CATEGORY 5 MANAGEMENT GROUP, LLC v. NATIONAL CASUALTY INSURANCE COMPANY Et Al 1:09-cv-00633 Docket

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U.S. District Court Southern District of Alabama (Mobile) CIVIL DOCKET FOR CASE #: 1:09-cv-00633-CG-B
Category 5 Management Group, LLC v. National Casualty Insurance Company et al Assigned to: Judge Callie V. S. Granade Referred to: Magistrate Judge Sonja F. Bivins Cause: 28:1332 Diversity-Breach of Contract Plaintiff Category 5 Management Group, LLC represented by Charles J. Potts Briskman & Binion, P.C. P. O. Box 43 Mobile, AL 36601 251-433-7600 Fax: 251-433-4485 Email: cpotts@briskman-binion.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Kevin F. Masterson Masterson & Newell, L.L.C. P. O. Box 2067 Mobile, AL 36652 251-441-9955 Fax: 251-441-9984 Email: kmasterson@mastersonnewell.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew B. Hall 3 North Royal St., Suite 200 Mobile, AL 36602 251-441-9955 Email: mhall@mastersonnewell.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Emily H. Nelson Morris Haynes & Hornsby Date Filed: 09/28/2009 Date Terminated: 10/05/2011 Jury Demand: None Nature of Suit: 110 Insurance Jurisdiction: Diversity
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3500 Colonnade Parkway Suite 100 Birmingham, AL 35243 205/324-4008 Email: enelson@mhhlaw.net ATTORNEY TO BE NOTICED Sarah Bond Dorger Briskman & Binion, P.C. P.O. Box 43 Mobile, AL 36601 (251) 433-7600 Fax: (251) 433-4485 Email: sdorger@briskman-binion.com ATTORNEY TO BE NOTICED V. Defendant National Casualty Insurance Company represented by Edgar M. Elliott , IV Christian & Small LLP 505 20th Street North, Suite 1800 Birmingham, AL 35203-2696 205-795-6588 Email: emelliott@csattorneys.com LEAD ATTORNEY ATTORNEY TO BE NOTICED John W. Johnson , II Christian & Small LLP 505 20th Street North, Suite 1800 Birmingham, AL 35203-2696 Email: jwjohnson@csattorneys.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant ACE American Insurance Company represented by M. Warren Butler Starnes Davis Florie LLP P. O. Box 1548 Mobile, AL 36633-1548 251-433-6049 Fax: 251-433-5901 Email: wbutler@starneslaw.com
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LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Thomas Scivley 100 Brookwood Place, 7th Floor Birmingham, AL 35209 205-251-1193 Email: mscivley@starneslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Rik Stanford Tozzi Burr & Forman LLP 420 North 20th Street 3400 Wachovia Tower Birmingham, AL 35203 (205) 251-3000 Email: rtozzi@burr.com TERMINATED: 07/19/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott M. Salter Starnes & Atchison, LLP P. O. Box 598512 Birmingham, AL 35259 (205) 868-6000 Email: sms@starneslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Colonel McCrary Trucking, Inc. represented by Cooper C. Thurber Lyons, Pipes & Cook P.O. Box 2727 Mobile, AL 36652 251-432-4481 Fax: 2514331820 Email: Cooper.Thurber@phelps.com TERMINATED: 07/21/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED L. Bratton Rainey , III Luther, Crowe & Rainey, P.C.
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P. O. Box 1003 Mobile, AL 36633 251-433-8088 Fax: 2514338011 Email: lbrainey@lor-lawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Brigg Hails Austin Luther, Oldenberg & Rainey, P.C. P. O. Box 1003 Mobile, AL 36633 251-433-8088 Email: bhaustin@lor-lawyers.com ATTORNEY TO BE NOTICED Jordan W Gerheim Phelps Dunbar, LLP P.O. Box 2727 Mobile, AL 36652 251-433-6049 Email: JGerheim@Starneslaw.com TERMINATED: 07/21/2010 ATTORNEY TO BE NOTICED
Date Filed 09/28/2009
Docket Text
1 NOTICE OF REMOVAL by National Casualty Insurance Company from Circuit Court of Mobile County, Alabama, case number CV - 2007 900950.00. ( Filing fee $ 350, Receipt number 11280000000000838351, Online Credit Card Payment.), led by National Casualty Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (Johnson, John) (Additional attachment(s) added on 9/29/2009: # 11 Civil Cover Sheet) (mjn, ). (Entered: 09/28/2009) 2 Miscellaneous Document re: 1 Notice of Removal, Exhibit K(1). (Johnson, John) (Entered: 09/28/2009) 3 Miscellaneous Document re: 1 Notice of Removal, Exhibit K(2). (Johnson, John) (Entered: 09/28/2009) 4 Miscellaneous Document re: 1 Notice of Removal, Exhibit K(3). (Johnson, John) (Entered: 09/28/2009)
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5 Miscellaneous Document re: 1 Notice of Removal, Exhibit K(4). (Johnson, John) (Entered: 09/28/2009) 6 Corporate Disclosure Statement led by Defendant National Casualty Insurance Company. (Johnson, John) (Entered: 09/28/2009) 7 Corporate Disclosure Statement led by Defendant Colonel McCrary Trucking, Inc.. (Thurber, Cooper) (Entered: 09/28/2009) 8 Corporate Disclosure Statement led by Defendant ACE American Insurance Company. (Scivley, Michael) (Entered: 09/28/2009) 9 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (1 of 30) (Johnson, John) (Entered: 09/28/2009) 10 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (2 of 30) (Johnson, John) (Entered: 09/28/2009) 11 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (3 of 30) (Johnson, John) (Entered: 09/28/2009) 12 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (4 of 30) (Johnson, John) (Entered: 09/28/2009) 13 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (5 of 30) (Johnson, John) (Entered: 09/28/2009) 14 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (6 of 30) (Johnson, John) (Entered: 09/28/2009) 15 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (7 of 30) (Johnson, John) (Entered: 09/28/2009) 16 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (8 of 30) (Johnson, John) (Entered: 09/28/2009) 17 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (9 of 30) (Johnson, John) (Entered: 09/28/2009) 18 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (10 of 30) (Johnson, John) (Entered: 09/28/2009) 19 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (11 of 30) (Johnson, John) (Entered: 09/28/2009) 20 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (12 of 30) (Johnson, John) (Entered: 09/28/2009) 21 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (13 of 30) (Johnson, John) (Entered: 09/28/2009)
