smithfield foods inc et al v. united states of america docket
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TRANSFERIN
United States District CourtEastern District of Wisconsin (Milwaukee)
CIVIL DOCKET FOR CASE #: 2:13-cv-00651-JPS
Smithfield Foods Inc et al v. United States of America
Assigned to: Judge J P Stadtmueller
Demand: $9,999,000
Case in other court: California Central, 2:12-cv-02254
Cause: 28:2671 Federal Tort Claims Act
Date Filed: 06/11/2013
Jury Demand: None
Nature of Suit: 290 Real Property: Other
Jurisdiction: U.S. Government
Defendant
Plaintiff
Smithfield Foods Inc
a Virginia Corporation
represented by Alyssa J Endelman
Denenberg Tuffley PLLC
1 Northwestern Plaza28411 Northwestern Hwy - Ste 600
Southfield, MI 48034
248-549-3900
Fax: 248-593-5808
Email: [email protected]
PRO HAC VICE
ATTORNEY TO BE NOTICED
Charles R Tuffley
Denenberg Tuffley PLLC
1 Northwestern Plaza28411 Northwestern Hwy - Ste 600
Southfield, MI 48034
248-549-3900
Fax: 248-593-5808
PRO HAC VICE
ATTORNEY TO BE NOTICED
Erin M Lahey
Denenberg Truffley PLLC
10250 Constellation Blvd - Ste 2320
Los Angeles, CA 90067
310-356-4683
Fax: 310-284-9089
ATTORNEY TO BE NOTICED
Michele L Levinson
Long Beach City Attorneys Office
Eastern District of Wisconsin - Live https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?1139376558
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333 W Ocean Blvd - Ste 1100
Los Angeles, CA 90802-4664
562-570-2200
Fax: 562-436-1579
TERMINATED: 07/31/2012
Pamela Judith GelmanDenenberg Truffley PLLC
10250 Constellation Blvd - Ste 2320
Los Angeles, CA 90067
310-356-4683
Fax: 310-284-9089
TERMINATED: 06/04/2013
ATTORNEY TO BE NOTICED
Paul A Casetta
Denenberg Tuffley PLLC
1 Northwestern Plaza28411 Northwestern Hwy - Ste 600
Southfield, MI 48034
248-549-3900
Fax: 248-593-5808
Email: [email protected]
PRO HAC VICE
ATTORNEY TO BE NOTICED
Todd B Denenberg
Denenberg Tuffley PLLC1 Northwestern Plaza
28411 Northwestern Hwy - Ste 600
Southfield, MI 48034
248-549-3900
Fax: 248-593-5808
Email: [email protected]
PRO HAC VICE
ATTORNEY TO BE NOTICED
Plaintiff
Patrick Cudahy Inca Delaware Corporation
represented by Alyssa J Endelman(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Charles R Tuffley
(See above for address)
Eastern District of Wisconsin - Live https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?1139376558
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PRO HAC VICE
ATTORNEY TO BE NOTICED
Erin M Lahey
(See above for address)
ATTORNEY TO BE NOTICED
Michele L Levinson
(See above for address)
TERMINATED: 07/31/2012
Pamela Judith Gelman
(See above for address)
TERMINATED: 06/04/2013
ATTORNEY TO BE NOTICED
Todd B Denenberg
(See above for address)ATTORNEY TO BE NOTICED
Plaintiff
Allianz Global Risks US Insurance
Company
a California Corporation
represented by Alyssa J Endelman
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Charles R Tuffley
(See above for address)PRO HAC VICE
ATTORNEY TO BE NOTICED
Erin M Lahey
(See above for address)
ATTORNEY TO BE NOTICED
Michele L Levinson
(See above for address)
TERMINATED: 07/31/2012
Pamela Judith Gelman
(See above for address)
TERMINATED: 06/04/2013
ATTORNEY TO BE NOTICED
Todd B Denenberg
Eastern District of Wisconsin - Live https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?1139376558
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Pamela Judith Gelman
(See above for address)
TERMINATED: 06/04/2013
ATTORNEY TO BE NOTICED
Todd B Denenberg
(See above for address)ATTORNEY TO BE NOTICED
Plaintiff
Liberty Mutual Fire Insurance
Company
a Wisconsin Corporation
represented by Alyssa J Endelman
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Charles R Tuffley
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Erin M Lahey
(See above for address)
ATTORNEY TO BE NOTICED
Michele L Levinson
(See above for address)
TERMINATED: 07/31/2012
Pamela Judith Gelman
(See above for address)
TERMINATED: 06/04/2013
ATTORNEY TO BE NOTICED
Todd B Denenberg
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Tokio Marine and Nichido FireInsurance Company Ltd
a New York Corporation
represented by Alyssa J Endelman(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Charles R Tuffley
(See above for address)
Eastern District of Wisconsin - Live https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?1139376558
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PRO HAC VICE
ATTORNEY TO BE NOTICED
Erin M Lahey
(See above for address)
ATTORNEY TO BE NOTICED
Michele L Levinson
(See above for address)
TERMINATED: 07/31/2012
Pamela Judith Gelman
(See above for address)
TERMINATED: 06/04/2013
ATTORNEY TO BE NOTICED
Todd B Denenberg
(See above for address)ATTORNEY TO BE NOTICED
Plaintiff
Certain Underwriters at Lloyd's
London
and its members subscribing to contract
no. Dp6855091(1), Unique Market
Reference B0509685509, a Foreign
Corporation as subrogees of Smithfield
Foods Inc and Patrick Cudahy Inc
represented by Alyssa J Endelman
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Charles R Tuffley
(See above for address)PRO HAC VICE
ATTORNEY TO BE NOTICED
Erin M Lahey
(See above for address)
ATTORNEY TO BE NOTICED
Michele L Levinson
(See above for address)
TERMINATED: 07/31/2012
Pamela Judith Gelman
(See above for address)
TERMINATED: 06/04/2013
ATTORNEY TO BE NOTICED
Todd B Denenberg
Eastern District of Wisconsin - Live https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?1139376558
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(See above for address)
ATTORNEY TO BE NOTICED
V.
