Case Details

CourtMiddle District of Pennsylvania
Docket number3:13-cv-00134
Date case filed2013-01-18
Date case closed2013-11-12
Date of latest filing
Assigned toHonorable Richard P. Conaboy
Case cause28:1332 Diversity-Insurance Contract
Nature of suit110 Insurance
Jury demandBoth
Demand
JurisdictionDiversity

Case Parties

Party: John Calandrello
Party type: Plaintiff
Attorney name: Matthew B. Weisberg
Attorney Contact:
Weisberg Law
7 South Morton Avenue
Morton, PA 19070
610-690-0801
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Graham F. Baird
Attorney Contact:
Law offices of Eric A Shore
1500 John F. Kennedy Blvd
Suite 1240
Philadelphia, PA 19102
215-627-9999 ext 216
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Theresa Calandrello
Party type: Plaintiff
Attorney name: Matthew B. Weisberg
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Graham F. Baird
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Sentinel Insurance Company Limited
Party type: Defendant
Attorney name: Matthew M. Haar
Attorney Contact:
Saul Ewing, LLP
2 North Second Street
7th Floor
Harrisburg, PA 17101
717-257-7508
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: The Hartford Company
Party type: Defendant
Attorney name: Matthew M. Haar
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-01-18 COMPLAINT against Sentinel Insurance Company Limited, The Hartford Company ( Filing fee $350, Receipt Number 0314-2676934), filed by John Calandrello, Theresa Calandrello. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Summons)(lh) (Entered: 01/18/2013)
22013-01-18 Summons Issued as to Sentinel Insurance Company Limited, The Hartford Company and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (lh) (Entered: 01/18/2013)
32013-01-25 ORDER Re: Case Assignment and Procedures this case has been assigned to me and has been placed on the January 6, 2013, Trial List. General instructions to counsel.Signed by Honorable Richard P. Conaboy on 1/25/13. (cc) (Entered: 01/25/2013)
42013-02-07 SUMMONS Returned Executed by John Calandrello, Theresa Calandrello. The Hartford Company served on 2/1/2013, answer due 2/22/2013. (Weisberg, Matthew) (Entered: 02/07/2013)
52013-02-07 SUMMONS Returned Executed by John Calandrello, Theresa Calandrello. Sentinel Insurance Company Limited served on 2/1/2013, answer due 2/22/2013. (Weisberg, Matthew) (Entered: 02/07/2013)
62013-02-15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Sentinel Insurance Company Limited, The Hartford Company. (Attachments: # 1 Proposed Order Order)(Haar, Matthew) (Entered: 02/15/2013)
72013-02-15 Corporate Disclosure Statement by Sentinel Insurance Company Limited, The Hartford Company identifying Corporate Parent Hartford Financial Services Group, Inc. for Sentinel Insurance Company Limited.. (Haar, Matthew) (Entered: 02/15/2013)
82013-03-01 BRIEF IN SUPPORT re 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Sentinel Insurance Company Limited, The Hartford Company. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Exhibit(s) Exhibit E, # 6 Exhibit(s) Exhibit F, # 7 Exhibit(s) Exhibit G, # 8 Exhibit(s) Exhibit H)(Haar, Matthew) (Entered: 03/01/2013)
92013-03-01 SCHEDULING ORDER: A Case Management Conference will be conducted by the Court on Thursday, April 11, 2013, at 10:00 a.m. via telephone conference. Counsel for the Plaintiff shall initate the conference call. The Case Management Plan shall be filed five (5) days prior to the conference. (See Order)Signed by Honorable Richard P. Conaboy on 3/1/13. (cc) (Entered: 03/01/2013)
102013-03-18 AMENDED COMPLAINT against Sentinel Insurance Company Limited, filed by John Calandrello, Theresa Calandrello. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D)(Weisberg, Matthew) (Entered: 03/18/2013)
