ABIRA MEDICAL LABORATORIES, LLC v. CNA FINANCIAL CORPORATION et al
| ABIRA MEDICAL LABORATORIES, LLC doing business as GENESIS DIAGNOSTICS |
| TRANSPORTATION INSURANCE COMPANY INC., CONTINENTAL CASUALTY COMPANY INC. and CNA FINANCIAL CORPORATION |
| 2:2020cv06412 |
| December 22, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| TIMOTHY J SAVAGE |
| Contract: Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2021. A more recent docket listing may be available from PACER.
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Filing 30
ORDER GRANTING #25 MOTION TO SUBSTITUTE ATTORNEY. ATTORNEY SHELBY J. WESSER IS WITHDRAWN. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 2/16/21. 2/17/21 ENTERED AND COPIES E-MAILED. (va, )
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Filing 29
ORDER DENYING #20 MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT. IT IS FURTHER ORDERED THAT THE INITIAL COMPLAINT IS AMENDED TO REFLECT THAT THE CORRECT POLICY NUMBER IS C 6049524348.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 2/16/21. 2/17/21 ENTERED AND COPIES E-MAILED. (va, )
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Filing 28
ORDER DENYING #8 MOTION TO REMAND. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 2/16/21. 2/17/21 ENTERED AND COPIES E-MAILED.(va, )
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Filing 27
ORDER GRANTING #5 MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULE 12(B)(2) AND 12()(6) FOR LACK OF PERSONAL JURISDICTION AND FOR FAILURE TO STATE A CLAIM. IT IS FURTHER ORDERED THAT THE COMPLAINT IS DISMISSED AS TO THE DEFENDANT CNA FINANCIAL CORPORATION.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 2/16/21. 2/17/21 ENTERED AND COPIES E-MAILED. (va, )
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Filing 26
ORDER GRANTING #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. IT IS FURTHER ORDERED THAT THE COMPLAINT IS DISMISSED AS TO THE DEFENDANT CONTINENTAL CASUALTY COMPANY, INC.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 2/16/21. 2/17/21 ENTERED AND COPIES E-MAILED. (va, )
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| Filing 25 Consent MOTION to Substitute Attorney for Plaintiff filed by ABIRA MEDICAL LABORATORIES, LLC.Motion for Substitution of Plaintiff's Counssel. (Attachments: #1 Text of Proposed Order Order Granting Substitution of Plaintiff's Counsel)(GHISALBERT, DAVID) |
| Filing 24 RESPONSE in Opposition re #20 MOTION for Leave to File FIRST AMENDED COMPLAINT filed by CNA FINANCIAL CORPORATION, CONTINENTAL CASUALTY COMPANY INC., TRANSPORTATION INSURANCE COMPANY INC.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Certificate of Service)(CORNIBE, MELISSA) |
| Filing 23 AMENDED DOCUMENT by ABIRA MEDICAL LABORATORIES, LLC. Amendment to #21 Order First Amended Complaint - Redlined Version. (GHISALBERT, DAVID) |
| Filing 22 NOTICE of Appearance by DAVID W. GHISALBERT on behalf of ABIRA MEDICAL LABORATORIES, LLC with Certificate of Service(GHISALBERT, DAVID) |
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Filing 21
ORDER THAT NO LATER THAN FEBRUARY 16, 2021, THE PLAINTIFF SHALL FILE A RED-LINED VERSION OF THE PROPOSED AMENDED COMPLAINT, ETC. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 2/9/21. 2/9/21 ENTERED AND COPIES E-MAILED. (va, )
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| Filing 20 MOTION for Leave to File FIRST AMENDED COMPLAINT filed by ABIRA MEDICAL LABORATORIES, LLC.Certificate of Service. (Attachments: #1 Exhibit Plaintiff's First Amended Complaint, #2 Text of Proposed Order Granting Plaintiff's Motion for Leave to File First Amended Complaint)(WESSER, SHELBY) |
| Filing 19 RESPONSE in Opposition re #8 First MOTION to Remand back to Bucks County Court of Common Pleas filed by CNA FINANCIAL CORPORATION, CONTINENTAL CASUALTY COMPANY INC., TRANSPORTATION INSURANCE COMPANY INC.. (Attachments: #1 Declaration, #2 Certificate of Service)(CORNIBE, MELISSA) |
| Filing 16 NOTICE of Appearance of David W. Ghisalbert by SHELBY J. WESSER on behalf of ABIRA MEDICAL LABORATORIES, LLC with Certificate of Service(WESSER, SHELBY) (FILED IN ERROR; ATTY HAS REFILED AT PAPER #22) Modified on 2/17/2021 (md, ). |
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Filing 18
SCHEDULING ORDER: COUNSEL SHALL PARTICIPATE IN A SETTLEMENT CONFERENCE TO BE SCHEDULED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS. A FINAL PRETRIAL CONFERENCE IS SET FOR 9/21/2021 AT 10:00 AM. DISCOVERY DUE BY 5/21/2021. MOTIONS DUE BY 8/6/2021. MOTION IN LIMINE DUE BY 9/3/2021. MOTION FOR SUMMARY JUDGMENT DUE BY 7/20/2021. PLAINTIFF PRETRIAL MEMO DUE BY 8/27/2021. DEFENDANT PRETRIAL MEMO DUE BY 8/27/2021., TRIAL DATE SET FOR 9/23/2021 AT 09:00 AM. ETC. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 1/26/21. 1/27/21 ENTERED AND COPIES E-MAILED. (va, )