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22 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (14 of 30) (Johnson, John) (Entered: 09/28/2009) 23 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (15 of 30) (Johnson, John) (Entered: 09/28/2009) 24 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (16 of 30) (Johnson, John) (Entered: 09/28/2009) 25 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (17 of 30) (Johnson, John) (Entered: 09/28/2009) 26 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (18 of 30) (Johnson, John) (Entered: 09/28/2009) 27 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (19 of 30) (Johnson, John) (Entered: 09/28/2009) 28 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (20 of 30) (Johnson, John) (Entered: 09/28/2009) 29 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (21 of 30) (Johnson, John) (Entered: 09/28/2009) 30 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (22 of 30) (Johnson, John) (Entered: 09/28/2009) 31 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (23 of 30) (Johnson, John) (Entered: 09/28/2009) 32 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (24 of 30) (Johnson, John) (Entered: 09/28/2009) 33 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (25 of 30) (Johnson, John) (Entered: 09/28/2009) 34 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (26 of 30) (Johnson, John) (Entered: 09/28/2009) 35 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (27 of 30) (Johnson, John) (Entered: 09/28/2009) 36 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (28 of 30) (Johnson, John) (Entered: 09/28/2009) 37 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (29 of 30) (Johnson, John) (Entered: 09/28/2009) 38 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of ling state court le (30 of 30) (Johnson, John) (Entered: 09/28/2009)
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39 Documents endorsed NOTED by Magistrate Judge Sonja F. Bivins: Corporate Disclosure Statement (Doc. 6), led by National Casualty Insurance Company, Corporate Disclosure Statement (Doc. 7), led by Colonel McCrary Trucking, Inc., and Corporate Disclosure Statement (Doc. 8), led by ACE American Insurance Company. (Bivins, Sonja) (Entered: 09/29/2009) 40 NOTICE of Appearance by Jordan W Gerheim on behalf of Colonel McCrary Trucking, Inc. (Gerheim, Jordan) (Entered: 09/29/2009) 41 Notice of Assignment to Magistrate Judge for trial. Consent Form due by 11/16/2009. (Attachments: # 1 consent to jurisdiction) (mjn, ) (Entered: 10/01/2009) 42 PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 11/16/2009.. Signed by Magistrate Judge Sonja F. Bivins on 10/1/09. (mjn, ) (Entered: 10/01/2009) 43 MOTION to Remand by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 10/23/2009) 44 Order Setting Motion Deadline re: 43 MOTION to Remand led by Category 5 Management Group, LLC that defendants are directed to le a response on or before November 9, 2009; Any reply by Plaintiff should be led nlt November 16, 2009; Responses due by 11/9/2009 Replies due by 11/16/2009. Signed by Magistrate Judge Sonja F. Bivins on 10/26/09. (mjn, ) (Entered: 10/26/2009) 45 RESPONSE in Opposition re 43 MOTION to Remand led by Colonel McCrary Trucking, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H) (Gerheim, Jordan) (Entered: 11/09/2009) 46 RESPONSE in Opposition re 43 MOTION to Remand led by National Casualty Insurance Company, ACE American Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Elliott, Edgar) (Entered: 11/09/2009) 47 NOTICE of Filing Exhibits NOTICE OF CLARIFICATION OF EXHIBIT LETTERS AND FILING OF SUPPLEMENTAL EXHIBITS IN SUPPORT OF OPPOSITION TO MOTION TO REMAND by National Casualty Insurance Company, ACE American Insurance Company re: 43 MOTION to Remand, 46 Response in Opposition to Motion (Attachments: # 1 Exhibit C - Ceres/CMT Notice of Removal, # 2 Exhibit D (December 19, 2007 Order of Remand), # 3 Exhibit E (July 11, 2008 Order of Remand)) (Salter, Scott) (Entered: 11/09/2009) 48 MOTION for Extension of Time to File Response to District Judges Order as to 42 Preliminary Scheduling Order, MOTION for Extension of Time to Complete Discovery, Joint MOTION for Extension of Time to File Rule 26(f)
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Report by ACE American Insurance Company. (Salter, Scott) (Entered: 11/12/2009) 11/12/2009 49 ORDER granting 48 Motion for Extension of Time to File Response to District Judge Order; granting 48 Motion for Extension of Time to Complete Discovery; granting 48 Motion for Extension of Time to File Rule 26(f) meeting; Following a ruling on Plaintiff's motion to remand, a new deadline for the parties' Rule 26(f) planning meeting will be established; Signed by Magistrate Judge Sonja F. Bivins on 11/12/09. (mjn, ) (Entered: 11/13/2009) 50 RESPONSE in Opposition re 43 MOTION to Remand led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 11/16/2009) 51 This action has been transferred from the docket of Magistrate Judge Sonja F. Bivins and is now assigned to the docket of Senior Judge Charles R. Butler, Jr. To