Case Details

CourtSouthern District of Ohio
Docket number1:14-cv-00869
Date case filed2014-11-10
Date case closed
Date of latest filing
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
4 MOTION for Leave to Appear Pro Hac Vice of Charles E. Turnbull (Filing fee $ 200, receipt number 0648-4817016) by Plaintiffs Fifth Third Bancorp, Fifth Third Bank. (Attachments: # 1 Exhibit A Certificate of Admission, # 2 Text of Proposed Order) (Byrne, Mark) (Entered: 11/19/2014)
4.1 Exhibit A Certificate of Admission
4.2 Text of Proposed Order
5 MOTION for Leave to Appear Pro Hac Vice of Lawrence M. Scott (Filing fee $ 200, receipt number 0648-4817018) by Plaintiffs Fifth Third Bancorp, Fifth Third Bank. (Attachments: # 1 Exhibit A Certificate of Admission, # 2 Text of Proposed Order) (Byrne, Mark) (Entered: 11/19/2014)
5.1
5.2
6 MOTION for Leave to Appear Pro Hac Vice of Marc D. Kaszubski (Filing fee $ 200, receipt number 0648-4817020) by Plaintiffs Fifth Third Bancorp, Fifth Third Bank. (Attachments: # 1 Affidavit A Certificate of Admission, # 2 Text of Proposed Order) (Byrne, Mark) (Entered: 11/19/2014)
6.1
6.2
7 RELATED CASE MEMORANDUM ORDER: Judge Sandra S. Beckwith is the Judge on both of the listed cases and has determined that this case and case number 1:14cv802 are related and will both remain on her docket. Signed by Judge Sandra S Beckwith on 11/19/2014. (eh1) (Entered: 11/19/2014)
9 NOTICE of Appearance by Luke John Busam for Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul Mercury Insurance Company (Busam, Luke) (Entered: 11/25/2014)
10 Corporate Disclosure Statement by Defendants Continental Insurance Company, Continental Casualty Company, The Continental Corporation, CNA Financial Corporation, Loews Corporation identifying Corporate Parent The Continental Corporation, Corporate Parent Loews Corporation, Corporate Parent Continental Casualty Company, Corporate Parent CNA Financial Corporation for Continental Insurance Company.. (Busam, Luke) (Entered: 11/25/2014)
11 Corporate Disclosure Statement by Defendants Fidelity and Deposit Insurance Company, Zurich Insurance Group Ltd. identifying Corporate Parent Zurich Insurance Group Ltd. for Fidelity and Deposit Insurance Company.. (Busam, Luke) (Entered: 11/25/2014)
12 Corporate Disclosure Statement by Defendants St. Paul Mercury Insurance Company, St. Paul Fire and Marine Insurance Company, The Travelers Companies, Inc. identifying Corporate Parent St. Paul Fire and Marine Insurance Company, Corporate Parent The Travelers Companies, Inc. for St. Paul Mercury Insurance Company.. (Busam, Luke) (Entered: 11/25/2014)
13 MOTION for Leave to Appear Pro Hac Vice of Julia Blackwell Gelinas (Filing fee $ 200, receipt number 0648-4825851) by Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul Mercury Insurance Company. (Attachments: # 1 Exhibit Certificate of Good Standing) (Busam, Luke) (Entered: 11/25/2014)
13.1 Exhibit Certificate of Good Standing
14 MOTION for Leave to Appear Pro Hac Vice of Bryan S. Strawbridge (Filing fee $ 200, receipt number 0648-4825869) by Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul Mercury Insurance Company. (Attachments: # 1 Exhibit Certificate of Good Standing) (Busam, Luke) (Entered: 11/25/2014)
14.1 Exhibit Certificate of Good Standing
15 WAIVER OF SERVICE Returned Executed. Waiver sent to St. Paul Mercury Insurance Company on 11/12/2014, answer due 1/12/2015. (Byrne, Mark) (Entered: 11/26/2014)
16 WAIVER OF SERVICE Returned Executed. Waiver sent to Continental Insurance Company on 11/12/2014, answer due 1/12/2015. (Byrne, Mark) (Entered: 11/26/2014)
17 WAIVER OF SERVICE Returned Executed. Waiver sent to Fidelity and Deposit Insurance Company on 11/12/2014, answer due 1/12/2015. (Byrne, Mark) (Entered: 11/26/2014)
18 ORDER granting [13 & 14] Motions for Leave for attorneys Gelinas & Strawbridge to Appear Pro Hac Vice as co-counsel for Continental Insurance, Fidelity & Deposit Insurance & St. Paul Mercury Insurance. Signed by Judge Sandra S Beckwith on 12/2/14. (mb) (Entered: 12/02/2014)
