erie painting & maintenance inc. v. illinois union insurance company docket

7/31/2019 ERIE PAINTING & MAINTENANCE INC. v. ILLINOIS UNION INSURANCE COMPANY Docket

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MEDIATION

U.S. DISTRICT COURTU.S. District Court, Western District of New York (Buffalo)CIVIL DOCKET FOR CASE #: 1:09-cv-00940-WMS-LGF

Erie Painting & Maintenance Inc. v. Illinois Union Insurance

Company

Assigned to: Hon. William M. Skretny

Referred to: Hon. Leslie G. Foschio

Cause: 28:1332 Diversity-Insurance Contract

Date Filed: 11/02/2009

Jury Demand: Plaintiff

Nature of Suit: 110 Insurance

Jurisdiction: Diversity

Plaintiff

Erie Painting & Maintenance Inc. represented by Daniel T. Hunter

Gross, Shuman, Brizdle & Gilfillan, P.C.

465 Main Street

Suite 600Buffalo, NY 14203

716-854-4300

Fax: 716-854-2787

Email: [email protected]

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Richard S. Atwater


465 Main Street, Suite 600

Buffalo, NY 14203

716-854-4300

Fax: 716-854-2787


LEAD ATTORNEY


Trevor Michael Torcello


465 Main Street


716-854-4300

Fax: 716-854-2787



V.

M/ECF LIVE - U.S. District Court:nywd https://ecf.nywd.uscourts.gov/cgi-bin/DktRpt.pl?92643178736

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Defendant

Illinois Union Insurance Company represented by Ryan K. Cummings

Hodgson Russ, LLP

The Guaranty Building

140 Pearl Street

Suite 100

Buffalo, NY 14202716-848-1665

Fax: 716-849-0349


LEAD ATTORNEY


Brent John Nowicki

Hodgson Russ LLP


140 Pearl Street


716-848-1398

Fax: 716-819-4751



Patrick Tomovic

Hodgson Russ, LLP


140 Pearl StreetSuite 100

Buffalo, NY 14202

716-848-1496

Fax: 716-849-0349



Counter Claimant

Illinois Union Insurance Company represented by Ryan K. Cummings

(See above for address)

LEAD ATTORNEYATTORNEY TO BE NOTICED

Brent John Nowicki



Patrick Tomovic



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V.

Counter Defendant

Erie Painting & Maintenance Inc. represented by Daniel T. Hunter

(See above for address)LEAD ATTORNEY


Richard S. Atwater


LEAD ATTORNEY


Trevor Michael Torcello



Date Filed # Docket Text

11/02/2009 1 NOTICE OF REMOVAL by Illinois Union Insurance Company from State of New

York Supreme Court: County of Erie, case number I2009-11887. (Filing fee

$350.00 receipt number 015228), filed by Illinois Union Insurance Company.

(Attachments: #(1) Summons, #(2) Complaint, #(3) Affidavit of Service, #(4)

Exhibit B, #(5) Exhibit C, #(6) Exhibit D.) (DLC) (Entered: 11/04/2009)

11/02/2009 2 CERTIFICATE OF SERVICE by Illinois Union Insurance Company re 1 Notice ofRemoval. (DLC) (Entered: 11/04/2009)

11/02/2009 3 AUTOMATIC REFERRAL to Mediation. (DLC) (Entered: 11/04/2009)

11/09/2009 4 ANSWER to Complaint, COUNTERCLAIM against Erie Painting & Maintenance

Inc. by Illinois Union Insurance Company.(Cummings, Ryan) (Entered:

11/09/2009)

11/09/2009 5 Corporate Disclosure Statement by Illinois Union Insurance Company identifying

Corporate Parent ACE Limited for Illinois Union Insurance Company, Illinois

Union Insurance Company.. (Cummings, Ryan) (Entered: 11/09/2009)

11/09/2009 6 CERTIFICATE OF SERVICE by Illinois Union Insurance Company re 5

Corporate Disclosure Statement, 4 Answer to Complaint, Counterclaim

(Cummings, Ryan) (Entered: 11/09/2009)

11/16/2009 7 ANSWER to 4 Answer to Complaint, Counterclaim by Erie Painting &

Maintenance Inc..(Atwater, Richard) (Entered: 11/16/2009)

11/17/2009 8 ADR Notice and Plan electronically forwarded to attorneys. (DLC) (Entered:

11/17/2009)


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11/17/2009 9 TEXT REFERRAL ORDER - Hon. Leslie G. Foschio, United States Magistrate

Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C.

