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APPEAL, CLOSED, SCR

United States District Court Middle District of Pennsylvania (Scranton) CIVIL DOCKET FOR CASE #: 3:09-cv-01747-ARC

Travelers Property Casualty Company of America v. Mericle et al Assigned to: Honorable A. Richard Caputo Case in other court: USCA for the Third Circuit, 10-03887 Cause: 28:1332 Diversity-Declaratory Judgement Plaintiff Travelers Property Casualty Company of America formerly known as The Travelers Indemnity Company of Illinois

Date Filed: 09/09/2009 Date Terminated: 08/31/2010 Jury Demand: None Nature of Suit: 110 Insurance Jurisdiction: Diversity

represented by Heather Tashman Fritts Stradley, Ronon, Stevens & Young, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 215.564.8076 Email: hfritts@stradley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Karl S. Myers Stradley Ronon Stevens & Young 2600 One Commerce Square Philadelphia, PA 19149 215-564-8193 Fax: 215-564-8120 Email: kmyers@stradley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel J. Arena , Jr. Stradley, Ronon, Stevens & Young, LLP 2600 Once Commerce Square Philadelphia, PA 19103-7098 215.564.8093 Email: sarena@stradley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Robert K. Mericle represented by Abby Kaplan Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921

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215-963-5834 Fax: 215-963-5001 Email: akaplan@morganlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Kimberly D. Borland Borland & Borland 69 Public Square 11th Floor Wilkes-Barre, PA 18701 570-822-3311 Email: kborland@borlandandborland.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Meredith Gatto Morgan, Lewis & Bockius LLP 1701 Market Street Philadelphia, PA 19103-2921 215-963-5249 Fax: 215-963-5001 Email: mgalto@morganlewis.com TERMINATED: 06/14/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard F. McMenamin Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103-2921 215-963-5596 Fax: 215-963-5001 Email: rmcmenamin@morganlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Victoria J. Miller Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103 215-963-5366 Email: vmiller@morganlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Meredith A. Galto Fox Rothschild LLP 200 Market Street 20th Floor

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Philadelphia, PA 19103-3222 216-299-2701 Fax: 216-299-2150 Email: mgalto@foxrothschild.com TERMINATED: 06/14/2010 Defendant Mericle Construction, Inc. represented by Abby Kaplan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kimberly D. Borland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Meredith Gatto (See above for address) TERMINATED: 06/14/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard F. McMenamin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Victoria J. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Meredith A. Galto (See above for address) TERMINATED: 06/14/2010 ATTORNEY TO BE NOTICED Counterclaim Plaintiff Robert K. Mericle represented by Abby Kaplan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kimberly D. Borland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Meredith Gatto

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(See above for address) TERMINATED: 06/14/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard F. McMenamin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Victoria J. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Counterclaim Plaintiff Mericle Construction, Inc. represented by Abby Kaplan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kimberly D. Borland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Meredith Gatto (See above for address) TERMINATED: 06/14/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard F. McMenamin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Victoria J. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Counterclaim Defendant Travelers Property Casualty Company of America formerly known as The Travelers Indemnity Company of Illinois represented by Heather Tashman Fritts (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Karl S. Myers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel J. Arena , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Counterclaim Plaintiff Robert K. Mericle represented by Richard F. McMenamin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Counterclaim Plaintiff Mericle Construction, Inc. represented by Richard F. McMenamin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Counterclaim Defendant Travelers Property Casualty Company of America formerly known as The Travelers Indemnity Company of Illinois represented by Heather Tashman Fritts (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Karl S. Myers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel J. Arena , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Counterclaim Plaintiff Robert K. Mericle represented by Richard F. McMenamin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Counterclaim Plaintiff Mericle Construction, Inc. represented by Richard F. McMenamin (See above for address) LEAD ATTORNEY

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ATTORNEY TO BE NOTICED V. Counterclaim Defendant Travelers Property Casualty Company of America formerly known as The Travelers Indemnity Company of Illinois represented by Heather Tashman Fritts (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Karl S. Myers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel J. Arena , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/09/2009

