ASTENJOHNSON, INC. v. ALLSTATE INSURANCE COMPANY et al Docket

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United States District Court Eastern District of Pennsylvania

https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?386357353474...

SEALDC, CLOSED, STANDARD

United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:03-cv-01555-LDD
ASTENJOHNSON,INC. v. ALLSTATE INSURANCE COMPANY et al Assigned to: HONORABLE LEGROME D. DAVIS Cause: 28:1332 Diversity-Insurance Contract Plaintiff ASTENJOHNSON,INC. represented by JOHN N. ELLISON REED SMITH LLP 2500 ONE LIBERTY PL 1650 MARKET ST PHILA, PA 19103-7301 215-241-1210 Fax: 215-851-1420 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED MICHAEL CONLEY OFFIT KURMAN THREE PARKWAY STE 1300 1601 CHERRY ST PHILA, PA 19102 267-338-1317 Fax: 267-338-1335 Email: mconley@offitkurman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant ALLSTATE INSURANCE COMPANY represented by ERIC J. KONECKE CUYLER BURK LLP PARSIPPANY CORPORATE CENTER FOUR CENTURY DRIVE PARSIPPANY, NJ 07054-4663 Date Filed: 03/13/2003 Date Terminated: 06/15/2004 Jury Demand: Both Nature of Suit: 110 Insurance Jurisdiction: Diversity

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United States District Court Eastern District of Pennsylvania

https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?386357353474...

973-734-3284 LEAD ATTORNEY ATTORNEY TO BE NOTICED JO ANN BURK CUYLER, BURK , LLP PARSIPPANY CORP CENTER FOUR CENTURY DRIVE PARSIPPANY, NJ 07054-4663 973-734-3221 LEAD ATTORNEY ATTORNEY TO BE NOTICED MICHAEL J. JONES CUYLER & BURK PC FOUR CENTURY DRIVE PARSIPPANY, NJ 07054-4663 973-734-3200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant AMERICAN INSURANCE COMPANY represented by PAUL A. PETERS KAUFMAN & LOGAN 100 SPEAR STREET 12TH FLOOR SAN FRANCISCO, CA 94105 415-247-8300 Fax: 415-247-8310 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED SUSAN SIMPSON BROWN KOCH & CORBOY 101 GREENWOOD AVE. SUITE 460 JENKINTOWN PLAZA JENKINTOWN, PA 19046 215-881-2280 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

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United States District Court Eastern District of Pennsylvania

https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?386357353474...

Defendant CENTURY INDEMNITY COMPANY (AS SUCCESSOR TO CCI INSURANCE COMPANY, AS SUCCESSOR TO INSURANCE COMPANY OF NORTH AMERICA) represented by BRIAN G. FOX SIEGAL & NAPIERKOWSKI & PARK 533 FELLOWSHIP ROAD SUITE 120 MT. LAUREL, NJ 08054 856-380-8900 Fax: 856-380-8901 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED CLIFTON S. ELGARTEN CROWELL & MORING LLP 1001 PENNSYLVANIA AVENUE, N.W. WASHINGTON, DC 20004-2593 202-624-2500 LEAD ATTORNEY ATTORNEY TO BE NOTICED DAVID L. HAGA CROWELL & MORING LLP 1001 PENNSYLVANIA AVENUE N.W. WASHINGTON, DC 20004-2595 202-624-2500 LEAD ATTORNEY ATTORNEY TO BE NOTICED PAUL W. KALISH CROWELL & MORING LLP 1101 PENNSYLVANIA AVENUE NORTH WEST WASHINGTON, DC 20004-2595 202-624-2500 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant CCI INSURANCE COMPANY (AS SUCCESSOR TO INSURANCE COMPANY OF NORTH AMERICA)

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United States District Court Eastern District of Pennsylvania

https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?386357353474...

