Atlantic Specialty Insurance Company v. Lexington Insurance Company et al
| Atlantic Specialty Insurance Company |
| BCS Insurance Company and Lexington Insurance Company |
| 2:2021cv00616 |
| May 6, 2021 |
| US District Court for the Western District of Washington |
| Barbara J Rothstein |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on November 16, 2022. A more recent docket listing may be available from PACER.
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Filing 138
JUDGMENT BY COURT. THE COURT HAS ORDERED THAT the parties' cross motions for summary judgment be granted in part, and that the remaining claims in the complaint be dismissed. (SB)
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Filing 137
STRICKEN per the instruction of chambers. JUDGMENT BY COURT. THE COURT HAS ORDERED THAT defendants' motion to dismiss be granted and plaintiffs' motion to amend be denied and that plaintiffs' action be dismissed with prejudice. (SB) Modified on 11/16/2022 (SB).
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Filing 136
ORDER re: #118 #120 Cross Motions for Summary Judgment. BCS has a duty to indemnify Premera, and therefore ASIC, for the $2,305,350 payment that ASIC made towards Premera's settlement of the state AG lawsuits. ASIC is not entitled to subrogation against BCS for the approximate $12 million payment ASIC made to Premera towards Premera's settlement of the MDL lawsuit. The remaining claims in ASIC's Complaint are hereby dismissed. ASIC's #121 Motion to Exclude is stricken. Signed by Judge Barbara J. Rothstein. (SB)
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Filing 135
ORDER re Parties' #134 Stipulated MOTION to Vacate Trial Date and Related Dates. The 12/8/2022 trial date and related dates set forth in the 1/6/2022 Order (Dkt. #89 ) are VACATED. To the extent that the pending motions for summary judgment do not resolve all remaining issues in this case, the Parties shall submit a further joint status report within 10 days of the Court's Order on the pending motions for summary judgment. Signed by Judge Barbara J. Rothstein. (SB)
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Filing 134
Stipulated MOTION TO VACATE TRIAL DATE AND RELATED DATES PENDING DECISION ON MOTIONS FOR SUMMARY JUDGMENT [LCR 10(g)], filed by Plaintiff Atlantic Specialty Insurance Company. Noting Date 9/20/2022, (Guite, Robert)
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Filing 133
REPLY, filed by Plaintiff Atlantic Specialty Insurance Company, TO RESPONSE to #121 MOTION to Exclude the Report and Testimony of Iliana Peters (Guite, Robert)
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Filing 132
REPLY, filed by Plaintiff Atlantic Specialty Insurance Company, TO RESPONSE to #120 MOTION for Summary Judgment (Attachments: #1 Exhibit Declaration of Robert J. Guite, #2 Exhibit F)(Guite, Robert)
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Filing 131
REPLY, filed by Defendant BCS Insurance Company, TO RESPONSE to #118 MOTION for Summary Judgment (Donohue, Alfred)
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Filing 130
RESPONSE, by Plaintiff Atlantic Specialty Insurance Company, to #118 MOTION for Summary Judgment . (Guite, Robert)
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Filing 129
PROPOSED ORDER (Unsigned) re #121 MOTION to Exclude the Report and Testimony of Iliana Peters (Donohue, Alfred)
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Filing 128
DECLARATION of Marc Pearlman filed by Defendant BCS Insurance Company re #120 MOTION for Summary Judgment (Attachments: #1 Exhibit A-D)(Donohue, Alfred)
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Filing 127
RESPONSE, by Defendant BCS Insurance Company, to #120 MOTION for Summary Judgment . (Attachments: #1 Proposed Order)(Donohue, Alfred)
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Filing 126
DECLARATION of Janine M. Loetscher filed by Defendant BCS Insurance Company re #121 MOTION to Exclude the Report and Testimony of Iliana Peters (Attachments: #1 Exhibit A)(Donohue, Alfred)
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Filing 125
RESPONSE, by Defendant BCS Insurance Company, to #121 MOTION to Exclude the Report and Testimony of Iliana Peters. (Donohue, Alfred)
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Filing 124
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Greta Ayn Matzen for Plaintiff Atlantic Specialty Insurance Company. (Guite, Robert)
