ACE AMERICAN INSURANCE CORPORATION Et Al v. AURORA Docket

CM/ECF - U.S.
District Court:cod
https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?1068834815351...
CONMAG, LEAD, STLMT, TERMED
U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:08-cv-01236-CBS -BNB
ACE American Insurance Corporation et al v. Aurora Organic Dairy Corporation Assigned to: Magistrate Judge Craig B. Shaffer Referred to: Magistrate Judge Boyd N. Boland Member case: (View Member Case) Cause: 28:2201 Declaratory Judgment Plaintiff ACE American Insurance Corporation a Pennsylvania corporation represented by Debora L. Verdier Sanders & Parks, P.C. 3030 North Third Street #1300 Phoenix, AZ 85012-3099 602-532-5600 Fax: 602-230-5097 Email: Debora.Verdier@SandersParks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Garrick Lloyd Gallagher Sanders & Parks, P.C. 3030 North Third Street #1300 Phoenix, AZ 85012-3099 602-532-5600 Fax: 602-532-5700 Email: Garrick.Gallagher@SandersParks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Indemnity Insurance Company of North America a Pennsylvania corporation represented by Debora L. Verdier (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed: 06/10/2008 Date Terminated: 10/03/2011 Jury Demand: Defendant Nature of Suit: 110 Insurance Jurisdiction: Diversity
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Garrick Lloyd Gallagher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff National Surety Corporation an Illinois corporation represented by Bethany K. Culp Hinshaw & Culbertson, LLP-Minneapolis 333 South 7th Street Accenture Tower #2000 Minneapolis, MN 55402 612-333-2596 Fax: 612-334-8888 Email: bculp@hinshawlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel N. West Hinshaw & Culbertson, LLP-Minneapolis 333 South 7th Street Accenture Tower #2000 Minneapolis, MN 55402 612-334-2596 Fax: 612-334-8888 Email: dwest@hinshawlaw.com ATTORNEY TO BE NOTICED Jacob S. Woodard Woodard Law Ofce, P.A. 6105 Seamans Drive Shorewood, MN 55331 612-799-3553 Email: jwoodard@woodardlaw-ofce.net TERMINATED: 02/11/2011 Shushanie E. Kindseth Hinshaw & Culbertson, LLP-Minneapolis 333 South 7th Street Accenture Tower
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#2000 Minneapolis, MN 55402 612-333-3434 Fax: 612-334-8888 Email: skindseth@hinshawlaw.com Plaintiff American Insurance Company an Ohio corporation represented by Bethany K. Culp (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel N. West (See above for address) ATTORNEY TO BE NOTICED Jacob S. Woodard (See above for address) TERMINATED: 02/11/2011 Shushanie E. Kindseth (See above for address) ATTORNEY TO BE NOTICED V. Consol Plaintiff Aurora Dairy Corporation a Delaware corporation doing business as Aurora Organic Dairy represented by Daniel F. Wake Sander Ingebretsen & Wake, P.C. 1660 17th Street #450 Denver, CO 80202 303-285-5544 Fax: 303-285-5301 Email: dwake@siwlegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Livia M. Kiser Barack Ferrazzano Kirschbaum & Nagelberg LLP 200 West Madison Street #3900 Chicago, IL 60606-3459
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312-984-3100 Fax: 312-984-3150 Email: livia.kiser@bfkn.com ATTORNEY TO BE NOTICED Mark S. Mester Latham & Watkins, LLP-Chicago 233 South Wacker Drive Sears Tower #5800 Chicago, IL 60606 312-876-7700 Fax: 312-993-9767 Email: mark.mester@lw.com ATTORNEY TO BE NOTICED V. Defendant Aurora Organic Dairy Corporation a Colorado corporation represented by Livia M. Kiser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark S. Mester (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel F. Wake (See above for address) ATTORNEY TO BE NOTICED V. Consol Defendant Nationwide Agribusiness Insurance Company an Iowa corporation represented by Brad E. Brewer Zelle Hofmann Voelbel & Mason, LLP-Dallas 901 Main Street #4000 Dallas, TX 75202 214-749-3000 Fax: 214-760-8994
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Email: bbrewer@zelle.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Brett Norman Huff Huff & Leslie, LLP 2480 Gray Street Edgewater, CO 80214 303-232-3622 Fax: 303-274-0638 Email: bhuff@huffandleslie.com TERMINATED: 02/11/2011 LEAD ATTORNEY Arthur Joel Kutzer Senter Goldfarb & Rice, LLC 1700 Broadway #1700 Denver, CO 80290 303-320-0509 Fax: 303-320-0210 Email: akutzer@sgrllc.com ATTORNEY TO BE NOTICED Joel A. Palmer Senter Goldfarb & Rice, LLC 1700 Broadway #1700 Denver, CO 80290 303-320-0509 Fax: 303-320-0210 Email: japalmer@sgrllc.com ATTORNEY TO BE NOTICED Counter Defendant American Insurance Company an Ohio corporation TERMINATED: 03/17/2009 represented by Jacob S. Woodard (See above for address) TERMINATED: 02/11/2011 LEAD ATTORNEY Shushanie E. Kindseth (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Bethany K. Culp (See above for address) ATTORNEY TO BE NOTICED Counter Claimant Aurora Organic Dairy Corporation a Colorado corporation doing business as Aurora Organic Dairy V. Counter Defendant General Fire & Casualty Company an Idaho corporation represented by Troy R. Olsen Rothgerber Johnson & Lyons, LLP-Colorado Springs 90 South Cascade Avenue #1100 Colorado Springs, CO 80903-1662 719-386-3000 Fax: 719-386-3070 Email: tolsen@rothgerber.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Shane Kato Crews Mastin Hoffman & Crews, P.C. 5750 South Ulster Circle East #300 Greenwood Village, CO 80111 303-217-4876 Fax: 303-217-4877 Email: crews@mastinlaw.com TERMINATED: 02/08/2011 Counter Defendant American Farmers & Ranchers Mutual Insurance Company an Oklahoma corporation represented by Shane Kato Crews (See above for address) TERMINATED: 02/08/2011 Troy R. Olsen (See above for address) ATTORNEY TO BE NOTICED represented by Livia M. Kiser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Counter Defendant American Insurance Company, The an Ohio corporation represented by Bethany K. Culp (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jacob S. Woodard (See above for address) TERMINATED: 02/11/2011 LEAD ATTORNEY Shushanie E. Kindseth (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Defendant ACE American Insurance Corporation a Pennsylvania corporation represented by Debora L. Verdier (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Garrick Lloyd Gallagher (See above for address) Counter Defendant Indemnity Insurance Company of North America a Pennsylvania corporation represented by Debora L. Verdier (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Garrick Lloyd Gallagher (See above for address) ATTORNEY TO BE NOTICED Counter Defendant National Surety Corporation an Illinois corporation represented by Jacob S. Woodard (See above for address) TERMINATED: 02/11/2011 LEAD ATTORNEY Shushanie E. Kindseth (See above for address) LEAD ATTORNEY
