CENTURY INDEMNITY COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY Docket

United States District Court, District of Rhode Island
https://ecf.rid.uscourts.gov/cgi-bin/DktRpt.pl?45644619505294...
CLOSED
U.S. District Court District of Rhode Island (Providence) CIVIL DOCKET FOR CASE #: 1:09-cv-00285-S-LDA
Century Indemnity Company v. Liberty Mutual Insurance Company Assigned to: Judge William E Smith Referred to: Magistrate Judge Lincoln D. Almond Cause: 28:1332 Diversity-Insurance Contract Plaintiff Century Indemnity Company represented by James T. McCormick McKenna & McCormick 128 Dorrance Street Suite 330 Providence, RI 02903 831-2970 Fax: 751-1797 Email: mclaw@choiceonemail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED John L. Altieri , Jr. Boutin & Altieri PLLC 1261 Post Road Faireld, CT 06824 203-292-6882 Fax: 603-432-7419 Email: jaltieri@boutinlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Lawrence A. Nathanson Siegal Napierkowski & Park 533 Fellowship Road Suite 120 Mt. Laurel, NJ 08054 856-380-8900 Fax: 856-380-8901 Email: lawrence.nathanson@mclolaw.com Date Filed: 06/29/2009 Date Terminated: 09/06/2011 Jury Demand: None Nature of Suit: 110 Insurance Jurisdiction: Diversity
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LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED V. Defendant Liberty Mutual Insurance Company represented by Ralph T. Lepore , III Holland & Knight LLP 10 St. James Avenue Boston, MA 02116 617-305-2041 Fax: 523-6850 Email: ralph.lepore@hklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Benjamin M. McGovern Holland & Knight LLP 10 St. James Avenue Boston, MA 02116 617-523-2700 Fax: 617-523-6850 PRO HAC VICE ATTORNEY TO BE NOTICED Christopher J. McCarty Holland & Knight LLP 10 St. James Ave Boston, MA 02116 617-305-2134 Fax: 617-523-6850 Email: chris.mccarty@hklaw.com ATTORNEY TO BE NOTICED Michael T. Maroney Holland & Knight LLP 10 St. James Avenue Boston, MA 02116 617-523-2700 Fax: 617-523-6850 PRO HAC VICE ATTORNEY TO BE NOTICED Counter Claimant
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Liberty Mutual Insurance Company
represented by Ralph T. Lepore , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Benjamin M. McGovern (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Michael T. Maroney (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
V. Counter Defendant Century Indemnity Company represented by James T. McCormick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John L. Altieri , Jr. (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Lawrence A. Nathanson (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Date Filed 06/29/2009
Docket Text
1 COMPLAINT against Liberty Mutual Insurance Company ( Filing fee $ 350 receipt number 14670001201,)led by Century Indemnity Company. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(Dube, Paulette) (Entered: 06/30/2009) Summons Issued (1) as to Liberty Mutual Insurance Company. (Dube, Paulette) (Entered: 06/30/2009)
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CASE CONDITIONALLY ASSIGNED to Judge William E Smith. Related Case Number 02-53S based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Dube, Paulette) (Entered: 06/30/2009) CASE PERMANENTLY ASSIGNED Judge William E. Smith has determined that this case is in fact related to CA 02-53S this case is permanently assigned to Judge William E. Smith for all further proceedings (Jackson, Ryan) (Entered: 07/06/2009) 2 WAIVER OF SERVICE Returned Executed by Century Indemnity Company. Liberty Mutual Insurance Company waiver sent on 6/29/2009, answer due 8/28/2009. (McCormick, James) (Entered: 07/09/2009) 3 ANSWER to 1 Complaint, COUNTERCLAIM against Century Indemnity Company by Liberty Mutual Insurance Company.