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APPEAL, CLOSED

U.S. District Court

District of South Carolina (Florence)
CIVIL DOCKET FOR CASE #: 4:07-cv-01551-RBH

McWhite v. ACE American Insurance Company Date Filed: 06/04/2007

Assigned to: Honorable R Bryan Harwell Date Terminated: 03/17/2010
Case in other court: USCA, 10-01373 Jury Demand: Both
Florence County Common Pleas, Nature of Suit: 110 Insurance
2007-CP-21-00722 Jurisdiction: Diversity
Cause: 28:1332 Diversity-Breach of Contract
Plaintiff
Stanley McWhite represented by Stephen J Wukela
Wukela Law Firm
PO Box 13057
Florence, SC 29504
843-669-5634
Fax: 843-669-5150
Email: stephen@wukelalaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
ACE American Insurance Company represented by Jeffrey C Kull
Murphy and Grantland
PO Box 6648
Columbia, SC 29260
803-782-4100
Email: jkull@murphygrantland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John Robert Murphy

Murphy and Grantland
PO Box 6648
Columbia, SC 29260
803-782-4100
Fax: 803-782-4140
Email:

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jrmurphy@murphygrantland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Counter Claimant
ACE American Insurance Company
represented by Jeffrey C Kull
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John Robert Murphy

(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Counter Defendant
Stanley McWhite represented by Stephen J Wukela
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

06/04/2007 1 NOTICE OF REMOVAL from Florence County Common Pleas, case number
2007-CP-21-722. (Filing fee $ 350 receipt number 1036621), filed by ACE
American Insurance Company. (Attachments: # 1 State Court Pleadings)(prou, )
(Entered: 06/04/2007)
06/04/2007 3 Local Rule 26.01 Answers to Interrogatories with jury demand by ACE
American Insurance Company.(prou, ) (Entered: 06/04/2007)
06/04/2007 4 ANSWER to Complaint (Notice of Removal) by ACE American Insurance
Company. (prou, ) (Entered: 06/04/2007)
06/05/2007 5 CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference
Deadline 6/25/2007, 26(a) Initial Disclosures due by 7/9/2007, Rule 26 Report
due by 7/9/2007, Amended Pleadings due by 9/4/2007, Plaintiffs ID of Expert
Witness due by 10/2/2007, Defendants ID of Expert Witnesses Due by
11/1/2007, Records Custodian Affidavit due by 11/1/2007, Discovery due by
12/31/2007, Motions due by 1/15/2008, Rule 26(a)(3) Disclosures due by
3/31/2008, Jury Selection Deadline 5/5/2008, ADR Statement due by 2/15/2008,
Mediation Due by 3/17/2008. Motions in limine must be filed at least three
weeks prior to jury selection date. Parties shall furnish the Court pretrial briefs