636(b)(1)(A), all pre-trial matters in this case are referred to the above-named

United States Magistrate Judge, including but not limited to: (1) conduct of a

scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P.

16, (2) hearing and disposition of all non-dispositive motions or applications, (3)

supervision of discovery, and (4) supervision of all procedural matters involving

the aforementioned or involving the preparation of the case or any matter therein

for consideration by the District Judge. The Magistrate Judge shall not hear and

report upon dispositive motions for the consideration of the District Judge pursuant

to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All

motions or applications shall be filed with the Clerk and made returnable before

the Magistrate Judge. The parties are encouraged to consider the provisions of 28

U.S.C. 636(c) governing consent to either partial or complete disposition of the

case, including trial if necessary, by the Magistrate Judge. Consent forms are

available from the office of the Magistrate Judge or the office of the Clerk of

Court. IT IS SO ORDERED. Issued by Judge William M. Skretny on 11/17/2009.

(JCD) (Entered: 11/17/2009)

11/17/2009 10 DEMAND for Trial by Jury by Erie Painting & Maintenance Inc.. (Atwater,

Richard) (Entered: 11/17/2009)

12/02/2009 11 NOTICE of Appearance by Trevor Michael Torcello on behalf of Erie Painting &

Maintenance Inc. (Torcello, Trevor) (Entered: 12/02/2009)

12/02/2009 12 MOTION to Remand to State Court by Erie Painting & Maintenance

Inc..(Torcello, Trevor) (Entered: 12/02/2009)

12/02/2009 13 DECLARATION signed by Trevor M. Torcello filed by Erie Painting &

Maintenance Inc.. (Attachments: # 1 Exhibit A(1), # 2 Exhibit A(2), # 3 Exhibit

B-F)(Torcello, Trevor) (Entered: 12/02/2009)

12/02/2009 14 MEMORANDUM/BRIEF of Law by Erie Painting & Maintenance Inc.. (Torcello,

Trevor) (Entered: 12/02/2009)

12/08/2009 15 ORDER REFERRING 12 Plaintiff's Motion to Remand to State Court to

Magistrate Judge Leslie G. Foschio. Signed by Judge William M. Skretny on

12/7/2009. (JCD) (Entered: 12/08/2009)

12/09/2009 16 ORDER re 12 MOTION to Remand to State Court filed by Erie Painting &

Maintenance Inc. Responses due by 12/30/2009. Replies due by 1/6/2010. Signed

by Hon. Leslie G. Foschio on 12/9/2009. (SDW) (Entered: 12/09/2009)12/30/2009 17 MEMORANDUM in Opposition re 12 MOTION to Remand to State Court filed

by Illinois Union Insurance Company. (Cummings, Ryan) (Entered: 12/30/2009)

12/30/2009 18 CERTIFICATE OF SERVICE by Illinois Union Insurance Company re 17

Memorandum in Opposition to Motion (Cummings, Ryan) (Entered: 12/30/2009)

01/06/2010 19 MEMORANDUM in Support re 12 MOTION to Remand to State CourtReply

filed by Erie Painting & Maintenance Inc.. (Atwater, Richard) (Entered:


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06/24/2010)

07/29/2010 27 Stipulation-Selection of Mediator by Illinois Union Insurance Company.

(Tomovic, Patrick) (Entered: 07/29/2010)

12/21/2010 28 STIPULATION and [Proposed] Order by Erie Painting & Maintenance Inc.,

Illinois Union Insurance Company. (Attachments: # 1 Certificate of Service)

(Nowicki, Brent) (Entered: 12/21/2010)12/23/2010 29 TEXT ORDER APPROVING 28 Stipulation filed by Erie Painting & Maintenance

Inc., Illinois Union Insurance Company to amend the June 23, 2010 Scheduling

Order. First Amended Scheduling Order to be filed separately. SO ORDERED.

