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15-124 - Paul Evert's RV Country, Inc. et al v. Universal Underwriters Insurance Company


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15-124 - Paul Evert's RV Country, Inc. et al v. Universal Underwriters Insurance Company
May 12, 2015
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STIPULATION and PROTECTIVE ORDER Regarding Confidential Information, signed by Magistrate Judge Sheila K. Oberto on 5/12/2015. (Timken, A)
March 10, 2016
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ORDER signed by Senior Judge William B. Shubb on 3/10/2016 re 20 Plaintiffs'/Cross-Defendants' Motion to Strike, or alternatively, to Dismiss Cross-Complaint: IT IS ORDERED that plaintiffs' motion to strike defendant's counterclaim for declaratory relief be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that plaintiffs' motion to dismiss be, and the same hereby is, DENIED without prejudice to plaintiffs' right to file their motion to dismiss the new counterclaim if the court grants defendant's motion to file it. Defendant has filed a 22 Motion for Leave to File a New Counterclaim, which is set for hearing on 4/4/2016. The court has not yet ruled on that motion. (Kirksey Smith, K)
March 11, 2016
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ORDER signed by Senior Judge William B. Shubb on 3/11/2016 GRANTING 26 Plaintiffs' Request for Telephonic Appearance at Motion for Leave to File Counterclaim on 4/4/2016 at 1:30 PM. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. (Kirksey Smith, K)
March 25, 2016
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ORDER DENYING AS MOOT DEFENDANT'S MOTION TO COMPEL, signed by Magistrate Judge Sheila K. Oberto on 3/25/2016. (Kusamura, W)
April 6, 2016
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ORDER signed by Senior Judge William B. Shubb on 4/6/2016 GRANTING 22 Defendant's Motion for Leave to File a Counterclaim for Declaratory Relief. (Kirksey Smith, K)
June 7, 2016
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ORDER signed by Senior Judge William B. Shubb on 6/6/16 DENYING 50 Request for Telephonic Appearance filed by Paul Evert's RV Country, Inc. (Jackson, T)
June 14, 2016
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ORDER signed by Senior Judge William B. Shubb on 6/14/2016 DENYING 32 Plaintiffs' Motion to Stay and DENYING 48 Plaintiffs' Motion to Dismiss. (Kirksey Smith, K)
August 5, 2016
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ORDER signed by Senior Judge William B. Shubb on 8/5/2016 DENYING 60 Defendant's Request to File Documents Under Seal and DENYING 63 Plaintiffs' Notice of Request to Seal Document(s). (See document for further details.) (Kirksey Smith, K)
August 18, 2016
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in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)ORDER re 65, 67 the parties' Requests to Seal and 70 plaintiff's Ex Parte Application signed by Senior Judge William B. Shubb on 8/18/2016: The Court sets Hearing on these matters for 8/29/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Plaintiffs' ex parte request that the court modify the 70 June 17, 2015 Status (Pretrial Scheduling) Order to extend the last day for filing motions from August 5, 2016 to August 8, 2016 in order to permit the late-filing of their motion for partial summary judgment on August 8, 2016 is GRANTED. The hearing date for the parties' cross-motions for summary judgment 62, 66, 68 is CONTINUED from September 6, 2016 to October 3, 2016 at 01:30 PM
August 31, 2016
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ORDER signed by Senior Judge William B. Shubb on 08/30/16 ORDERING that the parties' 65 67 Requests to Seal and plaintiff's 70 Request that the court strike documents are DENIED without prejudice. (Benson, A)
September 22, 2016
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MEMORANDUM AND ORDER re 86 THIRD AMENDED REQUEST TO SEAL signed by Senior Judge William B. Shubb on 9/22/2016: IT IS THEREFORE ORDERED that 78 plaintiffs' amended request to seal in connection with its opposition to defendant's motion for summary judgment be, and the same hereby is, GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that 86 plaintiffs' amended request to seal certain portions of their opposition to motion for summary judgment be, and the same hereby is, DENIED. (See document for further details.) (Kirksey Smith, K)
October 27, 2016
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ORDER signed by Senior Judge William B. Shubb on 10/27/2016 GRANTING 100 Cross-Defendant by Aaron Lyon's Counsel's Request to Appear by phone at the motions for summary judgment presently scheduled for Monday, 10/31/2016 at 9:00 a.m. by telephone. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call.(Kirksey Smith, K)
November 18, 2016
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ORDER signed by Senior Judge William B. Shubb on 11/17/16: GRANTING 62 Motion for Summary Judgment with respect to Universal's obligation to indemnify Evert's RV and Lyon for the punitive damages award in the underlying action and that in all other respects defendant's motion for summary judgment are DENIED; GRANTING 66 Motion for Summary Judgment with respect to Universal's obligation to indemnify Evert's RV and Lyon for the punitive damages award in the underlying action and that in all other respects defendant's motion for summary judgment are DENIED; DENYING 68 Motion for Partial Summary Judgment by all plaintiffs. (Washington, S)
November 18, 2016
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ORDER signed by Senior Judge William B. Shubb on 1/18/2016 GRANTING 109 counse for cross-defendant Aaron Lyon 's Request to attend the pre-trial hearing presently scheduled for Monday, November 21, 2016 at 1:30 p.m. by telephone. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call.(Kirksey Smith, K)
November 21, 2016
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ORDER signed by Senior Judge William B. Shubb on 11/21/2016 re new limited motion for summary judgment: If plaintiffs wish to have the court consider any additional issues on summary judgment, they must seek leave of the court to do so. Defendant's Motion to be filed by 12/7/2016. Plaintiffs' opposition is due by 12/19/2016. Defendant's reply is due by 1/3/2017. The Motion Hearing is set for 1/9/2017 at 10:30 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Pursuant to the agreement of counsel and the discussion at the conference, the Jury Trial is reset for 1/31/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
November 23, 2016
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ORDER signed by Senior Judge William B. Shubb on 11/22/2016 GRANTING 113 Request for Telephonic Appearance at the Motion Hearing on 66 Motion for Summary Judgment set for 1/9/2017; DIRECTING the courtroom deputy to email counsel with instructions on how to participate in the telephone conference call. (Michel, G.)
January 9, 2017
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ORDER signed by Senior Judge William B. Shubb on 1/9/2017 DENYING 115 Defendant's Second Motion for Summary Judgment. (Kirksey Smith, K)
January 30, 2017
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STIPULATED JUDGMENT signed by Senior Judge William B. Shubb on 1/27/17. Judgment is entered for Defendant on the issue of whether Plaintiffs and Aaron Lyon may recover damages from Defendant based on the Punitive Damages Award, pursuant to the Court's ruling on that issue in its 11/18/16 Order re: Cross-Motions for Summary Judgment, Docket No. 108. All other claims in Plaintiffs' Complaint are DISMISSED with prejudice. This dismissal does not limit the relevant evidence that Plaintiffs may use to prove a claim for damages based on Universal's alleged breach of its duties relating to the Punitive Damages Award should they prevail on their appeal of this Judgment. Defendant's claim for declaratory relief relating to the Compensatory Damage Award is DISMISSED with prejudice. Defendant's claim for declaratory relief that it provided a defense in the underlying matter as required by the Policy is DISMISSED without prejudice. Each party shall bear its own costs and attorney's fees incurred in this matter. (Becknal, R)