| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2005-10-20 |
1 |
0 |
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JOINT NOTICE OF REMOVAL from Supreme Court, County of Sullivan. Case Number: 1367/05. (Filing Fee $ 250.00, Receipt Number 559145).Document filed by Everest Reinsurance Company, Benfield Inc. (Attachments:, # 1 Exhibit A)(tb, ) (Entered: 10/21/2005) |
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| 2005-10-20 |
2 |
0 |
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RULE 7.1 DISCLOSURE STATEMENT. Document filed by Everest Reinsurance Company, Benfield Inc.(tb, ) (Entered: 10/21/2005) |
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| 2005-10-28 |
3 |
0 |
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STIPULATION AND ORDER; Benfield and Everest have requested, and Mills has consented, to the extension of the date by which Benfield and Everest may answer, move, or otherwise respond to the Complaint through and including 11/3/05. (Signed by Judge Colleen McMahon on 10/27/05) "The Clerk's Office Has Mailed Copies".(ae, ) (Entered: 11/01/2005) |
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| 2005-11-03 |
4 |
0 |
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MOTION to Dismiss Under Rule 12(b)(6), or in the Alternative, under Rule 9(b). Document filed by Everest Reinsurance Company. (Schiffer, Larry) (Entered: 11/03/2005) |
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| 2005-11-03 |
5 |
0 |
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FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Dismiss (Memorandum of Law in Support). Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit Declaration of Kevin Helewa Part 1# 2 Exhibit Declaration of Kevin Helawa Part 2# 3 Exhibit Declaration of Kevin Helewa Part 3# 4 Exhibit Declaration of Kevin Helewa Part 4# 5 Exhibit Declaration of Suman Chakraborty)(Schiffer, Larry) Modified on 11/4/2005 (kg). (Entered: 11/03/2005) |
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| 2005-11-03 |
6 |
0 |
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FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Dismiss (Certificate of Service). Document filed by Everest Reinsurance Company. (Schiffer, Larry) Modified on 11/4/2005 (kg). (Entered: 11/03/2005) |
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| 2005-11-03 |
7 |
0 |
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FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - MOTION to Dismiss Under Rule 12(b)(6) or, in the alternative, to Dismiss Under Rule 9(b). Document filed by Benfield Inc. (Rasmus, Lauren) Modified on 11/4/2005 (kg). (Entered: 11/03/2005) |
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| 2005-11-03 |
8 |
0 |
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MOTION to Dismiss Under Rule 12(b)(6) or, in the alternative, to Dismiss Under Rule 9(b). Document filed by Benfield Inc. (Attachments: # 1 Declaration of Kim Krantz# 2 Exhibit 1# 3 Exhibit 2# 4 Certificate of Service)(Rasmus, Lauren) (Entered: 11/03/2005) |
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| 2005-11-03 |
9 |
0 |
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MEMORANDUM OF LAW in Support re: 8 MOTION to Dismiss Under Rule 12(b)(6) or, in the alternative, to Dismiss Under Rule 9(b).. Document filed by Benfield Inc. (Rasmus, Lauren) (Entered: 11/03/2005) |
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| 2005-11-04 |
10 |
0 |
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MEMORANDUM OF LAW in Support re: 4 MOTION to Dismiss Under Rule 12(b)(6), or in the Alternative, under Rule 9(b).. Document filed by Everest Reinsurance Company. (Schiffer, Larry) (Entered: 11/04/2005) |
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| 2005-11-04 |
11 |
0 |
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DECLARATION of Kevin Helewa in Support re: 4 MOTION to Dismiss Under Rule 12(b)(6), or in the Alternative, under Rule 9(b).. Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit Exhibit 3 Part 1# 2 Exhibit Exhibit 3 Part 1# 3 Exhibit Exhibit 4)(Schiffer, Larry) (Entered: 11/04/2005) |
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| 2005-11-04 |
12 |
0 |
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DECLARATION of Suman Chakraborty in Support re: 4 MOTION to Dismiss Under Rule 12(b)(6), or in the Alternative, under Rule 9(b).. Document filed by Everest Reinsurance Company. (Schiffer, Larry) (Entered: 11/04/2005) |
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| 2005-11-04 |
13 |
0 |
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CERTIFICATE OF SERVICE of Motion to Dismiss, Memorandum of Law in Support of Motion to Dismiss and accompanying Exhibits served on Howard Mills and Benfield Inc. on 11/03/2005. Service was made by Mail. Document filed by Everest Reinsurance Company. (Schiffer, Larry) (Entered: 11/04/2005) |
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| 2005-11-22 |
14 |
0 |
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ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE:... If such a consent order is not filed within the time provided,... Initial Conference set for 1/6/2006 11:15 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 11/22/05) (Attachments:, # 1 Blank Consent Scheduling Order) Copies sent by Clerk's Office.(pf, ) (Entered: 11/23/2005) |
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| 2005-11-23 |
15 |
0 |
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STIPULATION AND ORDER REQUESTING AN EXTENSION OF TIME as set forth in this Stipulation. (Signed by Judge Colleen McMahon on 11/22/05) "Copies Mailed By Chambers".(ae, ) (Entered: 11/23/2005) |
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| 2005-12-05 |
16 |
0 |
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REPLY MEMORANDUM OF LAW in Support re: 4 MOTION to Dismiss Under Rule 12(b)(6), or in the Alternative, under Rule 9(b).. Document filed by Everest Reinsurance Company. (Schiffer, Larry) (Entered: 12/05/2005) |
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| 2005-12-05 |
17 |
0 |
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REPLY MEMORANDUM OF LAW in Support re: 8 MOTION to Dismiss Under Rule 12(b)(6) or, in the alternative, to Dismiss Under Rule 9(b).. Document filed by Benfield Inc. (Feeley, Patrick) (Entered: 12/05/2005) |
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| 2005-12-05 |
18 |
0 |
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REPLY AFFIDAVIT of Jody Klabunde in Support re: 8 MOTION to Dismiss Under Rule 12(b)(6) or, in the alternative, to Dismiss Under Rule 9(b).. Document filed by Benfield Inc. (Attachments: # 1 Exhibit 1)(Feeley, Patrick) (Entered: 12/05/2005) |
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| 2005-12-05 |
19 |
0 |
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CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of Benfield Inc.'s Motion to Dismiss Under Rule 12(b)(6) or, in the Alternative, to Dismiss under Rule 9(b) and Declaration of Jody Klabunde with attached Exhibit served on Plaintiff, by its attorneys: Law Offices of Christopher DuBois, 195 Lake Louise Marie Road, Rock Hill, New York 12775-8000 on December 5, 2005. Service was made by Mail. Document filed by Benfield Inc. (Feeley, Patrick) (Entered: 12/05/2005) |
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| 2005-12-08 |
20 |
0 |
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FIRST MEMORANDUM OF LAW in Opposition re: 8 MOTION to Dismiss Under Rule 12(b)(6) or, in the alternative, to Dismiss Under Rule 9(b)., 4 MOTION to Dismiss Under Rule 12(b)(6), or in the Alternative, under Rule 9(b). ReplyMemorandum. Document filed by Howard Mills. (Attachments: # 1 Civil Cover Sheet Cover page Memo of Law# 2 Appendix Table of Contents# 3 Appendix Table of Authorities# 4 Exhibit Rule 7.1 Statement)(Conolly, Henry) (Entered: 12/08/2005) |
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| 2005-12-08 |
21 |
0 |
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RULE 7.1 DISCLOSURE STATEMENT. Document filed by Howard Mills.(Conolly, Henry) (Entered: 12/08/2005) |
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| 2005-12-08 |
22 |
0 |
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FIRST MOTION to Amend/Correct Complaint. Document filed by Howard Mills. Return Date set for 12/12/2005 05:00 PM. (Attachments: # 1 Affidavit Declaration of RonLabenski# 2 Exhibit Declaration of RonLabenskiExhibitsA-F# 3 Supplement CertificateofService)(Conolly, Henry) (Entered: 12/08/2005) |
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| 2005-12-08 |
23 |
0 |
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MOTION for Bryan Keane to Appear Pro Hac Vice on behalf of Defendant Benfield, Inc.; w/ attached Affidavit of Bryan Keane attached. Document filed by Benfield Inc. (ae, ) Additional attachment(s) added on 12/21/2005 (ae, ). (Entered: 12/21/2005) |