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five business days prior to the date set for jury selection. Signed by Judge R
Bryan Harwell on 06/05/07. (sste, ) (Entered: 06/05/2007)
06/08/2007 6 AMENDED DOCUMENT by ACE American Insurance Company. Amendment
to 3 Local Rule 26.01 Answers to Interrogatories. (Murphy, John) (Entered:
06/08/2007)
06/08/2007 7 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of
Court for Florence County. (Attachments: # 1)(Murphy, John) (Entered:
06/08/2007)
06/19/2007 8 Plaintiff's Local Rule 26.01 Answers to Interrogatories by Stanley McWhite.
(Wukela, Stephen) (Entered: 06/19/2007)
06/27/2007 10 Rule 26(f) Report by Stanley McWhite, ACE American Insurance Company.
(Murphy, John) (Entered: 06/27/2007)
07/02/2007 11 CONSENT AMENDED CONFERENCE AND SCHEDULING ORDER: 26(a)
Initial Disclosures due by 7/9/2007, Rule 26 Report due by 7/9/2007, Amended
Pleadings due by 9/4/2007, Plaintiffs ID of Expert Witness due by 10/2/2007,
Defendants ID of Expert Witnesses Due by 11/1/2007, Records Custodian
Affidavit due by 11/1/2007, Discovery due by 1/31/2008, Motions due by
2/15/2008, Rule 26(a)(3) Disclosures due by 4/30/2008, Jury Selection Deadline
5/5/2008, ADR Statement due by 3/14/2008, Mediation Due by
4/15/2008.Motions in limine must be filed at least three weeks prior to jury
selection date. Parties shall furnish the Court pretrial briefs five business days
prior to the date set for jury selection. Signed by Judge R Bryan Harwell on
07/02/07. (sste, ) (Entered: 07/02/2007)
10/02/2007 14 PLAINTIFF'S ID OF EXPERT WITNESSES by Stanley McWhite.
(Attachments: # 1 Exhibit Expert Report# 2 Exhibit ExpertStewartCV# 3
Exhibit ExpertWoodCV)(Wukela, Stephen) (Entered: 10/02/2007)
10/11/2007 15 Joint MOTION to Bifurcate Discovery and Trial of Coverage Claims from Bad
Faith Claims by Stanley McWhite, ACE American Insurance
Company.Response to Motion due by 10/29/2007 No proposed order(Murphy,
John) (Entered: 10/11/2007)
11/29/2007 20 MOTION to Amend/Correct 11 Scheduling Order by Stanley McWhite, ACE
American Insurance Company. Response to Motion due by 12/17/2007 No
proposed order(Murphy, John) Modified on 11/30/2007 to reflect original file
and response due dates; to link to scheduling order (sste, ). (Entered:
11/30/2007)
11/30/2007 19 Deficiency Memo Doc. #18, Consent Motion to Bifurcate. See attached
Deficiency Memo. Any response due is based on the filing date of the original
document. Docket Correction due 12/3/2007. (sste, ) (Entered: 11/30/2007)

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11/30/2007 21 ENTRY DELETED re 19 Deficiency Memo; Corrected Filing Document

