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14-953 - Foster Poultry Farms, Inc. v. XL Insurance et al


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14-953 - Foster Poultry Farms, Inc. v. XL Insurance et al
November 6, 2014
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STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 11/6/14: Discovery due by 11/17/2014. Dispositive Motions filed by 9/1/2015. Final Pretrial Conference set for 11/9/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 1/12/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)
February 18, 2015
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ORDER RE STIPULATED PROTECTIVE ORDER Signed by Magistrate Judge Stanley A. Boone on 2/18/2015. (Hernandez, M)
February 26, 2015
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Order amending scheduling order, signed by Magistrate Judge Stanley A. Boone on 2/25/2015. (Designation of Expert Witnesses due by 5/1/2015; Discovery due by 7/1/2015) (Figueroa, O)
May 14, 2015
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ORDER AMENDING SCHEDULING ORDER. Signed by Magistrate Judge Stanley A. Boone on 5/13/2015. (Hernandez, M)
September 3, 2015
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ORDER signed by Senior Judge William B. Shubb on 9/3/2015 DENYING the parties' 38, 39 Requests to Seal Documents. (Kirksey Smith, K)
September 23, 2015
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ORDER signed by Senior Judge William B. Shubb on 9/23/2015 DENYING 42 Plaintiff's Request to Seal and DENYING 48 Defendant Certain Underwriters of Lloyd's Request to Seal. (Kirksey Smith, K)
October 9, 2015
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MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 10/9/2015 re Motions for Summary Judgment; Motion to Strike: IT IS ORDERED that: 1) 46 Foster's Motion for Partial Summary Judgment on its declaratory relief claim be, and the same hereby is, GRANTED; 2) 47 Insurers' Motion for Summary Judgment on both of Foster's claims be, and the same hereby is, DENIED; and 3) 54 Foster's Motion to Strike be, and the same hereby is, DENIED as MOOT as to summary judgment and DENIED WITHOUT PREJUDICE as to trial. (Kirksey Smith, K)
November 20, 2015
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ORDER re SETTLEMENT CONFERENCE, signed by Magistrate Judge Sheila K. Oberto on 11/20/2015. (Timken, A)
January 20, 2016
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AMENDED MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 1/20/2016 Amending 59 Memorandum and Order filed 10/9/2015: IT IS ORDERED that: 1) 46 Foster's Motion for Partial Summary Judgment on its declaratory relief claim be, and the same hereby is, GRANTED; 2) Insurers' 47 Motion for Summary Judgment on both of Foster's claims be, and the same hereby is, DENIED; and 3) Foster's 54 Motion to Strike be, and the same hereby is, DENIED as moot as to summary judgment and DENIED without prejudice as to trial. This Order supersedes and replaces the 59 Court's previous Order of October 9, 2015, 2015 WL 5920289, nunc pro tunc.. (Kirksey Smith, K)
February 11, 2016
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MEMORANDUM OF DECISION signed by Senior Judge William B. Shubb on 2/11/2016: For the reasons stated herein, the court hereby finds for Foster on its breach of contract claim and finds that Foster suffered Loss in the amount of $2,706,398.00 covered by the Policy. This matter is set for oral argument on 4/4/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb for the limited purpose of allowing the parties to address the remaining issues of: (1) whether Foster is entitled to prejudgment interest; (2) how the $2 million retention under the Policy should be treated; (3) whether defendant is entitled to any offset from Foster's settlement with Orkin; and, if so, (4) the amount of such offset. IT IS SO ORDERED. (See document for further details.) (Kirksey Smith, K)
April 25, 2016
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 4/25/2016 ORDERING that this action is DISMISSED with prejudice, with each party to bear its own costs and fees. CASE CLOSED. (Zignago, K.)