Case details

Court: vaed
Docket #: 1:01-cv-01636
Case Name: America Online, Inc. v. St. Paul Mercury Co.
PACER case #: 8496
Date filed: 2001-10-26
Date terminated: 2002-08-20
Assigned to: District Judge Gerald Bruce Lee
Case Cause: 28:1332 Diversity-Breach of Contract
Nature of Suit: 110 Insurance
Jury Demand: Both
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
America Online, Inc.
Plaintiff
 
John F. Anderson
Troutman Sanders LLP
1660 International Dr
Suite 600
McLean, VA 22102
(703) 734-4356
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
St. Paul Mercury Insurance Company
Defendant
 
Mark Allison Miller
Baker Botts LLP
1299 Pennsylvania Ave NW
Washington, DC 20004
(202) 639-7700
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2001-10-26 1 0 COMPLAINT Filing Fee $ 150.00 Receipt # 149827; jury demand (mcke) (Entered: 10/26/2001)
2001-10-26 2 0 Financial Interest Disclosure Statement (Local Rule 7.1) by America Online, Inc. (mcke) (Entered: 10/26/2001)
2001-11-26 3 0 SUMMONS Returned Executed as to St. Paul Mercury Co. 11/20/01 Answer due on 12/10/01 for St. Paul Mercury Co. (mcke) (Entered: 11/27/2001)
2001-12-11 4 0 Consent Order that the time for St. Paul to file its answer or other responsive pleading is hereby enlarged up to and including 12/26/01. (St. Paul has not yet retained local counsel and currently is endeavoring to do so) ( signed by Judge James C. Cacheris ) Copies Mailed: yes (mcke) Modified on 12/12/2001 (Entered: 12/12/2001)
2001-12-26 5 0 ANSWER to Complaint by St. Paul Mercury Co. (Attorney Mark Allison Miller), (mcke) (Entered: 12/26/2001)
2002-01-04 6 0 ORDER, for Paul Francis Enzinna to appear pro hac vice Filing Fee Paid $ 25.00 Receipt # 151386 ( signed by Judge Gerald B. Lee ) Copies Mailed: yes [EOD Date: 1/8/02] (mcke) (Entered: 01/08/2002)
2002-01-04 7 0 ORDER, for James Elmer Rocap, III to appear pro hac vice Filing Fee Paid $ 25.00 Receipt # 151385 ( signed by Judge Gerald B. Lee ) Copies Mailed: yes [EOD Date: 1/8/02] (mcke) (Entered: 01/08/2002)
2002-01-09 8 0 Financial Interest Disclosure Statement (Local Rule 7.1) by St. Paul Mercury Co. (mcke) (Entered: 01/09/2002)
2002-01-11 9 0 ORDER setting Initial Pretrial Conference for 10:30 1/30/02 Discovery Deadline for 5/10/02 Final Pretrial Conference for 1:50 5/16/02 (see order for details) ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (mcke) (Entered: 01/16/2002)
2002-01-25 10 0 JOINT Discovery Plan by America Online, Inc., St. Paul Mercury Co. (mcke) (Entered: 01/28/2002)
2002-01-30 11 0 Rule 16(B) Scheduling Order - Pursuant to the Rule 16(B) Conference it is hereby ordered that: The Rule 26(f) report annexed to this Order, is approved and shall control discovery to the extent of its application unless modified by the Court. Each deft who has not yet appeared shall make Rule 26(a)(1) disclosures within eleven days after responding to the Complaint, and all other parties who have then appeared shall make their disclosures to such deft within that period. Any motion to amend the pleadings or to join a party shall be made as soon as possible after counsel becomes aware of the grounds for the motion. (see order for details) (signed by Magistrate Judge Barry R. Poretz) Copies Mailed: yes (stas) (Entered: 02/01/2002)
2002-02-05 12 0 MOTION by America Online, Inc. for partial Summary Judgment (mcke) (Entered: 02/05/2002)
2002-02-05 13 0 MEMORANDUM by America Online, Inc. in support of [12-1] motion by America Online, Inc. for partial Summary Judgment (large pleading) (mcke) (Entered: 02/05/2002)