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Filing 123
ERRATA re #121 MOTION to Exclude the Report and Testimony of Iliana Peters (to Replace Dkt. 121-1 with Dkt. 122) by Plaintiff Atlantic Specialty Insurance Company (Guite, Robert)
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Filing 122
DECLARATION of Robert J. Guite filed by Plaintiff Atlantic Specialty Insurance Company re #121 MOTION to Exclude the Report and Testimony of Iliana Peters (Guite, Robert)
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Filing 121
MOTION to Exclude the Report and Testimony of Iliana Peters, filed by Plaintiff Atlantic Specialty Insurance Company. (Attachments: #1 Exhibit Declaration of Robert J. Guite, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Guite, Robert)
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Filing 120
MOTION for Summary Judgment , filed by Plaintiff Atlantic Specialty Insurance Company. (Attachments: #1 Exhibit Affidavit of Cara Tharp, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit Declaration of Robert J. Guite, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Proposed Order)(Guite, Robert)
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Filing 119
DECLARATION of Marc Pearlman filed by Defendant BCS Insurance Company re #118 MOTION for Summary Judgment (Attachments: #1 Exhibit A-CC)(Donohue, Alfred)
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Filing 118
MOTION for Summary Judgment , filed by Defendant BCS Insurance Company. (Attachments: #1 Proposed Order)(Donohue, Alfred)
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Filing 117
ORDER denying Plaintiff's #110 Motion to Compel. Signed by Judge Barbara J. Rothstein.(MW)
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Filing 116
REPLY, filed by Plaintiff Atlantic Specialty Insurance Company, TO RESPONSE to #110 MOTION to Compel (Guite, Robert)
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Filing 115
AFFIDAVIT of Ann F. Frolik filed by Defendant BCS Insurance Company re #111 Response to #110 Motion to Compel (Attachments: #1 Exhibit A)(Donohue, Alfred)
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Filing 114
AFFIDAVIT of Charles P. Burke III filed by Defendant BCS Insurance Company re #111 Response to #110 Motion to Compel (Donohue, Alfred)
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Filing 113
DECLARATION of Marc Pearlman filed by Defendant BCS Insurance Company re #110 MOTION to Compel (Donohue, Alfred)
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Filing 112
DECLARATION of Janine M. Loetscher filed by Defendant BCS Insurance Company re #110 MOTION to Compel (Attachments: #1 Exhibit A-H)(Donohue, Alfred)
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Filing 111
RESPONSE, by Defendant BCS Insurance Company, to #110 MOTION to Compel . (Attachments: #1 Proposed Order)(Donohue, Alfred)
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Filing 110
MOTION to Compel , filed by Plaintiff Atlantic Specialty Insurance Company. (Attachments: #1 Exhibit Declaration of Emmitt l. DuBose, III, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Proposed Order)(Guite, Robert)
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Filing 109
MINUTE ORDER: Pursuant to a hearing held on this matter, the Court authorizes and directs Plaintiff Atlantic Specialty Ins. Co. to file a motion to compel. The briefing schedule and page limits on the motion shall follow the rules set out in the Court's Standing Order. By authorizing the filing of this motion, the Court is not ruling that Atlantic's motion is timely; Defendant BCS Ins. Co.'s position that it is not will be considered along with the substance of the motion. Authorized by Judge Barbara J. Rothstein. (LH)
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Filing 108
MINUTE ENTRY for proceedings held before Judge Barbara J. Rothstein- Dep Clerk: Grant Cogswell; Pla Counsel: Emmitt DuBose, Robert Guite; Def Counsel: Janine Loetscher, Jeffrey Mulder, Mark Pearlman; CR: Debbie Zurn; Time of Hearing: 10:00AM; Telephone Conference held on 4/26/2022. The Court holds a telephonic conference to speak with the parties. After hearing from each side, the Court takes this matter under advisement. Defendant BCS Insurance Company's deadline to provide the Court with their privilege log is by the close of business on April 27, 2022. Modified on 4/26/2022 (GC).
