letter of Response filed by Tri-Arc Financial Services, Inc., Tri-Arc Financial Services, Inc.. (Murphy, Martin)
October 28, 2002 Filing 162 Letter filed by Keybank USA, National Association. (Brennan, Terry)
October 25, 2002 Marginal Entry Order (Non-Document): Joint Motion for Extension of Discovery is Granted. However, there will be no further extensions. Status Conference of 12/1/02 is changed to 3/11/03 at 9:30 AM. Judge Patricia A. Gaughan (Related Doc #161 ) (L-C, S) Modified text on 10/28/2002 (B, B).
October 24, 2002 Filing 161 Joint Motion for a 3 month extension of discovery filed by Keybank U.S.A., National Association. (Attachments: #1 Proposed Deposition Schedule)(Holbrook, Scott) Modified text on 10/25/2002 (B, B).
October 22, 2002 Filing 160 Memorandum of Law in Opposition (Related Motion(s) #157 ) to Key Bank's Motion for Leave to File Surreply filed by Swiss Reinsurance America Corporation. (Bavitz, Christopher) Modified text on 10/23/2002 (B, B).
October 18, 2002 Filing 159 Agreed Protective Order. Judge Patricia A. Gaughan (L-C, S)
October 18, 2002 Filing 158 Sur-Reply (Related Motion(s) #157 , #141 , #142 ) to Swiss Re's and Tri-Arc's Motions to Dismiss (Filed Prematurely) filed by Keybank U.S.A., National Association. (Holbrook, Scott) Modified text on 10/21/2002 (B, B).
October 18, 2002 Filing 157 Motion for leave to File, Instanter, Surreply to Swiss Re's and Tri-Arc's Motions to Dismiss filed by Keybank U.S.A., National Association. (Related document(s) #141 , #142 ) (Holbrook, Scott)
October 17, 2002 Filing 156 Proposed agreed protective order filed by Swiss Reinsurance America Corporation. (Reiter, Allen) Modified text on 10/18/2002 (B, B).
October 11, 2002 Filing 155 Reply (Related Motion(s) #142 ) Memorandum of Law in Further Support of Motion to Dismiss filed by Swiss Reinsurance America Corporation. (Attachments: #1 Appendix Unreported Decisions)(Reiter, Allen) Modified text on 10/15/2002 (B, B).
October 11, 2002 Filing 154 Reply (Related Motion(s) #141 ) to Key-Bank's Opposition to Tri-Arc's Motion to Dismiss filed by Tri-Arc Financial Services, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G)(Murphy, Martin) Modified text on 10/15/2002 (B, B).
September 20, 2002 Filing 153 Minutes/Order: Status Hearing was held. Status hearing is set December 10, 2002 at 9:00 AM. Judge Paricia A. Gaughan (L-C, S)
September 20, 2002 Marginal Entry Order (Non-Document): Motion for second extension of time to Respond to Counterclaim Plaintiff Key Bank USA National Association's AmendedCounterclaim filed by Tri-Arc Financial Services, Inc. is granted. Judge Patricia A. Gaughan (Related Doc #137 ) (L-C, S) Modified text on 9/24/2002 (B, B).
September 20, 2002 Marginal Entry Order (Non-Document): Motion for extension of time to plead to amended counterclaim of Key Bank USA, National Association with brief in support filed by Tri-Arc Financial Services, Inc. is granted. Judge Patricia A. Gaughan (Related Doc #134 ) (L-C, S) Modified text on 9/24/2002 (B, B).
September 20, 2002 Marginal Entry Order (Non-Document): Motion of Defendants Swiss Reinsurance and Tri-Arc Financial for extension of time to file reply briefs in support of their Motions to Dismiss is granted to 10/11/02. Judge Patricia A. Gaughan (Related Doc #152 ) (L-C, S) Modified text on 9/24/2002 (B, B).
September 18, 2002 Filing 152 Motion for extension of time until 10/11/2002 to file reply brief filed by Swiss Reinsurance America Corporation, Swiss Reinsurance America Corporation. (Kaufman, Arthur) Modified text on 9/19/2002 (B, B).
September 11, 2002 Filing 151 Attorney Appearance as Co-Counsel of Patrick F. Roche and Pamela Barker filed by on behalf of Tri-Arc Financial Services, Inc. (Murphy, Martin) Modified text of entry on 9/12/2002 (M, EJ).
September 10, 2002 Marginal Entry Order (Non-Document): Key's Motion for leave to file instanter, memorandum in excess of page limit is granted. Judge Patricia A. Gaughan (Related Doc #149 ) (L-C, S) Modified text on 9/17/2002 (B, B).
September 9, 2002 Filing 150 Opposition (Related Motion(s) #141 , #149 , #142 ) to Swiss Re's and Tri-Arc's Motions to Dismiss filed by Keybank U.S.A., National Association. (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)(Holbrook, Scott) Modified text on 9/10/2002 (B, B).
September 9, 2002 Filing 149 Motion for leave to File, Instanter, Memorandum in Excess of Page Limit filed by Keybank U.S.A., National Association. (Related document(s) #141 , #142 ) (Holbrook, Scott)
September 6, 2002 Marginal Entry Order (Non-Document): Joint Motion of all parties to reschedule status conference is granted to 9/20/2002 at 10:00 AM. Judge Patricia A. Gaughan (Related Doc #148 ) (L-C, S) Modified text on 9/10/2002 (B, B).
September 6, 2002 Filing 148 Joint Motion to reschedule status conference filed by Swiss Reinsurance America Corporation, Swiss Reinsurance America Corporation. (Kaufman, Arthur) Modified text on 9/9/2002 (B, B).
September 5, 2002 Filing 147 Notice of Substitution and withdraw of former counsel removing attorney Joseph F. Nicholas and adding attorney Martin J. Murphy on behalf of Tri-Arc Financial Services, Inc.. (Murphy, Martin) Modified text on 9/6/2002 (B, B).
August 21, 2002 Marginal Entry Order (Non-Document): Key'S Unopposed Motion for extension of time to file opposition to Swiss Re's and Tri-Arc's motions to dismiss is granted to 9/9/02. Judge Patricia A. Gaughan (Related Doc #146 ) (L-C, S) Modified text on 8/23/2002 (B, B).
August 15, 2002 Filing 146 Unopposed Motion for extension of time until 9/9/2002 to file opposition to Swiss Re's and Tri-Arc's motions to dismiss filed by Keybank U.S.A., National Association. (Holbrook, Scott) Modified text on 8/16/2002 (B, B).
July 26, 2002 Filing 145 Marginal Entry Order Granting Motion to appear pro hac vice, attorney Meredith K. Olafson and attorney Christopher T. Bavitz for Swiss Reinsurance America Corporation and North American Specialty Insurance Company. Judge Patricia A. Gaughan (Related Doc #140 ) (L-C, S)
July 26, 2002 Filing 144 Unreported authorities citied in support of defendants motion to dismiss filed by Swiss Reinsurance America Corporation and North American Specialty Insurance. (Related document(s) #143 ) (Reiter, Allen) Modified text on 7/29/2002 (B, B).