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| 2005-12-08 |
24 |
0 |
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MOTION for Timothy E. Branson to Appear Pro Hac Vice on behalf of Defendant Benfield, Inc.. Document filed by Benfield Inc. (Attachments:, # 1)(ae, ) (Entered: 12/21/2005) |
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| 2005-12-27 |
25 |
0 |
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ORDER granting 23 Motion for Bryan Keane to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/22/2005) (jma, ) (Entered: 12/28/2005) |
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| 2005-12-27 |
26 |
0 |
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ORDER granting 24 Motion for Timothy E. Branson to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/23/2005) (jma, ) (Entered: 12/28/2005) |
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| 2006-01-24 |
27 |
0 |
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ORDER AND DECISION GRANTING IN PART AND DENYING IN PART DFTS' MOTION TO DISMISS re: 8 MOTION to Dismiss Under Rule 12(b)(6) or, in the alternative, to Dismiss Under Rule 9(b). filed by Benfield Inc,, 4 MOTION to Dismiss Under Rule 12(b)(6), or in the Alternative, under Rule 9(b). filed by Everest Reinsurance Company,.... For the foregoing reasons (see document for details), dfts' motion to dismiss the COmplaint is granted in part and denied in part... So Ordered: (Signed by Judge Colleen McMahon on 1/23/06) Copies sent by Chambers.(pf, ) (Entered: 01/24/2006) |
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| 2006-02-06 |
28 |
0 |
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ANSWER to Complaint. Document filed by Everest Reinsurance Company.(Schiffer, Larry) (Entered: 02/06/2006) |
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| 2006-02-06 |
29 |
0 |
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ANSWER to Complaint. Document filed by Benfield Inc.(Feeley, Patrick) (Entered: 02/06/2006) |
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| 2006-02-21 |
30 |
0 |
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STIPULATION FOR SUBSTITUTION OF COUNSEL: IT IS HERBEY STIPULATED by and between the undersigned that Defendant Everest Reinsurance Company hereby substitutes Hargraves McConnell & Costigan, P.C., 420 Lexington Avenue, New York, NY, as its attorneys of record in this action in the place of retiring counsel, LeBoeuf, Lamb, Greene & MacRae, LLP. SO ORDERED: (Signed By: Colleen McMahon, USDJ)(dcr, ) (Entered: 02/23/2006) |
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| 2006-03-21 |
31 |
0 |
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ENDORSED LETTER addressed to Dear Judge McMahon from Daniel A. Hargraves dated 03/20/2006 re: On March 7, 2006, following this firm's substitution as counsel for Everest, counsel for all parties, including plaintiff Frontier Insurance Company........In light thereof, the parties agreed on a proposed scheduling order..........ENDORSED, Counsel - I have a very clear rule that you cannot defer pre-trial filings pending a decision on a motion for summary judgment. Sorry.. (Signed by Judge Colleen McMahon on 03/21/2006) Copies Faxed By Chambers".(jma, ) (Entered: 03/22/2006) |
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| 2006-04-21 |
32 |
0 |
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NOTICE OF APPEARANCE by Seema Anita Misra on behalf of Howard Mills (Misra, Seema) (Entered: 04/21/2006) |
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| 2006-06-26 |
33 |
0 |
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MOTION to Compel / Notice Of Motion To Compel. Document filed by Howard Mills. (Misra, Seema) (Entered: 06/26/2006) |
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| 2006-06-26 |
34 |
0 |
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DECLARATION of Seema A. Misra in Support re: 33 MOTION to Compel / Notice Of Motion To Compel.. Document filed by Howard Mills. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9)(Misra, Seema) (Entered: 06/26/2006) |
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| 2006-06-26 |
35 |
0 |
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MEMORANDUM OF LAW in Support re: 33 MOTION to Compel / Notice Of Motion To Compel. / Memorandum Of Law In Support Of Plaintiff's Motion To Compel Production Of Documents. Document filed by Howard Mills. (Misra, Seema) (Entered: 06/26/2006) |
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| 2006-06-29 |
36 |
0 |
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement. Referred to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Colleen McMahon on June 29, 2006) (ll, ) (Entered: 06/30/2006) |
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| 2006-06-30 |
37 |
0 |
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SCHEDULING ORDER: Conference set for 7/13/2006 10:30 AM before Magistrate Judge Lisa Margaret Smith. (Signed by Judge Lisa Margaret Smith on 6/30/06) (fk, ) (Entered: 07/05/2006) |
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| 2006-07-11 |
38 |
0 |
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STIPULATION AND ORDER FOR THE PROTECTION AND EXCHANGE OF CONFIDENTIAL INFORMAITON...This Order incorporates Standing Order M-10-468, filed 10/5/01. See attached. So Ordered. (Signed by Judge Lisa Margaret Smith on 7/11/06) (fk, ) (Entered: 07/12/2006) |
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| 2006-07-12 |
39 |
0 |
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NOTICE OF APPEARANCE by Deirdre Joan Sheridan on behalf of Benfield Inc (Sheridan, Deirdre) (Entered: 07/12/2006) |
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| 2006-07-12 |
40 |
0 |
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MOTION to Dismiss --Notice of Motion to Dismiss Plaintiff's Complaint. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 07/12/2006) |
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| 2006-07-12 |
41 |
0 |
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AFFIDAVIT of John P. McConnell, Esq. in Support re: 40 MOTION to Dismiss --Notice of Motion to Dismiss Plaintiff's Complaint.. Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G - Part 1# 8 Exhibit G-Part 2# 9 Exhibit H)(McConnell, John) (Entered: 07/12/2006) |
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| 2006-07-12 |
42 |
0 |
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MEMORANDUM OF LAW in Support re: 40 MOTION to Dismiss --Notice of Motion to Dismiss Plaintiff's Complaint. --Memorandum of Law In Support of Defendant Everest Reinsurance Company's Motion to Dismiss Plaintiff's Complaint. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 07/12/2006) |
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| 2006-07-19 |
43 |
0 |
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ENDORSED LETTER addressed to Your Honor from Robert Lewin dated 07/18/2006 re: request a modication of the Scheduling Order, to provide for an extension of approximately 60-days........ENDORSED, OK - but no further extensions.... (Signed by Judge Colleen McMahon on 07/18/2006) (jma, ) (Entered: 07/20/2006) |
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| 2006-07-26 |
44 |
0 |
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MOTION to Dismiss Notice of Motion. Document filed by Benfield Inc. (Feeley, Patrick) (Entered: 07/26/2006) |
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| 2006-07-26 |
45 |
0 |
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MOTION to Dismiss MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT BENFIELD INC.'S MOTION TO DISMISS. Document filed by Benfield Inc. (Feeley, Patrick) (Entered: 07/26/2006) |
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| 2006-07-28 |
46 |
0 |
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ENDORSED LETTER addressed to Judge McMahon from Seema A. Misra dated 07/26/06 re: Briefing Schedule - Parties have agreed to the following with respect to the briefing of the two motions: Benfield will serve its motion on or before July 28, 2006; Plaintiff will serve its opposition to the motions to dismiss on or before August 18, 2006; Defendants Everest and Benfield will serve their replies on or before September 1, 2006. ENDORSED: Granted.. (Signed by Judge Colleen McMahon on 07/28/06) (dcr, ) (Entered: 07/31/2006) |
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| 2006-07-17 |
47 |
0 |
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ORDER... In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes:... So Ordered (Signed by Judge Lisa Margaret Smith on 7/17/06) (fk, ) (Entered: 08/09/2006) |
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| 2006-07-18 |
48 |
0 |
