Westchester Fire Insurance Company v. DJ Plumbing & Heating, Inc.

Federal Civil Lawsuit Massachusetts District Court, Case No. 1:05-cv-11375-MLW
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Summary

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Parties
No Logo Westchester Fire Insurance Company, Plaintiff

Represented by Cozen O'Connor, PC

Name Phone Fax E-Mail
Space KEVIN JOHN HUGHES +85691500 856 691 5000 khughes@cozen.com
Space Sean P. O'Donnell +1 215 665 2000 +1 215 665 2013 SODonnell@Cozen.com

Represented by Rhode Island Legal Services, Inc.

Name Phone Fax E-Mail
Space Patrick J. Loftus, III +1 617 723 7770 +1 617 248 9752 SoxDctr@gmail.com
v.
No Logo DJ Plumbing & Heating, Inc., Defendant

Represented by Nixon Peabody LLP

Name Phone Fax E-Mail
Space Juan Alexander Concepcion +1 617 345 1140 +1 866 560 0766 jconcepcion@nixonpeabody.com
Space Kurt M. Mullen +1 617 345 1113 +1 617 345 1300 kmullen@nixonpeabody.com
Space John S. Stadler +1 617 345 6098 +1 866 947 1735 jstadler@nixonpeabody.com
Attributes
Office Boston
Filed 6/29/2005
Jury Demand Both
Demand $1500000
Nature of Suit 365 - Personal Injury: Product Liability
Cause Section 28 U.S.C. § 1332 Diversity-Property Damage
Jurisdiction Diversity
Disposition Dismissed - Settled
County Barnstable
Terminated 12/27/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags ADR, CLOSED
Timeline
  Entries (35) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Order Dismissing Case with OCR 28 Filed: 12/27/2006, Entered: 12/27/2006 Order Dismissing CaseCourt Filing
Judge Mark L. Wolf : ORDER entered. STIPULATION DISMISSING CASE(O'Leary, Dennis)
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Stipulation of Dismissal with OCR 27 Filed: 12/21/2006, Entered: 12/21/2006 Stipulation of Dismissal
STIPULATION of Dismissal by Westchester Fire Insurance Company. (O'Donnell, Sean)
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Notice of Settlement with OCR 26 Filed: 12/21/2006, Entered: 12/21/2006 Notice of Settlement
NOTICE of Settlement by Westchester Fire Insurance Company (O'Donnell, Sean)
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Order with OCR 25 Filed: 11/28/2006, Entered: 11/29/2006 OrderCourt Filing
Judge Mark L. Wolf : ORDER entered. DENYING MOTION to Dismiss Plaintiff's Amended Complaint filed by DJ Plumbing & Heating, Inc. Amended Pleadings due by 1/12/2007. Motions due by 2/2/2007. Status Report due by 12/21/2007. A hearing on the motion to dismiss will be held on 4/5/2007 at 3:00 pm.(O'Leary, Dennis)
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Motion Hearing with OCR 24 Filed: 11/28/2006, Entered: 11/29/2006 Motion HearingCourt Filing
Clerk's Notes for proceedings held before Judge Mark L. Wolf : Motion Hearing held on 11/28/2006 re [17] MOTION to Dismiss Plaintiff's Amended Complaint filed by DJ Plumbing & Heating, Inc.,. (Court Reporter Romanow.) (O'Leary, Dennis)
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Notice of Hearing on Motion with OCR 23 Filed: 10/18/2006, Entered: 10/18/2006 Notice of Hearing on MotionCourt Filing
NOTICE of Rescheduling Hearing on Motion [17] MOTION to Dismiss Plaintiff's Amended Complaint: Motion Hearing set for 11/28/2006 03:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf. (Attachments: # (1))(O'Leary, Dennis)
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Report of Rule 26.f Planning Meeting with OCR 22 Filed: 10/13/2006, Entered: 10/13/2006 Report of Rule 26.f Planning Meeting
REPORT of Rule 26(f) Planning Meeting. (O'Donnell, Sean)
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Reply to Response to Motion with OCR 21 Filed: 8/18/2006, Entered: 8/18/2006 Reply to Response to Motion
REPLY to Response to Motion re [17] MOTION to Dismiss Plaintiff's Amended Complaint filed by DJ Plumbing & Heating, Inc.. (Mullen, Kurt)
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Notice of Hearing on Motion with OCR 20 Filed: 8/7/2006, Entered: 8/7/2006 Notice of Hearing on MotionCourt Filing
NOTICE of Cancellation/Rescheduling of Hearing on Motion [17] MOTION to Dismiss Plaintiff's Amended Complaint: The MOTION HEARING and SCHEDULING CONFERENCE previously scheduled for SEPTEMBER 14, 2006 at 3:00 P.M., has been CANCELLED. It has been RESCHEDULED to OCTOBER 24, 2006 at 3:00 P.M. before Judge Wolf, in courtroom 10 on the 5th floor. The parties shall comply with the attached notice of a 16b scheduling conference. (Attachments: # (1))(O'Leary, Dennis)