ensure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter sufx CB-B after the case number on all future pleadings. (mjn, ) (Entered: 11/18/2009) Case Reassigned to Chief Judge Callie V. S. Granade. Senior Judge Charles R. Butler, Jr. no longer assigned to the case. (adk) (Entered: 11/19/2009) 52 Documents endorsed NOTED by Chief Judge Callie V. S. Granade: Corporate Disclosure Statement 6 led by National Casualty Insurance Company, Corporate Disclosure Statement 7 led by Colonel McCrary Trucking, Inc., Corporate Disclosure Statement 8 led by ACE American Insurance Company (jts) (Entered: 11/19/2009) 53 REPORT AND RECOMMENDATION that 43 MOTION to Remand led by Category 5 Management Group, LLC be DENIED. Objections to R&R due by 6/3/2010. Signed by Magistrate Judge Sonja F. Bivins on 05/19/2010. (mab) (Entered: 05/21/2010) 54 ORDER ADOPTING 53 REPORT AND RECOMMENDATION. Plf's 43 MOTION to Remand is DENIED. Signed by Judge Callie V. S. Granade on 6/8/10. (tot) (Entered: 06/09/2010) 55 Order, The parties are directed to meet and to le their Rule 26(f) report no later than June 18, 2010. Signed by Magistrate Judge Sonja F. Bivins on 06/09/2010. (mab) (Entered: 06/10/2010) 56 REPORT of Rule 26(f) Planning Meeting. (Johnson, John) (Entered: 06/18/2010) 57 RULE 16(b) SCHEDULING ORDER: Pretrial Conference set for 5/9/2011 at 1:30 PM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. Motions for leave to amend pleadings due from pltf by by 9/15/2010; and from defendants by 10/1/2010. Discovery cutoff 12/30/2010. Dispositive Motions due by 1/21/2011. Jury Trial
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set for the June 2011 trial term before Judge Callie V. S. Granade. ETT 4 days. Jury Selection set for 6/1/2011 at 8:45 a.m. If conference to be held as set out in order does not produce settlement, the parties' Joint Position Regarding Settlement due by 12/30/2010. Joint Proposed Protective Order due by 7/9/2010. Signed by Magistrate Judge Sonja F. Bivins on 06/21/2010. (Attachment: #(1) Judge Granade's Standing Pretrial Order) (mab) (Entered: 06/21/2010) 06/23/2010 06/23/2010 07/09/2010 07/12/2010 58 NOTICE of Appearance by Sarah Bond Dorger on behalf of Category 5 Management Group, LLC (Dorger, Sarah) (Entered: 06/23/2010) 59 Notice of Filing Pltff's Int and RFP to Defts led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 06/23/2010) 60 Notice of Filing Initial Disclosures led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 07/09/2010) 61 MOTION for Withdrawal of Attorney Jordan W Gerheim on behalf of Colonel McCrary Trucking, Inc. (Gerheim, Jordan) Modied on 7/12/2010 (mab). (Entered: 07/12/2010) 62 Order, construing 61 Notice of Withdrawal to be a MOTION for Withdrawal as Attorney for Colonel McCrary Trucking, Inc. Upon receipt of the notice of appearance from new counsel, the motion to withdraw will be granted without further order of the court. Signed by Judge Callie V. S. Granade on 07/12/2010. (mab) (Entered: 07/12/2010) 63 MOTION to Withdraw by Colonel McCrary Trucking, Inc.. (Thurber, Cooper) (Entered: 07/13/2010) 64 Order on MOTION for Withdrawal as Attorney for Colonel McCrary Trucking, Inc. 63 , upon receipt of the notice of appearance from new counsel, the motion to withdraw will be granted without further order of the court. Signed by Judge Callie V. S. Granade on 07/13/2010. (jts) (Entered: 07/13/2010) 65 NOTICE of Appearance by Emily H. Nelson on behalf of Category 5 Management Group, LLC (Nelson, Emily) (Entered: 07/16/2010) 66 MOTION for Rik S. Tozzi to Withdraw as Attorney by ACE American Insurance Company. (Tozzi, Rik) (Entered: 07/19/2010) 67 ENDORSED ORDER granting 66 Motion to Withdraw by Attorney Rik Stanford Tozzi on behalf of ACE American Insurance Company. Signed by Judge Callie V. S. Granade on 07/19/2010. (mab) (Entered: 07/19/2010) 68 MOTION to Compel by Category 5 Management Group, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Potts, Charles) (Entered: 07/20/2010)
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69 NOTICE of Appearance by L. Bratton Rainey, III on behalf of Colonel McCrary Trucking, Inc. (Rainey, L.) (Entered: 07/21/2010) 70 NOTICE of Appearance by Brigg Hails Austin on behalf of Colonel McCrary Trucking, Inc. (Austin, Brigg) (Entered: 07/21/2010) 71 Order, re: 68 MOTION to Compel led by Category 5 Management Group, LLC Defendants' responses due by 7/28/2010. Signed by Magistrate Judge Sonja F. Bivins on 07/21/2010. (mab) (Entered: 07/21/2010) 72 MOTION for Summary Judgment by National Casualty Insurance Company. (Attachments: # 1 Appendix Memorandum in Support of Motion for Summary Judgment, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Appendix Proposed Findings of Fact and Conclusions of Law, # 17 Text of Proposed Order Proposed Order) (Johnson, John) (Entered: 07/28/2010) 73 RESPONSE to Motion re: 68 MOTION to Compel led by National Casualty Insurance Company. (Johnson, John) (Entered: 07/28/2010) 74 MOTION for Protective Order by National Casualty Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Johnson, John) (Entered: 07/28/2010) 75 MOTION for Summary Judgment by ACE American Insurance Company. (Attachments: # 1 Appendix Brief in Support of Motion for Summary Judgment, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Appendix Suggested Determinations of Undisputed Fact and Conclusions of Law, # 15 Text of Proposed Order Proposed Order) (Scivley, Michael) (Superseded by Doc. 161 . Modied on 4/18/2011) (mab). (Entered: 07/28/2010) 76 MOTION for Protective Order by ACE American Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Scivley, Michael) (Entered: 07/28/2010) 77 RESPONSE to Motion re: 68 MOTION to Compel led by ACE American Insurance Company. (Scivley, Michael) (Entered: 07/28/2010) 78 Order re: 72 MOTION for Summary Judgment setting response time as follows:Response to S/J due by 8/18/2010; Replies to Response to S/J due by 9/1/2010; Motion to be taken under submission on 9/2/2010. Signed by Judge Callie V. S. Granade on 7/28/10. (tot) (Entered: 07/28/2010) 79 Order re 75 MOTION for Summary Judgment setting response time as follows: Response to S/J due by 8/18/2010. Reply to Response to S/J due by 9/1/2010. Motion to be taken under submission on 9/2/2010. Signed by Judge
