Ford Motor Company v. National Indemnity Company
| Ford Motor Company |
| National Indemnity Company |
| 3:2012cv00839 |
| November 15, 2012 |
| US District Court for the Eastern District of Virginia |
| Richmond Office |
| Norfolk City |
| David J Novak |
| Robert E Payne |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 31, 2014. A more recent docket listing may be available from PACER.
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Filing 494
ORDER re #493 NOTICE filed by National Indemnity Company. That Notice calls for no action by the Court. It is so ORDERED. Signed by District Judge Robert E. Payne on 10/31/2014. (sbea, )
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Filing 493
NOTICE by National Indemnity Company (Counsel for NICO's Notice of Dispute Over Confidentiality) (Attachments: #1 Exhibit A (Letter from M. Carlinsky to Hon. Vernon S. Broderick))(Sibley, George)
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Filing 492
STIPULATION of Dismissal by Ford Motor Company and National Indemnity Company. (kyou, )
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Filing 491
ORDER denying as moot #435 Motion for Reconsideration ; #453 Motion to Conduct Trial in Two Phases; #457 Motion to Dismiss or in the alternative for Entry of Judgment Terminating the Action; #477 Motion for Sanctions Regarding the Production of Outside Counsel Case Files; #96 Motion for Sanctions; #282 Motion in Limine to Exclude Evidence or Argument Regarding Rescisison. Signed by District Judge Robert E. Payne on 10/4/13. (kyou, )
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Filing 490
TRANSCRIPT of proceedings held on September 30, 2013, before Judge Robert E. Payne, Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/4/2013. Redacted Transcript Deadline set for 12/3/2013. Release of Transcript Restriction set for 1/2/2014.(peterson, peppy)
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Filing 489
ORDER that the Plaintiff will file supplemental briefing on #435 FORD MOTOR COMPANY'S MOTION FOR RECONSIDERATION OF CHOICE OF LAW AND SUMMARY JUDGMENT, no later than October 3, 2013; The Defendant's opposition brief is due on October 7, 2013; It is further ORDERED that the Plaintiff will file its motion in limine to determine, as a matter of law, the status of the March 21, 2011 Carlinsky letter, no later than October 3, 2013; The Defendant's opposition is due on October 7, 2013; It is further ORDERED that the Defendant will file any papers it considers necessary on the advisability of a judicial stay no later than October 3, 2013. If the Defendant elects to file papers, the Plaintiff's opposition papers will be due on October 7, 2013. Signed by District Judge Robert E. Payne on 10-1-13. (kyou, )
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Filing 488
Sealed Version of #482 Memorandum in Opposition re #457 MOTION to Dismiss or in the Alternative for Entry of Judgment Terminating the Action filed by Ford Motor Company. (kyou, )
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Filing 487
ORDER granting #479 Motion to Seal; It is further ORDERED that the Clerk shall file Plaintiff Ford Motor Company's Motion Company's Memorandum of Law in Opposition to National Indemnity Company's Motion to Dismiss or in the Alternative for Entry of Judgment Terminating the Action under seal. Signed by District Judge Robert E. Payne on 10-1-13. (kyou, )
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Filing 486
Sealed Exhibits to #478 Memorandum in Support to #477 MOTION for Sanctions Regarding the Production of Outside Counsel Case Files filed by Ford Motor Company. (Attachments: #1 Sealed Exhibit 12, #2 Sealed Exhibit 13)(kyou, )
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Filing 485
ORDER granting #474 Motion to Seal; it is further ORDERED that the Clerk shall file Plaintiff Ford Motor Company's Memorandum of Law in Support of It's Motion for Sanctions Regarding the Production of Outside Counsel Case Files and Exhibits 12 and 13 thereto under seal. Signed by District Judge Robert E. Payne on 10/1/13.(kyou, )
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Filing 484
Proposed Jury Instructions by Ford Motor Company. (Oostdyk, Scott)
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Filing 483
Minute EntryParties by counsel. Oral arguments had on the legal issues raised in the Court's Order entered herein on 9/6/13. for proceedings held before District Judge Robert E. Payne: Hearing held on 9/30/2013. (Court Reporter Peppy Peterson, OCR.)(sneal, )
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Filing 482
Memorandum in Opposition re #457 MOTION to Dismiss or in the Alternative for Entry of Judgment Terminating the Action filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Oostdyk, Scott)
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Filing 481
NOTICE by Ford Motor Company re #479 MOTION to Seal (Oostdyk, Scott)
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Filing 480
Memorandum in Support re #479 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 479
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 478
Memorandum in Support re #477 MOTION for Sanctions Regarding the Production of Outside Counsel Case Files filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Oostdyk, Scott)
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Filing 477
MOTION for Sanctions Regarding the Production of Outside Counsel Case Files by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 476
NOTICE by Ford Motor Company re #474 MOTION to Seal (Oostdyk, Scott)
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Filing 475
Memorandum in Support re #474 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 474
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Reset Hearing: Settlement Conference reset for 10/1/2013 at 02:00 PM in Chambers before Magistrate Judge David J. Novak. (cgar)
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Settlement Conference set for 9/30/2013 at 12:00 PM in Chambers before Magistrate Judge David J. Novak. (cgar)
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Filing 473
REPLY to Response to Motion re #435 MOTION for Reconsideration re #399 Order on Motion for Summary Judgment, and Choice of Law filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 472
Sealed Version of #463 Reply to #459 Memorandum, filed by Ford Motor Company. (Attachments: #1 Sealed Exhibit 1, #2 Sealed Exhibit 5, #3 Sealed Exhibit 6, #4 Sealed Exhibit 7)(kyou, )
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Filing 471
ORDER granting #460 Motion to Seal; it is further ORDERED that the Clerk shall file Plaintiff's Reply Memorandum Regarding waiver if Defendant's Supposed "Non-Exhaustion of Retentions" Defense and certain exhibits thereto under seal. Signed by District Judge Robert E. Payne on 09/25/13. (kyou, )
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Filing 470
Sealed Version of #451 Memorandum in Response to #430 Memorandum, filed by Ford Motor Company. (kyou, ) (Additional attachment(s) added on 9/26/2013: #1 Exhibit 3-A Part 1, #2 Exhibit 3A Part2, #3 Exhibit 3-B Part 1, #4 Exhibit 3B-Part 2, #6 Exhibit 3-C Part 1, #7 Exhibit 3 C-Part 2, #8 Exhibit 3-D) (kyou, ).
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Filing 469
ORDER granting #448 Motion to Seal; It is further ORDERED that the Clerk shall file PLAINTIFF FORD MOTOR COMPANY'S MEMORANDUM OF LAW REGARDING THE RATE OF INTEREST APPLICABLE TO FORD'S DAMAGE CLAIM and Exhibit 3 thereto under seal. Signed by District Judge Robert E. Payne on 09/25/13. (kyou, )
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Filing 468
Sealed Version of #459 Memorandum to #428 Memorandum, filed by National Indemnity Company. (Attachments: #1 Sealed Exhibit 3, #2 Sealed Exhibit 4, #3 Sealed Exhibit 5, #4 Sealed Exhibit 7, #5 Sealed Exhibit 12, #6 Sealed Exhibit 15, #7 Sealed Exhibit 19)(kyou, )
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Filing 467
Sealed Version of #458 Memorandum in Support of #457 MOTION to Dismiss or in the Alternative for Entry of Judgment Terminating the Action filed by National Indemnity Company. (Attachments: #1 Sealed Exhibit 1, #2 Sealed Exhibit 2, #3 Sealed Exhibit 3, #4 Sealed Exhibit 4)(kyou, )
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Filing 466
Sealed Exhibits to #456 Memorandum in Opposition to #435 MOTION for Reconsideration re 399 Order on Motion for Summary Judgment, and Choice of Law filed by National Indemnity Company. (Attachments: #1 Sealed Exhibit 2, #2 Sealed Exhibit 3, #3 Sealed Exhibit 4, #4 Sealed Exhibit 5, #5 Sealed Exhibit 6, #6 Sealed Exhibit 7)(kyou, )
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Filing 465
ORDER granting #455 Motion to Seal; It is further ORDERED that the Clerk shall file the following under seal: (1) Exhibits 2, 3, 4, 5, 6, and 7 to NATIONAL INDEMNITY COMPANY'S MEMORANDUM OF LAW IN OPPOSITION TO FORD'S MOTION FOR RECONSIDERATION OF CHOICE OF LAW AND SUMMARY JUDGMENT;(2) NATIONAL INDEMNITY COMPANY'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO DISMISS OR IN THE ALTERNATIVE FOR ENTRY OF JUDGMENT TERMINATING THE ACTION and certain exhibits thereto; and (3) NICO'S POSITION ON THE USE OF BATCH CLAIMS TO EXHAUST FORD'S AGGREGATE RETENTION AND OPPOSITION TO FORD'S ASSERTION OF WAIVER and certain exhibits thereto. Signed by District Judge Robert E. Payne on 09/25/13. (kyou, )
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Minute Entry for proceedings held before Magistrate Judge David J. Novak:Settlement Conference held on 9/25/2013. (cgar)
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Filing 464
Reply to #430 Memorandum, (regarding Rate of Interest Applicable to Ford's Alleged Damages) filed by National Indemnity Company. (Sibley, George)
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Filing 463
Reply to #459 Memorandum, filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Oostdyk, Scott) (Main Document 463 replaced on 9/25/2013 with Redacted Version) (kyou, ).
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Filing 462
NOTICE by Ford Motor Company re #460 MOTION to Seal (Oostdyk, Scott)
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Filing 461
Memorandum in Support re #460 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 460
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Minute Entry for proceedings held before Magistrate Judge David J. Novak: Conference Call held on 9/24/2013. (cgar)
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Conference Call set for 9/24/2013 at 01:00 PM before Magistrate Judge David J. Novak. (cgar)
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Filing 459
Memorandum to #428 Memorandum, filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (under seal), #4 Exhibit 4 (under seal), #5 Exhibit 5 (under seal), #6 Exhibit 6, #7 Exhibit 7 (under seal), #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12 (under seal), #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15 (under seal), #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19 (under seal), #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Sibley, George)
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Filing 458
Memorandum in Support re #457 MOTION to Dismiss or in the Alternative for Entry of Judgment Terminating the Action filed by National Indemnity Company. (Attachments: #1 Exhibit 1 (under seal), #2 Exhibit 2 (under seal), #3 Exhibit 3 (under seal), #4 Exhibit 4 (under seal), #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Sibley, George)
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Filing 457
MOTION to Dismiss or in the Alternative for Entry of Judgment Terminating the Action by National Indemnity Company. (Sibley, George)
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Filing 456
Memorandum in Opposition re #435 MOTION for Reconsideration re #399 Order on Motion for Summary Judgment, and Choice of Law filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (under seal), #3 Exhibit 3 (under seal), #4 Exhibit 4 (under seal), #5 Exhibit 5 (under seal), #6 Exhibit 6 (under seal), #7 Exhibit 7 (under seal))(Sibley, George)
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Filing 455
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 454
Memorandum in Support re #453 MOTION to Bifurcate Trial filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Sibley, George)
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Filing 453
MOTION to Bifurcate Trial by National Indemnity Company. (Sibley, George)
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Filing 452
Response to #431 Memorandum, Regarding Availability of Punitive Damages filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 451
Memorandum in Response to #430 Memorandum, filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Oostdyk, Scott)
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Filing 450
NOTICE by Ford Motor Company re #448 MOTION to Seal (Oostdyk, Scott)
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Filing 449
Memorandum in Support re #448 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 448
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Settlement Conference set for 9/25/2013 at 09:15 AM in Chambers before Magistrate Judge David J. Novak. (cgar)
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Filing 447
Sealed Version of #179 Memorandum in Opposition re #165 MOTION for Leave to File an Amended Answer & Affirmative Defenses filed by Ford Motor Company. (kyou, )
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Filing 446
ORDER granting #443 Motion to Seal; It is further ORDERED that the Clerk shall file PLAINTIFF FORD MOTOR COMPANY'S MEMORANDUM OF LAW IN OPPOSITION TO NATIONAL INDEMNITY COMPANY'S MOTION FOR LEAVE TO FILE AN AMENDED ANSWER under seal. Signed by District Judge Robert E. Payne on 09/16/13. (kyou, )
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Filing 445
NOTICE by Ford Motor Company re #443 Supplemental MOTION to Seal Regarding ECF Nos. 176 and 179 (Oostdyk, Scott)
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Filing 444
Memorandum in Support re #443 Supplemental MOTION to Seal Regarding ECF Nos. 176 and 179 filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 443
Supplemental MOTION to Seal Regarding ECF Nos. 176 and 179 by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 442
SEALED Version #430 Memorandum of Law Regarding the Rate of Interest Applicable to Fords Alleged Damages filed by National Indemnity Company. (Attachments: #1 Exhibit 2, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6)(kyou, )
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Filing 441
ORDER granting #429 Motion to Seal; it is further ORDERED that the Clerk shall file NICO's Memorandum of Law Regarding the Rate of Interest Applicable to Ford's Alleged Damages and certain exhibits thereto under seal. Signed by District Judge Robert E. Payne on 09/16/13. (kyou, )
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Filing 440
SEALED Version of #428 Memorandum Regarding Defendants Waiver of Defendants supposed Non-Exhaustion of Retentions Defense filed by Ford Motor Company. (Attachments: #1 Sealed Exhibit 2-A, #2 Sealed Exhibit 2-B, #3 Sealed Exhibit 3, #4 SealedExhibit 5)(kyou, )
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Filing 439
ORDER granting #426 Motion to Seal; the Clerk shall file Plaintiff's Memorandum Regarding Defendants Waiver of Defendants supposed Non-Exhaustion of Retentions Defense and certain exhibits thereto under seal. Signed by District Judge Robert E. Payne on 09/16/13. (kyou, )
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Filing 438
SEALED Version of #436 Memorandum in Support re #435 MOTION for Reconsideration re #399 Order on Motion for Summary Judgment, and Choice of Law filed by Ford Motor Company. (Attachments: #1 Sealed Exhibit 1)(kyou, )
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Filing 437
ORDER granting #432 Motion to Seal; it is further ORDERED that the Clerk shall file Ford Motor Company's Memorandum of Law in Support of its Motion for Reconsideration of Choice of Law and Summary Judgment and Exhibit 1 thereto under seal. Signed by District Judge Robert E. Payne on 09/16/13. (kyou, )
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Filing 436
Memorandum in Support re #435 MOTION for Reconsideration re #399 Order on Motion for Summary Judgment, and Choice of Law filed by Ford Motor Company. (Attachments: #1 Exhibit)(Oostdyk, Scott)
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Filing 435
MOTION for Reconsideration re #399 Order on Motion for Summary Judgment, and Choice of Law by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 434
NOTICE by Ford Motor Company re #432 MOTION to Seal Ford Motor Company's Memorandum of Law in Support of Its Motion for Reconsideration of Choice of Law and Summary Judgment and Related Exhibit (Oostdyk, Scott)
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Filing 433
Memorandum in Support re #432 MOTION to Seal Ford Motor Company's Memorandum of Law in Support of Its Motion for Reconsideration of Choice of Law and Summary Judgment and Related Exhibit filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 432
MOTION to Seal Ford Motor Company's Memorandum of Law in Support of Its Motion for Reconsideration of Choice of Law and Summary Judgment and Related Exhibit by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 431
Memorandum of Law Regarding the Availability of Punitive and Exemplary Damages for Fords Tortious Interference with Contract Claim filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Sibley, George)
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Filing 430
Memorandum of Law Regarding the Rate of Interest Applicable to Fords Alleged Damages filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (under seal), #3 Exhibit 3, #4 Exhibit 4 (under seal), #5 Exhibit 5 (under seal), #6 Exhibit 6 (under seal), #7 Exhibit 7)(Sibley, George)
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Filing 429
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 428
Memorandum Regarding Defendants Waiver of Defendants supposed Non-Exhaustion of Retentions Defense filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Oostdyk, Scott)
