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MEDIATION
U.S. DISTRICT COURTU.S. District Court, Western District of New York (Buffalo)CIVIL DOCKET FOR CASE #: 1:09-cv-00940-WMS-LGF
Erie Painting & Maintenance Inc. v. Illinois Union Insurance
Company
Assigned to: Hon. William M. Skretny
Referred to: Hon. Leslie G. Foschio
Cause: 28:1332 Diversity-Insurance Contract
Date Filed: 11/02/2009
Jury Demand: Plaintiff
Nature of Suit: 110 Insurance
Jurisdiction: Diversity
Plaintiff
Erie Painting & Maintenance Inc. represented by Daniel T. Hunter
Gross, Shuman, Brizdle & Gilfillan, P.C.
465 Main Street
Suite 600Buffalo, NY 14203
716-854-4300
Fax: 716-854-2787
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Richard S. Atwater
Gross, Shuman, Brizdle & Gilfillan, P.C.
465 Main Street, Suite 600
Buffalo, NY 14203
716-854-4300
Fax: 716-854-2787
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Trevor Michael Torcello
Gross, Shuman, Brizdle & Gilfillan, P.C.
465 Main Street
Suite 600Buffalo, NY 14203
716-854-4300
Fax: 716-854-2787
Email: [email protected]
ATTORNEY TO BE NOTICED
V.
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Defendant
Illinois Union Insurance Company represented by Ryan K. Cummings
Hodgson Russ, LLP
The Guaranty Building
140 Pearl Street
Suite 100
Buffalo, NY 14202716-848-1665
Fax: 716-849-0349
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Brent John Nowicki
Hodgson Russ LLP
The Guaranty Building
140 Pearl Street
Suite 100Buffalo, NY 14202
716-848-1398
Fax: 716-819-4751
Email: [email protected]
ATTORNEY TO BE NOTICED
Patrick Tomovic
Hodgson Russ, LLP
The Guaranty Building
140 Pearl StreetSuite 100
Buffalo, NY 14202
716-848-1496
Fax: 716-849-0349
Email: [email protected]
ATTORNEY TO BE NOTICED
Counter Claimant
Illinois Union Insurance Company represented by Ryan K. Cummings
(See above for address)
LEAD ATTORNEYATTORNEY TO BE NOTICED
Brent John Nowicki
(See above for address)
ATTORNEY TO BE NOTICED
Patrick Tomovic
(See above for address)
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ATTORNEY TO BE NOTICED
V.
Counter Defendant
Erie Painting & Maintenance Inc. represented by Daniel T. Hunter
(See above for address)LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Richard S. Atwater
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Trevor Michael Torcello
(See above for address)
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
11/02/2009 1 NOTICE OF REMOVAL by Illinois Union Insurance Company from State of New
York Supreme Court: County of Erie, case number I2009-11887. (Filing fee
$350.00 receipt number 015228), filed by Illinois Union Insurance Company.
(Attachments: #(1) Summons, #(2) Complaint, #(3) Affidavit of Service, #(4)
Exhibit B, #(5) Exhibit C, #(6) Exhibit D.) (DLC) (Entered: 11/04/2009)
11/02/2009 2 CERTIFICATE OF SERVICE by Illinois Union Insurance Company re 1 Notice ofRemoval. (DLC) (Entered: 11/04/2009)
11/02/2009 3 AUTOMATIC REFERRAL to Mediation. (DLC) (Entered: 11/04/2009)
11/09/2009 4 ANSWER to Complaint, COUNTERCLAIM against Erie Painting & Maintenance
Inc. by Illinois Union Insurance Company.(Cummings, Ryan) (Entered:
11/09/2009)
11/09/2009 5 Corporate Disclosure Statement by Illinois Union Insurance Company identifying
Corporate Parent ACE Limited for Illinois Union Insurance Company, Illinois
Union Insurance Company.. (Cummings, Ryan) (Entered: 11/09/2009)
11/09/2009 6 CERTIFICATE OF SERVICE by Illinois Union Insurance Company re 5
Corporate Disclosure Statement, 4 Answer to Complaint, Counterclaim
(Cummings, Ryan) (Entered: 11/09/2009)
11/16/2009 7 ANSWER to 4 Answer to Complaint, Counterclaim by Erie Painting &
Maintenance Inc..(Atwater, Richard) (Entered: 11/16/2009)
11/17/2009 8 ADR Notice and Plan electronically forwarded to attorneys. (DLC) (Entered:
11/17/2009)
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11/17/2009 9 TEXT REFERRAL ORDER - Hon. Leslie G. Foschio, United States Magistrate
Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C.
