Penn General v. Churchill & Banks Document 70
Filed December 12, 2005
Back to Penn General v. Churchill & Banks ,
Rhode Island District Court
Case No. 1:04-cv-00048-T
Stipulation of Dismissal by Churchill & Banks, LTD., Churchill & Banks, LLC, Cottage Plaza, LLC, J.H. Lynch & Sons. Signed by Judge Ernest C. Torres on 12/08/05; faxed to all counsel of record (Jackson, Ryan)
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1 (2/17/2004): COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 56514 (McCabe, F)
3 (3/11/2004): Stipulation allowing the Defendants up to and including 4/7/04 to file an answer or otherwise respond to the Plaintiffs' Complaint (Jackson, R)
4 (4/9/2004): Stipulation allowing the Defendants up to and including 4/21/04 to file an answer or otherwise respond to Plaintiff's Complaint (signed by Judge Ernest C. Torres) faxed to all counsel of...
5 (4/21/2004): Stipulation allowing Defendants to and including 5/5/04 to file an answer or otherwise respond to the Plaintiff's complaint [faxed to all counsel of record] (Jackson, R)
7 (5/3/2004): Terminated: - MOTION by Penn General, Safeguard Insurance for Matthew F. Noone to Appear Pro Hac Vice (Fernandes, D)
8 (5/6/2004): ANSWER to Complaint by Churchill & Banks, Cottage Plaza, LLC (Attorney Faith A. LaSalle); jury demand (Fernandes, D)
-- (5/18/2004): Motion(s) referred to Judge Torres: [7-1] motion for Matthew F. Noone to Appear Pro Hac Vice (Jackson, R)
9 (6/23/2004): Motion to Appear Pro Hac Vice - MOTION by Penn General for Matthew F. Noone to Appear Pro Hac Vice (Fernandes, D)
-- (7/8/2004): Motion(s) referred to Judge Torres: [9-1] motion for Matthew F. Noone to Appear Pro Hac Vice (Fernandes, D)
10 (7/8/2004): ORDER granting [9-1] motion for Matthew F. Noone to Appear Pro Hac Vice Matthew F. Noone added to the database. (signed by Judge Ernest C. Torres) [faxed to counsel of record] (Fernande...
11 (7/21/2004): SCHEDULING ORDER setting Discovery cutoff 5/1/05 ; Deadline for filing of all motions 5/1/05 ; Pretrial Memorandum Deadline 7/1/05; (signed by Judge Ernest C. Torres) [mailed to all co...
-- (11/4/2004): Deadline updated; reset Discovery deadline to 7/1/05 , reset Motion Filing deadline to 7/1/05 , reset Pretrial Memorandum Deadline to 9/1/05 (Jackson, R)
13 (11/10/2004): Terminated: - MOTION and Memo by Churchill & Banks, Cottage Plaza, LLC for Leave to File Thrid Party Action against J.H. Lynch & Sons, Inc. [Third Party Complaint attached] (Fernande...
-- (11/26/2004): Motion(s) referred to Judge Torres: [13-1] motion for Leave to File Thrid Party Action against J.H. Lynch & Sons, Inc. (Jackson, R)
14 (12/14/2004): ORDER granting [13-1] motion for Leave to File Thrid Party Action against J.H. Lynch & Sons, Inc. ( signed by Judge Ernest C. Torres ) [faxed to all counsel of record] (Jackson, R)
15 (12/20/2004): THIRD-PARTY COMPLAINT by Churchill & Banks, Cottage Plaza, LLC against J.H. Lynch & Sons (Jackson, R)
17 (12/29/2004): ANSWER by J.H. Lynch & Sons to [15-1] third-party complaint (Fernandes, D)
20 (1/7/2005): Terminated: - MOTION by Penn General, Safeguard Insurance to Compel Complete Responses to Requests for Production of Documents (Fernandes, D)
21 (1/19/2005): OBJECTION by Churchill & Banks, Cottage Plaza, LLC to [20-1] motion to Compel Complete Responses to Requests for Production of Documents (Fernandes, D)
22 (1/19/2005): Motion for Extension of Time - ASSENTED TO MOTION by Penn General, Safeguard Insurance, Churchill & Banks, Cottage Plaza, LLC to Enlarge Time to File Memorandum of Law in Support of De...