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Filing 427
Memorandum in Support re #426 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 426
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 425
ORDER having considered National Indemnity Company's #292 Motion to Determine Privilege Claim and Compel Production, the response and reply and the Court having reviewed the document at issue (Bates No. DFA782899), and the Court having given to counsel a copy of that document marked with parts of the document that must be produced and parts that may be withheld, it is hereby ORDERED that the motion is granted in part and denied in part in accord with the document handed to counsel (a copy of which is filed under seal). (SEE ORDER FOR DETAILS). Signed by District Judge Robert E. Payne on 9/13/13. (jtho, )
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Filing 424
ORDER that Plaintiff Ford Motor Company's #288 Motion in Limine to Exclude the Opinion of Alan D. Windt that Counsel's Arbitration Investigation Relieved Defendant National Indemnity Company of Its Claims Handling Responsibilities is denied as moot. (See Order for Details). Signed by District Judge Robert E. Payne on 9/13/13. (jtho, )
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Filing 423
ORDER that Plaintiff Ford Motor Company's #286 Motion in Limine to Exclude the Deposition Testimony of Kent Wilson, Esq. is denied. (See Order for Details). Signed by District Judge Robert E. Payne on 9/13/13. (jtho, )
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Filing 422
ORDER that Plaintiff Ford Motor Company's #284 Motion in Limine to Exclude Evidence or Argument Regarding Equitable Estoppel is denied. (See Order for Details). Signed by District Judge Robert E. Payne on 9/13/13. (jtho, )
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Filing 421
ORDER regarding #273 Defendant's Motion in Limine to Exclude the Expert Testimony of Stephen D. Prater; it is hereby ORDERED that the motion is granted in part and denied as moot in part; it is ORDERED that the motion is denied to the extent that any opinions given by Mr. Prater are based on statements made in depositions by National Indemnity Company's witnesses or witnesses of Berkshire Hathaway, Inc; further ORDERED that the motion is granted to the extent that it objects to Mr. Prater using pejorative and argumentative language; further ORDERED that Ford Motor Company shall be held to the agreements that it made during oral argument respecting the limitations to be placed on Mr. Prater's testimony (see Order for details). Signed by District Judge Robert E. Payne on 9/13/2013. Copies to counsel. (cmcc, )
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Filing 420
ORDER regarding Defendant's #271 Motion in Limine to Limit the Expert Testimony of Jonathan R. Terrell; it is hereby ORDERED that the motion is denied as to Topic (1) and whereas Mr. Terrell proposes to testify that NICO and Berkshire Hathaway gained $29 million as a reult of alleged delayed payments of Ford's batch and non-batch claims; and the motion is granted as to Topic (2) to the extent that testimony would be forthcoming as to a gain of $29 million but is denied as to the testimony that there was a gain of $8.2 million as to the non-batch claims. (SEE ORDER FOR DETAILS). Signed by District Judge Robert E. Payne on 9/13/13. (jtho, )
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Filing 419
ORDER denying as moot #277 Motion in Limine to Determine the Sufficiency of Certain of Fords Objections to NICOs Fifth Requests for Admission and to Order Such Requests Admitted. It is so ORDERED. Signed by District Judge Robert E. Payne on 9/13/13. (tdai, )
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Filing 418
ORDER granting #275 Motion in Limine to Exclude the Expert Testimony of Hugh M. Fain, III, Esq. See Order for details. It is so ORDERED. Signed by District Judge Robert E. Payne on 9/13/13. (tdai, )
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Filing 417
ORDER regarding #269 National Indemnity Company's Motion in Limine to Preclude Ford from Introducing Evidence or Making Arguments That Other Carriers Recognized an Obligation to Provide Non-Batch Coverage; it is hereby ORDERED that the motion is denied (see Order for details). Signed by District Judge Robert E. Payne on 9/13/2013. Copies to counsel. (cmcc, )
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Filing 416
ORDER that the #267 Motion in Limine to Preclude Evidence of Other Litigation Against Any Berkshire Hathaway Entity or HDI-Gerling is DENIED as premature. (See Order for Details). Signed by District Judge Robert E. Payne on 9/13/13. (jtho, )
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Filing 415
ORDER regarding #232 Plaintiff Ford Motor Company's Motion for Partial Summary Judgment; Plaintiff Ford Motor Company's Motion for Partial Summary Judgment on the Seventeenth Affirmative Defense of National Indemnity Company ("NICO") is granted; Plaintiff Ford Motor Company's Motion for Partial Summary Judgment on NICO's agency defense is denied; Plaintiff Ford Motor Company's Motion for Partial Summary Judgment on NICO's defense of equitable estoppel is denied (see Order for details). Signed by District Judge Robert E. Payne on 9/13/2013. Copies to counsel. (cmcc, )
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Filing 414
TRANSCRIPT of proceedings held on September 5, 2013, before Judge Robert E. Payne. Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 10/10/2013. Redacted Transcript Deadline set for 11/12/2013. Release of Transcript Restriction set for 12/9/2013.(peterson, peppy)
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Filing 412
ORDER denying #181 NICO's Motion for Summary Judgment in so far as it requests summary judgment be granted through application of the Noerr-Pennington doctrine and NICO'S #165 Motion for Leave to File an Amended Answer and Affirmative Defenses is denied. Signed by District Judge Robert E. Payne on 09/06/13. (kyou, )
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Filing 411
MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 09/06/13. (kyou, )
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Filing 410
Sealed Version of #274 Memorandum in Support re #273 MOTION in Limine to Exclude the Expert Testimony of Stephen D. Prater. (Attachments: #1 Sealed Exhibit 3)(kyou, )
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Filing 409
Sealed Version of #272 Memorandum in Support re #271 MOTION in Limine to Limit the Expert Testimony of Jonathan R. Terrell filed by National Indemnity Company. (Attachments: #1 Sealed Exhibit 3, #2 Sealed Exhibit 6)(kyou, )
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Filing 408
Sealed Version of #270 Memorandum in Support re #269 MOTION in Limine to Preclude Ford from Introducing Evidence or Making Argument That Other Carriers Recognized an Obligation to Provide Non-Batch Coverage filed by National Indemnity Company. (Attachments: #1 Sealed Exhibit 1, #2 Sealed Exhibit 2, #3 Sealed Exhibit 3, #4 Sealed Exhibit 4, #5 Sealed Exhibit 5, #6 Sealed Exhibit 6, #7 Sealed Exhibit 7, #8 Sealed Exhibit 8)(kyou, )
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Filing 407
Sealed Version of #268 Memorandum in Support re 267 MOTION in Limine to Preclude Evidence of Other Litigation Against Any Berkshire Hathaway Entity or HDI-Gerling filed by National Indemnity Company. (Attachments: #1 Sealed Exhibit 2, #2 Sealed Exhibit 3, #3 Sealed Exhibit 6)(kyou, )
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Filing 406
Sealed VERSION of #266 RESPONSE in Opposition re 232 MOTION for Summary Judgment filed by National Indemnity Company. (Attachments: #1 Sealed Exhibit 4, #2 Sealed Exhibit 5, #3 Sealed Exhibit 8, #4 Sealed Exhibit 9, #5 Sealed Exhibit 12, #6 Sealed Exhibit 14, #7 Sealed Exhibit 15, #8 Sealed Exhibit 24, #9 Sealed Exhibit 26, #10 Sealed Exhibit 28, #11 Sealed Exhibit 29, #12 Sealed Exhibit 30, #13 Sealed Exhibit 31, #14 Sealed Exhibit 32, #15 Sealed Exhibit 33)(kyou, )
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Filing 405
ORDER granting #265 Motion to Seal; it is further ORDERED that the Clerk shall file the following documents under seal:(1) DEFENDANT NATIONAL INDEMNITY COMPANY'S MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT and certain exhibits thereto; (2) DEFENDANT NATIONAL INDEMNITY COMPANY'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION IN LIMINE TO PRECLUDE EVIDENCE OF OTHER LITIGATION AGAINST ANY BERKSHIRE HATHAWAY ENTITY OR HDI-GERLING and certain exhibits thereto; (3) DEFENDANT NATIONAL INDEMNITY COMPANY'S MOTION IN LIMINE TO PRECLUDE FORD FROM INTRODUCING EVIDENCE OR MAKING ARGUMENT THAT OTHER CARRIERS RECOGNIZED AN OBLIGATION TO PROVIDE NON-BATCH COVERAGE and certain exhibits thereto; (4) NATIONAL INDEMNITY COMPANY'S MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE TO LIMIT THE EXPERT TESTIMONY OF JONATHAN R. TERRELL and certain exhibits thereto; and (5) NATIONAL INDEMNITY COMPANY'S MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE TO EXCLUE THE EXPERT TESTIMONY OF STEPHEN D.PRATER and Exhibit 3 thereto. Signed by District Judge Robert E. Payne on 09/06/13. (kyou, )
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Filing 404
ORDER that the specified parties will submit legal briefs on certain questions (see Order for details) no later than September 13th, with opposition briefs due on September 20th and reply briefs due on September 24th (see Order for details); It is further ORDERED that the final pretrial conference be continued until October 11th, 2013, at 9:30 a.m., The Court will hear oral argument on the legal issues described above on September 30th, 2013, at 9:30 a.m. Signed by District Judge Robert E. Payne on 09/06/13. (kyou, )
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Set/Reset Hearings: Final Pretrial Conference set for 9/30/2013 at 10:00 AM before District Judge Robert E. Payne. Jury Trial set for 10/21/2013 at 09:30 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Set/Reset Hearings: Final Pretrial Conference set for 10/11/2013 at 09:30 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Set/Reset Hearings: Motion Hearing set for 9/30/2013 at 09:30 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Filing 403
Minute Entry for proceedings held before District Judge Robert E. Payne: Parties by counsel. Matter came on for a continuation of a Motion Hearinag. Arguments had by counsel on various Motions in Limine. See transcript for rulings made by the Court. Motion Hearing held on 9/5/2013 (Court Reporter Peppy Peterson, OCR & Diane Daffron, OCR.)(sneal, )
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Filing 402
SEALED Version of #296 Reply to Motion re #292 MOTION to Determine Privilege Claim and Compel Production filed by National Indemnity Company Document. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(kyou, )
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Filing 401
ORDER granting #395 Motion to Seal; the Clerk is directed to file NICO's Reply in Support of its Motion to Determine Privilege and Compel Productions and certain exhibits thereto. Signed by District Judge Robert E. Payne on 09/04/13. (kyou, )
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Filing 399
ORDER that for the reasons set forth in the accompanying Memorandum Opinion it is ORDERED that #181 Defendant National Indemnity Company's Motion for Summary Judgment is DENIED in part as to Count I and GRANTED in part as to Count II; Count II is therefore DISMISSED. Signed by District Judge Robert E. Payne on 9/4/2013. Copies to counsel. (cmcc, )
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Filing 398
MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 9/4/2013. Copies to counsel.(cmcc, )
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Filing 400
Minute Entry for proceedings held before District Judge Robert E. Payne:Motion Hearing held on 9/4/2013. Parties by counsel. Matter came on for a hearing on multiple Motions in Limine. Arguments had. Deft's Motion to Compel heard;arguments had. See transcript for the rulings made by the Court. (Court Reporter Diane Daffron, OCR.)(sneal, )
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Set/Reset Hearings: Motion Hearing set for 9/5/2013 at 09:30 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Filing 397
ORDER that the hearing on the parties' motions in limine originally scheduled for September 3, 2013, at 9:30 a.m., is rescheduled to September 4, 2013, at 9:30 a.m., If not concluded on September 4, 2013, the hearing will resume on September 5, 2013, at 9:30a.m. Signed by District Judge Robert E. Payne on 09/03/13. (kyou, )
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Set/Reset Hearings: Motion Hearing set for 9/4/2013 at 09:30 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Filing 396
Reply to Motion re #292 MOTION to Determine Privilege Claim and Compel Production filed by National Indemnity Company. (Attachments: #1 Exhibit 1 (under seal), #2 Exhibit 2 (under seal), #3 Exhibit 3 (under seal))(Sibley, George)
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Filing 395
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 394
TRANSCRIPT of proceedings held on August 27, 2013, before Judge Robert E. Payne. Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/30/2013. Redacted Transcript Deadline set for 10/29/2013. Release of Transcript Restriction set for 11/27/2013.(peterson, peppy)
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Filing 393
Sealed Version of #388 Memorandum in Opposition re 292 MOTION to Determine Privilege Claim and Compel Production filed by Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 11)(kyou, )
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Filing 392
ORDER granting #389 Motion to Seal Ford's Memorandum of Law in Opposition to NICO'S Motion to Determine Privilege Claim and Compel Production and certain exhibits thereto under seal. Signed by District Judge Robert E. Payne on 08/28/13. (kyou, )
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Filing 391
NOTICE by Ford Motor Company re #389 MOTION to Seal Exhibit Nos. 1-8 and 11 of Memorandum of Law in Opposition to NICO's Motion to Compel (Oostdyk, Scott)
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Filing 390
Memorandum in Support re #389 MOTION to Seal Exhibit Nos. 1-8 and 11 of Memorandum of Law in Opposition to NICO's Motion to Compel filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 389
MOTION to Seal Exhibit Nos. 1-8 and 11 of Memorandum of Law in Opposition to NICO's Motion to Compel by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 388
Memorandum in Opposition re #292 MOTION to Determine Privilege Claim and Compel Production filed by Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Oostdyk, Scott)
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Filing 387
Minute Entry for proceedings held before District Judge Robert E. Payne: Parties by counsel. Arguments had by counsel on various pending motions. See transcript for rulings made by the Court for the reasons set forth on the record. Orders/Opinions will be forthcoming. Motion Hearing held on 8/27/2013. (Court Reporter Peppy Peterson, OCR.)(sneal, )
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Filing 386
Sealed Version of #372 Opposition to 181 MOTION for Summary Judgment Supplemental Memorandum of Law Regarding Choice of Law filed by Ford Motor Company. (Attachments: #1 Sealed Exhibit 2, #2 Sealed Exhibit 3, #3 Sealed Exhibit 4, #4Sealed Exhibit 6, #5Sealed Exhibit 7, #6 Sealed Exhibit 8, #7Sealed Exhibit 9, #8Sealed Exhibit 10, #9Sealed Exhibit 11, #10Sealed Exhibit 12, #11Sealed Exhibit 13, #12Sealed Exhibit 15, #13Sealed Exhibit 16)(kyou, )
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Filing 385
ORDER granting #369 Motion to Seal; It is further ORDERED that the Clerk shall file Ford Motor Company's Supplemental Memorandum of Law in Opposition to NICO's Motion for Summary Judgment regarding choice of Law and certain exhibits thereto under seal. Signed by District Judge Robert E. Payne on 08/26/13. (kyou, )
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Filing 384
Sealed Version of #358 REPLY to Response to Motion re 286 MOTION in Limine to Exclude the Deposition Testimony of Kent Wilson, Esq. filed by Ford Motor Company. (Attachments: #1 Sealed Exhibit 1)(kyou, )
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Filing 383
ORDER granting #355 Motion to Seal Ford's Reply Memorandum in Support of Its Motion in Limine to Exclude the Deposition Testimony of Kent Wilson, Esq. and Exhibit 1 under seal. Signed by District Judge Robert E. Payne on 08/26/13. (kyou, )
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Filing 382
Sealed Version of #367 REPLY to Response to Motion re 288 MOTION in Limine to Exclude the Opinion of Allan D. Windt That Counsel's Arbitration Investigation Relieved Defendant National Indemnity Company of Its Claims Handling Responsibilities filed by Ford Motor Company. (Attachments: #1 Sealed Exhibit 4, #2 Sealed Exhibit 5) (kyou, )
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Filing 381
ORDER granting #364 Motion to Seal; It is further ORDERED that the Clerk shall file Ford Motor Company's Reply Memorandum in Further Support of its Motion in Limine to Exclude the Opinion of Allan D. Windt that Counsel's Arbitration Investigation relieved NICO of its claims handling the responsibilities and Exhibits 4 and 5 thereto under seal. Signed by District Judge Robert E. Payne on 08/26/13. (kyou, )
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Filing 380
So Ordered re #374 Motion to appear Pro Hac Vice by John W. Schryber and Certification of Local Counsel Matthew Devane Fender Filing fee $ 75, receipt number 0422-3644578. filed by Ford Motor Company. Signed by District Judge Robert E. Payne on 08/27/13. (kyou, )
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Filing 379
So Ordered re #375 Motion to appear Pro Hac Vice by Diane Pulley Flannery and Certification of Local Counsel Matthew Devane Fender Filing fee $ 75, receipt number 0422-3644599. filed by Ford Motor Company. Signed by District Judge Robert E. Payne on 08/27/13. (kyou, )
