ZURICH AMERICAN INSURANCE COMPANY v. ACE AMERICAN INSURANCE COMPANY, Et Al Docket CA Court

CM/ECF - California Central District https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?813638378796...
(MANx), DISCOVERY, MANADR, STAYED
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

(Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:10-cv-09369-GW -MAN
Zurich American Insurance Company v. ACE American Date Filed: 12/07/2010

Insurance Company, et al. Jury Demand: Defendant
Assigned to: Judge George H Wu Nature of Suit: 110 Insurance
Referred to: Magistrate Judge Margaret A. Nagle Jurisdiction: Diversity
Case in other court: North Carolina Western, 3:10-cv-00101
Cause: 28:1332 Diversity-Insurance Contract
Plaintiff
Zurich American Insurance represented by Edward Taylor Stukes
Company Nexsen Pruet Adams
201 South Tryon Street
Suite 1200
Charlotte, NC 28209
704-338-5316
ATTORNEY TO BE NOTICED
Melanie M Smith
Selman Breitman
550 West C Street, Suite 1950
San Diego, CA 92101
619-564-3600
Email: msmith@selmanbreitman.com
James W Bryan
Nexsen, Pruet, PLLC
P.O. Box 3463
Greensboro, NC 27402
336-373-1600
Fax: 336-273-5357
V.
Defendant
1 of 10 2/10/11 11:27 AM
Ace American Insurance Company represented by Amanda Macy Lorenz

Cozen O'Connor
501 West Broadway Suite 1610
San Diego, CA 92101
619-234-1700
Fax: 619-234-7831
Email: alorenz@cozen.com
Charles Edward Wheeler

Cozen O'Connor
501 West Broadway Suite 1610
San Diego, CA 92101
619-234-1700
Fax: 619-234-7831
Email: cwheeler@cozen.com
Tracy L. Eggleston
Cozen & O'Conner
One Wachovia Center, Suite 2100
301 S. College St.
Charlotte, NC 28202
704-376-3400
Fax: 704-334-3351
TERMINATED: 12/21/2010
Defendant
Compass Holdings, Inc. represented by Kathleen H Dooley
Drinker Biddle & Shanley
500 Campus Dr
Florham Park, NJ 07932-1047
973-360-1100
LEAD ATTORNEY
Ann Terrell Dorsett

McGuireWoods LLP
100 N. Tryon Street, Suite 2900
Charlotte, NC 28202
704-343-2212
Fax: 704-444-8733
2 of 10 2/10/11 11:27 AM
Patricia L Victory
McGuireWoods
1800 Century Park East 8th Floor
Los Angeles, CA 90067
310-315-8200
Fax: 310-315-8210
Email: pvictory@mcguirewoods.com
Defendant
Crothall Services Group represented by Kathleen H Dooley
Drinker Biddle & Shanley
500 Campus Drive
Florham Park, NJ 07932-1047
973-360-1100
LEAD ATTORNEY
Ann Terrell Dorsett

McGuireWoods LLP
100 North Tryon Street Suite 2900
Charlotte, NC 28202
704-343-2212
Fax: 704-444-8733
Patricia L Victory
(See above for address)
Counter Claimant
Ace American Insurance Company represented by Amanda Macy Lorenz
Charles Edward Wheeler

Tracy L. Eggleston
TERMINATED: 12/21/2010
3 of 10 2/10/11 11:27 AM
V.
Counter Defendant
Zurich American Insurance represented by Edward Taylor Stukes
Company (See above for address)
James W Bryan
Date Filed # Docket Text

