BLACKWATER SECURITY CONSULTING, LLC et al v. WESTCHESTER SURPLUS LINES INSURANCE COMPANY et al
Plaintiffs Blackwater Security Consulting, LLC and Blackwater Lodge and Training Center, Inc. alleged that defendants Westchester Surplus Lines Insurance Company, Evanston Insurance Company, Fidelity and Casualty Company of New York, and Liberty Insurance Underwriters breached their insurance contracts with plaintiffs by failing to indemnify plaintiff for defense costs and expenses in Nordan v. Blackwater Security Consulting LLC, et al..
| BLACKWATER SECURITY CONSULTING, LLC and BLACKWATER LODGE AND TRAINING CENTER, INC. |
| WESTCHESTER SURPLUS LINES INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS and CONTINENTAL INSURANCE COMPANY |
| 2:2005cv06020 |
| November 16, 2005 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Outside the State of PA. |
| PETRESE B. TUCKER |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Both |
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Filing
91
ORDER THAT THE STATUS CONFERENCE HAS BEEN RE-SCHEDULED FOR 9/5/08 AT 11:30 AM IN COURTROOM BEFORE HONORABLE PETRESE B. TUCKER. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/14/08. 7/14/08 ENTERED AND COPIES MAILED, E-MAILED.(fdc)
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Filing
90
STIPULATION AND ORDER THAT THE PLAINTIFFS NEED NOT RESPOND TO WESTCHESTER'S MOTION FOR LEAVE TO FILE UNTIL APRIL 4, 2008. ( RESPONSES DUE BY 4/4/2008.). SIGNED BY HONORABLE PETRESE B. TUCKER ON 3/14/2008. 7/1/2008 ENTERED AND COPIES E-MAILED.(ap, ) Modified on 7/1/2008 (afm, ).
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Filing
88
ORDER THAT PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT CONTINENTAL'S RESPONSE IN OPPOSITION OR IN THE ALTERNATIVE MOTION FOR PARTIAL SUMMARY JUDGMENT ARE BOTH DENIED. IT IS FURTHER ORDERED THAT THE PLAINTIFF'S REPLY AND DEFENDANT'S SUR-REPLY SHALL BE STRICKEN FROM THE RECORD AND WILL NOT BE CONSIDERED BY THE COURT. SIGNED BY HONORABLE PETRESE B. TUCKER ON 5/27/08.5/28/08 ENTERED AND COPIES MAILED, E-MAILED.(fdc)
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Filing
87
NOTICE of Appearance by ERIC D. FREED on behalf of WESTCHESTER SURPLUS LINES INSURANCE COMPANY with Certificate of Service(FREED, ERIC)
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Filing
86
NOTICE by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC. Stipulation of Plaintiffs and Ace/Westchester (CARTY, CAROL) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 4/15/2008 (nd).
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Filing
85
STIPULATION Enlarging Plaintiffs' Time to Respond to Westchester's Motion for Leave to File a Supplemental Memorandum of Law and Written Discovery by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC.. (CARTY, CAROL) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 3/18/2008 (nd).
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Filing
84
ORDER THAT DEFENDANT LIBERTY INTERNATIONAL UNDERWRITERS' MOTION FOR SUMMARY JUDGMENT IS DENIED. IT IS FURTHER ORDERED THAT THE PLAINTIFF'S SUR-REPLY SHALL BE STRICKEN FROM THE RECORD AND WILL NOT BE CONSIDERED BY THE COURT. DEFENDANT'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY HONORABLE PETRESE B. TUCKER ON 3/11/08. 3/12/08 ENTERED AND COPIES MAILED, E-MAILED.(fdc)
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Filing
79
ORDER THAT EVANSTON INSURANCE COMPANY IS DISMISSED FROM THIS ACTION WITH PREJUDICE. IT IS FURTHER ORDERED THAT EVANSTON'S COUNTERCLAIM AGAINST THE PLAINTIFF IS DISMISSED WITH PREJUDICE AND PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE DUTY TO DEFEND IS DISMISSED AS MOOT. EACH PARTY IS TO BEAR ITS OWN COSTS AND ATTORNEYS' FEES. SIGNED BY HONORABLE PETRESE B. TUCKER ON 1/31/08. 1/31/08 ENTERED AND COPIES MAILED, E-MAILED.(fdc)
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Filing
78
NOTICE of Withdrawal of Appearance by MICHAEL F. SCHLEIGH on behalf of WESTCHESTER SURPLUS LINES INSURANCE COMPANY(SCHLEIGH, MICHAEL)
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Filing
77
STIPULATION of Dismissal of All Claims Between Plaintiffs and Evanston Insurance Company by EVANSTON INSURANCE COMPANY, Certificate of Service. (BURNS, FRANCIS) Modified on 12/20/2007 (fh)
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Filing
76
NOTICE of Appearance by STEPHEN A. COZEN on behalf of WESTCHESTER SURPLUS LINES INSURANCE COMPANY with Jury Demand and Certificate of Service(COZEN, STEPHEN)
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Filing
75
AMENDED DOCUMENT by LIBERTY INSURANCE UNDERWRITERS. Amendment to 38 Statement Pursuant to L.R. 7.1. (SULLIVAN, JOHN)
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Filing
74
RESPONSE in Opposition re 72 MOTION for Leave to File Supplemental Brief in Support of Motion for Summary Judgment filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC., Certificate of Service. (CARTY, CAROL) Modified on 11/1/2007 (fh)
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Filing
73
RESPONSE in Opposition re 71 MOTION to Strike 70 Response in Opposition to Motion, for Summary Judgment filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC.. (CARTY, CAROL) (Document stricken from the Record pursuant to Court Order (#84)) Modified on 3/12/2008 (fdc, ).