Docket Text

1 COMPLAINT against Robert K. Mericle, Mericle Construction, Inc. ( Filing fee $350, Receipt Number 1669280), filed by Travelers Property Casualty Company of America. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2)(bg, ) Modified on 9/10/2009 (bg, ). (Entered: 09/10/2009) Summons Issued as to Robert K. Mericle, Mericle Construction, Inc. and provided to Attorney Arena for service on Defendant(s). (bg, ) (Entered: 09/10/2009) 2 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Travelers Property Casualty Company of America. (Tashman, Heather) (Entered: 09/16/2009) 3 LETTER ORDER Re: Case Assignment and Procedures Signed by Honorable A. Richard Caputo on 10/7/09. (jam, ) (Entered: 10/08/2009) 4 AMENDED COMPLAINT FOR DECLARATORY RELIEF against all defendants, filed by Travelers Property Casualty Company of America. (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibit 2, # 3 Exhibit(s) Exhibit 3, # 4 Exhibit(s) Exhibit 4, # 5 Exhibit(s) Exhibit 5, # 6 Exhibit(s) Exhibit 6 (Part 1 of 2), # 7 Exhibit(s) Exhibit 6 (Part 2 of 2), # 8 Exhibit(s) Exhibit 7 (Part 1 of 2), # 9 Exhibit(s) Exhibit 7 (Part 2 of 2), # 10 Exhibit(s) Exhibit 8 (Part 1 of 2), # 11 Exhibit(s) Exhibit 8 (Part 2 of 2), # 12 Exhibit(s) Exhibit 9 (Part 1 of 2), # 13 Exhibit(s) Exhibit 9 (Part 2 of 2), # 14 Exhibit(s) Exhibit 10 (Part 1 of 2), # 15 Exhibit(s) Exhibit 10 (Part 2 of 2), # 16 Exhibit(s) Exhibit 11, # 17 Exhibit(s) Exhibit 12, # 18 Exhibit(s) Exhibit 13, # 19 Exhibit(s) Exhibit 14, # 20 Exhibit(s) Exhibit 15, # 21 Exhibit(s) Exhibit 16, # 22 Exhibit(s) Exhibit 17, # 23 Exhibit(s) Exhibit 18, # 24 Exhibit(s) Exhibit 19, # 25 Exhibit(s) Exhibit 20, # 26 Exhibit(s) Exhibit 21, # 27 Exhibit(s) Exhibit 22)(Tashman, Heather) (Entered: 11/18/2009)

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5 AFFIDAVIT of Service for Summons; Complaint; Amended Complaint; Rule 7.1 Corporate Disclosure Statement; Judge Caputo's Correspondence to Counsel dated 10-7-09 served on Richard McMenamin, Esquire on 11/20/2009, filed by Travelers Property Casualty Company of America. (Tashman, Heather) (Entered: 12/02/2009) 6 STIPULATION for Extension of Time to Respond to Complaint by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Dante, Alison) (Entered: 12/10/2009) 7 STIPULATION AND ORDER: Defts. Robert K. Mericle and Mericle Construction, Inc. shall Answer or otherwise plead to Plaintiff's Amended Complaint on or before 1/8/10.Signed by Honorable A. Richard Caputo on 12/15/09. (jam, ) (Entered: 12/15/2009) 8 MOTION to Appear Pro Hac Vice - Attorney Meredith Galto is seeking special admission. Filing fee $ 25, receipt number 03140000000001753493. by Robert K. Mericle, Mericle Construction, Inc..(Gatto, Meredith) (Entered: 12/21/2009) 9 SPECIAL ADMISSIONS FORM APPROVED as to Meredith Ann Galto, Esq., Motions terminated: 8 MOTION to Appear Pro Hac Vice - Attorney Meredith Galto is seeking special admission. Filing fee $ 25, receipt number 03140000000001753493. filed by Robert K. Mericle, Mericle Construction, Inc..Signed by Honorable A. Richard Caputo on 12/22/09. (jam, ) (Entered: 12/22/2009) DOCKET ANNOTATION: Meredith Ann Galto is confirmed and verified for special admission (bg, ) (Entered: 12/22/2009) 10 MOTION to Appear Pro Hac Vice - Attorney Richard McMenamin is seeking special admission. Filing fee $ 25, receipt number 03140000000001754864. by Robert K. Mericle, Mericle Construction, Inc..(McMenamin, Richard) (Entered: 12/23/2009) 11 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Heather Marla Tashman on behalf of Travelers Property Casualty Company of America Attorney Karl S. Myers is seeking special admission. Filing fee $ 25, receipt number 03140000000001758122.. (Tashman, Heather) (Entered: 12/29/2009) SPECIAL ADMISSION AND ECF REGISTRATION FORM SENT to Karl Myers (pjr) (Entered: 12/30/2009) DOCKET ANNOTATION: Attorney Richard F. McMenamin is confirmed and verified for Special Admission (bg, ) (Entered: 12/30/2009) DOCKET ANNOTATION: Attorney Karl Stewart Myers is confirmed and verified for Special Admission (bg, ) (Entered: 12/30/2009) 12 SPECIAL ADMISSIONS FORM APPROVED as to Richard F. McMenamin, Esq., Motions terminated: 10 MOTION to Appear Pro Hac Vice - Attorney Richard McMenamin is seeking special admission. Filing fee $ 25, receipt number 03140000000001754864. filed by Robert K. Mericle, Mericle Construction, Inc..Signed by Honorable A. Richard Caputo on 12/30/09. (jam, ) (Entered: 12/30/2009) 13 Unopposed MOTION to Exceed Page Limitation by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Proposed Order)(Gatto, Meredith) (Entered: 01/06/2010)

