BLACKWATER SECURITY CONSULTING, LLC et al v. WESTCHESTER SURPLUS LINES INSURANCE COMPANY et al

Plaintiffs Blackwater Security Consulting, LLC and Blackwater Lodge and Training Center, Inc. alleged that defendants Westchester Surplus Lines Insurance Company, Evanston Insurance Company, Fidelity and Casualty Company of New York, and Liberty Insurance Underwriters breached their insurance contracts with plaintiffs by failing to indemnify plaintiff for defense costs and expenses in Nordan v. Blackwater Security Consulting LLC, et al..
Plaintiffs:BLACKWATER SECURITY CONSULTING, LLC and BLACKWATER LODGE AND TRAINING CENTER, INC.
Defendants:WESTCHESTER SURPLUS LINES INSURANCE COMPANY, LIBERTY INSURANCE UNDERWRITERS and CONTINENTAL INSURANCE COMPANY
 
Case Number:2:2005cv06020
Filed:November 16, 2005
 
Court:Pennsylvania Eastern District Court
Office:Philadelphia Office [ Court Info ]
County:Outside the State of PA.
Presiding Judge:HONORABLE PETRESE B. TUCKER
 
Nature of Suit:Contract - Insurance
Cause:28:1332 Diversity-Breach of Contract
Jurisdiction:Diversity
Jury Demanded By:Both
Date Filed # Docket Text
November 16, 2005 1 COMPLAINT against all defendants ( Filing fee $ 250 receipt number 923368.), filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC..(ks, ) (Entered: 11/17/2005)
November 16, 2005 4 Summons Issued as to WESTCHESTER SURPLUS LINES INSURANCE COMPANY, EVANSTON INSURANCE COMPANY, FIDELITY AND CASUALTY COMPANY OF NEW YORK, LIBERTY INSURANCE UNDERWRITERS. Given To: COUNSEL on November 17, 2005 (ks, ) (Entered: November 17, 2005)
November 16, 2005 DEMAND for Trial by Jury by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC.. (ks, ) (Entered: November 17, 2005)
December 20, 2005 2 NOTICE of Appearance by JAMES W. DALY, FRANCIS J. DEASEY on behalf of WESTCHESTER SURPLUS LINES INSURANCE COMPANY with jury demand (fdc, ) (Entered: December 20, 2005)
January 27, 2006 3 ORDER THAT DEFENDANT WESTCHESTER SURPLUS LINES INSURANCE COMPANY SHALL FILE A RESPONSIVE PLEADING TO PLAINTIFF'S COMPLAINT ON OR BEFORE 1/30/2006; DEFENDANT FIDELITY AND CASUALTY COMPANY OF NEW YORK SHALL FILE A RESPONSIVE PLEADING TO PLAINTIFF'S COMPLAINT ON OR BEFORE 2/15/2006. SIGNED BY JUDGE PETRESE B. TUCKER ON 1/27/06. 1/30/06 ENTERED AND COPIES MAILED AND FAXED. (jpd) (Entered: January 30, 2006)
February 6, 2006 4 NOTICE of Appearance by JOHN C. SULLIVAN on behalf of LIBERTY INSURANCE UNDERWRITERS with Certificate of Service (SULLIVAN, JOHN) (Entered: February 6, 2006)
February 6, 2006 5 STIPULATION Extending Time to Answer Plaintiffs' Complaint by LIBERTY INSURANCE UNDERWRITERS. (SULLIVAN, JOHN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 2/7/2006 (np). (Entered: February 6, 2006)
February 9, 2006 6 NOTICE of Appearance by FRANCIS P. BURNS, III on behalf of EVANSTON INSURANCE COMPANY (fdc, ) (Entered: February 9, 2006)
February 9, 2006 7 Answer to Complaint by WESTCHESTER SURPLUS LINES INSURANCE COMPANY, Affirmative Defenses, Certificate of Service.(fdc) (Entered: February 10, 2006)
February 10, 2006 8 STIPULATION Extending Time to Answer Complaint Until February 21, 2006 by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC., FIDELITY AND CASUALTY COMPANY OF NEW YORK. (VITRANO, PAUL) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 2/14/2006 (np). (Entered: February 10, 2006)
February 17, 2006 9 STIPULATION AND ORDER THAT DEFENDANT, LIBERTY INTERNATIONL UNDERWRITERS SHALL HAVE AN EXTENSION OF TIME UNTIL 2/21/2006 TO ANSWER PLAINTIFF'S COMPLAINT.SIGNED BY JUDGE PETRESE B. TUCKER ON 2/9/06. 2/17/06 ENTERED AND COPIES MAILED.(fdc) (mk, ). (Entered: February 17, 2006)