(Lepore, Ralph) (Entered: 08/07/2009) 4 NOTICE of Hearing: Rule 16 Conference scheduled for 10/5/2009 at 9:30 AM in Judge Smith Chambers before Judge William E. Smith. (Jackson, Ryan) (Entered: 09/15/2009) 5 ORDER. So Ordered by Judge William E. Smith on 9/15/09. (Jackson, Ryan) (Entered: 09/15/2009) 6 STATEMENT OF UNDISPUTED FACTS in Support of Century's Motion For Summary Judgment Awarding Century Contribution from Liberty Mutual by Century Indemnity Company. (McCormick, James) (Entered: 09/17/2009) 7 MOTION for Summary Judgment Awarding Century Contribution from Liberty Mutual with Supporting Memorandum by Century Indemnity Company. Responses due by 10/5/2009 (Attachments: # 1 Supporting Memorandum Century's Memorandum of Law in Support of Motion for Summary Judgment awarding Century Contribution from Liberty Mutual)(McCormick, James) (Entered: 09/17/2009) 8 DECLARATION of Lawrence A. Nathanson in Support of Motion For Contribution by Century Indemnity Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(McCormick, James) (Entered: 09/17/2009) 9 RULE 16 STATEMENT of claims by Liberty Mutual Insurance Company. (Lepore, Ralph) (Entered: 10/01/2009) 10 MOTION to Bifurcate or Phase WITH SUPPORTING MEMO by Liberty Mutual Insurance Company. Responses due by 10/19/2009 (Lepore, Ralph) (Entered: 10/01/2009)
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11 MEMORANDUM IN SUPPORT by Liberty Mutual Insurance Company in support of 10 MOTION to Bifurcate or Phase. (Lepore, Ralph) (Entered: 10/01/2009) 12 RULE 16 STATEMENT Proposed Discovery Plan by Liberty Mutual Insurance Company. (Lepore, Ralph) (Entered: 10/01/2009) 13 Corporate Disclosure Statement by Century Indemnity Company. (McCormick, James) (Entered: 10/02/2009) 14 RULE 16 STATEMENT of Claims by Century Indemnity Company. (McCormick, James) (Entered: 10/02/2009) Minute Entry for proceedings held before Judge William E Smith: Rule 16 Conference held on 10/5/2009; Counsel present: James McCormick, John Altieri, Lawrence Nathanson; Ralph Lepore, Michael Maroney, Christopher McCarthy (Jackson, Ryan) (Entered: 10/05/2009) 15 PRETRIAL ORDER. Defendant's objection to Plaintiff's motion for summary judgment shall be led by 12/1/09. Plaintiff's reply shall be led by 12/16/09. So Ordered by Judge William E Smith on 10/5/09. (Marseglia, Patricia) (Entered: 10/05/2009) 16 Corporate Disclosure Statement by Liberty Mutual Insurance Company. (Lepore, Ralph) (Entered: 10/05/2009) 17 Century Indemnity Company's Answer to Liberty Mutual Insurance Company's Counterclaim Seeking Declaratory Judgment Reply to Counterclaim by Century Indemnity Company. (McCormick, James) (Entered: 10/15/2009) 18 MOTION for Michael T. Maroney to Appear Pro Hac Vice by Liberty Mutual Insurance Company. (McCarty, Christopher) (Entered: 10/23/2009) 19 MOTION for Benjamin M. McGovern to Appear Pro Hac Vice by Liberty Mutual Insurance Company. (McCarty, Christopher) (Entered: 10/23/2009) 20 APPLICATION FOR ADMISSION PRO HAC VICE re 18 MOTION for Michael T. Maroney to Appear Pro Hac Vice by Liberty Mutual Insurance Company. (Smith, Rana) (Entered: 10/26/2009) 21 APPLICATION FOR ADMISSION PRO HAC VICE re 19 MOTION for Benjamin M. McGovern to Appear Pro Hac Vice by Liberty Mutual Insurance Company. (Smith, Rana) (Entered: 10/26/2009) TEXT ORDER granting 18 Motion to Appear Pro Hac Vice of Benjamin M. McGovern, Michael T. Maroney ; granting 19 Motion to Appear Pro Hac Vice of Benjamin M. McGovern, Michael T. Maroney. So Ordered by Judge William E Smith on 11/12/09. (Jackson, Ryan) (Entered: 11/12/2009)
