Seneca Insurance v. Alton Coal Development et al
Plaintiff: Seneca Insurance
Defendant: Alton Coal Development and Caterpillar Financial Services
Case Number: 2:2015cv00761
Filed: October 27, 2015
Court: US District Court for the District of Utah
Office: Central Office
County: Iron
Presiding Judge: Ted Stewart
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 3, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 3, 2018 Opinion or Order Filing 186 ORDER granting #185 Stipulated Motion to Dismiss. Case Closed. All claims and causes of action are hereby DISMISSED WITH PREJUDICE, with each party to bear its own costs and attorneys' fees. Magistrate Judge Evelyn J. Furse no longer assigned to case. Signed by Judge Ted Stewart on 1/3/18. (jlw)
January 2, 2018 Filing 185 Stipulated MOTION to Dismiss All Claims with Prejudice filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Text of Proposed Order Draft Order)(Vazquez, Richard)
December 12, 2017 Opinion or Order Filing 184 ORDER granting #183 Motion for amended Scheduling Order. Motions due by 12/20/2017. Rule 26(a)(3) Pretrial Disclosures due for Plaintiff by 3/16/18 and for Defendant by 3/30/18. Jury Trial set for 5/21/2018 at 08:30 AM in Rm 8.300 before Judge Ted Stewart. Pretrial Conference set for 5/7/2018 at 02:30 PM in Rm 8.300 before Judge Ted Stewart. Signed by Magistrate Judge Evelyn J. Furse on 12/11/17. (jlw)
November 28, 2017 Filing 183 Stipulated MOTION for Extension of Time to Complete Discovery filed by Plaintiff Seneca Insurance. (Attachments: #1 Text of Proposed Order Amended Case Management Order and Order Modifying Schedule) Motions referred to Evelyn J. Furse.(Vazquez, Richard) Modified on 12/12/2017 by changing from motion for extension of time to motion for amended scheduling order (jlw).
November 7, 2017 Opinion or Order Filing 182 AMENDED SCHEDULING ORDER: Motions due by 11/30/2017., Rule 26(a)(3) Pretrial Disclosures due for Plaintiff by 2/23/2018 and for Defendant by 3/9/2018;, Final Pretrial Conference set for 4/16/2018 at 02:30 PM in Rm 8.300 before Judge Ted Stewart., 9 Day Jury Trial set for 4/30/2018 at 08:30 AM in Rm 8.300 before Judge Ted Stewart. See order for further details. Signed by Magistrate Judge Evelyn J. Furse on 11/7/17. (jlw)
November 1, 2017 Opinion or Order Filing 181 DOCKET TEXT ORDER finding as moot #179 Motion for Scheduling Order Signed by Magistrate Judge Evelyn J. Furse on 11/1/2017. No attached document. (lnp)
October 31, 2017 Filing 180 Amended MOTION for Scheduling Order and Case Management Order (Stipulated) filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Denny, Robert)
October 30, 2017 Filing 179 Stipulated MOTION for Scheduling Order and Case Management Order filed by Plaintiff Seneca Insurance. (Attachments: #1 Text of Proposed Order Case Management Order and Order Modifying Schedule) Motions referred to Evelyn J. Furse.(Denny, Robert)
October 24, 2017 Opinion or Order Filing 178 MEMORANDUM DECISION AND ORDER OVERRULING OBJECTION TO MAGISTRATE JUDGE DECISION. The summary of, or copies of, highwall miner policies issued by Seneca for five years prior to the issuance of the Alton policy are due within fourteen (14) days of this Order. The 30(b)(6) deposition must be completed within thirty (30) days of this Order and is limited to four (4) hours. Specific concerns about the proper scope of the deposition can be raised with the Magistrate Judge at the appropriate time. SO ORDERED Signed by Judge Ted Stewart on 10/24/17. (jlw)
October 23, 2017 Opinion or Order Filing 177 ORDER granting #176 Motion for Scheduling Order and Case Management Order: Motions due by 10/31/2017. Final Pretrial Conference set for 3/9/2018 at 02:30 AM in Rm 8.300 before Judge Ted Stewart. 9 Day Jury Trial set for 4/2/2018 at 08:30 AM in Rm 8.300 before Judge Ted Stewart. Deadline for filing partial motion to exclude testimony is 30 days after the last expert deposition but in no case later than 2/1/18. See order for further details. Signed by Magistrate Judge Evelyn J. Furse on 10/23/17. (jlw)
October 13, 2017 Filing 176 Stipulated MOTION for Scheduling Order (to Modify Scheduling Order and Case Management Order) filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Denny, Robert)
October 9, 2017 Filing 175 RESPONSE re #166 Objection to Magistrate Judge Decision to District Court, filed by Alton Coal Development. (Farr, Douglas)
September 29, 2017 Opinion or Order Filing 174 ORDER granting #173 Motion for Extension of Time to File Response. Defendant/Counterclaim Plaintiff, Alton Coal Development shall have up to and including Monday, October 9, 2017 to respond to the objection to the Magistrate Judges Order #164 . Signed by Judge Ted Stewart on 9/29/17. (jlw)
September 29, 2017 Filing 173 Joint MOTION for Extension of Time to File Response/Reply as to #168 Order,, filed by Defendant Alton Coal Development, Counter Claimant Alton Coal Development. (Attachments: #1 Text of Proposed Order Extending time to respond to objection) Motions referred to Evelyn J. Furse.(Bayer, Bennett)
September 22, 2017 Filing 172 EXPERT REPORT of David Newman filed by Defendant Alton Coal Development.(Farr, Douglas)
September 20, 2017 Opinion or Order Filing 171 ORDER granting #167 Motion to Stay the Court's August 29, 2017 Order. Signed by Magistrate Judge Evelyn J. Furse on 9/20/17. (jlw)
September 19, 2017 Opinion or Order Filing 170 DOCKET TEXT ORDER finding as moot #143 Motion to Stay Signed by Judge Ted Stewart on 9/19/2017. No attached document. (cg)
September 19, 2017 Filing 169 NOTICE of Withdrawal of Objection to Magistrate Judge Furse's June 1, 2017 Order by Seneca Insurance re #142 Objection to Magistrate Judge Decision to District Court, (Denny, Robert)
September 18, 2017 Opinion or Order Filing 168 ORDER: Defendants are directed to respond to re #164 Order #166 Objection to Magistrate Judge Decision to District Court filed by Seneca Insurance. Furthermore, Plaintiff is directed to inform the Court of the status of its previous objection to the Magistrate Judges Order, filed June 15, 2017, #142 with one day of this order. If Plaintiff fails to inform the Court as directed, the June 15 Objection will be deemed overruled and no further order will be issued. Signed by Judge Ted Stewart on 9/18/17. (jlw)
September 12, 2017 Filing 167 MOTION to Stay re #164 Order,,,,,, filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Denny, Robert)
September 12, 2017 Filing 166 OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by Seneca Insurance re #164 Order,,,,,, (Attachments: #1 Exhibit 1 Seneca 2842-2846)(Denny, Robert)
August 31, 2017 Filing 165 EXPERT REPORT of Jaryl L. Rencher Witness filed by Defendant Alton Coal Development.(Farr, Douglas)
August 29, 2017 Opinion or Order Filing 164 ORDER RE: UNDERWRITING DISCOVERY: The Court GRANTS Alton Coals motion to depose Senecas 30(b)(6) witness on the issue of underwriting of other highwall miners for five years prior to issuance of the policy at issue and to compel A summary of, or copies of highwall miner policies issued by Seneca...with descriptions of the equipment insured, location and value. Alton made these motions orally at the August 25, 2017 status conference. Seneca represented that it has only written twenty-four such policies. Seneca alleges Alton Coal engaged in fraud in obtaining its insurance. Alton Coal denies the claim. A key issue has become what Alton Coal was supposed to disclose,when, and how. Seneca does not have written underwriting policies and claims Alton Coal violated its underwriting policies and procedures. Thus Alton Coal seeks to test Senecas testimony regarding its policies and procedures through production of the other highwall miner policies. Given only twenty four similar policies exist, the lack of other written material by which to discovery the policies, and the narrow scope of the requested information, the Court grants Alton Coals Motion. The Court ORDERS Seneca to prepare its 30(b)(6) witness on the issue of underwriting of highwall miners for five years prior to issuance of the policy at issue and produce A summary of, or copies of highwall miner policies issued by Seneca... with descriptions of the equipment insured, location and value for the same period prior to the deposition.The Court SO ORDERS Signed by Magistrate Judge Evelyn J. Furse on 8/29/17. (jlw)
