FOSTER v. WESTCHESTER FIRE INSURANCE COMPANY Et Al Docket

CM/ECF - PA Western
https://ecf.pawd.uscourts.gov/cgi-bin/DktRpt.pl?66128097158...
U.S. District Court Western District of Pennsylvania (Pittsburgh) CIVIL DOCKET FOR CASE #: 2:09-cv-01459-JFC
FOSTER v. WESTCHESTER FIRE INSURANCE COMPANY et al Assigned to: Joy Flowers Conti Case in other court: Court of Common Pleas of Allegheny County, GD 09-017428 Cause: 28:1441 Notice of Removal-Declaratory Judgment Plaintiff JOHN K. FOSTER, III represented by David V. Weicht Leech, Tishman, Fuscaldo & Lampl Citizens Bank Building 525 William Penn Place 30th Floor Pittsburgh, PA 15219 (412) 261-1600 Email: dweicht@leechtishman.com TERMINATED: 02/12/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Justin T. Barron Metz Lewis Brodman Must O'Keefe LLC 11 Stanwix Street 18th Floor Pittsburgh, PA 15222 412-918-1100 Email: jbarron@metzlewis.com TERMINATED: 02/12/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Manning J. O'Connor , II Cohen Seglias Pallas Greenhall and Furman, PC Gulf Tower, 18th Floor 707 Grant Street Pittsburgh, PA 15219-6401 (412) 434-5530 Date Filed: 10/30/2009 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity
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Fax: (412) 434-5565 Email: moconnor@cohenseglias.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher A. Cafardi Cohen Seglias Pallas Greenhall & Furman 707 Grant Street Gulf Tower, 18th Floor Pittsburgh, PA 15219 (412) 434-5530 Fax: (412) 291-3271 Email: ccafardi@cohenseglias.com ATTORNEY TO BE NOTICED Patrick Sorek Cohen Seglias Pallas Greenhall and Furman, PC Gulf Tower, 18th Floor 707 Grant Street Pittsburgh, PA 15219 (412) 434-5530 Fax: 412-434-5565 Email: psorek@cohenseglias.com ATTORNEY TO BE NOTICED V. Defendant WESTCHESTER FIRE INSURANCE COMPANY represented by Ansley S. Westbrook II Dinsmore & Shohl LLP One Oxford Centre 301 Grant Street Suite 2800 Pittsburgh, PA 15219 (412) 281-5000 Fax: 412-281-5055 Email: ansley.westbrook@dinslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Randal M. Whitlatch Dinsmore & Shohl LLP
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One Oxford Centre 301 Grant Street Suite 400 Pittsburgh, PA 15219 412-288-5882 Email: randal.whitlatch@dinslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Alan J. Joaquin Drinker Biddle & Reath LLP 1500 K Street, NW Suite 1100 Washington, DC 20005 202-842-8832 Fax: 202-842-8465 Email: alan.joaquin@dbr.com ATTORNEY TO BE NOTICED Ericka R. Lenz Drinker Biddle & Reath LLP 1500 K Street, N.W., Suite 1100 Washington, DC 20005 202-230-5141 Fax: 202-842-8465 Email: ericka.lenz@dbr.com TERMINATED: 01/26/2011 ATTORNEY TO BE NOTICED Janet R. McFadden Drinker Biddle & Reath LLP 1500 K Street NW Suite 1100 Washington, DC 20005 202-842-8892 Fax: 202-842-8465 Email: janet.mcfadden@dbr.com ATTORNEY TO BE NOTICED Defendant THE PLUS COMPANIES, INC. and represented by Ansley S. Westbrook II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Randal M. Whitlatch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Alan J. Joaquin (See above for address) ATTORNEY TO BE NOTICED Ericka R. Lenz (See above for address) TERMINATED: 01/26/2011 ATTORNEY TO BE NOTICED Janet R. McFadden (See above for address) ATTORNEY TO BE NOTICED Defendant LOUELLA YAVORKA represented by John E. Quinn Portnoy & Quinn One Oxford Centre 36th Floor Pittsburgh, PA 15219 (412) 765-3800 Fax: 412-765-3747 Email: jquinn@epqlawyers.com ATTORNEY TO BE NOTICED
Date Filed 10/30/2009
Docket Text
1 NOTICE OF REMOVAL from Court of Common Pleas of Allegheny County, case number GD 09-017428 (Filing fee $350, receipt number 1415627), led by WESTCHESTER FIRE INSURANCE COMPANY, THE PLUS COMPANIES, INC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (jsp) (Entered: 11/02/2009) 2 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (smc ) (Entered: 11/05/2009)
