CAND-ECF
https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?109546523412...
ADRMOP, CLOSED, E-Filing
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:05-cv-00984-SI
Calpine v. Ace American Insurance Company AssignedCorporation to: Hon. Susan Illston Cause: 28:1332 Diversity-Insurance Contract
Date Filed: 03/08/2005 Date Terminated: 11/13/2007 Jury Demand: Plaintiff Nature of Suit: 110 Insurance Jurisdiction: Diversity
Plaintiff Calpine Corporation a California Corporation
represented by Martin Lesley Seeger , IV Babin & Seeger, LLP 3550 Round Barn Boulevard Suite 201 Santa Rosa, CA 95403 707-526-7370 Fax: 707-526-0307 Email:
[email protected] [email protected] LEAD ATTOR ATTORNEY NEY ATTORNEY ATT ORNEY TO TO BE NOTICED NOTICED
V. Defendant Ace American Insurance Company
represented by Thomas Holden Morison Holden Derewetzky & Prough, LLP 1550 ThirdParkside Floor Drive Walnut Creek, CA 94596 925-937-9990 Fax: 925-937-3272 Email:
[email protected] [email protected] LEAD ATTOR ATTORNEY NEY ATTORNEY ATT ORNEY TO TO BE NOTICED NOTICED Brian Edward Sims
Morison Ansa Holden Assuncao & Prough, LLP 1550 Parkside Drive
1 of 10
12/9/10 12:35 PM
CAND-ECF
https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?109546523412...
Third Floor Walnut Creek, CA 94596 925-937-9990 Fax: 925-937-3272 Email:
[email protected] ATTORNEY ATT ORNEY TO TO BE NOTICED NOTICED
2 of 10
Date Filed
#
Docket Text
03/08/2005
1 COMPLAINT (Summons issued); against Ace American American Insurance Company ( Filing fee $ 250, receipt number 3370090.). Filed byCalpine Corporation. (ys, COURT COUR T STAFF) (Filed on 3/8/2005) Additional attachment(s) added on 3/25/2005 (ys, COURT COURT STAFF). STAFF). (Entered: 03/09/2005) 03/09/200 5)
03/08/2005
2 ADR SCHEDULING ORDER: Case Management Statement Statement due by 7/1/2005. Case Management Conference set for 7/8/2005 02:00 PM. (ys, COURT STAFF) STAFF) (Filed on 3/8/2005) Additional attachment(s) added on 3/9/2005 (ys, COURT STAFF). ST AFF). (Entered: 03/09/2005)
03/08/ 03/ 08/200 2005 5
Su Summ mmon onss Is Issu sued ed as to Ace Ace Amer Americ ican an In Insu sura ranc ncee Compan Company y. (y (ys, s, COUR COURT T STAF STAFF) F)
03/08/ 03/ 08/200 2005 5
(Filed on 3/8/2005) (Entered: 03/09/2005) CASE CASE DESI DESIGN GNA ATED TED fo forr El Elect ectro roni nicc Fili Filing ng.. (y (ys, s, COUR COURT T STAF STAFF) F) (Fil (Filed ed on 3/8/2005) (Entered: 03/09/2005)
03/23/2005
3 CLERK'S NOTICE NOTICE re: re: Failure Failure to E-File (Complaint, Summons by plaintiff.) plaintiff.) (ys, COURT STAFF) STAFF) (Filed on 3/23/2005) (Entered: 03/24/2005) 03/24/2005 )
04 04/1 /14/ 4/20 2005 05
4 CER CERTI TIFI FICA CATE TE OF SER SERVI VICE CE by Calp Calpin inee Corp Corpor orat atio ion n of initial court documents. (ys, COURT STAFF) STAFF) (Filed on 4/14/2005) 4 /14/2005) (Entered: 04/14/2005)
04/14/2005
5 CLERK'S NOTICE re: Failure Failure to E-File (Proof (Proof of Service by plaintiff). (ys, COURT COUR T STAFF) (Filed on 4/14/2005) (Entered: 04/14/2005)
04/26/2005
SUPPORT OF SUPPORT MOTION TO DISMISS DISMIS S 6 COMPLAINT Request for Judicial OR, INNotice THE IN ALTERNATIVE, TO DISMISSTO THIRD CLAIM FOR RELIEF, PURSUANT PURSUANT TO TO FEDERAL FEDERAL RULE RULE OF CIVIL CIVIL PROCEDUR PROCEDURE E 12(B)(6 filed byAce American Insurance Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 (Part 1)# 3 Exhibit 2 (Part 2))(Sims, Brian) (Filed on 4/26/2005) (Entered: 04/26/2005)
04/26/2005
7 MOTION to Dismiss COMPLAINT OR, IN THE ALTERNATIVE, TO DISMISS THIRD CLAIM FOR RELIEF, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) filed by Ace American Insurance Company. Motion Hearing set for 6/3/2005 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Sims, Brian) (Filed on 4/26/2005) (Entered: 04/26/2005)
12/9/10 12:35 PM
CAND-ECF
https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?109546523412...