August 28, 2017 Filing 162 Regarding City of Orem v. Evanston Ins. Co BRIEF filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Denny, Robert)
August 28, 2017 Filing 161 In Response to August 25, 2017 Discovery Hearing BRIEF filed by Defendant Alton Coal Development. (Farr, Douglas)
August 25, 2017 Filing 163 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Discovery Hearing held on 8/25/2017. Court hears argument from counsel regarding discovery issues. Court orders each party to submit briefing by noon on Monday, 8/28/2017 regarding the Rule 30(b)(6) deposition of Seneca. Court finds description of testimony from David Newman would warrant an expert report. Defense counsel requests an additional week to complete. Plaintiffs counsel does not object to the extension. Plaintiffs counsel requests additional time to complete 30(b)(6) depositions/expert depositions. Court instructs parties to meet and confer and set definitive dates within two weeks. Court also instructs counsel to file a stipulated motion to modify the scheduling order or one party to file a motion requesting a schedule if they can't reach agreement. Attorney for Plaintiff: Katherine Maguire, Kenneth Maguire - Appearing by Phone. Robert Denny. Attorney for Defendant: Bennett Bayer, Douglas Farr, Kamie Brown. Court Reporter: Electronic.(Time Start: 11:05:01, Time End: 12:24:32, Room 7.400.)(lnp)
August 24, 2017 Filing 160 STATUS REPORT by Alton Coal Development. (Farr, Douglas)
August 22, 2017 Filing 159 NOTICE OF HEARING: (Notice generated by EJF Chambers) Discovery Hearing set for 8/25/2017 at 11:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (lnp)
August 1, 2017 Filing 158 EXPERT REPORT of David L. Huff , Witness filed by Defendant Alton Coal Development, Counter Claimant Alton Coal Development. (Attachments: #1 Exhibit Written Report of David L. Huff)(Bayer, Bennett)
July 21, 2017 Opinion or Order Filing 157 CASE MANAGEMENT ORDER AND ORDER granting #153 Motion for Amended Scheduling Order. Expert Discovery due by 9/30/2017. Completion of 30(b)(6) depositions by 7/31/17. Expert Reports due by 7/31/17. Counter Reports due by 8/31/17. The January 12, 2017, Case Management Order and Order Modifying Schedule (Document #96) and the May 23, 2017, Case Management Order and Order Modifying Schedule (Document #131) are modified as set out above; the new deadlines are Ordered by the Court, subject to the stipulations. Signed by Magistrate Judge Evelyn J. Furse on 7/21/17. (jlw)
July 21, 2017 Filing 156 NOTICE of Designation of 30(b)(6) witnesses by Alton Coal Development (Bayer, Bennett)
July 20, 2017 Opinion or Order Filing 155 ORDER granting #154 Motion to Stay the Court's Decision on Plaintiff's #142 Objection to Judge Furse's June 1, 2017, Order. The Court will not issue any ruling on that objection until the Court receives further notice from the parties. Signed by Judge Ted Stewart on 7/20/2017. (eat)
July 19, 2017 Filing 154 Stipulated MOTION to Stay re #142 Objection to Magistrate Judge Decision to District Court, filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Denny, Robert)
July 19, 2017 Filing 153 Joint MOTION for Extension of Time to Complete Discovery filed by Defendant Alton Coal Development, Counter Claimant Alton Coal Development. (Attachments: #1 Text of Proposed Order Modifying Scheduling Orders) Motions referred to Evelyn J. Furse.(Bayer, Bennett) Modified by changing event type to motion for scheduling order on 7/19/2017 (eat).
July 17, 2017 Filing 152 DISCOVERY DISPUTE LETTER filed by Plaintiff Seneca Insurance.(Maguire, Katherine)
July 10, 2017 Filing 151 Reply MEMORANDUM re #142 Objection to Magistrate Judge Decision to District Court, filed by Seneca Insurance. (Denny, Robert) Modified on 7/10/2017 corrected text (las).
July 3, 2017 Filing 150 RESPONSE re #142 Objection to Magistrate Judge Decision to District Court,, filed by Alton Coal Development. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A - Plaintiffs Response to Request for Production of Documents, #3 Exhibit B - Senecas Initial Disclosures, #4 Exhibit C - February 9, 2016, Seneca letter to Alton, #5 Exhibit D - November 10, 2016 Email, #6 Exhibit E - May 27, 2016 Letter, #7 Exhibit F - Bates Numbered Docs. Seneca1671-1680, #8 Exhibit G - 01/23/2017 Hearing Transcript, #9 Exhibit H - 04/25/2017 Hearing Transcript, #10 Exhibit I - Response to 4/25/17 Case Management Hearing/Order, #11 Exhibit J - 06/01/2017 Hearing Transcript, #12 Exhibit K - G. Crapanzano Depo. Transcript, #13 Exhibit L - J. Moran Depo. Transcript, #14 Exhibit M - K. Finkenor-Muldoon Depo Transcript)(Farr, Douglas)
June 21, 2017 Filing 149 MEMORANDUM DECISION denying #128 Motion for Judgment on the Pleadings, or, in the alternative, Motion for Summary Judgment. Signed by Judge Ted Stewart on 6/21/17. (jlw)
June 19, 2017 Opinion or Order Filing 148 ORDER RE FAILURE OF PLAINTIFF / COUNTERCLAIM DEFENDANT SENECA INSURANCECOMPANY, INC. TO COMPLY WITH CASE MANAGEMENT ORDERS: This matter having come before the Court on May 26, 2007, pursuant to a Short Form Discovery Motion (Dkt. 132) submitted by Defendant / Counterclaim Plaintiff Alton Coal Development, LLC (Alton Coal); and the Court having conducted a hearing on June 1, 2017; and the Court having reviewed all opposition to the motion submitted, and having heard argument from all counsel; the Court orders as follows: 1. Plaintiff / Counterclaim Defendant Seneca Insurance Company, Inc. (Seneca Insurance) shall immediately, as of June 1, 2017, provide unredacted copies to Alton Coal of documents bates labelled SENECA4136 through SENECA4187. 2. Seneca Insurance is in violation of this Courts April 20, 2017 Case Management Order (Dkt. 121, 5), and its May 23, 2017 Case Management Order and Order Modifying Schedule (Dkt. 131, 2). The Courts April 20th and May 23rd Orders stand. Seneca Insurance is responsible for future costs associated with compliance with the Courts April 20th and May 23rd Orders. 3. The Court awards fees and costs to Alton Coal associated with Alton Coals Short Form Discovery Motion. The Court directs Alton Coal to submit a motion for its fees and costs. Signed by Magistrate Judge Evelyn J. Furse on 6/19/17. (jlw)
June 19, 2017 Opinion or Order Filing 147 ORDER re #142 Objection to Magistrate Judge Decision to District Court. Pursuant to DUCivR 72-3(b), Defendants are directed to respond to Plaintiff's objection (Docket No. #142 ) to the Magistrate Judge's Order (Docket No. 136 ) within 14 days of this Order. Any reply must be filed within 7 days of the response. Signed by Judge Ted Stewart on 6/19/2017. (jwt)
June 16, 2017 Filing 146 REPLY to Response to Motion re #128 Defendant's MOTION for Judgment on the Pleadings and Memorandum in Support ,or, in the alternative, MOTION for Summary Judgment and Memorandum in Support filed by Defendant Caterpillar Financial Services. (Farr, Douglas)
June 16, 2017 Filing 144 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Compel held on June 1, 2017 before Judge Evelyn J. Furse. Court Reporter/Transcriber Ray Fenlon, Telephone number (801)809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/7/2017. Redacted Transcript Deadline set for 7/17/2017. Release of Transcript Restriction set for 9/14/2017. (kpf) Modified by removing restricted text on 10/17/2017 (rks).
June 15, 2017 Filing 143 MOTION to Stay re 136 Motion Hearing,,, filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Exhibit Email of Costs, #2 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Denny, Robert)
June 15, 2017 Filing 142 OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by Seneca Insurance re 136 Motion Hearing,,, (Attachments: #1 Exhibit Pages to Crapanzano Depo, #2 Exhibit Hearing transcript 1-23-17, #3 Exhibit Seneca Ins Response to CMO, #4 Exhibit Email)(Denny, Robert)
June 13, 2017 Opinion or Order Filing 141 ORDER granting #140 Motion for Extension of Time to File Reply in Support of #128 Defendant's MOTION for Judgment on the Pleadings, or, in the alternative, MOTION for Summary Judgment. Defendant Caterpillar Financial Services' Reply due by 6/16/2017. Signed by Magistrate Judge Evelyn J. Furse on 6/13/2017. (eat)
June 12, 2017 Filing 140 Joint MOTION for Extension of Time to File Response/Reply in Support of #128 Motion for Summary Judgment, filed by Defendant Caterpillar Financial Services. Motions referred to Evelyn J. Furse.(Farr, Douglas) Modified by adding docket entry relationship to motion and correcting docket text on 6/13/2017 (eat).
