Case Details

CourtEastern District of Pennsylvania
Docket number2:03-cv-01552
Date case filed2003-03-13
Date case closed2011-02-10
Date of latest filing
Assigned toHONORABLE LAWRENCE F. STENGEL
Case cause28:1332 Diversity-Breach of Contract
Nature of suit110 Contract: Insurance
Jury demandNone
Demand
JurisdictionDiversity

Case Parties

Party: ASTENJOHNSON, INC.
Party type: Plaintiff
Attorney name: JOHN N. ELLISON
Attorney Contact:
REED SMITH LLP
2500 ONE LIBERTY PL
1650 MARKET ST
PHILA, PA 19103-7301
215-241-1210
Fax: 215-851-1420
Email: [email protected]
TERMINATED: 03/25/2010 LEAD ATTORNEY

Attorney name: MICHAEL CONLEY
Attorney Contact:
OFFIT KURMAN PA
1801 MARKET ST
TEN PENN CENER STE 2300
PHILADELPHIA, PA 19103
Fax: 267-299-7135
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: RHONDA D. ORIN
Attorney Contact:
ANDERSON KILL L.L.P.
1717 PENNSYLVANIA AVE NW
SUITE 200
WASHINGTON, DC 20006
202-416-6500
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: ROBERT C. HEIM
Attorney Contact:
DECHERT
4000 BELL ATLANTIC TWR
1717 ARCH STREET
PHILADELPHIA, PA 19103-7301
215-994-2570
Fax: 215-994-2222
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: ALEXANDER BILUS
Attorney Contact:
DECHERT LLP
CIRA CENTRE
2929 ARCH ST
PHILADELPHIA, PA 19104
215-994-2608
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: JOHN S. GHOSE
Attorney Contact:
U.S. ATTORNEY'S OFFICE
615 CHESTNUT ST SUITE 1250
PHILADELPHIA, PA 19106
215-861-8705
Email: [email protected]
TERMINATED: 05/26/2010

Attorney name: WILLIAM H. PILLSBURY
Attorney Contact:
OFFIT KURMAN PA
1801 MARKET ST
TEN PENN CENER STE 2300
PHILADELPHIA, PA 19103
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: COLUMBIA CASUALTY COMPANY
Party type: Defendant
TERMINATED: 12/08/2010
Attorney name: JAY I. MORSTEIN
Attorney Contact:
HANGLEY, ARONCHICK, SEGAL & PUDLIN
ONE LOGAN SQUARE
27TH FLOOR
PHILADELPHIA, PA 19103
215-568-6200
Email: [email protected]
TERMINATED: 12/08/2010 LEAD ATTORNEY

Attorney name: NICOLE J. ROSENBLUM
Attorney Contact:
HANGLEY ARONCHICK SEGAL & PUDLIN
ONE LOGAN SQUARE
27TH FLOOR
PHILADELPHIA, PA 19103
215-496-7020
Fax: 215-851-7022
Email: [email protected]
TERMINATED: 12/08/2010 LEAD ATTORNEY

Attorney name: RONALD P. SCHILLER
Attorney Contact:
HANGLEY ARONCHICK SEGAL & PUDLIN
ONE LOGAN SQUARE
27TH FLOOR
PHILADELPHIA, PA 19103
215-496-7020
Fax: 215-851-1020
Email: [email protected]
TERMINATED: 12/08/2010 LEAD ATTORNEY
Party: AMERICAN INSURANCE COMPANY
Party type: Defendant
Attorney name: ANTHONY LAPORTA
Attorney Contact:
RIVKIN, RADLER, LLP.
COURT PLAZA SOUTH , 1ST FL
21 MAIN ST.
HACKENSACK, NJ 07601
201-287-2470
TERMINATED: 05/04/2009 LEAD ATTORNEY

Attorney name: GARY D. CENTOLA
Attorney Contact:
RIVKIN, RADLER AND KREMER
926 REX CORP PLAZA
UNIONDALE, NY 11556
516-357-3486
Fax: 516-357-3333
TERMINATED: 05/04/2009 LEAD ATTORNEY

Attorney name: JEFFREY KAUFMAN
Attorney Contact:
KAUFMAN & LOGAN LLP
100 SPEAR ST., 12TH FL
SAN FRANCISCO, CA 94105
415-247-8300
TERMINATED: 03/02/2007 LEAD ATTORNEY

Attorney name: LISA G. ROWE
Attorney Contact:
KAUFMAN & LOGAN LLP
100 SPEAR ST., 12TH FL
SAN FRANCISCO, CA 94105
415-247-8300
TERMINATED: 03/02/2007 LEAD ATTORNEY

Attorney name: PAUL A. PETERS
Attorney Contact:
KAUFMAN & LOGAN
100 SPEAR STREET
12TH FLOOR
SAN FRANCISCO, CA 94105
415-247-8300
Fax: 415-247-8310
Email: [email protected]
TERMINATED: 03/02/2007 LEAD ATTORNEY

Attorney name: SUSAN SIMPSON BROWN
Attorney Contact:
KOCH & DEMARCO
101 GREENWOOD AVE
JENKINTOW PLAZA
JENKINTOWN, PA 19046
215-881-2280
Fax: 215-881-2200
Email: [email protected]
TERMINATED: 09/28/2006 LEAD ATTORNEY

Attorney name: WILLIAM P. SHELLEY
Attorney Contact:
GORDON & REES LLP
2005 MARKET ST SUITE 2900
ONE COMMERCE SQ
PHILADELPHIA, PA 19103
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: ILAN ROSENBERG
Attorney Contact:
GORDON & REES
2005 Market Street
Suite 2900
PHILADELPHIA, PA 19103
215-717-4026
Fax: 215-693-6650
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: JACOB C. COHN
Attorney Contact:
COZEN O'CONNOR
1900 MARKET STREET
PHILADELPHIA, PA 19103
215-665-2000
Fax: 215-665-2013
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: RONALD P. SCHILLER
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: SUSAN SIMPSON BROWN
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: WENDY H. KOCH
Attorney Contact:
KOCH AND CORBOY
101 GREENWOOD AVENUE
# 460
JENKINTOWN, PA 19046
215-881-2280
Email: [email protected]
TERMINATED: 09/29/2006
Party: ERIE INSURANCE COMPANY
Party type: Movant
TERMINATED: 11/02/2004
Attorney name: MICHAEL J. SMITH
Attorney Contact:
STEWART BERNSTIEL REBAR & SMITH
470 NORRISTOWN RD STE 201
BLUE BELL, PA 19422
484-344-5320
Fax: 484-344-5341
Email: [email protected]
TERMINATED: 11/02/2004 LEAD ATTORNEY
Party: COLUMBIA CASUALTY COMPANY
Party type: Counter Claimant
TERMINATED: 12/08/2010
Attorney name: RONALD P. SCHILLER
Attorney Contact:
(See above for address)
TERMINATED: 12/08/2010
Party: ASTENJOHNSON, INC.
Party type: Counter Defendant
Attorney name: ROBERT C. HEIM
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: ALEXANDER BILUS
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: JOHN S. GHOSE
Attorney Contact:
(See above for address)
TERMINATED: 05/26/2010

Attorney name: MICHAEL CONLEY
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12003-03-13 COMPLAINT against AMERICAN INSURANCE COMPANY, COLUMBIA CASUALTY COMPANY ( Filing fee $ 150 receipt number 884321.), filed by ASTENJOHNSON, INC..(ti, ) (Entered: 03/13/2003)
22003-05-07 NOTICE of Appearance by RONALD P. SCHILLER on behalf of COLUMBIA CASUALTY COMPANY with Certificate of Service (tj, ) Additional attachment(s) added on 5/8/2003 (td, ). (Entered: 05/08/2003)
32003-05-20 STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFENDANT AMERICAN INSURANCE COMPANY MAY ANSWER, OBJECT OR OTHERWISE PLEAD TO THE COMPLAINT IN THE ABOVE-CAPTIONED CASE IS HEREBY EXTENDED FOR THIRTY (30) DAYS UNTIL 6/15/2003. NO PRIOR EXTENSIONS HAVE BEEN GRANTED.SIGNED BY JUDGE LEGROME D. DAVIS ON 5/20/03. 5/21/03 ENTERED AND COPY MAILED AND COPIES FAXED BY CHAMBERS ON 5/20/03.(cdd, ) (Entered: 05/21/2003)
42003-06-16 ANSWER to Complaint together with Counterclaim Against PLAINTIFF by COLUMBIA CASUALTY COMPANY with Affirmative Defenses, Certificate of Service. (SCHILLER, RONALD) Modified on 6/17/2003 (np). (Entered: 06/16/2003)
52003-06-16 ANSWER to Complaint with Affirmative Defenses by AMERICAN INSURANCE COMPANY, certificate of Service. (Attachments: # 1 Certificate of Service)(cdd, ) (Entered: 06/17/2003)
62003-07-22 NOTICE of Hearing:PRETRIAL CONFERENCE SET FOR 8/14/2003 04:00 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE LEGROME D. DAVIS. (imi) (Entered: 07/22/2003)
72003-08-08 Defendant's Initial Disclosures Pursuant to Fed.R.Civ.P. 26(a)1 by AMERICAN INSURANCE COMPANY, Certificate of Service.(ar, ) (Entered: 08/08/2003)
82003-08-12 MOTION FOR PRO HAC VICE ADMISSION OF PAUL PETERS FILED BY AMERICAN INSURANCE COMPANY,CERTIFICATE OF SERVICE.(ar, ) (Entered: 08/12/2003)
92003-08-14 ORDER THAT THE MOTION OF DEFENDANT, AMERICAN INSURANCE COMPANY, FOR THE PRO HAC VICE ADMISSION OF PAUL PETERS IN THIS LAWSUIT IS HEREBY GRANTED.SIGNED BY JUDGE LEGROME D. DAVIS ON 8/13/03.8/14/03 ENTERED AND COPIES MAILED AND FAXED. (cdd, ) (Entered: 08/14/2003)
102003-09-03 ORDER THAT THE CLERK SHALL REFER THIS MATTER TO THE HON. DIANE M. WELSH, U.S. MAGISTRATE JUDGE, FOR A SETTLEMENT CONFERENCE. THE DATE AND TIME FOR THE SETTLEMENT CONFERENCE SHALL BE SET BY JUDGE WELSH.SIGNED BY JUDGE LEGROME D. DAVIS ON 8/26/03. 9/4/03 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 09/04/2003)
112003-09-23 ORDER THAT THE 8/26/03 ORDER REFERRING THIS MATTER TO THE HON. DIANE M. WELSH, U.S. MAGISTRATE JUDGE, FOR A SETTLEMENT CONFERENCE IS VACATED.SIGNED BY JUDGE LEGROME D. DAVIS ON 9/22/03. 9/23/03 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 09/23/2003)
122003-09-23 ORDER THAT THE PARTIES ARE DIRECTED TO FILE THEIR PROPOSED JOINT CASE MANAGEMENT ORDER AND PROPOSED CONFIDENTIALITY ORDER BY 10/3/03.SIGNED BY JUDGE LEGROME D. DAVIS ON 9/22/03. 9/23/03 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 09/23/2003)
132003-10-15 STIPULATION AND JOINT CASE MANAGEMENT ORDER THAT FACT DISCOVERY TO BE COMPLETED BY 4/14/04; EXPERT DISCOVERY TO BE COMPLETED BY 7/12/04; DISPOSITIVE MOTIONS MAY BE FILED AS THE PARTIES DEEM APPROPRIATE, BUT NOT LATER THAN 7/26/04, AND THESE CASES WILL BE READY FOR TRIAL ON OR AFTER 8/23/04, CERTIFICATE OF SERVICE, ETC.SIGNED BY JUDGE LEGROME D. DAVIS ON 10/13/03. 10/15/03 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) Modified on 10/15/2003 (cdd, ). (Entered: 10/15/2003)
142003-10-15 STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL DOCUMENTS.SIGNED BY JUDGE LEGROME D. DAVIS ON 10/13/03. 10/15/03 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 10/15/2003)
152004-02-12 MOTION FILED BY COLUMBIA CASUALTY COMPANY FOR ADMISSION PRO HAC VICE OF JAY I. MORSTEIN, ESQUIRE, CERTIFICATE OF SERVICE.(cdd, ) (Entered: 02/13/2004)
162004-02-17 ORDER THAT DEFENDANT, COLUMBIA CASUALTY COMPANY'S MOTION FOR THE PRO HAC VICE ADMISSION OF JAY I. MORSTEIN, ESQ. IS GRANTED. SIGNED BY JUDGE LEGROME D. DAVIS ON 2/17/04.2/18/04 ENTERED AND COPIES MAILED. (fdc) (Entered: 02/18/2004)
172004-03-11 ORDER THAT FACT DISCOVERY SHALL BE COMPLETED BY 7/16/04; EXPERT DISCOVERY SHALL BE COMPLETED BY 10/15/04, AND DISPOSITIVE MOTIONS MAY BE FILED AS THE PARTIES DEEM APPROPRIATE, BUT NOT LATER THAN 10/29/04.SIGNED BY JUDGE LEGROME D. DAVIS ON 3/10/04. 3/11/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 03/11/2004)
182004-04-27 MOTION to Compel Production of Documents filed by COLUMBIA CASUALTY COMPANY.Order, Motion, Certificate of Good Faith, Certificate of Service and Exhibits.(SCHILLER, RONALD) (Entered: 04/27/2004)
192004-05-26 ORDER THAT DEFENDANTS' MOTION TO COMPEL IS GRANTED. PLAINTIFF ASTENJOHNSON, INC. IS ORDERED TO PRODUCE DOCUMENTS RESPONSIVE TO COLUMBIA'S REQUESTS FOR PRODUCTION WITHIN TEN (10) DAYS OF THE DATE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO SUPPLEMENT ITS ANSWERS TO INTERROGATORIES 1, 2, 3, 4, 9, 10, 11, 18 AND 19 WITHIN TEN (10) DAYS OF THE DATE OF THIS ORDER.SIGNED BY JUDGE LEGROME D. DAVIS ON 5/26/04.5/26/04 ENTERED AND COPIES MAILED AND FAXED. (cdd, ) (Entered: 05/26/2004)
202004-06-04 MOTION TO COMPEL DISCOVERY AGAINST DEFENDANT COLUMBIA CASUALTY COMPANY FILED BY ASTENJOHNSON, INC., MEMORANDUM, AFFIDAVIT, CERTIFICATE OF SERVICE.(mar, ) Additional attachment(s) added on 6/7/2004 (cdd, ). (Entered: 06/07/2004)
212004-06-21 STIPULATION AND ORDER THAT THE TIME IN WHICH COLUMBIA SHALL HAVE TO RESPOND TO PLAINTIFF'S MOTION TO COMPLE DISCOVERY IS EXTENDED TWO DAYS UP TO AND INCLUDING 6/23/04, ETC.SIGNED BY JUDGE LEGROME D. DAVIS ON 6/18/04. 6/21/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 06/21/2004)
222004-06-23 Opposition re 20 MOTION to Compel Discovery filed by COLUMBIA CASUALTY COMPANY, Memorandum, Certificate of Service. (SCHILLER, RONALD) Modified on 6/24/2004 (np). (Entered: 06/23/2004)
232004-06-25 Objections by ERIE INSURANCE COMPANY to Subpoena For Documents Served by Plaintiff AstenJohnson, Inc., Certificate of Service. (cdd, ) (Entered: 06/28/2004)
242004-07-01 MOTION FILED BY ASTENJOHNSON, INC. FOR LEAVE TO FILE REPLY MEMORANDUM IN FURTHER SUPPORT OF MOTION TO COMPEL DISCOVERY AGAINST DEFENDNAT COLUMBIA CASUALTY COMPANY, CERTIFICATE OF SERVICE. (signed Reply Memorandum attached) (Attachments: # 1 signed Reply Memorandum # 2 Exhibits # 3 Exhibits)(cdd, ) (Entered: 07/02/2004)
252004-07-01 ORDER THAT A CONFERENCE ON ALL OUTSTANDING SCHEDULING & DISCOVERY ISSUES IN THIS MATTER SHALL BE HELD ON 6/29/2004 AT 5:00 P.M. BEFORE THE HON. LEGROME D. DAVIS IN CHAMBERS, ROOM 5918, ETC. SIGNED BY JUDGE LEGROME D. DAVIS ON 6/28/04. 7/2/04 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 6/28/04.(kw, ) (Entered: 07/02/2004)
262004-08-03 ORDER THAT THIS CASE IS REASSIGNED FROM JUDGE LEGROME D. DAVIS TO JUDGE LAWRENCE F. STENGEL FOR ALL FURTHER PROCEEDINGS. ( SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ON 8/3/04. ) 8/3/04 ENTERED AND COPIES MAILED AND FAXED.(gn, ) (Entered: 08/03/2004)
272004-08-02 REVISED CASE MANAGEMENT ORDER THAT FACTUAL DISCOVERY SHALL BE COMPLETED BY 11/1/2004, ETC. DISPOSITIVE MOTIONS DUE BY 3/1/2005. SIGNED BY JUDGE LEGROME D. DAVIS ON 7/30/04. 8/3/04 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 08/03/2004)
282004-08-06 ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE A REPLY MEMORANDUM IN FURTHER SUPPORT OF THE MOTION TO COMPEL DISCOVERY AGAINST DEFENDANT IS GRANTED . SIGNED BY JUDGE LAWRENCE F. STENGEL ON 8/5/04.8/6/04 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (mar, ) (Entered: 08/06/2004)
292004-08-06 REPLY MEMORANDUM in Further Support of MOTION to Compel Discovery Against Defendant COLUMBIA CASUALTY COMPANY filed by ASTENJOHNSON, INC.(See PDF attached to paper #24). (mar, ) (Entered: 08/09/2004)
302004-08-10 NOTICE of Hearing: STATUS CONFERENCE SET FOR 8/19/2004 AT 10:00 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE LAWRENCE F. STENGEL. (pac,) (Entered: 08/10/2004)
312004-08-18 SCHEDULING ORDER THAT THE DISCOVERY COMPLETION DATE WILL REMAIN AS 11/1/04; DISPOSITIVE MOTIONS ARE DUE ON OR BEFORE 4/15/05, AND A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 6/6/05 AT 9:30 A.M., ETC.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 8/18/04. 8/19/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 08/19/2004)
322004-09-28 ORDER THAT PLAINTIFF'S MOTION TO COMPEL DISCOVERY AGAINST DEFENDANT, COLUMBIA CASUALTY COMPANY IS GRANTED IN PART AND DENIED IN PART AS OUTLINED IN THIS ORDER. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 9/28/04. 9/29/04 ENTERED AND COPIES MAILED AND FAXED.(stb, ) (Entered: 09/29/2004)
332004-10-07 MOTION TO COMPEL NON-PARTY COMPLIANCE WITH SUBPOENA DUCES TECUM AGAINST ERIE INSURANCE COMPANYBY ASTENJOHNSON, INC. MEMORANDUM, AFFIDAVIT, CERTIFICATE OF SERVICE.(stb, ) Additional attachment(s) added on 10/13/2004 (stb, ). (Entered: 10/08/2004)
342004-10-07 MOTION TO COMPEL NON-PARTY COMPLIANCE WITH SUBPOENA DUCES TECUM BY ASTENJOHNSON, INC. MEMORANDUM, CERTIFICATE OF SERVICE, AFFIDAVIT.(stb, ) Additional attachment(s) added on 10/13/2004 (stb, ). (Entered: 10/08/2004)
352004-10-12 PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT FILED BY ASTENJOHNSON, INC. CERTIFICATE OF SERVICE, MEMORANDUM OF LAW, AFFIDAVIT, EXHIBITS(ONE VOLUME).(wgc, ) Additional attachment(s) added on 10/19/2004 (wgc, ). (Entered: 10/13/2004)
362004-10-13 EXHIBITS in Support of the Affidavit of JOHN N. ELLISON, Filed in Support of Plaintiff's Motion for Partial Summary Judgment as to the Asbestosis Exclusion on 10/12/04 by ASTENJOHNSON, INC. Certificate of Service.(stb, ) (Entered: 10/14/2004)