Defendant INSURANCE COMPANY OF NORTH AMERICA

Date Filed 03/13/2003

#

Docket Text

1 COMPLAINT against ALLSTATE INSURANCE COMPANY, AMERICAN INSURANCE COMPANY, CCI INSURANCE COMPANY, CENTURY INDEMNITY COMPANY, INSURANCE COMPANY OF NORTH AMERICA ( Filing fee $ 150 receipt number 884322.), filed by ASTENJOHNSON,INC..(cw, ) (Entered: 03/14/2003) Summons Issued as to ALLSTATE INSURANCE COMPANY, AMERICAN INSURANCE COMPANY, CCI INSURANCE COMPANY, CENTURY INDEMNITY COMPANY, INSURANCE COMPANY OF NORTH AMERICA.Four Forwarded To: Counsel on 03/14/03 (cw, ) (Entered: 03/14/2003) DEMAND for Trial by Jury by ASTENJOHNSON,INC.. (cw, ) (Entered: 03/14/2003) 2 STIPULATION AND ORDER THAT THE TIME WHICH DEFT CENTURY INDEMNITY COMPANY SHALL HAVE TO ANSWER, MOVE OR OTHERWISE PLEAD TO THE COMPLAINT IS EXTENDED 30 DAYS TO & INCLUDING 6/15/03. SIGNED BY JUDGE LEGROME D. DAVIS ON 5/17/03. 5/21/03 ENTERED AND COPIES MAILED: COPIES FAXED BY CHAMBERS ON 5/20/03.(kw, ) (Entered: 05/21/2003) Letter to Attorney Paul W. Kalish, Esq. re: L.R. 83.5 and 83.5.2. (kw, ) (Entered: 05/21/2003) 3 ANSWER and Defenses of DEFT CENTURY INDEMNITY COMPANY, successor in interest to DEFT CCI INSURANCE COMPANY, successor in interest to DEFT INSURANCE COMPANY OF NORTH AMERICA, Certificate of Service.(kw, ) Additional attachment(s) added on 8/20/2003 (mc, ). (Entered: 06/17/2003) 4 ANSWER to Complaint with Affirmative Defenses by DEFT AMERICAN INSURANCE COMPANY; Jury demand, Certificate of Service.(kw, ) (Entered: 06/17/2003) 5 NOTICE of Hearing:PRETRIAL CONFERENCE SET FOR 8/14/2003 03:00 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE LEGROME D. DAVIS. (imi) (Entered: 07/22/2003) 6 Disclosure Statement by CENTURY INDEMNITY COMPANY, successor in interest to DEFT CCI INSURANCE CO., successor in interest to DEFT INS.

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CO. OF NORTH AMERICA, Certificate of Service.(kw, ) Additional attachment(s) added on 8/20/2003 (mc, ). (Entered: 07/24/2003) 08/04/2003 7 STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFT, ALLSTATE INSURANCE CO., SHALL HAVE TO ANSWER THE COMPLAINT IN THE ABOVE CAPTIONED MATTER IS EXTENDED TO & INCLUDING 7/31/03, ETC. SIGNED BY JUDGE LEGROME D. DAVIS ON 8/3/03. 8/3/04 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 08/04/2003) 8 ANSWER to Complaint, separate defenses and jury demand by DEFT ALLSTATE INSURANCE COMPANY.(kw, ) (Entered: 08/05/2003) Issue Joined (kw, ) (Entered: 08/05/2003) 9 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) 10 MOTION TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) FOR PAUL W. KALSIH, ESQ. filed by CENTURY INDEMNITY COMPANY.CERTIFICATE OF SERVICE (RECEIPT #896374(ss, ) (Entered: 08/12/2003) 11 MOTION TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) FOR DAVID L. HAGA, ESQ. filed by CENTURY INDEMNITY COMPANY.CERTIFICATE OF SERVICE (RECEIPT # 896375)(ss, ) (Entered: 08/12/2003) 12 MOTION TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) FOR CLIFTON S. ELGARTEN, ESQ. filed by CENTURY INDEMNITY COMPANY.CERTIFICATE OF SERVICE (RECEIPT #896377)(ss, ) (Entered: 08/12/2003) 13 MOTION BY DEFT AMERICAN INSURANCE COMPANY FOR PRO HAC VICE ADMISSION OF PAUL PETERS, CERTIFICATE OF SERVICE.(kw, ) (Entered: 08/13/2003) 14 ORDER THAT APPLICATION OF PAUL W. KALISH, ESQ., TO APPEAR AS COUNSEL FOR DEFT CENTURY INDEMNITY CO. IS GRANTED. SIGNED BY JUDGE LEGROME D. DAVIS ON 8/12/03.8/14/03 ENTERED AND COPIES MAILED AND FAXED. (kw, ) (Entered: 08/14/2003) 15 ORDER THAT APPLICATION OF CLIFTON S. ELGARTEN, ESQ., TO APPEAR AS COUNSEL FOR DEFT CENTURY INDEMNITY CO. IS GRANTED. SIGNED BY JUDGE LEGROME D. DAVIS ON 8/12/03.8/14/03 ENTERED AND COPIES MAILED AND FAXED. (kw, ) (Entered: 08/14/2003)