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ORDER... Plaintiff and the Defendant Everest have moved for an order compelling production of documents. Familiarity with the facts and pleadings is presumed....Upon review of such logcounsel must confer and if Defendant persists in its objections to the application of privilege or the work product doctrine then the allegedly privileged or protected documents are to be submitted to the Court for in camera review along with a corresponding privilege log. This constitutes the Decision and Order of the Court. So Ordered. (Signed by Judge Lisa Margaret Smith on 7/18/06) (fk, ) (Entered: 08/09/2006) |
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| 2006-08-18 |
49 |
0 |
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DECLARATION of Seema Misra in Opposition re: 40 MOTION to Dismiss --Notice of Motion to Dismiss Plaintiff's Complaint., 44 MOTION to Dismiss Notice of Motion.. Document filed by Howard Mills. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11)(Misra, Seema) (Entered: 08/18/2006) |
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| 2006-08-18 |
50 |
0 |
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DECLARATION of Ronald Labenski in Opposition re: 44 MOTION to Dismiss Notice of Motion., 40 MOTION to Dismiss --Notice of Motion to Dismiss Plaintiff's Complaint.. Document filed by Howard Mills. (Misra, Seema) (Entered: 08/18/2006) |
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| 2006-08-18 |
51 |
0 |
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MEMORANDUM OF LAW in Opposition re: 44 MOTION to Dismiss Notice of Motion., 40 MOTION to Dismiss --Notice of Motion to Dismiss Plaintiff's Complaint.. Document filed by Howard Mills. (Misra, Seema) (Entered: 08/18/2006) |
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| 2006-08-18 |
52 |
0 |
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CERTIFICATE OF SERVICE. Document filed by Howard Mills. (Misra, Seema) (Entered: 08/18/2006) |
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| 2006-08-23 |
53 |
0 |
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MOTION for Discovery --Defendant Everest Reinsurance Company's Objections to July 18, 2006 Order. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 08/23/2006) |
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| 2006-08-23 |
54 |
0 |
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MEMORANDUM OF LAW in Support re: 53 MOTION for Discovery --Defendant Everest Reinsurance Company's Objections to July 18, 2006 Order. --Memorandum of Law in Support of Defendant Everest Reinsurance Company's Objections to July 18, 2006 Order. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 08/23/2006) |
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| 2006-08-23 |
55 |
0 |
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DECLARATION of John P. McConnell in Support re: 53 MOTION for Discovery --Defendant Everest Reinsurance Company's Objections to July 18, 2006 Order.. Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L, Part 1# 13 Exhibit L, Part 2# 14 Exhibit M, Part 1# 15 Exhibit M, Part 2# 16 Exhibit M, Part 3# 17 Exhibit N# 18 Exhibit O# 19 Exhibit P# 20 Exhibit Q, Part 1# 21 Exhibit Q, Part 2# 22 Exhibit R# 23 Exhibit S, Part 1# 24 Exhibit S, Part 2# 25 Exhibit S, Part 3# 26 Exhibit S, Part 4)(McConnell, John) (Entered: 08/23/2006) |
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| 2006-08-23 |
56 |
0 |
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DECLARATION of Kevin Helewa in Support re: 53 MOTION for Discovery --Defendant Everest Reinsurance Company's Objections to July 18, 2006 Order.. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 08/23/2006) |
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| 2006-09-01 |
57 |
0 |
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MEMORANDUM OF LAW in Support re: 45 MOTION to Dismiss MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT BENFIELD INC.'S MOTION TO DISMISS.. Document filed by Benfield Inc. (Attachments: # 1 Affidavit)(Keane, Bryan) (Entered: 09/01/2006) |
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| 2006-09-01 |
58 |
0 |
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REPLY MEMORANDUM OF LAW in Support re: 44 MOTION to Dismiss Notice of Motion., 40 MOTION to Dismiss --Notice of Motion to Dismiss Plaintiff's Complaint. --Defendant's Reply Memorandum in Support of Motions to Dismiss. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 09/01/2006) |
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| 2006-09-01 |
59 |
0 |
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DECLARATION of John P. McConnell in Support re: 40 MOTION to Dismiss --Notice of Motion to Dismiss Plaintiff's Complaint., 44 MOTION to Dismiss Notice of Motion.. Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C, Part 1# 4 Exhibit C, Part 2)(McConnell, John) (Entered: 09/01/2006) |
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| 2006-09-06 |
60 |
0 |
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DECLARATION of Seema A.Misra in Opposition re: 53 MOTION for Discovery --Defendant Everest Reinsurance Company's Objections to July 18, 2006 Order.. Document filed by Howard Mills. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15 Part 1# 16 Exhibit 15 Part 2# 17 Exhibit 16# 18 Exhibit 17# 19 Exhibit 18# 20 Exhibit 19# 21 Exhibit 20# 22 Exhibit 21# 23 Exhibit 22)(Misra, Seema) (Entered: 09/06/2006) |
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| 2006-09-06 |
61 |
0 |
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MEMORANDUM OF LAW in Opposition re: 53 MOTION for Discovery --Defendant Everest Reinsurance Company's Objections to July 18, 2006 Order.. Document filed by Howard Mills. (Misra, Seema) (Entered: 09/06/2006) |
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| 2006-09-06 |
62 |
0 |
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CERTIFICATE OF SERVICE. Document filed by Howard Mills. (Misra, Seema) (Entered: 09/06/2006) |
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| 2006-09-06 |
63 |
0 |
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ENDORSED LETTER addressed to Hon. Colleen McMahon from John P. McConnell dated 09/01/2006 re: request permission to serve and file a single joint reply memorandum not to exceed fifteen pages in lenght......ENDORSED, OK.. (Signed by Judge Colleen McMahon on 09/08/2006) (jma, ) (Entered: 09/07/2006) |
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| 2006-09-08 |
64 |
0 |
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NOTICE OF APPEARANCE by David L. Fox on behalf of Clarendon National Insurance Company (Fox, David) (Entered: 09/08/2006) |
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| 2006-09-08 |
65 |
0 |
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MOTION to Intervene by Clarendon on behalf of Defendants. Document filed by Clarendon National Insurance Company. (Fox, David) (Entered: 09/08/2006) |
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| 2006-09-08 |
66 |
0 |
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DECLARATION of Michael Sheehan in Support re: 65 MOTION to Intervene by Clarendon on behalf of Defendants.. Document filed by Clarendon National Insurance Company. (Fox, David) (Entered: 09/08/2006) |
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| 2006-09-08 |
67 |
0 |
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DECLARATION of David L. Fox, ESQ. in Support re: 65 MOTION to Intervene by Clarendon on behalf of Defendants.. Document filed by Clarendon National Insurance Company. (Attachments: # 1 Exhibit "1" Answer, Cross-Claim and Counterclaim of Prosperctive Defendant-Intervenors Clarendon National Insurance Company# 2 Exhibit "A"# 3 Exhibit B# 4 Exhibit "C"# 5 Exhibit "D"# 6 Exhibit "F"# 7 Exhibit "F"# 8 Exhibit "G"# 9 Exhibit "H"# 10 Exhibit "I"# 11 Exhibit "J"# 12 Exhibit "K"# 13 Exhibit "L"# 14 Exhibit "M")(Fox, David) (Entered: 09/08/2006) |
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| 2006-09-08 |
68 |
0 |
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MEMORANDUM OF LAW in Support re: 65 MOTION to Intervene by Clarendon on behalf of Defendants.. Document filed by Clarendon National Insurance Company. (Fox, David) (Entered: 09/08/2006) |
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| 2006-09-13 |
69 |
0 |
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REPLY MEMORANDUM OF LAW in Support re: 53 MOTION for Discovery --Defendant Everest Reinsurance Company's Objections to July 18, 2006 Order. --Reply Memorandum of Law in Support of Defendant Everest Reinsurance Company's Objections to July 18, 2006 Order. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 09/13/2006) |
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| 2006-09-13 |
70 |
0 |
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DECLARATION of John P. McConnell in Support re: 53 MOTION for Discovery --Defendant Everest Reinsurance Company's Objections to July 18, 2006 Order.. Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit A, Part 1# 2 Exhibit A, Part 2# 3 Exhibit A, Part 3)(McConnell, John) (Entered: 09/13/2006) |