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22 RESPONSE in Opposition re 7 MOTION for Summary Judgment Awarding Century Contribution from Liberty Mutual and Cross-Motion for Summary Judgment of Liberty Mutual Insurance Company With Supporting Memo led by Liberty Mutual Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lepore, Ralph) (Entered: 12/01/2009) 23 MEMORANDUM IN SUPPORT by Liberty Mutual Insurance Company in support of 22 Response in Opposition to Motion, and in Support of CrossMotion for Summary Judgment of Liberty Mutual Insurance Company. (Lepore, Ralph) (Entered: 12/01/2009) 24 STATEMENT OF DISPUTED FACTS by Liberty Mutual Insurance Company re 7 MOTION for Summary Judgment Awarding Century Contribution from Liberty Mutual. (Lepore, Ralph) (Entered: 12/01/2009) 25 STATEMENT OF UNDISPUTED FACTS in support of Cross-Motion for Summary Judgment by Liberty Mutual Insurance Company re 22 Response in Opposition to Motion,. (Lepore, Ralph) (Entered: 12/01/2009) 26 AFFIDAVIT re 22 Response in Opposition to Motion, by Liberty Mutual Insurance Company. (Lepore, Ralph) (Entered: 12/01/2009) 27 REPLY to Response to Motion re 22 Response in Opposition to Motion, and Memorandum in Support Of Century's Opposition to Liberty's cross-motion for summary judgment led by Century Indemnity Company. (McCormick, James) (Entered: 12/16/2009) 28 STATEMENT OF DISPUTED FACTS by Century Indemnity Company re 27 Reply to Response to Motion. (McCormick, James) (Entered: 12/16/2009) 29 RESPONSE IN OPPOSITION by Century Indemnity Company re 22 Response in Opposition to Motion, memorandum in support led as doc. no. 27. (McCormick, James) (Entered: 12/16/2009) NOTICE of Hearing on Motion 7 MOTION for Summary Judgment Awarding Century Contribution from Liberty Mutual : Motion Hearing scheduled for 2/2/2010 at 11:00 AM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan) (Entered: 12/21/2009) 30 REPLY to Response to Motion re 27 Reply to Response to Motion re Liberty Mutual's Cross-Motion for Summary Judgment led by Liberty Mutual Insurance Company. (Lepore, Ralph) (Entered: 12/22/2009) Minute Entry for proceedings held before Judge William E Smith: Motion Hearing held on 2/2/2010 re 7 MOTION for Summary Judgment Awarding Century Contribution from Liberty Mutual led by Century Indemnity Company. Counsel of record present (McCormick, Altieri, Nathanson for Plaintiff and Lepore, Maroney for Defendant). Court addresses. Arguments heard. Court takes Motion for Summary Judgement 7 under advisement and will
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issue a written ruling. (Court Reporter Anne Clayton in Courtroom 2 at 11:21 a.m.) (Urizandi, Nisshy) (Entered: 02/02/2010) 04/27/2010 31 OPINION AND ORDER granting in part and denying in part 7 Motion for Summary Judgment; granting in part and denying in part 22 RESPONSE in Opposition re 7 MOTION for Summary Judgment Awarding Century Contribution from Liberty Mutual and Cross-Motion for Summary Judgment of Liberty Mutual Insurance Company. So Ordered by Judge William E. Smith on 4/27/10. (Jackson, Ryan) (Entered: 04/28/2010) Reset Deadlines: Discovery due by 6/28/2010. (Jackson, Ryan) (Entered: 04/28/2010) NOTICE of Hearing: Status Conference scheduled for 6/30/2010 at 9:30 AM in Judge Smith Chambers before Judge William E. Smith. (Jackson, Ryan) (Entered: 04/28/2010) TEXT ORDER nding as moot 10 Motion to Bifurcate. So Ordered by Judge William E. Smith on 5/6/10. (Jackson, Ryan) (Entered: 05/06/2010) Reset Hearings re: Notice of Hearing Status Conference re-scheduled for 7/9/2010 at 9:30 AM in Judge Smith Chambers before Judge William E. Smith. (Jackson, Ryan) (Entered: 06/02/2010) 32 STIPULATION Regarding Condentiality by Century Indemnity Company, Liberty Mutual Insurance Company. (Lepore, Ralph) (Entered: 06/14/2010) 