Metro Aviation et al v. USA
| Metro Aviation, Chartis Aerospace Insurance Services, Illinois National Insurance, XL Specialty Insurance, Berkley Aviation and Allianz Aviation Managers |
| USA |
| 2:2010cv00445 |
| May 12, 2010 |
| US District Court for the District of Utah |
| Central Office |
| Salt Lake |
| Tena Campbell |
| Airplane |
| 28 U.S.C. § 1407 Airline Crash |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 3, 2014. A more recent docket listing may be available from PACER.
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Filing 131
CLERK'S JUDGMENT entered in favor of the Defendant; Plaintiffs' complaint is dismissed with prejudice - CASE CLOSED. Signed by ALT, Deputy Clerk. Magistrate Judge Brooke C. Wells no longer assigned to case (alt)
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Filing 130
ORDER AND MEMORANDUM DECISION granting #99 Motion for Partial Summary Judgment; denying #109 Cross Motion for Summary Judgment. Signed by Judge Tena Campbell on 6/16/14 (alt)
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Filing 129
NOTICE of Address Change for Counsel by Metro Aviation (Bullock, Roger)
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Filing 127
NOTICE OF TRANSMITTAL to Office of Montana Atty General of letter, Form DU02a and certified copy of #108 Notice of Claim of Unconstitutionality sent via US Mail (7003 1680 0002 1682 2093) (alt)
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Filing 126
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 2/28/2014 re #109 Cross MOTION for Summary Judgment filed by XL Specialty Insurance, Berkley Aviation, Metro Aviation, Allianz Aviation Managers, Illinois National Insurance, #99 MOTION for Partial Summary Judgment (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution filed by USA. The parties are present. The court hears argument and takes the matter under advisement. Attorney for Plaintiff: Mark S. Northcraft, Attorney for Defendant: Steven Aaron Kirsch, Jeannette F. Swent, Mark Tomicich. Court Reporter: Patti Walker. (cff)
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Filing 125
REPLY to Response to Motion re #109 Cross MOTION for Summary Judgment filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Northcraft, Mark)
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Filing 124
APPENDIX to #123 Reply Memorandum/Reply to Response to Motion filed by Defendant USA . (Attachments: #1 Exhibit 1 - Letter from NTSB General Counsel to U.S. Dep't of Justice, May 20, 2008, #2 Exhibit 2 - Opinion and Order, In re Aircrash at Lexington, Kentucky, No. 5:06-cv-316 (E.D. Ky. July 18, 2008), #3 Exhibit 3 - Excerpts of Deposition of Cathleen Moore, Ph.D., #4 Exhibit 4 - Excerpts of Deposition of Charles A. Berry, M.D., #5 Exhibit 5 - Excerpts of FAA Aeronautical Information Manual, #6 Exhibit 6 - Excerpts of Deposition of Charles Atterbury, #7 Exhibit 7 - Excerpts of Deposition of Gary Shimon, #8 Exhibit 8 - Excerpts of Deposition of Michael Stanberry (Dengel v. Metro case), #9 Exhibit 9 - Excerpts of Deposition of Tom Stott)(Kirsch, Steven)
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Filing 123
REPLY to Response to Motion re #99 MOTION for Partial Summary Judgment (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution filed by Defendant USA. (Kirsch, Steven)
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Filing 122
ORDER granting #120 Motion for Extension of Time to File Response/Reply re #109 Cross MOTION for Summary Judgment: Reply due by 2/14/2014. Signed by Judge Tena Campbell on 1/29/14 (alt)
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Filing 121
Motions No Longer Referred: #120 MOTION for Extension of Time to File Response/Reply as to #109 Cross MOTION for Summary Judgment, #116 Memorandum in Opposition to Motion and Memorandum in Support (cff)
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Filing 120
MOTION for Extension of Time to File Response/Reply as to #109 Cross MOTION for Summary Judgment, #116 Memorandum in Opposition to Motion and Memorandum in Support filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Northcraft, Mark)
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Filing 119
EXHIBIT C filed by USA re #117 Appendix to #116 Memorandum in Opposition to #109 Cross MOTION for Summary Judgment (exhibit is a single disc containing the audio recording of argument held before the MT Supreme Court of 5/14/13 and cannot be uploaded to the CM/ECF docket: disc will be kept in permanent storage) (alt)
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Filing 118
NOTICE OF CONVENTIONAL FILING of CD-ROM: Metro Aviation, Inc. v. United States, No. OP-0429, Certified Recording of Oral Argument Before Montana Supreme Court, May 14, 2013 and Authentic Certificate filed by Defendant USA re #116 Memorandum in Opposition to Motion, #117 Appendix,, (Kirsch, Steven)
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Filing 117
APPENDIX to #116 Memorandum in Opposition to Motion filed by Defendant USA . (Attachments: #1 Exhibit Ex. A - Notice of Removal and Jury Demand, #2 Exhibit Ex. B - Remand Order, #3 Exhibit Ex. D - Montana H.B. 572, 1997 Mt. ALS 429, #4 Exhibit Ex. E - Plaintiffs' Opening Brief in Montana S. Ct., #5 Exhibit Ex. F - Errata to Plaintiffs' Opening Brief in Montana S. Ct., #6 Exhibit Ex. G - Plaintiffs' Reply Brief in Montana S. Ct., #7 Exhibit Ex. H - Plaintiffs' Petition for Rehearing in Montana S. Ct.)(Kirsch, Steven)