372004-10-29 STIPULATION AND ORDER THAT THE TIME FOR THE DEFENDANTS TO RESPOND TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS EXTENDED TO 11/12/04. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 10/28/04. 10/29/04 ENTERED AND COPIES E-MAILED AND FAXED.(stb, ) (Entered: 10/29/2004)
382004-11-02 ORDER THAT PLAINTIFF'S MOTION TO COMPEL NON-PARTY COMPLIANCE WITH SUBPOENA DUCES TECUM AGAINST ROCKWOOD INSURANCE COMPANY, INSURANCE COMPANY OF NORTH AMERICA, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, AND ONE BEACON INSURANCE COMPANY IS GRANTED.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 11/2/04.11/3/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (cdd, ) Modified on 11/3/2004 (cdd, ). (Entered: 11/03/2004)
392004-11-02 ORDER THAT UPON CONSIDERATION OF PLAINTIFF'S MOTION TO COMPEL NON-PARTY COMPLIANCE WITH SUBPOENA DUCES TECUM AGAINST ERIE INSURANCE COMPANY, PLAINTIFF'S MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS PURSUANT TO DOCUMENT REQUEST #1 IS DENIED; AND PLAINTIFF'S MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS PURSUANT TO DOCUMENT REQUEST #2 IS GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 11/2/04.11/3/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (cdd, ) (Entered: 11/03/2004)
402004-11-04 NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 11/10/2004 AT 2:00 PM BEFORE HONORABLE LAWRENCE F. STENGEL. COUNSEL FOR THE PLAINTIFF SHALL INITIATE THE CONFERENCE CALL.(pac,) (Entered: 11/04/2004)
412004-11-05 MOTION FILED BY ASTENJOHNSON, INC. TO ENFORCE THE COURT'S 9/22/04 ORDER TO AWARD SANCTIONS AGAINST DEFENDANT COLUMBIA CASUALTY COMPANY, MEMORANDUM, CERTIFICATE OF COUNSEL, AFFIDAVIT OF MICHAEL CONLEY, ESQUIRE, CERTIFICATE OF SERVICE. (Attachments: # 1 Affidavit of Michael Conley, Esq. and Exhibit A# 2 Exhibit B# 3 Exhibit B, contd. and part of Exhibit C# 4 Exhibit C, contd. and part of Exhibit D# 5 Exhibit D, contd. Part I# 6 Exhibit D, contd. Part II, part of Exhibit E# 7 Exhibit E, contd., Exhibit F# 8 Exhibit G, H, and I)(cdd, ) Modified on 11/5/2004 (cdd, ). (Entered: 11/05/2004)
422004-11-05 MOTION FILED BY ASTENJOHNSON, INC. TO LIMIT DEFENSES AND MOTION TO COMPEL RESPONSES TO PLAINTIFF'S SECOND SET OF INTERROGATORIES AND SECOND REQUEST FOR PRODUCTION OF DOCUMENTS, MEMORANDUM, CERTIFICATE OF COUNSEL, AFFIDAVIT OF MICHAEL CONLEY, ESQUIRE, CERTIFICATE OF SERVICE.(cdd, ) Additional attachment(s) added on 11/10/2004 (cdd, ). (Entered: 11/05/2004)
432004-11-10 ORDER THAT THE COURT'S ORDER DATED 11/2/04 AND ENTERED ON 11/3/04 DENYING ASTENJOHNSON INC.'S MOTION TO COMPEL NON-PARTY COMPLIANCE WITH SUBPOENA DUCES TECUM AGAINST ERIE INSURANCE COMPANY WITH RESPECT TO DOCUMENT REQUEST #1 AND GRANTING ASTENJOHNSON INC.'S MOTION TO COMPEL NON-PARTY COMPLIANCE WITH SUBPOENA DUCES TECUM AGAINST ERIE INSURANCE COMPANY WITH RESPECT TO DOCUMENT REQUEST #2 IS HEREBY VACATED.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 11/10/04. 11/10/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 11/10/2004)
442004-11-10 Minute Entry for Telephone Conference held on 11/10/04 held before Judge LAWRENCE F. STENGEL. (cdd, ) (Entered: 11/10/2004)
452004-11-10 ORDER THAT A CONFERENCE TO DISCUSS OUTSTANDING DISCOVERY MOTIONS AND DEFENDANT'S MOTION FOR LEAVE TO AMEND WILL BE HELD ON 12/3/04 AT 1:30 P.M. IN THE U.S. DISTRICT COURT STATION IN READING, IN THE 4TH FLOOR COURTROOM. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 11/10/04. 11/12/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(cdd, ) (Entered: 11/12/2004)
462004-11-12 RESPONSE to Motion re 35 MOTION for Partial Summary Judgment filed by AMERICAN INSURANCE COMPANY, Affidavit, Certificate of Service. (Attachments: # 1 Affidavit # 2 Affidavit # 3 Affidavit # 4 Affidavit # 5 Affidavit)(KOCH, WENDY) Modified on 11/16/2004 (fh, ). (Entered: 11/12/2004)
472004-11-12 Opposition TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO THE "ASBESTOSIS EXCLUSION" filed by COLUMBIA CASUALTY COMPANY, Memorandum, Certificate of Service. (EXHIBITS UNDER SEAL) (np) Modified on 11/15/2004 (np). Additional attachment(s) added on 11/22/2004 (cdd, ). (Entered: 11/15/2004)
482004-11-15 MOTION FILED BY COLUMBIA CASUALTY COMPANY FOR LEAVE TO AMEND ITS ANSWER TO ADD A COUNTERCLAIM FOR RESCISSION, MEMORANDUM, CERTIFICATE OF SERVICE, DECLARATION OF NICOLE J. ROSENBLUM, ESQUIRE WITH EXHIBITS ATTACHED.(cdd, ) Additional attachment(s) added on 11/22/2004 (cdd, ). (Entered: 11/16/2004)
492004-11-17 First MOTION to Amend/Correct 5 Answer to Complaint filed by AMERICAN INSURANCE COMPANY.memorandum,certificate of service,affidavit. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(SIMPSON BROWN, SUSAN) (Entered: 11/17/2004)
502004-11-16 MOTION FILED BY COLUMBIA CASUALTY COMPANY TO COMPEL DEPOSITION TESTIMONY AND PRODUCTION OF DOCUMENTS FROM ASTENJOHNSON, CERTIFICATE OF GOOD FAITH, MEMORANDUM, CERTIFICATE OF SERVICE, EXHIBITS A AND B. (Attachments: # 1 Exhibit Exhibits C through J, Certificate of Service)(cdd, ) (Entered: 11/17/2004)
512004-11-19 RESPONSE in Opposition re 41 MOTION to Enforce the Court's 9/22/04 Order filed by COLUMBIA CASUALTY COMPANY, Memorandum, Declaration, Certificate of Service. (SCHILLER, RONALD) Modified on 11/22/2004 (np). (Entered: 11/19/2004)
522004-11-19 Opposition filed by COLUMBIA CASUALTY COMPANY to Plaintiff's Motion to Limit Defenses and Evidence and Motion to Compel Responses to Plaintiff's Second Set of Interrogatories and Second Request for Production of Documents, Certificate of Service. (cdd, ) (Entered: 11/22/2004)
532004-11-19 EXHIBITS by COLUMBIA CASUALTY COMPANY to Opposition to Plaintiff's Motion to Limit Defenses and Evidence. (FILED UNDER SEAL) (cdd, ) Modified on 11/22/2004 (cdd, ). (Entered: 11/22/2004)
542004-11-22 RESPONSE in Opposition re 42 MOTION to Compel MOTION MOTION filed by AMERICAN INSURANCE COMPANY, Memorandum, Certificate of Service. (Attachments: # 1 Certificate of Service # 2 Exhibit # 3 Exhibit) (SIMPSON BROWN, SUSAN) Modified on 11/24/2004 (np). (Entered: 11/22/2004)
552004-11-30 RESPONSE to Motion re 50 MOTION to Compel filed by ASTENJOHNSON, INC., Memorandum, Certificate of Service. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13) (CONLEY, MICHAEL) Modified on 12/1/2004 (np). (Entered: 11/30/2004)
562004-11-30 RESPONSE in Support re 35 MOTION for Partial Summary Judgment In Further Support of Motion For Partial Summary Judgment As To The "Asbestosis Exclusion" Against Defendant American Insurance Company filed by ASTENJOHNSON, INC., Certificate of Service. (CONLEY, MICHAEL) Modified on 12/1/2004 (np). (Entered: 11/30/2004)
572004-11-30 Opposition to American Insurance Company's Motion re 48 MOTION for Leave to File an Amended Answer and Counterclaim for Rescission filed by ASTENJOHNSON, INC. Memorandum of Law, Affidavit, Certificate of Service, Proposed Order. (tjd) (Entered: 12/01/2004)
582004-11-30 Opposition to Columbia Casualty Company's Motion re 48 MOTION for Leave to File an Amended Answer and Counterclaim for Rescission filed by ASTENJOHNSON, INC. Memorandum of Law, Affidavit, Certificate of Service, Proposed Order. (tjd) (Entered: 12/01/2004)
592004-11-30 Memorandum of Law in Support of Motion to Enforce the Court's September 28, 2004 Order and to Award Sanctions Against Defendant Columbia Caualty Company filed by ASTENJOHNSON, INC. Certificate of Service. (tjd) (Entered: 12/01/2004)
602004-11-30 Reply Brief in Further Support of Motion re 35 MOTION for Partial Summary Judgment as to the "Asbestosis Exclusion" filed by ASTENJOHNSON, INC. Certificates of Service, Affidavit, Exhibits. (tjd) (Entered: 12/01/2004)
612004-12-02 MOTION FILED BY ASTENJOHNSON, INC. FOR LEAVE TO FILE A REPLY MEMORANDUM IN FURTHER SUPPORT OF ITS MOTION TO LIMIT DEFENSES AND EVIDENCE AND MOTION TO COMPEL RESPONSES TO PLAINTIFF'S SECOND SET OF INTERROGATORIES AND SECOND REQUEST FOR PRODUCTION OF DOCUMENTS, CERTIFICATE OF SERVICE. (signed Reply Memorandum attached as Exhibit A) (cdd, ) Modified on 12/3/2004 (cdd, ). (Entered: 12/03/2004)
622004-12-06 Minute Entry for Discovery Conference Proceeding held on 12/6/2004 before Judge LAWRENCE F. STENGEL. Court Reporter: ESR. Plaintiff's Motion to Enforce Order and to Award Sanctions, counsel argue and respond, Court denies both motions. Plaintiff's Motion to Limit Defenses and to Compel Responses, counsel argue and respond, Court denied both motions. Defendant's Motion to Compel Deposition Testimony and Production of Documents, counsel argue and respond; Motion to Compel Deposition moot by agreement of counsel. Court grants Motion for Production of Documents. (cdd, ) (Entered: 12/06/2004)
632004-12-06 ORDER THAT ASTENJOHNSON INC.'S MOTION TO ENFORCE THE COURT 9/28/04 ORDER AND AWARD SANCTIONS AGAINST COLUMBIA CASUALTY CO. IS DENIED.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 12/6/04.12/7/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (cdd, ) (Entered: 12/07/2004)
642004-12-06 ORDER THAT ASTENJOHNSON'S MOTION TO LIMIT DEFENSES AND EVIDENCE AND MOTION TO COMPEL RESPONSES TO ITS SECOND SET OF INTERROGATORIES AND SECOND SET OF REQUEST FOR PRODUCTION OF DOCUMENTS ARE DENIED.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 12/6/04.12/7/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (cdd, ) (Entered: 12/07/2004)
652004-12-06 ORDER THAT COLUMBIA CASUALTY CO.'S MOTION TO COMPEL IS GRANTED IN PART AND DENIED IN PART. COLUMBIA CASUALTY CO.'S REQUEST FOR THE PRODUCTION OF DOCUMENTS REQUESTED IN ITS FOURTH SET OF DOCUMENT REQUESTS IS GRANTED. ASTENJOHNSON, INC. IS ORDERED TO PRODUCE SAID DOCUMENTS WITHIN TWENTY (20) DAYS OF THE FILING OF THIS ORDER. COLUMBIA CASUALTY CO.'S REQUEST FOR THE PRODUCTION OF ASTENJOHNSON, INC.'S OFFICERS AND/OR EMPLOYEES FOR DEPOSITIONS IS DENIED AS MOOT.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 12/6/04.12/7/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (cdd, ) (Entered: 12/07/2004)
662004-12-06 ORDER THAT AMERICAN INSURANCE CO.'S MOTION FOR LEAVE TO AMEND ITS ANSWER TO INCLUDE COUNTERCLAIMS FOR RESCISSION AND REFORMATION IS GRANTED.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 12/6/04.12/7/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (cdd, ) (Entered: 12/07/2004)
672004-12-06 ORDER THAT COLUMBIA CASUALTY CO.'S MOTION FOR LEAVE TO AMEND ITS ANSWER TO ADD A COUNTERCLAIM FOR RESCISSION IS GRANTED.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 12/6/04.12/7/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (cdd, ) (Entered: 12/07/2004)
682004-12-06 ORDER THAT ASTENJOHNSON'S MOTION FOR LEAVE TO FILE A REPLY MEMORANDUM IN FURTHER SUPPORT OF ITS MOTION TO LIMIT DEFENSES AND EVIDENCE AND MOTION TO COMPLE RESPONSES TO ITS SECOND SET OF INTERROGATORIES AND SECOND REQUEST FOR PRODUCTION OF DOCUMENTS IS DENIED AS MOOT.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 12/6/04.12/7/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (cdd, ) (Entered: 12/07/2004)
692004-12-06 Amended ANSWER to Complaint together with Affirmative Defenses and Claim for Reformation or Rescission by AMERICAN INSURANCE COMPANY.(cdd, ) (Entered: 12/07/2004)
702004-12-06 Minute Entry for Pretrial Conference held on 12/3/04 before Judge LAWRENCE F. STENGEL and counsel. (cdd, ) (Entered: 12/07/2004)
712004-12-07 AMENDED ANSWER to Complaint AFFIRMATIVE DEFENSES, COUNTERCLAIM against ASTENJOHNSON, INC. by COLUMBIA CASUALTY COMPANY.(SCHILLER, RONALD) (Entered: 12/07/2004)
722004-12-16 MOTION for Reconsideration re 66 Order on Motion to Amend/Correct,, 67 Order on Motion for Leave to File, 32 Order,, 65 Order on Motion to Compel,, filed by ASTENJOHNSON, INC..Memorandum, Affidavit, Certificate of Service. (Attachments: # 1 # 2 # 3 # 4 # 5)(CONLEY, MICHAEL) (Entered: 12/16/2004)
732004-12-20 TRANSCRIPT of Proceedings held on 12/3/04 before Judge STENGEL. Court Reporter: ESR. (gs, ) (Entered: 12/20/2004)
742004-12-22 RESPONSE to Motion re 72 MOTION for Reconsideration re 66 Order on Motion to Amend/Correct,, 67 Order on Motion for Leave to File, 32 Order,, 65 Order on Motion to Compel,, filed by COLUMBIA CASUALTY COMPANY. (SCHILLER, RONALD) (Entered: 12/22/2004)
752004-12-30 Response to Counterclaims by Columbia Casualty Company and Affirmative Defenses by ASTENJOHNSON, INC., Certificate of Service. (CONLEY, MICHAEL) Modified on 1/4/2005 (np). (Entered: 12/30/2004)
762004-12-30 Response to Counterclaims by American Insurance Company and Affiramtive Defenses by ASTENJOHNSON, INC., Certificate of Service. (CONLEY, MICHAEL) Modified on 1/4/2005 (np). (Entered: 12/30/2004)
772005-01-05 ORDER THAT PLAINTIFF'S MOTION FOR RECONSIDERATION IS DENIED.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 1/5/05.1/6/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (cdd, ) (Entered: 01/06/2005)
782005-01-06 ORDER THAT PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS DENIED AS PREMATURE.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 1/6/05.1/6/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (cdd, ) (Entered: 01/06/2005)
792005-01-11 AMENDED SCHEDULING ORDER THAT DISCOVERY SHALL BE COMPLETED BY 3/11/05; DISPOSITIVE MOTIONS ARE DUE ON OR BEFORE 7/15/05, WITH RESPONSES TO THOSE MOTIONS DUE IN THE TIME PERMITTED BY THE RULES; A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 9/12/05 AT 9:30 A.M. THE LOCATION OF THE CONFERENCE WILL BE PROVIDED BY THE DEPUTY CLERK AT A LATER DATE, AND THE CASE WILL BE PLACED IN THE TRIAL POOL NO LATER THAN ONE WEEK FOLLOWING THE FINAL PRETRIAL CONFERENCE. IT IS ESTIMATED THAT TRIAL WILL REQUIRE FIFTEEN (15) DAYS.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 1/11/05. 1/11/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(cdd, ) (Entered: 01/11/2005)
802005-03-03 AMENDED SCHEDULING ORDER THAT THIS COURT'S 1/11/05 SCHEDULING ORDER IS AMENDED AS FOLLOWS: DISCOVERY SHALL BE COMPLETED BY 4/15/05; DISPOSITIVE MOTIONS ARE DUE ON OR BEFORE 7/15/05, WITH RESPONSES TO THOS MOTIONS DUE IN THE TIME PERMITTED BY THE RULES, AND A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 9/15/05 AT 9:30 A.M. THE LOCATION OF THE CONFERENCE WILL BE PROVIDED BY THE DEPUTY CLERK AT A LATER DATE, ETC.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 3/3/05. 3/3/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(cdd, ) (Entered: 03/03/2005)
812005-03-31 MOTION to Compel dated March 31, 2005 filed by ASTENJOHNSON, INC..Certificate of Counsel and Certificate of Service.(CONLEY, MICHAEL) (Entered: 03/31/2005)
822005-04-07 Opposition re 81 MOTION to Compel dated March 31, 2005 filed by COLUMBIA CASUALTY COMPANY, Certificate of Service. (SCHILLER, RONALD) Modified on 4/8/2005 (np). (Entered: 04/07/2005)