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Filing 378
Sealed Version of #362 Reply to Motion re #269 MOTION in Limine to Preclude Ford from Introducing Evidence or Making Argument That Other Carriers Recognized an Obligation to Provide Non-Batch Coverage filed by National Indemnity Company. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 14, #11 Exhibit 15, #12 Exhibit 16)(kyou, )
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Filing 377
Sealed Version of #360 Reply to Motion re 273 MOTION in Limine to Exclude the Expert Testimony of Stephen D. Prater filed by National Indemnity Company. (Attachments: #1 SEALED Exhibit 2)(kyou, )
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Filing 376
ORDER granting #359 Motion to Seal; It is further ORDERED that the Clerk shall file NATIONAL INDEMNNITY COMPANY'S REPLY MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION IN LIMINE TO STRIKE THE EXPERT TESTIMONY OF STEPHEN D. PRATER and Exhibit 2 thereto; NATIONAL INDEMNNITY COMPANY'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO PRECLUDE FORD FROM INTRODUCING EVIDENCE OR MAKING ARGUMENTS THAT OTHER CARRIERS RECOGNIZED AN OBLIGATION TO PROVIDE NON-BATCH COVERAGE and certain exhibits thereto under seal. Signed by District Judge Robert E. Payne on 08/26/13. (kyou, )
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Filing 375
Motion to appear Pro Hac Vice by Diane Pulley Flannery and Certification of Local Counsel Matthew Devane Fender Filing fee $ 75, receipt number 0422-3644599. by Ford Motor Company. (Fender, Matthew)
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Filing 374
Motion to appear Pro Hac Vice by John W. Schryber and Certification of Local Counsel Matthew Devane Fender Filing fee $ 75, receipt number 0422-3644578. by Ford Motor Company. (Fender, Matthew)
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Filing 373
ORDER that both parties be prepared to present evidence at tomorrow's oral argument about the location or locations of HDI-Gerling' s payment of non-batch claims to Ford on all occasions after Jan. 1, 2009; The Court will not entertain any presentations or arguments relating to the place of payment for other Aggregate Stop Loss carriers. Signed by District Judge Robert E. Payne on 08/26/13. (kyou, )
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Filing 372
Opposition to #181 MOTION for Summary Judgment Supplemental Memorandum of Law Regarding Choice of Law filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Oostdyk, Scott)
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Filing 371
NOTICE by Ford Motor Company re #369 MOTION to Seal Plaintiff Ford Motor Company's Supplemental Memorandum of Law in Opposition to NICO's Motion for Summary Judgment Regarding Choice of Law (Oostdyk, Scott)
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Filing 370
Memorandum in Support re #369 MOTION to Seal Plaintiff Ford Motor Company's Supplemental Memorandum of Law in Opposition to NICO's Motion for Summary Judgment Regarding Choice of Law filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 369
MOTION to Seal Plaintiff Ford Motor Company's Supplemental Memorandum of Law in Opposition to NICO's Motion for Summary Judgment Regarding Choice of Law by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 368
NOTICE of Appearance by Brian Charles Riopelle on behalf of Ford Motor Company (Riopelle, Brian)
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Filing 367
REPLY to Response to Motion re #288 MOTION in Limine to Exclude the Opinion of Allan D. Windt That Counsel's Arbitration Investigation Relieved Defendant National Indemnity Company of Its Claims Handling Responsibilities filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Oostdyk, Scott)
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Filing 366
NOTICE by Ford Motor Company re #364 MOTION to Seal Ford Motor Company's Reply Memorandum in Further Support of Its Motion in Limine to Exclude the Opinion of Allan D. Windt and Related Exhibits (Oostdyk, Scott)
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Filing 365
Memorandum in Support re #364 MOTION to Seal Ford Motor Company's Reply Memorandum in Further Support of Its Motion in Limine to Exclude the Opinion of Allan D. Windt and Related Exhibits filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 364
MOTION to Seal Ford Motor Company's Reply Memorandum in Further Support of Its Motion in Limine to Exclude the Opinion of Allan D. Windt and Related Exhibits by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 363
Reply to Motion re #277 MOTION in Limine to Determine the Sufficiency of Certain of Fords Objections to NICOs Fifth Requests for Admission and to Order Such Requests Admitted filed by National Indemnity Company. (Sibley, George)
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Filing 362
Reply to Motion re #269 MOTION in Limine to Preclude Ford from Introducing Evidence or Making Argument That Other Carriers Recognized an Obligation to Provide Non-Batch Coverage filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (under seal), #4 Exhibit 4 (under seal), #5 Exhibit 5 (under seal), #6 Exhibit 6 (under seal), #7 Exhibit 7 (under seal), #8 Exhibit 8 (under seal), #9 Exhibit 9 (under seal), #10 Exhibit 10 (under seal), #11 Exhibit 11 (under seal), #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14 (under seal), #15 Exhibit 15 (under seal), #16 Exhibit 16 (under seal))(Sibley, George)
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Filing 361
Reply to Motion re #267 MOTION in Limine to Preclude Evidence of Other Litigation Against Any Berkshire Hathaway Entity or HDI-Gerling filed by National Indemnity Company. (Sibley, George)
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Filing 360
Reply to Motion re #273 MOTION in Limine to Exclude the Expert Testimony of Stephen D. Prater filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (under seal))(Sibley, George)
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Filing 359
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 358
REPLY to Response to Motion re #286 MOTION in Limine to Exclude the Deposition Testimony of Kent Wilson, Esq. filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit)(Oostdyk, Scott)
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Filing 357
NOTICE by Ford Motor Company re #355 MOTION to Seal Ford's Reply Memorandum in Support of Its Motion in Limine to Exclude the Deposition Testimony of Kent Wilson, Esq. and Related Exhibits (Oostdyk, Scott)
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Filing 356
Memorandum in Support re #355 MOTION to Seal Ford's Reply Memorandum in Support of Its Motion in Limine to Exclude the Deposition Testimony of Kent Wilson, Esq. and Related Exhibits filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 355
MOTION to Seal Ford's Reply Memorandum in Support of Its Motion in Limine to Exclude the Deposition Testimony of Kent Wilson, Esq. and Related Exhibits by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 354
REPLY to Response to Motion re #282 MOTION in Limine to Exclude Evidence or Argument Regarding Rescission filed by Ford Motor Company. (Attachments: #1 Exhibit)(Oostdyk, Scott)
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Filing 353
REPLY to Response to Motion re #284 MOTION in Limine to Exclude Evidence or Argument Regarding Equitable Estoppel filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 352
SEALED VERSION of REPLY to Response to Motion re #232 MOTION for Summary Judgment filed by Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10)(kyou, )
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Filing 351
ORDER granting #341 Motion to Seal; It is further ORDERED that the Clerk shall file Ford Motor Company's Reply Memorandum of Law in Support of its Motion for Partial Summary Judgment and certain exhibits thereto under seal. Signed by District Judge Robert E. Payne on 08/23/13. (kyou, )
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Set/Reset Hearings: Motion Hearing set for 8/27/2013 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Set/Reset Hearings: Motion Hearing set for 9/3/2013 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Set/Reset Hearings: Final Pretrial Conference set for 9/30/2013 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Filing 350
ORDER that the following schedule shall govern the progression of this action:(1) Should Ford desire to file the supplemental brief this Court granted it leave to file in its ORDER of August 22, 2013 {Docket No. 349), it shall do so no later than August 26, 2013, at 12:00 p.m., (2) A hearing on the parties' motions for summary judgment will be held on August 27, 2013, at 10:00 a.m.,(3) A hearing on the parties' motions in limine will be held on September 3, 2013, at 9:30 a.m., (4) The final pretrial conference for this action will be held on September 30, 2013, at 10:00 a.m., (5) Trial in this action shall commence on October 21,2013, at 9:30 a.m. Signed by District Judge Robert E. Payne on 08/22/13. (kyou, )
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Filing 349
ORDER that Ford shall have an opportunity to address that question (see Order for details) at the hearing to be held on motions for summary judgment in this case on August 26, 2013, and may, if it so desires, file, by 9:00 AM on August 26, 2013, a supplemental memorandum addressed to the choice of law issue; NICO is admonished that, in the future, the Court will not entertain arguments raised for the first time in reply briefs or oral argument; It is further ORDERED that, because the reply briefs for the motions in limine will not be filed until August 23, 2013, the hearing scheduled for August 27, 2013 to consider argument on the motions in limine is continued and the parties shall be prepared to address a date to reschedule those arguments during the conference call at 3:30 p.m. August 22, 2013.. Signed by District Judge Robert E. Payne on 08/22/13. (kyou, )
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Filing 348
Reply to Motion re #271 MOTION in Limine to Limit the Expert Testimony of Jonathan R. Terrell filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sibley, George)
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Filing 347
Reply to Motion re #275 MOTION in Limine to Exclude the Expert Testimony of Hugh M. Fain, III, Esq. filed by National Indemnity Company. (Hanbury, Joshua)
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Set/Reset Hearings: Motion Hearing set for 8/27/2013 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Filing 346
Sealed Version of #318 Opposition to #271 MOTION in Limine to Limit the Expert Testimony of Jonathan R. Terrell filed by Ford Motor Company. (Attachments: #1 Exhibit 3, #2 Exhibit 5, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 13, #9 Exhibit 14, #10 Exhibit 15, #11 Exhibit 22)(kyou, )
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Filing 345
Sealed Version of #326 Opposition to #273 MOTION in Limine to Exclude the Expert Testimony of Stephen D. Prater filed by Ford Motor Company. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 9, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 13, #9 Exhibit 14, #10 Exhibit 17, #11 Exhibit 18, #12 Exhibit 20)(kyou, )
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Filing 344
REPLY to Response to Motion re #232 MOTION for Summary Judgment filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Oostdyk, Scott)
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Filing 343
NOTICE by Ford Motor Company re #341 MOTION to Seal Ford's Reply Memorandum and Related Exhibits (Oostdyk, Scott)
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Filing 342
Memorandum in Support re #341 MOTION to Seal Ford's Reply Memorandum and Related Exhibits filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 341
MOTION to Seal Ford's Reply Memorandum and Related Exhibits by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 340
ORDER granting #245 Motion to Limit the Trial Role of Scott Oostdyk, Esq., the trial scheduled to commence on September 16, 2013 will be continued; The Court contemplates that the new trial date will be October 15, 2013 at 9:30 AM with the Final Pretrial Conference to be held September 20, 2013 at 9:30 AM.,Counsel for National Indemnity Company shall arrange a telephone conference with the Court on August 22, 2013 at 3:30 PM to firm up the new dates. Signed by District Judge Robert E. Payne on 08/21/13. (kyou, )
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Filing 339
MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 08/21/12. (kyou, )
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Filing 338
Sealed Version of #322 Opposition to #269 MOTION in Limine to Preclude Ford from Introducing Evidence or Making Argument That Other Carriers Recognized an Obligation to Provide Non-Batch Coverage filed by Ford Motor Company. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 6)(kyou, )
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Filing 337
Sealed Version of #313 Opposition to #275 MOTION in Limine to Exclude the Expert Testimony of Hugh M. Fain, III, Esq. filed by Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(kyou, )
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Filing 336
ORDER granting #308 Motion to Seal; It is further ORDERED that the Clerk shall file PLAINTIFF FORD MOTOR COMPANY'S MEMORANDUM OF LAW IN OPPOSITION TO NICO'S MOTION IN LIMINE TO EXCLUDE EXPERT TESTIMONY OF HUGH M. FAIN, III, ESQ. and certain exhibits thereto under seal. Signed by District Judge Robert E. Payne on 08/21/13. (kyou, )
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Filing 335
ORDER granting #315 Motion to Seal; It is further ORDERED that the Clerk shall file PLAINTIFF FORD MOTOR COMPANY'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT NATIONAL INDEMNITY COMPANY'S MOTION IN LIMINE TO LIMIT THE EXPERT TESTIMONY OF JONATHAN R. TERRELL and certain exhibits thereto under seal. Signed by District Judge Robert E. Payne on 08/21/13. (kyou, )
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Filing 334
ORDER granting #319 Motion to Seal; It is further ORDERED that the Clerk shall file PLAINTIFF FORD MOTOR COMPANY'S MEMORANDUM IN OPPOSITION TO DEFENDANT NATIONAL INDEMNITY COMPANY'S MOTION IN LIMINE TO PRECLUDE FORD FROM INTRODUCING EVIDENCE OR MAKING ARGUMENT THAT OTHER CARRIERS RECOGNIZED AN OBLIGATION TO PROVIDE NON-BATCH COVERAGE and certain exhibits thereto under seal. Signed by District Judge Robert E. Payne on 08/21/13. (kyou, )
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Filing 333
ORDER granting #323 Motion to Seal; It is further ORDERED that the Clerk shall file PLAINTIFF FORD MOTOR COMPANY'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT NATIONAL INDEMNITY COMPANY'S MOTION IN LIMINE TO EXCLUDE THE EXPERT TESTIMONY OF STEPHEN D. PRATER and certain exhibits thereto under seal. Signed by District Judge Robert E. Payne on 08/21/13. (kyou, )
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Filing 332
Sealed Version of #314 Memorandum in Opposition re #288 MOTION in Limine filed by National Indemnity Company. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12)(kyou, )
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Filing 331
Sealed Version of #312 Memorandum in Opposition re #286 MOTION in Limine filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 8)(kyou, )
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Filing 330
Sealed Version of #309 Memorandum in Opposition re #282 MOTION in Limine filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 6, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 15)(kyou, )
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Filing 329
Sealed Version of #307 Memorandum in Opposition re #284 MOTION in Limine filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 10)(kyou, )
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Filing 328
ORDER granting #306 Motion to Seal; it is further ORDERED that the Clerk shall file the following documents under seal: NATIONAL INDEMNNITY COMPANY'S MEMORANDUM OF LAW IN OPPOSITION TO FORD' S MOTION IN LIMINE TO EXCLUDE EVIDENCE OR ARGUMENT REGARDING EQUITABLE ESTOPPEL and certain exhibits thereto; NATIONAL INDEMNNITY COMPANY'S MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OR ARGUMENT REGARDING RESCISSION and certain exhibits thereto; NATIONAL INDEMNNITY COMPANY'S MEMORANDUM OF LAW IN OPPOSITION TO FORD MOTOR COMPANY'S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF KENT WILSON and certain exhibits thereto; and NATIONAL INDEMNNITY COMPANY'S MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE PART OF THE OPINION OF ALLAN D. WINDT and certain exhibits thereto. Signed by District Judge Robert E. Payne on 08/20/13. (kyou, )
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Filing 327
ORDER granting #290 Consent Motion for Leave to File Excess Pages and Nico's response to Ford's Motion for Partial Summary Judgment shall not exceed thirty-two (32) pages; Ford's Motion for an Extension is granted and Ford shall file its reply in support of Ford's Motion for Partial Summary Judgment by 5:00 p.m. August 21, 2013. Signed by District Judge Robert E. Payne on 08/20/13. (kyou, )
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Filing 326
Opposition to #273 MOTION in Limine to Exclude the Expert Testimony of Stephen D. Prater filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit)(Oostdyk, Scott)
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Filing 325
NOTICE by Ford Motor Company re #323 MOTION to Seal Memorandum of Law in Opposition to Defendant National Indemnity Company's Motion in Limine to Exclude the Expert Testimony of Stephen D. Prater (Oostdyk, Scott)
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Filing 324
Memorandum in Support re #323 MOTION to Seal Memorandum of Law in Opposition to Defendant National Indemnity Company's Motion in Limine to Exclude the Expert Testimony of Stephen D. Prater filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 323
MOTION to Seal Memorandum of Law in Opposition to Defendant National Indemnity Company's Motion in Limine to Exclude the Expert Testimony of Stephen D. Prater by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 322