Defendant
United States of America represented by Zakary K Toomey
United States Department of Justice
(DC)
1331 Pennsylvania Ave NW
Washington, DC 20004
202-598-2210
Fax: 202-616-5200
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Thomas K Buck
United States Department of Justice
(CD-CA)
Office of the US Attorney
Federal Building
300 N Los Angeles St - Rm 7615
Los Angeles, CA 90012
213-894-3989
Fax: 213-894-7819
TERMINATED: 12/26/2012
Date Filed # Docket Text
03/16/2012 1 COMPLAINT against Defendant United States of America. Case assigned to
Judge Consuelo B. Marshall for all further proceedings. Discovery referred to
Magistrate Judge David T. Bristow.(Filing fee $ 350 PAID.), filed by Plaintiffs
Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Ace American
Insurance Company, General Security Indemnity Company of Arizona, Certain
Underwriters at Lloyds of London, Smithfield Foods Inc, Tokio Marine and
Nichido Fire Insurance Company Ltd, Allianz Global Risks US Insurance
Company.(et) (mg). [Transferred from cacd on 6/11/2013.] (Entered:03/21/2012)
03/16/2012 60 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant United
States of America. (et) [Transferred from cacd on 6/11/2013.] (Entered:
03/21/2012)
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03/16/2012 2 NOTICE of Interested Parties filed by Plaintiffs Ace American Insurance
Company, Allianz Global Risks US Insurance Company, Certain Underwriters
at Lloyds of London, General Security Indemnity Company of Arizona,
Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods
Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, identifying
Corporate Parent Patrick Cudahy Inc for Smithfield Foods Inc; Corporate
Parent Allianz of America Inc for Allianz Global Risks US InsuranceCompany; Corporate Parent Ace Limited for Ace American Insurance
Company; Corporate Parent Tokio Marine Holdings Inc for Tokio Marine and
Nichido Fire Insurance Company Ltd; Corporate Parent SCOR Reinsurance
Company for General Security Indemnity Company of Arizona; Corporate
Parent Liberty Mutual Holding Company Inc for Liberty Mutual Fire Insurance
Company. (et) (mg). [Transferred from cacd on 6/11/2013.] (Entered:
03/21/2012)
04/05/2012 3 PROOF OF SERVICE Executed by Plaintiff Liberty Mutual Fire Insurance
Company, Patrick Cudahy Inc, Ace American Insurance Company, General
Security Indemnity Company of Arizona, Certain Underwriters at Lloyds ofLondon, Smithfield Foods Inc, Tokio Marine and Nichido Fire Insurance
Company Ltd, Allianz Global Risks US Insurance Company, upon Defendant
All Defendants. Service of the Summons and Complaint were executed upon
the United States Attorneys Office by delivering a copy to Frank B. Kawano.
Executed upon the Attorney Generals Office of the United States by delivering
a copy to E. Saso. Executed upon the officer agency or corporation by
delivering a copy to U.S. Attorney's Office. Service was executed in
compliance with Federal Rules of Civil Procedure. Due diligence declaration
NOT attached. Registered or certified mail return receipt attached. Original
Summons NOT returned. (Levinson, Michele) [Transferred from cacd on
6/11/2013.]
04/17/2012 4 APPLICATION for attorney Todd Denenberg to Appear Pro Hac Vice. (PHV
FEE PAID.) filed by plaintiff Smithfield Foods Inc. Lodged Proposed Order.
(ak) [Transferred from cacd on 6/11/2013.] (Entered: 04/18/2012)
05/07/2012 5 APPLICATION for Order for Application of Non-Resident Attorney to Appear
in a Specific Case filed by Plaintiffs Ace American Insurance Company,
Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds
of London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd. (Levinson, Michele)[Transferred from cacd on 6/11/2013.]
05/07/2012 6 APPLICATION for attorney Paul A. Casetta to Appear Pro Hac Vice (PHV
FEE NOT PAID.) filed by Plaintiffs Ace American Insurance Company,
Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds
of London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
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Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Proposed
Order Proposed Order)(Levinson, Michele) [Transferred from cacd on
6/11/2013.]
05/11/2012 7 ORDER by Judge Consuelo B. Marshall: granting 6 Application to Appear Pro
Hac Vice by Attorney Paul A Casetta on behalf of Plaintiffs Smithfield Foods
Inc, et al., designating Michele L. Levinson as local counsel. (lom)
[Transferred from cacd on 6/11/2013.]
05/11/2012 8 ORDER by Judge Consuelo B. Marshall: granting 4 Application to Appear Pro
Hac Vice by Attorney Todd B. Denenberg on behalf of Plaintiff, designating
Michele L. Levinson as local counsel. (lt) [Transferred from cacd on
6/11/2013.] (Entered: 05/14/2012)
05/14/2012 9 NOTICE OF MOTION AND MOTION to Dismiss Casefor Failure to State a
Claim and for Lack of Jurisdiction filed by Defendant United States of
America. Motion set for hearing on 7/9/2012 at 11:00 AM before Judge
Consuelo B. Marshall. (Attachments: # 1 Memorandum, # 2 Exhibit Guilty
Pleas of Joshua and Kurtis Popp, # 3 Exhibit Excerpts of CCO P3500.4F, # 4Exhibit Excerpts of CCO 3500.4H, # 5 Exhibit Excerpts of CCO 8000.4E, # 6
Exhibit MLSR Order, # 7 Exhibit Mojave Viper Order, # 8 Exhibit Declaration
of Brian Catlin, # 9 Exhibit Declaration of Andres Fuentes, # 10 Exhibit
Plaintiffs' Administrative Claim)(Toomey, Zakary) [Transferred from cacd on
6/11/2013.]
06/15/2012 10 MEMORANDUM in Opposition to MOTION to Dismiss Casefor Failure to
State a Claim and for Lack of Jurisdiction9 filed by Plaintiffs Ace American
Insurance Company, Allianz Global Risks US Insurance Company, Certain
Underwriters at Lloyds of London, General Security Indemnity Company of
Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc,Smithfield Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd.
(Attachments: # 1 Exhibit 1 - Complaint, # 2 Exhibit 2 - Statement from
Joshua Popp, # 3 Exhibit 3 - Affidavit of Dr. Robert A. Schroeder, # 4 Exhibit
4 - Marine Corps Response)(Denenberg, Todd) [Transferred from cacd on
6/11/2013.]
06/19/2012 11 APPLICATION for attorney Alyssa J. Endelman to Appear Pro Hac Vice
(PHV FEE NOT PAID.) filed by Plaintiffs Ace American Insurance Company,
Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds
of London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, TokioMarine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Proposed
Order)(Levinson, Michele) [Transferred from cacd on 6/11/2013.]
06/19/2012 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents
RE: APPLICATION for attorney Alyssa J. Endelman to Appear Pro Hac Vice
(PHV FEE PAID.) 11 . The following error(s) was found: Other error(s) with
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document(s): Second page to Application is missing, that includes local
counsel designation and signature page. All three good standing certificates are
past the 30 day expiration date as required pursuant to LR 83-2.3.1. In response
to this notice the court may order (1) an amended or correct document to be
filed (2) the document stricken or (3) take other action as the court deems
appropriate. You need not take any action in response to this notice unless and
until the court directs you to do so. (lt) [Transferred from cacd on 6/11/2013.]