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NOTICE of Docket Text Modification re 108 Telephone Conference: Minute Entry language fixed to show privilege log to be provided to the Court, not the Plaintiff. (GC)
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Set/Reset Hearings: Telephone Conference set for 4/26/2022 at 10:00 AM before Judge Barbara J. Rothstein. (GC)
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Filing 107
NOTICE of Voluntary Dismissal as to party(s) Lexington Insurance Company, filed by Plaintiff Atlantic Specialty Insurance Company. (Guite, Robert)
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Filing 106
ORDER re #104 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Janine M Loetscher for Defendant BCS Insurance Company by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
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Filing 105
ORDER re #103 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jeffrey R Mulder for Defendant BCS Insurance Company by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
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Filing 104
APPLICATION OF ATTORNEY Janine M. Loetscher FOR LEAVE TO APPEAR PRO HAC VICE for Defendant BCS Insurance Company (Fee Paid) Receipt No. AWAWDC-7455365 (Donohue, Alfred)
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Filing 103
APPLICATION OF ATTORNEY Jeffrey R. Mulder FOR LEAVE TO APPEAR PRO HAC VICE for Defendant BCS Insurance Company (Fee Paid) Receipt No. AWAWDC-7455348 (Donohue, Alfred)
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Filing 102
ORDER re #101 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Emmitt DuBose, III for Plaintiff Atlantic Specialty Insurance Company by Clerk Ravi Subramanian. Local counsel does not maintain a physical office within the Western District of Washington but this requirement was waived by Judge Barbara J. Rothstein on 2/8/22 (see #99 Order). No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
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Filing 101
APPLICATION OF ATTORNEY Emmitt L. Dubose, III FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Atlantic Specialty Insurance Company (Fee Paid) Receipt No. AWAWDC-7431367 (Guite, Robert)
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Filing 100
NOTICE of Appearance by attorney Sarah L Eversole on behalf of Defendant BCS Insurance Company. (Eversole, Sarah)
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Filing 99
ORDER granting Plaintiff's #90 Motion for Relief from Physical Office Requirement. Signed by Judge Barbara J. Rothstein.(MW)
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Filing 98
ORDER granting in part Plaintiff's #76 Motion for Judgment on the Pleadings, denying Defendant BCS Insurance Company's Counter Motion for Judgment on the Pleadings. Signed by Judge Barbara J. Rothstein.(MW)
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Filing 97
AMENDMENT to #87 Reply to Response to Motion by Defendant BCS Insurance Company (Donohue, Alfred)
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Filing 96
AMENDMENT to #81 Response to Motion by Defendant BCS Insurance Company (Donohue, Alfred)
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Filing 95
AMENDMENT to #85 Brief - Responsive by Plaintiff Atlantic Specialty Insurance Company (Guite, Robert)
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Filing 94
AMENDMENT to #84 Reply to Response to Motion by Plaintiff Atlantic Specialty Insurance Company (Guite, Robert)
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Filing 93
AMENDMENT to #76 MOTION for Judgment on the Pleadings by Plaintiff Atlantic Specialty Insurance Company (Guite, Robert)
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Filing 92
RESPONSE (corrected), by Defendant Lexington Insurance Company, to #76 MOTION for Judgment on the Pleadings . (Baker, Gabriel) Modified on 1/20/2022 (MW).
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Filing 91
MINUTE ORDER: Local Rule 10(e)(6) "Citation to the Record" provides, in relevant part, "Citations to documents already in the record, including declarations, exhibits, and any documents previously filed, must include a citation to the docket number and the page number (e.g., Dkt. # __ at p. __)" (emphasis added). In derogation of this rule, the parties have submitted briefs in support of and opposition to the "Motion for Partial Judgment on the Pleadings" (Dkt. No. #76 ) and the "Counter Motion for Judgment on the Pleadings" (Dkt. No. #81 ) that repeatedly cite to entire exhibits, without page numbers. The Court declines to devote its limited resources to searching for and identifying specific cited material, even assuming it is able to accurately do so, and pursuant to the rule hereby orders the parties to refile the briefs filed at Dkt. Nos. #76 , #81 , #83 , #84 , #85 , and #87 without alteration, except as to the following: all citations to exhibits in the record shall include the page number(s) on which the cited material can be found (in the form "p. ___ of 458"), except in the limited instance in which a party intends to cite an entire document. The corrected briefs shall be filed no later than 1/24/2022. Authorized by Judge Barbara J. Rothstein. (MW)
