Case Details

CourtEastern District of Virginia
Docket number1:13-cv-00917
Date case filed2013-07-30
Date case closed2014-09-09
Date of latest filing
Assigned toDistrict Judge Gerald Bruce Lee
Case cause28:1332 Diversity-Insurance Contract
Nature of suit110 Insurance
Jury demandNone
Demand
JurisdictionDiversity

Case Parties

Party: The Travelers Indemnity Company of America
Party type: Plaintiff
Attorney name: John Becker Mumford , Jr.
Attorney Contact:
Hancock Daniel Johnson & Nagle PC
4701 Cox Rd Suite 400
Suite 400
Glen Allen, VA 23060
804-967-9604
Fax: 804-967-2411
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kathryn Elizabeth Kasper
Attorney Contact:
Hancock Daniel Johnson & Nagle PC
4701 Cox Rd Suite 400
PO Box 72050
Glen Allen, VA 23060
804-967-9604
Fax: 804-967-2411
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Portal Healthcare Solutions, LLC
Party type: Defendant
Attorney name: John Janney Rasmussen
Attorney Contact:
Insurance Recovery Law Group PLC
3015 E Broad St
PO Box 8049
Richmond, VA 23223
804-308-1359
Fax: 804-308-1349
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-07-30 COMPLAINT against Portal Healthcare Solutions, LLC filed by The Travelers Indemnity Company of America (Filing fee $ 400.00, receipt number 14683037816). (Attachments: # 1 Cover Letter, # 2 Civil Cover Sheet, # 3 Receipt, # 4 Exhibit A)(pmil) (Entered: 07/31/2013)
1.1 Cover Letter
1.2 Civil Cover Sheet
1.3 Receipt
1.4 Exhibit A
22013-07-30 Financial Interest Disclosure Statement (Local Rule 7.1) by The Travelers Indemnity Company of America. (pmil) (Entered: 07/31/2013)
32013-07-30 Summons Issued and mailed to counsel for service by SPS as to Portal Healthcare Solutions, LLC. (pmil) (Entered: 07/31/2013)
42013-08-26 Certificate of Compliance as to Portal Healthcare Solutions, LLC; served on 8/26/2013, answer due 9/16/2013. (pmil) (Entered: 08/26/2013)
52013-09-16 Consent MOTION for Extension of Time to File Answer re 1 Complaint, by Portal Healthcare Solutions, LLC, The Travelers Indemnity Company of America. (Rasmussen, John) (Entered: 09/16/2013)
62013-09-17 ORDER granting 5 Motion for Extension of Time to Answer Portal Healthcare Solutions, LLC answer due 9/23/2013.. Signed by Magistrate Judge Ivan D. Davis on 9/17/2013. (Davis, Ivan) (Entered: 09/17/2013)
72013-09-17 NOTICE of Appearance by John Becker Mumford, Jr on behalf of The Travelers Indemnity Company of America (Mumford, John) (Entered: 09/17/2013)
82013-09-20 MOTION for Extension of Time to File Answer re 1 Complaint, by Portal Healthcare Solutions, LLC, The Travelers Indemnity Company of America. (Rasmussen, John) (Entered: 09/20/2013)
92013-09-20 ORDER granting 8 Motion for Extension of Time to Answer Portal Healthcare Solutions, LLC answer due 10/7/2013.. Signed by Magistrate Judge Ivan D. Davis on 9/20/13. (gwalk, ) (Entered: 09/23/2013)
102013-10-07 Joint MOTION for Extension of Time to File Answer re 1 Complaint, by Portal Healthcare Solutions, LLC, The Travelers Indemnity Company of America. (Rasmussen, John) (Entered: 10/07/2013)
112013-10-08 AGREED ORDER that Portal's time to respond to Travelers' complaint in this action is extended to 10/21/13 (see Order for details). Signed by Magistrate Judge Ivan D. Davis on 10/08/13. (pmil) (Entered: 10/08/2013)
122013-10-21 ANSWER to 1 Complaint, by Portal Healthcare Solutions, LLC.(Rasmussen, John) (Entered: 10/21/2013)
132013-10-24 SCHEDULING ORDER: Initial Pretrial Conference set for 11/13/2013 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 3/20/2014 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. Discovery due by 3/14/2013. Signed by District Judge Gerald Bruce Lee on 10/24/13. (Attachments: # 1 Pretrial Notice, # 2 Magistrate Judge Consent Form)(pmil, ) (Entered: 10/24/2013)
142013-11-05 Discovery Plan by Portal Healthcare Solutions, LLC, The Travelers Indemnity Company of America.(Kasper, Kathryn) (Entered: 11/05/2013)
152013-11-13 Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that all Discovery shall be concluded by 3/14/2014; Disclosures under FRCP 26(a)(1) and (2), notices of depositions, interrogatories, requests for documents and admissions, and answers thereto shall not be filed except on order of the Court, or for use in a motion or at trial ; the Proposed Joint Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the Court(see Order for details). Signed by Magistrate Judge Ivan D. Davis on 11/13/13. (pmil, ) (Entered: 11/14/2013)