06/25/2012 13 REPLY In Support Of MOTION to Dismiss Casefor Failure to State a Claim
and for Lack of Jurisdiction9 filed by Defendant United States of America.
(Toomey, Zakary) [Transferred from cacd on 6/11/2013.]
07/09/2012 14 MINUTES of Defendant's Motion to Dismiss 9 held before Judge Consuelo B.
Marshall. Defendant's Motion to Dismiss is denied. Court Reporter: Leandra
Amber. (lom) [Transferred from cacd on 6/11/2013.]
07/10/2012 16 MINUTES (IN CHAMBERS) by Judge Consuelo B. Marshall. The
Application of Non-Resident Attorney, etc. 11 filed by Alyssa J. Endelman is
hereby denied. See Notice to Filer of Deficiencies 12 . (lom) [Transferred fromcacd on 6/11/2013.] (Entered: 07/11/2012)
07/11/2012 15 NOTICE of Change of Attorney Information for attorney Pamela Judith
Gelman counsel for Plaintiffs Allianz Global Risks US Insurance Company,
Certain Underwriters at Lloyds of London, General Security Indemnity
Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy
Inc, Smithfield Foods Inc, Tokio Marine and Nichido Fire Insurance Company
Ltd. Filed by Plaintiffs Smithfield Foods, et al (Gelman, Pamela) [Transferred
from cacd on 6/11/2013.]
07/19/2012 17 ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint -
(Discovery) 1 filed by Defendant United States of America.(Toomey, Zakary)
[Transferred from cacd on 6/11/2013.]
07/26/2012 18 MINUTE ORDER (IN CHAMBERS)SCHEDULING CONFERENCE by
Judge Consuelo B. Marshall. On the Court's own motion, this case is set for a
Scheduling Conference on 10/22/2012 @ 10:00 A.M. A FAILURE TO
COMPLY WITH THIS ORDER MAY RESULT IN THE IMPOSITION OF
SANCTIONS. (Read order carefully) (ys) [Transferred from cacd on
6/11/2013.]
07/30/2012 19 NOTICE of Change of Attorney Information for attorney Pamela Judith
Gelman counsel for Plaintiffs Ace American Insurance Company, AllianzGlobal Risks US Insurance Company, Certain Underwriters at Lloyds of
London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd. Changing Email to
[email protected]. Filed by Plaintiff Smithfield Foods, et al (Gelman,
Pamela) [Transferred from cacd on 6/11/2013.]
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07/30/2012 20 REQUEST to Substitute attorney Pamela J. Gelman in place of attorney
Michele L. Levinson filed by Plaintiffs Ace American Insurance Company,
Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds
of London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd. Request set for hearing on
8/13/2012 at 11:00 AM before Judge Consuelo B. Marshall. (Gelman, Pamela)[Transferred from cacd on 6/11/2013.]
07/31/2012 21 ORDER by Judge Consuelo B. Marshall: granting 20 Request to Substitute
Attorney Pamela J. Gehnan, as attorney of record for Plaintiff Smithfield Foods
et al, instead of Attorney Michele L Levinson. (lom) [Transferred from cacd on
6/11/2013.] (Entered: 08/09/2012)
08/09/2012 22 APPLICATION for attorney Alyssa J. Endelman to Appear Pro Hac Vice
(PHV FEE NOT PAID.) filed by Plaintiffs Ace American Insurance Company,
Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds
of London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Proposed
Order Proposed Order)(Gelman, Pamela) [Transferred from cacd on
6/11/2013.]
08/09/2012 23 ORDER by Judge Consuelo B. Marshall: granting 22 Application to Appear
Pro Hac Vice by Attorney Alyssa J. Endelman on behalf of Plaintiff,
designating Pamela J. Gelman as local counsel. (lt) [Transferred from cacd on
6/11/2013.] (Entered: 08/10/2012)
09/17/2012 24 CERTIFICATE OF SERVICE filed by Plaintiffs Ace American Insurance
Company, Allianz Global Risks US Insurance Company, Certain Underwritersat Lloyds of London, General Security Indemnity Company of Arizona,
Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods
Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, Plaintiffs Initial
Rule 26(a)(1)(A) Disclosures served on 9/14/2012. (Casetta, Paul) [Transferred
from cacd on 6/11/2013.]
09/17/2012 25 CERTIFICATE OF SERVICE filed by Defendant United States of America,
Defendant's Initial Disclosures Pursuant to Rule 26(a)(1) served on 9/17/2012.
(Toomey, Zakary) [Transferred from cacd on 6/11/2013.]
09/19/2012 28 APPLICATION for attorney Charles R Tuffley to Appear Pro Hac Vice. (PHV
FEE PAID.) filed by Plaintiffs Allianz Global Risks US Insurance Company,
Certain Underwriters at Lloyds of London, General Security Indemnity
Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy
Inc, Smithfield Foods Inc, Tokio Marine and Nichido Fire Insurance Company
Ltd. Lodged proposed Order. (pj) [Transferred from cacd on 6/11/2013.]
(Entered: 09/27/2012)
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09/24/2012 26 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15 days,
filed by Plaintiffs Ace American Insurance Company, Allianz Global Risks US
Insurance Company, Certain Underwriters at Lloyds of London, General
Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance
Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio Marine and
Nichido Fire Insurance Company Ltd.. (Casetta, Paul) [Transferred from cacd
on 6/11/2013.]
09/25/2012 27 JOINT REPORT Rule 26(f) Discovery Plan (Amended) ; estimated length of
trial 15 days, filed by Plaintiffs Ace American Insurance Company, Allianz
Global Risks US Insurance Company, Certain Underwriters at Lloyds of
London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd.. (Casetta, Paul) [Transferred
from cacd on 6/11/2013.]
09/26/2012 29 ORDER by Judge Consuelo B. Marshall: granting 28 Application to Appear
Pro Hac Vice by Attorney Charles R. Tuffley on behalf of Plaintiffs,
designating Pamela J. Gelman as local counsel. (lt) [Transferred from cacd on
6/11/2013.] (Entered: 09/28/2012)
10/19/2012 30 IN CHAMBER MINUTE ORDER. The Scheduling Conference previously
scheduled for 10/22/2012 at 10:00 a.m. has been rescheduled. The Scheduling
Conference is now set for Thursday, November 1, 2012 at 1:30 PM before
Judge Consuelo B. Marshall. THERE IS NO PDF DOCUMENT
ASSOCIATED WITH THIS ENTRY.(cs) TEXT ONLY ENTRY [Transferred
from cacd on 6/11/2013.]