636(b)(1)(A), all pre-trial matters in this case are referred to the above-named
United States Magistrate Judge, including but not limited to: (1) conduct of a
scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P.
16, (2) hearing and disposition of all non-dispositive motions or applications, (3)
supervision of discovery, and (4) supervision of all procedural matters involving
the aforementioned or involving the preparation of the case or any matter therein
for consideration by the District Judge. The Magistrate Judge shall not hear and
report upon dispositive motions for the consideration of the District Judge pursuant
to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All
motions or applications shall be filed with the Clerk and made returnable before
the Magistrate Judge. The parties are encouraged to consider the provisions of 28
U.S.C. 636(c) governing consent to either partial or complete disposition of the
case, including trial if necessary, by the Magistrate Judge. Consent forms are
available from the office of the Magistrate Judge or the office of the Clerk of
Court. IT IS SO ORDERED. Issued by Judge William M. Skretny on 11/17/2009.
(JCD) (Entered: 11/17/2009)
11/17/2009 10 DEMAND for Trial by Jury by Erie Painting & Maintenance Inc.. (Atwater,
Richard) (Entered: 11/17/2009)
12/02/2009 11 NOTICE of Appearance by Trevor Michael Torcello on behalf of Erie Painting &
Maintenance Inc. (Torcello, Trevor) (Entered: 12/02/2009)
12/02/2009 12 MOTION to Remand to State Court by Erie Painting & Maintenance
Inc..(Torcello, Trevor) (Entered: 12/02/2009)
12/02/2009 13 DECLARATION signed by Trevor M. Torcello filed by Erie Painting &
Maintenance Inc.. (Attachments: # 1 Exhibit A(1), # 2 Exhibit A(2), # 3 Exhibit
B-F)(Torcello, Trevor) (Entered: 12/02/2009)
12/02/2009 14 MEMORANDUM/BRIEF of Law by Erie Painting & Maintenance Inc.. (Torcello,
Trevor) (Entered: 12/02/2009)
12/08/2009 15 ORDER REFERRING 12 Plaintiff's Motion to Remand to State Court to
Magistrate Judge Leslie G. Foschio. Signed by Judge William M. Skretny on
12/7/2009. (JCD) (Entered: 12/08/2009)
12/09/2009 16 ORDER re 12 MOTION to Remand to State Court filed by Erie Painting &
Maintenance Inc. Responses due by 12/30/2009. Replies due by 1/6/2010. Signed
by Hon. Leslie G. Foschio on 12/9/2009. (SDW) (Entered: 12/09/2009)12/30/2009 17 MEMORANDUM in Opposition re 12 MOTION to Remand to State Court filed
by Illinois Union Insurance Company. (Cummings, Ryan) (Entered: 12/30/2009)
12/30/2009 18 CERTIFICATE OF SERVICE by Illinois Union Insurance Company re 17
Memorandum in Opposition to Motion (Cummings, Ryan) (Entered: 12/30/2009)
01/06/2010 19 MEMORANDUM in Support re 12 MOTION to Remand to State CourtReply
filed by Erie Painting & Maintenance Inc.. (Atwater, Richard) (Entered:
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06/24/2010)
07/29/2010 27 Stipulation-Selection of Mediator by Illinois Union Insurance Company.
(Tomovic, Patrick) (Entered: 07/29/2010)
12/21/2010 28 STIPULATION and [Proposed] Order by Erie Painting & Maintenance Inc.,
Illinois Union Insurance Company. (Attachments: # 1 Certificate of Service)
(Nowicki, Brent) (Entered: 12/21/2010)12/23/2010 29 TEXT ORDER APPROVING 28 Stipulation filed by Erie Painting & Maintenance
Inc., Illinois Union Insurance Company to amend the June 23, 2010 Scheduling
Order. First Amended Scheduling Order to be filed separately. SO ORDERED.
