Advance Cable Company, LLC et al v. The Cincinnati Insurance Company
Filing
185
Transmission of Notice of Appeal, Appeal Information Sheet, Docketing Statement, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 181 Notice of Appeal, (Attachments: # 1 Appeal Information Sheet, # 2 Docketing Statement, # 3 Order, # 4 Judgment, # 5 Docket Sheet) (lak)
<![CDATA[
ECF Western District of Wisconsin
1 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
APPEAL, BILL_OF_COSTS, CLOSED, DIVERSITY, MAM,
U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:13-cv-00229-wmc
Advance Cable Company, LLC et al v. The Cincinnati Insurance
Company
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 28:1332 Diversity-Breach of Contract
Date Filed: 04/02/2013
Date Terminated: 07/15/2014
Jury Demand: Plaintiff
Nature of Suit: 110 Insurance
Jurisdiction: Diversity
Plaintiff
Advance Cable Company, LLC
represented by Anthony K. Murdock
Halloin & Murdock, S.C.
839 North Jefferson Street
Suite 503
Milwaukee, WI 53202
414-732-2424
Fax: 414-732-2422
Email: amurdock@halloinmurdock.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Charles David Schmidt
Halloin & Murdock, S.C.
839 North Jefferson Street
Suite 503
Milwaukee, WI 53202
262-798-8220
Fax: 262-798-8232
Email: cschmidt@halloinmurdock.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Pinehurst Commercial Investments,
LLC
represented by Anthony K. Murdock
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Charles David Schmidt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
07/23/2014 10:34 AM
ECF Western District of Wisconsin
2 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
The Cincinnati Insurance Company
represented by Mark W. Rattan
Litchfield Cavo LLP
13400 Bishops Lane, Suite 290
Brookfield, WI 53005-6237
262-784-8966
Fax: 262-784-8812
Email: rattan@litchfieldcavo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Brendan Daniel Corcoran
Litchfield Cavo LLP
Suite 290
13400 Bishop's Lane
Brookfield, WI 53005
262-784-8984
Fax: 262-784-8812
Email: corcoran@litchfieldcavo.com
ATTORNEY TO BE NOTICED
Stephanie L. Dykeman
Litchfield Cavo LLP
Suite 290
13400 Bishop's Lane
Brookfield, WI 53005
262-784-8931
Fax: 262-784-8812
Email: dykeman@litchfieldcavo.com
ATTORNEY TO BE NOTICED
Date Filed
#
Docket Text
04/02/2013
1 COMPLAINT against The Cincinnati Insurance Company. ( Filing fee $ 350
receipt number 0758-1153890.), filed by All Plaintiffs. (Attachments:
# 1 JS-44 Civil Cover Sheet,
# 2 Summons) (Murdock, Anthony) (Entered: 04/02/2013)
04/02/2013
2 Disregard. See docket entry 6 . Requested attorney refile signed document on
4/4/2013 (jaf). Modified on 4/4/2013 (jaf). (Entered: 04/02/2013)
04/02/2013
3 Disregard. See docket entry 5 . Requested attorney refile signed document on
4/4/2013 (jaf). Modified on 4/4/2013 (jaf). (Entered: 04/02/2013)
04/03/2013
Case non-randomly assigned to District Judge William M. Conley and Magistrate
Judge Stephen L. Crocker. (rep) (Entered: 04/03/2013)
04/03/2013
Standard attachments for Judge William M. Conley required to be served on all
parties with summons or waiver of service: NORTC, Briefing Guidelines,
Corporate Disclosure Statement. (rep) (Entered: 04/03/2013)
04/03/2013
4 Summons Issued as to The Cincinnati Insurance Company. (rep) (Entered:
04/03/2013)
07/23/2014 10:34 AM
ECF Western District of Wisconsin
3 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
04/04/2013
5 Corporate Disclosure Statement by Plaintiff Advance Cable Company, LLC
(Murdock, Anthony) (Entered: 04/04/2013)
04/04/2013
6 Corporate Disclosure Statement by Plaintiff Pinehurst Commercial Investments,
LLC (Murdock, Anthony) (Entered: 04/04/2013)
04/08/2013
7 Summons Returned Executed. The Cincinnati Insurance Company served on
4/4/2013, answer due 4/25/2013. (Murdock, Anthony) (Entered: 04/08/2013)
04/24/2013
8 Motion for Extension of Time to File Answer by Defendant The Cincinnati
Insurance Company. Motions referred to Magistrate Judge Stephen L. Crocker.
(Attachments:
# 1 Exhibit Stipulation to Extend,
# 2 Exhibit Proposed Order) (Rattan, Mark) (Entered: 04/24/2013)
04/24/2013
9 Corporate Disclosure Statement by Defendant The Cincinnati Insurance
Company (Rattan, Mark) (Entered: 04/24/2013)
04/25/2013
10 ** TEXT ONLY ORDER **
ORDER granting 8 Motion for Extension of Time to Answer. The Cincinnati
Insurance Company answer due 5/9/2013. Signed by Magistrate Judge Stephen
L. Crocker on 4/25/2013. (lak) (Entered: 04/25/2013)
05/03/2013
11 Notice of Appearance filed by Brendan Daniel Corcoran for Defendant The
Cincinnati Insurance Company (Corcoran, Brendan) (Entered: 05/03/2013)
05/06/2013
12 ORDER Regarding Jurisdiction. Proof of Diversity Citizenship due 5/20/2013.
Signed by District Judge William M. Conley on 5/6/13. (rep) (Entered:
05/06/2013)
05/06/2013
13 AMENDED COMPLAINT against The Cincinnati Insurance Company, filed by
All Plaintiffs. (Murdock, Anthony) (Entered: 05/06/2013)
05/09/2013
14 Disregard. See docket entry 15 . Stipulation for date to answer amended
complaint by Defendant The Cincinnati Insurance Company. (Attachments:
# 1 Exhibit Proposed Order) (Rattan, Mark) Attorney filed corrected version on
5/9/2013 (jaf). (Entered: 05/09/2013)
05/09/2013
15 Stipulation for date to answer amended complaint by Defendant The Cincinnati
Insurance Company. (Attachments:
# 1 Exhibit Proposed Order) (Rattan, Mark) Modified on 5/10/2013 (jaf).
(Entered: 05/09/2013)
05/10/2013
16 ** TEXT ONLY ORDER **
ORDER granting 15 Stipulation for Extension of Time to Answer 13 Amended
Complaint. The Cincinnati Insurance Company answer due 5/20/2013. Signed by
Magistrate Judge Stephen L. Crocker on 5/10/13. (rep) (Entered: 05/10/2013)
05/10/2013
17 ORDER Regarding Jurisdiction. Proof of Diversity Citizenship due 5/17/2013.
Signed by District Judge William M. Conley on 5/10/13. (rep) (Entered:
05/10/2013)
05/10/2013
18 AMENDED COMPLAINT (SECOND) against All Defendants, filed by All
Plaintiffs. (Murdock, Anthony) (Entered: 05/10/2013)
07/23/2014 10:34 AM
ECF Western District of Wisconsin
4 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
05/14/2013
19 Stipulated Motion for Extension of Time to Answer Second Amended Complaint
by Defendant The Cincinnati Insurance Company. (Attachments:
# 1 Exhibit Proposed Order) (Rattan, Mark) Modified on 5/15/2013 (jaf).
(Entered: 05/14/2013)
05/15/2013
20 ** TEXT ONLY ORDER **
ORDER granting 19 Motion for Extension of Time to Answer. The Cincinnati
Insurance Company answer due 5/24/2013. Signed by Magistrate Judge Stephen
L. Crocker on 5/15/13. (rep) (Entered: 05/15/2013)
05/24/2013
21 ANSWER to Amended Complaint (Second) by Defendant The Cincinnati
Insurance Company. (Rattan, Mark) (Entered: 05/24/2013)
05/24/2013
22 Motion to Bifurcate Breach of Contract from Bad Faith Claims and Stay Bad
Faith Claims by Defendant The Cincinnati Insurance Company. Response due
5/31/2013. (Rattan, Mark) (Entered: 05/24/2013)
05/24/2013
23 Brief in Support of 22 Motion to Bifurcate Breach of Contract from Bad Faith
Claims and Stay Bad Faith Claims by Defendant The Cincinnati Insurance
Company (Rattan, Mark) (Entered: 05/24/2013)
05/24/2013
24 Declaration of Mark W. Rattan filed by Defendant The Cincinnati Insurance
Company in Support of Motion to Bifurcate re: 22 Motion to Bifurcate
(Attachments:
# 1 Exhibit A - 2/23/12 Structural Research Report,
# 2 Exhibit B - 4/9/12 E-Mail,
# 3 Exhibit C - Policy Excerpts) (Rattan, Mark) Modified on 5/28/2013 (jaf).
(Entered: 05/24/2013)
05/24/2013
25 Certificate of Service by Defendant The Cincinnati Insurance Company (Rattan,
Mark) (Entered: 05/24/2013)
05/31/2013
26 Brief in Opposition by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC re: 22 Motion to Bifurcate filed by The
Cincinnati Insurance Company (Murdock, Anthony) (Entered: 05/31/2013)
05/31/2013
27 Affidavit of Anthony K. Murdock filed by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC re: 22 Motion to Bifurcate
(Attachments:
# 1 Exhibit A - Insurance Policy Excerpts,
# 2 Exhibit B - Article re: Cosmetic Damage Exclusion,
# 3 Exhibit C - Article re: Hail Cosmetic Damage,
# 4 Exhibit D - 3/31/13 Form 10-Q Report,
# 5 Exhibit E - 3/31/13 WI Office of Commissioner of Insurance Filing,
# 6 Exhibit F - 7/2/12 E-mail from Judge Sadtmueller's Clerk) (Murdock,
Anthony) Modified on 6/3/2013 (jaf). (Entered: 05/31/2013)
06/03/2013
28 Motion for Leave to File Repy Brief In Support Of Motion To Bifurcate by
Defendant The Cincinnati Insurance Company. (Attachments:
# 1 Exhibit Stipulation On Date For Defendant To File Reply Brief In Support Of
Bifurcation) (Rattan, Mark) (Entered: 06/03/2013)
06/06/2013
29 ** TEXT ONLY ORDER **
ORDER granting 28 Motion for Leave to File. Reply brief due 6/10/13. Signed
07/23/2014 10:34 AM
ECF Western District of Wisconsin
5 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
by District Judge William M. Conley on 6/6/13. (rep) (Entered: 06/06/2013)
06/06/2013
Set Briefing Deadlines as to 22 Motion to Bifurcate Breach of Contract from
Bad Faith Claims and Stay Bad Faith Claims. Brief in Reply due 6/10/2013.
(rep) (Entered: 06/06/2013)
06/10/2013
30 Brief in Reply by Defendant The Cincinnati Insurance Company in Support of 22
Motion to Bifurcate (Rattan, Mark) (Entered: 06/10/2013)
06/19/2013
Set Telephone Pretrial Conference: Telephone Pretrial Conference set for
7/10/2013 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for
Plaintiff responsible for setting up the call to chambers at (608) 264-5153.
[Standing Order Governing Preliminary Pretrial Conference attached] (rep)
(Entered: 06/19/2013)
07/03/2013
31 Notice by Plaintiffs Advance Cable Company, LLC, Pinehurst Commercial
Investments, LLC re Confirmation of Pretrial Conference Telephone Numbers .
(Schmidt, Charles) Modified on 7/5/2013 (jaf). (Entered: 07/03/2013)
07/08/2013
32 Joint Report of Rule 26(f) Planning Meeting (Schmidt, Charles) (Entered:
07/08/2013)
07/09/2013
33 Motion to Stay by Defendant The Cincinnati Insurance Company. Response due
7/16/2013. (Rattan, Mark) (Entered: 07/09/2013)
07/09/2013
34 Declaration of Mark W. Rattan filed by Defendant The Cincinnati Insurance
Company re: 33 Motion to Stay (Attachments:
# 1 Exhibit A - 7/3/12 Phillips Report) (Rattan, Mark) Modified on 7/10/2013
(jaf). (Entered: 07/09/2013)
07/16/2013
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference held on 7/10/2013 [:15] (cak)
(Entered: 07/16/2013)
07/16/2013
35 Brief in Opposition by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC re: 33 Motion to Stay filed by The Cincinnati
Insurance Company (Schmidt, Charles) (Entered: 07/16/2013)
07/18/2013
36 Pretrial Conference Order - Dispositive Motions due 1/17/2014. Settlement
Letters due 6/13/2014. Motions in Limine due 6/20/2014. Response to Motion
due 7/7/2014. Final Pretrial Conference set for 7/15/2014 at 04:00 AM. Jury
Selection and Trial set for 7/21/2014 at 09:00 AM. Signed by Magistrate Judge
Stephen L. Crocker on 7/17/13. (rep) (Entered: 07/18/2013)
07/23/2013
37 Request for Clarification by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC re 36 Pretrial Conference Order, (Letter to
Honorable Stephen L. Crocker. (Schmidt, Charles) Modified on 7/24/2013 (rep).
(Entered: 07/23/2013)
07/26/2013
38 ORDER reserving ruling on The Cincinnati Insurance Company's motion for an
order bifurcating plaintiff's breach of contract and bad faith claims; denying 22
defendant's motion for an order staying proceedings on plaintiff's bad faith claim.
