Case Details

CourtSouthern District of Ohio
Docket number1:14-cv-00802
Date case filed2014-10-10
Date case closed
Date of latest filing2017-01-13
Assigned toJudge Timothy S. Black
Case cause28:1332 Diversity-Insurance Contract
Nature of suit110 Insurance
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

None listed

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
37 NOTICE by Defendant Fifth Third Bancorp OF FACT WITNESS DISCLOSURE (Byrne, Mark) (Entered: 11/02/2015)
38 NOTICE by Plaintiff RLI Insurance Company DISCLOSURE OF FACT WITNESSES (Schmookler, Scott) (Entered: 11/02/2015)
39 NOTICE: Telephonic Informal Discovery Conference set for 11/19/2015 09:30 AM before Magistrate Judge Stephanie K. Bowman. Counsel shall call 1-888-363-4749; access code: 8651321; security code: 2010. (km) (Entered: 11/17/2015)
41 NOTICE: Telephonic Informal Discovery Conference set for 12/8/2015 02:30 PM before Magistrate Judge Stephanie K. Bowman. Parties to call 1-888-363-4749; access code: 8651321; security code: 2010. Counsel may submit to the Court a brief summary of the discovery issue (no more than 2 pages) and email it to [email protected] and copy opposing counsel no later than 5:00 p.m. the day prior to the conference. (km) (Entered: 12/07/2015)
47 NOTICE: Telephone Discovery Conference set for 4/5/2016 09:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. Counsel may submit to the Court a brief summary of the discovery issue (no more than 2 pages) and email it to [email protected] and copy opposing counsel no later than 4:00 p.m. on 4/4/2016. (km) (Entered: 04/04/2016)
48 MOTION for Extension of Time to File Response/Reply as to 44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim" New date requested 4/12/2016. by Defendant Fifth Third Bancorp. Responses due by 5/5/2016 (Byrne, Mark) (Entered: 04/11/2016)
49 RESPONSE in Opposition re 44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim" filed by Defendant Fifth Third Bancorp. (Attachments: # 1 Exhibit A Declaration of Mark J. Byrne, # 2 Exhibit 1 to Declaration, # 3 Exhibit 2 to Declaration, # 4 Exhibit 3 to Declaration, # 5 Exhibit 4 to Declaration, # 6 Exhibit 5 to Declaration) (Byrne, Mark) (Entered: 04/12/2016)
49.1 Exhibit A Declaration of Mark J. Byrne
49.2 Exhibit 1 to Declaration
49.3 Exhibit 2 to Declaration
49.4 Exhibit 3 to Declaration
49.5 Exhibit 4 to Declaration
49.6 Exhibit 5 to Declaration
51 Unopposed MOTION for Extension of Time to File Response/Reply as to 44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim" New date requested 5/17/2016. by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) (Entered: 04/22/2016)
52 MOTION for Extension of Time New date requested 7/11/2016. Agreed Motion to Extend Deadlines to Disclose Experts by All Parties in Actions Nos. 14-802 and 14-869, with New Dates 7/11/2016 and 10/27/2016 Requested by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) (Entered: 04/22/2016)
53 NOTICE by Plaintiff RLI Insurance Company of Issuance and Service of Subpoena to Clayton Bruce (Attachments: # 1 issued Subpoena with proof of Service) (Suh, Ji-Yeon) (Entered: 05/04/2016)
53.1 issued Subpoena with proof of Service
54 NOTICE by Plaintiff RLI Insurance Company of Issuance and Service of Subpoena to Robert Finley (Attachments: # 1 Issued Subpoena with Proof of Service) (Suh, Ji-Yeon) (Entered: 05/04/2016)
54.1 Issued Subpoena with Proof of Service
59 Third MOTION for Extension of Time to File Response/Reply as to 44 MOTION for Joinder in Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate Plaintiffs' "Bad Faith Claim" New date requested 6/21/2016. by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) (Entered: 05/27/2016)
