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MEDIATION

U.S. DISTRICT COURT U.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 Plaintiff Erie Painting & Maintenance Inc. represented by Daniel T. Hunter Gross, Shuman, Brizdle & Gilllan, P.C. 465 Main Street Suite 600 Buffalo, NY 14203 716-854-4300 Fax: 716-854-2787 Email: dhunter@gross-shuman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard S. Atwater Gross, Shuman, Brizdle & Gilllan, P.C. 465 Main Street, Suite 600 Buffalo, NY 14203 716-854-4300 Fax: 716-854-2787 Email: satwater@gross-shuman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Trevor Michael Torcello Gross, Shuman, Brizdle & Gilllan, P.C. 465 Main Street Suite 600 Buffalo, NY 14203 716-854-4300 Fax: 716-854-2787 Email: ttorcello@gross-shuman.com ATTORNEY TO BE NOTICED V. Date Filed: 11/02/2009 Jury Demand: Plaintiff Nature of Suit: 110 Insurance Jurisdiction: Diversity

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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 14202 716-848-1665 Fax: 716-849-0349 Email: rcumming@hodgsonruss.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Brent John Nowicki Hodgson Russ LLP The Guaranty Building 140 Pearl Street Suite 100 Buffalo, NY 14202 716-848-1398 Fax: 716-819-4751 Email: bnowicki@hodgsonruss.com ATTORNEY TO BE NOTICED Patrick Tomovic Hodgson Russ, LLP The Guaranty Building 140 Pearl Street Suite 100 Buffalo, NY 14202 716-848-1496 Fax: 716-849-0349 Email: ptomovic@hodgsonruss.com ATTORNEY TO BE NOTICED Counter Claimant Illinois Union Insurance Company represented by Ryan K. Cummings (See above for address) LEAD ATTORNEY ATTORNEY 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 11/02/2009

Docket Text

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), led by Illinois Union Insurance Company. (Attachments: #(1) Summons, #(2) Complaint, #(3) Afdavit of Service, #(4) Exhibit B, #(5) Exhibit C, #(6) Exhibit D.) (DLC) (Entered: 11/04/2009) 2 CERTIFICATE OF SERVICE by Illinois Union Insurance Company re 1 Notice of Removal. (DLC) (Entered: 11/04/2009) 3 AUTOMATIC REFERRAL to Mediation. (DLC) (Entered: 11/04/2009) 4 ANSWER to Complaint, COUNTERCLAIM against Erie Painting & Maintenance Inc. by Illinois Union Insurance Company.(Cummings, Ryan) (Entered: 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) 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) 7 ANSWER to 4 Answer to Complaint, Counterclaim by Erie Painting & Maintenance Inc..(Atwater, Richard) (Entered: 11/16/2009) 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 led 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 ofce of the Magistrate Judge or the ofce of the Clerk of Court. IT IS SO ORDERED. Issued by Judge William M. Skretny on 11/17/2009. (JCD) (Entered: 11/17/2009) 10 DEMAND for Trial by Jury by Erie Painting & Maintenance Inc.. (Atwater, Richard) (Entered: 11/17/2009) 11 NOTICE of Appearance by Trevor Michael Torcello on behalf of Erie Painting & Maintenance Inc. (Torcello, Trevor) (Entered: 12/02/2009) 12 MOTION to Remand to State Court by Erie Painting & Maintenance Inc..(Torcello, Trevor) (Entered: 12/02/2009) 13 DECLARATION signed by Trevor M. Torcello led by Erie Painting & Maintenance Inc.. (Attachments: # 1 Exhibit A(1), # 2 Exhibit A(2), # 3 Exhibit B-F)(Torcello, Trevor) (Entered: 12/02/2009) 14 MEMORANDUM/BRIEF of Law by Erie Painting & Maintenance Inc.. (Torcello, Trevor) (Entered: 12/02/2009) 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) 16 ORDER re 12 MOTION to Remand to State Court led 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) 17 MEMORANDUM in Opposition re 12 MOTION to Remand to State Court led by Illinois Union Insurance Company. (Cummings, Ryan) (Entered: 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) 19 MEMORANDUM in Support re 12 MOTION to Remand to State Court Reply led by Erie Painting & Maintenance Inc.. (Atwater, Richard) (Entered:

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01/06/2010) 01/06/2010 20 DECLARATION re 12 MOTION to Remand to State Court led by Erie Painting & Maintenance Inc. led by Erie Painting & Maintenance Inc.. (Atwater, Richard) (Entered: 01/06/2010) 21 REPORT AND RECOMMENDATION re 12 MOTION to Remand to State Court led by Erie Painting & Maintenance Inc. Objections due fourteen days from receipt. Signed by Hon. Leslie G. Foschio on 4/12/2010. (SDW) (Entered: 04/12/2010) 22 TEXT ORDER No party led Objections to the Magistrate Judges Report and Recommendation within fourteen days of the date of its service, in accordance with 28 U.S.C. 636(b)(1)(C) and Local Rule 72.3(a)(3). Having carefully reviewed the Report and Recommendation, as well as the parties submissions, this Court agrees with the Magistrate Judges legal and factual conclusions and will therefore accept the Report and Recommendation. IT HEREBY IS ORDERED that the 21 Report and Recommendation is ACCEPTED. Further, that Plaintiffs 12 Motion to Remand to State Court is DENIED. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 5/4/2010. (MEAL) (Entered: 05/07/2010) 05/11/2010 23 ORDER. Scheduling Conference set for 6/22/2010 11:00 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 5/11/2010. (SDW) (Entered: 05/12/2010) 24 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Certicate of Service)(Cummings, Ryan) (Entered: 06/01/2010) 25 Minute Entry for proceedings held before Hon. Leslie G. Foschio: Scheduling Conference held on 6/22/2010. Case management order discussed, same to be led by the court. Appearances: Pltf-Scott Atwater, Esq.; Dft-Ryan Cummings, Esq., Brent Nowicki, Esq. (Court Reporter FTR Gold.) (SDW) (Entered: 06/22/2010) 26 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.) Stipulation of Selection of Mediator due by 7/22/2010. Mandatory Disclosures due by 8/2/2010. First Mediation Session due by 9/7/2010. Motions to Join Parties/Amend Pleadings due by 9/30/2010. Discovery completed by 1/31/2011. Plaintiff Expert Witness ID due by 2/1/2011. Motions to Compel Discovery due by 2/11/2011. Defendant Expert Witness ID due by 3/31/2011. Dispositive Motions due by 6/24/2011. Mediation To End by 7/29/2011.. Signed by Hon. Leslie G. Foschio on 6/23/2010. (SDW) (Entered:

