Case Details

CourtEastern District of Pennsylvania
Docket number2:11-cv-05930
Date case filed2011-09-20
Date case closed2013-02-15
Date of latest filing
Assigned toHONORABLE GENE E.K. PRATTER
Case cause28:1332 Diversity-Insurance Contract
Nature of suit110 Contract: Insurance
Jury demandDefendant
Demand
JurisdictionDiversity

Case Parties

Party: THE CINCINNATI INSURANCE COMPANY
Party type: Plaintiff
Attorney name: BRYAN J. SMITH
Attorney Contact:
DELL MOSER LANE & LOUGHNEY LLC
TWO CHATHAM CENTER SUITE 1500
112 WASHINGTON PLACE
PITTSBURGH, PA 15219
412-471-1180
Fax: 412-471-9012
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: MICHAEL J. MCCADDEN
Attorney Contact:
CARPENTER MCCADDEN & LANE LLP
106 CHESLEY DR 2ND FL
MEDIA, PA 19063
610-627-9066
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: MARK R. LANE
Attorney Contact:
DELL MOSER LANE & LOUGHNEY LLC
525 WILLIAM PENN PL STE 3700
PITTSBURGH, PA 15219
412-471-1180
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: DEVON INTERNATIONAL, INC.
Party type: Defendant
Attorney name: PAUL CROWLEY
Attorney Contact:
257 W. UWCHLAN AVENUE
SUITE 204
DOWNINGTOWN, PA 19335
610-269-7940
Fax: 610-269-7993
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: DEVON IT, INC.
Party type: Defendant
Attorney name: PAUL CROWLEY
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: DEVON INTERNATIONAL GROUP, INC.
Party type: Defendant
Attorney name: PAUL CROWLEY
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: DEVON INTERNATIONAL INDUSTRIES, INC.
Party type: Defendant
formerly known asDEVON INTERNATIONAL TRADING, INC.
Attorney name: PAUL CROWLEY
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-09-20 COMPLAINT against DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC. ( Filing fee $ 350 receipt number 049940.), filed by THE CINCINNATI INSURANCE COMPANY.(rt) (Additional attachment(s) added on 9/20/2011: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet) (rt, ). (Entered: 09/20/2011)
1.1 Exhibit
1.2 Exhibit
1.3 Civil Cover Sheet
22011-09-20 Disclosure Statement Form pursuant to FRCP 7.1 including Cincinnati Financial Corporation by THE CINCINNATI INSURANCE COMPANY.(rt) (Entered: 09/20/2011)
32011-09-28 Letter to Attorney Michael J. McCadden re: L.R. 83.5 and 83.5.2. (pod, ) (NOTICE SENT IN ERROR) Modified on 10/3/2011 (lisad, ). (Entered: 09/28/2011)
42011-11-01 WAIVER OF SERVICE Returned Executed by DEVON INTERNATIONAL GROUP, INC.. DEVON INTERNATIONAL GROUP, INC. waiver sent on 10/7/2011, answer due 12/6/2011. (MCCADDEN, MICHAEL) (Entered: 11/01/2011)
52011-11-01 WAIVER OF SERVICE Returned Executed by DEVON INTERNATIONAL, INC.. DEVON INTERNATIONAL, INC. waiver sent on 10/7/2011, answer due 12/6/2011. (MCCADDEN, MICHAEL) (Entered: 11/01/2011)
62011-11-01 WAIVER OF SERVICE Returned Executed by DEVON INTERNATIONAL INDUSTRIES, INC.. DEVON INTERNATIONAL INDUSTRIES, INC. waiver sent on 10/7/2011, answer due 12/6/2011. (MCCADDEN, MICHAEL) (Entered: 11/01/2011)
72011-11-01 WAIVER OF SERVICE Returned Executed by DEVON IT, INC.. DEVON IT, INC. waiver sent on 10/7/2011, answer due 12/6/2011. (MCCADDEN, MICHAEL) (Entered: 11/01/2011)
82011-12-06 ANSWER to Complaint by DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC. with Affirmative Defenses, Certificate of Service. (CROWLEY, PAUL) Modified on 12/7/2011 (nd, ). (Entered: 12/06/2011)
92011-12-06 NOTICE of Appearance by PAUL CROWLEY on behalf of DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC. with Certificate of Service(CROWLEY, PAUL) (Entered: 12/06/2011)
102011-12-06 Statement of Disclosure by DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC.. (CROWLEY, PAUL) (Entered: 12/06/2011)
112011-12-06 NOTICE of Hearing: INITIAL PRETRIAL CONFERENCE SET FOR 1/18/2012 10:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (Attachments: # 1 CONFERENCE INFORMATION REPORT, # 2 JUDGE PRATTER'S NOTICE TO COUNSEL AND SCHEDULING AND DISCOVERY POLICY)(rab, ) (Entered: 12/06/2011)
122011-12-08 NOTICE of Appearance by BRYAN J. SMITH on behalf of THE CINCINNATI INSURANCE COMPANY with Certificate of Service(SMITH, BRYAN) (Entered: 12/08/2011)