62 MEMORANDUM ORDER - IT IS ORDERED: (1) Defendants' Sealed motion for Protective Order or to Stay Discovery and Bifurcate Plaintiffs "Bad Faith Cliam" in Case No. 1:14-cv-869 (doc. 53, joined by the Second Excess Insurance Carriers in doc. 58) is GRANTED IN PART insofar as discovery that relates to Plaintiff's bad faith allegations is STAYED until 10/3/2016, the current dispositive motion deadline; (2) Plaintiff RLI's motion in Case No. 1:14-cv-802 to join Certain Underwriters' Motion for Protective Order and in the Alternative to Stay and Bifurcate 44 is GRANTED IN PART consistent with the above paragraph; (3) In all other respects, the Insurers' motions (docs. 53 and 58 in Case No. 1:14-cv-869, and 44 in Case No. 1:14-cv-802) are DENIED. However, the denial is without prejudice to the Insurers to renew their motion for bifurcated trials, if necessary, after initial dispositive motions are resolved. Signed by Magistrate Judge Stephanie K. Bowman on 7/27/2016. (km) (Entered: 07/27/2016)
64 Objection re 62 Order on Motion for Joinder,,,, Fifth Third Bank's Objections to the Magistrate Judge's Memorandum Order of July 27, 2016 by Defendant Fifth Third Bancorp. (Byrne, Mark) (Entered: 08/17/2016)
65 Second MOTION for Extension of Time New date requested 9/2/2016. Agreed Motion to Extend Deadlines to Disclose Experts And Produce Initial Expert Reports As To Plaintiffs RLI and Fifth Third by Plaintiff RLI Insurance Company. Responses due by 9/15/2016 (Ripley, Regina) (Entered: 08/22/2016)
66 Unopposed MOTION for Extension of Time to File Response/Reply as to 64 Objection to Magistrate Judge Order New date requested 9/16/2016. Unopposed Motion for Extension of Time to Respond to Fifth Third Bancorp's Objections to Magistrate Judge's Memorandum Order of July 27, 2016 (Dkt. 64 in No.14-802, Dkt. 72 in No. 14-869) by RLI Insurance Company, Certain Underwriters at Lloyds Subscribing to Policy Numbers B0509QA048710 and B0509QA051310, Axis Insurance Company, and Federal Insurance Company by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) (Entered: 08/29/2016)
67 MOTION for Extension of Time New date requested 9/16/2016. Agreed Motion to Extend Deadline to Disclose Experts and Produce Initial Expert Reports as to Plaintiffs RLI Insurance Company and Fifth Third Bank by Defendant Fifth Third Bancorp. (Byrne, Mark) (Entered: 09/01/2016)
68 Joint MOTION for Extension of Time New date requested 10/31/2016. JOINT MOTION TO RESET CALENDAR ORDER by Defendant Fifth Third Bancorp. (Byrne, Mark) (Entered: 09/15/2016)
69 ORDER granting 68 Joint Motion to Reset Calendar Order. The Court's Calendar Order of 3/12/2015 (doc. 31 in 1:14-cv-00802; doc. 35 in 1:14-cv-869), and as amended on 2/19/2016, 4/22/2016, 8/24/2016 and 9/2/2016 is hereby VACATED. The instant cases shall now proceed as follows: Private mediation before The Honorable Randall Newsome: 10/18/2016. Plaintiffs RLI Insurance and Fifth Third Bancorp to Produce Expert Reports: 10/31/2016. Deadline for filing responses to Fifth Third Bank's Objection to Magistrate Judge's Order (doc. 72 in 1:14-cv-00869): 10/31/2016. Deadline for Production of Expert Reports of Defendants Certain Underwriters at Lloyd's Subscribing to PolicyNos. B0509QA048710 and B0509QA051310, Axis Insurance Company, Federal Insurance Company, and Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul/Mercury Insurance Company, DefendantFifth Third and Counterclaim Defendant RLI Insurance Company: 12/31/2016. Deadline to Produce Rebuttal Expert Reports from all parties: 1/31/2017. Discovery Deadline: 3/1/2017. Dispositive Motion deadline: 3/15/2017. The current final pretrial conference and trial dates are hereby VACATED, to be rescheduled on the docket of Judge Beckwith. Additionally, upon the agreement of the parties, the 7/27/2016 order issued by the undersigned (doc. 70 in 1:14-cv-00869) which stays discovery relating to Fifth Third's bad faith allegation remains in effect until Judge Beckwith decides Fifth Third's pending objections. Should the Court sustain the decision of the undersigned, the stay pertaining to Fifth Third's bad faith allegation shall remain in effect until 3/15/2017. Fifth Third Bank does not waive any right it may have to seek further reconsideration regarding the stay and bifurcation of bad faith discovery. Signed by Magistrate Judge Stephanie K. Bowman on 9/22/2016. (km) (Entered: 09/22/2016)