June 7, 2017 Filing 139 DISCOVERY DISPUTE LETTER filed by Plaintiff Seneca Insurance.(Maguire, Kenneth)
June 6, 2017 Filing 138 NOTICE of Proof of Service of Subpoena Duces Tecum to Wheeler Machinery by Seneca Insurance (Vazquez, Richard)
June 5, 2017 Filing 137 NOTICE OF WITHDRAWAL OF COUNSEL of Stephen W. Smithson filed by Stephen W. Smithson on behalf of Alton Coal Development (Smithson, Stephen)
June 1, 2017 Filing 136 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing held on 6/1/2017 re #132 MOTION to Expedite Short Form Discovery and Memorandum in Support MOTION to Compel filed by Alton Coal Development. Court hears argument from counsel. After hearing from counsel, the Court GRANTS #132 MOTION to Expedite Short Form Discovery and instructs defense counsel for Alton Coal to prepare and submit a proposed order. Courts prior order re minute entry 123 stands and needs to be followed. Court awards costs and fees to Defendant Alton Coal. Court instructs Defendant Alton Coal to submit a motion with a detail of costs of fees. Attorney for Plaintiff: Kenneth Maguire appearing by phone. Robert Denny., Attorney for Defendant: Bennett E. Bayer appearing by phone. Stephen Smithson. Court Reporter: Electronic.(Time Start: 11:01:42, Time End: 11:33:02, Room 8.400.)(lnp)
May 31, 2017 Filing 135 Plaintiff's MEMORANDUM in Opposition re #132 MOTION to Expedite Short Form Discovery and Memorandum in Support MOTION to Compel filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Exhibit Documents Provided, #2 Text of Proposed Order.)(Denny, Robert)
May 30, 2017 Filing 134 Plaintiff's MEMORANDUM in Opposition re #128 Defendant's MOTION for Judgment on the Pleadings and Memorandum in Support ,or, in the alternative, MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Exhibit Caterpillar Answer, #2 Exhibit Alton Policy)(Denny, Robert)
May 30, 2017 Filing 133 NOTICE OF HEARING ON MOTION re: #132 MOTION to Expedite Short Form Discovery and Memorandum in Support MOTION to Compel : (Notice generated by EJF Chambers) Motion Hearing set for 6/1/2017 at 11:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. (lnp)
May 26, 2017 Filing 132 MOTION to Expedite Short Form Discovery and Memorandum in Support filed by Defendant Alton Coal Development, Counter Claimant Alton Coal Development. (Attachments: #1 Exhibit A - Exerpts of Crapanzano DT, #2 Exhibit B - Seneca's Response to CMO, #3 Exhibit C - Memo of Issues, #4 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Farr, Douglas). Added MOTION to Compel on 5/30/2017 (eat).
May 23, 2017 Set/Reset Deadlines: Fact Discovery due by 6/16/2017. Parties bearing burden of proof by 7/17/17. Counter reports due 8/17/17. If the Parties have further discovery problems, the Court directs that they meet and confer to resolve those problems. The Parties may submit discovery dates by stipulation, contrary to this Order, so long as those dates do not affect any subsequent dates. If the proposed dates would affect subsequent dates, the Parties are directed to file a stipulated motion. If the Parties cannot agree, then the Parties are directed to move the Court for relief. (jlw)
May 23, 2017 Opinion or Order Filing 131 CASE MANAGEMENT ORDER and ORDER MODIFYING SCHEDULE and ORDER granting in part and denying in part #110 Motion to Compel. Signed by Magistrate Judge Evelyn J. Furse on 5/23/17. (jlw)
May 19, 2017 Filing 130 Modification of Docket: Error: Counsel filed a document containing personal information. Correction: the document has been sealed and Counsel is instructed to review the Court's Privacy Policy and redact all private information from documents that they file in the future re #129 Notice of Intent to Serve Subpoena. (eat)
May 19, 2017 Filing 129 NOTICE of Intent to Serve Subpoena by Alton Coal Development (Farr, Douglas)
May 3, 2017 Filing 128 Defendant's MOTION for Judgment on the Pleadings and Memorandum in Support ,or, in the alternative,, MOTION for Summary Judgment and Memorandum in Support filed by Defendant Caterpillar Financial Services. (Smithson, Stephen)
May 2, 2017 Filing 126 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on April 25, 2017 April 24, 2017 before Judge Evelyn J. Furse. Court Reporter/Transcriber Ray Fenlon, Telephone number 801-809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/23/2017. Redacted Transcript Deadline set for 6/2/2017. Release of Transcript Restriction set for 7/31/2017. (las) Modified on 5/4/2017 (jmr). Modified on 7/31/2017 by removing restricted text (las).
April 28, 2017 Opinion or Order Filing 125 ORDER granting in part docket entry # 124 Oral Motion to Continue Kathleen Finkenor-Muldoon's Deposition. Ms. Finkenor-Muldoon is ordered to sit for four more hours of deposition in addition to the remaining one hour and thirty-six minutes, not including breaks. Signed by Magistrate Judge Evelyn J. Furse on 4/28/2017. (eat)
April 25, 2017 Filing 124 ORAL MOTION to Continue Deposition of Kathleen Finkenor-Muldoon filed by Defendant Alton Coal Development. Motions referred to Evelyn J. Furse.(lnp)
April 25, 2017 Filing 123 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing/Case Management Hearing held on 4/25/2017 re #110 MOTION to Compel Production of Documents and Memorandum in Support filed by Alton Coal Development, Scheduling Conference held on 4/25/2017. Court hears argument from counsel and GRANTS IN PART, DENIES IN PART #110 MOTION to Compel Production of Documents. Court instructs defense counsel to prepare and submit a proposed order. Court orders a revision of the privilege log to be completed by 5/16/2017. Court hears discussion from counsel regarding case management/scheduling. After hearing from counsel, the court sets dates and instructs counsel to prepare and submit a case management order. Attorney for Plaintiff: Katherine Maguire, Kenneth Maguire - Appearing by Phone. Robert Denny, Attorney for Defendant: Bennett E. Bayer, Stephen W. Smithson. Court Reporter: Electronic.(Time Start: 2:06:21, Time End: 3:46:48, Room 7.400.)(lnp)
April 20, 2017 Filing 122 NOTICE OF HEARING Case Management Hearing AND Hearing re: #110 MOTION to Compel Production of Documents and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 4/25/2017 at 02:00 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. Conference call information to be emailed to Non-Local Counsel. (lnp)
April 20, 2017 Opinion or Order Filing 121 CASE MANAGEMENT ORDER: In light of the pending mediation in this case, all dates set forth in the June 26, 2016, Order Modifying Schedule are temporarily stayed. The Parties shall appear for a Case Management Hearing on April 25, 2017, at 2:00 p.m. Non-Local counsel may appear by phone and argue on ECF 110. Court to allow one hour total for argument. Parties to agree and divide time as counsel sees fit with equal time for both sides. Signed by Magistrate Judge Evelyn J. Furse on 4/20/2017. (eat)
April 17, 2017 Opinion or Order Filing 120 MEMORANDUM DECISION AND ORDER denying Defendant's #117 Motion for Partial Summary Judgment. Signed by Judge Ted Stewart on 4/17/2017. (eat)
April 7, 2017 Filing 119 REPLY to Response to Motion re #117 MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendant Alton Coal Development. (Farr, Douglas)
March 24, 2017 Filing 118 Plaintiff's MEMORANDUM in Opposition re #117 MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiff Seneca Insurance. (Attachments: #1 Exhibit KFM Affidavit, #2 Exhibit Complaint, #3 Exhibit Alton Answer, #4 Exhibit Finkenor-Muldoon Depo, #5 Exhibit Crapanzano Depo)(Vazquez, Richard)
February 24, 2017 Filing 117 MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendant Alton Coal Development. (Attachments: #1 Appendix of Exhibits, #2 Exhibit D - Ex. B to 64, Motion for Protective Order and bates number PT&C/LWC00198-PT&C/LWG001099, #3 Exhibit E - Bates number SENECA1593-1594, 1605-1606, 1642-1653, #4 Exhibit F - Bates number SENECA1205-1228, #5 Exhibit G - Bates number SENECA0521-0522)(Smithson, Stephen)
February 24, 2017 Filing 116 REPLY to Response to Motion re #110 MOTION to Compel Production of Documents and Memorandum in Support filed by Defendant Alton Coal Development. (Attachments: #1 Appendix of Exhibits, #2 Exhibit D - Ex. B to 64, Motion for Protective Order and bates number PT&C/LWC00198-PT&C/LWG001099, #3 Exhibit E - Bates number SENECA1593-1594, 1605-1606, 1642-1653, #4 Exhibit F - Bates number SENECA1205-1228, #5 Exhibit G - Bates number SENECA0521-0522, #6 Text of Proposed Order Granting Motion to Compel)(Smithson, Stephen)
February 10, 2017 Filing 115 MEMORANDUM in Opposition re #110 MOTION to Compel Production of Documents and Memorandum in Support filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Exhibit 1 - Excerpts of Deposition of Kathleen Finenor-Muldoon, #2 Exhibit 2 - February 3, 2015 Seneca Reservation of Rights letter)(Denny, Robert)
February 6, 2017 Filing 113 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing/Case Management Conference held on January 23, 2017, before Magistrate Judge Evelyn J. Furse. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2017. Redacted Transcript Deadline set for 3/9/2017. Release of Transcript Restriction set for 5/8/2017. (eat) Modified on 5/8/2017 by removing restricted text (las).