July 26, 2002 Filing 143 Memorandum of law in support of their motion to dismiss filed by Swiss Reinsurance America Corporation and North American Specialty Insurance. (Related document(s) #142 ) (Reiter, Allen) Modified text on 7/29/2002 (B, B).
July 26, 2002 Filing 142 Motion to dismiss Counts Four Through Nine and to Strike the Punitive Damages Demand of the Second Amended Counterclaim of Keybank U.S.A., National Association filed by Swiss Reinsurance America Corporation. (Reiter, Allen) Modified text on 7/29/2002 (B, B).
July 26, 2002 Filing 141 Motion to dismiss Keybank's Second Amended Counterclaim with brief in support filed by Tri-Arc Financial Services, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Case Law)(Nicholas, Jr., Joseph) Modified text on 7/29/2002 (B, B).
July 25, 2002 Filing 140 Motion for admission pro hac vice of Meredith K. Olafson and Chris Bavitz filed by North American Specialty Insurance Company, Swiss Reinsurance America Corporation. (Attachments: #1 Affidavit Christoher T. Bavitz#2 Affidavit Meredith K. Olafson)(Kaufman, Arthur) Modified text on 7/26/2002 (B, B).
July 23, 2002 Filing 139 Minute/Order: The Court is in receipt of Attorney Warren's letter of July 15, 2002 and Attorney Oelsner's response letter. The depositions will proceed at a mutually convenient time, but Attorney Warren need not wait until after additional discovery requests have been submitted and subsequently answered. Furthermore, the Court will allow the depositions to last more than one day. Judge Patricia A. Gaughan (L-C, S) Modified on 7/24/02 (L-C, S)
July 22, 2002 Filing 138 Marginal Entry Order: Defendant Swiss Reinsurance's Motion for Extension of Time to Respond to Co-Defendant Keybank's Counterclaim is granted to 7/26/02. Judge Patricia A. Gaughan (Related Doc #135 ) (L-C, S)
July 18, 2002 Filing 137 Second Motion for extension of time until 7/26/2002 to Respond to Counterclaim Plaintiff Key Bank USA National Association's Amended Counterclaim filed by Tri-Arc Financial Services, Inc.. (Nicholas, Jr., Joseph) Modified text on 7/19/2002 (B, B).
July 11, 2002 Filing 136 Marginal Entry Order: Reliance's Motion for clarification of order granting Key's motion for partial lifting of the 7/23/2001 stay or, alternatively, motion for a protective order is Granted. All Discovery As To Reliance Is Stayed Including The Taking Of Depositions Of Current Reliance Employees. As Stated In This Court's Prior Order, Depositions Of Former Employees May Be Taken. Judge Patricia A. Gaughan (Related Doc #122 ) (L-C, S) Modified text on 7/15/2002 (B, B).
July 11, 2002 Filing 135 Motion for extension of time until 7/26/2002 to respond to co-defendant Keybank's counterclaim filed by Swiss Reinsurance America Corporation. (Kaufman, Arthur) Modified text on 7/12/2002 (B, B).
July 10, 2002 Filing 134 Motion for extension of time until 7/21/2002 to plead to amended counterclaim of Key Bank USA, National Association with brief in support filed by Tri-Arc Financial Services, Inc.. (Related document(s) #132 ) (Nicholas, Jr., Joseph) Modified text on 7/11/2002 (B, B).
July 2, 2002 Filing 133 Reply (Related Motion(s) #122 ) To Briefs In Opposition To Reliance's Motion For Clarification Of Order Granting Key's Motion For Partial Lifting Of The July 23, 2001 Stay Or, Alternatively, Motion For Protective Order filed by Reliance Insurance Company. (Kehoe, Robert)
July 1, 2002 Filing 132 Second Amended Answer with jury demand , Amended Counterclaim against Counterclaim Defendants North American Specialty Insurance Company, Swiss Reinsurance America Corporation, Tri-Arc Financial Services, Inc. filed by Keybank U.S.A., National Association. (Related document(s) #5 ) (Holbrook, Scott) Modified text on 7/3/2002 (B, B).
June 28, 2002 Filing 131 Notice of Service of Answers to KeyBank USA, National Association's Second Set of Interrogatories filed by Tri-Arc Financial Services, Inc.. (Nicholas, Jr., Joseph) Modified text on 7/1/2002 (B, B).
June 24, 2002 Filing 130 Response (Related Motion(s) #122 ) to Reliance's Motion for Clarification of Order Granting Key's Motion for Partial Lifting of the July 23, 2001 Stay or, Alternatively, Motion for a Protective Order filed by Keybank U.S.A., National Association. (Holbrook, Scott)
June 24, 2002 Filing 129 Memorandum of Law in Opposition (Related Motion(s) #122 ) to Plaintiff's Motion for Clarification Or For A Protective Order filed by Swiss Reinsurance America Corporation and North American Specialty Insurance Company. (Reiter, Allen) Modified text on 6/25/2002 (B, B).
June 20, 2002 Filing 128 Marginal Entry Order: Keybank's Motion for enlargement of time to respond to Reliance's Motion for Clarification is Granted to 6/24/02. Judge Patricia A. Gaughan (Related Doc #127 ) (L-C, S) Modified text on 6/24/2002 (B, B).
June 18, 2002 Filing 127 Motion for a seven day enlargement of time until 6/24/2002 to respond to Reliance's Motion for Clarification filed by Keybank U.S.A., National Association. (Eckhause, Melissa) Modified text on 6/19/2002 (B, B).
June 17, 2002 Filing 126 Marginal Entry Order: Defendant Swiss Reinsurance's Motion for extension of time to Respond to Co-Defendant's Motion for Clarification is granted to 6/24/02. Judge Patricia A. Gaughan (Related Doc #125 ) (L-C, S)
June 14, 2002 Filing 125 Motion for extension of time until 6/24/2002 to Respond to Co-Defendant's Motion for Clarification filed by Swiss Reinsurance America Corporation. (Kaufman, Arthur) Modified text on 6/19/2002 (B, B).
June 11, 2002 Filing 124 Minutes/Order: Status Hearing was held. Non-expert discovery deadline on liability only is March 11, 2003. Liability expert report for the party with the burdon of proof is due April 11, 2003. Rebuttal expert reports are due May 11, 2003. Expert discovery deadline is June 11, 2003. Dispositive Motions on liability are due July 11, 2003. Deadline for amendment of pleadings is July 1, 2002. Status Hearing is set September 12, 2002 at 9:00 AM. Judge Patricia A. Gaughan (L-C, S)
June 11, 2002 Filing 123 Notice of Appearance of Daniel P. Mascaro, Esq., Melissa M. Eckhause, Esq. and Scott C. Holbrook, Esq. by Scott C. Holbrook filed by on behalf of Keybank U.S.A., National Association. (Holbrook, Scott) Modified text on 6/12/2002 (B, B).