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Filing 90
MOTION for Relief from Physical Office Requirement LCR 83.1(d), filed by Plaintiff Atlantic Specialty Insurance Company. (Attachments: #1 Exhibit Declaration of Robert J. Guite, #2 Exhibit A, #3 Proposed Order)(Guite, Robert)
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Filing 89
ORDER granting in part Plaintiff's #88 Motion to Adjust Deadlines. Bench Trial is set for 12/8/2022 before Judge Barbara J. Rothstein. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/27/2022, Discovery to be completed by 3/21/2022, Dispositive motions due by 8/8/2022, Motions in Limine due by 11/3/2022, Joint Pretrial Statement due by 11/10/2022, Pretrial Conference set for 11/21/2022 before Judge Barbara J. Rothstein. Signed by Judge Barbara J. Rothstein.(MW)
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Filing 88
MOTION to Amend Order Setting Trial Date & Related Dates [Dkt. 65], filed by Plaintiff Atlantic Specialty Insurance Company. (Attachments: #1 Exhibit Declaration of Robert J. Guite, #2 Exhibit A, #3 Proposed Order)(Guite, Robert)
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Filing 87
REPLY, filed by Defendant BCS Insurance Company, TO RESPONSE to #76 MOTION for Judgment on the Pleadings (Donohue, Alfred)
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Filing 86
NOTICE of Change of Address/Change of Name of Attorney Alfred E Donohue. Filed by Defendant BCS Insurance Company. (Donohue, Alfred)
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Filing 85
RESPONSIVE BRIEF IN OPOSITION TO BCSI's CROSS MOTION FOR JUDGMENT ON THE PLEADINGS re #81 Response to #76 Motion by Plaintiff Atlantic Specialty Insurance Company. (Guite, Robert)
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Filing 84
REPLY, filed by Plaintiff Atlantic Specialty Insurance Company, TO RESPONSE to #76 MOTION for Judgment on the Pleadings (Guite, Robert)
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Filing 83
RESPONSE, by Defendant Lexington Insurance Company, to #76 MOTION for Judgment on the Pleadings . (Baker, Gabriel)
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Filing 82
DECLARATION of Marc J. Pearlman filed by Defendant BCS Insurance Company re #76 MOTION for Judgment on the Pleadings (Donohue, Alfred)
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Filing 81
RESPONSE, by Defendant BCS Insurance Company, to #76 MOTION for Judgment on the Pleadings . (Attachments: #1 Proposed Order)(Donohue, Alfred)
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Filing 80
ORDER re #77 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Marc Pearlman for Defendant BCS Insurance Company, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 79
ORDER re #78 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Timothy W Kelly for Defendant BCS Insurance Company, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 78
APPLICATION OF ATTORNEY Timothy Kelly FOR LEAVE TO APPEAR PRO HAC VICE for Defendant BCS Insurance Company (Fee Paid) Receipt No. AWAWDC-7337641 (Donohue, Alfred)
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Filing 77
APPLICATION OF ATTORNEY Marc Pearlman FOR LEAVE TO APPEAR PRO HAC VICE for Defendant BCS Insurance Company (Fee Paid) Receipt No. AWAWDC-7337617 (Donohue, Alfred)
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Filing 76
MOTION for Judgment on the Pleadings , filed by Plaintiff Atlantic Specialty Insurance Company. (Attachments: #1 Proposed Order)(Guite, Robert)
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Filing 75
RESPONSE by Plaintiff Atlantic Specialty Insurance Company re #74 Notice of Related Case (Attachments: #1 Exhibit Declaration of Robert J. Guite, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Guite, Robert)
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Filing 74
NOTICE of Related Case(s) 2:15-cv-01927-TSZ, by Defendant BCS Insurance Company. (Donohue, Alfred)
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Filing 73
ORDER re #70 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Justine Casey for Plaintiff Atlantic Specialty Insurance Company, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 72
ORDER re #69 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Sara Lindsey Menton for Plaintiff Atlantic Specialty Insurance Company, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 71
ORDER re #68 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Greta Ayn Matzen for Plaintiff Atlantic Specialty Insurance Company, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 70
APPLICATION OF ATTORNEY Justine M. Casey FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Atlantic Specialty Insurance Company (Fee Paid) Receipt No. AWAWDC-7173475 (Guite, Robert) Waive of physical office requirement #64 7/21/2021 (DS).
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Filing 69
APPLICATION OF ATTORNEY Sara L. Menton FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Atlantic Specialty Insurance Company (Fee Paid) Receipt No. AWAWDC-7173457 (Guite, Robert) Waive of physical office requirement #64 7/21/2021 (DS).