-- (1/21/2005): Motion(s) referred to Judge Torres: [22-1] assented-to motion to Enlarge Time to File Memorandum of Law in Support of Defendants' Objection to Plaintiffs' Motion to Compel (Jackson, R)
23 (1/25/2005): ORDER granting [22-1] joint motion to Enlarge Time to File Memorandum of Law in Support of Defendants' Objection to Plaintiffs' Motion to Compel up to and including 1/27/05 (signed by ...
-- (1/28/2005): Motion(s) referred: [20-1] motion to Compel Complete Responses to Requests for Production of Documents referred to Magistrate Judge Lincoln D. Almond (Jackson, R)
24 (1/31/2005): Terminated: - MOTION and Memorandum by Penn General, Safeguard Insurance to Amend [1-1] complaint to Assert a Nuisance Claim Against the Defendants (Fernandes, D)
-- (2/2/2005): Motion hearing re: [20-1] motion to Compel Complete Responses to Requests for Production of Documents at 10:00 2/10/05 before MJ Almond (Theall, J)
25 (2/2/2005): Memorandum in Support - MEMORANDUM by Churchill & Banks, Cottage Plaza, LLC in support of [21-1] motion response (Fernandes, D)
26 (2/4/2005): Terminated: - ASSENTED TO MOTION by Penn General, Safeguard Insurance, Churchill & Banks, Cottage Plaza, LLC to Enlarge Time up to and Including 2/2/05 to Allow Defendants to File Thei...
27 (2/8/2005): RESPONSE by Penn General, Safeguard Insurance to [21-1] motion response (Fernandes, D)
28 (2/8/2005): AFFIDAVIT of Matthew F. Noone, Esq. Re: [27-1] opposition response (Fernandes, D)
-- (2/9/2005): Motion(s) referred: [26-1] joint motion to Enlarge Time up to and Including 2/2/05 to Allow Defendants to File Their Memorandum of Law in Support of Their Objection to Plaintiffs' Motio...
29 (2/9/2005): ORDER granting [26-1] joint motion to Enlarge Time up to and Including 2/2/05 to Allow Defendants to File Their Memorandum of Law in Support of Their Objection to Plaintiffs' Motion to ...
-- (2/10/2005): Motion hearing re: [20-1] motion to Compel Complete Responses to Requests for Production of Documents Motion hearing held before MJ Almond (Noone, Barkett-Petty, LaSalle) Attys argue; ...
30 (2/10/2005): Minute entry: Plaintiffs' Motion to Compel Complete Responses to Requests for Production of Documents from Defendants before MJ Almond (Theall, J)
-- (2/15/2005): Motion(s) referred to Judge Torres: [24-1] motion to Amend [1-1] complaint to Assert a Nuisance Claim Against the Defendants (Jackson, R)
32 (2/16/2005): Terminated: - MOTION and Brief by Penn General, Safeguard Insurance to Compel Further Discovery of Defendants' Cause and Origin Experts (Fernandes, D)
33 (2/18/2005): ORDER granting in part, denying in part [20-1] motion to Compel Complete Responses to Requests for Production of Documents ( signed by Magistrate Judge Lincoln D. Almond ) faxed to cou...
34 (2/22/2005): ORDER granting [24-1] motion to Amend [1-1] complaint to Assert a Nuisance Claim Against the Defendants, in the absence of an objection and based on the representation that no further ...
35 (3/1/2005): Motion for Extension of Time - JOINT MOTION by Penn General, Safeguard Insurance, Churchill & Banks, Cottage Plaza, LLC to Enlarge Time up to and including 3/7/05 to file their Memorand...
