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 249 |
Filed: 9/4/2018, Entered: 9/4/2018 |
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ORDER OF DISMISSAL WITH PREJUDICE: Pursuant to the parties' 248 Stipulation to Dismiss with Prejudice, it is hereby ORDERED by the court that this action, including all pending claims and counterclaims, is dismissed with prejudice, with each party bearing their own attorneys' fees and costs. Case closed. Judge Evelyn J. Furse no longer assigned to case. Signed by Judge Jill N. Parrish on 9/4/18. (dla)
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| 248 |
Filed: 8/31/2018, Entered: 8/31/2018 |
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NOTICE of Voluntary Dismissal filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance (Nickel, Mark)
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Request |
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| 247 |
Filed: 8/23/2018, Entered: 8/23/2018 |
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ORDER granting 244 Joint Motion Withdrawing Motions for Sanctions and Vacating Orders:The following pending dispositive motions are moot in light of the court's Order Denying Motions as Moot in Light of Settlement 242 : Plaintiffs' Motion to Dismiss 117 ; Evanston's Motion to Dismiss 136 ; Plaintiff's Motion for Partial Summary Judgment 97 ; and Evanston's Motion for Summary Judgment 150 .The following motions are hereby WITHDRAWN: Plaintiffs' Motion for Sanctions Against Defendant for Failing to Comply with Court's Order 66 ; Plaintiffs' Motion for Attorneys' Fees 139 ; Plaintiffs' Redacted Motion for Sanctions 146 ; and Plaintiffs' Second Motion for Sanctions 216 and 218 . Evanston's Motion to Compel Snow, Christensen & Martineau 143 ; Evanston's Short Form Discovery Motion Pursuant to Fed. R. Civ. P. 37 and DuCivR-37-1 151 ; Evanston's Application for Attorneys' Fees Awarded Re: Motion to Compel Snow, Christensen & Martineau 201 ; and Evanston's Application for Attorneys' Fees Re Short Form Discovery Motion 202 .The following orders are hereby VACATED: Memorandum Decision and Order, filed November 7, 2017 93 ; Memorandum Decision and Order, filed January 24, 2018 128 ; Order Granting Defendant's Motion to Compel Snow, Christensen & Martineau to Produce Requested Information, filed April 9, 2018 182 ; and Order Granting in Part and Denying in Part Defendant's Expedited Short Form Discovery Motion Pursuant to Fed. R. Civ. P. 37 and DUCivR 37-1, filed April 9, 2018 183 . Signed by Judge Jill N. Parrish on 8/22/18. (dla)
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Request |
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 246 |
Filed: 8/23/2018, Entered: 8/23/2018 |
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ORDER granting 243 Joint Motion for Documents to Remain Under Seal: Any and all of Plaintiffs' challenges to Evanston's documents designated as "CONFIDENTIAL INFORMATION ATTORNEY EYES ONLY" pursuant to the Standard Protective Order are WITHDRAWN. Plaintiffs' opposition 204 to Evanston's Short Form Motion for Protective Order to Maintain "Confidential Information Attorneys Eyes Only" 203 , is hereby WITHDRAWN. Evanston's Short Form Motion for Protective Order to Maintain "Confidential Information Attorneys Eyes Only" 203 , is hereby REOPENED and GRANTED. All documents filed under seal shall remain under seal. Signed by Judge Jill N. Parrish on 8/22/18. (dla)
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| 245 |
Filed: 8/21/2018, Entered: 8/21/2018 |
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Motions No Longer Referred: 243 Joint MOTION to Seal and Memorandum in Support Joint Motion for Documents to Remain Under Seal, 244 Joint MOTION to Withdraw and Memorandum in Support Joint Motion Withdrawing Motions for Sanctions and Vacating Orders (dcb)
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| 244 |
Filed: 8/21/2018, Entered: 8/21/2018 |
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Joint MOTION to Withdraw and Memorandum in Support Joint Motion Withdrawing Motions for Sanctions and Vacating Orders filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. Motions referred to Evelyn J. Furse.(Nickel, Mark)
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Request |
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| 243 |
Filed: 8/21/2018, Entered: 8/21/2018 |
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Joint MOTION to Seal and Memorandum in Support Joint Motion for Documents to Remain Under Seal filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. Motions referred to Evelyn J. Furse.(Nickel, Mark)
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Request |
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| 242 |
Filed: 8/20/2018, Entered: 8/20/2018 |
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ORDER denying the following motions without prejudice as moot in light of Settlement: 97 Motion for Partial Summary Judgment; 116 Motion for Leave to File; 117 Motion to Dismiss ; 134 Motion ; 136 Motion to Dismiss ; 139 Motion for Attorney Fees; 150 Motion for Summary Judgment ; 173 Motion to Seal; 173 Motion for Sanctions; 173 Motion to Expedite; 186 Motion to Compel; 186 Motion to Expedite; 192 Motion to Expedite; 192 Motion to Compel; 201 Motion for Attorney Fees; 202 Motion for Attorney Fees; 203 Motion for Protective Order; 216 Redacted MOTION for Sanctions; 235 MOTION for Short Form Discovery. Signed by Judge Jill N. Parrish on 8/20/2018. (jds)
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Request |
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| 240 |
Filed: 6/11/2018, Entered: 6/11/2018 |
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DOCKET TEXT ORDER GRANTING 238 Motion to Seal Audio Recording of the April 26, 2018 Hearing. The audio recording of the April 26, 2018 hearing before Magistrate Judge Evelyn Furse is hereby sealed and will not be made available to the public. Signed by Magistrate Judge Evelyn J. Furse on 06/11/2018. No attached document. (nas)
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| 239 |
Filed: 5/25/2018, Entered: 5/25/2018 |
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NOTICE VACATING MOTION HEARING set for 6/7/18 at 3:00pm before Judge Jill N. Parrish (Notice generated by ss)Counsel notified court that the matter has been resolved and they will file the appropriate documents within the next two weeks. (ss)
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| 238 |
Filed: 5/24/2018, Entered: 5/24/2018 |
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MOTION to Seal and Memorandum in Support filed by Defendant Evanston Insurance. (Attachments: # 1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Fellman, B.)
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Request |
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| 237 |
Filed: 5/23/2018, Entered: 5/23/2018 |
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**SEALED DOCUMENT** re 236 Reply Memorandum/Reply to Response to Motion,, 218 Sealed Document,,,, 216 Redacted MOTION for Sanctions and Memorandum in Support filed by Plaintiffs City of Orem, James LauretNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: # 1 Exhibit Index to Plaintiffs' Exhs, # 2 Exhibit Exh 1 Claims Manual "Claims Quality Performance Objective, # 3 Exhibit Exh 7 Deposition of David Ashley Feb 27, 2018)(Humpherys, L.)
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| 236 |
Filed: 5/23/2018, Entered: 5/23/2018 |
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Redacted REPLY to Response to Motion re 216 Redacted MOTION for Sanctions and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Index of Plaintiffs Exhibits, # 2 Exhibit Exh 2 Def's claim file notes, # 3 Exhibit Exh 3 Deposition of Carlynn Goodman, # 4 Exhibit Exh 4 Def's Acknowledgement of Claim, # 5 Exhibit Exh 5 Def's Denial Letter Feb 9, 2016, # 6 Exhibit Exh 6 Emails between Counsel May 18, 2018)(Humpherys, L.)
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Request |
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| 235 |
Filed: 5/22/2018, Entered: 5/22/2018 |
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MOTION for Short Form Discovery re: Search Terms as Ordered by Court [ECF No. 183] , MOTION to Expedite treatment and Memorandum in Support filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. Motions referred to Evelyn J. Furse.(Nickel, Mark)
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Request |
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| 234 |
Filed: 5/22/2018, Entered: 5/22/2018 |
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AMENDED NOTICE OF HEARING ON MOTION re: 216 Redacted MOTION for Sanctions : (Notice generated by ss) Motion Hearing set for 6/7/2018 at 03:00 PM in Rm 8.200 before Judge Jill N. Parrish. If counsel have conflict with date, please contact chambers. stephanie_schaerrer@utd.uscourts.gov (ss)
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| 233 |
Filed: 5/22/2018, Entered: 5/22/2018 |
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NOTICE OF HEARING ON 216 MOTION for Sanctions (Notice generated by ss)If counsel have conflict with date, please contact chambers. stephanie_schaerrer@utd.uscourts.gov (ss)
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| 232 |
Filed: 5/16/2018, Entered: 5/16/2018 |
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**SEALED DOCUMENT** re 231 Response to Motion filed by Defendant Evanston InsuranceNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: # 1 Exhibit Exhibits 8-11)(Fellman, B.)
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| 231 |
Filed: 5/16/2018, Entered: 5/16/2018 |
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Redacted RESPONSE to Motion re 216 Redacted MOTION for Sanctions and Memorandum in Support filed by Defendant Evanston Insurance. (Attachments: # 1 Exhibit Exhibits 1-7)(Fellman, B.)
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Request |
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| 230 |
Filed: 5/15/2018, Entered: 5/15/2018 |
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REPLY BRIEF re 206 Objection to Magistrate Judge Decision to District Court filed by Interested Party Snow Christensen & Martineau. (Parker, Rodney)
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Request |
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| 229 |
Filed: 5/15/2018, Entered: 5/15/2018 |
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Defendant's Response to Plaintiffs' Objection to Magistrate's Ruling (Dkt. No. 183) BRIEF re 210 Objection to Magistrate Judge Decision to District Court,,, filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. (Nickel, Mark)
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| 228 |
Filed: 5/8/2018, Entered: 5/8/2018 |
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Evanston's Response to Snow Christensen and Martineau's Objection to Magistrate Judge Order [ECF No. 206] BRIEF re 206 Objection to Magistrate Judge Decision to District Court filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. (Nickel, Mark)
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Request |
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| 227 |
Filed: 5/7/2018, Entered: 5/7/2018 |
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REPLY to Response to Motion re 202 MOTION for Attorney Fees and Memorandum in Support Defendant's Application for Attorneys' Fees Awarded Relative to Expedited Short Form Discovery Motion filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. (Nickel, Mark)
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Request |
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| 226 |
Filed: 4/30/2018, Entered: 4/30/2018 |
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**SEALED DOCUMENT** re 225 Memorandum in Opposition to Motion,,,,,, filed by Plaintiffs City of Orem, James LauretNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: # 1 Exhibit Exh 17 Depo of Mark Schauss 30(b)(6), # 2 Exhibit Exh 20 Claims Manual "Claims Quality Performance Objectives")(Humpherys, L.)
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| 225 |
Filed: 4/30/2018, Entered: 4/30/2018 |
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Redacted MEMORANDUM in Opposition re 150 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Appendix Index to Plaintiffs' Exhibits [redacted], # 2 Exhibit Exh 1 Contract between Moreton and Evanston, # 3 Exhibit Exh 2 Deposition of Moretons Rule 30(b)(6) witness, # 4 Exhibit Exh 3 Deposition of Orems Rule 30(b)(6) witness Jason Exh 3 Depo Jason Adamson May 19, 2017, # 5 Exhibit Exh 4 Declaration of Jason Adamson, # 6 Exhibit Exh 5 Depo of Mikel Birch, # 7 Exhibit Exh 6 Goodmans Email of October 29, 2015, # 8 Exhibit Exh 7 Def's Claim File Notes, # 9 Exhibit Exh 8 Email of Nov 17, 2014, # 10 Exhibit Exh 9 Emails to Goodman of June 10, 2015, # 11 Exhibit Exh 10 Pl's Expert CV, # 12 Exhibit Exh 11 Depo of Pl's Expert, # 13 Exhibit Exh 12 Unsigned application, # 14 Exhibit Exh 13 Signed application, # 15 Exhibit Exh 14 Pl's Expert Report, # 16 Exhibit Exh 15 Depo of Jason Adamson Feb 22, 2018, # 17 Exhibit Exh 16 Depo of Kery Oldroyd, # 18 Exhibit Exh 17 Depo of Mark Schauss {redacted}, # 19 Exhibit Exh 18 Depo of Goodman, # 20 Exhibit Exh 19 Def's Letter to Orem, # 21 Exhibit Exh 20 [Redacted], # 22 Exhibit Exh 21 Def's Request for info, # 23 Exhibit Exh 22 Def's invoice to Moreton)(Humpherys, L.)
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| 224 |
Filed: 4/30/2018, Entered: 4/30/2018 |
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DESIGNATION OF EXPERTS John P. Murphy, Jr. filed by Defendant Evanston Insurance.(Fellman, B.)
