United States District Court Eastern District of Pennsylvania https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?

12106426239126-L_452_0-1

CLOSED, MOTREF, SPECIAL

United States District Court

Eastern District of Pennsylvania (Philadelphia)
CIVIL DOCKET FOR CASE #: 2:10-cv-01061-JD

ACE AMERICAN INSURANCE COMPANY v. AMERICAN SPECTRUM REALTY, Date Filed: 03/10/2010
INC. Date Terminated: 05/17/2011
Assigned to: HONORABLE JAN E. DUBOIS Jury Demand: Both
Cause: 28:1332 Diversity-Insurance Contract Nature of Suit: 110 Insurance
Jurisdiction: Diversity
Plaintiff
ACE AMERICAN INSURANCE COMPANY represented by ALICIA G. CURRAN
COZEN O'CONNOR
COMMERCE BANK TOWER
1717 MAIN ST
DALLAS, TX 75201
214-462-3021
Email: acurran@cozen.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

C. TYLER HAVEY
COZEN & O'CONNOR
1900 MARKET ST.
4TH FLOOR, THE ATRIUM
PHILA, PA 19103-3572
215-665-2054
Email: thavey@cozen.com
ATTORNEY TO BE NOTICED

JENNIFER KENCHEL
COZEN O'CONNOR
COMMERCE BANK TOWER
1717 MAIN ST
DALLAS, TX 75201
214-462-3021
Email: jkenchel@cozen.com
ATTORNEY TO BE NOTICED

MICAH JUSTIN KNAPP

COZEN O'CONNOR
1900 MARKET ST
PHILADELPHIA, PA 19103
Email: mknapp@cozen.com
ATTORNEY TO BE NOTICED

THOMAS MCKAY , III

COZEN O'CONNOR
457 HADDONFIELD ROAD, SUITE 300
CHERRY HILL, NJ 08002
856-910-5012
Email: tmckay@cozen.com
ATTORNEY TO BE NOTICED

V.
Defendant
AMERICAN SPECTRUM REALTY, INC. represented by BRYAN S. DUMESNIL
BRACEWELL & GIULIANI LLP
711 LOUISIANA ST STE 2300
HOUSTON, TX 77002
713-221-1520

1 of 7 5/25/11 2:26 PM
United States District Court Eastern District of Pennsylvania https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?12106426239126-L_452_0-1

Email: bryan.dumesnil@bgllp.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

DEANA F. TILLOTSON
BRACEWELL & GIULIANI LLP
711 LOUISIANA STE 2300
HOUSTON, TX 77002
713-221-1237
Email: deana.tillotson@bgllp.com
TERMINATED: 04/07/2011
PRO HAC VICE

KRISTIN A. MCLAURIN
BRACEWELL & GIULIANI
711 LOUISIANA ST STE 2300
HOUSTON, TX 77002
713-221-1130
Email: kristin.mclaurin@bgllp.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

LEE APPLEBAUM
FINEMAN KREKSTEIN & HARRIS PC
MELLON BANK CENTER SUITE 600
1735 MARKET ST.
PHILADELPHIA, PA 19103-7513
215-893-9300
Fax: 215-893-8719
Email: lapplebaum@finemanlawfirm.com
ATTORNEY TO BE NOTICED

ROSS D KENNEDY
BRACEWELL & GIULIANI LLP
711 LOUISIANA ST
SUITE 2300
HOUSTON, TX 77002
713-221-1236
Email: ross.kennedy@bgllp.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

STEPHEN B. CRAIN
BRACEWELL & GIULIANI LLP
711 LOUISIANA STE 2300
HOUSTON, TX 77002
713-221-1305
Email: stephen.crain@bgllp.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

JAY BARRY HARRIS

FINEMAN KREKSTEIN & HARRIS
MELLON BANK CENTER SUITE 600
1735 MARKET ST.
PHILADELPHIA, PA 19103-7513
215-893-9300
Fax: 215-893-8719
Email: jharris@finemanlawfirm.com
ATTORNEY TO BE NOTICED

Counter Claimant
AMERICAN SPECTRUM REALTY, INC. represented by DEANA F. TILLOTSON
(See above for address)
TERMINATED: 04/07/2011

2 of 7 5/25/11 2:26 PM
United States District Court Eastern District of Pennsylvania https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?12106426239126-L_452_0-1