Number: Doc. #20 Modified filing date to that of original filing: 11/29/07
Response due date modified to that of original filing: 12/17/07 (sste, ) (Entered:
11/30/2007)
11/30/2007 22 DOCKET ANNOTATION - NO Correction by attorney required - Modified
Docket Entry #20, it now reads as follows: 11/29/2007 20 MOTION to
Amend/Correct 11 Scheduling Order by Stanley McWhite, ACE American
Insurance Company. Response to Motion due by 12/17/2007 No proposed
order(Murphy, John) Modified on 11/30/2007 to reflect original file and
response due dates; to link to scheduling order (sste, ). (Entered: 11/30/2007)
(sste, ) (Entered: 11/30/2007)
02/15/2008 26 MOTION for Summary Judgment by ACE American Insurance Company.
Response to Motion due by 3/4/2008 (Attachments: # 1 Memo in Support, # 2
Exhibit Ex. A - Depo - Stanley McWhite, # 3 Exhibit Ex. B - Depo - Wayne
Hamer, # 4 Exhibit Ex. C - Depo - Nelson Tart, # 5 Exhibit Ex. D. - Covenant, #
6 Exhibit Ex. E - SC Underinsured, # 7 Exhibit Ex. F - SC Uninsured, # 8
Exhibit Ex. G - Auto Medical Coverage, # 9 Exhibit Ex. H - Westlaw, # 10
Summons Ex. I - Westlaw)No proposed order(Murphy, John) (Entered:
02/15/2008)
02/15/2008 29 MOTION for Partial Summary Judgment by Stanley McWhite. Response to
Motion due by 3/04/2008 (Attachments: # 1 Exhibit 1-Ltr. of 6/20/05 w/enc., # 2
Exhibit 2-ltr. of 11/11/05, # 3 Exhibit 3a Ace American Ins. Policy P.0001-
P0010, # 4 Exhibit 3b-Ace American Ins. Policy, P. 0011-P0021, # 5 Exhibit
3c-Ace American Ins. Policy, P. 0022-P0331, # 6 Exhibit 3d-Ace American Ins.
Policy, P0332-0397, # 7 Exhibit 4a-Depo of S. McWhite dated 7/31/07, Pages
1-7, # 8 Exhibit 4b-Depo of S. McWhite dated Pages 7-12, # 9 Exhibit 4c-Depo
of S. McWhite, Pages 13-17, # 10 Exhibit 5a-Depo of S. McWhite dated
11-8-07, Page 1-Pages 22 to 25, # 11 Exhibit 5b-Depo of S. McWhite dated
11-8-07, Pages 26 to 29 - 46 to 49, # 12 Exhibit 5c-Depo of S. McWhite dated
11-8-07, Pages 50 to 53 - 70 to 73, # 13 Exhibit 5d-Pages 74 to 77 - page 90, #
14 Exhibit 6-Depo of N. Tart, Pages 1-37, # 15 Exhibit 7a-Depo of J. Covington,
Page 1 - Pages 26-31, # 16 Exhibit 7b-Pages 32 to 37 - Pages 56 to 57, # 17
Exhibit 8a-Depo of W. Hamer, Page 1 - Pages 20-25, # 18 Exhibit 8b-Depo of
W. Hamer, Pages 26 to 31 - Pages 44 to 49, # 19 Exhibit 9a-Deo of K. Brown,
Page 1 - Pages 20-25, # 20 Exhibit 9b-Depo of K. Brown, Pages 26-31 to Pages
44-49)No proposed order(Wukela, Stephen) Modified on 2/20/2008 to reflect
original file and response due dates (sste, ). (Entered: 02/19/2008)
02/19/2008 28 Deficiency Memo Doc. #25, Motion for Summary Judgment, See attached
Deficiency Memo. Any response due is based on the filing date of the original
document. Docket Correction due 2/20/2008. (sste, ) (Entered: 02/19/2008)
02/20/2008 30 ENTRY DELETED Reason for deletion: incorrect event code re 28 Deficiency
Memo Corrected Filing Document Number: Doc. #29 Modified filing date to

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that of original filing: 02/15/08 Response due date modified to that of original
filing: 03/04/08 (sste, ) (Entered: 02/20/2008)
03/04/2008 31 RESPONSE in Opposition re 29 MOTION for Partial Summary Judgment
Response filed by ACE American Insurance Company.Reply to Response to
Motion due by 3/14/2008 (Attachments: # 1 Exhibit Ex. A - SC Underinsured
Motorists Coverage Form, # 2 Exhibit Ex. B - Auto Medical Payments
Coverage Form, # 3 Exhibit Ex. C - Common Policy Conditions, # 4 Exhibit Ex.
D - Hamer Deposition, # 5 Exhibit Ex. E - Defendant's Memorandum, # 6
Exhibit Ex. F - Transcript of Hearing)(Murphy, John) (Entered: 03/04/2008)
03/13/2008 32 CONSENT ORDER TO TRIFURCATE: It is ordered that discovery relative to
the first issue, (i.e. the question of whether the Plaintiff is an insured), shall be
concluded in accordance with the deadline of January 31, 2008, established by
the Consent Amended Conference and Scheduling Order dated July 2, 2007.
The parties will then brief and file cross motions for summary judgment on that
issue alone. After the ruling, the parties will then request ninety (90) additional
days, if necessary, to complete discovery on the second ( meaningful offer)
issue. The parties may then file cross motions for summary judgment or hold a
bench trial on that issue while the breach of contract and bad faithclaims are
held in abeyance. The parties would then submit a final amended Scheduling
Order, if needed, should the case proceed to jury trial on the causes of action for
breach of contract and bad faith. Signed by Honorable R Bryan Harwell on
03/13/08. (sste, ) (Entered: 03/13/2008)
03/14/2008 34 REPLY to Response to Motion re 29 MOTION for Partial Summary Judgment,
filed by Stanley McWhite. (Wukela, Stephen) Modified on 3/17/2008 to remove
incorrect link to document (sste, ). (Entered: 03/14/2008)
03/20/2008 36 Consent MOTION for Leave to File Surreply to Plaintiff's Reply [Document No.
34] by ACE American Insurance Company. Response to Motion due by
4/7/2008 No proposed order(Murphy, John) (Entered: 03/20/2008)
03/28/2008 37 ORDER granting 36 Motion for Leave to File; IT IS ORDERED that Defendant
ACE American is granted leave to file a Surreply of no more than fifteen (15)
pages to Plaintiffs Reply [Document No. 34] by no later than March 28, 2008.
Signed by Honorable R Bryan Harwell on 03/28/08.(sste, ) (Entered:
03/28/2008)
03/28/2008 38 SUR REPLY to REPLY to Response to Motion re 29 MOTION for Partial
Summary Judgment Response filed by ACE American Insurance Company.
(Attachments: # 1 Exhibit A - Policy, # 2 Exhibit B - Hearing Transcript, # 3
Exhibit C - Endorsement)(Murphy, John) Modified on 3/31/2008 to correct
spelling or grammar (sste, ). (Entered: 03/28/2008)
10/01/2008 41 ORDER denying 26 Motion for Summary Judgment and denying 29 Motion for
Partial Summary Judgment. Signed by Honorable R Bryan Harwell on
10/1/2008.(mwel, ) (Entered: 10/01/2008)