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Request |
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| 223 |
Filed: 4/30/2018, Entered: 4/30/2018 |
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DOCKET TEXT ORDER granting 222 Motion for Extension of Time to File Response/Reply. The court has reviewed the Stipulation for Extended Briefing Schedule (ECF No. 222), and there is good cause to grant the motion. Accordingly, it is hereby ORDERED: (1) the deadline for Evanston to respond to Plaintiffs' Objection to Magistrate's Ruling (ECF No. 210) is extended to May 15, 2018; (2) the deadline for Evanston to respond to Plaintiffs' Second Motion for Sanctions Against Defendant (ECF No. 218) is extended to May 16, 2018; (3) Evanston's response to the Second Motion for Sanctions shall not exceed 35 pages; and (4) the deadline for Plaintiffs to file their reply in support of the Second Motion for Sanctions is May 23, 2018. Signed by Judge Jill N. Parrish on 4/30/2018. No attached document. (dcb)
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| 222 |
Filed: 4/28/2018, Entered: 4/28/2018 |
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Stipulated MOTION for Extension of Time to File Response/Reply as to 212 Order, 210 Objection to Magistrate Judge Decision to District Court,,, 216 Redacted MOTION for Sanctions and Memorandum in Support , 218 Sealed Document,,,, 219 Order,, and Memorandum in Support Stipulation for Extended Briefing Schedule filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. Motions referred to Evelyn J. Furse.(Nickel, Mark)
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Request |
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| 221 |
Filed: 4/28/2018, Entered: 4/28/2018 |
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REPLY to Response to Motion re 201 MOTION for Attorney Fees and Memorandum in Support Defendant's Application for Attorney's Fees Awarded Re: Motion to Compel Snow, Christensen & Martineau to Produce Information filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. (Nickel, Mark)
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Request |
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| 220 |
Filed: 4/26/2018, Entered: 4/27/2018 |
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Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing held on 4/26/2018 re 173 MOTION to Seal and Memorandum in Support Defendant's Short Form Emergency Motion to Seal Confidential Records Disclosed by Plaintiffs in Violation of Protective Order re 172 Order on Motion to Seal Document, 170 Reply Memorandum/ MOTION for Sanctions and Memorandum in Support MOTION to Expedite treatment and Memorandum in Support filed by Evanston Insurance, 203 MOTION for Protective Order and Memorandum in Support Defendant's Short Form Motion for Protective order to Maintain "Confidential Information - Attorneys Eyes Only" filed by Evanston Insurance, 192 Redacted MOTION to Expedite Motion to Compel and Memorandum in Support MOTION to Compel Defendant to Perform Electronic Search and Memorandum in Support filed by City of Orem, CF3E98B, 186 MOTION to Compel MOTION to Expedite filed by City of Orem, CF3E98B. Court hears argument from counsel and GRANTS IN PART 186 MOTION to Compel MOTION to Expedite and GRANTS IN PART 192 Redacted MOTION to Expedite Motion to Compel. Court to issue written orders. Attorney for Plaintiff: L. Rich Humpherys, Attorney for Defendant: B. Ryan Fellman, Mark A. Nickel. Court Reporter: Electronic.(Time Start: 9:07:38, Time End: 11:32:14, Room 8.400.)(lnp)
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| 219 |
Filed: 4/25/2018, Entered: 4/25/2018 |
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DOCKET TEXT ORDER. No attached document. Pursuant to Local Rule 7-1(b)(3)(B), the court sets the briefing schedule for Plaintiffs' Second Motion for Sanctions Against Defendant (ECF No. 218) as follows: (1) Defendant's memorandum in opposition is due on or before Wednesday, May 9, 2018; and (2) Plaintiffs may reply, at their option, on or before Wednesday, May 16, 2018. The court will set a hearing if it finds one necessary. Signed by Judge Jill N. Parrish on 4/25/2018. (dcb)
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| 218 |
Filed: 4/25/2018, Entered: 4/25/2018 |
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**SEALED DOCUMENT** re 216 Redacted MOTION for Sanctions and Memorandum in Support filed by Plaintiffs City of Orem, James LauretNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: # 1 Exhibit Index to Plaintiffs' Exhibits, # 2 Exhibit Exh 1 Plaintiffs Discovery Requests, April 4, 2017, # 3 Exhibit Exh 2 Def's Response to Pl's Discoveries, # 4 Exhibit Exh 3 Depo of Carlynn Goodman, # 5 Exhibit Exh 4 Dep of David Ashley June 19, 2017, # 6 Exhibit Exh 5 Def's Opposing Memo, # 7 Exhibit Exh 6 Emails July 18, 2017, Aug 3, 2017, # 8 Exhibit Exh 7 Def's Expert John Murphy, # 9 Exhibit Exh 8 Affidavit of David Ashley, # 10 Exhibit Exh 9 Claims Quality Performance Objectives June 2015, # 11 Exhibit Exh 10 Claims Department Procedures Manual, Oct 2016, # 12 Exhibit Exh 11 Depo of David Ashley (Rule 30(b)(6)) Feb 27, 2018, # 13 Exhibit Exh 12 Depo of David Ashley (fact), # 14 Exhibit Exh 13 Pl's meet and confer Feb 28, 2018, # 15 Exhibit Exh 14 Evanston's Response to discoveries in Georgia Case)(Humpherys, L.)
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| 217 |
Filed: 4/25/2018, Entered: 4/25/2018 |
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Motions No Longer Referred: 216 Redacted MOTION for Sanctions and Memorandum in Support. District Judge Jill N. Parrish to handle motion. (dcb)
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| 216 |
Filed: 4/25/2018, Entered: 4/25/2018 |
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Redacted MOTION for Sanctions and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Index to Plaintiffs' Exhibits [redacted], # 2 Exhibit Exh 1 Pl's Discovery Requests, # 3 Exhibit Exh 2 Def's Response to Pl's Discoveries, # 4 Exhibit Exh 3 Depo of Carlynn Goodman, # 5 Exhibit Exh 4 Depo of David Ashley June 19, 2017, # 6 Exhibit Exh 5 Def's Opposing Memo, # 7 Exhibit Exh 6 Emails July 18, 2017, Aug 3, 2017, # 8 Exhibit Exh 7 Def's Expert John Murphy, # 9 Exhibit Exh 8 Affidavit of David Ashley, # 10 Exhibit Exh 9 [REDACTED], # 11 Exhibit Exh 10 [REDACTED], # 12 Exhibit Exh 11 [REDACTED], # 13 Exhibit Exh 12 [REDACTED], # 14 Exhibit Exh 13 [REDACTED], # 15 Exhibit Exh 14 Evanston's Response to discoveries in Georgia Case) Motions referred to Evelyn J. Furse.(Humpherys, L.)
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Request |
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| 215 |
Filed: 4/24/2018, Entered: 4/24/2018 |
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ORDER granting 156 Plaintiffs Motion to File Overlength Motion; denying 157 Plaintiffs Short Form Rule DUCivR 37-1 Motion ; denying 158 Defendants Second Expedited Motion to Strike. Signed by Magistrate Judge Evelyn J. Furse on 4/24/2018. (jds)
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Request |
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| 214 |
Filed: 4/24/2018, Entered: 4/24/2018 |
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**SEALED DOCUMENT** re 213 Reply Memorandum/Reply to Response to Motion, filed by Defendant Evanston InsuranceNOTE: Filer is instructed to serve the sealed document on all other parties.. (Fellman, B.)
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| 213 |
Filed: 4/24/2018, Entered: 4/24/2018 |
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Redacted REPLY to Response to Motion re 203 MOTION for Protective Order and Memorandum in Support Defendant's Short Form Motion for Protective order to Maintain "Confidential Information - Attorneys Eyes Only" filed by Defendant Evanston Insurance. (Fellman, B.)
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Request |
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| 212 |
Filed: 4/24/2018, Entered: 4/24/2018 |
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DOCKET TEXT ORDER. No attached document. Pursuant to Local Rule 72-3, Defendant Evanston Insurance Company is hereby given the opportunity to respond to Plaintiffs' Objection to Magistrate's Ruling (ECF No. 210). Evanston shall respond accordingly on or before May 8, 2018. Signed by Judge Jill N. Parrish on 4/24/2018. (dcb)
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| 211 |
Filed: 4/24/2018, Entered: 4/24/2018 |
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DOCKET TEXT ORDER. No attached document. Pursuant to Local Rule 72-3, Defendant Evanston Insurance Company is hereby given the opportunity to respond to Snow, Christensen & Martineau's Objection to Magistrate Judge Order (ECF No. 206). Evanston shall respond accordingly on or before May 8, 2018. Signed by Judge Jill N. Parrish on 4/24/2018. (dcb)
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| 210 |
Filed: 4/23/2018, Entered: 4/23/2018 |
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OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by City of Orem, CF3E98B re 183 Order on Motion for Short Term Discovery, Order on Motion to Expedite (Attachments: # 1 Exhibit Exh 1 Pl's Response to Discoveries, # 2 Exhibit Exh 2 Pl's Third Disclosure, # 3 Exhibit Exh 3 Pl's Fourth Disclosure, # 4 Exhibit Exh 4 Pl's Fifth Disclosure, # 5 Exhibit Exh 5 Emails March 2018, # 6 Exhibit Exh 6 Pl's Production of Documents, # 7 Exhibit Exh 7 Pl's Sixth Disclosure, # 8 Exhibit Exh 8 Pl's Supplemental Response, # 9 Exhibit Exh 9 Schriever Declaration, # 10 Exhibit Exh 10 Def's Search words and terms, # 11 Exhibit Exh 11 Pl's proposed Search words, # 12 Exhibit Exh 12 Def's conditions)(Humpherys, L.)
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Request |
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| 209 |
Filed: 4/23/2018, Entered: 4/23/2018 |
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NOTICE OF HEARING ON MOTION re: 203 MOTION for Protective Order and Memorandum in Support Defendant's Short Form Motion for Protective order to Maintain "Confidential Information - Attorneys Eyes Only" : (Notice generated by EJF Chambers) Motion Hearing set for 4/26/2018 at 09:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. (lnp)
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| 208 |
Filed: 4/23/2018, Entered: 4/23/2018 |
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Plaintiff's MEMORANDUM in Opposition re 202 MOTION for Attorney Fees and Memorandum in Support Defendant's Application for Attorneys' Fees Awarded Relative to Expedited Short Form Discovery Motion filed by Plaintiffs City of Orem, CF3E98B. (Humpherys, L.)
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Request |
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| 207 |
Filed: 4/20/2018, Entered: 4/20/2018 |
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MEMORANDUM in Opposition re 201 MOTION for Attorney Fees and Memorandum in Support Defendant's Application for Attorney's Fees Awarded Re: Motion to Compel Snow, Christensen & Martineau to Produce Information filed by Interested Party Snow Christensen & Martineau. Attorney Rodney R. Parker added to party Snow Christensen & Martineau(pty:ip)(Parker, Rodney)
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Request |
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| 206 |
Filed: 4/20/2018, Entered: 4/20/2018 |
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OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by Snow Christensen & Martineau re 182 Order on Motion to Compel (Parker, Rodney)
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Request |
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| 205 |
Filed: 4/20/2018, Entered: 4/20/2018 |
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**SEALED DOCUMENT** re 203 MOTION for Protective Order and Memorandum in Support Defendant's Short Form Motion for Protective order to Maintain "Confidential Information - Attorneys Eyes Only", 204 Memorandum in Opposition to Motion, filed by Plaintiffs City of Orem, James LauretNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: # 1 Exhibit Exh 1 Court's Standard Protective Order, # 2 Exhibit Exh 2 California Unfair Claims Regulations)(Humpherys, L.)
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| 204 |
Filed: 4/20/2018, Entered: 4/20/2018 |
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Redacted MEMORANDUM in Opposition re 203 MOTION for Protective Order and Memorandum in Support Defendant's Short Form Motion for Protective order to Maintain "Confidential Information - Attorneys Eyes Only" filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Exh 1 Court's Standing Protective Order, # 2 Exhibit Exh 2 California Unfair Claims Regulations)(Humpherys, L.)
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Request |
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| 203 |
Filed: 4/19/2018, Entered: 4/19/2018 |
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MOTION for Protective Order and Memorandum in Support Defendant's Short Form Motion for Protective order to Maintain "Confidential Information - Attorneys Eyes Only" filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. Motions referred to Evelyn J. Furse.(Nickel, Mark)
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Request |
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| 202 |
Filed: 4/18/2018, Entered: 4/18/2018 |
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MOTION for Attorney Fees and Memorandum in Support Defendant's Application for Attorneys' Fees Awarded Relative to Expedited Short Form Discovery Motion filed by Defendant Evanston Insurance. Motions referred to Evelyn J. Furse.(Nickel, Mark)
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Request |
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| 201 |
Filed: 4/18/2018, Entered: 4/18/2018 |
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MOTION for Attorney Fees and Memorandum in Support Defendant's Application for Attorney's Fees Awarded Re: Motion to Compel Snow, Christensen & Martineau to Produce Information filed by Defendant Evanston Insurance. Motions referred to Evelyn J. Furse.(Nickel, Mark)
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Request |
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| 200 |
Filed: 4/16/2018, Entered: 4/16/2018 |
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RESPONSE to Motion re 192 Redacted MOTION to Expedite Motion to Compel and Memorandum in Support MOTION to Compel Defendant to Perform Electronic Search and Memorandum in Support filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. (Nickel, Mark)
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Request |
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| 199 |
Filed: 4/16/2018, Entered: 4/16/2018 |
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NOTICE OF HEARING ON MOTION re: 192 Redacted MOTION to Expedite Motion to Compel and Memorandum in Support MOTION to Compel Defendant to Perform Electronic Search and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 4/26/2018 at 09:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. (lnp)
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| 198 |
Filed: 4/16/2018, Entered: 4/16/2018 |
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DOCKET TEXT ORDER STRIKING 189 Motion for Protective Order. The motion does not comply with DUCivR 37-1. Signed by Magistrate Judge Evelyn J. Furse on 4/16/2018. No attached document. (nas)
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| 197 |
Filed: 4/13/2018, Entered: 4/13/2018 |
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**SEALED DOCUMENT** re 196 Response to Motion, filed by Defendant Evanston InsuranceNOTE: Filer is instructed to serve the sealed document on all other parties.. (Fellman, B.)
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| 196 |
Filed: 4/13/2018, Entered: 4/13/2018 |
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RESPONSE to Motion re 184 Redacted MOTION to Expedite ruling on Plaintiffs' Motion to Compel and Memorandum in Support Plaintiff's MOTION to Compel Production of Prior Claims Manuals and Memorandum in Support filed by Defendant Evanston Insurance. (Fellman, B.)