04/27/2005
SUPPORT OF 8 Request for Judicial Notice re 6 Request for Judicial Notice, IN SUPPORT MOTION TO TO DISMISS COMPLAINT COMPLAINT OR, IN IN THE ALTERNA ALTERNATIVE, TIVE, TO DISMISS THIRD THIRD CLAIM CLAIM FOR RELIEF RELIEF,, PURSUANT PURSUANT TO TO FEDERAL FEDERAL RULE RULE OF CIVIL PROCEDURE 12(B)(6) filed byAce American Insurance Company Compa ny.. (Related document(s) 6 ) (Sims, Brian) (Filed on 4/27/2005) (Entered: 04/27/2005)
05/03/2005
Hearing set for 6/10/2005 09:00 AM. (ts, COURT 9 CLERK'S NOTICE Motion Hearing STAFF) ST AFF) (Filed on 5/3/2005) (Entered: 05/03/2005)
05/03/2005
Set/Reset Deadlines as to 7 MOTION to Dismiss COMPLAINT OR, IN THE ALTERNA ALTE RNATIVE, TIVE, TO TO DISMISS THIRD CLAIM CLAIM FOR RELIEF RELIEF,, PURSUANT PURSUANT TO TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) . Motion Hearing set for 6/10/2005 09:00 AM. (ys, COURT STAFF) STAFF) (Filed on 5/3/2005) (Entered: 05/04/2005)
05/19/2005
12 12 Received Document Stipulation and order order to continue hearing hearing on defendant's motion to dismiss complaint or, in the alternative, to dismiss Third Claim for relief pursuant to Federal Rule of Civil Procedure 12(b)(6) by Calpine Ca lpine Corporation. (ys, COURT STAFF) STAFF) (Filed on 5/19/2005) Additional attachment(s) added on 5/23/2005 (ys, COURT STAFF). STAFF). (Entered: 05/20/2005)
05/19/2005
10 support of Stipulation and order to continue hearing on 10 Declaration in support defendant's motion to dismiss complaint or, in the alternative, to dismiss Third Claim for releif pursuant to Federal Rule of Civil Procedure 12(b)(6) filed byCalpine Corporation. (ys, COURT STAFF) STAFF) (Filed on 5/19/2005) Additional attachment(s) added on 5/23/2005 (ys, COURT STAFF). STAFF). (Entered: 05/20/2005)
05/20/2005
11 11 CLERK'S NOTICE NOTICE re: re: Failure Failure to E-File Stipulation and Order to continue continue hearing, declaration in support of stipulation and o order rder by plaintiff. (ys, COURT STAFF) ST AFF) (Filed on 5/20/2005) 5/20/2005 ) (Entered: 05/20/2005)
05/23/2005
13 13 ORDER continuing motion to 6/24/05. Signed by Judge Illston on 5/20/05. (ts, COURT COUR T STAFF) (Filed on 5/23/2005) (Entered: 05/23/2005)
05/23/2005
Set/Reset Deadlines as to 7 MOTION to Dismiss COMPLAINT OR, IN THE ALTERNATIVE, ALTERNA TIVE, TO TO DISMISS THIRD CLAIM CLAIM FOR RELIEF RELIEF,, PURSUANT PURSUANT TO TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) . Motion Hearing set for 6/24/2005 09:00 AM. (ys, COURT STAFF) STAFF) (Filed on 5/23/2005) (Entered: 05/24/2005)
05/27/2005
3 of 10
14 14 MEMORANDUM of Points & Authorities in Oppostion to re 7 MOTION to Dismiss COMPLAINT OR, IN THE ALTERNATIVE, TO DISMISS THIRD CLAIM FOR RELIEF, RELIEF, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6). Filed by PlaintiffCalpine Corporation. (Related document(s) 7 ). (tn, COURT STAFF) STAFF) (Filed on 5/27/2005) Additional attachment(s) added on 6/3/2005 (rcs, COURT STAFF). STAFF). Additional attachment(s) added on 6/3/2005 (rcs, COURT STAFF). STAFF). (Entered: 06/01/2005)
12/9/10 12:35 PM
CAND-ECF
https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?109546523412...
