Eyeblaster, Inc. v. Federal Insurance Company

Plaintiff:Eyeblaster, Inc.
Defendant:Federal Insurance Company
 
Case Number:0:2007cv04379
Filed:October 25, 2007
 
Court:Minnesota District Court
Office:DMN Office [ Court Info ]
County:XX US, Outside State
Presiding Judge: Ann D. Montgomery
Referring Judge: Arthur J. Boylan
 
Nature of Suit:Contract - Insurance
Cause:28:1332 Diversity-Insurance Contract
Jurisdiction:Diversity
Jury Demanded By:Plaintiff
Date Filed # Docket Text
October 25, 2007 1 NOTICE OF REMOVAL by Federal Insurance Company ( Filing fee $ 350 receipt number 40017207) assigned to Judge Ann D Montgomery per Master List and referred to Magistrate Judge Arthur J Boylan. (Attachments: # 1 Summons and Complaint# 2 Exhibit A to Complaint# 3 Exhibit B to Complaint# 4 Notice of Filing Notice of Removal# 5 Civil Cover Sheet)(kt) QC'd by JME (Entered: October 26, 2007)
October 25, 2007 2 AFFIDAVIT of Brian H Sande by Federal Insurance Company. (kt) QC'd by JME (Entered: October 26, 2007)
October 30, 2007 3 STIPULATION to Extend the Time for Responsive Pleading by Eyeblaster, Inc., Federal Insurance Company. (Attachments: # 1 Certificate of Service)(Sande, Brian) (Entered: October 30, 2007)
October 30, 2007 4 ORDER that Defendant Federal Insurance Company shall be granted an extension in which to plead or otherwise respond to the above-captioned Complaint up to and including November 12, 2007. Signed by Magistrate Judge Arthur J. Boylan on 10/30/07. (kt) (Entered: October 30, 2007)
November 12, 2007 5 Defendant's ANSWER to Complaint and, COUNTERCLAIM against Eyeblaster, Inc. by Federal Insurance Company. (Attachments: # 1 Exhibit(s) A-1# 2 Exhibit(s) A-2# 3 Exhibit(s) A-3# 4 Exhibit(s) A-4# 5 Exhibit(s) B-1# 6 Exhibit(s) B-2# 7 Exhibit(s) B-3# 8 Certificate of Service) (Sande, Brian) (Entered: 11/12/2007)
December 3, 2007 6 REPLY to Counterclaim by Eyeblaster, Inc.. (Thomson, Brian) (Entered: December 3, 2007)
December 3, 2007 7 RULE 7.1 DISCLOSURE STATEMENT by Eyeblaster, Inc. that there is no such parent or publicly held corporation to report. (Thomson, Brian) (Entered: December 3, 2007)
December 3, 2007 8 CERTIFICATE OF SERVICE by Eyeblaster, Inc. to its Reply to Counterclaim and Rule 7.1 Disclosure (Thomson, Brian) (Entered: December 3, 2007)
December 10, 2007 9 RULE 7.1 DISCLOSURE STATEMENT by Federal Insurance Company of The Chubb Corporation as corporate parent and/or publicly held company. (Attachments: # 1 Certificate of Service )(Wagner, Dale) Modified text on 12/11/2007 (vem). (Entered: December 10, 2007)
February 13, 2008 10 NOTICE of Appearance by Jessica Schulte Williams on behalf of Federal Insurance Company (Attachments: # 1 Certificate of Service)(Williams, Jessica) (Entered: February 13, 2008)
March 13, 2008 11 REPORT of Rule 26(f) Planning Meeting by Eyeblaster, Inc., Federal Insurance Company.(Thavis, Robert) (Entered: March 13, 2008)
May 29, 2008 12 TEXT-ONLY ENTRY. CLERK'S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. The Clerk of Court is directed to reassign the Magistrate Judge in this case. Case is reassigned to Magistrate Judge Jeffrey J. Keyes for all further proceedings. Magistrate Judge Arthur J. Boylan no longer assigned to the case. In addition, any proceedings currently scheduled before the transferring Magistrate Judge will proceed in front of that Judge, unless directed otherwise. Please contact Jackie Phipps, at (612) 664-5470, for scheduling or other matters related to Magistrate Judge Keyes. NOTE: the new case number is 07cv4379 ADM/JJK. Please use this case number for all subsequent pleadings. (JME) (Entered: May 29, 2008)
June 9, 2008 13 NOTICE of Pretrial Conference: Pretrial Conference set for 6/30/2008 02:30 PM, In Chambers Hearing before Magistrate Judge Jeffrey J. Keyes. (Attachments: # 1 Consent Form)(akl) (Entered: June 10, 2008)