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14 MOTION to Appear Pro Hac Vice - Attorney Victoria Miller is seeking special admission. Filing fee $ 25, receipt number 03140000000001764093. by Robert K. Mericle, Mericle Construction, Inc..(Miller, Victoria) (Entered: 01/06/2010) 15 SPECIAL ADMISSIONS FORM APPROVED as to Karl S. Myers.Signed by Honorable A. Richard Caputo on 1/7/2010. (bg, ) (Entered: 01/07/2010) 16 ORDER granting 13 Motion for Leave to File Excess Pages. Defendants may file a brief in support of their motion, not to exceed 35 pages. Signed by Honorable A. Richard Caputo on 1/8/10 (jam, ) (Entered: 01/08/2010) 17 Mericle Defendants' ANSWER to 4 Amended Complaint,,,,, COUNTERCLAIM against Travelers Property Casualty Company of America by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Certificate of Service)(Miller, Victoria) (Entered: 01/08/2010) 18 MOTION for Summary Judgment by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Certificate of Service, # 3 Appendix, # 4 Exhibit(s) 1A-1M, # 5 Exhibit(s) 2-4, # 6 Exhibit(s) 5-6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8-9, # 9 Exhibit(s) 10-11, # 10 Exhibit(s) 12-16, # 11 Exhibit(s) 17-19, # 12 Exhibit(s) 20-21, # 13 Exhibit(s) 22-24, # 14 Exhibit(s) 25-27, # 15 Statement of Material Facts, # 16 Proposed Order)(Miller, Victoria) (Entered: 01/08/2010) 19 BRIEF IN SUPPORT of Motion for Summary Judgment And To Stay Plaintiff's Claim That It Has No Duty To Indemnify re 18 MOTION for Summary Judgment filed by Robert K. Mericle, Mericle Construction, Inc..(Miller, Victoria) (Entered: 01/08/2010) 20 STATEMENT OF FACTS in Support of Motion for Summary Judgment filed by Robert K. Mericle, Mericle Construction, Inc..(Miller, Victoria) (Entered: 01/08/2010) 21 MOTION to Appear Pro Hac Vice - Attorney Abby Kaplan is seeking special admission. Filing fee $ 25, receipt number 03140000000001775380. by Robert K. Mericle, Mericle Construction, Inc..(Kaplan, Abby) (Entered: 01/20/2010) 22 SPECIAL ADMISSIONS FORM APPROVED as to Abby Jane Kaplan, Esquire. Signed by Honorable A. Richard Caputo on 1/22/10. (jam, ) (Entered: 01/22/2010) 23 STIPULATION re 17 Answer to Amended Complaint, Counterclaim, 20 Statement of Facts, 19 Brief in Support, 18 MOTION for Summary Judgment STIPULATION FOR EXTENSION OF TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS' COUNTERCLAIM AND MOTION FOR PARTIAL SUMMARY JUDGMENT AND FOR A STAY by Travelers Property Casualty Company of America. (Attachments: # 1 Proposed Order Proposed Order, # 2 Certificate of Service)(Myers, Karl) (Entered: 01/22/2010) 24 Order approving Stipulation for Extension of Time (Doc. 23). Plaintiff shall answer or otherwise plead to Defendants' Counterclaim and shall respond to Defendants' Motion for Partial Summary Judgment and for a Stay on or before 2/11/10. Signed by Honorable A. Richard Caputo on 1/25/10. (jam, ) (Entered: 01/25/2010) 25 SPECIAL ADMISSIONS FORM APPROVED as to Victoria J. Miller, Esquire. Signed by Honorable A. Richard Caputo on 2/1/10. (jam, ) (Entered: 02/02/2010) 26 Unopposed MOTION to Exceed Page Limitation by Travelers Property Casualty Company of America. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)