05/27/2005
15 15 OPPOSITION to re 8 Request for Judicial Notice in Support of Motion to Dismiss Complaint. Filed by Plaintiff Calpine Corporation. (Related document(s) 8 ).(tn, COURT STAFF) STAFF) (Filed on 5/27/2005) Additional attachment(s) added on 6/3/2005 (rcs, COURT STAFF). STAFF). (Entered: 06/01/2005)
05/27/2005
16 DECLARATION 16 DECLARATION of Martin L. Seeger, IV in Support of re 15 15 Opposition Opposition to Defendant's Request for Judicial Notice in Support of Motion to Dismiss Complaint. Filed by PlaintiffCalpine Corporation. (Related document(s) 15 ).(tn, 15 ).(tn, COURT STAFF) (Filed on 5/27/2005) Additional attachment(s) added on COURT 6/3/2005 (rcs, COURT COURT STAFF). (Entered: 06/01/2005)
06/01/2005
17 CLERK'S NOTICE To Plaintiff's Plaintiff's Counsel re: Failure to E-File and/or Failure to 17 Register as an E-Filer. E-Filer. (tn, COURT STAFF) STAFF) (Filed on 6/1/2005) (Entered: 06/01/2005)
06/17/2005
18 18 RESPONSE in Support Of 7 Defendant's Defendant's Motion to Dismiss Complaint Or, in the Alternative, to Dismiss Third Claim for Relief Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed byAce American Insurance Company. (Sims, Brian) (Filed on 6/17/2005) Modified on 6/21/2005 (ys, COURT STAFF). STAFF). (Entered: 06/17/2005)
06/17/2005
19 19 ERRAT ER RATA A re 6 Request for Judicial Notice, in Support of Motion to Dismiss by Ace American Insurance Company Co mpany,, Ace American Insurance Company. (Sims, Brian) (Filed on 6/17/2005) (Entered: 06/17/2005)
06/17/2005
20 STIPULATION and Order to Reschedule Hearing on Defendant's Motion to 20 Dismiss Complain Complaintt Or, Or, in the Alternative, Alternative, to Dismiss Dismiss Third Third Claim Claim for Relief Relief Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Ace American Insurance Company. (Sims, Brian) (Filed on 6/17/2005) (Entered: 06/17/2005)
06/17/ 06/ 17/2005 2005
23 NOTICE NOTICE of need need for ADR Phone Phone Confer Conference ence (ADR (ADR L.R. L.R. 3-5 d) by partie parties. s. (ys, (ys, COURT COUR T STAFF) (Filed on 6/17/2005) (Entered: 06/21/2005)
06/20/2005
21 21 STIPULATION STIPULATION AND ORDER continuing motion to 7/1/05. Signed by Judge Illston on 6/20/05. (ts, COURT STAFF) STAFF) (Filed on 6/20/2005) (Entered: 06/20/2005)
06/20/2005
06/20/2005
06/21/2005
22 CORRECT ORDER CONTINUING MOTION (PREVIOUS ORDER FILED 22 IN ERROR). Signed by Judge Illston on 6/20/05. (ts, COURT COURT STAFF) STAFF) (Filed on 6/20/2005) (Entered: 06/20/2005) Set/Reset Deadlines as to 7 MOTION to Dismiss COMPLAINT OR, IN THE ALTERNA ALTE RNATIVE, TIVE, TO TO DISMISS THIRD CLAIM CLAIM FOR RELIEF RELIEF,, PURSUANT PURSUANT TO TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) . Motion Hearing set for 7/1/2005 09:00 AM. (ys, COURT STAFF) STAFF) (Filed on 6/20/2005) (Entered: 06/21/2005) 24 CLERK'S NOTICE 24 NOTICE re: re: Failure Failure to E-File NOTICE OF NEED FOR ADR ADR PHONE CONFERENCE [ADR L.R.3-5]. (ys, COURT STAFF) STAFF) (Filed on
4 of 10
12/9/10 12:35 PM
CAND-ECF
https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?109546523412...