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06/24/2010) 07/29/2010 12/21/2010 27 Stipulation-Selection of Mediator by Illinois Union Insurance Company. (Tomovic, Patrick) (Entered: 07/29/2010) 28 STIPULATION and [Proposed] Order by Erie Painting & Maintenance Inc., Illinois Union Insurance Company. (Attachments: # 1 Certicate of Service) (Nowicki, Brent) (Entered: 12/21/2010) 29 TEXT ORDER APPROVING 28 Stipulation led by Erie Painting & Maintenance Inc., Illinois Union Insurance Company to amend the June 23, 2010 Scheduling Order. First Amended Scheduling Order to be led separately. SO ORDERED. Issued by Hon. Leslie G. Foschio on 12/23/2010. (SDW) (Entered: 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) 31 STIPULATION and Proposed Order by Erie Painting & Maintenance Inc.. (Atwater, Richard) (Entered: 03/24/2011) 32 TEXT ORDER approving 31 Stipulation led by Erie Painting & Maintenance Inc. Second Amended Scheduling Order to be led separately. SO ORDERED. Issued by Hon. Leslie G. Foschio on 3/24/2011. (SDW) (Entered: 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 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 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) 34 STIPULATION re 33 Scheduling Order,, and [Proposed] Order by Illinois Union Insurance Company. (Attachments: # 1 Certicate of Service)(Nowicki, Brent) (Entered: 06/14/2011) 35 TEXT ORDER approving re 34 Stipulation led by Illinois Union Insurance Company. Third Amended Scheduling Order to be led separately. SO ORDERED. Issued by Hon. Leslie G. Foschio on 6/15/2011. (SDW) (Entered: 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 Certicate of Service)(Cummings, Ryan) (Entered: 09/13/2011) 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) 39 ORDER re 38 MOTION for Extension of Time to Complete Discovery led by Erie Painting & Maintenance Inc., 37 MOTION to Compel led 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) 40 DECLARATION led by Erie Painting & Maintenance Inc. in response to Motion by Illinois Union Insurance Company (Docket 37) led 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) 41 DECLARATION re 38 MOTION for Extension of Time to Complete Discovery led by Illinois Union Insurance Company in Opposition led by Illinois Union Insurance Company. (Attachments: # 1 Certicate of Service)(Nowicki, Brent) (Entered: 09/29/2011) 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 led separately. Appearances: Pltf-Richard Atwater, Esq., Dft-Brent Nowicki, Esq. (Court Reporter FTR Gold.) (SDW) (Entered: 10/14/2011) 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.) Discovery completed 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) 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). Modied 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, # 20 Certicate of Service)(Atwater, Richard) (Entered: 01/17/2012) 46 SCHEDULING NOTICE on 44 45 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) 47 Consent MOTION to Amend/Correct 44 MOTION for Summary Judgment by Illinois Union Insurance Company. (Attachments: # 1 Afdavit Ryan K. Cummings)(Cummings, Ryan) (Entered: 02/13/2012) 48 MEMORANDUM in Opposition re 44 MOTION for Summary Judgment led by Erie Painting & Maintenance Inc.. (Attachments: # 1 Certicate of Service) (Atwater, Richard) (Entered: 02/17/2012) 49 REPLY/RESPONSE to re 44 MOTION for Summary Judgment Rule 56 Opposing Statement of Facts led 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 Certicate of Service)(Atwater, Richard) (Entered: 02/17/2012) 50 MOTION to Strike 45 MOTION for Summary Judgment by Illinois Union Insurance Company. (Attachments: # 1 Memorandum in Support, # 2 Afdavit) (Cummings, Ryan) (Entered: 02/17/2012) 51 RESPONSE in Opposition re 45 MOTION for Summary Judgment led by Illinois Union Insurance Company. (Attachments: # 1 Statement of Undisputed Facts Illinois Union's Response to Erie Painting's Rule 56 Statement, # 2 Certicate of Service)(Cummings, Ryan) (Entered: 02/17/2012) E-Filing Notication: Missing case caption, Court name and case number. For future reference include on Certicate of Service)(Atwater, Richard) (DLC) (Entered: 02/21/2012) 52 TEXT ORDER. IT HEREBY IS ORDERED THAT. the Defendant's 47 Motion to Amend/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) 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 Judgment led by Erie Painting & Maintenance Inc.. (Attachments: # 1 Certicate of Service)(Atwater, Richard) (Entered: 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 Certicate of Service)(Atwater, Richard) (Entered: 03/05/2012) 56 RESPONSE in Support re 44 MOTION for