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Filing 116
Defendant's MEMORANDUM in Opposition re #109 Cross MOTION for Summary Judgment filed by Defendant USA. (Kirsch, Steven)
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Filing 115
ORDER granting #111 Motion for Extension of Time to File Response/Reply re: #99 MOTION for Partial Summary Judgment (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution - Reply due by 2/7/2014; #109 Cross MOTION for Summary Judgment - Response due by 2/7/2014. Signed by Judge Tena Campbell on 12/30/13 (alt)
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Filing 114
NOTICE OF CONVENTIONAL FILING of Plaintiffs' Notice of Conventional Filing of Exhibits filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Illinois National Insurance, Metro Aviation, XL Specialty Insurance re #107 Response to Motion,,, (Northcraft, Mark)
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Filing 113
EXHIBITS 1 and 6 filed by Allianz Aviation Managers, Berkley Aviation, Illinois National Insurance, Metro Aviation, XL Specialty Insurance re #107 Response to #99 MOTION for Partial Summary Judgment (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution. Exhibits consist of 2 separate discs containing videos that cannot be uploaded to the CM/ECF docket. Discs will be kept in permanent storage. (alt)
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Filing 112
Motions No Longer Referred: #111 MOTION for Extension of Time to File Response/Reply as to #109 Cross MOTION for Summary Judgment and Memorandum in Support , #99 MOTION for Partial Summary Judgment (Renewed) Concerning Plaintiffs' Claims for Indemnity and Con (cff)
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Filing 111
MOTION for Extension of Time to File Response/Reply as to #109 Cross MOTION for Summary Judgment and Memorandum in Support , #99 MOTION for Partial Summary Judgment (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution, #107 Response to Motion,,, Unopposed filed by Defendant USA. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Kirsch, Steven)
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Filing 110
NOTICE OF HEARING ON MOTION re: #109 Cross MOTION for Summary Judgment and Memorandum in Support , #99 MOTION for Partial Summary Judgment (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution : Motion Hearing set for 2/28/2014 at 10:00 AM in Room 103 before Judge Tena Campbell. (Notice generated by chambers) (cff)
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Filing 109
Cross MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Northcraft, Mark)
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Filing 108
NOTICE OF CLAIM OF UNCONSTITUTIONALITY filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Illinois National Insurance, Metro Aviation, XL Specialty Insurance (Northcraft, Mark)
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Filing 107
RESPONSE to Motion re #99 MOTION for Partial Summary Judgment (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Attachments: #1 Exhibit Decl of C. Atterbury-Ex 1, #2 Exhibit Errata Sheet-Ex 2, #3 Exhibit Excerpts of Dep of C. Atterbury-Ex 3, #4 Exhibit Decl of D. Stimpson-Ex 4, #5 Exhibit Excerpts of Dep of D. Sebock-Ex 5, #6 Exhibit Re-Enactment of Crash Video-Ex 6, #7 Exhibit Dep Exhibits of D. Sebock-Ex 7, #8 Exhibit Decl of C. Moore-Ex 8, #9 Exhibit Report of Dr. C. Berry-Ex 9, #10 Exhibit Excerpts of Dep of C. Moore-Ex 10, #11 Exhibit Excerpts of Dep of J. Sheets-Ex 11, #12 Exhibit Excerpts of Dep of Dr. C. Berry-Ex 12, #13 Exhibit Bozeman ATC Transcript-Ex 13, #14 Exhibit Excerpts of Dep M. Murphy-Ex 14)(Northcraft, Mark)
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Filing 106
ORDER granting #104 Motion for Extension of Time to File Response/Reply re #99 MOTION for Partial Summary Judgment (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution: Response due by 12/29/2013. Signed by Judge Tena Campbell on 11/22/12 (alt)
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Filing 105
Motions No Longer Referred: #104 MOTION for Extension of Time to File Response/Reply as to #99 MOTION for Partial Summary Judgment (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution and Memorandum in Support (lam)
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Filing 104
MOTION for Extension of Time to File Response/Reply as to #99 MOTION for Partial Summary Judgment (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution and Memorandum in Support filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Northcraft, Mark)
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Filing 103
**SEALED DOCUMENT** SEALED EXHIBIT 8 TO #100 Appendix to #99 MOTION for Partial Summary Judgment (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution filed by Defendant USA (alt)
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Filing 102
**SEALED DOCUMENT** SEALED EXHIBIT 6 to #100 Appendix to #99 MOTION for Partial Summary Judgment (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution filed by Defendant USA (Attachments: #1 Index of Sealed Exhibits) (alt) Modified on 11/6/2013: corrected "Date Filed" (alt)
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Filing 101