6/21/2005) (Entered: 06/21/2005)
5 of 10
06/28/2005
25 Letter from Martin L. Seeger, IV 25 IV. (Seeger, (Seeger, Martin) (Filed on 6/28/2005) (Entered: 06/28/2005)
07/06/2005
26 26 STIPULATION and Order to Continue Case Management Conference by Calpine Corporation. (Seeger, Martin) (Filed on 7/6/2005) (Entered: 07/06/2005)
07/07/2005
27 27 Minute Entry: Motion Hearing (Date Filed: 7/7/2005). (Court Reporter Yeomans.) (ts, COURT COURT STAFF) (Date Filed: 7/7/2005) (Entered: 07/07/2005)
07/07/2005
28 28 ORDER granting in part and denying in part re 7 Motion to DISMISS. Signed by Judge Illston on 7/1/05. (ts, COURT STAFF) STAFF) (Filed on 7/7/2005) Modified on 7/8/2005 (ys, COURT STAFF). STAFF). (Entered: 07/07/2005)
07/08/2005
29 STIPULATION AND ORDER continuing case management to 7/29/05. Signed Signed 29 STIPULATION by Judge Illston on 7/8/05. (ts, COURT STAFF) STAFF) (Filed on 7/8/2005) (Entered: 07/08/2005)
07/08/ 07/ 08/200 2005 5
Se Sett Dead Deadli lines nes/H /Hea eari ring ngs: s: Case Case Mana Managem gemen entt Conf Confer erenc encee set set fo forr 7/ 7/29/ 29/200 2005 5 02:00 02:00 PM. (ys, COURT STAFF) STAFF) (Filed on 7/8/2005) (Entered: 07/11/2005)
07/27/2005
30 JOINT CASE MANAGEMENT 30 MANAGEME NT STATEMENT STATEMENT filed by Ace American America n Insurance Company. (Sims, Brian) (Filed on 7/27/2005) (Entered: 07/27/2005)
12/27/2005
31 NOTICE by Calpine Corporation Notice of Bankruptcy Bankruptcy and Automatic Automatic Stay Stay of 31 Proceedings (Seeger, Martin) (Filed on 12/27/2005) (Entered: 12/27/2005)
01/03/2006
32 32 Order/Statistical Closing. Signed by Judge Illston on 1/3/06. (ts, COURT STAFF) ST AFF) (Filed on 1/3/2006) (Entered: 01/03/2006)
01/19/2007
33 Letter from Martin L. Seeger, IV 33 IV, Counsel of Record for Plaintiff, Plaintiff, Calpine Corporation. (Attachments: # 1 Exhibit)(Seeger, Martin) (Filed on 1/19/2007) (Entered: 01/19/2007)
01/26/2007
34 set for 2/23/2007 02:30 02:30 PM. 34 CLERK'S NOTICE Case Management Conference set (ts, COURT STAFF) STAFF) (Filed on 1/26/2007) (Entered: 01/26/2007) 01 /26/2007)
02/09/2007
PROPOSED ORDER filed 35 JOINT CASE MANAGEMENT 35 MANAGEME NT STATEMENT STATEMENT AND PROPOSED by Calpine Corporation. (Seeger, Martin) (Filed on 2/9/2007) (Entered: 02/09/2007)
02/09/2007
36 36 STIPULATION FOR TELEPHONIC APPEARANCE AT THE CASE MANAGEMENT MANAGE MENT CONFERE CONFERENCE NCE AND PROPOSED PROPOSED ORDER ORDER by Calpine Corporation. (Seeger, Martin) (Filed on 2/9/2007) (Entered: 02/09/2007)
02/15/2007
37 granting request to appear by phone. Signed by Judge Illston Illston on 37 ORDER granting 2/14/07. (ts, COURT STAFF) STAFF) (Filed on 2/15/2007) (Entered: 02/15/2007)
12/9/10 12:35 PM
CAND-ECF
02/27/2007
02 02/2 /27/ 7/20 2007 07 04/17/2007
https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?109546523412...