February 21, 2006 10 ANSWER to Complaint And Affirmative Defenses by LIBERTY INSURANCE UNDERWRITERS.(SULLIVAN, JOHN) (Entered: February 21, 2006)
February 21, 2006 11 ANSWER to Complaint by FIDELITY AND CASUALTY COMPANY OF NEW YORK, Certificate of Service. (VITRANO, PAUL) Modified on 2/23/2006 (np). (Entered: February 21, 2006)
February 21, 2006 12 STIPULATION AND ORDER THAT THE TIME FOR DEFENDANT, EVANSTON INSURANCE COMPANY TO ANSWER PLAINTIFFS' COMPLAINT IS EXTENDED TO 3/9/06. SIGNED BY JUDGE PETRESE B. TUCKER ON 2/17/06. 2/22/06 ENTERED AND COPIES MAILED AND FAXED.(fdc) (mk, ). (Entered: February 22, 2006)
February 21, 2006 13 STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFENDANT, WESTCHESTER SURPLUS LINES INSURANCE COMPANY MUST FILE AN ANSWER TO PLAINTIFFS' COMPLAINT IS EXTENDED UP TO AND INCLUDING 2/9/06. SIGNED BY JUDGE PETRESE B. TUCKER ON 2/17/06. 2/22/06 ENTERED AND COPIES MAILED AND FAXED.(fdc) (mk, ). (Entered: February 22, 2006)
February 23, 2006 14 STIPULATION AND ORDER THAT DEFENDANT FIDELITY AND CASUALTY COMPANY OF NEW YORK IS GRANTED AN EXTENSION OF TIME UNTIL 2/21/2006 TO ANSWER PLAINTIFF'S COMPLAINT.SIGNED BY JUDGE PETRESE B. TUCKER ON 2/22/06. 2/23/06 ENTERED AND COPIES MAILED.(fdc) (mk, ). (Entered: February 23, 2006)
March 9, 2006 15 Stipulation for Extension of Time to Answer or Otherwise Plead by EVANSTON INSURANCE COMPANY. (BURNS, FRANCIS) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 3/10/2006 (np). (Entered: March 9, 2006)
March 14, 2006 16 STIPULATION AND ORDER THAT THE TIME FOR DEFENDANT, EVANSTON INSURANCE COMPANY TO ANSWER PLAINTIFFS' COMPLAINT IS HEREBY EXTENDED TO AND INCLUDES 3/16/06. SIGNED BY JUDGE PETRESE B. TUCKER ON 3/14/06. 3/15/06 ENTERED AND COPIES MAILED AND FAXED.(fdc) (mk, ). (Entered: March 15, 2006)
March 16, 2006 17 ANSWER to Complaint, with COUNTERCLAIMS against all plaintiffs by EVANSTON INSURANCE COMPANY, Certificate of Service.(BURNS, FRANCIS) Modified on 3/17/2006 (md). (Entered: March 16, 2006)
March 31, 2006 18 APPLICATION/PETITION for Admission of Counsel Pro Hac Vice by EVANSTON INSURANCE COMPANY. (BURNS, FRANCIS) (Entered: March 31, 2006)
April 11, 2006 Filing fee (Pro Hac Vice - L.D. Simmons, II and Brian A. Kahn): $ 80.00, receipt number 927411. (fdc) (Entered: April 11, 2006)
April 17, 2006 19 STIPULATION AND ORDER THAT THE TIME FOR PLAINTIFFS TO ANSWER OR OTHERWISE PLEAD TO EVANSTON INSURANCE COMPANY'S COUNTERCLAIM IS HEREBY EXTENDED TO AND INCLUDES THURSDAY, MAY 4, 2006. SIGNED BY JUDGE PETRESE B. TUCKER ON 4/17/06. 4/17/06 ENTERED AND COPIES MAILED AND FAXED.(mac, ) Additional attachment(s) added on 4/21/2006 (fdc, ). (Entered: April 17, 2006)
April 19, 2006 20 MOTION to Change Venue filed by EVANSTON INSURANCE COMPANY.Memorandum, Affidavits, Certificate of Service. (Attachments: # 1 # 2)(BURNS, FRANCIS) (Entered: April 19, 2006)
May 1, 2006 21 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Transfer Venue filed by BLACKWATER SECURITY CONSULTING, LLC.. (Attachments: # 1 Text of Proposed Order)(BARTLE, HARVEY) (Entered: May 1, 2006)
May 1, 2006 22 DEFENDANT, WESTCHESTER SURPLUS LINES INSURANCE COMPANY'S Response to Defendants' Motion to Transfer Venue, Certificate of Service. (fdc) (Entered: May 1, 2006)
May 4, 2006 23 Plaintiffs' ANSWER to Counterclaim of Evanston Insurance Company by BLACKWATER LODGE AND TRAINING CENTER, INC..(BARTLE, HARVEY) (Entered: May 4, 2006)