162014-03-19 Joint Rule 26(A)(3) Disclosures, Exhibit and Witness List by The Travelers Indemnity Company of America. (Kasper, Kathryn) Modified on 3/20/2014 to add text (pmil, ). (Entered: 03/19/2014)
172014-03-19 Statement of Undisputed Facts by The Travelers Indemnity Company of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kasper, Kathryn) (Entered: 03/19/2014)
182014-03-20 Minute Entry for proceedings held before District Judge Gerald Bruce Lee:Final Pretrial Conference held on 3/20/2014. Appearances: Kathryn Kasper for Pltff; John Rasmussen for Deft. Deft requested add'l. time due to pending NY case - heard and denied. No trial date set - parties to file cross-motions. Alexandria Set Hearings: Cross-Motions for Summary Judgment Hearing set for 5/2/2014 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. Opening briefs are due 4/3/14, w/ responses due 4/17/14, and reply due 4/23/14. Parties to deliver 2 courtesy hard copies of briefs and exh. to chambers. (Court Reporter None.)(tbul, ) (Entered: 03/20/2014)
192014-03-21 ORDER following a final pretrial conference, scheduling a hearing on the parties' cross-motions for summary judgment for 10:00 a.m. Friday, May 2, 2014; setting a due date of April 3, 2014 at 5:00 p.m. for filing of motions for summary judgment; setting April 17, 2014 as the due date for filing of oppositions; and setting April 23, 2014 as the due date for filing of replies to oppositions. /s/ by District Judge Gerald Bruce Lee on 3/20/14. (tbul, ) (Entered: 03/21/2014)
202014-04-03 MOTION for Summary Judgment by The Travelers Indemnity Company of America. (Kasper, Kathryn) (Entered: 04/03/2014)
212014-04-03 Memorandum in Support re 20 MOTION for Summary Judgment filed by The Travelers Indemnity Company of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kasper, Kathryn) (Entered: 04/03/2014)
222014-04-03 MOTION for Summary Judgment by Portal Healthcare Solutions, LLC. (Rasmussen, John) (Entered: 04/03/2014)
232014-04-03 Brief in Support to 22 MOTION for Summary Judgment filed by Portal Healthcare Solutions, LLC. (Rasmussen, John) (Entered: 04/03/2014)
242014-04-14 Joint MOTION to Amend/Correct Briefing Schedule and Hearing Date by The Travelers Indemnity Company of America. (Attachments: # 1 Proposed Order Agreed Order)(Kasper, Kathryn) (Entered: 04/14/2014)
252014-04-14 AGREED ORDER-ORDERED that the March 20, 2014 Order entered by this Court is amended to reflect that oppositions to motions for summary judgment shall be filed no later than April 24, 2014; and replies to oppositions shall be filed no later than May 8, 2014. It is further ordered that a hearing on the parties cross-motions for summary judgment shall be held to Friday, June 6, 2014, at 10 A.M. Signed by District Judge Gerald Bruce Lee on 4/14/14. (gwalk, ) (Entered: 04/14/2014)
262014-04-24 RESPONSE in Opposition re 22 MOTION for Summary Judgment filed by The Travelers Indemnity Company of America. (Kasper, Kathryn) (Entered: 04/24/2014)
272014-04-24 Memorandum in Opposition re 20 MOTION for Summary Judgment filed by Portal Healthcare Solutions, LLC. (Rasmussen, John) (Entered: 04/24/2014)
282014-05-08 REPLY to Response to Motion re 20 MOTION for Summary Judgment filed by The Travelers Indemnity Company of America. (Kasper, Kathryn) (Entered: 05/08/2014)
292014-05-08 REPLY to Response to Motion re 22 MOTION for Summary Judgment filed by Portal Healthcare Solutions, LLC. (Attachments: # 1 Exhibit A)(Rasmussen, John) (Entered: 05/08/2014)
302014-07-17 Minute Entry for proceedings held before District Judge Gerald Bruce Lee:Motion Hearing held on 7/17/2014 re: cross-motions 22 MOTION for Summary Judgment filed by Portal Healthcare Solutions, LLC, 20 MOTION for Summary Judgment filed by The Travelers Indemnity Company of America. Appearances: John Mumford for Pltff; John Rasmussen for Deft. Heard. Findings stated, and Pltff's motion denied; Deft's motion granted. Order to follow. (Court Reporter R. Wilson.)(tbul, ) (Entered: 07/17/2014)
312014-07-17 ORDER, for reasons stated in open court on Thursday, 7/17/14, DENYING Pltff The Travelers Indemnity Company of America's 20 Motion for Summary Judgment, and GRANTING Deft Portal Healthcare Solutions, LLC's 22 Motion for Summary Judgment. FURTHER ORDERED: Count I of Travelers' Complaint is DENIED with respect to Travelers' request for declaratory judgment that it has no duty to defend Portal. The only Count remaining in this case is Count I of Travelers' complaint. /s/ by District Judge Gerald Bruce Lee on 7/17/14. (tbul, ) (Entered: 07/17/2014)