Opposition to #269 MOTION in Limine to Preclude Ford from Introducing Evidence or Making Argument That Other Carriers Recognized an Obligation to Provide Non-Batch Coverage filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Oostdyk, Scott)
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Filing 321
NOTICE by Ford Motor Company re #319 MOTION to Seal Memorandum in Opposition to Defendant National Indemnity Company's Motion in limine to Preclude Ford from Introducing Evidence or Making Argument That Other Carriers Recognized an Obligation to Provide Non-Batch Coverage and Rel (Oostdyk, Scott)
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Filing 320
Memorandum in Support re #319 MOTION to Seal Memorandum in Opposition to Defendant National Indemnity Company's Motion in limine to Preclude Ford from Introducing Evidence or Making Argument That Other Carriers Recognized an Obligation to Provide Non-Batch Coverage and Rel filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 319
MOTION to Seal Memorandum in Opposition to Defendant National Indemnity Company's Motion in limine to Preclude Ford from Introducing Evidence or Making Argument That Other Carriers Recognized an Obligation to Provide Non-Batch Coverage and Related Exhibits by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 318
Opposition to #271 MOTION in Limine to Limit the Expert Testimony of Jonathan R. Terrell filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit)(Oostdyk, Scott)
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Filing 317
NOTICE by Ford Motor Company re #315 MOTION to Seal Memorandum of law in opposition to Defendant National Indemnity Company's Motion in limine to Limit the Expert Testimony of Jonathan R. Terrell (Oostdyk, Scott)
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Filing 316
Memorandum in Support re #315 MOTION to Seal Memorandum of law in opposition to Defendant National Indemnity Company's Motion in limine to Limit the Expert Testimony of Jonathan R. Terrell filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 315
MOTION to Seal Memorandum of law in opposition to Defendant National Indemnity Company's Motion in limine to Limit the Expert Testimony of Jonathan R. Terrell by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 314
Memorandum in Opposition re #288 MOTION in Limine filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (under seal), #6 Exhibit 6 (under seal), #7 Exhibit 7 (under seal), #8 Exhibit 8 (under seal), #9 Exhibit 9 (under seal), #10 Exhibit 10 (under seal), #11 Exhibit 11 (under seal), #12 Exhibit 12 (under seal), #13 Exhibit 13)(Sibley, George)
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Filing 313
Opposition to #275 MOTION in Limine to Exclude the Expert Testimony of Hugh M. Fain, III, Esq. filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Oostdyk, Scott)
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Filing 312
Memorandum in Opposition re #286 MOTION in Limine filed by National Indemnity Company. (Attachments: #1 Exhibit 1 (under seal), #2 Exhibit 2 (under seal), #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 (under seal))(Sibley, George)
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Filing 311
NOTICE by Ford Motor Company re #308 MOTION to Seal Memorandum of Law in Opposition to National Indemnity Company's Motion in Limine to Exclude Expert Testimony of Hugh M. Fain, III, Esq. and Related Exhibits (Oostdyk, Scott)
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Filing 310
Memorandum in Support re #308 MOTION to Seal Memorandum of Law in Opposition to National Indemnity Company's Motion in Limine to Exclude Expert Testimony of Hugh M. Fain, III, Esq. and Related Exhibits filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 309
Memorandum in Opposition re #282 MOTION in Limine filed by National Indemnity Company. (Attachments: #1 Exhibit 1 (under seal), #2 Exhibit 2 (under seal), #3 Exhibit 3, #4 Exhibit 4 (under seal), #5 Exhibit 5, #6 Exhibit 6 (under seal), #7 Exhibit 7, #8 Exhibit 8 (under seal), #9 Exhibit 9 (under seal), #10 Exhibit 10 (under seal), #11 Exhibit 11 (under seal), #12 Exhibit 12 (under seal), #13 Exhibit 13 (under seal), #14 Exhibit 14, #15 Exhibit 15 (under seal))(Sibley, George)
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Filing 308
MOTION to Seal Memorandum of Law in Opposition to National Indemnity Company's Motion in Limine to Exclude Expert Testimony of Hugh M. Fain, III, Esq. and Related Exhibits by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 307
Memorandum in Opposition re #284 MOTION in Limine filed by National Indemnity Company. (Attachments: #1 Exhibit 1 (under seal), #2 Exhibit 2 (under seal), #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 (under seal), #8 Exhibit 8 (under seal), #9 Exhibit 9, #10 Exhibit 10 (under seal))(Sibley, George)
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Filing 306
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 305
Opposition to #277 MOTION in Limine to Determine the Sufficiency of Certain of Fords Objections to NICOs Fifth Requests for Admission and to Order Such Requests Admitted filed by Ford Motor Company. (Attachments: #1 Exhibit)(Oostdyk, Scott)
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Filing 304
Opposition to #267 MOTION in Limine to Preclude Evidence of Other Litigation Against Any Berkshire Hathaway Entity or HDI-Gerling filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 303
TRANSCRIPT of proceedings held on August 16, 2013, before Judge Robert E. Payne. Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/18/2013. Redacted Transcript Deadline set for 10/21/2013. Release of Transcript Restriction set for 11/18/2013.(peterson, peppy)
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Filing 302
Minute Entry for proceedings held before District Judge Robert E. Payne:Motion Hearing held on 8/16/2013. Arguments had on Deft's Motion to Limit Mr. Oostdyk's Trial Role and on Which is the Applicable Law. No ruling made by the Court. See transcript for details. (Court Reporter Peppy Peterson, OCR.)(sneal, )
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Filing 301
Sealed Version of #289 Memorandum in Support re #288 MOTION in Limine TO EXCLUDE THE OPINION OF ALAN D. WINDT THAT COUNSELS ARBITRATION INVESTIGATION RELIEVED DEFENDANT NATIONAL INDEMNITY COMPANY OF ITS CLAIMS HANDLING RESPONSIBILITIES filed by Ford Motor Company (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(kyou, )
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Filing 300
SEALED VERSION of #287 Memorandum in Support re #286 MOTION in Limine TO EXCLUDE THE DEPOSITION TESTIMONY OF KENT WILSON, ESQ. filed by Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 7)(kyou, )
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Filing 299
SEALED VERSION #283 Memorandum in Support re #282 MOTION in Limine TO EXCLUDE EVIDENCE OR ARGUMENT REGARDING RESCISSION filed by Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(kyou, )
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Filing 298
SEALED VERSION of Memorandum in Support re #284 MOTION in Limine TO EXCLUDE EVIDENCE OR ARGUMENT REGARDING EQUITABLE ESTOPPEL filed by Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 4, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13)(kyou, )
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Filing 297
Sealed Version of #293 Memorandum in Support re #292 MOTION to Determine Privilege Claim and Compel Production filed by National Indemnity Company. (Attachments: #1 Sealed Exhibit 4, #2 Sealed Exhibit 5)(kyou, )
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Filing 296
ORDER granting #291 Motion to Seal; it is further ORDERED that the Clerk shall file Defendant's Memorandum of Law in Support of it Motion to Determine Privilege Claim and Compel Production and Exhibits 4 and 5 thereto under seal. Signed by District Judge Robert E. Payne on 08/15/13. (kyou, )
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Filing 295
ORDER granting #279 Motion to Seal; it is further ORDERED that the Clerk shall file the following documents under seal: (1)Plaintiff's Memorandum in Support of Motion in Limine to Exclude Evidence or Argument regarding Equitable Estoppel and certain exhibits, (2)Plaintiff's Memorandum in Support of Motion in Limine to Exclude Evidence or Argument Regrading Rescission and certain exhibits, (3) Plaintiff's Memorandum in Support of its Motion in Limine to Exclude the Deposition Testimony of Kent Wilson, Esq.,(4) Plaintiff's Motion in Limine to Exclude the Opinion of Alan D. Windt that Counsel's Arbitration Investigation relieved Defendant National Indemnity Company of its claims handling responsibilities and certain exhibits. Signed by District Judge Robert E. Payne on 08/15/13. (kyou, )
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Filing 294
TRANSCRIPT of proceedings held on August 9, 2013, before Judge Robert E. Payne, Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/16/2013. Redacted Transcript Deadline set for 10/15/2013. Release of Transcript Restriction set for 11/13/2013.(peterson, peppy)
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Motion Hearing set for 8/16/2013 at 09:30 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Minute Entry for proceedings held before Magistrate Judge David J. Novak:Settlement Conference held on 8/14/2013. (cgar)
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Filing 293
Memorandum in Support re #292 MOTION to Determine Privilege Claim and Compel Production filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (under seal), #5 Exhibit 5 (under seal))(Sibley, George)
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Filing 292
MOTION to Determine Privilege Claim and Compel Production by National Indemnity Company. (Sibley, George)
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Filing 291
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 290
Consent MOTION for Leave to File Excess Pages and Extend Ford's Deadline to File Reply by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Set/Reset Hearings: Final Pretrial Conference set for 8/16/2013 at 09:30 AM before District Judge Robert E. Payne. (sneal, )
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Notice of Correction re #282 - #289 MOTIONS in Limine and Memorandums in Support. Counsel has been notified, in the future when filing multiple similar pleadings, to make the docket text as specific as possible. The Clerk's Office has modified the docket descriptions and no further action is needed at this time. (kyou, )
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Filing 289
Memorandum in Support re #288 MOTION in Limine TO EXCLUDE THE OPINION OF ALAN D. WINDT THAT COUNSELS ARBITRATION INVESTIGATION RELIEVED DEFENDANT NATIONAL INDEMNITY COMPANY OF ITS CLAIMS HANDLING RESPONSIBILITIES filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Oostdyk, Scott)
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Filing 288
MOTION in Limine TO EXCLUDE THE OPINION OF ALAN D. WINDT THAT COUNSELS ARBITRATION INVESTIGATION RELIEVED DEFENDANT NATIONAL INDEMNITY COMPANY OF ITS CLAIMS HANDLING RESPONSIBILITIES by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott) Modified on 8/13/2013 by Clerk's Office to make docket text specific(kyou, ).
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Filing 287
Memorandum in Support re #286 MOTION in Limine TO EXCLUDE THE DEPOSITION TESTIMONY OF KENT WILSON, ESQ. filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Oostdyk, Scott)
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Filing 286
MOTION in Limine TO EXCLUDE THE DEPOSITION TESTIMONY OF KENT WILSON, ESQ. by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott) Modified on 8/13/2013 by Clerk's Office to make docket text specific (kyou, ).
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Filing 285
Memorandum in Support re #284 MOTION in Limine TO EXCLUDE EVIDENCE OR ARGUMENT REGARDING EQUITABLE ESTOPPEL filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Oostdyk, Scott)
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Filing 284
MOTION in Limine TO EXCLUDE EVIDENCE OR ARGUMENT REGARDING EQUITABLE ESTOPPEL by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott) Modified on 8/13/2013 by Clerk's Office to make docket text specific (kyou, ).
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Filing 283
Memorandum in Support re #282 MOTION in Limine TO EXCLUDE EVIDENCE OR ARGUMENT REGARDING RESCISSION filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Oostdyk, Scott) Modified on 8/13/2013 by Clerk's Office to make docket text specific (kyou, ).
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Filing 282
MOTION in Limine TO EXCLUDE EVIDENCE OR ARGUMENT REGARDING RESCISSION by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott) Modified on 8/13/2013 by Clerk's Office to make docket text specific (kyou, ).
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Filing 281
NOTICE by Ford Motor Company re #279 MOTION to Seal (Oostdyk, Scott)
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Filing 280
Memorandum in Support re #279 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 279
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 278
Memorandum in Support re #277 MOTION in Limine to Determine the Sufficiency of Certain of Fords Objections to NICOs Fifth Requests for Admission and to Order Such Requests Admitted filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Sibley, George)
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Filing 277
MOTION in Limine to Determine the Sufficiency of Certain of Fords Objections to NICOs Fifth Requests for Admission and to Order Such Requests Admitted by National Indemnity Company. (Sibley, George)
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Filing 276
Memorandum in Support re #275 MOTION in Limine to Exclude the Expert Testimony of Hugh M. Fain, III, Esq. filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Sibley, George)
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Filing 275
MOTION in Limine to Exclude the Expert Testimony of Hugh M. Fain, III, Esq. by National Indemnity Company. (Sibley, George)
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Filing 274
Memorandum in Support re #273 MOTION in Limine to Exclude the Expert Testimony of Stephen D. Prater filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (under seal))(Sibley, George)
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Filing 273
MOTION in Limine to Exclude the Expert Testimony of Stephen D. Prater by National Indemnity Company. (Sibley, George)
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Filing 272
Memorandum in Support re #271 MOTION in Limine to Limit the Expert Testimony of Jonathan R. Terrell filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (under seal), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 (under seal))(Sibley, George)
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Filing 271
MOTION in Limine to Limit the Expert Testimony of Jonathan R. Terrell by National Indemnity Company. (Sibley, George)
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Filing 270
Memorandum in Support re #269 MOTION in Limine to Preclude Ford from Introducing Evidence or Making Argument That Other Carriers Recognized an Obligation to Provide Non-Batch Coverage filed by National Indemnity Company. (Attachments: #1 Exhibit 1 (under seal), #2 Exhibit 2 (under seal), #3 Exhibit 3 (under seal), #4 Exhibit 4 (under seal), #5 Exhibit 5 (under seal), #6 Exhibit 6 (under seal), #7 Exhibit 7 (under seal), #8 Exhibit 8 (under seal))(Sibley, George)
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Filing 269
MOTION in Limine to Preclude Ford from Introducing Evidence or Making Argument That Other Carriers Recognized an Obligation to Provide Non-Batch Coverage by National Indemnity Company. (Sibley, George)
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Filing 268
Memorandum in Support re #267 MOTION in Limine to Preclude Evidence of Other Litigation Against Any Berkshire Hathaway Entity or HDI-Gerling filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (under seal), #3 Exhibit 3 (under seal), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 (under seal))(Sibley, George)
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Filing 267
MOTION in Limine to Preclude Evidence of Other Litigation Against Any Berkshire Hathaway Entity or HDI-Gerling by National Indemnity Company. (Sibley, George)
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Filing 266
RESPONSE in Opposition re #232 MOTION for Summary Judgment filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (under seal), #5 Exhibit 5 (under seal), #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 (under seal), #9 Exhibit 9 (under seal), #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12 (under seal), #13 Exhibit 13, #14 Exhibit 14 (under seal), #15 Exhibit 15 (under seal), #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24 (under seal), #25 Exhibit 25, #26 Exhibit 26 (under seal), #27 Exhibit 27, #28 Exhibit 28 (under seal), #29 Exhibit 29 (under seal), #30 Exhibit 30 (under seal), #31 Exhibit 31 (under seal), #32 Exhibit 32 (under seal), #33 Exhibit 33 (under seal))(Sibley, George)
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Filing 265
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 264
ORDER that the Final Pretrial Conference scheduled for 10:00 a.m. August 14, 2013 is rescheduled to 9:30 a.m. August 16, 2013. Signed by District Judge Robert E. Payne on 08/09/13. (kyou, )
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Settlement Conference set for 8/14/2013 at 02:00 PM in Chambers before Magistrate Judge David J. Novak. (cgar)
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Filing 263
Reply to Motion re #245 MOTION to Limit Trial Role of Scott Oostdyk, Esq. filed by National Indemnity Company. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17, #6 Exhibit 18, #7 Exhibit 19, #8 Exhibit 20)(Sibley, George) (Attachment 2 replaced on 8/16/2013 by Clerk's Office per counsel's request) (kyou, ).
