foster v. westchester fire insurance company et al docket

8/4/2019 FOSTER v. WESTCHESTER FIRE INSURANCE COMPANY et al Docket

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U.S. District CourtWestern District of Pennsylvania (Pittsburgh)

CIVIL DOCKET FOR CASE #: 2:09-cv-01459-JFC

FOSTER v. WESTCHESTER FIRE INSURANCECOMPANY 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

Date Filed: 10/30/2009Jury Demand: None

Nature of Suit: 190 Contract: Other

Jurisdiction: Diversity

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: [email protected]

TERMINATED: 02/12/2010

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Justin T. Barron

Metz Lewis Brodman Must O'KeefeLLC

11 Stanwix Street

18th Floor


412-918-1100



LEAD ATTORNEY


Manning J. O'Connor , IICohen Seglias Pallas Greenhall and

Furman, PC

Gulf Tower, 18th Floor

707 Grant Street

Pittsburgh, PA 15219-6401

(412) 434-5530

CM/ECF - PA Western https://ecf.pawd.uscourts.gov/cgi-bin/DktRpt.pl?661280971

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Fax: (412) 434-5565


LEAD ATTORNEY


Christopher A. Cafardi

Cohen Seglias Pallas Greenhall &Furman

707 Grant Street



(412) 434-5530

Fax: (412) 291-3271



Patrick Sorek

Cohen Seglias Pallas Greenhall andFurman, PC


707 Grant Street


(412) 434-5530

Fax: 412-434-5565



V.

Defendant

WESTCHESTER FIRE

INSURANCE COMPANY

represented by Ansley S. Westbrook II

Dinsmore & Shohl LLP

One Oxford Centre

301 Grant Street

Suite 2800


(412) 281-5000

Fax: 412-281-5055


LEAD ATTORNEY


Randal M. Whitlatch

Dinsmore & Shohl LLP


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One Oxford Centre

301 Grant Street

Suite 400


412-288-5882


LEAD ATTORNEYATTORNEY 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



Ericka R. Lenz


1500 K Street, N.W., Suite 1100


202-230-5141

Fax: 202-842-8465




Janet R. McFadden


1500 K Street NW

Suite 1100


202-842-8892

Fax: 202-842-8465



Defendant

THE PLUS COMPANIES, INC.

and

represented by Ansley S. Westbrook II

(See above for address)

LEAD ATTORNEY



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Randal M. Whitlatch


LEAD ATTORNEY


Alan J. Joaquin

(See above for address)ATTORNEY TO BE NOTICED

Ericka R. Lenz




Janet R. McFadden



Defendant

LOUELLA YAVORKA represented by John E. Quinn

Portnoy & Quinn

One Oxford Centre

36th Floor


(412) 765-3800

Fax: 412-765-3747



Date Filed # Docket Text

10/30/2009 1 NOTICE OF REMOVAL from Court of Common Pleas of Allegheny County,

case number GD 09-017428 (Filing fee $350, receipt number 1415627), filed 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)

11/05/2009 2 NOTICE that instant civil action has been designated for placement into the

United States District Court's Alternative Dispute Resolution program. Partiesare 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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11/06/2009 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)

11/06/2009 4 Disclosure Statement identifying ACE Limited as corporate parent or other

affiliate, by WESTCHESTER FIRE INSURANCE COMPANY, and identifying

no corporate parents or other affiliates for THE PLUS COMPANIES, INC.

(Whitlatch, Randal) Modified on 11/9/2009. (jsp) (Entered: 11/06/2009)

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)

12/01/2009 6 ORDER ON MOTION PRACTICE. Signed by Judge Joy Flowers Conti on

12/1/09. (smc ) (Entered: 12/01/2009)

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 JudgeJoy Flowers Conti. Signed by Judge Joy Flowers Conti on 12/1/09. (smc )

(Entered: 12/01/2009)

12/31/2009 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)

01/05/2010 9 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Proposed Order)

(Weicht, David) (Entered: 01/05/2010)

01/11/2010 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-onlyentry; no PDF document will issue. This text-only entry constitutes the Court's

order or notice on the matter. (smc ) (Entered: 01/11/2010)

01/28/2010 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)

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.,



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.,




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01/29/2010 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)

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)

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)

02/01/2010 13 MOTION for Participation by Telephone by THE PLUS COMPANIES, INC.,

WESTCHESTER FIRE INSURANCE COMPANY. (Attachment: # 1 Proposed

Order) (Whitlatch, Randal) Modified on 2/2/2010. (jsp) (Entered: 02/01/2010)

02/02/2010 14 NOTICE of Appearance by John E. Quinn on behalf of LOUELLA YAVORKA.

(Quinn, John) (Entered: 02/02/2010)

02/02/2010 15 STIPULATION selecting ADR process by JOHN K. FOSTER, III (Weicht,

David) (Entered: 02/02/2010)

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)

02/03/2010 Case Management set for 2/3/2010 04:00 PM in Courtroom 5A before Joy

Flowers Conti. (jsp) (Entered: 02/03/2010)

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)

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 inCourtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers

Conti on 2/3/2010. (smc ) (Entered: 02/03/2010)

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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02/05/2010 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)

02/09/2010 19 ORDER entered 18 Motion to Extend Time. Parties are given an extension for

filing 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)

02/10/2010 20 Notice of Mediation by THE PLUS COMPANIES, INC., WESTCHESTER

FIRE INSURANCE COMPANY. Mediation Date March 25, 2010 at 9:30 a.m.


