Plaintiff Philadelphia 76ers L.P. alleges that defendant New Jersey Nets Basketball LLC had signed Todd MacCulloch and applied for Temporary Total Disability Insurance coverage with defendant Trustmark Insurance Co. The Nets later traded MacCulloch and assigned the insurance coverage to the Philadelphia 76ers. After MacCulloch was diagnosed with Charcot-Marie Tooth disease, Trustmark denied coverage based on the Nets' purported failure to disclose that MacCulloch was suffering from a transitory case of mild plantar fasciitis.
Date Filed
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Docket Text
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| October 22, 2004 |
1
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COMPLAINT against NEW JERSEY NETS BASKETBALL LLC, TRUSTMARK INSURANCE COMPANY ( Filing fee $ 150 receipt number 910011.), filed by PHILADELPHIA 76ERS L.P.(ti, ) (Entered: October 25, 2004)
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| October 22, 2004 |
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Two Original Summons Issued as to NEW JERSEY NETS BASKETBALL LLC, TRUSTMARK INSURANCE COMPANY. Given To: Counsel on 10/22/04 (ti, ) (Entered: October 25, 2004)
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| October 25, 2004 |
2
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AMENDED COMPLAINT filed by PHILADELPHIA 76ERS L.P. against NEW JERSEY NETS BASKETBALL LLC, TRUSTMARK INSURANCE COMPANY.(cdd, ) (Entered: October 25, 2004)
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| October 25, 2004 |
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2 Summons Issued as to NEW JERSEY NETS BASKETBALL LLC, TRUSTMARK INSURANCE COMPANY. Mailed To: Lawrence D. Jackson, Esquire on 10/25/04. (cdd, ) (Entered: October 25, 2004)
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| November 3, 2004 |
3
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MOTION to Compel filed by PHILADELPHIA 76ERS L.P..Motion to Compel Arbitration, Brief, Order and Rule to Show Cause, Certificate of Service. (JACKSON, LAWRENCE) Modified on 11/4/2004 (np).
(Entered: November 3, 2004)
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| November 4, 2004 |
4
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EXHIBITS by PHILADELPHIA 76ERS L.P. to Motion to Compel Arbitration.(cdd, ) (Entered: November 4, 2004)
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| November 12, 2004 |
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SUMMONS on amended complaint Returned Executed filed by PHILADELPHIA 76ERS L.P. Larry D. Jackson served Summons and Complaint upon NEW JERSEY NETS BASKETBALL LLC by certified mail. NEW
JERSEY NETS BASKETBALL LLC served on 11/12/2004. (Copies of return receipt attached). (mac, ) Modified on 11/17/2004 (mac, ). (Entered: November 15, 2004)
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| November 22, 2004 |
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MOTION FILED BY TRUSTMARK INSURANCE COMPANY TO DISMISS OR IN THE ALTERNATIVE MOTION TO TRANSFER, MEMORANDUM, CERTIFICATE OF SERVICE.(cdd, ) (Entered: November 23, 2004)
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| November 22, 2004 |
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MOTION FILED BY TRUSTMARK INSURANCE COMPANY TO STAY THE MOTION TO COMPEL ARBITRATION, MEMORANDUM, CERTIFICATE OF SERVICE.(cdd, ) (Entered: November 23, 2004)
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| December 2, 2004 |
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NOTICE of Hearing on Motion 3 MOTION to Compel, 6 MOTION to Dismiss, 7 MOTION to Stay: MOTION HEARING ON OUTSTANDING MOTIONS SET FOR 12/7/2004 11:00 AM IN COURTROOM 12-A BEFORE
HONORABLE EDMUND V. LUDWIG. SEE ATTACHED STANDING ORDER ON ORAL ARGUMENT.(kc, ) (Entered: December 2, 2004)
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| December 3, 2004 |
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Minute Entry for Telephone Conference held on 12/2/04 before Judge EDMUND V. LUDWIG. (cdd, ) (Entered: December 6, 2004)
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| December 6, 2004 |
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Statement of issues by PHILADELPHIA 76ERS L.P.. (HAYES, ROBERT) (Entered: December 6, 2004)
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| December 6, 2004 |