Issued by Hon. Leslie G. Foschio on 12/23/2010. (SDW) (Entered: 12/23/2010)

12/23/2010 30 FIRST AMENDED SCHEDULING ORDER (Please Note: This docket text may

not contain the entire contents of the attached Order. It is your responsibility to

read the attached Order and download it for future reference. Direct any questions

to the Chambers of the Judge who entered this Order.) Discovery completed by

3/31/2011. Plaintiff Expert Witness ID due by 3/31/2011. Motions to Compel

Discovery due by 4/13/2011. Defendant Expert Witness ID due by 4/29/2011.Dispositive Motions due by 7/29/2011. Mediation To End by 8/30/2011.. Signed

by Hon. Leslie G. Foschio on 12/23/2010. (SDW) (Entered: 12/23/2010)

03/24/2011 31 STIPULATION and Proposed Order by Erie Painting & Maintenance Inc..

(Atwater, Richard) (Entered: 03/24/2011)

03/24/2011 32 TEXT ORDER approving 31 Stipulation filed by Erie Painting & Maintenance

Inc. Second Amended Scheduling Order to be filed separately. SO ORDERED.

Issued by Hon. Leslie G. Foschio on 3/24/2011. (SDW) (Entered: 03/24/2011)

03/24/2011 33 SECOND AMENDED SCHEDULING ORDER (Please Note: This docket text

may not contain the entire contents of the attached Order. It is your responsibilityto read the attached Order and download it for future reference. Direct any

questions to the Chambers of the Judge who entered this Order.) Discovery

completed by 6/30/2011. Plaintiff Expert Witness ID due by 6/30/2011. Motions to

Compel Discovery due by 7/13/2011. Defendant Expert Witness ID due by

7/29/2011. Dispositive Motions due by 10/28/2011. Mediation To End by

11/30/2011.. Signed by Hon. Leslie G. Foschio on 3/24/2011. (SDW) (Entered:

03/25/2011)

06/14/2011 34 STIPULATION re 33 Scheduling Order,, and [Proposed] Order by Illinois Union

Insurance Company. (Attachments: # 1 Certificate of Service)(Nowicki, Brent)

(Entered: 06/14/2011)

06/15/2011 35 TEXT ORDER approving re 34 Stipulation filed by Illinois Union Insurance

Company. Third Amended Scheduling Order to be filed separately. SO

ORDERED. Issued by Hon. Leslie G. Foschio on 6/15/2011. (SDW) (Entered:

06/15/2011)

06/15/2011 36 THIRD AMENDED SCHEDULING ORDER (Please Note: This docket text may

not contain the entire contents of the attached Order. It is your responsibility to

read the attached Order and download it for future reference. Direct any questions


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to the Chambers of the Judge who entered this Order.) Discovery completed by

9/16/2011. Plaintiff Expert Witness ID due by 9/16/2011. Motions to Compel

Discovery due by 9/30/2011. Defendant Expert Witness ID due by 10/14/2011.

Dispositive Motions due by 1/16/2012. Mediation To End by 2/24/2012.. Signed


09/13/2011 37 MOTION to Compel by Illinois Union Insurance Company. (Attachments: # 1

Declaration, # 2 Memorandum in Support, # 3 Certificate of Service)(Cummings,Ryan) (Entered: 09/13/2011)

09/16/2011 38 MOTION for Extension of Time to Complete Discovery by Erie Painting &

Maintenance Inc.. (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)(Atwater, Richard) (Entered: 09/16/2011)

09/19/2011 39 ORDER re 38 MOTION for Extension of Time to Complete Discovery filed by

Erie Painting & Maintenance Inc., 37 MOTION to Compel filed by Illinois Union

Insurance Company. Responses due by 9/29/2011. Replies due by 10/4/2011. Oral

Argument set for 10/12/2011 02:00 PM before Hon. Leslie G. Foschio. Signed by

Hon. Leslie G. Foschio on 9/19/2011. (SDW) (Entered: 09/19/2011)