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10/23/2008 43 Letter from Stephen J. Wukela. (Wukela, Stephen) (Entered: 10/23/2008)

11/03/2008 44 NOTICE of Hearing: Status Conference set for 11/6/2008 09:30 AM in Florence
#2, McMillan Federal Bldg, 401 W. Evans St., Florence before Honorable R
Bryan Harwell. (sste ) (Entered: 11/03/2008)
11/03/2008 45 NOTICE OF RESCHEDULED HEARING; Status Conference set for 11/6/2008
09:30 AM HAS BEEN CANCELLED AND RESCHEDULED : Status
Conference set for 11/6/2008 04:00 PM in Florence #2, McMillan Federal Bldg,
401 W. Evans St., Florence before Honorable R Bryan Harwell. (sste ) (Entered:
11/03/2008)
11/06/2008 46 NOTICE of Cancellation of Hearing: Status Conference 11/6/08 4:00 PM
(mcam, ) (Entered: 11/06/2008)
11/06/2008 47 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Status
Conference held in chambers with both attorneys present on 11/6/2008. Lawyers
are to submit a Proposed Consent Order via e-mail addressing the issues
discussed in Chambers relating to docket entry #43, letter of Stephen Wukela.
Proposed consent order shall be submitted within one week. Court Reporter:
None. (sste ) (Entered: 11/07/2008)
11/14/2008 49 Letter dated 11/13/08 from J.R. Murphy re: discovery and dispositive motions
deadlines. (Filed at the direction of chambers [GN]) (sste ) (Entered:
11/14/2008)
11/14/2008 50 CONSENT ORDER re 41 Order on Motions for Summary Judgment for Partial
Summary Judgment; The deadline to complete this discovery will be March 15,
2009 and the deadline to file dispositive motions as to the issues in Phase I and
II will be April 1, 2009. In addition, the Defendant is given leave to amend its
answer to asserted a counterclaim for reformation of the policy. The amended
answer and counterclaim shall be filed within ten (10) days from the date of this
order. The Court will also allow thirty (30) days from the date of this Order for
the parties to determine whether Ahold Americas Holdings, Inc., the named
insured under the policy issued by the Defendant, should be added as a party or
whether it will agree to be bound by the outcome of this litigation. Signed by
Honorable R Bryan Harwell on 11/14/08. (sste ) (Entered: 11/14/2008)
11/14/2008 52 Letter from Stephen J. Wukela. (Wukela, Stephen) (Entered: 11/14/2008)
11/17/2008 53 ORDER vacating Docket # 50, Consent Order, pursuant to letter from plaintiff's
counsel, docket #52. Lawyers should immediately consult and send another
proposed consent order or notify the court if they do not agree and what matters
need resolution by the court. Signed by Honorable R Bryan Harwell on
11/17/2008. (mwel, ) (Entered: 11/17/2008)
11/21/2008 54 CONSENT ORDER re 41 Order: The deadline to complete this discovery will
beMarch 15, 2009 and the deadline to file dispositive motions as to the issues in
Phase I and II will be April 1, 2009. Signed by Honorable R Bryan Harwell on

