NATIONAL FIRE AND MARINE INSURANCE COMPANY v. GENESIS HEALTHCARE, INC.
Counter Defendant: NATIONAL FIRE AND MARINE INSURANCE COMPANY
Counter Claimant: GENESIS HEALTHCARE, INC.
Special Master: HON. THOMAS J. RUETER and HONORABLE SUE L. ROBINSON
Case Number: 2:2022cv01500
Filed: April 19, 2022
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: MARK A KEARNEY
Nature of Suit: Contract: Insurance
Cause of Action: 28 U.S.C. § 2201 Declaratory Judgement (Insurance)
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2022 Opinion or Order 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)
August 30, 2022 Opinion or Order Filing 52 NOTICE by NATIONAL FIRE AND MARINE INSURANCE COMPANY Regarding Rule 53 Discovery Special Master (KOZLOFF, LOUIS)
August 30, 2022 Opinion or Order 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)
August 30, 2022 Opinion or Order Filing 50 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY. Re: A Telephone Conference was held on 8/30/22. (fdc)
August 29, 2022 Opinion or Order 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, )
August 26, 2022 Opinion or Order Filing 48 NOTICE by NATIONAL FIRE AND MARINE INSURANCE COMPANY Notice Regarding Deposition Schedule (KOZLOFF, LOUIS)
August 25, 2022 Opinion or Order 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)
August 24, 2022 Opinion or Order 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)
August 23, 2022 Opinion or Order 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)
August 23, 2022 Opinion or Order 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)
August 22, 2022 Opinion or Order 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)
August 22, 2022 Opinion or Order 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, )
August 22, 2022 Opinion or Order 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)
August 22, 2022 Opinion or Order 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)
August 19, 2022 Opinion or Order 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, )
August 19, 2022 Opinion or Order 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)
August 19, 2022 Opinion or Order 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)
August 12, 2022 Opinion or Order 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)
August 11, 2022 Opinion or Order 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)
August 9, 2022 Opinion or Order Filing 34 AFFIDAVIT by THOMAS J. RUETER, SPECIAL MASTER. (fdc)
July 28, 2022 Opinion or Order 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)
July 28, 2022 Opinion or Order Filing 32 STATUS REPORT in Accordance with this Court's July 25, 2022 Order by NATIONAL FIRE AND MARINE INSURANCE COMPANY. (KOZLOFF, LOUIS)
July 25, 2022 Opinion or Order 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)
July 25, 2022 Opinion or Order 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)
July 22, 2022 Opinion or Order Filing 29 ANSWER to #23 Amended Answer to Complaint, Counterclaim by NATIONAL FIRE AND MARINE INSURANCE COMPANY.(KOZLOFF, LOUIS)
July 14, 2022 Opinion or Order 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)
July 12, 2022 Opinion or Order 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)
July 6, 2022 Opinion or Order 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)
July 6, 2022 Opinion or Order 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)
June 24, 2022 Opinion or Order 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)
June 23, 2022 Opinion or Order Filing 23 AMENDED ANSWER to Complaint , COUNTERCLAIM against NATIONAL FIRE AND MARINE INSURANCE COMPANY by GENESIS HEALTHCARE, INC.. (Attachments: #1 Exhibit A) (HANS, PAMELA)
June 17, 2022 Opinion or Order 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)
June 17, 2022 Opinion or Order 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)
June 17, 2022 Opinion or Order Filing 20 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Pretrial/RULE 16 Conference held on 6/17/22. (JL)
June 16, 2022 Opinion or Order 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)
June 16, 2022 Opinion or Order 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)
June 16, 2022 Opinion or Order 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)
June 15, 2022 Opinion or Order Filing 16 Report Of Rule 26(f) Meeting by NATIONAL FIRE AND MARINE INSURANCE COMPANY. (KOZLOFF, LOUIS)
June 15, 2022 Opinion or Order 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)
June 3, 2022 Opinion or Order 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)
June 2, 2022 Opinion or Order Filing 13 ANSWER to #7 Amended Complaint,,, and Affirmative Defenses by GENESIS HEALTHCARE, INC..(HANS, PAMELA)
June 2, 2022 Opinion or Order Filing 12 Disclosure Statement Form pursuant to FRCP 7.1 by GENESIS HEALTHCARE, INC..(HANS, PAMELA)
June 2, 2022 Opinion or Order Filing 11 NOTICE of Appearance by PAMELA DIANNE HANS on behalf of GENESIS HEALTHCARE, INC. with Certificate of Service(HANS, PAMELA)
May 13, 2022 Opinion or Order 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)
May 10, 2022 Opinion or Order 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)
May 10, 2022 Opinion or Order 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)
May 9, 2022 Opinion or Order 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)
April 26, 2022 Opinion or Order 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)
April 25, 2022 Opinion or Order Filing 5 Statement of Corporate Disclosure by NATIONAL FIRE AND MARINE INSURANCE COMPANY. (KOZLOFF, LOUIS)
April 25, 2022 Opinion or Order 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)
April 19, 2022 Opinion or Order Filing 3 NOTICE of Appearance by Kelsey Knish on behalf of NATIONAL FIRE AND MARINE INSURANCE COMPANY with Certificate of Service(Knish, Kelsey)
April 19, 2022 Opinion or Order Filing 2 Summons Issued as to GENESIS HEALTHCARE, INC.. Forwarded To: Louis H. Kozloff on 4/19/22 (fdc)
April 19, 2022 Opinion or Order 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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Counter defendant: NATIONAL FIRE AND MARINE INSURANCE COMPANY
Represented By: Kelsey Knish
Represented By: LOUIS H. KOZLOFF
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Counter claimant: GENESIS HEALTHCARE, INC.
Represented By: FIONA HOGAN
Represented By: PAMELA DIANNE HANS
Represented By: RHONDA D. ORIN
Represented By: JOHN P. LACEY, JR.
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Special master: HON. THOMAS J. RUETER
Represented By: THOMAS J. RUETER
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Special master: HONORABLE SUE L. ROBINSON
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