70 AMENDED SCHEDULING ORDER: DDL: 3/1/17; Motions deadline: 3/15/17; Final Pretrial Conference is reset for 7/24/2017 at 11:00 AM; Trial is reset for 8/7/2017 01:00 PM. Signed by Judge Sandra S Beckwith on 9/26/16. (mb) (Entered: 09/26/2016)
71 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5702663) of Traci Sands Rea by Defendant Fifth Third Bancorp. Responses due by 11/17/2016 (Attachments: # 1 Exhibit A Certificate of Good Standing, # 2 Text of Proposed Order) (Byrne, Mark) (Entered: 10/21/2016)
71.1 Exhibit A Certificate of Good Standing
71.2 Text of Proposed Order
72 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5702739) of David Martin Halbreich by Defendant Fifth Third Bancorp. Responses due by 11/17/2016 (Attachments: # 1 Exhibit A Certification of Good Standing, # 2 Text of Proposed Order) (Byrne, Mark) (Entered: 10/21/2016)
72.1 Exhibit A Certification of Good Standing
72.2 Text of Proposed Order
73 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5702766) of Douglas Richard Widin by Defendant Fifth Third Bancorp. Responses due by 11/17/2016 (Attachments: # 1 Exhibit A Certificate of Good Standing, # 2 Text of Proposed Order) (Byrne, Mark) (Entered: 10/21/2016)
73.1 Exhibit A Certificate of Good Standing
73.2 Text of Proposed Order
74 ORDER granting [71-73] Motions for Leave for attorneys Rea, Halbreich, & Widin to Appear Pro Hac Vice as co-counsel for Fifth Third. Signed by Judge Sandra S. Beckwith on 10/25/16. (mb) (Entered: 10/25/2016)
75 Joint MOTION for Extension of Time New date requested 2/14/2017. Joint Motion to Partially Modify the Existing Calendar Order Relating to the Production of Expert Reports by Defendant Fifth Third Bancorp. Responses due by 11/21/2016 (Byrne, Mark) (Entered: 10/26/2016)
79 NOTICE by Plaintiff RLI Insurance Company RLI Insurance Company, Continental Insurance Company, Fidelity and Deposit Insurance Company, and St. Paul Mercury Insurance Company's Notice of Service of Expert Report of Patrick F. Gannon, for Case Nos. 14-802 and 14-869 (Suh, Ji-Yeon) (Entered: 11/15/2016)
80 Transcript of Proceedings, Discovery Conference held on November 29, 2016, before Magistrate Judge Stephanie K. Bowman. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 12/23/2016. Redacted Transcript Deadline set for 1/3/2017. Release of Transcript Restriction set for 3/2/2017. (Maffia, Maryann) (Entered: 12/02/2016)
81 MOTION for Leave to File First Amended Counterclaim and Demand for Jury Trial by Defendant Fifth Third Bancorp. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B) (Widin, Douglas) (Entered: 12/14/2016)
81.1 Text of Proposed Order
81.2 Exhibit A
81.3 Exhibit B
82 ORDER OVERRULING Fifth Third's Objection to 64 Report and Recommendationsand the Memorandum Order is AFFIRMED, with the following amendment that the stay related to Fifth Third's bad faith allegations is extended until the filing of any dispositive motions. Signed by Judge Sandra S. Beckwith on 12/29/2016. (jlw) Modified on 12/29/2016 (jlw). (Entered: 12/29/2016)
85 MOTION for Extension of Time New date requested 1/11/2017. , MOTION for Extension of Time to File Response/Reply as to 81 MOTION for Leave to File First Amended Counterclaim and Demand for Jury Trial New date requested 1/11/2017. ( Responses due by 1/11/2017) by Plaintiff RLI Insurance Company. (Schmookler, Scott) (Entered: 01/04/2017)
87 ORDER REASSIGNING CASE. Case reassigned to Judge Timothy S. Black for all further proceedings. Judge Michael R. Barrett no longer assigned to case. Signed by Judge Michael R. Barrett on 1/9/17. (ba) (Entered: 01/09/2017)
90 Transcript of Proceedings held on 01-09-2017, [Teleconference, re: Discovery Dispute] before Magistrate Judge Stephanie K. Bowman. Court Reporter/Transcriber Mary Ann Ranz, Official Court Reporter, Telephone number 513-564-7626. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 2/3/2017. Redacted Transcript Deadline set for 2/13/2017. Release of Transcript Restriction set for 4/13/2017. (Ranz, Mary Ann) (Entered: 01/13/2017)
91 NOTICE by Plaintiff RLI Insurance Company re 81 MOTION for Leave to File First Amended Counterclaim and Demand for Jury Trial (Attachments: # 1 Exhibit) (Schmookler, Scott) (Entered: 01/13/2017)
