DUKE UNIVERSITY et al v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
| DUKE UNIVERSITY and DUKE UNIVERSITY HEALTH SYSTEM, INC. |
| NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA |
| 1:2008cv00854 |
| November 24, 2008 |
| US District Court for the Middle District of North Carolina |
| Insurance Office |
| Durham |
| WALLACE W. DIXON |
| UNASSIGNED |
| Plaintiff |
| Diversity |
| Diversity |
Docket Report
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This docket was last retrieved on October 20, 2010. A more recent docket listing may be available from PACER.
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Filing 58
ORDER allowing motion for extension of time to complete discovery It appearing that the parties have shown good cause for extending the time to complete discovery in this case, it is hereby ordered that the parties motion is granted and that (1) the date for completion of all discovery shall be January 4, 2011, (2) the deadline for expert reports for parties bearing the burden of proof on a particular issue will be one month prior to the close of discovery (December 7, 2010) and the deadline for rebuttal expert reports will be two weeks prior to the close of discovery (December 21, 2010); (3) the parties will make expert witnesses and non-expert witnesses available for depositions prior to the close of discovery, and (4) all potentially dispositive motions shall be filed thirty (30) days after the close of discovery. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 10/8/2010. (Lapira, Sharon) Modified on 10/12/2010 to remove extra punctuation (Lee, Lisa)
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| Filing 57 Amended JOINT MOTION for Extension of Time to Complete Discovery by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. (Attachments: # 1 Text of Proposed Order Order Allowing Motion for Extension of Time to Complete Discovery)(COATS, DAVID) |
| Motion(s) Submitted: 57 Amended JOINT MOTION for Extension of Time to Complete Discovery to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita) |
| Set/Reset Scheduling Order Deadlines: Discovery due by 1/4/2011. (Lapira, Sharon) |
| Filing 56 Consent MOTION for Extension of Time to Complete Discovery by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC., NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. Responses due by 11/1/2010 (Attachments: # 1 Text of Proposed Order Proposed Order)(COATS, DAVID) |
| Filing 55 RESPONSE TO OBJECTION to 53 Report and Recommendations of Magistrate Judge filed by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC. (Attachments: # 1 Exhibit Excerpt from January 25, 2010 Hearing Before The Hon. P. Trevor Sharp)(MCDOUGAL, GREGG) |
| Filing 54 RESPONSE TO OBJECTION to 53 Report and Recommendations filed by UNITED EDUCATORS INSURANCE. (Attachments: # 1 Exhibit January 25, 2010 Hearing Transcript)(PARRY, KIRK) |
| MEDIATION SCHEDULING ORDER ; Mediation due before end of discovery deadline 11/4/2010. (Gammon, Cheryl) |
| CASE REFERRED to Judge Beaty. (Kemp, Donita) |
| Case Reassigned to CHIEF JUDGE JAMES A. BEATY, JR. UNASSIGNED no longer assigned to the case. (Powell, Gloria) |
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Filing 52
ORDER Appointing JAMES L. GALE as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
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| Set/Reset Scheduling Order Deadlines: Discovery due by 11/4/2010. Dispositive Motions due by 12/4/2010. (see pldg. 50) (Wilson, JoAnne) |
| Filing 51 Notice of Mailing Recommendation. Objections to R&R due by 2/18/2010 (Wilson, JoAnne) |
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Filing 50
ORDER AND RECOMMENDED RULING - MAGISTRATE JUDGE signed by MAG/JUDGE P. TREVOR SHARP on 2/4/10 re 23 MOTION to Dismiss or Stay Third-Party Complaint filed by UNITED EDUCATORS INSURANCE be granted as set out above. Upon any order adopting this Recommendation, National Union shall initiate arbitration against United Educators within 60 days. Further, IT IS ORDERED that discovery shall now commence between Plaintiffs and Defendant National Union under the exceptional track. LR26.1. The Court incorporates in this Scheduling Order pages 6-8 of the Joint Rule 26(f) Report, Docket No. 46 . (Wilson, JoAnne) Discovery due 11/4/10; Mediation should be conducted before the end of discovery; Parties agree mediator shall be James L. Gale; Dispositive motions due 12/4/10; Parties do not consent to refer case to a Mag/Judge; ETT: 5-6d. Modified on 2/8/2010 to add additional text (Wilson, JoAnne).