03/05/2010 1 COMPLAINT against ACE American Insurance Company, Compass Holdings,
Inc., Crothall Services Group ( Filing fee $ 350 receipt number 0419-1011949),
filed by Zurich American Insurance Company. (Attachments: # 1 Exhibit 1, # 2
Exhibit 2)(Bryan, James) [Transferred from North Carolina Western on
12/7/2010.] (Entered: 03/05/2010)
03/05/2010 2 Corporate Disclosure Statement by Zurich American Insurance Company
(Bryan, James) [Transferred from North Carolina Western on 12/7/2010.]
(Entered: 03/05/2010)
03/09/2010 Case assigned to Chief Judge Robert J. Conrad, Jr and Magistrate Judge David
Keesler. This is your only notice - you will not receive a separate
document.(gpb) [Transferred from North Carolina Western on 12/7/2010.]
(Entered: 03/09/2010)
03/09/2010 3 Summons Issued Electronically as to ACE American Insurance Company,
Compass Holdings, Inc., Crothall Services Group. NOTICE: Counsel shall
print the summons and serve with other case opening documents in
accordance with Fed.R.Civ.P.4 . (gpb) [Transferred from North Carolina
Western on 12/7/2010.] (Entered: 03/09/2010)
03/24/2010 4 NOTICE of Appearance by Kathleen H Dooley on behalf of Compass Holdings,
Inc., Crothall Services Group (Dooley, Kathleen) [Transferred from North
Carolina Western on 12/7/2010.] (Entered: 03/24/2010)
03/24/2010 5 Unopposed MOTION for Extension of Time to File Response/Reply as to 1
Complaint, by Compass Holdings, Inc., Crothall Services Group.Responses due
by 4/12/2010. (Attachments: # 1 Proposed Order)(Dooley, Kathleen). Motions
referred to David Keesler. [Transferred from North Carolina Western on
12/7/2010.] (Entered: 03/24/2010)
03/24/2010 6 NOTICE of Appearance by Ann Terrell Dorsett on behalf of Compass Holdings,
Inc., Crothall Services Group (Dorsett, Ann) [Transferred from North Carolina
4 of 10 2/10/11 11:27 AM

03/25/2010 7 ORDER granting 5 Motion for Extension of Time to File Answer to
Complaint. Signed by Magistrate Judge David Keesler on 3/24/10. (gpb)
[Transferred from North Carolina Western on 12/7/2010.] (Entered: 03/25/2010)
03/25/2010 Set/Reset Deadlines: Compass Holdings, Inc. answer due 5/5/2010; Crothall
Services Group answer due 5/5/2010. (gpb) Modified on 3/25/2010 to correct
parties. (gpb). [Transferred from North Carolina Western on 12/7/2010.]
(Entered: 03/25/2010)
03/25/2010 8 NOTICE of Appearance by Edward Taylor Stukes on behalf of Zurich American
Insurance Company (Stukes, Edward) [Transferred from North Carolina
04/05/2010 9 ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against
Zurich American Insurance Company by ACE American Insurance Company.
(Eggleston, Tracy) (Additional attachment(s) added on 4/6/2010: # 1 Exhibit A -
ACE Excess Policy) (com). Regenerated NEF. [Transferred from North Carolina
04/05/2010 10 Document deleted and added as an attachment to doc no 9 on 4/6/2010 (com).
04/05/2010 11 Corporate Disclosure Statement by ACE American Insurance Company
(Eggleston, Tracy) [Transferred from North Carolina Western on 12/7/2010.]
(Entered: 04/05/2010)
04/26/2010 12 ANSWER to 9 Answer to Complaint, Counterclaim,, of ACE American
Insurance Company by Zurich American Insurance Company.(Bryan, James)
05/05/2010 13 Unopposed MOTION for Extension of Time to File Response/Reply as to 1
Complaint, by Compass Holdings, Inc., Crothall Services Group.Responses due
by 5/24/2010. (Attachments: # 1 Proposed Order)(Dorsett, Ann). Motions
referred to David Keesler. [Transferred from North Carolina Western on
12/7/2010.] (Entered: 05/05/2010)
05/05/2010 14 ORDER granting 13 Motion for Extension of Time to File Response/Reply
re 13 Unopposed MOTION for Extension of Time to File Response/Reply as
to 1 Complaint, Responses due by 6/7/2010.. Signed by Magistrate Judge
David Keesler on 5/5/10. (ssh) [Transferred from North Carolina Western on
12/7/2010.] (Entered: 05/06/2010)
06/07/2010 15 ANSWER to 1 Complaint, by Compass Holdings, Inc., Crothall Services Group.
(Dorsett, Ann) [Transferred from North Carolina Western on 12/7/2010.]
(Entered: 06/07/2010)
06/07/2010 16 Corporate Disclosure Statement by Compass Holdings, Inc. (Dorsett, Ann)
5 of 10 2/10/11 11:27 AM
06/07/2010 17 Corporate Disclosure Statement by Crothall Services Group (Dorsett, Ann)