NOTICE OF CONVENTIONAL FILING of Sealed Ex. 6 - Release of Claim made by Estate of Paul Erickson; and Sealed Ex. 8 - Settlement Agreement and Release of All Claims Concerning the Dengel Litigation filed by Defendant USA re #100 Appendix,,,, #99 MOTION for Partial Summary Judgment and Memorandum in Support (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution (Kirsch, Steven)
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Filing 100
APPENDIX to #99 MOTION for Partial Summary Judgment and Memorandum in Support (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution filed by Defendant USA . (Attachments: #1 Exhibit 1 - Excerpts of Deposition of Michael Stanberry from Dengel case, #2 Exhibit 2 - Excerpts of Deposition of Tom Stott, #3 Exhibit 3 - Excerpts of Transcript of Radio Communications between N45MF and Salt Lake Center, #4 Exhibit 4 - Excerpts of Deposition of Jeffrey Sheets, #5 Exhibit 5 - Plaintiffs' Disclosures of Testifying Experts, #6 Exhibit 7 - Complaint, R. Dengel v. Metro Aviation, No. DDV-08-302 (Mont. 8th Jud. Dist Ct.), #7 Exhibit 9 - Excerpts of Deposition of Clayton Smith, #8 Exhibit 10 - Excerpts of Deposition of Gary Shimon, #9 Exhibit 11 - Excerpts of Deposition of Charles Atterbury, #10 Exhibit 12 - Document entitled "Settlement Factors," Ex. 162 to Deposition of Jeffrey Sheets, #11 Exhibit 13 - Excerpts of Deposition of Mike Stanberry)(Kirsch, Steven)
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Filing 99
MOTION for Partial Summary Judgment and Memorandum in Support (Renewed) Concerning Plaintiffs' Claims for Indemnity and Contribution filed by Defendant USA. (Kirsch, Steven)
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Filing 98
ORDER granting #97 Motion for Leave to File 2 Exhibits Under Seal. Signed by Judge Tena Campbell on 10/23/13 (alt)
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Filing 97
Consent MOTION for Leave to File Two Confidential Exhibits Under Seal in Support of United States' Renewed Motion for Partial Summary Judgment and Memorandum in Support filed by Defendant USA. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Kirsch, Steven)
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Filing 96
DOCKET TEXT ORDER: Renewed Motion for Partial Summary Judgment is to be filed by 11/1/13. So ordered by Judge Tena Campbell on 10/18/13 (docket text only - no attached document) (alt)
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Filing 95
NOTICE of Appropriation of Funds for Department of Justice Operations and Request for New Deadline to File Renewed Motion for Partial Summary Judgment by USA re #94 Order on Motion to Stay, #91 Order, (Kirsch, Steven)
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Filing 94
ORDER granting #92 Motion to Stay in Light of United States Government Cessation. Signed by Judge Tena Campbell on 10/9/13 (alt)
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Filing 93
Motions No Longer Referred: #92 First MOTION to Stay Unopposed (cff)
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Filing 92
First MOTION to Stay Unopposed filed by Defendant USA. (Attachments: #1 Text of Proposed Order Proposed order granting motion) Motions referred to Brooke C. Wells.(Kirsch, Steven)
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Filing 91
ORDER that Defendant United States of America shall file a renewed motion for partial summary judgment no later than October 18, 2013. The due dates for the opposition brief and reply brief are to be calculated according to the usual response times set forth in the local rules. Signed by Judge Tena Campbell on 09/30/2013. (asp)
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Filing 90
STATUS REPORT by USA. (Kirsch, Steven)
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Filing 89
STATUS REPORT by Allianz Aviation Managers, Berkley Aviation, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Northcraft, Mark)
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Filing 88
NOTICE OF FILING of Order from MT State Supreme Court denying Petition for Rehearing (alt)
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Filing 87
Minute Entry for proceedings held before Judge Tena Campbell: Status Conference held on 8/16/2013. The parties are present by telephone to discuss the status of the case since the Montana Supreme Court issued its order answering the certified question. The parties inform the court that a petition for rehearing before the Montana court has been denied. After hearing from counsel the court orders them to file simultaneous memoranda by 8/30/13 that outline remaining issues to be decided, possible motions the parties desire to file, and suggested deadlines, if any. Attorney for Plaintiff: Andrew T. Biggs, Attorney for Defendant: Edmund Ferguson, Steven Kirsch, Mark Tomicich. Court Reporter: Kelly Hicken. (cff)
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Filing 86
AMENDED NOTICE OF HEARING: Status Conference RESET for 8/16/2013 at 11:00 AM in Room 103 before Judge Tena Campbell. Out of state counsel may appear telephonically if they will join on one line and call into Judge Campbell's courtroom at 801-524-6509 a few minutes before 11:00 a.m. The court asks out of state counsel who desire to appear by phone to notify Ms. Ford, Judge Campbell's case administrator, at 801-524-6170, of their intention to appear via phone. (cff) . ***PLEASE NOTE DATE CHANGE*** (cff)