832005-04-11 MOTION for Protective Order and/or to Quash Subpoena Directed to Eileen King Bower, Esquire filed by COLUMBIA CASUALTY COMPANY.Certification of Counsel; Certificate of Service.(SCHILLER, RONALD) (Entered: 04/11/2005)
842005-04-11 MOTION for Discovery Issuance of Letters Rogatory filed by AMERICAN INSURANCE COMPANY.Certificate of Service.(KOCH, WENDY) (Entered: 04/11/2005)
852005-04-14 ORDER THAT ASTENJOHNSON, INC.'S MOTION TO COMPEL IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: ASTENJOHNSON'S REQUEST FOR COLUMBIA'S COMPUTER FILE NOTES IS DENIED; ASTENJOHNSON'S REQUEST THAT EILEEN KING BOWER, ESQUIRE BE PRODUCED FOR DEPOSITION IS DENIED AS MOOT; ASTENJOHNSON'S REQUEST THAT COLUMBIA PRODUCE A FULL COPY OF THE 1980 COMMERCIAL LIABILITY UNDERWRITING GUIDE IS GRANTED; AND ASTENJOHNSON'S REQUEST THAT COLUMBIA PRODUCE COPIES OF THE DEPOSITIONS GIVEN BY DAVID SAYLES AND MORTON ZELMAN IN CAREY CANADA, INC. V. COLUMBIA CASUALTY CO. IS GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 4/14/05.4/14/05 ENTERED AND COPIES MAILED AND FAXED. (cdd, ) Modified on 4/14/2005 (cdd, ). Additional attachment(s) added on 4/15/2005 (cdd, ). (Entered: 04/14/2005)
862005-04-14 ORDER THAT COLUMIBA CASUALTY COMPANY'S MOTION FOR PROTECTIVE ORDER AND/OR TO QUASH SUBPOENA DIRECTED TO EILEEN KING BOWER, ESQ. IS DENIED AS MOOT.. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 4/14/05.4/14/05 ENTERED AND COPIES MAILED AND FAXED. (cdd, ) Additional attachment(s) added on 4/15/2005 (cdd, ). (Entered: 04/14/2005)
872005-04-14 Minute Entry for Telephone Conference held on 4/14/05 before Judge LAWRENCE F. STENGEL. (cdd, ) (Entered: 04/15/2005)
882005-04-18 RESPONSE to Motion re 84 MOTION for Discovery Issuance of Letters Rogatory filed by ASTENJOHNSON, INC., Certificate of Service. (CONLEY, MICHAEL) Modified on 4/20/2005 (np). (Entered: 04/18/2005)
892005-04-21 REPLY to Response to Motion re 84 MOTION for Discovery Issuance of Letters Rogatory filed by AMERICAN INSURANCE COMPANY. (Attachments: # 1 # 2 # 3)(BROWN, SUSAN) (Entered: 04/21/2005)
902005-05-05 Declaration Revised Letter Rogatory by AMERICAN INSURANCE COMPANY. (SIMPSON BROWN, SUSAN) (Entered: 05/05/2005)
912005-05-19 ORDER THAT AMERICAN INSURANCE COMPANY'S MOTION SEEKING ISSUANCE OF LETTER ROGATORY AND FOR LEAVE OF COURT TO DEPOSE R.A. WILSON BEYOND THE SCHEDULED DISCOVERY DEADLINE IS GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 05/19/05.05/20/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (ac, ) (Entered: 05/20/2005)
922005-07-07 ORDER THAT SUPPORTING BRIEFS FOR ANY SUMMARY JUDGMENT MOTIONS, AND BRIEFS FOR RESPONSES THERETO, MAY CONTAIN THIRTY (30) PAGES, NOT INCLUDING EXHIBITS. REPLY BRIEFS OF TEN (10) PAGES OR LESS MAY BE FILED WITHIN FIVE (5) DAYS AFTER THE FILING OF RESPONSES TO SUMMARY JUDGMENT MOTIONS.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 7/7/05. 7/7/05 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS; COPIES E-MAILED.(cdd, ) (Entered: 07/07/2005)
932005-07-07 AMENDED SCHEDULING ORDER THAT DISCOVERY SHALL BE COMPLETED BY 4/15/05, EXCEPT FOR THE DEPOSITION OF R.A. WILSON, WHICH WAS SCHEDULED TO GO FORWARD ON 6/29/05. DISPOSITIVE MOTIONS ARE DUE BY 8/1/05, WITH RESPONSES TO THOSE MOTIONS DUE IN THE TIME PERMITTED BY THE RULES, ETC.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 7/6/05. 7/7/05 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS; COPIES E-MAILED.(cdd, ) (Entered: 07/07/2005)
942005-07-12 Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Telephone Conference held on 07/05/05 (ac, ) (Entered: 07/13/2005)
952005-07-13 ORDER THAT A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 10/27/05 AT 9:30 IN ROOM 18316. THE TRIAL IN THIS MATTER WILL BEGIN ON 10/31/05 AT 9:30 A.M.; ETC.. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 7/13/05. 7/14/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(jl, ) (Entered: 07/14/2005)
962005-07-29 MOTION to Preclude or In Limine, Defendant Columbia Casaulty Company from Presenting Evidence of a Trade Custom or Usage Relating to the Term Asbestosis filed by ASTENJOHNSON, INC..Memorandum, Affidavit, Certificate of Counsel and Certificate of Service. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18)(ELLISON, JOHN) (Entered: 07/29/2005)
972005-08-01 MOTION for Partial Summary Judgment filed by AMERICAN INSURANCE COMPANY.Brief, Affidavit, Certifcate of Service. Exhibits are so lengthy that they are being sent by mail.. (Attachments: # 1 # 2 Affidavit # 3)(BROWN, SUSAN) (Entered: 08/01/2005)
982005-08-01 MOTION for Partial Summary Judgment filed by AMERICAN INSURANCE COMPANY.Brief, Affidavit and Certificate of Service. Exhibits are being filed by mail due to lenghth.. (Attachments: # 1 # 2 # 3)(BROWN, SUSAN) (Entered: 08/01/2005)
992005-08-01 MOTION for Partial Summary Judgment filed by AMERICAN INSURANCE COMPANY.Brief, Affidavit and Certificate of Service. Exhibits are being sent by mail due to length.. (Attachments: # 1 # 2 # 3)(BROWN, SUSAN) (Entered: 08/01/2005)
1002005-08-01 MOTION for Partial Summary Judgment Against American Insurance Company filed by ASTENJOHNSON, INC..Memorandum, Affidavit of John N. Ellison, Affidavit of Michael Conley, Certificate of Service, Statement of Undisputed Facts, Proposed Order. (Attachments: # 1 # 2 # 3 # 4)(ELLISON, JOHN) (Entered: 08/01/2005)
1012005-08-01 MOTION for Partial Summary Judgment Against Columbia Casualty Company filed by ASTENJOHNSON, INC..Memorandum, Affidavit of John N. Ellison, Affidavit of Michael Conley, Certificate of Service, Proposed Order, Statement of Undisputed Facts. (Attachments: # 1 # 2 # 3 # 4)(ELLISON, JOHN) (Entered: 08/01/2005)
1022005-08-01 MOTION FILED BY COLUMBIA CASUALTY COMPANY FOR SUMMARY JUDGMENT, (MEMORANDUM AND EXHIBITS FILED UNDER SEAL). (Attachments: # 1 Text of Proposed Order # 2 Text of Proposed Alternative Order)(cdd, ) (Entered: 08/02/2005)
1032005-08-01 EXHIBITS by ASTENJOHNSON, INC. to the Affidavit of John N. Ellison dated 8/1/05 in Support of Plaintiff's Motions for Partial Summary Judgment against Defendants Columbia Casualty Company and American Insurance Company, A thru II.(cdd, ) (Entered: 08/02/2005)
1042005-08-01 EXHIBITS by ASTENJOHNSON, INC. to the Affidavit of Michael Conley dated 8/1/05 in Support of Plaintiff's Motion for Partial Summary Judgment against Defendants Columbia Casualty Company and American Insurance Company, Volume I Exhibits 1 to 20.(cdd, ) (Entered: 08/02/2005)
1052005-08-01 EXHIBITS by ASTENJOHNSON, INC. to the Affidavit of Michael Conley dated 8/1/05 in Support of Plaintiff's Motion for Partial Summary Judgment against Defendants Columbia Casualty Company and American Insurance Company, Volume II, Exhibits 21 to 34.(cdd, ) (Entered: 08/02/2005)
1062005-08-01 EXHIBIT by ASTENJOHNSON, INC. to the Affidavit of Michael Conley dated 8/1/05 in Support of Plaintiff's Motion for Partial Summary Judgment against Defendants Columbia Casualty Company and American Insurance Company, Volume III, Exhibits 35 to 51.(cdd, ) (Entered: 08/02/2005)
1072005-08-01 EXHIBITS by ASTENJOHNSON, INC. to the Affidavit of Michael Conley dated 8/1/05 in Support of Plaintiff's Motion for Partial Summary Judgment against Defendants Columbia Casualty Company and American Insurance Company, Volume IV, Exhibits 52 to 64. (cdd, ) (Entered: 08/02/2005)
1082005-08-01 EXHIBITS by ASTENJOHNSON, INC. to the Affidavit of Michael Conley dated 8/1/05 in Support of Plaintiff's Motion for Partial Summary Judgment against Defendants Columbia Casualty Company and American Insurance Company, Volume V, Exhibits 65 to 69.(cdd, ) (Entered: 08/02/2005)
1092005-08-04 ORDER THAT DEFENDANTS' MOTION TO PRECLUDE OR IN LIMINE SHALL BE CONSIDERED A MOTION IN LIMINE. DEFENDANTS SHALL HAVE 14 DAYS FROM THE DATE OF THIS ORDER TO RESPOND TO PLAINTIFF'S MOTION. IT IS FURTHER ORDERED THAT ANY FURTHER MOTIONS IN LIMINE SHALL BE FILED NO EARLIER THAN 10/3/05 BUT NO LATER THAN 10/20/05.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 8/4/05. 8/5/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(cdd, ) (Entered: 08/05/2005)
1102005-08-04 EXHIBITS by COLUMBIA CASUALTY COMPANY Inadvertently Left Out of Its Motion for Summary Judgment, Certificate of Service. (FILED UNDER SEAL)(cdd, ) (Entered: 08/05/2005)
1112005-08-12 Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Pretrial Conference held on 8/12/05 (pr, ) (Entered: 08/12/2005)
1122005-08-12 ORDER THAT DEFENDANT AMERICAN INSURANCE COMPANY IS GRANTED LEAVE TO FILE THE THREE MOTIONS FOR PARTIAL SUMMARY JUDGMENT AS AN EXCEPTION TO CHAMBERS' POLICIES AND PROCEDURES II.C.4. IT IS FURTHER ORDERED THAT THE FILING DEADLINE FOR ALL RESPONSES TO THE MOTIONS FOR SUMMARY JUDGEMTN FILED BY ALL PARTIES SHALL BE EXTENDED TO 8/26/05. IT IS FURTHER ORDERED THAT THE FILING DEADLINE FOR ALL RESPONSES TO PLAINTIFF'S MOTION IN LIMINE, FILED ON 7/29/05, SHALL BE EXTENDED TO 9/9/05.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 8/12/05. 8/15/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(cdd, ) (Entered: 08/15/2005)
1132005-08-26 Opposition re 100 MOTION for Partial Summary Judgment Against American Insurance Company filed by AMERICAN INSURANCE COMPANY, Memorandum, Declaration, Certificate of Service. (Attachments: # 1 # 2)(KOCH, WENDY) Modified on 8/29/2005 (np). (Entered: 08/26/2005)
1142005-08-26 Copy of MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF ASTENJOHNSON'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST COLUMBIA filed by COLUMBIA CASUALTY COMPANY, DECLARATION, EXHIBITS VOLUME I AND II, CERTIFICATE OF SERVICE. (afm, ) (FILED UNDER SEAL) Modified on 9/15/2005 (td). (Entered: 08/29/2005)
1152005-08-26 Defendant Columbia Casualty Co.'s Memorandum of Law in Support of its Opposition to Plaintiff's Motion for Partial Summary Judgment against Columbia Casualty Co. and Accompanying Exhibits. (FILED UNDER SEAL) (mbh, ) (Entered: 08/29/2005)
1162005-08-26 Plaintiff's Response to the Statement of Undisputed Facts by Defendant Columbia Casualty Company. (FILED UNDER SEAL) (mbh, ) (Entered: 08/29/2005)
1172005-08-26 Plaintiff's Response to Defendant American Insurance Company's Separate Statement of Undisputed Facts in Support of its Motions for Partial Summary Judgment Regarding Late Notice, Regulatory Approval of Policy Forms and Duty to Defend Under its "XLX" Insurance Company. (FILED UNDER SEAL) (mbh, ) (Entered: 08/29/2005)
1182005-08-26 Plaintiff's Memorandum of Law in Opposition to the Motion for Summary Judgment of Defendant Columbia Casualty Company. (FILED UNDER SEAL) (mbh, ) (Entered: 08/29/2005)
1192005-08-26 Plaintiff's Memorandum of Law in Opposition to Defendant American Insurance Company's Motion for Partial Summary Judgment Regarding the Duty to Defendant Under Its "XLX" Insurance Policy. (FILED UNDER SEAL) (mbh, ) (Entered: 08/29/2005)
1202005-08-26 Plaintiff's Memorandum of Law in Opposition to American Insurance Company's Motion for Partial Summary Judgment Regarding Regulatory Approval of Policy Forms. (FILED UNDER SEAL) (mbh, ) (Entered: 08/29/2005)
1212005-08-26 Plaintiff's Memorandum of Law in Opposition to American Insurance Company's Motion for Summary Judgment as to Late Notice. (FILED UNDER SEAL)(mbh, ) (Entered: 08/29/2005)
1222005-08-26 Plaintiff's Counterstatement of Undisputed Facts. (FILED UNDER SEAL)(mbh, ) (Entered: 08/29/2005)
1232005-08-26 Affidavit of James Young. (FILED UNDER SEAL)(mbh, ) (Entered: 08/29/2005)
1242005-08-26 Opposition Affidavit of John N. Ellison, Esquire with Exhibits. (FILED UNDER SEAL) (mbh, ) (Entered: 08/29/2005)
1252005-09-02 REPLY to Response to Motion re 100 MOTION for Partial Summary Judgment Against American Insurance Company filed by AMERICAN INSURANCE COMPANY. (Attachments: # 1 # 2)(BROWN, SUSAN) (Entered: 09/02/2005)
1262005-09-02 Reply Brief filed by COLUMBIA CASUALTY COMPANY in Support of Columbia Casualty Company's Motion for Summary Judgment and Accompanying Exhibits. (FILED UNDER SEAL) (cdd, ) (Entered: 09/06/2005)
1272005-09-02 Reply Brief filed by ASTENJOHNSON, INC. in Further Support of its Motion for Summary Judgment Against Columbia Casualty Company. (FILED UNDER SEAL)(cdd, ) (Entered: 09/06/2005)
1282005-09-02 Reply Brief filed by ASTENJOHNSON, INC. in Further Support of its Motion for Summary Judgment Against American Insurance Company. (FILED UNDER SEAL) (cdd, ) (Entered: 09/06/2005)
1292005-09-02 Reply AFFIDAVIT by ASTENJOHNSON, INC. of John N. Ellison, Esquire and Exhibits. (FILED UNDER SEAL) (cdd, ) (Entered: 09/06/2005)
1302005-09-09 RESPONSE in Opposition re 96 MOTION to Preclude or In Limine, Defendant Columbia Casaulty Company from Presenting Evidence of a Trade Custom or Usage Relating to the Term Asbestosis filed by AMERICAN INSURANCE COMPANY. (Attachments: # 1 Certificate of Service) (BROWN, SUSAN) Modified on 9/12/2005 (np). (Entered: 09/09/2005)
1312005-09-09 Opposition filed by COLUMBIA CASUALTY COMPANY to AstenJohnson, Inc.'s Motin to Preclude, or In Limine, Columbia Casualty Company from Presenting Evidence of Trade Custom or Usage Relating to the Term Asbestosis, Certificate of Service. (cdd, ) (Entered: 09/12/2005)
1322005-09-09 Declaration of Nicole J. Rosenblum, Esquire by COLUMBIA CASUALTY COMPANY and Exhibits to Opposition of Columbia Casualty Company to AstenJohnson, Inc.'s Motion to Preclude, or in Limine, Columbia Casualty Company from Presenting Evidence of Trade Custom or Usage Relating to the term Asbestosis. (cdd, ) (Entered: 09/12/2005)
1332005-10-04 Minute Entry for Telephone Conference held on 10/4/05 before Judge LAWRENCE F. STENGEL. (cdd, ) (Entered: 10/04/2005)
1342005-10-05 MOTION in Limine To Preclude the Expert Testimony of Alan D. Windt, Esquire filed by ASTENJOHNSON, INC., Memorandum, Affidavit, Proposed Order, Certificate of Service. (Attachments: # 1 Affidavit # 2 Proposed Order # 3 Certificate of Service)(CONLEY, MICHAEL) Modified on 10/6/2005 (fh, ). (Entered: 10/05/2005)
1352005-10-05 MOTION in Limine to Preclude the Expert Testimony of Brian Gagan filed by ASTENJOHNSON, INC..Memorandum, Affidavit, Proposed Order, Certificate of Service. (Attachments: # 1 Affidavit # 2 Proposed Order # 3 Certificate of Service)(CONLEY, MICHAEL) Modified on 10/6/2005 (fh) (Entered: 10/05/2005)
1362005-10-05 MOTION in Limine to Preclude Columbia Casualty Company and American Insurance Company From Proffering Testimony of Witnesses Lacking Personal Knowledge filed by ASTENJOHNSON, INC..Memorandum, Affidavit, Proposed Order, Certificate of Service. (Attachments: # 1 Affidavit # 2 Proposed Order # 3 Certificate of Service)(CONLEY, MICHAEL) Modified on 10/6/2005 (fh) (Entered: 10/05/2005)
1372005-10-05 AFFIDAVIT of Michael Conley, Esquire on behalf of ASTENJOHNSON, INC. in Support of Motions in Limine. (cdd, ) (Entered: 10/05/2005)
