SMITHFIELD FOODS INC Et Al v. UNITED STATES OF AMERICA Docket

Eastern District of Wisconsin - Live
https://ecf.wied.uscourts.gov/cgi-bin/DktRpt.pl?113937655803...
TRANSFERIN
United States District Court Eastern District of Wisconsin (Milwaukee) CIVIL DOCKET FOR CASE #: 2:13-cv-00651-JPS
Smitheld Foods Inc et al v. United States of America Assigned to: Judge J P Stadtmueller Demand: $9,999,000 Case in other court: California Central, 2:12-cv-02254 Cause: 28:2671 Federal Tort Claims Act Plaintiff Smitheld Foods Inc a Virginia Corporation represented by Alyssa J Endelman Denenberg Tufey PLLC 1 Northwestern Plaza 28411 Northwestern Hwy - Ste 600 Southeld, MI 48034 248-549-3900 Fax: 248-593-5808 Email: aendelman@dt-law.com PRO HAC VICE ATTORNEY TO BE NOTICED Charles R Tufey Denenberg Tufey PLLC 1 Northwestern Plaza 28411 Northwestern Hwy - Ste 600 Southeld, MI 48034 248-549-3900 Fax: 248-593-5808 PRO HAC VICE ATTORNEY TO BE NOTICED Erin M Lahey Denenberg Trufey PLLC 10250 Constellation Blvd - Ste 2320 Los Angeles, CA 90067 310-356-4683 Fax: 310-284-9089 ATTORNEY TO BE NOTICED Michele L Levinson Long Beach City Attorneys Ofce Date Filed: 06/11/2013 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: U.S. Government Defendant
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333 W Ocean Blvd - Ste 1100 Los Angeles, CA 90802-4664 562-570-2200 Fax: 562-436-1579 TERMINATED: 07/31/2012 Pamela Judith Gelman Denenberg Trufey PLLC 10250 Constellation Blvd - Ste 2320 Los Angeles, CA 90067 310-356-4683 Fax: 310-284-9089 TERMINATED: 06/04/2013 ATTORNEY TO BE NOTICED Paul A Casetta Denenberg Tufey PLLC 1 Northwestern Plaza 28411 Northwestern Hwy - Ste 600 Southeld, MI 48034 248-549-3900 Fax: 248-593-5808 Email: pcasetta@dt-law.com PRO HAC VICE ATTORNEY TO BE NOTICED Todd B Denenberg Denenberg Tufey PLLC 1 Northwestern Plaza 28411 Northwestern Hwy - Ste 600 Southeld, MI 48034 248-549-3900 Fax: 248-593-5808 Email: tdenenberg@dt-law.com PRO HAC VICE ATTORNEY TO BE NOTICED Plaintiff Patrick Cudahy Inc a Delaware Corporation represented by Alyssa J Endelman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Charles R Tufey (See above for address)
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PRO HAC VICE ATTORNEY TO BE NOTICED Erin M Lahey (See above for address) ATTORNEY TO BE NOTICED Michele L Levinson (See above for address) TERMINATED: 07/31/2012 Pamela Judith Gelman (See above for address) TERMINATED: 06/04/2013 ATTORNEY TO BE NOTICED Todd B Denenberg (See above for address) ATTORNEY TO BE NOTICED Plaintiff Allianz Global Risks US Insurance Company a California Corporation represented by Alyssa J Endelman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Charles R Tufey (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Erin M Lahey (See above for address) ATTORNEY TO BE NOTICED Michele L Levinson (See above for address) TERMINATED: 07/31/2012 Pamela Judith Gelman (See above for address) TERMINATED: 06/04/2013 ATTORNEY TO BE NOTICED Todd B Denenberg
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(See above for address) ATTORNEY TO BE NOTICED Plaintiff ACE American Insurance Company a Pennsylvania Corporation represented by Alyssa J Endelman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Erin M Lahey (See above for address) ATTORNEY TO BE NOTICED Michele L Levinson (See above for address) TERMINATED: 07/31/2012 Pamela Judith Gelman (See above for address) TERMINATED: 06/04/2013 ATTORNEY TO BE NOTICED Todd B Denenberg (See above for address) ATTORNEY TO BE NOTICED Plaintiff General Security Indemnity Company of Arizona an Arizona Corporation represented by Alyssa J Endelman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Charles R Tufey (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Erin M Lahey (See above for address) ATTORNEY TO BE NOTICED Michele L Levinson (See above for address) TERMINATED: 07/31/2012