Issued by Hon. Leslie G. Foschio on 12/23/2010. (SDW) (Entered: 12/23/2010)
12/23/2010 30 FIRST AMENDED SCHEDULING ORDER (Please Note: This docket text may
not contain the entire contents of the attached Order. It is your responsibility to
read the attached Order and download it for future reference. Direct any questions
to the Chambers of the Judge who entered this Order.) Discovery completed by
3/31/2011. Plaintiff Expert Witness ID due by 3/31/2011. Motions to Compel
Discovery due by 4/13/2011. Defendant Expert Witness ID due by 4/29/2011.Dispositive Motions due by 7/29/2011. Mediation To End by 8/30/2011.. Signed
by Hon. Leslie G. Foschio on 12/23/2010. (SDW) (Entered: 12/23/2010)
03/24/2011 31 STIPULATION and Proposed Order by Erie Painting & Maintenance Inc..
(Atwater, Richard) (Entered: 03/24/2011)
03/24/2011 32 TEXT ORDER approving 31 Stipulation filed by Erie Painting & Maintenance
Inc. Second Amended Scheduling Order to be filed separately. SO ORDERED.
Issued by Hon. Leslie G. Foschio on 3/24/2011. (SDW) (Entered: 03/24/2011)
03/24/2011 33 SECOND AMENDED SCHEDULING ORDER (Please Note: This docket text
may not contain the entire contents of the attached Order. It is your responsibilityto read the attached Order and download it for future reference. Direct any
questions to the Chambers of the Judge who entered this Order.) Discovery
completed by 6/30/2011. Plaintiff Expert Witness ID due by 6/30/2011. Motions to
Compel Discovery due by 7/13/2011. Defendant Expert Witness ID due by
7/29/2011. Dispositive Motions due by 10/28/2011. Mediation To End by
11/30/2011.. Signed by Hon. Leslie G. Foschio on 3/24/2011. (SDW) (Entered:
03/25/2011)
06/14/2011 34 STIPULATION re 33 Scheduling Order,, and [Proposed] Order by Illinois Union
Insurance Company. (Attachments: # 1 Certificate of Service)(Nowicki, Brent)
(Entered: 06/14/2011)
06/15/2011 35 TEXT ORDER approving re 34 Stipulation filed by Illinois Union Insurance
Company. Third Amended Scheduling Order to be filed separately. SO
ORDERED. Issued by Hon. Leslie G. Foschio on 6/15/2011. (SDW) (Entered:
06/15/2011)
06/15/2011 36 THIRD AMENDED SCHEDULING ORDER (Please Note: This docket text may
not contain the entire contents of the attached Order. It is your responsibility to
read the attached Order and download it for future reference. Direct any questions
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to the Chambers of the Judge who entered this Order.) Discovery completed by
9/16/2011. Plaintiff Expert Witness ID due by 9/16/2011. Motions to Compel
Discovery due by 9/30/2011. Defendant Expert Witness ID due by 10/14/2011.