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3 CERTIFICATE OF SERVICE by WESTCHESTER FIRE INSURANCE COMPANY, THE PLUS COMPANIES, INC. re 2 Notice of ADR Designation,. (Whitlatch, Randal) (Entered: 11/06/2009) 4 Disclosure Statement identifying ACE Limited as corporate parent or other afliate, by WESTCHESTER FIRE INSURANCE COMPANY, and identifying no corporate parents or other afliates for THE PLUS COMPANIES, INC. (Whitlatch, Randal) Modied on 11/9/2009. (jsp) (Entered: 11/06/2009) 5 ANSWER to Complaint (Notice of Removal) by WESTCHESTER FIRE INSURANCE COMPANY, THE PLUS COMPANIES, INC.. (Whitlatch, Randal) (Entered: 11/06/2009) 6 ORDER ON MOTION PRACTICE. Signed by Judge Joy Flowers Conti on 12/1/09. (smc ) (Entered: 12/01/2009) 7 CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 12/22/2009. Rule 26 Meeting Report due by 1/5/2010. Status Conference set for 1/26/2010 05:00 PM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 12/1/09. (smc ) (Entered: 12/01/2009) 8 NOTICE of Appearance by Ansley S. Westbrook II on behalf of WESTCHESTER FIRE INSURANCE COMPANY, THE PLUS COMPANIES, INC.. (Westbrook II, Ansley) (Entered: 12/31/2009) 9 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Proposed Order) (Weicht, David) (Entered: 01/05/2010) Set/Reset Hearings: Case Management set for 1/26/2010 at 5:00 PM is reset for 2/3/2010 05:00 PM in Courtroom 5A before Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc ) (Entered: 01/11/2010) 10 MOTION for attorney Janet R. McFadden to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-1499945) by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachments: # 1 Proposed Order) (Whitlatch, Randal) (Entered: 01/28/2010) 11 MOTION for attorney Alan J. Joaquin to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-1499972) by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachments: # 1 Proposed Order) (Whitlatch, Randal) (Entered: 01/28/2010) 12 MOTION for attorney Ericka R. Lenz to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-1499986) by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachments: # 1 Proposed Order) (Whitlatch, Randal) (Entered: 01/28/2010)
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ORDER granting 10 Motion for Janet R. McFadden to Appear Pro Hac Vice. Signed by Judge Joy Flowers Conti on 1/29/2010. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc ) (Entered: 01/29/2010) ORDER granting 12 Motion for Ericka R. Lenz to Appear Pro Hac Vice. Signed by Judge Joy Flowers Conti on 1/29/2010. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc ) (Entered: 01/29/2010) ORDER granting 11 Motion for Alan J. Joaquin to Appear Pro Hac Vice. Signed by Judge Joy Flowers Conti on 1/29/2010. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc ) (Entered: 01/29/2010) 13 MOTION for Participation by Telephone by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachment: # 1 Proposed Order) (Whitlatch, Randal) Modied on 2/2/2010. (jsp) (Entered: 02/01/2010) 14 NOTICE of Appearance by John E. Quinn on behalf of LOUELLA YAVORKA. (Quinn, John) (Entered: 02/02/2010) 15 STIPULATION selecting ADR process by JOHN K. FOSTER, III (Weicht, David) (Entered: 02/02/2010) ORDER granting 13 Motion for Participation by Telephone. All counsel may participate in the February 3, 2010 Rule 16 Conference. The conference set for 2/3/2010 at 5:00 PM is reset for 2/3/2010 at 4:00 PM. Signed by Judge Joy Flowers Conti on 2/2/2010. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc ) (Entered: 02/02/2010) Case Management set for 2/3/2010 04:00 PM in Courtroom 5A before Joy Flowers Conti. (jsp) (Entered: 02/03/2010) Minute Entry for proceedings held before Judge Joy Flowers Conti: Status Conference held on 2/3/2010. Court discussed ADR and discovery. Orders to follow. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (Court Reporter: K. Earley) (smc ) (Entered: 02/03/2010) 16 CASE MANAGEMENT ORDER: Amended Pleadings due by 2/28/2010. Discovery due by 6/25/2010. Status Conference set for 6/28/2010 04:45 PM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 2/3/2010. (smc ) (Entered: 02/03/2010) 17 ORDER REFERRING CASE to Mediation. Eugene F. Scanlon Jr. is appointed as mediator. Party EUGENE F. SCANLON, JR added. Signed by Judge Joy Flowers Conti on 2/3/2010. (smc ) (Entered: 02/03/2010)