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Callie V. S. Granade on 07/28/2010. (mab) (Main Document 79 replaced on 9/12/2011) (mab). (Entered: 07/28/2010) 07/28/2010 80 Order re: 74 MOTION for Protective Order led by National Casualty Insurance Company, and 76 MOTION for Protective Order led by ACE American Insurance Company. Plaintiff is directed to le a response to the motions on or before August 4, 2010. Signed by Magistrate Judge Sonja F. Bivins on 07/28/2010. (mab) (Entered: 07/28/2010) 81 MOTION for Extension of Time to File Response/Reply to Defendants' Motions for Summary Judgment and Motions for Protective Order by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 07/29/2010) 82 Order, granting plaintiff's 81 MOTION for Extension of Time to File Responses to Defendants' Motions for Summary Judgment (Docs. 72 & 75 ) and Motions for Protective Order (Docs. 74 & 76 ). The deadlines for plaintiff to le its responses to said motions are extended to September 1, 2010. The deadlines for the defendants to le their replies to the responses to the motions for summary are extended to September 15, 2010. Defendants' motions for summary judgment will be taken under submission on September 16, 2010. Signed by Judge Callie V. S. Granade on 07/29/2010. (mab) (Entered: 07/29/2010) 83 RESPONSE in Opposition re 72 MOTION for Summary Judgment, 75 MOTION for Summary Judgment led by Category 5 Management Group, LLC.; MOTION for Protection under Rule 56(f), Fed.R.Civ.P.; and Request for Delay for Consideration of Defendants' Motions for Summary Judgment; and RESPONSE to Defendant's 74 & 76 Motions for Protective Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O) (Potts, Charles) Modied on 9/1/2010 (mab). (Entered: 09/01/2010) Request for Delay for Consideration of Defendants' Motions for Summary Judgment by Category 5 Management Group, LLC. (image at Doc. 83 ) Referred to Judge Callie V. S. Granade. (mab) (Entered: 09/01/2010) 84 REPLY to 83 Response to 72 & 75 Motions for Summary Judgment, Rule 56(f) motion and Response to Motion for Protective Order, led by National Casualty Insurance Company. (Elliott, Edgar) (Entered: 09/15/2010) 85 Response to 83 Request for Delay for Consideration of Defendants' 72 & 75 Motions for Summary Judgment, led by ACE American Insurance Company. (Scivley, Michael) (Entered: 09/15/2010) 86 Notice of Filing Notice of Filing Initial Disclosures led by Colonel McCrary Trucking, Inc.. (Austin, Brigg) (Entered: 10/08/2010)
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87 Notice of Filing Interrogatories and Request for Production to Plaintiff led by Colonel McCrary Trucking, Inc.. (Austin, Brigg) (Entered: 10/08/2010) 88 Notice of Filing Request for Admissions and Second Set of Interrogatories and Request for Production led by Colonel McCrary Trucking, Inc.. (Austin, Brigg) (Entered: 10/13/2010) 89 MOTION to Stay Discovery by Category 5 Management Group, LLC. (Potts, Charles) (Superseded by Doc. 90 . Modied on 10/29/2010.)(mab). (Entered: 10/29/2010) 90 Revised MOTION to Stay Discovery by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 10/29/2010) 91 Order, This matter is hereby scheduled for a discovery conference before the undersigned Magistrate Judge on November 12, 2010, at 10:00 a.m. in Courtroom 1A re: Plaintiff's 68 Motion to Compel, 74 MOTION for Protective Order led by National Casualty Insurance Company, 76 MOTION for Protective Order led by ACE American Insurance Company, Plaintiff's 83 Response in Opposition to Motions for Summary Judgment and MOTION for Protection under Rule 56(f), and Plaintiff's 90 MOTION to Stay Discovery. Signed by Magistrate Judge Sonja F. Bivins on 11/05/2010. (mab) (Entered: 11/08/2010) 92 Order, RESCHEDULING Discovery Conference for 11/23/2010 at 10:00 AM in US Courthouse, Courtroom 1A. Signed by Magistrate Judge Sonja F. Bivins on 11/09/2010. (mab) (Entered: 11/09/2010) Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Discovery Hearing held on 11/23/2010. Counsel present: Charles Potts, Michael Scivley, Scott Salter, Edgar Elliott, John Johnson and Brigg Austin; FTR Digital Audio Recording. (mjn) (Entered: 11/23/2010) 93 Order, the undersigned nds that under the circumstances of this case,bifurcating discovery is not appropriate. An Amended Scheduling Order is being issued simultaneously with the instant Order. Signed by Magistrate Judge Sonja F. Bivins on 11/30/2010. (mab) (Entered: 11/30/2010) 94 AMENDED RULE 16(b) SCHEDULING ORDER: Pretrial Conference set for 8/9/2011 at 9:00 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. Motions to amended pleadings due from plaintiff by 1/14/2011, and from defendants by 2/14/2011. Discovery cutoff 3/31/2011. Dispositive Motions due by 4/15/2011. Jury Selection set for 8/30/2011 at 8:45 AM. Jury Trial set for the September 2011 term before Judge Callie V. S. Granade. ETT 4 days. Joint Position Regarding Settlement due by 3/31/2011. Plaintiff's response to Defendants' Motions for summary judgment (Docs. 72 and 75 ) due by 2/14/2011. Defendants' replies due by 2/28/2011. Signed by Magistrate Judge Sonja F.