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Filing 68
APPLICATION OF ATTORNEY Greta A. Matzen FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Atlantic Specialty Insurance Company (Fee Paid) Receipt No. AWAWDC-7173434 (Guite, Robert) Waive of physical office requirement #64 7/21/2021 (DS).
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Filing 67
APPLICATION OF ATTORNEY Justine Casey FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Atlantic Specialty Insurance Company (Fee Paid) Receipt No. AWAWDC-7173310 (Guite, Robert) Counsel does not maintain office in geographical boundaries, voiding Application on 7/20/21 (DS).
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Filing 66
APPLICATION OF ATTORNEY Robert J. Guite FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Atlantic Specialty Insurance Company (Fee Paid) Receipt No. AWAWDC-7173298 (Guite, Robert) Counsel does not maintain office in geographical boundaries, voiding Application on 7/20/2021 (DS).
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Filing 65
ORDER SETTING TRIAL DATE AND RELATED DATES; Bench Trial is set for 10/24/2022 at 09:00 AM before Judge Barbara J. Rothstein. Joinder of Parties due by 8/16/2021, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/13/2022, Discovery completed by 2/4/2022, Dispositive motions due by 6/24/2022, Motions in Limine due by 9/19/2022, Joint Pretrial Statement due by 9/26/2022, Pretrial Conference set for 10/11/2022 at 10:30 AM before Judge Barbara J. Rothstein. Signed by Judge Barbara J. Rothstein. (GC)
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Filing 64
ORDER granting Plaintiff's #63 Motion for Relief from Physical Office Requirement LCR 83.1(d). Signed by Judge Barbara J. Rothstein. (LH)
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Filing 63
Amended MOTION for Relief from Physical Office Requirement LCR 83.1(d) , filed by Plaintiff Atlantic Specialty Insurance Company. (Attachments: #1 Exhibit Declaration of Robert J. Guite, #2 Proposed Order)(Guite, Robert)
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Filing 62
MINUTE ORDER: The Motion to Waive Physical Office Requirement, Dkt. No. #61 , is hereby stricken for failure to comply with the "Certification of Conferral" requirement of Sec. II.C. of the Standing Order, Dkt. No. #57 . In addition, the Court notes that the Motion to Waive was not in compliance with the Western District of Washington Electronic Filing Procedures, Rule III.M., which provides that "a proposed order shall also be attached as a Word or WordPerfect compatible file to an internet email sent to the email address of the assigned judge." Authorized by Judge Barbara J. Rothstein.(MW)
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Filing 61
MOTION for Relief from Physical Office Requirement LCR 83.1(d), filed by Plaintiff Atlantic Specialty Insurance Company. (Attachments: #1 Exhibit Declaration of Robert J. Guite, #2 Proposed Order)(Guite, Robert)
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Filing 60
NOTICE of Appearance by attorney Alfred E Donohue on behalf of Defendant BCS Insurance Company. (Donohue, Alfred)
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Attorney Steven Douglas Jensen added for Lexington Insurance Company; per #59 Notice of Appearance. (SR)
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Filing 59
NOTICE of Appearance by attorney Gabriel Baker on behalf of Defendant Lexington Insurance Company. (Baker, Gabriel)
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Filing 58
NOTICE of Appearance by attorney Robert J Guite on behalf of Plaintiff Atlantic Specialty Insurance Company. (Guite, Robert)
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Filing 57
STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Barbara J. Rothstein. (GC)
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Clerk received a call from attorney Gollinger stating he will not be appearing in this case at this time. (MW)
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Clerk received calls from attorneys Reisbord and Dubose stating they will not be appearing in this case at this time. (MW)
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Per phone call from the law office of Larson King, LLP, attorneys John M Bjorkman and Pat O'Neill, III will not be filing pro hac vice applications in this case. (LH) (cc: Attorneys Bjorkman and O'Neill via ECF ad hoc)
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Filing 56
LETTER from Clerk to counsel re receipt of case from District of Minnesota and advising of WAWD case number and judge assignment. (CDA)
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Filing 55
Case transferred in from District of Minnesota, Case Number 0:20-cv-02283.
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Judge Barbara J. Rothstein added. (CDA)
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Filing 54
MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Defendant BCS Insurance Company's Motion to Transfer Venue #34 is GRANTED. 2. This case is transferred to the United States District Court for the Western District of Washington. (Written Opinion) Signed by Judge Michael J. Davis on 4/30/2021. (GRR) [Transferred from mnd on 5/7/2021.]