Dispositive Motions due by 1/16/2012. Mediation To End by 2/24/2012.. Signed
by Hon. Leslie G. Foschio on 6/15/2011. (SDW) (Entered: 06/17/2011)
09/13/2011 37 MOTION to Compel by Illinois Union Insurance Company. (Attachments: # 1
Declaration, # 2 Memorandum in Support, # 3 Certificate of Service)(Cummings,Ryan) (Entered: 09/13/2011)
09/16/2011 38 MOTION for Extension of Time to Complete Discovery by Erie Painting &
Maintenance Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit
I)(Atwater, Richard) (Entered: 09/16/2011)
09/19/2011 39 ORDER re 38 MOTION for Extension of Time to Complete Discovery filed by
Erie Painting & Maintenance Inc., 37 MOTION to Compel filed by Illinois Union
Insurance Company. Responses due by 9/29/2011. Replies due by 10/4/2011. Oral
Argument set for 10/12/2011 02:00 PM before Hon. Leslie G. Foschio. Signed by
Hon. Leslie G. Foschio on 9/19/2011. (SDW) (Entered: 09/19/2011)
09/29/2011 40 DECLARATION filed by Erie Painting & Maintenance Inc. in response to Motion
by Illinois Union Insurance Company (Docket 37) filed by Erie Painting &
Maintenance Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Atwater, Richard) (Entered: 09/29/2011)
09/29/2011 41 DECLARATION re 38 MOTION for Extension of Time to Complete Discovery
filed by Illinois Union Insurance Company in Opposition filed by Illinois Union
Insurance Company. (Attachments: # 1 Certificate of Service)(Nowicki, Brent)
(Entered: 09/29/2011)
10/12/2011 42 Minute and Order. Proceedings held before Hon. Leslie G. Foschio: Oral
Argument held on 10/12/2011. Court DENIED 37 Motion to Compel and
DISISSED 38 Motion for Extension of Time to Complete Discovery. Amended
Scheduling Order to be filed separately. Appearances: Pltf-Richard Atwater, Esq.,
Dft-Brent Nowicki, Esq. (Court Reporter FTR Gold.) (SDW) (Entered:
10/14/2011)
10/17/2011 43 FOURTH AMENDED SCHEDULING ORDER (Please Note: This docket text
may not contain the entire contents of the attached Order. It is your responsibility
to read the attached Order and download it for future reference. Direct any
questions to the Chambers of the Judge who entered this Order.) Discoverycompleted by 11/23/2011. Motions to Compel Discovery due by 12/2/2011.
Dispositive Motions due by 1/16/2012. Mediation To End by 2/24/2012.. Signed
by Hon. Leslie G. Foschio on 10/14/2011. (SDW) (Entered: 10/17/2011)
01/16/2012 44 MOTION for Summary Judgment by Illinois Union Insurance Company.
(Attachments: # 1 Statement of Undisputed Facts, # 2 Appendix Rule 56
Appendix, Tab 1, (# 3 Appendix Rule 56 Appendix, Replaced with #5 correction
Tab 2), # 4 Memorandum in Support)(Cummings, Ryan) (Additional attachment(s)
added on 2/28/2012: # 5 Corrected Declaration) (DLC). Modified on 2/28/2012
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(DLC). (Entered: 01/16/2012)
01/17/2012 45 MOTION for Summary Judgment by Erie Painting & Maintenance Inc..
(Attachments: # 1 Statement of Undisputed Facts, # 2 Exhibit A (Part 1), # 3
Exhibit A (Part 2), # 4 Exhibit A (Part 3), # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit
D, # 8 Exhibit E (Part 1), # 9 Exhibit E (Part 2), # 10 Exhibit E (Part 3), # 11
Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J, # 16
Exhibit K, # 17 Exhibit L, # 18 Exhibit M, # 19 Memorandum in Support, # 20Certificate of Service)(Atwater, Richard) (Entered: 01/17/2012)
01/20/2012 46 SCHEDULING NOTICE on 4445 Motions for Summary Judgment. Response
due by 2/17/2012. Replies due by 3/5/2012. Oral Argument will be scheduled by
the Court as necessary. (MEAL) (Entered: 01/20/2012)
02/13/2012 47 Consent MOTION to Amend/Correct 44 MOTION for Summary Judgment by
Illinois Union Insurance Company. (Attachments: # 1 Affidavit Ryan K.