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Filing 262
NOTICE of Appearance by Joshua Paul Hanbury on behalf of National Indemnity Company (Hanbury, Joshua)
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Minute Entry for proceedings held before Magistrate Judge David J. Novak:Settlement Conference held on 8/8/2013. (cgar)
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Filing 261
Sealed Version of #256 Memorandum in Opposition. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 5, #4 Exhibit 10, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 20, #11 Exhibit 21, #12 Exhibit 22)(kyou, )
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Filing 260
ORDER granting #253 Motion to File Documents Under Seal; It is further ORDERED that the Clerk shall file Ford's Memorandum in Opposition to National Indemnity Company's Motion to Disqualify Ford's Lead Trial Counsel and certain exhibits under seal. Signed by District Judge Robert E. Payne on 08/07/13. (kyou, )
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Filing 259
ORDER granting #258 Motion for Extension of Time to File Opposition Brief; It is further ORDERED that the defendant shall file its opposition to Plaintiff's Motion for Partial Summary Judgment by August 12, 12013. Signed by District Judge Robert E. Payne on 08/07/13.(kyou, )
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Filing 258
Consent MOTION for Extension of Time to File Response/Reply as to #232 MOTION for Summary Judgment by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 257
NOTICE of Appearance by Heather L. Carlton on behalf of Ford Motor Company (Carlton, Heather)
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Filing 256
Memorandum in Opposition re #245 MOTION to Limit Trial Role of Scott Oostdyk, Esq. filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit)(Oostdyk, Scott)
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Filing 255
NOTICE by Ford Motor Company re #253 MOTION to Seal (Oostdyk, Scott)
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Filing 254
Memorandum in Support re #253 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 253
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 252
Declaration re #251 Reply to Motion (NICO's Summary Judgment) by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Sibley, George)
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Filing 251
Reply to Motion re #181 MOTION for Summary Judgment filed by National Indemnity Company. (Sibley, George)
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Filing 250
Sealed Memorandum of Law by Defendant National Indemnity Company in Support of its #245 Motion to Limit Trial Role of Scott Oostdyk, Esq.; filed pursuant to the Court's #249 Order. (Attachments: #1 Sealed Exhibit 1, #2 Sealed Exhibit 2, #3 Sealed Exhibit 5, #4 Sealed Exhibit 7 and #5 Sealed Exhibit 8). (walk, )
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Filing 249
ORDER GRANTING #244 Motion to File Documents Under Seal. It is further ORDERED that the Clerk shall file Defendant National Indemnity Company's Memorandum of Law in Support of its Motion to Limit Trial Role of Scott Oostdyk, Esquire and certain exhibits thereto under seal. It is so ORDERED. Signed by District Judge Robert E. Payne on 08/02/2013. (walk, )
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Filing 248
ORDER GRANTING Defendant National Indemnity Company's #239 Consent Motion for Extension of Time to File Reply Brief. It is further ORDERED that the Defendant shall file its reply in support of Defendant National Indemnity Company's #181 Motion for Summary Judgment. It is so ORDERED. Signed by District Judge Robert E. Payne on 08/01/2013 nunc pro tunc 07/24/2013. (walk, )
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Filing 247
ORDER DENYING as MOOT Plaintiff's #202 Motion to Determine Privilege Claim, because the documents at issue were produced by the Defendant on 07/31/2013. It is so ORDERED. Signed by District Judge Robert E. Payne on 08/02/2013. (walk, )
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Set/Reset Motion Hearing set for 8/27/2013 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Filing 246
Memorandum in Support re #245 MOTION to Limit Trial Role of Scott Oostdyk, Esq. filed by National Indemnity Company. (Attachments: #1 Exhibit 1 (under seal), #2 Exhibit 2 (under seal), #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (under seal), #6 Exhibit 6, #7 Exhibit 7 (under seal), #8 Exhibit 8 (under seal), #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Sibley, George)
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Filing 245
MOTION to Limit Trial Role of Scott Oostdyk, Esq. by National Indemnity Company. (Sibley, George)
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Filing 244
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 243
SEALED DOCUMENT Ford Motor Company's Memorandum of Law in Support of its #232 MOTION for Partial Summary Judgment . Filed UNDER SEAL per Order #241 entered on 8/1/13. (Redacted document #233 ) (SEALED Exhibits placed in brown expandable file in Clerk's Office)(jtho, )
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Filing 242
SEALED DOCUMENT: Ford Motor Company's Memorandum of Law in Opposition to Defendant National Indemnity Company's #181 MOTION for Summary Judgment . FILED UNDER SEAL per Order #240 entered 8/1/13. (SEALED Exhibits placed in brown expandable file in Clerk's Office). (jtho, )
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Filing 241
ORDER GRANTING Plaintiff's #229 Motion to File Documents Under Seal. It is further ORDERED that the Clerk shall file Plaintiff Ford Motor Company's Memorandum of Law in Support of its #232 Motion for Partial Summary Judgment and certain exhibits thereto under seal. It is so ORDERED. Signed by District Judge Robert E. Payne on 07/31/2013. (walk, )
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Filing 240
ORDER GRANTING Plaintiff's #225 Motion to File Documents Under Seal. It is further ORDERED that the Clerk shall file Plaintiff Ford Motor Company's Memorandum of Law in Opposition to Defendant National Indemnity Company's #181 Motion for Summary Judgment and certain exhibits thereto under seal. It is so ORDERED. Signed by District Judge Robert E. Payne on 07/31/2013. (walk, )
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Filing 239
Consent MOTION for Extension of Time to File Reply Brief re: #181 MOTION for Summary Judgment by National Indemnity Company. (Attachments: #1 Proposed Order). (Sibley, George). Modified docket entry on 08/01/2013. (walk, ).
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Filing 238
ORDER that as directed and for the reasons set forth in the telephone conference held in this matter on 07/24/2013, the oral motion made therein by the Plaintiff, Ford Motor Company, to quash the Notice of Deposition for Kent Wilson which was issued by the Defendant, National Indemnity is DENIED. It is further ORDERED that counsel for Ford Motor Company shall be entitled to inquire into any conversation or document between Mr. Wilson and his clients that relate to, or refer to, the substance of what Mr. Oostdyk is purported to have told Mr. Wilson in any conversation about whether Ford Motor Company, in or after January 2011, wished the insureds being represented by Mr. Wilson to suspend payment on so-called "non-Batch claims." It is further ORDERED that all documents relating to, or referring to, the substance of such conversations shall be provided. To the extent that providing such documents necessitates communicating with Mr. Wilson's clients, that task must be accompanied by counsel for National Indemnity Company which is in the best position to effect the results herein contemplated. As explained in the telephone conversation both factual information and legal advice, the legal advice may be redacted as privileged, but the factual information must be provided because it is not privileged. It is so ORDERED. Signed by District Judge Robert E. Payne on 07/31/2013 nunc pro tunc 07/24/2013. (walk, )
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Filing 237
RESPONSE to Motion re #202 MOTION to Determine Privilege Claim filed by National Indemnity Company. (Attachments: #1 Exhibit 1)(Sibley, George)
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Filing 236
Amended CERTIFICATE of Service re: #233 Memorandum in Support by Scott Charles Oostdyk on behalf of Ford Motor Company (Oostdyk, Scott). Modified docket entry on 07/30/2013. (walk, ).
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Filing 235
NOTICE by National Indemnity Company Concerning Representation at Oral Argument (Attachments: #1 Exhibit 1). (Sibley, George).
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Filing 234
TRANSCRIPT of proceedings held on July 24, 2013, before Judge Robert E. Payne, Court Reporter Diane Daffron, Telephone number 804 916-2267. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/28/2013. Redacted Transcript Deadline set for 9/30/2013. Release of Transcript Restriction set for 10/28/2013.(daffron, diane)
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Filing 233
Memorandum in Support re: #232 MOTION for Partial Summary Judgment filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit)(Oostdyk, Scott). (Additional attachment added on 7/30/2013: #53 Revised Exhibit #25 added per the request of Counsel for Defendant. NEF regenerated. (walk, ). Modified docket entry on 08/01/2013. (walk, ).
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Filing 232
MOTION for Partial Summary Judgment by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott). Modified docket entry on 08/01/2013. (walk, ).
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Filing 231
NOTICE by Ford Motor Company re #229 MOTION to Seal (Oostdyk, Scott)
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Filing 230
Memorandum in Support re #229 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 229
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 228
Memorandum in Opposition re #181 MOTION for Summary Judgment filed by National Indemnity Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit)(Oostdyk, Scott) (Attachment 19 replaced on 7/26/2013). (kyou, ). Modified on 07/29/2013 to edit filer for document 181 at counsel request. (cmcc, ). (Additional attachment added on 7/30/2013: #50 Revised Exhibit #45 added per the request of Counsel for Defendant. NEF regenerated. (walk, ).
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Filing 227
NOTICE by Ford Motor Company re #225 MOTION to Seal (Oostdyk, Scott)
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Filing 226
Memorandum in Support re #225 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 225
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 224
ORDER that the Final Pretrial Conference scheduled for 10:00 August 5, 2013 is continued to 10:00 a.m. August 14, 2013; oral argument on motions for summary judgment shall be heard at 10:00 a.m. August 26, 2013; motions in limine shall be briefed on the following schedule: Motions due: August 12, 2013; Responses due: August 19, 2013; Replies due: August 23, 2013; Oral Argument: August 27, 2013 10:00 a.m.; the trial by jury scheduled for 9:30 a.m. September 3, 2013 is continued to 9:30 a.m. September 9, 2013. Signed by District Judge Robert E. Payne on 07/25/13. (kyou, )
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Filing 223
ORDER that the notebook of fifty-five (55) documents which was filed in camera and was the subject of Plaintiff's #107 Motion to Compel Disclosure of FiftyOfive Non-Privileged Documents shall be kept permanently by the Clerk under seal until conclusion of the case and; provided, however, that the defendant's counsel shall have access to the notebook and the notations thereinfor the purposes of complying with the #218 Order. Signed by District Judge Robert E. Payne on 07/25/13. (kyou, )
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Filing 222
Sealed Exhibits to #203 Memorandum in Support. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 7, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 12)(kyou, )
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Filing 221
ORDER granting #199 Motion to Seal; It is further ORDERED that the Clerk shall file the requested exhibits to #203 Plaintiff's Memorandum In Support of Motion to Determine Privilege Claim under seal. Signed by District Judge Robert E. Payne on 07/24/13. (kyou, )
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Set/Reset Hearings: Motion Hearing set for 8/26/2013 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Set/Reset Hearings: Final Pretrial Conference set for 8/14/2013 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. Jury Trial set for 9/9/2013 at 09:30 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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for proceedings held before District Judge Robert E. Payne:Telephone Conference held on 7/24/2013. (sneal, )
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Filing 220
Sealed Exhibits re #219 Letter. (Attachments: #1 Exhibit 2A, #2 Exhibit 2B)(kyou, )
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Filing 219
Letter to the Honorable Robert E. Payne from Matthew D. Fender. (kyou, )
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Filing 218
MEMORANDUM ORDER re: #107 Motion to Compel Disclosure of Fifty-Five Non-Privileged Documents; documents which are not privileged must be produced by 5:00 p.m. EST, July 24, 2013; See Order for Deadlines and Details. Signed by District Judge Robert E. Payne on 7/22/13. (jtho, ) Modified text on 7/23/2013 (jtho, ).
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Filing 217
MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 7/22/13. (jtho, )
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Settlement Conference set for 8/8/2013 at 01:00 PM in Chambers before Magistrate Judge David J. Novak. (cgar)
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Minute Entry for proceedings held before Magistrate Judge David J. Novak:Settlement Conference held on 7/23/2013. (cgar)
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Filing 215
Sealed Exhibit to #195 REPLY to Response to Motion to Compel Unredacted Copies of Certain Documents. (kyou, )
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Filing 214
ORDER granting #192 Motion to Seal; It is further ORDERED that the Clerkshall file Exhibit 21 to Plaintiff's #195 REPLY to Response to Motion to Compel Unredacted Copies of Certain Documents under seal. Signed by District Judge Robert E. Payne on 07/18/13. (kyou, )
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Filing 213
Sealed Exhibits to #189 Declaration of George P. Sibley, III. (Attachments: #1 Exhibit 2, #2 Exhibit 16)(kyou, )
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Filing 212
ORDER granting #187 Motion to Seal; It is further ORDERED that the Clerkshall file the requested exhibits to #189 Declaration of George P. Sibley, III under seal. Signed by District Judge Robert E. Payne on 7/18/13. (kyou, )
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Filing 211
Sealed Exhibit to #185 Reply to Motion for Leave to File an Amended Answer. (Attachments: #1 Exhibit 11)(kyou, )
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Filing 210
ORDER granting #184 Motion to Seal; It is further ORDERED that the Clerk shall file Exhibit 11 to #185 National Indemnity Company's Reply in Support of Motion for Leave to File an Amended Answer under seal. Signed by District Judge Robert E. Payne on 07/18/13. (kyou, )
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Filing 209
Sealed Exhibits to #183 Declaration. (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 21, #9 Exhibit 22, #10 Exhibit 24, #11 Exhibit 27, #12 Exhibit 28, #13 Exhibit 29, #14 Exhibit 30, #15 Exhibit 31, #16 Exhibit 39)(kyou, )
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Filing 208
ORDER granting #150 Motion to Compel Unredacted Copies of Certain Documents and that the requested unredacted documents shall be produced to Ford's counsel not later than July 23, 2013; provided that, to the extent that any such documents are among the 55 documents claimed to be privileged which privilege claims are under review by the Court, they shall not be encompassed by this Order. Signed by District Judge Robert E. Payne on 07/22/13. (kyou, )
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Filing 207
ORDER denying, at this time, #113 Motion to Compel;. It is further ORDERED that, by, 5:00 PM, E.D.T., Friday, July 26, 2013, counsel for Ford Motor Company shall advise counsel for National Indemnity Company whether Mr.Oostdyk will be called to testify at trial; If he is to be called as a witness at trial, he can be deposed immediately. Signed by District Judge Robert E. Payne on 7/22/13. (kyou, )
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Filing 206
ORDER granting #180 Motion to Seal; It is further ORDERED that the Clerkshall file the requested exhibits to #183 Declaration of George P. Sibley, III under seal. Signed by District Judge Robert E. Payne on 07/18/13. (kyou, )
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Filing 205
Sealed Exhibits to #179 Memorandum in Opposition. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(kyou, )
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Filing 204
ORDER granting #176 Motion to Seal; It is further ORDERED that the Clerk shall file Exhibits 1, 2, and 3 to #179 Ford Motor Company's Memorandum in Opposition to National Indemnity Company's Motion for Leave to File an Amended Answer under seal. Signed by District Judge Robert E. Payne on 7/18/13. (kyou, )
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Filing 203
Memorandum in Support re #202 MOTION to Determine Privilege Claim filed by Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Oostdyk, Scott)
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Filing 202
MOTION to Determine Privilege Claim by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 201
NOTICE by Ford Motor Company re #199 MOTION to Seal (Oostdyk, Scott)
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Filing 200
Memorandum in Support re #199 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 199
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 198
So Ordered re #191 Motion to appear Pro Hac Vice by Richard Irving Werder, Jr. and Certification of Local Counsel Michael S. Levine Filing fee $ 75, receipt number 0422-3591917. filed by National Indemnity Company. Signed by District Judge Robert E. Payne on 7/17/13. (kyou, )
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Filing 197
NOTICE of Withdrawal by Ford Motor Company re #195 Reply to Response to Motion (Oostdyk, Scott) Modified docket text on 7/17/2013 (wtuc, ).