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| NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 49 Notice (Other), 48 Notice (Other). Proposed orders are to be electronically filed as attachments to proposed orders and not as "stand alone" docket entries. Please e-mail the proposed order in wordprocessing format to the respective judge assigned to the case. (Lee, Lisa) |
| Minute Entry for proceedings held before MAG/JUDGE P. TREVOR SHARP: Motion Hearing held on 1/25/2010 re 23 MOTION to Dismiss or Stay Third-Party Complaint filed by UNITED EDUCATORS INSURANCE. Attorneys present for plaintiff, Gregg McDougal and Jerold Oshinsky, for defendant, David Coats, for 3rd party defendant Clifton Elgarten and James Dorsett, Jr. The Court will take this matter under advisement. Parties were instructed to submit proposed orders by 5:00 p.m. Friday, 1/29/10. Proceedings recorded. (Garrett, Kim) |
| Motions Referred: 46 Rule 26(f) Report (Joint) filed by all parties to MAG/JUDGE P. TREVOR SHARP- (Garrett, Kim) |
| Filing 47 WITHDRAWAL of Motion re 40 MOTION for Discovery by Plaintiffs DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC. (MCDOUGAL, GREGG) |
| Filing 46 Rule 26(f) Report (Joint) filed by all parties by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC., NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, UNITED EDUCATORS INSURANCE, UNITED EDUCATORS INSURANCE.(MCDOUGAL, GREGG) |
| Filing 45 NOTICE of Hearing: Oral Argument Hearing on Motion to Dismiss, Motion for Discovery and Initial Pretrial Conference set for 1/25/2010 02:30 PM in Greensboro Courtroom #1A before MAG/JUDGE P. TREVOR SHARP. (Garrett, Kim) |
| ***Motions Referred: 23 MOTION to Dismiss or Stay Third-Party Complaint, 40 MOTION for Discovery to MAG/JUDGE P. TREVOR SHARP- (Garrett, Kim) |
| Case Reassigned to MAG/JUDGE P. TREVOR SHARP as referral judge (see 10/20/2009 minute order). MAG/JUDGE WALLACE W. DIXON no longer assigned to the case. (Powell, Gloria) |
| MINUTE ORDER. As a result of matters and things which were disclosed at a status conference held on August 20, 2009, the undersigned is convinced that a conflict has arisen to the degree that the undersigned should recuse himself from participation in the case. The clerk is directed to assign another magistrate judge to the case and if fairness dictates the clerk should assign one of his cases to me. Signed by MAG/JUDGE WALLACE W. DIXON on 10/20/2009. (DIXON, WALLACE) |
| ***Motions Referred: 40 MOTION for Discovery to MAG/JUDGE WALLACE W. DIXON- (Garrett, Kim) |
| Filing 44 REPLY, filed by Plaintiff DUKE UNIVERSITY, to Response to 40 MOTION for Discovery filed by DUKE UNIVERSITY. (MCDOUGAL, GREGG) |
| Filing 43 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney JONATHAN M. COHEN for Plaintiffs DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC. (MCDOUGAL, GREGG) |
| Filing 42 OBJECTION and RESPONSE to 40 MOTION for Discovery; filed by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. Replies due by 10/30/2009. (COATS, DAVID) Modified on 10/14/2009 to reflect accurate title of pldg. (Lee, Lisa). |
| Filing 41 MEMORANDUM filed by Plaintiffs DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC. re 40 MOTION for Discovery. (MCDOUGAL, GREGG) |
| Filing 40 MOTION for Discovery by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC. Responses due by 10/13/2009 (MCDOUGAL, GREGG) |