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Memo of Law in Opposition re 3 MOTION to Compel, 6 MOTION to Dismiss filed by PHILADELPHIA 76ERS L.P., Certificate of Service. (HAYES, ROBERT) Modified on
12/7/2004 (np). (Entered: December 6, 2004)
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| December 6, 2004 |
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MOTION PRO HOC VICE FOR LIMITED ADMISSION OF JEFFREY A. ROSENTHAL AND JAMES D. MATHEWS BY TRUSTMARK INSURANCE COMPANY.STATEMENTS, CERTIFICATE OF SERVICE.(le, ) (Entered: December 7, 2004)
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| December 7, 2004 |
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APPLICATION/MOTION FILED BY NEW JERSEY NETS BASKETBALL LLC FOR ADMISSION PRO HAC VICE OF ROBERT J. KHEEL, ESQUIRE, CERTIFICATE OF SERVICE.(cdd, ) (Entered: December 7, 2004)
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| December 7, 2004 |
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Minute Entry for Oral Argument on outstanding Motions held on 12/7/04 before Judge EDMUND V. LUDWIG. Court Reporter: ESR. Counsel address the court on behalf of parties. Trademark's Motion
for Admission of Rosenthal and Matthews pro hac vice - GRANTED. NJ Net's Motion for Admission of Kheel pro hac vice - GRANTED. Judge questions counsel. Ruling: CAV. Counsel to report by
12/10/04 as to any agreement and may supplement their arguments in writing. (cdd, ) (Entered: December 7, 2004)
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| December 7, 2004 |
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ORDER THAT THE APPLICATION OF ROBERT J. KHEEL, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE 83.5.2(b) IS GRANTED.SIGNED BY JUDGE EDMUND V. LUDWIG ON 12/7/04.12/7/04 ENTERED AND
COPIES MAILED. (cdd, ) Modified on 12/8/2004 (cdd, ). (Entered: December 7, 2004)
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| December 8, 2004 |
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TRANSCRIPT of Proceedings held on 12/7/04 before Judge Ludwig. Court Reporter: D. Taylor. (wgc, ) (Entered: December 9, 2004)
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| December 9, 2004 |
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ORDER THAT THE APPLICATION OF JEFFREY A. ROSENTHAL, ESQUIRE AND JAMES D. MATHEWS, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS HEREBY
GRANTED.SIGNED BY JUDGE EDMUND V. LUDWIG ON 12/7/04.12/10/04 ENTERED AND COPIES MAILED AND E-MAILED. (cdd, ) (Entered: December 10, 2004)
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| December 10, 2004 |
18
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Supplemental Memorandum of Law in Opposition re 6 MOTION to Dismiss or Transfer Venue filed
by PHILADELPHIA 76ERS L.P., Certificate of Service. (HAYES, ROBERT) Modified on 12/10/2004 (np). (Entered: December 10, 2004)
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| December 10, 2004 |
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ORDER-MEMORANDUM THAT THE MOTION OF PLAINTIFF TO COMPEL ARBITRATION IS DENIED, THE MOTION TO DISMISS OR TRANSFER VENUE OF DEFENDANT TRUSTMARK INSURANCE COMPANY IS DENIED WITHOUT PREJUDICE.
SIGNED BY JUDGE EDMUND V. LUDWIG ON 12/10/04.12/13/04 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS. (mac, ) (Entered: December 13, 2004)
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| December 15, 2004 |
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ORDER THAT DEFENDANT TRUSTMARK INSURANCE COMPANY'S MOTION TO STAY IS DENIED AS MOOT.SIGNED BY JUDGE EDMUND V. LUDWIG ON 12/15/04.12/15/04 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.
(stb, ) (Entered: December 15, 2004)
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| December 22, 2004 |
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ORDER THAT THE CLERK OF COURT IS DIRECTED TO MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES.SIGNED BY JUDGE EDMUND V. LUDWIG ON 12/22/04. 12/22/04 ENTERED AND COPIES E-MAILED AND COPIES
FAXED BY CHAMBERS.(cdd, ) (Entered: December 22, 2004)
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| January 26, 2005 |
22
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NOTICE of Change of Firm Name and Legal Status filed by JEFFREY A. ROSENTHAL that the firm of Cleary, Gottlieb, Steen & Hamilton has changed its name and legal status to Cleary Gottlieb
Steen & Hamilton LLP, Certificate of Service. (cdd, ) Modified on 1/27/2005 (cdd, ). (Entered: January 26, 2005)
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