06/30/2010 18 CERTIFICATION of initial attorney conference and discovery plan by counsel
for Zurich American Ins. Co. (Bryan, James) [Transferred from North Carolina
07/29/2010 19 MOTION to Change Venue by ACE American Insurance Company.Responses
due by 8/16/2010. (Attachments: # 1 Proposed Order)(Eggleston, Tracy).
Motions referred to David Keesler. [Transferred from North Carolina Western
on 12/7/2010.] (Entered: 07/29/2010)
07/29/2010 20 MEMORANDUM in Support re 19 MOTION to Change Venue by ACE
American Insurance Company. (Attachments: # 1 Exhibit A: Amended
Complaint filed in Rosie Mae Weathersby v. JohnsonDiversey, Inc., et.al., Case
No. 2:08 CV 01196 (U.S. Dist.Ct., C.D. Cal.), # 2 Exhibit B: Affidavit of
Wellington H. Cleaver, Jr., # 3 Exhibit C: Management Services Agreement, # 4
Exhibit D: Certificate of Qualification)(Eggleston, Tracy) [Transferred from
North Carolina Western on 12/7/2010.] (Entered: 07/29/2010)
08/06/2010 21 Consent MOTION for Extension of Time to File Response/Reply to ACE's
Motion to Transfer Venue by Zurich American Insurance Company.Responses
due by 8/23/2010. (Bryan, James). Motions referred to David Keesler.
re 19 MOTION to Change Venue. Responses due by 8/23/2010. Signed by
Magistrate Judge David Keesler on 8/6/10. (gpb) [Transferred from North
Carolina Western on 12/7/2010.] (Entered: 08/06/2010)
08/23/2010 23 RESPONSE in Opposition re 19 MOTION to Change Venue of ACE American
Insurance Company by Zurich American Insurance Company. Replies due by
9/2/2010. (Bryan, James) [Transferred from North Carolina Western on
12/7/2010.] (Entered: 08/23/2010)
08/23/2010 24 MEMORANDUM in Opposition re 19 MOTION to Change Venue of ACE
American Insurance Company by Zurich American Insurance Company. Replies
due by 9/2/2010. (Attachments: # 1 Appendix Appendix for 16 exhibits, # 2
Exhibit Exhibit 1 (Part A - 25 pages), # 3 Exhibit Exhibit 1 (Part B - 25 pages),
# 4 Exhibit Exhibit 1 (Part C - 25 pages), # 5 Exhibit Exhibit 1 (Part D - 25
pages), # 6 Exhibit Exhibit 1 (Part E - 25 pages), # 7 Exhibit Exhibit 1 (Part F -
5 pages), # 8 Exhibit Exhibit 2, # 9 Exhibit Exhibit 3, # 10 Exhibit Exhibit 4, #
11 Exhibit Exhibit 5, # 12 Exhibit Exhibit 6, # 13 Exhibit Exhibit 7, # 14 Exhibit
Exhibit 8, # 15 Exhibit Exhibit 9, # 16 Exhibit Exhibit 10, # 17 Exhibit Exhibit
11, # 18 Exhibit Exhibit 12, # 19 Exhibit Exhibit 13, # 20 Exhibit Exhibit 14, #
21 Exhibit Exhibit 15, # 22 Exhibit Exhibit 16)(Bryan, James) [Transferred from
North Carolina Western on 12/7/2010.] (Entered: 08/23/2010)
6 of 10 2/10/11 11:27 AM
08/24/2010 25 MOTION for Extension of Time to File Response/Reply as to 24 Memorandum