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Bivins on 11/30/2010. (Attachment: # 1 Judge Granade's Standing Pretrial Order) (mab) (Entered: 11/30/2010) 12/21/2010 01/06/2011 01/06/2011 01/18/2011 01/19/2011 95 ANSWER to Amended Cross Claim by Colonel McCrary Trucking, Inc. (Austin, Brigg) (Entered: 12/21/2010) 96 NOTICE of Filing Proposed Order by National Casualty Insurance Company Proposed Protective Order (Elliott, Edgar) (Entered: 01/06/2011) 97 NOTICE of Filing Proposed Order by National Casualty Insurance Company Proposed Protective Order (Elliott, Edgar) (Entered: 01/06/2011) 98 MOTION to Amend Scheduling Order /Modify by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 01/18/2011) 100 ORDER granting unopposed 98 Motion to Modify 94 Scheduling Order, and resetting Dispositive Motions deadline for 4/15/2011. Responses to motions for summary judgment due 4/29/11, and replies due 5/6/2011 pursuant to parties' agreement. Signed by Magistrate Judge Sonja F. Bivins on 1/19/2011. (mab) (Entered: 01/20/2011) 99 Notice of Filing Notice of Discovery - Notice of Deposition Pursuant to Rule 30(b)(6) of National Casualty Insurance Company and Request for Production of Documents Pursuant to Rule 30(b)(5) led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 01/20/2011) 101 MOTION for Extension of Time to Name Experts by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 01/27/2011) 102 PROTECTIVE ORDER entered. Signed by Magistrate Judge Sonja F. Bivins on 1/28/2011. (mab) (Entered: 01/28/2011) 103 ORDER granting Plaintiff's 101 Motion for Extension. Plaintiff's expert disclosure deadline extended to 2/15/2011. Defendants' expert disclosure deadline extended to 3/15/2011. Discovery is to be completed by 3/31/2011. There will be no further extension. Signed by Magistrate Judge Sonja F. Bivins on 1/28/2011. (mab) (Entered: 01/28/2011) 104 Notice of Filing Plaintiff's Responses to Interrogatories & Request for Production led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 02/08/2011) 105 Notice of Filing Depostion Notice led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 02/08/2011) 106 Notice of Filing Notice of Deposition led by National Casualty Insurance Company. (Johnson, John) (Entered: 02/10/2011) 107 Notice of Filing Expert Witness Disclosure led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 02/15/2011)
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108 MOTION to Quash Non-Party Subpoena by National Casualty Insurance Company. (Attachments: # 1 Exhibit A) (Johnson, John) (Entered: 02/18/2011) 109 (VACATED 2/23/11) ORDER, granting plaintiff an extension until 2/23/11 to le its response to motions for summary judgment (Docs. 72 & 75 ) as set out in order. Signed by Judge Callie V. S. Granade on 2/18/2011. (mab) Modied on 2/23/2011 (mab). (Entered: 02/18/2011) 110 Notice of Filing Deposition of ACE led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 02/21/2011) 111 MOTION to Vacate Discovery Order by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 02/21/2011) 112 Notice of Filing Amended Notice of Deposition led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 02/21/2011) 113 Order 108 MOTION to Quash Non-Party Subpoena led by National Casualty Insurance Company. Plaintiff's response due by 3/8/2011. Signed by Magistrate Judge Sonja F. Bivins on 2/22/2011. (mab) (Entered: 02/22/2011) 114 ENDORSED ORDER granting 111 Motion to Vacate 109 Order to Show Cause. Signed by Judge Callie V. S. Granade on 2/23/2011. (mab) (Entered: 02/23/2011) 115 Notice of Filing Objections to Plaintiff's 30(b)(5) Document Request led by National Casualty Insurance Company. (Johnson, John) (Entered: 02/24/2011) 116 Notice of Filing Notice of Service of Discovery led by National Casualty Insurance Company. (Johnson, John) (Entered: 03/01/2011) 117 MOTION to Compel Documents from Masterson & Newell by ACE American Insurance Company. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D) (Salter, Scott) (Entered: 03/01/2011) 118 MOTION to Compel Production of Documents from Defendant National Casualty Co. Or In Alternative, Motion for In Camera Inspection of Requested Documents by Category 5 Management Group, LLC. (Attachments: # 1 Exhibit A) (Potts, Charles) (Entered: 03/01/2011) 119 Notice of Filing Objections to Plaintiff's 30(b)(5) and (6) Deposition Notice and Document Request led by ACE American Insurance Company. (Salter, Scott) (Entered: 03/03/2011) 120 Order, re: Defendant ACE American Insurance Company's 117 MOTION to Compel Documents from Non-party Masterson & Newell; and Plaintiff's 118 MOTION to Compel Production of Documents. Non-party Masteron & Newell's response to 117 motion due 3/14/2011. ACE American's reply due 3/21/11. National Casualty Company's response to 118 motion due 3/14/2011.
