NATIONAL FIRE AND MARINE INSURANCE COMPANY v. GENESIS HEALTHCARE, INC.
NATIONAL FIRE AND MARINE INSURANCE COMPANY |
GENESIS HEALTHCARE, INC. |
HON. THOMAS J. RUETER and HONORABLE SUE L. ROBINSON |
2:2022cv01500 |
April 19, 2022 |
US District Court for the Eastern District of Pennsylvania |
MARK A KEARNEY |
Contract: Insurance |
28 U.S.C. § 2201 Declaratory Judgement (Insurance) |
Defendant |
Docket Report
This docket was last retrieved on November 16, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 53 ORDER THAT SUE L. ROBINSON, RETIRED CHIEF JUDGE, IS APPOINTED TO SERVE AS THE DESIGNATED MASTER UNDER FRCP 53 FOR PURPOSES OF PROMPTLY RESOLVING ANTICIPATED DISCOVERY ISSUES BETWEEN THE PARTIES WITH THE COURT RESERVING ALL SEALING, SCHEDULING, AND DISPOSITIVE ISSUES FOR RESOLUTION AS PREPARATIONS ARE MADE FOR TRIAL. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/31/22. 8/31/22 ENTERED & E-MAILED.(fdc) |
Filing 52 NOTICE by NATIONAL FIRE AND MARINE INSURANCE COMPANY Regarding Rule 53 Discovery Special Master (KOZLOFF, LOUIS) |
Filing 51 ORDER THAT DEFENDANT'S #43 MOTION TO COMPEL IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/30/22.8/30/22 ENTERED & E-MAILED.(fdc) |
Filing 50 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY. Re: A Telephone Conference was held on 8/30/22. (fdc) |
Filing 49 ORDERED WE WILL HOLD A TELEPHONE CONFERENCE ON THE MOTION (ECF DOC. NO. 43) AT 8:15 AM ON AUGUST 30, 2022 NOT EXCEEDING THIRTY MINUTES OVER OUR CHAMBERS CONFERENCE LINE (888-278-0296 / 573096). SIGNED BY HONORABLE MARK A. KEARNEY ON 8/29/22. 8/29/22 ENTERED AND COPIES E-MAILED.(jaa, ) |
Filing 48 NOTICE by NATIONAL FIRE AND MARINE INSURANCE COMPANY Notice Regarding Deposition Schedule (KOZLOFF, LOUIS) |
Filing 47 RESPONSE in Opposition re #43 MOTION to Compel Discovery filed by NATIONAL FIRE AND MARINE INSURANCE COMPANY. (Attachments: #1 Declaration Declaration of Louis H. Kozloff, #2 Exhibit 1, #3 Exhibit 2, #4 Text of Proposed Order)(KOZLOFF, LOUIS) |
Filing 46 NOTICE of Appearance by THOMAS J. SEERY on behalf of NATIONAL FIRE AND MARINE INSURANCE COMPANY with Certificate of Service (Attachments: #1 Certificate of Service)(SEERY, THOMAS) |
Filing 45 ORDER THAT PLAINTIFF'S MOTION #40 IS GRANTED IN PART: THE 6/17/22 ORDER #21 IS AMENDED ONLY TO: ALLOW THE PARTIES TO COMPLETE FACT AND EXPERT DISCOVERY BY 9/15/22, LEAVE TO MOVE FOR SUMMARY JUDGMENT OR DAUBERT RELIEF BY NO LATER THAN 9/21/22 IS GRANTED. PLAINTIFF SHALL, NO LATER THAN 8/26/22, EITHER: FILE A NOTICE NOT EXCEEDING TWO PAGES CONFIRMING THE AGREED DEPOSITION SCHEDULE OR SHOW CAUSE IN A MEMORANDUM NOT EXCEEDING TEN PAGES WHY A RULE 53 DISCOVERY SPECIAL MASTER SHOULD NOT BE APPOINTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/23/22. 8/23/22 ENTERED & E-MAILED.(fdc) |
Filing 44 RESPONSE in Opposition re #40 MOTION for Extension of Time to Complete Discovery filed by GENESIS HEALTHCARE, INC.. (Attachments: #1 Text of Proposed Order, #2 Declaration, #3 Exhibit, #4 Exhibit)(HANS, PAMELA) |
Filing 43 MOTION to Compel Discovery filed by GENESIS HEALTHCARE, INC..Motion to Compel Discovery. (Attachments: #1 Exhibit Certification of Good Faith, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Text of Proposed Order)(HANS, PAMELA) |