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Filing
70
RESPONSE in Opposition re 55 MOTION for Summary Judgment against BLACKWATER Sur-Reply to Liberty's Motion filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC., Certificate of Service. (CARTY, CAROL) Modified on 9/13/2007 (ac, ). (Document stricken from the Record pursuant to Court Order (#84)) Modified on 3/12/2008 (fdc, ).
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Filing
68
REPLY to Response to Motion re 53 MOTION for Partial Summary Judgment Against Evanston Surreply in Opposition to Plaintiffs' Motion for Summary Judgment and in Support of Cross-Motion for Summary Judgment filed by EVANSTON INSURANCE COMPANY, CERTIFICATE OF SERVICE. (BURNS, FRANCIS) Modified on 9/11/2007 (afm, ).
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Filing
66
STIPULATION AND PROTECTIVE ORDER. SIGNED BY JUDGE PETRESE B. TUCKER ON 9/4/07. 9/7/07 ENTERED AND COPIES MAILED, E-MAILED.(fdc)
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Filing
65
REPLY to Response to Motion re 52 MOTION for Partial Summary Judgment Against Westchester filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC.. (CARTY, CAROL)
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Filing
56
STIPULATION AND ORDER THAT THE TIME WITHIN WHICH RESPONSE BRIEFS, REPLY BRIEFS AND SUR REPLY BRIEFS MUST BE FILED SHALL BE EXTENDED AS FOLLOWS: RESPONSE BRIEF OF DEFENDANTS TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS DUE 8/10/07. REPLY BRIEF OF PLAINTIFFS IS DUE 8/31/07. SUR REPLY BRIEF OF DEFENDANTS IS DUE 9/12/07. SIGNED BY JUDGE PETRESE B. TUCKER ON 8/3/07. 8/8/07 ENTERED AND COPIES MAILED, E-MAILED.(fdc)
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Filing
54
NOTICE of Appearance by MICHAEL F. SCHLEIGH on behalf of WESTCHESTER SURPLUS LINES INSURANCE COMPANY with Jury Demand(SCHLEIGH, MICHAEL)
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Filing
50
NOTICE of Appearance by CAROL CHOATE CARTY on behalf of BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC. with Certificate of Service(CARTY, CAROL)
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Filing
49
NOTICE OF WITHDRAW OF COUNSEL by BLACKWATER SECURITY CONSULTING, LLC AND BLACKWATER LODGE AND TRAINING CENTER, INC. (BARTLE, HARVEY) Modified on 7/9/2007 (afm, ).
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Filing
48
NOTICE of Appearance by NICOLE J. ROSENBLUM on behalf of FIDELITY AND CASUALTY COMPANY OF NEW YORK with Certificate of Service(ROSENBLUM, NICOLE)
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Filing
47
NOTICE of Hearing: Rule 16 SCHEDULING CONFERENCE SET FOR 6/27/2007 09:30 AM BEFORE HONORABLE PETRESE B. TUCKER.(adr)
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Filing
46
ORDER THAT BLACKWATER SECURITY CONSULTING, LLC'S MOTION FOR THE PRO HAC VICE ADMISSION OF HOWARD T. WEIR, III, ESQ. IS GRANTED. SIGNED BY JUDGE PETRESE B. TUCKER ON 3/27/07.3/30/07 ENTERED AND COPIES MAILED.(fdc) Additional attachment(s) added on 7/18/2007 (fdc, ).