19 Corporate Disclosure Statement by Defendants Fidelity and Deposit Insurance Company, Zurich American Insurance Company, Zurich Holding Company of America, Inc., Zurich Insurance Company Ltd., Zurich Insurance Group Ltd. identifying Corporate Parent Zurich Holding Company of America, Inc., Corporate Parent Zurich Insurance Company Ltd., Corporate Parent Zurich American Insurance Company, Corporate Parent Zurich Insurance Group Ltd. for Fidelity and Deposit Insurance Company.. (Strawbridge, Bryan) (Entered: 12/05/2014)
20 MOTION to Consolidate Cases 1:14cv802 and 1:14cv869 by Plaintiffs Fifth Third Bancorp, Fifth Third Bank. (Byrne, Mark) (Entered: 12/19/2014)
21 STIPULATION for Extension of Time to Respond to Complaint by Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul Mercury Insurance Company. (Strawbridge, Bryan) (Entered: 01/07/2015)
26 ORDER granting 23 Motion for Leave for attorneys Losquadro, Blancett and Novak to Appear Pro Hac Vice as co-counsel for defendants Certain Underwriters at Lloyd's, Axis Insurance, and Federal Insurance. Signed by Judge Sandra S Beckwith on 1/15/15. (mb) (Entered: 01/15/2015)
27 ANSWER to 24 Amended Complaint,, filed by AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760, Federal Insurance Company. (Goldwasser, Brian) (Entered: 02/04/2015)
28 Corporate Disclosure Statement by Defendant Federal Insurance Company. (Goldwasser, Brian) (Entered: 02/04/2015)
29 Corporate Disclosure Statement by Defendant AXIS Insurance Company. (Goldwasser, Brian) (Entered: 02/04/2015)
30 ANSWER to 24 Amended Complaint,, and Affirmative Defenses filed by Continental Insurance Company. (Strawbridge, Bryan) (Entered: 02/04/2015)
31 ANSWER to 24 Amended Complaint,, and Affirmative Defenses filed by Fidelity and Deposit Insurance Company. (Strawbridge, Bryan) (Entered: 02/04/2015)
32 ANSWER to 24 Amended Complaint,, and Affirmative Defenses filed by St. Paul Mercury Insurance Company. (Strawbridge, Bryan) (Entered: 02/04/2015)
33 ORDER: All parties apparently agree that consolidation is appropriate at least for discovery. The Court will grant Fifth Thirds motion in part, and consolidate the cases for purposes of the Rule 26 conference, discovery and pre-trial scheduling. The Court will deny, without prejudice, Fifth Thirds motion to consolidate these cases for trial. Any party may seek to consolidate the actions for trial, if developments in the case warrant revisiting that issue. Fifth Thirds motion to consolidate (Doc. 19) is granted in part and denied in part. RLIs motion for leave to file a sur-reply (Doc. 25) is denied as moot.. Signed by Judge Sandra S Beckwith on 2/17/2015. (jlw1) (Entered: 02/18/2015)
34 NOTICE: Telephone Scheduling Conference set for 3/12/2015 10:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. (km1) (Entered: 02/26/2015)
35 CALENDAR ORDER: Deadline to file motion to amend the pleadings and/or add parties: 9/30/2015. Deadline to file motions relative to the pleadings: 10/31/2015. Plaintiff RLI's and Plaintiff Fifth Third's disclosure of experts' identities pursuant to Rule 26(a)(2)(A): 3/7/2016. Reports from Plaintiff RLI's and Plaintiff Fifth Third's experts pursuant to Rule 26(a)(2)(B): 5/11/2016. Disclosure of experts from Defendant Fifth Third, Counterclaim Defendant RLI, and Defendants Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710 and B0509QA051310, Axis Insurance Company, Federal Insurance Company, and Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul Mercury Insurance Company expert(s), pursuant to Rule 26(a)(2)(A)-(B): 6/28/2016. Reports from Defendant Fifth Third, Counterclaim Defendant RLI, and Defendants Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710 and B0509QA051310, Axis Insurance Company, Federal Insurance Company, and Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul Mercury Insurance Company rebuttal expert(s): 8/28/2016. Rebuttal reports from all parties: 10/1/2016. Disclosure of all parties' non-expert (fact) witnesses: 11/1/2015. Fact Discovery deadline: 12/1/2016. Deadline to file dispositive motions :10/3/2016. The final pretrial and trial dates will be set on the calendar of Judge Beckwith. Signed by Magistrate Judge Stephanie K. Bowman on 3/12/2015. (km1) (Entered: 03/12/2015)