1382005-10-06 ORDER THAT ORAL ARGUMENT ON PLAINTIFF'S MOTION TO PRECLUDE, OR IN LIMINE, DEFENDANT COLUMBIA CASUALTY COMPANY FROM PRESENTING EVIDENCE OF A TRADE CUSTOM OR USAGE RELATING TO THE TERM ASBESTOSIS SHALL BE HELD ON 10/19/05 AT 1:00 P.M. IN COURTROOM 3B. PARTIES ARE DIRECTED TO SPECIFICALLY ADDRESS THE ASBESTOSIS EXCLUSION AS IT RELATES TO THE CROSS MOTIONS FOR SUMMARY JUDGMENT.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 10/6/05. 10/7/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(cdd, ) (Entered: 10/07/2005)
1392005-10-12 Application for Leave of Jeffrey Kaufman to Appear pro hac vice filed by AMERICAN INSURANCE COMPANY.Certificate of Counsel, Cerificate of Service.(BROWN, SUSAN) Modified on 10/13/2005 (np). (Entered: 10/12/2005)
1402005-10-12 Application for of Lisa G. Rowe Leave to Appear pro hac vice filed by AMERICAN INSURANCE COMPANY.Certificate of Service, Certificate of Counsel.(BROWN, SUSAN) Modified on 10/13/2005 (np). (Entered: 10/12/2005)
1412005-10-13 MOTION in Limine To Preclude Introduction of Evidence From In Re Asbestos Insurance Coverage Cases filed by ASTENJOHNSON, INC..Memorandum, Affidavit, Certificate of Service, Proposed Order. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8)(CONLEY, MICHAEL) (Entered: 10/13/2005)
1422005-10-19 RESPONSE in Opposition re 136 MOTION in Limine to Preclude Columbia Casualty Company and American Insurance Company From Proffering Testimony of Witnesses Lacking Personal Knowledge filed by AMERICAN INSURANCE COMPANY, Memorandum, Certificate of Service. (BROWN, SUSAN) Modified on 10/20/2005 (np). Additional attachment(s) added on 10/20/2005 (cdd, ). Additional attachment(s) added on 10/20/2005 (cdd, ). (Entered: 10/19/2005)
1432005-10-19 ORDER THAT THE APPLICATION OF LISA G. ROWE, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 10/18/05. 10/19/05 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 10/19/2005)
1442005-10-19 ORDER THAT THE APPLICATION OF JEFFREY KAUFMAN, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 10/18/05. 10/19/05 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 10/19/2005)
1452005-10-20 Minute Entry for Oral argument held on 10/19/05 before Judge LAWRENCE F. STENGEL. Counsel address the Court. The Court set filing deadlines and briefly discussed scheduling. (cdd, ) (Entered: 10/20/2005)
1462005-10-20 ORDER THAT THE TRIAL IS CONTINUED TO A DATE TO BE DETERMINED. THE PARTIES ARE RELIEVED OF THEIR OBLIGATIONS UNDER THE PRE-TRIAL SCHEDULING ORDER AS OF THE DATE OF THIS ORDER. IT IS FURTHER ORDERED THAT AMERICAN INSURANCE COMPANY IS TO PRODUCE A 30(b)(6) CORPORATE DESIGNEE AS TO THOSE DOCUMENTS REFERENCED IN THE LETTERS BY COUNSEL DATED 10/14/05 AND 10/17/05. IT IS FURTHER ORDERED THAT PLAINTIFF ASTENJOHNSON IS GRANTED LEAVE TO FILE A SINGLE SUPPLEMENT TO ITS EXPERT REPORTS AND MOTIONS FOR SUMMARY JUDGMENT WITHIN SEVEN (7) DAYS OF THE 30(b)(6) DEPOSITION. THE SUPPLEMENT WILL CONSIST OF A SINGLE DOCUMENT, NO MORE THAN FIVE (5) PAGES IN LENGTH, AND WILL EXPLAIN TO THE COURT THE RELEVANCE OF THE DOCUMENTS REFERENCED IN THE OCTOBER 14 AND OCTOBER 17 LETTERS TO THE PENDING MOTIONS. DEFENDANTS ARE GRANTED LEAVE TO EACH FILE A SINGLE RESPONSE WITHIN SEVEN (7) DAYS. ANY RESPONSE IS LIMITED TO FIVE (5) PAGES.SIGNED BY JUDGE LAWRENCE F. STENGEL ON 10/20/05. 10/20/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(cdd, ) (Entered: 10/20/2005)
1472005-10-20 Stipulation to extend time to respond to Motions in Limine by AMERICAN INSURANCE COMPANY. (BROWN, SUSAN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 10/24/2005 (np). (Entered: 10/20/2005)
1482005-10-26 STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFTS AMERICAN INSURANCE COMPANY & COLUMBIA CASUALTY CO. MAY RESPOND TO ASTENJOHNSON, INC.'S MOTIONS IN LIMINE IS EXTENDED BY 30 DAYS UNTIL 11/20/2005, OR UNTIL OTHERWISE DIRECTED BY THE COURT. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 10/26/05. 10/27/05 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 10/27/2005)
1492005-10-31 TRANSCRIPT of Proceedings held on 10/19/05 before Judge STENGEL. Court Reporter: L. BUENZLE. HEARING (jl, ) (Entered: 10/31/2005)
1502005-11-07 ORDER THAT PLFF'S MOTION TO PRECLUDE OR IN LIMINE, DEFT COLUMBIA CASUALTY CO. FROM PRESENTING EVIDENCE OF A TRADE CUSTOM OR USAGE RELATING TO THE TERM ASBESTOSIS IS DENIED. IT IS FURTHER ORDERED THAT COLUMBIA CASUALTY IS TO SERVE ASTENJOHNSON WITH A LIST OF ALL EXHIBITS AND WITNESSES IT INTENDS TO USE AT TRIAL TO SUPPORT ITS POSITION WITH REGARD TO TRADE CUSTOM OR USAGE RELATING TO THE TERM ASBESTOSIS WITHIN (30) DAYS OF THIS ORDER. ( SIGNED BY JUDGE LAWRENCE F. STENGEL ON 11/7/05.) 11/7/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (gn, ) (Entered: 11/07/2005)
1512005-11-07 ORDER THAT COLUMBIA CASUALTY'S MOTION FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 11/7/05.11/8/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (fdc) (Entered: 11/08/2005)
1522005-11-07 ORDER THAT DEFENDANT AMERICAN INSURANCE COMPANY'S MOTIONS FOR PARTIAL SUMMARY JUDGMENT REGARDING LATE NOTICE, REGARDING REGULATORY APPROVAL OF POLICY FORMS AND REGARDING THE DUTY TO DEFEND UNDER ITS "XLX" INSURANCE POLICY ARE DENIED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 11/7/05. 11/8/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (fdc) (Entered: 11/08/2005)
1532005-11-07 ORDER THAT PLAINTIFF'S MOTIONS FOR PARTIAL SUMMARY JUDGMENT AGAINST AMERICAN INSURANCE COMPANY AND AGAINST COLUMBIA CASUALTY COMPANY ARE DENIED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 11/7/05. 11/8/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (fdc) (Entered: 11/08/2005)
1542005-11-16 ORDER THAT THE FINAL PRETRIAL CONFERENCE IS SET FOR 1/23/2006 01:30 PM BEFORE HONORABLE LAWRENCE F. STENGEL. THE TRIAL DATE IS SET FOR 1/30/06 IN COURTROOM BEFORE JUDGE STENGEL. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 11/16/05. 11/16/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(stb, ) (Entered: 11/16/2005)
1552005-11-21 RESPONSE in Opposition re 135 MOTION in Limine to Preclude the Expert Testimony of Brian Gagan filed by AMERICAN INSURANCE COMPANY, Memorandum, Certificate of Service. (Attachments: # 1 Affidavit # 2 Affidavit Gagin# 3 Cert of Service)(KOCH, WENDY) Modified on 11/22/2005 (np). (Entered: 11/21/2005)
1562005-11-21 RESPONSE in Opposition re 134 MOTION in Limine To Preclude the Expert Testimony of Alan D. Windt, Esquire filed by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY. (Attachments: # 1 Exhibit Declaration/Exh. A/Exh. B# 2 Exhibit Exh. C (Part 1)# 3 Exhibit Exh. C (part 2)# 4 Exhibit Exh. D (part 1)# 5 Exhibit Exh. D (part 2)# 6 Exhibit Exh. E)(SCHILLER, RONALD) (Entered: 11/21/2005)
1572005-11-21 RESPONSE to Motion re 136 MOTION in Limine to Preclude Columbia Casualty Company and American Insurance Company From Proffering Testimony of Witnesses Lacking Personal Knowledge filed by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY. (SCHILLER, RONALD) (Entered: 11/21/2005)
1582005-11-21 RESPONSE in Opposition re 141 MOTION in Limine To Preclude Introduction of Evidence From In Re Asbestos Insurance Coverage Cases filed by AMERICAN INSURANCE COMPANY. (Attachments: # 1 Exhibit # 2 Affidavit # 3 Cert of Service)(KOCH, WENDY) (Entered: 11/21/2005)
1592005-12-01 ORDER THAT THE ABOVE-CAPTIONED CASE IS GIVEN A DATE CERTAIN FOR TRIAL TO COMENCE ON 2/28/2006 AT 9:30 AM IN COURTROOM BEFORE HONORABLE LAWRENCE F. STENGEL. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 11/30/05. 12/1/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(fdc) (Entered: 12/01/2005)
1602005-12-07 Exhibit List and Witness List by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY.. Certificate of Service (SCHILLER, RONALD) (Entered: 12/07/2005)
1612006-01-13 First MOTION in Limine filed by AMERICAN INSURANCE COMPANY.brief, certificate of service. (Attachments: # 1 Appendix # 2 Exhibit # 3 # 4)(BROWN, SUSAN) (Entered: 01/13/2006)
1622006-01-13 Second MOTION in Limine filed by AMERICAN INSURANCE COMPANY.brief, certificate of service, exhibits. (Attachments: # 1 Appendix # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit # 17 Exhibit # 18)(BROWN, SUSAN) (Entered: 01/13/2006)
1632006-01-13 Third MOTION in Limine filed by AMERICAN INSURANCE COMPANY.brief, certificate of service, exhibits. (Attachments: # 1 Appendix # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16)(BROWN, SUSAN) (Entered: 01/13/2006)
1642006-01-13 MOTION in Limine to Preclude Introduction of Evidence that Babb was not AstenJohnson, Inc.'s Agent for Purposes of Procuring the Subject Columbia Policies filed by COLUMBIA CASUALTY COMPANY.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(SCHILLER, RONALD) (Entered: 01/13/2006)
1652006-01-13 MOTION in Limine to Preclude AstenJohnson, Inc. from Presenting Argument or Evidence Concerning Columbia's Alleged Failure to Obtain Approval from the Pennsylvania Department of Insurance for the Subject Asbestosis Exclusion filed by COLUMBIA CASUALTY COMPANY.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(SCHILLER, RONALD) (Entered: 01/13/2006)
1662006-01-13 Fourth MOTION in Limine filed by AMERICAN INSURANCE COMPANY.brief, exhibits, certificate of service. (Attachments: # 1 Text of Proposed Order # 2 Appendix # 3 # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14)(BROWN, SUSAN) (Entered: 01/13/2006)
1672006-01-13 MOTION in Limine to Preclude Testimony That at Least 153 of AstenJohnson Inc.'s Pre-1981 Underlying Asbestos Claims Were Not Products Liability Complaints filed by COLUMBIA CASUALTY COMPANY.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(SCHILLER, RONALD) (Entered: 01/13/2006)
1682006-01-13 Declaration of Nicole J. Rosenblum, Esquire in Support of Motions in Limine by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit # 17 Exhibit # 18 Exhibit # 19 Exhibit # 20 Exhibit # 21 Exhibit)(SCHILLER, RONALD) (Entered: 01/13/2006)
1692006-01-13 Fifth MOTION in Limine filed by AMERICAN INSURANCE COMPANY.brief, certificate of service, exhibits. (Attachments: # 1 Exhibit # 2)(BROWN, SUSAN) (Entered: 01/13/2006)
1702006-01-13 MOTION in Limine to Preclude AstenJohnson, Inc. from Introducing David Sayles' Deposition Testimony from Another Proceeding filed by COLUMBIA CASUALTY COMPANY.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(SCHILLER, RONALD) (Entered: 01/13/2006)
1712006-01-13 MOTION in Limine to Preclude Inadmissible So-Called Custom and Usage Evidence filed by ASTENJOHNSON, INC..Memorandum of Law, Proposed Order and Certificate of Service.(ELLISON, JOHN) (Entered: 01/13/2006)
1722006-01-13 MOTION in Limine to Preclude AstenJohnson, Inc. from Presenting Argument and Evidence Regarding Why AstenJohnson, Inc. Waited Until 2001 to Put Columbia on Notice of the Underlying Asbestos Claims filed by COLUMBIA CASUALTY COMPANY.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2)(SCHILLER, RONALD) (Entered: 01/13/2006)
1732006-01-13 MOTION in Limine to Preclude Defendants From Introducing Evidence Regarding Late Notice That Does Not Relate to Prejudice In The Underlying Actions filed by ASTENJOHNSON, INC..Memorandum, Proposed Order and Certificate of Service.(ELLISON, JOHN) (Entered: 01/13/2006)
1742006-01-13 MOTION in Limine For Failure to Meet Burden filed by ASTENJOHNSON, INC..Memorandum, Proposed Order and Certificate of Service.(ELLISON, JOHN) (Entered: 01/13/2006)
1752006-01-13 MOTION in Limine to Preclude AstenJohnson, Inc. from Introducing Evidence and/or Testimony Regarding AstenJohnson, Inc.'s Understanding or Intent Concerning the Scope of the Asbestosis Exclusion, Except as Testified to by Gloria Forbes filed by COLUMBIA CASUALTY COMPANY.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(SCHILLER, RONALD) (Entered: 01/13/2006)
1762006-01-13 AFFIDAVIT re 174 MOTION in Limine For Failure to Meet Burden, 173 MOTION in Limine to Preclude Defendants From Introducing Evidence Regarding Late Notice That Does Not Relate to Prejudice In The Underlying Actions, 171 MOTION in Limine to Preclude Inadmissible So-Called Custom and Usage Evidence by ASTENJOHNSON, INC.. (ELLISON, JOHN) (Entered: 01/13/2006)
1772006-01-13 MOTION in Limine to Incorporate by Reference all of the Motions in Limine Filed by Defendant American Insurance Company filed by COLUMBIA CASUALTY COMPANY.Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(SCHILLER, RONALD) (Entered: 01/13/2006)
1782006-01-17 PRETRIAL MEMORANDUM by AMERICAN INSURANCE COMPANY Certificate of Service. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(BROWN, SUSAN) (Entered: 01/17/2006)
1792006-01-17 PRETRIAL MEMORANDUM by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY Certificate of Service. (Attachments: # 1 Exhibit)(SCHILLER, RONALD) (Entered: 01/17/2006)
1802006-01-17 PRETRIAL MEMORANDUM by ASTENJOHNSON, INC. Certificate of Service. (Attachments: # 1)(ELLISON, JOHN) (Entered: 01/17/2006)
1812006-01-23 Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Final Pretrial Conference held on 1/23/06, Total time: 1 hour 10 minutes. (mac, ) (Entered: 01/23/2006)
1822006-01-25 ORDER THAT THE ABOVE-CAPTIONED MATTER IS REFERRED TO MAGISTRATE JUDGE LINDA K. CARACAPPA FOR A SETTLEMENT CONFERENCE. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 1/25/06. 1/26/06 ENTERED AND COPIES MAILED AND FAXED.(mac, ) Additional attachment(s) added on 1/27/2006 (mac, ). (Entered: 01/26/2006)
1832006-01-26 ORDER THAT ALL RESPONSES TO MOTIONS IN LIMINE SHALL BE FILED NO LATER THAN FRIDAY, JANUARY 27, 2006. THE PARTIES SHALL EXCHANGE ANY EXHIBITS THEY INTEND TO INTRODUCE AT TRIAL, AS WELL AS ANY WITNESS LISTS, EXHIBIT LISTS AND DEPOSITION DESIGNATIONS NOT LATER THAN TUESDAY, JANUARY 31, 2006. PROPOSED JURY INSTRUCTIONS, PROPOSED VERDICT FORMS AND ANY PROPOSED JURY SEPCIAL INTERROGATORIES SHALL BE FILED NO LATER THAN FRIDAY, FEBRUARY 10, 2006. ANY OBJECTIONS TO EXHIBITS SHALL BE EXCHANGED NO LATER THAN WEDNESDAY, FEBRUARY 15, 2006. ANY DEPOSITION COUNTER-DESIGNATIONS SHALL BE EXCHANGED NO LATER THAN WEDNESDAY, FEBRUARY 22, 2006. ORAL ARGUMENT ON ISSUES RAISED BY MOTIONS IN LIMINE IS SCHEDULED FOR MONDAY, FEBRUARY 27, AT 2:00 P.M. IT IS FURTHER ORDERED THAT COUNSEL WILL INFORM THE COURT AS TO WHETHER THEY INTEND TO PROCEED WITH A BENCH TRIAL OR A JURY TRIAL BY MONDAY, JANUARY 30, 2006. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 1/26/06. 1/26/06 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(mac, ) (Entered: 01/26/2006)
1842006-01-27 RESPONSE in Opposition re 164 MOTION in Limine to Preclude Introduction of Evidence that Babb was not AstenJohnson, Inc.'s Agent for Purposes of Procuring the Subject Columbia Policies filed by ASTENJOHNSON, INC.. (CONLEY, MICHAEL) (Entered: 01/27/2006)