09/29/2011 40 DECLARATION filed by Erie Painting & Maintenance Inc. in response to Motion

by Illinois Union Insurance Company (Docket 37) filed by Erie Painting &

Maintenance Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4

Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Atwater, Richard) (Entered: 09/29/2011)

09/29/2011 41 DECLARATION re 38 MOTION for Extension of Time to Complete Discovery

filed by Illinois Union Insurance Company in Opposition filed by Illinois Union

Insurance Company. (Attachments: # 1 Certificate of Service)(Nowicki, Brent)

(Entered: 09/29/2011)

10/12/2011 42 Minute and Order. Proceedings held before Hon. Leslie G. Foschio: Oral

Argument held on 10/12/2011. Court DENIED 37 Motion to Compel and

DISISSED 38 Motion for Extension of Time to Complete Discovery. Amended

Scheduling Order to be filed separately. Appearances: Pltf-Richard Atwater, Esq.,

Dft-Brent Nowicki, Esq. (Court Reporter FTR Gold.) (SDW) (Entered:

10/14/2011)

10/17/2011 43 FOURTH AMENDED SCHEDULING ORDER (Please Note: This docket text

may not contain the entire contents of the attached Order. It is your responsibility

to read the attached Order and download it for future reference. Direct any

questions to the Chambers of the Judge who entered this Order.) Discoverycompleted by 11/23/2011. Motions to Compel Discovery due by 12/2/2011.

Dispositive Motions due by 1/16/2012. Mediation To End by 2/24/2012.. Signed


01/16/2012 44 MOTION for Summary Judgment by Illinois Union Insurance Company.

(Attachments: # 1 Statement of Undisputed Facts, # 2 Appendix Rule 56

Appendix, Tab 1, (# 3 Appendix Rule 56 Appendix, Replaced with #5 correction

Tab 2), # 4 Memorandum in Support)(Cummings, Ryan) (Additional attachment(s)

added on 2/28/2012: # 5 Corrected Declaration) (DLC). Modified on 2/28/2012


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(DLC). (Entered: 01/16/2012)

01/17/2012 45 MOTION for Summary Judgment by Erie Painting & Maintenance Inc..

(Attachments: # 1 Statement of Undisputed Facts, # 2 Exhibit A (Part 1), # 3

Exhibit A (Part 2), # 4 Exhibit A (Part 3), # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit

D, # 8 Exhibit E (Part 1), # 9 Exhibit E (Part 2), # 10 Exhibit E (Part 3), # 11

Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J, # 16

Exhibit K, # 17 Exhibit L, # 18 Exhibit M, # 19 Memorandum in Support, # 20Certificate of Service)(Atwater, Richard) (Entered: 01/17/2012)

01/20/2012 46 SCHEDULING NOTICE on 4445 Motions for Summary Judgment. Response

due by 2/17/2012. Replies due by 3/5/2012. Oral Argument will be scheduled by

the Court as necessary. (MEAL) (Entered: 01/20/2012)

02/13/2012 47 Consent MOTION to Amend/Correct 44 MOTION for Summary Judgment by

Illinois Union Insurance Company. (Attachments: # 1 Affidavit Ryan K.

Cummings)(Cummings, Ryan) (Entered: 02/13/2012)

02/17/2012 48 MEMORANDUM in Opposition re 44 MOTION for Summary Judgment filed by

Erie Painting & Maintenance Inc.. (Attachments: # 1 Certificate of Service)(Atwater, Richard) (Entered: 02/17/2012)

02/17/2012 49 REPLY/RESPONSE to re 44 MOTION for Summary JudgmentRule 56 Opposing

Statement of Facts filed by Erie Painting & Maintenance Inc.. (Attachments: # 1

Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit, # 5 Exhibit, # 6

Exhibit, # 7 Exhibit Part 1, # 8 Exhibit Part 2, # 9 Exhibit Part 3, # 10 Exhibit, # 11

Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17

Exhibit, # 18 Certificate of Service)(Atwater, Richard) (Entered: 02/17/2012)