33 ORDER Entering 32 Joint Stipulation Regarding Condentiality led by Liberty Mutual Insurance Company, Century Indemnity Company. So Ordered by Judge William E. Smith on 6/25/10. (Jackson, Ryan) (Entered: 06/25/2010) Minute Entry for proceedings held before Judge William E Smith: In Chambers Conference held on 7/9/2010. James McCormick, John Altieri, Jr. and Lawrence Nathanson for Plaintiff. Ralph Lepore, III, and Christopher McCarty for Defendant. (Smith, Rana) (Entered: 07/09/2010) 34 RESPONSE in Opposition re 7 MOTION for Summary Judgment Awarding Century Contribution from Liberty Mutual And Cross-Motion for Summary Judgment of Liberty Mutual Insurance Company WITH SUPPORTING MEMO led by Liberty Mutual Insurance Company. (Attachments: # 1 Exhibit A)(Lepore, Ralph) (Entered: 08/27/2010) 35 STATEMENT OF DISPUTED FACTS by Liberty Mutual Insurance Company re 7 MOTION for Summary Judgment Awarding Century Contribution from Liberty Mutual, 6 Statement of Undisputed Facts. (Lepore, Ralph) (Entered: 08/27/2010) 36 MOTION to Seal Document in Support of 34 Response in Opposition by Liberty Mutual Insurance Company. (Smith, Rana) (Entered: 08/30/2010)
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37 ORDER granting 36 Motion to Seal Document. So Ordered by Judge William E Smith on 8/30/2010. (Smith, Rana) (Entered: 08/31/2010) 38 Sealed Document placed in Vault #3. (Smith, Rana) Modied on -changed vault number 9/16/2010 (Smith, Rana). (Entered: 08/31/2010) 39 TRANSCRIPT REQUEST for proceedings held on 2/2/2010 before Judge Smith.. (McCormick, James) (Entered: 09/07/2010) 40 MOTION for an Extension of Time to File Response/Reply to Defendant's Opposition to Plaintiff''s Motion for Summary Judgment and Defendant's Cross Motion for Summary Judgment by Century Indemnity Company. Responses due by 10/4/2010 (McCormick, James) (Entered: 09/15/2010) Motion Forwarded to Chambers 40 MOTION for an Extension of Time to File Response/Reply to Defendant's Opposition to Plaintiff''s Motion for Summary Judgment and Defendant's Cross Motion for Summary Judgment FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan) (Entered: 09/16/2010) 41 TRANSCRIPT of Cross-Motions for Summary Judgment held on February 2, 2010, before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/7/2010. Redacted Transcript Deadline set for 10/18/2010. Release of Transcript Restriction set for 12/15/2010. (Clayton, Anne) (Entered: 09/16/2010) TEXT ORDER granting 40 Motion for Extension of Time to File Response to 34 RESPONSE in Opposition re 7 MOTION for Summary Judgment Awarding Century Contribution from Liberty Mutual And Cross-Motion for Summary Judgment of Liberty Mutual Insurance Company ; Responses due by 9/22/2010. So Ordered by Judge William E. Smith on 9/21/10. (Jackson, Ryan) (Entered: 09/21/2010) 42 RESPONSE IN OPPOSITION by Century Indemnity Company to Liberty Mutual's Cross-Motion for Summary Judgment. (McCormick, James) (Entered: 09/21/2010) 43 REPLY MEMORANDUM re 34 Response in Opposition to Motion,. (McCormick, James) (Entered: 09/21/2010) 44 MOTION Motion to Seal Condential Documents by Century Indemnity Company. Responses due by 10/8/2010 (McCormick, James) (Entered: 09/21/2010) 45 ORDER granting 44 Motion to Seal Condential Documents. So Ordered by Judge William E. Smith on 9/22/2010. (Smith, Rana) (Entered: 09/22/2010)