Signed by District Judge William M. Conley on 7/26/2013. (arw) (Entered:
07/26/2013)
07/23/2014 10:34 AM
ECF Western District of Wisconsin
6 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
07/26/2013
39 ORDER denying 33 Motion to Stay by Defendant The Cincinnati Insurance
Company. Signed by District Judge William M. Conley on 7/26/2013. (arw)
(Entered: 07/26/2013)
07/31/2013
40 MOTION FOR PARTIAL SUMMARY JUDGMENT by Plaintiffs Advance
Cable Company, LLC, Pinehurst Commercial Investments, LLC. Brief in
Opposition due 8/21/2013. Brief in Reply due 9/3/2013. (Schmidt, Charles)
Modified on 8/1/2013 (rep). (Entered: 07/31/2013)
07/31/2013
41 Brief in Support of 40 Motion for Summary Judgment by Plaintiffs Advance
Cable Company, LLC, Pinehurst Commercial Investments, LLC (Schmidt,
Charles) (Entered: 07/31/2013)
07/31/2013
42 Affidavit of Michael G. Larson filed by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC re: 40 Motion for Summary
Judgment (Attachments:
# 1 Exhibit 1 - Certified Copy of Insurance Policy) (Schmidt, Charles) (Entered:
07/31/2013)
07/31/2013
43 Proposed Findings of Fact filed by Plaintiffs Advance Cable Company, LLC,
Pinehurst Commercial Investments, LLC re: 40 Motion for Summary Judgment
(Schmidt, Charles) (Entered: 07/31/2013)
08/12/2013
44 ** TEXT ONLY ORDER **
In a letter to the court, plaintiffs have pointed out a scheduling paradox created
by the directions in "Procedures Governing Final Pretrial Submissions and
Conference for Jury Trial," which is attached to the preliminary pretrial
conference (dkt. 36 ). The confusion arises because the attached "Procedures"
order, which is a standing order, invariably cites to and keys off of "Paragraph 7"
of the preliminary pretrial conference order, which in many cases-- but not every
case and not this case--is the paragraph that sets the date on which discovery
ends. In this case, Paragraph 5 sets the discovery cutoff and Paragraph 6 sets
submission deadlines that comport with F.R. Civ. Pro. 26(a)(3)(B). To resolve the
paradox (on Erwin Schrodinger's birthday, no less), the parties should follow the
dates set in Paragraph 6 of the pretrial conference order, but follow the
procedures set forth in the attached "Procedures" order. Signed by Magistrate
Judge Stephen L. Crocker on 8/12/2013. (lak) (Entered: 08/12/2013)
08/21/2013
45 Notice of Appearance filed by Stephanie L. Dykeman for Defendant The
Cincinnati Insurance Company (Dykeman, Stephanie) (Entered: 08/21/2013)
08/21/2013
46 Motion for Extension of Time Under Rule 56(d) To Respond to Summary
Judgment by Defendant The Cincinnati Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. Response due 8/28/2013. (Rattan, Mark)
(Entered: 08/21/2013)
08/21/2013
47 Brief in Support of 46 MOTION for Extension of Time Under Rule 56(d) to
Respond to Summary Judgment by Defendant The Cincinnati Insurance
Company (Rattan, Mark) (Entered: 08/21/2013)
08/21/2013
48 Declaration of Mark W. Rattan filed by Defendant The Cincinnati Insurance
Company In Support of Rule 56(d) Motion re: 46 MOTION for Extension of
Time (Attachments:
# 1 Exhibit A - Request for Document Production) (Rattan, Mark) Modified on
07/23/2014 10:34 AM
ECF Western District of Wisconsin
7 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
8/22/2013 (jaf). (Entered: 08/21/2013)
08/21/2013
49 MOTION FOR SUMMARY JUDGMENT by Defendant The Cincinnati
Insurance Company. Brief in Opposition due 9/11/2013. Brief in Reply due
9/23/2013. (Rattan, Mark) (Entered: 08/21/2013)
08/21/2013
50 Brief in Support of 49 Motion for Summary Judgment by Cincinnati and in
Opposition to Plaintiffs' Summary Judgment Motion by Defendant The
Cincinnati Insurance Company (Rattan, Mark) (Entered: 08/21/2013)
08/21/2013
51 Proposed Findings of Fact filed by Defendant The Cincinnati Insurance
Company re: 49 Motion for Summary Judgment (Rattan, Mark) (Entered:
08/21/2013)
08/21/2013
52 Affidavit of Curt Jorgenson filed by Defendant The Cincinnati Insurance
Company re: 49 Motion for Summary Judgment (Attachments:
# 1 Exhibit A - 4/7/11 Acord Form,
# 2 Exhibit B - 6/7/11 Estimate,
# 3 Exhibit C - 7/18/11 Letter,
# 4 Exhibit E - 4/9/12 Transmittal of SRI Report,
# 5 Exhibit F - 7/30/12 Letter,
# 6 Exhibit G - 9/25/12 Letter,
# 7 Exhibit H - 9/28/12 transmittal,
# 8 Exhibit I - 10/4/12 Letter,
# 9 Exhibit J - 1/16/13 Letter,
# 10 Exhibit K - Proof of Loss) (Rattan, Mark) Modified on 8/22/2013 (jaf).
(Entered: 08/21/2013)
08/21/2013
53 Exhibit to 52 Affidavit,, filed by The Cincinnati Insurance Company Exhibit D 2/23/12 SRI Report (Rattan, Mark) Modified on 8/22/2013 (jaf). (Entered:
08/21/2013)
08/21/2013
54 Exhibit to 52 Affidavit,, filed by The Cincinnati Insurance Company Exhibit L Policy Dec Pages (Rattan, Mark) Modified on 8/22/2013 (jaf). (Entered:
08/21/2013)
08/21/2013
55 Response to Proposed Findings of Fact filed by Defendant The Cincinnati
Insurance Company re: 40 Motion for Partial Summary Judgment, (Rattan,
Mark) (Entered: 08/21/2013)
08/28/2013
56 Brief in Opposition by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC re: 46 MOTION for Extension of Time filed by
The Cincinnati Insurance Company (Schmidt, Charles) (Entered: 08/28/2013)
08/28/2013
57 Affidavit of Michael G. Larson filed by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC re: 46 MOTION for Extension of
Time (Attachments:
# 1 Exhibit Exhibit 1 - Roof Provision Addendum) (Schmidt, Charles) (Entered:
08/28/2013)
09/03/2013
58 Motion for Leave to File Reply Brief in Support of Rule 56(d) Motion by
Defendant The Cincinnati Insurance Company. (Rattan, Mark) (Entered:
09/03/2013)
07/23/2014 10:34 AM
ECF Western District of Wisconsin
8 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
09/03/2013
59 Stipulation to Amend Briefing Schedule by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC. (Attachments:
# 1 Proposed Order Amending Briefing Schedule) (Schmidt, Charles) (Entered:
09/03/2013)
09/05/2013
60 ** TEXT ONLY ORDER **
ORDER granting 59 Stipulation to Amend Briefing Schedule . Brief in Reply due
9/5/2013. Signed by District Judge William M. Conley on 9/5/13. (rep) (Entered:
09/05/2013)
09/05/2013
61 ** TEXT ONLY ORDER **
Defendant's motion for leave to file a reply brief in support of Rule 56(d) motion
(dkt. # 58 )is granted; plaintiff may also file a sur-reply of no more than five
pages by September 23, 2013, which is the same day that defendant's brief in
reply on its cross-motion for summary judgment (dkt. # 49 ) is due. No additional
briefing or extensions of time will be granted to either side on the parties' various
Rule 56 motions. Signed by District Judge William M. Conley on 9/5/13. (rep)
(Entered: 09/05/2013)
09/05/2013
62 Brief in Reply by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC in Support of 40 Motion for Partial Summary
Judgment, (Schmidt, Charles) (Entered: 09/05/2013)
09/05/2013
63 Brief in Reply by Defendant The Cincinnati Insurance Company in Support of 46
MOTION for Extension of Time (Rattan, Mark) (Entered: 09/05/2013)
09/11/2013
64 Brief in Opposition by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC re: 49 Motion for Summary Judgment filed by
The Cincinnati Insurance Company (Murdock, Anthony) (Entered: 09/11/2013)
09/11/2013
65 Response to Proposed Findings of Fact filed by Plaintiffs Advance Cable
Company, LLC, Pinehurst Commercial Investments, LLC re: 49 Motion for
Summary Judgment (Murdock, Anthony) (Entered: 09/11/2013)
09/11/2013
66 Affidavit of Michael G. Larson filed by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC re: 49 Motion for Summary
Judgment (Attachments:
# 1 Exhibit A - Email Chain Regarding Roof Inspection) (Murdock, Anthony)
(Entered: 09/11/2013)
09/11/2013
67 Affidavit of Scott A. Martin filed by Plaintiffs Advance Cable Company, LLC,
Pinehurst Commercial Investments, LLC re: 49 Motion for Summary Judgment
(Murdock, Anthony) (Entered: 09/11/2013)
09/23/2013
68 Brief in Reply by Defendant The Cincinnati Insurance Company in Support of 49
Motion for Summary Judgment (Rattan, Mark) (Entered: 09/23/2013)
09/23/2013
69 Affidavit of Curt Jorgenson filed by Defendant The Cincinnati Insurance
Company re: 49 Motion for Summary Judgment (Rattan, Mark) (Entered:
09/23/2013)
09/23/2013
70 Disregard. See docket entry 76 . Requested attorney file with exhibits attached
separately on 9/24/2013 (jaf). Modified on 9/25/2013 (jaf). (Entered:
09/23/2013)
07/23/2014 10:34 AM
ECF Western District of Wisconsin
9 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
09/23/2013
71 Proposed Findings of Fact filed by Defendant The Cincinnati Insurance
Company re: 49 Motion for Summary Judgment Additional Proposed Findings
of Fact (Rattan, Mark) (Entered: 09/23/2013)
09/23/2013
72 Reply in Support of Proposed Findings of Fact filed by Defendant The Cincinnati
Insurance Company re: 49 Motion for Summary Judgment (Rattan, Mark)
(Entered: 09/23/2013)
09/23/2013
73 Response to Proposed Findings of Fact filed by Defendant The Cincinnati
Insurance Company re: 49 Motion for Summary Judgment (Rattan, Mark)
(Entered: 09/23/2013)
09/23/2013
74 Brief in Sur-Reply by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC re: 46 MOTION for Extension of Time filed by
The Cincinnati Insurance Company (Schmidt, Charles) (Entered: 09/23/2013)
09/23/2013
75 Affidavit of Kurtis D. Welton filed by Plaintiffs Advance Cable Company, LLC,
Pinehurst Commercial Investments, LLC re: 46 MOTION for Extension of Time
(Attachments:
# 1 Exhibit Roof Provision Addendum) (Schmidt, Charles) (Entered:
09/23/2013)
09/24/2013
76 Affidavit of Gregory J. Phillips filed by Defendant The Cincinnati Insurance
Company in support of re: 49 Motion for Summary Judgment (Attachments:
# 1 Exhibit A - 2-23-12 Report) (Rattan, Mark) Modified on 9/25/2013 (jaf).
(Entered: 09/24/2013)
09/30/2013
77 Stipulated Motion for Extension of Time To Extend Expert Disclosure Deadlines
by Defendant The Cincinnati Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Exhibit Proposed Order Extening Expert Disclosure Deadlines) (Rattan,
Mark) (Entered: 09/30/2013)
10/02/2013
78 ** TEXT ONLY ORDER **
The parties' stipulation to extend deadlines for expert witness disclosure (dkt. 77
) is accepted and entered with the understanding that the remaining dates in the
schedule remain in place. Signed by Magistrate Judge Stephen L. Crocker on
10/2/13. (rep) (Entered: 10/02/2013)
10/08/2013
79 Motion to Strike the Affidavits of Curt Jorgenson (DN 69) Gregory Phillips (DN
70); and Cincinnati's Additional Proposed Findings of Fact (DN 71) by
Plaintiffs Advance Cable Company, LLC, Pinehurst Commercial Investments,
LLC. Response due 10/15/2013. (Murdock, Anthony) (Entered: 10/08/2013)
10/08/2013
80 Brief in Support of 79 Motion to Strike, by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC (Murdock, Anthony) (Entered:
10/08/2013)
10/15/2013
81 Brief in Opposition by Defendant The Cincinnati Insurance Company re: 79
Motion to Strike, filed by Advance Cable Company, LLC, Pinehurst Commercial
Investments, LLC (Rattan, Mark) (Entered: 10/15/2013)
12/09/2013
82 Motion to Compel Discovery by Plaintiffs Advance Cable Company, LLC,
Pinehurst Commercial Investments, LLC. Motions referred to Magistrate Judge
Stephen L. Crocker. Response due 12/16/2013. (Murdock, Anthony) (Entered:
07/23/2014 10:34 AM
ECF Western District of Wisconsin
10 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
12/09/2013)
12/09/2013
83 Brief in Support of 82 Motion to Compel Discovery by Plaintiffs Advance Cable
Company, LLC, Pinehurst Commercial Investments, LLC (Murdock, Anthony)
(Entered: 12/09/2013)
12/09/2013
84 Affidavit of Anthony K. Murdock filed by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC re: 82 Motion to Compel
(Attachments:
# 1 Exhibit A - Plaintiffs' First Set of Requests for Production,
# 2 Exhibit B - Plaintiffs' First Set of Interrogatory Requests,
# 3 Exhibit C - Cincinnati's Response to Plaintiffs' First Set of Requests for
Production,
# 4 Exhibit D - Cincinnati's Response to Plaintiffs' First Set of Interrogatory
Requests,
# 5 Exhibit E - Verisk Hail Damage Score,
# 6 Exhibit F - Cincinnati's June 30, 2013 Quarterly Report,
# 7 Exhibit G - Redacted Claims File,
# 8 Exhibit H - December 29, 2008 Decision and Order,
# 9 Exhibit I - Attorney Schmidt's october 31, 2013 letter,
# 10 Exhibit J - Attorney Rattan's November 5, 2013 letter,
# 11 Exhibit K - May 2, 2012 letter from Curt Jorgenson to Mike Larson,
# 12 Exhibit L - Cited portion of Cincinnati's 2011 annual report,
# 13 Exhibit M - Peter Kochenburger's December 2, 2013 expert report)
(Murdock, Anthony) (Entered: 12/09/2013)
12/10/2013
Set Deadlines as to 82 Motion to Compel Discovery. Telephone Motion Hearing
set for 12/18/2013 at 10:00 AM before Magistrate Judge Stephen L. Crocker.
Counsel for Plaintiff responsible for setting up the call to chambers at (608)
264-5153. (rep) (Entered: 12/10/2013)
12/10/2013
85 Motion for Extension of Time To File Brief In Opposition To Plaintiffs' Motion
To Compel by Defendant The Cincinnati Insurance Company. Motions referred
to Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Exhibit A: Stipulation For Extension Of Time) (Rattan, Mark) (Entered:
12/10/2013)
12/11/2013
86 ** TEXT ONLY ORDER **
ORDER granting 85 Motion for Extension of Time. Brief in Opposition due
12/23/2013. Telephone Motion Hearing reset for 1/2/2014 at 10:00 AM. Signed
by Magistrate Judge Stephen L. Crocker on 12/11/13. (rep) (Entered:
12/11/2013)
12/19/2013
87 *** Disregard** Wrong date. Notice by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC of Confirmation of Motion to
Compel Discovery Conference Telephone Numbers. (Murdock, Anthony)
Modified on 12/19/2013 (voc). (Entered: 12/19/2013)
12/19/2013
88 Notice by Plaintiffs Advance Cable Company, LLC, Pinehurst Commercial
Investments, LLC of Confirmation of Motion to Compel Discovery Conference
Telephone Numbers. (Murdock, Anthony) (Entered: 12/19/2013)
07/23/2014 10:34 AM
ECF Western District of Wisconsin
11 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
12/23/2013
89 Brief in Opposition by Defendant The Cincinnati Insurance Company re: 82
Motion to Compel filed by Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC (Rattan, Mark) (Entered: 12/23/2013)
12/23/2013
90 Affidavit of Bruce Graham filed by Defendant The Cincinnati Insurance
Company in Opposition to re: 82 Motion to Compel (Attachments:
# 1 Exhibit A - The First SRI Report,
# 2 Exhibit B - January 2012 Emails) (Rattan, Mark) Modified on 12/26/2013
(jaf). (Entered: 12/23/2013)
12/23/2013
91 Declaration of Mark W. Rattan filed by Defendant The Cincinnati Insurance
Company in Opposition to re: 82 Motion to Compel (Rattan, Mark) (Entered:
12/23/2013)
12/23/2013
92 Exhibit re: 89 Brief in Opposition by Defendant The Cincinnati Insurance
Company Table of Cases in Opposition to Plaintiffs' Motion to Compel
(Attachments:
# 1 Exhibit 1: Clark v. Liberty,
# 2 Exhibit 2: E.I. DuPont v. Admiral,
# 3 Exhibit 3: Employers v. Duplan,
# 4 Exhibit 4: Fisev v. Westchester,
# 5 Exhibit 5: Lappin v. Gwartney,
# 6 Exhibit 6: Missouri v. Aetna,
# 7 Exhibit 7: N. Am Philips v. Aetna,
# 8 Exhibit 8: Nationwide v. Meller,
# 9 Exhibit 9: New Hampshire v. Luurtsema,
# 10 Exhibit 10: Oklahoma v. Continental,
# 11 Exhibit 11: Ports v. Lexington,
# 12 Exhibit 12: Rooney v. Chicago,
# 13 Exhibit 13: Steinkerchner v. Provident) (Rattan, Mark) Modified on
12/26/2013 (jaf). (Entered: 12/23/2013)
01/02/2014
Minute Entry for proceedings held before District Judge William M. Conley:
Telephonic Motion Hearing held on 1/2/2014 re 82 Motion to Compel Discovery
filed by Advance Cable Company, LLC, Pinehurst Commercial Investments,
LLC [:30] (Court Reporter CS.) (mfh) (Entered: 01/02/2014)
01/02/2014
93 ORDER granting in part and denying in part 82 Motion to Compel. Signed by
District Judge William M. Conley on 1/2/14. (rep) (Entered: 01/02/2014)