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Filing 85
NOTICE OF HEARING: (Notice generated by chambers) Status Conference set for 8/13/2013 at 11:00 AM in Room 103 before Judge Tena Campbell. Out of state counsel may appear telephonically if they will join on one line and call into Judge Campbell's courtroom at 801-524-6509 a few minutes before 11:00 a.m. The court asks out of state counsel who desire to appear by phone to notify Ms. Ford, Judge Campbell's case administrator, at 801-524-6170, of their intention to appear via phone. (cff)
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Filing 84
ORDER from the MT Supreme Court Pursuant to Rule 15(4) of MT Rules of Appellate Procedure. MT Supreme Court answers no to each of the 3 certified questions. Signed by Justice Patricia O. Cotter; decided on 7/16/13 (alt)
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Filing 83
NOTICE OF FILING of Order of Supreme Court of the State of Montana re Oral Argument. (asp)
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Filing 82
NOTICE OF FILING of Order from MT State Supreme Court granting the Montana Trial Lawyers Association's motion for leave to file an amicus brief. (asp)
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Filing 81
NOTICE OF FILING of Order from MT State Supreme Court accepting Certification of Questions of Law with directions to counsel (alt)
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Filing 80
ORDER vacating all pending deadlines/hearings set in the scheduling order; dates to be reset following final decision of MT Supreme Court on Certification Order. Signed by Judge Tena Campbell on 7/25/12 (alt)
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Filing 79
RECEIPT: Order re Certfication of Question received at MT Supreme Court on 7/18/12 (alt)
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Filing 78
NOTICE OF FILING of received from MT Supreme Court: MT Supreme Court case number OP 12-0429 given to Certified Question (alt)
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Filing 77
Motions No Longer Referred: #76 Joint MOTION to Stay Proceedings Pending Decision on Certified Questions (cff)
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Filing 76
Joint MOTION to Stay Proceedings Pending Decision on Certified Questions filed by Defendant USA. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Kirsch, Steven)
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Filing 75
NOTICE OF TRANSMITTAL that questions have been certified to the Montana Supreme Court. Notice and certified copy of Certification Order sent via US Mail (alt)
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Filing 74
ORDER granting #70 Motion for Certification of Questions re Montana contribution statute, Mont. Code Ann. 27-1-703, to Montana State Supreme Court. Signed by Judge Tena Campbell on 7/16/12 (alt)
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Filing 73
ORDER AND MEMORANDUM DECISION taking under advisement #42 Motion for Partial Summary Judgment. Signed by Judge Tena Campbell on 7/16/12 (alt)
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Filing 72
Motions No Longer Referred: #70 MOTION for Certification of Issue to State Supreme Court underMinute Order of the Court dated June 14, 2012 (cff)
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Filing 71
Motions No Longer Referred: #70 MOTION for Certification of Issue to State Supreme Court underMinute Order of the Court dated June 14, 2012 (lam)
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Filing 70
MOTION for Certification of Issue to State Supreme Court underMinute Order of the Court dated June 14, 2012 filed by Defendant USA. (Attachments: #1 Exhibit A - Correspondence, #2 Exhibit B - Proposed Order Certifying Questions to Montana S. Ct.) Motions referred to Brooke C. Wells.(Kirsch, Steven)
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Filing 69
Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 6/7/2012 re #42 MOTION for Partial Summary Judgment Concerning Claims for Indemnity and Contribution filed by USA. The Court hears oral argument and takes the matter under advisement. The Court denies the US's written objection (Docket No. #50 ) as moot. The parties are to submit, within 30 days, a proposed certification order addressing the questions of indemnity and contribution. Attorney for Plaintiff: Mark Northcraft, Attorney for Defendant: Steven Kirsch. Court Reporter: Ray Fenlon.(mjm)
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Filing 68
NOTICE of SUPPLEMENTAL AUTHORITY by Allianz Aviation Managers, Berkley Aviation, Illinois National Insurance, Metro Aviation, XL Specialty Insurance re #48 Memorandum in Opposition to Motion (Northcraft, Mark)
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Filing 67
NOTICE OF HEARING ON MOTION re: #42 MOTION for Partial Summary Judgment Concerning Claims for Indemnity and Contribution : (Notice generated by Mary Jane McNamee) Motion Hearing set for 6/7/2012 at 1:30 PM in Room 103 before Judge Tena Campbell. (mjm)