38 Conference held on 2/23/2007 before 38 Minute Entry: Further Case Management Conference Illston (Date Filed: 2/27/2007). 2/27/2007 ). () (ts, COURT COURT STAFF) STAFF) (Date Filed: F iled: 2/27/2007) (Entered: 02/27/2007) THIS THIS CASE CASE SHAL SHALL L BE REOP REOPEN ENED ED Rema Remark rk (ts, (ts, COUR COURT T STAF STAFF) F) (Fil (Filed ed on 2/27/2007) (Entered: 02/27/2007) 39 STIPULATION CONTINUING OPERATIVE DATES FOR MOTION FOR 39 SUMMARY JUDGMENT PROPOSED ORDER by Calpine Corporation. (Seeger, Martin) (Filed onAND 4/17/2007) (Entered: 04/17/2007)
04/24/2007
40 ORDER continuing 40 continuing motion hearing to 8/3/07. Signed by Judge Illston on 4/23/07. (ts, COURT STAFF) STAFF) (Filed on 4/24/2007) (Entered: 04/24/2007)
06/29/2007
41 MOTION to Compel Further Deposition Testimony, Request for Monetary 41 Sanctions, and Postponement of Hearing on Motion for Summary Judgment filed by Calpine Corporation. Motion Hearing set for 9/7/2007 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Attachments: # 1 Notice of Motion# 2 Memorandum of Points and Authorities# 3 Declaration of Martin L. Seeger, IV# 4 Proposed Order)(Seeger, Martin) (Filed on 6/29/2007) (Entered: 06/29/2007)
06/29/2007
42 MOTION for Summary 42 Summary Judgment filed by Ace American American Insurance Insurance Company. Company. Motion Hearing set for 8/3/2007 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Sims, Brian) (Filed on 6/29/2007) (Entered: 06/29/2007)
06/29/2007
43 43 Declaration of Thomas Holden in Support of 42 42 MOTION MOTION for Summary Judgment filed byAce American Insurance Company. (Attachments: # 1 Exhibit Tom Holden Decl# 3 Exh A to Tom Holden Decl# 2 Exhibit Exh B Part One to Tom Exhibit Exh B Part Two to Tom Tom Holden Decl)(Related document(s) docu ment(s) 42 ) 42 ) (Sims, Brian) (Filed on 6/29/2007) (Entered: 06/29/2007)
06/29/2007
44 Declaration of Joy Teitsma in Support of 42 42 MOTION MOTION for Summary Judgment 44 filed byAce American Insurance Company. (Related document(s) 42 ) 42 ) (Sims, Brian) (Filed on 6/29/2007) (Entered: 06/29/2007)
06/29/2007
45 42 MOTION MOTION for Summary Judgment filed byAce 45 Request for Judicial Notice re 42 American Insurance Company. (Related document(s) 42 ) 42 ) (Sims, Brian) (Filed on 6/29/2007) (Entered: 06/29/2007)
07/13/2007
46 42 Defendant ACE American Insurance 46 Memorandum in Opposition to 42 Defendant Company's Motion for Summary Judgment filed filed byCalpine Corporation. (Attachments: # 1 Declaration of Martin L. Seeger, IV# 2 Declaration of W. Thomas Box, Jr.)(Seeger, Jr.)(Seeger, Martin) (Filed on 7/13/2007) Modified on 7/16/2007 (ys, COURT STAFF). STAFF). (Entered: 07/13/2007)
07/20/2007
American Insurance Insurance Company's Company's Reply Reply In Support Support Of 42 Its 42 Its Motion For 47 47 ACE American Summary Judgment filed filed byAce American Insurance Company. (Holden,
Thomas) (Filed on 7/20/2007) Modified on 7/20/2007 (ys, COURT STAFF). STAFF).
6 of 10
12/9/10 12:35 PM
CAND-ECF
https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?109546523412...