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ATTORNEY TO BE NOTICED Bethany K. Culp (See above for address) Counter Claimant General Fire & Casualty Company an Idaho corporation represented by Troy R. Olsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shane Kato Crews (See above for address) TERMINATED: 02/08/2011 V. Counter Defendant Aurora Organic Dairy Corporation a Colorado corporation represented by Livia M. Kiser (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed 06/10/2008
Docket Text
1 COMPLAINT for Declaratory Relief against Aurora Organic Dairy Corporation ( Filing fee $ 350, Receipt Number COX010567) Summons issued, led by ACE American Insurance Corporation, Indemnity Insurance Company of North America, National Surety Corporation, American Insurance Company. (Attachments: # 1 Exh A, # 2 Exh B 1-10, # 3 Exh B 11-50, # 4 Exh B 51-84, # 5 Exh B 85-111, # 6 Exh C 1-10, # 7 Exh C 11-25, # 8 Exh C 26-70, # 9 Exh C 71-115, # 10 Exh D 1-10, # 11 Exh D 11-20, # 12 Exh D 21-64, # 13 Exh D 65-107, # 14 Exh E 1-10, # 15 Exh E 11-20, # 16 Exh E 21-70, # 17 Exh E 71-109, # 18 Exh F 1-96, # 19 Exh F 97-193, # 20 Exh G 1-82, # 21 Exh E 83-164, # 22 Exh G 165-244, # 23 Civil Cover Sheet, # 24 Receipt)(llk, ) (Entered: 06/11/2008) 2 SUMMONS Returned Executed by all plaintiffs. Aurora Organic Dairy Corporation served on 6/16/2008, answer due 7/7/2008. (Gallagher, Garrick) (Entered: 06/18/2008) 3 ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland. Dispositive Motions due no later than 5/11/2009. Entered by Chief Judge Edward W. Nottingham on 6/30/08. (ewnsec, ) Modied on 7/1/2008 to remove text only indication as a pdf is attached (sss, ). (Entered: 06/30/2008)
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4 Docket Annotation re: 3 Order Referring Case to Magistrate Judge. Docket entry modied to remove text only indication as a pdf is attached. Text only entry - no document attached. (sss, ) (Entered: 07/01/2008) 5 NOTICE of Entry of Appearance of Mark S. Mester by Daniel F. Wake on behalf of Aurora Organic Dairy Corporation (Wake, Daniel) (Entered: 07/01/2008) 6 NOTICE of Entry of Appearance of Livia M. Kiser by Daniel F. Wake on behalf of Aurora Organic Dairy Corporation (Wake, Daniel) (Entered: 07/01/2008) 7 CORPORATE DISCLOSURE STATEMENT by Defendant Aurora Organic Dairy Corporation.. (Wake, Daniel) (Entered: 07/01/2008) 8 STIPULATION for Extension of Time by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America, National Surety Corporation, American Insurance Company, Defendant Aurora Organic Dairy Corporation. (Wake, Daniel) (Entered: 07/01/2008) 11 Utility Setting/Resetting Deadlines/Hearings: Pursuant to stipulation led on 7/1/2008, Aurora Organic Dairy Corporation answer due 7/28/2008. Text only entry - no document attached. (sss, ) (Entered: 07/02/2008) 9 NOTICE of Entry of Appearance by Shushanie E. Kindseth on behalf of National Surety Corporation, American Insurance Company (Attachments: # 1 Certicate of Service)(Kindseth, Shushanie) (Entered: 07/02/2008) 10 NOTICE of Entry of Appearance by Debora L. Verdier by Garrick Lloyd Gallagher on behalf of ACE American Insurance Corporation, Indemnity Insurance Company of North America (Gallagher, Garrick) (Entered: 07/02/2008) 12 ORDER: Scheduling/Planning Conference set for 9/17/2008 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 7/17/2008. (sss, ) (Entered: 07/18/2008) 13 ANSWER to 1 Complaint,,, AFFIRMATIVE DEFENSES, First COUNTERCLAIM against all plaintiffs by Aurora Organic Dairy Corporation. (Wake, Daniel) (Entered: 07/28/2008) 14 MINUTE ORDER: Scheduling Conference set for 9/17/2008 is vacated and reset to 10/15/2008 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 8/8/2008. (sss, ) (Entered: 08/08/2008) 15 ANSWER to 13 Answer to Complaint, Counterclaim by National Surety Corporation, American Insurance Company.(Culp, Bethany) (Entered: 08/18/2008)
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16 STIPULATION for Extension of Time by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America, Defendant Aurora Organic Dairy Corporation. (Gallagher, Garrick) (Entered: 08/19/2008) 17 CORPORATE DISCLOSURE STATEMENT of ACE American Insurance Corporation and Indemnity Insurance Company of North America by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America.. (Gallagher, Garrick) (Entered: 09/03/2008) 18 ANSWER to Complaint , Counterclaims by ACE American Insurance Corporation, Indemnity Insurance Company of North America.(Gallagher, Garrick) (Entered: 09/04/2008) 19 Joint MOTION to Amend/Correct/Modify Order Setting Rule 16(b) Scheduling Conference and Rule 26(f) Planning Meeting by Defendant Aurora Organic Dairy Corporation. (Verdier, Debora) (Entered: 09/08/2008) 20 MEMORANDUM regarding 19 Joint MOTION to Amend/Correct/Modify Order Setting Rule 16(b) Scheduling Conference and Rule 26(f) Planning Meeting led by Aurora Organic Dairy Corporation. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Chief Judge Edward W. Nottingham on 9/8/08. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 09/08/2008) 21 MINUTE ORDER granting 19 Joint Motion to Amend Order Setting Rule 16(b) Scheduling Conference and Rule 26(f) Planning Meeting, by Magistrate Judge Boyd N. Boland on 9/9/2008.(sss, ) (Entered: 09/10/2008) 22 CORPORATE DISCLOSURE STATEMENT by Plaintiff American Insurance Company.. (Kindseth, Shushanie) (Entered: 09/19/2008) 23 CORPORATE DISCLOSURE STATEMENT by Plaintiff National Surety Corporation.. (Kindseth, Shushanie) (Entered: 09/19/2008) 24 Proposed Scheduling Order by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America. (Gallagher, Garrick) Modied on 10/9/2008 to add Indemnity Insurance Company of North America as a ler (sss, ). (Entered: 10/08/2008) 25 Docket Annotation re: Docket entry for 24 Proposed Scheduling Order modied to add Indemnity Insurance Company of North America as a ler. Text only entry - no document attached. (sss, ) (Entered: 10/09/2008) 26 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America, National Surety Corporation, American Insurance Company, Defendant Aurora Organic Dairy Corporation. (sss, ) (Entered: 10/15/2008)