February 2, 2017 Opinion or Order Filing 112 ORDER granting #111 Motion for Extension of Time to File Response/Reply re #110 MOTION to Compel Production of Documents. Plaintiff's response due by 2/10/2017. Defendant's reply due by 2/24/2017. Signed by Magistrate Judge Evelyn J. Furse on 2/2/2017. (eat)
February 1, 2017 Filing 111 Stipulated MOTION for Extension of Time to Respond to Alton Coal's #110 Motion to Compel Production of Documents filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Denny, Robert) Modified by creating docket entry relationship to motion to compel and by changing event type to motion for extension of time to file response/reply on 2/1/2017 (eat).
January 27, 2017 Filing 110 MOTION to Compel Production of Documents and Memorandum in Support filed by Defendant Alton Coal Development. (Attachments: #1 Exhibit A - Engagement Letter, #2 Exhibit B - Privilege Log, #3 Exhibit C - Depo Transcript Excerpts of K. Finkenor) Motions referred to Evelyn J. Furse.(Smithson, Stephen)
January 23, 2017 Filing 108 Minute Order. Proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing/Case Management Conference held on 1/23/2017 re #92 Plaintiff's MOTION to Expedite Short Form Motion - MOTION for Protective Order filed by Seneca Insurance. Court hears argument from counsel and finds as moot #92 Motion to Expedite/Motion for Protective Order. Defense counsel makes an oral motion for extension of time to conduct deposition of Ms. Finkenauer, Court takes the matter under advisement. Court orders a copy of the full deposition with exhibits to be submitted to the court. Court instructs parties to meet and confer regarding mediation and instructs counsel to submit a proposed order by 2/3/2017. Attorney for Plaintiff: Robert T. Denny. Katherine M. Maguire, Kenneth R. Maguire - Appearing by phone., Attorney for Defendant Stephen W. Smithson, Douglas P. Farr, Kamie F. Brown. Bennett E. Bayer - Appearing by phone. Court Reporter: Electronic.(Time Start: 1:01:52, Time End: 2:18:49, Room 7.400.) (lnp)
January 20, 2017 Filing 107 STIPULATION re #106 Response to Discovery, 105 Order, #101 Objection to Magistrate Judge Decision to District Court, #102 MOTION to Stay re #97 Order on Motion to Expedite, Order on Motion to Compel, #101 Objection to Magistrate Judge Decision to District Court MOTION to Expedite , #104 Order, WITHDRAWING OBJECTION by Seneca Insurance. (Maguire, Katherine)
January 20, 2017 Filing 106 RESPONSE to Discovery Request from Alton Coal filed by Plaintiff Seneca Insurance.(Maguire, Katherine)
January 19, 2017 Opinion or Order Filing 105 DOCKET TEXT ORDER re #102 MOTION to Stay re #97 Order on Motion to Expedite, Order on Motion to Compel, #101 Objection to Magistrate Judge Decision to District Court MOTION to Expedite filed by Seneca Insurance No attached document. Court Orders the Defendant's to Respond by 12:00 PM (NOON) on Friday, 1/20/2017. Signed by Magistrate Judge Evelyn J. Furse on 1/19/2017. (lnp)
January 19, 2017 Opinion or Order Filing 104 ORDER TO RESPOND to Plaintiff's #101 Objection to Magistrate Judge Decision to District Court re #97 Order on Motion to Expedite, Order on Motion to Compel. Defendants are directed to respond within 14 days of this Order. Any reply must be filed within 7 days of the response. Signed by Judge Ted Stewart on 1/19/2017. (eat)
January 18, 2017 Filing 103 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on December 9, 2016 before Judge Evelyn J. Furse. Court Reporter/Transcriber Ed Young, Telephone number 801-328-3202. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/8/2017. Redacted Transcript Deadline set for 2/21/2017. Release of Transcript Restriction set for 4/18/2017. (jmr) Modified on 4/19/2017 by removing restricted text (las).
January 18, 2017 Filing 102 MOTION to Stay re #97 Order on Motion to Expedite, Order on Motion to Compel, #101 Objection to Magistrate Judge Decision to District Court , MOTION to Expedite filed by Plaintiff Seneca Insurance. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Denny, Robert)
January 18, 2017 Filing 101 Expedite OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by Seneca Insurance re #97 Order on Motion to Expedite, Order on Motion to Compel (Denny, Robert) Modified on 1/18/2017 by adding expedite per call from counsel. (las).
January 18, 2017 Opinion or Order Filing 100 ORDER granting #99 Expedited Motion for Extension of Time to File Motion to Compel. Defendant's deadline to file its motion to compel set in Dkt. #96 does not begin to run until Plaintiff serves its supplemental response to Interrogatory Number 5. Signed by Magistrate Judge Evelyn J. Furse on 1/18/2017. (eat)
January 17, 2017 Filing 99 Expedited MOTION for Extension of Time to File Motion to Compel and Memorandum in Support filed by Defendant Alton Coal Development. (Attachments: #1 Exhibit A - 1/13/2017 Email from D. Farr, #2 Exhibit B - 1/16/2017 Emial from K. Maguire to D. Farr, #3 Text of Proposed Order Granting Expedited Motion for Extension of Time to File Motion to Compel) Motions referred to Evelyn J. Furse.(Smithson, Stephen) Modified by correcting docket text on 1/17/2017 (eat).
January 13, 2017 Opinion or Order Filing 98 ORDER DENYING #67 Motion for Protective Order. Signed by Magistrate Judge Evelyn J. Furse on 1/13/2017. (lnp)
January 13, 2017 Opinion or Order Filing 97 ORDER granting #76 Motion to Compel. Seneca is ORDERED to supplement its written answer within five days of this Order. Please see order for further details. Signed by Magistrate Judge Evelyn J. Furse on 1/13/17. (jlw)
January 12, 2017 Opinion or Order Filing 96 CASE MANAGEMENT ORDER and ORDER MODIFYING SCHEDULING ORDER: Expert Discovery due by 9/15/2017. Dispositive or Potentially Dispositive Motions due by 10/13/2017. Final Pretrial Conference RESET for 3/5/2018 at 02:30 PM in Rm 8.300 before Judge Ted Stewart. 9 Day Jury Trial RESET for 3/19/2018 at 08:30 AM in Rm 8.300 before Judge Ted Stewart. Plaintiff's #64 Short Form Motion for Protective Order is denied. Plaintiff's #67 Short Form Motion Re: Deposition of Frank Donahue is held for further consideration by the Court. Defendant's #76 Short Form Discovery Motion is granted in part, but held for further consideration by the Court re the adequacy of Plaintiff's response to Defendant's Interrogatory #5. Signed by Magistrate Judge Evelyn J. Furse on 1/12/2017. (eat)
January 10, 2017 Filing 94 MEMORANDUM in Opposition re #92 Plaintiff's MOTION to Expedite Short Form Motion MOTION for Protective Order filed by Defendant Alton Coal Development. (Smithson, Stephen)
January 10, 2017 Filing 93 AMENDED NOTICE OF CASE MANAGEMENT HEARING AND HEARING ON MOTION re: #92 Plaintiff's MOTION to Expedite Short Form Motion MOTION for Protective Order : (Notice generated by EJF Chambers) Case Management Hearing/Motion Hearing set for 1/23/2017 at 01:00 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. HEARING TO BE HELD IN PERSON, NOT TELEPHONICALLY. (lnp)
January 9, 2017 Filing 92 Plaintiff's MOTION to Expedite Short Form Motion filed by Plaintiff Seneca Insurance. (Attachments: #1 Exhibit A Retainer Letter, #2 Exhibit B Settlement Letter 1-6-17, #3 Exhibit C Response to Settlement Letter, #4 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Denny, Robert). Added MOTION for Protective Order on 1/10/2017 (eat).