(Entered: 07/20/2007) 07/23/2007
41 Plaintiff's Motion to 48 48 MOTION for Protective Order and Opposition to 41 Plaintiff's Compel filed by Ace American Insurance Company. Motion Hearing set for 9/7/2007 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Holden, Thomas) (Filed on 7/23/2007) Modified on 7/30/2007 (ys, COURT STAFF). STAFF). (Entered: 07/23/2007)
07/23/2007
49 Declaration 49 of Brian E. SimsMotion in Support of 48 48 MOTION MOTION forAmerican ProtectiveInsurance Order and Opposition to Plaintiff's to Compel filed byAce Company. (Related document(s) 48 ) 48 ) (Holden, Thomas) (Filed on 7/23/2007) (Entered: 07/23/2007)
07/24/2007
on Defendant's Defendant's Motion for for Summary Summary Judgment Judgment 50 MOTION to Continue Hearing on 50 filed by Calpine Corporation. Motion Hearing set for 8/3/2007 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Attachments: # 1 Declaration of Martin L. Seeger, IV, IV, in Support of Calpine Corporation's Request for Continuance of Hearing on Defendant's Motion for Summary Judgment# 2 Errata to Plaintiff Calpine Corporation's Opposition to Defendant Ace American Insurance Company's Motion for Summary Judgment)(Seeger, Martin) (Filed on 7/24/2007) (Entered: 07/24/2007)
07/30/2007
51 Supplemental Declaration of Martin L. Seeger, IV, in Support of 50 51 50 Plaintiff Plaintiff Calpine Corporation's Request for Continuance of Hearing on Defendant's Motion for Summary Judgment filed filed byCalpine Corporation. (Seeger, Martin) (Filed on 7/30/2007) Modified on 7/31/2007 (ys, COURT COURT STAFF). STAFF). (Entered: 07/30/2007)
07/31/2007
on 52 50 MOTION to Continue Hearing on 52 Memorandum in Opposition re 50 MOTION Defendant's Defenda nt's Motion for for Summary Summary Judgment Judgment , 42 42 MOTION MOTION for Summary Judgment Opposition to Plaintiff's Request for Continuance Under Rule 56(f) filed byAce American Insurance Company. (Sims, Brian) (Filed on 7/31/2007) (Entered: 07/31/2007)
08/02/2007
53 ORDER granting 53 granting plaintiff's plaintiff's request for for continuance continuance of hearing on defendant's motion for summary judgment (SI, COURT STAFF) STAFF) (Filed on 8/2/2007) 8 /2/2007) (Entered: 08/02/2007)
08/02/2007
Set/Reset Deadlines as to 42 42 MOTION MOTION for Summary Judgment. Motion Hearing set for 9/7/2007 09:00 AM. (ys, COURT STAFF) STAFF) (Filed on 8/2/2007) (Entered: 08/03/2007)
08/24/2007
54 54 STIPULATION Stipulation and Order to Reschedule Hearing on Defendant's Motion for Summary Judgment and Related Related Matters by Ace American Insurance Company. (Sims, Brian) (Filed on 8/24/2007) (Entered: 08/24/2007)
08/24/2007
Defendant's 's Opposition Opposition to Motion Motion to Compel Compel Further Deposition Deposition 55 Reply to Defendant 55 Testimony, Request for Monetary Sanctions; and Request for Protective Order
filed byCalpine Corporation. (Seeger, Martin) (Filed on 8/24/2007) Modified on
7 of 10
12/9/10 12:35 PM
CAND-ECF
https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?109546523412...
8/27/2007 (ys, COURT COURT STAFF). STAFF). (Entered: 08/24/2007) 08/24/200 7) 09/04/2007 09/04/2007
56 ORDER continuing 56 continuing both motions. Signed by Judge Illston Illston on 9/1/07. (ts, COURT COUR T STAFF) (Filed on 9/4/2007) (Entered: 09/04/2007) 42 MOTION MOTION for Summary Judgment, 41 MOTION 41 MOTION to Set/Reset Deadlines as to 42 Compel Further Deposition Testimony, Request for Monetary Sanctions, and Postponement of Hearing on Motion for Summary Judgment . Motion Hearing set for 9/28/2007 09:00 AM. (rcs, COURT STAFF) STAFF) (Filed on 9/4/2007) (Entered: 09/05/2007)
09/21/2007
57 Supplemental Submission in Support of 42 Defendant 42 Defendant Ace American Insurance 57 Company's Motion for Summary Judgment filed filed byAce American Insurance Company. (Related document(s) 42 ) 42 ) (Sims, Brian) (Filed on 9/21/2007) Modified on 9/26/2007 (ys, COURT STAFF). STAFF). (Entered: 09/21/2007)
09/21/2007
58 57 Memorandum Memorandum in Support, 58 Declaration of Brian E. Sims in Support of 57 Declaration Declara tion of Brian Brian E. Sims in Support of Ace American American Insurance Insurance Company's Company's Supplemental Submission in Support of Motion for Summary Judgment filed filed byAce American Insurance Company. (Related document(s) 57 ) 57 ) (Sims, Brian) (Filed on 9/21/2007) (Entered: 09/21/2007)
09/21/2007
59 57 Memorandum in 59 Declaration of CAROLDEAN BROCCI in Support of 57 Memorandum Support, DECLAR DECLARATI ATION ON OF CAROLDEA CAROLDEAN N BROCCI BROCCI REGARDING REGARDING ENDORSEMENT ENDOR SEMENT 17 filed filed byAce American Insurance Company. (Attachments: (Attachments: 57 ) (Sims, Brian) (Filed on # 1 Exhibit # 2 Exhibit)(Related document(s) 57 ) 9/21/2007) (Entered: 09/21/2007)
09/21/2007
60 DECLARATION of Martin L. Seeger, 60 Seege r, IV Regar Regarding ding Endorsement Endorsement Number 17 Pursuant to Order Granting Plaintiff's Continuance of Hearing on Defendant's Motion for Summary Judgment filed filed byCalpine Corporation. (Seeger, Martin) (Filed on 9/21/2007) (Entered: 09/21/2007)
09/21/2007
Regarding ding Endorsement Endorsement Number Number 17 61 61 DECLARATION DECLARATION of Kevin Cunningham Regar Pursuant to Order Granting Plaintiff's Request for Continuance of Hearing on Defendant's Defenda nt's Motion for for Summary Summary Judgment Judgment filed filed byCalpine Corporation.