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Request |
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| 195 |
Filed: 4/12/2018, Entered: 4/12/2018 |
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ORDER granting 165 Motion to Supplement Defendant's 150 Motion for Summary Judgment. Evanston's motion for summary judgment is hereby supplemented with the additional documents attached to Evanston's motion to supplement. Signed by Judge Jill N. Parrish on 4/12/18. (dla)
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Request |
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| 194 |
Filed: 4/12/2018, Entered: 4/12/2018 |
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Plaintiff's RESPONSE to Motion re 165 MOTION to Amend/Correct 150 MOTION for Summary Judgment and Memorandum in Support and Memorandum in Support Motion to Supplement Defendant's Motion for Summary Judgment filed by Plaintiffs City of Orem, CF3E98B. (Humpherys, L.)
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Request |
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| 193 |
Filed: 4/11/2018, Entered: 4/11/2018 |
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**SEALED DOCUMENT** re 192 Redacted MOTION to Expedite Motion to Compel and Memorandum in Support MOTION to Compel Defendant to Perform Electronic Search and Memorandum in Support filed by Plaintiffs City of Orem, James LauretNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: # 1 Exhibit Exh 1 Emails of July/Aug 2017, # 2 Exhibit Exh 2 Defendant's claims manual, # 3 Exhibit Exh 3 Depo of David Ashley, # 4 Exhibit Exh 4 Affidavit of David Ashley, # 5 Exhibit Exh 5 Depo of Carlynn Goodman, # 6 Text of Proposed Order Proposed Order)(Humpherys, L.)
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| 192 |
Filed: 4/11/2018, Entered: 4/11/2018 |
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Redacted MOTION to Expedite Motion to Compel and Memorandum in Support , MOTION to Compel Defendant to Perform Electronic Search and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Exh 1 Emails of July/Aug, 2017, # 2 Exhibit Redacted, # 3 Exhibit Redacted, # 4 Exhibit Exh 4 Affidavit of David Ashley, # 5 Exhibit Exh 5 Depo of Carlynn Goodman, # 6 Text of Proposed Order Proposed Order) Motions referred to Evelyn J. Furse.(Humpherys, L.)
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Request |
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| 191 |
Filed: 4/10/2018, Entered: 4/10/2018 |
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**SEALED DOCUMENT** re 189 Redacted MOTION for Protective Order and Memorandum in Support filed by Defendant Evanston InsuranceNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: # 1 Exhibit Sealed Exhibits 1-11)(Fellman, B.)
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| 190 |
Filed: 4/10/2018, Entered: 4/10/2018 |
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NOTICE OF ERROR re 186 Redacted MOTION to Amend/Correct 184 Redacted MOTION to Expedite ruling on Plaintiffs' Motion to Compel. This document is title as a Motion to Compel but was filed incorrectly as a Motion to Amend/Correct. It appears document 186 was filed to replace a previously filed motion document 184 which created two pending motions for the same relief. The court has terminated pending motion 184 and corrected the docket text of pending motion 186 . For future reference, the filer is directed to use the event "Withdrawal of Motion" if a motion was filed in error or contact the court if further help is needed. No further action is required by the filer regarding this documents at this time. (jds)
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| 189 |
Filed: 4/10/2018, Entered: 4/10/2018 |
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Redacted MOTION for Protective Order and Memorandum in Support filed by Defendant Evanston Insurance. (Attachments: # 1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Fellman, B.)
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Request |
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| 188 |
Filed: 4/10/2018, Entered: 4/10/2018 |
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NOTICE OF HEARING ON MOTION re: 186 Redacted MOTION to Amend/Correct 184 Redacted MOTION to Expedite ruling on Plaintiffs' Motion to Compel and Memorandum in Support Plaintiff's MOTION to Compel Production of Prior Claims Manuals and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 4/26/2018 at 09:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. (lnp)
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| 187 |
Filed: 4/9/2018, Entered: 4/9/2018 |
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**SEALED DOCUMENT** re 186 Redacted MOTION to Amend/Correct 184 Redacted MOTION to Expedite ruling on Plaintiffs' Motion to Compel and Memorandum in Support Plaintiff's MOTION to Compel Production of Prior Claims Manuals and Memorandum in Support filed by Plaintiffs City of Orem, James LauretNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: # 1 Exhibit Exh 1 Affidavit of David Ashley, # 2 Exhibit Exh 2 Defendant's claims manual June 2015, # 3 Exhibit Exh 3 Deposition of David Ashley, # 4 Exhibit Exh 4 Defendant's letter June 20, 2014, # 5 Text of Proposed Order unredacted proposed order.)(Humpherys, L.)
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| 186 |
Filed: 4/9/2018, Entered: 4/9/2018 |
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Redacted MOTION to Compel Defendant to Produce Prior Claims Manual to Amend/Correct 184 and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Exh 1 Affidavit of David Ashley, # 2 Exhibit Exh 2 [redacted], # 3 Exhibit Exh 3 [redacted], # 4 Exhibit Exh 4 Defendant's letter June 20, 2014, # 5 Text of Proposed Order [redacted]) Motions referred to Evelyn J. Furse.(Humpherys, L.) Modified motion type and docket text on 4/10/2018 (jds). Added MOTION to Expedite on 4/10/2018 (jds).
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Request |
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| 185 |
Filed: 4/9/2018, Entered: 4/9/2018 |
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REFILED as 187 **SEALED DOCUMENT** re 184 Redacted MOTION to Expedite ruling on Plaintiffs' Motion to Compel and Memorandum in Support Plaintiff's MOTION to Compel Production of Prior Claims Manuals and Memorandum in Support filed by Plaintiffs City of Orem, James LauretNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: # 1 Exhibit Exh 1 Affidavit of David Ashley, # 2 Exhibit Exh 2 Defendants Claims Manual June 2015, # 3 Exhibit Exh 3 Deposition of David Ashley, # 4 Exhibit Exh 4 Defendant's Letter June 20, 2014, # 5 Text of Proposed Order [Proposed] Order Granting Motion to Compel)(Humpherys, L.) Modified on 4/10/2018 (jds).
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Request |
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| 184 |
Filed: 4/9/2018, Entered: 4/9/2018 |
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REFILED as 186 - Redacted MOTION to Expedite ruling on Plaintiffs' Motion to Compel and Memorandum in Support , Plaintiff's MOTION to Compel Production of Prior Claims Manuals and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Exh 1 Affidavit of David Ashley, # 2 Exhibit Exh 2 [redacted], # 3 Exhibit Exh 3 [redacted], # 4 Exhibit Exh 4 Defendant's letter of June 20, 2014, # 5 Text of Proposed Order [Proposed] Order Granting Motion to Compel) Motions referred to Evelyn J. Furse.(Humpherys, L.) Modified on 4/10/2018 (jds).
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Request |
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| 183 |
Filed: 4/9/2018, Entered: 4/9/2018 |
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ORDER granting in part and denying in part 151 Defendants Expedited Short Form Discovery Motion Pursuant to Fed. R. Civ. P. 37 and DUCivR. 37-1. Signed by Magistrate Judge Evelyn J. Furse on 4/9/2018. (jds)
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Request |
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| 182 |
Filed: 4/9/2018, Entered: 4/9/2018 |
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ORDER granting 143 Defendants Motion to Compel Snow, Christensen & Martineau to Produce Requested Information. Signed by Magistrate Judge Evelyn J. Furse on 4/9/2018. (jds)
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Request |
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| 181 |
Filed: 4/6/2018, Entered: 4/6/2018 |
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DOCKET TEXT ORDER granting 179 Motion for Extension of Time to File Response/Reply. The court has reviewed the Stipulation and Joint Motion to Extend Time for Plaintiffs and Defendant to File Responsive Pleadings to Defendant's Motion for Summary Judgment (ECF No. 179), and with good cause appearing, the court GRANTS the motion. It is HEREBY ORDERED that Plaintiffs must file their memorandum in opposition to Defendant's Motion for Summary Judgment on or before April 30, 2018. Defendants must file their reply twenty-eight (28) days after Plaintiffs file their opposition. Signed by Judge Jill N. Parrish on 4/6/2018. No attached document. (dcb)
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| 180 |
Filed: 4/5/2018, Entered: 4/5/2018 |
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REQUEST to Submit for Decision re 158 MOTION to Strike 156 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support , 157 Plaintiff's MOTION and Memorandum in Support and Memorandum in Support Defendants Second Expedited Motio MOTION to Expedite treatment and Memorandum in Support of Motion to Expedite, 156 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support , 164 Response to Motion, 159 Memorandum in Opposition to Motion, filed by Plaintiffs City of Orem, CF3E98B. (Humpherys, L.)
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Request |
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| 179 |
Filed: 4/5/2018, Entered: 4/5/2018 |
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Joint MOTION for Extension of Time to File Response/Reply as to 168 Motions No Longer Referred, 150 MOTION for Summary Judgment and Memorandum in Support , 165 MOTION to Amend/Correct 150 MOTION for Summary Judgment and Memorandum in Support and Memorandum in Support Motion to Supplement Defendant's Motion for Summary Judgment and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Proposed Order) Motions referred to Evelyn J. Furse.(Humpherys, L.)
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Request |
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| 178 |
Filed: 4/4/2018, Entered: 4/4/2018 |
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**SEALED DOCUMENT** re 176 Memorandum in Opposition to Motion,, 175 Notice of Hearing on Motion,, 177 Sealed Document,,, 173 MOTION to Seal and Memorandum in Support Defendant's Short Form Emergency Motion to Seal Confidential Records Disclosed by Plaintiffs in Violation of Protective Order re 172 Order on Motion to Seal Document, 170 Reply Memorandum/ MOTION for Sanctions and Memorandum in Support MOTION to Expedite treatment and Memorandum in Support , 174 Order, filed by Plaintiffs City of Orem, James LauretNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: # 1 Exhibit Exh 1 Pl's Email Mar 1, 2018, # 2 Exhibit Exh 2 Parties Stipulation and Joint Motion, # 3 Exhibit Exh 3 Emails Mar 21, 2018)(Humpherys, L.)
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| 177 |
Filed: 4/4/2018, Entered: 4/4/2018 |
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**SEALED DOCUMENT** re 173 MOTION to Seal and Memorandum in Support Defendant's Short Form Emergency Motion to Seal Confidential Records Disclosed by Plaintiffs in Violation of Protective Order re 172 Order on Motion to Seal Document, 170 Reply Memorandum/ MOTION for Sanctions and Memorandum in Support MOTION to Expedite treatment and Memorandum in Support , 176 Memorandum in Opposition to Motion,, filed by Plaintiffs City of Orem, James LauretNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: # 1 Exhibit Exh 1 Pl's Email to Def Mar 1, 2018, # 2 Exhibit Exh 2 Parties Stipulation and Joint Motion, # 3 Exhibit Exh 3 Emails Mar 21, 2018)(Humpherys, L.)
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| 176 |
Filed: 4/4/2018, Entered: 4/4/2018 |
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Redacted MEMORANDUM in Opposition re 173 MOTION to Seal and Memorandum in Support Defendant's Short Form Emergency Motion to Seal Confidential Records Disclosed by Plaintiffs in Violation of Protective Order re 172 Order on Motion to Seal Document, 170 Reply Memorandum/ MOTION for Sanctions and Memorandum in Support MOTION to Expedite treatment and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Exh 1 Pl's Email to Defendant Mar 1, 2018, # 2 Exhibit Exh 2 Parties' Stipulation and Joint Motion, # 3 Exhibit Exh 3 Emails March 21, 2018)(Humpherys, L.)