January 6, 2017 Filing 91 NOTICE OF TELEPHONIC CASE MANAGEMENT CONFERENCE : (Notice generated by MP at the request of EJF chamber's) Conference set for 1/23/2017 at 01:00 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. Conference call information to be emailed to counsel. (mlp)
December 20, 2016 Opinion or Order Filing 90 ORDER granting #70 Joint Motion to Modify Scheduling Order of June 29, 2016. The written discovery deadline is extended to January 31, 2017. Signed by Magistrate Judge Evelyn J. Furse on 12/19/2016. (eat)
December 19, 2016 Opinion or Order Filing 89 SUPPLEMENTAL CASE MANAGEMENT ORDER. Signed by Magistrate Judge Evelyn J. Furse on 12/19/2016. (eat)
December 13, 2016 Opinion or Order Filing 88 ORDER granting #86 Expedited Motion for an Order Adjourning Depositions. The Court directs the parties to reschedule the depositions of Kathleen Finkenor-Muldoon and Jack Moran. Signed by Magistrate Judge Evelyn J. Furse on 12/13/2016. (eat)
December 12, 2016 Filing 87 RESPONSE to Motion re #86 Plaintiff's MOTION to Expedite Order Adjourning Depositions (Short Form) Expedited MOTION for an Order Adjourning Depositions filed by Defendant Alton Coal Development, Counter Claimant Alton Coal Development. (Smithson, Stephen)
December 12, 2016 Filing 86 Plaintiff's Expedited MOTION for an Order Adjourning Depositions (Short Form) filed by Plaintiff Seneca Insurance. (Attachments: #1 Exhibit, #2 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Denny, Robert). Added MOTION for miscellaneous relief and corrected docket text on 12/12/2016 (eat).
December 12, 2016 Filing 85 Modification of Docket: Exhibit A to Defendant's #74 Memorandum in Opposition to Plaintiff's Short Form Discovery Motion has been sealed pursuant to #84 Order on Motion to Seal Document. (eat)
December 12, 2016 Opinion or Order Filing 84 ORDER granting Defendant's #81 Motion to Seal Exhibit A to Its #74 Memorandum in Opposition to Plaintiff's Short Form Discovery Motion. Signed by Magistrate Judge Evelyn J. Furse on 12/9/2016. (eat)
December 12, 2016 Opinion or Order Filing 83 ORDER granting Defendant's #80 Motion for Leave to File an Exhibit to Its #76 Short Form Discovery Motion Under Seal. Signed by Magistrate Judge Evelyn J. Furse on 12/9/2016. (eat)
December 9, 2016 Filing 95 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing/Case Management Conference held on 12/9/2016 re #64 Plaintiff's MOTION for Protective Order filed by Seneca Insurance, #67 Plaintiff's MOTION to Expedite Short Form Discovery Motion re: Deposition of Frank Donahue MOTION for Protective Order filed by Seneca Insurance, #76 Expedited MOTION to Compel Seneca to Respond to Interrogatory Number 5 and to Produce an Unredacted Copy of the "Seneca Claims Procedures." filed by Alton Coal Development. Court hears argument from counsel and DENIES #64 Plaintiff's MOTION for Protective Order and instructs Defense Counsel to prepare and submit a proposed order. Court GRANTS IN PART #76 Expedited MOTION to Produce an Unredacted Copy of the "Seneca Claims Procedures" and TAKES UNDER ADVISEMENT #76 Motion to Compel Seneca to Respond to Interrogatory Number 5; Court to issue an order. Court TAKES UNDER ADVISEMENT #67 Plaintiff's MOTION to Expedite Short Form Discovery Motion re: Deposition of Frank Donahue MOTION for Protective Order filed by Seneca Insurance. Case management issues discussed. Alton Coal made an Oral Motion to take a two day deposition of a witness. Court DENIES the Motion. Court instructs parties to prepare a new case management order, meet and confer regarding a proposed case management conference date, and to contact chambers with an agreed upon date. Attorney for Plaintiff: Katherine Maguire, Kenneth Maguire, Richard A. Vazquez, Robert Denny, Attorney for Defendant: Bennett E. Bayer, Douglas P. Farr, Stephen W. Smithson, Kamie Brown. Court Reporter: Electronic.(Time Start: 9:01:53, Time End: 10:44:48, Room 8.400.)(lnp)
December 8, 2016 Filing 82 NOTICE OF CONVENTIONAL FILING of Exhibit D, Seneca Claim Procedures To Alton Coal Development, LLCs Short Form Discovery Motion filed by Defendant Alton Coal Development, Counter Claimant Alton Coal Development re #80 MOTION for Leave to File Exhibit to Alton Coal Development, LLCs Short Form Discovery Motion Under Seal Pursuant to Rule 56(f) MOTION to Seal Document #76 Expedited MOTION to Compel Seneca to Respond to Interrogatory Number 5 and to Produce an Unredacted Copy of the "Seneca Claims Procedures." (Smithson, Stephen)
December 8, 2016 Filing 81 Ex Parte (Not Sealed) MOTION to Seal Document #74 Memorandum in Opposition to Motion,,,, Exhibit A to Opposition filed by Defendant Alton Coal Development, Counter Claimant Alton Coal Development. (Attachments: #1 Text of Proposed Order Granting Alton Coal Development, LLCs Ex Parte Motion to Seal Exhibit A pf Alton Coal Development, LLCs Opposition to Senecas Short Form Discovery Motion) Motions referred to Evelyn J. Furse.(Smithson, Stephen)
December 8, 2016 Filing 80 MOTION for Leave to File Exhibit to Alton Coal Development, LLCs Short Form Discovery Motion Under Seal Pursuant to Rule 56(f) , MOTION to Seal Document #76 Expedited MOTION to Compel Seneca to Respond to Interrogatory Number 5 and to Produce an Unredacted Copy of the "Seneca Claims Procedures." filed by Defendant Alton Coal Development, Counter Claimant Alton Coal Development. (Attachments: #1 Text of Proposed Order Granting Motion for Leave to File an Exhibit to Alton Coal Development, LLCs Short Form Discovery Motion Under Seal Pursuant to Rule 56(f)) Motions referred to Evelyn J. Furse.(Smithson, Stephen)
December 7, 2016 Filing 79 Plaintiff's MEMORANDUM in Opposition re #76 Expedited MOTION to Compel Seneca to Respond to Interrogatory Number 5 and to Produce an Unredacted Copy of the "Seneca Claims Procedures." filed by Plaintiff Seneca Insurance. (Attachments: #1 Exhibit Response to Interrogatory Number 5, #2 Text of Proposed Order Proposed Order)(Denny, Robert)
December 7, 2016 Filing 78 Supplemental MEMORANDUM in Opposition re #67 Plaintiff's MOTION to Expedite Short Form Discovery Motion re: Deposition of Frank Donahue MOTION for Protective Order filed by Defendant Alton Coal Development. (Attachments: #1 Exhibit 1 - Memo Decision in First American Title Ins. v. Northwest Title Ins. Agency)(Smithson, Stephen)
December 5, 2016 Filing 77 NOTICE OF HEARING ON MOTION re: #76 Expedited MOTION to Compel Seneca to Respond to Interrogatory Number 5 and to Produce an Unredacted Copy of the "Seneca Claims Procedures." : (Notice generated by EJF Chambers) Motion Hearing set for 12/9/2016 at 09:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. OPPOSITION DUE WEDNESDAY, 12/7/2016. HEARING TO BE HELD IN PERSON. (lnp)
December 2, 2016 Filing 76 Expedited MOTION to Compel Seneca to Respond to Interrogatory Number 5 and to Produce an Unredacted Copy of the "Seneca Claims Procedures." Alton Coal Development, LLC's Short Form Discovery Motion and Memorandum in Support filed by Defendant Alton Coal Development, Counter Claimant Alton Coal Development. Motions referred to Evelyn J. Furse.(Farr, Douglas). Added MOTION to Compel and corrected docket text on 12/5/2016 (eat).