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Filing 66
ORDER denying #57 Motion for Leave to File Surreply. Signed by Judge Tena Campbell on 5/16/12 (alt)
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Filing 65
REPLY to Response to Motion re #57 MOTION for Leave to File Surreply to Def's MPSJ filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Chartis Aerospace Insurance Services, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Northcraft, Mark)
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Filing 64
REPLY BRIEF re #50 Objections, filed by Defendant USA. (Ferguson, Edmund)
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Filing 63
MEMORANDUM in Opposition re #57 MOTION for Leave to File Surreply to Def's MPSJ filed by Defendant USA. (Kirsch, Steven)
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Filing 62
ORDER denying #52 Motion for Hearing on Motion for Partial Summary Judgment. Signed by Judge Tena Campbell on 5/2/12 (alt)
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Filing 61
REPLY to Response to Motion re #52 Plaintiff's MOTION for Hearing re #42 MOTION for Partial Summary Judgment Concerning Claims for Indemnity and Contribution filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Chartis Aerospace Insurance Services, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Northcraft, Mark)
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Filing 60
Motions No Longer Referred: #57 MOTION for Leave to File Surreply to Def's MPSJ (cff)
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Filing 59
RESPONSE re #50 Objections,,to the Use of NTSB Reports filed by Allianz Aviation Managers, Berkley Aviation, Chartis Aerospace Insurance Services, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Attachments: #1 Exhibit Excerpts from U.S. Expert Report)(Northcraft, Mark)
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Filing 58
MEMORANDUM in Support re #57 MOTION for Leave to File Surreply to Def's MPSJ filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Chartis Aerospace Insurance Services, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Attachments: #1 Exhibit 1 Plts' Surreply to Def's MPSJ)(Northcraft, Mark)
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Filing 57
MOTION for Leave to File Surreply to Def's MPSJ filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Chartis Aerospace Insurance Services, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Northcraft, Mark)
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Filing 56
RESPONSE to Motion re #52 Plaintiff's MOTION for Hearing re #42 MOTION for Partial Summary Judgment Concerning Claims for Indemnity and Contribution filed by Defendant USA. (Kirsch, Steven)
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Filing 55
ERRATA to #48 Memorandum in Opposition to Motion,,,,,, filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Chartis Aerospace Insurance Services, Illinois National Insurance, Metro Aviation, XL Specialty Insurance . (Northcraft, Mark)
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Filing 54
Motions No Longer Referred: #52 Plaintiff's MOTION for Hearing re #42 MOTION for Partial Summary Judgment Concerning Claims for Indemnity and Contribution. Motion shall be handled by the District Court. (amn)
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Filing 53
Plaintiff's MEMORANDUM in Support re #52 Plaintiff's MOTION for Hearing re #42 MOTION for Partial Summary Judgment Concerning Claims for Indemnity and Contribution filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Chartis Aerospace Insurance Services, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Northcraft, Mark)
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Filing 52
Plaintiff's MOTION for Hearing re #42 MOTION for Partial Summary Judgment Concerning Claims for Indemnity and Contribution filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Chartis Aerospace Insurance Services, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Attachments: #1 Text of Proposed Order Oral Argument) Motions referred to Brooke C. Wells.(Northcraft, Mark)
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Filing 51
ERRATA to #48 Memorandum in Opposition to Motion,,,,,, filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Chartis Aerospace Insurance Services, Illinois National Insurance, Metro Aviation, XL Specialty Insurance . (Northcraft, Mark)
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Filing 50
OBJECTIONS to #48 Memorandum in Opposition to Motion,,,,,, Use of NTSB Safety Recommendantions and Aircraft Accident Brief filed by USA. (Attachments: #1 Exhibit 1. Letter from NTSB General Counsel, #2 Exhibit 2. Opinion and Order, In re Aircrash at Lexington, Ky.)(Kirsch, Steven)
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Filing 49
REPLY to Response to Motion re #42 MOTION for Partial Summary Judgment Concerning Claims for Indemnity and Contribution filed by Defendant USA. (Attachments: #1 Exhibit Motion to Amend Answer to Add Third Party Compl., Dengel v. Metro Aviation, #2 Exhibit 1997 Mont. H.B. 572, 1997 Mt. ALS 429, #3 Exhibit Excerpts of Deposition of Clayton Smith, #4 Exhibit Plaintiffs Disclosure of Testifying Experts, #5 Exhibit Excerpts of Deposition of Gary Shimon, #6 Exhibit Metro Aviation, Inc.s Resp. to Pls Mot. Part. Summ. J. Re Liability, Dengel v. Metro Aviation, #7 Exhibit Excerpts of Deposition of Mike Stanberry, Dengel v. Metro Aviation, #8 Exhibit Document entitled Settlement Factors, Ex. 162 to Deposition of Jeffrey Sheets, #9 Exhibit Excerpts of Deposition of Jeffrey Sheets)(Kirsch, Steven)