LEE APPLEBAUM
(See above for address)
ATTORNEY TO BE NOTICED

ROSS D KENNEDY
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

JAY BARRY HARRIS

(See above for address)
ATTORNEY TO BE NOTICED

V.
Counter Defendant
ACE AMERICAN INSURANCE COMPANY represented by C. TYLER HAVEY
(See above for address)
ATTORNEY TO BE NOTICED

JENNIFER KENCHEL
(See above for address)
ATTORNEY TO BE NOTICED

MICAH JUSTIN KNAPP

(See above for address)
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

03/10/2010 1 COMPLAINT against AMERICAN SPECTRUM REALTY, INC. ( Filing fee $ 350 receipt number PPE019110.), filed by
ACE AMERICAN INSURANCE COMPANY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4
Designation Form, # 5 Case Management Track Form)(jeb, ) (Entered: 03/11/2010)
03/10/2010 Summons Issued as to AMERICAN SPECTRUM REALTY, INC.. 1 Forwarded To: Counsel on 3/11/10 (jeb, ) (Entered:
03/11/2010)
03/10/2010 2 Disclosure Statement Form pursuant to FRCP 7.1 including ACE Limited by ACE AMERICAN INSURANCE
COMPANY.(jeb, ) (Entered: 03/11/2010)
03/10/2010 DEMAND for Trial by Jury by ACE AMERICAN INSURANCE COMPANY. (jeb, ) (Entered: 03/11/2010)
03/30/2010 3 AFFIDAVIT re Summons Issued, 1 Complaint, by ACE AMERICAN INSURANCE COMPANY. (Attachments: # 1 Exhibit
A)(HAVEY, C.) (Entered: 03/30/2010)
04/26/2010 4 ANSWER to 1 Complaint, of American Spectrum Realty, Inc., COUNTERCLAIM against ACE AMERICAN INSURANCE
COMPANY by AMERICAN SPECTRUM REALTY, INC..(HARRIS, JAY) (Entered: 04/26/2010)
04/27/2010 5 NOTICE of Hearing: INITIAL PRELIMINARY PRETRIAL TELEPHONE CONFERENCE SET FOR 5/17/2010 04:45 PM
BEFORE HONORABLE JAN E. DUBOIS.(gvw, ) (Entered: 04/27/2010)
04/28/2010 6 MOTION for Pro Hac Vice of Deana F. Tillotson filed by AMERICAN SPECTRUM REALTY, INC..Certificate of Service.
(HARRIS, JAY) (Entered: 04/28/2010)
04/28/2010 7 MOTION for Pro Hac Vice of Stephen Crain filed by AMERICAN SPECTRUM REALTY, INC..Certificate of Service.
(HARRIS, JAY) (Entered: 04/28/2010)
04/28/2010 8 MOTION for Pro Hac Vice of Bryan Dumesnil filed by AMERICAN SPECTRUM REALTY, INC..Certificate of Service.
(HARRIS, JAY) (Entered: 04/28/2010)
04/28/2010 9 Disclosure Statement Form pursuant to FRCP 7.1 by AMERICAN SPECTRUM REALTY, INC..(HARRIS, JAY) (Entered:
04/28/2010)
04/29/2010 10 APPLICATION FOR PRO HAC VICE ADMISSION OF ALICIA G. CURRAN, SPONSORS STATEMENT, CERTIFICATE
OF SERVICE by ACE AMERICAN INSURANCE COMPANY.(PPE021716) (rf, ) (Entered: 04/29/2010)
04/29/2010 11 APPLICATION FOR PRO HAC VICE ADMISISON JENNIFER KENCHEL, SPONSORS STATEMENT, CERTIFICATE
by ACE AMERICAN INSURANCE COMPANY. (PPE021716) (rf, ) (Entered: 04/29/2010)

3 of 7 5/25/11 2:26 PM
United States District Court Eastern District of Pennsylvania https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?12106426239126-L_452_0-1