01/09/2014
94 Transcript of Telephone Motion Hearing, held 1/2/14 before Judge William M.
Conley. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (rep)
(Entered: 01/09/2014)
01/23/2014
95 Motion for Discovery Regarding Bad Faith by Plaintiffs Advance Cable
Company, LLC, Pinehurst Commercial Investments, LLC. Motions referred to
Magistrate Judge Stephen L. Crocker. Response due 1/30/2014. (Murdock,
Anthony) (Entered: 01/23/2014)
01/23/2014
96 Brief in Support of 95 Motion for Discovery Regarding Bad Faith by Plaintiffs
Advance Cable Company, LLC, Pinehurst Commercial Investments, LLC
(Murdock, Anthony) (Entered: 01/23/2014)
07/23/2014 10:34 AM
ECF Western District of Wisconsin
12 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
01/23/2014
97 Affidavit of Anthony K. Murdock filed by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC re: 95 Motion for Discovery
(Attachments:
# 1 Exhibit A - Larson Transcript Excerpts - See also 98 ,
# 2 Exhibit B - Entire Claim Report) (Murdock, Anthony) Requested attorney
refile complete condensed transcript on 1/24/2014 (jaf). Modified on 1/27/2014
(jaf). (Entered: 01/23/2014)
01/24/2014
98 Deposition of Michael Larson taken on January 9, 2014 (Murdock, Anthony)
(Entered: 01/24/2014)
01/27/2014
99 Motion for Extension of Time To Submit Brief In Opposition to Motion For Bad
Faith Discovery by Defendant The Cincinnati Insurance Company. Motions
referred to Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Exhibit A - 1/24/14 Email) (Rattan, Mark) Modified on 1/28/2014 (jaf).
(Entered: 01/27/2014)
01/28/2014
100 ** TEXT ONLY ORDER **
ORDER granting 99 Motion for Extension of Time. Brief in Opposition due
2/20/2014. Brief in Reply due 2/27/2014. Signed by District Judge William M.
Conley on 1/28/14. (rep) (Entered: 01/28/2014)
02/20/2014
101 Brief in Opposition by Defendant The Cincinnati Insurance Company re: 95
Motion for Discovery filed by Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC (Rattan, Mark) (Entered: 02/20/2014)
02/20/2014
102 Affidavit of Curt Jorgenson filed by Defendant The Cincinnati Insurance
Company In Opposition To Plaintiffs' Motion To Permit Bad Faith Discovery
re: 95 Motion for Discovery (Rattan, Mark) (Entered: 02/20/2014)
02/20/2014
103 Declaration of Mark W. Rattan filed by Defendant The Cincinnati Insurance
Company In Opposition To Plaintiffs' Motion To Permit Bad Faith Discovery
re: 95 Motion for Discovery (Attachments:
# 1 Exhibit A - Email string; Exhibit 16 from Larson Deposition ,
# 2 Exhibit B - Email string - Exhibit 14-15 and 17-23 from Larson Deposition)
(Rattan, Mark) Modified on 2/21/2014 (jaf). (Entered: 02/20/2014)
02/27/2014
104 MOTION TO DISMISS Under Rule 17 On The Basis That Plaintiffs Are Not
The Real Parties In Interest by Defendant The Cincinnati Insurance Company.
Brief in Opposition due 3/20/2014. Brief in Reply due 3/31/2014. (Rattan, Mark)
(Entered: 02/27/2014)
02/27/2014
105 Brief in Support of 104 Motion to Dismiss Under Rule 17 On The Basis That
Plaintiffs Are Not The Real Parties In Interest by Defendant The Cincinnati
Insurance Company (Rattan, Mark) (Entered: 02/27/2014)
02/27/2014
106 Brief in Reply by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC in Support of 95 Motion for Discovery Regarding
Bad Faith (Murdock, Anthony) (Entered: 02/27/2014)
02/27/2014
107 Disregard. See docket entry 108 . Requested attorney refile with exhibits as
individual attachments on 2/28/2014 (jaf). Modified on 3/3/2014 (jaf). (Entered:
02/27/2014)
07/23/2014 10:34 AM
ECF Western District of Wisconsin
13 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
02/28/2014
108 Declaration of Mark W. Rattan filed by Defendant The Cincinnati Insurance
Company In Support Of Rule 17 Motion re: 104 Motion to Dismiss
(Attachments:
# 1 Exhibit A - Offer to Purchase with Roof Provision Addendum,
# 2 Exhibit B - Representation And Insurance Restoration Repair Agreement,
# 3 Exhibit C - Roof Repair Agreement) (Rattan, Mark) (Entered: 02/28/2014)
03/12/2014
109 ORDER granting 40 Motion for Partial Summary Judgment; denying 46 Motion
for Extension of Time; granting in part and denying in part 49 Motion for
Summary Judgment; denying 79 Motion to Strike; denying as moot 95 Motion for
bad faith Discovery; denying as moot 22 Motion to Bifurcate. Signed by District
Judge William M. Conley on 3/12/14. (krj) (Entered: 03/12/2014)
03/19/2014
110 Stipulation to Amend Briefing Schedule by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC, Defendant The Cincinnati
Insurance Company. (Attachments:
# 1 Proposed Order) (Schmidt, Charles) (Entered: 03/19/2014)
03/20/2014
111 ** TEXT ONLY ORDER **
ORDER granting 110 Stipulation to Amend Briefing Schedule . Brief in
Opposition due 3/27/2014. Brief in Reply due 4/7/2014. Signed by Magistrate
Judge Stephen L. Crocker on 3/20/14. (rep) (Entered: 03/20/2014)
03/26/2014
112 Stipulation to Amend Briefing and Disclosure Schedule by Plaintiffs Advance
Cable Company, LLC, Pinehurst Commercial Investments, LLC, Defendant The
Cincinnati Insurance Company. (Attachments:
# 1 Text of Proposed Order) (Schmidt, Charles) (Entered: 03/26/2014)
03/27/2014
113 ** TEXT ONLY ORDER **
ORDER granting 112 Stipulation to Amend Briefing Schedule. Brief in
Opposition due 4/3/2014. Brief in Reply due 4/14/2014. Signed by Magistrate
Judge Stephen L. Crocker on 3/27/14. (rep) (Entered: 03/27/2014)
04/03/2014
114 Brief in Opposition by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC re: 104 Motion to Dismiss filed by The Cincinnati
Insurance Company (Schmidt, Charles) (Entered: 04/03/2014)
04/03/2014
115 Affidavit of Charles David Schmidt filed by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC re: 104 Motion to Dismiss
(Attachments:
# 1 Exhibit Welton Enterprises Joint Rule 26(f) Report,
# 2 Exhibit Cincinnati Insurance Claims File Entry,
# 3 Exhibit Cincinnati Insurance Email/Facsimile) (Schmidt, Charles) (Entered:
04/03/2014)
04/14/2014
116 Brief in Reply by Defendant The Cincinnati Insurance Company in Support of
104 Motion to Dismiss and Substitute Parties under Rule 17 (Rattan, Mark)
(Entered: 04/14/2014)
04/21/2014
117 Motion for Clarification re: 109 Order on Motion for Partial Summary Judgment,
Order on Motion for Extension of Time, Order on Motion for Summary
Judgment, Order on Motion to Strike, Order on Motion for Discovery, Order on
Motion to Bifurcate, filed by Defendant The Cincinnati Insurance Company.
