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12-1489 - American States Ins. Co. v. Insurance Co. of the State of Pennsylvania


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12-1489 - American States Ins. Co. v. Insurance Co. of the State of Pennsylvania
July 6, 2012
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ORDER signed by Judge Kimberly J. Mueller on 7/6/2012 ORDERING that cases: 2:09-cv-02445 KJM EFB, 2:11-cv-00346 MCE JFM and 2:12-cv-01489 JAM DAD not be related to each other; EXPRESSING no opinion regarding the relation of cases: 2:11-cv-00346 MCE JFM and 2:12-cv-01489 JAM DAD. (Michel, G)
March 8, 2013
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ORDER signed by Chief Judge Morrison C. England, Jr., on 3/8/13 ORDERING that plaintiff's 19 Motion for Leave to File a Second Amended Complaint is GRANTED. Plaintiff is directed to file the proposed Second Complaint, as attached to the instant motion, not later than 10 days following the date this Order is electronically filed. ISOP's 17 Motion to Dismiss the First Amended Complaint is DENIED as moot. (Kastilahn, A)
May 2, 2013
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STIPULATION and ORDER 37 for extension of time signed by Chief Judge Morrison C. England, Jr. on 4/30/2013. Defendant Insurance Company of State of Pennsylvania to answer or otherwise respond to 35 Second Amended Complaint by 5/28/2013. (Marciel, M)
May 23, 2013
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 5/23/2013 GRANTING American States Insurance Company leave to file a Third Amended Complaint. (Michel, G)
July 25, 2013
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 7/23/13. The hearing as to 42 Motion to Dismiss is reset for 8/8/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. Defendant's reply to opposition to the motion due on or before 8/1/13. (Manzer, C)
January 24, 2014
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MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr. on 1/22/2014 GRANTING 42 Motion to Dismiss with respect to the Second and Third Causes of Action contained in the 41 Third Amended Complaint; DENYING 42 Motion to Dismiss with respect to the First and Fourth Causes of Action contained in the 41 Third Amended Complaint; PERMITTING the plaintiff to file a Fourth Amended Complaint within thirty (30) days. (Michel, G)
March 11, 2014
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ORDER signed by Chief Judge Morrison C. England, Jr. on 3/10/2014 ORDERING the Court hereby GRANTS Plaintiff American States Insurance Company leave to file a Corrected Third Amended Complaint. The Third Amended Complaint is to be filed not later than 30 days after this Order is filed. (Reader, L)
November 10, 2014
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ORDER of RECUSAL signed by Magistrate Judge Carolyn K. Delaney on 11/10/14. Magistrate Judge Carolyn K. Delaney recused. Case reassigned to Magistrate Judge Allison Claire for all further proceedings. The 11/19/14 hearing on the Motion to Compel is VACATED. (Manzer, C)
January 15, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr on 1/14/15 DENYING 64 Motion for Protective Order without prejudice. (Manzer, C)
February 23, 2015
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PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 2/20/15. (Mena-Sanchez, L)
April 21, 2015
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ORDER ON 84 REQUEST TO SEAL DOCUMENTS signed by Chief Judge Morrison C. England, Jr. on 04/20/15 ORDERING that the following documents shall be filed under seal until further order: Exhibits A through H and Exhibits J through K to the Declaration of Lisa L. Pan in Support of American's Motion for Summary Adjudication; Exhibits X and Y to the Declaration of Rhonda Cully in Support of American's Motion for Summary Adjudication; Exhibit 3 to the Declaration of Jerry Strawn in Support of American's Motion for Summary Adjudication; and Exhibit A to the Declaration of Brenda A. Bissett in Support of American's Motion for Summary Adjudication. (Benson, A)
May 19, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 5/19/2015 ORDERING that if the Court does not take under submission and determines to hear oral argument and hold a hearing on American's 85 summary adjudication motion and ICSOP's 99 summary judgment motion, then that hearing will be continued to 7/16/2015 at 2:00 p.m.. The current briefing schedule on the summary adjudication motion and the summary judgment motion remain unchanged. (Zignago, K.)
May 19, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 5/19/2015 GRANTING 109 Notice of Request to Seal Document(s) filed by Insurance Company of the State of Pennsylvania. (Zignago, K.)
October 1, 2015
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ORDER signed by Magistrate Judge Allison Claire on 10/1/15 ORDERING that the hearing on Defendant's Discovery Motion 147 is CONTINUED from 10/14/15 to 11/4/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. The Joint Statement of Discovery Disagreement and all declarations in support of and in opposition to Defendant's Motion shall be filed on or 10/28/2015. (Mena-Sanchez, L)
October 14, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 10/13/2015 ORDERING that the trial date and all pretrial deadlines are VACATED. The Court shall, if necessary, reset the trial date and all pretrial deadlines after it rules on the parties' cross-motions for summary adjudication and summary judgment. (Zignago, K.)