in Opposition to Motion,,, by ACE American Insurance Company.Responses
due by 9/10/2010. (Attachments: # 1 Proposed Order)(Eggleston, Tracy).
Motions referred to David Keesler. [Transferred from North Carolina Western
on 12/7/2010.] (Entered: 08/24/2010)
re Memorandum in Opposition to 19 MOTION to Change Venue. Replies
due by 9/13/2010. Signed by Magistrate Judge David Keesler on 8/24/10.
(gpb) [Transferred from North Carolina Western on 12/7/2010.] (Entered:
08/25/2010)
09/10/2010 27 REPLY to Response to Motion re 19 MOTION to Change Venue by ACE
American Insurance Company. (Attachments: # 1 Exhibit A: Affidavit of Tracy
L. Eggleston, Esq.)(Eggleston, Tracy) [Transferred from North Carolina Western
on 12/7/2010.] (Entered: 09/10/2010)
12/03/2010 28 ORDER granting 19 Motion to Transfer Venue to Central District of
California. Signed by Magistrate Judge David Keesler on 12/3/10. (gpb)
12/07/2010 29 ORIGINAL file, certified copy of transfer order and docket sheet received from
North Carolina Western (Entered: 12/07/2010)
12/07/2010 30 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formely case number:
3:10-cv-00101-RJC-DCK from USDC Western District of North Carolina. The
above-referenced case has been transferred to this district and assigned the
above civil case number 2:10-cv-09369 GW (MANx). (et) (Entered:
12/07/2010)
12/07/2010 31 NOTICE TO PARTIES OF ADR PROGRAM filed. (et) (Entered: 12/07/2010)
12/07/2010 32 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to
attorney Edward Taylor Stukes for Plaintiff Zurich American Insurance
Company, Counter Defendant Zurich American Insurance Company. Your Pro
Hac Vice application has not been received by the court. Please return your
completed Application of Non-Resident Attorney to Appear in a Specific Case,
form G-64, or a copy of the Notice of Electronic Filing of your application and
the $275.00 fee and this notice immediately. Out-of-state federal government
attorneys who are not employed by the U.S. Department of Justice are required
to file a Pro Hac Vice application; no filing fee is required. (et) (Entered:
12/07/2010)
attorney James W. Bryan for Plaintiff Zurich American Insurance Company,
Counter Defendant Zurich American Insurance Company. Your Pro Hac Vice
application has not been received by the court. Please return your completed
Application of Non-Resident Attorney to Appear in a Specific Case, form G-64,
7 of 10 2/10/11 11:27 AM
or a copy of the Notice of Electronic Filing of your application and the $275.00
fee and this notice immediately. Out-of-state federal government attorneys who
are not employed by the U.S. Department of Justice are required to file a Pro
Hac Vice application; no filing fee is required. (et) (Entered: 12/07/2010)
attorney Tracy L. Eggleston for Defendant Ace American Insurance Company,
Counter Claimant Ace American Insurance Company. Your Pro Hac Vice
application has not been received by the court. Please return your completed
Application of Non-Resident Attorney to Appear in a Specific Case, form G-64,
or a copy of the Notice of Electronic Filing of your application and the $275.00
fee and this notice immediately. Out-of-state federal government attorneys who
are not employed by the U.S. Department of Justice are required to file a Pro
Hac Vice application; no filing fee is required. (et) (Entered: 12/07/2010)
attorney Kathleen H Dooley for Defendants Compass Holdings, Inc., Crothall
Services Group. Your Pro Hac Vice application has not been received by the
court. Please return your completed Application of Non-Resident Attorney to
Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic
Filing of your application and the $275.00 fee and this notice immediately.
Out-of-state federal government attorneys who are not employed by the U.S.
Department of Justice are required to file a Pro Hac Vice application; no filing
fee is required. (et) (Entered: 12/07/2010)
attorney Ann Terrell Dorsett for Defendants Compass Holdings, Inc., Crothall
Services Group. Your Pro Hac Vice application has not been received by the
court. Please return your completed Application of Non-Resident Attorney to
Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic
Filing of your application and the $275.00 fee and this notice immediately.
Out-of-state federal government attorneys who are not employed by the U.S.
Department of Justice are required to file a Pro Hac Vice application; no filing
fee is required. (et) (Entered: 12/07/2010)
12/08/2010 37 STANDING ORDER Re Final Pre-Trial Conferences for Civil Jury Trials
BeforeJudge George H. Wu. You are instructed to read and to follow (unless
otherwise superseded herein) the Central District of California Local Rules
(henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements.
SEE ORDER FOR DETAILS. (rs) (Entered: 12/08/2010)
12/15/2010 38 NOTICE of Change of Attorney Information filed by Defendant/Counter
Claimant Ace American Insurance Company. (Lorenz, Amanda) (Entered:
12/15/2010)
12/17/2010 39 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents
RE: Notice (Other) 38 . The following error(s) was found: Incorrect event
8 of 10 2/10/11 11:27 AM
selected. The correct event is: CHANGE OF ATTORNEY INFORMATION