| Minute Entry for proceedings held before MAG/JUDGE WALLACE W. DIXON: Status Conference held on 8/20/2009. Appearing for Plaintiff, Attorney Greg McDougal and Jerold Oshinsky, Defendant, David Coats, Clifton Elgarten and Kirk Parry, Jr. Conference began in open court but continued in chambers. Decision on recusal by Judge Dixon pending. Partial Proceedings recorded (Garrett, Kim) |
| Filing 39 NOTICE of Rescheduling: Status Conference reset for 8/20/2009 09:30 AM in Durham Courtroom #1 before MAG/JUDGE WALLACE W. DIXON. (Garrett, Kim) |
| Filing 38 NOTICE of Hearing: Status Conference set for 8/19/2009 10:30 AM in Durham Courtroom #1 before MAG/JUDGE WALLACE W. DIXON. (Garrett, Kim) |
| ***Motions Referred: 23 MOTION to Dismiss or Stay Third-Party Complaint to MAG/JUDGE WALLACE W. DIXON- (Garrett, Kim) |
| Filing 37 REPLY, filed by Third-Party Defendant UNITED EDUCATORS INSURANCE, to Response to 23 MOTION to Dismiss or Stay Third-Party Complaint filed by Duke University and Duke University Health System, Inc. (PARRY, KIRK) |
| Filing 36 NOTICE of Appearance by attorney JOHN M. MOYE on behalf of Plaintiffs DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC. (MOYE, JOHN) |
| Filing 35 RESPONSE re 23 MOTION to Dismiss or Stay Third-Party Complaint filed by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC. Replies due by 5/21/2009. (Attachments: # 1 Appendix Unreported Cases)(MCDOUGAL, GREGG) |
| Filing 34 REPLY MEMORANDUM filed by Third-Party Defendant UNITED EDUCATORS INSURANCE re 23 MOTION to Dismiss or Stay Third-Party Complaint. (PARRY, KIRK) Modified on 5/4/2009 to accurately reflect title of document (Wilson, JoAnne). |
| Filing 33 NOTICE of Appearance by attorney JEROLD OSHINSKY on behalf of Plaintiffs DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC. (OSHINSKY, JEROLD) |
| Filing 32 NOTICE of Appearance by attorney JONATHAN M. COHEN on behalf of Plaintiffs DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC. (COHEN, JONATHAN) |
| Filing 31 RESPONSE in Opposition re 23 MOTION to Dismiss or Stay Third-Party Complaint filed by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. Replies due by 5/1/2009. (COATS, DAVID) |
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Filing 30
ORDER signed by MAG/JUDGE WALLACE W. DIXON on 4/8/09 granting 29 Motion for Extension of Time to File Response/Reply re 23 MOTION to Dismiss or Stay Third-Party Complaint. Responses due by 5/4/2009 (Wilson, JoAnne)
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| Filing 29 Consent MOTION for Extension of Time to File Response/Reply to Third-Party Defendant United Educators Insurance's Motion to Dismiss by DUKE UNIVERSITY. (Attachments: # 1 Text of Proposed Order Granting Consent Motion)(MCDOUGAL, GREGG) |
| ***Motions Referred: 29 Consent MOTION for Extension of Time to File Response/Reply to Third-Party Defendant United Educators Insurance's Motion to Dismiss to MAG/JUDGE WALLACE W. DIXON- (Garrett, Kim) |
| ***Motions Referred: 27 MOTION for Extension of Time to File Response/Reply to Third-Party Defendant's Motion to Dismiss to MAG/JUDGE WALLACE W. DIXON- (Garrett, Kim) |
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Filing 28
ORDER signed by MAG/JUDGE WALLACE W. DIXON on 3/26/09 granting 26 Motion for Extension of Time to File Response re 23 MOTION to Dismiss or Stay Third-Party Complaint. Responses due by 4/15/2009. (Wilson, JoAnne)
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| Filing 27 MOTION for Extension of Time to File Response/Reply to Third-Party Defendant's Motion to Dismiss by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. Responses due by 4/15/2009 (Attachments: # 1 Text of Proposed Order)(COATS, DAVID) |