2002-02-05 14 0 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 3/1/02 for [12-1] motion by America Online, Inc. for partial Summary Judgment (mcke) (Entered: 02/05/2002)
2002-02-05 15 0 MOTION by St. Paul Mercury Co. to Dismiss , or in the alternative by St. Paul Mercury Co. to Strike Count four (mcke) (Entered: 02/05/2002)
2002-02-05 16 0 BRIEF by St. Paul Mercury Co. in support of [15-1] motion to Dismiss ., [15-2] motion by St. Paul Mercury Co. to Strike Count four (mcke) (Entered: 02/05/2002)
2002-02-05 17 0 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 3/1/02 for [15-1] motion by St. Paul Mercury Co. to Dismiss, set for 10:00 3/1/02 for [15-2] motion by St. Paul Mercury Co. to Strike Count four (mcke) (Entered: 02/05/2002)
2002-02-07 18 0 ORDER, for Aimee Sue Bevan to appear pro hac vice Filing Fee Paid $ 25.00 Receipt # 152151 ( signed by Judge Claude M. Hilton ) Copies Mailed: yes [EOD Date: 2/8/02] (mcke) (Entered: 02/08/2002)
2002-02-07 19 0 ORDER, for Donna Lynne Wilson to appear pro hac vice Filing Fee Paid $ 25.00 Receipt # 152151 ( signed by Judge Claude M. Hilton ) Copies Mailed: yes [EOD Date: 2/8/02] (mcke) (Entered: 02/08/2002)
2002-02-07 20 0 ORDER, for Scott Neal Godes to appear pro hac vice Filing Fee Paid $ 25.00 Receipt # 152151 ( signed by Judge Claude M. Hilton ) Copies Mailed: yes [EOD Date: 2/8/02] (mcke) (Entered: 02/08/2002)
2002-02-07 21 0 ORDER, for John Edward Heintz to appear pro hac vice Filing Fee Paid $ 25.00 Receipt # 152151 ( signed by Judge Claude M. Hilton ) Copies Mailed: yes [EOD Date: 2/8/02] (mcke) (Entered: 02/08/2002)
2002-02-07 22 0 ORDER, for Jonathan Matthew Cohen to appear pro hac vice Filing Fee Paid $ 25.00 Receipt # 152151 ( signed by Judge Claude M. Hilton ) Copies Mailed: yes [EOD Date: 2/8/02] (mcke) (Entered: 02/08/2002)
2002-02-12 23 0 Consent Order setting briefing schedule for dispositive motions, Each party has filed dispositive motions for 3/1/02. Oppositions to the motions shall be filed and served by hand delivery on 2/19/02. Replies to the oppositions shall be filed and served by hand delivery on 2/25/02. ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (mcke) (Entered: 02/13/2002)
2002-02-12 24 0 Consent Order for Protective Order against unauthorized use or disclosure of trade secrets and confidential material ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (mcke) (Entered: 02/13/2002)
2002-02-19 25 0 MEMORANDUM of Law by America Online, Inc. in opposition to [15-1] motion by St. Paul Mercury Co. to Dismiss (clar) Modified on 02/20/2002 (Entered: 02/20/2002)
2002-02-19 26 0 MEMORANDUM of Law by America Online, Inc. in opposition to [15-2] motion by St. Paul Mercury Co. to Strike Count four (clar) (Entered: 02/20/2002)
2002-02-19 27 0 RESPONSE by St. Paul Mercury Co. in opposition to [12-1] motion by America Online, Inc. for partial Summary Judgment regarding duty to defend tog. w/Exhibits (exhibit #3 is filed UNDER SEAL) (large pleading) (clar) (Entered: 02/20/2002)
2002-02-22 28 0 Declaration of Robert J. Fowler (clar) (Entered: 02/25/2002)
2002-02-25 29 0 REPLY by St. Paul Mercury Co. to response to [15-1] motion by St. Paul Mercury Co. to Dismiss, [15-2] motion by St. Paul Mercury Co. to Strike Count four (clar) (Entered: 02/26/2002)
2002-02-25 30 0 MEMORANDUM of Law by America Online, Inc. in support of [12-1] motion by America Online, Inc. for partial Summary Judgment (large pleading) (clar) (Entered: 02/26/2002)