June 7, 2002 Filing 122 Motion for clarification of order granting Key's motion for partial lifting of the 7/23/2001 stay or, alternatively, motion for a protective order filed by Reliance Insurance Company. (Related document(s)[]) (Kehoe, Robert) Modified text on 6/10/2002 (B, B).
May 20, 2002 Filing 121 Minutes/Order: Status Hearing is set June 11, 2002 at 9:30 AM before Judge Patricia A. Gaughan, 201 Superior Avenue, Courtroom 202, Cleveland, OH 44114. Judge Patricia A. Gaughan (L-C, S)
May 17, 2002 Filing 120 Memorandum of Opinion and Order: Key's Motion for Partial Lifting of the July 23, 2001 Stay is granted. Judge Patricia A. Gaughan (L-C, S)
May 10, 2002 Filing 119 Objection to Counterclaim Defendants' Submission of Sur-Reply filed by Keybank U.S.A., National Association. (Related document(s) #118 ) (Waller, Michelle)
May 7, 2002 Filing 118 Letter to Honorable Patricia A. Gaughan regarding brief sur-reply in response to KeyBank's Reply in Support of Its Motion for Partial Lifting of the July 23, 2001 Stay filed by Tri-Arc Financial Services, Inc.. (Related document(s) #117 ) (Nicholas, Joseph) Modified text to correct typo on 5/8/2002 (B, B).
April 24, 2002 Filing 117 Reply (Related Motion(s) #102 ) in Suport of Key's Motion for Partial Lifting of the July 23, 2001 Stay filed by Keybank U.S.A., National Association. (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)(Waller, Michelle)
April 12, 2002 Opinion or Order Order (NON-DOCUMENT): Key's Motion for extension of time to file reply to the responses of Swiss Re/NAS, Tri-Arc, and Reliance to Key's Motion for Partial Lifting of the 7/23/01 Stay is granted to 4/24/02. Judge Patricia A. Gaughan (Related Doc #116 ) (L-C, S)
April 11, 2002 Filing 116 Motion for extension of time to file reply filed by Keybank U.S.A., National Association. (Eckhause, Melissa)
April 8, 2002 Filing 115 Notice of filing of exhibits filed by Reliance Insurance Company. (Attachments: #1 Exhibit A Opinion in 01-65#2 Exhibit B Case Cite#3 Exhibit C Commercial Lines Policy#4 Exhibit D Keybank National's Answers and Objections to the First Set of Interrogatories of Sqiss America Reinsurance Corporation and of North American Specialty Insurance#5 Exhibit E Keybank USA Natioanl Associations Answers and Objections to First Set of Interrogatories of Tri-Arc Financial Services, Inc.)(Related document(s) #114 ) (B, B)
April 5, 2002 Filing 114 Brief in Opposition (Related Motion(s) #102 ) To KeyBank's Motion For Partial Lifting of the July 23, 2001 Stay filed by Reliance Insurance Company. (Kehoe, Robert) Modified text on 4/8/2002 (B, B).
April 5, 2002 Filing 113 Declaration (Related Motion(s) #102 ) of Allen G. Reiter filed by Swiss Reinsurance America Corporation. (Attachments: #1 Exhibit A)(Reiter, Allen) Modified text on 4/8/2002 (B, B).
April 5, 2002 Filing 112 Memroandum of Law in Opposition (Related Motion(s) #102 ) to Key's Motion For Partial Lifting Of The July 23, 2001 Stay filed by Swiss Reinsurance America Corporation and North American Specialty Insurance. (Reiter, Allen) Modified text on 4/8/2002 (B, B).
April 5, 2002 Filing 111 Brief in Opposition (Related Motion(s) #102 ) to Key Bank USA, National Association's Motion for Partial Lifting of the Stay filed by Tri-Arc Financial Services, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Supplement Attachment#6 Exhibit E#7 Exhibit F#8 Exhibit G#9 Exhibit H#10 Exhibit I#11 Exhibit J#12 Exhibit K)(Nicholas, Joseph) Modified text on 4/8/2002 (B, B).
March 21, 2002 Filing 110 Marginal Entry Order: Plaintiff/Counterclaim Defendant Reliance Insurance Company's Motion for Enlargement of time to Respond to Defendant Keybank USA's Motion for Partial Lifting of July 23, 2001 Stay is granted to 4/5/02. Judge Patricia A. Gaughan (Related Doc #109 ) (L-C, S)
March 20, 2002 Filing 109 Motion for a 14 day enlargement of time until 4/5/2002 to respond to defendant Keybank U.S.A.'s to Motion for Partial Lifting of July 23, 2001 Stay filed by Reliance Insurance Company. (Kehoe, Robert) Modified text on 3/21/2002 (B, B).
March 6, 2002 Filing 108 Marginal Entry Order: Motion of Counterclaim Defendant Tri-Arc Financial Services, Inc. for an extension of time to Respond to Keybank USA Motion for Partial Lifting of Stay is granted to 3/21/02. Judge Patricia A. Gaughan (Related Doc #107 ) (L-C, S)
March 5, 2002 Filing 107 Motion for extension of time until 3/21/2002 to Respond to Keybank USA Motion for Partial Lifting of Stay filed by Tri-Arc Financial Services, Inc.. (Nicholas, Joseph) Modified text on 3/6/2002 (B, B).
February 28, 2002 Filing 106 Marginal Entry Order: Unopposed Motion for enlargement of time to respond to KeyBank's Motion for Partial Lifting of the July 23, 2001 Stay filed by Swiss Reinsurance America Corporation is granted to 3/21/02. Judge Patricia A. Gaughan (Related Doc #104 ) (L-C, S)
February 28, 2002 Filing 105 Marginal Entry Order: Reliance's Motion for Enlargement of time to respond to defendant Keybank U.S.A.'s Motion to Lift Stay is granted to 3/21/02. Judge Patricia A. Gaughan (Related Doc #103 ) (L-C, S)
February 27, 2002 Filing 104 Unopposed Motion for enlargement of time until 3/21/2002 to respond to KeyBank's Motion for Partial Lifting of the July 23, 2001 Stay filed by Swiss Reinsurance America Corporation. (Related document(s) #102 ) (Hammel, Robert) Modified text on 2/28/2002 (B, B).
February 25, 2002 Filing 103 Motion for a 15 day enlargement of time to respond to defendant Keybank U.S.A.'s Motion to Lift Stay filed by Reliance Insurance Company. (Kehoe, Robert) Modified text on 2/27/2002 (B, B).