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Filing 196
TRANSCRIPT of proceedings held on July 12, 2013, before Judge Robert E. Payne, Court Reporter Diane Daffron, Telephone number 804 916-2267. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/16/2013. Redacted Transcript Deadline set for 9/16/2013. Release of Transcript Restriction set for 10/15/2013.(daffron, diane)
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Filing 195
REPLY to Response to Motion re #150 MOTION to Compel filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Oostdyk, Scott)
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Filing 194
NOTICE by Ford Motor Company re #192 MOTION to Seal (Oostdyk, Scott)
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Filing 193
Memorandum in Support re #192 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 192
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 191
Motion to appear Pro Hac Vice by Richard Irving Werder, Jr. and Certification of Local Counsel Michael S. Levine Filing fee $ 75, receipt number 0422-3591917. by National Indemnity Company. (Levine, Michael)
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Settlement Conference set for 7/23/2013 at 09:30 AM in Chambers before Magistrate Judge David J. Novak. (cgar)
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Filing 190
Minute Entry for proceedings held before District Judge Robert E. Payne:Motion Hearing held on 7/12/13. Parties by/with counsel. Arguments had on Deft's Motion to Compel; Deft's Motion to Amend Answer and Plaintiff's Motion for Sanctions. All motions taken under advisement by the Court. (Court Reporter Diane Daffron, OCR.)(sneal, )
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Filing 189
Declaration re #188 Memorandum in Opposition by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (Filed Under Seal), #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16 (Filed Under Seal))(Sibley, George)
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Filing 188
Memorandum in Opposition re #150 MOTION to Compel filed by National Indemnity Company. (Sibley, George)
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Filing 187
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 186
NOTICE of Appearance by Jeremy Stephen Byrum on behalf of Ford Motor Company (Byrum, Jeremy)
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Filing 185
Reply to Motion re #165 MOTION for Leave to File an Amended Answer & Affirmative Defenses filed by National Indemnity Company. (Attachments: #1 Exhibit 11 (Filed Under Seal))(Sibley, George)
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Filing 184
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 183
Declaration re #181 MOTION for Summary Judgment by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11 (Filed Under Seal), #12 Exhibit 12 (Filed Under Seal), #13 Exhibit 13 (Filed Under Seal), #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17 (Filed Under Seal), #18 Exhibit 18 (Filed Under Seal), #19 Exhibit 19 (Filed Under Seal), #20 Exhibit 20 (Filed Under Seal), #21 Exhibit 21 (Filed Under Seal), #22 Exhibit 22 (Filed Under Seal), #23 Exhibit 23, #24 Exhibit 24 (Filed Under Seal), #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27 (Filed Under Seal), #28 Exhibit 28 (Filed Under Seal), #29 Exhibit 29 (Filed Under Seal), #30 Exhibit 30 (Filed Under Seal), #31 Exhibit 31 (Filed Under Seal), #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39 (Filed Under Seal))(Sibley, George)
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Filing 182
Memorandum in Support re #181 MOTION for Summary Judgment filed by National Indemnity Company. (Sibley, George)
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Filing 181
MOTION for Summary Judgment by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 180
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 179
Memorandum in Opposition re #165 MOTION for Leave to File an Amended Answer & Affirmative Defenses filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Oostdyk, Scott)
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Filing 178
NOTICE by Ford Motor Company re #176 MOTION to Seal (Oostdyk, Scott)
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Filing 177
Memorandum in Support re #176 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 176
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 175
Sealed Exhibits to #169 Declaration. (Attachments: #1 Exhibit 31, #2 Exhibit 32, #3 Exhibit 37, #4 Exhibit 38, #5 Exhibit 39, #6 Exhibit 40, #7 Exhibit 41, #8 Exhibit 42, #9 Exhibit 43, #10 Exhibit 47, #11 Exhibit 49)(kyou, )
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Filing 174
ORDER granting #167 Motion to Seal; it is further ORDERED that the Clerk shall file the requested exhibits to #168 Reply Memorandum in Support of the Motion to Compel the Deposition of Scott C. Oostdyk, Esq. under seal. Signed by District Judge John A. Gibney, Jr on 7/8/13.(kyou, )
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Filing 173
Sealed Exhibit to #166 Memorandum in Support re: #165 MOTION for Leave to File an Amended Answer & Affirmative Defenses. (Attachments: #1 Sealed Exhibit 10)(kyou, )
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Filing 172
ORDER granting #164 Motion to Seal; it is further ORDERED that the Clerk shall file Exhibit 10 to #166 Memorandum in Support of MOTION for Leave to File an Amended Answer under seal. Signed by District Judge John A. Gibney, Jr on 07/8/13.(kyou, )
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Filing 171
ORDER granting #159 Motion for Pro hac vice. Appointed John Nonna for National Indemnity Company. Signed by District Judge John A. Gibney, Jr on 7/8/13. (tdai, )
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Filing 170
ORDER granting #158 Motion for Pro hac vice. Appointed Suman Chakraborty for National Indemnity Company. Signed by District Judge John A. Gibney, Jr on 7/8/13. (tdai, )
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Filing 169
Declaration re #168 Response in Support of Motion, Reply to Motion by National Indemnity Company. (Attachments: #1 Exhibit 31 (Filed Under Seal), #2 Exhibit 32 (Filed Under Seal), #3 Exhibit 33, #4 Exhibit 34, #5 Exhibit 35, #6 Exhibit 36, #7 Exhibit 37 (Filed Under Seal), #8 Exhibit 38 (Filed Under Seal), #9 Exhibit 39 (Filed Under Seal), #10 Exhibit 40 (Filed Under Seal), #11 Exhibit 41 (Filed Under Seal), #12 Exhibit 42 (Filed Under Seal), #13 Exhibit 43 (Filed Under Seal), #14 Exhibit 44, #15 Exhibit 45, #16 Exhibit 46, #17 Exhibit 47 (Filed Under Seal), #18 Exhibit 48, #19 Exhibit 49 (Filed Under Seal), #20 Exhibit 50, #21 Exhibit 51, #22 Exhibit 52)(Sibley, George)
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Filing 168
RESPONSE in Support re #113 MOTION to Compel Compel the Deposition of Scott Oostdyk, Esq. (Redacted), Reply to Motion filed by National Indemnity Company. (Sibley, George)
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Filing 167
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Motion Hearing set for 7/12/2013 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Filing 166
Memorandum in Support re #165 MOTION for Leave to File an Amended Answer & Affirmative Defenses filed by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10 (FILED UNDER SEAL))(Sibley, George)
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Filing 165
MOTION for Leave to File an Amended Answer & Affirmative Defenses by National Indemnity Company. (Attachments: #1 Exhibit A, #2 Proposed Order)(Sibley, George)
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Filing 164
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 163
Sealed Exhibits to #153 MOTION for Leave to File Sur-Reply in Opposition to Ford Motor Company's Reply Brief in Further Support of its Motion to Compel Disclosure of Fifty-Five Non-Privileged Documents. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 8)(kyou, )
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Filing 162
ORDER granting #155 Motion to Seal; it is hereby ORDERED that the Clerk shall file Exhibit A and portions of Exhibit B to #153 MOTION for Leave to File Sur-Reply in Opposition to Ford Motor Company's Reply Brief in Further Support of its Motion to Compel Disclosure of Fifty-Five Non-Privileged Documents under seal; it is further ORDERED that #152 Motion to Seal is denied as moot. Signed by District Judge Henry E. Hudson on 7/3/13. (kyou, )
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Filing 161
ORDER granting #147 Motion to Seal; it is further ORDERED that the Clerk shall file Exhibits Nos. 3,4,10,11,and 12 to Ford Motor Company's Memorandum of Law in Support of its Motion to Compel Unredacted Copies of Certain Documents under seal. Signed by District Judge Henry E. Hudson on 7/3/13. (kyou, )
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Filing 160
Sealed Exhibits to #151 Memorandum in Support. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 10, #4 Exhibit 11-A, #5 Exhibit 11-B, #6 Exhibit 12)(kyou, )
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Filing 159
Motion to appear Pro Hac Vice by John M. Nonna and Certification of Local Counsel George P. Sibley, III Filing fee $ 75, receipt number 0422-3580576. by National Indemnity Company. (Sibley, George)
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Filing 158
Motion to appear Pro Hac Vice by Suman Chakraborty and Certification of Local Counsel George P. Sibley, III Filing fee $ 75, receipt number 0422-3580558. by National Indemnity Company. (Sibley, George)
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Filing 157
Sealed Exhibits to #146 Opposition. (Attachments: #1 Exhibit 1A, #2 Exhibit 1B, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13, #10 Exhibit 14, #11 Exhibit 15, #12 Exhibit 16, #13 Exhibit 22, #14 Exhibit 24)(kyou, )
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Filing 156
ORDER granting #143 Motion to Seal; It is further ORDERED that the Clerk shall file Ford Motor Company's Memorandum of Law in Opposition to National Indemnity Company's Motion to Compel the Deposition of Ford's Trial Attorney and certain exhibits thereto under seal. Signed by District Judge Henry E. Hudson on 07/02/13. (kyou, )
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Filing 155
Amended MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 154
Memorandum in Support re #153 MOTION for Leave to File Sur-Reply in Opposition to Ford Motor Companys Reply Brief in Further Support of its Motion to Compel Disclosure of Fifty-Five Non-Privileged Documents filed by National Indemnity Company. (Sibley, George)
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Filing 153
MOTION for Leave to File Sur-Reply in Opposition to Ford Motor Companys Reply Brief in Further Support of its Motion to Compel Disclosure of Fifty-Five Non-Privileged Documents by National Indemnity Company. (Attachments: #1 Exhibit A (NICO's Sur-Reply), #2 Exhibit B (Sibley Declaration), #3 Proposed Order)(Sibley, George)
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Filing 152
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 151
Memorandum in Support re #150 MOTION to Compel filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit)(Oostdyk, Scott)
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Filing 150
MOTION to Compel by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 149
NOTICE by Ford Motor Company re #147 MOTION to Seal (Oostdyk, Scott)
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Filing 148
Memorandum in Support re #147 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 147
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 146
Opposition to #113 MOTION to Compel Compel the Deposition of Scott Oostdyk, Esq. filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit)(Oostdyk, Scott)
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Filing 145
NOTICE by Ford Motor Company re #143 MOTION to Seal (Oostdyk, Scott)
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Filing 144
Memorandum in Support re #143 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 143
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 142
ORDER that the Court shall hear oral argument on the ripe pending motions on July 12, 2013 at 10:00 a.m; Ford's proposed motion to compel respecting the identities of insureds shall be filed no later than June 28, 2013; NICO's response shall be filed no later than July 11, 2013; and Ford's reply shall be filed no later than July 15,2013; the parties may change these deadlines in order for this motion to be ripe on July 12, 2013 provided that (1) they agree on the new deadlines, and (2) the reply brief is filed no later than July 10, 2013 at 10:00 a.m. Signed by District Judge Robert E. Payne on 6/26/13. (kyou, )
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Filing 141
Response to #96 MOTION for Sanctions (Supplemental Brief in Opposition to Ford's Motion to Sanction National Indemnity Company for Failure to Comply with a Discovery Order) filed by National Indemnity Company. (Attachments: #1 Exhibit 1)(Sibley, George)
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Filing 140
ORDER granting #136 Motion for Leave; NICO is directed to file its supplemental brief, previously attached as Exhibit 1 to Docket No. 136; Ford will be permitted to file a response to the assertions and arguments in NICO's supplemental brief; Ford's response shall be filed no later than July 9, 2013. Signed by District Judge Robert E. Payne on 6/25/13. (kyou, )
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Filing 139
REPLY to Response to Motion re #107 MOTION to Compel filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Oostdyk, Scott)
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Filing 138
Sealed Exhibits to #130 Declaration of George P. Sibley, III (Attachments: #1 Exhibit 14, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20)(kyou, )
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Filing 137
ORDER granting #128 Motion to Seal; it is further ORDERED that the Clerk shall file the requested exhibits to Defendant National Indemnity Company's Opposition to Ford's Motion to Compel Disclosure of Fifty-Five Privileged Documents under seal. Signed by District Judge Robert E. Payne on 6/21/13. (kyou, )
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Filing 136
MOTION for Leave to File Supplemental Brief by National Indemnity Company. (Attachments: #1 Exhibit A - Supplemental Brief, #2 Proposed Order)(Sibley, George)
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Filing 135
Sealed Exhibits to #123 Reply to Motion for Sanctions. (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 6)(kyou, )
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Filing 134
ORDER granting #120 Motion to Seal; it is further ORDERED that the Clerk shall file the Exhibits 1,3, and 6 to Ford Motor Company's Reply Memorandum under seal. Signed by District Judge Robert E. Payne on 6/19/13. (kyou, )
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Filing 133
Sealed Exhibits to #118 Declaration. (Attachments: #1 Exhibit 2, #2 Exhibit 5, #3 Exhibit 17, #4 Exhibit 28, #5 Exhibit 29, #6 Exhibit 30, #7 Exhibit 31)(kyou, )
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Filing 132
ORDER granting #116 Motion to Seal; it is further ORDERED that the Clerk shall file the requested exhibits under seal. Signed by District Judge Robert E. Payne on 6/18/13. (kyou, )
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Filing 131
Declaration re #129 Memorandum in Opposition (Declaration of Alan Lacy) by National Indemnity Company. (Sibley, George)
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Filing 130
Declaration re #129 Memorandum in Opposition (Declaration of George P. Sibley, III) by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14 (FILED UNDER SEAL), #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17 (FILED UNDER SEAL), #18 Exhibit 18 (FILED UNDER SEAL), #19 Exhibit 19 (FILED UNDER SEAL), #20 Exhibit 20 (FILED UNDER SEAL), #21 Exhibit 21, #22 Exhibit 22)(Sibley, George)
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Filing 129
Memorandum in Opposition re #107 MOTION to Compel Disclosure of Fifty-Five Privileged Documents filed by National Indemnity Company. (Sibley, George) (Main Document 129 replaced on 6/20/2013 by Clerk's Office to replace the word "Sealed" with "Redacted" on cover page) (kyou, ).