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Request |
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| 175 |
Filed: 4/4/2018, Entered: 4/4/2018 |
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NOTICE OF HEARING ON MOTION re: 173 MOTION to Seal and Memorandum in Support Defendant's Short Form Emergency Motion to Seal Confidential Records Disclosed by Plaintiffs in Violation of Protective Order re 172 Order on Motion to Seal Document, 170 Reply Memorandum/ MOTION for Sanctions and Memorandum in Support MOTION to Expedite treatment and Memorandum in Support , 157 Plaintiff's MOTION and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 4/26/2018 at 09:00 AM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. (lnp)
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| 174 |
Filed: 4/4/2018, Entered: 4/4/2018 |
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DOCKET TEXT ORDER. The Court will seal the reply memorandum and exhibit filed April 2, 2018 170 pending resolution of the Defendant's Short Form Emergency Motion to Seal Confidential Records Disclosed by Plaintiffs 173 . No attached document. Signed by Magistrate Judge Evelyn J. Furse on 4/4/2018. (nas)
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| 173 |
Filed: 4/4/2018, Entered: 4/4/2018 |
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MOTION to Seal and Memorandum in Support Defendant's Short Form Emergency Motion to Seal Confidential Records Disclosed by Plaintiffs in Violation of Protective Order re 172 Order on Motion to Seal Document, 170 Reply Memorandum/Reply to Response to Motion,, MOTION for Sanctions and Memorandum in Support , MOTION to Expedite treatment and Memorandum in Support filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. (Attachments: # 1 Text of Proposed Order Proposed Order) Motions referred to Evelyn J. Furse.(Nickel, Mark)
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Request |
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| 172 |
Filed: 4/3/2018, Entered: 4/3/2018 |
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ORDER re 155 Stipulation and Joint Motion for Leave to File Redacted and Unredacted Pleadings and Exhibits Under Seal. Signed by Magistrate Judge Evelyn J. Furse on 4/3/2018. (jds)
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Request |
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| 171 |
Filed: 4/2/2018, Entered: 4/2/2018 |
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Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing held on 4/2/2018 re 143 MOTION to Compel Snow, Christensen & Martineau to Produce Requested Information and Memorandum in Support filed by Evanston Insurance, 151 MOTION for Short Term Discovery re: Requests for production of policies, binders, quotes, proposals, and communications re same. Defendant's Expedited Short Form Discovery Motion Pursuant to Fed.R.Civ.P. 37 and DuCivR-37-1 MOTION to Expedite treatment and Memorandum in Support filed by Evanston Insurance. Court hears argument from counsel and GRANTS IN PART, DENIES IN PART 143 MOTION to Compel Snow, Christensen & Martineau to Produce Requested Information. Court GRANTS IN PART, DENIES IN PART 151 MOTION for Short Term Discovery re: Requests for production of policies, binders, quotes, proposals, and communications re same. Court instructs parties to further meet and confer. Court instructs defense counsel to prepare and submit a proposed order. Attorney for Plaintiff: L. Rich Humpherys, Attorney for Defendant: Mark A. Nickel. Attorney Rodney Parker. Court Reporter: Electronic.(Time Start: 1:04:32, Time End: 2:35:03, Room 8.400.)(lnp)
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| 169 |
Filed: 3/29/2018, Entered: 3/29/2018 |
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REPLY to Response to Motion re 143 MOTION to Compel Snow, Christensen & Martineau to Produce Requested Information and Memorandum in Support filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. (Nickel, Mark)
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Request |
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| 168 |
Filed: 3/28/2018, Entered: 3/28/2018 |
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Motions No Longer Referred: 165 MOTION to Amend/Correct 150 MOTION for Summary Judgment and Memorandum in Support and Memorandum in Support Motion to Supplement Defendant's Motion for Summary Judgment (dcb)
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| 167 |
Filed: 3/27/2018, Entered: 3/27/2018 |
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2ND AMENDED NOTICE OF HEARING ON MOTIONS re: 151 MOTION for Short Term Discovery re: Requests for production of policies, binders, quotes, proposals, and communications re same. Defendant's Expedited Short Form Discovery Motion Pursuant to Fed.R.Civ.P. 37 and DuCivR-37-1 MOTION to Expedite treatment and Memorandum in Support , 143 MOTION to Compel Snow, Christensen & Martineau to Produce Requested Information and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing reset for 4/2/2018 at 01:00 PM in Rm 8.400 before Magistrate Judge Evelyn J. Furse. (lnp)
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| 166 |
Filed: 3/27/2018, Entered: 3/27/2018 |
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RESPONSE to Motion re 143 MOTION to Compel Snow, Christensen & Martineau to Produce Requested Information and Memorandum in Support filed by Interested Party Snow Christensen & Martineau. (Attachments: # 1 Exhibit 1: 2018-03-07 Mark A. Nickel Letter)(Parker, Rodney)
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Request |
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| 165 |
Filed: 3/26/2018, Entered: 3/26/2018 |
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MOTION to Amend/Correct 150 MOTION for Summary Judgment and Memorandum in Support and Memorandum in Support Motion to Supplement Defendant's Motion for Summary Judgment filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. Motions referred to Evelyn J. Furse.(Nickel, Mark)
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Request |
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| 164 |
Filed: 3/26/2018, Entered: 3/26/2018 |
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RESPONSE to Motion re 156 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support , 157 Plaintiff's MOTION and Memorandum in Support Plaintiffs' Short Form Rule DUCivR 37-1 Motion filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. (Nickel, Mark)
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Request |
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| 163 |
Filed: 3/26/2018, Entered: 3/26/2018 |
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REPLY to Response to Motion re 136 MOTION to Dismiss MOTION TO DISMISS filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. (Nickel, Mark)
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Request |
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| 162 |
Filed: 3/24/2018, Entered: 3/24/2018 |
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ERRATA to 132 Reply Memorandum/Reply to Response to Motion, filed by Plaintiffs City of Orem, CF3E98B . (Attachments: # 1 Exhibit Exh A Declaration of Adamson, # 2 Exhibit Exh B Moreton delivering Policy, # 3 Exhibit Exh C 2012 Binder, # 4 Exhibit Exh D Defendant's Invoice to Moreton, # 5 Exhibit Exh E Moreton's Invoice to Orem, # 6 Exhibit Exh F Defendant Issue of 2014 Binder)(Humpherys, L.)
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Request |
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| 161 |
Filed: 3/23/2018, Entered: 3/23/2018 |
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AMENDED NOTICE OF HEARING ON MOTION re: 151 MOTION for Short Term Discovery re: Requests for production of policies, binders, quotes, proposals, and communications re same. Defendant's Expedited Short Form Discovery Motion Pursuant to Fed.R.Civ.P. 37 and DuCivR-37-1 MOTION to Expedite treatment and Memorandum in Support , 143 MOTION to Compel Snow, Christensen & Martineau to Produce Requested Information and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 3/28/2018 at 09:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. Hearing reset at the request of counsel. (lnp)
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| 160 |
Filed: 3/22/2018, Entered: 3/22/2018 |
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Plaintiff's MEMORANDUM in Opposition re 151 MOTION for Short Term Discovery re: Requests for production of policies, binders, quotes, proposals, and communications re same. Defendant's Expedited Short Form Discovery Motion Pursuant to Fed.R.Civ.P. 37 and DuCivR-37-1 MOTION to Expedite treatment and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Portions of Deposition of Mikel Birch, # 2 Exhibit Emails between counsel in March, 2018)(Humpherys, L.)
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Request |
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| 159 |
Filed: 3/21/2018, Entered: 3/21/2018 |
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Plaintiff's MEMORANDUM in Opposition re 158 MOTION to Strike 156 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support , 157 Plaintiff's MOTION and Memorandum in Support and Memorandum in Support Defendants Second Expedited Motio MOTION to Expedite treatment and Memorandum in Support of Motion to Expedite filed by Plaintiffs City of Orem, CF3E98B. (Humpherys, L.)
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Request |
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| 158 |
Filed: 3/21/2018, Entered: 3/21/2018 |
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MOTION to Strike 156 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support , 157 Plaintiff's MOTION and Memorandum in Support and Memorandum in Support Defendants Second Expedited Motion to Strike, MOTION to Expedite treatment and Memorandum in Support of Motion to Expedite filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. Motions referred to Evelyn J. Furse.(Nickel, Mark)
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Request |
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| 157 |
Filed: 3/20/2018, Entered: 3/20/2018 |
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Plaintiff's MOTION and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Text of Proposed Order that Plaintiffs' Second Motion for Sanctions is not subject to DUCivR 37-1) Motions referred to Evelyn J. Furse.(Humpherys, L.)
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Request |
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| 156 |
Filed: 3/20/2018, Entered: 3/20/2018 |
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Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Text of Proposed Order To Allow Plaintiff to File Over length Memorandum) Motions referred to Evelyn J. Furse.(Humpherys, L.)
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Request |
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| 155 |
Filed: 3/20/2018, Entered: 3/20/2018 |
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Stipulated MOTION to Seal Document and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Text of Proposed Order stipulated order) Motions referred to Evelyn J. Furse.(Humpherys, L.)
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Request |
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| 154 |
Filed: 3/19/2018, Entered: 3/19/2018 |
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DOCKET TEXT ORDER GRANTING 153 Defendant's Expedited Motion to Strike and STRIKING 146 147 Motion for Sanctions. Plaintiffs' Motion for Sanctions fails to comply with DUCivR 37-1's requirements, including the length limitations. If additional pages beyond those allowed under the short form rule are needed, Plaintiffs must request additional briefing in the short form motion or at a hearing, and explain the need for additional pages. DUCivR 37-1(a)(8). Further, if additional briefing is permitted, it would have to comply with the limitations set forth in DUCivR 7-1(a)(3)(C). Additionally, if any party seeks to file any part of a motion, including exhibits, under seal, it must seek leave to do so and comply with all other requirements set forth in DUCivR 5-3. Signed by Magistrate Judge Evelyn J. Furse on 3/19/2018. No attached document. (nas)
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| 153 |
Filed: 3/19/2018, Entered: 3/19/2018 |
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MOTION to Strike 147 Sealed Document,,,,, 146 Redacted MOTION for Sanctions and Memorandum in Support and Memorandum in Support , MOTION to Expedite treatment and Memorandum in Support of Motion to Strike filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. Motions referred to Evelyn J. Furse.(Nickel, Mark)
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Request |
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| 152 |
Filed: 3/19/2018, Entered: 3/19/2018 |
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AMENDED NOTICE OF HEARING ON MOTIONS re: 151 MOTION for Short Term Discovery re: Requests for production of policies, binders, quotes, proposals, and communications re same. Defendant's Expedited Short Form Discovery Motion Pursuant to Fed.R.Civ.P. 37 and DuCivR-37-1 MOTION to Expedite treatment and Memorandum in Support , 143 MOTION to Compel Snow, Christensen & Martineau to Produce Requested Information and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 3/26/2018 at 11:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. PLEASE NOTE THE DATE AND TIME CHANGE REGARDING ECF 143 . ALSO, THE COURT HAS ADDED ECF 151 TO THE HEARING. THE HEARING WILL BE IN PERSON. (lnp)
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| 151 |
Filed: 3/16/2018, Entered: 3/16/2018 |
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MOTION for Short Term Discovery re: Requests for production of policies, binders, quotes, proposals, and communications re same. Defendant's Expedited Short Form Discovery Motion Pursuant to Fed.R.Civ.P. 37 and DuCivR-37-1, MOTION to Expedite treatment and Memorandum in Support filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. Motions referred to Evelyn J. Furse.(Nickel, Mark)
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Request |
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| 150 |
Filed: 3/15/2018, Entered: 3/15/2018 |
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MOTION for Summary Judgment and Memorandum in Support filed by Defendant Evanston Insurance. (Attachments: # 1 Appendix)(Fellman, B.)
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Request |
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| 149 |
Filed: 3/15/2018, Entered: 3/15/2018 |
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AMENDED NOTICE OF HEARING ON MOTION re: 143 MOTION to Compel Snow, Christensen & Martineau to Produce Requested Information and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing reset for 3/21/2018 at 04:00 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. Hearing to be held telephonically. Counsel to receive conference call information by email. (lnp)
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| 148 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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Plaintiff's REPLY to Response to Motion re 139 Plaintiff's MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Humpherys, L.)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 147 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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**SEALED DOCUMENT** re 146 Redacted MOTION for Sanctions and Memorandum in Support filed by Plaintiffs City of Orem, James LauretNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: # 1 Appendix Index to Plaintiffs' Exhibits [redacted], # 2 Exhibit Exhibit 1.Plaintiffs Discovery Requests, April 4, 2017, # 3 Exhibit Exhibit 2.Defendants Response to Plaintiffs Discovery Requests, # 4 Exhibit Exhibit 3.Deposition excerpt of Carlynn Goodman, # 5 Exhibit Exhibit 4.Deposition excerpt of David Ashley, June 19, 2017, # 6 Exhibit Exhibit 5.Defendants Opposing Memorandum re Plaintiffs Motion to Compel, # 7 Exhibit Exhibit 6.Emails between counsel, July 18, 2017, August 3, 2017, # 8 Exhibit Exhibit 7.Defendants Disclosure of Expert John Murphy and his Report, # 9 Exhibit Exhibit 8.Affidavit of David Warren Ashley, November 21, 2017, # 10 Exhibit Exhibit 9.Claims Quality Performance Objectives, June 2015, # 11 Exhibit Exhibit 10 Clams Department Procedures Manual, October 2016, # 12 Exhibit Exhibit 11. Deposition of David Ashley, Defendants Rule 30(b)(6) witness, February 27, 2018, # 13 Exhibit Exhibit 12. Deposition of David Ashley, fact witness, February 27, 2018, # 14 Exhibit Exhibit 13.Plaintiffs meet and confer email, February 28, 2018, # 15 Exhibit Exhibit 14. Evanstons Responses to Discoveries in Georgia case)(Humpherys, L.)
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| 146 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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Redacted MOTION for Sanctions and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Appendix Index to Plaintiffs' Exhibits [redacted], # 2 Exhibit Exhibit 1.Plaintiffs Discovery Requests, April 4, 2017, # 3 Exhibit Exhibit 2.Defendants Response to Plaintiffs Discovery Requests, # 4 Exhibit Exhibit 3.Deposition excerpt of Carlynn Goodman, # 5 Exhibit Exhibit 4.Deposition excerpt of David Ashley, June 19, 2017, # 6 Exhibit Exhibit 5.Defendants Opposing Memorandum re Plaintiffs Motion to Compel, June 23, 2017, # 7 Exhibit Exhibit 6.Emails between counsel, July 18, 2017, August 3, 2017, # 8 Exhibit Exhibit 7.Defendants Disclosure of Expert John Murphy and his Report, # 9 Exhibit Exhibit 8.Affidavit of David Warren Ashley, November 21, 2017, # 10 Exhibit Exhibit 9 [REDACTED], # 11 Exhibit Exhibit 10 [REDACTED], # 12 Exhibit Exhibit 11 [REDACTED], # 13 Exhibit Exhibit 12 [REDACTED], # 14 Exhibit Exhibit 13 [REDACTED], # 15 Exhibit Exhibit 14. Evanstons Responses to Discoveries in Georgia case) Motions referred to Evelyn J. Furse.(Humpherys, L.)
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Request |
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| 145 |
Filed: 3/12/2018, Entered: 3/12/2018 |
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Plaintiff's MEMORANDUM in Opposition re 136 MOTION to Dismiss MOTION TO DISMISS filed by Plaintiffs City of Orem, CF3E98B. (Humpherys, L.)