(Seeger, Martin) (Filed on 9/21/2007) (Entered: 09/21/2007)
09/21/2007
8 of 10
62 MOTION to Compel Further Deposition Testimony and Request for Monetary 62 Sanctions filed by Calpine Corporation. Motion Hearing set for 11/9/2007 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Attachments: # 1 Notice of Motion to Compel Further Deposition Testimony Testimony and Request Reque st for Monetary Sanctions# 2 Memorandum of Points and Authorities in Support of Motion to Compel Further Deposition Testimony and Request for Monetary Sanctions# 3 Declaration of Martin L. Seeger, IV, IV, in Support of Motion to Compel Co mpel Further Deposition Testimony Testimony and Request for Monetary Sanctions# 4 Proposed Order Granting Motion to Compel Further Deposition Testimony Testimony and Request for Monetary Sanctions)(Seeger, Martin) (Filed on 9/21/2007) (Entered:
12/9/10 12:35 PM
CAND-ECF
https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?109546523412...
09/21/2007) 09/25/2007
09/25/2007
09/25/2007
63 ORDER CONTINUING HEARING ON DEFENDANT'S MOTION FOR 63 SUMMARY SUMMAR Y JUDGMENT to 10/12/07 at 9:00 a.m.. Signed by Judge Susan Illston. (SI, COURT STAFF) STAFF) (Filed on 9/25/2007) (Entered: 09/25/2007) Set/Reset Deadlines as to 42 42 MOTION MOTION for Summary Judgment. Motion Hearing set for 10/12/2007 09:00 AM. (ys, COURT STAFF) STAFF) (Filed on 9/25/2007) 9 /25/2007) (Entered: 09/26/2007) 64 57 Supplemental Supplemental Submission filed 64 MEMORANDUM in Opposition re 57 byCalpine Corporation. (Related document(s) 57 ) 57 ) (ys, COURT STAFF) (Filed on 9/25/2007) (Entered: 09/26/2007)
09/25/2007
65 Declaration of Martin L. Seeger, 65 Seeger, IV regarding Attempted Electric Service Service on September 24, 2007 filed byCalpine Corporation. (ys, COURT STAFF) STAFF) (Filed on 9/25/2007) (Entered: 09/26/2007)
09/25/2007
66 ERRA 66 ERR ATA to re 60 60 Declaration Declaration of Martin L. Seeger, Seege r, IV, IV, regarding endorsement number 17 pursuant to order granting plaintiff's continuance of hearing on defendant's motion for summary judgment judgmen t by Calpine Corporation. (ys, COURT STAFF) ST AFF) (Filed on 9/25/2007) 9/25/2007 ) (Entered: 09/26/2007)
09/27/2007
67 CLERK'S NOTICE Continuing Motion Hearing Motion Hearing set for 67 10/12/2007 09:00 AM. (ts, COURT STAFF) STAFF) (Filed on 9/27/2007) 9 /27/2007) (Entered: 09/27/2007)
09/27/2007
41 MOTION MOTION to Compel Further Deposition Set/Reset Deadlines as to 41 Testimony, Request for Monetary Sanctions, and Postponement of Hearing on Motion for Summary Judgment . Motion Hearing set for 10/12/2007 09:00 AM. (ys, COURT STAFF) STAFF) (Filed on 9/27/2007) (Entered: 09/28/2007) 09/28/2007 )
10/05/2007
68 AMERICAN INSURANC INSURANCE E COMPANY'S COMPANY'S RESPONSE RESPONSE TO TO 70 70 CALPINE'S CALPINE'S 68 ACE AMERICAN SUPPLEMENTAL SUBMISSIONS IN OPPOSITION TO ACE'S MOTION FOR SUMMARY JUDGMENT filed filed byAce American Insurance Company. (Sims, Brian) (Filed on 10/5/2007) Modified on 10/9/2007 (ys, COURT STAFF). STAFF). (Entered: 10/05/2007)