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27 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Scheduling Conference held on 10/16/2008. Counsel have consented to the jurisdiction of a magistrate judge and have signed the Notice ofAvailability of a United States Magistrate Judge to Exercise Jurisdiction. Scheduling Order not entered. (Court Reporter FTR - C. Coomes) (mehcd) (Entered: 10/16/2008) 28 ORDER OF REFERENCE Pursuant to 28 U.S.C. 636(c) Upon Consent to Jurisdiction of Magistrate Judge. Signed by Chief Judge Edward W. Nottingham on 10/20/08. (jmp, ) (Entered: 10/20/2008) 29 LETTER from Clerk to parties re: reassignment of case to Magistrate Judge Craig B Shaffer. (jmp, ) (Entered: 10/20/2008) 30 ORDER AND ORDER OF REFERENCE: All previously scheduled matters will now be handled by Magistrate Judge Shaffer. The Order of Reference dated 6/30/08 is VACATED. This matter is now referred to United States Magistrate Judge Boyd N. Boland for settlement purposes only. Scheduling/Planning Conference set for 10/15/08 is RESET to 11/10/2008 09:00 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. Signed by Magistrate Judge Craig B Shaffer on 10/22/08. (jmp, ) (Entered: 10/22/2008) 31 Proposed Scheduling Order Amended by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America, National Surety Corporation, American Insurance Company. (Verdier, Debora) (Entered: 11/04/2008) 32 MINUTE ORDER: Scheduling Conference set for 11/10/08 is VACATED and RESET for 12/1/2008 02:30 PM before Magistrate Judge Craig B Shaffer, by Magistrate Judge Craig B Shaffer on 11/10/08. (jmp, ) (Entered: 11/10/2008) 33 NOTICE of Entry of Appearance by Jacob S. Woodard on behalf of National Surety Corporation, American Insurance Company (Woodard, Jacob) (Entered: 11/18/2008) 34 Proposed Scheduling Order Amended by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America, National Surety Corporation, American Insurance Company. (Verdier, Debora) (Entered: 11/25/2008) 35 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B Shaffer. Scheduling Conference held on 12/1/2008: Discovery due by 8/1/2009; Dispositive Motions due by 9/1/2009; Final Pretrial Conference set for 12/2/2009 at 9:15 a.m. in Courtroom A 402 before Magistrate Judge Craig B Shaffer; 7 Day Jury Trial set to commence 1/25/2010 at 9:00 a.m. in Courtroom A 402 before Magistrate Judge Craig B Shaffer. (FTR - Ben Van Dyke) (cbscd) Modied on 12/3/2008 to correct number of days trial set for (gms, ). (Entered: 12/01/2008)
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36 SCHEDULING ORDER. Signed by Magistrate Judge Craig B Shaffer on 12/1/08. (gms, ) (Entered: 12/01/2008) 37 Docket Annotation re: 35 Scheduling Conference. This docket entry was modied to correct number of days trial set for. Text only entry - no document attached (gms, ) (Entered: 12/03/2008) 38 MINUTE ORDER, Settlement Conference set for 1/29/2009 09:00 AM before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 12/05/08. (wjc, ) (Entered: 12/08/2008) 39 MINUTE ORDER: Settlement Conference set for 01/29/09 is vacated and reset to 2/26/2009 at 09:00 AM before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 01/12/09. (wjc, ) (Entered: 01/12/2009) 40 Unopposed MOTION For Extension of Time for the Parties to Join Other Parties and Amend Pleadings by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America. (Gallagher, Garrick) (Entered: 01/13/2009) 41 MINUTE ORDER granting Plaintiffs' 40 Motion for Extension of Time for the Parties to Join Other Parties and Amend Pleadings. The deadline is extended to on or before 1/30/09. Entered by Magistrate Judge Craig B Shaffer on 1/14/09. (Text only entry - no document attached) (cbssec) (Entered: 01/14/2009) 42 Unopposed MOTION For Extension of Time By All Parties to Extend Deadline for Joinder of Parties and Amendment of Pleadings (Second Requested Extension) by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America. (Verdier, Debora) (Entered: 01/29/2009) 43 MINUTE ORDER granting 42 Motion for Extension of Time. The deadline for joinder of parties and amendment of pleadings is extended to February 11, 2009. By Magistrate Judge Craig B Shaffer on 1/30/09.TEXT ONLY ENTRY NO DOCUMENT ATTACHED (cbssec) (Entered: 01/30/2009) 44 WITHDRAWN - MOTION for Joinder or to Compel Joinder of, Additional Counterdefendant by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America, National Surety Corporation, American Insurance Company. (Attachments: # 1 Exhibit A)(Verdier, Debora) Modied on 2/12/2009 to add ler American Insurance Company (wjc, ). Modied on 3/18/2009 to reactivate the motion as it was termed in error (wjc, ). Modied on 4/15/2009 to add text Withdrawn pursuant to Order of 04/15/09 (wjc, ). (Entered: 02/11/2009) 45 WITHDRAWN - MOTION for Leave to File First 1 Amended Complaint by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America, National Surety Corporation, American Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit H to Exhibit 1 (Amended