May 8, 2006 24 ORDER THAT PLAINTIFFS' MOTION FOR AN EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION TO TRANSFER VENUE IS GRANTED; AND IT IS FURTHER ORDERED THAT PLAINTIFFS SHALL FILE THEIR RESPONSE TO DEFENDANTS' MOTION TO TRANSFER VENUE BY 5/12/06. SIGNED BY JUDGE PETRESE B. TUCKER ON 5/3/06. 5/8/06 ENTERED AND COPIES MAILED.(fdc) (mk, ). (Entered: May 8, 2006)
May 12, 2006 25 Certification of Harvey Bartle, IV in Support of Plaintiff's Opposition to Certain Defendants' Motion to Transfer Venue, Certificate of Service. (fdc) (Entered: May 12, 2006)
May 12, 2006 26 Memorandum in Opposition re 20 MOTION to Change Venue filed by BLACKWATER SECURITY CONSULTING, LLC. (Attachments: # 1 Affidavit Certification of Harvey Bartle, IV# 2 Affidavit Certificate of Service)(BARTLE, HARVEY) (Entered: May 12, 2006)
May 31, 2006 27 Joint MOTION for Leave to File Reply Memorandum filed by EVANSTON INSURANCE COMPANY, FIDELITY AND CASUALTY COMPANY OF NEW YORK, LIBERTY INSURANCE UNDERWRITERS.Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service# 3 Exhibit A# 4 Exhibit 1 Attached to Exhibit A# 5 Exhibit 2 Attached to Exhibit A)(BURNS, FRANCIS) (Entered: May 31, 2006)
May 31, 2006 28 DEFENDANT, WESTCHESTER SURPLUS LINES INSURANCE COMPANY'S MOTION FOR LEAVE TO REPLY TO PLAINTIFF'S MEMORANDUM IN OPPOSITION TO CERTAIN DEFENDANTS' MOTION TO TRANSFER VENUE, CERTIFICATE OF SERVICE.(fdc) Additional attachment(s) added on 6/9/2006 (fdc, ). (Entered: June 1, 2006)
June 14, 2006 29 Memorandum in Opposition re 27 Joint MOTION for Leave to File Reply Memorandum filed by BLACKWATER SECURITY CONSULTING, LLC. (Attachments: # 1 Certification of Harvey Bartle, IV# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Text of Proposed Order # 7 Certificate of Service)(BARTLE, HARVEY) (Entered: June 14, 2006)
February 23, 2007 30 NOTICE of Appearance by RONALD P. SCHILLER on behalf of FIDELITY AND CASUALTY COMPANY OF NEW YORK with Certificate of Service(SCHILLER, RONALD) (Entered: February 23, 2007)
February 27, 2007 31 MOTION to Substitute Party and Notice of Hearing filed by FIDELITY AND CASUALTY COMPANY OF NEW YORK.Memorandum, Certificate of Service.(CARLSON, MICHAEL) (Entered: February 27, 2007)
March 5, 2007 32 ORDER THAT DEFENDANTS' MOTIONS FOR LEAVE TO FILE REPLY MEMORANDA ARE GRANTED. DEFENDANT'S MOTION TO TRANSFER VENUE IS DENIED. SIGNED BY JUDGE PETRESE B. TUCKER ON 2/28/07.3/6/07 ENTERED AND COPIES E-MAILED.(fdc) (Entered: March 6, 2007)
March 6, 2007 33 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by FIDELITY AND CASUALTY COMPANY OF NEW YORK.(CARLSON, MICHAEL) (FILED IN ERROR BY ATTORNEY) Modified on 3/7/2007 (np). (Entered: March 6, 2007)
March 7, 2007 34 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by FIDELITY AND CASUALTY COMPANY OF NEW YORK.(CARLSON, MICHAEL) (Entered: March 7, 2007)
March 9, 2007 35 MOTION for Pro Hac Vice of Thomas T. Locke, Esquire filed by FIDELITY AND CASUALTY COMPANY OF NEW YORK.Certificate of Service.(CARLSON, MICHAEL) (Entered: March 9, 2007)
March 9, 2007 36 MOTION for Pro Hac Vice of Rebecca Woods, Esquire filed by FIDELITY AND CASUALTY COMPANY OF NEW YORK.Certificate of Service.(CARLSON, MICHAEL) (Entered: March 9, 2007)
March 12, 2007 37 Notice of Withdrawal of Appearance of Paul Vitrano and substitution of Appearance of Thomas T. Locke and Rebecca Woods as counsel for Defendant Fidelity and Casualty Company of New York, Certificate of Service. (fdc) (Entered: March 12, 2007)
March 15, 2007 38 Statement Pursuant to L.R. 7.1 by LIBERTY INSURANCE UNDERWRITERS. (SULLIVAN, JOHN) (Entered: March 15, 2007)
March 15, 2007 Disclosure Statement Form pursuant to FRCP 7.1 by LIBERTY INSURANCE UNDERWRITERS (SEE PAPER #38 FOR ORIGINAL DOCUMENT AND PDF).(afm, ) (Entered: March 16, 2007)