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Plaintiff's reply due 3/21/11. Signed by Magistrate Judge Sonja F. Bivins on 3/3/2011. (copy mailed to non-party as directed) (mab) (Entered: 03/03/2011) 03/04/2011 03/07/2011 03/07/2011 03/09/2011 03/11/2011 121 Notice of Filing Notice of Deposition led by National Casualty Insurance Company. (Johnson, John) (Entered: 03/04/2011) 122 Notice of Filing Deposition Notice of Jay R. Sever, Esq. led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 03/07/2011) 123 Notice of Filing Notice of Deposition of J. Patrick Courtney led by National Casualty Insurance Company. (Johnson, John) (Entered: 03/07/2011) 124 Joint MOTION to Modify Scheduling Order by Colonel McCrary Trucking, Inc.. (Rainey, L.) (Entered: 03/09/2011) 125 Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: A discovery conference was held on March 11, 2011, with counsel for the parties participating by telephone. (dfd) (Entered: 03/11/2011) 126 Order, the allegations contained in Defendant's 108 MOTION to Quash NonParty Subpoena are uncontested. Accordingly, the non-party subpoena issued to Phelps Dunbar, LLP is deemed defective and is quashed. The parties' 124 Joint MOTION to Amend Scheduling Order is granted, in part, and denied in part. Plaintiff is directed to make its experts available for deposition on or before 3/25/11. Deadline for Defendants' expert disclosures is extended to 3/31/11, and Defendants are directed to make their experts available for deposition no later than 4/8/11. Signed by Magistrate Judge Sonja F. Bivins on 3/11/2011. (mab) (Entered: 03/11/2011) 127 Response to 117 Motion to Compel Documents from Masterson & Newell led by ACE American Insurance Company, and Motion for Protective Order, led by Category 5 Management Group, LLC. (Attachments: # 1 Exhibit A) (Potts, Charles) Modied on 3/14/2011 (mab). (Entered: 03/14/2011) 128 RESPONSE to Motion re: 118 MOTION to Compel Production of Documents from Defendant National Casualty Co. Or In Alternative, Motion for In Camera Inspection of Requested Documents led by National Casualty Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Johnson, John) (Entered: 03/14/2011) 129 Notice of Filing Amended Deposition Notice led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 03/17/2011) 130 REPLY to 127 Response to 117 Motion to Compel, led by ACE American Insurance Company. (Attachments: # 1 Exhibit Excerpts from Larry Morris deposition, # 2 Exhibit Excerpts from John S. Sims, Jr. deposition) (Scivley, Michael) (Entered: 03/18/2011)
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131 Notice of Filing Amended/Supplemental Responses to Discovery Propounded by ACE led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 03/23/2011) 132 Joint MOTION for Extension of Page Limitation Allowed for Summary Judgment Briefs, led by ACE American Insurance Company. (Scivley, Michael) (Entered: 03/28/2011) 133 ENDORSED ORDER granting 132 Motion for Leave to File Excess Pages for Summary Judgment Briefs. Signed by Judge Callie V. S. Granade on 3/29/2011. (tot) (Entered: 03/29/2011) 134 Notice of Filing Notice of Service of Discovery led by National Casualty Insurance Company. (Johnson, John) (Entered: 03/31/2011) 135 Joint Position Regarding Settlement (Parties' Joint Statement as to Settlement) led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 03/31/2011) 136 Notice of Filing Notice of Deposition led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 03/31/2011) 137 Notice of Filing Expert Disclosures led by ACE American Insurance Company. (Scivley, Michael) (Entered: 03/31/2011) 138 NOTICE of Endorsement by ACE American Insurance Company re: 135 Position Regarding Settlement (Salter, Scott) (Entered: 04/01/2011) 139 NOTICE of Endorsement by National Casualty Insurance Company re: 135 Position Regarding Settlement (Elliott, Edgar) (Entered: 04/01/2011) 140 NOTICE of Endorsement by Colonel McCrary Trucking, Inc. re: 135 Position Regarding Settlement (Austin, Brigg) (Entered: 04/01/2011) 141 Notice of Filing led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 04/04/2011) 142 Document endorsed NOTED by Magistrate Judge Sonja F. Bivins: Parties' Joint Position Regarding Settlement (Doc. 135), led by Category 5 Management Group, LLC. (Bivins, Sonja) (Entered: 04/06/2011) 143 MOTION to Withdraw Original 72 Brief and File Substituted Brief on Summary Judgment by National Casualty Insurance Company. (Elliott, Edgar) (Entered: 04/06/2011) 144 ENDORSED ORDER granting 143 Motion to Withdraw Original Brief in support of the Motion for Summary Judgment 72 led by National Casualty Insurance Company. The new brief shall be led by 04/15/2011, with any Response to be led by 04/29/2011, and reply to be led by 5/6/2011. Signed by Judge Callie V. S. Granade on 4/6/2011. (jts) (Entered: 04/06/2011)