10/19/2012 31 CERTIFICATE OF SERVICE filed by Defendant United States of America,
Defendant's First Supplemental Disclosures served on 10/19/2012. (Toomey,Zakary) [Transferred from cacd on 6/11/2013.]
11/01/2012 35 MINUTES OF SCHEDULING CONFERENCE held before Judge Consuelo
B. Marshall. IT IS ORDERED as follows: (1) The Non-Expert Discovery
Cut-Off is April 28, 2013; (2) All fact discovery shall be completed on or
before May 3, 2013; (3) All expert discovery shall be completed on or before
March 30, 2013; (4) Settlement conference shall be held on or before April 15,
2013; (5) All motions shall be set for oral argument on or before June 4, 2013
at 10:00 a.m.; (6) Pre Trial Conference is set on August 5, 2013 at 2:30 P.M.;
(7) The 10 - 15 day estimate Court Trial is set on August 27, 2013 at 10:00
a.m. Court Reporter: Leandra Amber. (lom) [Transferred from cacd on6/11/2013.] (Entered: 12/12/2012)
11/20/2012 32 STIPULATION for Protective Order filed by Defendant United States of
America. (Attachments: # 1 Proposed Order)(Toomey, Zakary) [Transferred
from cacd on 6/11/2013.]
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11/30/2012 33 OF SERVICE filed by Plaintiffs Ace American Insurance Company, Allianz
Global Risks US Insurance Company, Certain Underwriters at Lloyds of
London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd, First Supplemental Rule
26(a)(1)(A) Disclosures served on 11/30/12. (Endelman, Alyssa) [Transferred
from cacd on 6/11/2013.]
12/11/2012 34 CERTIFICATE OF SERVICE filed by Defendant United States of America,
United States' First Interrogatories and First Requests for Production served
on 12/11/2012. (Toomey, Zakary) [Transferred from cacd on 6/11/2013.]
12/18/2012 36 NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of
Wisconsin ( Motion set for hearing on 1/21/2013 at 11:00 AM before Judge
Consuelo B. Marshall.), MOTION to Bifurcate Trial filed by Defendant United
States of America. (Attachments: # 1 Memorandum, # 2 Exhibit 1 Deposition
of Joshua Popp, # 3 Exhibit 2 Deposition of Kurtis Popp, # 4 Exhibit 3
Plaintiffs' Damages Summary, # 5 Exhibit 4 Plaintiffs' Supplemental
Disclosures, # 6 Exhibit 5 US Initial Disclosures, # 7 Exhibit 6 Plaintiffs'
Deposition Notice, # 8 Exhibit 7 Plaintiffs' Letter, # 9 Exhibit 8 Wisconsin
Complaint, # 10 Exhibit 9 Wisconsin MTD, # 11 Exhibit 10 Wisconsin
Dismissal, # 12 Exhibit 11 Criminal Complaint, # 13 Exhibit 12 Judgments of
Conviction, # 14 Exhibit 13 Determining Economic Damages Excerpt, # 15
Exhibit 14 US Discovery Requests)(Toomey, Zakary) [Transferred from cacd
on 6/11/2013.]
12/21/2012 37 STIPULATION to Reschedule Hearing Date filed by Defendant United States
of America. (Attachments: # 1 Proposed Order)(Toomey, Zakary) [Transferred
from cacd on 6/11/2013.]
12/27/2012 38 ORDER Granting Stipulation 37 by Judge Consuelo B. Marshall. IT IS
ORDERED that the hearing on the United States' Motion to Transfer Venue or
in the Alternative to Bifurcate 36 , currently set for January 21, 2013 is
rescheduled for January 28, 2013 at 11 a.m. in Courtroom 2, 2nd Floor. (lom)
[Transferred from cacd on 6/11/2013.] (Entered: 12/28/2012)
01/03/2013 40 STIPULATED PROTECTIVE ORDER re 32 by Judge Consuelo B. Marshal.
(See attached document for details.) (lom) [Transferred from cacd on
6/11/2013.] (Entered: 01/04/2013)
01/04/2013 39 MEMORANDUM in Opposition to MOTION to Transfer Case to Eastern
District of Wisconsin MOTION to Bifurcate Trial 36 filed by Plaintiffs Ace
American Insurance Company, Allianz Global Risks US Insurance Company,
Certain Underwriters at Lloyds of London, General Security Indemnity
Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy
Inc, Smithfield Foods Inc, Tokio Marine and Nichido Fire Insurance Company
Ltd. (Attachments: # 1 Exhibit 1 - Complaint, # 2 Exhibit 2 - Catlin Dep, # 3
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Exhibit 3 - Fuentes Dep, # 4 Exhibit 4 - Popp Dep, # 5 Exhibit 5 - Declaration,
# 6 Exhibit 6 - Memorandum, # 7 Exhibit 7 - Def's Memorandum, # 8 Exhibit 8
- Amended Rule 26(F) Report, # 9 Exhibit 9 - Civil Minutes)(Denenberg,
Todd) [Transferred from cacd on 6/11/2013.]
01/09/2013 41 MINUTE ORDER IN CHAMBERS by Magistrate Judge David T Bristow:
The parties' proposed Stipulation and Protective Order 40 has been referred by
theDistrict Judge to the Magistrate Judge for consideration. The parties are
advised that the Court declines to issue the proposed protective order to which
they have stipulated for the following reasons: 1. Proposed 8 needs to be
revised to make clear that any motion challenging a designation brought
pursuant to that paragraph will need to be made in strict compliance with Local
Rules 37-1 and 37-2 (including the Joint Stipulation requirement). 2. The
proposed Stipulation and Protective Order should be submitted to Magistrate
Judge David T. Bristow rather than District Judge Consuelo Marshall. (ad)
[Transferred from cacd on 6/11/2013.]
01/14/2013 42 REPLY in Support of MOTION to Transfer Case to Eastern District of
Wisconsin MOTION to Bifurcate Trial 36 filed by Defendant United States of
America. (Attachments: # 1 Exhibit Deposition of Fuentes, # 2 Exhibit
Deposition of Catlin)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.]
01/21/2013 43 NOTICE OF MOTION AND MOTION for Leave to file Sur-Reply filed by
Plaintiffs Ace American Insurance Company, Allianz Global Risks US
Insurance Company, Certain Underwriters at Lloyds of London, General
Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance
Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio Marine and
Nichido Fire Insurance Company Ltd. Motion set for hearing on 1/28/2013 at
11:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Attachment,
# 2 Exhibit A - Request for Admissions)(Denenberg, Todd) [Transferred from
cacd on 6/11/2013.]
01/23/2013 44 CERTIFICATE OF SERVICE filed by Defendant United States of America,
Defendant's Second Interrogatories and Second Requests for Production
served on 1/23/2013. (Toomey, Zakary) [Transferred from cacd on 6/11/2013.]