| ***Motions Referred: 26 MOTION for Extension of Time to File Response/Reply to United Educators Insurance's Motion to Dismiss or Stay and Proposed Order to MAG/JUDGE WALLACE W. DIXON- (Garrett, Kim) |
| Filing 26 MOTION for Extension of Time to File Response/Reply to United Educators Insurance's Motion to Dismiss or Stay and Proposed Order by DUKE UNIVERSITY. (MCDOUGAL, GREGG) |
| Filing 25 Corporate Disclosure Statement by UNITED EDUCATORS INSURANCE. (PARRY, KIRK) |
| Filing 24 MEMORANDUM filed by Third-Party Defendant UNITED EDUCATORS INSURANCE re 23 MOTION to Dismiss or Stay Third-Party Complaint filed by UNITED EDUCATORS INSURANCE. (Attachments: # 1 Tab 1, # 2 Tab 2)(PARRY, KIRK) |
| Filing 23 MOTION to Dismiss or Stay Third-Party Complaint by UNITED EDUCATORS INSURANCE. Responses due by 3/26/2009 (PARRY, KIRK) |
| Filing 22 NOTICE of Appearance by attorney KIRK ALAN PARRY, JR on behalf of Third-Party Defendant UNITED EDUCATORS INSURANCE (PARRY, KIRK) |
| Filing 21 NOTICE of Appearance by attorney KIRK ALAN PARRY, JR on behalf of Third-Party Defendant UNITED EDUCATORS INSURANCE (PARRY, KIRK) |
| Filing 20 NOTICE of Appearance by attorney KIRK ALAN PARRY, JR on behalf of Third-Party Defendant UNITED EDUCATORS INSURANCE (PARRY, KIRK) |
| Filing 19 NOTICE of Appearance by attorney KIRK ALAN PARRY, JR on behalf of Third-Party Defendant UNITED EDUCATORS INSURANCE (PARRY, KIRK) |
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Filing 18
ORDER signed by MAG/JUDGE WALLACE W. DIXON on 2/17/09 granting 17 Motion for Extension of Time to and including 3/3/09 to file Response to the Third-Party Complaint filed by National Union Fire Insurance Company of Pittsburgh, PA. (Wilson, JoAnne)
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| ***Motions Referred: 17 MOTION for Extension of Time to File Response/Reply as to 8 Answer to Complaint, Third Party Complaint, Counterclaim to MAG/JUDGE WALLACE W. DIXON- (Garrett, Kim) |
| Filing 17 MOTION for Extension of Time to File Response/Reply as to 8 Answer to Complaint, Third Party Complaint, Counterclaim by UNITED EDUCATORS INSURANCE. Responses due by 3/9/2009 (Attachments: # 1 Text of Proposed Order Extension of Time)(DORSETT, JAMES) |
| NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 16 Response. Wrong event, when selecting RESPONSE it sets a REPLY deadline. Refile choosing the correct event. (Wilson, JoAnne) |
| NOTICE of Docket Text/Event Modification re 16 Response: Document filed in error, public access to document terminated. (Wilson, JoAnne) |
| Filing 16 ANSWER TO COUNTERCLAIM filed by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC. (MCDOUGAL, GREGG) Modified on 2/13/2009 to add text (Wilson, JoAnne). Modified on 2/13/2009 to correct language and to remove sealed information (Contreras, Jamie). |
| Filing 15 Consent MOTION for Extension of Time to File Response/Reply as to 8 Answer to Complaint, Third Party Complaint, Counterclaim by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC. Responses due by 2/12/2009 (Attachments: # 1 Text of Proposed Order)(COOKE, BETSY) |
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ORDER granting 15 Motion for Extension of Time to File Response/Reply to 8 Answer to Complaint, Third Party Complaint, Counterclaim for DUKE UNIVERSITY and DUKE UNIVERSITY HEALTH SYSTEM, INC. Response due: February 12, 2009. Signed by John Brubaker, Clerk of Court, on 02/04/09. (BRUBAKER, JOHN)