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Filing 53
NOTICE of Appearance by Pat O'Neill, III on behalf of Atlantic Specialty Insurance Company. (O'Neill, Pat) [Transferred from mnd on 5/7/2021.]
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Filing 52
NOTICE of Appearance by John M Bjorkman on behalf of Atlantic Specialty Insurance Company. (Bjorkman, John) [Transferred from mnd on 5/7/2021.]
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Filing 51
Second Declaration of Janine M. Loetscher in Support of #34 MOTION to Transfer/Change Venue filed by BCS Insurance Company. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Loetscher, Janine) [Transferred from mnd on 5/7/2021.]
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Filing 50
REPLY re #34 MOTION to Transfer/Change Venue filed by BCS Insurance Company. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Loetscher, Janine) [Transferred from mnd on 5/7/2021.]
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Filing 49
Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: IDR Conference held on 3/29/2021. (ERE) [Transferred from mnd on 5/7/2021.]
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Filing 48
TEXT ONLY ENTRY: ORDER granting #47 Motion for Admission Pro Hac Vice of Attorney Sara Lindsey Menton for Atlantic Specialty Insurance Company. Approved by Magistrate Judge Hildy Bowbeer on 3/26/2021. (NAH) [Transferred from mnd on 5/7/2021.]
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Filing 47
MOTION for Admission Pro Hac Vice for Attorney Sara L. Menton. Filing fee $ 100, receipt number AMNDC-8634881 filed by Atlantic Specialty Insurance Company. (Gollinger, Matthew) [Transferred from mnd on 5/7/2021.]
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Filing 46
LETTER TO MAGISTRATE JUDGE by BCS Insurance Company, Lexington Insurance Company Joint Letter re IDR and ESI Protocol. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C)(Loetscher, Janine) [Transferred from mnd on 5/7/2021.]
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Filing 45
LETTER TO MAGISTRATE JUDGE by Atlantic Specialty Insurance Company re IDR and ESI Protocol. (Attachments: #1 Exhibit(s))(Matzen, Greta) [Transferred from mnd on 5/7/2021.]
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Filing 44
PROPOSED ORDER TO JUDGE re #34 MOTION to Transfer/Change Venue filed by Atlantic Specialty Insurance Company.(Matzen, Greta) [Transferred from mnd on 5/7/2021.]
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Filing 43
DECLARATION of Greta A. Matzen in Opposition to #34 MOTION to Transfer/Change Venue filed by Atlantic Specialty Insurance Company. (Attachments: #1 Exhibit(s) Exhibits A through E)(Matzen, Greta) [Transferred from mnd on 5/7/2021.]
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Filing 42
MEMORANDUM in Opposition re #34 MOTION to Transfer/Change Venue filed by Atlantic Specialty Insurance Company. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate LR7.1 Certificate of Compliance)(Matzen, Greta) [Transferred from mnd on 5/7/2021.]
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Filing 41
RESPONSE in Support re #34 MOTION to Transfer/Change Venue filed by Lexington Insurance Company. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Lorentz, Brent) [Transferred from mnd on 5/7/2021.]
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Filing 40
(Text-Only) NOTICE OF HEARING ON MOTION #34 MOTION to Transfer/Change Venue : The Court will rule on the paper submissions. No oral argument will be scheduled. (GRR) [Transferred from mnd on 5/7/2021.]
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Filing 39
PROPOSED ORDER TO JUDGE re #34 MOTION to Transfer/Change Venue filed by BCS Insurance Company.(Loetscher, Janine) [Transferred from mnd on 5/7/2021.]
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Filing 38
MEET and CONFER STATEMENT re #34 Motion to Transfer/Change Venue filed by BCS Insurance Company.(Reisbord, Andrea) [Transferred from mnd on 5/7/2021.]
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Filing 37
Declaration of Janine Loetscher in Support of #34 MOTION to Transfer/Change Venue filed by BCS Insurance Company. (Attachments: #1 Exhibit(s) A-G)(Loetscher, Janine) [Transferred from mnd on 5/7/2021.]
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Filing 36
MEMORANDUM in Support re #34 MOTION to Transfer/Change Venue filed by BCS Insurance Company. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Loetscher, Janine) [Transferred from mnd on 5/7/2021.]