01/25/2013 45 MINUTE ORDER IN CHAMBERS - NOTICE TO ALL PARTIES OF
COURT ORDER by Judge Consuelo B. Marshall. On the Court's own motion,
the Defendants' Notice of motion to transfer venue or in the alternative to
bifurcate 36 and Plaintiffs' motion for leave to file sur-reply in opposition to
Defendant's motion to transfer venue or in the alternative to bifurcate 43 ,currently scheduled for January 28, 2013, are hereby ordered continued to
February 19, 2013 at 11:00 a.m. (lom) [Transferred from cacd on 6/11/2013.]
01/31/2013 46 CERTIFICATE OF SERVICE OF OBJECTIONS AND RESPONSES TO
DEFENDANT'S NOTICE OF 30(B)(6) DEPOSITION(Endelman, Alyssa)
[Transferred from cacd on 6/11/2013.]
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02/01/2013 47 NOTICE of Change of Attorney Information for attorney Pamela Judith
Gelman counsel for Plaintiffs Ace American Insurance Company, Allianz
Global Risks US Insurance Company, Certain Underwriters at Lloyds of
London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd. Changing address to 10250
Constellation Place, Suite 2320, Los Angeles, CA 90067. Changing faxnumber to 310-284-9089. Filed by Plaintiffs Smithfield Foods Inc., et al.
(Gelman, Pamela) [Transferred from cacd on 6/11/2013.]
02/03/2013 48 STIPULATION for Protective Order filed by Defendant United States of
America. (Attachments: # 1 Proposed Order)(Toomey, Zakary) [Transferred
from cacd on 6/11/2013.]
02/05/2013 49 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents
RE: Miscellaneous Document 46 . The following error(s) was found: Incorrect
event selected. The correct event is: Proof of Service (subsequent document).
In response to this notice the court may order (1) an amended or correct
document to be filed (2) the document stricken or (3) take other action as the
court deems appropriate. You need not take any action in response to this
notice unless and until the court directs you to do so. (lom) [Transferred from
cacd on 6/11/2013.]
02/13/2013 50 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall. On the
Court's own motion, the following Motions are continued to February 21, 2013
at 10:00 a.m.: (1) Motion of the United States to Transfer Venue or, in the
Alternative, to Bifurcate 36 ; and (2)Plaintiffs Motion for Leave to File
Sur-Reply 43 . (lom) [Transferred from cacd on 6/11/2013.]
02/15/2013 51 REQUEST for ADR Procedure No. 1 filed. Parties request to Appear BeforeMagistrate Judge for settlement proceedings. Filed by Plaintiffs Ace American
Insurance Company, Allianz Global Risks US Insurance Company, Certain
Underwriters at Lloyds of London, General Security Indemnity Company of
Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc,
Smithfield Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd,
Defendant United States of America.(Endelman, Alyssa) [Transferred from
cacd on 6/11/2013.]
02/15/2013 52 STATUS REPORT Plaintiffs' Status Conference Status Reportfiled by
Plaintiffs Ace American Insurance Company, Allianz Global Risks US
Insurance Company, Certain Underwriters at Lloyds of London, GeneralSecurity Indemnity Company of Arizona, Liberty Mutual Fire Insurance
Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio Marine and
Nichido Fire Insurance Company Ltd. (Attachments: # 1 Exhibit 1)(Endelman,
Alyssa) [Transferred from cacd on 6/11/2013.]
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02/19/2013 53 Notice of Withdrawal of Motion for Leave to File Document,, 43 filed by
Plaintiff Ace American Insurance Company, Allianz Global Risks US
Insurance Company, Certain Underwriters at Lloyds of London, General
Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance
Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio Marine and
Nichido Fire Insurance Company Ltd. (Denenberg, Todd) [Transferred from
cacd on 6/11/2013.]
02/19/2013 54 OPPOSITION to Plaintiffs' Status Conference Reportfiled by Defendant
United States of America. (Attachments: # 1 Exhibit Depo. of Joshua Popp, # 2
Exhibit Depo. of Kurtis Popp, # 3 Exhibit 3 Depo. Withdrawal Emails, # 4
Exhibit 4 Depo. of Parul Stevens, # 5 Exhibit 5 Smithfield 10-K, # 6 Exhibit 6
Damages Projections, # 7 Exhibit 7 Pl. Damages Summary, # 8 Exhibit 8
Illegible Documents, # 9 Exhibit 9 Replacement Cost Projections, # 10 Exhibit
10 Los Profits Projections, # 11 Exhibit 11 Requests for Legible Docs, # 12
Exhibit 12 US Discovery, # 13 Exhibit 13 New Illegible Documents, # 14
Exhibit 14 Pl. Resp. to RFP, # 15 Exhibit 15 Pl. Resp. to Interrogatories, # 16
Exhibit 16 Native Format Requests, # 17 Exhibit 17 Pl. Supp. Responses, # 18Exhibit 18 Expert Disclosure Emails)(Toomey, Zakary) [Transferred from cacd
on 6/11/2013.]
02/20/2013 55 Notice of Withdrawal of Status Report, 52 filed by Plaintiff Ace American
Insurance Company, Allianz Global Risks US Insurance Company, Certain
Underwriters at Lloyds of London, General Security Indemnity Company of
Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc,
Smithfield Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd.
(Denenberg, Todd) [Transferred from cacd on 6/11/2013.]
02/21/2013 56 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents
RE: Response in Opposition to Motion 54 . The following error(s) was found:
Incorrect event selected. The correct event is: Response (non-motion). In
response to this notice the court may order (1) an amended or correct document
to be filed (2) the document stricken or (3) take other action as the court deems
appropriate. You need not take any action in response to this notice unless and
until the court directs you to do so. (lom) [Transferred from cacd on
6/11/2013.]
02/21/2013 57 MINUTES OF Hearing: Defendant's Motion to Transfer Venue or, in the
Alternative to Bifurcate 36 held before Judge Consuelo B. Marshall.
Defendant's Motion to Transfer Venue or, in the Alternative to Bifurcate is
submitted without further oral arguments. Court Reporter: Deborah Gackle.
(lom) [Transferred from cacd on 6/11/2013.]
02/21/2013 58 MINUTE ORDER IN CHAMBERS by Magistrate Judge David T. Bristow re:
Stipulation for Protective Order 48 . The parties proposed Stipulation and
Protective Order has been referred by the District Judge to the Magistrate
Judge for consideration. The parties are advised that the Court declines to issue
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the proposed protective order to which they have stipulated for the following
reason: 1. 4 and 5 appear to contemplate that the Court and its personnel will
be required to execute the proposed acknowledgment of the protective order.