112013-03-26 ORDER 1. Plaintiff's First Amended Civil Action Complaint (Doc.10) is considered timely filed and; 2. The 6 by Defendants' Motion to Dismiss for Failure to State a Claim is deemed Moot.Signed by Honorable Richard P. Conaboy on 3/26/13 (cc) (Entered: 03/26/2013)
122013-04-04 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Sentinel Insurance Company Limited. (Attachments: # 1 Proposed Order)(Haar, Matthew) (Entered: 04/04/2013)
132013-04-04 BRIEF IN SUPPORT re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Sentinel Insurance Company Limited. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B)(Haar, Matthew) (Entered: 04/04/2013)
142013-04-08 CASE MANAGEMENT PLAN by John Calandrello, Theresa Calandrello. (Weisberg, Matthew) (Entered: 04/08/2013)
162013-04-11 CASE MANAGEMENT ORDER:On, April 11, 2013, a Joint Case Management Conference was held in this matter at which the Court discussed with counsel the proper preparation of this case for trial.As a result of that conference, the Court has determined that the following schedule shall apply to this matter.1.All discovery will be completed on or before August 30, 2013.2.Any additional parties shall be identified on or before July 31, 2013.3.Any amendments to the pleadings shall be completed on or before July 31, 2013.4.Plaintiff's expert's report will be supplied to the Defendant on or before September 20, 2013. 5.Defendant's expert's report shall be supplied to the Plaintiff on or before September 20, 2013.6.All dispositive motions shallbe filed on or before.September 27, 2013. 7.A final pretrial conference will be held in this matter on Thursday, December 12, 2013, at 10:00 a.m. in Chambers. Pretrial memorandums, points for charge, written expert reports of expert witnesses scheduled to testify, and Special Verdict Questions, shall be filed on or before December 5, 2013. 8. Motions In Limine, if any, shall be filed on or before November 25, 2013. 9. Counsel are directed to notify the Court by letter, no later than August 30,2013,regarding the status of settlement in this case. If counsel feel settlement discussions would be useful and potentially successful, counsel are directed to include in this notification dates of availability for the Court to schedule a settlement conference. 10.This case is assigned to the January 2014,Trial List, with Jury Selection to commence on Monday, January 6, 2014, at 9:30 a.m. in Scranton, Pa. Signed by Honorable Richard P. Conaboy on 4/11/13. (cc) (Entered: 04/11/2013)
172013-04-22 RESPONSE by John Calandrello, Theresa Calandrello to 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Weisberg, Matthew) (Entered: 04/22/2013)
182013-04-22 BRIEF IN OPPOSITION re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Calandrello, Theresa Calandrello.(Weisberg, Matthew) (Entered: 04/22/2013)
192013-04-24 Letter from Matthew M. Haar requesting oral argument on motion to dismiss. (Haar, Matthew) (Entered: 04/24/2013)
202013-04-29 ORDER 1. If Defendant Sentinel Insurance Company Limited (" Defendant") wishes to request the Court to hold oral argument concerning the pending Motion to Dismiss by Defendant Sentinel Insurance Company Ltd. (Doc.12), Defendant is to do so by way of motion which is to be filed on or before May 6, 2013; 2. The motion is to be accompanied by a supporting brief which includes the reasons for the request; 3. If Plaintiffs wish to respond to the motion, they may do so within seven (7) days of service of the motion and supporting brief; 4. Defendant may file a reply bried within five (5) days of service of a responsive brief.Signed by Honorable Richard P. Conaboy on 4/29/13. (cc) (Entered: 04/29/2013)
212013-05-06 MOTION Oral Argument re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Sentinel Insurance Company Limited. (Attachments: # 1 Proposed Order Order)(Haar, Matthew) (Entered: 05/06/2013)