Response due 4/28/2014. (Rattan, Mark) (Entered: 04/21/2014)
07/23/2014 10:34 AM
ECF Western District of Wisconsin
14 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
04/21/2014
118 Brief in Support of 117 Motion for Clarification, by Defendant The Cincinnati
Insurance Company (Rattan, Mark) (Entered: 04/21/2014)
04/21/2014
119 Declaration of Mark W. Rattan filed by Defendant The Cincinnati Insurance
Company re: 117 Motion for Clarification, (Attachments:
# 1 Exhibit A to Rattan Declaration - Expert Report of Gregory Phillips) (Rattan,
Mark) (Entered: 04/21/2014)
04/23/2014
120 Stipulation to Amend Briefing Schedule by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC, Defendant The Cincinnati
Insurance Company. (Attachments:
# 1 Text of Proposed Order on Briefing Schedule) (Schmidt, Charles) (Entered:
04/23/2014)
04/24/2014
121 ** TEXT ONLY ORDER **
In response to the parties "stipulation on briefing schedule" 120 , plaintiffs'
response to defendant's pending motion for clarification will be due on Monday,
May 5, 2014. No reply will be allowed unless further ordered by the court.
Pursuant to the parties' request, a telephone status conference is set for
4/28/2014 at 4:00 PM before Judge William M. Conley. Counsel for Plaintiff
responsible for setting up the call to chambers at (608) 264-5087. Signed by
District Judge William M. Conley on 4/24/2014. (mfh) Modified on 4/25/2014.
(arw) (Entered: 04/24/2014)
04/25/2014
Reset Deadlines as to 117 Motion for Clarification. Brief in Opposition due
5/5/2014. (jat) (Entered: 04/25/2014)
04/28/2014
Reset Deadlines and Hearings: Telephone Status Conference on 4/28/2014 reset
from 4:00 PM to 3:00 PM to accommodate the court's calendar. Counsel for
Plaintiff responsible for setting up the call to chambers at (608) 264-5087.
(arw/mfh) (Entered: 04/28/2014)
04/28/2014
Minute Entry for proceedings held before District Judge William M. Conley:
Telephonic Status Conference held on 4/28/2014 [:15] (mfh) (Entered:
04/28/2014)
05/15/2014
122 Brief in Opposition by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC re: 117 Motion for Clarification, filed by The
Cincinnati Insurance Company (Schmidt, Charles) (Entered: 05/15/2014)
05/15/2014
123 Affidavit of Charles David Schmidt filed by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC re: 117 Motion for Clarification,
(Attachments:
# 1 Exhibit 1 (Tilsen Deposition Transcript Pages),
# 2 Exhibit 2 (Martin Deposition Transcript Pages),
# 3 Exhibit 3 (Brayton Deposition Transcript Pages)) (Schmidt, Charles)
Requested attorney file completed transcripts if not yet filed on 5/16/2014 (jaf).
(Entered: 05/15/2014)
05/15/2014
124 Affidavit of Peter R. Kochenburger filed by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC re: 117 Motion for Clarification,
(Attachments:
# 1 Exhibit 1 (Kochenburger CV),
# 2 Exhibit 2 (Kochenburger 12/02/13 Report),
07/23/2014 10:34 AM
ECF Western District of Wisconsin
15 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
# 3 Exhibit 3 (Kochenburger 05/15/14 Report)) (Schmidt, Charles) (Entered:
05/15/2014)
05/15/2014
125 Affidavit of Michael G. Larson filed by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC re: 117 Motion for Clarification,
(Schmidt, Charles) (Entered: 05/15/2014)
05/15/2014
126 Affidavit of David J. Tilsen filed by Plaintiffs Advance Cable Company, LLC,
Pinehurst Commercial Investments, LLC re: 117 Motion for Clarification,
(Schmidt, Charles) (Entered: 05/15/2014)
05/15/2014
127 Affidavit of Kurtis D. Welton filed by Plaintiffs Advance Cable Company, LLC,
Pinehurst Commercial Investments, LLC re: 117 Motion for Clarification,
(Schmidt, Charles) (Entered: 05/15/2014)
05/16/2014
128 Deposition of Kenneth Brayton taken on April 25, 2014 . (Schmidt, Charles)
(Entered: 05/16/2014)
05/16/2014
129 Deposition of Scott Martin taken on January 27, 2014 . (Schmidt, Charles)
(Entered: 05/16/2014)
05/16/2014
130 Deposition of David Tilsen taken on January 16, 2014 . (Schmidt, Charles)
(Entered: 05/16/2014)
05/27/2014
131 Motion to Strike Plaintiffs' Request For Reconsideration Of Bad Faith by
Defendant The Cincinnati Insurance Company. Response due 6/3/2014. (Rattan,
Mark) (Entered: 05/27/2014)
05/27/2014
132 Brief in Support of 131 Motion to Strike Plaintiffs' Request For Reconsideration
Of Bad Faith by Defendant The Cincinnati Insurance Company (Rattan, Mark)
(Entered: 05/27/2014)
05/27/2014
133 Motion to Strike Tilsen & Kochenburger Affidavits or In The Alternative For
Leave To File Reply Brief by Defendant The Cincinnati Insurance Company.
Response due 6/3/2014. (Rattan, Mark) (Entered: 05/27/2014)
06/03/2014
134 Brief in Opposition by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC re: 133 Motion to Strike filed by The Cincinnati
Insurance Company (Murdock, Anthony) (Entered: 06/03/2014)
06/03/2014
135 Brief in Opposition by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC re: 131 Motion to Strike filed by The Cincinnati
Insurance Company (Schmidt, Charles) (Entered: 06/03/2014)
06/09/2014
136 Motion to Quash Plainitffs' Deposition Notices and Subpoena by Defendant The
Cincinnati Insurance Company. Motions referred to Magistrate Judge Stephen L.