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(Myers, Karl) (Entered: 02/05/2010) 02/08/2010 27 ORDER granting 26 Motion for Leave to File Excess Pages. Plaintiff is granted leave of COurt to file a brief in opposition to Defendants' Motion for Partial Summary Judgment and for a Stay and in support of Plaintiff's Motion for Summary Judgment of no more than 60 pages in length. Signed by Honorable A. Richard Caputo on 2/8/10 (jam, ) (Entered: 02/08/2010) 28 ANSWER to 17 Answer to Amended Complaint, Counterclaim by Travelers Property Casualty Company of America. (Attachments: # 1 Certificate of Service)(Myers, Karl) (Entered: 02/11/2010) 29 Cross MOTION for Summary Judgment PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND FOR A STAY by Travelers Property Casualty Company of America. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence, # 3 Certificate of Service)(Myers, Karl) (Entered: 02/11/2010) 30 BRIEF IN SUPPORT MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND FOR A STAY re 29 Cross MOTION for Summary Judgment PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND FOR A STAY, 18 MOTION for Summary Judgment filed by Travelers Property Casualty Company of America.(Myers, Karl) (Entered: 02/11/2010) 31 ANSWER TO STATEMENT OF FACTS re 20 Statement of Facts filed by Travelers Property Casualty Company of America.(Myers, Karl) (Entered: 02/11/2010) 32 STATEMENT OF FACTS re 29 Cross MOTION for Summary Judgment PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND FOR A STAY, 30 Brief in Support, filed by Travelers Property Casualty Company of America. (Attachments: # 1 Exhibit(s) A - Master Class Complaint, # 2 Exhibit(s) B - Master Individual Complaint, # 3 Exhibit(s) C - Appendix of Policy Provisions)(Myers, Karl) (Entered: 02/11/2010) 33 STIPULATION to Extend Time for Single Responsive Brief by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Proposed Stipulated Order)(McMenamin, Richard) (Entered: 02/19/2010) 34 Order approving re 29 Cross MOTION for Summary Judgment PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND FOR A STAY, Set/Reset Deadlines as to 29 Cross MOTION for Summary Judgment PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND FOR A STAY. Brief in Opposition due by 3/15/2010Signed by Honorable A. Richard Caputo on 02/25/10. (ep, ) (Entered: 02/25/2010) 35 Amended COUNTERCLAIM against Travelers Property Casualty Company of America, Amended COUNTERCLAIM against Travelers Property Casualty Company of America, filed by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Exhibit(s) 1-5)(McMenamin, Richard) Modified on 3/9/2010 (jam, ). Modified on