June 10, 2008 14 STIPULATION TO PROPOSED ORDER REGARDNG CONFIDENTIAL INFORMATION by Eyeblaster, Inc., Federal Insurance Company. (Thavis, Robert) (Entered: June 10, 2008)
June 11, 2008 15 PROTECTIVE ORDER. Signed by Magistrate Judge Jeffrey J. Keyes on 6/11/08. (akl) (Entered: June 11, 2008)
June 25, 2008 16 Amended REPORT of Rule 26(f) Planning Meeting by Eyeblaster, Inc., Federal Insurance Company.(Thavis, Robert) Modified on 6/25/2008 (JME). (Entered: June 25, 2008)
June 30, 2008 17 Minute Entry for proceedings held before Magistrate Judge Jeffrey J. Keyes: Initial Pretrial Conference held on 6/30/2008. Pretrial Scheduling Order to be issued. (jdf) (Entered: 07/03/2008)
July 9, 2008 18 PRETRIAL SCHEDUING ORDER: (Amended Pleadings due by 10/1/2008, Discovery due by 9/1/2008, Motions (non-disp) due 9/1/2008, Motions (disp) due by 1/15/2009, Ready for trial due by 4/15/2009). Signed by Magistrate Judge Jeffrey J. Keyes on 7/9/08. (akl) (Entered: July 10, 2008)
July 10, 2008 19 MOTION for Summary Judgment Partial by Eyeblaster, Inc.. (Thavis, Robert) (Entered: July 10, 2008)
July 10, 2008 20 NOTICE OF HEARING ON MOTION 19 MOTION for Summary Judgment Partial : Motion Hearing set for 8/25/2008 01:30 PM in Minneapolis - Courtroom 13W before Judge Ann D. Montgomery. (Thavis, Robert) (Entered: July 10, 2008)
July 10, 2008 21 MEMORANDUM in Support re 19 MOTION for Summary Judgment Partial filed by Eyeblaster, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Thavis, Robert) (Entered: July 10, 2008)
July 10, 2008 22 AFFIDAVIT of Yoav Arnstein in SUPPORT OF 19 MOTION for Summary Judgment Partial filed by Eyeblaster, Inc.. (Attachments: # 1 Exhibit(s) Exhibits 1-2, # 2 Exhibit(s) Exhibits 3-5)(Thavis, Robert) (Entered: July 10, 2008)
July 10, 2008 23 AFFIDAVIT of Robert P. Thavis in SUPPORT OF 19 MOTION for Summary Judgment Partial filed by Eyeblaster, Inc.. (Attachments: # 1 Exhibit(s) Exhibit A (Part 1), # 2 Exhibit(s) Exhibit A (Part 2))(Thavis, Robert) (Entered: July 10, 2008)
July 10, 2008 24 CERTIFICATE OF SERVICE by Eyeblaster, Inc. re 23 Affidavit in Support of Motion, 21 Memorandum in Support of Motion, 20 Notice of Hearing on Motion, 19 MOTION for Summary Judgment Partial, 22 Affidavit in Support of Motion (Thavis, Robert) (Entered: July 10, 2008)
July 22, 2008 25 MOTION for Summary Judgment by Federal Insurance Company. (Williams, Jessica) (Entered: July 22, 2008)
July 22, 2008 26 NOTICE OF HEARING ON MOTION 25 MOTION for Summary Judgment : Motion Hearing set for 8/25/2008 01:30 PM in Minneapolis - Courtroom 13W before Judge Ann D. Montgomery. (Williams, Jessica) (Entered: July 22, 2008)
July 22, 2008 27 MEMORANDUM in Support re 25 MOTION for Summary Judgment filed by Federal Insurance Company. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Williams, Jessica) (Entered: July 22, 2008)
July 22, 2008 28 AFFIDAVIT of Jessica Schulte Williams in SUPPORT OF 25 MOTION for Summary Judgment filed by Federal Insurance Company. (Attachments: # 1 Exhibit(s) 1, pp. 1-42, # 2 Exhibit(s) 1, pp. 43-69, # 3 Exhibit(s) 2)(Williams, Jessica) (Entered: July 22, 2008)
July 22, 2008 29 CERTIFICATE OF SERVICE by Federal Insurance Company re 25 MOTION for Summary Judgment, 26 Notice of Hearing on Motion, 28 Affidavit in Support of Motion, 27 Memorandum in Support of Motion (Williams, Jessica) (Entered: July 22, 2008)
August 5, 2008 30 RESPONSE in Opposition re 19 MOTION for Summary Judgment Partial filed by Federal Insurance Company. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Wagner, Dale) (Entered: August 5, 2008)
August 5, 2008 31 AFFIDAVIT of Dale M. Wagner in OPPOSITION TO 19 MOTION for Summary Judgment Partial filed by Federal Insurance Company. (Attachments: # 1 Exhibit(s) 3, # 2 Exhibit(s) 4)(Wagner, Dale) (Entered: August 5, 2008)