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18 MOTION to Extend Time to File notice of the date, time and place of mediation by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachments: # 1 Proposed Order) (Whitlatch, Randal) (Entered: 02/05/2010) 19 ORDER entered 18 Motion to Extend Time. Parties are given an extension for ling a notice of the date, time, and place of mediation until Wednesday, February 10, 2010. Signed by Judge Joy Flowers Conti on 09-1459. (smc ) (Entered: 02/09/2010) 20 Notice of Mediation by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. Mediation Date March 25, 2010 at 9:30 a.m. (Whitlatch, Randal) (Entered: 02/10/2010) 21 MOTION to Withdraw as Attorney by JOHN K. FOSTER, III. (Attachments: # 1 Proposed Order) (Weicht, David) (Entered: 02/11/2010) 22 ORDER granting 21 Motion to Withdraw as Attorney. Attorney Justin T. Barron and David V. Weicht terminated. Signed by Judge Joy Flowers Conti on 2/12/2010. (smc ) (Entered: 02/12/2010) 23 MOTION To Be Physically Excused from Mediation and to Participate by Telephone by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachments: # 1 Proposed Order) (Whitlatch, Randal) (Entered: 03/11/2010) 24 ORDER granting 23 Motion to be Physically Excused from Mediation and to Participate by Telephone. Barbara Serani, Esquire is permitted to participate in the 3/25/2010 mediation in this action by telephone. Signed by Judge Joy Flowers Conti on 3/12/2010. (smc ) (Entered: 03/12/2010) 25 First MOTION That Defendant Louella Yavorka be excused from attending in person the mediation of this case on March 25, 2010. It is further requested that Defendant Louella Yavorka be available by telephone for the mediation of this case on March 25, 2010 by LOUELLA YAVORKA. (Attachment: # 1 Proposed Order) (Quinn, John) Modied on 3/17/2010. (jsp) (Entered: 03/16/2010) 26 ORDER granting 25 Motion to Excuse Party from Attendance at Mediation. Defendant Louella Yavorka shall be available by telephone for the mediation of this case on March 25, 2010. Signed by Judge Joy Flowers Conti on 3/17/2010. (smc ) (Entered: 03/18/2010) 27 NOTICE of Appearance by Patrick Sorek on behalf of JOHN K. FOSTER, III. (Sorek, Patrick) (Entered: 03/18/2010) 28 REPORT of Mediation: Case has not been resolved. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR
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icon. Mediation session was held on 3/25/2010. (Scanlon, Eugene) (Entered: 03/30/2010) 06/03/2010 29 MOTION to reschedule June 28, 2010 status conference by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachment: # 1 Proposed Order) (Whitlatch, Randal) Modied on 6/4/2010. (jsp) (Entered: 06/03/2010) 30 ORDER granting 29 Motion to Reschedule June 28, 2010 Status Conference. Status conference set for 6/28/2010 is reset for 7/9/2010 at 1:45 PM. Signed by Judge Joy Flowers Conti on 6/8/2010. (smc ) (Entered: 06/08/2010) Set/Reset Hearings: Status Conference set for 7/9/2010 01:45 PM in Courtroom 5A before Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc ) (Entered: 06/08/2010) 31 MOTION to Take Deposition of Defendant Louella Yavorka After Fact Discovery Deadline by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachment: # 1 Proposed Order) (Whitlatch, Randal) Modied on 6/17/2010. (jsp) (Entered: 06/15/2010) 32 ORDER granting 31 Motion Regarding Deposition of Louella Yavorka. Westchester and Plus are permitted to take the deposition of Louella Yavorka if necessary after the fact discovery deadline in this case of June 25, 2010 and shall advise the Court of the status of Ms. Yavorka's deposition at the July 9, 2010 Status Conference. Signed by Judge Joy Flowers Conti on 6/16/2010. (smc ) (Entered: 06/16/2010) 33 MOTION to Take the Deposition of John Foster After the Fact Discovery Deadline