Cummings)(Cummings, Ryan) (Entered: 02/13/2012)
02/17/2012 48 MEMORANDUM in Opposition re 44 MOTION for Summary Judgment filed by
Erie Painting & Maintenance Inc.. (Attachments: # 1 Certificate of Service)(Atwater, Richard) (Entered: 02/17/2012)
02/17/2012 49 REPLY/RESPONSE to re 44 MOTION for Summary JudgmentRule 56 Opposing
Statement of Facts filed by Erie Painting & Maintenance Inc.. (Attachments: # 1
Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit, # 5 Exhibit, # 6
Exhibit, # 7 Exhibit Part 1, # 8 Exhibit Part 2, # 9 Exhibit Part 3, # 10 Exhibit, # 11
Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17
Exhibit, # 18 Certificate of Service)(Atwater, Richard) (Entered: 02/17/2012)
02/17/2012 50 MOTION to Strike 45 MOTION for Summary Judgment by Illinois Union
Insurance Company. (Attachments: # 1 Memorandum in Support, # 2 Affidavit)(Cummings, Ryan) (Entered: 02/17/2012)
02/17/2012 51 RESPONSE in Opposition re 45 MOTION for Summary Judgment filed by Illinois
Union Insurance Company. (Attachments: # 1 Statement of Undisputed Facts
Illinois Union's Response to Erie Painting's Rule 56 Statement, # 2 Certificate of
Service)(Cummings, Ryan) (Entered: 02/17/2012)
02/21/2012 E-Filing Notification: Missing case caption, Court name and case number. For
future reference include on Certificate of Service)(Atwater, Richard) (DLC)
(Entered: 02/21/2012)
02/23/2012 52 TEXT ORDER. IT HEREBY IS ORDERED THAT. the Defendant's 47 Motion toAmend/Correct Docket Number 44-3 (Tab 2 of Illinois Union Insurance
Company's Rule 56 Appendix) to include the full Stephen M. Kamoroff
Declaration is GRANTED. FURTHER, that the Defendant is directed to provide
the Clerk of the Court with a CD with the Full Declaration no later than close of
business 2/24/2012. FURTHER, upon receipt of the requisite CD, the Clerk of the
Court is DIRECTED to replace Document 44-3. SO ORDERED. Issued by
William M. Skretny, Chief Judge U.S.D.C. on 2/20/2012. (MEAL) (Entered:
02/23/2012)
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02/23/2012 53 SCHEDULING NOTICE on 50 Motion to Strike. Response due by 3/5/2012.
Reply due by 3/15/2012. Oral Argument will be scheduled by the Court as
necessary. (MEAL) (Entered: 02/23/2012)
03/05/2012 54 REPLY/RESPONSE to re 51 Response in Opposition to Motion,Reply
Memorandum of Law in Response to Defendant's Opposition to Plaintiff's Motion
for Summary Judgmentfiled by Erie Painting & Maintenance Inc.. (Attachments: #
1 Certificate of Service)(Atwater, Richard) (Entered: 03/05/2012)
03/05/2012 55 MOTION for Discovery to Permit Plaintiff to Supplement its Rule 26 Disclosure
and Interrogatory Answers by Erie Painting & Maintenance Inc.. (Attachments: #
1 Declaration of R. Scott Atwater, Esq., # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit
C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Memorandum in Support, # 9
Certificate of Service)(Atwater, Richard) (Entered: 03/05/2012)
03/05/2012 56 RESPONSE in Support re 44 MOTION for Summary Judgment filed by Illinois
Union Insurance Company. (Attachments: # 1 Rule 56(a)(2) Response to Erie
Painting's Rule 56(a)(2) Counterstatements of Uncontested Facts, # 2 Declaration
of Ryan K. Cummings with Exhibits A-C, # 3 Certificate of Service)(Cummings,Ryan) (Entered: 03/05/2012)
03/07/2012 57 NOTICE of Appearance by Brent John Nowicki on behalf of Illinois Union
Insurance Company (Attachments: # 1 Certificate of Service)(Nowicki, Brent)
(Entered: 03/07/2012)
03/07/2012 58 MOTION to Strike 54 Reply/Response, by Illinois Union Insurance Company.
(Attachments: # 1 Memorandum in Support of Motion to Strike Erie Painting's
Reply Brief, # 2 Certificate of Service)(Nowicki, Brent) (Entered: 03/07/2012)
03/08/2012 59 SCHEDULING NOTICE on Plaintiff's 55 Motion to Supplement its Rule 26
disclosures and interrogatory answers and Defendant's 58 Motion to StrikePlaintiff's 43 reply brief. Responses due by 3/26/2012. Replies due by 4/5/2012.