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Filing
45
Disclosure Statement Form pursuant to FRCP 7.1 by WESTCHESTER SURPLUS LINES INSURANCE COMPANY, Certificate of Service.(fdc)
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Filing
43
ORDER THAT EVANSTON'S MOTION FOR PRO HAC VICE OF L.D. SIMMONS, II AND BRIAN A. KAHN ARE GRANTED. L.D. SIMMONS, II, ESQ AND BRIAN A. KAHN, ESQ. ARE ADMITTED IN THIS CASE AS COUNSEL PRO HA VICE FOR EVANSTON. ( SIGNED BY JUDGE PETRESE B. TUCKER ON 3/22/07. ) 3/26/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(gn, )
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Filing
41
MOTION for Pro Hac Vice Admission of Howard T. Weir, III filed by BLACKWATER SECURITY CONSULTING, LLC.STATEMENT, CERTIFICATE OF SERVICE.(fdc)
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Filing
40
Disclosure Statement Form pursuant to FRCP 7.1 by all plaintiffs.(BARTLE, HARVEY)
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Filing
38
Statement Pursuant to L.R. 7.1 by LIBERTY INSURANCE UNDERWRITERS. (SULLIVAN, JOHN)
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Filing
37
Notice of Withdrawal of Appearance of Paul Vitrano and substitution of Appearance of Thomas T. Locke and Rebecca Woods as counsel for Defendant Fidelity and Casualty Company of New York, Certificate of Service. (fdc)
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Filing
36
MOTION for Pro Hac Vice of Rebecca Woods, Esquire filed by FIDELITY AND CASUALTY COMPANY OF NEW YORK.Certificate of Service.(CARLSON, MICHAEL)
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Filing
34
Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by FIDELITY AND CASUALTY COMPANY OF NEW YORK.(CARLSON, MICHAEL)
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Filing
33
Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by FIDELITY AND CASUALTY COMPANY OF NEW YORK.(CARLSON, MICHAEL) (FILED IN ERROR BY ATTORNEY) Modified on 3/7/2007 (np).
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Filing
32
ORDER THAT DEFENDANTS' MOTIONS FOR LEAVE TO FILE REPLY MEMORANDA ARE GRANTED. DEFENDANT'S MOTION TO TRANSFER VENUE IS DENIED. SIGNED BY JUDGE PETRESE B. TUCKER ON 2/28/07.3/6/07 ENTERED AND COPIES E-MAILED.(fdc)
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Filing
31
MOTION to Substitute Party and Notice of Hearing filed by FIDELITY AND CASUALTY COMPANY OF NEW YORK.Memorandum, Certificate of Service.(CARLSON, MICHAEL)
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Filing
30
NOTICE of Appearance by RONALD P. SCHILLER on behalf of FIDELITY AND CASUALTY COMPANY OF NEW YORK with Certificate of Service(SCHILLER, RONALD)
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Filing
28
DEFENDANT, WESTCHESTER SURPLUS LINES INSURANCE COMPANY'S MOTION FOR LEAVE TO REPLY TO PLAINTIFF'S MEMORANDUM IN OPPOSITION TO CERTAIN DEFENDANTS' MOTION TO TRANSFER VENUE, CERTIFICATE OF SERVICE.(fdc) Additional attachment(s) added on 6/9/2006 (fdc, ).
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Filing
24
ORDER THAT PLAINTIFFS' MOTION FOR AN EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION TO TRANSFER VENUE IS GRANTED; AND IT IS FURTHER ORDERED THAT PLAINTIFFS SHALL FILE THEIR RESPONSE TO DEFENDANTS' MOTION TO TRANSFER VENUE BY 5/12/06. SIGNED BY JUDGE PETRESE B. TUCKER ON 5/3/06. 5/8/06 ENTERED AND COPIES MAILED.(fdc) (mk, ).
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Filing
23
Plaintiffs' ANSWER to Counterclaim of Evanston Insurance Company by BLACKWATER LODGE AND TRAINING CENTER, INC..(BARTLE, HARVEY)
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Filing
22
DEFENDANT, WESTCHESTER SURPLUS LINES INSURANCE COMPANY'S Response to Defendants' Motion to Transfer Venue, Certificate of Service. (fdc)
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Filing
19
STIPULATION AND ORDER THAT THE TIME FOR PLAINTIFFS TO ANSWER OR OTHERWISE PLEAD TO EVANSTON INSURANCE COMPANY'S COUNTERCLAIM IS HEREBY EXTENDED TO AND INCLUDES THURSDAY, MAY 4, 2006. SIGNED BY JUDGE PETRESE B. TUCKER ON 4/17/06. 4/17/06 ENTERED AND COPIES MAILED AND FAXED.(mac, ) Additional attachment(s) added on 4/21/2006 (fdc, ).