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46 Sealed Document placed in Vault #3. (Smith, Rana) Modied on 9/22/2010 added document number (Smith, Rana). (Entered: 09/22/2010) NOTICE of Motion Hearing re: 34 RESPONSE in Opposition re 7 MOTION for Summary Judgment Awarding Century Contribution from Liberty Mutual And Cross-Motion for Summary Judgment by Liberty Mutual Insurance Company scheduled for 10/12/2010 at 11:00 AM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan) (Entered: 09/23/2010) 47 REPLY to Response to Motion re 34 Response in Opposition to Motion, Reply in Support of Cross-Motion for Summary Judgment (Dkt. No. 34) led by Liberty Mutual Insurance Company. (Attachments: # 1 Exhibit A)(Lepore, Ralph) (Entered: 09/28/2010) Reset Hearings re: Notice of Motion Hearing re: 34 RESPONSE in Opposition re 7 MOTION for Summary Judgment Awarding Century Contribution from Liberty Mutual And Cross-Motion for Summary Judgment by Liberty Mutual Insurance Company re-scheduled for 10/18/2010 at 2:30 PM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan) (Entered: 10/01/2010) Minute Entry for proceedings held before Judge William E Smith: Motion Hearing held on 10/18/2010 re 7 MOTION for Summary Judgment Awarding Century Contribution from Liberty Mutual led by Century Indemnity Company. (Alteieri, McCormick, Boutin, Nathanson, Lepore III, Maroney). Court addresses. Counsel identify themselves for the record. Arguments heard on Cross Motions for Summary Judgment. Court takes matter under advisement and will issue a written ruling. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 2:55 p.m.) (Urizandi, Nisshy) (Entered: 10/19/2010) 48 TRANSCRIPT REQUEST for proceedings held on 10/18/2010 before Judge Smith.. (McCormick, James) (Entered: 11/05/2010) 49 TRANSCRIPT of Cross-Motions for Summary Judgment held on October 18, 2010, before Judge William E. Smith. Court Reporter/Transcriber Anne M. Clayton, Telephone number 401-255-2310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER <P>NOTICE TO COUNSEL: Redaction Requests must be led for personal identiers only</A>. All other redactions must be requested by motion.</A>. Redaction Request due 12/14/2010. Redacted Transcript Deadline set for 12/27/2010. Release of Transcript Restriction set for 2/22/2011. (Clayton, Anne) (Entered: 11/23/2010) 50 OPINION AND ORDER granting 7 MOTION for Summary Judgment Awarding Century Contribution from Liberty Mutual led by Century Indemnity Company and denying 22 RESPONSE in Opposition and CrossMotion for Summary Judgment led by Liberty Mutual Insurance Company. So Ordered by Judge William E. Smith on 9/6/11. (Jackson, Ryan) (Entered:
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09/06/2011) 09/06/2011 51 JUDGMENT in favor of Century Indemnity Company against Liberty Mutual Insurance Company in the amount of $5,020,654.92. So Ordered by Deputy Clerk: Ryan H. Jackson on 9/6/11. (Jackson, Ryan) (Entered: 09/06/2011)
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CENTURY INDEMNITY COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY Docket

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CENTURY INDEMNITY COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY Docket

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United States District Court, District of Rhode Island

United States District Court, District of Rhode Island

United States District Court, District of Rhode Island

Liberty Mutual Insurance Company

Date Filed 06/29/2009

United States District Court, District of Rhode Island

United States District Court, District of Rhode Island

10/01/2009 10/02/2009 10/02/2009 10/05/2009

10/23/2009 10/23/2009 10/26/2009

United States District Court, District of Rhode Island

United States District Court, District of Rhode Island

United States District Court, District of Rhode Island

08/30/2010 08/30/2010 09/07/2010 09/15/2010

United States District Court, District of Rhode Island

United States District Court, District of Rhode Island

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