of June 25, 2010 by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachments: # 1 Proposed Order) (Whitlatch, Randal) (Entered: 06/22/2010) 34 ORDER granting 33 Motion Regarding Deposition of John Foster. Westchester and Plus are permitted to take the deposition of John Foster after the fact discovery deadline in this case of June 25, 2010. The Status Conference set for July 9, 2010 is rescheduled for July 27, 2010 at 4:45 PM. Signed by Judge Joy Flowers Conti on 6/22/2010. (smc ) (Entered: 06/22/2010) 35 Joint MOTION for Leave to File Joint Status Report Regarding Discovery by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Whitlatch, Randal) (Entered: 07/20/2010) 36 ORDER granting 35 Motion for Leave to File Status Report Regarding Discovery. The status conference is rescheduled to August 30, 2010 at 4:30 PM. Signed by Judge Joy Flowers Conti on 7/21/2010. (smc ) (Entered: 07/21/2010)
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Status Conference set for 8/30/2010 04:30 PM in Courtroom 5A before Joy Flowers Conti. (jsp) (Entered: 07/22/2010) Minute Entry for proceedings held before Judge Joy Flowers Conti: Status Conference held on 8/30/2010. Discovery will be extended until the end of September. Parties are to meet and discuss mediation. Defendant Yavorka is to make a demand as further stated on the record. Telephone Status Conference set for 10/4/2010 05:00 PM before Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (Court Reporter: K. Earley) (smc ) (Entered: 08/31/2010) Set/Reset Hearings: Status Conference set for 10/4/2010 is reset for 10/21/2010 05:00 PM in Courtroom 5A before Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc ) (Entered: 09/14/2010) Set/Reset Hearings: Status Conference set for 10/21/2010 at 5:00 PM is reset for 10/21/2010 at 04:30 PM in Courtroom 5A before Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc ) (Entered: 10/04/2010) Set/Reset Hearings: Status Conference set for 10/21/2010 is reset for 10/22/2010 10:15 AM before Judge Joy Flowers Conti. The conference will be a telephone conference. Chambers will initiate the call. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter (smc ) (Entered: 10/20/2010) Minute Entry for proceedings held before Judge Joy Flowers Conti: Status Conference held on 10/22/2010. Attorney Sorek will follow-up on payment to J. Scanlon. Court set dates for Summary Judgment Motions. Order to follow. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (Court Reporter: S. Wenger) (smc ) (Entered: 10/28/2010) 37 CASE MANAGEMENT ORDER: Summary Judgment due by 11/22/2010. Response to Summary Judgment due by 12/22/2010. Reply brief due by 1/7/2011. Statement of Facts due by 1/17/2011. Signed by Judge Joy Flowers Conti on 10/22/2010. (smc ) (Entered: 10/28/2010) 38 NOTICE of Appearance by Christopher A. Cafardi on behalf of JOHN K. FOSTER, III. (Cafardi, Christopher) (Entered: 11/11/2010) 39 MOTION for Summary Judgment by JOHN K. FOSTER, III. (Attachments: # 1 Proposed Order) (Sorek, Patrick) (Entered: 11/22/2010) 40 BRIEF in Support re 39 Motion for Summary Judgment led by JOHN K. FOSTER, III. (Sorek, Patrick) (Entered: 11/22/2010)
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41 CONCISE STATEMENT OF MATERIAL FACTS re 39 Motion for Summary Judgment, 40 Brief in Support of Motion by JOHN K. FOSTER, III. (Attachments: # 1 Appendix, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit) (Sorek, Patrick) (Entered: 11/22/2010) 42 MOTION for Summary Judgment by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachments: # 1 Proposed Order) (Whitlatch, Randal) (Entered: 11/22/2010) 43 BRIEF in Support re 42 Motion for Summary Judgment led by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Whitlatch, Randal) (Entered: 11/22/2010) 44 CONCISE STATEMENT OF MATERIAL FACTS re 42 Motion for Summary Judgment, 43 Brief in Support of Motion by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Whitlatch, Randal) (Entered: 11/22/2010) 45 Appendix to 42 Motion for