Crocker. Response due 6/16/2014. (Rattan, Mark) (Entered: 06/09/2014)
06/09/2014
137 Brief in Support of 136 Motion to Quash Plaintiffs' Deposition Notices and
Subpoena by Defendant The Cincinnati Insurance Company (Rattan, Mark)
(Entered: 06/09/2014)
06/09/2014
138 Declaration of Mark W. Rattan filed by Defendant The Cincinnati Insurance
Company re: 136 Motion to Quash (Attachments:
# 1 Exhibit A: Notices and Subpoena for Deposition,
# 2 Exhibit B: Email April 25, 2014,
07/23/2014 10:34 AM
ECF Western District of Wisconsin
16 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
# 3 Exhibit C: Email May 22, 2014,
# 4 Exhibit D: May 29, 2014 Response To Plaintiffs' Request For Depositions,
# 5 Exhibit E: Email May 30, 2014) (Rattan, Mark) Modified on 6/10/2014 (jaf).
(Entered: 06/09/2014)
06/10/2014
Set Deadlines as to 136 Motion to Quash Plainitffs' Deposition Notices and
Subpoena. Telephone Motion Hearing set for 6/18/2014 at 03:00 PM before
Magistrate Judge Stephen L. Crocker. Counsel for Defendant responsible for
setting up the call to chambers at (608) 264-5153. (rep) (Entered: 06/10/2014)
06/16/2014
139 Motion to Amend Briefing Schedule by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC. Motions referred to Magistrate
Judge Stephen L. Crocker. (Attachments:
# 1 Stipulation to Amend Briefing Schedule) (Murdock, Anthony) (Entered:
06/16/2014)
06/17/2014
140 ** TEXT ONLY ORDER **
Plaintiffs' motion to amend the briefing schedule (dkt. 139 ) is granted; due to the
court's calendar, this requires the telephonic motion hearing to be pushed back to
June 20, 2014 at 1:30 p.m. Because of this, the court can afford to give plaintiffs
until 9:00 a.m. on June 18, 2014 to file its response, if plaintiffs so choose. Signed
by Magistrate Judge Stephen L. Crocker on 6/17/14. (rep) (Entered: 06/17/2014)
06/18/2014
141 Brief in Opposition by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC re: 136 Motion to Quash filed by The Cincinnati
Insurance Company (Schmidt, Charles) (Entered: 06/18/2014)
06/18/2014
142 Affidavit of Charles David Schmidt filed by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC re: 136 Motion to Quash
(Attachments:
# 1 Exhibit 1 - April 22 - April 25, 2014 Emails Between Counsel,
# 2 Exhibit 2 - May 13, 2014 Notice of Deposition and Subpoena,
# 3 Exhibit 3 - June 10, 2014 Phillips Deposition Transcript,
# 4 Exhibit 4 - May 30 - June 2, 2014 Emails Between Counsel,
# 5 Exhibit 5 - September 6, 2013 Rattan Letter,
# 6 Exhibit 6 - November 27, 2013 Rattan Letter,
# 7 Exhibit 7 - January 6, 2014 Rattan Letter,
# 8 Exhibit April 2, 2014 Rattan Letter) (Schmidt, Charles) Requested attorney
refile complete condensed transcript on 6/19/2014 (jaf). (Entered: 06/18/2014)
06/19/2014
143 Deposition of Gregory Phillips taken on June 10, 2014. (Schmidt, Charles)
Modified on 6/20/2014 (rep). (Entered: 06/19/2014)
06/19/2014
144 ** TEXT ONLY ORDER **
Having reviewed both sides' submissions on defendant's motion to quash
plaintiffs' deposition notices, the court has determined that it will rule in a written
order, either captioned or text-only, without holding a telephonic hearing.
Pending that ruling, the contested depositions are stayed. The June 20, 2014
telephonic hearing is canceled. Signed by Magistrate Judge Stephen L. Crocker
on 6/19/14. (rep) (Entered: 06/19/2014)
06/20/2014
145 ORDER denying 104 Motion to Dismiss ; granting in part and denying in part
117 Motion for Clarification. ; denying 131 Motion to Strike ; denying 133
Motion to Strike. Signed by District Judge William M. Conley on 6/20/14. (rep)
07/23/2014 10:34 AM
ECF Western District of Wisconsin
17 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
(Entered: 06/20/2014)
06/20/2014
146 Motion in Limine to Preclude Any Evidence or Argument Regarding Whether
the Property Needs to Be Repaired or Replaced by Plaintiffs Advance Cable
Company, LLC, Pinehurst Commercial Investments, LLC. (Murdock, Anthony)
(Entered: 06/20/2014)
06/20/2014
147 Motion in Limine to Preclude Any Evidence or Argument Regarding Any
Measure of Damages Other Than Like-Kind Replacement by Plaintiffs Advance
Cable Company, LLC, Pinehurst Commercial Investments, LLC. (Murdock,
Anthony) (Entered: 06/20/2014)
06/20/2014
148 Motion in Limine to Preclude Any Evidence or Argument Regarding an Actual
Cash Value Measure of Damages by Plaintiffs Advance Cable Company, LLC,
Pinehurst Commercial Investments, LLC. (Murdock, Anthony) (Entered:
06/20/2014)
06/20/2014
149 Motion in Limine to Preclude Any Evidence or Argument Regarding Any
Alleged "Non-cooperation" by Advance Cable by Plaintiffs Advance Cable
Company, LLC, Pinehurst Commercial Investments, LLC. (Murdock, Anthony)
(Entered: 06/20/2014)
06/20/2014
150 Rule 26(a)(3) Pretrial Disclosures by Plaintiffs Advance Cable Company, LLC,
Pinehurst Commercial Investments, LLC (Attachments:
# 1 Exhibit Trial Exhibit Form) (Murdock, Anthony) (Entered: 06/20/2014)
06/20/2014
151 Proposed Voir Dire by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC (Murdock, Anthony) (Entered: 06/20/2014)
06/20/2014
152 Proposed Jury Instructions - Liability and Damages by Plaintiffs Advance Cable
Company, LLC, Pinehurst Commercial Investments, LLC (Murdock, Anthony)
(Entered: 06/20/2014)
06/20/2014
153 Proposed Special Verdict - Liability and Damages by Plaintiffs Advance Cable
Company, LLC, Pinehurst Commercial Investments, LLC (Murdock, Anthony)
(Entered: 06/20/2014)
06/20/2014
154 Motion in Limine to Exclude Plaintiffs' Roofing Experts by Defendant The
Cincinnati Insurance Company. (Rattan, Mark) (Entered: 06/20/2014)
06/20/2014
155 Brief in Support of 154 Motion in Limine to Exclude Plaintiffs' Roofing Experts
by Defendant The Cincinnati Insurance Company (Rattan, Mark) (Entered:
06/20/2014)
06/20/2014
156 Motion in Limine to Exclude Reports and Testimony of Plaintiffs' Expert Peter
Kochenburger by Defendant The Cincinnati Insurance Company. (Rattan, Mark)
(Entered: 06/20/2014)
06/20/2014
157 Brief in Support of 156 Motion in Limine to Exclude Reports and Testimony of
Plaintiffs' Expert Peter Kochenburger by Defendant The Cincinnati Insurance
Company (Rattan, Mark) (Entered: 06/20/2014)
06/20/2014
158 Motion in Limine for Cincinnati's General Motions in Limine by Defendant The
Cincinnati Insurance Company. (Rattan, Mark) (Entered: 06/20/2014)
07/23/2014 10:34 AM
ECF Western District of Wisconsin
18 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
06/20/2014
159 Declaration of Mark W. Rattan filed by Defendant The Cincinnati Insurance
Company re: 156 Motion in Limine, 154 Motion in Limine, 158 Motion in
Limine (Attachments:
# 1 Exhibit A: Plaintiffs' Expert Witness Disclosure,
# 2 Exhibit B: Deposition Transcript of Jhon Linares,
# 3 Exhibit C: E Mail 01-13-12,
# 4 Exhibit D: Affidavit of Due Diligence 1,
# 5 Exhibit E: Affidavit of Due Diligence 2) (Rattan, Mark) (Entered:
06/20/2014)