36 (3/1/2005): OBJECTION by Churchill & Banks, Cottage Plaza, LLC to [32-1] motion to Compel Further Discovery of Defendants' Cause and Origin Experts (Fernandes, D)
-- (3/3/2005): Motion(s) referred: [35-1] joint motion to Enlarge Time up to and including 3/7/05 to file their Memorandum of Law in support of their Objection to Plaintffs' Motion to Compel referred ...
37 (3/7/2005): MEMORANDUM by Churchill & Banks, Cottage Plaza, LLC in support of [36-1] their Objection to the Plaintiff's Motion to Compel further discovery of Defendants' Fire Investigators (Jackson...
38 (3/9/2005): Answer - ANSWER by Churchill & Banks, Cottage Plaza, LLC (Attorney Faith LaSalle) to amended complaint; jury demand (Jackson, R)
39 (3/11/2005): ORDER granting [35-1] joint motion to Enlarge Time up to and including 3/7/05 to file their Memorandum of Law in support of their Objection to Plaintffs' Motion to Compel ( signed by M...
-- (3/17/2005): Motion hearing re: [32-1] motion to Compel Further Discovery of Defendants' Cause and Origin Experts at 10:00 3/25/05 before MJ Almond (Theall, J)
-- (3/17/2005): Motion hearing re: [32-1] motion to Compel Further Discovery of Defendants' Cause and Origin Experts at 10:00 4/7/05 moved from 3/25/05 per Atty Noone (Theall, J)
40 (3/18/2005): Terminated: - MOTION and MEMO by Penn General, Safeguard Insurance to Amend [1-1] complaint (Gilfillan, B)
41 (3/25/2005): Notice to Take Deposition - NOTICE by Penn General, Safeguard Insurance to take deposition of Person Most Knowledgeable at Cottage Plaza on 4/7/05 after hearing on Motion to Compel (Ja...
42 (3/25/2005): Notice to Take Deposition - NOTICE by Penn General, Safeguard Insurance to take deposition of Person Most Knowledgeable at Cottage Plaza on 4/7/05 after hearing on Motion to Compel (Ja...
43 (3/29/2005): Amended Complaint - FIRST AMENDED COMPLAINT by Penn General, Safeguard Insurance, (Answer due 4/15/05 for Cottage Plaza, LLC, for Churchill & Banks) amending [1-1] complaint (Jackson, ...
-- (4/4/2005): Motion(s) referred to Judge Torres: [40-1] motion to Amend [1-1] complaint (Jackson, R)
-- (4/7/2005): Motion hearing re: [32-1] motion to Compel Further Discovery of Defendants' Cause and Origin Experts Motion hearing held before MJ Almond (Uriati, Noone, LaSalle) Attys argue; Court tak...
44 (4/7/2005): Minute entry: Plaintiff's Motion to Compel Further Discovery of Defendants' Cause and Origin Experts before MJ Almond on 4/7/05 (Theall, J)
46 (4/11/2005): MEMORANDUM and ORDER denying [32-1] motion to Compel Further Discovery of Defendants' Cause and Origin Experts ( signed by Magistrate Judge Lincoln D. Almond ) faxed to counsel (Theall...
47 (4/12/2005): ORDER granting [40-1] motion to Amend [1-1] complaint in the absence of an objection (signed by Judge Ernest C. Torres) [faxed to all counsel of record] (Jackson, R)
48 (4/15/2005): Amended Complaint - SECOND AMENDED COMPLAINT by Penn General, Safeguard Insurance , (Answer due 5/2/05 for Cottage Plaza, LLC, for Churchill & Banks ) amending [43-1] amended complaint...