1852006-01-27 RESPONSE in Opposition re 170 MOTION in Limine to Preclude AstenJohnson, Inc. from Introducing David Sayles' Deposition Testimony from Another Proceeding filed by ASTENJOHNSON, INC.. (CONLEY, MICHAEL) (Entered: 01/27/2006)
1862006-01-27 RESPONSE in Opposition re 161 First MOTION in Limine To Preclude Certain Testimony of James M. Gibson filed by ASTENJOHNSON, INC.. (CONLEY, MICHAEL) (Entered: 01/27/2006)
1872006-01-27 RESPONSE in Opposition re 169 Fifth MOTION in Limine to Exclude Documents Regarding General Knowledge of Asbestos filed by ASTENJOHNSON, INC.. (CONLEY, MICHAEL) (Entered: 01/27/2006)
1882006-01-27 ORDER THAT A SETTLEMENT CONFERENCE IS SET FOR 2/6/2006 AT 10:00 AM IN JUDGE'S CHAMBERS BEFORE MAGISTRATE JUDGE LINDA K. CARACAPPA. SIGNED BY JUDGE LINDA K. CARACAPPA ON 1/27/06. 1/27/06 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(mac, ) (Entered: 01/27/2006)
1892006-01-27 RESPONSE in Opposition re 163 Third MOTION in Limine to Defendant American Insurance Company's Motion to Preclude Certain Testimony of James A. Young filed by ASTENJOHNSON, INC.. (CONLEY, MICHAEL) (Entered: 01/27/2006)
1902006-01-27 RESPONSE in Opposition re 167 MOTION in Limine to Preclude Testimony That at Least 153 of AstenJohnson Inc.'s Pre-1981 Underlying Asbestos Claims Were Not Products Liability Complaints filed by ASTENJOHNSON, INC.. (CONLEY, MICHAEL) (Entered: 01/27/2006)
1912006-01-27 RESPONSE in Opposition re 173 MOTION in Limine to Preclude Defendants From Introducing Evidence Regarding Late Notice That Does Not Relate to Prejudice In The Underlying Actions filed by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY. (SCHILLER, RONALD) (Entered: 01/27/2006)
1922006-01-27 RESPONSE in Opposition re 172 MOTION in Limine to Preclude AstenJohnson, Inc. from Presenting Argument and Evidence Regarding Why AstenJohnson, Inc. Waited Until 2001 to Put Columbia on Notice of the Underlying Asbestos Claims filed by ASTENJOHNSON, INC., Certificateo of Service. (CONLEY, MICHAEL) Modified on 1/30/2006 (cdd, ). (Entered: 01/27/2006)
1932006-01-27 RESPONSE in Opposition re 166 Fourth MOTION in Limine of Defendant American Insurance Company's Motion in Limine to Preclude Testimony Relating to AstenJohnson, Inc.'s Undisclosed Intent filed by ASTENJOHNSON, INC., Certificate of Service. (CONLEY, MICHAEL) Modified on 1/30/2006 (cdd, ). (Entered: 01/27/2006)
1942006-01-27 RESPONSE in Opposition re 175 MOTION in Limine to Preclude AstenJohnson, Inc. from Introducing Evidence and/or Testimony Regarding AstenJohnson, Inc.'s Understanding or Intent Concerning the Scope of the Asbestosis Exclusion, Except as Testified to by Gloria Forbes Filed Under Seal filed by ASTENJOHNSON, INC.. (CONLEY, MICHAEL) Modified on 1/30/2006 (cdd, ). (FILED IN ERROR BY ATTY./DOCUMENT FILED UNDER SEAL) (Entered: 01/27/2006)
1952006-01-27 AFFIDAVIT re 194 Response in Opposition to Motion, by ASTENJOHNSON, INC.. (CONLEY, MICHAEL) Modified on 1/30/2006 (cdd, ). (FILED IN ERROR BY ATTY./DOCUMENT FILED UNDER SEAL) (Entered: 01/27/2006)
1962006-01-27 RESPONSE in Opposition re 171 MOTION in Limine to Preclude Inadmissible So-Called Custom and Usage Evidence filed by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY. (Attachments: # 1 Exhibit Declaration and Exhibit List# 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit # 17 Exhibit # 18 Exhibit # 19 Exhibit)(SCHILLER, RONALD) (Entered: 01/27/2006)
1972006-01-27 RESPONSE in Opposition re 162 Second MOTION in Limine to American Insurance Company's Motion in Limine re Regulatory Approval of Policy Forms filed by ASTENJOHNSON, INC., Certificate of Service. (CONLEY, MICHAEL) Modified on 1/30/2006 (cdd, ). (Entered: 01/27/2006)
1982006-01-27 RESPONSE in Opposition re 171 MOTION in Limine to Preclude Inadmissible So-Called Custom and Usage Evidence Regarding the Term "Asbestosis" for Failure to Meet Their Evidentiary Burden filed by COLUMBIA CASUALTY COMPANY, Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(SCHILLER, RONALD) Modified on 1/31/2006 (cdd, ). (FILED IN ERROR BY ATTORNEY; ATTORENY RE-FILED CORRECT DOCUMENT) Modified on 2/1/2006 (np). (Entered: 01/27/2006)
1992006-01-27 RESPONSE to Motion re 173 MOTION in Limine to Preclude Defendants From Introducing Evidence Regarding Late Notice That Does Not Relate to Prejudice In The Underlying Actions filed by AMERICAN INSURANCE COMPANY, Memorandum, Certificate of Service. (BROWN, SUSAN) Additional attachment(s) added on 1/30/2006 (mac, ). Modified on 1/31/2006 (cdd, ). (Entered: 01/27/2006)
2002006-01-27 RESPONSE in Opposition re 165 MOTION in Limine to Preclude AstenJohnson, Inc. from Presenting Argument or Evidence Concerning Columbia's Alleged Failure to Obtain Approval from the Pennsylvania Department of Insurance for the Subject Asbestosis Exclusion filed by ASTENJOHNSON, INC., Certificate of Service. (CONLEY, MICHAEL) Modified on 1/31/2006 (cdd, ). (Entered: 01/27/2006)
2012006-01-27 RESPONSE in Opposition re 174 MOTION in Limine For Failure to Meet Burden filed by COLUMBIA CASUALTY COMPANY, Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(SCHILLER, RONALD) Modified on 1/31/2006 (cdd, ). (Entered: 01/27/2006)
2022006-01-27 AFFIDAVIT by ASTENJOHNSON, INC. in Support of AstenJohnson Inc.'s Memoranda of Law in Opposition to Defendants' Motions in Limine, Certificate of Service. (CONLEY, MICHAEL) Modified on 1/31/2006 (cdd, ). (Entered: 01/27/2006)
2032006-01-27 RESPONSE to Motion re 171 MOTION in Limine to Preclude Inadmissible So-Called Custom and Usage Evidence filed by AMERICAN INSURANCE COMPANY, Certificate of Service. (Attachments: # 1Exhibit # 2Exhibit # 3 Exhibit # 4Exhibit # 5Exhibit # 6Exhibit # 7Exhibit # 8Exhibit # 9 Certificate of Service)(BROWN, SUSAN) Modified on 1/30/2006 (cdd, ). (Entered: 01/27/2006)
2042006-01-27 Memorandum of law in opposition to COLUMBIA CASUALTY COMPANY'S Motion in Limine to Preclude ASTENJOHNSON, INC. from introducing Evidence and Testimony regarding ASTENJOHNSON, INC.'S understanding or intent concerning the scope of the asbestosis exclusion, except as testified to by Gloria Forbes filed by ASTENJOHNSON, INC., certificate of service. (FILED UNDER SEAL). (mac, ) Modified on 1/30/2006 (mac, ). (Entered: 01/30/2006)
2052006-01-27 Affidavit of Michael Conley, Esquire, in support of ASTENJOHNSON, INC.S Memorandum of law in opposition to COLUMBIA CASUALTY COMPANY'S Motion in Limine to Preclude ASTENJOHNSON, INC. from introducing Evidence and Testimony regarding ASTENJOHNSON, INC.'S understanding or intent concerning the scope of the asbestosis exclusion, except as testified to by Gloria Forbes filed by ASTENJOHNSON, INC. (FILED UNDER SEAL). (mac, ) (Entered: 01/30/2006)
2062006-01-31 Exhibit A and B to be included with the Declaration of Lisa G. Rowe in support of Defendant AMERICAN INSURANCE COMPANY'S response to Plaintiff ASTENJOHNSON, INC'S Motion in Limine to Preclude Defendants From Introducing Regarding Late Notice That Does Not Relate To Prejudice In The Underlying Action filed by AMERICAN INSURANCE COMPANY. (Attachments: # 1 Exhibit B)(mac, ) (Entered: 01/31/2006)
2072006-01-31 Exhibit List , Supplemental Trade Custom and Usage Exhibit List, Witness List, and Deposition Designations by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY.. Certificate of Service (SCHILLER, RONALD) (Entered: 01/31/2006)
2082006-02-02 Witness List by AMERICAN INSURANCE COMPANY. Certificate of Service (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(BROWN, SUSAN) (Entered: 02/02/2006)
2092006-02-02 ORDER THAT THE MOTION IN LIMINE TO PRECLUDE DEFENDANTS FROM INTORDUCING EVIDENCE REGARDING LATE NOTICE THAT DOES NOT RELATE TO PREJUDICE IN THE UNDERLYING ACTION (DKT. #173) AND THE MOTION IN LIMINE TO PRECLUDE ASTENJOHNSON, INC. FROM PRESENTING ARGUMENT AND EVIDENCE REGARDING WHY ASTENJOHNSON, INC. WAITED UNITL 2001 TO PUT COLUMBIA ON NOTICE OF THE UNDERLYING ASBESTOS CLAIM (DKT. #172) ARE DENIED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 2/2/06.2/2/06 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (mac, ) (Entered: 02/02/2006)
2102006-02-02 ORDER THAT THE MOTION IN LIMINE TO PRECLUDE ASTENJOHNSON, INC. FROM PRESENTING ARGUMENT OR EVIDENCE CONCERNING COLUMBIA'S ALLEGED FAILURE TO OBTAIN APPROVAL FROM THE PENNSYLVANIA DEPARTMENT OF INSURANCE FOR THE SUBJECT ASBESTOSIS, (DKT. #165) AND THE MOTION IN LIMINE RE REGULATORY APPROVAL OF POLICY FORMS (DKT. #162) ARE GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 2/2/06.2/2/06 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (mac, ) (Entered: 02/02/2006)
2112006-02-10 MOTION to Strike Jury Demand and to Bifurcate Trial filed by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY.Memorandum, Certificate of Service.(SCHILLER, RONALD) (Entered: 02/10/2006)
2122006-02-10 Proposed Verdict Sheet by ASTENJOHNSON, INC... Certificate of Service (CONLEY, MICHAEL) (Entered: 02/10/2006)
2132006-02-10 Proposed Jury Instructions by ASTENJOHNSON, INC.. Certificate of Service (CONLEY, MICHAEL) (Entered: 02/10/2006)
2142006-02-10 Points for Charge by AMERICAN INSURANCE COMPANY. Certificate of Service (BROWN, SUSAN) (Entered: 02/10/2006)
2152006-02-10 Proposed Verdict Sheet by AMERICAN INSURANCE COMPANY.. Certificate of Service (BROWN, SUSAN) (Entered: 02/10/2006)
2162006-02-10 MOTION to Strike Jury Demand filed by AMERICAN INSURANCE COMPANY.Certificate of Service. (Attachments: # 1 # 2)(BROWN, SUSAN) (Entered: 02/10/2006)
2172006-02-10 MOTION Juror Questionnaire filed by AMERICAN INSURANCE COMPANY.Certificate of Service. (Attachments: # 1)(BROWN, SUSAN) (Entered: 02/10/2006)
2182006-02-10 Proposed Jury Instructions by COLUMBIA CASUALTY COMPANY. Certificate of Service (Attachments: # 1 Proposed Jury Instructions# 2 Proposed Special Interrogatories# 3 Proposed Special Interrogatories-Bad Faith# 4 Proposed Jury Questionnaire# 5 Proposed Voir Dire)(SCHILLER, RONALD) (Entered: 02/10/2006)
2192006-02-15 Objections by AMERICAN INSURANCE COMPANY to Plaintiff's Trial Exhibits. (BROWN, SUSAN) (Entered: 02/15/2006)
2202006-02-15 AstenJohnson, Inc.'s Objections to Exhibits of American Insurance Company by ASTENJOHNSON, INC. Certificate of Service (ELLISON, JOHN) Modified on 2/16/2006 (np). (Entered: 02/15/2006)
2212006-02-15 AstenJohnson, Inc.'s Objections to Exhibits of Columbia Casaulty Company by ASTENJOHNSON, INC. Certificate of Service (ELLISON, JOHN) Modified on 2/16/2006 (np). (Entered: 02/15/2006)
2222006-02-15 Objections by COLUMBIA CASUALTY COMPANY to Plaintiff's Proposed Trial Exhibits, Certificate of Service. (SCHILLER, RONALD) Modified on 2/16/2006 (np). (Entered: 02/15/2006)
2232006-02-16 MOTION for Reconsideration re 210 Order on Motion in Limine,,, filed by ASTENJOHNSON, INC..Order, Memorandum, Certificate of Service. (Attachments: # 1 # 2 # 3)(ELLISON, JOHN) (Entered: 02/16/2006)
2242006-02-22 ORDER THAT TRIAL IS SCHEDULED FOR JULY 17, 2006 AT 9:30 A.M. IT IS FURTHER ORDERED THAT ORAL ARGUMENT ON ISSUES RAISED BY MOTION IN LIMINE IS SCHEDULED FOR JULY 10, 2006 AT 1:30 P.M. IN A COURTROOM TO BE DETERMINED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 2/22/06. 2/22/06 ENTERED AND COPIES MAILED AND FAXED.(mac, ) Additional attachment(s) added on 2/23/2006 (mac, ). (Entered: 02/22/2006)
2252006-02-24 RESPONSE in Opposition re 223 MOTION for Reconsideration re 210 Order on Motion in Limine, filed by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY, Memorandum, Certificate of Service. (SCHILLER, RONALD) Modified on 2/27/2006 (np). (Entered: 02/24/2006)
2262006-02-27 Memorandum of law in Opposition re 217 MOTION Juror Questionnaire filed by ASTENJOHNSON, INC., Certificate of Service. (ELLISON, JOHN) Modified on 2/28/2006 (np). (Entered: 02/27/2006)
2272006-02-27 STIPULATION AND ORDER THAT PLAINTIFF'S TIME WITHIN WHICH TO FILE A RESPONSE TO DEFENDANT COLUMBIA CASUALTY COMPANY'S MOTION TO STRIKE JURY DEMAND AND TO BIFURCATE TRIAL AND DEFENDANT AMERICAN INSURANCE COMPANY'S MOTION TO STRIKE JURY DEMAND AND TO BIFURCATE THE BAD FAITH CLAIMS IN THIS ACTION IS EXTENDED AND INCLUDING MARCH 1, 2006. IT IS FURTHER STIPULATED AND AGREED THAT DEFENDANTS SHALL FILE ANY REPLY TO PLAINTIFF'S RESPONSES ON OR BEFORE MARCH 9, 2006. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 2/27/06. 2/28/06 ENTERED AND COPIES MAILED AND FAXED.(mac, ) (Entered: 02/28/2006)
2282006-03-01 Memorandum in Opposition re 216 MOTION to Strike Jury Demand and Motion to Bifurcate the Bad Faith Claim and Certificate of Service filed by ASTENJOHNSON, INC.. (ELLISON, JOHN) (Entered: 03/01/2006)
2292006-03-01 Memorandum in Opposition re 211 MOTION to Strike Jury Demand and to Bifurcate Trial and Affidavit of Michael Conley, Esquire, in Support thereof with Exhibits; Certificate of Service filed by ASTENJOHNSON, INC.. (Attachments: # 1 # 2 # 3 # 4 # 5)(ELLISON, JOHN) (Entered: 03/01/2006)
2302006-03-02 RESPONSE in Opposition re 223 MOTION for Reconsideration re 210 Order on Motion in Limine,,, filed by AMERICAN INSURANCE COMPANY. (Attachments: # 1 Compendium of cases# 2 Certificate of service)(BROWN, SUSAN) (Entered: 03/02/2006)
2312006-03-08 MOTION for Leave to File Reply brief filed by AMERICAN INSURANCE COMPANY.Certificate of Service. (Attachments: # 1 # 2 # 3 # 4)(BROWN, SUSAN) (Entered: 03/08/2006)
2322006-03-09 REPLY to Response to Motion re 216 MOTION to Strike Jury Demand filed by AMERICAN INSURANCE COMPANY. (Attachments: # 1 # 2)(BROWN, SUSAN) (Entered: 03/09/2006)
2332006-03-09 MOTION for Leave to File a Reply Brief in Support of Motion to Strike Jury Demand and to Bifurcate Trial filed by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY.Certificate of Service.(SCHILLER, RONALD) (Entered: 03/09/2006)
2342006-03-09 EXHIBIT B to be attached to Deft's Motion for Leave to File a Reply Brief in Support of Motion to Strike Jury Demand and to Bifurcate Trial filed by COLUMBIA CASUALTY COMPANY. (FILED UNDER SEAL) (pr, ) (Entered: 03/10/2006)
2352006-03-10 Deft's COMPENDIUM of cases in Support of its Reply to Plff's Opposition to Deft's Motion to Strike Plff's Jury Demand and Motion to Bifurcate the Bad Faith Claim filed by AMERICAN INSURANCE COMPANY. (pr, ) (Entered: 03/10/2006)
2362006-03-20 Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Telephone Conference held on 3/17/06, total time: 10 minutes. (mac, ) (Entered: 03/20/2006)
2372006-03-20 ORDER THAT TRIAL IN THIS MATTER IS SET FOR 7/5/2006 AT 9:30 AM IN COURTROOM BEFORE HONORABLE LAWRENCE F. STENGEL. IT IS FURTHER ORDERED THAT ORAL ARGUMENT ON ISSUES RAISED BY MOTIONS IN LIMINE SCHEDULED FOR JUNE 20, 2006 AT 10:00 A.M. IN A COURTROOM TO BE DETERMINED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 3/20/06. 3/20/06 ENTERED AND COPIES MAILED AND E-MAILED.(mac, ) (Entered: 03/20/2006)