05/03/2010 12 ORDER THAT THE APPLICATION FOR PRO HAC VICE ADMISSION OF DEANA F. TILLOTSON IS
GRANTED.SIGNED BY HONORABLE JAN E. DUBOIS ON 5/3/10. 5/4/10 ENTERED AND COPIES MAILED,
EMAILED.(rf, ) Modified on 5/4/2010 (rf, ). (Entered: 05/04/2010)
05/03/2010 13 ORDER THAT APPLICATION FOR PRO HAC VICE ADMISSION OF STEPHEN B. CRAIN IS GRANTED.. SIGNED
BY HONORABLE JAN E. DUBOIS ON 5/3/10. 5/4/10 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered:
05/04/2010)
05/03/2010 14 ORDER THAT MOTION FOR PRO HAC VICE ADMISSION OF BRYAN S. DUMESNIL IS GRANTED.. SIGNED BY
HONORABLE JAN E. DUBOIS ON 5/3/10. 5/4/10 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered:
05/04/2010)
05/03/2010 15 ORDER THAT APPLICATION FOR PRO HAC VICE ADMISSION OF ALICIA G. CURRAN IS GRANTED.. SIGNED
BY HONORABLE JAN E. DUBOIS ON 5/3/10. 5/4/10 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered:
05/04/2010)
05/03/2010 16 ORDER THAT APPLICATION FOR PRO HAC VICE ADMISSION OF JENNIFER KENCHEL IS GRANTED.. SIGNED
BY HONORABLE JAN E. DUBOIS ON 5/3/10. 5/4/10 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered:
05/04/2010)
05/06/2010 17 APPLICATION FOR PRO HAC VICE ADMISSION OF THOMAS MCKAY III, SPONSORS STATEMENT,
CERTIFICATE OF SERVICE by ACE AMERICAN INSURANCE COMPANY. (PPE022262)(rf, ) (Entered: 05/07/2010)
05/07/2010 18 ORDER THAT THE APPLICATION OF PRO HAC VICE OF THOMAS MCKAY III IS GRANTED.. SIGNED BY
HONORABLE JAN E. DUBOIS ON 5/7/10. 5/7/10 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered:
05/07/2010)
05/13/2010 19 Proposed Case Management Plan Rule 26(f) Report of the Parties by ACE AMERICAN INSURANCE COMPANY,
AMERICAN SPECTRUM REALTY, INC.. (KENCHEL, JENNIFER) (Entered: 05/13/2010)
05/17/2010 20 ACE American Insurance Company's ANSWER to 4 Answer to Complaint, Counterclaim by ACE AMERICAN
INSURANCE COMPANY.(KENCHEL, JENNIFER) (Entered: 05/17/2010)
05/18/2010 21 ORDER THAT DISCOVERY DUE BY 3/31/2011., MOTIONS DUE BY 9/23/2011. PLAINTIFF PRETRIAL MEMO DUE
BY 6/28/2010., DEFENDANT PRETRIAL MEMO DUE BY 7/7/2010.. SIGNED BY HONORABLE JAN E. DUBOIS ON
5/17/10. 5/19/10 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 05/19/2010)
05/21/2010 22 Minute Entry for proceedings held before HONORABLE JAN E. DUBOIS: Preliminary Pretrial Conference held on 5/17/10
(rf, ) (Entered: 05/24/2010)
10/03/2010 23 MOTION for Protective Order filed by ACE AMERICAN INSURANCE COMPANY.Memorandum, Certificate of Counsel,
Certificate of Service. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B" Part 1, # 3 Exhibit "B" Part 2, # 4 Exhibit "B" Part 3, #
5 Exhibit "B" Part 4, # 6 Exhibit "B" Part 5, # 7 Text of Proposed Order)(KENCHEL, JENNIFER) *THIS MOTION IS
BEING MARKED WITHDRAW WITHOUT PREJUDICE PER DOC. # 25, A COURT ORDER DATED 10/8/10.* (Entered:
10/03/2010)
10/07/2010 24 MOTION to Withdraw 23 MOTION for Protective Order filed by ACE AMERICAN INSURANCE COMPANY.Certificate of
Service. (Attachments: # 1 Text of Proposed Order)(KENCHEL, JENNIFER) (Entered: 10/07/2010)
10/12/2010 25 ORDER THAT MOTION TO WITHDRAW MOTION FOR PROTECTIVE ORDER (DOC. 23) IS GRANTED. FURTHER
ORDERED THAT THE CLERK OF COURT IS HEREBY DIRECTED TO MARK THE MOTION FOR PROTECTIVE
ORDER (DOC. 23) AS "WITHDRAWN WITHOUT PREJUDICE" ON THE OFFICIAL DOCKET IN THIS
ACTION.SIGNED BY HONORABLE JAN E. DUBOIS ON 10/8/10. 10/12/10 ENTERED AND COPIES EMAILED.(rf, )
(Entered: 10/12/2010)
11/01/2010 26 ORDER THAT THE PARTIES THROUGH COUNSEL SHALL PROCEED WITH THE JOINT REPORT. FURTHER
ORDERED THAT THE SCHEDULING ORDER DATED 5/7/10 SHALL NOT BE AMENDED AT THIS TIME, ETC..
SIGNED BY HONORABLE JAN E. DUBOIS ON 11/1/10. 11/2/10 ENTERED AND COPIES EMAILED.(rf, ) (Entered:
11/02/2010)
11/01/2010 27 Letter to the Honorable Jan E. DuBois from C. Tyler Harvey & Deana F. Tillotson (rf, ) (Entered: 11/02/2010)
11/18/2010 28 MOTION to Compel Ace's Discovery Responses filed by AMERICAN SPECTRUM REALTY, INC..Certificate of Service,
Order. (Attachments: # 1 Text of Proposed Order)(TILLOTSON, DEANA) (Entered: 11/18/2010)
11/18/2010 29 Brief In Support Of Motion to Compel Ace's Discovery Responses filed by AMERICAN SPECTRUM REALTY,
INC..Certificate of Service, Certificate of Counsel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5
Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit,
# 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, #
24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33
Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit)(TILLOTSON, DEANA) Modified on 11/19/2010 (nd, ).
(Entered: 11/18/2010)

