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06-421 - National Fire Insurance of Hartford v. Millard Refrigerated Services


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06-421 - National Fire Insurance of Hartford v. Millard Refrigerated Services
June 7, 2006
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ORDER (USDC-TX (Northern), Case Number 4:06cv261) Status Report due by 5/18/06. Signed by Judge John McBryde.(MKR, )
June 21, 2006
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ORDER If he wishes to participate as counsel of record in this case, Craig M. Antasshall obtain admittance to practice in this district, enter a written appearance, and registerfor the court's CM/ECF System in compliance with NEGenR 1.3 and 1.7. Patrick C. Hess shall submit the documents necessary for admittance topractice in this district and shall register for the court's CM/ECF System, as previouslyrequested by the Clerk by letter dated June 12, 2006 (Filing 26). Since the record received from the Northern District of Texas reflects that BrianJ. Judis, Ernest C. Garcia, and Sharon Baxter were counsel of record at the time thecase was transferred, these attorneys are directed to file motions for leave to withdraw. ifthey no longer wish to participate as counsel. When leave to withdraw is granted, theattorneys will be excused from obtaining admittance to practice in this district and fromregistering for the court's CM/ECF System. Signed by Magistrate Judge F. A. Gossett on 6/21/2006. Copy mailed Craig M. Antas (DKM, )
August 1, 2006
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ORDER - IT IS ORDERED that counsel's Motion for Leave to Withdraw 39 is granted, as follows:1. Attorneys Brian J. Judis, Ernest C. Garcia, Sharon Baxter and D. RandallMontgomery are granted leave to withdraw as counsel of record for plaintiff.2. Attorneys Brian J. Judis, Ernest C. Garcia, Sharon Baxter and D. RandallMontgomery are hereby excused, for purposes of this case, from obtaining admittance to practice in this district and from registering for the court's CM/ECF System. Signed by Magistrate Judge F. A. Gossett on 8/1/2006. (TJS)
August 25, 2006
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ORDER TO SHOW CAUSE. Attorneys John C. Hart and Bruce H. Rogers shall obtain admittance to practice in this district and register for the CM/ECF System or show cause by written affidavit why they cannot comply with the rules of the court. Show Cause Deadline set for 9/14/2006. Ordered by Magistrate Judge F. A. Gossett (CLS, )
October 26, 2006
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ORDER TO SHOW CAUSE that Attorneys John C. Hart and Bruce H. Rogers shall shall, before the close of business on Tuesday, October 31, 2006, either (a file motions for leave to withdraw as defense counsel, or (b)?show cause why they should not be terminated as counsel of record in this case for failure to obtain admittance to practice in this district, failure to register for the court's CM/ECF System, and failure to obey the orders of the court. Ordered by Judge Magistrate F. A. Gossett. (Copies were mailed to John C. Hart and Bruce H. Rogers from chambers on 10/26/2005.)(CLS, )
October 31, 2006
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ORDER granting 45 Motion to Withdraw. The Clerk shall terminate the appearances of attorneys John C. Hart and Bruce H. Rogers as counsel for Millard Refrigerated Services, Inc. For purposes of this case, John C. Hart and Bruce H. Rogers are excused from the court's registration requirements. The Order to Show Cause 44 is deemed satisfied. Ordered by Magistrate Judge F. A. Gossett.(CLS, )
December 18, 2006
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ORDER granting 51 Motion to Intervene filed by Certain Underwriters at Lloyd's of London; granting 54 Motion to Intervene filed by Hartford Casualty Insurance Co. The intervening plaintiffs are given until and including 1/19/2007 to file and serve their Complaints. Ordered by Magistrate Judge F. A. Gossett.(CLS, )
December 18, 2006
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ORDER granting 48 and 49 Motions to Consolidate Cases Nos. 8:05CV541 and 8:06CV421 for trial. For purposes of maintaining an appellate record, all further pleadings shall include in the caption the names of all parties and shall be filed in both cases. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
February 6, 2007
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ORDER granting 62 Motion for Leave to File Counterclaims. Millard Refrigerated Services, Inc. shall file and serve its counterclaims forthwith. The counterclaim defendants shall respond within ten (10) business days of service. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
May 4, 2007
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ORDER. The motion of Admiralty Island Fisheries, Inc., for leave to file an amended complaint (Filing 39 in Case No. 8:05CV00541) is held in abeyance, and Admiralty Island Fisheries, Inc. is given until and including May 10, 2007 to file an amended motion that complies with the requirements of NECivR 15.1 and NECivR 7.1. The amended motion shall be filed in both of the consolidated cases as previously ordered. This order is not intended to alter the case progression order and is entered without prejudice to any party opposing the motion on grounds of timeliness.Ordered by Magistrate Judge F. A. Gossett. (CLS, )
May 4, 2007
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AMENDED CONSOLIDATION ORDER that Case No. 8:05CV541 is hereby designated as the "Lead Case." Case No. 8:06CV421 is hereby designated as the "Member Case."; The court's CM/ECF System now has the capacity for "spreading" text among connsolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in all Member Cases. To this end, the parties are instructed to file all further documents (except those described in paragraph 3, below) in the Lead Case, No. 8:05CV541, and to select the option "yes" in response to the System's question whether to spread the text; The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; or to file itemsrelated to service of process; If a party believes that an item in addition to those described in paragraph 3 should not be filed in all the consolidated cases, the party must move for permission to file the item in one or more member cases. The motion must be filed in all the consolidated cases using the spread text feature. Ordered by Judge F. A. Gossett. (CJP)