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Filing
18
APPLICATION/PETITION for Admission of Counsel Pro Hac Vice by EVANSTON INSURANCE COMPANY. (BURNS, FRANCIS)
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Filing
17
ANSWER to Complaint, with COUNTERCLAIMS against all plaintiffs by EVANSTON INSURANCE COMPANY, Certificate of Service.(BURNS, FRANCIS) Modified on 3/17/2006 (md).
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Filing
16
STIPULATION AND ORDER THAT THE TIME FOR DEFENDANT, EVANSTON INSURANCE COMPANY TO ANSWER PLAINTIFFS' COMPLAINT IS HEREBY EXTENDED TO AND INCLUDES 3/16/06. SIGNED BY JUDGE PETRESE B. TUCKER ON 3/14/06. 3/15/06 ENTERED AND COPIES MAILED AND FAXED.(fdc) (mk, ).
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Filing
15
Stipulation for Extension of Time to Answer or Otherwise Plead by EVANSTON INSURANCE COMPANY. (BURNS, FRANCIS) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 3/10/2006 (np).
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Filing
14
STIPULATION AND ORDER THAT DEFENDANT FIDELITY AND CASUALTY COMPANY OF NEW YORK IS GRANTED AN EXTENSION OF TIME UNTIL 2/21/2006 TO ANSWER PLAINTIFF'S COMPLAINT.SIGNED BY JUDGE PETRESE B. TUCKER ON 2/22/06. 2/23/06 ENTERED AND COPIES MAILED.(fdc) (mk, ).
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Filing
13
STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFENDANT, WESTCHESTER SURPLUS LINES INSURANCE COMPANY MUST FILE AN ANSWER TO PLAINTIFFS' COMPLAINT IS EXTENDED UP TO AND INCLUDING 2/9/06. SIGNED BY JUDGE PETRESE B. TUCKER ON 2/17/06. 2/22/06 ENTERED AND COPIES MAILED AND FAXED.(fdc) (mk, ).
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Filing
9
STIPULATION AND ORDER THAT DEFENDANT, LIBERTY INTERNATIONL UNDERWRITERS SHALL HAVE AN EXTENSION OF TIME UNTIL 2/21/2006 TO ANSWER PLAINTIFF'S COMPLAINT.SIGNED BY JUDGE PETRESE B. TUCKER ON 2/9/06. 2/17/06 ENTERED AND COPIES MAILED.(fdc) (mk, ).
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Filing
8
STIPULATION Extending Time to Answer Complaint Until February 21, 2006 by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC., FIDELITY AND CASUALTY COMPANY OF NEW YORK. (VITRANO, PAUL) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 2/14/2006 (np).
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Filing
7
Answer to Complaint by WESTCHESTER SURPLUS LINES INSURANCE COMPANY, Affirmative Defenses, Certificate of Service.(fdc)
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Filing
5
STIPULATION Extending Time to Answer Plaintiffs' Complaint by LIBERTY INSURANCE UNDERWRITERS. (SULLIVAN, JOHN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 2/7/2006 (np).
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Filing
3
ORDER THAT DEFENDANT WESTCHESTER SURPLUS LINES INSURANCE COMPANY SHALL FILE A RESPONSIVE PLEADING TO PLAINTIFF'S COMPLAINT ON OR BEFORE 1/30/2006; DEFENDANT FIDELITY AND CASUALTY COMPANY OF NEW YORK SHALL FILE A RESPONSIVE PLEADING TO PLAINTIFF'S COMPLAINT ON OR BEFORE 2/15/2006. SIGNED BY JUDGE PETRESE B. TUCKER ON 1/27/06. 1/30/06 ENTERED AND COPIES MAILED AND FAXED. (jpd)
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Filing
2
NOTICE of Appearance by JAMES W. DALY, FRANCIS J. DEASEY on behalf of WESTCHESTER SURPLUS LINES INSURANCE COMPANY with jury demand (fdc, )
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Filing
1
COMPLAINT against all defendants ( Filing fee $ 250 receipt number 923368.), filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC..(ks, )
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