August 5, 2008 32 CERTIFICATE OF SERVICE by Federal Insurance Company re 31 Affidavit in Opposition to Motion, 30 Response in Opposition to Motion (Wagner, Dale) (Entered: August 5, 2008)
August 13, 2008 33 REPLY to Response to Motion re 19 MOTION for Summary Judgment Partial filed by Eyeblaster, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Thavis, Robert) (Entered: August 13, 2008)
August 13, 2008 34 CERTIFICATE OF SERVICE by Eyeblaster, Inc. re 33 Reply to Response to Motion of Eyeblaster, Inc. For Partial Summary Judgment (Thavis, Robert) (Entered: August 13, 2008)
August 14, 2008 35 MEMORANDUM by Eyeblaster, Inc. In Response to Motion of Defendant Federal Insurance Company For Summary Judgment filed by Eyeblaster, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Thavis, Robert) (Entered: August 14, 2008)
August 14, 2008 36 AFFIDAVIT of Robert P. Thavis in OPPOSITION TO 25 MOTION for Summary Judgment filed by Eyeblaster, Inc.. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s))(Thavis, Robert) (Entered: August 14, 2008)
August 14, 2008 37 AFFIDAVIT of Yoav Arnstein in OPPOSITION TO 25 MOTION for Summary Judgment filed by Eyeblaster, Inc.. (Attachments: # 1 Exhibit(s) A )(Thavis, Robert) Modified on 8/14/2008 (jam). (Entered: August 14, 2008)
August 14, 2008 38 AFFIDAVIT of David H. Oxley in OPPOSITION TO 25 MOTION for Summary Judgment filed by Eyeblaster, Inc.. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit and 4(s))(Thavis, Robert) Modified on 8/14/2008 (jam. (Entered: August 14, 2008)
August 14, 2008 39 CERTIFICATE OF SERVICE by Eyeblaster, Inc. re 38 Affidavit in Opposition to Motion, 36 Affidavit in Opposition to Motion, 37 Affidavit in Opposition to Motion, 35 Memorandum In Response to Motion of Defendant Federal Insurance Company For Summary Judgment (Thavis, Robert) (Entered: August 14, 2008)
August 20, 2008 40 REPLY to Response to Motion re 25 MOTION for Summary Judgment filed by Federal Insurance Company. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Williams, Jessica) (Entered: August 20, 2008)
August 25, 2008 41 TEXT ONLY Minute Entry for proceedings held before Judge Ann D. Montgomery: Motion Hearing held on 8/25/2008 re 25 MOTION for Summary Judgment filed by Federal Insurance Company, 19 MOTION for Summary Judgment Partial filed by Eyeblaster, Inc.; Motions taken under advisement (Court Reporter Timothy J. Willette). (tlu) (Entered: August 25, 2008)
October 7, 2008 42 MEMORANDUM OPINION AND ORDER denying 19 Plaintiff's Motion for Partial Summary Judgment; granting 25 Defendant's Motion for Summary Judgment (Written Opinion). Signed by Judge Ann D. Montgomery on 10/07/2008. (tlu) (Entered: 10/07/2008)
October 8, 2008 43 JUDGMENT (Attachments: # 1 Civil Notice - appeal, # 2 Civil-8th Circuit Pre-Hearing Conference Notice)(RLR) (Entered: October 8, 2008)
November 4, 2008 44 NOTICE OF APPEAL TO 8TH CIRCUIT as to 42 Order on Motion for Summary Judgment, 43 Judgment by Eyeblaster, Inc.. (Attachments: # 1 COA - Form A, # 2 Certificate of Service)(Thavis, Robert) (Entered: November 4, 2008)
November 5, 2008 45 USCA Appeal Fees received $ 455 receipt number 44641028100 re 44 Notice of Appeal to 8th Circuit filed by Eyeblaster, Inc. (kt) (Entered: November 5, 2008)
November 6, 2008 46 TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit 44 . (Attachments: # 1 Notice of Appeal)(RLR) (Entered: November 6, 2008)
November 13, 2008 47 USCA Case Number 08-3640 for 44 Notice of Appeal to 8th Circuit filed by Eyeblaster, Inc. (akl) (Entered: November 14, 2008)
Docket Report Last Checked: November 18, 2008 10:51:40 PST
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Plaintiff: Eyeblaster, Inc.
Represented By: Robert P Thavis
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Defendant: Federal Insurance Company
Represented By: Brian H Sande, Dale M Wagner
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