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Filing 35
NOTICE OF HEARING ON MOTION #34 MOTION to Transfer/Change Venue : Date and time to be determined. (Loetscher, Janine) [Transferred from mnd on 5/7/2021.]
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Filing 34
MOTION to Transfer/Change Venue filed by BCS Insurance Company. (Loetscher, Janine) [Transferred from mnd on 5/7/2021.]
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Filing 33
PROTECTIVE ORDER. Signed by Magistrate Judge Hildy Bowbeer on 2/19/2021.(LNP) [Transferred from mnd on 5/7/2021.]
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Filing 32
PROPOSED ORDER TO JUDGE re #31 Stipulation. (Reisbord, Andrea) [Transferred from mnd on 5/7/2021.]
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Filing 31
STIPULATION for Protective Order by BCS Insurance Company. Jointly Signed by Plaintiff Atlantic Specialty Insurance Company and Defendant Lexington Insurance Company. (Reisbord, Andrea) [Transferred from mnd on 5/7/2021.]
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Filing 30
PRETRIAL SCHEDULING ORDER: Status Conference set for 5/17/2021 at 08:30 AM by Conference Bridge (no courtroom) before Magistrate Judge Hildy Bowbeer. Amended Pleadings due by 6/1/2021. Fact Discovery due by 2/4/2022. Expert Discovery due by 5/13/2022. Motions (non-disp) due 2/18/2022. Motions (disp) due by 6/24/2022. Ready for trial due by 10/24/2022. Signed by Magistrate Judge Hildy Bowbeer on 2/10/2021.(LNP) [Transferred from mnd on 5/7/2021.]
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Filing 29
Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Pretrial Scheduling Conference held on 2/8/2021 by Conference Bridge. Discussion of pretrial deadlines and early settlement. Pretrial Scheduling Order to be issued. (LNP)[Transferred from mnd on 5/7/2021.]
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Filing 28
REPORT of Rule 26(f) Planning Meeting. Filed by Atlantic Specialty Insurance Company. Jointly Signed by Lexington Insurance Company and BCS Insurance Company.(DuBose, Emmitt) [Transferred from mnd on 5/7/2021.]
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Filing 27
TEXT ONLY ORDER: The Court has reviewed the parties' letters ECF Nos. #25 and #26 concerning the pretrial conference. After reviewing the parties' position, the Court has concluded the pretrial conference should go forward on February 8, 2021, as scheduled. Ordered by Magistrate Judge Hildy Bowbeer on 1/25/2021.(LNP) [Transferred from mnd on 5/7/2021.]
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Filing 26
LETTER TO MAGISTRATE JUDGE by Atlantic Specialty Insurance Company in response to defs' request to reschedule. (Matzen, Greta) [Transferred from mnd on 5/7/2021.]
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Filing 25
LETTER TO MAGISTRATE JUDGE by BCS Insurance Company . (Reisbord, Andrea) [Transferred from mnd on 5/7/2021.]
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Filing 24
TEXT ONLY ENTRY: ORDER granting #22 Motion for Admission Pro Hac Vice of Attorney Emmitt DuBose, III for Atlantic Specialty Insurance Company. Approved by Magistrate Judge Hildy Bowbeer on 1/14/2021. (NAH) [Transferred from mnd on 5/7/2021.]
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Filing 23
ORDER SETTING PRETRIAL SCHEDULING CONFERENCE: Rule 26 Meeting Report due by 2/1/2021. Pretrial Conference set for 2/8/2021 at 10:15 AM by Conference Bridge(no courtroom) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 1/8/2021.(JMK) [Transferred from mnd on 5/7/2021.]
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Filing 22
MOTION for Admission Pro Hac Vice for Attorney Emmitt L. DuBose III. Filing fee $ 100, receipt number AMNDC-8378525 filed by Atlantic Specialty Insurance Company. (Gollinger, Matthew) [Transferred from mnd on 5/7/2021.]
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Filing 21
RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Defendant Lexington Insurance Company. (Lorentz, Brent) [Transferred from mnd on 5/7/2021.]
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Filing 20
ANSWER to Complaint filed by BCS Insurance Company. (Reisbord, Andrea) [Transferred from mnd on 5/7/2021.]
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Filing 19
ANSWER to Complaint filed by Lexington Insurance Company. (Lorentz, Brent) [Transferred from mnd on 5/7/2021.]