2002-02-27 31 0 Declaration of Amber A. Train in Re: [12-1] motion by America Online, Inc. for partial Summary Judgment (clar) (Entered: 02/27/2002)
2002-03-01 32 0 SUPPLEMENTAL Declaration of Mark A. Miller by St. Paul Mercury Co. (FILED UNDER SEAL) (mcke) (Entered: 03/01/2002)
2002-03-08 33 0 MOTION by St. Paul Mercury Co. for leave to take additional depositions (told to notice) (mcke) (Entered: 03/11/2002)
2002-03-08 34 0 MEMORANDUM by St. Paul Mercury Co. in support of [33-1] motion by St. Paul Mercury Co. for leave to take additional depositions (mcke) (Entered: 03/11/2002)
2002-03-08 35 0 MOTION by America Online, Inc. to Compel Discovery (clar) (Entered: 03/11/2002)
2002-03-08 36 0 MEMORANDUM of Law by America Online, Inc. in support of [35-1] motion by America Online, Inc. to Compel Discovery (large pleading) (clar) (Entered: 03/11/2002)
2002-03-08 37 0 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 3/15/02 for [35-1] motion by America Online, Inc. to Compel Discovery (clar) (Entered: 03/11/2002)
2002-03-11 38 0 UNOPPOSED MOTION by St. Paul Mercury Co. for Leave to File notice of motion out of time (mcke) (Entered: 03/11/2002)
2002-03-11 39 0 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 3/15/02 for [33-1] motion by St. Paul Mercury Co. for leave to take additional depositions (clar) (Entered: 03/11/2002)
2002-03-12 40 0 Notice of filing exhibit #9 filed by plaintiff America Online, Inc. to [36-1] memorandum in support of its motion to compel by America Online, Inc. (clar) (Entered: 03/13/2002)
2002-03-04 41 0 ORDER for reasons stated in open court on 3/1/02, [15.1] motion by St. Paul Mercury Co to dismiss is granted and pltf is granted leave to amend the Comlaint by 3/15/02. Deft is directed to respond to the amended complaint w/ 14 days of service. ( signed by Judge Gerald B. Lee ) Copies Faxed: y [EOD Date: 3/13/02] (jsol) Modified on 03/13/2002 (Entered: 03/13/2002)
2002-03-15 42 0 FIRST AMENDED COMPLAINT by America Online, Inc. ; amending [1-1] complaint; jury demand (LARGE PLEADING) (stas) (Entered: 03/18/2002)
2002-03-19 43 0 RESPONSE by America Online, Inc. in opposition to [33-1] motion by St. Paul Mercury Co. for leave to take additional depositions (clar) (Entered: 03/19/2002)
2002-03-19 44 0 RESPONSE by St. Paul Mercury Co. in opposition to [35-1] motion by America Online, Inc. to Compel Discovery (large pleading) (clar) (Entered: 03/20/2002)
2002-03-20 45 0 AFFIDAVIT of Barbara Hawkins (clar) (Entered: 03/20/2002)
2002-03-20 46 0 AFFIDAVIT of Daniel S. Weiss (clar) (Entered: 03/20/2002)
2002-03-21 47 0 MEMORANDUM by America Online, Inc. in further support of [35-1] motion by America Online, Inc. to Compel Discovery (large pleading) (clar) (Entered: 03/21/2002)
2002-03-22 48 0 This case was before the Court on Plaintiff's Motion to compel the Productuion of Documents in three categories identified in the Motion, and on Defendant's Motion for Leave to Take Additional Non-pary Depositions. For the reasons stated and consistent with the directions from the bench, it is ORDERED- ORDER denying without prejudice [38-1] motion by St. Paul Mercury Co. for Leave to File notice of motion out of time, granting in part, denying in part [35-1] motion by America Online, Inc. to Compel Discovery ( signed by Magistrate Judge Welton C. Sewell ) Copies Mailed: y. [EOD Date: 3/25/02] (nbla) (Entered: 03/25/2002)
2002-03-22 49 0 TRANSCRIPT proceedings for dates of 3/1/02 (GBL) (mcke) (Entered: 03/25/2002)