Such a requirement is inappropriate. (mrgo) [Transferred from cacd on
6/11/2013.] (Entered: 02/25/2013)
02/26/2013 59 OF SERVICE filed by Plaintiff Ace American Insurance Company, Allianz
Global Risks US Insurance Company, Certain Underwriters at Lloyds of
London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd, served on February 26,
2013. (Casetta, Paul) [Transferred from cacd on 6/11/2013.]
03/15/2013 60 OF SERVICE filed by Plaintiff Ace American Insurance Company, Allianz
Global Risks US Insurance Company, Certain Underwriters at Lloyds of
London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, served on
Plaintiffs' Disclosure of Liability Expert Testimony. (Endelman, Alyssa)
[Transferred from cacd on 6/11/2013.]
03/21/2013 61 CERTIFICATE OF SERVICE filed by DEFENDANT United States of
America, United States' First Requests for Admissions served on 3/20/2013.
(Toomey, Zakary) [Transferred from cacd on 6/11/2013.]
04/01/2013 62 CERTIFICATE OF SERVICE filed by Defendant United States of America,
United States' Expert Disclosures served on 4/1/2013. (Toomey, Zakary)
[Transferred from cacd on 6/11/2013.]
04/02/2013 63 CERTIFICATE of service OF SERVICE filed by Plaintiffs Ace American
Insurance Company, Allianz Global Risks US Insurance Company, Certain
Underwriters at Lloyds of London, General Security Indemnity Company of
Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc,
Smithfield Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd,
of Third Request for Produciton of Documents and Second Interrogatories
served on April 2, 2013. (Endelman, Alyssa) [Transferred from cacd on
6/11/2013.]
04/08/2013 64 ORDER/REFERRAL to ADR Procedure No 1 by Judge Consuelo B. Marshall.
Case ordered to Magistrate Judge David T. Bristow for Settlement Conference.
For ADR Procedure No. 1, counsel are responsible for contacting the judge at
the appropriate time to arrange for further proceedings. (lom) [Transferred
from cacd on 6/11/2013.]
04/08/2013 65 Certificate OF SERVICE filed by Plaintiffs Ace American Insurance Company,
Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds
of London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd, of Plaintiffs' Response to
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Defendant's Requests for Admissions served on April 8, 2013. (Endelman,
Alyssa) [Transferred from cacd on 6/11/2013.]
04/17/2013 66 ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge David T.
Bristow: Settlement Conference set for 5/30/2013 09:30 AM before Magistrate
Judge David T. Bristow. (am) [Transferred from cacd on 6/11/2013.] (Entered:
04/18/2013)
04/19/2013 67 OF SERVICE filed by Plaintiffs Ace American Insurance Company, Allianz
Global Risks US Insurance Company, Certain Underwriters at Lloyds of
London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd, of Third RFP and Third
Supplemental Responses to RFP served on 4/19/2013. (Endelman, Alyssa)
[Transferred from cacd on 6/11/2013.]
04/24/2013 68 NOTICE OF MOTION AND MOTION for Summary Judgment filed by
Defendant United States of America. Motion set for hearing on 6/4/2013 at
10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1Memorandum of Points and Authorities, # 2 Statement of Uncontroverted
Facts and Conclusions of Law, # 3 Proposed Order)(Toomey, Zakary)
[Transferred from cacd on 6/11/2013.]
04/24/2013 69 EXHIBIT to MOTION for Summary Judgment 68in Support of United States'
Motion for Summary Judgment and Statement of Uncontroverted Facts filed by
Defendant United States of America. (Attachments: # 1 Exhibit 1-3, # 2
Exhibit 4-13, # 3 Exhibit 14-17, # 4 Exhibit 18-24)(Toomey, Zakary)
[Transferred from cacd on 6/11/2013.]
05/03/2013 70 REQUEST to Substitute attorney Erin M. Lahey in place of attorney Pamela J.
Gelman filed by Plaintiffs Ace American Insurance Company, Allianz Global
Risks US Insurance Company, Certain Underwriters at Lloyds of London,
General Security Indemnity Company of Arizona, Liberty Mutual Fire
Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio Marine
and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Proposed Order
For Substitution of Attorney)(Endelman, Alyssa) [Transferred from cacd on
6/11/2013.]
05/07/2013 71 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Opinion of
Raymond Esposito filed by Plaintiffs Ace American Insurance Company,
Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds
of London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd. Motion set for hearing on
6/4/2013 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1
Memorandum and Points of Authorities in Support of Plaintiffs' Motion in
Limine to E xclude the Opinion of Raymond Esposito, # 2 Appendix Index of
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Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit
5, # 8 Exhibit 6, # 9 Exhibit 7)(Endelman, Alyssa) [Transferred from cacd on
6/11/2013.]
05/07/2013 72 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Opinion of
Gerald Haynes filed by Plaintiffs Ace American Insurance Company, Allianz
Global Risks US Insurance Company, Certain Underwriters at Lloyds of
London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd. Motion set for hearing on
6/4/2013 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1
Memorandum Memorandum and Points of Authorities in Support of Plaintiffs'
Motion in Limine to Exclude the Opinion of Gerald Haynes, # 2 Appendix
Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Endelman,
Alyssa)[Transferred from cacd on 6/11/2013.]
05/10/2013 73 CERTIFICATE OF SERVICE filed by Plaintiffs Ace American Insurance
Company, Allianz Global Risks US Insurance Company, Certain Underwriters
at Lloyds of London, General Security Indemnity Company of Arizona,
Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods
Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, Supplemental
Expert Disclosure Pursuant to Rule 26(a)(2) served on 5/10/13. (Endelman,
Alyssa) [Transferred from cacd on 6/11/2013.]
05/13/2013 77 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall. On the
Court's own motion, In Limine Motion to Exclude Opinion of Raymond
Esposito 71 and In Limine Motion to Exclude Opinion of Gerald Haynes 72
are submitted without oral arguments. (lom) [Transferred from cacd on
6/11/2013.] (Entered: 05/14/2013)
05/14/2013 74 CERTIFICATE OF SERVICE filed by Plaintiffs Ace American Insurance
Company, Allianz Global Risks US Insurance Company, Certain Underwriters
at Lloyds of London, General Security Indemnity Company of Arizona,
Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods
Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, served on
Supplemental Expert Disclosure. (Endelman, Alyssa) [Transferred from cacd
on 6/11/2013.]
05/14/2013 75 NOTICE OF MOTION AND MOTION for Leave to file to Exceed Page Limit
Regarding Their Memorandum in Opposition to Defendant's Motion for
Summary Judgment filed by Plaintiffs Ace American Insurance Company,Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds
of London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd. Motion set for hearing on
6/4/2013 at 10:00 AM before Judge Consuelo B. Marshall. (Denenberg, Todd)
[Transferred from cacd on 6/11/2013.]