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| 2006-09-19 |
71 |
0 |
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TRANSCRIPT of proceedings held on 7/17/06 before Judge Lisa Margaret Smith. Court Reporter: Mary M. Staten. (rj, ) (Entered: 09/19/2006) |
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| 2006-09-22 |
72 |
0 |
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DECLARATION of H.Neal Conolly in Opposition re: 65 MOTION to Intervene by Clarendon on behalf of Defendants.. Document filed by Howard Mills. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9)(Misra, Seema) (Entered: 09/22/2006) |
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| 2006-09-22 |
73 |
0 |
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MEMORANDUM OF LAW in Opposition re: 65 MOTION to Intervene by Clarendon on behalf of Defendants.. Document filed by Howard Mills. (Misra, Seema) (Entered: 09/22/2006) |
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| 2006-09-22 |
74 |
0 |
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CERTIFICATE OF SERVICE. Document filed by Howard Mills. (Misra, Seema) (Entered: 09/22/2006) |
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| 2006-09-25 |
75 |
0 |
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CERTIFICATE OF SERVICE. Document filed by Howard Mills. (Misra, Seema) (Entered: 09/25/2006) |
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| 2006-09-27 |
76 |
0 |
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ENDORSED LETTER addressed to Judge Colleen McMahon from Brian L. Greben dated 9/26/2006 re: Request a one day extension of time to serve reply papers. Endorsement: Granted. So Ordered (Signed by Judge Colleen McMahon on 9/26/2006) (cg, ) (Entered: 09/28/2006) |
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| 2006-09-29 |
77 |
0 |
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation. All such motions. Referred to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Colleen McMahon on 9/28/2006) (ll, ) (Entered: 09/29/2006) |
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| 2006-10-03 |
78 |
0 |
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REPLY MEMORANDUM OF LAW in Support re: 65 MOTION to Intervene by Clarendon on behalf of Defendants.. Document filed by Clarendon National Insurance Company. (Fox, David) (Entered: 10/03/2006) |
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| 2006-10-03 |
79 |
0 |
|
DECLARATION of David L. Fox in Support re: 65 MOTION to Intervene by Clarendon on behalf of Defendants.. Document filed by Clarendon National Insurance Company. (Attachments: # 1 Exhibit "A"# 2 Exhibit "B"# 3 Exhibit "C"# 4 Exhibit "D"# 5 Exhibit "D" continued)(Fox, David) (Entered: 10/03/2006) |
|
|
| 2006-10-24 |
80 |
0 |
|
REPORT AND RECOMMENDATIONS re: 65 MOTION to Intervene by Clarendon on behalf of Defendants. filed by Clarendon National Insurance Company, Objections to R&R due by 11/7/2006 (Signed by Judge Lisa Margaret Smith on 10/24/2006) (ll, ) (Entered: 10/25/2006) |
|
|
| 2006-11-01 |
81 |
0 |
|
ENDORSED LETTER addressed to Judge Colleen McMahon from John McConnell dated 10/31/06 re: Request for an extension of the discovery schedule. Endorsement: Extension Granted.. (Signed by Judge Colleen McMahon on 10/31/06) (fk, ) (Entered: 11/02/2006) |
|
|
| 2006-11-07 |
82 |
0 |
|
MEMORANDUM From: Judge McMahon, To: All Litigants, Re: Transfer to Foley Square Effective January 2, 2007, Judge McMahon's duty station will change from White Plains to Foley Square. Her new contact information will be: Daniel P. Moynihan Courthouse, Chambers 640, 500 Pearl Street, New York, New York 10007, (212) 805-6325 (telephone for emergencies only) (212) 805-6326 (fax). Judge McMahon will remain in the White Plains wheel through December 29, 2006. Pending the confirmation of a new judge to fill the vacancy created by the retirement of Judge Mukasey, Judge McMahon will continue to administer all White Plains cases previously assigned to her. Judge McMahon will keep her White Plains chambers and her emergency telephone and fax numbers in White Plains (914-390-4145 and 4152, respectively) as long as she is handling White Plains cases. She will be in White Plains every Friday to conduct case conferences (criminal and civil) and sentencings. She will try her White Plains cases in Courtroom 533 in the White Plains courthouse. She will not try White Plains cases in Foley Square. She will, however, conference White Plains civil cases in Foley Square for the convenience of counsel if all parties agree. Out-of-district counsel in civil cases may request telephone conferences. The White Plains magistrate judges will supervise discovery in Judge McMahon's White Plains cases. Effective January 2, communications to chambers should be faxed to BOTH chambers (White Plains and Foley Square). Courtesy copies of motion papers and briefs in White Plains cases should be delivered to White Plains unless otherwise instructed by chambers. (mj, ) (Entered: 11/07/2006) |
|
|
| 2006-11-02 |
83 |
0 |
|
REPORT AND RECOMMENDATIONS...For the foregoing reasons I conclude, and respectfully recommend that Your Honor should conclude, that the Plaintiff, as rehabilitator of Frontier Insurance Company, has standing under N.Y.Ins.Law 7425(c) to assert a fraudulent conveyance claims under N.Y.Debt.&Cred.Law 273-275. Accordingly, I conclude, and respectfully recommend that Your Honor should conclude, that the Defendants' motion to Dismiss for Plaintiff's lack of standing should be denied. Objections to R&R due by 11/16/2006 (Signed by Judge Lisa Margaret Smith on 11/2/06) (fk, ) (Entered: 11/07/2006) |
|
|
| 2006-11-10 |
84 |
0 |
|
OBJECTION to 83 , 80 Report and Recommendations from prospective intervenors Clarendon National Insurance Document filed by Clarendon National Insurance Company. (Attachments: # 1 Fox Declaration in support of objection# 2 Exhibit "A" to the Fox Declaration in support)(Fox, David) (Entered: 11/10/2006) |
|
|
| 2006-11-10 |
85 |
0 |
|
MEMORANDUM OF LAW in Support re: 84 Objection to Report and Recommendations, by prospective intervenor re: the report and recommendation of the Hon. Lisa M. Smith. Document filed by Clarendon National Insurance Company. (Fox, David) (Entered: 11/10/2006) |
|
|
| 2006-11-14 |
86 |
0 |
|
NOTICE of of discontinuance without prejudice. Document filed by Clarendon National Insurance Company. (Fox, David) (Entered: 11/14/2006) |
|
|
| 2006-11-20 |
87 |
0 |
|
OBJECTION to 83 Report and Recommendations Document filed by Benfield Inc. (Branson, Timothy) (Entered: 11/20/2006) |
|
|
| 2006-11-20 |
88 |
0 |
|
OBJECTION to 83 Report and Recommendations --Defendant Everest Reinsurance Company's Objection to the November 2, 2006 Report and Recommendation of Chief Magistrate Judge Lisa M. Smith Document filed by Everest Reinsurance Company. (Hargraves, Daniel) (Entered: 11/20/2006) |
|
|
| 2006-11-20 |
89 |
0 |
|
MEMORANDUM OF LAW in Support re: 88 Objection to Report and Recommendations, --Defendant Everest Reinsurance Company's Memorandum of Law in Support of its Objection to the November 2, 2006 Report and Recommendation of Chief Magistrate Judge Lisa M. Smith. Document filed by Everest Reinsurance Company. (Hargraves, Daniel) (Entered: 11/20/2006) |
|
|
| 2006-11-20 |
90 |
0 |
|
AFFIDAVIT of Daniel Hargraves in Support re: 88 Objection to Report and Recommendations,. Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit A)(Hargraves, Daniel) (Entered: 11/20/2006) |
|
|
| 2006-12-05 |
91 |
0 |
|
OPPOSITION BRIEF re: 83 Report and Recommendations,, Plaintiff's Opposition To Defendants' Objections To The November 2, 2006 Report And Recommendation Of Chief Magistrate Judge Lisa M.Smith. Document filed by Howard Mills.(Misra, Seema) (Entered: 12/05/2006) |
|
|
| 2006-12-12 |
92 |
0 |
|
MOTION Defer Ruling on Objections to Report & Recommendation re: 83 Report and Recommendations,,. Document filed by Benfield Inc. (Branson, Timothy) (Entered: 12/12/2006) |
|
|
| 2006-12-12 |
93 |
0 |
|
REPLY MEMORANDUM OF LAW in Support re: 92 MOTION Defer Ruling on Objections to Report & Recommendation re: 83 Report and Recommendations,,.. Document filed by Benfield Inc. (Attachments: # 1 Exhibit Slate v. Potter)(Branson, Timothy) (Entered: 12/12/2006) |
|
|
| 2006-12-12 |
94 |
0 |
|
REPLY MEMORANDUM OF LAW in Support re: 88 Objection to Report and Recommendations, --Defendant Everest Reinsurance Company's Reply Memorandum of Law in Support of Its Objection to the November 2, 2006 Report and Recommendation of the Hon. Lisa M. Smith. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 12/12/2006) |
|
|
| 2006-12-13 |
95 |
0 |
|
ORDER denying 40 Motion to Dismiss, denying 44 Motion to Dismiss (Signed by Judge Colleen McMahon on 12/13/2006) (jma, ) (Entered: 12/15/2006) |
|
|
| 2006-12-19 |
96 |
0 |
|
MOTION to Strike --Defendant Everest Reinsurance Company's Motion to Strike New Reports of Plaintiff's Testifying Experts. Document filed by Everest Reinsurance Company. (Hargraves, Daniel) (Entered: 12/19/2006) |