36 NOTICE by Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760, Federal Insurance Company of Address Change (Geoppinger McCoy, Jean) (Entered: 03/12/2015)
37 SCHEDULING ORDER: DDL: 12/1/16; Motions deadline: 10/3/16; Final Pretrial Conference set for 4/11/2017 at 9:00 AM; Trial set for 4/24/2017 at 1:00 PM. Signed by Judge Sandra S Beckwith on 3/19/15. (mb) (Entered: 03/19/2015)
38 MOTION for Protective Order (Agreed) by Plaintiffs Fifth Third Bancorp, Fifth Third Bank. (Attachments: # 1 Exhibit A Stipulated Protective Order) (Byrne, Mark) (Entered: 03/25/2015)
38.1 Exhibit A Stipulated Protective Order
39 STIPULATED PROTECTIVE ORDER REGARDING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL AND PRIVILEGED DOCUMENTS AND INFORMATION. Signed by Magistrate Judge Stephanie K. Bowman on 3/27/2015. (km1) (Entered: 03/27/2015)
40 NOTICE by Plaintiffs Fifth Third Bancorp, Fifth Third Bank OF ISSUANCE OF SUBPOENA TO RITA HILL (Attachments: # 1 Exhibit A Subpoena) (Byrne, Mark) (Entered: 05/16/2015)
40.1 Exhibit A Subpoena
41 NOTICE by Plaintiffs Fifth Third Bancorp, Fifth Third Bank re 40 Notice (Other) OF PROOF OF SERVICE OF SUBPOENA (Attachments: # 1 Exhibit A Subpoena) (Byrne, Mark) (Entered: 05/25/2015)
41.1 Exhibit A Subpoena
42 NOTICE to Take Deposition of Lloyd's Subscribing to Policy Nos. B0509QA048710 and B0509QA051310 by Plaintiffs Fifth Third Bancorp, Fifth Third Bank. (Byrne, Mark) (Entered: 10/02/2015)
43 NOTICE to Take Deposition of Axis Insurance Company by Plaintiffs Fifth Third Bancorp, Fifth Third Bank. (Byrne, Mark) (Entered: 10/02/2015)
44 NOTICE to Take Deposition of Federal Insurance Company by Plaintiffs Fifth Third Bancorp, Fifth Third Bank. (Byrne, Mark) (Entered: 10/02/2015)
45 NOTICE to Take Deposition of Continental Insurance Company by Plaintiffs Fifth Third Bancorp, Fifth Third Bank. (Byrne, Mark) (Entered: 10/02/2015)
46 NOTICE to Take Deposition of Fidelity and Deposit Insurance Company by Plaintiffs Fifth Third Bancorp, Fifth Third Bank. (Byrne, Mark) (Entered: 10/02/2015)
47 NOTICE to Take Deposition of St. Paul Mercury Insurance Company by Plaintiffs Fifth Third Bancorp, Fifth Third Bank. (Byrne, Mark) (Entered: 10/02/2015)
48 Witness List by Defendant Continental Insurance Company. (Strawbridge, Bryan) (Entered: 11/02/2015)
49 Witness List by Defendant Fidelity and Deposit Insurance Company. (Strawbridge, Bryan) (Entered: 11/02/2015)
50 Witness List by Defendant St. Paul Mercury Insurance Company. (Strawbridge, Bryan) (Entered: 11/02/2015)
51 NOTICE: Telephonic Informal Discovery Conference set for 12/8/2015 02:30 PM before Magistrate Judge Stephanie K. Bowman (TO BE HELD IN CONJUNCTION WITH SCHEDULED TELEPHONE CONFERNCE IN RELATED CASE 1:14-CV-00802). 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)
56 MOTION for Extension of Time to File Response/Reply as to 53 MOTION for Protective Order or to Stay Discovery and Bifurcate Plaintiff's "Bad Faith Claim"Sealed MOTION Protective Order or to Stay Discovery and Bifurcate Plaintiff's "Bad Faith Claim" re Order on Motion to File Document Under Seal, filed New date requested 4/4/2016. by Plaintiff Fifth Third Bank. Responses due by 4/21/2016 (Byrne, Mark) (Entered: 03/28/2016)
58 NOTICE by Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul Mercury Insurance Company of Joinder in Defendants' Motion for Protective Order or in the Alternative to Stay Discovery and Bifurcate "Bad Faith Claim" (Strawbridge, Bryan) (Entered: 04/01/2016)