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| Filing 17 Minute Entry for proceedings held before HONORABLE TIMOTHY J. SAVAGE. Rule 16 Pretrial Conference held on 01/26/2021. (va, ) |
| Filing 15 RESPONSE in Support re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CONTINENTAL CASUALTY COMPANY INC.. (Attachments: #1 Certificate of Service)(CORNIBE, MELISSA) |
| Filing 14 RESPONSE in Support re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CNA FINANCIAL CORPORATION. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Certificate of Service)(CORNIBE, MELISSA) |
| Filing 12 Disclosure with Certificate of Service by ABIRA MEDICAL LABORATORIES, LLC.(WESSER, SHELBY) |
| Filing 11 Report Of Rule 26(f) Meeting by ABIRA MEDICAL LABORATORIES, LLC. (WESSER, SHELBY) |
| Filing 10 RESPONSE to Motion re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ABIRA MEDICAL LABORATORIES, LLC. (Attachments: #1 Text of Proposed Order Order Denying Continental Casualty Company's Motion to Dismiss, #2 Affidavit Exhibit 1 Affidavit, #3 Exhibit 1a, #4 Exhibit 1b, #5 Exhibit 1c, #6 Exhibit 1d, #7 Exhibit 1e, #8 Exhibit 1f, #9 Exhibit 1g, #10 Exhibit 2, #11 Exhibit 3)(WESSER, SHELBY) |
| Filing 9 RESPONSE to Motion re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ABIRA MEDICAL LABORATORIES, LLC. (Attachments: #1 Text of Proposed Order Order Denying CNA Financial Corporation's Motion to Dismiss, #2 Affidavit Exhibit 1 Affidavit, #3 Exhibit 1a, #4 Exhibit 1b, #5 Exhibit 1c, #6 Exhibit 1d, #7 Exhibit 1e, #8 Exhibit 1f, #9 Exhibit 1g, #10 Exhibit 1h, #11 Exhibit 2, #12 Exhibit 3)(WESSER, SHELBY) |
| Filing 8 First MOTION to Remand back to Bucks County Court of Common Pleas filed by ABIRA MEDICAL LABORATORIES, LLC.Affidavit and Certificate of Service. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Exhibit 1 Affidavit, #3 Exhibit Exhibit 1a, #4 Exhibit Exhibit 1b, #5 Exhibit Exhibit 1c, #6 Exhibit Exhibit 1d, #7 Exhibit Exhibit 1e, #8 Exhibit Exhibit 1f, #9 Exhibit Exhibit 1g, #10 Exhibit Exhibit 1h, #11 Exhibit Exhibit 1i, #12 Exhibit Exhibit 1j, #13 Exhibit Exhibit 2, #14 Exhibit Exhibit 3)(WESSER, SHELBY) |
| Filing 13 Original Record together with certified copy of docket entries received from Court of Common Pleas of BUCKS County. (fdc) |
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Filing 7
ORDER THAT A PRETRIAL CONFERENCE SHALL BE HELD ON TUESDAY, JANUARY 26, 2021, AT 9:00 A.M., IN ROOM 9614. THE PARTIES SHALL MAKE THE REQUIRED INITIAL DISCLOSURES UNDER FED. R. CIV. P. 26(A) WITHIN 14 DAYS OF THE DATE OF THIS ORDER; ON OR BEFORE JANUARY 20, 2021, COUNSEL SHALL COMPLETE AND FILE WITH THE CLERK THE REQUIRED REPORT OF RULE 26(F) MEETING INCORPORATING ALL THE INFORMATION DESCRIBED IN THE ATTACHED FORM REPORT; ETC. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 1/7/21. 1/7/21 ENTERED AND COPIES E-MAILED. (va, )
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Filing 6
ORDER THAT THE UNITED STATES MAGISTRATE JUDGE ASSIGNED TO THE ABOVE-CAPTIONED CASE IS THE HONORABLE CAROL SANDRA MOORE WELLS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 1/5/21. 1/6/21 ENTERED AND COPIES E-MAILED. (va, )
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| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CNA FINANCIAL CORPORATION.Brief, Certificate of Service. (Attachments: #1 Brief, #2 Exhibit 1, #3 Text of Proposed Order, #4 Certificate of Service)(CORNIBE, MELISSA) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CONTINENTAL CASUALTY COMPANY INC..Brief, Certificate of Service. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(CORNIBE, MELISSA) |
| Filing 3 ANSWER to Complaint by TRANSPORTATION INSURANCE COMPANY INC.. (Attachments: #1 Exhibit A, #2 Certificate of Service)(CORNIBE, MELISSA) |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 including CNA Financial Corporation - Loews Corporation with Certificate of Service by CNA FINANCIAL CORPORATION, CONTINENTAL CASUALTY COMPANY INC., TRANSPORTATION INSURANCE COMPANY INC.. (Attachments: #1 Certificate of Service)(CORNIBE, MELISSA) |
| Filing 1 NOTICE OF REMOVAL by CONTINENTAL CASUALTY COMPANY INC., CNA FINANCIAL CORPORATION, TRANSPORTATION INSURANCE COMPANY INC. (Filing fee $ 402 receipt number 0313-14799063), filed by CONTINENTAL CASUALTY COMPANY INC., CNA FINANCIAL CORPORATION, TRANSPORTATION INSURANCE COMPANY INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Certificate of Service, #7 Designation Form, #8 Civil Cover Sheet)(CORNIBE, MELISSA) |
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