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11/21/08. (sste ) (Entered: 11/21/2008)

12/24/2008 58 MOTION to Amend/Correct 4 Answer to Complaint Notice of Removal by
ACE American Insurance Company. Response to Motion due by 1/12/2009
(Attachments: # 1 Exhibit ExA-First Amended Answer and Counterclaim on
behalf of Defendant Ace American Insurance Company)No proposed
order(Murphy, John) (Entered: 12/24/2008)
01/12/2009 60 RESPONSE in Opposition re 58 MOTION to Amend/Correct 4 Answer to
Complaint Notice of Removal; Response filed by Stanley McWhite. Reply to
Response to Motion due by 1/23/2009 (Attachments: # 1 Exhibit A - 06/20/05
Letter to McGriff, Seibels & Williams Inc., from S Wukela, Jr, # 2 Exhibit B -
Insurance ID Card, # 3 Exhibit C - 09/09/05 Letter to US Foodservice serving
Subpoena duces tecum, # 4 Exhibit D - 09/13/05 Letter from US Foodservice
with Declaration/Renewal Endorsement and Supporting documents , # 5 Exhibit
E - 11/11/05 Letter to ACE American Ins. Co. from S Wukela, Jr, # 6 Exhibit F -
03/08/07 Letter to ACE American Ins. Co. from S Wukela, Jr, # 7 Exhibit G
04/04/07 Letter from Gallivan, White & Boyd, PA to S Wukela, Jr, # 8 Exhibit
H - 04/12/07 Letter from Gallivan, White & Boyd, PA to S Wukela, Jr, # 9
Exhibit I - 04/30/07 Letter from Gallivan, White & Boyd, PA to S Wukela, Jr
(Wukela, Stephen) Modified on 1/12/2009 to remove duplicative text and to add
descriptions to exhibits (sste). (Entered: 01/12/2009)
01/23/2009 61 REPLY to Response to Motion re 58 MOTION to Amend/Correct 4 Answer to
Complaint Notice of Removal; Response filed by ACE American Insurance
Company. (Attachments: # 1 ExA-Endorsement 162, # 2 ExB-Endorsement 163,
# 3 ExC-Item 2)(Murphy, John) Modified on 1/26/2009 to remove duplicative
text (sste ). (Entered: 01/23/2009)
02/23/2009 62 ORDER granting 58 Motion to Amend/Correct. The defendant shall file its
amended answer and counterclaim within ten (10) days. Signed by Honorable R
Bryan Harwell on 02/23/09.(sste ) (Entered: 02/23/2009)
03/05/2009 65 AMENDED ANSWER to 1 Notice of Removal, COUNTERCLAIM against
Stanley McWhite by ACE American Insurance Company. (Murphy, John)
(Entered: 03/05/2009)
03/13/2009 68 ANSWER/REPLY to Counterclaim 65 by Stanley McWhite.(Wukela, Stephen)
(Entered: 03/13/2009)
03/25/2009 69 Joint MOTION for Extension of Time to File Motions for Summary Judgment
by ACE American Insurance Company and Stanley McWhite. Response to
Motion due by 4/13/2009 No proposed order (Kull, Jeffrey) Modified on
3/26/2009 to add filer listed on document (sste, ). (Entered: 03/25/2009)
03/27/2009 70 ORDER granting 69 Joint Motion for Extension of Time to file Motions for
Summary Judgment regarding Phases one and two of this case until April 17,
2009. Signed by Honorable R Bryan Harwell on 3/27/2009.(mwel, ) (Entered:

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03/27/2009)
04/17/2009 71 Second MOTION for Summary Judgment of Plaintiff by Stanley McWhite.
Response to Motion due by 5/5/2009; No proposed order (Wukela, Stephen)
(Additional attachment(s) added on 4/21/2009: # 1 06/20/05 Letter from S.
Wukela re: Accident Insurance, # 2 11/05/05 Letter from S. Wukela re:
Provisions of UIM Policy, # 3 ACE American Ins Policy - Part 1, # 4 ACE
American Insurance Policy - Part II, # 5 07/31/07 Depo of S McWhite, # 6
11/08/07 Depo of S McWhite, # 7 01/16/08 Depo of NA Tart, # 8 01/16/08
Depo of JH Covington, # 9 02/08/08 Depo of W Hamer Jr, # 10 02/08/0/ Depo
of KL Brown, # 11 03/19/09 Depo of N Parillo, # 12 01/16/09 Depo of T
Dingrando, # 13 01/16/09 Depo of C Carpenter, # 14 02/13/09 Depo of DJ
Conboy, # 15 Exhibit A to Doc. #31 Commerical Auto Policy Endorsement, #
16 SCDI Form #2006 Offer of Optional Coverage) (sste, ). Modified on
4/21/2009 to replace with corrected document provided by filing user (sste ).
(Entered: 04/17/2009)
04/17/2009 72 Second MOTION for Summary Judgment by ACE American Insurance
Company. Response to Motion due by 5/5/2009 (Attachments: # 1 Memo in
Support, # 2 Exhibit A - Parillo Deposition, # 3 Exhibit B - Dingrando
Deposition, # 4 Exhibit C - Conboy Deposition, # 5 Exhibit D - Amanda
Bennett Affidavit, # 6 Exhibit E - 2003 Policy, # 7 Exhibit F - 2004 Policy, # 8
Exhibit G - UIM Offer Form, # 9 Exhibit H - SCDOI Form 2006, # 10 Exhibit I
- Carpenter Deposition, # 11 Exhibit J - Virginia Boyles Affidavit, # 12 Exhibit
K - Lessia Lynch Affidavit, # 13 Exhibit L - McWhite Deposition, # 14 Exhibit
M - Insurance Company of North American v. Arnold)No proposed
order(Murphy, John) Modified on 4/20/2009 to correct spelling (sste ). Modified
on 4/22/2009; See Doc. # 76 for additional attachments (sste ). (Entered:
04/17/2009)
04/20/2009 74 First MOTION for Leave to File Excess Pages by Stanley McWhite. Response
to Motion due by 5/8/2009 No proposed order(Wukela, Stephen) (Entered:
04/20/2009)
04/20/2009 75 ORDER granting 74 Motion for Leave to File Excess Pages. Signed by
Honorable R Bryan Harwell on 04/20/09.(sste ) (Entered: 04/20/2009)
04/21/2009 76 Additional Attachments to Main Document 72 Second MOTION for Summary
Judgment. (Murphy, John) (Entered: 04/21/2009)
05/05/2009 78 Consent MOTION for Leave to File Excess Pages by ACE American Insurance
Company. Response to Motion due by 5/26/2009 No proposed order(Murphy,
John) (Entered: 05/05/2009)
05/05/2009 79 RESPONSE in Opposition re 71 Second MOTION for Summary Judgment of
Plaintiff Response filed by ACE American Insurance Company.Reply to
Response to Motion due by 5/15/2009 (Attachments: # 1 Exhibit A - Carpenter
Deposition, # 2 Exhibit B - Parillo Deposition, # 3 Exhibit C - Bennett Affidavit,