49 (5/3/2005): Answer - ANSWER by Churchill & Banks (Attorney Faith LaSalle) to amended complaint; jury demand (Jackson, R)
50 (5/3/2005): Answer - ANSWER by Cottage Plaza, LLC (Attorney Faith LaSalle) to amended complaint; jury demand (Jackson, R)
-- (5/25/2005): Motion(s) referred to Judge Torres: [51-1] motion to Enlarge Time of the Defendants' Disclosure of Experts and Statement of Reasons for 1 week (Jackson, R)
51 (5/25/2005): Motion for Extension of Time - ASSENTED-TO MOTION by Churchill & Banks, Cottage Plaza, LLC to Enlarge Time of the Defendants' Disclosure of Experts and Statement of Reasons for 1 week ...
52 (5/31/2005): ORDER granting [51-1] motion to Enlarge Time of the Defendants' Disclosure of Experts and Statement of Reasons for 1 week (signed by Judge Ernest C. Torres) [faxed to all counsel of re...
53 (6/27/2005): Terminated: - MOTION for Alternative Service WITH ATTACHED MEMO by Churchill & Banks, Cottage Plaza, LLC. Responses due by 7/11/2005 (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3...
54 (6/30/2005): Terminated: - MOTION for Extension of Time to Complete Discovery up to and including August 15, 2005WITH ATTACHED MEMO by Churchill & Banks, Cottage Plaza, LLC. Responses due by 7/14...
-- (7/5/2005): NOTICE of Hearing:Summary Judgment Conference set for 8/10/2005 10:00 AM in Chambers 214 before Ernest C Torres. (Jackson, Ryan)
-- (7/6/2005): Set/Reset Hearings: re Notice of Hearing Summary Judgment Conference set for 8/11/2005 10:30 AM in Chambers 214 before Ernest C Torres. (Jackson, Ryan)
55 (7/7/2005): Response in Opposition to Motion - RESPONSE in Opposition re [54] MOTION for Extension of Time to Complete DiscoveryWITH ATTACHED MEMO filed by Pennsylvania General Insurance Company, ...
-- (7/8/2005): [54] MOTION for Extension of Time to Complete Discovery REFERRED to Judge Torres. (Leyva, Lucia)
-- (7/15/2005): [53] MOTION for Service by Publication REFERRED to Magistrate Judge Almond. (Farrell Pletcher, Paula)
56 (7/19/2005): ORDER granting [53] Motion for Service by Publication. Signed by Magistrate Judge Lincoln D. Almond on 7/19/05. (Theall, Jeannine)
57 (7/22/2005): ORDER granting in part and denying in part [54] Motion for Extension of Time to Complete Discovery . Signed by Judge Ernest C Torres on 07/22/05. (Jackson, Ryan)
58 (7/27/2005): ORDER REFERRING CASE to Alternative Dispute Resolution. Signed by Judge Ernest C. Torres on July 26, 2005. Faxed to all counsel of record(Leyva, Lucia) Modified on 7/27/2005 - Notific...
-- (9/1/2005): Minute Entry for proceedings held before Judge Ernest C Torres : Summary Judgment Conference held on 9/1/2005; 3rd Party Plaintiff: Faith LaSalle; 3rd Party Defendant: Robert Quigley, S...
-- (9/12/2005): [60] MOTION for Extension of Time to File REFERRED to Judge Torres. (Jackson, Ryan)
59 (9/12/2005): SCHEDULING ORDER setting deadlines for filing of Motion to Dismiss and responses. Signed by Judge Ernest C. Torres on 09/09/05. (faxed to all counsel of record)(Jackson, Ryan) Modifie...
60 (9/12/2005): Motion for Extension of Time - MOTION for Extension of Time to File a Motion to Dismiss the Third Party Action and Statement of ReasonsWITH ATTACHED MEMO by Churchill & Banks, Churchi...
61 (9/12/2005): ORDER granting [60] Motion for Extension of Time to File . Signed by Judge Ernest C Torres on 09/12/05. (faxed to all counsel of record) (Jackson, Ryan)
62 (9/19/2005): Terminated: - MOTION for Further Extension of Time to File Motion to Dismiss the Third Party Action and Statement of ReasonsWITH ATTACHED MEMO by Churchill & Banks, Churchill & Banks...