December 1, 2016 Opinion or Order Filing 75 ORDER granting #71 Motion to Modify #58 Case Management Order of November 2, 2016. Paragraph 7 of the Case Management Order is amended to allow for the depositions of witnesses Donahue and Crapanzano in January of 2017. Signed by Magistrate Judge Evelyn J. Furse on 11/30/2016. (eat)
November 30, 2016 Filing 74 MEMORANDUM in Opposition re #67 Plaintiff's MOTION to Expedite Short Form Discovery Motion re: Deposition of Frank Donahue MOTION for Protective Order filed by Defendant Alton Coal Development. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A - Sep. 4, 2015 Memo re Large Loss Support Report, #3 Exhibit B - Oct. 22, 2016 Email from F. Donhue to G. Crapanzano re Alton Coal Claim, #4 Exhibit C - Oct. 26, 2016 e-mail chain re Senecas Complaint against Alton, #5 Exhibit D - Celerity, Inc. v. Ultra Clean Holdings, Inc., 2007 WL 205067 (N.D. Cal 2007), #6 Exhibit E - Apple Inc. v. Samsung Electronics Co., Ltd., 2012 WL 1511901 (N.D. Cal. 2012), #7 Exhibit F - In re Chase Bank USA, NA, 2011 WL 5248158 (N.D. Cal. 2011), #8 Exhibit G - Naylor Farms, Inc. v. Anadarko OGC Co., 2011 WL 2535067 (D. Colo. 2011), #9 Exhibit H - Finkenor-Muldoon Depo Testimony in TBD Capital, LLC v. Seneca Insurance Co., Inc., #10 Exhibit I - Crapanzano Depo Testimony in TBD Capital, LLC v. Seneca Insurance Co., Inc.)(Smithson, Stephen)
November 23, 2016 Set/Reset Deadlines: Defendant shall have until 12/1/2016 to file its response to #67 PLAINTIFFS SHORT FORM MOTION RE: DEPOSITION OF FRANK DONAHUE.(lnp)
November 23, 2016 Filing 73 CLERKS ORDER GRANTING re #72 MOTION to Expedite Joint Motion and Memorandum in Support Joint MOTION for Extension of Time to File Response/Reply as to #67 Plaintiff's MOTION to Expedite Short Form Discovery Motion re: Deposition of Frank Donahue MOTION for Protective Order and Memorandum in Support signed by L. Pagel, Deputy Clerk. (lnp)
November 23, 2016 Filing 72 Expedited Joint MOTION for Extension of Time to File Response/Reply as to #67 Plaintiff's Expedited MOTION for Protective Order re: Deposition of Frank Donahue and Memorandum in Support, filed by Defendant Alton Coal Development. (Attachments: #1 Text of Proposed Order Granting Expedited Joint Motion for Extension of Time to Submit a Response to Seneca's Short Form Discovery Motion) Motions referred to Evelyn J. Furse.(Smithson, Stephen) Modified by correcting docket text on 11/23/2016 (eat).
November 22, 2016 Filing 71 Joint MOTION to Modify Case Management Order of November 2, 2016 re #58 Order and Memorandum in Support filed by Defendant Alton Coal Development. (Attachments: #1 Text of Proposed Order Granting Joint Motion to Modify Case Management Order of November 2, 2016) Motions referred to Evelyn J. Furse.(Smithson, Stephen)
November 22, 2016 Filing 70 Joint MOTION to Modify Scheduling Order of June 29, 2016 re #42 Order on Motion for Scheduling Order, and Memorandum in Support filed by Defendant Alton Coal Development. (Attachments: #1 Text of Proposed Order Granting Joint Motion to Modify Scheduling Order of June 29, 2016) Motions referred to Evelyn J. Furse.(Smithson, Stephen) Modified by changing event type to motion for scheduling order on 11/22/2016 (eat).
November 22, 2016 Filing 69 MEMORANDUM in Opposition re #64 Plaintiff's MOTION for Protective Order filed by Defendant Alton Coal Development. (Attachments: #1 Appendix of Exhibits, #2 Exhibit D - Emails between Hartley, Martin and Finkenor - EMA000193, #3 Exhibit E - Emails between Muron, Koehler and Finkenor - PT&C/LWG001088-89, #4 Exhibit F - March 5, 2015 Engagement Letter from Snow, Christensen & Martineau (SENECA 2265-68), #5 Exhibit G - Email from Hartley to Muron, Koehler - PT&C/LWG 001092, #6 Exhibit H - Emails between Hartley, Muron and Koehler - PT&C/LWG001095-96, #7 Exhibit I - Emails between Finkenor and Vazquez - PT&C/LWG001097-98, #8 Exhibit J - Two privilege logs for Muron, #9 Exhibit K - July 7, 2016 email from Seneca discussing that one email that was redacted, #10 Exhibit L - September 9, 2016 Letter to Seneca counsel explaining waiver of privilege, and relevance in bad faith litigation, #11 Exhibit M - Oct. 13, 2016 Email from Smithson to Seneca)(Smithson, Stephen)
November 22, 2016 Filing 68 NOTICE OF HEARING ON MOTION re: #67 Plaintiff's MOTION to Expedite Short Form Discovery Motion re: Deposition of Frank Donahue MOTION for Protective Order : (Notice generated by EJF Chambers) Motion Hearing set for 12/9/2016 at 09:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. HEARING TO BE HELD IN PERSON IN COMBINATION WITH THE CASE MANAGEMENT CONFERENCE. PARTIES TO FOLLOW DATES SET AT LAST HEARING ON 11/10/2016. (lnp)
November 21, 2016 Filing 67 Plaintiff's Expedited MOTION for Protective Order re: Deposition of Frank Donahue filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Exhibit A Email, #2 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Denny, Robert). Added MOTION for Protective Order and corrected docket text on 11/22/2016 (eat).
November 21, 2016 Filing 66 AMENDED NOTICE OF HEARING ON MOTION re: #64 Plaintiff's MOTION for Protective Order : (Notice generated by EJF Chambers) Motion Hearing reset for 12/9/2016 at 09:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. HEARING TO BE HELD IN PERSON IN COMBINATION WITH THE CASE MANAGEMENT CONFERENCE. PARTIES TO FOLLOW DATES SET AT LAST HEARING ON 11/10/2016. (lnp)
November 18, 2016 Filing 65 NOTICE OF HEARING ON MOTION re: #64 Plaintiff's MOTION for Protective Order : (Notice generated by EJF Chambers) Motion Hearing set for 12/2/2016 at 04:00 PM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. OPPOSITION DUE 11/28/2016. (lnp)
November 17, 2016 Filing 64 Plaintiff's MOTION for Protective Order filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Exhibit A - Email correspondence, #2 Exhibit B - Email correspondence, #3 Exhibit C - Privilege Log, #4 Text of Proposed Order Proposed Protective Order) Motions referred to Evelyn J. Furse.(Vazquez, Richard)
November 17, 2016 Filing 63 NOTICE of Appearance by Robert T. Denny on behalf of Seneca Insurance (Denny, Robert)
November 14, 2016 Opinion or Order Filing 62 CORRECTED CASE MANAGEMENT ORDER re #58 Case Management Order. Signed by Magistrate Judge Evelyn J. Furse on 11/14/2016. (eat)
November 10, 2016 Filing 61 Minute Entry for telephonic proceedings held before Magistrate Judge Evelyn J. Furse: Case Management Conference held on 11/10/2016. Court hears argument from counsel and receives updates and progress. Counsel makes an oral motion to extend the deposition of Dennis Muron. Court hears argument and GRANTS the oral motion. Deposition to be rescheduled following reinsurance and reserve information prior to December 30, 2016. Court sets a case management conference for 12/9/2016 at 09:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. Hearing to be held in person. Attorney for Plaintiff: Katherine Maguire, Kenneth Maguire, Attorney for Defendant: Bennett E. Bayer, Douglas P. Farr, Stephen W. Smithson, Kamie Brown. Court Reporter: Electronic.(Time Start: 2:07:05, Time End: 3:13:39, Room 7.4.)(lnp)
November 10, 2016 Opinion or Order Filing 60 ORDER granting #52 Expedited Motion to Compel Seneca Insurance Company to Produce Reinsurance and Reserve Information. Signed by Magistrate Judge Evelyn J. Furse on 11/10/2016. (eat)
November 8, 2016 Filing 59 REPLY to Response to Motion re #52 MOTION to Expedite Motion and Memorandum in Support MOTION to Compel Seneca Insurance Company, Inc. to Produce Reinsurance and Reserve Information and Memorandum in Support filed by Defendant Alton Coal Development, Counter Claimant Alton Coal Development. (Smithson, Stephen)
November 2, 2016 Opinion or Order Filing 58 CASE MANAGEMENT ORDER. Signed by Magistrate Judge Evelyn J. Furse on 11/2/2016. (eat)
November 2, 2016 NOTICE VACATING MOTION HEARING set for 11/2/2016 at 3:00 PM before Judge Evelyn J. Furse (Notice generated by EJF Chambers). Briefing to continue on the motion as set forth at 10/19/2016 hearing, ECF No. 50. (lnp)
November 2, 2016 Opinion or Order Filing 57 DOCKET TEXT ORDER - The Court orders the parties to follow the Short Form Discovery Motion procedure as outlined in the attached document in this case for all discovery disputes. Signed by Magistrate Judge Evelyn J. Furse on 11/2/2016. (lnp)
November 1, 2016 Filing 56 RESPONSE to Motion re #52 MOTION to Expedite Motion and Memorandum in Support MOTION to Compel Seneca Insurance Company, Inc. to Produce Reinsurance and Reserve Information and Memorandum in Support Opposition filed by Plaintiff Seneca Insurance. (Maguire, Katherine)
November 1, 2016 Filing 55 NOTICE of Appearance by Douglas P. Farr on behalf of Caterpillar Financial Services (Farr, Douglas)
November 1, 2016 Filing 54 NOTICE of Appearance by Stephen W. Smithson on behalf of Caterpillar Financial Services (Smithson, Stephen)
October 27, 2016 Filing 53 NOTICE OF TELEPHONIC HEARING ON MOTION re: #52 MOTION to Expedite Motion and Memorandum in Support MOTION to Compel Seneca Insurance Company, Inc. to Produce Reinsurance and Reserve Information and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 11/2/2016 at 03:00 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. OPPOSITION DUE TUESDAY, 11/1/2016. Conference call information to be emailed to counsel. (lnp)