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05/14/2013 76 MEMORANDUM in Opposition to MOTION for Summary Judgment 68 filed
by Plaintiffs Ace American Insurance Company, Allianz Global Risks US
Insurance Company, Certain Underwriters at Lloyds of London, General
Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance
Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio Marine and
Nichido Fire Insurance Company Ltd. (Attachments: # 1 Statement of Genuine
Disputes of Fact (In Opposition to Defendant's Motion for SummaryJudgment), # 2 Evidence in Support of Plaintiffs' Memorandum in Opposition
to Motion for Summary Judgment and Plaintiffs' Statement of Genuine
Disputes of Fact, # 3 Exhibit Exhibits A-I, # 4 Exhibit Exhibits J-O, # 5
Exhibit Exhibits P-V, # 6 Exhibit Exhibits W-Z)(Denenberg, Todd)
[Transferred from cacd on 6/11/2013.]
05/14/2013 78 OPPOSITION to MOTION IN LIMINE to Exclude Opinion of Raymond
Esposito 71 filed by Defendant United States of America. (Attachments: # 1
Exhibit Esposito CV, # 2 Exhibit Loss Prevention Study, # 3 Exhibit Esposito
Deposition, # 4 Exhibit Esposito Report, # 5 Exhibit Esposito Supp. Report, #
6 Exhibit M125 Specifications, # 7 Exhibit M125 MSDS, # 8 Exhibit CometMSDS, # 9 Exhibit COMAR Declaration, # 10 Exhibit West Marine
Procedures, # 11 Exhibit Security Signals Declaration, # 12 Exhibit Lee
Deposition, # 13 Exhibit Dept. of Transp. Letter)(Toomey, Zakary)
[Transferred from cacd on 6/11/2013.]
05/14/2013 79 OPPOSITION to MOTION IN LIMINE to Exclude Opinion of Gerald Haynes
72 filed by Defendant United States of America. (Attachments: # 1 Exhibit
M125 Specifications, # 2 Exhibit M125 MSDS, # 3 Exhibit Schroeder
Deposition, # 4 Exhibit Haynes Deposition, # 5 Exhibit Haynes Report, # 6
Exhibit Firefighter Narrative, # 7 Exhibit Pehrson Deposition, # 8 Exhibit
NFPA 921, # 9 Exhibit ASTM E-108, # 10 Exhibit Public Flare MSDS, # 11Exhibit Dept. of Transp. Letter, # 12 Exhibit Lee Deposition, # 13 Exhibit
Island Pyrochem, # 14 Exhibit Stevens Deposition, # 15 Exhibit Popp
Indictment, # 16 Exhibit Photo of Roof)(Toomey, Zakary) [Transferred from
cacd on 6/11/2013.]
05/17/2013 80 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall:
MOTION for Leave to file to Exceed Page Limit Regarding Their
Memorandum in Opposition to Defendant's Motion for Summary Judgment is
denied 75 . (jl) [Transferred from cacd on 6/11/2013.]
05/20/2013 81 NOTICE OF MOTION AND MOTION for Leave to file Revised
Memorandum in Opposition to Defendant's Motion For Summary Judgment
filed by Plaintiffs Ace American Insurance Company, Allianz Global Risks US
Insurance Company, Certain Underwriters at Lloyds of London, General
Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance
Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio Marine and
Nichido Fire Insurance Company Ltd. Motion set for hearing on 6/4/2013 at
10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Exhibit 1, #
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2 Exhibit 2)(Denenberg, Todd) [Transferred from cacd on 6/11/2013.]
05/21/2013 82 REPLY In Support Motion MOTION IN LIMINE to Exclude Opinion of
Raymond Esposito 71 filed by Plaintiffs Ace American Insurance Company,
Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds
of London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd. (Endelman, Alyssa)
[Transferred from cacd on 6/11/2013.]
05/21/2013 83 REPLY In support of Motion MOTION IN LIMINE to Exclude Opinion of
Gerald Haynes 72 filed by Plaintiffs Ace American Insurance Company,
Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds
of London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Exhibit
1)(Endelman, Alyssa) [Transferred from cacd on 6/11/2013.]
05/21/2013 84 SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T.Bristow Telephone Conference set for 5/23/2013 10:00 AM before Magistrate
Judge David T. Bristow. Call in number: 1800-356-8278, Code:
200327THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS
ENTRY.(dts) TEXT ONLY ENTRY [Transferred from cacd on 6/11/2013.]
05/21/2013 85 REPLY IN SUPPORT OF MOTION for Summary Judgment 68 filed by
Defendant United States of America. (Attachments: # 1 Exhibit Deposition of
Carpenter, # 2 Exhibit DOT Letter re: 1.3G, # 3 Exhibit Deposition of Catlin, #
4 Exhibit Declaration of Enright-LaMere, # 5 Exhibit MCO 3570.1B)(Toomey,
Zakary) [Transferred from cacd on 6/11/2013.]
05/21/2013 86 REPLY MEMORANDUM IN SUPPORT OF MOTION for Summary
Judgment 68 filed by Defendant United States of America. (Toomey, Zakary)
[Transferred from cacd on 6/11/2013.]
05/22/2013 87 NOTICE OF CLARIFICATION filed by Defendant United States of America
re: Reply (Motion related), 85 , Reply (Motion related) 86 (Toomey, Zakary)
[Transferred from cacd on 6/11/2013.]
05/23/2013 92 MINUTES OF TELEPHONIC CONFERENCE RE SETTLEMENT
CONFERENCE held before Magistrate Judge David T. Bristow: The Court
ordered the parties to meet and confer and to exchange updated settlement
offers. The settlement conference will go forward as scheduled on Thursday,May 30, 2013, at 9:30am. Court Recorder: RS-4 5-23-13. (ad) [Transferred
from cacd on 6/11/2013.] (Entered: 05/28/2013)
05/24/2013 88 NOTICE OF MOTION AND MOTION to Strike Portions of MOTION for
Leave to file Revised Memorandum in Opposition to Defendant's Motion For
Summary Judgment 81 , MEMORANDUM in Opposition to Motion,,, 76 filed
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by DEFENDANT United States of America. Motion set for hearing on
6/24/2013 at 11:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1
Exhibit Memorandum, # 2 Exhibit Schroeder Affidavit, # 3 Exhibit Sch./Pehrs
1st Report, # 4 Exhibit Haynes Report, # 5 Exhibit Esposito Report, # 6 Exhibit
Esposito Supp. Report, # 7 Exhibit O'Kelly Report, # 8 Exhibit Schroeder
Deposition, # 9 Exhibit Pehrson Deposition, # 10 Exhibit Esposito Deposition,
# 11 Exhibit Haynes Deposition, # 12 Exhibit Scheduling Emails, # 13 ExhibitSchr./Pehrs 2nd Report)(Toomey, Zakary) [Transferred from cacd on
6/11/2013.]
