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6DIV, APPEAL, CLOSED, CV, PROTO

U.S. District Court


District of Minnesota (DMN)
CIVIL DOCKET FOR CASE #: 0:08−cv−06370−JNE−RLE
Internal Use Only

W3i Mobile, LLC v. Westchester Fire Insurance Company Date Filed: 12/15/2008
Assigned to: Judge Joan N. Ericksen Date Terminated: 10/20/2009
Referred to: Chief Mag. Judge Raymond L. Erickson Jury Demand: Plaintiff
Cause: 28:1332 Diversity−Insurance Contract Nature of Suit: 110 Insurance
Jurisdiction: Diversity
Plaintiff
W3i Mobile, LLC represented by Steven P Zabel
Leonard Street and Deinard, PA
150 S 5th St Ste 2300
Mpls, MN 55402
612−335−1500
Fax: 612−335−1657
Email: steven.zabel@leonard.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Westchester Fire Insurance Company represented by Tony J Kriesel
Meagher &Geer, PLLP
33 S 6th St Ste 4400
Mpls, MN 55402
612−347−9135
Fax: 612−877−3140
Email: tkriesel@meagher.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jeffrey M Thompson
Meagher &Geer, PLLP
33 S 6th St Ste 4400
Mpls, MN 55402
612−338−0661
Fax: 612−338−8384
Email: jthompson@meagher.com
ATTORNEY TO BE NOTICED

Date Filed # Page Docket Text

12/15/2008 1 COMPLAINT against Westchester Fire Insurance Company ( Filing fee $ 350

November 16 20091
Appellate Case: 09-3701 Page: 1 Date Filed: 11/23/2009 Entry ID: 3608467
receipt number 4029057.) assigned to Judge Joan N. Ericksen per 6th Division
Master list and referred to Chief Magistrate Judge Raymond L. Erickson, filed by
W3i Mobile, LLC. (Attachments: # 1 Civil Cover Sheet) (RLR) (qc'd by akl)
(Entered: 12/16/2008)

12/15/2008 Summons Issued as to Westchester Fire Insurance Company. (RLR) (Entered:


12/16/2008)

12/15/2008 2 RULE 7.1 DISCLOSURE STATEMENT by W3i Mobile, LLC of W3i Holdings,
LLC as corporate parent and/or publicly held company. (RLR) (qc'd by akl)
(Entered: 12/16/2008)

01/05/2009 3 ANSWER to Complaint by Westchester Fire Insurance Company. (Attachments:


# 1 Certificate of Service) (Thompson, Jeffrey) (Entered: 01/05/2009)

02/03/2009 4 PRETRIAL NOTICE AND ORDER A Pretrial Conference in this matter is set
for 10:15 a.m., on Wednesday, February 25, 2009, before United States Chief
Magistrate Judge Raymond L. Erickson, in Chambers, Room No. 412, Gerald W.
Heaney Federal Building and United States Courthouse and Customhouse, 515
West First Street, Duluth, Minnesota. Signed by Chief Mag. Judge Raymond L.
Erickson on 02/03/2009. (Attachments: # 1 Consent Form)(jz) (Entered:
02/03/2009)

02/20/2009 5 STATEMENT OF CASE as to Westchester Fire Insurance Company.


(Attachments: # 1 Certificate of Service)(Thompson, Jeffrey) (Entered:
02/20/2009)

02/20/2009 6 STATEMENT OF CASE as to W3i Mobile, LLC. (Attachments: # 1 Certificate


of Service)(Zabel, Steven) (Entered: 02/20/2009)

02/25/2009 7 Minute Entry for proceedings held before Chief Mag. Judge Raymond L.
Erickson: Initial Pretrial Conference held on 2/25/2009. Dates discussed for the
progression of the case. Written Pretrial Order will be issued. (jz) (Entered:
02/25/2009)

02/25/2009 8 PRETRIAL ORDER Amended Pleadings due by 4/30/2009. Discovery due by


12/30/2009. Motions (non−disp) due 1/31/2010. Motions (disp) due by
2/28/2010. Ready for trial due by 6/30/2010. Signed by Chief Mag. Judge
Raymond L. Erickson on 02/25/2009. (jz) (Entered: 02/25/2009)

05/01/2009 9 STIPULATION for Protective Order by Westchester Fire Insurance Company,


W3i Mobile, LLC. (Thompson, Jeffrey) Modified filers on 5/1/2009 (jz).
(Entered: 05/01/2009)

05/01/2009 10 CERTIFICATE OF SERVICE by Westchester Fire Insurance Company re 9


Stipulation. (Thompson, Jeffrey) (Entered: 05/01/2009)

05/01/2009 11 PROTECTIVE ORDER. Signed by Chief Mag. Judge Raymond L. Erickson on


05/01/2009. (jz) (Entered: 05/01/2009)

08/03/2009 12 MOTION for Summary Judgment by Westchester Fire Insurance Company.