(G-06) under NOTICES. We also have the form G-06 on the Court's website.. In
response to this notice the court may order (1) an amended or correct document
to be filed (2) the document stricken or (3) take other action as the court deems
appropriate. You need not take any action in response to this notice unless and
until the court directs you to do so. (pj) (Entered: 12/17/2010)
12/22/2010 40 First EX PARTE APPLICATION to Stay Case pending action filed by
Plaintiff/Counter-Defendant Zurich American Insurance Company.
(Attachments: # 1 Memorandum, # 2 Declaration, # 3 Declaration, # 4 Exhibit,
# 5 Proposed Order, # 6 Certificate of Service)(Smith, Melanie) (Entered:
12/22/2010)
12/22/2010 41 OBJECTIONS Pursuant to Rule 72 filed by Plaintiff Zurich American Insurance
Company. (Smith, Melanie) (Entered: 12/22/2010)
01/18/2011 42 ORDER GRANTING PLAINTIFF/COUNTER-DEFENDANT ZURICH
AMERICAN INSURANCE COMPANY'S EX PARTE APPLICATION TO
STAY PROCEEDINGS by Judge George H Wu: IT IS HEREBY ORDERED
THAT: 1) Plaintiff/Counter-defendant Zurich American Company's Ex Parte
Application to Stay Proceedings is granted; 2) The instant matter is stayed
pending the outcome of Zurich American Insurance Company's objections in the
United States District Court for the Western District of North Carolina, Charlotte
Division Case No. 3:10-CV-00101, of until Februrary 14, 2011 at 8:30 a.m.,
granting 40 Ex Parte Application to Stay Case (bp) (Entered: 01/18/2011)
01/19/2011 43 MINUTE ORDER IN CHAMBERS by Judge George H Wu: re: Notice of
Filing Fee Due (PHV) 36 . On December 7, 2010, the Clerk for the U.S. District
Court issued a notice to attorney Ann Terrell Dorsett advising that her Pro Hac
Vice Application fee had not been paid. As of the date of this minute order, the
Pro Hac Vice application fee of $275 remains unpaid. If counsel fails to pay
within 21 days of this notice, the Clerk is directed to remove the applicants
name and address information from the docket. If the applicant believes
payment has been satisfied, please provide proof of payment to the Fiscal
Department. (cbr) (Entered: 01/19/2011)
Court issued a notice to attorney Kathleen H. Dooley advising that her Pro Hac
Vice Application fee had not been paid. As of the date of this minute order, the
Pro Hac Vice application fee of $275 remains unpaid. If counsel fails to pay
9 of 10 2/10/11 11:27 AM

Court issued a notice to attorney James W. Bryan advising that his Pro Hac Vice
Application fee had not been paid. As of the date of this minute order, the Pro
Hac Vice application fee of $275 remains unpaid. If counsel fails to pay within
21 days of this notice, the Clerk is directed to remove the applicants name and
address information from the docket. If the applicant believes payment has been
satisfied, please provide proof of payment to the Fiscal Department. (cbr)
(Entered: 01/19/2011)
Court issued a notice to attorney Edward Taylor Stukes advising that his Pro
Hac Vice Application fee had not been paid. As of the date of this minute order,
the Pro Hac Vice application fee of $275 remains unpaid. If counsel fails to pay
01/31/2011 47 NOTICE Of Ruling Ace American Insurance Company. Defendant/Counter-
Claimant (Wheeler, Charles) (Entered: 01/31/2011)
02/02/2011 48 NOTICE of Appearance filed by attorney Patricia L Victory on behalf of
Defendants Compass Holdings, Inc., Crothall Services Group (Victory, Patricia)
(Entered: 02/02/2011)
02/09/2011 49 APPLICATION for attorney Kathleen H. Dooley to Appear Pro Hac Vice(PHV
Fee of $275 receipt number 0973-8191515 paid.) filed by Defendant Compass
Holdings, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2
Proposed Order)(Victory, Patricia) (Entered: 02/09/2011)
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ZURICH AMERICAN INSURANCE COMPANY v. ACE AMERICAN INSURANCE COMPANY, Et Al Docket CA Court

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CM/ECF - California Central District https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?813638378796...

(MANx), DISCOVERY, MANADR, STAYED

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

Zurich American Insurance Company v. ACE American Date Filed: 12/07/2010

Ace American Insurance Company represented by Amanda Macy Lorenz

Charles Edward Wheeler

Ann Terrell Dorsett

Ann Terrell Dorsett

Charles Edward Wheeler

Date Filed # Docket Text

Western on 12/7/2010.] (Entered: 03/24/2010)

06/07/2010 17 Corporate Disclosure Statement by Crothall Services Group (Dorsett, Ann)

08/24/2010 25 MOTION for Extension of Time to File Response/Reply as to 24 Memorandum

selected. The correct event is: CHANGE OF ATTORNEY INFORMATION

01/19/2011 45 MINUTE ORDER IN CHAMBERS by Judge George H Wu: re: Notice of

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