Oral Argument will be scheduled by the Court as necessary. (MEAL) (Entered:
03/08/2012)
03/15/2012 60 REPLY to Response to Motion re 50 MOTION to Strike 45 MOTION for
Summary Judgment filed by Illinois Union Insurance Company. (Attachments: # 1
Affidavit Ryan K. Cummings, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5
Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Certificate of Service)(Cummings,
Ryan) (Entered: 03/15/2012)
03/26/2012 61 MOTION for Leave to FileAmended Reply Memorandum of Law by Erie Painting
& Maintenance Inc.. (Attachments: # 1 Exhibit A, # 2 Declaration of R. ScottAtwater, Esq., # 3 Certificate of Service)(Atwater, Richard) (Entered: 03/26/2012)
03/26/2012 62 MOTION to Strike 44 MOTION for Summary Judgment, 56 Response in Support
of Motion, 51 Response in Opposition to Motion, by Erie Painting & Maintenance
Inc.. (Attachments: # 1 Declaration of R. Scott Atwater, Esq., # 2 Exhibit A, # 3
Exhibit B, # 4 Exhibit C, # 5 Certificate of Service)(Atwater, Richard) (Entered:
03/26/2012)
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03/26/2012 63 MEMORANDUM in Opposition re 58 MOTION to Strike 54 Reply/Response,
and MEMORANDUM in Support61 Cross-Motion to File Amended Reply
Memorandum and62 Cross-Motion to Strike All of Defendant's Memoranda of
Law filed by Erie Painting & Maintenance Inc.. (Attachments: # 1 Certificate of
Service)(Atwater, Richard) (Entered: 03/26/2012)
03/26/2012 64 MEMORANDUM in Opposition re 55 MOTION for Discovery to Permit Plaintiff
to Supplement its Rule 26 Disclosure and Interrogatory Answers filed by IllinoisUnion Insurance Company. (Attachments: # 1 Certificate of Service)(Cummings,
Ryan) (Entered: 03/26/2012)
04/05/2012 65 DECLARATION re 55 MOTION for Discovery to Permit Plaintiff to Supplement
its Rule 26 Disclosure and Interrogatory Answers filed by Erie Painting &
Maintenance Inc. filed by Erie Painting & Maintenance Inc.. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Reply Memorandum of Law in Support of its Motion
to Supplement, # 4 Certificate of Service)(Atwater, Richard) (Entered: 04/05/2012)
04/05/2012 66 REPLY to Response to Motion re 61 MOTION for Leave to FileAmended Reply
Memorandum of Law, 58 MOTION to Strike 54 Reply/Response, filed by IllinoisUnion Insurance Company. (Attachments: # 1 Certificate of Service)(Cummings,
Ryan) (Entered: 04/05/2012)
04/09/2012 67 MOTION for Leave to File Sur-Reply Memorandum of Law, a Supplemental Rule
56.1 Statement, and Declaration of Counsel Authenticating Documents to be
Submittedby Erie Painting & Maintenance Inc.. (Attachments: # 1 Declaration of
R. Scott Atwater, Esq., # 2 Memorandum in Support, # 3 Certificate of Service)
(Atwater, Richard) (Entered: 04/09/2012)
04/12/2012 68 REPLY/RESPONSE to re 61 MOTION for Leave to FileAmended Reply
Memorandum of Law filed by Erie Painting & Maintenance Inc.. (Attachments: # 1
Certificate of Service)(Atwater, Richard) (Entered: 04/12/2012)
04/13/2012 69 RESPONSE in Opposition re 62 MOTION to Strike 44 MOTION for Summary
Judgment, 56 Response in Support of Motion, 51 Response in Opposition to
Motion, MOTION to Strike 44 MOTION for Summary Judgment, 56 Response in
Support of Motion, 51 Response in Opposition to Motion, filed by Illinois Union
Insurance Company. (Attachments: # 1 Affidavit Declaration of Ryan K.