10/05/2007
DECLARATION ON OF THOMAS THOMAS HOLDEN HOLDEN IN SUPPOR SUPPORT T OF 68 68 ACE ACE 69 69 DECLARATI AMERICAN AMERICA N INSURANCE INSURANCE COMP COMPANY'S ANY'S RESPONSE RESPONSE TO TO CALPINE'S CALPINE'S SUPPLEMENTAL SUBMISSIONS IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT filed filed byAce American Insurance Company. (Related document(s) 68 68 ) ) (Sims, Brian) (Filed on 10/5/2007) Modified on 10/9/2007 (ys, COURT COUR T STAFF). (Entered: 10/05/2007) 10 /05/2007)
10/05/2007
70 70 Memorandum in Opposition - Supplemental Submission in Opposition to Defendant's Defenda nt's Motion for for Summary Summary Judgment Judgment filed filed byCalpine Corporation. (Attachments: # 1 Declaration of Martin L. Seeger, IV, IV, in Support of Supplemental Submission in Opposition to Defendant's Motion for Summary
9 of 10
12/9/10 12:35 PM
CAND-ECF
https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?109546523412...
Judgment# 2 Objections to Evidence Submitted as Part of Supplemental Submission in Support of Defendant's Motion for Summary Judgmen Judgment)(Seeger, t)(Seeger, Martin) (Filed on 10/5/2007) (Entered: 10/05/2007) 10/12/2007
71 71 ORDER granting 42 defendant's 42 defendant's motion for summary judgment, denying 41 plaintiff's motion to compel, and denying as moot 48 defendant's 48 defendant's motion for a protective order. Signed by Judge Susan Illston. (SI, COURT ST STAFF) AFF) (Filed on 10/12/2007) (Entered: 10/12/2007)
10/16/2007
72 Minute Entry: Motion Hearing held on 10/12/2007 before Illston 72 Illston (Date Filed: Filed: 10/16/2007). (Court Reporter McVickar.) (ts, COURT STAFF) (Date Filed: 10/16/2007) (Entered: 10/16/2007)
11/06/2007
73 Notice of Withdrawal of Motion to Compel Further Deposition Testimony, and 73 Request for for Monetary Monetary Sanctions Sanctions filed byCalpine Corporation. (Seeger, Martin) (Filed on 11/6/2007) (Entered: 11/06/2007)
11/08/2007
74 REQUEST by Ace American Insurance Company re 71 Order 71 Order on Motion to 74 REQUEST T PURSUANT PURSUANT TO FRCP FRCP 58(d) FOR FOR ENTRY ENTRY OF Compel, REQUES JUDGMENT JUDGME NT (Holden, (Holden, Thomas) (Filed on 11/8/2007) Modified on 11/9/2007 (ys, COURT STAFF). (Entered: 11/08/2007)
11/08/2007
75 75 [Proposed} Order by Ace American Insurance Company re 71 Order 71 Order on Motion to Compel, [PROPOSED] JUDGMENT (Holden, (Holden, Thomas) (Filed on 11/8/2007) Modified on 11/9/2007 (ys, COURT STAFF). STAFF). (Entered: 11/08/2007)
11/13/2007
76 76 JUDGMENT in entered in favor of ACE American Insurance Insurance Company on all causes of action contained in the Complaint of plaintiff Calpine Corporation. Costs are awarded to ACE American against Calpine as a s maybe taxed on its memorandum of costs. Signed by Judge Illston on 11/9/07. (ts, COURT COURT STAFF) STAFF) (Filed on 11/13/2007) (Entered: 11/13/2007)