(Thompson, Jeffrey) (Entered: 08/03/2009)

08/03/2009 13 NOTICE OF HEARING ON MOTION 12 MOTION for Summary Judgment :


Motion Hearing set for 9/25/2009 11:00 AM in Judge's Chambers 12W (MPLS)
before Judge Joan N. Ericksen. (Thompson, Jeffrey) (Entered: 08/03/2009)

November 16 20092
Appellate Case: 09-3701 Page: 2 Date Filed: 11/23/2009 Entry ID: 3608467
08/03/2009 14 MEMORANDUM in Support re 12 MOTION for Summary Judgment filed by
Westchester Fire Insurance Company. (Attachments: # 1 LR7.1 Word Count
Compliance Certificate)(Thompson, Jeffrey) (Entered: 08/03/2009)

08/03/2009 15 AFFIDAVIT of Jeffrey M. Thompson in SUPPORT OF 12 MOTION for


Summary Judgment filed by Westchester Fire Insurance Company.
(Attachments: # 1 Exhibit(s) 1 (part 1 of 2), # 2 Exhibit(s) 1 (part 2 of 2), # 3
Exhibit(s) 2)(Thompson, Jeffrey) (Entered: 08/03/2009)

08/03/2009 16 CERTIFICATE OF SERVICE by Westchester Fire Insurance Company re 13


Notice of Hearing on Motion, 14 Memorandum in Support of Motion, 12
MOTION for Summary Judgment, 15 Affidavit in Support of Motion.
(Thompson, Jeffrey) (Entered: 08/03/2009)

08/10/2009 17 ORDER. IT IS ORDERED THAT:1.W3i Mobile shall establish its citizenship by


5:00 p.m. on Monday, August 17, 2009. Signed by Judge Joan N. Ericksen on
August 10, 2009. (slf) (Entered: 08/10/2009)

08/14/2009 18 MEMORANDUM by W3i Mobile, LLC Establishing Citizenship for Diversity


Purposes filed by W3i Mobile, LLC. (Attachments: # 1 Affidavit of Andrew V.
Johnson)(Zabel, Steven) Modified text on 8/17/2009 (RLR). (Entered:
08/14/2009)

08/14/2009 19 CERTIFICATE OF SERVICE, re: Memorandum 18 by W3i Mobile, LLC.


(Zabel, Steven) Added link on 8/17/2009 (RLR). (Entered: 08/14/2009)

09/01/2009 20 MEMORANDUM in Opposition re 12 MOTION for Summary Judgment filed


by W3i Mobile, LLC. (Attachments: # 1 Exhibit(s), # 2 LR7.1 Word Count
Compliance Certificate, # 3 Certificate of Service)(Zabel, Steven) (Entered:
09/01/2009)

09/11/2009 21 REPLY to Response to Motion re 12 MOTION for Summary Judgment filed by


Westchester Fire Insurance Company. (Attachments: # 1 LR7.1 Word Count
Compliance Certificate, # 2 Certificate of Service)(Thompson, Jeffrey) (Entered:
09/11/2009)

09/25/2009 22 Minute Entry for proceedings held before Judge Joan N. Ericksen: Motion
Hearing held on 9/25/2009 re 12 MOTION for Summary Judgment filed by
Westchester Fire Insurance Company. (Court Reporter Carla Bebault) (slf)
(Entered: 09/25/2009)

10/20/2009 23 5 ORDER : IT IS ORDERED THAT:1.Westchesters Motion for Summary


Judgment [Docket No. 12] is GRANTED.2.Westchester does not have a duty to
defend or indemnify W3i in the Minnesota and California class actions.3.W3is
breach of contract claim against Westchester is DISMISSED.LET JUDGMENT
BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Joan N.
Ericksen on October 20, 2009. (slf) (Entered: 10/20/2009)

10/20/2009 24 15 JUDGMENT (Attachments: # 1 Civil−8th Circuit Pre−Hearing Conference


Notice, # 2 Civil Notice − appeal)(VEM) (Entered: 10/20/2009)

10/22/2009 25 NOTICE of Filing of Official Transcript. A total of 1 transcripts are associated


with this filing. (cb) (Entered: 10/22/2009)

10/22/2009 26 TRANSCRIPT of Motions Hearing held on 9/25/2009 before Judge Joan N.


Ericksen. (28 pages). Court Reporter: Carla Bebault (E−mail:
November 16 20093
Appellate Case: 09-3701 Page: 3 Date Filed: 11/23/2009 Entry ID: 3608467
Carla_Bebault@mnd.uscourts.gov. Telephone: (651) 848−1220). Redaction
Request due 11/12/2009. Redacted Transcript Deadline set for 11/23/2009.
Release of Transcript Restriction set for 1/20/2010. For information on redaction
procedures, please review Local Rule 5.5. (cb) (Entered: 10/22/2009)

11/11/2009 27 18 NOTICE OF APPEAL TO 8TH CIRCUIT as to 23 Order on Motion for


Summary Judgment, by W3i Mobile, LLC. (Attachments: # 1 Affidavit of
Service)(Zabel, Steven) (Entered: 11/11/2009)

11/13/2009 28 USCA Appeal Fees received $ 455 receipt number 4039235 re 27 Notice of
Appeal to 8th Circuit filed by W3i Mobile, LLC. (jz) (Entered: 11/13/2009)

11/16/2009 29 22 TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH


CIRCUIT, Re: Notice of Appeal to 8th Circuit 27 . (RLR) (Entered: 11/16/2009)

November 16 20094
Appellate Case: 09-3701 Page: 4 Date Filed: 11/23/2009 Entry ID: 3608467

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