March 20, 2007 39 ORDER THAT THE DEFENDANT FIDELITY AND CASUALTY COMPANY OF NEW YORK'S MOTIONS FOR THE PRO HAC VICE ADMISSION OF THOMAS T. LOCKE, ESQ. AND REBECCA WOODS, ESQ. ARE GRANTED. SIGNED BY JUDGE PETRESE B. TUCKER ON 3/19/07.3/20/07 ENTERED AND COPIES E-MAILED.(fdc) (Entered: March 20, 2007)
March 20, 2007 40 Disclosure Statement Form pursuant to FRCP 7.1 by all plaintiffs.(BARTLE, HARVEY) (Entered: March 20, 2007)
March 22, 2007 41 MOTION for Pro Hac Vice Admission of Howard T. Weir, III filed by BLACKWATER SECURITY CONSULTING, LLC.STATEMENT, CERTIFICATE OF SERVICE.(fdc) (Entered: March 22, 2007)
March 26, 2007 42 ORDER THAT DEFT FIDELITY AND CASUALTY COMPANY OF NEW YORK'S MOTION TO SUBSITUTE PARTY IS GRANTED AS UNOPPOSED. IT IS FURTHER ORDERED THAT CONTINENTAL INSURANCE COMPANY IS SUBSTITUTE AS THE REAL PARTY IN INTEREST FOR FIDELITY AND CASUALTY COMPANY OF NEW YORK. ( SIGNED BY JUDGE PETRESE B. TUCKER ON 3/26/07. ) 3/26/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(gn, ) (Entered: March 26, 2007)
March 26, 2007 43 ORDER THAT EVANSTON'S MOTION FOR PRO HAC VICE OF L.D. SIMMONS, II AND BRIAN A. KAHN ARE GRANTED. L.D. SIMMONS, II, ESQ AND BRIAN A. KAHN, ESQ. ARE ADMITTED IN THIS CASE AS COUNSEL PRO HA VICE FOR EVANSTON. ( SIGNED BY JUDGE PETRESE B. TUCKER ON 3/22/07. ) 3/26/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(gn, ) (Entered: March 26, 2007)
March 27, 2007 44 Disclosure Statement Form pursuant to FRCP 7.1 including Markel Corporation with Certificate of Service by EVANSTON INSURANCE COMPANY.(BURNS, FRANCIS) (Entered: March 27, 2007)
March 27, 2007 45 Disclosure Statement Form pursuant to FRCP 7.1 by WESTCHESTER SURPLUS LINES INSURANCE COMPANY, Certificate of Service.(fdc) (Entered: March 27, 2007)
March 30, 2007 46 ORDER THAT BLACKWATER SECURITY CONSULTING, LLC'S MOTION FOR THE PRO HAC VICE ADMISSION OF HOWARD T. WEIR, III, ESQ. IS GRANTED. SIGNED BY JUDGE PETRESE B. TUCKER ON 3/27/07.3/30/07 ENTERED AND COPIES MAILED.(fdc) Additional attachment(s) added on 7/18/2007 (fdc, ). (Entered: March 30, 2007)
June 1, 2007 47 NOTICE of Hearing: Rule 16 SCHEDULING CONFERENCE SET FOR 6/27/2007 09:30 AM BEFORE HONORABLE PETRESE B. TUCKER.(adr) (Entered: June 1, 2007)
June 27, 2007 48 NOTICE of Appearance by NICOLE J. ROSENBLUM on behalf of FIDELITY AND CASUALTY COMPANY OF NEW YORK with Certificate of Service(ROSENBLUM, NICOLE) (Entered: June 27, 2007)
July 6, 2007 49 NOTICE OF WITHDRAW OF COUNSEL by BLACKWATER SECURITY CONSULTING, LLC AND BLACKWATER LODGE AND TRAINING CENTER, INC. (BARTLE, HARVEY) Modified on 7/9/2007 (afm, ). (Entered: July 6, 2007)
July 9, 2007 50 NOTICE of Appearance by CAROL CHOATE CARTY on behalf of BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC. with Certificate of Service(CARTY, CAROL) (Entered: 07/09/2007)
July 11, 2007 51 MOTION for Partial Summary Judgment Against Continental filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC..Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Declaration# 2 Exhibit A to Declaration# 3 Exhibits B-C to Declaration# 4 Exhibits D-J to Declaration)(CARTY, CAROL) (Entered: July 11, 2007)
July 11, 2007 52 MOTION for Partial Summary Judgment Against Westchester filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC..Memorandum, Declaration and Certificate of Service. (Attachments: # 1 Declaration# 2 Exhibit A to Declaration# 3 Exhibit A Cont'd to Declaration# 4 Exhibits B-F to Declaration)(CARTY, CAROL) (Entered: July 11, 2007)
