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13-1770 - ELI LILLY AND COMPANY et al v. ARCH INSURANCE COMPANY et al


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13-1770 - ELI LILLY AND COMPANY et al v. ARCH INSURANCE COMPANY et al
March 18, 2014
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ORDER granting 135 Westchester's MOTION to Dismiss - The Court concluded that there is no evidence that Defendant Westchester Surplus Lines Insurance Company has a duty to defend; and the Court lacks subject matter jurisdiction over Plaintiffs', Eli Lilly and Company and Eli Lilly Do Brasil LTDA, claim that this Defendant has a duty to indemnity them; therefore, Plaintiffs' claims against this Defendant are dismissed. Because the latter ruling does not constitute a decision on the merits, the dismissal is WITHOUT prejudice. Signed by Judge Larry J. McKinney on 3/18/2014. (JKS)
September 9, 2015
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ORDER ON MOTIONS TO DISMISS. The Court GRANTS the moving Defendants', Liberty Insurance Underwriters Inc., Commercial Union Insurance Company, Inc. l/k/a OneBeacon America Insurance Company, n/k/a Lamorak Insurance Company, Endurance American Specialty Insurance Company, RSUI Indemnity Company and Westchester Surplus Lines Insurance Co., Motions to Dismiss Count III of Plaintiffs', Eli Lilly and Company and Eli Lilly do Brasil Ltds., First Amended Complaint. Dkt. Nos. 229, 234, 235, 241 & 242. Count III is hereby DISMISSED without prejudice and with leave to amend. Plaintiffs Eli Lilly and Company and Eli Lilly do Brasil Ltds. shall have 21 days from the date of this Order to file a Second Amended Complaint if they wish to do so. SEE ORDER. Signed by Judge Larry J. McKinney on 9/9/2015. (BGT)
January 28, 2016
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ORDER. Under the circumstances presented to the Court at this time, the discovery between Lilly and Arch shall be limited to the foreign law defense and arguments raised by Arch in its Motion for Judgment on the Pleadings. Therefore, Arch's 318 Motion to Stay Discovery is GRANTED in part and DENIED in part. Lilly's Motion for Leave to File a Surreply is GRANTED because it provides information regarding the breadth of discovery being requested by Arch after briefs on Arch's Motion to Stay had been completed. Arch's Motion for Oral Argument is DENIED because the parties have fully briefed the issues and the Court needs no further argument to clarify their positions. Signed by Judge Larry J. McKinney on 1/28/2016. (BGT)
April 20, 2016
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ORDER on Plaintiffs' 380 Motion to Amend Purportedly Deemed Admission: Lilly's motion is well taken and the Court grants withdrawal of Lamorak's requests for admissions. The matters set forth in Lamorak's requests for admissions are not deemed admitted (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 4/20/2016. (SWM)
September 19, 2016
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ORDER ON PLAINTIFFS' MOTION FOR SANCTIONS - The Court GRANTS Plaintiffs' 375 Motion for Sanctions to the extent that Plaintiffs shall recover the costs, including attorneys' fees, for cancelling the arrangements for the originally-scheduled deposition and the costs, including attorneys' fees for preparing the Motion for Sanctions; but the Motion for Sanctions is DENIED in all other respects. (See Order.) Signed by Judge Larry J. McKinney on 9/19/2016. (GSO)
September 27, 2016
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7/2016. (GSO)ORDER ON CERTAIN DEFENDANTS' MOTION TO COMPEL - Defendants', Arch Insurance Company and Arch Specialty Insurance Company, 468 Motion to Compel is GRANTED in part and DENIED in part. (See Order.) Signed by Judge Larry J. McKinney on 9/2
February 8, 2017
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ORDER denying 554 Arch Defendants' Motion to Strike the Affidavits of Ian S. Pettman and Mike Brown. (See Order.) Signed by Judge Larry J. McKinney on 2/8/2017. (LDH) Modified on 2/8/2017 (LDH).
February 16, 2017
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ORDER denying 498 Defendants', Arch Insurance Company and Arch Specialty Insurance Company, Motion for Request for International Assistance. (See Order.) Signed by Judge Larry J. McKinney on 2/16/2017. (LDH)
February 16, 2017
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CORRECTED ORDER denying 498 Defendants', Arch Insurance Company and Arch Specialty Insurance Company, Motion for Request for International Assistance. (See Order.) Signed by Judge Larry J. McKinney on 2/16/2017. (LDH)
July 10, 2017
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ORDER - The Court GRANTS in part and DENIES in part the Motion. The Court STRIKES the affidavits of Ian S. Pettman and Mike Brown, and all references thereto, as they appear in conjunction with Lilly's Second Amended Complaint and Cross Motion for Partial Summary Judgment, or any responses to such documents. Arch shall be permitted to take Rule 30(b)(6) depositions of JLT regarding JLT's involvement in procuring and managing the insurance policies at issue in this action, in accordance with the relevant Federal Rules of Civil Procedure. Furthermore, Lilly shall be required to pay Arch's costs in connection with this Motion. Arch shall file proof of its reasonable attorney's fees associated with the Motion within fourteen days from the date of this Order, and Lilly shall have ten days thereafter to file its objections to Arch's claimed fees. (See Order.) Signed by Judge Larry J. McKinney on 7/10/2017. (GSO)
July 21, 2017
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ORDER ON MOTION TO SEAL PORTIONS OF ORDER - The Court DENIES Lilly's 694 Motion to Seal Portions of the Court's July 10, 2017, Order. (See Order.) Signed by Judge Larry J. McKinney on 7/21/2017. (GSO)
August 17, 2017
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days of the date of this Order. (See Order.) Signed by Judge Larry J. McKinney on 8/17/2017. (GSO)ORDER ON ATTORNEY'S FEES AWARD - The Court GRANTS in part and DENIES in part Arch's request for attorney's fees and costs. Arch is awarded attorney's fees and costs in the amount of $81,611.39 to be paid by Lilly within 30
September 1, 2017
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ORDER granting in part and denying in part Defendants' 710 Motion to Compel - Plaintiffs Eli Lilly and Company and Lilly do Brasil, Ltda., shall identify all documents it provided to Saltsgaver in order to refresh Saltsgaver's recollection and otherwise prepare him for the depositions in his individual capacity and in his capacity as a Rule 30(b)(6) representative. To the extent they have not already been provided, Plaintiffs Eli Lilly and Company and Lilly do Brasil, Ltda., must also produce all of the electronic notes that Saltsgaver reviewed to refresh his recollection for his depositions. Furthermore, the Court DENIES the parties' cross requests for attorney's fees in relation to this Motion to Compel. Signed by Judge Larry J. McKinney on 9/1/2017. (JKS)
January 26, 2018
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]. **SEE ORDER** Signed by Magistrate Judge Tim A. Baker. (MGG)ORDER ON JANUARY 19, 2018, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel on January 19, 2018, for a telephonic status conference. Discussion was held regarding the numerous motions to seal that have been filed in this action. Pursuant to discussions during the telephonic status conference, the Court grants the following motions that documents be maintained under seal: Filing Nos. 849, 853, 859, 863, 868, 874, 878, 903, 906, 915, 919, 922, 925, and [928