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Request |
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| 144 |
Filed: 3/7/2018, Entered: 3/7/2018 |
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NOTICE OF HEARING ON MOTION re: 143 MOTION to Compel Snow, Christensen & Martineau to Produce Requested Information and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing set for 3/16/2018 at 03:30 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (lnp)
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| 143 |
Filed: 3/6/2018, Entered: 3/6/2018 |
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MOTION to Compel Snow, Christensen & Martineau to Produce Requested Information and Memorandum in Support filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. Motions referred to Evelyn J. Furse.(Nickel, Mark)
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Request |
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| 142 |
Filed: 3/1/2018, Entered: 3/1/2018 |
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RESPONSE to Motion re 139 Plaintiff's MOTION for Attorney Fees and Memorandum in Support Defendant's Objection to Plaintiffs' Supplement and Addition to Notice of Plaintiffs' Affidavit and Cost Memorandum Relating to Sanctions Against Defendant for Failing to Comply with Court's Order filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. (Nickel, Mark)
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Request |
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| 141 |
Filed: 2/26/2018, Entered: 2/26/2018 |
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Motions No Longer Referred: 134 MOTION Defendant's Motion to Abate Rulings on Pending Motions. District Judge Jill N. Parrish to handle motion. (dcb)
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| 140 |
Filed: 2/23/2018, Entered: 2/23/2018 |
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Plaintiff's MEMORANDUM in Opposition re 134 MOTION Defendant's Motion to Abate Rulings on Pending Motions filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Email sending Quote, # 2 Exhibit Deposition of Moreton's Rule 30(b)(6) deposition and Producer Agreement, # 3 Exhibit Binder issued 6/12/2014 at 5:52 p.m., # 4 Exhibit Policy sent to Orem Nov 17, 2014)(Humpherys, L.)
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Request |
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| 139 |
Filed: 2/14/2018, Entered: 2/14/2018 |
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Plaintiff's MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Text of Proposed Order Relating to Sanction and Judgement) Motions referred to Evelyn J. Furse.(Humpherys, L.)
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Request |
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| 138 |
Filed: 2/14/2018, Entered: 2/14/2018 |
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ERRATA to 137 Affidavit, filed by Plaintiffs City of Orem, CF3E98B to add correct date. (Attachments: # 1 Exhibit Schedule of Attorneys time)(Humpherys, L.)
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Request |
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| 137 |
Filed: 2/14/2018, Entered: 2/14/2018 |
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AFFIDAVIT of L. Rich Humpherys re 96 Affidavit, 93 Order on Motion for Sanctions,,, Memorandum Decision,, 128 Memorandum Decision,,,,, filed by City of Orem, CF3E98B. (Attachments: # 1 Exhibit Schedule of Attorneys time)(Humpherys, L.)
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Request |
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| 136 |
Filed: 2/13/2018, Entered: 2/13/2018 |
|
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MOTION to Dismiss MOTION TO DISMISS filed by Defendant Evanston Insurance. (Nickel, Mark)
|
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Request |
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| 135 |
Filed: 2/9/2018, Entered: 2/9/2018 |
|
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Motions No Longer Referred: 134 MOTION Defendant's Motion to Abate Rulings on Pending Motions. District Judge Jill N. Parrish to handle motion. (dcb)
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| 134 |
Filed: 2/9/2018, Entered: 2/9/2018 |
|
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MOTION Defendant's Motion to Abate Rulings on Pending Motions filed by Defendant Evanston Insurance. (Attachments: # 1 Exhibit Exhibits) Motions referred to Evelyn J. Furse.(Nickel, Mark)
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Request |
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| 133 |
Filed: 2/8/2018, Entered: 2/8/2018 |
|
|
Motions No Longer Referred: 116 MOTION for Leave to File Counterclaim and Memorandum in Support. District Judge Jill N. Parrish to handle motion. (dcb)
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| 132 |
Filed: 2/7/2018, Entered: 2/7/2018 |
|
|
Plaintiff's REPLY to Response to Motion re 97 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Declaration of Jason Adamson, # 2 Exhibit Producer Agreement between Moreton and Evanston, # 3 Exhibit 2013 Insurance Binder)(Humpherys, L.)
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Request |
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| 131 |
Filed: 1/30/2018, Entered: 1/30/2018 |
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|
WITHDRAWAL OF MOTION by Plaintiffs City of Orem, CF3E98B re 120 Plaintiff's MOTION to Quash Defendant's Subpoena to Fred A. Moreton & Company and Memorandum in Support filed by City of Orem, CF3E98B . (Humpherys, L.)
|
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Request |
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| 130 |
Filed: 1/29/2018, Entered: 1/29/2018 |
|
|
DOCKET TEXT ORDER The parties shall clarify by Friday, February 2, 2018 whether Plaintiffs' Motion to Quash Defendant's Subpoena to Fred A. Moreton & Company 120 is moot. On January 15, 2018, Defendant filed a Notice of Withdrawal of the Subpoena 125 indicating that the stricken Objection to the Subpoena 118 was moot, but did not reference the Motion to Quash. If the Motion to Quash is moot, Plaintiffs should file a Notice of Withdrawal of the Motion by February 2, 2018. No attached document. Signed by Magistrate Judge Evelyn J. Furse on 1/29/2018. (nas)
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| 129 |
Filed: 1/26/2018, Entered: 1/26/2018 |
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|
ORDER OF RECUSAL Magistrate Judge Paul M. Warner recused. Case reassigned to Magistrate Judge Evelyn J. Furse for all further proceedings. Motions referred to Evelyn J. Furse. Signed by Magistrate Judge Paul M. Warner on 1/26/2018. (jds)
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Request |
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| 128 |
Filed: 1/24/2018, Entered: 1/24/2018 |
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|
MEMORANDUM DECISION AND ORDER Sustaining in Part and Overruling in Part Defendant's Partial Objection to Magistrate's Memorandum Decision and Order 102 : 1) Plaintiffs shall be allowed to take a Rule 30(b)(6) deposition of a managerial employee of Evanston most knowledgeable regarding the claims manuals, construed broadly to include company policies and procedures regarding claims; 2) The court strikes the final sentence of paragraph 3 of the Sanctions Order, which provides, "[Evanston] shall pay for the reasonable attorney fees and expenses associated with the taking of this deposition"; 3) Evanston is ORDERED to comply with paragraph 2 of the Sanctions Order, which provides that "Defendant shall produce to Plaintiffs Markel's underwriting guidelines in place at the time the City's policy was issued, the Letter of Authority, and any other underwriting guidelines, manuals, policies, procedures, or other documents relied upon by the underwriter in issuing the City's policy"; and 4) Plaintiffs are awarded reasonable expenses, including attorneys' fees, related to Evanston's refusal to produce the documents as ordered by the Production Order. Signed by Judge Jill N. Parrish on 1/24/18. (dla)
|
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Request |
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| 127 |
Filed: 1/23/2018, Entered: 1/23/2018 |
|
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RESPONSE re 126 Order,Stipulation Regarding the Citizenship of Plaintiff CF3E98B filed by Evanston Insurance. (Fellman, B.)
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Request |
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| 126 |
Filed: 1/17/2018, Entered: 1/17/2018 |
|
|
ORDER granting Limited Discovery. The court GRANTS Evanston 30 days to engage in limited discovery concerning the citizenship of Mr. CF3E98B. Signed by Judge Jill N. Parrish on 1/17/2018. (jds)
|
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Request |
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| 125 |
Filed: 1/15/2018, Entered: 1/15/2018 |
|
|
NOTICE of Withdrawal of Subpoena to Moreton by Evanston Insurance re 120 Plaintiff's MOTION to Quash Defendant's Subpoena to Fred A. Moreton & Company and Memorandum in Support (Fellman, B.)
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Request |
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| 124 |
Filed: 1/12/2018, Entered: 1/12/2018 |
|
|
RESPONSE to Motion re 97 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendant Evanston Insurance. (Attachments: # 1 Appendix)(Fellman, B.)
|
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Request |
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| 123 |
Filed: 1/5/2018, Entered: 1/5/2018 |
|
|
Plaintiff's MEMORANDUM in Opposition re 117 Plaintiff's MOTION to Dismiss and Memorandum in Support , 116 MOTION for Leave to File Counterclaim and Memorandum in Support filed by Counter Defendants City of Orem, CF3E98B. (Humpherys, L.)
|
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Request |
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| 122 |
Filed: 1/5/2018, Entered: 1/5/2018 |
|
|
RESPONSE to Motion re 117 Plaintiff's MOTION to Dismiss and Memorandum in Support filed by Counter Claimant Evanston Insurance. (Attachments: # 1 Exhibit A-D to Response)(Fellman, B.)
|
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Request |
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| 121 |
Filed: 1/4/2018, Entered: 1/4/2018 |
|
|
Motions No Longer Referred to Chief Magistrate Judge Paul M. Warner: 116 MOTION for Leave to File Counterclaim and Memorandum in Support. District Judge Jill N. Parrish will decide the motion. (abs)
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| 120 |
Filed: 1/3/2018, Entered: 1/3/2018 |
|
|
Plaintiff's MOTION to Quash Defendant's Subpoena to Fred A. Moreton & Company and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Notice of Intent to Serve Subpoena, # 2 Exhibit Subpoena to Fred A. Moreton, # 3 Text of Proposed Order Granting Motion to Quash) Motions referred to Paul M. Warner.(Humpherys, L.)
|
|
Request |
|
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| 119 |
Filed: 1/3/2018, Entered: 1/3/2018 |
|
|
CLERK'S NOTICE OF ERROR re 118 Objections. Description of error: The objection requests that the court quash the subpoena. Rule 45(d)(3) requires such a request to be made in a timely filed motion. Entry is Stricken. (jds)
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| 118 |
Filed: 1/2/2018, Entered: 1/2/2018 |
|
|
Stricken per docket entry 119 OBJECTIONS filed by City of Orem, CF3E98B. (Attachments: # 1 Exhibit Defendant's Notice to Serve Subpoena, # 2 Exhibit Subpoena to Moreton)(Humpherys, L.)M/s> Modified on 1/3/2018 (jds).
|
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Request |
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| 117 |
Filed: 12/22/2017, Entered: 12/22/2017 |
|
|
Plaintiff's MOTION to Dismiss and Memorandum in Support filed by Counter Defendants City of Orem, CF3E98B. (Attachments: # 1 Text of Proposed Order to Dismiss Counterclaim)(Humpherys, L.)
|
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Request |
|
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| 116 |
Filed: 12/22/2017, Entered: 12/22/2017 |
|
|
MOTION for Leave to File Counterclaim and Memorandum in Support filed by Counter Claimant Evanston Insurance. (Attachments: # 1 Exhibit A) Motions referred to Paul M. Warner.(Fellman, B.)
|
|
Request |
|
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| 115 |
Filed: 12/21/2017, Entered: 12/21/2017 |
|
|
Plaintiff's RESPONSE re 114 Order, 102 Objection to Magistrate Judge Decision to District Court, filed by City of Orem, CF3E98B. (Humpherys, L.)
|
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Request |
|
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| 114 |
Filed: 12/14/2017, Entered: 12/14/2017 |
|
|
DOCKET TEXT ORDER. Plaintiffs are hereby given the opportunity, pursuant to DUCivR 72-3(b), to respond to Defendant's Partial Objection to Magistrate's Memorandum Decisions and Order (ECF No. 102). Plaintiffs shall respond accordingly on or before Friday, December 22, 2017. The Court will grant Defendant an opportunity to reply if the Court determines that a reply is warranted. Signed by Judge Jill N. Parrish on 12/14/2017. (dcb)
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| 113 |
Filed: 12/8/2017, Entered: 12/8/2017 |
|
|
ORDER granting 109 Second Motion to Amend Scheduling Order: Discovery due by 5/31/2018. Motions due by 5/31/2018. Signed by Magistrate Judge Paul M. Warner on 12/8/2017. (jds)
|
|
Request |
|
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| 112 |
Filed: 12/8/2017, Entered: 12/8/2017 |
|
|
DOCKET TEXT ORDER. The Court, having reviewed the Stipulated Motion for Extension of Time (ECF No. 110) and good cause appearing, hereby GRANTS the motion. The deadline for Evanston to respond to Plaintiff's Motion for Partial Summary Judgment (ECF No. 97) is extended to January 12, 2018. Signed by Judge Jill N. Parrish on 12/8/2017. (dcb)
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|
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| 111 |
Filed: 12/7/2017, Entered: 12/7/2017 |
|
|
Modification of Docket: Error: Motion filed as a STIPULATION. Correction: Changed filing event from STIPULATION to MOTION re 110 MOTION for Extension of Time to File Response/Reply. (jds)
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| 110 |
Filed: 12/7/2017, Entered: 12/7/2017 |
|
|
Stipulated MOTION STIPULATION for Extension of Time to File Response/Reply re 97 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support by Evanston Insurance. (Nickel, Mark) Modified event type on 12/7/2017 (jds).
|
|
Request |
|
|
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| 109 |
Filed: 12/7/2017, Entered: 12/7/2017 |
|
|
Stipulated MOTION for Scheduling Order Stipulated Second Amended Scheduling Order filed by Counter Claimant Evanston Insurance, Defendant Evanston Insurance. Motions referred to Paul M. Warner.(Nickel, Mark)
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|
Request |
|
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|
| 108 |
Filed: 12/5/2017, Entered: 12/5/2017 |
|
|
OBJECTIONS re 96 Affidavit, 93 Memorandum Decision - Order on Motion for Sanctions, filed by Evanston Insurance. (Attachments: # 1 Exhibit Exhibits to Objection)(Nickel, Mark) Modified docket text on 12/7/2017 (jds).
|
|
Request |
|
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| 107 |
Filed: 12/1/2017, Entered: 12/1/2017 |
|
|
DOCKET TEXT ORDER. The Court having reviewed the Parties' stipulated motion (ECF No. 106), and good cause appearing, hereby GRANTS the motion. The deadline for Evanston to respond to Plaintiff's Affidavit and Cost Memorandum Relating to Sanctions Against Defendant for Failing to Comply With Court's Order (ECF No. 96) is extended to December 5, 2017. Signed by Judge Jill N. Parrish on 12/1/2017. (dcb)
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|
|
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| 106 |
Filed: 11/30/2017, Entered: 11/30/2017 |
|
|
STIPULATION re 96 Affidavit Stipulation for Extension of Time for Evanston to Respond to Plaintiffs' Affidavit and Cost Memorandum by Evanston Insurance. (Nickel, Mark)
|
|
Request |
|
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| 105 |
Filed: 11/29/2017, Entered: 11/29/2017 |
|
|
ANSWER to 101 Counterclaim filed by City of Orem.(Humpherys, L.)