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Complaint), # 3 Exhibit I to Exhibit 1 (Amended Complaint))(Verdier, Debora) Modied on 2/12/2009 to add ler American Insurance Company and add linkage and text in ler (wjc, ). Modied on 3/18/2009 to reactivate the motion as it was termed in error (wjc, ). Modied on 5/11/2009 to add text Withdrawn (wjc, ). (Entered: 02/11/2009) 02/11/2009 46 Unopposed MOTION for Joinder re 13 Answer to Complaint, Counterclaim Aurora Organic Dairy's Unopposed Motion for Joinder and, MOTION for Leave to File its First Amended Counterclaim by Counter Claimant Aurora Organic Dairy Corporation. (Attachments: # 1 Exhibit List, # 2 Exhibit A. Aurora Organic Dairys Proposed Answer, Afrmative Defenses and First Amended Counterclaim, # 3 Exhibit B. Bayview Loan Servicing v. Boland, No. 08-cv-00566, 2009 WL 160902 (D. Colo.Jan. 21, 2009), # 4 Exhibit C. Keymark Enterprises, LLC v. V.P.T., Inc., No. 08-cv-00662, 2008 WL 4371923 (D. Colo. Sept. 22, 2008), # 5 Exhibit D. L&W Innovations, LLC v. Linli Construction, Inc., No. 07-cv-00563, 2009 WL 189942 (D. Colo. Jan. 27, 2009))(Mester, Mark) (Entered: 02/11/2009) 47 Docket Annotation re: 44 MOTION for Joinder or to Compel Joinder of, Additional Counterdefendant. Modied on 2/12/2009 to add ler American Insurance Company. 45 MOTION for Leave to File First Amended Complaint. Modied on 2/12/2009 to add ler American Insurance Company and add linkage. Text only entry - no document attached. (wjc, ) (Entered: 02/12/2009) 48 Docket Annotation re: 45 MOTION for Leave to File First Amended Complaint. Modied on 12/12/09 to add text of ler. Text only entry - no document attached. (wjc, ) (Entered: 02/12/2009) 49 MINUTE ORDER: Settlement Conference set for 02/26/09 is vacated. The parties are to reschedule the all day Settlement Conference with Chambers on or before 03/26/09, by Magistrate Judge Boyd N. Boland on 02/17/09. (wjc, ) (Entered: 02/17/2009) 50 Unopposed MOTION For Extension of Time for Defendant Aurora Organic Dairy Corporation to Respond to 44 Motion to Join, or to Compel Joinder of, Additional Counterdefendant and 45 Motion for Leave to File First Amended Complaint by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America, National Surety Corporation, American Insurance Company. (Attachments: # 1 Exhibit A)(Verdier, Debora) Modied on 3/18/2009 to add linkage (wjc, ). (Entered: 03/03/2009) 51 MINUTE ORDER granting 46 Defendant's Unopposed Motion for Joinder and Leave to File Its First Amended Counterclaim. Defendant's Answer, Afrmative Defenses and First Amended Counterclaim and Exhibits thereto are accepted for ling. Agreed 50 Motion for an Extension of Time for Defendant to Respond to 44 Motion to Join, or to Compel Joinder of, Additional Counterdefendant and 45 Motion for Leave to File First Amended
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Complaint is granted. The deadline to respond to Plaintiffs' motion is extended to on or before 03/24/09, by Magistrate Judge Craig B Shaffer on 03/17/09.(wjc, ) Modied on 3/18/2009 to correct and add linkage (wjc, ). (Entered: 03/17/2009) 03/17/2009 52 AMENDED ANSWER to 1 Complaint, Afrmative Defenses and First Amended COUNTERCLAIM against General Fire & Casualty Company, American Farmers & Ranchers Mutual Insurance Company, American Insurance Company, The, ACE American Insurance Corporation, Indemnity Insurance Company of North America, National Surety Corporation by Counter Claimant Aurora Organic Dairy Corporation, Defendant Aurora Organic Dairy Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(wjc, ) (Entered: 03/18/2009) 53 NOTICE re 44 MOTION for Joinder or to Compel Joinder of, Additional Counterdefendant by Plaintiff ACE American Insurance Corporation (Gallagher, Garrick) (Entered: 03/24/2009) 54 Docket Annotation re: 53 Notice (Other). Counsel informed to rele using correct motions event. Text only entry - no document attached. (wjc, ) (Entered: 03/25/2009) 55 MOTION to Withdraw 44 MOTION for Joinder or to Compel Joinder of, Additional Counterdefendant by Plaintiff ACE American Insurance Corporation. (Gallagher, Garrick) (Entered: 03/25/2009) 56 MINUTE ORDER setting Settlement Conference for 5/21/2009 at 09:00 AM before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 03/26/09. (wjc, ) (Entered: 03/27/2009) 57 Joint ANSWER/REPLY to 52 Amended Answer to Complaint,, Counterclaim, by National Surety Corporation, American Insurance Company.(Woodard, Jacob) (Entered: 04/03/2009) 58 Letter to all counsel from Deputy Clerk re: new parties added to this case with the Notice of Availability of the Magistrate Judge re: 28 Order on Consent to Jurisdiction of Magistrate Judge. (wjc, ) (Entered: 04/03/2009) 59 Letter to all counsel from Deputy Clerk re: New parties added to this case with the Notice of Availability of the Magistrate Judge re: 28 Order on Consent to Jurisdiction of Magistrate Judge. (wjc, ) (Entered: 04/06/2009) 60 Joint ANSWER/REPLY to 52 Amended Answer to Complaint,, Counterclaim, by ACE American Insurance Corporation, Indemnity Insurance Company of North America.(Verdier, Debora) (Entered: 04/06/2009) 61 MINUTE ORDER vacating Settlement Conference for 05/21/09 and resetting for 6/18/2009 at 09:00 AM before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 04/08/09. (wjc, ) (Entered: 04/08/2009)
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62 Mail Returned as Undeliverable re: 58 Letter Addressed to General Fire & Casualty Company. (wjc, ) (Entered: 04/10/2009) 63 ORDER granting 55 Plaintiffs'/Counter Defendants' Notice of Withdrawal of Motion to Join, or to Compel Joinder of, Additional Counter Defendant. Plaintiffs'/Counter Defendants' 44 Motion to Join, or to Compel Joinder of, Additional Counter Defendant is withdrawn, by Magistrate Judge Craig B. Shaffer on 04/15/09.(wjc, ) (Entered: 04/15/2009) 64 CONSENT to Jurisdiction of Magistrate Judge by Counter Defendants American Farmers & Ranchers Mutual Insurance Company, General Fire & Casualty Company (Olsen, Troy) Modied on 5/8/2009 to add ler (wjc, ). (Entered: 04/22/2009) 65 MINUTE ORDER Setting Status Conference and Hearing on 45 Plaintiff's MOTION for Leave to File First Amended Complaint: Status Conference and Motion Hearing set for 5/8/2009 at 03:00 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer, by Magistrate Judge Craig B. Shaffer on 04/24/09. (wjc, ) (Entered: 04/27/2009) 66 ANSWER/REPLY to 52 Amended Answer to Complaint,, Counterclaim,, COUNTERCLAIM against Aurora Organic Dairy Corporation by General Fire & Casualty Company.