|
|
| 2006-12-19 |
97 |
0 |
|
AMENDED MOTION to Strike --Defendant Everest Reinsurance Company's AMENDED Motion to Strike New Reports of Plaintiff's Testifying Experts. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 12/19/2006) |
|
|
| 2006-12-19 |
98 |
0 |
|
MEMORANDUM OF LAW in Support re: 97 AMENDED MOTION to Strike --Defendant Everest Reinsurance Company's AMENDED Motion to Strike New Reports of Plaintiff's Testifying Experts. --Defendant Everest Reinsurance Company's Memorandum of Law in Support of Its Motion to Strike New Reports of Plaintiff's Testifying Experts. Document filed by Everest Reinsurance Company. (Hargraves, Daniel) (Entered: 12/19/2006) |
|
|
| 2006-12-19 |
99 |
0 |
|
DECLARATION of Daniel Hargraves, Esq. in Support re: 97 AMENDED MOTION to Strike --Defendant Everest Reinsurance Company's AMENDED Motion to Strike New Reports of Plaintiff's Testifying Experts.. Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D, Part 1# 5 Exhibit D, Part 2# 6 Exhibit E, Part 1# 7 Exhibit E, Part 2# 8 Exhibit E, Part 3# 9 Exhibit F# 10 Exhibit G# 11 Exhibit H, Part 1# 12 Exhibit H, Part 2# 13 Exhibit H, Part 3# 14 Exhibit I, Part 1# 15 Exhibit I, Part 2# 16 Exhibit J# 17 Exhibit K# 18 Exhibit L# 19 Exhibit M# 20 Exhibit N)(Hargraves, Daniel) (Entered: 12/19/2006) |
|
|
| 2006-12-22 |
100 |
0 |
|
MEMORANDUM OF LAW in Opposition re: 96 MOTION to Strike --Defendant Everest Reinsurance Company's Motion to Strike New Reports of Plaintiff's Testifying Experts.. Document filed by Howard Mills. (Misra, Seema) (Entered: 12/22/2006) |
|
|
| 2006-12-22 |
101 |
0 |
|
DECLARATION of Seema A. Misra in Opposition re: 96 MOTION to Strike --Defendant Everest Reinsurance Company's Motion to Strike New Reports of Plaintiff's Testifying Experts.. Document filed by Howard Mills. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Misra, Seema) (Entered: 12/22/2006) |
|
|
| 2006-12-22 |
102 |
0 |
|
MOTION to Reopen Deposition of Expert Witness. Document filed by Howard Mills. (Misra, Seema) (Entered: 12/22/2006) |
|
|
| 2006-12-22 |
103 |
0 |
|
DECLARATION of Seema A. Misra in Support re: 102 MOTION to Reopen Deposition of Expert Witness.. Document filed by Howard Mills. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Misra, Seema) (Entered: 12/22/2006) |
|
|
| 2006-12-22 |
104 |
0 |
|
MEMORANDUM OF LAW in Support re: 102 MOTION to Reopen Deposition of Expert Witness.. Document filed by Howard Mills. (Misra, Seema) (Entered: 12/22/2006) |
|
|
| 2006-12-22 |
105 |
0 |
|
ORDER: Everest's motion is denied. The expert depositions shall go forward promptly. Everest may file rebuttal expert reports no later than Jan. 15 on the issue raised. Plaintiff's assertion of priviledge regarding contested Ryan documents is overruled. Plaintiff's application for costs for the Wellington deposition is denied. Everest's application for second day to depose Ryan denied. SO ORDERED: (Signed by Judge Lisa Margaret Smith on 12/22/06) Clerk's Office Mailed Copies..(dcr, ) Additional attachment(s) added on 12/26/2006 (dcr, ). Additional attachment(s) added on 12/26/2006 (dcr, ). (Entered: 12/26/2006) |
|
|
| 2007-01-25 |
106 |
0 |
|
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.......The terms and provisions of this Order are subject to modification, extension, or limitation as maybe hereinafter agreed to by the parties hereto in writing or by order of a Court. Any party hereto may seek modification of this Order. The parties are not obligated to challenge the propriety of the claim of confidentiality as to any Confidential Documents, and delay or failure to do so shall not preclude a subsequent challege. This Order is subject to Standing Order M-10-468.... (Signed by Judge Lisa Margaret Smith on 01/25/2007) (jma) (Entered: 01/26/2007) |
|
|
| 2007-01-29 |
107 |
0 |
|
MOTION for Protective Order --Notice of Motion for a Protective Order Striking Plaintiff's January 22, 2007 Notice of Deposition of Joseph V. Taranto. Document filed by Everest Reinsurance Company.Motions referred to Lisa Margaret Smith.(McConnell, John) (Entered: 01/29/2007) |
|
|
| 2007-01-29 |
108 |
0 |
|
MEMORANDUM OF LAW in Support re: 107 MOTION for Protective Order --Notice of Motion for a Protective Order Striking Plaintiff's January 22, 2007 Notice of Deposition of Joseph V. Taranto. --Defendant Everest Reinsurance Company's Memorandum of Law in Support of Its Motion for a Protective Order Striking Plaintiff's January 22, 2007 Notice of Deposition of Joseph V. Taranto. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 01/29/2007) |
|
|
| 2007-01-29 |
109 |
0 |
|
DECLARATION of John P. McConnell, Esq. in Support re: 107 MOTION for Protective Order --Notice of Motion for a Protective Order Striking Plaintiff's January 22, 2007 Notice of Deposition of Joseph V. Taranto.. Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D, Part 1# 5 Exhibit D, Part 2# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I)(McConnell, John) (Entered: 01/29/2007) |
|
|
| 2007-02-05 |
110 |
0 |
|
DECLARATION of Seema A.Misra in Opposition re: 107 MOTION for Protective Order --Notice of Motion for a Protective Order Striking Plaintiff's January 22, 2007 Notice of Deposition of Joseph V. Taranto.. Document filed by Howard Mills. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 2 (Part 2)# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15# 17 Exhibit 16# 18 Exhibit 17)(Misra, Seema) (Entered: 02/05/2007) |
|
|
| 2007-02-05 |
111 |
0 |
|
MEMORANDUM OF LAW in Opposition re: 107 MOTION for Protective Order --Notice of Motion for a Protective Order Striking Plaintiff's January 22, 2007 Notice of Deposition of Joseph V. Taranto.. Document filed by Howard Mills. (Misra, Seema) (Entered: 02/05/2007) |
|
|
| 2007-02-05 |
112 |
0 |
|
CERTIFICATE OF SERVICE. Document filed by Howard Mills. (Misra, Seema) (Entered: 02/05/2007) |
|
|
| 2007-02-06 |
113 |
0 |
|
MOTION to Strike --Notice of Motion to Strike the January 26, 2007 Supplement to Rule 26 Initial Disclosures of the Plaintiff. Document filed by Everest Reinsurance Company.Motions referred to Lisa Margaret Smith.(McConnell, John) (Entered: 02/06/2007) |
|
|
| 2007-02-06 |
114 |
0 |
|
MEMORANDUM OF LAW in Support re: 113 MOTION to Strike --Notice of Motion to Strike the January 26, 2007 Supplement to Rule 26 Initial Disclosures of the Plaintiff. --Defendant Everest Reinsurance Company's Memorandum of Law in Support of its Motion to Strike the January 26, 2007 Supplement to Rule 26 Initial Disclosures of the Plaintiff. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 02/06/2007) |
|
|
| 2007-02-06 |
115 |
0 |
|
DECLARATION of John P. McConnell in Support re: 113 MOTION to Strike --Notice of Motion to Strike the January 26, 2007 Supplement to Rule 26 Initial Disclosures of the Plaintiff.. Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(McConnell, John) (Entered: 02/06/2007) |
|
|
| 2007-02-09 |
116 |
0 |
|
DECLARATION of Seema A. Misra in Opposition re: 113 MOTION to Strike --Notice of Motion to Strike the January 26, 2007 Supplement to Rule 26 Initial Disclosures of the Plaintiff.. Document filed by Howard Mills. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4(A)# 5 Exhibit 4(B)# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14)(Misra, Seema) (Entered: 02/09/2007) |
|
|
| 2007-02-09 |
117 |
0 |
|
MEMORANDUM OF LAW in Opposition re: 113 MOTION to Strike --Notice of Motion to Strike the January 26, 2007 Supplement to Rule 26 Initial Disclosures of the Plaintiff.. Document filed by Howard Mills. (Misra, Seema) (Entered: 02/09/2007) |
|
|
| 2007-02-13 |
118 |
0 |
|
REPLY MEMORANDUM OF LAW in Support re: 107 MOTION for Protective Order --Notice of Motion for a Protective Order Striking Plaintiff's January 22, 2007 Notice of Deposition of Joseph V. Taranto. --Defendant Everest Reinsurance Company's Reply Memorandum of Law In Support of Its Motion for a Protective Order. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 02/13/2007) |
|
|
| 2007-02-13 |
119 |
0 |
|
DECLARATION of John P. McConnell, Esq. in Support re: 107 MOTION for Protective Order --Notice of Motion for a Protective Order Striking Plaintiff's January 22, 2007 Notice of Deposition of Joseph V. Taranto.. Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C, Part 1# 4 Exhibit C, Part 2# 5 Exhibit C, Part 3# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F)(McConnell, John) (Entered: 02/13/2007) |
|
|
| 2007-02-14 |
120 |
0 |
|
REPLY MEMORANDUM OF LAW in Support re: 113 MOTION to Strike --Notice of Motion to Strike the January 26, 2007 Supplement to Rule 26 Initial Disclosures of the Plaintiff. --Defendant Everest Reinsurance Company's Reply Memorandum of Law in Support of Motion to Strike Plaintiff's Supplement to Rule 26 Disclosures. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 02/14/2007) |
|
|
| 2007-02-16 |
121 |
0 |
|