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Filing 48
MEMORANDUM in Opposition re #42 MOTION for Partial Summary Judgment Concerning Claims for Indemnity and Contribution filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Chartis Aerospace Insurance Services, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Attachments: #1 Exhibit 1 - NTSB Factual Aviation Report, #2 Exhibit 2 - Photo of Terrain, #3 Exhibit 3 - Photo of Terrain, #4 Errata 4 - Photo of Terrain, #5 Exhibit 5 - Photo with Plane Hitting Trees, #6 Exhibit 6 - Dep of Hogenson, #7 Exhibit 7 - Ex 90 to Dep of Hogenson, #8 Exhibit 8 - Declaration of Shimon, #9 Exhibit 9 - Area A Map, #10 Exhibit 10 - Dep of Bergstrom, #11 Exhibit 11 - Aircraft Accident Package, #12 Exhibit 12 - Dep of Nicol, #13 Exhibit 13 - Air Traffic Control Order, #14 Exhibit 14 - Polygons for Sectors 06 and 19, #15 Exhibit 15 - Declaration of Smith, #16 Exhibit 16 - Radar Data ZLC DART, #17 Exhibit 17 - May 9, 2007 Memorandum, #18 Exhibit 18 - Satori Stills, #19 Exhibit 19 - Report Analysis of Turner, #20 Exhibit 20 - Dep of Murphy, #21 Exhibit 21 - Ex 81 to Dep of Murphy, #22 Exhibit 22 - LN45MF Actual Flight Path, #23 Exhibit 23 - USA's Responses to Rogs & RFP, #24 Exhibit 24 - ACES View - US 001913, #25 Exhibit 25 - NTSB Safety Recommendation, #26 Exhibit 26 - NTSB Aircraft Accident Brief, #27 Exhibit 27 - 04:01:22 Satori Still Image, #28 Exhibit 28 - Non-Radar Airspace and Buffer Diagram, #29 Exhibit 29 - Radar Data, #30 Exhibit 30 - Dep of Atterbury)(Northcraft, Mark)
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Filing 47
ORDER granting #46 Motion for Amended Scheduling Order: Expert Discovery due by 4/20/2012.. Signed by Magistrate Judge Brooke C. Wells on 3/13/12 (alt)
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Filing 46
Stipulated MOTION for Extension of Time to Complete Discovery filed by Defendant USA. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Kirsch, Steven) Modified on 3/12/2012: updated motion relief (tls).
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Filing 45
**SEALED DOCUMENT** SEALED EXHIBITS 3 & 6 TO #43 Memorandum in Support of #42 MOTION for Partial Summary Judgment Concerning Claims for Indemnity and Contribution, filed by Defendant USA (Attachments: #1 Exhibit 3, #2 Exhibit 6) (alt)
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Filing 44
NOTICE OF CONVENTIONAL FILING of Exhibits 3 and 6 to Memorandum in Support of Motion for Partial Summary Judgment (Confidential Releases and Settlement Agreements) filed by Defendant USA re #43 Memorandum in Support of Motion, (Kirsch, Steven)
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Filing 43
MEMORANDUM in Support re #42 MOTION for Partial Summary Judgment Concerning Claims for Indemnity and Contribution filed by Defendant USA. (Attachments: #1 Exhibit Ex. 1 - Transcript of FAA - Aircraft Communications, #2 Exhibit Ex. 2 - Deposition of Tom Stott (excerpts), #3 Exhibit Ex. 4 - Deposition of Jeffrey Sheets (excerpts), #4 Exhibit Ex. 5 - Dengel v. Metro Aviation Complaint, #5 Exhibit Ex. 7 - Montana Session Laws)(Kirsch, Steven)
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Filing 42
MOTION for Partial Summary Judgment Concerning Claims for Indemnity and Contribution filed by Defendant USA. (Attachments: #1 Text of Proposed Order)(Kirsch, Steven)
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Filing 41
ORDER granting #40 Motion for Admission Pro Hac Vice of James R. Morrison for Allianz Aviation Managers, Berkley Aviation, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Magistrate Judge Brooke C. Wells on 10/4/11 (alt)
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Filing 40
MOTION for Admission Pro Hac Vice of James R. Morrison and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-1446758, filed by Plaintiff Metro Aviation. (Attachments: #1 Exhibit A - Proposed Order for Pro Hac Vice Admission, #2 Exhibit B - Registration Form - James Morrison)(Bullock, Roger)
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Filing 39
ORDER granting #37 Motion for Extension of Time to Complete Discovery. Fact Discovery due by 12/15/2011. Expert Discovery due by 4/13/2012. Signed by Magistrate Judge Brooke C. Wells on 9/29/2011. (las)
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Filing 38
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motion referred to Brooke C. Wells.. So ordered by Judge Tena Campbell on 9/28/11 (docket text only - no attached document) (alt)
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Magistrate Judge Brooke C. Wells added as referral magistrate judge. (asb)
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Filing 37
Joint MOTION for Extension of Time to Complete Discovery filed by Defendant USA. (Attachments: #1 Text of Proposed Order)(Kirsch, Steven)
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Filing 36