222013-05-06 BRIEF IN SUPPORT re 21 MOTION Oral Argument re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Sentinel Insurance Company Limited.(Haar, Matthew) (Entered: 05/06/2013)
232013-05-08 RESPONSE by John Calandrello, Theresa Calandrello to 21 MOTION Oral Argument re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Weisberg, Matthew) (Entered: 05/08/2013)
242013-06-05 ORDER The Motion for Oral Argument of Defendant Sentinel Insurance Co. (Doc.21) is Denied. Signed by Honorable Richard P. Conaboy on 6/5/13 (cc) (Entered: 06/05/2013)
252013-06-07 MEMORANDUM ConclusionFor the reasons discussed above, the Motion to Dismiss by Defendant Sentinel Insurance Company Ltd. (Doc. 12) is granted in part and denied in part. The Motion is granted insofar as Count I for Bad Faith contained in Plaintiffs First Amended Civil Action Complaint is dismissed with prejudice. The Motion is denied in that Count II goes forward as a Breach of Contract claim. An appropriate Order is filed simultaneously with this Memorandum.Signed by Honorable Richard P. Conaboy on 6/7/13. (cc) (Entered: 06/07/2013)
262013-06-07 ORDER AND NOW, THIS 7th DAY OF JUNE 2013, FOR THE REASONS SET OUT IN THE SIMULTANEOUSLY FILED MEMORANDUM, IT IS HEREBY ORDERED THAT: 1.The Motion to Dismiss by Defendant Sentinel Insurance Company Ltd. (Doc. 12) is granted in part and denied in part;2.The Motion is granted insofar as Count I for Bad Faith contained in Plaintiffs First Amended Civil Action Complaint (Doc. 10) is dismissed with prejudice;3.The Motion is denied in that Count II of Plaintiffs First Amended Civil Action Complaint (Doc. 10) goes forward as a Breach of Contract claim. Signed by Honorable Richard P. Conaboy on 6/7/13 (cc) (Entered: 06/07/2013)
272013-06-19 MOTION for Extension of Time to File Plaintiffs' Motion for Reconsideration by John Calandrello, Theresa Calandrello.(Weisberg, Matthew) (Entered: 06/19/2013)
282013-06-21 ANSWER to 10 Amended Complaint by Sentinel Insurance Company Limited.(Haar, Matthew) (Entered: 06/21/2013)
292013-06-24 ORDER granting 27 Plaintiff's Motion for Extension of Time to File a Motion for Reconsideration of the Order Granting in Part Defendant's Motion to Dismiss. Plaintiff may file their Motion for Reconsideration within 14 days of the entry of this Order. Signed by Honorable Richard P. Conaboy on 6/24/13 (cc) (Entered: 06/24/2013)
302013-07-08 First MOTION for Reconsideration re 25 Memorandum (Order to follow as separate docket entry),, 26 Order on Motion to Dismiss for Failure to State a Claim,, With Brief, Proposed Form of Order and Certificate of Service by John Calandrello, Theresa Calandrello.(Baird, Graham) (Entered: 07/08/2013)
312013-07-24 BRIEF IN OPPOSITION re 30 First MOTION for Reconsideration re 25 Memorandum (Order to follow as separate docket entry),, 26 Order on Motion to Dismiss for Failure to State a Claim,, With Brief, Proposed Form of Order and Certificate of Service filed by Sentinel Insurance Company Limited. (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Proposed Order Order)(Haar, Matthew) (Entered: 07/24/2013)
322013-08-28 ORDER 1. Plaintiff's Motion for Reconsideration (Doc. 30) is granted insofar as Plaintiff's are given leave to file an amended complaint; 2. If Plaintiff's choose to file an amended complaint, they are to do so within 14 days of the date of this Order. Signed by Honorable Richard P. Conaboy on 8/26/13 (cc) (Entered: 08/28/2013)
332013-08-29 MOTION for Extension of Time to Complete Discovery by John Calandrello, Theresa Calandrello.(Baird, Graham) (Entered: 08/29/2013)
342013-08-30 Letter from Graham F. Baird for Plaintiffs regarding settlement. (Baird, Graham) (Entered: 08/30/2013)