02/11/2010 21 MOTION to Withdraw as Attorney by JOHN K. FOSTER, III. (Attachments: #

1 Proposed Order) (Weicht, David) (Entered: 02/11/2010)

02/12/2010 22 ORDER granting 21 Motion to Withdraw as Attorney. Attorney Justin T. Barron

and David V. Weicht terminated. Signed by Judge Joy Flowers Conti on2/12/2010. (smc ) (Entered: 02/12/2010)

03/11/2010 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,


03/12/2010 24 ORDER granting 23 Motion to be Physically Excused from Mediation and to

Participate by Telephone. Barbara Serafini, Esquire is permitted to participate in

the 3/25/2010 mediation in this action by telephone. Signed by Judge Joy


03/16/2010 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) Modified on 3/17/2010. (jsp) (Entered: 03/16/2010)

03/18/2010 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)

03/18/2010 27 NOTICE of Appearance by Patrick Sorek on behalf of JOHN K. FOSTER, III.(Sorek, Patrick) (Entered: 03/18/2010)

03/30/2010 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) Modified on 6/4/2010.

(jsp) (Entered: 06/03/2010)

06/08/2010 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)

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)

06/15/2010 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) Modified on 6/17/2010. (jsp) (Entered: 06/15/2010)

06/16/2010 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)

06/22/2010 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


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


07/20/2010 35 Joint MOTION for Leave to File Joint Status Report Regarding Discovery by

THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCECOMPANY. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Whitlatch,


07/21/2010 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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07/22/2010 Status Conference set for 8/30/2010 04:30 PM in Courtroom 5A before Joy

Flowers Conti. (jsp) (Entered: 07/22/2010)


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)

09/14/2010 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)

10/04/2010 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 constitutesthe Court's order or notice on the matter. (smc ) (Entered: 10/04/2010)

10/20/2010 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)


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)

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)

11/11/2010 38 NOTICE of Appearance by Christopher A. Cafardi on behalf of JOHN K.

FOSTER, III. (Cafardi, Christopher) (Entered: 11/11/2010)

11/22/2010 39 MOTION for Summary Judgment by JOHN K. FOSTER, III. (Attachments: # 1

Proposed Order) (Sorek, Patrick) (Entered: 11/22/2010)

11/22/2010 40 BRIEF in Support re 39 Motion for Summary Judgment filed by JOHN K.

FOSTER, III. (Sorek, Patrick) (Entered: 11/22/2010)


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11/22/2010 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)

11/22/2010 42 MOTION for Summary Judgment by THE PLUS COMPANIES, INC.,



11/22/2010 43 BRIEF in Support re 42 Motion for Summary Judgment filed by THE PLUS



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)

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,


12/22/2010 46 RESPONSE in Opposition re 39 Motion for Summary Judgment filed by THE

PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY.

(Whitlatch, Randal) Modified on 12/23/2010. (jsp) (Entered: 12/22/2010)

12/22/2010 47 RESPONSE to 44 Concise Statement of Material Facts, filed by JOHN K.


12/22/2010 48 RESPONSE to 41 Concise Statement of Material Facts,,, filed by THE PLUS



12/22/2010 49 BRIEF in Opposition re 42 Motion for Summary Judgment filed by JOHN K.


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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12/22/2010 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)

01/07/2011 52 REPLY to 48 Responsive Statement of Undisputed Facts in Opposition to

Motion for Summary Judgment by JOHN K. FOSTER, III. (Sorek, Patrick)

Modified on 1/10/2011. (jsp) (Entered: 01/07/2011)

01/07/2011 53 REPLY BRIEF in support re 39 Motion for Summary Judgment filed by JOHN

K. FOSTER, III. (Sorek, Patrick) Modified on 1/10/2011. (jsp) (Entered:

01/07/2011)

01/07/2011 54 REPLY to Response to Motion re 49 Brief in Opposition to Motion filed by

THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE

COMPANY. (Whitlatch, Randal) (Entered: 01/07/2011)

01/07/2011 55 REPLY Statement of Facts in support of42 Motion for Summary Judgment filed

by THE PLUS COMPANIES, INC., WESTCHESTER FIRE INSURANCE

COMPANY. (Whitlatch, Randal) Modified on 1/10/2011. (jsp) (Entered:

01/07/2011)

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) Modified on

1/10/2011. (jsp) (Entered: 01/07/2011)

01/18/2011 57 CONSOLIDATED CONCISE STATEMENT OF MATERIAL FACTS andDefendants' Responses in Support of Motion for Summary Judgment by JOHN

K. FOSTER, III. (Sorek, Patrick) Modified on 1/19/2011. (jsp) (Entered:

01/18/2011)

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)

01/24/2011 59 MOTION to Withdraw Erika R. Lenz as Attorney by THE PLUS COMPANIES,

INC., WESTCHESTER FIRE INSURANCE COMPANY. (Attachment: # 1Proposed Order) (Whitlatch, Randal) Modified on 1/25/2011. (jsp) (Entered:

01/24/2011)

01/26/2011 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 ) Modified 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)

09/20/2011 61 ORDER re 42 Motion for Summary Judgment filed by THE PLUSCOMPANIES, INC., WESTCHESTER FIRE INSURANCE COMPANY, 39

Motion for Summary Judgment filed 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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