|
|
Request |
|
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|
| 104 |
Filed: 11/22/2017, Entered: 11/22/2017 |
|
|
DOCKET TEXT ORDER granting 100 Motion for Admission Pro Hac Vice of Robert A. Bragalone for Evanston Insurance. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 11/22/17. No attached document. (dla)
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| 103 |
Filed: 11/22/2017, Entered: 11/22/2017 |
|
|
DOCKET TEXT ORDER granting 99 Motion for Admission Pro Hac Vice of B. Ryan Fellman for Evanston Insurance. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 11/22/17. No attached document. (dla)
|
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| 102 |
Filed: 11/21/2017, Entered: 11/21/2017 |
|
|
OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by Evanston Insurance re 93 Order on Motion for Sanctions, Memorandum Decision,,,, (Attachments: # 1 Exhibit Exhibits 1 through 5)(Nickel, Mark)
|
|
Request |
|
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| 101 |
Filed: 11/21/2017, Entered: 11/21/2017 |
|
|
Evanston Insurance Company's ANSWER to 94 Amended Complaint and, COUNTERCLAIM against All Plaintiffs filed by Evanston Insurance. (Attachments: # 1 Exhibit Exhibits 1 through 6 to Counterclaim)(Nickel, Mark)
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|
Request |
|
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|
| 100 |
Filed: 11/21/2017, Entered: 11/21/2017 |
|
|
MOTION for Admission Pro Hac Vice of Robert A. Bragalone , Registration fee $ 250, receipt number 1088-2886999, filed by Defendant Evanston Insurance. (Attachments: # 1 Text of Proposed Order)(Nickel, Mark)
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|
Request |
|
|
|
| 99 |
Filed: 11/21/2017, Entered: 11/21/2017 |
|
|
MOTION for Admission Pro Hac Vice of B. Ryan Fellman , Registration fee $ 250, receipt number 1088-2886958, filed by Defendant Evanston Insurance. (Attachments: # 1 Text of Proposed Order)(Nickel, Mark)
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|
Request |
|
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|
| 98 |
Filed: 11/20/2017, Entered: 11/20/2017 |
|
|
ADDENDUM to 97 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiff City of Orem . (Attachments: # 1 Exhibit Deposition of Mark Schauss, # 2 Exhibit The insurance policy, # 3 Exhibit The Tanaka complaint, # 4 Exhibit Deposition of Jason Adamson, # 5 Exhibit Orems application for insurance, # 6 Exhibit Deposition of Amber Carver, # 7 Exhibit Deposition of Matthew Cook, # 8 Exhibit Emails relating to Evanstons request, # 9 Exhibit Emails re: Orem providing requested information, # 10 Exhibit Email to Evanston providing requested information, # 11 Exhibit Burns & Wilcox Quote, # 12 Exhibit Burns & Wilcox Binder, # 13 Exhibit Email to Orem sending Binder, # 14 Exhibit Internal emails re preparing and issuing the policy, # 15 Exhibit Email from Burns & Wilcox sending policy to Evanston, # 16 Exhibit Email from Burns & Wilcox sending policy to Moreton, # 17 Exhibit Notice of loss, # 18 Exhibit Assignment of claim to adjuster Carlynn Goodman, # 19 Exhibit Internal emails between Burns & Wilcox and Evanston, # 20 Exhibit Internal emails re delay in adding the Endorsement, # 21 Exhibit Attempt to amend policy, # 22 Exhibit Adjusters claim notes, # 23 Exhibit Evanstons internal email, # 24 Exhibit Adjusters claim note there is no coverage, # 25 Exhibit Attorney Jonathan Rupps coverage opinion letter, # 26 Exhibit Deposition of Jonathan Rupp, # 27 Exhibit Evanstons denial of coverage letter, # 28 Exhibit Settlement Agreement between Orem and Tanakas, # 29 Exhibit Court order approving settlement, # 30 Exhibit Summary of Orems defense costs, # 31 Exhibit Deposition of Carlynn Goodman, # 32 Exhibit Deposition of Langdon Harrison, # 33 Exhibit Deposition of Frederick Fisher)(Humpherys, L.)
|
|
Request |
|
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|
| 97 |
Filed: 11/20/2017, Entered: 11/20/2017 |
|
|
Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiff City of Orem. (Humpherys, L.)
|
|
Request |
|
|
|
| 96 |
Filed: 11/15/2017, Entered: 11/15/2017 |
|
|
AFFIDAVIT of L. Rich Humpherys re 93 Order on Motion for Sanctions, Memorandum Decision,,,, filed by City of Orem. (Attachments: # 1 Affidavit Plaintiffs' Attorneys Fees and costs regarding Sanctions)(Humpherys, L.)
|
|
Request |
|
|
|
| 95 |
Filed: 11/12/2017, Entered: 11/12/2017 |
|
|
SUBSTITUTION OF COUNSEL Mark A. Nickel replacing Heidi G. Goebel; Mark L. Anderson and Timothy J. Curtis as counsel on behalf of Evanston Insurance. (Nickel, Mark)
|
|
Request |
|
|
|
| 94 |
Filed: 11/7/2017, Entered: 11/7/2017 |
|
|
AMENDED COMPLAINT against All Defendants with Jury Demand. filed by City of Orem. (Attachments: # 1 Exhibit Exhbit 1 Insurance Policy, # 2 Exhibit Exhibit 2 Tanaka Complaint, # 3 Exhibit Exhibit 3 Endorsement) (Humpherys, L.)
|
|
Request |
|
|
|
| 93 |
Filed: 11/7/2017, Entered: 11/7/2017 |
|
|
MEMORANDUM DECISION AND ORDER granting in part and denying in part 66 Motion for Sanctions Against Defendant for Failing to Comply with Court's Order. Plaintiffs are directed, within fourteen (14) days of the date of this order, to file an affidavit and cost memorandum detailing the reasonable expenses, including attorney fees, incurred in connection with filing the instant motion for sanctions. Defendant will then have fourteen (14) days to respond to Plaintiffs' affidavit and cost memorandum. After receiving the parties' briefs, the court will make a final determination concerning the amount of sanctions imposed upon Defendant. Signed by Judge Jill N. Parrish on 11/7/17. (dla)
|
|
Request |
|
|
|
| 92 |
Filed: 11/3/2017, Entered: 11/3/2017 |
|
|
ORDER granting 91 Stipulated Motion to Temporarily Stay First Amended Scheduling Order. The Court further orders that within thirty (30) days after the Plaintiffs file their Amended Complaint, the parties will either (1) file a stipulated Second Amended Scheduling Order, or (2) request a scheduling conference with the court to establish a Second Amended Scheduling Order pursuant to Fed. R. Civ. P. 16. Signed by Magistrate Judge Paul M. Warner on 11/3/17. (dla)
|
|
Request |
|
|
|
| 91 |
Filed: 11/2/2017, Entered: 11/2/2017 |
|
|
Stipulated MOTION to Stay Temporarily the First Amended Scheduling Order filed by Defendant Evanston Insurance. (Attachments: # 1 Text of Proposed Order Order Granting Stipulated Motion to Temporarily Stay First Amended Scheduling Order) Motions referred to Paul M. Warner.(Goebel, Heidi)
|
|
Request |
|
|
|
| 90 |
Filed: 10/27/2017, Entered: 10/27/2017 |
|
|
MEMORANDUM DECISION and ORDER granting 64 Defendant's Motion to Dismiss Third Case of Action. Plaintiffs have fourteen days from the date of this Order to amend their complaint. Signed by Judge Jill N. Parrish on 10/27/2017. (blh)
|
|
Request |
|
|
|
| 89 |
Filed: 10/5/2017, Entered: 10/5/2017 |
|
|
ORDER granting 88 Stipulated Motion to Extend Expert Discovery. The cutoff for expert discovery to complete the deposition of Frederick Fisher, is extended to and including, 10/25/2017. Signed by Magistrate Judge Paul M. Warner on 10/5/17. (dla)
|
|
Request |
|
|
|
| 88 |
Filed: 10/4/2017, Entered: 10/4/2017 |
|
|
Stipulated MOTION to Take Deposition from Frederick J. Fisher and Memorandum in Support to Extend Expert Discovery filed by Defendant Evanston Insurance. (Attachments: # 1 Text of Proposed Order) Motions referred to Paul M. Warner.(Goebel, Heidi)
|
|
Request |
|
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|
| 87 |
Filed: 9/29/2017, Entered: 9/29/2017 |
|
|
REQUEST to Submit for Decision re 64 Defendant's MOTION to Dismiss and Memorandum in Support Third Cause of Action filed by Defendant Evanston Insurance. (Curtis, Timothy)
|
|
Request |
|
|
|
| 86 |
Filed: 9/29/2017, Entered: 9/29/2017 |
|
|
ORDER overruling 72 Defendant's Objection to Magistrate Judge Ruling on Evanston's Motion to Quash based on the Parties' representations that the objection is moot. Signed by Judge Jill N. Parrish on 9/29/2017. (blh)
|
|
Request |
|
|
|
| 85 |
Filed: 9/27/2017, Entered: 9/27/2017 |
|
|
REQUEST to Submit for Decision re 82 Objections to the Declaration of Gary T. Fye filed by Defendant Evanston Insurance. (Curtis, Timothy)
|
|
Request |
|
|
|
| 84 |
Filed: 9/26/2017, Entered: 9/26/2017 |
|
|
MEMORANDUM re 72 Objection to Magistrate Judge Decision to District Court, filed by Evanston Insurance. (Attachments: # 1 Exhibit 1 - Declaration of Amber Carber, # 2 Exhibit 2 - Email String)(Curtis, Timothy)
|
|
Request |
|
|
|
| 83 |
Filed: 9/21/2017, Entered: 9/21/2017 |
|
|
REPLY to Response to Motion re 64 Defendant's MOTION to Dismiss and Memorandum in Support Third Cause of Action filed by Defendant Evanston Insurance. (Curtis, Timothy)
|
|
Request |
|
|
|
| 82 |
Filed: 9/19/2017, Entered: 9/19/2017 |
|
|
OBJECTIONS to the Declaration of Gary T. Fye to 78 Reply Memorandum/Reply to Response to Motion, filed by Evanston Insurance. (Attachments: # 1 Exhibit 1 - Evanston's Discovery Responses)(Curtis, Timothy)
|
|
Request |
|
|
|
| 81 |
Filed: 9/19/2017, Entered: 9/19/2017 |
|
|
Plaintiff's MEMORANDUM in Opposition re 72 Defendant's Objection to Magistrate's Decision filed by Plaintiff City of Orem. (Attachments: # 1 Exhibit Exh A Burns & Wilcox Response to Subpoena, # 2 Text of Proposed Order Plaintiffs' Proposed Order)(Humpherys, L.) Modified by correcting docket entry relationships on 9/20/2017 (dla).
|
|
Request |
|
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| 80 |
Filed: 9/15/2017, Entered: 9/15/2017 |
|
|
REQUEST to Submit for Decision re 78 Reply Memorandum/Reply to Response to Motion, 66 Plaintiff's MOTION for Sanctions and Memorandum in Support , 69 Memorandum in Opposition to Motion,, filed by Plaintiff City of Orem. (Humpherys, L.)
|
|
Request |
|
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|
| 79 |
Filed: 9/14/2017, Entered: 9/15/2017 |
|
|
**SEALED DOCUMENT** Exhibit 3 to 76 Designation of Experts filed by Defendant Evanston Insurance. (dla)
|
|
|
|
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|
| 78 |
Filed: 9/14/2017, Entered: 9/14/2017 |
|
|
REPLY to Response to Motion re 66 Plaintiff's MOTION for Sanctions and Memorandum in Support AMENDED filed by Plaintiff City of Orem. (Attachments: # 1 Exhibit Exh A Email June 10, 2014, # 2 Exhibit Exh B Cert of Ins re Fireworks, # 3 Exhibit Exh C Cert of Ins re Amusements, # 4 Exhibit Exh D City's Application for Ins, # 5 Exhibit Exh E Depo of Schauss, # 6 Exhibit Exh F Email Sept 7, 2017, # 7 Exhibit Exh G Decl of Gary Fye)(Humpherys, L.)
|
|
Request |
|
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|
| 77 |
Filed: 9/14/2017, Entered: 9/14/2017 |
|
|
REPLY to Response to Motion re 66 Plaintiff's MOTION for Sanctions and Memorandum in Support filed by Plaintiff City of Orem. (Attachments: # 1 Exhibit Exhibit A Email June 10, 2014, # 2 Exhibit Exhibit B Cert of Ins re Fireworks, # 3 Exhibit Exhibit C Cert of Ins re Amusements, # 4 Exhibit Exhibit D City's Application for Ins, # 5 Exhibit Exhibit E Depo of Schauss, # 6 Exhibit Exhibit F Email Sept 7, 2017, # 7 Exhibit Exhibit G Decl of Gary Fye)(Humpherys, L.)
|
|
Request |
|
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|
| 76 |
Filed: 9/14/2017, Entered: 9/14/2017 |
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DESIGNATION OF EXPERTS John J. Murphy, Jr. filed by Defendant Evanston Insurance. (Attachments: # 1 Exhibit 1 - John J. Murphy, Jr.'s CV, # 2 Exhibit 2 - List of Prior Testimony)(Goebel, Heidi)
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Request |
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| 75 |
Filed: 9/14/2017, Entered: 9/14/2017 |
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DECLARATION of Heidi G. Goebel re 74 Notice of Conventional Filing filed by Evanston Insurance. (Goebel, Heidi)
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Request |
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| 74 |
Filed: 9/14/2017, Entered: 9/14/2017 |
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NOTICE OF CONVENTIONAL FILING of Exhibit C to Defendant's Disclosure of Expert Witness and Report filed by Defendant Evanston Insurance (Goebel, Heidi)
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Request |
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| 73 |
Filed: 9/11/2017, Entered: 9/11/2017 |
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MEMORANDUM in Opposition re 64 Defendant's MOTION to Dismiss and Memorandum in Support Third Cause of Action filed by Plaintiff City of Orem. (Attachments: # 1 Exhibit Exhbit 1, Depo of Adamson, # 2 Exhibit Exhibit 2, Cover Email, # 3 Exhibit Exhibit 3, Policy Declarations, # 4 Exhibit Exhibit 4, Notice of Loss, # 5 Exhibit Exhibit 5Attempt to add Endorsement, # 6 Exhibit Exhibit 6, Counsel's Opinion Letter, # 7 Exhibit Exhibit 7, Evanston's Log Note)(Humpherys, L.)