02/17/2012 50 MOTION to Strike 45 MOTION for Summary Judgment by Illinois Union

Insurance Company. (Attachments: # 1 Memorandum in Support, # 2 Affidavit)(Cummings, Ryan) (Entered: 02/17/2012)

02/17/2012 51 RESPONSE in Opposition re 45 MOTION for Summary Judgment filed by Illinois

Union Insurance Company. (Attachments: # 1 Statement of Undisputed Facts

Illinois Union's Response to Erie Painting's Rule 56 Statement, # 2 Certificate of

Service)(Cummings, Ryan) (Entered: 02/17/2012)

02/21/2012 E-Filing Notification: Missing case caption, Court name and case number. For

future reference include on Certificate of Service)(Atwater, Richard) (DLC)

(Entered: 02/21/2012)

02/23/2012 52 TEXT ORDER. IT HEREBY IS ORDERED THAT. the Defendant's 47 Motion toAmend/Correct Docket Number 44-3 (Tab 2 of Illinois Union Insurance

Company's Rule 56 Appendix) to include the full Stephen M. Kamoroff

Declaration is GRANTED. FURTHER, that the Defendant is directed to provide

the Clerk of the Court with a CD with the Full Declaration no later than close of

business 2/24/2012. FURTHER, upon receipt of the requisite CD, the Clerk of the

Court is DIRECTED to replace Document 44-3. SO ORDERED. Issued by

William M. Skretny, Chief Judge U.S.D.C. on 2/20/2012. (MEAL) (Entered:

02/23/2012)


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02/23/2012 53 SCHEDULING NOTICE on 50 Motion to Strike. Response due by 3/5/2012.

Reply due by 3/15/2012. Oral Argument will be scheduled by the Court as

necessary. (MEAL) (Entered: 02/23/2012)

03/05/2012 54 REPLY/RESPONSE to re 51 Response in Opposition to Motion,Reply

Memorandum of Law in Response to Defendant's Opposition to Plaintiff's Motion

for Summary Judgmentfiled by Erie Painting & Maintenance Inc.. (Attachments: #

1 Certificate of Service)(Atwater, Richard) (Entered: 03/05/2012)

03/05/2012 55 MOTION for Discovery to Permit Plaintiff to Supplement its Rule 26 Disclosure

and Interrogatory Answers by Erie Painting & Maintenance Inc.. (Attachments: #

1 Declaration of R. Scott Atwater, Esq., # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit

C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Memorandum in Support, # 9

Certificate of Service)(Atwater, Richard) (Entered: 03/05/2012)

03/05/2012 56 RESPONSE in Support re 44 MOTION for Summary Judgment filed by Illinois

Union Insurance Company. (Attachments: # 1 Rule 56(a)(2) Response to Erie

Painting's Rule 56(a)(2) Counterstatements of Uncontested Facts, # 2 Declaration

of Ryan K. Cummings with Exhibits A-C, # 3 Certificate of Service)(Cummings,Ryan) (Entered: 03/05/2012)

03/07/2012 57 NOTICE of Appearance by Brent John Nowicki on behalf of Illinois Union

Insurance Company (Attachments: # 1 Certificate of Service)(Nowicki, Brent)

(Entered: 03/07/2012)

03/07/2012 58 MOTION to Strike 54 Reply/Response, by Illinois Union Insurance Company.

(Attachments: # 1 Memorandum in Support of Motion to Strike Erie Painting's

Reply Brief, # 2 Certificate of Service)(Nowicki, Brent) (Entered: 03/07/2012)

03/08/2012 59 SCHEDULING NOTICE on Plaintiff's 55 Motion to Supplement its Rule 26

disclosures and interrogatory answers and Defendant's 58 Motion to StrikePlaintiff's 43 reply brief. Responses due by 3/26/2012. Replies due by 4/5/2012.