PROPOSED ORDER....ORDERED, that Lauren G. Rasmus is hereby granted leave to withdraw as counsel for Defendants... (Signed by Judge Colleen McMahon on 02/15/2007) (jma) (Entered: 02/21/2007) |
|
|
| 2007-03-19 |
122 |
0 |
|
SCHEDULING ORDER:THE MATTER HAS BEEN SCHEDULED FOR A CONFERENCE BEFORE HON. L.M. SMITH, CHIEF MAG. JUDGE ON MARCH 20, 2007 AT 12:00 NOON IN COURTROOM 420. THE PLAINTIFF SHALL NOTIFY NON-PARTY (AGOSTA) TO APPEAR AS INDICATED ABOVE. NOTIFY ALL OTHER PARTIES OF THIS SCHEDULE IMMEDIATELY. THIS MATTER MAY NOT BE RESCHEDULED.Pretrial Order due by 3/20/2007. (Signed by Judge Lisa Margaret Smith on 03/19/2007) (ll) (Entered: 03/19/2007) |
|
|
| 2007-03-15 |
123 |
0 |
|
SCHEDULING ORDER:Telephone Pretrial Conference set for 3/23/2007 09:45 AM before Magistrate Judge Lisa Margaret Smith. Plaintiff's counsel will be responsible for placing the conference call. Please have all parties on the line when calling chambers. Please notify your adversary of this schedule immediately. Any party seeking a reschedule shall call chambers with all other parties on the line. (Signed by Judge Lisa Margaret Smith on MARCH 15, 2007) (ll) (Entered: 03/19/2007) |
|
|
| 2007-03-20 |
124 |
0 |
|
ORDER.. It is so ordered that the deposition of Mr. Agosta will take place at counsel for defendant Everest's office on April 12, 2007 at 10:00am. Any summary judgment motion to be served and filed by April 30, 2007. Opposition by 5/21, reply (if any by 5/28. Pre-trial order is due June 11, 2007. (Signed by Judge Lisa Margaret Smith on 03/20/2007) (jma) (Entered: 03/21/2007) |
|
|
| 2007-04-26 |
125 |
0 |
|
ENDORSED LETTER addressed to Judge Colleen McMahon from John P. McConnell dated 4/25/2007 re: Everest..requests permission to serve a memorandum of 45 pages or less in order to properly address those grounds...ENDORSED: Granted. (Signed by Judge Colleen McMahon on 4/25/2007) "The Clerk's Office Has Mailed Copies".(mde) (Entered: 04/26/2007) |
|
|
| 2007-04-30 |
126 |
0 |
|
MOTION for Summary Judgment. Document filed by Benfield Inc.(Keane, Bryan) (Entered: 04/30/2007) |
|
|
| 2007-04-30 |
127 |
0 |
|
MEMORANDUM OF LAW in Support re: 126 MOTION for Summary Judgment.. Document filed by Benfield Inc. (Keane, Bryan) (Entered: 04/30/2007) |
|
|
| 2007-04-30 |
128 |
0 |
|
RULE 56.1 STATEMENT. Document filed by Benfield Inc. (Keane, Bryan) (Entered: 04/30/2007) |
|
|
| 2007-04-30 |
129 |
0 |
|
DECLARATION of Bryan C. Keane in Support re: 126 MOTION for Summary Judgment.. Document filed by Benfield Inc. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21)(Keane, Bryan) (Entered: 04/30/2007) |
|
|
| 2007-04-30 |
130 |
0 |
|
CERTIFICATE OF SERVICE on 4-30-2007. Service was made by Mail. Document filed by Benfield Inc. (Keane, Bryan) (Entered: 04/30/2007) |
|
|
| 2007-04-30 |
131 |
0 |
|
MOTION for Summary Judgment --Notice of Motion. Document filed by Everest Reinsurance Company.(McConnell, John) (Entered: 04/30/2007) |
|
|
| 2007-04-30 |
132 |
0 |
|
MEMORANDUM OF LAW in Support re: 131 MOTION for Summary Judgment --Notice of Motion. --Memorandum of Law In Support of Defendant Everest Reinsurance Company's Motion For Summary Judgment. Document filed by Everest Reinsurance Company. (Attachments: # 1 Supplement - Part 2 of Memorandum of Law)(McConnell, John) (Entered: 04/30/2007) |
|
|
| 2007-04-30 |
133 |
0 |
|
RULE 56.1 STATEMENT. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 04/30/2007) |
|
|
| 2007-04-30 |
134 |
0 |
|
DECLARATION of John P. McConnell, Esq. in Support re: 131 MOTION for Summary Judgment --Notice of Motion.. Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3, Part 1# 4 Exhibit 3, Part 2# 5 Exhibit 3, Part 3# 6 Exhibit 3, Part 4# 7 Exhibit 4# 8 Exhibit 5# 9 Exhibit 6# 10 Exhibit 7, Part 1# 11 Exhibit 7, Part 2# 12 Exhibit 7, Part 3# 13 Exhibit 7, Part 4# 14 Exhibit 8# 15 Exhibit 9# 16 Exhibit 10# 17 Exhibit 11# 18 Exhibit 12# 19 Exhibit 13# 20 Exhibit 14# 21 Exhibit 15# 22 Exhibit 16# 23 Exhibit 17# 24 Exhibit 18# 25 Exhibit 19, Part 1# 26 Exhibit 19, Part 2# 27 Exhibit 20# 28 Exhibit 21# 29 Exhibit 22, Part 1# 30 Exhibit 22, Part 2# 31 Exhibit 22, Part 3# 32 Exhibit 23, Part 1# 33 Exhibit 23, Part 2# 34 Exhibit 23, Part 3# 35 Exhibit 23, Part 4# 36 Exhibit 24# 37 Exhibit 25# 38 Exhibit 26# 39 Exhibit 27# 40 Exhibit 28# 41 Exhibit 29# 42 Exhibit 30# 43 Exhibit 31# 44 Exhibit 32# 45 Exhibit 33# 46 Exhibit 34# 47 Exhibit 35# 48 Exhibit 36# 49 Exhibit 37)(McConnell, John) (Entered: 04/30/2007) |
|
|
| 2007-05-10 |
135 |
0 |
|
ENDORSED LETTER addressed to Hon. Colleen McMahon from Seema A. Misra dated 05/07/2007 re:....request an extension of the page limit for memoranda.....ENDORSED, OK. (Signed by Judge Colleen McMahon on 05/10/2007) (jma) (Entered: 05/14/2007) |
|
|
| 2007-05-15 |
136 |
0 |
|
RULE 56.1 STATEMENT. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 05/15/2007) |
|
|
| 2007-05-15 |
137 |
0 |
|
DECLARATION of John P. McConnell, Esq. - AMENDED in Support re: 131 MOTION for Summary Judgment --Notice of Motion.. Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit 1-37# 2 Exhibit 38)(McConnell, John) (Entered: 05/15/2007) |
|
|
| 2007-05-21 |
138 |
0 |
|
DECLARATION of Seema Misra in Opposition re: 131 MOTION for Summary Judgment --Notice of Motion., 126 MOTION for Summary Judgment.. Document filed by Howard Mills. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12A# 13 Exhibit 12B# 14 Exhibit 12C# 15 Exhibit 12D# 16 Exhibit 13# 17 Exhibit 14A# 18 Exhibit 14B# 19 Exhibit 14C# 20 Exhibit 14D# 21 Exhibit 14E# 22 Exhibit 14F# 23 Exhibit 14G# 24 Exhibit 14H# 25 Exhibit 15A# 26 Exhibit 15B# 27 Exhibit 15C# 28 Exhibit 15D# 29 Exhibit 16# 30 Exhibit 17# 31 Exhibit 18# 32 Exhibit 19# 33 Exhibit 20# 34 Exhibit 21# 35 Exhibit 22# 36 Exhibit 23A# 37 Exhibit 23B# 38 Exhibit 24# 39 Exhibit 25# 40 Exhibit 26# 41 Exhibit 27# 42 Exhibit 28# 43 Exhibit 29# 44 Exhibit 30# 45 Exhibit 31# 46 Exhibit 32# 47 Exhibit 33# 48 Exhibit 34# 49 Exhibit 35# 50 Exhibit 36# 51 Exhibit 37# 52 Exhibit 38# 53 Exhibit 39# 54 Exhibit 40# 55 Exhibit 41# 56 Exhibit 42# 57 Exhibit 43# 58 Exhibit 44# 59 Exhibit 45# 60 Exhibit 46# 61 Exhibit 47# 62 Exhibit 48A# 63 Exhibit 48B# 64 Exhibit 48C# 65 Exhibit 49# 66 Exhibit 50# 67 Exhibit 51# 68 Exhibit 52A# 69 Exhibit 52B# 70 Exhibit 53A# 71 Exhibit 53B# 72 Exhibit 53C# 73 Exhibit 53D# 74 Exhibit 54# 75 Exhibit 55# 76 Exhibit 56# 77 Exhibit 57# 78 Exhibit 58# 79 Exhibit 59# 80 Exhibit 60# 81 Exhibit 61# 82 Exhibit 62# 83 Exhibit 63# 84 Exhibit 64# 85 Exhibit 65# 86 Exhibit 66# 87 Exhibit 67# 88 Exhibit 68# 89 Exhibit 69# 90 Exhibit 70# 91 Exhibit 71# 92 Exhibit 72# 93 Exhibit 73# 94 Exhibit 74# 95 Exhibit 75# 96 Exhibit 76# 97 Exhibit 77# 98 Exhibit 78# 99 Exhibit 79# 100 Exhibit 80# 101 Exhibit 81# 102 Exhibit 82# 103 Exhibit 83# 104 Exhibit 84# 105 Exhibit 85# 106 Exhibit 86# 107 Exhibit 87# 108 Exhibit 88# 109 Exhibit 89# 110 Exhibit 90# 111 Exhibit 91# 112 Exhibit 92# 113 Exhibit 93# 114 Exhibit 94# 115 Exhibit 95# 116 Exhibit 96# 117 Exhibit 97# 118 Exhibit 98# 119 Exhibit 99# 120 Exhibit 100# 121 Exhibit 101# 122 Exhibit 102# 123 Exhibit 103# 124 Exhibit 104# 125 Exhibit 105# 126 Exhibit 106# 127 Exhibit 107)(Misra, Seema) (Entered: 05/21/2007) |
|
|
| 2007-05-21 |
139 |
0 |
|
MEMORANDUM OF LAW in Opposition re: 126 MOTION for Summary Judgment.. Document filed by Howard Mills. (Misra, Seema) (Entered: 05/21/2007) |
|
|
| 2007-05-21 |
140 |
0 |
|
COUNTER STATEMENT TO 128 Rule 56.1 Statement. Document filed by Howard Mills. (Misra, Seema) (Entered: 05/21/2007) |
|
|
| 2007-05-21 |
141 |
0 |
|
MEMORANDUM OF LAW in Opposition re: 131 MOTION for Summary Judgment --Notice of Motion.. Document filed by Howard Mills. (Misra, Seema) (Entered: 05/21/2007) |
|
|
| 2007-05-21 |
142 |
0 |
|
COUNTER STATEMENT TO 133 Rule 56.1 Statement. Document filed by Howard Mills. (Misra, Seema) (Entered: 05/21/2007) |
|
|
| 2007-05-21 |
143 |
0 |
|
CERTIFICATE OF SERVICE. Document filed by Howard Mills. (Misra, Seema) (Entered: 05/21/2007) |
|
|
| 2007-05-30 |
145 |
0 |
|
REPLY MEMORANDUM OF LAW in Support re: 126 MOTION for Summary Judgment.. Document filed by Benfield Inc. (Keane, Bryan) (Entered: 05/30/2007) |
|
|
| 2007-05-30 |
146 |
0 |
|
DECLARATION of Bryan C. Keane in Support re: 126 MOTION for Summary Judgment.. Document filed by Benfield Inc. (Attachments: # 1 Exhibit 22# 2 Exhibit 23# 3 Exhibit 24)(Keane, Bryan) (Entered: 05/30/2007) |
|
|
| 2007-05-30 |
147 |
0 |
|
AFFIDAVIT OF SERVICE of Reply Memorandum In Support of Benfield Inc.'s Motion for Summary Judgment and Declaration of Bryan C. Keane on 5/30/2007. Service was made by ECF. Document filed by Benfield Inc. (Keane, Bryan) (Entered: 05/30/2007) |
|
|
| 2007-05-30 |
148 |
0 |
|
REPLY MEMORANDUM OF LAW in Support re: 131 MOTION for Summary Judgment --Notice of Motion. --Reply Memorandum of Law In Support of Defendant Everest Reinsurance Company's Motion For Summary Judgment. Document filed by Everest Reinsurance Company. (McConnell, John) (Entered: 05/30/2007) |