2382006-03-22 Objections by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY and Counter Designations to Plaintiff's Deposition Designations, Certificate of Service. (SCHILLER, RONALD) Modified on 3/23/2006 (np). (Entered: 03/22/2006)
2392006-03-22 Objections by ASTENJOHNSON, INC. Counter Deposition Designations and Certificate of Service. (CONLEY, MICHAEL) (Entered: 03/22/2006)
2402006-03-27 Objections by AMERICAN INSURANCE COMPANY and Counter Designations to Plaintiff's Deposition Designations, Certificate of Service (BROWN, SUSAN) Modified on 3/28/2006 (np). (Entered: 03/27/2006)
2412006-05-26 ORDER THAT PLAINTIFF'S MOTION FOR RECONSIDERATION OF THE FEBRUARY 2,2006 ORDER IS DENIED, THE MOTION TO QUASH, REQUESTED IN A LETTER DATED MAY 23, 2006 IS GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 5/26/06.5/26/06 ENTERED AND COPIES MAILED AND E-MAILED. (mac, ) (Entered: 05/26/2006)
2422006-05-31 MOTION in Limine filed by AMERICAN INSURANCE COMPANY.TO EXCLUDE THE TESTIMONY OF BARRY L. KATZ, ESQUIRE, OR, IN THE ALTERNATIVE, TO OBTAIN LEAVE OF COURT TO CONDUCT DISCOVERY RELATING TO MR. KATZ'S TESTIMONY, INCLUDING DEPOSING THE WITNESS PRIOR TO TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES. (Attachments: # 1 Affidavit Declaration of Paul A. Peters# 2 Exhibit Compendium of Cases# 3 Affidavit Certificate of Service)(PETERS, PAUL) (Entered: 05/31/2006)
2432006-06-02 Exhibits in support of Defendant AMERICAN INSURANCE COMPANY'S Motion in Limine to Exclude the Testimony of Barry L. Katz, or in the Alternative, to Obtain Leave of Court to Conduct Discovery Relating to Mr. Katz'z testimony, Including Deposing the Witness, Prior to Trial by AMERICAN INSURANCE COMPANY. (Attachments: # 1 Exhibit B# 2 Exhibit C# 3 Exhibit D)(mac, ) (Entered: 06/02/2006)
2442006-06-12 Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Telephone Conference held on 6/12/06. (mac, ) Modified on 6/13/2006 (mac, ). (Entered: 06/13/2006)
2452006-06-13 ORDER THAT DEFENDANT'S MOTION FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF MOTION TO STRIKE PLAINTIFF'S JURY DEMAND AND TO BIFURCATE TRIAL IS GRANTED, COLUMBIA CASUALTY COMPANY'S ATTACHED REPLY BRIEF SHALL BE AND IS HEREBY FILED BY THE CLERK. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 6/12/06.6/13/06 ENTERED AND COPIES MAILED AND FAXED. (mac, ) (Entered: 06/13/2006)
2462006-06-13 Reply Brief in support of Motion to Strike Jury demand and to Bifurcate Trial filed by COLUMBIA CASUALTY COMPANY, declaration. (mac, ) (Entered: 06/13/2006)
2472006-06-14 RESPONSE in Opposition re 242 MOTION in Limine to Exclude the Testimony of Barry L. Katz filed by ASTENJOHNSON, INC.. (Attachments: # 1)(ELLISON, JOHN) (Entered: 06/14/2006)
2482006-06-14 AFFIDAVIT in Opposition re 242 MOTION in Limine to Exclude Testimony of Barry L. Katz filed by ASTENJOHNSON, INC.. (ELLISON, JOHN) (Entered: 06/14/2006)
2492006-06-20 PLAINTIFF ASTENJOHNSON, INC.'S Memorandum in Opposition to American's February 9, 2006 Letter, Certificate of Service. (Attachments: # 1 Affidavit Affidavit of Michael Conley, Esq.)(ELLISON, JOHN) Modified on 6/26/2006 (fh) (Entered: 06/20/2006)
2502006-06-20 Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Motion Hearing held on 6/20/06,Counsel addressed the Court, The Court will issue a decision on the outstanding motions. Court Reporter/ESR: Laura Buenzle. (mac, ) (Entered: 06/20/2006)
2512006-06-22 TRANSCRIPT of Proceedings, Oral Argument held on 6/20/06 before Judge Lawrence F. Stengel. Court Reporter: Laura Buenzle. (mac, ) (Entered: 06/22/2006)
2522006-06-22 MEMORANDUM AND ORDER THAT DEFENDANT, AMERICAN INSURANCE COMPANY'S MOTION TO STRIKE PLAINTIFF ASTENJOHNSON'S JURY DEMAND AND MOTION TO STRIKE THE JURY DEMAND AND BIFURCATE TRIAL ARE GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 6/22/06. 6/23/06 ENTERED AND COPIES MAILED AND E-MAILED.(le, ) (Entered: 06/23/2006)
2532006-06-22 ORDER THAT PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE DEFENDANTS FROM INTRODUCING ANY SO-CALLED TRADE CUSTOM OR USAGE EVIDENCE REGARDING THE TERM "ASBESTOSIS" FOR FAILURE TO MEET THEIR EVIDENTIARY BURDEN IS DENIED. PLAINTIFF'S MOTION TO PRECLUDE INADMISSABLE SO-CALLED CUSTOM AND USAGE EVIDENCE IS DENIED. COLUMBIA CASUALTY'S MOTION IN LIMINE TO PRECLUDE AJN FROM PRESENTING ARGUMENT OR EVIDENCE CONCERNING AJN'S UNDERSTANDING OR INTENT REGARDING THE SCOPE OF ASBESTOSIS EXCLUSION, EXCEPT AS TESTIFIED BY GLORIA FORBES IS DENIED. AMERICAN INSURANCE'S MOTION TO PRECLUDE EVIDENCE OF AJN'S UNDISCLOSED INTENT AS TO THE MEANING OF THE ASBESTOS EXCLUSION IN ITS POLICIES WITH COLUMBIA AND AMERICAN IS DENIED. COLUMBIA CASUALTY'S MOTION TO PRECLUDE INTRODUCTION OF EVIDENCE THAT BABB WAS NOT AJN'S AGENT FOR PURPOSES OF PROCURING THE SUBJECT COLUMBIA POLICIES IS DENIED. COLUMBIA CASUALTY'S MOTION IN LIMINE TO PRECLUDE AJN FROM INTRODUCING DAVID SAYLES' DEPOSITION TESTIMONY IN ANOTHER PROCEEDING IS GRANTED. AMERICAN INSURANCE'S MOTIONS TO PRECLUDE CERTAIN TESTIMONY OF JAMES A. YOUNG AND JAMES GIBSON ARE DENIED. COLUMBIA CASUALTY'S MOTION TO PRECLUDE TESTIMONY THAT AT LEAST 153 OF AJN'S PRE 1981 UNDERLYING ASBESTOS CLAIMS WERE NOT PRODUCTS LIABILITY COMPLAINTS IS DENIED. PLAINTIFF'S MOTION TO PRECLUDE THE EXPERT TESTIMONY OF BRIAN GAGAN IS DENIED. PLAINTIFF'S MOTION TO PRECLUDE COLUMBIA CASUALTY AND AMERICAN FROM PROFFERING TESTIMONY OF WITNESSES LACKING PERSONAL KNOWLEDGE IS DENIED. PLAINTIFF'S MOTION TO PRECLUDE THE EXPERT TESTIMONY OF ALAN D. WINDT IS DENIED. AMERICAN INSURANCE'S MOTION TO EXCLUDE DOCUMENTS REGARDING GENERAL KNOWLEDGE OF ASBESTOS IS GRANTED. COLUMBIA CASUALTY'S MOTION TO INCORPORATE BY REFERENCE ALL MOTIONS IN LIMINE FILED BY DEFENDANTS AMERICAN INSURANCE COMPANY IS GRANTED. AMERICAN INSURANCE'S MOTION TO EXCLUDE THE TESTIMONY OF BARRY L. KATZ, ESQUIRE OR THE IN ALTERNATIVE TO OBTAIN LEAVE OF COURT TO CONDUCT DISCOVERY RELATING TO MR. KATZ TESTIMONY, INCLUDING DEPOSING THE WITNESS PRIOR TO TRIAL IS DENIED. WITHIN 5 DAYS OF THE ENTRY OF THIS ORDER, PLAINTIFF SHALL PROVIDE TO THE DEFENDANTS ITS SUMMARY OF ALL FACTS AND OPINIONS WHICH MR. KATZ IS EXPECTED TO TESTIFY. THE PARTIES MAY ARGUE THE RELEVANCE OF THIS TESTIMONY AT TRIAL. PLAINTIFF'S MOTION TO PRECLUDE THE INTRODUCTION OF EVIDENCE FROM IN RE ASBESTOS INSURANCE COVERAGE CASES IS GRANTED EXCEPT INSOFAR AS THE EVIDENCE IS TO BE USED FOR IMPEACHMENT PURPOSES. AMERICAN INSURANCE'S MOTION FOR WRITTEN JURY QUESTIONNAIRE IS DENIED AS MOOT. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 6/22/06.6/23/06 ENTERED AND COPIES MAILED AND E-MAILED.(le, ) (Entered: 06/23/2006)
2542006-06-23 MOTION to Certify Emergency Motion for Certification for Interloctury Appeal and for a Stay filed by ASTENJOHNSON, INC..Memorandum and Certificate of Service.(ELLISON, JOHN) (Entered: 06/23/2006)
2552006-06-27 RESPONSE in Opposition re 254 MOTION to Certify Emergency Motion for Certification for Interloctury Appeal and for a Stay , Memorandum in Support and Certificate of Lisa G. Rowe filed by AMERICAN INSURANCE COMPANY. (PETERS, PAUL) (Entered: 06/27/2006)
2562006-06-27 RESPONSE in Opposition re 254 MOTION to Certify Emergency Motion for Certification for Interloctury Appeal and for a Stay filed by COLUMBIA CASUALTY COMPANY. (SCHILLER, RONALD) (Entered: 06/27/2006)
2572006-06-28 MOTION for Leave to File Reply Memorandum In Further Support Of Its Motion To Quash Certain Subpoenas (By Letter of February 9, 2006) filed by AMERICAN INSURANCE COMPANY.. (Attachments: # 1 Exhibit Defendant American Insurance Company's Reply Memorandum In Further Support of Its Motion to Quash Certain Subpoenas (By Letter of February 9, 2006)# 2 Affidavit Certificate of Lisa G. Rowe)(PETERS, PAUL) (Entered: 06/28/2006)
2582006-06-28 ORDER THAT PLAINTIFF'S EMERGENCY MOTION FOR CERTIFICATION FOR INTERLOCUTORY APPEAL IS DENIED. THE MOTION FOR A STAY IS GRANTED PENDING DISPOITION OF THE PETITION FOR A WRIT OF MANDAMUS. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 6/28/06.6/29/06 ENTERED AND COPIES MAILED, E-MAILED. (stb, ) (Entered: 06/29/2006)
2592006-06-29 MEMORANDUM AND ORDER THAT PLAINTIFF FILED A PETITION FOR A WRIT OF MANDAMUS WITH THE THIRD CIRCUIT ON 6/27/06. I WILL STAY PROCEEDINGS FOR A SHORT PERIOD OF TIME, PENDING THE OUTCOME OF THAT PETITION; ETC.. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 6/29/06. 6/29/06 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 06/29/2006)
2602006-07-03 MOTION to Supplement the Record to Include Counsel's Letters of June 7, 2006 and June 8, 2006 filed by ASTENJOHNSON, INC..Certificate of Service.(ELLISON, JOHN) (Entered: 07/03/2006)
2612006-07-03 MOTION to Supplement the Record to Include Counsel's Letters of May 23, 2006 and May 25, 2006 filed by ASTENJOHNSON, INC..Certificate of Service.(ELLISON, JOHN) (Entered: 07/03/2006)
2622006-07-03 MOTION for Clarification and/or Reconsideration of the June 22, 2006 Order filed by ASTENJOHNSON, INC..Memorandum, Certificate of Service.(ELLISON, JOHN) (Entered: 07/03/2006)
2632006-07-05 RESPONSE in Opposition re 262 MOTION for Clarification and/or Reconsideration of the June 22, 2006 Order and Memorandum in support filed by AMERICAN INSURANCE COMPANY, Certificate of Service. (PETERS, PAUL) Modified on 7/6/2006 (np). (Entered: 07/05/2006)
2642006-07-05 Certified Copy of Order from U.S.C.A. dated July 5, 2006, that the petition on behalf of ASTENJOHNSON, INC. for Writ of Mandamus is denied. Petition on behalf of Petitioner ASTENJOHNSON, INC. for an emergency stay of Non-Jury Trial is scheduled for July 5, 2006 is denied,as moot. Motion of COLUMBIA CASUALTY for leave to file response under seal is granted. (mac, ) (Entered: 07/06/2006)
2652006-07-06 Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Settlement Conference held on 7/5/06. (mac, ) (Entered: 07/06/2006)
2662006-07-06 MOTION in Limine to Preclude the Testimony of Barry L. Katz, Esquire, for Failure to Comply with Court Order Dated June 22, 2006, filed by AMERICAN INSURANCE COMPANY. Memorandum in Support and Certificate of Service.(PETERS, PAUL) (Entered: 07/06/2006)
2672006-07-06 ORDER THAT AMERICAN INSURANCE COMPANY'S MOTION FOR LEAVE TO FILE REPLY MEMORANDUM IS DENIED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 7/6/06.7/7/06 ENTERED AND COPIES MAILED AND E-MAILED. (mac, ) (Entered: 07/07/2006)
2682006-07-06 ORDER THAT PLAINTIFF'S MOTION FOR CLARIFICATION AND/OR RECONSIDERATION OF THE JUNE 22, 2006 ORDER IS DENIED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 7/6/06.7/7/06 ENTERED AND COPIES MAILED AND E-MAILED. (mac, ) (Entered: 07/07/2006)
2692006-07-06 ORDER THAT PLAINTIFF'S MOTION TO SUPPLEMENT THE RECORD TO INCLUDE COUNSEL'S LETTERS OF MAY 23, 2006 AND MAY 25, 2006 AND PLAINTIFF'S MOTION TO SUPPLEMENT THE RECORD TO INCLUDE COUNSEL'S LETTERS OF JUNE 7, 2006 AND JUNE 8, 2006 ARE GRANTED. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 7/6/06.7/7/06 ENTERED AND COPIES MAILED AND E-MAILED. (mac, ) (Entered: 07/07/2006)
2702006-07-09 Objections by AMERICAN INSURANCE COMPANY to Plaintiff AstenJohnson, Inc.'s Supplemental Trial Exhibit List. (PETERS, PAUL) (Entered: 07/09/2006)
2712006-07-09 Objections by COLUMBIA CASUALTY COMPANY to Plaintiff's Proposed Supplemental Trial Exhibits. (SCHILLER, RONALD) (Entered: 07/09/2006)
2722006-07-07 Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Settlement Conference held on 7/7/06. (mac, ) (Entered: 07/10/2006)
2732006-07-11 Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Bench Trial-Day 1 held on 7/10/06, Counsel addressed the Court. Witnesses called and sworn. Court Reporter/ESR: Laura Buenzle. (mac, ) (Entered: 07/12/2006)
2742006-07-17 Memorandum of Law in Opposition re 266 MOTION in Limine to Preclude the Testimony of Barry L. Katz, Esquire, for Failure to Comply with Court Order Dated June 22, 2006, filed by ASTENJOHNSON, INC., Certificate of Service. (ELLISON, JOHN) Modified on 7/19/2006 (np). (Entered: 07/17/2006)
2752006-07-18 Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Jury Trial - Day #2 held on 7/11/06. Witnesses called and sworn. Court Reporter: BUENZLE. (stb, ) (Entered: 07/19/2006)
2762006-07-18 Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Jury Trial - Day #3 held on 7/12/06. Witness called and sworn. Court Reporter: BUENZLE. (stb, ) (Entered: 07/19/2006)
2772006-07-18 Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Jury Trial - Day #4 held on 7/13/06. Witness called and sworn Court Reporter: BUENZLE. (stb, ) (Entered: 07/19/2006)
2782006-08-07 TRANSCRIPT of Proceedings, Bench Hearing held on 7/10/06 before Judge Lawrence F. Stengel. Court Reporter: Laura Buenzle. (mac, ) (Entered: 08/07/2006)
2792006-08-07 TRANSCRIPT of Proceedings, Bench Hearing held on 7/11/06 before Judge Lawrence F. Stengel. Court Reporter: Laura Buenzle. (mac, ) (Entered: 08/07/2006)
2802006-08-07 TRANSCRIPT of Proceedings, Bench Hearing held on 7/12/06 before Judge Lawrence F. Stengel. Court Reporter: Laura Buenzle. (mac, ) (Entered: 08/07/2006)
2812006-08-07 TRANSCRIPT of Proceedings, Bench Hearing held on 7/13/06 before Judge Lawrence F. Stengel. Court Reporter: Laura Buenzle. (mac, ) (Entered: 08/07/2006)
2822006-09-20 ORDER THAT DEFENDANT'S MOTION IN LIMINE TO PRECLUDE TESTIMONY OF BARRY L. KATZ, ESQUIRE FOR FAILURE TO COMPLY WITH COURT ORDER 6/22/06 IS DENIED. . SIGNED BY JUDGE LAWRENCE F. STENGEL ON 9/20/2006.9/20/2006 ENTERED AND COPIES MAILED AND E-MAILED. (nda, ) (Entered: 09/20/2006)
2832006-09-21 Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Bench Trial Continued held on 9/18/06. All counsel present - trial resumes from July 13, 2006. Witnesses called and sworn. Court Reporter: Laura Buenzle. (mac, ) (Entered: 09/21/2006)
2842006-09-25 TRANSCRIPT of Proceedings held on 9/18/06 before Judge STENGEL. Court Reporter: LAURA BUENZLE. BENCH HEARING (jl, ) (Entered: 09/25/2006)
2852006-09-25 TRANSCRIPT of Proceedings held on 9/19/06 before Judge STENGEL. Court Reporter: LAURA BUENZLE. BENCH HEARING (jl, ) (Entered: 09/25/2006)
2862006-09-25 TRANSCRIPT of Proceedings held on 9/20/06 before Judge STENGEL. Court Reporter: LAURA BUENZLE. BENCH HEARING (jl, ) (Entered: 09/25/2006)
2872006-09-25 TRANSCRIPT of Proceedings held on 9/21/06 before Judge STENGEL. Court Reporter: LAURA BUENZLE. BENCH HEARING (jl, ) (Entered: 09/25/2006)
2882006-09-25 TRANSCRIPT of Proceedings, Bench Trial held on 9/22/06 before Judge Lawrence F. Stengel. Court Reporter: Laura Buenzle. (mac, ) (Entered: 09/25/2006)
2892006-09-25 ORDER THAT THE PARTIES' SHALL FILE THEIR PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON FRIDAY, OCTOBER 13, 2006 AND AND ORAL ARGUMENT IS SET FOR 11/3/2006 AT 10:00 AM IN COURTROOM 3A BEFORE HONORABLE LAWRENCE F. STENGEL. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 9/25/06. 9/25/06 ENTERED AND COPIES MAILED, E-MAILED.(mac, ) (Entered: 09/25/2006)