(Crews, S.) (Entered: 04/27/2009) 67 NOTICE OF CASE ASSOCIATION by Defendant Aurora Organic Dairy Corporation (Kiser, Livia) (Entered: 05/04/2009) 68 Joint MOTION For Extension of Time or Amend Scheduling Order by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America. (Verdier, Debora) (Entered: 05/05/2009) 69 Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 5/8/2009. Plaintiff's 45 Motion for Leave to File First Amended Complaint is Withdrawn; Parties Joint 68 Motion for Extension of Time or Amend Scheduling Order is Denied as Moot. Discovery deadlines in this matter are vacated and discovery is Stayed sua sponte until after the settlement conference on 06/18/09. (Court Reporter FTR - Ginny Kramer.) (wjc, ) (Entered: 05/08/2009) 70 Docket Annotation re: 64 Consent to Jurisdiction of Magistrate Judge. Modied on 5/8/2009 to add ler. Text only entry - no document attached. (wjc, ) (Entered: 05/08/2009) 71 Unopposed MOTION to Consolidate Cases by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America. (Verdier, Debora) (Entered: 05/14/2009) 72 NOTICE of Entry of Appearance by Troy R. Olsen on behalf of General Fire & Casualty Company (Olsen, Troy) (Entered: 05/20/2009)
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73 ORDER OF CONSOLIDATION: ACE and IICNAs 71 Unopposed Motion to Consolidate is GRANTED (Case No. 08-cv-01236-CBS-BNB). Civil Action Nos. 09-cv-00346-PAB-KMT and 08-cv-01236-CBS-BNB, are consolidated for all purposes. Under D.C.COLOL.CIVR. 42.1, Civil Action No. 09-cv00346-PAB-KMT is reassigned to this court, pursuant 28 U.S.C. 636(c), FED.R.CIV.P. 73, and D.C.COLOL.CIVR. 72.2, and referred to Magistrate Judge Boland. Counsel in Civil Action No. 09-cv-00346-CBS-BNB shall le an executed Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction no later than 06/12/09, by Magistrate Judge Craig B. Shaffer on 05/20/09.(wjc, ) (Entered: 05/20/2009) 74 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond - Aurora Dairy Corporation's Unopposed Motion for an Extension of Time in which to Answer the 66 Third Party Counterclaim of General Fire & Casualty Company d/b/a American Farmers & Ranchers Insurance Company Pending Participation in Court-Supervised Mediation by Consol Plaintiff Aurora Dairy Corporation. (Mester, Mark) Modied on 5/21/2009 to add linkage (wjc, ). (Entered: 05/20/2009) 75 MINUTE ORDER granting 74 Unopposed Motion for an Extension of Time in Which to Answer the Third Party Counterclaim of General Fire & Casualty Company d/b/a American Farmers & Ranchers Insurance Company Pending Participation in court-Supervised Mediation. The deadline for Aurora Dairy to respond is extended to twenty (20) days after completion of the settlement conference scheduled before U.S. Magistrate Judge Boyd N. Boland, by Magistrate Judge Craig B. Shaffer on 05/26/09.(wjc, ) (Entered: 05/26/2009) 76 NOTICE Defendant Nationwide Agribusiness Insurance Company's Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction by Consol Defendant Nationwide Agribusiness Insurance Company (Brewer, Brad) (Entered: 05/27/2009) 77 CONSENT to Jurisdiction of Magistrate Judge by Consol Plaintiff Aurora Dairy Corporation. (Wake, Daniel) (Entered: 05/29/2009) 78 ORDER: The above-captioned case is referred to Magistrate Judge Craig B. Shaffer to handle all dispositive matters including trial and entry of a nal judgment in accordance with 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and D.C. COLO. LCivR 72.2. The above-captioned case is now referred to United States Magistrate Judge Boyd N. Boland for settlement purposes only, to convene such settlement conferences and direct related proceedings as may facilitate settlement of this case. Discovery in this action is currently STAYED, to be rescheduled after the settlement conference presently set on 06/18/2009, by Magistrate Judge Craig B. Shaffer on 05/29/09. (wjc, ) (Entered: 05/29/2009) 79 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Settlement Conference held on 6/18/2009. No settlement was reached. A
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follow-up conference has been set for 09/03/2009. (wjc, ) (Entered: 06/18/2009) 06/18/2009 80 MINUTE ORDER: Settlement Conference set for 9/3/2009 at 09:00 AM, to continue all day, before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 06/18/09. (wjc, ) (Entered: 06/18/2009) 81 MINUTE ORDER addressing deadlines. ORDERED that in light of parties efforts to continue settlement discussions in this civil action, the stay on discovery shall continue through 9/3/09. FURTHER ORDERED that the 9/1/09 dispositive motions deadline is vacated. by Magistrate Judge Craig B. Shaffer on 6/22/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec) (Entered: 06/22/2009) 82 MOTION for Protective Order - Unopposed Motion for Entry of Stipulated Protective Order by Consol Plaintiff Aurora Dairy Corporation, Defendant Aurora Organic Dairy Corporation. (Attachments: # 1 Exhibit 1 - Stipulated Protective Order)(Mester, Mark) (Entered: 08/28/2009) 83 MINUTE ORDER granting 82 Motion for Protective Order. The parties are reminded that they will be required to comply fully with all provisions of D.C.ColoL.CivR. 7.2, and particularly those provisions dealing with ling documents under seal, by Magistrate Judge Craig B. Shaffer on 9/1/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbssec ) (Entered: 09/01/2009) 84 PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 9/1/09. (cbssec ) (Entered: 09/01/2009) 85 MINUTE ORDER sua sponte modifying start time for the nal pretrial conference. ORDERED that the Final Pretrial Conference, set for 12/2/2009, will start at 8:30 a.m., in Courtroom A 402 before Magistrate Judge Shaffer, by Magistrate Judge Craig B. Shaffer on 9/2/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec) (Entered: 09/02/2009) 86 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Settlement Conference held on 9/3/2009. No settlement was reached as to any claims. (bnbcd, ) (Entered: 09/04/2009) 87 MINUTE ORDER sua sponte setting hearing pursuant to 86 Settlement Conference and 81 Minute Order. ORDERED that a Status Conference will be held on 10/13/2009, at 4:00 p.m., in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Local counsel are asked to physically appear in court. Out-of-town counsel may participate by telephone by coordinating to create a conference call among themselves before contacting the Court (303.844.2117) at the scheduled time, by Magistrate Judge Craig B. Shaffer on 9/14/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec) (Entered: 09/14/2009)