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Filing 128
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 127
Sealed Exhibits to #108 Memorandum in Support. (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 16, #5 Exhibit 17, #6 Exhibit 18, #7 Exhibit 19, #8 Exhibit 20, #9 Exhibit 21, #10 Exhibit 22, #11 Exhibit 23, #12 Exhibit 24)(kyou, )
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Filing 126
ORDER granting #104 Motion to Seal; it is further ORDERED that the Clerk shall file the requested exhibits under seal. Signed by District Judge Robert E. Payne on 6/17/13. (kyou, )
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Filing 125
Sealed Exhibits to #115 Declaration re: #113 MOTION to Compel the Deposition of Scott Oostdyk, Esq. (Declaration of George P. Sibley, III). (Attachments: #1 Exhibit 10, #2 Exhibit 11, #3 Exhibit 12, #4 Exhibit 13, #5 Exhibit 16)(Filed per #124 Order)(kyou, )
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Filing 124
ORDER granting #112 Motion to Seal; it is further ORDERED that the Clerk shall file Exhibits 10,11,12,13, and 16 to #115 Declaration of George P. Sibley, III. Signed by District Judge Robert E. Payne on 6/17/13. (kyou, )
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Filing 123
Reply to Motion re: #96 MOTION for Sanctions filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit). (Oostdyk, Scott). PLEASE NOTE: Placeholders for Exhibits 3 and 6 replaced on 06/18/2013 at the request of the filing user and NEF regenerated. (walk, ).
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Filing 122
NOTICE by Ford Motor Company re #120 MOTION to Seal (Oostdyk, Scott)
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Filing 121
Memorandum in Support re #120 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 120
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 119
STIPULATED PROTECTIVE ORDER regarding Discovery from John Yacoub. Signed by District Judge Robert E. Payne on 6/14/13. (kyou, )
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Filing 118
Declaration re #117 Memorandum in Opposition (Declaration of George P. Sibley, III) by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (filed under seal), #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (filed under seal), #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17 (filed under seal), #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28 (filed under seal), #29 Exhibit 29 (filed under seal), #30 Exhibit 30 (filed under seal), #31 Exhibit 31 (filed under seal), #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38)(Sibley, George)
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Filing 117
Memorandum in Opposition re #96 MOTION for Sanctions filed by National Indemnity Company. (Sibley, George)
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Filing 116
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Filing 216
(NUNC PRO TUNC) Sealed "Unredacted" version of #114 Memorandum in Support to #13 Motion to Compel the Deposition of Scott Oostdyk, Esq. (kyou, )(filed NUNC PRO TUNC per chambers)
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Filing 115
Declaration re #113 MOTION to Compel Compel the Deposition of Scott Oostdyk, Esq. (Declaration of George P. Sibley, III) by National Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10 (filed under seal), #11 Exhibit 11 (filed under seal), #12 Exhibit 12 (filed under seal), #13 Exhibit 13 (filed under seal), #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16 (filed under seal), #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(Sibley, George)
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Filing 114
Memorandum in Support re #113 MOTION to Compel Compel the Deposition of Scott Oostdyk, Esq. filed by National Indemnity Company. (Sibley, George) (Main Document 114 replaced on 6/20/2013 by Clerk's Office to replace the word "Sealed" with "Redacted" on cover page(kyou, )
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Filing 113
MOTION to Compel Compel the Deposition of Scott Oostdyk, Esq. by National Indemnity Company. (Sibley, George)
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Filing 112
MOTION to Seal by National Indemnity Company. (Attachments: #1 Proposed Order)(Sibley, George)
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Notice of Correction re #110 Stipulation Protective Order Regarding Discovery. Counsel has been notified to submit an original paper version to the Clerk's Office (kyou, )
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Filing 111
ORDER GRANTING #109 Motion by National Indemnity Company for the Admission of Andrew M. Berdon, Esquire Pro Hac Vice. Signed by District Judge Robert E. Payne on 06/11/2013. (walk, )
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Filing 110
(DISREGARD FILING) STIPULATION Stipulated Protective Order Regarding Discovery From John Yacoub by National Indemnity Company. (Levine, Michael) Modified docket text on 6/13/2013 (jtho, ).
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Filing 109
Motion to appear Pro Hac Vice by Andrew Mark Berdon and Certification of Local Counsel Michael Scott Levine. Filing fee $ 75, receipt number 0422-3550281. by National Indemnity Company. (Levine, Michael)
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Filing 108
Memorandum in Support re #107 MOTION to Compel filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit)(Oostdyk, Scott)
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Filing 107
MOTION to Compel by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 106
NOTICE by Ford Motor Company re #104 MOTION to Seal (Oostdyk, Scott)
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Filing 105
Memorandum in Support re #104 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 104
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 103
ORDER GRANTING #99 Motion by National Indemnity Company for the Admission of Renita Sharma, Esquire Pro Hac Vice. Signed by District Judge Robert E. Payne on 06/07/2013. (walk, )
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Filing 102
Sealed Memorandum of Law in Support of re #96 MOTION to Sanction Defendant National Indemnity Company filed by Ford Motor Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 11, #7 Exhibit 14, #8 Exhibit 21, #9 Exhibit 26, #10 Exhibit 27, #11 Exhibit 28, #12 Exhibit 29, #13 Exhibit 30, #14 Exhibit 31, #15 Exhibit 32, #16 Exhibit 34)(kyou, )
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Filing 101
ORDER granting #93 Motion to Seal Ford's Memorandum of Law in Support ofIts Motion to Sanction Defendant National Indemnity Company and related exhibits. Signed by District Judge Robert E. Payne on 6/4/13. (kyou, )
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Filing 100
ORDER denying as moot #78 Motion to Seal Memorandum of Law in Support of Its Motion to Sanction; the Motion was Withdrawn. Signed by District Judge Robert E. Payne on 6/4/13. (kyou, )
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Filing 99
Motion to appear Pro Hac Vice by Renita Sharma and Certification of Local Counsel Michael Scott Levine Filing fee $ 75, receipt number 0422-3540719. by National Indemnity Company. (Levine, Michael)
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Filing 98
TRANSCRIPT of proceedings held on May 29, 2013, before Judge Robert E. Payne, Court Reporter Diane Daffron, Telephone number 804 916-2267. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/3/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 9/3/2013.(daffron, diane)
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Filing 97
Memorandum in Support re #96 MOTION for Sanctions filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit)(Oostdyk, Scott)
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Filing 96
MOTION for Sanctions by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 95
NOTICE by Ford Motor Company re #93 MOTION to Seal (Oostdyk, Scott)
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Filing 94
Memorandum in Support re #93 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 93
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 92
Withdrawal of Motion by Ford Motor Company (Oostdyk, Scott)
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Filing 91
ORDER denying #55 Motion for Protective Order; NICO shall produce the documents responsive to Requests for Production Nos. 5 and 6 and shall answer the queries posed in Interrogatory No. 9, which discovery requests are specifically mentioned in NICO's MOTION FOR PROTECTIVE ORDER, and to the extent that such documents are called for in Requests for Production Nos. 1, 2, 3, 4, 8, 10, 11, 13, and 15 of Ford's First Requests for Production and that such queries are posed in Interrogatory No. 1 of Ford's First Interrogatoriesand Interrogatory No. 6 of Ford's Second Interrogatories, those documents shall be produced and queries answered, all no later than June 14, 2013. However, NICO shall not be required to produce the 55 documents it submitted to the Court in camera for review of privilege claims. As to those documents, Ford shall file its motion to compel by June 7, 2013, NICO shall file its response by June 18, 2013, and Ford shall file its reply by June 21, 2013. Signed by District Judge Robert E. Payne on 5/31/13. (kyou, )
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Filing 90
ORDER that National Indemnity Company's oral motion to compel responses to Requests for Production Nos. 47, 50, 59, and 60 is granted and plaintiff Ford Motor Company's objection is overruled; Ford shall produce the documents no later than June 14, 2013, except for documents that are subject to a confidentiality agreement between Ford and the Zurich entities (Zurich Re U.K.) Limited, Zurich Insurance Company, Switzerland, Zurich Specialties London Limited, American Guarantee and Liability Company, and Steadfast Insurance Company, collectively defined as "Zurich"); As to those documents, Ford shall give notice to Zurich that it will produce the documents by June 21, 2013 unless Zurich has, by June 14, 2013, filed a motion for protective order; Counsel for Ford shall send a copy of this Order to Zurich. Signed by District Judge Robert E. Payne on 05/31/13. (kyou, )
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Filing 89
ORDER granting #72 Motion for Leave to File Sur-Reply; Ford shall file the sur-reply and related exhibits in their redacted versions and shall provide the Clerk with unredacted versions that shall be filed under seal. Signed by District Judge Robert E. Payne on 5/30/13. (kyou, )
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Filing 88
ORDER that the Clerk is directed to file under seal exhibit 1 to Plaintiff's #82 Ford Motor Company; and Ford is granted leave to withdraw its #82 Motion for Sanctions and file a revised motion for sanctions in its place should it be advised so to do, no later than May 31, 2013. Signed by District Judge Robert E. Payne on 5/30/13.(kyou, )
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EXHIBITS, 1 Binder submitted by Ford Motor Company and used at 5/29/13 Hearing on Defendant's Motion for a Protective Order placed in exhibit room. (sneal, )
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Filing 87
Minute Entry for proceedings held before District Judge Robert E. Payne: Parties by counsel. Arguments had on Deft's Motion for a Protective Order. See transcript and/or Order to be entered for rulings made from the bench for the reasons set forth on the record. Motion Hearing held on 5/29/2013 re #55 MOTION for Protective Order filed by National Indemnity Company. (Court Reporter Diane Daffron, OCR.)(sneal, )
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Filing 86
Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence in Civil or Commercial Matters. Signed by District Judge Robert E. Payne on 5/28/13. (kyou, )
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for proceedings held before District Judge Robert E. Payne:Telephone Conference held on 5/28/13 (sneal, ) Modified on 6/3/2013 (sneal, ).
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for proceedings held before District Judge Robert E. Payne:Telephone Conference held on 5/28/2013. (sneal, )
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Filing 85
Declaration of George P. Sibley, III to #84 Sealed Response to #72 MOTION for Leave to File Sur-Reply to Defendant National Indemnity Company's Motion for Protective Order. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(kyou, )
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Filing 84
Sealed Response to #72 MOTION for Leave to File Sur-Reply to Defendant National Indemnity Company's Motion for Protective Order. (kyou, )
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Filing 83
Sealed Exhibits to #72 MOTION for Leave to File Sur-Reply to Defendant National Indemnity Company's Motion for Protective Order. (Attachments: #1 Exhibit 1, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 8)(kyou, )
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Filing 82
Memorandum in Support re #81 MOTION for Sanctions filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit)(Oostdyk, Scott) Modified on 5/29/2013 to change exhibit 1 to sealed per chambers Order to follow (kyou, ).
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Filing 81
*WITHDRAWN* MOTION for Sanctions by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 80
NOTICE by Ford Motor Company re #78 MOTION to Seal (Oostdyk, Scott)
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Filing 79
Memorandum in Support re #78 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 78
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 77
ORDER granting #75 Motion for Leave to File Documents Under Seal; it is further ORDERED that the Clerk shall file Defendant, National Indemnity Company's Response in Opposition to Ford's Motion for Leave to File Sur-Reply under seal. Signed by District Judge Robert E. Payne on 5/28/13. (kyou, )
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Filing 76
ORDER granting #69 Motion to Seal Exhibits; the Clerk shall file exhibits 1,4,5,8 to Plaintiff Ford Motor Company's Motion for Leave to File Sur-Reply under seal. Signed by District Judge Robert E. Payne on 5/28/13. (kyou, )
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Filing 75
MOTION for Leave to File (under seal Defendants Opposition to Plaintiffs Motion for Leave to File a Sur-Reply) by National Indemnity Company. (Sibley, George)
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Notice of Correction re #75 MOTION for Leave to File (under seal Defendants Opposition to Plaintiffs Motion for Leave to File a Sur-Reply) In the future, proposed order need to be filed as attachments to the main document instead of contained in the main document. (kyou, )
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Filing 74
Memorandum in Support re #72 MOTION for Leave to File Sur-Reply to Defendant National Indemnity Company's Motion for Protective Order filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 73
NOTICE by Ford Motor Company re #72 MOTION for Leave to File Sur-Reply to Defendant National Indemnity Company's Motion for Protective Order Additional Exhibits 12-14 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Oostdyk, Scott)
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Filing 72
MOTION for Leave to File Sur-Reply to Defendant National Indemnity Company's Motion for Protective Order by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Proposed Order)(Oostdyk, Scott)
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Filing 71
NOTICE by Ford Motor Company re #69 MOTION to Seal (Oostdyk, Scott)
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Filing 70
Memorandum in Support re #69 MOTION to Seal filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 69
MOTION to Seal by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 68
Memorandum in Support re #67 MOTION to Issue Letter of Request filed by National Indemnity Company. (Sibley, George)
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Filing 67
MOTION to Issue Letter of Request by National Indemnity Company. (Attachments: #1 Exhibit 1 - Letter of Request)(Sibley, George)
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Filing 66
TRANSCRIPT of proceedings held on May 9, 2013, before Judge Robert E. Payne, Court Reporter Diane Daffron, Telephone number 804 916-2267. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/17/2013. Redacted Transcript Deadline set for 7/17/2013. Release of Transcript Restriction set for 8/15/2013.(daffron, diane)
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Filing 65
TRANSCRIPT of proceedings held on May 6, 2013, before Judge Robert E. Payne, Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/10/2013. Redacted Transcript Deadline set for 7/9/2013. Release of Transcript Restriction set for 8/7/2013.(peterson, peppy)
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Set/Reset Hearings: Motion Hearing set for 5/29/2013 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Filing 64
Sealed Exhibits to #61 Reply in Support of Motion for Protective Order. (Attachments: #1 Exhibit 1, #2 Exhibit 3)(kyou, )
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Filing 63
ORDER granting #60 Motion to File Exhibits Under Seal; it is further ORDERED that the Clerk shall file Exhibits 1 and 3 to #61 Reply in Support of Motion for Protective Order under seal. Signed by District Judge Robert E. Payne on 4/19/13. (kyou, )
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Filing 62
TRANSCRIPT of proceedings held on January 29, 2013, before Judge Robert E. Payne. Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 5/20/2013. Redacted Transcript Deadline set for 6/18/2013. Release of Transcript Restriction set for 7/17/2013.(peterson, peppy)
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Filing 61
Reply to Motion re #55 MOTION for Protective Order , Reply in Support of Motion for Protective Order filed by National Indemnity Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Sibley, George)
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Filing 60
MOTION to Seal Exhibits to Reply in Support of Motion for Protective Order by National Indemnity Company. (Attachments: #1 Exhibit Placeholders)(Sibley, George)
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Filing 59
Memorandum in Opposition re #55 MOTION for Protective Order filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Oostdyk, Scott)
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Filing 58
Sealed Exhibits to #56 Memorandum in Support of Motion for Protective Order. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 12, #4 Exhibit 13, #5 Exhibit 14)(kyou, )
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Filing 57
ORDER granting #54 Motion to Seal Exhibits; it is further ORDERED that the Clerk shall file exhibits 4,5,12,13 and 14 to Defendant National Indemnity Company's Motion for Protective Order under seal. Signed by District Judge Robert E. Payne on 4/8/13. (kyou, )
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Filing 56
Memorandum in Support re #55 MOTION for Protective Order filed by National Indemnity Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit)(Sibley, George) (Attachment 1 replaced on 4/8/2013) (kyou, ). Modified on 4/8/2013 to redact exhibit 1 per counsel (kyou, ).