132011-12-16 MOTION for Pro Hac Vice Admission of Mark R. Lane, Esquire filed by THE CINCINNATI INSURANCE COMPANY.Affidavit and Certificate of Service. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order) (FEE PAID PPE054893, $40) (SMITH, BRYAN) (Entered: 12/16/2011)
142011-12-27 ORDER granting 13 MOTION FOR PRO HAC VICE OF MARK R. LANE ON BEHALF OF PLAINTIFF THE CINCINNATI INSURANCE COMPANY. SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/27/11.12/27/11 ENTERED AND COPIES MAILED AND E-MAILED.(rab, ) (Entered: 12/27/2011)
152012-01-05 Report Of The Parties' Rule 26 Planning Meeting by DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC., THE CINCINNATI INSURANCE COMPANY. (SMITH, BRYAN) (Entered: 01/05/2012)
162012-01-19 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER: Initial Pretrial Conference held on 1/18/12. (fdc) (Entered: 01/19/2012)
172012-01-20 "PHASE ONE" SCHEDULING ORDER: DISCOVERY DUE BY 4/30/2012. MOTION FOR SUMMARY JUDGMENT DUE BY 5/15/2012. SIGNED BY HONORABLE GENE E.K. PRATTER ON 1/18/12. 1/20/12 ENTERED AND COPIES E-MAILED.(rab, ) (Entered: 01/20/2012)
182012-02-29 First MOTION to Withdraw as Attorney for Plaintiff filed by THE CINCINNATI INSURANCE COMPANY.Certificate of Service. (Attachments: # 1 Text of Proposed Order Proposed Order to approve Withdrawal)(MCCADDEN, MICHAEL) (Entered: 02/29/2012)
192012-03-21 ORDER granting 18 MOTION TO WITHDRAW AS ATTORNEY ATTORNEY MICHAEL J. MCCADDEN TERMINATED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/20/12.3/21/12 ENTERED AND COPIES E-MAILED.(rab, ) Modified on 3/21/2012 (rab, ). (Entered: 03/21/2012)
202012-04-18 STIPULATION of Facts by DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC., THE CINCINNATI INSURANCE COMPANY. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(LANE, MARK) (Entered: 04/18/2012)
212012-05-11 MOTION for Summary Judgment filed by THE CINCINNATI INSURANCE COMPANY.Brief. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(LANE, MARK) (Entered: 05/11/2012)
222012-05-11 Memorandum in Support of Motion for Summary Judgment re 21 MOTION for Summary Judgment filed by THE CINCINNATI INSURANCE COMPANY. (LANE, MARK) (Entered: 05/11/2012)
232012-05-16 RESPONSE to Motion re 21 MOTION for Summary Judgment filed by DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC.. (Attachments: # 1 Text of Proposed Order order)(CROWLEY, PAUL) (Entered: 05/16/2012)
242012-05-16 MOTION for Summary Judgment filed by DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC...(CROWLEY, PAUL) (DUPLICATE FILING) Modified on 5/16/2012 (fdc). (Entered: 05/16/2012)
252012-05-15 DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT, MEMORANDUM, CERTIFICATE OF SERVICE. [fdc] (Entered: 05/16/2012)
262012-05-21 Defendant's Response to Request for Review of Plaintiff re 21 MOTION for Summary Judgment filed by DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC.. (CROWLEY, PAUL) (Entered: 05/21/2012)
272012-05-23 RESPONSE to Motion re 25 MOTION for Summary Judgment filed by THE CINCINNATI INSURANCE COMPANY. (Attachments: # 1 Text of Proposed Order)(LANE, MARK) (Entered: 05/23/2012)
282012-05-29 Response re 26 Response to Brief and Statement, Plaintiff's Brief in Response to Defendants' "Reply Brief" to Plaintiff's Motion for Summary Judgment by THE CINCINNATI INSURANCE COMPANY. (LANE, MARK) (Entered: 05/29/2012)
292012-07-13 MOTION to Stay filed by DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC..Memorandum,. (Attachments: # 1 Memorandum of Law, # 2 Exhibit, # 3 Text of Proposed Order, # 4 Certification of Service)(CROWLEY, PAUL) (Entered: 07/13/2012)
302012-07-18 ORDERED THAT PLAINTIFF SHALL RESPOND TO THE FOLLOWING MOTION BY JULY 27, 2012 RE 29 MOTION to Stay filed by DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON INTERNATIONAL GROUP, INC., DEVON IT, INC. SIGNED BY HONORABLE GENE E.K. PRATTER ON 7/18/12. 7/18/12 ENTERED AND COPIES E-MAILED.(rab, ) (Entered: 07/18/2012)
312012-07-27 RESPONSE in Opposition re 29 MOTION to Stay filed by THE CINCINNATI INSURANCE COMPANY. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(LANE, MARK) (Entered: 07/27/2012)
322012-08-01 REPLY to Response to Motion re 29 MOTION to Stay filed by DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(CROWLEY, PAUL) (Entered: 08/01/2012)