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3/17/2010 (jam, ). (Entered: 03/04/2010) 03/09/2010 36 *** VACATED BY ORDER DATED 3/17/10 (Doc. 41) *** ORDER: IT IS HEREBY ORDERED that the Defendant Robert K. Mericle and Mericle Construction, Inc.'s Amended Counterclaim to Plaintiff's Amended Complaint (Doc. 35) is stricken from the record on the basis of the parties' failure to comply with Fed. R. Civ. P. 15. Signed by Honorable A. Richard Caputo on 3/9/10. (jam, ) Modified on 3/17/2010 (jam, ). (Entered: 03/09/2010) 37 MOTION to Exceed Page Limitation by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order, # 3 Certificate of Service)(McMenamin, Richard) (Entered: 03/10/2010) 38 ORDER granting 37 Motion for Leave to File Excess Pages. Defendants may file a brief in support of their motion, not to exceed 35 pages. Signed by Honorable A. Richard Caputo on 3/10/10 (jam, ) (Entered: 03/10/2010) 39 Unopposed MOTION for Extension of Time to File Brief in Response to Plaintiff's Cross Motion for Summary Judgment and in Further Support of Defendants' Motion for Summary Judgment filed by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(McMenamin, Richard) (Entered: 03/12/2010) 40 ORDER granting 39 Motion for Extension of Time to File Response/Reply re 18 MOTION for Summary Judgment, 29 Cross MOTION for Summary Judgment PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND FOR A STAY Brief in Opposition due by 3/22/2010 Reply Brief due by 3/22/2010.Signed by Honorable A. Richard Caputo on 3/15/10 (jam, ) (Entered: 03/15/2010) 41 ORDER: IT IS HEREBY ORDERED that this Court's Order (Doc. 36) dated March 9, 2010 be and hereby is VACATED. Signed by Honorable A. Richard Caputo on 3/17/10. (jam, ) (Entered: 03/17/2010) 42 MOTION for Extension of Time to Respond to Defendants' Amended Counterclaim by Travelers Property Casualty Company of America(formerly known as The Travelers Indemnity Company of Illinois). (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence, # 3 Certificate of Service)(Tashman, Heather) (Entered: 03/17/2010) 43 ORDER granting 42 Motion to Extend Time to Respond to Amended Counterclaim. Plaintiff shall respond to the Amended Counterclaim of Defendants on or before 3/25/10. Signed by Honorable A. Richard Caputo on 3/18/10 (jam, ) (Entered: 03/18/2010) 44 Unopposed MOTION for Extension of Time to File Brief Combined Brief Addressing Parties' Summary Judgment Motions and For Extension of Time and Page Limits filed by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(McMenamin, Richard) (Entered: 03/19/2010) 45 ORDER granting 44 Motion for Extension of Time to File Response/Reply re 29 Cross MOTION for Summary Judgment PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND FOR A STAY. On or before 3/29/10 the Mericle Defendants may file a combined brief no longer than 60 pages. See Order for specific

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details. Signed by Honorable A. Richard Caputo on 3/22/10 (jam, ) (Entered: 03/22/2010) 03/25/2010 46 ANSWER to 35 Counterclaim,,, ANSWER AND DEFENSES OF PLAINTIFF TO THE AMENDED COUNTERCLAIM OF DEFENDANTS by Travelers Property Casualty Company of America(formerly known as The Travelers Indemnity Company of Illinois). (Attachments: # 1 Certificate of Service)(Myers, Karl) (Entered: 03/25/2010) 47 ANSWER TO STATEMENT OF FACTS in support of Travelers' Motion for Summary Judgment filed by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Certificate of Service)(McMenamin, Richard) (Entered: 03/29/2010) 48 MOTION for Summary Judgment on Defendants' Amended Counterclaim by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence, # 3 Certificate of Service)(McMenamin, Richard) (Entered: 03/29/2010) 49 STATEMENT OF FACTS In Support Of Defendants' Motion For Summary Judgment On Their Amended Counterclaim by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Exhibit(s) 1N)(McMenamin, Richard) (Entered: 03/29/2010) 50 BRIEF IN SUPPORT re 29 Cross MOTION for Summary Judgment PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND FOR A STAY, 48 MOTION for Summary Judgment on Defendants' Amended Counterclaim, 18 MOTION for Summary Judgment filed by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Unpublished Opinion(s))(McMenamin, Richard) (Entered: 03/29/2010) 51 Unopposed MOTION leave to file a combined summary judgment brief no longer than 50 pages in length on or before April 26, 2010 UNOPPOSED MOTION FOR LEAVE TO FILE A COMBINED BRIEF IN CONNECTION WITH THE PARTIES SUMMARY JUDGMENT MOTIONS AND FOR EXTENSION OF TIME AND PAGE LIMITS by Travelers Property Casualty Company of America. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence, # 3 Certificate of Service)(Myers, Karl) (Entered: 04/06/2010) 52 ORDER granting 51 Plaintiff's Motion for Leave to File a Combined Brief in Connection with the Parties' Summary Judgment Motions and for Extension of Time and Page Limits. Plaintiff is granted leave of Court to file a combined brief no longer than 50 pages on or before 4/26/10. Signed by Honorable A. Richard Caputo on 4/7/10 (jam, ) (Entered: 04/07/2010) 53 MOTION for Summary Judgment PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANTS' AMENDED COUNTERCLAIM AND OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON DEFENDANTS' AMENDED COUNTERCLAIM by Travelers Property Casualty Company of America. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence, # 3 Certificate of Service)(Myers, Karl) (Entered: 04/26/2010) 54 BRIEF IN SUPPORT MEMORANDUM OF LAW IN FURTHER SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT, IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT ON DEFENDANTS AMENDED COUNTERCLAIM, AND IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT ON DEFENDANTS AMENDED COUNTERCLAIM re 48