4 of 7 5/25/11 2:26 PM
United States District Court Eastern District of Pennsylvania https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?12106426239126-L_452_0-1

11/22/2010 30 ORDER THAT PARTIES SHALL MEET AND CONFER ON OR BEFORE 12/10/10 IN AN EFFORT TO RESOLVE THE
DISCOVERY DISPUTES ADDRESSED IN THE MOTION AND JOINTLY REPORT TO THE COURT ON OR BEFORE
12/10/10 WITH RESPECT TO A RESOLUTION OF SOME OR ALL ISSUES PRESENTED IN THE MOTION. IN THE
EVENT THE DISCOVERY DISPUTES ARE NOT COMPLETELY RESOLVED ON OR BEFORE 12/10/10 PLAINTIFF
SHALL FILE AND SERVE A RESPONSE TO THE MOTION TO COMPEL ON OR BEFORE 12/24/10.SIGNED BY
HONORABLE JAN E. DUBOIS ON 11/19/10. 11/22/10 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 11/22/2010)
12/15/2010 31 Supplemental MOTION to Compel filed by AMERICAN SPECTRUM REALTY, INC..Brief. (Attachments: # 1 Text of
Proposed Order)(TILLOTSON, DEANA) (Entered: 12/15/2010)
12/15/2010 32 Brief in Support of American Spectrum's Realty's Supplemental Motion to Compel) filed by AMERICAN SPECTRUM
REALTY, INC..Brief. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(TILLOTSON, DEANA) Modified on
12/16/2010 (nd). (Entered: 12/15/2010)
01/26/2011 33 AMENDED SCHEDULING ORDER THAT, UPON THE JOINT LETTER/REQUEST OF THE PARTIES, ALL
REMAINING FACT DISCOVERY SHALL BE COMPLETED BY 8/24/2011. SIGNED BY HONORABLE JAN E.
DUBOIS ON 1/26/2011. 1/26/2011 ENTERED AND COPIES E-MAILED.(md) (Entered: 01/26/2011)
01/26/2011 34 Letter from JENNIFER KENCHEL to JUDGE DUBOIS dated 1/24/2011 re: request for extension of fact discovery deadline.
(md) (Entered: 01/26/2011)
01/26/2011 35 EXHIBIT Supplemental Exhibit A-2 to Defendant's Supplemental Motion to Compel by AMERICAN SPECTRUM REALTY,
INC... (Attachments: # 1 Exhibit Exhibit A-2)(TILLOTSON, DEANA) (Entered: 01/26/2011)
01/26/2011 36 EXHIBIT to Motion to Compel by AMERICAN SPECTRUM REALTY, INC... Certificate of Service (Attachments: # 1
Exhibit A-2, # 2 Exhibit E-2)(TILLOTSON, DEANA) (Entered: 01/26/2011)
01/27/2011 37 Praecipe for Entry of Appearance of Micah Knapp by ACE AMERICAN INSURANCE COMPANY. (KNAPP, MICAH)
Modified on 1/28/2011 (nd, ). (Entered: 01/27/2011)
01/27/2011 38 MOTION to Bifurcate ASR's Bad Faith Claims filed by ACE AMERICAN INSURANCE COMPANY.. (Attachments: # 1
Text of Proposed Order)(KNAPP, MICAH) (Entered: 01/27/2011)
01/27/2011 39 Brief in Support of MOTION to Bifurcate filed by ACE AMERICAN INSURANCE COMPANY. (Attachments: # 1 Exhibit
A, # 2 Exhibit B)(KNAPP, MICAH) Modified on 1/28/2011 (nd). (Entered: 01/27/2011)
01/28/2011 40 RESPONSE in Opposition American Spectrum's Motion to Compel and Supplemental Motion to Compel filed by ACE