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145 ORDER granting 117 Motion to Compel led by ACE American Insurance Company; and denying 118 Motion to Compel led by Category 5 Management Group, LLC.Signed by Magistrate Judge Sonja F. Bivins on 4/7/2011. (mab) (Entered: 04/08/2011) 146 MOTION to Withdraw 75 Original Brief and File Substituted Brief on Summary Judgment, by ACE American Insurance Company. (Scivley, Michael) (Entered: 04/14/2011) 147 ENDORSED ORDER granting 146 Motion for Leave to Withdraw Original Brief [75-1] and File Substituted Brief on Summary Judgment by ACE American Insurance Company. The new brief shall be led by 04/15/2011, with any Response to be led by 04/29/2011, and reply to be led by 5/6/2011. Signed by Judge Callie V. S. Granade on 4/15/2011. (jts) (Entered: 04/15/2011) 148 MOTION for Summary Judgment by Colonel McCrary Trucking, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order of Judgment) (Austin, Brigg) (Entered: 04/15/2011) 149 Brief led by Colonel McCrary Trucking, Inc. in Support of Motion for Summary Judgment led by Colonel McCrary Trucking, Inc.. (Austin, Brigg) (Entered: 04/15/2011) 150 NOTICE of Filing Exhibits A by Colonel McCrary Trucking, Inc. re: 149 Brief led by Colonel McCrary Trucking, Inc.. (Attachments: # 1 Exhibit A) (Austin, Brigg) (Entered: 04/15/2011) 151 NOTICE of Filing Exhibits by Colonel McCrary Trucking, Inc. re: 150 Notice of Filing Exhibits led by Colonel McCrary Trucking, Inc.. (Attachments: # 1 Exhibit B-D, # 2 Exhibit E-G, # 3 Exhibit H-M, # 4 Exhibit N-S) (Austin, Brigg) (Entered: 04/15/2011) 152 NOTICE of Filing Exhibits by Colonel McCrary Trucking, Inc. re: 150 Notice of Filing Exhibits led by Colonel McCrary Trucking, Inc.. (Attachments: # 1 Exhibit T-U) (Austin, Brigg) (Additional attachment(s) added on 4/21/2011: # 2 Redacted Copy of Exh T-U) (mab). (Entered: 04/15/2011) 153 Brief led by National Casualty Insurance Company re 72 MOTION for Summary Judgment. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Text of Proposed Order Suggested Determinations of Undisputed Fact and Conclusions of Law, # 21 Text of Proposed Order Proposed Order) (Elliott, Edgar) (Entered: 04/15/2011) 154 MOTION for Summary Judgment by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 04/15/2011)
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155 MOTION for Partial Summary Judgment by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 04/15/2011) 156 NOTICE of Filing Exhibits -Evidence in Support of Plaintiff's 154 & 155 Motions for Summary Judgment by Category 5 Management Group, LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (Potts, Charles) (Entered: 04/15/2011) 157 NOTICE of Filing Exhibits -Evidence in Support of Plaintiff's 154 & 155 Motions for Summary Judgment by Category 5 Management Group, LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit) (Potts, Charles) (Entered: 04/15/2011) 158 NOTICE of Filing Exhibits Evidence in Support of Plaintiff's 154 & 155 Motions for Summary Judgment by Category 5 Management Group, LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Potts, Charles) (Entered: 04/15/2011) 159 Plaintiff's Combined Brief in Support of 154 & 155 Motions for Summary Judgment, led by Category 5 Management Group LLC. (Potts, Charles) (Entered: 04/15/2011) 160 Determinations of Undisputed Fact re: Plaintiff's Motions for Summary Judgment (Doc. 154 & 155 ) by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 04/15/2011) 161 MOTION for Summary Judgment by ACE American Insurance Company. (Attachments: # 1 Supplement Brief in Support of Motion for Summary Judgment, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L, # 14 Exhibit Exhibit M, # 15 Exhibit Exhibit N, # 16 Exhibit Exhibit O, # 17 Exhibit Exhibit P, # 18 Exhibit Exhibit Q, # 19 Exhibit Exhibit R, # 20 Exhibit Exhibit S, # 21 Exhibit Exhibit T, # 22 Exhibit Exhibit U, # 23 Exhibit Exhibit V, # 24 Text of Proposed Order Proposed Findings of Fact and Conclusions of Law, # 25 Text of Proposed Order Proposed Order on Motion for Summary Judgment) (Scivley, Michael) (Entered: 04/15/2011) 162 NOTICE of Filing Proposed Order by Category 5 Management Group, LLC re: 159 Brief for Summary Judgment (Potts, Charles) (Entered: 04/18/2011) 163 Order, re MOTIONs for Summary Judgment (Docs. 72 , 148 , 154 , 155 and 161 ) setting response time as follows: Responses to S/J due by 4/29/2011. Replies to Responses to S/J due by 5/6/2011. Motions to be taken under submission on 5/9/2011. Signed by Judge Callie V. S. Granade on 4/18/2011.