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MOTION for Summary Judgment on Defendants' Amended Counterclaim filed by Travelers Property Casualty Company of America. (Attachments: # 1 Unpublished Opinion(s))(Myers, Karl) (Entered: 04/26/2010) 04/26/2010 04/26/2010 55 ANSWER TO STATEMENT OF FACTS re 49 Statement of Facts filed by Travelers Property Casualty Company of America.(Myers, Karl) (Entered: 04/26/2010) 56 STATEMENT OF FACTS re 32 Statement of Facts, filed by Travelers Property Casualty Company of America. (Attachments: # 1 Exhibit(s) D - Clark Complaint)(Myers, Karl) (Entered: 04/26/2010) 57 STIPULATION Regarding Remaining Summary Judgment Briefing Schedule by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Proposed Stipulated Order)(McMenamin, Richard) (Entered: 05/06/2010) 58 STIPULATION AND ORDER: Mericle shall file a single brief in opposition to Travelers' Motion for Summary Judgment on Mericle's Amended Counterclaim and in Further Support of Mericle's Motion for Summary Judgment on their Amended Counterclaim on or bfore 5/17/10. Travelers shall file a reply in further support of its Motion for Summary Judgment on Mericle's Amended Counterclaim on or before 6/7/10. Signed by Honorable A. Richard Caputo on 5/7/10. (jam, ) (Entered: 05/07/2010) 59 BRIEF IN OPPOSITION re 53 MOTION for Summary Judgment PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANTS' AMENDED COUNTERCLAIM AND OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON DEFENDANTS' AMENDED COUNTERCLAIM and Reply in Further Support of Mericle Defendants' Motion for Summary Judgment on Mericle Defendants' Amended Counterclaim filed by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Certificate of Service, # 2 Certificate of Word Count Compliance)(McMenamin, Richard) (Entered: 05/17/2010) 60 STATEMENT OF FACTS Answer to Travelers' Statement of Material Facts in Support of Its Motion for Summary Judgment on Mericle's Amended Counterclaim filed by Robert K. Mericle, Mericle Construction, Inc..(McMenamin, Richard) (Entered: 05/17/2010) 61 Unopposed MOTION to Exceed Page Limitation UNOPPOSED MOTION OF PLAINTIFF TO EXCEED WORD COUNT FOR BRIEF by Travelers Property Casualty Company of America. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence, # 3 Certificate of Service)(Myers, Karl) (Entered: 06/02/2010) 62 ORDER granting 61 Motion for Leave to File Excess Pages. Plaintiff is granted leave of Court to file a reply brief in further support of its Motion for Summary Judgment on Defendants' Amended Counterlcaim of no more than 6,500 words in length. Signed by Honorable A. Richard Caputo on 6/3/10 (jam, ) (Entered: 06/03/2010) 63 REPLY BRIEF re 53 MOTION for Summary Judgment PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANTS' AMENDED COUNTERCLAIM AND OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON DEFENDANTS' AMENDED COUNTERCLAIM filed by Travelers Property Casualty Company of America. (Attachments: # 1 Certificate of Word Count, # 2 Certificate of Service)(Myers, Karl) (Entered: 06/07/2010)