AMERICAN INSURANCE COMPANY. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit
C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13
Exhibit L, # 14 Exhibit M, # 15 Exhibit N)(KNAPP, MICAH) (Entered: 01/28/2011)
01/31/2011 41 MOTION for Pro Hac Vice of Kristin A. McLaurin filed by AMERICAN SPECTRUM REALTY, INC..Certificate of Service.
(HARRIS, JAY) (Entered: 01/31/2011)
01/31/2011 42 ORDER THAT THE APPLICATION FOR PRO HAC VICE ADMISSION OF KRISTIN A. MCLAURIN IS GRANTED..
SIGNED BY HONORABLE JAN E. DUBOIS ON 1/31/11. 2/1/11 ENTERED AND COPIES MAILED TO MCLAURIN,
EMAILED.(rf, ) (Entered: 02/01/2011)
02/04/2011 43 ORDER THAT THE CASE IS REFERRED TO CHIEF UNITED STATES MAGISTRATE JUDGE THOMAS J. RUETER
FOR SETTLEMENT CONFERENCING, ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 2/3/2011. (DOCKETED
IN WRONG CASE, FILED IN ERROR) 2/4/2011 ENTERED AND COPIES MAILED, E-MAILED.(tomg, ) Modified on
2/4/2011 (tomg, ). (Entered: 02/04/2011)
02/09/2011 44 ORDER THAT MOTION TO COMPEL ACE'S DISCOVEFRY RESPONSES (DOC. 28) AND SUPPLEMENTAL MOTION
TO COMPEL (DOC. 31) ARE REFERRED TO THE HONORABLE THOMAS J. RUETER. FURTHER ORDERED THAT
DEPUTY CLERK SHALL SERVE COPIES OF THIS ORDER ON COUNSEL AND CHIEF UNITED STATES
MAGISTRATE JUDGE THOMAS J. RUETER. SIGNED BY HONORABLE JAN E. DUBOIS ON 2/9/11. 2/9/11
ENTERED AND COPIES MAILED TO MCLAURIN, E-MAILED. 1 COPY TO MAGISTRATE JUDGE THOMAS J.
RUETER.(rf, ) (Entered: 02/09/2011)
02/10/2011 45 MOTION for Leave to File Reply Brief filed by AMERICAN SPECTRUM REALTY, INC..Brief, Certificate of Service.
(Attachments: # 1 Text of Proposed Order Order, # 2 Exhibit ASR's Reply Brief in Response to ACE's Opposition to ASR's
Motion to Compel, # 3 Exhibit A to Reply Brief)(TILLOTSON, DEANA) (Entered: 02/10/2011)
02/11/2011 46 ORDER THAT A MOTION HEARING SET FOR 3/7/2011 02:00 PM. SIGNED BY MAGISTRATE JUDGE THOMAS J.
RUETER ON 2/11/11. 2/11/11 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 02/11/2011)
02/14/2011 47 RESPONSE in Opposition re 38 MOTION to Bifurcate ASR's Bad Faith Claims filed by AMERICAN SPECTRUM
REALTY, INC., Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(TILLOTSON, DEANA)
Modified on 2/15/2011 (nd, ). (Entered: 02/14/2011)
02/15/2011 48 LETTER RE: RESPONSE to Motion re 45 MOTION for Leave to File Reply Brief filed by ACE AMERICAN INSURANCE
COMPANY. (KNAPP, MICAH) Modified on 2/16/2011 (nd, ). (Entered: 02/15/2011)

5 of 7 5/25/11 2:26 PM
United States District Court Eastern District of Pennsylvania https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?12106426239126-L_452_0-1