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(mab) (Entered: 04/19/2011) 04/25/2011 04/25/2011 164 Pretrial Disclosure by Category 5 Management Group, LLC. (Potts, Charles) Modied on 4/25/2011 (mab). (Entered: 04/25/2011) 165 Rule 26(a)(3) Pretrial Disclosures re 94 Scheduling Order, by National Casualty Insurance Company. (Elliott, Edgar) Modied on 4/25/2011 (mab). (Entered: 04/25/2011) 166 Notice of Filing Rule 26 Pretrial Disclosures led by Colonel McCrary Trucking, Inc.. (Austin, Brigg) (Entered: 04/25/2011) 167 Notice of Filing Notice of Filing Rule 26 Pretrial Disclosures led by ACE American Insurance Company. (Scivley, Michael) (Entered: 04/25/2011) 168 MOTION to Strike Certain Evidentiary Exhibits in support of Category 5 Management Group LLC's 159 Combined Brief re: 154 & 155 Motions for Summary Judgment contained in Docs. 156 , 157 , 158 and 159 , led by ACE American Insurance Company. (Salter, Scott) (Entered: 04/29/2011) 169 RESPONSE in Opposition re 148 MOTION for Summary Judgment for Def. Col. McCrary Trucking led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 04/29/2011) 170 RESPONSE in Opposition re 72 MOTION for Summary Judgment, 161 MOTION for Summary Judgment for NCC and ACE led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 04/29/2011) 171 MOTION to Strike Doc. 158 The Afdavit of C. William Daniels, Jr. by ACE American Insurance Company. (Salter, Scott) (Entered: 04/29/2011) 172 MOTION to Strike 158 Afdavit of C. William Daniels, Jr. in support of 154 & 155 Plaintiff's Ms/SJ, led by National Casualty Insurance Company. (Elliott, Edgar) (Entered: 04/29/2011) 173 RESPONSE in Opposition re 154 MOTION for Summary Judgment led by Category 5 Management led by Colonel McCrary Trucking, Inc.. (Austin, Brigg) (Entered: 04/29/2011) 174 MOTION to Strike certain Evidentiary Exhibits attached to Docs. 156 , 157 , 158 and 159 led in support of 154 & 155 Ms/SJ, by National Casualty Insurance Company. (Elliott, Edgar) (Entered: 04/29/2011) 175 MOTION to Strike 158 Afdavit of C. William Daniels, Jr. led in support of 154 by Colonel McCrary Trucking, Inc. (Austin, Brigg) (Entered: 04/29/2011) 176 RESPONSE to Motion re: 155 MOTION for Partial Summary Judgment led by National Casualty Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit
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12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44) (Elliott, Edgar) (Entered: 04/29/2011) 04/29/2011 177 RESPONSE in Opposition re 155 MOTION for Partial Summary Judgment led by ACE American Insurance Company. (Attachments: # 1 Exhibit W, # 2 Exhibit X, # 3 Exhibit Y, # 4 Exhibit Z, # 5 Exhibit AA, # 6 Exhibit BB, # 7 Exhibit CC) (Scivley, Michael) (Entered: 04/29/2011) 178 REPLY to 170 Response to Motion 72 led by National Casualty Insurance Company. (Attachments: # 1 Exhibit 1) (Johnson, John) (Entered: 05/06/2011) 179 REPLY to 176 & 177 Responses to 155 Motion for Partial Summary Judgment led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 05/06/2011) 180 REPLY to 173 Response in Opposition to 154 Motion for Summary Judgment led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 05/06/2011) 181 RESPONSE in Opposition to 168 & 167 MOTIONs to Strike Evidentiary Exhibits attached to Docs. 156 , 157 , 158 and 159 , led by Category 5 Management Group, LLC. (Potts, Charles) (Entered: 05/06/2011) 182 Collective RESPONSE in Opposition to 171 , 172 & 175 MOTIONs to Strike Afdavit of C. William Daniels, Jr. in support of 154 & 155 Ms/SJ, led by Category 5 Management Group, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (Potts, Charles) (Entered: 05/06/2011) 183 REPLY Brief led by Defendant ACE American Insurance Company re: 161 MOTION for Summary Judgment led by ACE American Insurance Company. (Attachments: # 1 Exhibit DD) (Scivley, Michael) (Entered: 05/06/2011) 184 REPLY Brief led by Defendant Colonel McCrary Trucking, Inc. re: 169 Response in Opposition to 148 Motion for Summary Judgment (Austin, Brigg) (Entered: 05/06/2011) 185 MOTION to Strike Plaintiff's 179 Reply Brief re: 155 M/SJ, by ACE American Insurance Company. (Salter, Scott) (Entered: 05/17/2011) 186 RESPONSE in Opposition re 185 MOTION to Strike Plaintiff's Reply Brief (Doc. 179) re: 155 M/SJ, led by Category 5 Management Group, LLC. (Potts,
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Charles) (Entered: 05/19/2011) 06/09/2011 06/09/2011 187 MOTION to Continue Trial Setting by National Casualty Insurance Company. (Elliott, Edgar) (Entered: 06/09/2011) 188 Order, granting in part 187 MOTION to Continue Trial Setting led by National Casualty Insurance Company. Trial CONTINUED to the December 2011 term, commencing with Jury Selection on 11/29/2011. Pretrial Conference RESCHEDULED for 11/7/2011 at 9:30 AM in US Courthouse, Judge's Chambers. Parties' Proposed Pretrial Order due by 10/31/2011. Signed by Judge Callie V. S. Granade on 6/9/2011. (mab) (Entered: 06/09/2011) 189 PRETRIAL DOCKET for November 7, 2011 issued. Joint Pretrial Document due 10/31/2011, unless otherwise ordered by the court. (Attachments: # 1 Judge Granade's Standing Pretrial Order) (mab) (Entered: 09/16/2011) 190 ORDER granting National Casualty Insurance Company's 72 Motion for Summary Judgment; granting Colonel McCrary Trucking, Inc.'s 148 Motion for Summary Judgment; denying Category 5 Management Group, LLC's 154 & 155 Motions for Summary Judgment; and granting ACE American Insurance Company's 161 Motion for Summary Judgment. The NCIC's and ACE's motions to strike certain experttestimony, (Docs. 168 and 174 ), and ACE's motion to strike plaintiff's reply brief(Doc. 185 ), are denied as MOOT. Signed by Judge Callie V. S. Granade on 10/5/2011. (mab) (Entered: 10/05/2011) 191 FINAL JUDGMENT in favor of ACE American Insurance Company, Colonel McCrary Trucking, Inc., National Casualty Insurance Company against Category 5 Management Group, LLC. Plaintiff's claims against said defendants arehereby DISMISSED WITH PREJUDICE. Costs are to be taxed against theplaintiff. Signed by Judge Callie V. S. Granade on 10/5/2011. (mab) (Entered: 10/05/2011)
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CATEGORY 5 MANAGEMENT GROUP, LLC v. NATIONAL CASUALTY INSURANCE COMPANY Et Al 1:09-cv-00633 Docket

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