59 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)
60 MOTION for Extension of Time to File Response/Reply as to 53 MOTION for Protective Order or to Stay Discovery and Bifurcate Plaintiff's "Bad Faith Claim"Sealed MOTION Protective Order or to Stay Discovery and Bifurcate Plaintiff's "Bad Faith Claim" re Order on Motion to File Document Under Seal, filed New date requested 4/8/2016. by Plaintiff Fifth Third Bank. Responses due by 4/28/2016 (Byrne, Mark) (Entered: 04/04/2016)
61 MOTION for Extension of Time to File Response/Reply as to 53 MOTION for Protective Order or to Stay Discovery and Bifurcate Plaintiff's "Bad Faith Claim"Sealed MOTION Protective Order or to Stay Discovery and Bifurcate Plaintiff's "Bad Faith Claim" re Order on Motion to File Document Under Seal, filed New date requested 4/11/2016. by Plaintiff Fifth Third Bank. Responses due by 5/2/2016 (Byrne, Mark) (Entered: 04/08/2016)
62 RESPONSE in Opposition re 53 MOTION for Protective Order or to Stay Discovery and Bifurcate Plaintiff's "Bad Faith Claim"Sealed MOTION Protective Order or to Stay Discovery and Bifurcate Plaintiff's "Bad Faith Claim" re Order on Motion to File Document Under Seal, filed filed by Plaintiff Fifth Third Bank. (Attachments: # 1 Exhibit A Declaration of Mark J. Byrne) (Byrne, Mark) (Entered: 04/11/2016)
62.1 Exhibit A Declaration of Mark J. Byrne
63 MOTION for Extension of Time New date requested 5/17/2016. by Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760, Federal Insurance Company. Responses due by 5/19/2016 (Geoppinger McCoy, Jean) (Entered: 04/25/2016)
66 NOTICE: Telephone Discovery Conference (in related action 1:14-cv-00802)set for 5/23/2016 12:00 PM 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 5:00 p.m. on 5/20/2016. (km) (Entered: 05/20/2016)
67 Second MOTION for Extension of Time to File Response/Reply as to 53 MOTION for Protective Order or to Stay Discovery and Bifurcate Plaintiff's "Bad Faith Claim"Sealed MOTION Protective Order or to Stay Discovery and Bifurcate Plaintiff's "Bad Faith Claim" re Order on Motion to File Document Under Seal, filed New date requested 6/21/2016. by Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760, Federal Insurance Company. Responses due by 6/20/2016 (Geoppinger McCoy, Jean) (Entered: 05/27/2016)
70 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 ( 53 , joined by the Second Excess Insurance Carriers 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 (doc. 44) is GRANTED IN PART consistent with the above paragraph; (3) In all other respects, the Insurers' motions ( 53 and 58 in Case No. 1:14-cv-869, and Doc. 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)
72 Objection re 70 Order on Motion for Protective Order,,,,, Order on Sealed Motion,,,, Fifth Third Bank's Objections to the Magistrate Judge's Memorandum Order of July 27, 2016 by Plaintiff Fifth Third Bank. (Byrne, Mark) (Entered: 08/17/2016)
74 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 Plaintiff Fifth Third Bank. Responses due by 9/26/2016 (Byrne, Mark) (Entered: 09/01/2016)
75 Joint MOTION for Extension of Time New date requested 10/31/2016. JOINT MOTION TO RESET CALENDAR ORDER by Plaintiff Fifth Third Bank. (Byrne, Mark) (Entered: 09/15/2016)
76 ORDER granting 75 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)
77 AMENDED SCHEDULING ORDER: DDL: 3/1/17; Motions deadline: 3/15/17; Final Pretrial Conference is reset for 8/28/2017 at 10:00 AM; Trial is reset for 9/11/2017 at 1:00 PM. Signed by Judge Sandra S Beckwith on 9/26/16. (mb) (Entered: 09/26/2016)
78 MOTION for Extension of Time New date requested 11/24/2016. Motion for Extension of Time on Subpoena Return Date by Plaintiff Fifth Third Bancorp. Responses due by 11/17/2016 (Attachments: # 1 Text of Proposed Order) (Byrne, Mark) (Entered: 10/24/2016)
78.1 Text of Proposed Order
