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14-4717 - Certain Underwriters at Lloyds et al v. National RailRoad Passenger Corporation et al


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14-4717 - Certain Underwriters at Lloyds et al v. National RailRoad Passenger Corporation et al
March 13, 2015
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MEMORANDUM & ORDER: The defendant's motion 174 to change venue is DENIED. Amtrak has not made a clear and convincing showing that this case should be transferred to the District of Columbia. See Accantia, 908 F. Supp. 2d at 441([A] court should not disturb a plaintiffs choice of forum unless the defendants make a clear and convincing showing that the balance of convenience factors defendants choice.). Ordered by Judge Frederic Block on 3/13/2015. (Innelli, Michael)
May 16, 2016
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MEMORANDUM AND ORDER granting in part and denying in part 256 Motion to Compel; granting in part and denying in part 345 Motion for Protective Order; granting in part and denying in part 346 Motion for Protective Order; denying 373 Motion to Strike. For the reasons stated in the attached opinion, the Court (1) grants in part and denies in part Amtrak's motion to compel; and (2) denies in substantial part the Insurers' motions for a protective order. In addition, the Court denies Amtrak's motion to strike the declarations submitted in support of a protective order. Ordered by Chief Mag. Judge Roanne L. Mann on 5/16/2016. (Williams, Jennifer)
November 30, 2016
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MEMORANDUM AND ORDER granting in part and denying in part 469 Motion for Discovery. Amtrak must select, by December 1, 2016, ten following market syndicates and/or companies that subscribed to Amtrak Policies, and plaintiffs must produce, by December 8, 2016, non-privileged underwriting and claims files from those syndicates or companies. Any objections to the Memorandum and Order must be filed with the Honorable Frederic Block by December 14, 2016, or will be deemed waived. The filing of any objection will not automatically stay this Court's order of production. See attached M&O. Ordered by Chief Mag. Judge Roanne L. Mann on 11/30/2016. (Proujansky, Josh) Modified on 12/1/2016 (Pauley, Anders).
January 17, 2017
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MEMORANDUM AND ORDER granting in part and denying in part 555 Motion to Compel. The Court directs LMI to produce Mr. Donaldson for the completion of the deposition that was terminated prematurely due to his illness. The Court rules that Amtrak will be permitted to question Mr. Donaldson regarding RMI's search for responsive documents and production; the Court declines to direct the production of any additional witness. RMI is directed to file a declaration, by January 23, 2017, detailing the circumstances under which the one-page chart Mr. Donaldson produced at his Rule 30(b)(6) deposition was created. The Court will then rule on this aspect of Amtrak's motion. Finally, RMI must identify by bates numbers, by January 23, 2017, those documents produced that constitute third-party claims handling files. Any objections to the Memorandum and Order must be filed with the Honorable Frederic Block by January 31, 2017, or will be deemed waived. The filing of any objection will not automatically stay this Court's order of production. See attached M&O for further rulings. Ordered by Chief Mag. Judge Roanne L. Mann on 1/17/2017. (Proujansky, Josh)
January 26, 2017
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ORDER: The London Market Insurers premotion letter of March 29, 2016, is construed as a motion to dismiss Amtraks third-party complaint and amended third-party complaint. So construed, the motion is granted. Those two pleadings are dismissed without prejudice to Amtraks right to bring a separate action against the same third parties if circumstances warrant. Ordered by Judge Frederic Block on 1/26/2017. (Innelli, Michael)
February 17, 2017
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MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS, except to the limited extent discussed herein. The Court modifies as follows that aspect of the Report and Recommendation that would permit Amtrak to further supplement its privilege log: Instead, Amtrak must produce, by February 23, 2017, the 54 withheld documents listed on page 17 of the Report and Recommendation. Any objections to the Memorandum and Order must be filed with the Honorable Frederic Block by March 3, 2017, or will be deemed waived. The filing of any objection will not automatically stay this Courts order of production. Ordered by Chief Mag. Judge Roanne L. Mann on 2/17/2017. (Proujansky, Josh)
March 28, 2017
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MEMORANDUM AND ORDER denying 583 Motion to Strike. LMI must file a letter by April 3, 2017, describing the supplemental discovery they seek, limited to the newly disclosed costs claimed by Amtrak. Any objections to this Memorandum and Order must be filed with the Honorable Frederic Block by April 14, 2017, or will be deemed waived. See attached for further discussion. Ordered by Chief Mag. Judge Roanne L. Mann on 3/28/2017. (Proujansky, Josh)
April 14, 2017
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MEMORANDUM AND ORDER granting in part and denying in part 606 Motion for Discovery. Amtrak must respond to Supplemental Interrogatory 1 by April 21, 2017 and, by April 28, 2017, must, at LMI's request, produce a Rule 30(b)(6) witness strictly limited to Subject Matters 1 and 4; LMI may serve Mr. Vaillancourt's limited supplemental report by May 10, 2017. The deadline for the completion of the depositions of Messrs. Dubinsky, Simon and Vaillancourt is extended to May 19, 2017. Any objections to this Memorandum and Order must be filed with the Honorable Frederic Block by April 28, 2017, or will be deemed waived. The filing of an objection will not stay this Court's Order. Ordered by Chief Mag. Judge Roanne L. Mann on 4/14/2017. (Proujansky, Josh)
August 17, 2017
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MEMORANDUM AND ORDER: The Court must still address the remaining issues raised in the parties motions for summary judgment, including the construction and effect of the pollution exclusion in certain policies and whether Amtrak gave timely notice of loss and complied with other procedural prerequisites to coverage. In the meantime, the Court expects that the parties will use the holdings of this memorandum and order to effectively husband their resources in anticipation of trial. Ordered by Judge Frederic Block on 8/17/2017. (Innelli, Michael)
September 21, 2017
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MEMORANDUM and ORDER: For the reasons stated in this and the prior memorandum of law, the LMIs motion 594 & 605 for summary judgment and Amtraks motion 592for partial summary judgment are both denied. The excess insurers motion 775 for summary judgment is granted with respect to Amtraks breach of contract claims, but otherwise denied. Ordered by Judge Frederic Block on 9/21/2017. (Innelli, Michael) Modified on 9/21/2017 (Innelli, Michael). Modified on 9/21/2017 (Innelli, Michael).
June 1, 2018
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MEMORANDUM AND ORDER: The parties shall, by June 15, 2018, submit a joint letter outlining all issues--including the four mentioned in this memorandum and order--which would need to be resolved for the Court to enter a partial final judgment bringing stage one to a conclusion. The letter shall, with respect to each issue identified, set forth the parties positions as to whether there are any disputed issues of fact requiring an evidentiary hearing. Finally, the letter should propose a schedule and page limits for a single round of briefing on the issues identified. Ordered by Judge Frederic Block on 6/1/2018. (Innelli, Michael)