2002-03-26 50 0 TRANSCRIPT proceedings for dates of 3/22/02 (WCS) (mcke) (Entered: 03/26/2002)
2002-03-29 51 0 ANSWER and affirmative defenses by St. Paul Mercury Co. to first amended complaint and jury demand (kjon) (Entered: 04/03/2002)
2002-04-05 52 0 MOTION by America Online, Inc. to Stay pending resolution of its motion for partial summary judgment (clar) (Entered: 04/08/2002)
2002-04-05 53 0 MEMORANDUM of Law by America Online, Inc. in support of [52-1] motion by America Online, Inc. to Stay pending resolution of its motion for partial summary judgment (clar) (Entered: 04/08/2002)
2002-04-05 54 0 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 4/12/02 for [52-1] motion by America Online, Inc. to Stay pending resolution of its motion for partial summary judgment (clar) (Entered: 04/08/2002)
2002-04-08 55 0 OBJECTIONS by defendant St. Paul Mercury Co. to pltf's second request for production of documents (mcke) (Entered: 04/09/2002)
2002-04-10 56 0 RESPONSE by St. Paul Mercury Co. in opposition to [52-1] motion by America Online, Inc. to Stay pending resolution of its motion for partial summary judgment (clar) (Entered: 04/10/2002)
2002-04-18 57 0 ORDER denying [52-1] motion by America Online, Inc. to Stay discovery pending resolution of its motion for partial summary judgment ( signed by Judge Gerald B. Lee ) Copies Mailed: yes [EOD Date: 4/19/02] (mcke) (Entered: 04/19/2002)
2002-04-19 58 0 Consent Order Extending Time to conduct expert depositions beyond the May 10, 2002 deadline for the completion of discovery and that the parties may supplement their rule 26(a)(3) disclosures, if necessary, on or before May 28, 2002, based on disclosures made in the expert reports or expert depositions. ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (mcke) (Entered: 04/22/2002)
2002-05-03 59 0 MOTION by America Online, Inc. to Compel Discovery (clar) (Entered: 05/06/2002)
2002-05-03 60 0 MEMORANDUM of Law by America Online, Inc. in support of [59-1] motion by America Online, Inc. to Compel Discovery (UNDER SEAL) (clar) (Entered: 05/06/2002)
2002-05-03 61 0 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 5/10/02 for [59-1] motion by America Online, Inc. to Compel Discovery (clar) (Entered: 05/06/2002)
2002-05-09 62 0 NOTICE by America Online, Inc. having been resolved is Withdrawing [59-1] motion by America Online, Inc. to Compel Discovery (clar) (Entered: 05/09/2002)
2002-05-15 63 0 Rule 26(a)(3) pretrial Disclosures by St. Paul Mercury Co. (witness & exhibit list) (mcke) (Entered: 05/16/2002)
2002-05-16 64 0 Pretrial Statement (Witness List and Exhibit List) by America Online, Inc. (clerk) (Entered: 05/17/2002)
2002-05-28 65 0 SUPPLEMENTAL Exhibit list by America Online, Inc. (mcke) (Entered: 05/29/2002)
2002-05-28 66 0 JOINT STIPULATION and CONSENT ORDER that the parties have agreed to the following proposed schedule: Filing and Service of Motions and Opening Briefs: June 14; Filing and Service of Opposition Briefs: June 28; Filing and Service of Reply Briefs: July 9; Hearing on Motions: July 12; and Whereas the parties have further agreed to the following proposed schedule for other pretrial matters: Filing and Service fo Objections to Trial Exhibits: June 17; Filing and Service of Deposition Designations: June 17; Filing and Service of Counter-designations: June 28. (See Order for Details) (signed by Judge Claude M. Hilton) Copies Mailed: yes (stas) (Entered: 05/29/2002)