October 26, 2016 Filing 52 MOTION to Expedite Motion and Memorandum in Support , MOTION to Compel Seneca Insurance Company, Inc. to Produce Reinsurance and Reserve Information and Memorandum in Support filed by Defendant Alton Coal Development. (Attachments: #1 Appendix of Exhibits, #2 Exhibit 1 - Policy Declaration Page, #3 Exhibit 2 - Policy Endorsement No. 1, #4 Exhibit 3 - Reinsurance Agreement with Everest, #5 Exhibit 4 - March 24, 2015 Seneca Claim Summary Report, #6 Exhibit 5 - Initial Disclosures / Reinsurance Documents, #7 Exhibit 6 - Seneca Insurance Privilege Log, #8 Exhibit 7 - Discoverability of Communications Between Insurer and Reinsurer, #9 Exhibit 8 - Christensen v. Amer. Fam. Mutual Ins. Co., #10 Exhibit 9 - Bishelli v. State Farm Mutual Automobile Ins. Co., #11 Exhibit 10 - G&S Metal Consultants, Inc. v. Continental Cas. Co., #12 Exhibit 11 - Initial Disclosures / Loss Reserves Documents, #13 Text of Proposed Order Granting Expedited Motion to Compel Seneca Insurance Company, Inc. to Produce Reinsurance and Reserve Information) Motions referred to Evelyn J. Furse.(Smithson, Stephen)
October 19, 2016 Filing 51 NOTICE OF TELEPHONIC CASE MANAGEMENT CONFERENCE: (Notice generated by EJF Chambers) Conference set for 11/10/2016 at 02:00 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. Conference call information to be emailed to counsel. (lnp)
October 19, 2016 Filing 50 Minute Entry for telephonic proceedings held before Magistrate Judge Evelyn J. Furse: Discovery Mediation Hearing re: 47 MOTION to Expedite Short Form Discovery Motion held on 10/19/2016. Parties reached agreement on certain items and deadlines. Court instructs parties to prepare and submit a proposed order. Court sets a telephonic case management conference for 11/10/2016 at 2:00 PM; conference call information to be emailed to counsel. Attorney for Plaintiff: Katherine Maguire, Kenneth Maguire, Richard A. Vazquez, Attorney for Defendant: Bennett E. Bayer, Douglas P. Farr, Stephen W. Smithson, Whitney Hulet Krogue. Court Reporter: Electronic.(Time Start: 2:33:02, Time End: 4:31:20, Room 7.4.)(lnp)
October 18, 2016 Filing 49 MEMORANDUM in Opposition re #47 MOTION to Expedite Short Form Discovery Motion and Memorandum in Support MOTION to Compel filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Text of Proposed Order Proposed Case Management Order)(Vazquez, Richard)
October 17, 2016 Filing 48 NOTICE OF TELEPHONIC HEARING ON MOTION re: #47 MOTION to Expedite Short Form Discovery Motion and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 10/19/2016 at 02:30 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. Opposition Due Tuesday, 10/18/2016. Conference Call Information to be emailed to counsel. (lnp)
October 13, 2016 Filing 47 MOTION to Expedite Short Form Discovery Motion and Memorandum in Support filed by Defendant Alton Coal Development, Counter Claimant Alton Coal Development. (Attachments: #1 Exhibit Short Form Discovery Motion Certification, #2 Text of Proposed Order Proposed Case Management Order) Motions referred to Evelyn J. Furse.(Smithson, Stephen). Added MOTION to Compel on 10/18/2016 (eat).
August 25, 2016 Filing 46 Minute Entry for proceedings held before Magistrate Judge Brooke C. Wells: Miscellaneous Hearing held on 8/25/2016 via telephone. Investigator JR Kaylor present for deposition. Defense counsel makes an oral motion to allow certain questioning to go forward. Objection from Katherine Maguire and Kenneth Maguire. Court GRANTS the oral motion. Deposition to continue. Investigator Kaylor to answer questions posed by Defense counsel. Attorney for Plaintiff: Katherine Maguire, Kenneth Maguire, Attorney for Defendant: Bennett Bayer, Stephen Smithson, Kamie Brown. Court Reporter: Not Present.(Time Start: 11:10:00, Time End: 11:33:00, Room: In Chambers.)(lnp)
August 9, 2016 Filing 45 ANSWER to #44 Counterclaim filed by Seneca Insurance.(Maguire, Katherine)
July 21, 2016 Filing 44 Second Amended ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Seneca Insurance filed by Alton Coal Development.(Smithson, Stephen)
July 20, 2016 Opinion or Order Filing 43 DOCKET TEXT ORDER GRANTING #39 Motion for Leave to File Second Amended Answer for the reasons stated in the Motion and lack of opposition. Signed by Magistrate Judge Evelyn J. Furse on 7/20/2016. No attached document. (man)
June 29, 2016 Opinion or Order Filing 42 AMENDED SCHEDULING ORDER granting #41 Motion for Scheduling Order. Expert Discovery due by 7/17/2017. Dispositive or Potentially Dispositive Motions due by 8/31/2017. Final Pretrial Conference set for 1/22/2018 at 02:30 PM in Rm 8.300 before Judge Ted Stewart. 9 Day Jury Trial set for 2/5/2018 at 08:30 AM in Rm 8.300 before Judge Ted Stewart. Signed by Magistrate Judge Evelyn J. Furse on 6/29/2016. (eat)
June 20, 2016 Filing 41 Joint MOTION to Modify Scheduling Order filed by Defendant Alton Coal Development, Counter Claimant Alton Coal Development. (Attachments: #1 Text of Proposed Order Order Modifying Scheduling Order, #2 Exhibit Notice of Intent, #3 Exhibit Notice of Depoistions) Motions referred to Evelyn J. Furse.(Bayer, Bennett) Modified by changing event type and correcting docket text on 6/20/2016 (eat).
June 6, 2016 Opinion or Order Filing 40 ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Evelyn J. Furse. Signed by Judge Ted Stewart on 6/6/2016. (tco)
May 27, 2016 Filing 39 MOTION for Leave to File Second Amended Answer and Memorandum in Support filed by Defendant Alton Coal Development, Counter Claimant Alton Coal Development. (Attachments: #1 Exhibit A - Second Amended Answer, #2 Exhibit B - Redline of Changes from First Amended Answer to Second Amended Answer, #3 Exhibit C - Email from Bennett Bayer to Counsel for Seneca Insurance, #4 Exhibit D - Responding Email from Counsel for Seneca Insurance)(Smithson, Stephen)
March 4, 2016 Opinion or Order Filing 38 SCHEDULING ORDER: In accordance with FRCP 34(b)(1)(C) all parties may specify the form or formsin which electronically stored information is requested to be produced. However, pursuant toFRCP 34(b)(2)(D) the parties are likewise permitted to object to any such request. The documents provided by Seneca in Senecas Rule 26 disclosure prior to this conference were produced in a reasonably usable format. A party need not produce the same electronically stored information in more thanone form. FRCP 34(b)(2)(E)(iii). Any party seeking to compel Seneca to create a litigation hold letter must do soby a motion. In producing electronically stored information the parties must do so in a waywhich indicates the beginning and ending of each document. Any party may elect to have any other party sit for a single Rule 30(b)(6)deposition limited to four hours, regarding any dispute which arises regarding documentproduction issues. This deposition will not count against the number of depositions allowed pursuant to the January 7, 2016 Scheduling Order (Document 30) or prevent a further Rule30(b)(6) deposition of the same entity on other topics. Signed by Magistrate Judge Evelyn J. Furse on 3/3/16. (jlw)
February 10, 2016 Filing 37 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Initial Pretrial Conference held on 2/10/2016. Counsel present. Court hears statements regarding scheduling - discovery. Court directs plaintiff counsel to prepare and submit order to the court at ipt@utd.uscourts.gov. Court adjourned. Attorney for Plaintiff: Richard A. Vazquez, Katherine M. Maguire (by phone), Kenneth R. Maguire (by phone), Attorney for Defendant: Douglas P. Farr,Kamie F. Brown, Bennett E. Bayer (by phone). Court Reporter: Electronic.(Time Start: 10:05:00, Time End: 10:53:13, Room 7.400.)(jds)
February 9, 2016 Filing 36 STATUS REPORT by Seneca Insurance. (Attachments: #1 Affidavit Luigi Pedalino Affidavit)(Maguire, Katherine)
February 8, 2016 Opinion or Order Filing 35 ORDER: The parties will meet and confer by January 27, 2016 regarding Seneca Insurance Company, Inc.s storage, preservation and production of electronically stored information, related to claims documents, underwriting documents, and application documents. Seneca Insurance Company, Inc. shall have someone with knowledge of that partys electronically stored information generation, retention and production capabilities present and available for themeet and confer conference. Seneca Insurance Company, Inc. shall also be prepared to discuss that partys litigation hold procedures. The parties shall attempt to reach an agreement on discovery of electronically stored information and submit the text of the same to the Court prior to February 10, 2016. The Court will resume the pretrial conference on February 10, 2016, in Room 7.400 before Magistrate Judge Evelyn Furse. Signed by Magistrate Judge Evelyn J. Furse on 2/8/16. (jlw)
February 8, 2016 Filing 34 STATUS REPORT Update on Court Ordered Meet and Confer by Alton Coal Development. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smithson, Stephen)
January 13, 2016 Filing 33 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Initial Pretrial Conference held on 1/13/2016. Counsel present. Court hears statements regarding discovery. Attorneys are to meet and confer regarding matter. Initial Pretrial Conference reset for 2/10/2016 at 10:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. Attorney for Plaintiff: Richard A. Vazquez, Katherine M. Maguire (by phone), Attorney for Defendant: Kamie Brown, Douglas P. Farr, Stephen W. Smithson, Bennett E. Bayer (by phone). Court Reporter: Electronic.(Time Start: 10:04:58, Time End: 10:43:04, Room 7.400.)(jds) Modified on 1/15/2016 by adding attorney Kamie Brown. (lnp).