2902006-09-28 TRANSCRIPT of Proceedings, Bench Hearing held on 9/26/06 before Judge Lawrence F. Stengel. Court Reporter: Laura Buenzle. (mac, ) (Entered: 09/28/2006)
2912006-09-28 NOTICE of Appearance by SUSAN SIMPSON BROWN on behalf of AMERICAN INSURANCE COMPANY (BROWN, SUSAN) (Entered: 09/28/2006)
2922006-09-28 TRANSCRIPT of Proceedings held on 9/27/06 before Judge STENGEL. Court Reporter: LAURA BUENZLE. BENCH HEARING (jl, ) (Entered: 09/28/2006)
2932006-09-29 NOTICE of Appearance by SUSAN SIMPSON BROWN on behalf of AMERICAN INSURANCE COMPANY and Withdrawal of Appearance of WENDY KOCH (BROWN, SUSAN) Modified on 10/2/2006 (np). (Entered: 09/29/2006)
2942006-10-13 Proposed Findings of Fact and Conclusions of Law by ASTENJOHNSON, INC.. Certificate of Service (ELLISON, JOHN) (Entered: 10/13/2006)
2952006-10-13 Proposed Findings of Fact and Conclusions of Law by ASTENJOHNSON, INC.. Certificate of Service (ELLISON, JOHN) (Entered: 10/13/2006)
2962006-10-13 Proposed Findings of Fact and Conclusions of Law by AMERICAN INSURANCE COMPANY. Certificate of Service (Attachments: # 1 # 2)(PETERS, PAUL) (Entered: 10/13/2006)
2972006-10-13 Proposed Findings of Fact and Conclusions of Law by COLUMBIA CASUALTY COMPANY. Certificate of Service (Attachments: # 1 Part 2)(SCHILLER, RONALD) (ATTORNEY RE-FILED FULL DOCUMENT) Modified on 10/17/2006 (np). (Entered: 10/13/2006)
2982006-10-13 Proposed Findings of Fact and Conclusions of Law by COLUMBIA CASUALTY COMPANY. (SCHILLER, RONALD) Additional attachment(s) added on 10/17/2006 (np, ). (Entered: 10/13/2006)
2992006-10-17 Amended Objections and Counter Designations to Plaintiff's Deposition Designations by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY, Certificate of Service. (ROSENBLUM, NICOLE) Modified on 10/18/2006 (cdd, ). (Entered: 10/17/2006)
3002006-10-17 AMENDED DOCUMENT by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY. Amended Deposition Designations. (ROSENBLUM, NICOLE) (Entered: 10/17/2006)
3012006-10-17 Amended Deposition Designations by AMERICAN INSURANCE COMPANY. (Attachments: # 1 Certification of Paul Peters)(PETERS, PAUL) Modified on 10/18/2006 (cdd, ). (Entered: 10/17/2006)
3022006-10-17 AMENDED DOCUMENT by AMERICAN INSURANCE COMPANY. Amended Objections and Counter Designations. (Attachments: # 1)(PETERS, PAUL) (Entered: 10/17/2006)
3032006-10-19 Proposed Findings of Fact and Conclusions of Law by AMERICAN INSURANCE COMPANY. Certificate of Service (Attachments: # 1 Errata Defendant American Insurance Company's Amended Proposed Findings of Facts and Conclusions of Law)(PETERS, PAUL) (Entered: 10/19/2006)
3042006-10-19 Objections by ASTENJOHNSON, INC. to Deposition Designations. (CONLEY, MICHAEL) (Entered: 10/19/2006)
3052006-10-26 Exhibit List Cross Reference List of Designated Deposition Exhibit Numbers with Trial Exhibit Numbers by AMERICAN INSURANCE COMPANY.. Certificate of Service (Attachments: # 1)(PETERS, PAUL) (Entered: 10/26/2006)
3062006-11-06 Exhibit List (Supplemental Trial Exhibits Relating to Deposition Designations) by COLUMBIA CASUALTY COMPANY, COLUMBIA CASUALTY COMPANY.. Certificate of Service (ROSENBLUM, NICOLE) (Entered: 11/06/2006)
3072006-11-06 Minute Entry for proceedings held before Judge LAWRENCE F. STENGEL : Closing Arguments held on 11/3/06. Counsel addressed the Court. The Court thanked counsel and directed that an order would be issued in the future. Court Reporter: Laura Buenzle. (mac, ) (Entered: 11/06/2006)
3082006-11-09 Supplemental Findings of Fact and Conclusions of Law by AMERICAN INSURANCE COMPANY, Certificate of Service (Attachments: # 1Compendium of Cases # 2 Certificate of Service)(PETERS, PAUL) Modified on 11/13/2006 (cdd, ). (Entered: 11/09/2006)
3092006-11-20 TRANSCRIPT of Proceedings, Argument held on 11/3/06 before Judge Lawrence F. Stengel. Court Reporter: Laura Buenzle. (mac, ) (Entered: 11/20/2006)
3102007-03-02 Withdrawal of Appearance of PAUL PETERS, LISA ROWE, JEFFREY KAUFMANN as Attorney filed by AMERICAN INSURANCE COMPANY.Certificate of Service. (Attachments: # 1 Certificate of Service)(BROWN, SUSAN) Modified on 3/5/2007 (np). (Entered: 03/02/2007)
3112007-03-27 MOTION for Pro Hac Vice Admission of Gary Centola filed by AMERICAN INSURANCE COMPANY.Affidavit, CERTIFICATE OF SERVICE. (Attachments: # 1 Affidavit Affidavit of Gary Centola# 2 Proposed Order# 3 Certificate of Service)(BROWN, SUSAN) Modified on 3/28/2007 (afm, ). (Entered: 03/27/2007)
3122007-03-27 MOTION for Pro Hac Vice Admission of Anthony LaPorta filed by AMERICAN INSURANCE COMPANY.Affidavit, CERTIFICATE OF SERVICE. (Attachments: # 1 Affidavit Affidavit of Anthony LaPorta# 2 Proposed Order# 3 Certificate of Service)(BROWN, SUSAN) Modified on 3/28/2007 (afm, ). (Entered: 03/27/2007)
3132007-03-29 ORDER THAT GARY CENTOLA, ESQUIRE SHALL BE ADMITTED, PRO HAC VICE, AS CO-COUNSEL FOR DEFENDANT, AMERICAN INSURANCE COMPANY, FOR PURPOSES OF THIS LITIGATION. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 3/29/07.3/30/07 ENTERED AND COPIES MAILED AND FAXED.(mac, ) Additional attachment(s) added on 5/24/2007 (pr, ). (Entered: 03/30/2007)
3142007-03-29 ORDER THAT ANTHONT LAPORTA, ESQUIRE SHALL BE ADMITTED, PRO HAC VICE, AS CO-COUNSEL FOR DEFENDANT, AMERICAN INSURANCE COMPANY, FOR PURPOSES OF THIS LITIGATION. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 3/29/07.3/30/07 ENTERED AND COPIES MAILED AND FAXED(mac, ) Additional attachment(s) added on 5/24/2007 (pr, ). (Entered: 03/30/2007)
3152007-03-29 OPINION AND ORDER THAT BASED UPON THE FINDINGS OF FACT AND CONCLUSIONS OF LAW DETAILED ABOVE: ASTENJOHNSON, INC.'S COVERAGE SUIT AGAINST COLUMBIA CASUALTY COMPANY IS BARRED UNDER THE EQUITABLE DOCTRINE OF LACHES, ETC.. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 3/30/07. 3/30/07 ENTERED AND COPIES MAILED, E-MAILED.(mac, ) (Entered: 03/30/2007)
3162007-03-30 ORDER THAT THIS ACTION IS CLOSED FOR ALL PURPOSES. SIGNED BY JUDGE LAWRENCE F. STENGEL ON 3/30/07. 3/30/07 ENTERED AND COPIES MAILED, E-MAILED.(stb, ) (Entered: 03/30/2007)
3172007-04-26 NOTICE by ASTENJOHNSON, INC. Notice of Appeal (Attachments: # 1 # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Certificate of Service)(CONLEY, MICHAEL) (Entered: 04/26/2007)
3182007-04-26 Clerk's Notice to U.S.C.A. as to 317 Notice of Appeal: (mac, ) (Entered: 04/27/2007)
3192007-05-10 Copy of TPO Form re Notice of Appeal : (mac, ) (Entered: 05/11/2007)
3202007-08-10 BILL OF COSTS by COLUMBIA CASUALTY COMPANY. (Attachments: # 1 Exhibit Bill of Costs Receipts Itemized# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F (1 of 4)# 8 Exhibit F (2 of 4)# 9 Exhibit F (3 of 4)# 10 Exhibit F (4 of 4)# 11 Exhibit G (1 of 3)# 12 Exhibit G (2 of 3)# 13 Exhibit G (3 of 3))(ROSENBLUM, NICOLE) (Entered: 08/10/2007)
3212009-04-20 ORDER THAT THIS CASE SHALL BE STAYED UNTIL FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 4/17/2009. 4/21/2009 ENTERED AND COPIES E-MAILED AND FAXED.(ap, ) (Entered: 04/21/2009)
3222009-05-04 NOTICE by AMERICAN INSURANCE COMPANY for Substitution of Counsel (COHN, JACOB) (Entered: 05/04/2009)
3232009-09-22 NOTICE of Hearing:TELEPHONE STATUS CONFERENCE SET FOR 10/5/2009 AT 9:30 AM BEFORE HONORABLE LAWRENCE F. STENGEL. PLAINTIFF'S COUNSEL WILL INITIATE THE CONFERENCE CALL WITH ALL COUNSEL AND WITH JUDGE STENGEL.(pac,) (Entered: 09/22/2009)
3242009-11-25 JUDGMENT ORDER of USCA DATED 4/2/2009 as to Notice of Appeal,, filed by ASTENJOHNSON, INC. THAT THE JUDGMENT OF THE SAID DISTRICT COURT ENTERED 3/30/2007 IS AFFIRMED INSOFAR AS IT DECLARED THE OBLIGATIONS OF AMERICAN WITH RESPECT TO THE DUTY TO DEFEND OR PAY DEFENSE COSTS UNDER THE 1982 AMERICAN EXCESS POLICY. IN ALL OTHER RESPECTS THE JUDGMENT OF THE DISTRICT COURT IS REVERSED AND THIS CASE IS REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THE OPINION OF THIS COURT. (ap, ) (Entered: 11/27/2009)
3252009-12-14 NOTICE of Hearing:TELEPHONE STATUS CONFERENCE SET FOR 2/8/2010 AT 9:30 AM BEFORE HONORABLE LAWRENCE F. STENGEL. PLAINTIFF'S COUNSEL SHALL INITIATE THE CONFERENCE CALL.(pac,) (Entered: 12/14/2009)
3262009-12-17 NOTICE of Appearance by JOHN S. GHOSE on behalf of ASTENJOHNSON, INC. with Certificate of Service(GHOSE, JOHN) (Entered: 12/17/2009)
3272009-12-17 NOTICE by ASTENJOHNSON, INC. for ENTRY OF APPEARANCE of ROBERT C. HEIM (GHOSE, JOHN) (Entered: 12/17/2009)
3282010-01-19 APPLICATION Pro Hac Vice by Rhonda D. Orin by ASTENJOHNSON, INC.. with SPONSOR'S STATEMENT, CERTIFICATE OF SERVICE. (Filing Fee paid, $40.00, Receipt number 016149) (ap, ) (Entered: 01/19/2010)
3292010-01-20 ORDER THAT THE APPLICATION OF RHONDA D. ORIN, ESQ. TO PRACTICE IN THIS COURT IS GRANTED. ATTORNEY RHONDA D. ORIN for ASTENJOHNSON, INC. ADDED.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 1/19/2010. 1/20/2010 ENTERED AND COPIES MAILED, E-MAILED.(ap, ) (Entered: 01/20/2010)
3302010-01-22 NOTICE of Appearance by ROBERT C. HEIM on behalf of ASTENJOHNSON, INC. with Certificate of Service(HEIM, ROBERT) (Entered: 01/22/2010)
3312010-02-08 Minute Entry for proceedings held before HONORABLE LAWRENCE F. STENGEL: Telephonic Status Conference held on 2/8/10. (kk, ) (Entered: 02/08/2010)
3322010-02-08 NOTICE of Change of Address by RONALD P. SCHILLER(SCHILLER, RONALD) (Entered: 02/08/2010)
3332010-02-09 ORDER THAT A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 8/25/2010 AT 09:30 AM IN ROOM 3809 BEFORE HONORABLE LAWRENCE F. STENGEL. THIS MATTER IS SPECIALLY LISTED FOR TRIAL TO COMMENCE ON 9/7/2010 AT 09:30 AM IN COURTROOM 3B BEFORE HONORABLE LAWRENCE F. STENGEL.). SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 2/8/2010. 2/9/2010 ENTERED AND COPIES MAILED, E-MAILED.(ap, ) (Entered: 02/09/2010)
3342010-02-19 NOTICE of Appearance by WILLIAM P. SHELLEY on behalf of AMERICAN INSURANCE COMPANY with Certificate of Service(SHELLEY, WILLIAM) (Entered: 02/19/2010)
3352010-03-24 NOTICE of Appearance by SUSAN SIMPSON BROWN on behalf of AMERICAN INSURANCE COMPANY with Certificate of Service(BROWN, SUSAN) (Entered: 03/24/2010)
3362010-03-25 NOTICE of Withdrawal of Appearance by JOHN N. ELLISON on behalf of ASTENJOHNSON, INC. (Attachments: # 1 Certificate of Service)(ELLISON, JOHN) (Entered: 03/25/2010)
3372010-05-17 MOTION for Discovery for Leave to Serve Request for Admission filed by ASTENJOHNSON, INC..Memorandum, Affidavit, Certificate of Service. (Attachments: # 1 Exhibit 1, # 2 Cert of Service)(CONLEY, MICHAEL) (Entered: 05/17/2010)
3382010-05-20 NOTICE of Hearing:PRETRIAL CONFERENCE SET FOR 6/16/2010 AT 9:30 AM IN COURTROOM 3B BEFORE HONORABLE LAWRENCE F. STENGEL.(pac,) (Entered: 05/20/2010)
3392010-05-26 NOTICE of Appearance by ALEXANDER BILUS on behalf of ASTENJOHNSON, INC. with Certificate of Service(BILUS, ALEXANDER) (Entered: 05/26/2010)
3402010-05-26 NOTICE of Withdrawal of Appearance by JOHN S. GHOSE on behalf of ASTENJOHNSON, INC.(GHOSE, JOHN) (Entered: 05/26/2010)
3412010-05-28 MOTION Leave to Update and/or Supplement Plaintiff Asten Johnson, Inc.'s Trial Exhibit List and Expert Reports filed by ASTENJOHNSON, INC..Memorandum, Affidavit, Certificate of Service. (Attachments: # 1 Certificate of Service, # 2 Exhibit 1-Affidavit of Frederick A. Pettit, Esquire, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(CONLEY, MICHAEL) (Entered: 05/28/2010)
3422010-05-28 RESPONSE in Opposition re 337 MOTION for Discovery for Leave to Serve Request for Admission filed by AMERICAN INSURANCE COMPANY, COLUMBIA CASUALTY COMPANY. (SCHILLER, RONALD) (Entered: 05/28/2010)
3432010-06-03 NOTICE of Hearing:THE IN-PERSON STATUS CONFERENCE SET FOR 6/16/2010 AT 9:30 AM BEFORE HONORABLE LAWRENCE F. STENGEL HAS BEEN CHANGED TO A TELEPHONE STATUS CONFERENCE. PLAINTIFF'S COUNSEL WILL INITIATE THE CALL WITH OPPOSING COUNSEL, WITH THE JUDGE'S LAW CLERK KATE MALIA AT 267-299-7762, AND WITH JUDGE STENGEL.(pac,) (Entered: 06/03/2010)
3442010-06-11 RESPONSE in Opposition re 341 MOTION Leave to Update and/or Supplement Plaintiff Asten Johnson, Inc.'s Trial Exhibit List and Expert Reports filed by AMERICAN INSURANCE COMPANY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(COHN, JACOB) (Entered: 06/11/2010)
3452010-06-11 RESPONSE in Opposition re 341 MOTION Leave to Update and/or Supplement Plaintiff Asten Johnson, Inc.'s Trial Exhibit List and Expert Reports filed by COLUMBIA CASUALTY COMPANY. (SCHILLER, RONALD) (Entered: 06/11/2010)
3462010-06-16 MOTION for Partial Summary Judgment Declaring that All Asbestos Claims Against AstenJohnson Inc., Arise From a Single Occurrence filed by AMERICAN INSURANCE COMPANY.Motion for Partial Summary Judgment. (Attachments: # 1 Memorandum of Law in Support of AIC Motion for Partial Summary Judgment, # 2 Proposed Order, # 3 Certificate of Service, # 4 Exhibit 1, Part 1, # 5 Exhibit 1, Part 2, # 6 Exhibit 2, # 7 Exhibit 3)(COHN, JACOB) (Entered: 06/16/2010)
3472010-06-16 REPLY to Response to Motion re 341 MOTION Leave to Update and/or Supplement Plaintiff Asten Johnson, Inc.'s Trial Exhibit List and Expert Reports filed by ASTENJOHNSON, INC.. (Attachments: # 1 Exhibit -- Declaration and Exhibits in Support of Reply)(BILUS, ALEXANDER) (Entered: 06/16/2010)
3482010-06-17 Minute Entry for proceedings held before HONORABLE LAWRENCE F. STENGEL: Telephone Status Conference held on 6/16/2010. (kp, ) (Entered: 06/18/2010)
3492010-06-21 ORDER THAT DEFENDANTS SHALL FILE SUMMARY JUGMENT MOTIONS ON OR BEFORE 6/28/2010. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 6/21/10. 6/22/10 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) (Entered: 06/22/2010)
3502010-06-24 MOTION for Leave to File Excess Pages in Connection with Brief in Support of Motion for Summary Judgment filed by COLUMBIA CASUALTY COMPANY.Certificate of Service. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Certificate of Service)(SCHILLER, RONALD) (Entered: 06/24/2010)
