lexington insurance company v. ace american insurance company docket

8/7/2019 LEXINGTON INSURANCE COMPANY v. ACE AMERICAN INSURANCE COMPANY Docket

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United States District CourtDistrict of Massachusetts (Boston)

CIVIL DOCKET FOR CASE #: 1:09-cv-11579-JLT

Lexington Insurance Company v. Ace American Insurance

Company

Assigned to: Judge Joseph L. Tauro

Cause: 28:1332 Diversity-Declaratory Judgement

Date Filed: 09/22/2009

Jury Demand: Plaintiff

Nature of Suit: 110 Insurance

Jurisdiction: Diversity

Plaintiff

Lexington Insurance Company represented by Mark E. Cohen

Zelle McDonough & Cohen LLP

101 Federal Street

14th Floor

Boston, MA 02110

617-742-6520 x 245

Fax: 617-742-1393Email: [email protected]

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

V.

DefendantAce American Insurance Company represented by Bernard London , Jr.

London Fischer LLP

59 Maiden Lane

41 St Floor

New York, NY 10038

212-972-1000


LEAD ATTORNEY

PRO HAC VICE

CM/ECF - USDC Massachusetts - Version 4.1.1 as of 03/20/2010 https://ecf.mad.uscourts.gov/cgi-bin/DktRpt.pl?5704684538166...


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Email: [email protected]

LEAD ATTORNEY


Daniel London

London Fischer LLP

59 Maiden Lane

41st Floor

New York, NY 10038

212-331-9483


LEAD ATTORNEY

PRO HAC VICE


Kevin J. O'Leary

Coughlin Betke LLP

175 Federal Street9th Flr.

Boston, MA 02110

617-988-8045


LEAD ATTORNEY


Perry Kreidman

London Fischer LLP

59 Maiden Lane

New York, NY 10038

212-972-1000


LEAD ATTORNEY

PRO HAC VICEATTORNEY TO BE NOTICED



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Date Filed # Docket Text

09/22/2009 1 COMPLAINT against Ace American Insurance Company Filing fee: $ 350,receipt number 01010000000002593327, filed by Lexington Insurance

Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil

Cover Sheet, # 5 Category Sheet)(Cohen, Mark) (Entered: 09/22/2009)

09/24/2009 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns

assigned to case. If the trial Judge issues an Order of Reference of any matter in

this case to a Magistrate Judge, the matter will be transmitted to Magistrate

Judge Leo T. Sorokin (Cummings, Mary) (Entered: 09/24/2009)09/24/2009 2 General Order 09-1, dated January 6, 2009 regarding the E-Government Act and

Personal Identifiers entered. (Cummings, Mary) (Entered: 09/24/2009)

09/24/2009 3 Summons Issued as to Ace American Insurance Company. Counsel receiving

this notice electronically should download this summons, complete one for

each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1.

Summons will be mailed to plaintiff(s) not receiving notice electronically for

completion of service. (Cummings, Mary) (Entered: 09/24/2009)

10/06/2009 4 AFFIDAVIT OF SERVICE Executed by Lexington Insurance Company. Ace

American Insurance Company served on 9/29/2009, answer due 10/19/2009.

Acknowledgement filed by Lexington Insurance Company. (Cohen, Mark)

(Entered: 10/06/2009)

10/29/2009 5 NOTICE of Appearance by Christopher G. Betke on behalf of Ace American

Insurance Company (Betke, Christopher) (Entered: 10/29/2009)

10/29/2009 6 NOTICE of Appearance by Kevin J. O'Leary on behalf of Ace American

Insurance Company (O'Leary, Kevin) (Entered: 10/29/2009)

11/03/2009 7 STIPULATION re 1 Complaint, for Extension of Time to Answer or Otherwise

Pleadby Ace American Insurance Company. (Betke, Christopher) (Entered:

11/03/2009)

11/04/2009 8 Consent MOTION for Extension of Time to File Response/Reply as to 1Complaint, by Ace American Insurance Company.(Betke, Christopher)

(Entered: 11/04/2009)



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11/05/2009 Judge Richard G. Stearns: ELECTRONIC ENDORSEMENT re7 Stipulation

filed by Ace American Insurance Company "Treated as a motion extension of

time until 11/16/09 file responsive pleading and ALLOWED." (Flaherty, Elaine)

Modified text on 11/13/2009 (Seelye, Terri). (Entered: 11/05/2009)

11/13/2009 10 Consent MOTION for Extension of Time to December 11, 2009 to File

Responsive Pleading by Ace American Insurance Company.(Betke, Christopher)