February 20, 2002 Filing 102 Post Judgment Motion for partial lifting of the 7/23/2001 stay filed by Keybank U.S.A., National Association. (Attachments: #1 Brief in Support #2 Exhibit A (Order of Liquidation)#3 Exhibit B (Endorsement to 4019 Policy)#4 Exhibit C (Letter Agreement))(Waller, Michelle) Modified text on 2/21/2002 (B, B).
January 16, 2002 Filing 101 Notice of filing of exhibits to the status report filed by Reliance Insurance Company. (Related document(s) #100 ) (B, B)
January 15, 2002 Filing 100 Status Report filed by Reliance Insurance Company. (Kehoe, Robert) Exhibits added on 1/17/2002 pursuant to the notice of the filing of exhibits (B, B). Modified text on 1/17/2002 (B, B).
January 14, 2002 Filing 99 Marginal Entry Order: Motion of Thompson Hine, Kenneth Cole, Gabrielle Moses and Melissa Eckhause for leave to withdraw as counsel for KeyBank USA, National Association is granted. Judge Patricia A. Gaughan (Related Doc #98 ) (L-C, S)
January 9, 2002 Filing 98 Motion for leave to withdraw as counsel filed by Keybank U.S.A., National Association. (Moses, Gabrielle)
January 8, 2002 Filing 97 Notice of Appearance by Michelle Warner Waller on behalf of Keybank U.S.A., National Association. (B, B) Modifiedtext on 1/9/2002 (B, B).
January 8, 2002 Filing 96 Notice of change of affiliation filed by Keybank U.S.A., National Association. (B, B)
November 27, 2001 Filing 95 Marginal Entry Order: Reliance's Motion for leave To File Sur-Reply Brief, Instanter is DENIED. Judge Patricia A. Gaughan (Related Doc #91 ) (L-C, S)
November 20, 2001 Filing 94 Memorandum of Opinion and Order: Key's Motion to Lift Stay and To Modify or Alter the Judgment is denied. However, Reliance shall submit to this Court a status report no later than January 15, 2002 indicating (1) whether the Insurance Commissioner of the Commonwealth of Pennsylvania has completed assessment of the claims against Reliance; (2) if not, the reason why such assessment has not been completed; and (3) if not, a date by which Reliance anticipates that the assessment will be completed. Judge Patricia A. Gaughan (Related Doc #72 ) (L-C, S)
September 19, 2001 Filing 93 True copy of order from the USCA for the Sixth Circuit: Dismissing the appeal upon motion for voluntary dismissal (USCA# 01-3789). Date issued 9/17/01(Related documents(s) #62 ). (H, S P)
September 18, 2001 Filing 92 Response (Related Motion(s) #91 ) to Reliance's Motion for Leave to File a Sur-Reply filed by Keybank U.S.A., National Association. (Eckhause, Melissa)
September 13, 2001 Filing 91 Motion for leave To File Sur-Reply Brief, Instanter filed by Reliance Insurance Company. (Attachments: #1)(Related document(s) #89 ) (Kehoe, Robert)
September 10, 2001 Filing 89 Reply (Related Motion(s) #82 ) in Support filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8)(Warren, Daniel)
September 4, 2001 Opinion or Order Order (NON-DOCUMENT): Reliance's Motion for Leave to File Opposition Memorandum to KeyBank's Motion to Lift Stay and to Modify or Alter Judgment, Instanter is GRANTED. Judge Patricia A. Gaughan (Related Doc #87 ) (Related documents(s) #86 ) (L-C, S)
September 4, 2001 Filing 88 Supplement to Memorandum in Opposition to keyBank's Motion to Lift Stay and to Modify or Alter Judgment filed by Reliance Insurance Company. (Attachments: #1 Affidavit Declaration of William S. Taylor)(Related document(s) #86 ) (Kehoe, Robert)
September 4, 2001 Filing 87 Motion for leave to File Opposition Memorandum, Instanter filed by Reliance Insurance Company. (Related document(s) #86 ) (Kehoe, Robert) Additional attachment(s) added on 9/5/2001 (H, S P).
September 4, 2001 Filing 86 Opposition (Related Motion(s) #82 ) to KeyBank's Motion to Lift Stay and to Modify or Alter Judgment filed by Reliance Insurance Company. (Kehoe, Robert) Additional attachment(s) added on 9/5/2001 (H, S P).
August 29, 2001 Filing 90 Marginal Entry Order: Key's Motion for extension of time to file reply is granted to 9/10/01. Judge Patricia A. Gaughan (Related Doc #85 ) (L-C, S)
August 28, 2001 Filing 85 Motion for extension of time to file reply filed by Keybank U.S.A., National Association. (Warren, Daniel)
August 22, 2001 Filing 84 Marginal Order entered on 8/22/2001 Granting Motion for extension of time to 8/31/01 to respond to KeyBank's motion to life stay and to modify or alter judgment (Related Doc #80 ). (H, S P)
August 22, 2001 Filing 83 Marginal Order entered on 8/22/2001 Denying Motion to strike (Related Doc #79 ). (H, S P)
August 21, 2001 Filing 82 Amended Motion to strike Motion to Lift Stay and to Modify or Alter Judgment filed by Reliance Insurance Company. (Related document(s) #72 ) (Kehoe, Robert) Modified on 11/14/2001 (L-C, S) (Termed- See Marginal Entry Order #83 dated 8/22/01)
August 21, 2001 Filing 81 Opposition (Related Motion(s) #72 ) MEMORANDUM OF LAW OF SWISS REINSURANCE AMERICA CORPORATION AND NORTH AMERICAN SPECIALTY INSURANCE COMPANY IN OPPOSITION TO MOTION OF DEFENDANT TO LIFT STAY AND TO MODIFY OR ALTER THE JUDGMENT filed by Swiss Reinsurance America Corporation. (Attachments: #1 Exhibit In re Babcock & Wilcox Co.)(Reiter, Allen)
August 21, 2001 Filing 80 Motion for extension of time to Respond to Motion to Lift Stay filed by Reliance Insurance Company. (Related document(s) #72 ) (Kehoe, Robert)
August 21, 2001 Filing 79 Motion to strike Motion to Lift Stay filed by Reliance Insurance Company. (Related document(s) #72 ) (Kehoe, Robert)
August 21, 2001 Filing 78 Opposition (Related Motion(s) #72 ) to Key Bank USA, National Association's Motion to Lift Stay and to Modify or Alter the Judgment filed by Tri-Arc Financial Services, Inc.. (Attachments: #1 Exhibit A-B)(Nicholas, Joseph)
August 20, 2001 Filing 77 Marginal Entry Order: granting Key's withdrawal of its motion for status conference and clarification of order (Related Doc #73 ) Judge Patricia A. Gaughan (M, EJ)
August 20, 2001 Filing 76 Marginal Entry Order: defendant's motion for status conference and clarification of 7/23/01 marginal order is withdrawn. (Related Doc #69 ) Judge Patricia A. Gaughan (M, EJ)
August 9, 2001 Filing 75 Notice of filing Exhibits to Reliance's response to KeyBanks' motion for status conference and clairfication of order filed by Reliance Insurance Company. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Related document(s) #71 ) (M, EJ)
August 8, 2001 Filing 74 Memorandum of Law in Opposition (Related Motion(s) #69 ) to Defendant's Motion for Status Conference and Clarification of Order filed by Swiss Reinsurance America Corporation. (Attachments: #1 Exhibit Attached Westlaw decision)(Reiter, Allen) Modified text on 8/8/2001 (B, B).