05/28/2013 89 MINUTES (IN CHAMBERS): ORDER by Judge Consuelo B. Marshall:
granting 81 Motion for Leave to File Revised Memorandum in Opposition to
Defendant's Motion for Summary Judgment. Revised Memorandum in
Opposition shall be filed on or before May 28, 2013 at 5:00 P.M. (jl)
[Transferred from cacd on 6/11/2013.]
05/28/2013 90 MEMORANDUM in Opposition to MOTION for Summary Judgment 68
Revisedfiled by Plaintiffs Ace American Insurance Company, Allianz Global
Risks US Insurance Company, Certain Underwriters at Lloyds of London,
General Security Indemnity Company of Arizona, Liberty Mutual Fire
Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio Marine
and Nichido Fire Insurance Company Ltd. (Denenberg, Todd) [Transferred
from cacd on 6/11/2013.]
05/28/2013 91 SCHEDULING NOTICE (IN CHAMBERS) by Judge Consuelo B. Marshall
on Motion for Summary Judgment 68 previously scheduled for 6/4/2013 10:00
am has been continued to 6/27/2013 at 09:00 AM before Judge Consuelo B.
Marshall. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS
ENTRY.(ae) TEXT ONLY ENTRY [Transferred from cacd on 6/11/2013.]
05/29/2013 93 MEMORANDUM in Opposition to MOTION to Strike Portions of MOTION
for Leave to file Revised Memorandum in Opposition to Defendant's Motion
For Summary Judgment 81 , MEMORANDUM in Opposition to Motion,,, 76
88 filed by Plaintiffs Ace American Insurance Company, Allianz Global Risks
US Insurance Company, Certain Underwriters at Lloyds of London, General
Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance
Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio Marine and
Nichido Fire Insurance Company Ltd. (Attachments: # 1 Exhibit A - Rebuttal
Report of Daniel O'Kelly, # 2 Exhibit B - Supplemental Expert Report of Drs.
Schroeder and Pehrson, # 3 Exhibit C - Scheduling Order, # 4 Exhibit D -
Scheduling E-Mails, # 5 Exhibit E - Lee Declaration, # 6 Exhibit F - O'KellyE-Mails, # 7 Exhibit G - Haynes Expert Report, # 8 Exhibit H - Excerpts from
Schroeder Deposition, # 9 Exhibit I - Excerpts from Hanyes Deposition)
(Denenberg, Todd) [Transferred from cacd on 6/11/2013.]
05/30/2013 95 MINUTES OF Settlement Conference held before Magistrate Judge David T.
Bristow: The case was called for a settlement conference. Attorney Todd B.
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Denenberg appeared on behalf of plaintiffs. Assistant United States Attorney
Zakary Kendall Toomey appeared on behalf of defendant United States of
America. The Court and counsel discussed the status of the case. After
consultation with counsel it was determined that the settlement conference
would not be productive at this time, in light of defendants pending motion for
summary judgment. The Court set a telephonic conference on July 3, 2013, at
10:00 a.m. and a second settlement conference on July 11, 2013, at 9:30 a.m.before Magistrate Judge David T. Bristow. Court Reporter: RS- 4 5-23-13. (am)
[Transferred from cacd on 6/11/2013.] (Entered: 06/04/2013)
06/04/2013 94 MINUTE ORDER IN CHAMBERS: by Judge Consuelo B. Marshall.
MOTION of Defendant United States to Strike Portions of Plaintiffs' Response
to the United States Motion for Summary Judgment is continued to 6/27/2013
at 09:00 AM before Judge Consuelo B. Marshall. 88 (jl) [Transferred from
cacd on 6/11/2013.]
06/04/2013 96 ORDER by Judge Consuelo B. Marshall: granting 70 Request to Substitute
Attorney Erin M Lahey for Plaintiffs Ace American Insurance Company,
Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds
of London, General Security Indemnity Company of Arizona, Liberty Mutual
Fire Insurance Company, Patrick Cudahy Inc, Smithfield Foods Inc, Tokio
Marine and Nichido Fire Insurance Company Ltd, as attorney of record instead
of Attorney Pamela Judith Gelman. (lom) [Transferred from cacd on
6/11/2013.] (Entered: 06/05/2013)
06/07/2013 97 ORDER GRANTING MOTION TO TRANSFER VENUE TO THE
EASTERN DISTRICT OF WISCONSIN 36 by Judge Consuelo B. Marshall.
For the reasons stated above, the Court GRANTS Defendant's Motion to
Transfer Venue and DENIES WITHOUT PREJUDICE Defendant's Motion to
Bifurcate Proceedings. The Court Hereby ORDERS the Case be transferred to
the Eastern District of Wisconsin at Milwaukee. MD JS-6. Case Terminated.
(Attachments: # 1 Transmittal Letter) (lom) [Transferred from cacd on
6/11/2013.] (Entered: 06/10/2013)
06/11/2013 98 Case transferred in from District of California Central; Case Number 2:12-cv-
02254. Original file certified copy of transfer order and docket sheet received.
06/11/2013 NOTICE Regarding assignment of this matter to Magistrate Judge Aaron E.
Goodstein; Consent/refusal forms for Magistrate Goodstein to be filed within
21 days; the consent/refusal form is available on our web site. Pursuant to Civil
Local Rule 7.1 a disclosure statement is to be filed upon the first filing of anypaper and should be filed now if not already filed. (lls)
06/11/2013 99 LETTER from clerk to Atty. Lahey re: transfer of this case to our district and
asking for consent/refusal form and disclosure statement to be filed. (lls)
06/12/2013 100 Refusal to Jurisdiction by US Magistrate Judge by United States of America.
(Toomey, Zakary)
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06/12/2013 101 REPLY filed by United States of America re 88United States' Motion to Strike.
(Attachments: # 1 Exhibit US Supp. Discl. Ltr, # 2 Exhibit M125 MSDS, # 3
Exhibit Esposito Dep.)(Toomey, Zakary)
06/13/2013 102 Consent to Jurisdiction by US Magistrate Judge by All Plaintiffs. (Endelman,
Alyssa)
06/13/2013 Due to the non-consent of the parties, this case has been randomly reassignedto Judge J P Stadtmueller. Magistrate Judge Aaron E Goodstein no longer
assigned to the case. (vkb)
Eastern District of Wisconsin - Live https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?1139376558