Filing 42 ORDER THAT PLAINTIFFS MOTION (DOC. 38) IS DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/22/22. 8/22/22 ENTERED AND COPIES E-MAILED.(rf, ) |
Filing 41 RESPONSE to Motion re #38 MOTION for Protective Order to Preclude the Depositions of Pamela A. Prudlow-McGee, Bridget Myer, Heather Simon and Olga Drabick filed by GENESIS HEALTHCARE, INC.. (Attachments: #1 Text of Proposed Order)(HANS, PAMELA) |
Filing 40 MOTION for Extension of Time to Complete Discovery filed by NATIONAL FIRE AND MARINE INSURANCE COMPANY.Certificate of Counsel. (Attachments: #1 Exhibit Exhibits, #2 Text of Proposed Order Proposed Order)(KOZLOFF, LOUIS) |
Filing 39 ORDER THAT MOTION (DOC. 37) IS GRANTED AND JASON E. KOSEK IS ADMITTED PRO HAC VICE. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/19/22. 8/22/22 ENTERED AND COPIES E-MAILED.(rf, ) |
Filing 38 MOTION for Protective Order to Preclude the Depositions of Pamela A. Prudlow-McGee, Bridget Myer, Heather Simon and Olga Drabick filed by NATIONAL FIRE AND MARINE INSURANCE COMPANY.Certificate of Counsel. (Attachments: #1 Certificate of Counsel w. Exhibits A and B, #2 Text of Proposed Order)(KOZLOFF, LOUIS) |
Filing 37 MOTION for Pro Hac Vice of Jason E. Kosek ( Filing fee $ 40 receipt number APAEDC-16120890.) filed by GENESIS HEALTHCARE, INC..Affidavit Certificate of Service. (Attachments: #1 Affidavit, #2 Certificate of Service)(HANS, PAMELA) |
Filing 36 ORDER THAT DEFENDANT, GENESIS HEALTHCARE, INC.'S #35 MOTION FOR THE PRO HAC VICE ADMISSION OF JOHN P. LACEY, JR., ESQ. IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/12/22.8/12/22 ENTERED & E-MAILED.(fdc) |
Filing 35 MOTION for Pro Hac Vice of John P. Lacey Jr., Esq. ( Filing fee $ 40 receipt number APAEDC-16104990.) filed by GENESIS HEALTHCARE, INC... (Attachments: #1 Affidavit, #2 Certificate of Service)(HANS, PAMELA) |
Filing 34 AFFIDAVIT by THOMAS J. RUETER, SPECIAL MASTER. (fdc) |
Filing 33 ORDER THAT THE HON. THOMAS J. RUETER, RETIRED U.S. MAGISTRATE JUDGE, IS APPOINTED AS A SETTLEMENT MASTER UNDER FRCP 53. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/28/22. 7/28/22 ENTERED & E-MAILED.(fdc) |
Filing 32 STATUS REPORT in Accordance with this Court's July 25, 2022 Order by NATIONAL FIRE AND MARINE INSURANCE COMPANY. (KOZLOFF, LOUIS) |
Filing 31 ORDER THAT THE REFERRAL FOR SETTLEMENT WITH THE LATE JUDGE HEFFLEY AND JUDGE SITARSKI UNDER THE JUNE 17, 2022 AND JULY 25, 2022 ORDER (ECF DOC. NOS. 21,30) ARE VACATED. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/25/22. 7/25/22 ENTERED & E-MAILED.(fdc) |
Filing 30 ORDER THAT THE ABOVE-CAPTIONED REFERRAL JUDGE IS REASSIGNED FROM THE CALENDAR OF THE LATE HONORABLE MARILYN HEFFLEY TO THE CALENDAR OF THE HON. LYNNE A. SITARSKI FOR SETTLEMENT. SIGNED BY CLERK OF COURT GEORGE V WYLESOL, CLERK OF COURT ON 7/25/22. 7/25/22 ENTERED & E-MAILED.(fdc) |
Filing 29 ANSWER to #23 Amended Answer to Complaint, Counterclaim by NATIONAL FIRE AND MARINE INSURANCE COMPANY.(KOZLOFF, LOUIS) |
Filing 28 STIPULATION AND ORDER THAT THE JUNE 17, 2022 ORDER #21 IS AMENDED TO SCHEDULE A TRIAL BY JURY MINDFUL NATIONAL FIRE DOES NOT CONCEDE ALL ISSUES RAISED IN THE AMENDED COMPLAINT OR THE AMENDED ANSWER AND COUNTERCLAIM ARE SUBJECT TO TRIAL BY JURY. PLAINTIFF IS GRANTED LEAVE TO FILE AN ANSWER TO THE COUNTERCLAIM #23 NO LATER THAN JULY 22, 2022. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/14/22. 7/14/22 ENTERED & E-MAILED.(fdc) |