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64 REQUEST for Oral Argument by Robert K. Mericle, Mericle Construction, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(McMenamin, Richard) (Entered: 06/09/2010) 65 MOTION to Withdraw as Attorney by Robert K. Mericle, Mericle Construction, Inc..(Galto, Meredith) (Entered: 06/11/2010) 66 ORDER granting 65 Motion to Withdraw as Attorney. Signed by Honorable A. Richard Caputo on 6/14/2010 (bg, ) (Entered: 06/14/2010) 67 SCHEDULING ORDER: IT IS HEREBY ORDERED that oral argument on the four summary judgment motions pending before the Court will be held on 8/10/2010 10:00 AM in Wilkes-Barre - Courtroom 1 before Honorable A. Richard Caputo.Signed by Honorable A. Richard Caputo on 7/15/10. (jam, ) (Entered: 07/15/2010) 68 NOTICE: PLEASE TAKE NOTICE that the LOCATION of the HEARING on Summary Judgment Motions scheduled for 8/10/10 at 10:00 a.m. in this case has been CHANGED as follows: William J. Nealon Federal Building and United States Courthouse, Scranton.(jam, ) (Entered: 08/06/2010) 69 COURT REPORTER NOTES OF PROCEEDINGS filed by Diana Gilbride (570-498-7552) of Hearing on Motion for Summary Judgment before Judge Caputo on August 10, 2010. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Caputo on August 10, 2010. By s/ Diana Gilbride. (Court Reporter Notes are viewable by court staff only). (cr1, ) (Entered: 08/10/2010) 71 MEMORANDUM AND ORDER granting 29 Motion for Summary Judgment; denying 48 Motion for Summary Judgment; granting 53 Motion for Summary Judgment; denying 18 Motion for Summary Judgment. IT IS HEREBY ORDERED that:(1)The Motion for Summary Judgment by Defendants Robert K. Mericle and Mericle Construction, Inc. (Doc. 18) is DENIED.(2) The Cross-Motion for Summary Judgment by Plaintiff Travelers Property Casualty Company of America (Doc. 29) is GRANTED. (3)The Motion for Summary Judgment on Defendants Amended Counter Claim filed by Defendants (Doc. 48) is DENIED. (4)The Motion for Summary Judgment on Defendants Amended Counter Claim filed by Plaintiff (Doc. 53) is GRANTED. (5)JUDGMENT IS ENTERED in favor of Plaintiff.(6)The Clerk of Court shall mark this case as CLOSED. Signed by Honorable A. Richard Caputo on 8/31/10 (jam, ) (Entered: 08/31/2010) 72 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of proceedings held on August 10, 2010, before Judge Caputo. Court Reporter Diana Gilbride, Telephone number (570)498-7552. 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 10/1/2010. Redacted Transcript Deadline set for 10/12/2010. Release of Transcript Restriction set for 12/9/2010. (cr1, ) (Entered: 09/10/2010) 73 NOTICE OF APPEAL in non-prisoner Case as to 71 Order on Motion for Summary Judgment,,,,,,,,,,,,,,, by Robert K. Mericle, Mericle Construction, Inc.. Filing Fee and Docket Fee PAID. Filing fee $ 455, receipt number 03140000000001985110. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries.

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(McMenamin, Richard) (Additional attachment(s) added on 9/27/2010: # 1 correct image) (bg, ). (Entered: 09/20/2010) 09/27/2010 Supplemental Record on Appeal transmitted to US Court of Appeals re 73 Notice of Appeal,,. Documents and Docket Sheet available through ECF. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (bg, ) (Entered: 09/27/2010) 74 TRANSCRIPT PURCHASE ORDER REQUEST by Robert K. Mericle, Mericle Construction, Inc. for proceedings held on 08/10/2010 before Judge Caputo, (McMenamin, Richard) (Entered: 09/28/2010) 75 NOTICE OF DOCKETING FROM USCA FOR THE THIRD CIRCUIT for 73 Notice of Appeal filed by Robert K. Mericle and Mericle Construction, Inc.. USCA Case Number: 10-3887. USCA Case Manager: Anthony Infante. (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (Infante, Anthony) (Entered: 09/29/2010) 76 TRANSCRIPT PURCHASE ORDER REQUEST by Robert K. Mericle, Mericle Construction, Inc. for proceedings held on 8/10/2010 before Judge Caputo, (McMenamin, Richard) (Entered: 10/13/2010)

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Transaction Receipt
06/13/2012 14:33:11 PACER Login: jd3502 Description: Billable Pages: 12 Client Code: Cost: dewhurst 1.20 Docket Report Search Criteria: 3:09-cv-01747-ARC

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