332012-09-27 Supplemental Brief in Opposition re 29 MOTION to Stay filed by THE CINCINNATI INSURANCE COMPANY, Certificate of Service. (Attachments: # 1 Exhibit, # 2 Exhibit)(LANE, MARK) Modified on 9/28/2012 (nd, ). (Entered: 09/27/2012)
342012-09-28 Reply to Plaintiff's Supplemental Brief in Opposition to Motion for Stay by DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC., Certificate of Service. (Attachments: # 1 Exhibit) (CROWLEY, PAUL) Modified on 10/1/2012 (fh) (Entered: 09/28/2012)
352012-12-12 ORDERED THAT THE PARTIES SHALL FILE A JOINT STATUS REPORT BY DECEMBER 13, 2012. SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/10/1212. 12/12/12 ENTERED AND COPIES E-MAILED.(rab, ) (Entered: 12/12/2012)
362012-12-13 STATUS REPORT Joint by DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC., THE CINCINNATI INSURANCE COMPANY. Certificate of Service. (LANE, MARK) Modified on 12/14/2012 (lisad, ). (Entered: 12/13/2012)
372012-12-18 Memorandum in Opposition re 29 MOTION to Stay Second Supplemental filed by THE CINCINNATI INSURANCE COMPANY. Certificate of Service.(Attachments: # 1 Exhibit)(LANE, MARK) Modified on 12/19/2012 (ahf, ). (Entered: 12/18/2012)
382012-12-20 ORDERED THAT ORAL ARGUMENT WILL BE HEARD ON THE FOLLOWING MOTIONS ON FRIDAY, JANUARY 11, 2013 AT 3:00 P.M. IN COURTROOM 10B RE 29 MOTION to Stay filed by DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON INTERNATIONAL GROUP, INC., DEVON IT, INC., 25 MOTION for Summary Judgment filed by DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON INTERNATIONAL GROUP, INC., DEVON IT, INC. SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/20/12. 12/20/12 ENTERED AND COPIES E-MAILED.(rab, ) (Entered: 12/20/2012)
392012-12-20 ORDERED THAT THE ORAL ARGUMENT PREVIOUSLY SCHEDULD FOR JANUARY 11, 2013 IS CANCELLED AND WILL BE RESCHEDULED FOR FRIDAY, JANUARY 18, 2013 AT 3:00 P.M. SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/20/12. 12/20/12 ENTERED AND COPIES E-MAILED.(rab, ) (Entered: 12/20/2012)
402013-01-18 NOTICE of Hearing on Motion 21 MOTION for Summary Judgment , 25 MOTION for Summary Judgment, 29 MOTION to Stay : MOTION HEARING SET FOR 1/29/2013 03:00 PM IN COURTROOM 10B BEFORE HONORABLE GENE E.K. PRATTER.(rab, ) (Entered: 01/18/2013)
412013-01-31 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER: Motion Hearing held on 1/29/13. re 21 MOTION for Summary Judgment filed by THE CINCINNATI INSURANCE COMPANY, 25 MOTION for Summary Judgment filed by DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON INTERNATIONAL GROUP, INC., DEVON IT, INC. Court Reporter: I. Goldshteyn. (fdc, ) (Entered: 01/31/2013)
422013-02-08 Transcript of Oral Argument held on 1/29/13, before Judge Pratter. Court Reporter/Transcriber Perfect Pages Transcription & Reporting, Inc. [fdc] (Entered: 02/11/2013)
432013-02-15 MEMORANDUM AND/OR OPINION SETTING FORTH THE REASONS WHY THIS MATTER HAS NOW BEEN CONCLUDED. AN APPROPRIATE ORDER FOLLOWS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/15/13. 2/15/13 ENTERED AND COPIES E-MAILED.(rab, ) (Entered: 02/15/2013)
442013-02-15 ORDERED THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 25) IS DENIED. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 21) IS GRANTED. DEFENDANTS' MOTION TO STAY (DOCKET NO. 29) IS RESOLVED AS WITHDRAWN. JUDGMENT IS ENTERED FOR CINCINNATI AND AGAINST DEVON. THE CLERK OF THE COURT SHALL MARK THIS CASE AS CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/15/13. 2/15/13 ENTERED AND COPIES E-MAILED.(rab, ) (Entered: 02/15/2013)
452013-02-15 JUDGMENT in favor of THE CINCINNATI INSURANCE COMPANY against DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/15/13. 2/15/13 ENTERED AND COPIES E-MAILED.(rab, ) (Entered: 02/15/2013)
462013-03-01 NOTICE OF APPEAL as to 44 Order (Memorandum and/or Opinion), by DEVON INTERNATIONAL GROUP, INC., DEVON INTERNATIONAL INDUSTRIES, INC., DEVON INTERNATIONAL, INC., DEVON IT, INC. Copies to Judge, Clerk USCA, Appeals Clerk and Certificate of Service.. (CROWLEY, PAUL) Modified on 3/4/2013 (nd, ). (Entered: 03/01/2013)
472013-03-01 Clerk's Notice to USCA re 46 Notice of Appeal, : (jmf, ) (Entered: 03/04/2013)