Cummings, # 2 Certificate of Service)(Cummings, Ryan) (Entered: 04/13/2012)
04/13/2012 70 MEMORANDUM in Opposition re 67 MOTION for Leave to File Sur-Reply
Memorandum of Law, a Supplemental Rule 56.1 Statement, and Declaration of
Counsel Authenticating Documents to be Submittedfiled by Illinois UnionInsurance Company. (Attachments: # 1 Certificate of Service)(Cummings, Ryan)
(Entered: 04/13/2012)
04/20/2012 71 REPLY to Response to Motion re 62 MOTION to Strike 44 MOTION for
Summary Judgment, 56 Response in Support of Motion, 51 Response in
Opposition to Motion, MOTION to Strike 44 MOTION for Summary Judgment,
56 Response in Support of Motion, 51 Response in Opposition to Motion, filed by
Erie Painting & Maintenance Inc.. (Attachments: # 1 Certificate of Service)
(Atwater, Richard) (Entered: 04/20/2012)
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04/20/2012 72 REPLY to Response to Motion re 67 MOTION for Leave to File Sur-Reply
Memorandum of Law, a Supplemental Rule 56.1 Statement, and Declaration of
Counsel Authenticating Documents to be Submittedfiled by Erie Painting &
Maintenance Inc.. (Attachments: # 1 Certificate of Service)(Atwater, Richard)
(Entered: 04/20/2012)
05/09/2012 73 TEXT ORDER
IT HEREBY IS ORDERED THAT the parties shall submit to chambers, no later
than May 18, 2012, courtesy copies of their respective filings in connection with
Defendant's 44 Motion for Summary Judgment, Plaintiff's 45 Motion for Summary
Judgment, Defendant's 50 Motion to Strike Plaintiff's Motion for Summary
Judgment, Plaintiff's 55 Motion for Discovery, Defendant's 58 Motion to Strike
Plaintiff's Response/Reply, Plaintiff's 61 Motion for Leave to File Amended Reply,
Plaintiff's 62 Motion to Strike Defendant's Motion for Summary Judgment, and
Plaintiff's 67 Motion for Leave to file Sur-Reply.
SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 5/9/2012.
(CMD) (Entered: 05/09/2012)
06/25/2012 74 DECISION AND ORDER DENYING Defendant's 44 Motion for Summary
Judgment; DENYING Plaintiff's 45 Motion for Summary Judgment; GRANTING
in part and DENYING in part Defendant's 50 Motion to Strike; GRANTING
Plaintiff's 55 Motion to Supplement Discovery; DENYING Defendant's 58 Motion
to Strike Plaintiff's Reply Memorandum; DENYING Plaintiff's 61 Motion to File
an Amended Reply Memorandum; DENYING Plaintiff's 62 Motion to Strike
Defendant's Memoranda; DENYING Plaintiff's 67 Motion to File a Sur-Reply.
Signed by William M. Skretny, Chief Judge U.S.D.C. on 6/23/2012. (MEAL)
(Entered: 06/25/2012)
06/29/2012 75 SCHEDULING NOTICE. A Status Conference is scheduled for 7/12/2012 at
11:00 AM before William M. Skretny, Chief Judge. (MEAL) (Entered:
06/29/2012)
07/10/2012 76 NOTICE of Appearance by Daniel T. Hunter on behalf of Erie Painting &
Maintenance Inc. (Attachments: # 1 Certificate of Service)(Hunter, Daniel)
(Entered: 07/10/2012)
07/10/2012 77 MOTION Adjournment of status conference by Erie Painting & Maintenance Inc..
(Attachments: # 1 Declaration, # 2 Text of Proposed Order, # 3 Certificate of
Service)(Hunter, Daniel) (Entered: 07/10/2012)
07/11/2012 E-Filing Notification: Document contains so ordered line and should be submitted
via e-mail to the assigned judge. Refer to page 9 of the Administrative Guide for
e-mail addresses. No action required re 77 MOTION Adjournment of status
conference with proposed order attached. (DLC) (Entered: 07/11/2012)
07/11/2012 78 TEXT ORDER. IT HEREBY IS ORDERED THAT, the Plaintiff's 77 Motion to
Adjourn the Status Conference scheduled for 7/12/2012 is GRANTED. A Status
Conference is now scheduled for 8/6/2012 at 9:00 AM before William M. Skretny,
Chief Judge U.S.D.C. SO ORDERED. Issued by William M. Skretny, Chief Judge
M/ECF LIVE - U.S. District Court:nywd https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?92643178736
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7/31/2019 ERIE PAINTING & MAINTENANCE INC. v. ILLINOIS UNION INSURANCE COMPANY Docket
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U.S.D.C. on 7/11/2012. (MEAL) (Entered: 07/11/2012)
08/02/2012 79 MOTION for Leave to Appeal by Illinois Union Insurance Company.
(Attachments: # 1 Memorandum in Support Memorandum of Law)(Cummings,
Ryan) (Entered: 08/02/2012)
M/ECF LIVE - U.S. District Court:nywd https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?92643178736