July 11, 2007 53 MOTION for Partial Summary Judgment Against Evanston filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC..Memorandum, Declaration, Certification and Certificate of Service. (Attachments: # 1 Declaration# 2 Exhibit A to Declaration# 3 Exhibits B-E to Declaration# 4 Certification# 5 Exhibits 1-2 to Certification# 6 Exhibits 3-6 to Certification)(CARTY, CAROL) (Entered: July 11, 2007)
July 24, 2007 54 NOTICE of Appearance by MICHAEL F. SCHLEIGH on behalf of WESTCHESTER SURPLUS LINES INSURANCE COMPANY with Jury Demand(SCHLEIGH, MICHAEL) (Entered: July 24, 2007)
July 27, 2007 55 MOTION for Summary Judgment against BLACKWATER filed by LIBERTY INSURANCE UNDERWRITERS.. (Attachments: # 1 Text of Proposed Order # 2 Memorandum of Law# 3 Certificate of Service# 4 Declaration# 5 Exhibit 1 to Declaration# 6 Exhibit 2 to Declaration# 7 Exhibit 3 to Declaration# 8 Exhibit 4 to Declaration# 9 Exhibit 5 to Declaration# 10 Exhibit 6 to Declaration# 11 Exhibit 7 to Declaration# 12 Exhibit 8 to Declaration# 13 Exhibit9 to Declaration# 14 Exhibit 10 to Declaration# 15 Exhibit 11 to Declaration# 16 Exhibit 12 to Declaration# 17 Exhibit 13 to Declaration# 18 Exhibit 14 to Declaration# 19 Exhibit 15 to Declaration# 20 Exhibit 16 to Declaration# 21 Exhibit 17 to Declaration# 22 Exhibit 18(1) to Declaration# 23 Exhibit 18(2) to Declaration)(SULLIVAN, JOHN) (Entered: July 27, 2007)
August 8, 2007 56 STIPULATION AND ORDER THAT THE TIME WITHIN WHICH RESPONSE BRIEFS, REPLY BRIEFS AND SUR REPLY BRIEFS MUST BE FILED SHALL BE EXTENDED AS FOLLOWS: RESPONSE BRIEF OF DEFENDANTS TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS DUE 8/10/07. REPLY BRIEF OF PLAINTIFFS IS DUE 8/31/07. SUR REPLY BRIEF OF DEFENDANTS IS DUE 9/12/07. SIGNED BY JUDGE PETRESE B. TUCKER ON 8/3/07. 8/8/07 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: August 8, 2007)
August 9, 2007 Update Answer Deadline (le, ) (Entered: August 9, 2007)
August 10, 2007 57 MOTION for Summary Judgment filed by CONTINENTAL INSURANCE COMPANY.Brief, Certificate of Service. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(ROSENBLUM, NICOLE) (Entered: August 10, 2007)
August 10, 2007 58 RESPONSE in Opposition re 53 MOTION for Partial Summary Judgment Against Evanston filed by EVANSTON INSURANCE COMPANY. (Attachments: # 1 Text of Proposed Order Evanston's Proposed Order# 2 Affidavit Evanston's Certificate of Service)(BURNS, FRANCIS) (Entered: August 10, 2007)
August 10, 2007 59 Memorandum of Law in Opposition to Blackwater's Motion for Partial Summary Judgment re 53 MOTION for Partial Summary Judgment Against Evanston and in Support of Evanston's Cross-Motion filed by EVANSTON INSURANCE COMPANY. (BURNS, FRANCIS) (Entered: August 10, 2007)
August 10, 2007 60 RESPONSE in Opposition re 55 MOTION for Summary Judgment against BLACKWATER filed by WESTCHESTER SURPLUS LINES INSURANCE COMPANY. (Attachments: # 1 Supplement Memorandum of Law# 2 Affidavit of Keith Phillips pursuant to FRCP 56(f)# 3 Exhibit 1 Part A# 4 Exhibit Exhibit 1 Part B# 5 Exhibit Exhibit 2# 6 Exhibit Exhibit 3# 7 Exhibit Exhibit 4# 8 Exhibit Exhibit 5# 9 Exhibit Exhibit 6# 10 Exhibit Exhibit 7# 11 Exhibit Exhibit 8# 12 Exhibit Exhibit 9# 13 Exhibit Exhibit 10# 14 Exhibit Exhibit 11# 15 Exhibit Exhibit 12# 16 Exhibit Exhibit 13# 17 Exhibit Exhibit 14# 18 Text of Proposed Order # 19 Supplement Certificate of Service)(SCHLEIGH, MICHAEL) (Entered: August 10, 2007)
August 13, 2007 61 RESPONSE in Opposition re 55 MOTION for Summary Judgment against BLACKWATER filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC.. (Attachments: # 1 Declaration of Dennis J. Valenza# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(CARTY, CAROL) (Entered: August 13, 2007)