Oral Argument will be scheduled by the Court as necessary. (MEAL) (Entered:

03/08/2012)

03/15/2012 60 REPLY to Response to Motion re 50 MOTION to Strike 45 MOTION for

Summary Judgment filed by Illinois Union Insurance Company. (Attachments: # 1

Affidavit Ryan K. Cummings, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5

Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Certificate of Service)(Cummings,

Ryan) (Entered: 03/15/2012)

03/26/2012 61 MOTION for Leave to FileAmended Reply Memorandum of Law by Erie Painting

& Maintenance Inc.. (Attachments: # 1 Exhibit A, # 2 Declaration of R. ScottAtwater, Esq., # 3 Certificate of Service)(Atwater, Richard) (Entered: 03/26/2012)

03/26/2012 62 MOTION to Strike 44 MOTION for Summary Judgment, 56 Response in Support

of Motion, 51 Response in Opposition to Motion, by Erie Painting & Maintenance

Inc.. (Attachments: # 1 Declaration of R. Scott Atwater, Esq., # 2 Exhibit A, # 3

Exhibit B, # 4 Exhibit C, # 5 Certificate of Service)(Atwater, Richard) (Entered:

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03/26/2012 63 MEMORANDUM in Opposition re 58 MOTION to Strike 54 Reply/Response,

and MEMORANDUM in Support61 Cross-Motion to File Amended Reply

Memorandum and62 Cross-Motion to Strike All of Defendant's Memoranda of

Law filed by Erie Painting & Maintenance Inc.. (Attachments: # 1 Certificate of

Service)(Atwater, Richard) (Entered: 03/26/2012)

03/26/2012 64 MEMORANDUM in Opposition re 55 MOTION for Discovery to Permit Plaintiff

to Supplement its Rule 26 Disclosure and Interrogatory Answers filed by IllinoisUnion Insurance Company. (Attachments: # 1 Certificate of Service)(Cummings,


04/05/2012 65 DECLARATION re 55 MOTION for Discovery to Permit Plaintiff to Supplement

its Rule 26 Disclosure and Interrogatory Answers filed by Erie Painting &

Maintenance Inc. filed by Erie Painting & Maintenance Inc.. (Attachments: # 1

Exhibit A, # 2 Exhibit B, # 3 Reply Memorandum of Law in Support of its Motion

to Supplement, # 4 Certificate of Service)(Atwater, Richard) (Entered: 04/05/2012)

04/05/2012 66 REPLY to Response to Motion re 61 MOTION for Leave to FileAmended Reply

Memorandum of Law, 58 MOTION to Strike 54 Reply/Response, filed by IllinoisUnion Insurance Company. (Attachments: # 1 Certificate of Service)(Cummings,


04/09/2012 67 MOTION for Leave to File Sur-Reply Memorandum of Law, a Supplemental Rule

56.1 Statement, and Declaration of Counsel Authenticating Documents to be

Submittedby Erie Painting & Maintenance Inc.. (Attachments: # 1 Declaration of

R. Scott Atwater, Esq., # 2 Memorandum in Support, # 3 Certificate of Service)


04/12/2012 68 REPLY/RESPONSE to re 61 MOTION for Leave to FileAmended Reply

Memorandum of Law filed by Erie Painting & Maintenance Inc.. (Attachments: # 1

Certificate of Service)(Atwater, Richard) (Entered: 04/12/2012)

04/13/2012 69 RESPONSE in Opposition re 62 MOTION to Strike 44 MOTION for Summary

Judgment, 56 Response in Support of Motion, 51 Response in Opposition to

Motion, MOTION to Strike 44 MOTION for Summary Judgment, 56 Response in

Support of Motion, 51 Response in Opposition to Motion, filed by Illinois Union

Insurance Company. (Attachments: # 1 Affidavit Declaration of Ryan K.