March 23, 2016
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MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr. on 3/23/2016. Plaintiff's 85 Motion for Summary Judgment is GRANTED and defendant's 99 Motion for Summary Judgment is DENIED. Plaintiff is entitled to Summary Judgment on its first claim for relief, as defendant had a primary and independent duty to defend Sierra in the Moonlight Fire lawsuits. (Marciel, M)
August 1, 2016
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ORDER signed by District Judge Morrison C. England, Jr. on 7/29/2016 ORDERING 165 that the following documents shall be filed under seal until further order: Exhibits C and E to the Declaration of Eric Strain filed on 7/28/2016 in Opposition to American's Motion for Summary Judgment. (Reader, L)
August 25, 2016
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ORDER signed by District Judge Morrison C. England, Jr on 08/23/16 ORDERING that the 172 Request to Seal Documents is GRANTED; Exhibits 1, 2 and 3 to the 157 Declaration of Rhonda Cully are FILED UNDER SEAL. (Benson, A)
March 28, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 3/27/2017 DENYING 162 Motion for Reconsideration. (Zignago, K.)
March 28, 2017
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AMENDED MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 3/27/2017 ORDERING that Plaintiff's 85 Motion for Summary Judgment is GRANTED, and Defendant's 99 Motion for Summary Judgment is DENIED. Plaintiff is entitled to summary judgment on its first claim for relief, as Defendant had a primary and independent duty to defend Sierra in the Moonlight Fire lawsuits. (Zignago, K.)
May 23, 2017
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MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr on 5/22/2017 ORDERING that Plaintiff American States' Motion for SummaryJudgment (ECF No. 157) is DENIED. Should the parties wish to file an additional summary judgment motion on grounds that another recognized equitable apportionment method should apply in determining ICSOP's share of the fees and costs borne by American States in defending Sierra, they may do so within the next 60 days. Otherwise, the parties are DIRECTED to file a Joint Statement of trial readiness in this matter. (Becknal, R)
July 27, 2017
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Garcia filed in support of 184 Motion for Summary Judgment. (Washington, S)ORDER signed by District Judge Morrison C. England, Jr on 7/26/2017 APPROVING 183 Notice of Request to Seal Document(s), hat the following documents shall be filed under seal until further order: Exhibits A, B, and C to the Declaration of Juan Luis
July 31, 2017
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ORDER signed by District Judge Morrison C. England, Jr on 7/28/2017 ORDERING Motions for Summary Judgment shall be filed on 7/21/2017; Oppositions shall be filed on 9/7/2017; Replies shall be filed on 9/28/2017; and the hearings for 182, 184 Motions for Summary Judgment, are set for 10/5/2017 before District Judge Morrison C. England Jr.(Washington, S)
September 12, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 9/11/2017 GRANTING the plaintiff's Request to Seal Documents. (Michel, G.)
September 27, 2017
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STIPULATION and ORDER SETTING REVISED BRIEFING SCHEDULE signed by District Judge Morrison C. England, Jr on 9/26/17. The parties' replies shall be filed no later than 10/12/2017. (Mena-Sanchez, L)
October 19, 2017
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ORDER signed by District Judge Morrison C. England, Jr on 10/18/17 GRANTING Insurance Company of the State of Pennsylvania's Request to seal documents.(Mena-Sanchez, L)
March 30, 2018
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MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr on 3/29/18 ORDERING that Plaintiff American States' Motion for SummaryJudgment 182 as to its remaining claim for equitable contribution is GRANTED to the extent that the Court finds that American is entitled to equitable contribution from Defendant ICSOP in the amount of $6,613,957.28, or one half of the $13,227,914.56 American paid in defending Sierra Pacific Industries in the Moonlight Fire lawsuits. Judgment shall be entered in American States favor accordingly. American States' request for prejudgment interest on that award is, however, DENIED, as is ICSOP's own Motion for Summary Judgment 184 which argued for a reduced entitlement to contribution. The matter having now been concluded in its entirety, the Clerk of Court is directed to close the file. CASE CLOSED. (Mena-Sanchez, L)
May 3, 2018
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ORDER signed by District Judge Morrison C. England, Jr., on 5/2/18, ORDERING that pursuant to Federal Rule of Civil Procedure 62(d) and E.D. Cal. Local Rule 151(d))the Court APPROVES this bond. (Kastilahn, A)
May 15, 2018
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ORDER signed by District Judge Morrison C. England, Jr on 5/15/2018 GRANTING 217 Motion (Hunt, G)