82 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5739463) of William J. Brennan by Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760, Federal Insurance Company. Responses due by 12/15/2016 (Goldwasser, Brian) (Entered: 11/21/2016)
83 ORDER granting 82 Motion for Leave for William Brennan to Appear Pro Hac Vice as co-counsel for Certain Underwriters at LloydsSubscribing to Policy Numbers B0509QA048710 and B0509QA051310, Axis Insurance Company, and Federal Insurance Company. Signed by Judge Sandra S. Beckwith on 11/23/16. (mb) (Entered: 11/23/2016)
84 Transcript of Proceedings, Discovery Conference via phone, 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)
85 MOTION for Leave to File Second Amended Complaint by Plaintiffs Fifth Third Bancorp, Fifth Third Bank. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B) (Widin, Douglas) (Entered: 12/14/2016)
85.1 Text of Proposed Order
85.2 Exhibit A
85.3 Exhibit B
86 ORDER - ORDER OVERRULING in case 1:14-cv-802 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)
87 ORDER REASSIGNING CASE. Case reassigned to Judge Unassigned for all further proceedings. Judge Sandra S Beckwith no longer assigned to case. Signed by Judge Sandra S. Beckwith on 1/3/17. (mb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 01/03/2017)
88 ORDER: Case reassigned to Judge Michael R. Barrett for all further proceedings. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 01/03/2017)
89 MOTION to File Document Under Seal by Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760, Federal Insurance Company. (Attachments: # 1 Exhibit Exhibit 1) (Geoppinger McCoy, Jean) (Entered: 01/04/2017)
89.1 Exhibit Exhibit 1
90 MOTION for Extension of Time to File Response/Reply as to 85 MOTION for Leave to File Second Amended Complaint New date requested 1/11/2017. by Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760, Continental Insurance Company, Federal Insurance Company, Fidelity and Deposit Insurance Company, St. Paul Mercury Insurance Company. (Geoppinger McCoy, Jean) (Entered: 01/04/2017)
92 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)
94 NOTICE by Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul Mercury Insurance Company re 85 MOTION for Leave to File Second Amended Complaint of Joinder in Underwriters' Memorandum Contra to Plaintiffs' Motion for Leave to File Second Amended Complaint (Strawbridge, Bryan) (Entered: 01/11/2017)
95 Transcript of Proceedings [Teleconference, re: Discovery Dispute] held on 01-09-2017, before Magistrate Judge Stephanie K. Bowman. Court Reporter/Transcriber Mary Ann Ranz, 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)
96 Joint MOTION for Extension of Time New date requested 1/31/2017. by Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760, Federal Insurance Company. (Attachments: # 1 Text of Proposed Order) (Goldwasser, Brian) (Entered: 01/13/2017)
96.1 Text of Proposed Order
97 ORDER granting 96 Joint Motion for Extension of Time: The deadline for production of expert reports opining on the existence and/or quantum of a loss of Defendants Certain Underwriters at Lloyd's Subscribing to Policy Nos. B0509QA048710 and B0509QA051310, Axis Insurance Company, Federal Insurance Company, and Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul/Mercury Insurance Company, Defendant Fifth Third and Counterclaim Defendant RLI Insurance Company shall be extended from 1/16/17 to 1/31/17; The deadline for Fifth Third to respond to Underwriters' First Set of Interrogatories and Second Request for the Production of Documents shall be extended from 1/15/17 to 1/31/17; and Fifth Third shall have until 2/2/17 in which to file its reply to Underwriters' memorandum in opposition to Fifth Third's 85 leave to file an amended complaint. Signed by Magistrate Judge Stephanie K. Bowman on 1/17/17. (sct) (Entered: 01/17/2017)