August 20, 2007 62 REPLY to Response to Motion re 55 MOTION for Summary Judgment against BLACKWATER filed by LIBERTY INSURANCE UNDERWRITERS. (Attachments: # 1 # 2 Declaration# 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(SULLIVAN, JOHN) (Entered: August 20, 2007)
August 31, 2007 63 REPLY to Response to Motion re 51 MOTION for Partial Summary Judgment Against Continental filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC.. (CARTY, CAROL) (Document Stricken pursuant to Order of 5/27/08 - #88)Modified on 5/28/2008 (fdc). (Entered: August 31, 2007)
August 31, 2007 64 REPLY to Response to Motion re 53 MOTION for Partial Summary Judgment Against Evanston filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC.. (CARTY, CAROL) (Entered: August 31, 2007)
August 31, 2007 65 REPLY to Response to Motion re 52 MOTION for Partial Summary Judgment Against Westchester filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC.. (CARTY, CAROL) (Entered: August 31, 2007)
September 7, 2007 66 STIPULATION AND PROTECTIVE ORDER. SIGNED BY JUDGE PETRESE B. TUCKER ON 9/4/07. 9/7/07 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: September 7, 2007)
September 10, 2007 67 RESPONSE in Opposition re 51 MOTION for Partial Summary Judgment Against Continental filed by CONTINENTAL INSURANCE COMPANY. (SCHILLER, RONALD) (Document Stricken pursuant to Order of 5/27/08 - #88) Modified on 5/28/2008 (fdc, ). (Entered: September 10, 2007)
September 10, 2007 68 REPLY to Response to Motion re 53 MOTION for Partial Summary Judgment Against Evanston Surreply in Opposition to Plaintiffs' Motion for Summary Judgment and in Support of Cross-Motion for Summary Judgment filed by EVANSTON INSURANCE COMPANY, CERTIFICATE OF SERVICE. (BURNS, FRANCIS) Modified on 9/11/2007 (afm, ). (Entered: September 10, 2007)
September 12, 2007 69 RESPONSE to Motion re 52 MOTION for Partial Summary Judgment Against Westchester Surreply in Support of Opposition filed by WESTCHESTER SURPLUS LINES INSURANCE COMPANY. (Attachments: # 1 Exhibit Exhibit 1# 2 Text of Proposed Order Alternate Proposed Order)(SCHLEIGH, MICHAEL) (Entered: September 12, 2007)
September 12, 2007 70 RESPONSE in Opposition re 55 MOTION for Summary Judgment against BLACKWATER Sur-Reply to Liberty's Motion filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC., Certificate of Service. (CARTY, CAROL) Modified on 9/13/2007 (ac, ). (Document stricken from the Record pursuant to Court Order (#84)) Modified on 3/12/2008 (fdc, ). (Entered: September 12, 2007)
October 5, 2007 71 MOTION to Strike 70 Response in Opposition to Motion, for Summary Judgment filed by LIBERTY INSURANCE UNDERWRITERS.Memorandum. (Attachments: # 1 Memorandum of Law# 2 Text of Proposed Order)(SULLIVAN, JOHN) (Entered: October 5, 2007)
October 11, 2007 72 MOTION for Leave to File Supplemental Brief in Support of Motion for Summary Judgment filed by LIBERTY INSURANCE UNDERWRITERS.Brief, Declaration. (Attachments: # 1 Text of Proposed Order # 2 Supplemental Brief in Support of Motion for Summary Judgment# 3 Declaration# 4 Exhibit A# 5 Exhibit B)(SULLIVAN, JOHN) (Entered: October 11, 2007)
October 22, 2007 73 RESPONSE in Opposition re 71 MOTION to Strike 70 Response in Opposition to Motion, for Summary Judgment filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC.. (CARTY, CAROL) (Document stricken from the Record pursuant to Court Order (#84)) Modified on 3/12/2008 (fdc, ). (Entered: October 22, 2007)