Cummings, # 2 Certificate of Service)(Cummings, Ryan) (Entered: 04/13/2012)

04/13/2012 70 MEMORANDUM in Opposition re 67 MOTION for Leave to File Sur-Reply

Memorandum of Law, a Supplemental Rule 56.1 Statement, and Declaration of

Counsel Authenticating Documents to be Submittedfiled by Illinois UnionInsurance Company. (Attachments: # 1 Certificate of Service)(Cummings, Ryan)

(Entered: 04/13/2012)

04/20/2012 71 REPLY to Response to Motion re 62 MOTION to Strike 44 MOTION for

Summary Judgment, 56 Response in Support of Motion, 51 Response in

Opposition to Motion, MOTION to Strike 44 MOTION for Summary Judgment,

56 Response in Support of Motion, 51 Response in Opposition to Motion, filed by

Erie Painting & Maintenance Inc.. (Attachments: # 1 Certificate of Service)



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04/20/2012 72 REPLY to Response to Motion re 67 MOTION for Leave to File Sur-Reply

Memorandum of Law, a Supplemental Rule 56.1 Statement, and Declaration of

Counsel Authenticating Documents to be Submittedfiled by Erie Painting &

Maintenance Inc.. (Attachments: # 1 Certificate of Service)(Atwater, Richard)

(Entered: 04/20/2012)

05/09/2012 73 TEXT ORDER

IT HEREBY IS ORDERED THAT the parties shall submit to chambers, no later

than May 18, 2012, courtesy copies of their respective filings in connection with

Defendant's 44 Motion for Summary Judgment, Plaintiff's 45 Motion for Summary

Judgment, Defendant's 50 Motion to Strike Plaintiff's Motion for Summary

Judgment, Plaintiff's 55 Motion for Discovery, Defendant's 58 Motion to Strike

Plaintiff's Response/Reply, Plaintiff's 61 Motion for Leave to File Amended Reply,

Plaintiff's 62 Motion to Strike Defendant's Motion for Summary Judgment, and

Plaintiff's 67 Motion for Leave to file Sur-Reply.

SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 5/9/2012.

(CMD) (Entered: 05/09/2012)

06/25/2012 74 DECISION AND ORDER DENYING Defendant's 44 Motion for Summary

Judgment; DENYING Plaintiff's 45 Motion for Summary Judgment; GRANTING

in part and DENYING in part Defendant's 50 Motion to Strike; GRANTING

Plaintiff's 55 Motion to Supplement Discovery; DENYING Defendant's 58 Motion

to Strike Plaintiff's Reply Memorandum; DENYING Plaintiff's 61 Motion to File

an Amended Reply Memorandum; DENYING Plaintiff's 62 Motion to Strike

Defendant's Memoranda; DENYING Plaintiff's 67 Motion to File a Sur-Reply.

Signed by William M. Skretny, Chief Judge U.S.D.C. on 6/23/2012. (MEAL)

(Entered: 06/25/2012)

06/29/2012 75 SCHEDULING NOTICE. A Status Conference is scheduled for 7/12/2012 at

11:00 AM before William M. Skretny, Chief Judge. (MEAL) (Entered:

06/29/2012)

07/10/2012 76 NOTICE of Appearance by Daniel T. Hunter on behalf of Erie Painting &

Maintenance Inc. (Attachments: # 1 Certificate of Service)(Hunter, Daniel)

(Entered: 07/10/2012)

07/10/2012 77 MOTION Adjournment of status conference by Erie Painting & Maintenance Inc..

(Attachments: # 1 Declaration, # 2 Text of Proposed Order, # 3 Certificate of

Service)(Hunter, Daniel) (Entered: 07/10/2012)

07/11/2012 E-Filing Notification: Document contains so ordered line and should be submitted

via e-mail to the assigned judge. Refer to page 9 of the Administrative Guide for

e-mail addresses. No action required re 77 MOTION Adjournment of status

conference with proposed order attached. (DLC) (Entered: 07/11/2012)

07/11/2012 78 TEXT ORDER. IT HEREBY IS ORDERED THAT, the Plaintiff's 77 Motion to

Adjourn the Status Conference scheduled for 7/12/2012 is GRANTED. A Status

Conference is now scheduled for 8/6/2012 at 9:00 AM before William M. Skretny,

Chief Judge U.S.D.C. SO ORDERED. Issued by William M. Skretny, Chief Judge


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U.S.D.C. on 7/11/2012. (MEAL) (Entered: 07/11/2012)

08/02/2012 79 MOTION for Leave to Appeal by Illinois Union Insurance Company.

(Attachments: # 1 Memorandum in Support Memorandum of Law)(Cummings,