August 7, 2001 Filing 73 Motion to withdraw document Motion for Status Conference and Clarification of Order filed by Keybank U.S.A., National Association. (Warren, Daniel)
August 7, 2001 Filing 72 Motion to lift stay filed by Keybank U.S.A., National Association. (Attachments: #1 Brief in Support Memorandum#2 Exhibit 1#3 Exhibit 2#4 Exhibit 3#5 Exhibit 4#6 Exhibit 5#7 Exhibit 6#8 Exhibit 7)(Warren, Daniel)
August 7, 2001 Filing 71 Response (Related Motion(s) #69 ) To KeyBank's Motion for Status Conference andClarification of Order filed by Reliance Insurance Company. (Kehoe, Robert)
July 26, 2001 Filing 70 Acknowledgment from USCA of receipt of Notice of Appeal (USCA# 01-3789) (Related documents(s) #62 ). (H, S P)
July 25, 2001 Filing 69 Motion to clarify order and to request status conference filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Warren, Daniel)
July 23, 2001 Filing 68 Marginal Order: Stipulation for leave to answer Keybank USA, National Associaton's second set of interrogatories on behalf of counterclaim defendannt Tri-Arc Financial Services, Inc. is MOOT as the case is stayed. Judge Patricia A. Gaughan (Related document(s) #65 ) (L-C, S)
July 23, 2001 Filing 67 Marginal Order: Joint Motion of all parties to extend deadline for amending pleadings and adding new parties is MOOT as the case is stayed. Judge Patricia A. Gaughan (Related Doc #64 ) (L-C, S)
July 23, 2001 Filing 66 Marginal Order: Plaintiff/Counterclaim Defendant, Reliance Insurance Company's Petition for Stay of Proceedings is GRANTED in that the Rehabilitator has properly requested the stay. Furthermore, Defendant Key has failed to set forth a good reason for denying the petition. Key's arguments are inconsistent. While arguing that the litigation will merely aid in determining the amount of a claim owed, Key also argues it will be prejudiced by not receiving quarterly payments of claims. Judge Patricia A. Gaughan (Related document(s) #59 ) (L-C, S)
July 19, 2001 Filing 65 Proposed Stipulation for Leave until 8/6/2001 to Answer Keybank USA National Association's Second Set of Interrogatories filed by Joseph F. Nicholas on behalf of Tri-Arc Financial Services, Inc.. (Nicholas, Joseph) Modified text on 7/19/2001
July 18, 2001 Filing 64 Joint Motion to extend deadline for amending pleadings and adding new parties until 9/7/2001 filed by Robert H. Hammel on behalf of Swiss Reinsurance America Corporation. (Hammel, Robert) Modified text on 7/19/2001 (B, B).
July 17, 2001 Filing 63 Memorandum in Opposition (Related Motion(s) #59 ) to Petition for Stay of Proceedings filed by Daniel R. Warren on behalf of Keybank U.S.A., National Association, Keybank USA, National Association, Keybank USA, National Association, Keybank USA, National Association. (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit)(Warren, Daniel) Modified text on 7/18/2001 (B, B).
July 12, 2001 Filing 62 Notice of Appeal to the 6th Circuit Court of Appeals from the minutes/order of 6/12/01 and order of 6/20/01, filed by Robert D. Kehoe on behalf of Reliance Insurance Company. Filing fee paid; receipt number 626939. (Attachments: #1 #2)(Related document(s) #58 ) (H, S P)
July 11, 2001 Filing 61 Supplement to petition for stay of proceedings filed by Robert D. Kehoe on behalf of Reliance Insurance Company. (Attachments: #1 Affidavit of William S. Taylor)(Related document(s) #59 ) (B, B)
July 9, 2001 Filing 60 Motion for Expedited Ruling on the petition for stay of proceedings filed by Robert D. Kehoe on behalf of Reliance Insurance Company. (Related document(s) #59 ) (Kehoe, Robert) Modified text on 7/10/2001 (B, B).
July 9, 2001 Filing 59 Petition for stay of Proceedings filed by Robert D. Kehoe on behalf of Reliance Insurance Company. (Kehoe, Robert) Modified text on 7/10/2001 (B, B). Additional attachment(s) added on 7/10/2001 as attorney neglected to attach "Exhibit A" to this document.
June 20, 2001 Opinion or Order Filing 58 Order: Robert D. Kehoe's Request to reconsider orders regarding stay and compelling discovery and request for conference or extension of time pending conference are DENIED. Judge Patricia A. Gaughan (Related Doc #54 ) (L-C, S)
June 20, 2001 Filing 57 Notice of Service of Discovery Responses filed by Robert D. Kehoe on behalf of Reliance Insurance Company. (Kehoe, Robert)
June 20, 2001 Filing 56 Reply (Related Motion(s) #54 ) to Key's Response to request for reconsideration of orders regarding discovery and stay filed by Robert D. Kehoe on behalf of Reliance Insurance Company. (Kehoe, Robert) Modified text on 6/20/2001 (B, B).
June 19, 2001 Filing 55 Response (Related Motion(s) #54 ) To Request (A) To Reconsider Orders Regarding Stay and Compelling Discovery and (B) For Conference or Extension of Time Pending Conference filed by Kenneth G. Cole on behalf of Keybank U.S.A., National Association. (Cole, Kenneth)
June 18, 2001 Filing 54 Request to reconsider orders of 6/13/2001 regarding stay and compelling discovery and request for conference or extension of time pending conference filed by Robert D. Kehoe on behalf of Reliance Insurance Company. (Kehoe, Robert) Modified text on 6/19/2001 (B, B).
June 12, 2001 Filing 53 Minutes/ORDER: In response to Attorney Cole's letter of June 11, 2001, Reliance must respond to Key's outstanding discovery requests IMMEDIATELY and no later than June 20, 2001. THIS CASE IS NOT STAYED. The Court is greatly disturbed by Reliance's assumption to the contrary and its failure to comply with the May 31, 2001 deadline. Judge Patricia A. Gaughan (L-C, S)
June 12, 2001 Filing 52 Minutes/ORDER: Notice of stay is not accepted by the Court. See 40 Pa. Stat. Section 221.17(a) ("The rehabilitator shall immediately consider all litigation pending outside the Commonwealth and shall petition the courts having jurisdiction over the litigation of stays...". Judge Patricia A. Gaughan (related document(s) #50 ) (L-C, S)
June 5, 2001 Filing 51 Objection to Reliance's Notice of Stay (related document(s) #50 ) Filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit #6 Exhibit #7 Exhibit #8 Exhibit #9 Exhibit)(Warren, Daniel)
May 31, 2001 Filing 50 Notice of Stay filed by Reliance Insurance Company.(Kehoe, Robert) Additional attachment(s) added on 6/1/2001 as counsel had inadvertantly failed to attach Exhibit A to the pleading they had originally filed (B, B). Modified text on 6/1/2001 (B, B).