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88 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 66 Answer/Reply to Counterclaim, - Aurora Dairy Corporation's Unopposed Motion for an Extension of Time in Which to Answer the Third Party Counterclaim of General Fire & Casualty Company d/b/a American Farmers & Ranchers Insurance Company by Consol Plaintiff Aurora Dairy Corporation. (Kiser, Livia) (Entered: 09/23/2009) 89 ORDER granting in part and denying in part 88 Aurora Dairy Corp.'s Unopposed Motion for an Extension of Time to Answer Third Party Counterclaim of General Fire & Casualty Co. d/b/a American Farmers and Ranchers Insurance Co. [# 66]. Aurora Dairy Corp. shall le its Answer to Third Party Counterclaim on or before October 13, 2009 at 12:00 noon. By Magistrate Judge Craig B. Shaffer on 09/29/2009.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbslc1) (Entered: 09/29/2009) 90 Utility Setting/Resetting Deadlines/Hearings: Aurora Organic Dairy Corporation answer due 10/13/2009 pursuant to Order dated 09/29/2009. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED. (wjc, ) (Entered: 09/30/2009) 91 MOTION to Dismiss Party by Counter Defendants American Farmers & Ranchers Mutual Insurance Company, General Fire & Casualty Company. (Attachments: # 1 Exhibit A, B, C and D)(Olsen, Troy) Modied on 10/8/2009 to add ler (wjc, ). (Entered: 10/07/2009) 92 STATUS REPORT - Status Report of Aurora Organic Dairy by Consol Plaintiff Aurora Dairy Corporation. (Attachments: # 1 Exhibit A)(Mester, Mark) (Entered: 10/13/2009) 93 ANSWER/REPLY to 66 Answer/Reply to Counterclaim, - Answer and Afrmative Defenses of Aurora Dairy Corporation to the Third-Party Counterclaim of General Fire & Casualty Company by Aurora Dairy Corporation.(Mester, Mark) (Entered: 10/13/2009) 94 COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Status Conference held on 10/13/2009. ORDERED: The jury trial set for January 25, 2010 is VACATED. The Final Pretrial Conference set for December 2, 2009 is VACATED. Discovery will remain stayed. ORDERED: The parties shall submit a Status Report on or before OCTOBER 27, 2009. The status report shall state each parties' position as to which of the following three options is most preferable: Option 1 administratively close the case subject to be reopened upon a showing of good cause; Option 2 - stay all proceedings, including discovery and all motions; Option 3 - continue stay of discovery and allow any parties to le dispositive motions. The parties shall state the reasons for choosing their preferred option. The court will review the Status Reports and will set this matter for a Status Conference. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR -
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Linda Kahoe) (cbscd) (Entered: 10/14/2009) 10/27/2009 95 Unopposed MOTION for Extension of Time to File Response/Reply as to 91 MOTION to Dismiss Party - Aurora Dairy Corporation's Unopposed Motion for an Extension of Time in Which to Respond to the Motion to Dismiss of American Farmers & Ranchers Mutual Insurance Company by Consol Plaintiff Aurora Dairy Corporation. (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Kiser, Livia) (Entered: 10/27/2009) 96 STATUS REPORT by Consol Plaintiff Aurora Dairy Corporation. (Mester, Mark) Modied on 10/28/2009 to delete duplicate text (wjc, ). (Entered: 10/27/2009) 97 STATUS REPORT by Counter Claimant General Fire & Casualty Company. (Olsen, Troy) (Entered: 10/27/2009) 98 STATUS REPORT by Plaintiffs National Surety Corporation, American Insurance Company. (Woodard, Jacob) (Entered: 10/27/2009) 99 STATUS REPORT by Consol Defendant Nationwide Agribusiness Insurance Company. (Brewer, Brad) (Entered: 10/27/2009) 100 ORDER granting 95 Aurora Dairy Corporation's Unopposed Motion for an Extension of Time in which to Respond to the Motion to Dismiss of American Farmers & Ranchers Mutual Insurance Company. Aurora Dairy Corporation may respond to the pending motion of American Farmers Mutual [doc. # 91] on or before November 19, 2009. By Magistrate Judge Craig B. Shaffer on 10/27/2009.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbslc1) (Entered: 10/27/2009) 101 STATUS REPORT by Plaintiff ACE American Insurance Corporation, Indemnity Insurance Company of North America. (Gallagher, Garrick) Modied on 10/28/2009 to delete duplicate text and add ler (wjc, ). (Entered: 10/27/2009) 102 Docket Annotation re: 101 Status Report. Modied on 10/28/2009 to delete duplicate text and add ler. Text only entry - no document attached. (wjc, ) (Entered: 10/28/2009) 103 ORDER ADMINISTRATIVELY CLOSING CASE: This civil action is administratively closed subject to reopening for good cause, by Magistrate Judge Craig B. Shaffer on 11/17/2009. (wjc, ) (Entered: 11/17/2009) 104 MOTION to Reopen Case by Plaintiffs American Insurance Company, National Surety Corporation. (Attachments: # 1 Afdavit, # 2 Exhibit, # 3 Proposed Order (PDF Only))(Culp, Bethany) (Entered: 02/04/2011) 105 SEALED DOCUMENT by Plaintiffs American Insurance Company, National Surety Corporation. (Culp, Bethany) (Entered: 02/04/2011)