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Filing 55
MOTION for Protective Order by National Indemnity Company. (Sibley, George)
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Filing 54
MOTION to Seal exhibits in support of National Indemnity's Motion for Protective Order by National Indemnity Company. (Attachments: #1 Exhibit)(Sibley, George)
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Filing 53
So Ordered re #52 Motion to appear Pro Hac Vice by Corey Worcester and Certification of Local Counsel Michael Scott Levine Filing fee $ 75, receipt number 0422-3458729. filed by National Indemnity Company. Signed by District Judge Robert E. Payne on 4/3/13. (kyou, )
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Filing 52
Motion to appear Pro Hac Vice by Corey Worcester and Certification of Local Counsel Michael Scott Levine Filing fee $ 75, receipt number 0422-3458729. by National Indemnity Company. (Levine, Michael)
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Filing 51
ORDER Respecting Various Discovery Disputes; having conferred with counsel on March 25, 2013, and having considered the provisions of the ORDER entered herein on January 30, 2013, counsel with suggestions from the Court resolved most of the disputes (see Order for details). Signed by District Judge Robert E. Payne on 3/27/2013. Copies to counsel.(cmcc, )
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Filing 50
TRANSCRIPT of proceedings held on March 25, 2013, before Judge Robert E. Payne. Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 4/26/2013. Redacted Transcript Deadline set for 5/28/2013. Release of Transcript Restriction set for 6/25/2013.(peterson, peppy)
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Minute Entry for proceedings held before Magistrate Judge David J. Novak:Settlement Conference held on 3/26/2013. (cgar)
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Filing 49
AGREED PROTECTIVE ORDER. Signed by District Judge Robert E. Payne on 3/26/13. (kyou, )
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Filing 48
So Ordered re #42 Motion to appear Pro Hac Vice by Jason Toji Calabro and Certification of Local Counsel Michael Scott Levine Filing fee $ 75, receipt number 0422-3447645. filed by National Indemnity Company. Signed by District Judge Robert E. Payne on 3/26/13. (kyou, )
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Filing 47
So Ordered re #41 Motion to appear Pro Hac Vice by Jane Marie Byrne and Certification of Local Counsel Michael Scott Levine Filing fee $ 75, receipt number 0422-3447633. filed by National Indemnity Company. Signed by District Judge Robert E. Payne on 3/26/13. (kyou, )
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Filing 46
So Ordered re #40 Motion to appear Pro Hac Vice by Brad Evan Rosen and Certification of Local Counsel Michael Scott Levine Filing fee $ 75, receipt number 0422-3447585. filed by National Indemnity Company. Signed by District Judge Robert E. Payne on 3/26/13. (kyou, )
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Filing 45
So Ordered re #43 Motion to appear Pro Hac Vice by Michael Carlinsky and Certification of Local Counsel Michael Scott Levine Filing fee $ 75, receipt number 0422-3447661. filed by National Indemnity Company. Signed by District Judge Robert E. Payne on 3/26/13. (kyou, )
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Filing 44
NOTICE of Appearance by George Peter Sibley, III on behalf of National Indemnity Company (Sibley, George)
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Filing 43
Motion to appear Pro Hac Vice by Michael Carlinsky and Certification of Local Counsel Michael Scott Levine Filing fee $ 75, receipt number 0422-3447661. by National Indemnity Company. (Levine, Michael)
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Filing 42
Motion to appear Pro Hac Vice by Jason Toji Calabro and Certification of Local Counsel Michael Scott Levine Filing fee $ 75, receipt number 0422-3447645. by National Indemnity Company. (Levine, Michael)
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Filing 41
Motion to appear Pro Hac Vice by Jane Marie Byrne and Certification of Local Counsel Michael Scott Levine Filing fee $ 75, receipt number 0422-3447633. by National Indemnity Company. (Levine, Michael)
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Filing 40
Motion to appear Pro Hac Vice by Brad Evan Rosen and Certification of Local Counsel Michael Scott Levine Filing fee $ 75, receipt number 0422-3447585. by National Indemnity Company. (Levine, Michael)
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Filing 39
ORDER denying #29 Motion for Reconsideration; it is further Ordered that the facts and legal contentions are adequately presented in the materials before the Court and oral argument would not aid the decisional process. Signed by District Judge Robert E. Payne on 3/12/13. (kyou, )
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Filing 38
Memorandum in Support re #29 MOTION for Reconsideration filed by National Indemnity Company. (Attachments: #1 Exhibit Exhibits A through D)(Levine, Michael)
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Filing 37
Memorandum in Opposition re #32 MOTION to Stay (see also Motion to Reconsider) filed by Ford Motor Company. (Attachments: #1 Exhibit)(Oostdyk, Scott)
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Filing 36
ORDER Regarding Procedures for Settlement Conference on March 26, 2013 at 9:30 a.m. Signed by Magistrate Judge David J. Novak on 2/22/13. (kyou, )
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Filing 35
TRANSCRIPT of proceedings held on February 7, 2013, before Judge Robert E. Payne. Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 3/21/2013. Redacted Transcript Deadline set for 4/22/2013. Release of Transcript Restriction set for 5/20/2013.(peterson, peppy)
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Settlement Conference set for 3/26/2013 at 09:30 AM in Chambers before Magistrate Judge David J. Novak. (cgar)
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Filing 34
ORDER that the settlement conference and proceedings required by paragraph 3 of the Scheduling Order are referred to United States Magistrate Judge David J. Novak, Counsel shall be responsible for contacting the Chambers of Magistrate Judge Novak within 5 days to schedule the conference. Signed by District Judge Robert E. Payne on 2/7/13. (kyou, )
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Filing 33
ORDER denying #30 Motion to Compel Discovery Responses for failure to adhere to the provision; Substantive matters raised therein were resolved on the record in the way contemplated by Section II.B of the Pretrial Schedule A at the Initial Pretrial Conference held on February 7, 2013. Signed by District Judge Robert E. Payne on 2/7/13. (kyou, )
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CASE REFERRED to Magistrate Judge Magistrate Judge David J. Novak. (kyou, )
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Filing 32
MOTION to Stay (see also Motion to Reconsider) by National Indemnity Company. (Attachments: #1 Exhibit, #2 Proposed Order)(Levine, Michael)
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Filing 31
JURY PRETRIAL ORDER setting a jury trial to be held beginning at 9:30 a.m. on 9/03/13; final pretrial conference to be held beginning at 10:00 a.m. on 8/05/13.. Signed by District Judge Robert E. Payne on 2/7/13. (sneal, )
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for proceedings held before District Judge Robert E. Payne:Initial Pretrial Conference held on 2/7/2013. (Court Reporter Peppy Peterson, OCR.)(sneal, )
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Notice of Correction re #29 MOTION for Reconsideration. The filing user has been notified and asked to refile the same documents as a Motion to Stay (kyou, )
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Filing 30
MOTION to Compel and Memorandum In Support by National Indemnity Company. (Attachments: #1 Supporting Memorandum, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Proposed Order)(Levine, Michael) Modified on 2/7/2013 by Clerk's Office (kyou, ).
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Filing 29
MOTION for Reconsideration by National Indemnity Company. (Attachments: #1 Exhibit Exhibits 1 and 2, #2 Proposed Order Proposed Orders)(Levine, Michael)
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Set/Reset Scheduling Order Deadlines: Initial Pretrial Conference set for 2/7/2013 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (sneal, )
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Filing 28
ORDER that #16 Order Setting Pretrial Conference shall be held at 10:00 a.m. February 7, 2013; In other respects, the Order Setting Pretrial Conference shall remain unaffected and shall continue in full force and effect. Signed by District Judge Robert E. Payne on 1/31/13. (kyou, )
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for proceedings held before District Judge Robert E. Payne:Telephone Conference held on 1/30/2013. (sneal, )
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Filing 27
ORDER re: #20 Motion to Compel (See Order for details). Signed by District Judge Robert E. Payne on 1/30/13. (kyou, )
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Filing 26
ORDER denying #11 Motion to Dismiss to the extent that it seeks dismissal of Counts I and II of the Complaint; denying #11 Motion to Stay to the extent that it seeks a stay of this action; It is further ORDERED that the facts and legal contentions are adequately presented in the materials before the Court and oral argument would not aid the decisional process. Signed by District Judge Robert E. Payne on 1/30/13. (kyou, )
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Filing 25
REPLY to Response to Motion re #20 MOTION to Compel filed by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Oostdyk, Scott)
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Filing 24
Memorandum in Opposition re #18 MOTION for Protective Order filed by National Indemnity Company. (Attachments: #1 Exhibit Exhibits A, B, C, D, E, F, G)(Levine, Michael)
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Filing 23
Opposition to #20 MOTION to Compel filed by National Indemnity Company. (Attachments: #1 Exhibit A, B, C, D, E)(Levine, Michael)
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Filing 22
Reply to #14 Reply to Motion,,,,, #11 MOTION to DismissMOTION to Stay, #13 Reply to Motion filed by National Indemnity Company. (Attachments: #1 Exhibit A, B)(Levine, Michael)
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Filing 21
Memorandum in Support re #20 MOTION to Compel filed by Ford Motor Company. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G, #8 Exhibit Ex. H, #9 Exhibit Ex. I, #10 Exhibit Ex. J, #11 Exhibit Ex. K, #12 Exhibit Ex. L)(Oostdyk, Scott)
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Filing 20
MOTION to Compel by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 19
Memorandum in Support re #18 MOTION for Protective Order filed by Ford Motor Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Oostdyk, Scott)
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Filing 18
MOTION for Protective Order by Ford Motor Company. (Attachments: #1 Proposed Order)(Oostdyk, Scott)
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Filing 17
SCHEDULING ORDER: Initial Pretrial Conference set for 2/20/2013 at 11:00 AM before District Judge Robert E. Payne.. Signed by District Judge Robert E. Payne on 1/22/13. (sneal, )
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Filing 16
ORDER entered by the Clerk at the direction of the Court setting an Initial Pretrial Conference to be held at 11:00 a.m. on 2/20/13.(sneal, )
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Filing 15
TRANSCRIPT of proceedings for dates of December 3, 2012, before Judge Robert E. Payne, Court Reporter Diane Daffron, Telephone number 804 916-2267. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 2/20/2013. Redacted Transcript Deadline set for 3/25/2013. Release of Transcript Restriction set for 4/22/2013.(daffron, diane)
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Filing 14
Reply to Motion re #11 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim Or in the Alternative to Stay filed by Ford Motor Company. (Attachments: #1 Exhibit Exhibit A-1: 11.19.10 Gerling Arbitration Demand, #2 Exhibit Exhibit A-2: 11.19.10 Gerling Arbitration Demand, #3 Exhibit Exhibit A-3: 11.19.10 Gerling Arbitration Demand, #4 Exhibit Exhibit A-4: 11.19.10 Gerling Arbitration Demand, #5 Exhibit Exhibit D Love Transcript section re NICO, #6 Exhibit Exhibit G 11.16.12 Letter to Oostdyk Re Resolute-NICO, #7 Exhibit Exhibit I Lewis Written Assurance, #8 Exhibit Exhibit H HDI-Gerling's Letter to Panel in Response to Ford's 01-11-13 Scheduling Letter, #9 Exhibit Exhibit E Buffetts 2006 Letter to Shareholders, #10 Exhibit Exhibit C 4.20.12 Confidentiality Agreement, #11 Exhibit Exhibit B-1: Ford Counterclaim and Response to Gerling Arbitration Demand, #12 Exhibit Exhibit B-2: Ford Counterclaim and Response to Gerling Arbitration Demand, #13 Exhibit Exhibit B-3: Ford Counterclaim and Response to Gerling Arbitration Demand, #14 Exhibit Exhibit B-4: Ford Counterclaim and Response to Gerling Arbitration Demand, #15 Exhibit Exhibit B-5: Ford Counterclaim and Response to Gerling Arbitration Demand, #16 Exhibit Exhibit B-6: Ford Counterclaim and Response to Gerling Arbitration Demand, #17 Exhibit Exhibit F 11.13.12 Letter from Oostdyk to Byrne and Worcester)(Oostdyk, Scott)
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Filing 13
Reply to Motion re #11 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim filed by Ford Motor Company. (Oostdyk, Scott)
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Filing 12
ANSWER to #1 Complaint, And Affirmative Defenses by National Indemnity Company.(Levine, Michael)
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Filing 11
MOTION to Dismiss, and Motion to Stay by National Indemnity Company. (Attachments: #1 Exhibit A, B, C, #2 Proposed Order, #3 Proposed Order, #4 Certificate of Service)(Levine, Michael)
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Filing 10
Financial Interest Disclosure Statement (Local Rule 7.1) by National Indemnity Company. (Levine, Michael)
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Filing 9
ORDER granting #7 Motion for Extension of Time to File Answer or Motion in Response to Plaintiff's Complaint; deft shall file its answer and any motions with respect to the Complaint no later than January 7, 2013; plaintiff shall serve interrogatories and requests on deft no later than 12/7/12; deft shall serve its discovery requests no later than 1/14/13; parties shall conduct conference pursuant to Rule 26(f) no later than 1/21/13; an initial pretrial conference will be held on 2/7/13 at 10:00 a.m. (SEE ORDER FOR DEADLINES AND DETAILS). Signed by District Judge Robert E. Payne on 12/7/12. (jtho, )
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Set/Reset Scheduling Order Deadlines: Initial Pretrial Conference set for 2/7/2013 at 10:00 AM before District Judge Robert E. Payne. (sneal, )
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Filing 8
RESPONSE to Motion re #7 MOTION for Extension of Time To File Answer or Motion In Reponse to Plaintiff's Complaint filed by Ford Motor Company. (Attachments: #1 Exhibit)(Oostdyk, Scott)
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Filing 7
MOTION for Extension of Time To File Answer or Motion In Reponse to Plaintiff's Complaint by National Indemnity Company. (Attachments: #1 Affidavit Michael S. Levine, #2 Exhibit A, B, C, D, E, F, #3 Proposed Order)(Levine, Michael)
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Filing 6
NOTICE by National Indemnity Company of Appearance of Walter J. Andrews (Levine, Michael)
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Filing 5
NOTICE of Appearance by Michael Scott Levine on behalf of National Indemnity Company (Levine, Michael)
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Filing 4
SUMMONS Returned Executed: National Indemnity Company served on 11/16/2012, answer due 12/7/2012 (lsal)
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Filing 3
Summons Issued as to National Indemnity Company (delivered to counsel in Clerk's Office). (cmcc, )
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Filing 2
Financial Interest Disclosure Statement (Local Rule 7.1) by Ford Motor Company. (cmcc, )
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Filing 1
COMPLAINT against National Indemnity Company; filing fee paid $ 350, receipt number 34683019101; filed by Ford Motor Company.(Paper Exhibits A through H placed in Clerk's Office; Exhibits on Disc available.) (Attachments: #1 Civil Cover Sheet, #2 Receipt)(cmcc, )
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