May 29, 2001 Filing 49 Notice of Service of Discovery Responses to Counterclaim Plaintiff Key Bank USA, National Association's First Request for Production of Documents and First Set of Interrogatories filed by Tri-Arc Financial Services, Inc..(Nicholas, Joseph)
May 21, 2001 Filing 48 Notice of Service of First Set of Interrogatories and First Request for Production of Documents Directed to Key Bank USA, National Association filed by Tri-Arc Financial Services, Inc..(Nicholas, Joseph)
May 10, 2001 Opinion or Order Order (non-document): Plaintiff/Counterclaim Defendant Reliance Insurance Company's Motion for extension of time to respond to Defendant/Counterclaim Plaintiff KeyBank's first reqest for production of documents and first set of interrogatories is Granted to 5/31/01. Judge Patricia A. Gaughan (Related Doc #45 ) (L-C, S)
May 10, 2001 Opinion or Order Order (non-document): Counterclaim Defendant, Tri-Arc Financial Services, Inc.'s Motion for extension of time to respond to discovery Request of Counter-Claim Plaintiff Keybank USA National Association is granted to 5/29/01. Judge Patricia A. Gaughan (Related Doc #43 ) (L-C, S)
May 10, 2001 Filing 47 Reply to Defendant Key Bank USA, National Associations' Memorandum In Opposition to Motion for Enlargement to Respond to Discovery filed by Tri-Arc Financial Services, Inc., Tri-Arc Financial Services, Inc., Tri-Arc Financial Services, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Case Law) (Related motion(s) #43 ) (Other related filing(s) #43 ) (Elbert, Kevin)
May 8, 2001 Filing 46 Opposition to Motions for Enlargement of Time to Respond to Discovery filed by Keybank U.S.A., National Association. (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit) (Related motion(s) #43 , #45 ) (Other related filing(s) #43 , #45 ) (Cole, Kenneth)
May 7, 2001 Filing 45 Motion for extension of time until 5/31/01 to answer/respond to discovery filed by Reliance Insurance Company.(Kehoe, Robert) Modified text on 5/16/2001 (M, EJ).
May 7, 2001 Filing 44 Notice of Initial Disclosures filed by Reliance Insurance Company.(Kehoe, Robert)
May 7, 2001 Filing 43 Motion for extension of time until 5/29/01 to answer/respond to discovery Request of Counter-Claim Plaintiff Keybank USA National Association filed by Tri-Arc Financial Services, Inc..(Nicholas, Joseph) Modified text on 5/16/2001 (M, EJ).
May 2, 2001 Filing 42 Notice of Initial Disclosures of Counterclaim Defendant Tri-Arc Financial Services, Inc. filed by Tri-Arc Financial Services, Inc., Tri-Arc Financial Services, Inc., Tri-Arc Financial Services, Inc..(Nicholas, Joseph)
April 27, 2001 Filing 41 Corporate Disclosure Statement filed by Tri-Arc Financial Services, Inc..(Nicholas, Joseph)
April 23, 2001 Filing 40 Notice of Rule 26 Disclosures filed by Reliance Insurance Company.(Keller, C.)
April 23, 2001 Filing 39 Notice Initial Disclosures of Additional Counterclaim Defendants Swiss Reinsurance America Corporation and North American Specialty Insurance Company Pursuant to Fed.R.Civ.P. 26(a)(1). filed by North American Specialty Insurance Company, North American Specialty Insurance Company, Swiss Reinsurance America Corporation, Swiss Reinsurance America Corporation.(Kaufman, Arthur)
April 23, 2001 Filing 38 Notice Initial Disclosures of Counterclaim Defendant Tri-Arc Financial Services, Inc. filed by Tri-Arc Financial Services, Inc..(Nicholas, Joseph)
April 5, 2001 Opinion or Order Filing 37 Order designating case for electronic filing. Judge Patricia A. Gaughan (L-C, S)
April 5, 2001 Filing 36 Case Management Conference Plan: Case assigned to the the Complex track; non-expert discovery completed by 1/18/2002; expert reports exchanged by 2/18/02 for plaintiff and 3/18/02 for defendant, Rebuttal reports due 4/1/02 & expert discovery completed by 5/15/02. Parties to be Joined and Pleading Amendments due by 8/1/2001, Dispositive Motions due by 6/15/2002, with status hearing to be held on 9/14/2001 at 9:00 AM. Judge Patricia A. Gaughan (L-C, S)
April 4, 2001 Filing 35 Position Statement re: CMC Agenda in Response to Agenda filed by in Insurance Parties (related document(s) #34 ) filed by Kenneth G. Cole of Thompson, Hine & Flory on behalf of Keybank U.S.A., National Association.(Cole, Kenneth)
April 3, 2001 Filing 34 Position Statement re: CMC Agenda filed by Robert D. Kehoe, C. Reynolds Keller of Keller & Kehoe on behalf of Reliance Insurance Company.(Keller, C.)
April 3, 2001 Opinion or Order Order (non-document) Motion for an in-person case management conference is denied as this Court did not schedule sufficient time for an in-person conference. Furthermore, the court does not want to re-schedule and delay the start of discovery. Judge Patricia Gaughan (Related Doc #25 ) (D, Mary)
April 3, 2001 Opinion or Order Order (non-document) Motion for an in-person case management conference is denied as this Court did not schedule sufficient time for an in-person conference. Furthermore, the Court does not want to re-schedule and delay the start of discovery. Judge Patricia Gaughan (Related Doc #31 ) (D, Mary)
March 30, 2001 Filing 33 Corporate Disclosure Statement filed by Arthur M Kaufman of Hahn, Loeser & Parks on behalf of North American Specialty Insurance Company, Swiss Reinsurance America Corporation. (Attachments: #1 Attachment 1#2 Attachment 2)(B, B)
March 30, 2001 Filing 32 Joint Report of Parties Planning Meeting filed by Robert D. Kehoe, C. Reynolds Keller of Keller & Kehoe on behalf of all parties.(Keller, C.)
March 29, 2001 Filing 31 Motion for in-person case management conference (related document(s) #25 ) filed by Robert D. Kehoe, Robert D. Kehoe of Keller & Kehoe on behalf of Reliance Insurance Company.(Keller, C.) Modified text on 3/30/2001 (B, B).