02/22/2011 49 ORDER THAT AMERICAN SPECTRUM REALTYS MOTION FOR LEAVE TO FILE A REPLY BRIEF IS GRANTED.
THE BRIEF ATTACHED TO EXHIBIT A TO ASR'S MOTION FOR LEAVE SHALL BE DEEMED FILED AS OF THE
DATE OF THIS ORDER.. SIGNED BY HONORABLE JAN E. DUBOIS ON 2/22/11. 2/22/11 ENTERED AND COPIES
EMAILED.(rf, ) (Entered: 02/22/2011)
02/22/2011 50 DEFENDANT AMERICAN SPECTRUM REALTYSREPLY BRIEF TO PLAINTIFFS OPPOSITION TODEFENDANTS
MOTION TO COMPEL (rf, ) (Entered: 02/22/2011)
02/23/2011 51 ORDER THAT ACE AMERICAN INSURANCE COMPANYS RULE 42 MOTION FOR SEPARATE TRIAL ON
AMERICAN SPECTRUM REALTY INC'S BAD FAITH CLAIMS IS REFERRED TO CHIEF MAGISTRATE JUDGE
THOMAS J. RUETER FOR DISPOSITION, ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 2/23/11. Motions
referred to THOMAS J. RUETER. 2/24/11 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 02/24/2011)
02/25/2011 52 ORDER THAT A DISCOVERY HEARING ON ACE AMERICAN INSURANCE COMPANY'S RULE 42 MOTION FOR
SEPARATE TRIAL (DOC. 38) IS SET FOR 3/7/2011 02:00 PM.SIGNED BY MAGISTRATE JUDGE THOMAS J.
RUETER ON 2/25/11. 2/25/11 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 02/25/2011)
02/28/2011 53 MOTION for Leave to File a Reply Brief in further support of its Rule 42 motion for separate trials filed by ACE
AMERICAN INSURANCE COMPANY.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A)(KNAPP, MICAH)
(Entered: 02/28/2011)
03/01/2011 54 ORDER THAT MOTION FOR LEAVE TO FILE REPLY BRIEF IN SUPPORT OF RULE 42 MOTION IS GRANTED, THE
REPLY BRIEF ATTACHED AS EXHIBIT A TO ACE AMERICAN INSURANCE COMPANYS MOTION FOR LEAVE
SHALL BE DEEMED FILED AS OF THE DATE OF THIS ORDER. SIGNED BY MAGISTRATE JUDGE THOMAS J.
RUETER ON 3/1/11. 3/1/11 ENTERED AND COPIES EMAILED.(rf, ) (Entered: 03/01/2011)
03/01/2011 55 ACE AMERICAN INSURANCE COMPANYS REPLY BRIEF IN SUPPORT OF ITS RULE 42 MOTION FOR A
SEPARATE TRIAL by ACE AMERICAN INSURANCE COMPANY. (rf, ) (Entered: 03/01/2011)
03/02/2011 56 MOTION for Leave to File a First Amended Answer and First Amended Counterclaims filed by AMERICAN SPECTRUM
REALTY, INC..Memorandum. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(TILLOTSON,
DEANA) (Entered: 03/02/2011)
03/15/2011 57 RESPONSE in Opposition re 56 MOTION for Leave to File a First Amended Answer and First Amended Counterclaims filed
by ACE AMERICAN INSURANCE COMPANY. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4
Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(KNAPP, MICAH) (Entered: 03/15/2011)
03/22/2011 58 MOTION for Leave to File a Reply Brief in furtherance of its Motion for Leave to File a First Amended Answer and First
Amended Counterclaims filed by AMERICAN SPECTRUM REALTY, INC..Brief. (Attachments: # 1 Exhibit Exhibit A, # 2
Text of Proposed Order Proposed Order)(TILLOTSON, DEANA) (Entered: 03/22/2011)
03/23/2011 59 ORDER THAT AMERICAN SPECTRUM REALTY'S MOTION FOR LEAVE TO FILE A REPLY BRIEF IS GRANTED.
THE BRIEF ATTACHED AS EXHIBIT "A" TO ASR'S MOTION FOR LEAVE SHALL BE DEEMED FILED AS OF THE
DATE OF THIS ORDER.SIGNED BY HONORABLE JAN E. DUBOIS ON 3/23/11. 3/24/11 ENTERED AND COPIES
EMAILED(rf, ) (Entered: 03/24/2011)
03/23/2011 60 DEFENDANT AMERICAN SPECTRUM REALTY, INC REPLY BRIEF TO PLAINTIFFS OPPOSITION TO
DEFENDANTS MOTION FOR LEAVE TO FILE A FIRST AMENDED ANSWER AND FIRST AMENDED
COUNTERCLAIMS. (rf, ) (Entered: 03/24/2011)
04/01/2011 61 MOTION to Compel filed by ACE AMERICAN INSURANCE COMPANY.Brief. (Attachments: # 1 Text of Proposed Order,
# 2 Brief in Support, # 3 Exhibit Ex. A to Brief, # 4 Exhibit Ex. B to Brief, # 5 Exhibit Ex. C to Brief, # 6 Exhibit Ex. D to
Brief, # 7 Exhibit Ex. E to Brief)(KNAPP, MICAH) (Entered: 04/01/2011)
04/05/2011 62 ORDER REFERRING MOTION FOR LEAVE TO FILE FIRST AMENDED ANSWER AND FIRST AMENDED
COUNTERCLAIMS (DOC. 56) AND ACE AMERICAN INSURANCE COMPANYS RULE 37(a) MOTION TO COMPEL
AMERICAN SPECTRUM REALTY, INC. TO PROVIDE COMPLETE RESPONSES TO INTERROGATORIES (DOC. 61)
TO MAGISTRATE JUDGE THOMAS J. RUETER SIGNED BY HONORABLE JAN E. DUBOIS ON 4/4/11. 4/5/11
ENTERED AND COPIES EMAILED.(rf, ) (Entered: 04/05/2011)
04/07/2011 63 Proposed Pretrial Order CONSENT ORDER by AMERICAN SPECTRUM REALTY, INC.. (MCLAURIN, KRISTIN)
(Entered: 04/07/2011)
04/07/2011 64 ORDER THAT ROSS D. KENNEDY IS SUBSTITUTED AS COUNSEL FOR DEFENDANT AMERICAN SPECTRUM
REALTY, AND DEANA F. TILLOTSON IS WITHDRAWN. SIGNED BY HONORABLE JAN E. DUBOIS ON 4/7/11.
4/8/11 ENTERED AND COPIES MAILED, E-MAILED(rf, ) (Entered: 04/08/2011)
04/11/2011 65 ORDER THAT DEFENDANT AMERICAN SPECTRUM REALTY INC SHALL FILE A RESPONSE TO PLAINTIFF ACE
AMERICAN INSURANCE CO'S MOTION TO COMPEL (DOC. 61) ON OR BEFORE 5/9/11.SIGNED BY MAGISTRATE
JUDGE THOMAS J. RUETER ON 4/11/11. 4/11/11 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered:
04/11/2011)