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| 2007-05-30 |
149 |
0 |
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DECLARATION of John P. McConnell, Esq. in Support re: 131 MOTION for Summary Judgment --Notice of Motion.. Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2, Part 1# 3 Exhibit 2, Part 2# 4 Exhibit 3)(McConnell, John) (Entered: 05/30/2007) |
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| 2007-05-30 |
150 |
0 |
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ENDORSED LETTER addressed to Lisa M. Smith from John P. McConnell dated 5/24/2007 re: Everest and Benfield request that the Court extend the deadline for service and filing of defendants' replies in support of their motions for summary judgment to Wednesday, 5/30/2007...ENDORSED: Fine. (Signed by Judge Colleen McMahon on 5/30/2007) "The Clerk's Office Has Mailed Copies".(mde) (Entered: 05/31/2007) |
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| 2007-06-11 |
151 |
0 |
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PRETRIAL STATEMENT OF ELEMENTS. Document filed by Benfield Inc. (Attachments: # 1 Affidavit of Service)(Keane, Bryan) (Entered: 06/11/2007) |
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| 2007-06-11 |
152 |
0 |
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PRETRIAL STATEMENT of Elements of Claim. Document filed by Everest Reinsurance Company.(McConnell, John) (Entered: 06/11/2007) |
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| 2007-06-11 |
153 |
0 |
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PRETRIAL MEMORANDUM. Document filed by Howard Mills.(Misra, Seema) (Entered: 06/11/2007) |
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| 2007-06-11 |
154 |
0 |
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REDACTION PLAINTIFF'S STATEMENT OF ELEMENTS OF CLAIMS AND SUPPORTING FACTS by Howard Mills(Misra, Seema) (Entered: 06/11/2007) |
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| 2007-06-12 |
155 |
0 |
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PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Howard Mills. (Attachments: # 1 Text of Proposed Order Part 2# 2 Text of Proposed Order Part 3# 3 Text of Proposed Order Part 4# 4 Text of Proposed Order Part 5)(Misra, Seema) (Entered: 06/12/2007) |
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| 2007-08-03 |
157 |
0 |
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MEMORANDUM From: Judge McMahon, To: All Litigants: Effective August 3, 2007, Judge McMahon will no longer be responsible for any cases, civil or criminal in White Plains. Her entire pending docket, civil and criminal, will be transferred to The Hon. Kenneth M. Karas. From August 4, 2007 until September 3, 2007, Judge Karas will be transitioning into White Plains; in case of emergencies, he can be reached at 500 Pearl Street, Chambers 920, New York, New York 10007, telephone number (212) 805-0274. Routine applications for matters like adjournments should be addressed to the assigned Magistrate Judge, to the Magistrate Judge on duty in White Plains (if your assigned Magistrate Judge is on vacation), or to the Judge sitting in Part I in Foley Square. Beginning September 4, 2007 Judge Karas will be in Chambers 533, his telephone number will be (914) 390-4145. After August 3, DO NOT send any correspondence or inquiry relating to a White Plains case to Judge McMahon. (mj) (Entered: 08/07/2007) |
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| 2007-08-06 |
158 |
0 |
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NOTICE OF CASE REASSINGMENT to Judge Kenneth M. Karas. Judge Colleen McMahon is no longer assigned to the case. (fk) (Entered: 08/08/2007) |
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| 2007-10-03 |
159 |
0 |
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ENDORSED LETTER addressed to Judge Kenneth M. Karas from Timothy E. Branson dated 9/25/2007 re: Request that the court reasign this White Plains Case back to Judge McMahon.... ENDORSEMENT: This Court will keep this case as it has assumed Judge McMahon's White Plains docket. So Ordered.. (Signed by Judge Kenneth M. Karas on 10/2/2007) (cg) (Entered: 10/03/2007) |
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| 2008-12-01 |
160 |
0 |
|
ORDER:, ( Oral Argument set for 1/7/2009 at 11:00 AM before Judge Kenneth M. Karas.)Please take notice that the above captioned action has been scheduled for oral argument on all pending motions before the Honorable Kenneth M. Karas, United States District Judge, on Wednesday, January 7,2009 at 11:00am in Courtroom 521, U. S. District Court, 300 Quarropas Street, White Plains, New York 10601. Any scheduling difficulties must be brought to the attention of the Court in writing, at least three business days beforehand. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/1/2008) (rj) (Entered: 12/02/2008) |
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| 2008-12-24 |
161 |
0 |
|
NOTICE OF CASE REASSIGNMENT to Judge Warren W. Eginton. Judge Kenneth M. Karas is no longer assigned to the case. (fk) (Entered: 12/29/2008) |
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| 2008-12-30 |
162 |
0 |
|
NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Warren W. Eginton is no longer assigned to the case. (fk) (Entered: 12/30/2008) |
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| 2008-12-30 |
163 |
0 |
|
CALENDAR NOTICE: Oral Argument set for 1/13/2009 at 01:00 PM before Judge Warren W. Eginton. Please take notice that the above captioned matter has been scheduled for Oral Argument before the Honorable Warren W. Eginton, United States District Judge, on Tuesday, January 13,2009 at 1:00pm, at the United States District Courthouse, 300 Quarropas Street, White Plains, New York 10601...(rj) Modified on 1/5/2009 (dcr). (Entered: 12/31/2008) |
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| 2009-01-30 |
164 |
0 |
|
DECLARATION of Seema A. Misra in Opposition re: 126 MOTION for Summary Judgment., 131 MOTION for Summary Judgment --Notice of Motion.. Document filed by Howard Mills. (Misra, Seema) (Entered: 01/30/2009) |
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| 2009-01-30 |
165 |
0 |
|
REPLY MEMORANDUM OF LAW in Opposition re: 126 MOTION for Summary Judgment., 131 MOTION for Summary Judgment --Notice of Motion.. Document filed by Howard Mills. (Misra, Seema) (Entered: 01/30/2009) |
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| 2009-02-03 |
166 |
0 |
|
SEALED DOCUMENT placed in vault.(gco) (Entered: 02/03/2009) |
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| 2009-02-06 |
167 |
0 |
|
ENDORSED LETTER addressed to Judge Eginton from Daniel Hargraves dated 02/05/2009 re: Permission to serve a short response, no more than ten pages in length, to Plaintiff's submission on or before Friday, Februrary 13, 2009. ENDORSED: Motion Granted..(Signed by Judge Warren W. Eginton on 02/05/2009) (dcr) (Entered: 02/09/2009) |
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| 2009-02-11 |
168 |
0 |
|
ENDORSED LETTER addressed to Judge Eginton from Tim Branson dated 02/06/2009 re: Defendant Benfield, Inc. joins co-defendant Everest's request, seeking permission to submit a short supplemental memorandum responding to Plaintiff's January 30, 2009, twenty-seven page sur-reply. As with Everest, we request permission to submit a response, no longer than 10 pages, on or before Februrary 13. ENDORSED: Motion Granted..(Signed by Judge Warren W. Eginton on 02/06/2009) (dcr) (Entered: 02/11/2009) |
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| 2009-02-13 |
169 |
0 |
|
RESPONSE in Support re: 126 MOTION for Summary Judgment. Memorandum in Response to Plaintiff's Sur-Reply in Opposition to Benfield Inc.'s Motion for Summary Judgment. Document filed by Benfield Inc. (Attachments: # 1 Certificate of Service)(Keane, Bryan) (Entered: 02/13/2009) |
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|
| 2009-02-17 |
170 |
0 |
|
RESPONSE in Support re: 131 MOTION for Summary Judgment --Notice of Motion. Memorandum in Response to Plaintiff's Sur-Reply in Opposition to Everest Reinsurance Company's Motion for Summary Judgment. Document filed by Everest Reinsurance Company. (Hargraves, Daniel) (Entered: 02/17/2009) |
|
|
| 2009-02-17 |
171 |
0 |
|
DECLARATION of John P. McConnell in Support re: 131 MOTION for Summary Judgment --Notice of Motion.. Document filed by Everest Reinsurance Company. (Hargraves, Daniel) (Entered: 02/17/2009) |
|
|
| 2009-02-24 |
172 |
0 |
|
TRANSCRIPT of proceedings held on January 13, 2009 before Judge Warren W. Eginton. Court Reporter: Albi Gorn. (ll) (Entered: 02/26/2009) |
|
|
| 2009-03-06 |
173 |
0 |
|
MEMORANDUM OF DECISION ON MOTIONS FOR SUMMARY JUDGMENT re: 126 MOTION for Summary Judgment. filed by Benfield Inc, 131 MOTION for Summary Judgment --Notice of Motion. filed by Everest Reinsurance Company...Conclusion: The Court denies defendant Benfield's Motion for Summary Judgment (Doc #126) and Grants defendant Everest's Motion for Summary Judgment (Doc#131)... (Signed by Judge Warren W. Eginton on 03/06/2009) (dcr) (Entered: 03/06/2009) |