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Filing 18
RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Defendant BCS Insurance Company. (Reisbord, Andrea) [Transferred from mnd on 5/7/2021.]
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Filing 17
DOCUMENT FILED IN ERROR: REFILED ANSWER to Complaint filed by BCS Insurance Company. (Reisbord, Andrea) Modified text on 12/30/2020 (kt). [Transferred from mnd on 5/7/2021.]
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Filing 16
NOTICE of Appearance by David P Pearson on behalf of Lexington Insurance Company. (Pearson, David) [Transferred from mnd on 5/7/2021.]
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Filing 15
NOTICE of Appearance by Brent A Lorentz on behalf of Lexington Insurance Company. (Lorentz, Brent) [Transferred from mnd on 5/7/2021.]
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Filing 14
ORDER on #12 Stipulation. Signed by Magistrate Judge Hildy Bowbeer on 11/24/2020. (ALM) [Transferred from mnd on 5/7/2021.]
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Filing 13
PROPOSED ORDER TO JUDGE re #12 Stipulation. (Reisbord, Andrea) [Transferred from mnd on 5/7/2021.]
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Filing 12
STIPULATION by BCS Insurance Company. Jointly Signed by Defendant Lexington Insurance Company and Plaintiff Atlantic Specialty Insurance Company. (Reisbord, Andrea) [Transferred from mnd on 5/7/2021.]
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Filing 11
NOTICE of Appearance by Janine M Loetscher on behalf of BCS Insurance Company. (Loetscher, Janine) [Transferred from mnd on 5/7/2021.]
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Filing 10
NOTICE of Appearance by Andrea E Reisbord on behalf of BCS Insurance Company. (Reisbord, Andrea) [Transferred from mnd on 5/7/2021.]
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Filing 9
AFFIDAVIT of Service by Atlantic Specialty Insurance Company re #4 Rule 7.1 - Disclosure Statement, #1 Complaint, #3 Summons Issued upon BCS Insurance Company (Matzen, Greta) [Transferred from mnd on 5/7/2021.]
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Filing 8
ACKNOWLEDGEMENT OF SERVICE Executed as to #5 MOTION for Admission Pro Hac Vice for Attorney Greta Matzen. Filing fee $ 100, receipt number AMNDC-8201356, #4 Rule 7.1 - Disclosure Statement, #1 Complaint, #3 Summons Issued upon Defendant Lexington Insurance Company Acknowledgement filed by Atlantic Specialty Insurance Company. (Matzen, Greta) [Transferred from mnd on 5/7/2021.]
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Filing 7
(Text-Only) NOTICE - Magistrate Judge Hildy Bowbeer's Practice Pointers, which have been recently revised, are available on the United States District Court for the District of Minnesota's #website. All parties are expected to be familiar with and adhere to these Practice Pointers, including any variances from Local Rules. (JMK) [Transferred from mnd on 5/7/2021.]
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Filing 6
TEXT ONLY ENTRY: ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Greta Ayn Matzen for Atlantic Specialty Insurance Company. Approved by Magistrate Judge Hildy Bowbeer on 11/10/2020. (NAH) [Transferred from mnd on 5/7/2021.]
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Filing 5
MOTION for Admission Pro Hac Vice for Attorney Greta Matzen. Filing fee $ 100, receipt number AMNDC-8201356 filed by Atlantic Specialty Insurance Company. (Gollinger, Matthew) [Transferred from mnd on 5/7/2021.]
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Filing 4
RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Plaintiff Atlantic Specialty Insurance Company. (Gollinger, Matthew) [Transferred from mnd on 5/7/2021.]
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Filing 3
Summons Issued as to BCS Insurance Company, Lexington Insurance Company. (CLK) [Transferred from mnd on 5/7/2021.]
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Filing 2
TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Michael J. Davis per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Hildy Bowbeer. Please use case number 20-cv-2283 MJD/HB. (CLK) [Transferred from mnd on 5/7/2021.]
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Filing 1
COMPLAINT for Declaratory Judgment and Equitable and Contractual Subrogation against All Defendants (filing fee $ 400, receipt number AMNDC-8199512) filed by Atlantic Specialty Insurance Company. Filer requests summons issued. (Attachments: #1 Exhibit(s) A - H (bates 00001-00458), #2 Civil Cover Sheet) (Gollinger, Matthew) [Transferred from mnd on 5/7/2021.]
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