98 MOTION for Protective Order by Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760, Federal Insurance Company. (Attachments: # 1 Memo of Law in Support of Motion, # 2 Declaration in Support of Motion) (Brennan, William) (Entered: 01/23/2017)
98.1 Memo of Law in Support of Motion
98.2 Declaration in Support of Motion
99 NOTICE by Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul Mercury Insurance Company re 98 MOTION for Protective Order (Attachments: # 1 Exhibit A - Declaration of Julia Blackwell Gelinas in Support of Underwriters' Motion for Protective Order) (Strawbridge, Bryan) (Entered: 01/26/2017)
99.1
100 MOTION for Extension of Time to File Response/Reply as to 99 Notice (Other), 98 MOTION for Protective Order New date requested 2/3/2017. by Plaintiffs Fifth Third Bancorp, Fifth Third Bank. (Byrne, Mark) (Entered: 01/27/2017)
101 RESPONSE in Opposition re 98 MOTION for Protective Order Fifth Third's Memorandum in Opposition to Insurers' Motion for Protective Order as to Rule 30(b)(6) Notices (Doc. 98 and 99) With Declaration of Mark J. Byrne Attached as Exhibit 1 filed by Plaintiffs Fifth Third Bancorp, Fifth Third Bank. (Attachments: # 1 Exhibit 1 Declaration of Mark J. Byrne, # 2 Exhibit A to Declaration of Mark J. Byrne, # 3 Exhibit B to Declaration of Mark J. Byrne, # 4 Exhibit C to Declaration of Mark J. Byrne, # 5 Exhibit D to Declaration of Mark J. Byrne, # 6 Exhibit E to Declaration of Mark J. Byrne, # 7 Exhibit F to Declaration of Mark J. Byrne, # 8 Exhibit G to Declaration of Mark J. Byrne, # 9 Exhibit H to Declaration of Mark J. Byrne, # 10 Exhibit I to Declaration of Mark J. Byrne, # 11 Exhibit 2 Slip Opinions, # 12 Exhibit 3 Proposed Order) (Byrne, Mark) (Entered: 02/03/2017)
101.1 Exhibit 1 Declaration of Mark J. Byrne
101.2 Exhibit A to Declaration of Mark J. Byrne
101.3 Exhibit B to Declaration of Mark J. Byrne
101.4 Exhibit C to Declaration of Mark J. Byrne
101.5 Exhibit D to Declaration of Mark J. Byrne
101.6 Exhibit E to Declaration of Mark J. Byrne
101.7 Exhibit F to Declaration of Mark J. Byrne
101.8 Exhibit G to Declaration of Mark J. Byrne
101.9 Exhibit H to Declaration of Mark J. Byrne
101.10 Exhibit I to Declaration of Mark J. Byrne
101.11 Exhibit 2 Slip Opinions
101.12 Exhibit 3 Proposed Order
102 First MOTION for Extension of Time New date requested 2/10/2017. Motion and Memorandum for Extension of Time to File Reply in Support of Motion for Protective Order by Defendant Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760. (Goldwasser, Brian) (Entered: 02/07/2017)
103 Joint MOTION for Extension of Time to Complete Discovery New date requested 5/15/2017. by Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760, Federal Insurance Company. (Goldwasser, Brian) (Entered: 02/09/2017)
104 ORDER granting 103 Joint Motion to Reset Calendar Order. 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)
105 REPLY to Response to Motion re 98 MOTION for Protective Order filed by Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760, Federal Insurance Company. (Attachments: # 1 Affidavit Declaration in Support) (Brennan, William) (Entered: 02/10/2017)
105.1 Affidavit Declaration in Support
106 NOTICE by Defendants Continental Insurance Company, Fidelity and Deposit Insurance Company, St. Paul Mercury Insurance Company of Joinder in Underwriters' Reply in Support of Motion for Protective Order (Strawbridge, Bryan) (Entered: 02/10/2017)
107 MEMORANDUM OPINION AND ORDER granting in part and denying in part 98 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. 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)
108 ORDER granting 85 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)
111 MOTION for Joinder in RLI's Motion to Strike by Defendants AXIS Insurance Company, Certain Underwriters at Lloyd's Subscribing to Policy Numbers B0509QA048710, B0509QA051310, and 81906760, Federal Insurance Company. (Brennan, William) (Entered: 03/19/2017)
112 NOTICE: 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)