Filing 27 ORDER THAT THE PARTIES' ATTACHED STIPULATION IS NOT APPROVED. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/12/22. 7/12/22 ENTERED & E-MAILED.(fdc) |
Filing 26 ORDER THAT DEFENDANT'S #25 MOTION TO INCLUDE A JURY DEMAND IS DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/6/22.7/6/22 ENTERED & E-MAILED.(fdc) |
Filing 25 MOTION to Find that Genesis has Made a Timely Jury Demand or, in the alternative, for Leave to File a Jury Demand filed by GENESIS HEALTHCARE, INC..Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum)(HANS, PAMELA) |
Filing 24 CONFERENCE ORDER. ORDER THAT A SETTLEMENT CONFERENCE IS SET FOR 9/6/22 AT 9:30 AM VIA TELECONFERENCE BEFORE MAGISTRATE JUDGE MARILYN HEFFLEY. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 6/23/22. 6/24/22 ENTERED & E-MAILED.(fdc) |
Filing 23 AMENDED ANSWER to Complaint , COUNTERCLAIM against NATIONAL FIRE AND MARINE INSURANCE COMPANY by GENESIS HEALTHCARE, INC.. (Attachments: #1 Exhibit A) (HANS, PAMELA) |
Filing 22 ORDER THAT A PARTY'S DISCLOSURE IN THIS LITIGATION OF A COMMUNICATION OR INFORMATION COVERED BY THE ATTORNEY-CLIENT PRIVILEGE OR ENTITLED TO WORK-PRODUCT PROTECTION DOES NOT CONSTITUTE A WAIVER OF SUCH PRIVILEGE OR PROTECTION EITHER IN THIS LITIGATION OR IN ANY OTHER FEDERAL OR STATE PROCEEDING.. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/17/22. 6/17/22 ENTERED & E-MAILED.(fdc) |
Filing 21 SCHEDULING ORDER. ORDER THAT ALL MOTIONS TO FURTHER AMEND THE PLEADINGS AND TO JOIN OR ADD ADDITIONAL PARTIES SHALL BE FILED BY 6/24/22. ALL FACT AND EXPERT DISCOVERY ARE DUE BY 9/9/22. THIS MATTER IS REFERRED TO MAGISTRATE JUDGE HEFFLEY FOR ALL SETTLEMENT PURPOSES. MOTION IN LIMINE DUE BY 11/22/2022. MOTIONS FOR SUMMARY JUDGMENT/DAUBERT MOTIONS ARE DUE BY 9/14/22. PLAINTIFF PRETRIAL MEMO DUE BY 11/21/22. DEFENDANT PRETRIAL MEMO DUE BY 11/21/22. TRIAL DATE SET FOR 12/7/22 AT 9:00 AM IN COURTROOM 6B BEFORE HONORABLE MARK A. KEARNEY. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/17/22. 6/17/22 ENTERED & E-MAILED.(fdc) |
Filing 20 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Pretrial/RULE 16 Conference held on 6/17/22. (JL) |
Filing 19 ORDER THAT DEFENDANT'S #18 MOTION FOR THE PRO HAC VICE ADMISSION OF FIONA HOGAN, ESQ. IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/16/22.6/17/22 ENTERED & E-MAILED.(fdc) |
Filing 18 MOTION for Pro Hac Vice of Fiona Hogan, Esq. ( Filing fee $ 40 receipt number APAEDC-15988465.), MOTION for Pro Hac Vice of Fiona Hogan, Esq. filed by GENESIS HEALTHCARE, INC..Affidavit, Certificate of Service. (Attachments: #1 Affidavit, #2 Certificate of Service)(HANS, PAMELA) |
Filing 17 ORDER THAT DEFENDANT, GENESIS HEALTHCARE, INC.'S #15 MOTION FOR THE PRO HAC VICE ADMISSION OF RHONDA D. ORIN, ESQ. IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/15/22.6/16/22 ENTERED & E-MAILED.(fdc) (Main Document 17 replaced on 6/16/ORDER THAT DEFENDANT, GENESIS HEALTHCARE, INC.'S #15 MOTION FOR THE PRO HAC VICE ADMISSION OF RHONDA D. ORIN, ESQ. IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/15/22.6/16/22 ENTERED & E-MAILED.(fdc) |
Filing 16 Report Of Rule 26(f) Meeting by NATIONAL FIRE AND MARINE INSURANCE COMPANY. (KOZLOFF, LOUIS) |