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Request |
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| 72 |
Filed: 9/8/2017, Entered: 9/8/2017 |
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OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by Evanston Insurance re 68 Order on Motion to Quash, Memorandum Decision (Attachments: # 1 Exhibit 1 - Subpoena to Burns & Wilcox, # 2 Exhibit 2 - Declaration of Amber Carter, # 3 Exhibit 3 - Carver Deposition, # 4 Exhibit 4 - Cook Deposition, # 5 Exhibit 5 - Schauss Deposition)(Curtis, Timothy)
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Request |
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| 71 |
Filed: 9/7/2017, Entered: 9/7/2017 |
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DOCKET TEXT ORDER re 70 Stipulation filed by City of Orem. The Court construes the Stipulation (ECF No. 70) as a stipulated motion for an extension of time. Having found good cause, as required by Rule 6(b), the Court GRANTS the motion. Plaintiffs have until September 11, 2017, to file their memorandum in opposition to Defendant's Motion to Dismiss Third Cause of Action. Signed by Judge Jill N. Parrish on 9/7/2017. (dcb)
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| 70 |
Filed: 9/7/2017, Entered: 9/7/2017 |
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STIPULATION re 64 Defendant's MOTION to Dismiss and Memorandum in Support Third Cause of Action To Extend Time for Plaintiffs to Respond to Motion by City of Orem. (Humpherys, L.)
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Request |
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| 69 |
Filed: 9/1/2017, Entered: 9/1/2017 |
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MEMORANDUM in Opposition re 66 Plaintiff's MOTION for Sanctions and Memorandum in Support filed by Defendant Evanston Insurance. (Attachments: # 1 Exhibit A - April 3, 2017 Email, # 2 Exhibit B - April 17, 2017 Letter, # 3 Exhibit C - Deposition of Carlynn Goodman, # 4 Exhibit D - Deposition of David Ashley, # 5 Exhibit E - Deposition of Matthew Cook, # 6 Exhibit F - Deposition of Mark Schauss, # 7 Exhibit G - Plaintiffs' Disclosure of Expert Witnesses and Report)(Curtis, Timothy)
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Request |
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| 68 |
Filed: 8/29/2017, Entered: 8/29/2017 |
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MEMORANDUM DECISION denying 47 Motion to Quash. Burns and Wilcox shall comply with the Subpoena by September 12, 2017. Signed by Magistrate Judge Paul M. Warner on 8/29/17. (jlw)
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Request |
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| 67 |
Filed: 8/18/2017, Entered: 8/18/2017 |
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NOTICE OF FILING re 66 Plaintiff's MOTION for Sanctions and Memorandum in Support Proposed Order Granting Plaintiffs' Motion for Sanctions filed by Plaintiff City of Orem. (Humpherys, L.)
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Request |
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| 66 |
Filed: 8/18/2017, Entered: 8/18/2017 |
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Plaintiff's MOTION for Sanctions and Memorandum in Support filed by Plaintiff City of Orem. (Attachments: # 1 Exhibit Plaintiff's Discoveries to Defendant, # 2 Exhibit Defendant's Response to Plaintiff's Discoveries, # 3 Exhibit Defendant's letter May 9, 2017, # 4 Exhibit Defendant's letter June 14, 2017, # 5 Exhibit Deposition of Carlynn Goodman, # 6 Exhibit Defendant's Opposition to Plaintiff's Motion to Compel, # 7 Exhibit Deposition of 30(b)(6) Witness Ashely, # 8 Exhibit Magistrate's Memorandum Decision and Order, # 9 Exhibit Parties' emails meet & confer, # 10 Exhibit Addtional emails meet & confer, # 11 Exhibit Deposition 30(b)(6) witness Schauss, # 12 Exhibit Underwriting emails, # 13 Exhibit Emails re underwriting documents) Motions referred to Paul M. Warner.(Humpherys, L.)
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Request |
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| 65 |
Filed: 8/15/2017, Entered: 8/15/2017 |
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DESIGNATION OF EXPERTS Frederick Fisher filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Expert Report of Frederick Fisher, # 2 Exhibit CV of Frederick Fisher)(Humpherys, L.)
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Request |
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| 64 |
Filed: 8/10/2017, Entered: 8/10/2017 |
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Defendant's MOTION to Dismiss and Memorandum in Support Third Cause of Action filed by Defendant Evanston Insurance. (Anderson, Mark)
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Request |
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| 63 |
Filed: 7/17/2017, Entered: 7/17/2017 |
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ORDER granting 62 Motion for stay from 7/20/17i to 7/30/17. Signed by Magistrate Judge Paul M. Warner on 7/17/17. (jlw)
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Request |
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| 62 |
Filed: 7/14/2017, Entered: 7/14/2017 |
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Joint MOTION to stay case while counsel is on vacation out of the country and Memorandum in Support filed by Plaintiff City of Orem. (Attachments: # 1 Text of Proposed Order to stay case pending counsel's vacation out of the country) Motions referred to Paul M. Warner.(Humpherys, L.)
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Request |
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| 61 |
Filed: 7/12/2017, Entered: 7/12/2017 |
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NOTICE of Withdrawal of Objection to Magistrate's Ruling (Dkt. No. 29 by City of Orem re 29 Objection to Magistrate Judge Decision to District Court (Humpherys, L.)
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Request |
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| 60 |
Filed: 7/12/2017, Entered: 7/12/2017 |
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WITHDRAWAL OF MOTION by Plaintiff City of Orem re 46 MOTION for Extension of Time to Complete Discovery and Memorandum in Support filed by City of Orem . (Humpherys, L.)
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Request |
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| 59 |
Filed: 7/12/2017, Entered: 7/12/2017 |
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WITHDRAWAL OF MOTION by Plaintiff City of Orem re 26 MOTION to Amend/Correct and Memorandum in Support Alternative Revised First Amended Complaint filed by City of Orem, CF3E98B . (Humpherys, L.)
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Request |
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| 58 |
Filed: 7/12/2017, Entered: 7/12/2017 |
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WITHDRAWAL OF MOTION by Plaintiff City of Orem re 24 MOTION Over rule Magistrate's denial of Plaintiffs' motion to amend complaint re 18 MOTION to Amend/Correct and Memorandum in Support Complaint, 23 Order on Motion to Amend/Correct, Memorandum Decision and Memorandum in filed by City of Orem, CF3E98B . (Humpherys, L.)
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Request |
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| 57 |
Filed: 7/10/2017, Entered: 7/10/2017 |
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DOCKET TEXT ORDER granting 56 Motion 07/10/2017. Judge Parrish's prior order regarding the short form discovery motion procedure predated the December 2016 amendments to the local rules. Accordingly, the court requests that the parties follow the procedure outlined in DUCivR 37-1 for any future discovery motion practice. Signed by Magistrate Judge Paul M. Warner on 07/10/2017. No attached document. (an)
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| 56 |
Filed: 7/10/2017, Entered: 7/10/2017 |
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Defendant's MOTION Clarification regarding the Short Form Discovery Motion Procedure in this case re 54 Order on Motion to Strike, Memorandum Decision and Memorandum in Support filed by Defendant Evanston Insurance. Motions referred to Paul M. Warner.(Curtis, Timothy)
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Request |
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| 55 |
Filed: 7/10/2017, Entered: 7/10/2017 |
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DOCKET TEXT ORDER granting 52 Motion to Expedite; finding as moot 52 Motion for Extension of Time per Dkt. No. 54 . Signed by Magistrate Judge Paul M. Warner on 07/10/2017. No attached document. (an)
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| 54 |
Filed: 7/10/2017, Entered: 7/10/2017 |
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MEMORANDUM DECISION AND ORDER Denying 51 Motion to Strike. Signed by Magistrate Judge Paul M. Warner on 7/10/17. (dla)
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Request |
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| 53 |
Filed: 7/10/2017, Entered: 7/10/2017 |
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MEMORANDUM in Opposition re 51 Defendant's MOTION to Strike 49 Memorandum in Opposition to Motion, and Memorandum in Support filed by Plaintiff City of Orem. (Attachments: # 1 Exhibit Declaration of L Rich Humpherys, # 2 Text of Proposed Order Proposed order denying motion)(Humpherys, L.)
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Request |
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| 52 |
Filed: 7/10/2017, Entered: 7/10/2017 |
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MOTION to Expedite extending time to file Plaintiffs' Memorandum in Opposition to Defendant's Motion to Quash Subpoena and Memorandum in Support , MOTION for Extension of Time For Plaintiff to File their Memorandum in Opposition to Defendant's Motion to Quash Subpoena and Memorandum in Support filed by Plaintiff City of Orem. (Attachments: # 1 Exhibit Exhibit 1, Declaration of L Rich Humpherys, # 2 Text of Proposed Order proposed order) Motions referred to Paul M. Warner.(Humpherys, L.)
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Request |
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| 51 |
Filed: 7/7/2017, Entered: 7/7/2017 |
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Defendant's MOTION to Strike 49 Memorandum in Opposition to Motion, and Memorandum in Support filed by Defendant Evanston Insurance. Motions referred to Paul M. Warner.(Curtis, Timothy)
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Request |
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| 50 |
Filed: 7/6/2017, Entered: 7/6/2017 |
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REQUEST to Submit for Decision Defendant's Short Form Discovery Motion to Quash Subpoena filed by Plaintiff City of Orem. (Humpherys, L.)
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Request |
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| 49 |
Filed: 7/6/2017, Entered: 7/6/2017 |
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MEMORANDUM in Opposition re 47 MOTION to Quash Subpoena and Memorandum in Support filed by Plaintiff City of Orem. (Attachments: # 1 Text of Proposed Order proposed order denying Def's motion to Quash Subpoena)(Humpherys, L.)
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Request |
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| 48 |
Filed: 7/3/2017, Entered: 7/3/2017 |
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 37 Motion to Compel; granting 42 Motion to Expedite; granting 45 Motion to Strike. Signed by Magistrate Judge Paul M. Warner on 07/03/2017. (an)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 47 |
Filed: 6/29/2017, Entered: 6/29/2017 |
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MOTION to Quash Subpoena and Memorandum in Support filed by Defendant Evanston Insurance. Motions referred to Paul M. Warner.(Curtis, Timothy)
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Request |
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| 46 |
Filed: 6/29/2017, Entered: 6/29/2017 |
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MOTION for Extension of Time to Complete Discovery and Memorandum in Support filed by Plaintiff City of Orem. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Text of Proposed Order) Motions referred to Paul M. Warner.(Humpherys, L.)
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Request |
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| 45 |
Filed: 6/26/2017, Entered: 6/26/2017 |
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Defendant's MOTION to Strike 43 Reply Memorandum/Reply to Response to Motion, and Memorandum in Support filed by Defendant Evanston Insurance. Motions referred to Paul M. Warner.(Curtis, Timothy)
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Request |
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| 44 |
Filed: 6/26/2017, Entered: 6/26/2017 |
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REQUEST to Submit for Decision re 42 MOTION to Expedite Defendant Evanson Insurance Company's Opposition to Plaintiffs' Short Form Motion to Compel and Memorandum in Support , 43 Reply Memorandum/Reply to Response to Motion, filed by Plaintiff City of Orem. (Attachments: # 1 Text of Proposed Order)(Humpherys, L.)
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Request |
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| 43 |
Filed: 6/26/2017, Entered: 6/26/2017 |
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REPLY to Response to Motion re 37 Plaintiff's MOTION to Expedite ruling on Plaintiffs' motion to compel and Memorandum in Support Plaintiff's MOTION to Compel Defendant to respond to Plaintiff's Discoveries and Memorandum in Support filed by Plaintiff City of Orem. (Attachments: # 1 Exhibit Deposition Transcript of Rule 30(b)(6) witness)(Humpherys, L.)
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Request |
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| 42 |
Filed: 6/23/2017, Entered: 6/23/2017 |
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MOTION to Expedite Defendant Evanson Insurance Company's Opposition to Plaintiffs' Short Form Motion to Compel and Memorandum in Support filed by Defendant Evanston Insurance. (Attachments: # 1 Exhibit 1 - Plaintiffs First 30(b)(6) Deposition Notice, # 2 Exhibit 2 - Plaintiffs' meet and confer letter, # 3 Exhibit 3 - Evanston's meet and confer letter, # 4 Exhibit 4 - Plaintiffs Second 30(b)(6) Notice, # 5 Exhibit 5 - Deposition of Carlynn Goodman) Motions referred to Paul M. Warner.(Curtis, Timothy)
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Request |
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| 41 |
Filed: 6/22/2017, Entered: 6/22/2017 |
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STIPULATION Regarding 30(b)(6) Deposition of Evanston Ins Co by City of Orem. (Humpherys, L.)