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106 MOTION to Seal by Plaintiffs American Insurance Company, National Surety Corporation. (Attachments: # 1 Proposed Order (PDF Only))(Culp, Bethany) (Entered: 02/04/2011) 107 MOTION to Withdraw as Attorney by S. Kato Crews as Counsel of Record by Counter Defendant American Farmers & Ranchers Mutual Insurance Company. (Crews, Shane) (Entered: 02/04/2011) 108 Exhibit A in Support of the Afdavit of Daniel N. West in support of 104 MOTION to Reopen Case, by Plaintiffs American Insurance Company, National Surety Corporation. (Public entry for Sealed Document 105 led 02/04/2011.) Text only entry - no document attached. (wjc, ) (Entered: 02/07/2011) 109 ORDER TO WITHDRAW COUNSEL. The 107 Motion of S. Kato Crews to Withdraw as Counsel of Record for American Farmers & Ranchers Mutual Insurance Company, and Notice of New Firm Afliation is GRANTED. Attorney Shane Kato Crews terminated, by Magistrate Judge Craig B. Shaffer on 02/08/2011.(wjc, ) (Entered: 02/08/2011) 110 NOTICE of Entry of Appearance by Joel A. Palmer on behalf of Nationwide Agribusiness Insurance Company (Palmer, Joel) (Entered: 02/08/2011) 111 MINUTE ORDER Setting Hearing on Motion 104 MOTION to Reopen Case. ORDERED that a Motion Hearing will take place on 2/14/2011 at 10:45 a.m. in Courtroom A402. FURTHER ORDERED that the parties are directed to D.C.ColoL.CivR. 7.1 C for the deadline(s) relating to the ling of the response and reply brief(s), by Magistrate Judge Craig B. Shaffer on 2/8/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec) (Entered: 02/08/2011) 112 AMENDED MINUTE ORDER Setting Hearing on Motion 104 MOTION to Reopen Case. ORDERED that a Motion Hearing will take place on 3/14/2011 at 10:45 a.m. in Courtroom A402. FURTHER ORDERED that the parties are directed to D.C.ColoL.CivR. 7.1 C for the deadline(s) relating to the ling of the response and reply brief(s), by Magistrate Judge Craig B. Shaffer on 2/8/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec) (Entered: 02/08/2011) 113 NOTICE Notice of Appearance by Plaintiffs American Insurance Company, National Surety Corporation (West, Daniel) (Entered: 02/10/2011) 114 MOTION to Withdraw as Attorney Jacob S. Woodard by Plaintiffs American Insurance Company, National Surety Corporation. (Attachments: # 1 Proposed Order (PDF Only))(West, Daniel) (Entered: 02/11/2011) 115 MOTION to Withdraw as Attorney Jacob S. Woodard by Plaintiffs American Insurance Company, National Surety Corporation. (Attachments: # 1 Proposed Order (PDF Only))(West, Daniel) (Entered: 02/11/2011)
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116 Docket Annotation re: 114 MOTION to Withdraw as Attorney Jacob S. Woodard, 115 MOTION to Withdraw as Attorney Jacob S. Woodard. Counsel informs Court document 114 Motion to Withdraw is a duplicate ling of document 115 Motion to Withdraw. Document 115 Motion to Withdraw contains an s/signature of counsel. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED. (wjc, ) (Entered: 02/11/2011) 117 ORDER granting 115 Motion to Withdraw Appearance of Jacob S. Woodard. Attorney Jacob S. Woodard terminated, by Magistrate Judge Craig B. Shaffer on 02/11/2011.(wjc, ) (Entered: 02/11/2011) 118 ORDER TO SEAL granting 106 Plaintiffs/Counter Defendants National Surety Corporation's and the American Insurance Company's Motion to Seal. Doc. # 105 shall remain sealed until further order of the court, by Magistrate Judge Craig B. Shaffer on 2/11/2011.(wjc, ) (Entered: 02/11/2011) 120 ORDER TO WITHDRAW COUNSEL. The Motion by Brett N. Huff to Withdraw as Counsel of Record for Nationwide Agribusiness Insurance Company (Doc. # 18 in 09-cv-00346-CBS-BNB) is GRANTED. Attorney Brett N. Huff is withdrawn as counsel of record in this civil action. The Clerk of Court is instructed to terminate electronic notication and to remove attorney Brett N. Huff from the Notice of electronic Mailing, by Magistrate Judge Craig B. Shaffer on 02/11/2011. (wjc, ) (Entered: 02/14/2011) 119 Docket Annotation re: 104 MOTION to Reopen Case, 105 Sealed Document, 106 MOTION to Seal, 107 MOTION to Withdraw as Attorney by S. Kato Crews as Counsel of Record, 108 Exhibits, 109 Order on Motion to Withdraw as Attorney, 110 Notice of Entry of Appearance, 111 Order Setting Hearing on Motion, 112 Order Setting Hearing on Motion, 113 Notice (Other), 114 MOTION to Withdraw as Attorney Jacob S. Woodard, 115 MOTION to Withdraw as Attorney Jacob S. Woodard, 116 Docket Annotation, 117 Order on Motion to Withdraw as Attorney, 118 Order on Motion to Seal. The NEFs for these documents to Jacob S. Woodard were returned as undeliverable. A Motion to Withdraw Appearance of Jacob S. Woodard was granted on 02/11/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED. (wjc, ) (Entered: 02/14/2011) 121 RESPONSE to 104 MOTION to Reopen Case led by Consol Defendant Nationwide Agribusiness Insurance Company. (Palmer, Joel) (Entered: 02/25/2011) 122 RESPONSE to 104 MOTION to Reopen Case - Response of Aurora Dairy Corporation to the Motion to Reopen of Plaintiffs/Counter-Defendants National Surety Corporation and the American Insurance Company led by Defendant Aurora Organic Dairy Corporation. (Attachments: # 1 Exhibit List, # 2 Exhibit A-Correspondence from S. Shkolnick to D. Getman, February 9, 2011, # 3 Exhibit B-Correspondence from NSC and AIC to D. Getman,
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January 14, 2008, # 4 Exhibit C-Correspondence from IICNA and ACE to D. Getman, January 28, 2008, # 5 Exhibit D-Complaint (without exhibits), Mothershead v. Aurora Dairy Corporation,, # 6 Exhibit E-In re Aurora Dairy Corp., 2009 WL 1576928 (E.D. Mo. 2009), # 7 Exhibit F-Courtroom Minute Sheet, In re Aurora Dairy Corp. Organic Milk Marketing and Sales, # 8 Exhibit G-Amended Master Complaint, In re Aurora Dairy Corp. Organic Milk Marketing, # 9 Exhibit H-Docket Text Order, In re Aurora Dairy Corp. Organic Milk Marketing and Sales, # 10 Exhibit I-Docket Text Order, In re Aurora Dairy Corp. Organic Milk Marketing and Sales, # 11 Exhibit J-Notice of Appointment of Neutral, In re Aurora Dairy Corp. Organic Milk, # 12 Exhibit K-Auroras First Set of Document Request)(Mester, Mark) (Entered: 02/25/2011) 02/25/2011 123 RESPONSE to 104 MOTION to Reopen Case led by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America, Counter Defendants ACE American Insurance Corporation, Indemnity Insurance Company of North America. (Verdier, Debora) (Entered: 02/25/2011) 124 RESPONSE to 104 MOTION to Reopen Case led by Counter Defendant American Farmers & Ranchers