Modified on 11/17/2009 (Gaudet, Jennifer). (Entered: 11/13/2009)

11/13/2009 11 MEMORANDUM in Support re 10 Consent MOTION for Extension of Time to

December 11, 2009 to File Responsive Pleading filed by Ace American

Insurance Company. (Betke, Christopher) (Entered: 11/13/2009)11/13/2009 12 MOTION for Leave to Appear Pro Hac Vice for admission of Bernard London,

Jr. Filing fee $ 50. by Ace American Insurance Company. (Attachments: # 1

Exhibit A, # 2 Ace American Insurance Company's Brief in Support of Motion

for Pro Hac Vice Admission of)(Betke, Christopher) (Entered: 11/13/2009)

11/13/2009 13 MOTION for Leave to Appear Pro Hac Vice for admission of Perry Kreidman

Filing fee $ 50. by Ace American Insurance Company. (Attachments: # 1


for Pro Hac Vice Admission of Perry Kreidman)(Betke, Christopher) (Entered:

11/13/2009)

11/13/2009 14 MOTION for Leave to Appear Pro Hac Vice for admission of Daniel London

Filing fee $ 50. by Ace American Insurance Company. (Attachments: # 1


for Pro Hac Vice Admission of Daniel London)(Betke, Christopher) (Entered:

11/13/2009)

11/16/2009 Judge Richard G. Stearns: Electronic ORDER entered granting10 Motion for

Extension of Time (Flaherty, Elaine) (Entered: 11/16/2009)

11/16/2009 Judge Richard G. Stearns: Electronic ORDER entered granting12 , 13 , 14

Motions for Leave to Appear Pro Hac Vice; Added Bernard London, Jr, Perry

Kreidman, Daniel London for Ace American Insurance Company. Attorneys

admitted Pro Hac Vice must register for electronic filing. To register go tothe Court website at www.mad.uscourts.gov. Select Case Information, then

Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form.



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admission of Bernard London, Jr. Filing fee $ 50. (Gawlik, Cathy) (Entered:

11/19/2009)

12/09/2009 15 ANSWER to 1 Complaint, by Ace American Insurance Company.(O'Leary,

Kevin) (Entered: 12/09/2009)

12/09/2009 16 CORPORATE DISCLOSURE STATEMENT by Ace American Insurance

Company. (O'Leary, Kevin) (Entered: 12/09/2009)

02/01/2010 17 CORPORATE DISCLOSURE STATEMENT by Lexington Insurance Company

identifying Corporate Parent Chartis U.S., Inc., Corporate Parent Chartis, Inc.,

Corporate Parent Chartis Property Casualty Company, Corporate Parent

National Union Fire Insurance Company of Pittsburg, PA, Corporate Parent TheInsurance Company Of The State Of Pennsylvania, Corporate Parent American

International Group, Inc. for Lexington Insurance Company.. (Cohen, Mark)

(Entered: 02/01/2010)

02/05/2010 18 NOTICE of Scheduling Conference : Scheduling Conference set for 3/8/2010 at

3:30 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri)

(Entered: 02/05/2010)

02/16/2010 19 Consent MOTION for Extension of Time to March 11, 2010 to Initial

Conference by Ace American Insurance Company.(O'Leary, Kevin) (Entered:

02/16/2010)

02/17/2010 Judge Richard G. Stearns: Electronic ORDER entered granting19 Motion to

continue. Scheduling Conference RESET for 3/11/2010 at 3:30 PM in

Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) (Entered:

02/17/2010)

02/17/2010 20 MOTION for Leave to Appear Pro Hac Vice for admission of Cynthia

Fitzgerald by Ace American Insurance Company. (Attachments: # 1 Exhibit A,

# 2 Ace American Insurance Company's Brief in Support of Motion for

Admission Pro Hac Vice Admission Cynthia Fitzgerald)(Betke, Christopher)

(Entered: 02/17/2010)

02/18/2010 Judge Richard G. Stearns: Electronic ORDER entered granting20 Motion forLeave to Appear Pro Hac Vice of Cynthia Fitzgerald by Ace American

Insurance Company. (Flaherty, Elaine) Modified text on 2/19/2010 (Seelye,

Terri) (Entered: 02/18/2010)



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03/11/2010 Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns:

Scheduling Conference held on 3/11/2010; parties to complete discovery within

120 days; plaintiff to file Summary Judgment motion 30 days after completion

of discovery; defendant to file response to summary judgment motion within 30days. (Attorneys present: Cohen; B. London) (Seelye, Terri) (Entered:

03/11/2010)

04/05/2010 Judge Richard G. Stearns: ELECTRONIC ORDER entered REASSIGNING

CASE. Case reassigned, per agreement, to Judge Joseph L. Tauro for all further

proceedings. Judge Richard G. Stearns no longer assigned to case. Counsel are

directed to the Court's Standing Orders re: Electronic Case Filing.(Seelye, Terri)

(Entered: 04/05/2010)

08/09/2010 23 MOTION for Summary Judgment by Lexington Insurance Company.(Cohen,

Mark) (Entered: 08/09/2010)

08/09/2010 24 MEMORANDUM in Support re 23 MOTION for Summary Judgment filed by

Lexington Insurance Company. (Cohen, Mark) (Entered: 08/09/2010)

08/09/2010 25 Statement of Material Facts L.R. 56.1 re 23 MOTION for Summary Judgment

filed by Lexington Insurance Company. (Cohen, Mark) (Entered: 08/09/2010)

08/09/2010 26 AFFIDAVIT in Support re 23 MOTION for Summary Judgment filed by

Lexington Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3

Exhibit 3)(Cohen, Mark) (Entered: 08/09/2010)

09/07/2010 27 Cross MOTION for Summary Judgment by Ace American Insurance Company.

(Fitzgerald, Cynthia) Modified to correct docket text and relief on 9/10/2010

(Geraldino-Karasek, Clarilde). (Entered: 09/07/2010)

09/07/2010 28 Defendant's Response to Plaintiff's Statement of Material Facts and Defendant's

Statement of Materials Facts in Support of Cross-Motion for Summary

Judgment by Ace American Insurance Company. (Fitzgerald, Cynthia) (Main

Document 28 replaced to correct docket entry and attachments docketed as

separate entries in accordance with Local Rules on 9/10/2010) (Geraldino-

Karasek, Clarilde). (Entered: 09/07/2010)

09/07/2010 29 MEMORANDUM in Opposition re 23 MOTION for Summary Judgment and in

Support of Cross-Motion for Summary Judgment filed by Ace American

Insurance Company (Attachments: # 1 Appendix of Unreported Decisions)



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Memorandum in Opposition to Motion, 30 Affidavit in Support of Motion.

(Geraldino-Karasek, Clarilde) (Entered: 09/10/2010)

09/10/2010 Motion terminated:28 Cross MOTION for Summary Judgment docket entry

duplicated in error. (Geraldino-Karasek, Clarilde) (Entered: 09/10/2010)

09/27/2010 32 MEMORANDUM in Opposition re 27 Cross MOTION for Summary Judgment

by Ace American Insurance Company filed by Lexington Insurance Company.

(Cohen, Mark) (Entered: 09/27/2010)

09/27/2010 33 Statement of Material Facts L.R. 56.1 re 27 Cross MOTION for Summary

Judgment Plaintiff's Response to Defendants Statement of Material Facts filed

by Lexington Insurance Company. (Cohen, Mark) (Entered: 09/27/2010)

09/27/2010 34 AFFIDAVIT of Mark E. Cohen in Opposition re 27 Cross MOTION for

Summary Judgment by Ace American Insurance Company filed by Lexington

Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cohen, Mark)

(Attachment 2 replaced in pursuant to General Order 09-1 on 9/27/2010)

(Geraldino-Karasek, Clarilde). (Entered: 09/27/2010)

10/12/2010 35 Assented to MOTION for Leave to File Reply Brief To Lexington InsuranceCompanys Opposition To Its Cross Motion For Summary Judgmentby Ace

American Insurance Company.(O'Leary, Kevin) (Entered: 10/12/2010)

10/20/2010 Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting35 Motion for

Leave to File Document ; Counsel using the Electronic Case Filing System

should now file the document for which leave to file has been granted in

accordance with the CM/ECF Administrative Procedures. Counsel must include

- Leave to file granted on (date of order)- in the caption of the document.(Lovett, Zita) (Entered: 10/20/2010)

10/22/2010 36 REPLY to Response to 27 Cross MOTION for Summary Judgment filed by Ace

American Insurance Company. (Attachments: # 1 Certificate of Service)

(Fitzgerald, Cynthia) (Entered: 10/22/2010)

01/18/2011 ELECTRONIC NOTICE of Hearing :Hearing set for 2/24/2011 10:30 AM in

Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita) (Entered:01/18/2011)


lexington insurance company v. ace american insurance company docket

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