2002-06-14 67 0 Consent Order regarding briefing schedule for certain pretrial motions and other matters. It is hereby ordered that the schedule be modified as follows: Filing and service of motions and opening briefs: June 25, 2002, filing and service of opposition briefs: July 11, 2002, filing and service of reply briefs: July 22, 2002, Hearing on motions July 26, 2002, It is hereby ORDERED that the parties request to modify the court's May 28, 2002 order as set forth above is GRANTED. ( signed by Judge Claude M. Hilton ) Copies Mailed: yes (mcke) (Entered: 06/17/2002)
2002-06-17 68 0 DESIGNATIONS from depositions of St. Paul Mercury Insurance Co. Personal on behalf of AOL filed by plaintiff America Online, Inc. (mcke) (Entered: 06/18/2002)
2002-06-17 69 0 OBJECTIONS by plaintiff America Online, Inc. to deft's proposed trial exhibits (mcke) (Entered: 06/18/2002)
2002-06-17 70 0 OBJECTION by defendant St. Paul Mercury Co. to pltf's trial exhibits (mcke) (Entered: 06/18/2002)
2002-06-17 71 0 DEPOSITION designations filed by defendant St. Paul Mercury Co. (mcke) (Entered: 06/18/2002)
2002-06-20 72 0 MEMORANDUM OPINION and ORDER denying [12-1] motion by America Online, Inc. for partial Summary Judgment on count One of pltf's amended complaint. ( signed by Judge Gerald B. Lee ) Copies Mailed: yes [EOD Date: 6/24/02] (mcke) (Entered: 06/24/2002)
2002-06-25 73 0 MOTION by St. Paul Mercury Co. for Summary Judgment (mcke) (Entered: 06/26/2002)
2002-06-25 74 0 MEMORANDUM by St. Paul Mercury Co. in support of [73-1] motion by St. Paul Mercury Co. for Summary Judgment (mcke) (Entered: 06/26/2002)
2002-06-25 75 0 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 7/26/02 for [73-1] motion by St. Paul Mercury Co. for Summary Judgment (mcke) (Entered: 06/26/2002)
2002-06-25 76 0 REQUEST by St. Paul Mercury Co., America Online, Inc. for adjournment of trial date (pltf's counsel notified to submit order) (filed together with joint status report) (mcke) (Entered: 06/26/2002)
2002-06-25 77 0 DEPOSITION counter-designations filed by plaintiff America Online, Inc. (mcke) (Entered: 06/26/2002)
2002-06-25 78 0 MOTION by America Online, Inc. for partial Summary Judgment (mcke) (Entered: 06/26/2002)
2002-06-25 79 0 MEMORANDUM by America Online, Inc. in support of [78-1] motion by America Online, Inc. for partial Summary Judgment (FILED UNDER SEAL) (mcke) (Entered: 06/26/2002)
2002-06-25 80 0 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 7/26/02 for [78-1] motion by America Online, Inc. for partial Summary Judgment (mcke) (Entered: 06/26/2002)
2002-07-05 81 0 MOTION by America Online, Inc. for Reconsideration of [72-1] memorandum opinion & order dated 6/20/02 (mcke) (Entered: 07/09/2002)
2002-07-05 82 0 MEMORANDUM by America Online, Inc. in opposition to [73-1] motion by St. Paul Mercury Co. for Summary Judgment (filed together with mem in support of motion for reconsideration) (FILED UDNER SEAL) (mcke) (Entered: 07/09/2002)
2002-07-05 83 0 Declaration of Scott M. Godes by America Online, Inc. (Large Pleading) (FILED UNDER SEAL) (mcke) (Entered: 07/09/2002)
2002-07-05 84 0 NOTICE of Hearing: Motion Hearing Deadline set for 10:00 7/26/02 for [81-1] motion by America Online, Inc. for Reconsideration of [72-1] memorandum opinion & order dated 6/20/02 (mcke) (Entered: 07/09/2002)
2002-07-09 85 0 Consent Order [76-1] motion by St. Paul Mercury Co., America Online, Inc. for adjournment of trial date and this case is removed from the trial calendar and will be reset, if necessary, once the parties' motions for summary judgment and motion for reconsideration have been decided. ( by Judge Gerald B. Lee ) Copies Mailed: yes (mcke) (Entered: 07/09/2002)