Filing 15 MOTION for Pro Hac Vice of Rhonda D. Orin, Esq. ( Filing fee $ 40 receipt number APAEDC-15985062.), MOTION for Pro Hac Vice of Rhonda D. Orin, Esq. filed by GENESIS HEALTHCARE, INC..Affidavit, Certificate of Service. (Attachments: #1 Affidavit, #2 Certificate of Service)(HANS, PAMELA) |
Filing 14 ORDER THAT AN INITIAL PRETRIAL CONFERENCE VIA TELEPHONE WILL BE HELD ON 6/17/22 AT 9:30 A.M.; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/3/22. 6/3/22 ENTERED AND E-MAILED.(JL) |
Filing 13 ANSWER to #7 Amended Complaint,,, and Affirmative Defenses by GENESIS HEALTHCARE, INC..(HANS, PAMELA) |
Filing 12 Disclosure Statement Form pursuant to FRCP 7.1 by GENESIS HEALTHCARE, INC..(HANS, PAMELA) |
Filing 11 NOTICE of Appearance by PAMELA DIANNE HANS on behalf of GENESIS HEALTHCARE, INC. with Certificate of Service(HANS, PAMELA) |
Filing 10 AFFIDAVIT of Service by Dennis Richman re: served Summons and Complaint for Declaratory Judgment upon Genesis Healthcare, Inc. by Hand Delivery on 05/12/2022 (KOZLOFF, LOUIS) |
Filing 9 ORDER THAT PLAINTIFF'S RENEWED #8 MOTION TO SEAL DOCUMENT IS GRANTED. THE CLERK OF COURT IS REQUIRED TO SEAL ECF DOC. NOS 1 AND 1-26, BUT NO OTHER EXHIBITS TO THE COMPLAINT. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/10/22.5/10/22 ENTERED & E-MAILED.(fdc) |
Filing 8 MOTION to Seal Document filed by NATIONAL FIRE AND MARINE INSURANCE COMPANY.Memorandum, Certificate of Service. (Attachments: #1 Exhibit, #2 Memorandum, #3 Text of Proposed Order)(KOZLOFF, LOUIS) |
Filing 7 AMENDED COMPLAINT FOR DECLARATORY JUDGMENT against GENESIS HEALTHCARE, INC., filed by NATIONAL FIRE AND MARINE INSURANCE COMPANY. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Highlighted version of Amended Complaint)(KOZLOFF, LOUIS) |
Filing 6 ORDER THAT PLAINTIFF'S MOTION TO SEAL #4 IS DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/26/22.4/26/22 ENTERED & E-MAILED.(fdc) |
Filing 5 Statement of Corporate Disclosure by NATIONAL FIRE AND MARINE INSURANCE COMPANY. (KOZLOFF, LOUIS) |
Filing 4 MOTION to Seal Document #1 Complaint (Attorney),,, filed by NATIONAL FIRE AND MARINE INSURANCE COMPANY.Memorandum Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order)(KOZLOFF, LOUIS) |
Filing 3 NOTICE of Appearance by Kelsey Knish on behalf of NATIONAL FIRE AND MARINE INSURANCE COMPANY with Certificate of Service(Knish, Kelsey) |
Filing 2 Summons Issued as to GENESIS HEALTHCARE, INC.. Forwarded To: Louis H. Kozloff on 4/19/22 (fdc) |
Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT against GENESIS HEALTHCARE, INC., ( Filing fee $ 402 receipt number APAEDC-15864563.), filed by NATIONAL FIRE AND MARINE INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7, #10 Exhibit Exhibit 8, #11 Exhibit Exhibit 9, #12 Exhibit Exhibit 10, #13 Exhibit Exhibit 11, #14 Exhibit Exhibit 12, #15 Exhibit Exhibit 13, #16 Exhibit Exhibit 14, #17 Exhibit Exhibit 15, #18 Exhibit Exhibit 16, #19 Exhibit Exhibit 17, #20 Exhibit Exhibit 18, #21 Exhibit Exhibit 19, #22 Exhibit Exhibit 20, #23 Exhibit Exhibit 21, #24 Exhibit Exhibit 22, #25 Exhibit Exhibit 23, #26 Exhibit Exhibit 24, #27 Exhibit Exhibit 25)(KOZLOFF, LOUIS) Modified on 4/19/2022 (md). |
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