3512010-06-28 Second MOTION for Summary Judgment filed by COLUMBIA CASUALTY COMPANY.Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum of Law, # 3 Statement of Undisputed Material Facts, # 4 Declaration of Ronald P. Schiller, # 5 Exhibit CCC-4, # 6 Exhibit CCC-6, # 7 Exhibit CCC-7, # 8 Exhibit CCC-10, # 9 Exhibit CCC-11, # 10 Exhibit CCC-23, # 11 Exhibit CCC-40, # 12 Exhibit CCC-48, # 13 Exhibit CCC-61, # 14 Exhibit CCC-73, # 15 Exhibit CCC-74, # 16 Exhibit CCC-119, # 17 Exhibit CCC-131, # 18 Exhibit CCC-151, # 19 Exhibit CCC-159, # 20 Exhibit CCC-160, # 21 Exhibit CCC-188, # 22 Exhibit CCC-220, # 23 Exhibit CCC-221, # 24 Exhibit CCC-229, # 25 Exhibit CCC-259, # 26 Exhibit CCC-277, # 27 Exhibit AMER-178, # 28 Exhibit P-7, # 29 Exhibit P-9, # 30 Exhibit P-130, # 31 Exhibit P-205, # 32 Exhibit P-206, # 33 Exhibit Excerpts from Rick Crane Dep, # 34 Exhibit Excerpts from William Finn Dep, # 35 Exhibit Excerpts from Gloria Forbes Dep, # 36 Exhibit Excerpts from James Gibson Dep 1-6-05, # 37 Exhibit Excerpts from James Gibson Dep 3-17-05, # 38 Exhibit Excerpts from David Sayles Dep, # 39 Exhibit Excerpts from Carmen Valentin Dep, # 40 Exhibit Excerpts from James Young Dep 3-8-05, # 41 Exhibit Excerpts from James Young Dep 3-29-05, # 42 Exhibit Excerpts from Morton Zelman Dep, # 43 Exhibit Excerpts from Notes of Testimony 7-10-06, # 44 Exhibit Excerpts from Notes of Testimony 7-11-06, # 45 Exhibit Excerpts from Notes of Testimony 7-12-06, # 46 Exhibit Excerpts from Notes of Testimony 7-13-06, # 47 Exhibit Excerpts from Notes of Testimony 9-18-06, # 48 Exhibit Excerpts from Notes of Testimony 9-19-06, # 49 Exhibit Excerpts from Notes of Testimony 9-20-06, # 50 Exhibit Excerpts from Notes of Testimony 9-22-06, # 51 Exhibit Excerpts from Notes of Testimony 9-27-06)(SCHILLER, RONALD) (Entered: 06/28/2010)
3522010-06-29 ORDER THAT COLUMBIA CASUALTY COMPANY'S MOTION TO EXCEED THE PAGE LIMIT IN CONNECTION WITH ITS BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT IS GRANTED; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 6/28/2010.6/30/2010 ENTERED AND COPIES MAILED, E-MAILED.(tomg, ) (Entered: 06/30/2010)
3532010-07-01 Memorandum of Law in Opposition re 346 MOTION for Partial Summary Judgment Declaring that All Asbestos Claims Against AstenJohnson Inc., Arise From a Single Occurrence filed by ASTENJOHNSON, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service) (PILLSBURY, WILLIAM) Modified on 7/2/2010 (nd). (Entered: 07/01/2010)
353.1
353.2
353.3
3542010-07-07 MOTION for Leave to File A Reply Brief in Further Support of Motion for Partial Summary Judgment filed by AMERICAN INSURANCE COMPANY.Motion for Leave to File a Reply Brief in Further Support of Motion for Partial Summary Judgment. (Attachments: # 1 Exhibit A, # 2 Proposed Order, # 3 Certificate of Service)(COHN, JACOB) (Entered: 07/07/2010)
354.1 Exhibit A
354.2 Proposed Order
354.3 Certificate of Service
3552010-07-08 ORDER THAT COUNSEL FOR PLAINTIFF AND COUNSEL FOR DEFENDANT COLUMBIA CASUALTY COMPANY ARE DIRECTED TO PARTICIPATE IN MEDIATION BEFORE THE HONORABLE PAUL S. DIAMOND. COUNSEL FOR PLAINTIFF AND COUNSEL FOR DEFENDANT COLUMBIA CASUALTY COMPANY SHALL CONTACT JUDGE DIAMOND'S CHAMBERS FORTHWITH TO ARRANAGE A DATE AND TIME FOR MEDIATION.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 7/7/10. 7/8/10 ENTERED AND COPIES MAILED, E-MAILED.(dp, ) (Entered: 07/08/2010)
3562010-07-09 MOTION for Leave to File Excess Pages In Opposition to Summary Judgment Motion by Columbia Casualty Company filed by ASTENJOHNSON, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(CONLEY, MICHAEL) (Entered: 07/09/2010)
356.1 Text of Proposed Order
356.2 Certificate of Service
3572010-07-12 RESPONSE in Opposition re 351 Second MOTION for Summary Judgment by Columbia Casualty Company filed by ASTENJOHNSON, INC.. (Attachments: # 1 Memorandum of Law, # 2 Affidavit Affidavit of Michael Conley, # 3 Exhibit Exhibits 1-12 to the Affidavit of Michael Conley, # 4 Exhibit Exhibit 13 to the Affidavit of Michael Conley, # 5 Exhibit Exhibits 14-19 to the Affidavit of Michael Conley, # 6 Response to Columbia Statement of Undisputed Facts, # 7 Text of Proposed Order, # 8 Certificate of Service)(CONLEY, MICHAEL) (Entered: 07/12/2010)
357.1 Memorandum of Law
357.2 Affidavit Affidavit of Michael Conley
357.3 Exhibit Exhibits 1-12 to the Affidavit of Michael Conley
357.4 Exhibit Exhibit 13 to the Affidavit of Michael Conley
357.5 Exhibit Exhibits 14-19 to the Affidavit of Michael Conley
357.6 Response to Columbia Statement of Undisputed Facts
357.7 Text of Proposed Order
357.8 Certificate of Service
3582010-07-13 ORDER THAT A SETTLEMENT CONFERENCE SET FOR 8/5/2010 09:00 AM BEFORE HONORABLE LAWRENCE F. STENGEL.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/13/10. 7/13/10 ENTERED AND COPIES MAILED, E-MAILED AND FAXED BY CHAMBERS.(dp, ) (Entered: 07/13/2010)
3592010-07-13 Partial Joinder in Columbia Casualty Company's Second Motion for Summary Judgment and Cross-Motion for Summary Judgment on Grounds of Equitable Estoppel re 351 Second MOTION for Summary Judgment filed by AMERICAN INSURANCE COMPANY, Memorandum of Law, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support, # 2 Supplemental Statement of Undisputed Facts, # 3 Certificate of Service)(COHN, JACOB) Modified on 7/14/2010 (lisad, ). (Entered: 07/13/2010)
359.1 Memorandum of Law in Support
359.2 Supplemental Statement of Undisputed Facts
359.3 Certificate of Service
3602010-07-13 --Declaration and Exhibits in Support of Partial Joinder in Columbia Casualty Company's Second Motion for Summary Judgment and Cross-Motion for Summary Judgment on Grounds of Equitable Estoppel re 351 Second MOTION for Summary Judgment filed by AMERICAN INSURANCE COMPANY. (Attachments: # 1 P-1, # 2 P-2, # 3 P-3, # 4 P-4, # 5 P-138, # 6 AMER-30, # 7 AMER-53, # 8 AMER-60, # 9 AMER-90, # 10 AMER-178, # 11 AMER-472, # 12 AMER-478, # 13 AMER-481, # 14 AMER-615(excerpt), # 15 AMER-615A, Part 1, # 16 AMER-615A, Part 2, # 17 AMER-642, # 18 AMER-643, # 19 AMER-670, Part 1, # 20 AMER-670, Part 2, # 21 AMER-672, # 22 AMER-674, Part 1, # 23 AMER-674, Part 2, # 24 AMER-674, Part 3, # 25 AMER-677, Part 1, # 26 AMER-677, Part 2, # 27 AMER-677, Part 3, # 28 Excerpt of N.T., 9-22-06, # 29 Excerpt of N.T., 9-26-06)(COHN, JACOB) Modified on 7/14/2010 (lisad, ). (Entered: 07/13/2010)
360.1 P-1
360.2 P-2
360.3 P-3
360.4 P-4
360.5 P-138
360.6 AMER-30
360.7 AMER-53
360.8 AMER-60
360.9 AMER-90
360.10 AMER-178
360.11 AMER-472
360.12 AMER-478
360.13 AMER-481
360.14 AMER-615(excerpt)
360.15 AMER-615A, Part 1
360.16 AMER-615A, Part 2
360.17 AMER-642
360.18 AMER-643
360.19 AMER-670, Part 1
360.20 AMER-670, Part 2
360.21 AMER-672
360.22 AMER-674, Part 1
360.23 AMER-674, Part 2
360.24 AMER-674, Part 3
360.25 AMER-677, Part 1
360.26 AMER-677, Part 2
360.27 AMER-677, Part 3
360.28 Excerpt of N.T., 9-22-06
360.29 Excerpt of N.T., 9-26-06
3612010-07-13 ORDER THAT DEFENDANT AMERICAN INSURANCE COMPANY'S MOTION FOR LEAVE TO FILE A REPLY BRIEF IN FURTHER SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC NO 354) IS HEREBY GRANTED. THE CLERK OF COURT SHALL FILE THE REPLY BRIEF ATTACHED AS EXHIBIT A TO SAID MOTION. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 7/12/2010.7/14/2010 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 07/14/2010)
3622010-07-13 REPLY BRIEF in Support of Defendant American Insurance Company's MOTION for Partial Summary Judgment Declaring that All Asbestos Claims Against AstenJohnson Inc., Arise From a Single Occurrence. (kp, ) (Entered: 07/14/2010)
3632010-07-13 ORDER THAT PLAINTIFF ASTENJOHNSON, INC.'S MOTION FOR LEAVE TO FILE EXCESS PAGES (DOC NO 356) IS HEREBY GRANTED. ASTENJOHNSON SHALL FILE A BRIEF OF NO MORE THAN THIRTY PAGES IN SUPPORT OF ITS OPPOSITION TO THE MOTION OF SUMMARY JUDGMENT. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 7/12/2010.7/14/2010 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 07/14/2010)
3642010-07-15 MOTION for Leave to File Reply Brief in Further Support of Its Motion for Summary Judgment filed by COLUMBIA CASUALTY COMPANY.Certificate of Service.(SCHILLER, RONALD) (Entered: 07/15/2010)
3652010-07-19 ORDER THAT THE MOTION IS GRANTED. THE REPLY BREIF SHALL BE FILED ON OR BEFORE 8/1/10 ABD SHALL BE NO MORE THAN FIFTEEN (15) PAGES IN LENGTH.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 7/19/10. 7/19/10 ENTERED AND COPIES MAILED, E-MAILED.(dp, ) (Entered: 07/19/2010)
3662010-07-22 ORDER THAT DEFENDANTS SHALL FILE A PARTIAL SUMMARY JUDGMENT MOTION PURSUANT TO RULE 56 (d)(1) ON OR BEFORE JULY 28,2010. PLAINTIFF SHALL FILE A RESPONSE TO THE SUMMARY JUGMENT MOTION WITHIN FOURTEEN DAYS. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 7/21/10. 7/22/10 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 07/22/2010)
3672010-07-27 RESPONSE in Opposition re 351 Second MOTION for Summary Judgment American Ins. Cross-Motion for Summary Judgment on Grounds of Equitable Estoppel filed by ASTENJOHNSON, INC.. (Attachments: # 1 Memorandum of Law, # 2 Affidavit, # 3 Response to Statement of Undisputed Facts, # 4 Text of Proposed Order, # 5 Certificate of Service)(CONLEY, MICHAEL) (Entered: 07/27/2010)
367.1 Memorandum of Law
367.2 Affidavit
367.3 Response to Statement of Undisputed Facts
367.4 Text of Proposed Order
367.5 Certificate of Service
3682010-07-28 MOTION for Partial Summary Judgment On Fact Issues Pursuant to FRCP 56(d)(1) filed by AMERICAN INSURANCE COMPANY.Motion for Partial Summary Judgment on Facts Pursuant to FRCP 56(d)(1). (Attachments: # 1 Supplement Statement of Undisputed Material Facts in Support of the Motion for Partial Summary Judgment, # 2 Text of Proposed Order, # 3 Certificate of Service)(COHN, JACOB) (Entered: 07/28/2010)
368.1 Supplement Statement of Undisputed Material Facts in Support of the Motion for P
368.2 Text of Proposed Order
368.3 Certificate of Service
3692010-07-30 RESPONSE in Support re 351 Second MOTION for Summary Judgment filed by COLUMBIA CASUALTY COMPANY. (Attachments: # 1 Declaration, # 2 Exhibit CCC146, # 3 Exhibit CCC147, # 4 Trial Transcript Excerpts 7.12.06, # 5 Exhibit CCC148, # 6 Trial Transcript Excerpts 9.22.06)(SCHILLER, RONALD) (Entered: 07/30/2010)
369.1 Declaration
369.2 Exhibit CCC146
369.3 Exhibit CCC147
369.4 Trial Transcript Excerpts 7.12.06
369.5 Exhibit CCC148
369.6 Trial Transcript Excerpts 9.22.06
3702010-08-06 Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND: Settlement Conference held on 8/5/10. (dp, ) (Entered: 08/06/2010)
3712010-08-06 MOTION for Leave to File Motion for Summary Judgment Against Defendant Columbia Casualty Company as to Late Notice filed by ASTENJOHNSON, INC..Certificate of Service. (Attachments: # 1 Exhibit Motion for Summary Judgment Against Defendant Columbia Casualty Company as to Late Notice, # 2 Certificate of Service)(PILLSBURY, WILLIAM) (Entered: 08/06/2010)
371.1 Exhibit Motion for Summary Judgment Against Defendant Columbia Casualty Company
371.2 Certificate of Service
3722010-08-11 Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND: Settlement Conference held on 8/10/10. (dp, ) (Entered: 08/11/2010)
3732010-08-11 RESPONSE in Opposition re 368 MOTION for Partial Summary Judgment On Fact Issues Pursuant to FRCP 56(d)(1) MOTION for Partial Summary Judgment On Fact Issues Pursuant to FRCP 56(d)(1) filed by ASTENJOHNSON, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(PILLSBURY, WILLIAM) (Entered: 08/11/2010)
373.1 Exhibit A
373.2 Exhibit B
3742010-08-16 ORDER THAT AMERICAN'S CROSS MOTION FOR SUMMARY JUDGEMENT ON GROUNDS OF EQUITABLE ESTOPPEL IS HEREBY DENIED.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 8/16/10. 8/17/10 ENTERED AND COPIES MAILED AND E-MAILED.(dp, ) Modified on 8/23/2010 (dp, ). (Entered: 08/17/2010)
3752010-08-17 Minute Entry for proceedings held before HONORABLE LAWRENCE F. STENGEL: Telephone Conference held on 8/17/10 (dp, ) (Entered: 08/18/2010)
3762010-08-17 ORDER THAT COUNSEL FOR PLAINTIFF AND COUNSEL FOR DEFENDANT AMERICAN INSURANCE COMPANY ARE DIRECTED TO PARTICIPATE IN MEDIATION BEFORE THE HONORABLE PAUL S. DIAMOND. COUNSEL FOR PLAINTIFF AND COUNSEL FOR DEFENDANT AMERICAN INSURANCE COMPANY SHALL CONTACT JUDGE DIAMOND'S CHAMBERS FORTHWITH TO ARRANGE A DATE AND TIME FOR MEDIATION.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 8/17/10. 8/18/10 ENTERED AND COPIES MAILED, E-MAILED.(dp, ) (Entered: 08/18/2010)
3772010-08-18 NOTICE of Appearance by ILAN ROSENBERG on behalf of AMERICAN INSURANCE COMPANY (ROSENBERG, ILAN) (Entered: 08/18/2010)
3782010-08-18 PRETRIAL MEMORANDUM by ASTENJOHNSON, INC. Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(PILLSBURY, WILLIAM) (Entered: 08/18/2010)
378.1 Exhibit A
378.2 Exhibit B
378.3 Exhibit C
378.4 Exhibit D
378.5 Exhibit E
3792010-08-18 PRETRIAL MEMORANDUM by AMERICAN INSURANCE COMPANY Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H)(COHN, JACOB) (Entered: 08/18/2010)
379.1 Exhibit A
379.2 Exhibit B
379.3 Exhibit C
379.4 Exhibit D
379.5 Exhibit F
379.6 Exhibit G
379.7 Exhibit H
3802010-08-19 EXHIBIT E to Defendant American Insurance Company's Pre-Trial Memorandum by AMERICAN INSURANCE COMPANY.. (Attachments: # 1 Exhibit E, Part 2, # 2 Exhibit E, Part 3, # 3 Exhibit E, Part 4, # 4 Exhibit E, Part 5)(COHN, JACOB) (Entered: 08/19/2010)
380.1
380.2
380.3
380.4
3812010-08-19 ORDER THAT A SETTLEMENT CONFERENCE IN THE ABOVE-CAPTIONED MATTER IS SCHEDULED FOR 8/23/2010 09:30 AM IN COURTROOM BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/19/2010. 8/19/2010 ENTERED AND COPIES MAILED, E-MAILED.(kk, ) (Entered: 08/19/2010)
3822010-08-24 MOTION in Limine to Confine the Evidence to Those Facts Relied Upon by American Insurance Company When It Issued the Applicable Insurance Policies to AJN filed by ASTENJOHNSON, INC..Memorandum. (Attachments: # 1 Certificate of Service)(PILLSBURY, WILLIAM) (Entered: 08/24/2010)
382.1 Certificate of Service
3832010-08-24 Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND: Settlement Conference held on 8/23/10. (dp, ) (Entered: 08/24/2010)
3842010-08-25 Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND: Settlement Conference held on 8/24/10. (dp, ) (Entered: 08/25/2010)
3852010-10-21 ORDER THAT A CONFERENCE SET FOR 11/17/2010 02:30 PM BEFORE HONORABLE PAUL S. DIAMOND.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/21/10. 10/21/10 ENTERED AND COPIES MAILED, E-MAILED.(dp, ) (Entered: 10/21/2010)
3862010-12-06 ORDER THAT A CONFERENCE IN THE ABOVE CAPTIONED CASE IS SCHEDULED FOR 12/9/2010 10:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND, ETC. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/17/2010. 12/6/2010 ENTERED AND COPIES MAILED, E-MAILED AND FAXED BY CHAMBERS.(kk, ) (Entered: 12/06/2010)
3872010-12-08 STIPULATION AND ORDER THAT DEFENDANT COLUMBIA CASUALTY COMPANY IS DISMISSED WITH PREJUDICE, AND WITHOUT COSTS TO ANY PARTY. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 12/8/2010. 12/9/2010 ENTERED AND COPIES MAILED, E-MAILED.(kk, ) (Entered: 12/09/2010)
3882010-12-10 Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND: Settlement Conference held on 12/9/2010. (kk, ) (Entered: 12/10/2010)
3892011-02-10 ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 02/10/2011. 02/11/2011 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(pac,) (Entered: 02/10/2011)
3902011-02-10 ORDER THAT THE FOLLOWING MOTIONS ARE HEREBY DISMISSED AS MOOT:(DOC. NOS.337, 341, 346, 351, 364, 368, 371, 382). SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 2/10/2011. 2/10/2011 ENTERED AND COPIES E-MAILED.(kk, ) Modified on 2/14/2011 (kk, ). (Entered: 02/10/2011)