March 26, 2001 Filing 30 Case Information Statement filed by Joseph F. Nicholas of Mazanec, Raskin & Ryder Co., LPA on behalf of Tri-Arc Financial Services, Inc..(Nicholas, Joseph)
March 23, 2001 Filing 29 Answer to the counterclaim of KeyBank USA, Natioanl Association Filed by Robert H. Hammel & Arthur M Kaufman on behalf of additional counterclaim defendants North American Specialty Insurance Company & Swiss Reinsurance America Corporation.(B, B) Modified text on 3/26/2001 (B, B).
March 23, 2001 Filing 28 Reply to amended counterclaim of KeyBank, USA National Association (related document(s) #5 ) Filed by C. Reynolds Keller of Keller & Kehoe on behalf of Reliance Insurance Company.(Keller, C.) Modified text on 3/26/2001 (B, B).
March 23, 2001 Filing 27 Case Information Statement filed by Arthur M Kaufman of Hahn, Loeser & Parks on behalf of North American Specialty Insurance Company, North American Specialty Insurance Company, Swiss Reinsurance America Corporation, Swiss Reinsurance America Corporation.(Kaufman, Arthur)
March 23, 2001 Filing 26 Case Information Statement filed by C. Reynolds Keller of Keller & Kehoe on behalf of Reliance Insurance Company.(Keller, C.)
March 22, 2001 Filing 25 Motion for an in-person case management conference filed by Kenneth G. Cole of Thompson, Hine & Flory on behalf of Keybank U.S.A., National Association.(B, B) Modified text on 3/23/2001 (B, B).
March 22, 2001 Opinion or Order Order (non-document) Granting Motion to appear pro hac vice, attorney Allen G. Reiter and Robert H. Hammel for Swiss Reinsurance America Corporation and North American Specialty Insurance Company added to case. Judge Patricia A. Gaughan (Related Doc #24 ) (L-C, S)
March 20, 2001 Filing 24 Motion for admission pro hac vice of Allen Reiter and Robert Hammel filed by Arthur M Kaufman of Hahn, Loeser & Parks on behalf of North American Specialty Insurance Company, Swiss Reinsurance America Corporation. (Attachments: #1 Affidavit of Allen G. Reiter#2 Affidavit of Robert H. Hammel)(B, B) Modified on 3/20/2001 (B, B).
March 12, 2001 Opinion or Order Order (non-document): Motion for second enlargement of time on behalf of counterclaim defendant Tri-Arc Financial Services, Inc. to plead or otherwise defend the counterclaim of KeyBank USA, National Association is grantd to 3/23/01. Judge Patricia A. Gaughan (Related Doc #21 ) (L-C, S)
March 9, 2001 Opinion or Order Order (non-document) Granting Motion to appear pro hac vice, attorney Stephen M. Marcellino & Richard S. Oelsner for Tri-Arc Financial Services, Inc. added to case. Judge Patricia A. Gaughan (Related Doc #22 ) (L-C, S)
March 9, 2001 Filing 23 Answer of Counterclaim Defendant Tri-Arc Financial Services to Counterclaim of KeyBank USA National Association Filed by Joseph F. Nicholas of Mazanec, Raskin & Ryder Co., LPA on behalf of Tri-Arc Financial Services, Inc..(Nicholas, Joseph)
March 9, 2001 Filing 22 Motion for appearance pro hac vice of Richard S. Oelsner and Stephen M. Marcellino filed by Joseph F. Nicholas of Mazanec, Raskin & Ryder Co., LPA on behalf of Tri-Arc Financial Services, Inc..(Nicholas, Joseph)
March 7, 2001 Filing 21 Second Motion for extension of time to answer/reply to counterclaim filed by Joseph F. Nicholas of Mazanec, Raskin & Ryder Co., LPA on behalf of Tri-Arc Financial Services, Inc..(Nicholas, Joseph)
February 27, 2001 Opinion or Order Order (non-document) Motion for extension of time on behalf of Swiss Reinsurance America Corporation and North American Specialty Insurance Company in which to move, plead or otherwise respond to the Third Party Complaint of Key Bank is granted to 3/23/01. Judge Patricia A. Gaughan (Related Doc #20 ) (L-C, S)
February 26, 2001 Opinion or Order Order (non-document) Defendant Tri-Arc Financial Services, Inc. Motion for extension of time to answer/reply to counterclaim of Keybank USA, National Association is granted to 3/9/01. Judge Patricia A. Gaughan (Related Doc #17 ) (L-C, S)
February 26, 2001 Opinion or Order Order (non-document): Defendant Swiss Reinsurance America Corporation Motion for extension of time to answer 3rd-Party complaint is granted to 3/7/01. Judge Patricia A. Gaughan (Related Doc #16 ) (L-C, S)
February 26, 2001 Opinion or Order Order (non-document) Plaintiff/Counterclaim Defendant, Reliance Insurance Company Motion for extension of time to respond to defendant's amended counterclaim is granted to 3/23/01. Judge Patricia A. Gaughan (Related Doc #19 ) (L-C, S)
February 23, 2001 Filing 20 Motion for extension of time until 3/23/2001 in which to move, plead or otherwise respond to the Third Party Complaint of Key Bank filed by Arthur M Kaufman of Hahn, Loeser & Parks on behalf of North American Specialty Insurance Company, Swiss Reinsurance America Corporation.(B, B) Modified on 2/26/2001 (B, B).
February 21, 2001 Filing 19 Motion for enlargement of time until 3/23/2001 to respond to defendant's amended counterclaim filed by Robert D. Kehoe of Keller & Kehoe on behalf of Reliance Insurance Company.(B, B) Modified on 2/22/2001 (B, B).
February 21, 2001 Filing 18 Affidavit of Joseph F. Nicholas, Jr. filed by Joseph F. Nicholas of Mazanec, Raskin & Ryder Co., LPA on behalf of Tri-Arc Financial Services, Inc..(Nicholas, Joseph) Modified text on 2/21/2001 (B, B).
February 21, 2001 Filing 17 Motion for extension of time to answer/reply to counterclaim of Keybank USA, National Association filed by Joseph F. Nicholas of Mazanec, Raskin & Ryder Co., LPA on behalf of Tri-Arc Financial Services, Inc.. (Attachments: #1 Exhibit A)(Nicholas, Joseph)
February 20, 2001 Filing 16 Motion for leave until 3/7/2001 in which to move, plead, or otherwise respond to the third-party complaint filed by Arthur M Kaufman of Hahn, Loeser & Parks on behalf of Swiss Reinsurance America Corporation.(B, B) Modified on 2/21/2001 (B, B).