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Blank -- Filed: 7/31/2006, Entered: 7/31/2006 Notice requesting courtesy copy
ELECTRONIC NOTICE issued requesting courtesy copy for [19] Opposition to Motion,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 8/4/2006. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (O'Leary, Dennis)
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Opposition to Motion with OCR 19 Filed: 7/28/2006, Entered: 7/28/2006 Opposition to Motion
Opposition re [17] MOTION to Dismiss Plaintiff's Amended Complaint filed by Westchester Fire Insurance Company. (Attachments: # (1) Plaintiff's Memorandum of Law in Opposition# (2) Exhibit # (3) Exhibit # (4) Exhibit # (5) Certification of Electronic Filing)(O'Donnell, Sean)
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Blank -- Filed: 6/20/2006, Entered: 6/20/2006 Notice requesting courtesy copy
ELECTRONIC NOTICE issued requesting courtesy copy for [17] MOTION to Dismiss Plaintiff's Amended Complaint, [18] Memorandum in Support of Motion. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 6/23/2006. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (O'Leary, Dennis)
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Memorandum in Support of Motion with OCR 18 Filed: 6/15/2006, Entered: 6/15/2006 Memorandum in Support of Motion
MEMORANDUM in Support re [17] MOTION to Dismiss Plaintiff's Amended Complaint filed by DJ Plumbing & Heating, Inc.. (Attachments: # (1) Exhibit A)(Mullen, Kurt)
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Motion to Dismiss with OCR 17 Filed: 6/15/2006, Entered: 6/15/2006, Terminated: 11/28/2006 Motion to Dismiss
MOTION to Dismiss Plaintiff's Amended Complaint by DJ Plumbing & Heating, Inc.. (Attachments: # (1) Exhibit 1# (2) Exhibit 2 (Part 1 of 14)# (3) Exhibit 2 (Part 2 of 14)# (4) Exhibit 2 (Part 3 of 14)# (5) Exhibit 2 (Part 4 of 14)# (6) Exhibit 2 (Part 5 of 14)# (7) Exhibit 2 (Part 6 of 14)# (8) Exhibit 2 (Part 7 of 14)# (9) Exhibit 2 (Part 8 of 14)# (10) Exhibit 2 (Part 9 of 14)# (11) Exhibit 2 (Part 10 of 14)# (12) Exhibit 2 (Part 11 of 14)# (13) Exhibit 2 (Part 12 of 14)# (14) Exhibit 2 (Part 13 of 14)# (15) Exhibit 2 (Part 14 of 14)# (16) Exhibit 3# (17) Exhibit 4# (18) Rule 7.1 Certification)(Mullen, Kurt)
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Blank -- Filed: 5/1/2006, Entered: 5/1/2006 Electronic Endorsement (non-order)
Judge Mark L. Wolf : Electronic ORDER entered. ELECTRONIC ENDORSEMENT re [10] Notice (Other), Notice (Other) filed by Westchester Fire Insurance Company, allowing the motion to admit pro hac vice.(O'Leary, Dennis)
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Amended Complaint with OCR 16 Filed: 4/28/2006, Entered: 4/28/2006 Amended Complaint
AMENDED COMPLAINT against DJ Plumbing & Heating, Inc., filed by Westchester Fire Insurance Company.(Loftus, Patrick)
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Order with OCR 15 Filed: 4/19/2006, Entered: 4/19/2006 OrderCourt Filing
Judge Mark L. Wolf : ORDER entered. Amended Comaplaint due by 4/28/2006. Motion to Dismiss due by 6/16/2006. Motion Hearing set for 9/14/2006 03:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf.(O'Leary, Dennis)
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Disclosure pursuant to Rule 26 with OCR 14 Filed: 3/27/2006, Entered: 3/27/2006 Disclosure pursuant to Rule 26
Disclosure pursuant to Rule 26 by DJ Plumbing & Heating, Inc..(Mullen, Kurt)
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Blank -- Filed: 3/27/2006, Entered: 3/27/2006 Scheduling Conference
ElectronicClerk's Notes for proceedings held before Judge Mark L. Wolf : Scheduling Conference held on 3/27/2006. Court sets a schedule as follows. Amended Complaint or statement that no amended compalint will be filed shall be filed by 4/28/2006, Motin to Dismiss shall be filed by 6/16/2006, Response to Motion to Dismiss shall be filed by 7/28/2006, Any reply shall be filed by 8/18/2006. If necessary a hearing on the Motion to Dismiss shall be held on 9/14/2006 at 3:00 PM. (O'Leary, Dennis)
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Disclosure pursuant to Rule 26 with OCR 13 Filed: 3/24/2006, Entered: 3/24/2006 Disclosure pursuant to Rule 26