6 of 7 5/25/11 2:26 PM
United States District Court Eastern District of Pennsylvania https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?12106426239126-L_452_0-1

04/12/2011 66 MOTION for Pro Hac Vice Ross D. Kennedy filed by AMERICAN SPECTRUM REALTY, INC..Affidavit, Certificate of
Service.(APPLEBAUM, LEE) (Entered: 04/12/2011)
04/13/2011 67 ORDER THAT APPLICATION FOR PRO HAC VICE ADMISSION OF ROSS D. KENNEDY IS GRANTED.SIGNED BY
HONORABLE JAN E. DUBOIS ON 4/13/11. 4/13/11 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) (Entered:
04/13/2011)
05/09/2011 68 RESPONSE in Opposition re 61 MOTION to Compel filed by AMERICAN SPECTRUM REALTY, INC.. (Attachments: # 1
Text of Proposed Order)(MCLAURIN, KRISTIN) (Entered: 05/09/2011)
05/17/2011 69 Minute Entry for proceedings held before MAGISTRATE JUDGE THOMAS J. RUETER: Settlement Conference held on
5/16/11. (rf, ) (Entered: 05/18/2011)
05/17/2011 70 ORDER THAT THE FOLLOWING MOTIONS ARE DENIED AS MOOT: DOC. 28, 31, 38, 39, 47 AND 56. IT IS
FURTHER ORDERED THAT PURSUANT TO THE PROVISIONS OF 41.1(b) OF THE LOCAL RULES OF CIVIL
PROCEDURE OF THIS COURT, THE ABOVE ACTION IS DISMISSED WITH PREJUDICE, BY AGREEMENT OF
COUNSEL, WITHOUT COSTS. SIGNED BY HONORABLE JAN E. DUBOIS ON 5/17/11. 5/18/11 ENTERED AND
COPIES E-MAILED.(mbh, ) (Entered: 05/18/2011)

7 of 7 5/25/11 2:26 PM