Mutual Insurance Company. (Olsen, Troy) (Entered: 02/28/2011) 125 MINUTE ORDER re: 104 Plaintiffs/Counter-Defendants National Security Corporation's and The American Insurance Company's Motion to Reopen. Motion Hearing reset for 4/8/2011 at 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer, by Magistrate Judge Craig B. Shaffer on 3/3/11. (mnf, ) (Entered: 03/03/2011) 126 REPLY to Response to 104 MOTION to Reopen Case led by Plaintiffs American Insurance Company, National Surety Corporation. (West, Daniel) (Entered: 03/11/2011) 127 Minute Entry/Minute Order for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 4/8/2011. The 104 Plaintiffs/Counter-Defendants National Surety Corporation's and the American Insurance Company's Motion to Reopen is granted and the case is Reopened. Scheduling Conference set for 5/19/2011 at 01:30 PM before Magistrate Judge Craig B. Shaffer. (FTR: Linda Kahoe) (lsw, ) (Entered: 04/08/2011) 128 ORDER Resetting Scheduling Conference for 5/23/2011 at 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer, by Magistrate Judge Craig B. Shaffer on 05/16/2011. (wjc, ) (Entered: 05/16/2011) 129 Joint STATUS REPORT and Request to Hold Status Conference in Lieu of Scheduling Conference by Consol Plaintiff Aurora Dairy Corporation. (Mester, Mark) (Entered: 05/19/2011)
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130 MINUTE ORDER. The Scheduling Conference set for 05/23/2011 at 8:30 AM is CONVERTED to a Status Conference set for 5/23/2011 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer, by Magistrate Judge Craig B. Shaffer on 05/19/2011. (wjc, ) (Entered: 05/19/2011) 131 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: A Status Conference was held on 5/23/2011. ORDERED: Scheduling Conference is set for 6/15/2011 at 09:00 AM before Magistrate Judge Craig B. Shaffer. A Proposed Scheduling Order is due by 6/13/2011. By Magistrate Judge Craig B. Shaffer. (FTR: Linda Kahoe) (cbscd) (Entered: 05/23/2011) 132 TRANSCRIPT of Status Conference held on 05/23/2011 before Magistrate Judge Shaffer. Pages: 1-9. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this ling, each party shall inform the Court, by ling a Notice of Intent to Redact, of the party's intent to redact personal identiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not led within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 9/6/2011. (Avery Woods Reporting, ) (Entered: 06/03/2011) 133 STIPULATION of Dismissal of Case Without Prejudice by Consol Plaintiff Aurora Dairy Corporation. (Kiser, Livia) (Entered: 06/14/2011) 134 TRANSCRIPT of Motion Hearing held on 04/08/2011 before Magistrate Judge Shaffer. Pages: 1-11. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this ling, each party shall inform the Court, by ling a Notice of Intent to Redact, of the party's intent to redact personal identiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not led within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 9/16/2011. (Avery Woods Reporting, ) (Entered: 06/15/2011) 135 MINUTE ORDER re: 133 Joint Stipulation of Voluntary Dismissal. In light of the parties' request that the court retain jurisdiction over these cases for forty-ve (45) days for the parties to create a formal, written agreement and then request dismissal with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(B),
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the Joint Stipulation of Voluntary Dismissal is HELD IN ABEYANCE. Dismissal Papers are due on or before August 1, 2011. By Magistrate Judge Craig B. Shaffer on 06/17/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbslc1) (Entered: 06/17/2011) 08/01/2011 136 Unopposed MOTION for Extension of Time to Submit Stipulation of Voluntary Dismissal by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America. (Gallagher, Garrick) Modied on 8/2/2011 to add ler (wjc, ). (Entered: 08/01/2011) 137 ORDER granting 136 Unopposed Joint Motion by All Parties to Extend Deadline for Submitting Stipulation of Voluntary Dismissal. Dismissal Papers are due on or before August 31, 2011 By Magistrate Judge Craig B. Shaffer on 08/01/2011.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbslc1) (Entered: 08/01/2011) 138 Docket Annotation re: 136 Unopposed MOTION for Extension of Time to Submit Stipulation of Voluntary Dismissal. Modied on 8/2/2011 to add ler. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED. (wjc, ) (Entered: 08/02/2011) 139 Unopposed MOTION for Extension of Time to Submit Stipulation of Voluntary Dismissal by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America, Counter Defendants ACE American Insurance Corporation, Indemnity Insurance Company of North America. (Gallagher, Garrick) (Entered: 08/31/2011) 140 ORDER granting 139 Unopposed Joint Motion by All Parties to Extend Deadline for Submitting Stipulation of Voluntary Dismissal. The parties shall le their Stipulation of Voluntary Dismissal on or before September 30, 2011. By Magistrate Judge Craig B. Shaffer on 09/01/2011. TEXT ONLY ENTRY NO DOCUMENT ATTACHED (cbslc1) (Entered: 09/01/2011) 141 STIPULATION of Dismissal of Case by Plaintiffs ACE American Insurance Corporation, Indemnity Insurance Company of North America, Counter Defendants ACE American Insurance Corporation, Indemnity Insurance Company of North America. (Gallagher, Garrick) (Entered: 09/30/2011) 142 ORDER ON STIPULATION OF DISMISSAL. All claims relating to the duty to defend or the duty to pay or reimburse defense costs incurred in connection with the "Mothershead action" and the "Consolidated Proceedings" as those terms are dened in the condential Settlement Agreement between the parties up to 09/30/2011 are dismissed with prejudice. Any and all other claims or causes of action are dismissed without prejudice, by Magistrate Judge Craig B. Shaffer on 10/03/2011. (wjc, ) (Entered: 10/03/2011)
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ACE AMERICAN INSURANCE CORPORATION Et Al v. AURORA Docket

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CONMAG, LEAD, STLMT, TERMED

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