06/20/2014
160 Motion for Jury View by Defendant The Cincinnati Insurance Company.
Response due 6/27/2014. (Rattan, Mark) (Entered: 06/20/2014)
06/20/2014
161 Witness List by Defendant The Cincinnati Insurance Company (Rattan, Mark)
(Entered: 06/20/2014)
06/20/2014
162 Exhibit List by Defendant The Cincinnati Insurance Company. (Rattan, Mark)
(Entered: 06/20/2014)
06/20/2014
163 Proposed Jury Instructions - Liability and Damages by Defendant The Cincinnati
Insurance Company (Rattan, Mark) (Entered: 06/20/2014)
06/20/2014
164 Proposed Special Verdict - Liability and Damages by Defendant The Cincinnati
Insurance Company (Rattan, Mark) (Entered: 06/20/2014)
06/20/2014
165 Proposed Voir Dire by Defendant The Cincinnati Insurance Company (Rattan,
Mark) (Entered: 06/20/2014)
06/20/2014
166 Narrative Deposition Summary of Expert Narrative (Rattan, Mark) (Entered:
06/20/2014)
06/23/2014
167 Deposition of Jhon Linares taken on January 28, 2014 . (Rattan, Mark) Modified
on 6/24/2014 (jaf). (Entered: 06/23/2014)
06/26/2014
Set Deadlines as to 136 Motion to Quash Plainitffs' Deposition Notices and
Subpoena. Telephone Motion Hearing set for 6/27/2014 at 12:30 PM before
Judge William M. Conley. Counsel for Defendant responsible for setting up the
call to chambers at (608) 264-5087. (rep) (Entered: 06/26/2014)
06/26/2014
Reset Deadlines as to 136 Motion to Quash Plainitffs' Deposition Notices and
Subpoena. Telephone Motion Hearing set for 6/27/2014 at 11:30 AM before
Judge William M. Conley. Counsel for Defendant responsible for setting up the
call to chambers at (608) 264-5087. Rescheduled from 6/27/14 at 12:30 pm to
accommodate the court's calendar. (rep) (Entered: 06/26/2014)
06/27/2014
Minute Entry for proceedings held before District Judge William M. Conley:
Telephone Motion Hearing held on 6/27/2014 re 136 Motion to Quash Plainitffs'
Deposition Notices and Subpoena filed by The Cincinnati Insurance Company
[:45] (Court Reporter LS.) (mfh) (Entered: 06/27/2014)
06/27/2014
168 ORDER denying 136 Motion to Quash. Signed by District Judge William M.
Conley on 6/27/2014. (voc) (Entered: 06/27/2014)
06/27/2014
169 Transcript of telephonic motion hearing, held 6/27/14 before Judge William M.
Conley. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
07/23/2014 10:34 AM
ECF Western District of Wisconsin
19 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
Transcript Instructions and Notice of Intent to Request Redaction. (krj) (Entered:
06/27/2014)
07/03/2014
170 Disregard. Filed in wrong case. Modified on 7/6/2014. (lak) (Entered:
07/03/2014)
07/03/2014
171 Stipulation to Extend Deadline by Defendant The Cincinnati Insurance
Company. (Attachments:
# 1 Text of Proposed Order,
# 2 Certificate of Service) (Dykeman, Stephanie) Modified on 7/7/2014.(lak)
(Entered: 07/03/2014)
07/07/2014
172 ** TEXT ONLY ORDER **
ORDER granting 171 Stipulation to Extend Deadline to Respond to Final Pretrial
Submissions. Responses due 7/9/2014. Signed by District Judge William M.
Conley on 7/7/2014. (arw) (Entered: 07/07/2014)
07/09/2014
173 Stipulation on Issue for Trial by Plaintiffs Advance Cable Company, LLC,
Pinehurst Commercial Investments, LLC, Defendant The Cincinnati Insurance
Company. (Schmidt, Charles) Modified on 7/10/2014. (lak) (Entered:
07/09/2014)
07/10/2014
Set Telephone Status Conference: Telephone Status Conference set for 7/11/2014
at 09:00 AM before Judge William M. Conley. Counsel for Plaintiff responsible
for setting up the call to chambers at (608) 264-5087. (voc) (Entered:
07/10/2014)
07/11/2014
Minute Entry for proceedings held before District Judge William M. Conley:
Telephone Status Conference held on 7/11/2014 [:20] (skv) (Entered:
07/11/2014)
07/14/2014
174 Notice by Defendant The Cincinnati Insurance Company For Telephonic
Appearance at Pre-Trial Conference. (Dykeman, Stephanie) (Entered:
07/14/2014)
07/14/2014
175 Notice of Settlement by Plaintiffs Advance Cable Company, LLC, Pinehurst
Commercial Investments, LLC. (Schmidt, Charles) (Entered: 07/14/2014)
07/15/2014
176 Stipulation On Replacement Cost by Defendant The Cincinnati Insurance
Company. (Dykeman, Stephanie) Modified on 7/16/2014. (lak) (Entered:
07/15/2014)
07/15/2014
177 ORDER granting 176 Stipulation for On Replacement Cost . Judgment to be
entered in favor of plaintiffs in the amount of $175,500 and closing this case.
Signed by District Judge William M. Conley on 7/15/14. (rep) (Entered:
07/15/2014)
07/15/2014
178 JUDGMENT in favor of Advance Cable Company, LLC, Pinehurst Commercial
Investments, LLC against The Cincinnati Insurance Company in the amount of $
175,500.00. (rep) (Entered: 07/15/2014)
07/22/2014
179 Bill of Costs by Plaintiffs Advance Cable Company, LLC, Pinehurst Commercial
Investments, LLC. Motions referred to Magistrate Judge Stephen L. Crocker.
Objection to Bill of Costs due 8/1/2014. Brief in Support to Bill of Costs due
8/11/2014. Brief in Reply in Opposition to Bill of Costs due 8/18/2014. (Schmidt,
07/23/2014 10:34 AM
ECF Western District of Wisconsin
20 of 20
https://ecf.wiwd.circ7.dcn/cgi-bin/DktRpt.pl?848503841222546-L_1_0-1
Charles) (Entered: 07/22/2014)
07/22/2014
180 Affidavit of Kimberly M. Finnigan filed by Plaintiffs Advance Cable Company,
LLC, Pinehurst Commercial Investments, LLC re: 179 Bill of Costs,
(Attachments:
# 1 Exhibit 1 - Itemization of Taxable Costs,
# 2 Exhibit 2 - Fees of the Clerk,
# 3 Exhibit 3 - Fees for Service of Summonses and Subpoenas,
# 4 Exhibit 4 - Fees for Transcripts,
# 5 Exhibit 5 - Fees for Witnesses,
# 6 Exhibit 6 - Fees for Exemplification and Copies) (Schmidt, Charles) Modified
on 7/22/2014. (lak) (Entered: 07/22/2014)
07/22/2014
181 NOTICE OF APPEAL by Defendant The Cincinnati Insurance Company as to
178 Judgment. Filing fee of $ 505, receipt number 0758-1386317 paid.
Docketing Statement filed. (Attachments:
# 1 Docketing Statement) (Rattan, Mark) (Entered: 07/22/2014)
07/22/2014
182 Transcript Request Form by Defendant The Cincinnati Insurance Company re
181 Notice of Appeal. (Rattan, Mark) (Entered: 07/22/2014)
07/22/2014
183 Transcript Request Form by Defendant The Cincinnati Insurance Company re
181 Notice of Appeal. (Rattan, Mark) (Entered: 07/22/2014)
07/23/2014
184 Appeal Information Packet. (lak) (Entered: 07/23/2014)
07/23/2014 10:34 AM
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