October 29, 2007 74 RESPONSE in Opposition re 72 MOTION for Leave to File Supplemental Brief in Support of Motion for Summary Judgment filed by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC., Certificate of Service. (CARTY, CAROL) Modified on 11/1/2007 (fh) (Entered: October 29, 2007)
November 15, 2007 75 AMENDED DOCUMENT by LIBERTY INSURANCE UNDERWRITERS. Amendment to 38 Statement Pursuant to L.R. 7.1. (SULLIVAN, JOHN) (Entered: November 15, 2007)
November 15, 2007 Amended Disclosure Statement Form pursuant to FRCP 7.1 by LIBERTY INSURANCE UNDERWRITERS. (SEE PAPER #75 FOR ATTACHMENT) (nd) (Entered: November 16, 2007)
December 5, 2007 76 NOTICE of Appearance by STEPHEN A. COZEN on behalf of WESTCHESTER SURPLUS LINES INSURANCE COMPANY with Jury Demand and Certificate of Service(COZEN, STEPHEN) (Entered: December 5, 2007)
December 14, 2007 77 STIPULATION of Dismissal of All Claims Between Plaintiffs and Evanston Insurance Company by EVANSTON INSURANCE COMPANY, Certificate of Service. (BURNS, FRANCIS) Modified on 12/20/2007 (fh) (Entered: December 14, 2007)
January 28, 2008 78 NOTICE of Withdrawal of Appearance by MICHAEL F. SCHLEIGH on behalf of WESTCHESTER SURPLUS LINES INSURANCE COMPANY(SCHLEIGH, MICHAEL) (Entered: January 28, 2008)
January 31, 2008 79 ORDER THAT EVANSTON INSURANCE COMPANY IS DISMISSED FROM THIS ACTION WITH PREJUDICE. IT IS FURTHER ORDERED THAT EVANSTON'S COUNTERCLAIM AGAINST THE PLAINTIFF IS DISMISSED WITH PREJUDICE AND PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE DUTY TO DEFEND IS DISMISSED AS MOOT. EACH PARTY IS TO BEAR ITS OWN COSTS AND ATTORNEYS' FEES. SIGNED BY HONORABLE PETRESE B. TUCKER ON 1/31/08. 1/31/08 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: January 31, 2008)
March 7, 2008 80 MOTION for Leave to File a Supplemental Memorandum of Law and Written Discovery, MOTION to Amend/Correct the Pending Rule 56 F Cross Motion filed by WESTCHESTER SURPLUS LINES INSURANCE COMPANY.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit A, part 1, # 3 Exhibit A, part 2, # 4 Exhibit A, part 3, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit C, part 1a, # 8 Exhibit C, part 1b, # 9 Exhibit C, part 1c, # 10 Exhibit C, part 2a, # 11 Exhibit C, part 2b, # 12 Exhibit C, part 2c, # 13 Exhibit C, part 2d, # 14 Exhibit C, part 3a, # 15 Exhibit C, part 3b, # 16 Exhibit C, part 3c, # 17 Exhibit C, part 3d, # 18 Exhibit C, part 4a, # 19 Exhibit C, part 4c, # 20 Exhibit C, part 4d, # 21 Exhibit C, part 5a, # 22 Exhibit C, part 5b, # 23 Exhibit C, part 5c, # 24 Text of Proposed Order)(COZEN, STEPHEN) (Entered: March 7, 2008)
March 7, 2008 81 Declaration re 80 MOTION for Leave to File a Supplemental Memorandum of Law and Written Discovery MOTION to Amend/Correct the Pending Rule 56 F Cross Motion by WESTCHESTER SURPLUS LINES INSURANCE COMPANY. (Attachments: # 1 Exhibit B, part 1a, # 2 Exhibit B, part 1b, # 3 Exhibit C)(COZEN, STEPHEN) (Entered: March 7, 2008)
March 10, 2008 82 Praecipe to file inadvertently omitted exhibit by WESTCHESTER SURPLUS LINES INSURANCE COMPANY. (Attachments: # 1 Exhibit A to the Declaration of Eric D. Freed)(COZEN, STEPHEN) Modified on 3/12/2008 (nd). (Entered: March 10, 2008)
March 10, 2008 83 Praecipe to file incompletely imported PDFs by WESTCHESTER SURPLUS LINES INSURANCE COMPANY. (Attachments: # 1 Exhibit Exhibit 1, Part 1 to Exhibit C, # 2 Exhibit Exhibit 1, Part 2, to Exhibit C, # 3 Exhibit Exhibit 1, Part 3, to Exhibit C, # 4 Exhibit Exhibit 4, Part 1, to Exhibit C, # 5 Exhibit Exhibit 4, Part 2, to Exhibit C, # 6 Exhibit Exhibit 4, Part 3, to Exhibit C, # 7 Exhibit Exhibit 5, Part 1, to Exhibit C, # 8 Exhibit Exhibit 5, Part 2, to Exhibit C, # 9 Exhibit Exhibit 5, Part 3, to Exhibit C) (COZEN, STEPHEN) Modified on 3/12/2008 (nd). (Entered: March 10, 2008)