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| Answer updated for DUKE UNIVERSITY and DUKE UNIVERSITY HEALTH SYSTEM, INC. to 2/12/2009 for counterclaim. (Wilson, JoAnne) |
| Filing 14 AFFIDAVIT OF SERVICE as to UNITED EDUCATORS INSURANCE, 430 N. Salisbury Street, Raleigh, NC 27612 by cert. mail on 1/26/09. Answer due 2/17/09 (COATS, DAVID) Modified on 2/3/2009 to add text (Wilson, JoAnne). |
| NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 13 Affidavit of Service. Party not selected. Refile with correct selection, set answer deadline. (Wilson, JoAnne) |
| Filing 12 AFFIDAVIT OF SERVICE by Certified Mail as to UNITED EDUCATORS INSURANCE c/o Janice M. Abraham, President, Two Wisconsin Cir., 4th Flr., Chevy Chase, MD 20815 served on 1/26/2009, answer due 2/17/2009. (COATS, DAVID) Modified on 2/3/2009 to add additional text (Wilson, JoAnne). |
| Filing 11 Summons Issued as to UNITED EDUCATORS INSURANCE. (Attachments: # 1 Additional Summons) (Lloyd, Donna) |
| Filing 10 Corporate Disclosure Statement by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA identifying Corporate Parent American International Group, Inc. for NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.. (COATS, DAVID) |
| Filing 9 Defendant's ANSWER to 1 Complaint Part 2 by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F - Part 1, # 7 Exhibit F - Part 2, # 8 Exhibit F - Part 3, # 9 Exhibit F - Part 4, # 10 Exhibit F - Part 5, # 11 Exhibit F - Part 6, # 12 Exhibit F - Part 7, # 13 Exhibit G - Part 1, # 14 Exhibit G - Part 2, # 15 Exhibit G - Part 3, # 16 Exhibit G - Part 4, # 17 Exhibit G - Part 5, # 18 Exhibit G - Part 6, # 19 Exhibit G - Part 7)(COATS, DAVID) |
| Filing 8 Defendant's ANSWER to 1 Complaint, THIRD PARTY COMPLAINT against United Educators Insurance, Counterclaim against by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. (COATS, DAVID) |
| Filing 7 MOTION for Extension of Time to File Answer by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. Responses due by 1/16/2009 (Attachments: # 1 Text of Proposed Order)(COATS, DAVID) |
| Telephone Notice to/from Attorney Coats verifying that defendant was served on 11/25/2008 and not on 12/25/2008 as set out 7 MOTION for Extension of Time to File Answer by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.(Powell, Gloria) |
| TEXT ORDER granting 7 Motion for Extension of Time to Answer to 1/16/2009 filed by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. Answer due by 1/16/2009. Signed on 12/11/2008 by Gloria L. Powell on behalf of John S. Brubaker, Clerk of Court. (Powell, Gloria) |
| Filing 6 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Lloyd, Donna) |
| Filing 5 Summons Issued as to NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. (Lloyd, Donna) |
| CASE REFERRED to Standing Order 30. (Lloyd, Donna) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website form directory for a list of mediators which must be served on all parties. (Lloyd, Donna) |
| Filing 4 NOTICE of Appearance by attorney BETSY COOKE on behalf of Plaintiffs DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC. (COOKE, BETSY) |
| Filing 3 Corporate Disclosure Statement by DUKE UNIVERSITY HEALTH SYSTEM, INC. (MCDOUGAL, GREGG) |
| Filing 2 Corporate Disclosure Statement by DUKE UNIVERSITY. (MCDOUGAL, GREGG) |
| Filing 1 COMPLAINT against NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA ( Filing fee $ 350 receipt number 04180000000000536383.), filed by DUKE UNIVERSITY, DUKE UNIVERSITY HEALTH SYSTEM, INC. (MCDOUGAL, GREGG) |
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