January 13, 2016 Filing 32 AFFIDAVIT of Greg Crapanzano re #31 Attorney Planning Meeting filed by Seneca Insurance. (Maguire, Katherine)
January 12, 2016 Filing 31 REPORT OF ATTORNEY PLANNING MEETING. (Vazquez, Richard)
January 8, 2016 Opinion or Order Filing 30 SCHEDULING ORDER: Amended Pleadings due by 4/29/2016 (Plaintiff), 5/27/2016 (Defendant). Joinder of Parties due by 4/29/2016 (Plaintiff), 5/27/2016 (Defendant). Discovery due by 3/24/2017. Motions due by 4/28/2017. Final Pretrial Conference set for 9/18/2017 at 02:30 PM in Rm 8.300 before Judge Ted Stewart. 9 Day Jury Trial set for 10/2/2017 at 08:30 AM in Rm 8.300 before Judge Ted Stewart. Signed by Magistrate Judge Evelyn J. Furse on 1/7/2016. (blh)
December 31, 2015 Filing 29 ANSWER to #25 Counterclaim filed by Seneca Insurance.(Maguire, Katherine)
December 31, 2015 Filing 28 NOTICE OF DEFICIENCY re #27 Response (NOT to motion). The document was filed using the wrong filing event. An answer to a Counterclaim was filed as a Response. The clerk requests the filer of the original document to refile the pleading using the "Answers to Complaints" filing event, ensuring to link to the appropriate Counterclaim. The new pleading will receive a new document number on the docket. (blh)
December 30, 2015 Filing 27 ***ENTRY ERROR - Wrong filing event used. Document refiled at #29 . First RESPONSE re #25 Answer to Complaint, Counterclaim filed by Seneca Insurance. (Maguire, Katherine) Modified by adding error text and removing docket entry relationship on 12/31/2015 (blh).
December 23, 2015 Filing 26 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order)(Vazquez, Richard)
December 16, 2015 Filing 25 Defendant's Alton Coal Development, LLC's First Amended ANSWER to Complaint with Jury Demand , COUNTERCLAIM of Alton Coal Development, LLC against Seneca Insurance filed by Alton Coal Development.(Smithson, Stephen)
December 16, 2015 Opinion or Order Filing 24 ORDER granting #23 Motion for Admission Pro Hac Vice of Bennett E. Bayer for Alton Coal Development. 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 Ted Stewart on 12/16/2015. (blh)
December 16, 2015 Filing 23 MOTION for Admission Pro Hac Vice of Bennett E. Bayer and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2400203, filed by Defendant Alton Coal Development, Counter Claimant Alton Coal Development. (Attachments: #1 Text of Proposed Order)(Farr, Douglas)
December 15, 2015 Opinion or Order Filing 22 ORDER granting #20 Motion for Admission Pro Hac Vice of Katherine Maguire for Seneca 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 Judge Ted Stewart on 12/15/2015. (blh)
December 15, 2015 Opinion or Order Filing 21 ORDER granting #19 Motion for Admission Pro Hac Vice of Kenneth Maguire for Seneca 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 Judge Ted Stewart on 12/15/2015. (blh)
December 15, 2015 Filing 20 MOTION for Admission Pro Hac Vice of Katherine Maguire , Registration fee $ 15, receipt number 1088-2399379, filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Exhibit A - Appliction for Admission Pro Hac Vice, #2 Exhibit B - Efiling Registration Form, #3 Text of Proposed Order proposed pro hac vice order)(Vazquez, Richard)
December 15, 2015 Filing 19 MOTION for Admission Pro Hac Vice of Kenneth Maguire , Registration fee $ 15, receipt number 1088-2399355, filed by Plaintiff Seneca Insurance, Counter Defendant Seneca Insurance. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - EFiling Registration Form, #3 Text of Proposed Order Proposed pro hac vice order)(Vazquez, Richard)
December 8, 2015 Filing 18 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.htmlIf counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at #ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 1/13/2016 at 10:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds)
December 8, 2015 Filing 17 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (blh)
December 8, 2015 Filing 16 NOTICE OF ADR, e-mailed or mailed to Defendants Alton Coal Development, Caterpillar Financial Services, Plaintiff Seneca Insurance (blh)
December 7, 2015 Filing 15 Defendant Alton Coal Development, LLC's ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Seneca Insurance filed by Alton Coal Development.(Smithson, Stephen)
December 7, 2015 Filing 14 ANSWER to Complaint with Jury Demand filed by Caterpillar Financial Services.(Leigh, David)
December 4, 2015 Filing 13 NOTICE OF WITHDRAWAL OF COUNSEL of Robert T. Denny filed by Robert T. Denny on behalf of Seneca Insurance (Denny, Robert)
November 25, 2015 Opinion or Order Filing 12 ORDER granting #7 Motion for Extension of Time to Answer re #2 Complaint. Answer deadline updated for Alton Coal Development answer due 12/7/2015; Caterpillar Financial Services answer due 12/7/2015. Signed by Judge Ted Stewart on 11/25/2015. (jds)
November 24, 2015 Filing 11 NOTICE of Appearance by Stephen W. Smithson on behalf of Alton Coal Development (Smithson, Stephen)
November 24, 2015 Filing 10 NOTICE of Appearance by Matthew L. Lalli on behalf of Alton Coal Development (Lalli, Matthew)
November 23, 2015 Filing 9 NOTICE of Appearance by Kamie F. Brown on behalf of Caterpillar Financial Services (Brown, Kamie)
November 23, 2015 Filing 8 NOTICE of Appearance by David H. Leigh on behalf of Caterpillar Financial Services (Leigh, David)
November 20, 2015 Filing 7 Stipulated MOTION for Extension of Time to File Answer to Complaint filed by Defendant Alton Coal Development. (Attachments: #1 Text of Proposed Order) Attorney Douglas P. Farr added to party Alton Coal Development(pty:dft)(Farr, Douglas)
November 3, 2015 Filing 6 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Seneca Insurance as to Alton Coal Development served on 11/2/2015, answer due 11/23/2015. (Vazquez, Richard)
October 30, 2015 Filing 5 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Seneca Insurance as to Caterpillar Financial Services served on 10/27/2015, answer due 11/17/2015. (Vazquez, Richard)
October 27, 2015 Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Caterpillar Financial Services. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (eat)
October 27, 2015 Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Alton Coal Development. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (eat)
October 27, 2015 Filing 2 COMPLAINT against Alton Coal Development, Caterpillar Financial Services (Filing fee $ 400, receipt number 1088-2367539), filed by Seneca Insurance. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - Insurance Policy) Assigned to Judge Ted Stewart (Vazquez, Richard)
October 27, 2015 Filing 1 Case has been indexed and assigned to Judge Ted Stewart. Plaintiff Seneca Insurance is directed to E-File the complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (eat)

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Search for this case: Seneca Insurance v. Alton Coal Development et al
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Plaintiff: Seneca Insurance
Represented By: Richard A. Vazquez
Represented By: Katherine M. Maguire
Represented By: Kenneth R. Maguire
Represented By: Robert T. Denny
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Defendant: Alton Coal Development
Represented By: Matthew L. Lalli
Represented By: Douglas P. Farr
Represented By: Stephen W. Smithson
Represented By: Bennett E. Bayer
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Defendant: Caterpillar Financial Services
Represented By: David H. Leigh
Represented By: Stephen W. Smithson
Represented By: Douglas P. Farr
Represented By: Kamie F. Brown
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