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|
| 2009-03-20 |
174 |
0 |
|
MOTION for Reconsideration of March 6, 2009 Order and Reargument on Benfield's Motion for Summary Judgment. Document filed by Benfield Inc.(Keane, Bryan) (Entered: 03/20/2009) |
|
|
| 2009-03-20 |
175 |
0 |
|
MOTION for Reconsideration re; 174 MOTION for Reconsideration of March 6, 2009 Order and Reargument on Benfield's Motion for Summary Judgment.. Document filed by Benfield Inc. (Attachments: # 1 Affidavit of Service)(Keane, Bryan) (Entered: 03/20/2009) |
|
|
| 2009-03-20 |
176 |
0 |
|
MOTION for Reconsideration re; 173 Order,. Document filed by Howard Mills.(Misra, Seema) (Entered: 03/20/2009) |
|
|
| 2009-03-20 |
177 |
0 |
|
MEMORANDUM OF LAW in Support re: 176 MOTION for Reconsideration re; 173 Order,.. Document filed by Howard Mills. (Misra, Seema) (Entered: 03/20/2009) |
|
|
| 2009-03-20 |
178 |
0 |
|
CERTIFICATE OF SERVICE. Document filed by Howard Mills. (Misra, Seema) (Entered: 03/20/2009) |
|
|
| 2009-04-03 |
179 |
0 |
|
MEMORANDUM OF LAW in Opposition re: 176 MOTION for Reconsideration re; 173 Order,.. Document filed by Everest Reinsurance Company. (Hargraves, Daniel) (Entered: 04/03/2009) |
|
|
| 2009-04-06 |
180 |
0 |
|
MEMORANDUM OF LAW in Opposition re: 175 MOTION for Reconsideration re; 174 MOTION for Reconsideration of March 6, 2009 Order and Reargument on Benfield's Motion for Summary Judgment... Document filed by Howard Mills. (Attachments: # 1 Part 2)(Misra, Seema) (Entered: 04/06/2009) |
|
|
| 2009-04-13 |
181 |
0 |
|
REPLY MEMORANDUM OF LAW in Support re: 176 MOTION for Reconsideration re; 173 Order,.. Document filed by Howard Mills. (Misra, Seema) (Entered: 04/13/2009) |
|
|
| 2009-04-15 |
182 |
0 |
|
CERTIFICATE OF SERVICE. Document filed by Howard Mills. (Misra, Seema) (Entered: 04/15/2009) |
|
|
| 2009-04-15 |
183 |
0 |
|
REPLY MEMORANDUM OF LAW in Support re: 175 MOTION for Reconsideration re; 174 MOTION for Reconsideration of March 6, 2009 Order and Reargument on Benfield's Motion for Summary Judgment.., 174 MOTION for Reconsideration of March 6, 2009 Order and Reargument on Benfield's Motion for Summary Judgment.. Document filed by Benfield Inc. (Attachments: # 1 Affidavit Affidavit of Service)(Keane, Bryan) (Entered: 04/15/2009) |
|
|
| 2009-06-10 |
184 |
0 |
|
MEMORANDUM OF DECISION granting 175 Motion for Reconsideration ; granting 176 Motion for Reconsideration, however, upon review, the court adheres to its previous decision. (Signed by Judge Warren W. Eginton on 06/08/2009) (dcr) (Entered: 06/10/2009) |
|
|
| 2009-06-10 |
185 |
0 |
|
ORDER:...For the foregoing reasons, the Court GRANTS the motion for reconsideration [docs.#175 and 176]. However, upon review, the Court adheres to its previous decision. SO ORDERED (Signed by Judge Warren W. Eginton on 6/8/2009) (rj) (Entered: 06/10/2009) |
|
|
| 2009-06-24 |
186 |
0 |
|
MOTION for Certificate of Appealability. Document filed by Howard Mills.(Misra, Seema) (Entered: 06/24/2009) |
|
|
| 2009-06-24 |
187 |
0 |
|
DECLARATION of H. Neal Conolly in Support re: 186 MOTION for Certificate of Appealability.. Document filed by Howard Mills. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Misra, Seema) (Entered: 06/24/2009) |
|
|
| 2009-06-24 |
188 |
0 |
|
MEMORANDUM OF LAW in Support re: 186 MOTION for Certificate of Appealability.. Document filed by Howard Mills. (Misra, Seema) (Entered: 06/24/2009) |
|
|
| 2009-06-24 |
189 |
0 |
|
CERTIFICATE OF SERVICE. Document filed by Howard Mills. (Misra, Seema) (Entered: 06/24/2009) |
|
|
| 2009-06-29 |
190 |
0 |
|
NOTICE OF CASE REASSIGNMENT to Judge Warren W. Eginton. Judge Kenneth M. Karas is no longer assigned to the case. (fk) (Entered: 06/29/2009) |
|
|
| 2009-07-16 |
191 |
0 |
|
FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - MOTION for Certificate of Appealability. Document filed by Benfield Inc.(Keane, Bryan) Modified on 7/24/2009 (lb). (Entered: 07/16/2009) |
|
|
| 2009-07-16 |
192 |
0 |
|
FILING ERROR - DEFICIENT DOCKET ENTRY - (LINKED TO A DEFICIENT DOCKET ENTRY) - MEMORANDUM OF LAW in Support re: 191 MOTION for Certificate of Appealability.. Document filed by Benfield Inc. (Keane, Bryan) Modified on 7/24/2009 (lb). (Entered: 07/16/2009) |
|
|
| 2009-07-16 |
193 |
0 |
|
FILING ERROR - DEFICIENT DOCKET ENTRY - CERTIFICATE OF SERVICE of Notice of Motion; Memo in Support served on Howard Mills and Everest Reinsurance Co. on 07/16/2009. Service was made by ECF. Document filed by Benfield Inc. (Keane, Bryan) Modified on 7/24/2009 (lb). (Entered: 07/16/2009) |
|
|
| 2009-07-16 |
194 |
0 |
|
MEMORANDUM OF LAW in Opposition re: 186 MOTION for Certificate of Appealability.. Document filed by Everest Reinsurance Company. (Hargraves, Daniel) (Entered: 07/16/2009) |
|
|
| 2009-07-17 |
195 |
0 |
|
STIPULATION: Plaintiff Howard Mills, Superintendent of Insurance of the State of New York in his capacity as Rehabilitator of Frontier Insurance Company ("Plaintiff") and Everest Insurance Company ("Everest"), by their undersigned counsel, hereby stipulate that: 1. Everest's opposition to plaintiff's motion for certification of an interlocutory appeal pursuant to 28 USC 1292(b) shall be served on or before July 16, 2009. 2. Plaintiff's reply in support of the motion shall be served on or before July 28, 2009. SO ORDERED: (Signed by Judge Warren W. Eginton on 07/14/2009) (dcr) (Entered: 07/17/2009) |
|
|
| 2009-07-17 |
196 |
0 |
|
MOTION for Certificate of Appealability. Document filed by Benfield Inc.(Keane, Bryan) (Entered: 07/17/2009) |
|
|
| 2009-07-17 |
197 |
0 |
|
MEMORANDUM OF LAW in Support re: 196 MOTION for Certificate of Appealability.. Document filed by Benfield Inc. (Keane, Bryan) (Entered: 07/17/2009) |
|
|
| 2009-07-17 |
198 |
0 |
|
CERTIFICATE OF SERVICE of Notice of Motion, Memorandum in Support and Certificate of Service served on J McConnell & S Misra on July 17, 2009. Service was made by ECF. Document filed by Benfield Inc. (Keane, Bryan) (Entered: 07/17/2009) |
|
|
| 2009-07-28 |
199 |
0 |
|
REPLY MEMORANDUM OF LAW in Support re: 186 MOTION for Certificate of Appealability.. Document filed by Howard Mills. (Misra, Seema) (Entered: 07/28/2009) |
|
|
| 2009-07-28 |
200 |
0 |
|
CERTIFICATE OF SERVICE. Document filed by Howard Mills. (Misra, Seema) (Entered: 07/28/2009) |
|
|
| 2009-07-31 |
201 |
0 |
|
MEMORANDUM OF LAW in Opposition re: 196 MOTION for Certificate of Appealability.. Document filed by Everest Reinsurance Company. (Hargraves, Daniel) (Entered: 07/31/2009) |
|
|
| 2009-07-31 |
202 |
0 |
|
DECLARATION of Daniel Hargraves in Opposition re: 196 MOTION for Certificate of Appealability.. Document filed by Everest Reinsurance Company. (Attachments: # 1 Exhibit A)(Hargraves, Daniel) (Entered: 07/31/2009) |
|
|
| 2009-08-03 |
203 |
0 |
|
MEMORANDUM OF LAW in Opposition re: 196 MOTION for Certificate of Appealability. Plaintiff's Memorandum Of Law In Response To Benefield's Motion to Certify Order, For Immediate Appeal Pursuant To 28 U.S.C. 1292(B). Document filed by Howard Mills. (Misra, Seema) (Entered: 08/03/2009) |
|
|
| 2009-08-04 |
204 |
0 |
|
CERTIFICATE OF SERVICE of Plaintiff's Memorandum of Law in Response to Benfield's Motion to Certify Order, for Immediate Appeal Pursuant to 28 U.S.C. 1292(B) served on Attorneys for Defendant Benfield Inc. & Attorneys for Defendant Everest Reinsurance Co. on August 3, 2009. Document filed by Howard Mills. (Misra, Seema) (Entered: 08/04/2009) |
|
|
| 2009-08-26 |
205 |
0 |
|
REPLY MEMORANDUM OF LAW in Support re: 196 MOTION for Certificate of Appealability.. Document filed by Benfield Inc. (Keane, Bryan) (Entered: 08/26/2009) |
|
|
| 2009-08-26 |
206 |
0 |
|
CERTIFICATE OF SERVICE. Document filed by Benfield Inc. (Keane, Bryan) (Entered: 08/26/2009) |
|
|
| 2009-10-28 |
207 |
0 |
|
MEMORANDUM OF DECISION ON MOTIONS FOR CERTIFICATE OF APPEALABILITY re: 196 MOTION for Certificate of Appealability, filed by Benfield Inc, 186 MOTION for Certificate of Appealability, filed by Howard Mills. CONCLUSION: For the foregoing reasons, the Court denies both motions for certificates of appealability (Docs. #186, 196). Counsel are instructed to confer and then contact the Court regarding possible trial dates. (Signed by Judge Warren W. Eginton on 10/28/2009) (dcr) (Entered: 10/28/2009) |
|
|
| 2009-12-10 |
208 |
0 |
|
PRETRIAL ORDER: This case is scheduled to begin a bench trial on May 17,2010 at 9:00am. By May 3,2010, each party, to the extent that they have not already done so, shall exchange and file with the Court in duplicate Trial Memoranda which shall contain the following information:1) Brief summary of Case 2) List of Witnesses 3)List of Exhibits' 4) Deposition and Cross Designations SO ORDERED (Signed by Judge Warren W. Eginton on 12/8/2009) (rj) (Entered: 12/10/2009) |
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