March 12, 2008 84 ORDER THAT DEFENDANT LIBERTY INTERNATIONAL UNDERWRITERS' MOTION FOR SUMMARY JUDGMENT IS DENIED. IT IS FURTHER ORDERED THAT THE PLAINTIFF'S SUR-REPLY SHALL BE STRICKEN FROM THE RECORD AND WILL NOT BE CONSIDERED BY THE COURT. DEFENDANT'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY HONORABLE PETRESE B. TUCKER ON 3/11/08. 3/12/08 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: March 12, 2008)
March 17, 2008 85 STIPULATION Enlarging Plaintiffs' Time to Respond to Westchester's Motion for Leave to File a Supplemental Memorandum of Law and Written Discovery by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC.. (CARTY, CAROL) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 3/18/2008 (nd). (Entered: 03/17/2008)
April 14, 2008 86 NOTICE by BLACKWATER SECURITY CONSULTING, LLC, BLACKWATER LODGE AND TRAINING CENTER, INC. Stipulation of Plaintiffs and Ace/Westchester (CARTY, CAROL) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 4/15/2008 (nd). (Entered: April 14, 2008)
April 16, 2008 87 NOTICE of Appearance by ERIC D. FREED on behalf of WESTCHESTER SURPLUS LINES INSURANCE COMPANY with Certificate of Service(FREED, ERIC) (Entered: April 16, 2008)
May 27, 2008 88 ORDER THAT PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT CONTINENTAL'S RESPONSE IN OPPOSITION OR IN THE ALTERNATIVE MOTION FOR PARTIAL SUMMARY JUDGMENT ARE BOTH DENIED. IT IS FURTHER ORDERED THAT THE PLAINTIFF'S REPLY AND DEFENDANT'S SUR-REPLY SHALL BE STRICKEN FROM THE RECORD AND WILL NOT BE CONSIDERED BY THE COURT. SIGNED BY HONORABLE PETRESE B. TUCKER ON 5/27/08.5/28/08 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: May 28, 2008)
June 30, 2008 89 ORDER THAT THE PARTIES SHALL APPEAR FOR A STATUS CONFERENCE BEFORE THE HONORABLE PETRESE B. TUCKER IN ROOM 9613 ON 8/7/08 AT 11:00AM. THE COURT SHALL DELAY ENTERING A DECISION ON PLFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFT WESTCHESTER (DOC #52) PENDING THE STATUS CONFERENCE. ( SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/30/08. ) 7/1/08 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(gn, ) (Entered: July 1, 2008)
June 30, 2008 90 STIPULATION AND ORDER THAT THE PLAINTIFFS NEED NOT RESPOND TO WESTCHESTER'S MOTION FOR LEAVE TO FILE UNTIL APRIL 4, 2008. ( RESPONSES DUE BY 4/4/2008.). SIGNED BY HONORABLE PETRESE B. TUCKER ON 3/14/2008. 7/1/2008 ENTERED AND COPIES E-MAILED.(ap, ) Modified on 7/1/2008 (afm, ). (Entered: July 1, 2008)
Docket Report Last Checked: July 3, 2008 06:44:56 PDT
Search for this case: BLACKWATER SECURITY CONSULTING, LLC et al v. WESTCHESTER SURPLUS LINES INSURANCE COMPANY et al
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Plaintiff: BLACKWATER SECURITY CONSULTING, LLC
Represented By: CAROL CHOATE CARTY, DENNIS J. VALENZA, HOWARD T. WEIR, III
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Plaintiff: BLACKWATER LODGE AND TRAINING CENTER, INC.
Represented By: CAROL CHOATE CARTY, DENNIS J. VALENZA
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Defendant: WESTCHESTER SURPLUS LINES INSURANCE COMPANY
Represented By: FRANCIS J. DEASEY, JAMES W. DALY, STEPHEN A. COZEN
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Defendant: LIBERTY INSURANCE UNDERWRITERS
Represented By: JOHN C. SULLIVAN
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Defendant: CONTINENTAL INSURANCE COMPANY
Represented By: RONALD P. SCHILLER, THOMAS T. LOCKE, REBECCA WOODS, NICOLE J. ROSENBLUM, MICHAEL ROBERT CARLSON
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