February 16, 2001 Opinion or Order Filing 15 Case Management Conference Scheduling Order with case management conference to be held by Judge Patricia Gaughan on 4/5/2001 at 08:45 AM at to be held telephonically.(D, Mary)
February 9, 2001 Opinion or Order Filing 14 Case Management Conference Scheduling Order with case management conference to be held by Judge Patricia Gaughan on 4/5/2001 at 08:45 AM at to be held telephonically.(D, Mary) Modified on 2/16/2001 (L-C, S). (DOCUMENT INCOMPLETE, SEE DOCKET #15 FOR REFILED DOCUMENT)
January 29, 2001 Filing 13 Amended Answer and counterclaim against Reliance Insurance Company, Tri-Arc Financial Services, Inc. Swiss Reinsurance America Corporation and North American Specialty Insurance (related document(s) #1 , #5 ) Filed by Kenneth G. Cole of Thompson, Hine & Flory on behalf of Keybank U.S.A., National Association.(B, B)
January 26, 2001 Filing 12 Return of Service Executed upon third-party defendant Tri-Arc Financial Services, Inc. by certified mail on 1/23/2001.(B, B) Modified on 1/29/2001 (B, B).
January 24, 2001 Filing 11 Return of Service Executed upon third-party defendant North American Specialty Insurance Co. by certified mail with no date indicated on green card. (B, B) Modified on 1/25/2001 (B, B).
January 19, 2001 Filing 10 Praecipe for issuance of third party summons and complaint upon Tri-Arc Financial Services. (issued on 1/19/2001) filed by Kenneth G. Cole of Thompson, Hine & Flory on behalf of Keybank U.S.A., National Association.(B, B)
January 19, 2001 Filing 9 Praecipe for issuance of third party summons and complaint upon Swiss Reinsurance America Corp. (issued on 1/19/2001) filed by Kenneth G. Cole of Thompson, Hine & Flory on behalf of Keybank U.S.A., National Association.(B, B)
January 19, 2001 Filing 8 Praecipe for issuance of third party summons upon North American Specialty Insurance Co. (issued on 1/19/2001) filed by Kenneth G. Cole of Thompson, Hine & Flory on behalf of Keybank U.S.A., National Association.(B, B)
January 17, 2001 Filing 7 Corporate Disclosure Statement filed by Daniel R Warren of Thompson, Hine & Flory on behalf of Keybank U.S.A., National Association.(B, B)
January 17, 2001 Filing 6 Case Information Statement with Standard Track recommendation filed by Daniel R Warren of Thompson, Hine & Flory on behalf of Keybank U.S.A., National Association.(B, B)
January 17, 2001 Filing 5 Answer to Complaint (Related Doc #1 ), Counterclaim against Reliance Insurance Company, Third party complaint against Tri-Arc Financial Services, Inc. filed by Kenneth G. Cole, Daniel R Warren of Thompson, Hine & Flory on behalf of Keybank U.S.A., National Association.(B, B)
January 8, 2001 Filing 4 Notice of Placement of case in the CM/ECF Docketing System .(B, B)
January 8, 2001 Filing 3 Case Information Statement with Standard Track recommendation filed by Robert D. Kehoe of Keller & Kehoe on behalf of Reliance Insurance Company.(B, B)
January 8, 2001 Filing 2 Random Assignment of Magistrate Judge Vecchiarelli .(B, B)
January 8, 2001 Filing 1 Complaint for declatory relief seeking recission or, in the alternative, reformation and declarations of the parties' respective rights and obligations under contracts of insurance against Keybank U.S.A., National Association. filed by Robert D. Kehoe of Keller & Kehoe on behalf of Reliance Insurance Company. Filing fee collected, receipt #622462. (Attachments: #1 Exhibit A#2 Exhibit B#3 Civil Cover Sheet)(B, B)

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Search for this case: Reliance Insurance Company et al v. Keybank U.S.A., National Association et al
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Defendant: Keybank U.S.A., National Association
Represented By: Michelle Warner Waller
Represented By: Kenneth G. Cole
Represented By: Melissa M. Eckhause
Represented By: Karin M. Scholz
Represented By: Daniel P. Mascaro
Represented By: Scott C. Holbrook
Represented By: Daniel R. Warren
Represented By: Terry M. Brennan
Represented By: Thomas R. Lucchesi
Represented By: Thomas D. Warren
Represented By: Louis A. Colombo
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3rd party defendant: Tri-Arc Financial Services, Inc.
Represented By: Pamela A. Barker
Represented By: Patrick F. Roche, Sr.
Represented By: Ronald J. Ziehm
Represented By: Joseph F. Nicholas, Jr.
Represented By: Kevin P. Elbert
Represented By: Martin J. Murphy
Represented By: Richard S. Oelsner
Represented By: Stephen M. Marcellino
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Petitioner: Mr. Todd B. Friesner
Represented By: Anthony J. O'Malley
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Petitioner: Hartford Specialty Company
Represented By: Guy A. Cellucci
Represented By: Marcel C. Duhamel
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Petitioner: Glenn R. Fischer
Represented By: Martin J. Murphy
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Petitioner: Stephen J. Suhey
Represented By: Martin J. Murphy
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Counter defendant: Swiss Reinsurance America Corporation
Represented By: Robert H. Hammel
Represented By: Christopher T. Bavitz
Represented By: Meredith K. Olafson
Represented By: Barry R. Ostrager
Represented By: Charles A. Duffield
Represented By: Christine Lepera
Represented By: David Elbaum
Represented By: Eva Lopez-Paredes
Represented By: Gary Meyerhoff
Represented By: Howard S. Bonfield
Represented By: Janalyn Martinez
Represented By: Jeffrey M. Movit
Represented By: John G. Johnson
Represented By: Mary Kay Vyskocil
Represented By: Michael J. Garvey
Represented By: Michael D. Hultquist
Represented By: Reid L. Ashinoff
Represented By: Allen G. Reiter
Represented By: Arthur M. Kaufman
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Counter defendant: North American Specialty Insurance Company
Represented By: Charles A. Duffield
Represented By: Christine Lepera
Represented By: David Elbaum
Represented By: Eva Lopez-Paredes
Represented By: Gary Meyerhoff
Represented By: Howard S. Bonfield
Represented By: Janalyn Martinez
Represented By: Jeffrey M. Movit
Represented By: John G. Johnson
Represented By: Mary Kay Vyskocil
Represented By: Michael J. Garvey
Represented By: Michael D. Hultquist
Represented By: Reid L. Ashinoff
Represented By: Allen G. Reiter
Represented By: Christopher T. Bavitz
Represented By: Meredith K. Olafson
Represented By: Barry R. Ostrager
Represented By: Arthur M. Kaufman
Represented By: Robert H. Hammel
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Counter claimant: Keybank USA, National Association
Represented By: Kenneth G. Cole
Represented By: Terry M. Brennan
Represented By: Thomas D. Warren
Represented By: Daniel R. Warren
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Plaintiff: Reliance Insurance Company
Represented By: Matthew W. Jorgensen
Represented By: Robert D. Kehoe
Represented By: Robert Dennis Kehoe
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