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16 ORDER THAT APPLICATION OF DAVID L. HAGA, ESQ., TO APPEAR AS COUNSEL FOR DEFT CENTURY INDEMNITY CO. IS GRANTED. SIGNED BY JUDGE LEGROME D. DAVIS ON 8/13/03.8/14/03 ENTERED AND COPIES MAILED AND FAXED. (kw, ) (Entered: 08/14/2003) 17 ORDER THAT THE MOTION OF DEFENDANT, AMERICAN INSURANCE COMPANY, FOR THE PRO HAC VICE ADMISSION OF PAUL PETER IS HEREBY GRANTED. SIGNED BY JUDGE LEGROME D. DAVIS ON 8/13/03.8/15/03 ENTERED AND COPIES MAILED AND FAXED. (cdd, ) (Entered: 08/15/2003) 18 ORDER THAT THE CLERK SHALL REFER THIS MATTER TO THE HONORABLE DIANE M. WELSH, U.S. MAGISTRATE JUDGE, FOR A SETTLEMENT CONFERENCE. THE DATE AND TIME FOR THE SETTLEMENT CONFERENCE SHALL BE SET BY JUDGEL WELSH. ( SIGNED BY JUDGE LEGROME D. DAVIS ON 8/18/03. ) 8/18/03 ENTERED AND COPIES MAILED AND FAXED.(gn, ) (Entered: 08/18/2003) 19 MOTION BY PLFF ASTENJOHNSON,INC. FOR PARTIAL SUMMARY JUDGMENT TO ENFORCE DEFT ALLSTATE INSURANCE CO.'S OBLIGATION TO PAY DEFENSE EXPENSES, MEMORANDUM, AFFIDAVIT, CERTIFICATE OF SERVICE.(kw, ) (Entered: 10/16/2003) 20 STIPULATION AND JOINT CASE MANAGEMENT ORDER THAT FACT DISCOVERY IS TO BE COMPLETED BY 4/14/2004. DISPOSITIVE MOTIONS DUE BY 7/26/2004. TRIAL DATE SET FOR 8/23/2004, ETC. SIGNED BY JUDGE LEGROME D. DAVIS ON 10/13/03. 10/16/03 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 10/16/2003) 21 STIPULATION AND CONFIDENTIALITY ORDER WITH COURT APPROVAL. SIGNED BY JUDGE LEGROME D. DAVIS ON 10/13/03. 10/16/03 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 10/16/2003) 22 MOTION BY DEFT ALLSTATE INSURANCE COMPANY FOR ADMISSION OF JO ANN BURK, ESQ. TO APPEAR PRO HAC VICE, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE.(kw, ) (Entered: 10/30/2003) 23 MOTION BY DEFT ALLSTATE INSURANCE COMPANY FOR ADMISSION OF ERIC J. KONECKE, ESQ. TO APPEAR PRO HAC VICE, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE.(kw, ) (Entered: 10/30/2003) 24 ORDER THAT APPLICATION OF ERIC J. KONECKE, ESQ. TO APPEAR AS COUNSEL FOR DEFT ALLSTATE INS. CO. & TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY

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JUDGE LEGROME D. DAVIS ON 11/3/03.11/4/03 ENTERED AND COPIES MAILED AND FAXED. (kw, ) (Entered: 11/04/2003) 11/03/2003 25 ORDER THAT APPLICATION OF JO ANN BURK, ESQ. TO APPEAR AS COUNSEL FOR DEFT ALLSTATE INS. CO. & TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY JUDGE LEGROME D. DAVIS ON 11/3/03.11/4/03 ENTERED AND COPIES MAILED AND FAXED. (kw, ) (Entered: 11/04/2003) 26 DEFENDANT'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT FILED BY ALLSTATE INSURANCE COMPANY,MEMORANDUM, STATEMENT, AFFIDAVIT, CERTIFICATE OF SERVICE.(ar, ) (Entered: 11/06/2003) 27 STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFENDANT ALLSTATE INSURANCE COMPANY SHALL HAVE TO SERVE AND FILE ITS OPPOSITION TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT TO ENFORCE DEFENDANT ALLSTATE INSURANCE COMPANY'S OBLIGATION TO PAY DEFENSE EXPENSES IS EXTENDED TO AND INCLUDING 11/6/2003. SIGNED BY JUDGE LEGROME D. DAVIS ON 11/7/2003. 11/10/2003 ENTERED AND COPIES MAILED AND FAXED.(mbh, ) (Entered: 11/10/2003) 28 ORDER THAT NO LATER THAN 1/23/04, PARTIES SHALL ADVISE THE COURT IN WRITING OF THE STATUS OF THE ONGOING SETTLEMENT DISCUSSIONS.SIGNED BY JUDGE LEGROME D. DAVIS ON 1/8/04. 1/9/04 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 01/09/2004) 29 Letter from Judge Legrome D. Davis, to Paul A. Peters,Esq., dated 1/29/04, re: Parties shall advise the Court of the status of ongoing settlement discussions no later than 3/1/04. (kw, ) (Entered: 02/02/2004) 30 ORDER THAT MOTION OF DEFT, COLUMBIA CASUALTY CO., FOR ADMISSION PRO HAC VICE OF JAY I. MORSTEIN, ESQ. IS GRANTED & THAT MR. MORSTEIN MAY PARTICIPATE IN ALL PRETRIAL, TRIAL & POST-TRIAL PROCEEDINGS IN CONNECTION WITH THIS ACTION. SIGNED BY JUDGE LEGROME D. DAVIS ON 2/17/04. 2/19/04 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 02/19/2004) 31 ORDER THAT NO LATER THAN 3/29/04, PARTIES SHALL ADVISE THE COURT IN WRITING OF THE STATUS OF THE ONGOING SETTLEMENT DISCUSSIONS. SIGNED BY JUDGE LEGROME D. DAVIS ON 3/3/04. 3/4/04 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 03/04/2004) 32 REVISED CASE MANAGEMENT ORDER THAT FACT DISCOVERY SHALL BE COMPLETED BY 7/16/04. EXPERT DISCOVERY SHALL BE

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COMPLETED BY 10/15/2004. DISPOSITIVE MOTIONS DUE BY 10/29/2004. SIGNED BY JUDGE LEGROME D. DAVIS ON 3/10/04. 3/12/04 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 03/12/2004) 04/05/2004 33 ORDER THAT NO LATER THAN 4/23/04, PARTIES SHALL ADVISE THE COURT IN WRITING OF THE STATUS OF THE ONGOING SETTLEMENT DISCUSSIONS. SIGNED BY JUDGE LEGROME D. DAVIS ON 4/5/04. 4/5/04 ENTERED AND COPIES MAILED AND FAXED.(kw, ) (Entered: 04/05/2004) 34 ORDER THAT THE MATTER BETWEEN THE PARTIES HAVING BEEN SETTLED, PLAINTIFF'S REQUEST TO VOLUNTARILY WITHDRAW THIS ACTION WITHOUT PREJUDICE IS GRANTED. IT IS FURTHER ORDERED THAT THE MOTION FOR PARTIAL SUMMARY JUDGMENT FILED BY PLAINTIFF AND THE MOTION FOR PARTIAL SUMMARY JUDGMENT FILED BY DEFENDANT ARE DENIED AS MOOT. THE CLERK OF COURT SHALL STATISTICALLY CLOSE THIS MATTER . SIGNED BY JUDGE LEGROME D. DAVIS ON 6/14/04.6/15/04 ENTERED AND COPIES MAILED AND FAXED. (mar, ) (Entered: 06/15/2004)

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