2002-07-11 86 0 REPLY BRIEF in support by St. Paul Mercury Co. of [73-1] motion by St. Paul Mercury Co. for Summary Judgment (filed together with opposition to pltfs partial summary judgment motion and motion for reconsideration) (FILED UNDER SEAL) (mcke) (Entered: 07/12/2002)
2002-07-22 87 0 MEMORANDUM by America Online, Inc. in further support of [81-1] motion by America Online, Inc. for Reconsideration of [72-1] memorandum opinion & order dated 6/20/02 , [78-1] motion by America Online, Inc. for partial Summary Judgment (Large pleading in two green accordion folders & FILED UNDER SEAL) (mcke) (Entered: 07/23/2002)
2002-08-20 88 0 ORDER for reasons stated in open court on 8/16/02, [73-1] motion by St. Paul Mercury Co. for Summary Judgment is granted. [78-1] motion by America Online, Inc. for partial Summary Judgment is denied and [81-1] motion by America Online, Inc. for Reconsideration of [72-1] memorandum opinion & order dated 6/20/02 is denied. ( signed by Judge Gerald B. Lee ) Copies Mailed: y [EOD Date: 8/21/02] (jsol) (Entered: 08/21/2002)
2002-08-20 89 0 JUDGMENT purusant to Rule 58 and in accordance w/Order (pleading #88) is entered for St. Paul Mercury Co. against America Online, Inc. - ent by the Clerk Copies Mailed: y [EOD DATE: 8/21/02] (jsol) (Entered: 08/21/2002)
2002-08-28 90 0 TRANSCRIPT proceedings for dates of 8/16/02 (GBL) (mcke) (Entered: 08/29/2002)
2002-09-04 91 0 NOTICE OF APPEAL OF [89-1] judgment order dated 8/20/02, [88-1] order dated 8/20/02, [72-1] order dated 6/20/02 by America Online, Inc. . FILING FEE $ 105.00 RECEIPT # 157679. Copy of notice, order, docket sheet & transmittal sheet mailed to USCA. Copies sent to America Online, Inc., St. Paul Mercury Co. (mcke) (Entered: 09/05/2002)
2002-09-18 92 0 NOTICE OF CROSS APPEAL OF [72-1] memorandum opinion and order dated 6/20/02 by St. Paul Mercury Co. . FILING FEE $ 105.00 RECEIPT # 158079. Copy of notice, order, docket sheet & transmiattal sheet mailed to USCA. Copies sent to America Online, Inc., St. Paul Mercury Co. (mcke) Modified on 09/19/2002 (Entered: 09/19/2002)
2002-09-30 93 0 USCA Order as to plaintiff America Online, Inc., defendant St. Paul Mercury Co.. The court consolidates these cases 02-2018 and 02-2084 for purposes of breifing and oral argument and directs that: AOL, Inc. is designated the appellant for purposes of briefing, preparation of the joint appendix, and oral argument, one joint brief shall be permitted per side (mcke) (Entered: 10/02/2002)
2003-10-16 94 0 Opinion of USCA re: [92-1] appeal by St. Paul Mercury Co., [91-1] appeal by America Online, Inc. decided 10/15/03; AFFIRMING by published opinion. (clerk) Modified on 10/28/2003 (Entered: 10/21/2003)
2003-10-31 95 0 Letter from USCA re: the mandate in this case will not be issued at this time because: A timely petition for rehearing has been filed; A timely petition for rehearing en banc has been filed (clerk) (Entered: 11/05/2003)
2003-11-17 96 0 USCA Order as to plaintiff America Online, Inc.; That the petition for rehearing and rehearing en banc is DENIED (See Order for Details) (clerk) (Entered: 11/18/2003)
2003-11-24 97 0 JUDGMENT OF USCA (certified copy) together with published written opinion affirming the judgment of the District Court Re: [92-1] appeal, [91-1] appeal (ltun) (Entered: 11/24/2003)