-- (9/21/2005): Motions Referred - [62] MOTION for Extension of Time to File REFERRED to Judge Torres. (Jackson, Ryan)
64 (9/23/2005): Motion for Extension of Time - MOTION for Further Extension of Time to File Motion to Dismiss the Third Party Action and Statement of ReasonsWITH ATTACHED MEMO by Churchill & Banks, C...
-- (9/27/2005): [64] MOTION for Extension of Time to File REFERRED to Judge Torres. (Jackson, Ryan)
65 (9/27/2005): ORDER granting [62] Motion for Extension of Time to File ; no further extensions will be granted. Signed by Judge Ernest C. Torres on 09/27/05. (faxed to all counsel of record) (Jackso...
66 (10/3/2005): Terminated: - MOTION to Dismiss the Third Party Action Without Prejudice WITH ATTACHED MEMO by Churchill & Banks, LTD. and Cottage Plaza, LLC. Responses due by 10/20/2005 (Attachmen...
67 (10/4/2005): ORDER granting [64] Motion for Extension of Time to File . Signed by Judge Ernest C. Torres on 10/04/05; faxed to all counsel of record (Jackson, Ryan)
68 (10/13/2005): Response in Opposition to Motion - RESPONSE in Opposition re [66] MOTION to Dismiss the Third Party Action Without PrejudiceWITH ATTACHED MEMO filed by J.H. Lynch & Sons. (Attachmen...
69 (10/18/2005): Reply to Response to Motion - REPLY MEMORANDUM re [68] Response in Opposition to MotionWITH ATTACHED MEMO filed by Cottage Plaza, LLC and Churchill & Banks, LTD. (Leyva, Lucia)
-- (10/20/2005): Motions Forwarded to Chambers: [66] MOTION to Dismiss the Third Party Action without Prejudice (Jackson, Ryan)
-- (10/27/2005): NOTICE of Hearing on Motion : [66] MOTION to Dismiss 3rd Party Action without Prejudice set for 12/8/2005 09:30 AM in Courtroom 3 before Judge Ernest C. Torres. (Jackson, Ryan)
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Case 1:04-cv-00048-T
Document 70
Filed 12/12/2005
Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
PENNSYLVANIA GENERAL INSURANCE
COMPANY, a/s/o JOHN STROIS and
SAFEGUARD INSURANCE COMPANY
a/s/o RUI HENRIQUES
Plaintiffs,
VS.
C.A. NO. 04-48T
CHURCHILL & BANKS, LTD. and
COTTAGE PLAZA, LLC
Defendantsmird Party Plaintiffs
VS.
J.H. LYNCH & SONS, INC.
Third Party Defendant
STIPULATION OF DISMISSAL
1.
Third party plaintiffs' claims against Lynch, or its subcontractor, arising out of the
construction andlor maintenance of the temporary construction fence are dismissed with prejudice;
2.
Third party plaintiffs shall not seek indemnity or contribution for the amount paid to
settle the main federal court action, or for any costs, expert fees, or legal fees incurred in connection with
this federal case and any claim for such in this action is hereby dismissed with prejudice;
3.
Any other claims, including claims arising out of security issues other than the
maintenance and construction of the temporary construction fence, are dismissed without prejudice;
4.
This stipulation shall not be deemed to preclude actions by the third party plaintiffs
against third party defendant, which are based on factual allegations, or legal theories, which are different
than those which are dismissed by this stipulation.
Attorney for Third Party Plaintiffs,
Faith ~ . l a ~ a l(#22
r e 12)
Law Offices of Faith A. LaSalle
One Turk's Head Place
Suite 1010
Providence, RI 02903
40 1-421-8080
stepien/~dams,Esq. (#5577)
Taylor, Duane, Barton & Gilman, LLP
10 Dorrance Street
Providence, RI 02903
401-273-7171