Summary Judgment led 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 Certicate of Service)(Cummings, Ryan) (Entered: 03/05/2012) 57 NOTICE of Appearance by Brent John Nowicki on behalf of Illinois Union Insurance Company (Attachments: # 1 Certicate of Service)(Nowicki, Brent) (Entered: 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 Certicate of Service)(Nowicki, Brent) (Entered: 03/07/2012) 59 SCHEDULING NOTICE on Plaintiff's 55 Motion to Supplement its Rule 26 disclosures and interrogatory answers and Defendant's 58 Motion to Strike Plaintiff'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) 60 REPLY to Response to Motion re 50 MOTION to Strike 45 MOTION for Summary Judgment led by Illinois Union Insurance Company. (Attachments: # 1 Afdavit Ryan K. Cummings, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Certicate of Service)(Cummings, Ryan) (Entered: 03/15/2012) 61 MOTION for Leave to File Amended Reply Memorandum of Law by Erie Painting & Maintenance Inc.. (Attachments: # 1 Exhibit A, # 2 Declaration of R. Scott Atwater, Esq., # 3 Certicate of Service)(Atwater, Richard) (Entered: 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 Certicate 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 Support 61 Cross-Motion to File Amended Reply Memorandum and 62 Cross-Motion to Strike All of Defendant's Memoranda of Law led by Erie Painting & Maintenance Inc.. (Attachments: # 1 Certicate of Service)(Atwater, Richard) (Entered: 03/26/2012) 64 MEMORANDUM in Opposition re 55 MOTION for Discovery to Permit Plaintiff to Supplement its Rule 26 Disclosure and Interrogatory Answers led by Illinois Union Insurance Company. (Attachments: # 1 Certicate of Service)(Cummings, Ryan) (Entered: 03/26/2012) 65 DECLARATION re 55 MOTION for Discovery to Permit Plaintiff to Supplement its Rule 26 Disclosure and Interrogatory Answers led by Erie Painting & Maintenance Inc. led 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 Certicate of Service)(Atwater, Richard) (Entered: 04/05/2012) 66 REPLY to Response to Motion re 61 MOTION for Leave to File Amended Reply Memorandum of Law, 58 MOTION to Strike 54 Reply/Response, led by Illinois Union Insurance Company. (Attachments: # 1 Certicate of Service)(Cummings, Ryan) (Entered: 04/05/2012) 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 Submitted by Erie Painting & Maintenance Inc.. (Attachments: # 1 Declaration of R. Scott Atwater, Esq., # 2 Memorandum in Support, # 3 Certicate of Service) (Atwater, Richard) (Entered: 04/09/2012) 68 REPLY/RESPONSE to re 61 MOTION for Leave to File Amended Reply Memorandum of Law led by Erie Painting & Maintenance Inc.. (Attachments: # 1 Certicate of Service)(Atwater, Richard) (Entered: 04/12/2012) 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, led by Illinois Union Insurance Company. (Attachments: # 1 Afdavit Declaration of Ryan K. Cummings, # 2 Certicate of Service)(Cummings, Ryan) (Entered: 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 Submitted led by Illinois Union Insurance Company. (Attachments: # 1 Certicate of Service)(Cummings, Ryan) (Entered: 04/13/2012) 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, led by Erie Painting & Maintenance Inc.. (Attachments: # 1 Certicate 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 Submitted led by Erie Painting & Maintenance Inc.. (Attachments: # 1 Certicate of Service)(Atwater, Richard) (Entered: 04/20/2012) 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 lings 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 le Sur-Reply. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 5/9/2012. (CMD) (Entered: 05/09/2012)

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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) 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) 76 NOTICE of Appearance by Daniel T. Hunter on behalf of Erie Painting & Maintenance Inc. (Attachments: # 1 Certicate of Service)(Hunter, Daniel) (Entered: 07/10/2012) 77 MOTION Adjournment of status conference by Erie Painting & Maintenance Inc.. (Attachments: # 1 Declaration, # 2 Text of Proposed Order, # 3 Certicate of Service)(Hunter, Daniel) (Entered: 07/10/2012) E-Filing Notication: 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) 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

06/29/2012

07/10/2012

07/10/2012

07/11/2012

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CM/ECF LIVE - U.S. District Court:nywd

https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?92643178736234...

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)

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