May 18, 2007
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ORDER granting (39) Motion for Leave and (43) Amended Motion for Leave in case 8:05-cv-00541-LSC-FG3; granting (83) Motion for Leave in case 8:06-cv-00421-LSC-FG3. Admiralty Island Fisheries, Inc. shall file and serve its amended complaint no later than May 30, 2007. Adverse parties shall respond to the amended complaint within the time allowed by Fed. R. Civ. P. 15(a). Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3Ordered by Magistrate Judge F. A. Gossett. (CLS, )
May 31, 2007
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ORDER granting (47) Motion to Compel in case 8:05-cv-00541-LSC-FG3; granting (79) Motion to Compel in case 8:06-cv-00421-LSC-FG3. Suram, Icicle and Global are given until and including June 15, 2007 to respond to Millard's discovery requests, in full compliance with Rules 33 and 34 of the Federal Rules of Civil Procedure. Suram, Icicle and Global shall identify their corporate representatives and provide firm dates for their representatives' depositions by June 7, 2007. No later than June 15, 2007, counsel for Millard, Icicle, Global and Suram shall file a joint status report addressing their progress in scheduling these Rule 30(b)(6) depositions. Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3. Ordered by Judge F. A. Gossett. (CLS, )
June 5, 2007
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STRICKEN - MEMORANDUM AND ORDER - The Plaintiffs Motion for Partial Summary Judgment filed by Plaintiff Admiralty Island Fisheries, Inc. 70 (#35 in 8:05-cv-00541) is denied without prejudice to reassertion after August 2, 2007, and before August 30, 2007. If Plaintiff Admiralty Island Fisheries chooses simply to revive its Motion for Partial Summary Judgment at a later time, rather than re-file revised or amended documents, it may file a single-page notice to that effect, asking the Court to revive the motion, brief, and evidence by reference to the document name and docket numbers. The Defendant's Motion for Leave 80 (#48 in 8:05-cv-00541) to Complete Necessary Discovery prior to responding to Admiraltys Motion for Summary Judgment is denied as Moot. Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3. Ordered by Judge Laurie Smith Camp. (JAE, ) Modified on 6/14/2007 to indicate stricken per order, filing 93 (JAE, ).
June 14, 2007
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MEMORANDUM AND ORDER - Because the Court erroneously referenced the moving plaintiff in the Memorandum and Order dated June 5, 2007 (91 in 8:06-cv-00421 and 59 in 8:04-cv-541) the Memorandum and Order dated June 5, 2007 is withdrawn, and the Clerk is directed to strike it from the record. The Motion for Partial Summary Judgment filed by National Fire Insurance of Hartford as subrogee of Suram Trading Corporation (70 in 8:06-cv-00421 and 35 in 8:04-cv-541) isdenied without prejudice to reassertion, if at all, on a date after August 2,2007, and before August 30, 2007. The Defendant's Motion for Leave to Complete Necessary Discovery prior to responding to Plaintiff's Motion for Summary Judgment (80 in 8:06-cv-00421 and 48 in 8:04-cv-541)is denied as moot. Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3. Ordered by Judge Laurie Smith Camp. (JAE, ) Modified on 6/19/2007 to correct case numbers. (JAE, ).
August 21, 2007
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ORDER granting (65) Motion to Extend Progression Order Deadlines in case 8:05-cv-00541-LSC-FG3; granting (97) Motion to Extend Progression Order Deadlines in case 8:06-cv-00421-LSC-FG3. The parties are given leave to complete additional discovery, up until 9/21/2007. The 1/18/2007 Amended Progression Order is amended to reflect that the parties have until 9/21/2007 to complete depositions, and 10/12/2007 to reassert and/or file Motions for Summary Judgment. Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
November 14, 2007
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MEMORANDUM AND ORDER - The Plaintiffs Motions for Partial Summary Judgment (Filing Nos. 35 and 44 in Case No. 8:05cv541; and Filing Nos. 70 and 100 in 8:06cv421) are denied; and The Defendants Motions for Partial Summary Judgment as to the Plaintiffs (Filing Nos. 69, 70, 71, and 72 in Case No. 8:05cv541; and Filing Nos. 101, 102, 103, and 104 in Case No. 8:06cv421) are denied.Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3Ordered by Judge Laurie Smith Camp. (MKR)
December 3, 2007
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ORDER - On November 30, 2007, cousnel notified the court that all claims in Case No. 8:06cv421 have been settled. On or before December 31, 2007 the parties shall file a joint stipulation for dismissal together with submitting to Judge Smith Camp a draft order which will fully dispose of the case. Absent compliance with this order, this case, including all counterclaims and the like may be dismissed without further notice. All case progression deadlines are hereby terminated as tot he claims asserted in case no. 8:06cv421 upon the representation that this case is settled.Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3Ordered by Magistrate Judge F. A. Gossett. (MKR)
January 14, 2008
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ORDER OF DISMISSAL approving (111) Joint Stipulation for Dismissal in case 8:05-cv-00541-LSC-FG3; and approving (141) Joint Stipulation for Dismissal in case 8:06-cv-00421-LSC-FG3. All pending motions aer denied as moot. The complaints, the counterclaims, and all claims of whatever kind that have been asserted in these cases by any party or by any intervenor are dismissed with prejudice. Unless otherwise agreed by and between them in writing, the parties shall pay their own attorney fees. The parties shall pay their own costs as agreed in the stipulations of dismissal. Member Cases: 8:05-cv-00541-LSC-FG3, 8:06-cv-00421-LSC-FG3 Ordered by Judge Laurie Smith Camp. (JSF)