322014-08-06 TRANSCRIPT of proceedings held on July 17, 2014, before Judge Gerald Bruce Lee, Court Reporter/Transcriber Renecia Wilson, Telephone number,703-501-1580. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/5/2014. Redacted Transcript Deadline set for 10/6/2014. Release of Transcript Restriction set for 11/4/2014.(wilson, renecia) (Entered: 08/06/2014)
332014-08-07 MEMORANDUM OPINION and ORDER. Traveler's Motion for Summary Judgment is DENIED as to Traveler's duty to defend Portal in the underlying class action, Portal's Motion for Summary Judgment is GRANTED as to the duty to defend, and the Court DIRECTS Traverlers to provide a defense for Portal against the underlying class action. Signed by District Judge Gerald Bruce Lee on 8/7/2014. (rban, ) (Entered: 08/07/2014)
342014-08-22 MOTION to Voluntarily Dismiss or For Entry of Final Judgment by The Travelers Indemnity Company of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kasper, Kathryn) (Entered: 08/22/2014)
352014-08-22 Memorandum in Support re 34 MOTION to Voluntarily Dismiss or For Entry of Final Judgment filed by The Travelers Indemnity Company of America. (Kasper, Kathryn) (Entered: 08/22/2014)
362014-08-22 Notice of Hearing Date re 34 MOTION to Voluntarily Dismiss or For Entry of Final Judgment (Kasper, Kathryn) (Entered: 08/22/2014)
372014-09-03 Opposition to 35 Memorandum in Support, 34 MOTION to Voluntarily Dismiss or For Entry of Final Judgment filed by Portal Healthcare Solutions, LLC. (Attachments: # 1 Exhibit A)(Rasmussen, John) (Entered: 09/03/2014)
382014-09-04 REPLY to Response to Motion re 34 MOTION to Voluntarily Dismiss or For Entry of Final Judgment filed by The Travelers Indemnity Company of America. (Attachments: # 1 Exhibit B)(Kasper, Kathryn) (Entered: 09/04/2014)
392014-09-08 NOTICE OF APPEAL by The Travelers Indemnity Company of America. Filing fee $ 505, receipt number 0422-4105140. (Kasper, Kathryn) (Entered: 09/08/2014)
402014-09-09 ORDER that Pltf's 34 Motion for Voluntary Dismissal or, in the Alternative, Entry of Final Judgment is GRANTED in part, DEFERRED in part, and DENIED in part; the parties are DIRECTED to file a pleading advising the Court once the underlying lawsuit has been resolved by way of judgment or settlement, at which time there will be further proceedings or the matter will be dismissed as moot (see Order for details). Signed by District Judge Gerald Bruce Lee on 09/09/14. (pmil, ) (Entered: 09/09/2014)
412014-09-09 Transmission of Notice of Appeal to US Court of Appeals re: 39 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (pmil, ) (Entered: 09/09/2014)
422014-09-11 USCA Case Number 14-1944 4th Circuit, Case Manager M. Radday for 39 Notice of Appeal filed by The Travelers Indemnity Company of America. (rban, ) (Entered: 09/11/2014)
432015-08-07 Joint MOTION to Vacate 31 Order on Motion for Summary Judgment,,,,, 33 Memorandum Opinion, 30 Motion Hearing,, by The Travelers Indemnity Company of America. (Kasper, Kathryn) (Entered: 08/07/2015)
442015-08-07 Memorandum in Support re 43 Joint MOTION to Vacate 31 Order on Motion for Summary Judgment,,,,, 33 Memorandum Opinion, 30 Motion Hearing,, filed by The Travelers Indemnity Company of America. (Kasper, Kathryn) (Entered: 08/07/2015)
452015-08-07 NOTICE by The Travelers Indemnity Company of America re 44 Memorandum in Support Exhibit A (Kasper, Kathryn) (Entered: 08/07/2015)
462015-08-11 Waiver of re 43 Joint MOTION to Vacate 31 Order on Motion for Summary Judgment,,,,, 33 Memorandum Opinion, 30 Motion Hearing,, Waiver Of Oral Argument by The Travelers Indemnity Company of America (Kasper, Kathryn) (Entered: 08/11/2015)
472015-08-11 NOTICE by The Travelers Indemnity Company of America re 43 Joint MOTION to Vacate 31 Order on Motion for Summary Judgment,,,,, 33 Memorandum Opinion, 30 Motion Hearing,, Proposed Order (Kasper, Kathryn) (Entered: 08/11/2015)
482015-08-12 NOTICE by The Travelers Indemnity Company of America re 47 NOTICE re Corrected Proposed Order (Kasper, Kathryn) (Entered: 08/12/2015)
492015-08-19 ORDER denying 43 Motion to Vacate. Signed by District Judge Gerald Bruce Lee on 8/19/2015. (rban, ) (Entered: 08/19/2015)
502016-04-11 Unpublished Opinion of USCA re 39 Notice of Appeal- RECORD SUPPLEMENTED AND JUDGMENT AFFIRMED. (dest, ) (Entered: 04/11/2016)
512016-04-11 USCA JUDGMENT as to 39 Notice of Appeal filed by The Travelers Indemnity Company of America (dest, ) (Entered: 04/11/2016)