Disclosure pursuant to Rule 26 by Westchester Fire Insurance Company.(Loftus, Patrick)
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Blank -- Filed: 3/24/2006, Entered: 3/27/2006 Filing Fee/Payment Received
Filing fee: $100.00, receipt number 71291 for [10] (Boyce, Kathy)
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Consent to Alternative Dispute Resolution with OCR 12 Filed: 3/21/2006, Entered: 3/21/2006 Consent to Alternative Dispute Resolution
First CONSENT to Alternative Dispute Resolution by Westchester Fire Insurance Company (Loftus, Patrick)
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Recommendations for Scheduling Order with OCR 11 Filed: 3/20/2006, Entered: 3/20/2006 Recommendations for Scheduling Order
Recommendations for Scheduling Order Joint Proprosed Pretrial Schedule. (Loftus, Patrick)
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~Notice (other) with OCR 10 Filed: 3/20/2006, Entered: 3/20/2006 ~Notice (other)
NOTICE by Westchester Fire Insurance Company Plaintiff (Attachments: # (1) Affidavit Kevin Hughes# (2) Supplement Certificate of Good Standing Kevin Hughes# (3) Affidavit Sean O'Donnell# (4) Appendix Certificate of Good Standing# (5) Appendix Notice of Admission)(Loftus, Patrick)
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Certification pursuant to Local Rule 16.1 with OCR 9 Filed: 3/20/2006, Entered: 3/20/2006 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 (D)(3) by DJ Plumbing & Heating, Inc..(Mullen, Kurt)
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Notice of Appearance with OCR 8 Filed: 3/8/2006, Entered: 3/8/2006 Notice of Appearance
NOTICE of Appearance by Kurt M. Mullen on behalf of DJ Plumbing & Heating, Inc. (Mullen, Kurt)
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Notice of Scheduling Conference with OCR 7 Filed: 2/22/2006, Entered: 2/22/2006 Notice of Scheduling ConferenceCourt Filing
NOTICE of Scheduling Conference Scheduling Conference set for 3/27/2006 04:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf. (O'Leary, Dennis)
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Response with OCR 6 Filed: 10/18/2005, Entered: 10/19/2005 ResponseCourt Filing
Response by DJ Plumbing & Heating, Inc. to [5] Memorandum & ORDER advising the court that Deft DJ Plumbing & Heating does not consent to the transfer OR reference of this case to a Magistrate Judge, FILED. (Boyce, Kathy)
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Memorandum and Order with OCR 5 Filed: 9/28/2005, Entered: 9/30/2005 Memorandum and OrderCourt Filing
Judge Mark L. Wolf : ORDER entered. MEMORANDUM AND ORDER. The parties are being ordered to inform the court by October 19, 2005 whether they consent to a transfer of this case to Magistrate Judge for all purposes. (Attachments: # (1))(O'Leary, Dennis)
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Corporate Disclosure Statement with OCR 4 Filed: 7/29/2005, Entered: 7/29/2005 Corporate Disclosure Statement
CORPORATE DISCLOSURE STATEMENT by DJ Plumbing & Heating, Inc.. (Concepcion, J.)
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Answer with OCR 3 Filed: 7/29/2005, Entered: 7/29/2005 Answer
ANSWER to Complaint with Jury Demand by DJ Plumbing & Heating, Inc..(Concepcion, J.)
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Summons Returned Executed with OCR 2 Filed: 7/19/2005, Entered: 7/22/2005 Summons Returned Executed
SUMMONS Returned Executed as to DJ Plumbing & Heating, Inc. served on 7/11/2005, answer due 8/1/2005. (Boyce, Kathy)
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Complaint with OCR 1 Filed: 6/29/2005, Entered: 6/30/2005 Complaint
COMPLAINT against DJ Plumbing & Heating, Inc. Filing fee: $ 250, receipt number 65301, filed by Westchester Fire Insurance Company. (Attachments: # (1) Civil Cover Sheet)(Boyce, Kathy)
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Blank -- Filed: 6/29/2005, Entered: 6/30/2005 Summons Issued
Summons Issued as to DJ Plumbing & Heating, Inc.. (Boyce, Kathy)
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Blank -- Filed: 6/29/2005, Entered: 6/30/2005 Magistrate Judge Assignment
If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Dein (Boyce, Kathy)
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