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# 4 Exhibit D - Schedule of Forms and Endorsements and the 12 Endorsements

for Mandatory UIM States, # 5 Exhibit E - Lynch Affidavit, # 6 Exhibit F -
Boyles Affidavit, # 7 Exhibit G - Melvin Hamilton v. Zurich American
Insurance Company, # 8 Exhibit H - McWhite Deposition (tort action), # 9
Exhibit I - Conboy Deposition, # 10 Exhibit J - Endorsement 163, # 11 Exhibit
K - Item 2, # 12 Exhibit L - South Carolina UM Coverage Endorsement, # 13
Exhibit M - Dingrando Deposition, # 14 Exhibit N - UM/UIM Offer
Form)(Murphy, John) (Entered: 05/05/2009)
05/06/2009 80 ORDER granting 78 Motion for Leave to File Excess Pages. Signed by
Honorable R Bryan Harwell on 05/06/09.(sste ) (Entered: 05/06/2009)
05/28/2009 83 NOTICE of Request for Protection from Court Appearance by Stephen J
Wukela for 07/20/2009-07/24/2009 (Wukela, Stephen) Modified on 6/1/2009 to
correct filing date (sste ). (Entered: 05/29/2009)
06/01/2009 84 DELETION OF ENTRY NUMBER #81 Reason: More than one deficiency.
Corrected Filing Document Number 83 Modified filing date to that of original
filing: 05/28/09 (sste ) (Entered: 06/01/2009)
06/04/2009 86 NOTICE of Request for Protection from Court Appearance by John Robert
Murphy for August 3-7, 2009 and August 10-14, 2009. Modified to correct
event type (sste ) (Entered: 06/05/2009)
08/28/2009 89 Consent MOTION for Leave to File Supplemental Brief by ACE American
Insurance Company. Response to Motion due by 9/15/2009 (Attachments: # 1
Supplemental Brief, # 2 Ex A - Plaintiff's MSJ, # 3 Ex B - Case Law, # 4 Ex C -
UIM Endorsement)No proposed order(Murphy, John) (Entered: 08/28/2009)
09/25/2009 90 NOTICE of Request for Protection from Court Appearance by Stephen J
Wukela for 11/05-06/2009; 11/11-13/2009; 11/17/2009; 12/03-04/2009 (Wukela,
Stephen) (Entered: 09/25/2009)
03/17/2010 91 ORDER denying Plaintiff's 71 Motion for Summary Judgment; granting
Defendant's 72 Motion for Summary Judgment; granting 89 Consent Motion for
Leave to File Supplemental Brief. Signed by Honorable R Bryan Harwell on
3/16/2010. (hcic) (Entered: 03/17/2010)
03/17/2010 92 SUMMARY JUDGMENT is granted for the Defendant ACE American
Insurance Company. (hcic) (Entered: 03/17/2010)
03/30/2010 93 NOTICE OF APPEAL re 91 Order on Motion for Summary Judgment,, Order
on Motion for Leave to File - Filing fee $ 455, receipt number 0420-2636878.
The Docketing Statement form, Transcript Order form and CJA 24 form may be
obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Wukela,
Stephen) (Entered: 03/30/2010)
04/01/2010 94 Transmittal Sheet for Notice of Appeal to USCA re 93 Notice of Appeal. The
Clerk's Office hereby certifies the record and the docket sheet available through

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ECF to be the certified list in lieu of the record and/or the certified copy of the
docket entries. (hcic) (Entered: 04/01/2010)
04/05/2010 ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO
FOURTH CIRCUIT COURT OF APPEALS re 93 Notice of Appeal, Electronic
record successfully transmitted. (hcic) (Entered: 04/05/2010)
02/25/2011 96 USCA UNPUBLISHED OPINION for 93 Notice of Appeal, filed by Stanley
McWhite. (hcic) (Entered: 02/25/2011)

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