91.1 Exhibit
92 MOTION to File Document Under Seal Fifth Third Bancorp and Fifth Third Bank's Motion to File Their Reply Brief to Their Motion for Leave to File an Amended Counterclaim and Amended Complaint Under Seal by Defendant Fifth Third Bancorp. (Byrne, Mark) (Entered: 02/01/2017)
95 NOTICE by Defendant Fifth Third Bancorp Notice of Filing Pleading Under Seal (Byrne, Mark) (Entered: 02/02/2017)
96 RESPONSE in Opposition re 81 MOTION for Leave to File First Amended Counterclaim and Demand for Jury Trial (Redacted Brief) filed by Plaintiff RLI Insurance Company. (Schmookler, Scott) (Entered: 02/03/2017)
98 ORDER granting Joint Motion to Reset Calendar Order (doc. 103 in related action 1:14-cv-00869). The following deadlines are amended as follows: Last day to serve written discovery demands set for 4/14/2017. Last day for parties to file discovery motions set for 5/15/2017. Discovery deadline set for 5/15/2017. Dispositive motion deadline set for 6/3/2017. Trial (to be set on the docket of Judge Black) set for 10/23/2017. The stay pertaining to Fifth Third's bad faith allegation shall remain in effect until no earlier than 6/3/2017. Signed by Magistrate Judge Stephanie K. Bowman on 2/10/2017. (km) (Entered: 02/10/2017)
99 MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760 and Federal Insurance Company's Motion for Protective Order (doc. 98 in related action 1:14-cv-00869). The Underwriters' separate request for additional protection to prevent duplicative discovery is DENIED AS MOOT, and the request for an award of costs and fees is also DENIED. Signed by Magistrate Judge Stephanie K. Bowman on 3/1/2017. (km) (Entered: 03/01/2017)
103 ORDER granting 81 Fifth Third Bancorp's Motion for Leave to Amend Pleadings, subject to these conditions: Fifth Third shall clarify in discovery responses whether the elimination of the Valuation Fraud allegations in the amended pleadings encompasses the following columns within Rechel's Summary of Fraud Findings: Columns C E, and H. Fifth Third also shall clarify whether it intends to assert any of the allegations contained in the description of the referenced columns; Fifth Third shall clarify in discovery responses whether Exhibit 4 to the Third Amended Complaint filed in the Illinois action correctly identifies the alleged fraud indicators and identifies which of the alleged indicators apply to each advance. The Insurers' request for the imposition of additional conditions and for the imposition of discovery costs and fees, either past or future, is DENIED. NOTE: This stand alone Order addresses the publicly filed motions. A separate Memorandum Opinion and Order has been filed under seal. Signed by Magistrate Judge Stephanie K. Bowman on 3/10/2017. (km) (Entered: 03/10/2017)
105 Consent MOTION to File Document Under Seal by Defendant Fifth Third Bancorp. (Byrne, Mark) (Entered: 03/16/2017)
107 MOTION to Strike Fifth Third's Motion, in the Alternative, to Strike the Expert Report of Nancy Terrill by Defendant Fifth Third Bancorp. (Byrne, Mark) (Entered: 03/20/2017)
108 NOTICE: Informal Telephone Discovery Conference set for 3/29/2017 10:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel shall call 1-888-363-4749 to participate in the telephone conference with Magistrate Judge Stephanie K. Bowman. The conference access code is 8651321 and the security code is 2010. NOTE: You will be required to use this information each time the Court conducts a telephone conference unless otherwise instructed. (km) (Entered: 03/24/2017)
109 Unopposed MOTION for Leave to File to file reply in support of motion to strike Kelley disclosure under seal by Plaintiff RLI Insurance Company. (Schmookler, Scott) (Entered: 03/25/2017)
112 RESPONSE in Opposition re 107 MOTION to Strike the Expert Report of Nancy Terrill filed by Plaintiff RLI Insurance Company. (Suh, Ji-Yeon) (Entered: 03/29/2017)
113 STIPULATED ORDER REGARDING PRODUCTION OF DOCUMENTS LISTED ON FIFTH THIRD'S PRIVILEGE LOG. Signed by Magistrate Judge Stephanie K. Bowman on 3/31/2017. (km) (Entered: 03/31/2017)