352013-08-30 ORDER granting 33 Motion for Extension of Time to Complete Discovery by 30 days. Discovery due by 9/30/2013.Signed by Honorable Richard P. Conaboy on 8/30/13 (cc) (Entered: 08/30/2013)
362013-09-11 AMENDED COMPLAINT Second against John Calandrello, Theresa Calandrello, filed by John Calandrello, Theresa Calandrello. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G)(Baird, Graham) (Entered: 09/11/2013)
372013-09-26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Sentinel Insurance Company Limited. (Attachments: # 1 Proposed Order Order, # 2 Exhibit(s) Exhibit A, # 3 Exhibit(s) Exhibit B, # 4 Exhibit(s) Exhibit C, # 5 Exhibit(s) Exhibit D)(Haar, Matthew) (Entered: 09/26/2013)
382013-09-26 BRIEF IN SUPPORT re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Sentinel Insurance Company Limited.(Haar, Matthew) (Entered: 09/26/2013)
392013-09-26 MOTION for Partial Summary Judgment by Sentinel Insurance Company Limited. (Attachments: # 1 Proposed Order Order, # 2 Exhibit(s) Exhibit 1, # 3 Exhibit(s) Exhibit 2, # 4 Exhibit(s) Exhibit 3, # 5 Exhibit(s) Exhibit 4, # 6 Exhibit(s) Exhibit 5, # 7 Exhibit(s) Exhibit 6, # 8 Exhibit(s) Exhibit 7, # 9 Exhibit(s) Exhibit 8, # 10 Exhibit(s) Exhibit 9, # 11 Exhibit(s) Exhibit 10, # 12 Exhibit(s) Exhibit 11, # 13 Exhibit(s) Exhibit 12, # 14 Exhibit(s) Exhibit 13, # 15 Exhibit(s) Exhibit 14, # 16 Exhibit(s) Exhibit 15, # 17 Exhibit(s) Exhibit 16, # 18 Exhibit(s) Exhibit 17, # 19 Exhibit(s) Exhibit 18, # 20 Exhibit(s) Exhibit 19, # 21 Exhibit(s) Exhibit 20)(Haar, Matthew) (Entered: 09/26/2013)
402013-09-26 STATEMENT OF FACTS re 39 MOTION for Partial Summary Judgment filed by Sentinel Insurance Company Limited.(Haar, Matthew) (Entered: 09/26/2013)
412013-09-26 BRIEF IN SUPPORT re 39 MOTION for Partial Summary Judgment filed by Sentinel Insurance Company Limited.(Haar, Matthew) (Entered: 09/26/2013)
422013-10-14 MOTION for Extension of Time to File Response to Defendant's Motion to Dismiss and Motion for Summary Judgment by John Calandrello, Theresa Calandrello.(Weisberg, Matthew) (Entered: 10/14/2013)
432013-10-15 BRIEF IN OPPOSITION re 42 MOTION for Extension of Time to File Response to Defendant's Motion to Dismiss and Motion for Summary Judgment filed by Sentinel Insurance Company Limited. (Attachments: # 1 Proposed Order Order)(Haar, Matthew) (Entered: 10/15/2013)
442013-10-31 RESPONSE by John Calandrello, Theresa Calandrello to 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 39 MOTION for Partial Summary Judgment . (Baird, Graham) (Entered: 10/31/2013)
452013-10-31 BRIEF IN OPPOSITION re 39 MOTION for Partial Summary Judgment , 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Calandrello, Theresa Calandrello. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E Part 1, # 6 Exhibit(s) E Part 2, # 7 Exhibit(s) E Part 3, # 8 Exhibit(s) F, # 9 Exhibit(s) G, # 10 Exhibit(s) H, # 11 Exhibit(s) I Part 1, # 12 Exhibit(s) I Part 2, # 13 Exhibit(s) J, # 14 Exhibit(s) K, # 15 Exhibit(s) L)(Baird, Graham) (Entered: 10/31/2013)
462013-10-31 ANSWER TO STATEMENT OF FACTS re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 39 MOTION for Partial Summary Judgment filed by John Calandrello, Theresa Calandrello.(Baird, Graham) (Entered: 10/31/2013)
472013-11-04 Letter from Matthew B. Weisberg, Esq. . (Weisberg, Matthew) (Entered: 11/04/2013)
482013-11-05 ORDER finding as moot 42 Plaintiff's Motion for Extension of Time to File Responses to Defendant's Motion s. Signed by Honorable Richard P. Conaboy on 11/5/13 (cc) (Entered: 11/05/2013)
492013-11-06 Letter from Matthew M. Haar Regarding Agreement to Settle. (Haar, Matthew) (Entered: 11/06/2013)
502013-11-12 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated.Signed by Honorable Richard P. Conaboy on 11/12/13. (cc) (Entered: 11/12/2013)