Summary Judgment, 44 Concise Statement of Material Facts, 43 Brief in Support of Motion by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y) (Whitlatch, Randal) (Entered: 11/22/2010) 46 RESPONSE in Opposition re 39 Motion for Summary Judgment led by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Whitlatch, Randal) Modied on 12/23/2010. (jsp) (Entered: 12/22/2010) 47 RESPONSE to 44 Concise Statement of Material Facts, led by JOHN K. FOSTER, III. (Sorek, Patrick) (Entered: 12/22/2010) 48 RESPONSE to 41 Concise Statement of Material Facts,,, led by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Whitlatch, Randal) (Entered: 12/22/2010) 49 BRIEF in Opposition re 42 Motion for Summary Judgment led by JOHN K. FOSTER, III. (Sorek, Patrick) (Entered: 12/22/2010) 50 Appendix to 48 Response by JOHN K. FOSTER, III. (Attachments: # 1 Exhibit) (Sorek, Patrick) (Entered: 12/22/2010)
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51 Appendix to 48 Response by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T) (Whitlatch, Randal) (Entered: 12/22/2010) 52 REPLY to 48 Responsive Statement of Undisputed Facts in Opposition to Motion for Summary Judgment by JOHN K. FOSTER, III. (Sorek, Patrick) Modied on 1/10/2011. (jsp) (Entered: 01/07/2011) 53 REPLY BRIEF in support re 39 Motion for Summary Judgment led by JOHN K. FOSTER, III. (Sorek, Patrick) Modied on 1/10/2011. (jsp) (Entered: 01/07/2011) 54 REPLY to Response to Motion re 49 Brief in Opposition to Motion led by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Whitlatch, Randal) (Entered: 01/07/2011) 55 REPLY Statement of Facts in support of 42 Motion for Summary Judgment led by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Whitlatch, Randal) Modied on 1/10/2011. (jsp) (Entered: 01/07/2011) 56 Appendix to 55 Reply Statement of Facts by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachments: # 1 Exhibit C, # 2 Exhibit E, # 3 Exhibit L, # 4 Exhibit Z) (Whitlatch, Randal) Modied on 1/10/2011. (jsp) (Entered: 01/07/2011) 57 CONSOLIDATED CONCISE STATEMENT OF MATERIAL FACTS and Defendants' Responses in Support of Motion for Summary Judgment by JOHN K. FOSTER, III. (Sorek, Patrick) Modied on 1/19/2011. (jsp) (Entered: 01/18/2011) 58 CONCISE STATEMENT OF MATERIAL FACTS re 55 Reply, 47 Response, 44 Concise Statement of Material Facts by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Whitlatch, Randal) (Entered: 01/18/2011) 59 MOTION to Withdraw Erika R. Lenz as Attorney by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachment: # 1 Proposed Order) (Whitlatch, Randal) Modied on 1/25/2011. (jsp) (Entered: 01/24/2011) ORDER granting 59 Motion to Withdraw as Attorney. Attorney Ericka R. Lenz terminated. Signed by Judge Joy Flowers Conti on 1/26/2011. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc ) Modied on 1/27/2011. (jsp) (Entered:
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01/26/2011) 09/20/2011 60 MEMORANDUM OPINION denying 39 Plaintiff's Motion for Summary Judgment; granting in part and denying in part 42 Defendants' Motion for Summary Judgment as set forth more fully within. Signed by Judge Joy Flowers Conti on 9/20/2011. (cal ) (Entered: 09/20/2011) 61 ORDER re 42 Motion for Summary Judgment led by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY, 39 Motion for Summary Judgment led by JOHN K. FOSTER, III. For the reasons set forth in the accompanying memorandum opinion plaintiff's motion is hereby DENIED, and defendants' motion is hereby GRANTED in part and DENIED IN PART. All plaintiff's claims, except for the bad faith claim, survive defendants' motion for summary judgment. Plaintiff's claim for bad faith is hereby dismissed. Signed by Judge Joy Flowers Conti on 9/20/2011. (cal ) (Entered: 09/20/2011)
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FOSTER v. WESTCHESTER FIRE INSURANCE COMPANY Et Al Docket

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Date Filed 10/30/2009

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