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Request |
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| 40 |
Filed: 6/22/2017, Entered: 6/22/2017 |
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REQUEST to Submit for Decision re 26 MOTION to Amend/Correct and Memorandum in Support Alternative Revised First Amended Complaint filed by Plaintiff City of Orem. (Humpherys, L.)
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Request |
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| 39 |
Filed: 6/22/2017, Entered: 6/22/2017 |
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REQUEST to Submit for Decision re 29 Objection to Magistrate Judge Decision to District Court filed by Plaintiff City of Orem. (Humpherys, L.)
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Request |
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| 38 |
Filed: 6/20/2017, Entered: 6/20/2017 |
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Plaintiff's MOTION to Withdraw 36 Plaintiff's MOTION to Compel Defendants response to Plaintiffs' discovery requests and Memorandum in Support and Memorandum in Support filed by Plaintiff City of Orem. Motions referred to Paul M. Warner.(Humpherys, L.)
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Request |
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| 37 |
Filed: 6/20/2017, Entered: 6/20/2017 |
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Plaintiff's MOTION to Expedite ruling on Plaintiffs' motion to compel and Memorandum in Support , Plaintiff's MOTION to Compel Defendant to respond to Plaintiff's Discoveries and Memorandum in Support filed by Plaintiff City of Orem. (Attachments: # 1 Exhibit Defendants letter, # 2 Exhibit Defendant's response to discoveries, # 3 Text of Proposed Order proposed order) Motions referred to Paul M. Warner.(Humpherys, L.)
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Request |
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| 36 |
Filed: 6/20/2017, Entered: 6/20/2017 |
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Plaintiff's MOTION to Compel Defendants response to Plaintiffs' discovery requests and Memorandum in Support filed by Plaintiff City of Orem. (Attachments: # 1 Exhibit Exhibit 1 to Motion, # 2 Text of Proposed Order Proposed order) Motions referred to Paul M. Warner.(Humpherys, L.)
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Request |
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| 35 |
Filed: 6/5/2017, Entered: 6/5/2017 |
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REPLY to Response to Motion re 24 MOTION Over rule Magistrate's denial of Plaintiffs' motion to amend complaint re 18 MOTION to Amend/Correct and Memorandum in Support Complaint, 23 Order on Motion to Amend/Correct, Memorandum Decision and Memorandum in filed by Plaintiffs City of Orem, CF3E98B. (Humpherys, L.)
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Request |
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| 34 |
Filed: 6/5/2017, Entered: 6/5/2017 |
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REPLY to Response to Motion re 26 MOTION to Amend/Correct and Memorandum in Support Alternative Revised First Amended Complaint filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Insurance Binder)(Humpherys, L.)
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Request |
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| 33 |
Filed: 6/1/2017, Entered: 6/1/2017 |
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NOTICE of Appearance by Timothy J. Curtis on behalf of Evanston Insurance (Curtis, Timothy)
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Request |
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| 32 |
Filed: 6/1/2017, Entered: 6/1/2017 |
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WITHDRAWAL OF MOTION by Defendant Evanston Insurance re 14 MOTION for Summary Judgment and Memorandum in Support filed by Evanston Insurance . (Goebel, Heidi)
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Request |
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| 31 |
Filed: 5/30/2017, Entered: 5/30/2017 |
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RESPONSE to Motion re 24 MOTION Over rule Magistrate's denial of Plaintiffs' motion to amend complaint re 18 MOTION to Amend/Correct and Memorandum in Support Complaint, 23 Order on Motion to Amend/Correct, Memorandum Decision and Memorandum in filed by Defendant Evanston Insurance. (Anderson, Mark)
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Request |
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| 30 |
Filed: 5/30/2017, Entered: 5/30/2017 |
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MEMORANDUM in Opposition re 26 MOTION to Amend/Correct and Memorandum in Support Alternative Revised First Amended Complaint filed by Defendant Evanston Insurance. (Attachments: # 1 Exhibit A - Coverage Opinion, # 2 Exhibit B - Denial Letter)(Anderson, Mark)
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Request |
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| 29 |
Filed: 5/15/2017, Entered: 5/15/2017 |
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OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by City of Orem, CF3E98B re 23 Order on Motion to Amend/Correct, Memorandum Decision (Humpherys, L.)
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Request |
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| 28 |
Filed: 5/15/2017, Entered: 5/15/2017 |
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NOTICE OF DEFICIENCY re 24 MOTION Over rule Magistrate's denial of Plaintiffs' motion to amend complaint re 18 MOTION to Amend/Correct and Memorandum in Support Complaint, 23 Order on Motion to Amend/Correct, Memorandum Decision and Memorandum in. The document is an Objection to Magistrate Judge Decision. The clerk requests the filer of the original document to refile the pleading using the Objection to Magistrate Judge Decision to District Court filing event. The new pleading will receive a new document number on the docket. (jwt)
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| 27 |
Filed: 5/15/2017, Entered: 5/15/2017 |
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Motions No Longer Referred: 26 MOTION to Amend/Correct and Memorandum in Support Alternative Revised First Amended Complaint (scd)
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| 26 |
Filed: 5/15/2017, Entered: 5/15/2017 |
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MOTION to Amend/Correct and Memorandum in Support Alternative Revised First Amended Complaint filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Revised First Amended Complaint, # 2 Exhibit 1 - The Policy, # 3 Exhibit 2 - Exclusionary Endorsement, # 4 Exhibit 3 - Emails) Motions referred to Paul M. Warner.(Humpherys, L.)
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Request |
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| 25 |
Filed: 5/15/2017, Entered: 5/15/2017 |
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Motions No Longer Referred: 24 MOTION Over rule Magistrate's denial of Plaintiffs' motion to amend complaint re 18 MOTION to Amend/Correct and Memorandum in Support Complaint, 23 Order on Motion to Amend/Correct, Memorandum Decision and Memorandum in (an)
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| 24 |
Filed: 5/12/2017, Entered: 5/12/2017 |
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MOTION Over rule Magistrate's denial of Plaintiffs' motion to amend complaint re 18 MOTION to Amend/Correct and Memorandum in Support Complaint, 23 Order on Motion to Amend/Correct, Memorandum Decision and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. Motions referred to Paul M. Warner.(Humpherys, L.)
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Request |
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| 23 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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MEMORANDUM DECISION denying 18 Motion to Amend/Correct Complaint. Signed by Magistrate Judge Paul M. Warner on 5/5/17. (jlw)
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Request |
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| 22 |
Filed: 4/18/2017, Entered: 4/18/2017 |
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REPLY to Response to Motion re 18 MOTION to Amend/Correct and Memorandum in Support Complaint filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit Exhibit to Reply Memo)(Humpherys, L.)
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Request |
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| 21 |
Filed: 4/14/2017, Entered: 4/14/2017 |
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EXHIBITS filed by Evanston Insurance re 19 Memorandum in Opposition to Motion. (Anderson, Mark)
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Request |
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| 20 |
Filed: 4/14/2017, Entered: 4/14/2017 |
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EXHIBITS filed by Evanston Insurance re 19 Memorandum in Opposition to Motion. (Anderson, Mark)
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Request |
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| 19 |
Filed: 4/14/2017, Entered: 4/14/2017 |
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MEMORANDUM in Opposition re 18 MOTION to Amend/Correct and Memorandum in Support Complaint filed by Defendant Evanston Insurance. Attorney Mark L. Anderson added to party Evanston Insurance(pty:dft)(Anderson, Mark)
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Request |
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| 18 |
Filed: 4/3/2017, Entered: 4/3/2017 |
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MOTION to Amend/Correct and Memorandum in Support Complaint filed by Plaintiffs City of Orem, CF3E98B. (Attachments: # 1 Exhibit A - First Amended Complaint) Motions referred to Paul M. Warner.(Humpherys, L.)
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Request |
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| 17 |
Filed: 3/14/2017, Entered: 3/14/2017 |
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SUBSTITUTION OF COUNSEL Heidi G. Goebel replacing Gregory J. Sanders and Sarah C. Vaughn as counsel on behalf of Evanston Insurance. (Goebel, Heidi)
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Request |
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| 16 |
Filed: 2/15/2017, Entered: 2/15/2017 |
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ORDER granting 15 Motion for Amended Scheduling Order. Amended Pleadings due by 4/1/2017. Joinder of Parties due by 5/1/2017. Discovery due by 10/15/2017. Motions due by 11/15/2018. Last Day to Serve Written Discovery 5/18/17; If the parties do not intend to file dispositive or potentially dispositive motions, a scheduling conference will be held forpurposes of setting a trial date. See order for further details. Signed by Magistrate Judge Paul M. Warner on 2/15/17. (jlw)
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Request |
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| 15 |
Filed: 2/15/2017, Entered: 2/15/2017 |
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Amended MOTION for Scheduling Order and Memorandum in Support filed by Plaintiffs City of Orem, CF3E98B. Motions referred to Paul M. Warner.(Humpherys, L.)
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Request |
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| 14 |
Filed: 2/9/2017, Entered: 2/9/2017 |
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**PLEASE DISREGARD - MOTION WITHDRAWN** - SEE DOCKET NO. 32 [br] MOTION for Summary Judgment and Memorandum in Support filed by Defendant Evanston Insurance. (Attachments: # 1 Exhibit A Tanaka Complaint, # 2 Exhibit B Policy, # 3 Exhibit C Exclusion, # 4 Exhibit D Exclusion quoted, # 5 Exhibit E Orem Municipal Code)(Sanders, Gregory) Modified on 6/6/2017 by adding message re withdrawal of document (jlw).
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Request |
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| 13 |
Filed: 2/1/2017, Entered: 2/1/2017 |
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SUBSTITUTION OF COUNSEL L. Rich Humpherys replacing Joseph E. Minnock as counsel on behalf of City of Orem, CF3E98B. (Humpherys, L.)
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Request |
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| 12 |
Filed: 8/26/2016, Entered: 8/26/2016 |
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ORDER granting 10 Motion to Substitute Party. Evanston Insurance added. Essex Insurance Company terminated Signed by Magistrate Judge Paul M. Warner on 8/26/16. (jlw)
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Request |
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| 11 |
Filed: 8/24/2016, Entered: 8/24/2016 |
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RESPONSE to Motion re 10 MOTION to Substitute Party and Memorandum in Support Notice of Non-Opposition to Motion filed by Plaintiff City of Orem. (Minnock, Joseph)
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Request |
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| 10 |
Filed: 8/2/2016, Entered: 8/2/2016 |
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MOTION to Substitute Party and Memorandum in Support filed by Defendant Essex Insurance Company. (Attachments: # 1 Exhibit "A" Declaration of Kimberly Perkins, # 2 Exhibit "B" Proposed Order) Motions referred to Paul M. Warner.(Sanders, Gregory)
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Request |
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| 9 |
Filed: 7/21/2016, Entered: 7/21/2016 |
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DOCKET TEXT ORDER - The court orders the parties to follow the Short Form Discovery Motion procedure as outlined in the attached document in this case for all discovery disputes arising after this date. Signed by Judge Jill N. Parrish on 7/21/2016. (jds)
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Request |
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| 8 |
Filed: 7/12/2016, Entered: 7/12/2016 |
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SCHEDULING ORDER: Amended Pleadings due by 9/30/2016. Joinder of Parties due by 9/30/2016. Discovery due by 7/3/2017. Motions due by 8/7/2017. At the time of argument on motions for summaryjudgment, the court will discuss the scheduling of trial.Counsel should come to the hearing prepared to discusspossible trial dates. If the schedule set forth herein is not extended, the parties can generally expect that trial will be set sometime during the 2nd quarter of 2018. See order for further details. Signed by Magistrate Judge Evelyn J. Furse on 7/12/16. (jlw)
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Request |
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| 7 |
Filed: 7/7/2016, Entered: 7/7/2016 |
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REPORT OF ATTORNEY PLANNING MEETING. (Attachments: # 1 Text of Proposed Order Scheduling Order)(Minnock, Joseph)
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Request |
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| 6 |
Filed: 5/31/2016, Entered: 5/31/2016 |
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DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(A). Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 5/31/16. (jlw)
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| 5 |
Filed: 5/24/2016, Entered: 5/24/2016 |
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ANSWER to Complaint (Notice of Removal 2 ) filed by Essex Insurance Company. (Sanders, Gregory)
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Request |
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| 4 |
Filed: 5/23/2016, Entered: 5/23/2016 |
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NOTICE OF ADR, e-mailed or mailed to Plaintiffs City of Orem, CF3E98B, Defendant Essex Insurance Company. (mms)
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| 3 |
Filed: 5/23/2016, Entered: 5/23/2016 |
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Modification of Docket: Error: Attachment #4, Exhibit C, the attached complaint belonged to a different case. Correction: Crossed out attachment #4, Exhibit C, Complaint. re 2 Notice of Removal. (mms)
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| 2 |
Filed: 5/20/2016, Entered: 5/20/2016 |
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NOTICE OF REMOVAL from 4th District Cort Utah County, case number 160400526, (Filing fee $ 400, receipt number 1088-2507063) filed by Essex Insurance Company. (Attachments: # 1 Civil Cover Sheet # 2 Exhibit "A" State Court Docket, # 3 Exhibit "B" State Summons and State Complaint, # 4 Exhibit "C" Complaint) Assigned to Judge Jill N. Parrish (Sanders, Gregory) Modified by striking through exhibit #4, attached complaint belonged to a different case and correctly labeled exhibit #3 on 5/23/2016 (mms).
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Filed: 5/20/2016, Entered: 5/20/2016 |
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Case has been indexed and assigned to Judge Jill N. Parrish. Defendant Essex Insurance Company is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (mms)
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