ORDER granting #35 Motion to Amend Certain Scheduling Order Deadlines: Expert Discovery due by 3/30/2012. Signed by Magistrate Judge David Nuffer (alt)
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Filing 35
Stipulated MOTION for Scheduling Order filed by Plaintiffs Allianz Aviation Managers, Berkley Aviation, Chartis Aerospace Insurance Services, Illinois National Insurance, Metro Aviation, XL Specialty Insurance. (Attachments: #1 Text of Proposed Order Amend Scheduling Order)(Northcraft, Mark)
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Filing 34
AMENDED STIPULATED PROTECTIVE ORDER re Confidential Information. Signed by Judge Tena Campbell on 1/11/11 (Attachments: #1 Checklist for Filing Documents Under Seal) (alt)
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Filing 33
Joint MOTION for Protective Order Amendment filed by Defendant USA. (Attachments: #1 Exhibit Proposed Amended Stipulated Protective Order)(Kirsch, Steven)
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Filing 32
NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (asp)
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Filing 31
NOTICE OF ADR, e-mailed or mailed to Plaintiffs Allianz Aviation Managers, Berkley Aviation, Chartis Aerospace Insurance Services, Illinois National Insurance, Metro Aviation, XL Specialty Insurance, Defendant USA. (asp)
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Filing 30
ANSWER to #25 Amended Complaint, filed by USA.(Kirsch, Steven)
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Filing 29
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff XL Specialty Insurance identifying XL Group PLC as Corporate Parent. (Northcraft, Mark)
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Filing 28
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Illinois National Insurance identifying American International Group, Inc. as Corporate Parent. (Northcraft, Mark)
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Filing 27
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Berkley Aviation identifying W. R. Berkley Corporation as Corporate Parent. (Northcraft, Mark)
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Filing 26
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Allianz Aviation Managers identifying Allianz of America, Inc. as Corporate Parent. (Northcraft, Mark)
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Filing 25
AMENDED COMPLAINT against USA with Jury Demand. New Plaintiffs: Illinois National Insurance Company, XL Specialty Insurance Company, Berkley Aviation, LLC, and Allianz Aviation Managers, LLC. Removed Plaintiffs: Chartis Aerospace Insurance Services, Inc.., filed by Metro Aviation. (Northcraft, Mark)
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Filing 24
ORDER granting #23 Motion to Amend Complaint. Signed by Judge Tena Campbell on 10/25/10 (alt)
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Filing 23
Joint MOTION to Amend/Correct Complaint filed by Plaintiffs Chartis Aerospace Insurance Services, Metro Aviation. (Attachments: #1 Text of Proposed Order Order Granting Filing of Amended Complaint)(Northcraft, Mark)
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Filing 22
STIPULATED PROTECTIVE ORDER re: Confidential Information. Signed by Judge Tena Campbell on 10/13/10 (Attachments: #1 Checklist for Filing Documents Under Seal) (alt)
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Filing 21
Joint MOTION for Protective Order filed by Defendant USA. (Attachments: #1 Text of Proposed Order)(Kirsch, Steven)
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Filing 20
ORDER granting #19 Motion for Admission Pro Hac Vice of Edmund Murray Ferguson for USA. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Tena Campbell on 8/31/10 (alt)
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Filing 19
MOTION for Admission Pro Hac Vice of Edmund Murray Ferguson (no registration fee required) filed by Defendant USA. (Attachments: #1 Exhibit A - Application for Admission, #2 Exhibit B - ECF Registration, #3 Text of Proposed Order)(Swent, Jeannette)
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Filing 18
ORDER granting #17 Motion for Amended Scheduling Order. Amended Pleadings due by 11/1/2010. Joinder of Parties due by 11/1/2010. Discovery due by 2/28/2012. Motions due by 4/30/2012. Final Pretrial Conference set for 9/24/2012 03:00 PM in Room 230 before Judge Tena Campbell. 10-day Bench Trial set for 10/15/2012 08:30 AM in Room 230 before Judge Tena Campbell. Signed by Magistrate Judge David Nuffer on 7/26/10 (alt)
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Filing 17
Consent MOTION to Amend/Correct #16 Scheduling Order, filed by Defendant USA. (Attachments: #1 Text of Proposed Order)(Kirsch, Steven) Modified on 7/28/2010: updated motion relief (alt)
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Filing 16
SCHEDULING ORDER: Amended Pleadings due by 11/1/2010. Joinder of Parties due by 11/1/2010. Discovery due by 2/28/2012. Motions due by 4/30/2012. Final Pretrial Conference set for 9/24/2012 03:00 PM in Room 230 before Judge Tena Campbell. 10-day Bench Trial set for 10/15/2012 08:30 AM in Room 230 before Judge Tena Campbell. Signed by Magistrate Judge David Nuffer on 7/6/10 (alt)
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Filing 15
REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Scheduling Order and Order Vacating Hearing)(Northcraft, Mark)
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Filing 14
AMENDED ANSWER to Plaintiffs' Complaint filed by Defendant USA. (Kirsch, Steven)
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Filing 13
ORDERS granting #11 Motion for Admission Pro Hac Vice of Mark S. Northcraft for Metro Aviation and Chartis Aerospace Insurance Services, granting #12 Motion for Admission Pro Hac Vice of Andrew T. Biggs for Metro Aviation and Chartis Aerospace Insurance Services. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Tena Campbell on 5/24/10 (alt)
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Filing 12
Plaintiff's MOTION for Admission Pro Hac Vice of Andrew T. Biggs, Registration fee $ 15, receipt number 10880000000001121200, filed by Plaintiffs Metro Aviation, Chartis Aerospace Insurance Services. (Attachments: #1 Exhibit A - Application for Admission PHV, #2 Exhibit B - Electronic Case Filing Registration Form, #3 Text of Proposed Order Proposed Order)(Bullock, Roger)
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Filing 11
Plaintiff's MOTION for Admission Pro Hac Vice of Mark S. Northcraft, Registration fee $ 15, receipt number 10880000000001121179, filed by Plaintiffs Metro Aviation, Chartis Aerospace Insurance Services. (Attachments: #1 Exhibit A - Application for Admission PHV, #2 Exhibit B - Electronic Case Filing Registration Form, #3 Text of Proposed Order Proposed Order)(Bullock, Roger)
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Filing 10
NOTICE of Appearance by Roger H. Bullock on behalf of all plaintiffs (Bullock, Roger)
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Filing 9
ANSWER to Complaint filed by USA.(Kirsch, Steven)
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Filing 8
ORDER granting #7 Motion for Admission Pro Hac Vice of Steven Aaron Kirsch for USA. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Tena Campbell on 5/12/10 (alt)
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Filing 7
MOTION for Admission Pro Hac Vice of Steven Aaron Kirsch (no registration fee required) filed by Defendant USA. (Attachments: #1 Exhibit A - Application for Admission, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order)(Swent, Jeannette)
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Filing 6
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Steven A. Kirsch, for Defendant USA (rks)
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Filing 5
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Cathy Jo Kahnle and Mark S. Northcraft, for Plaintiffs Metro Aviation, Chartis Aerospace Insurance Services (Attachments: #1 PHV Letter for Attorney Northcraft) (rks)
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Filing 4
**SEALED DOCUMENT** re #3 File Received. Document 12 - Exhibit B - List of Witnesses. Document contains personal information. (rks)
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Filing 3
File Received from USDC District of Montana - Missoula Division consisting of Documents 11-15. Main document is Document 11. (Attachments: #1 Doc 11 Exhibit A - Declaration of Mark Tomicich, #2 Doc 11 Exhibit B - Claim Denial Letter, #3 Doc 11 Exhibit C - Report of Aircraft Accident, #4 Doc 11 Exhibit D - Declaration of Jene Zullo, #5 Doc 11 Exhibit E - Excerpt of FAA Transcripts, #6 Doc 12 - Plaintiff's Response to Dft Motion for Change of Venue, #7 Doc 12 Exhibit A - Declaration of Mark S. Northcraft, #8 Doc 12 Exhibit C - Air Traffic Centers, #9 Doc 12 Exhibit D - Flight Duration Document, #10 Doc 12 Exhibit E- ATC Radar Study, #11 Doc 12 Exhibit F - NTSB Transcript, #12 Doc 12 Exhibit G - Radar Data Plots, #13 Doc 12 Exhibit H - Outerlink Tracking Data, #14 Doc 12 Exhibit I - MSAW Data, #15 Doc 12 Exhibit J - Timeline Data, #16 Doc 12 Exhibit K - Map, #17 Doc 12 Exhibit L - Map with Data, #18 Doc 12 Exhibit M - Map with data, #19 Doc 13 - Join Discovery Plan, #20 Doc 14 - Reply to Response to Motion, #21 Doc 15 - Order of 5/7/10) (rks)
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Filing 2
File Received from USDC District of Montana - Missoula Division consisting of Docket, and documents 1-10 (Attachments: #1 Complaint, #2 Civil Cover Sheet, #3 Corporate Disclosure Statement - Metro Aviation, #4 Exhibit Summons for Issuance, #5 Exhibit Summons for Issuance, #6 Summons Issued - Cotter, #7 Summons Issued - Holder, #8 Doc 3 - Motion PHV, #9 Motion 3 Attachment - Affidavit in Support, #10 Motion 3 Attachment - Proposed Order, #11 Corporate Disclosure Statement - Chartis Aerospace, #12 Doc 5 - Order PHV, #13 Doc 6 - Affidavit of Service and Attachments, #14 Doc 7 - Notice, Acknowledgment of PHV, #15 Doc 8 - Supplement re Order PHV, #16 Doc 9 - Preliminary Pretrial Conference Order, #17 Doc 10 - Motion to Dismiss) (rks)
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Filing 1
Case transferred in from District of Montana - Missoula Division; Case Number 9:10cv00006 DWM. Original file with documents numbered 1-16, certified copy of transfer order and docket sheet received., filed by Metro Aviation, Chartis Aerospace Insurance Services. Assigned to Judge Tena Campbell (rks)
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