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Pamela Judith Gelman (See above for address) TERMINATED: 06/04/2013 ATTORNEY TO BE NOTICED Todd B Denenberg (See above for address) ATTORNEY TO BE NOTICED Plaintiff Liberty Mutual Fire Insurance Company a Wisconsin Corporation represented by Alyssa J Endelman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Charles R Tufey (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Erin M Lahey (See above for address) ATTORNEY TO BE NOTICED Michele L Levinson (See above for address) TERMINATED: 07/31/2012 Pamela Judith Gelman (See above for address) TERMINATED: 06/04/2013 ATTORNEY TO BE NOTICED Todd B Denenberg (See above for address) ATTORNEY TO BE NOTICED Plaintiff Tokio Marine and Nichido Fire Insurance Company Ltd a New York Corporation represented by Alyssa J Endelman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Charles R Tufey (See above for address)
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PRO HAC VICE ATTORNEY TO BE NOTICED Erin M Lahey (See above for address) ATTORNEY TO BE NOTICED Michele L Levinson (See above for address) TERMINATED: 07/31/2012 Pamela Judith Gelman (See above for address) TERMINATED: 06/04/2013 ATTORNEY TO BE NOTICED Todd B Denenberg (See above for address) ATTORNEY TO BE NOTICED Plaintiff Certain Underwriters at Lloyd's London and its members subscribing to contract no. Dp6855091(1), Unique Market Reference B0509685509, a Foreign Corporation as subrogees of Smitheld Foods Inc and Patrick Cudahy Inc represented by Alyssa J Endelman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Charles R Tufey (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Erin M Lahey (See above for address) ATTORNEY TO BE NOTICED Michele L Levinson (See above for address) TERMINATED: 07/31/2012 Pamela Judith Gelman (See above for address) TERMINATED: 06/04/2013 ATTORNEY TO BE NOTICED Todd B Denenberg
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(See above for address) ATTORNEY TO BE NOTICED V. Defendant United States of America represented by Zakary K Toomey United States Department of Justice (DC) 1331 Pennsylvania Ave NW Washington, DC 20004 202-598-2210 Fax: 202-616-5200 Email: zak.toomey@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas K Buck United States Department of Justice (CD-CA) Ofce of the US Attorney Federal Building 300 N Los Angeles St - Rm 7615 Los Angeles, CA 90012 213-894-3989 Fax: 213-894-7819 TERMINATED: 12/26/2012
Date Filed 03/16/2012
Docket Text
1 COMPLAINT against Defendant United States of America. Case assigned to Judge Consuelo B. Marshall for all further proceedings. Discovery referred to Magistrate Judge David T. Bristow.(Filing fee $ 350 PAID.), led by Plaintiffs Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Ace American Insurance Company, General Security Indemnity Company of Arizona, Certain Underwriters at Lloyds of London, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, Allianz Global Risks US Insurance Company.(et) (mg). [Transferred from cacd on 6/11/2013.] (Entered: 03/21/2012) 60 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant United States of America. (et) [Transferred from cacd on 6/11/2013.] (Entered: 03/21/2012)
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2 NOTICE of Interested Parties led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, identifying Corporate Parent Patrick Cudahy Inc for Smitheld Foods Inc; Corporate Parent Allianz of America Inc for Allianz Global Risks US Insurance Company; Corporate Parent Ace Limited for Ace American Insurance Company; Corporate Parent Tokio Marine Holdings Inc for Tokio Marine and Nichido Fire Insurance Company Ltd; Corporate Parent SCOR Reinsurance Company for General Security Indemnity Company of Arizona; Corporate Parent Liberty Mutual Holding Company Inc for Liberty Mutual Fire Insurance Company. (et) (mg). [Transferred from cacd on 6/11/2013.] (Entered: 03/21/2012) 3 PROOF OF SERVICE Executed by Plaintiff Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Ace American Insurance Company, General Security Indemnity Company of Arizona, Certain Underwriters at Lloyds of London, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, Allianz Global Risks US Insurance Company, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Ofce by delivering a copy to Frank B. Kawano. Executed upon the Attorney Generals Ofce of the United States by delivering a copy to E. Saso. Executed upon the ofcer agency or corporation by delivering a copy to U.S. Attorney's Ofce. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certied mail return receipt attached. Original Summons NOT returned. (Levinson, Michele) [Transferred from cacd on 6/11/2013.] 4 APPLICATION for attorney Todd Denenberg to Appear Pro Hac Vice. (PHV FEE PAID.) led by plaintiff Smitheld Foods Inc. Lodged Proposed Order. (ak) [Transferred from cacd on 6/11/2013.] (Entered: 04/18/2012) 5 APPLICATION for Order for Application of Non-Resident Attorney to Appear in a Specic Case led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. (Levinson, Michele) [Transferred from cacd on 6/11/2013.] 6 APPLICATION for attorney Paul A. Casetta to Appear Pro Hac Vice (PHV FEE NOT PAID.) led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio
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Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Proposed Order Proposed Order)(Levinson, Michele) [Transferred from cacd on 6/11/2013.] 05/11/2012 7 ORDER by Judge Consuelo B. Marshall: granting 6 Application to Appear Pro Hac Vice by Attorney Paul A Casetta on behalf of Plaintiffs Smitheld Foods Inc, et al., designating Michele L. Levinson as local counsel. (lom) [Transferred from cacd on 6/11/2013.] 8 ORDER by Judge Consuelo B. Marshall: granting 4 Application to Appear Pro Hac Vice by Attorney Todd B. Denenberg on behalf of Plaintiff, designating Michele L. Levinson as local counsel. (lt) [Transferred from cacd on 6/11/2013.] (Entered: 05/14/2012) 9 NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim and for Lack of Jurisdiction led by Defendant United States of America. Motion set for hearing on 7/9/2012 at 11:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Memorandum, # 2 Exhibit Guilty Pleas of Joshua and Kurtis Popp, # 3 Exhibit Excerpts of CCO P3500.4F, # 4 Exhibit Excerpts of CCO 3500.4H, # 5 Exhibit Excerpts of CCO 8000.4E, # 6 Exhibit MLSR Order, # 7 Exhibit Mojave Viper Order, # 8 Exhibit Declaration of Brian Catlin, # 9 Exhibit Declaration of Andres Fuentes, # 10 Exhibit Plaintiffs' Administrative Claim)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 10 MEMORANDUM in Opposition to MOTION to Dismiss Case for Failure to State a Claim and for Lack of Jurisdiction 9 led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Exhibit 1 - Complaint, # 2 Exhibit 2 - Statement from Joshua Popp, # 3 Exhibit 3 - Afdavit of Dr. Robert A. Schroeder, # 4 Exhibit 4 - Marine Corps Response)(Denenberg, Todd) [Transferred from cacd on 6/11/2013.] 11 APPLICATION for attorney Alyssa J. Endelman to Appear Pro Hac Vice (PHV FEE NOT PAID.) led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Proposed Order)(Levinson, Michele) [Transferred from cacd on 6/11/2013.] 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Alyssa J. Endelman to Appear Pro Hac Vice (PHV FEE PAID.) 11 . The following error(s) was found: Other error(s) with
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document(s): Second page to Application is missing, that includes local counsel designation and signature page. All three good standing certicates are past the 30 day expiration date as required pursuant to LR 83-2.3.1. In response to this notice the court may order (1) an amended or correct document to be led (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) [Transferred from cacd on 6/11/2013.] 06/25/2012 13 REPLY In Support Of MOTION to Dismiss Case for Failure to State a Claim and for Lack of Jurisdiction 9 led by Defendant United States of America. (Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 14 MINUTES of Defendant's Motion to Dismiss 9 held before Judge Consuelo B. Marshall. Defendant's Motion to Dismiss is denied. Court Reporter: Leandra Amber. (lom) [Transferred from cacd on 6/11/2013.] 16 MINUTES (IN CHAMBERS) by Judge Consuelo B. Marshall. The Application of Non-Resident Attorney, etc. 11 led by Alyssa J. Endelman is hereby denied. See Notice to Filer of Deciencies 12 . (lom) [Transferred from cacd on 6/11/2013.] (Entered: 07/11/2012) 15 NOTICE of Change of Attorney Information for attorney Pamela Judith Gelman counsel for Plaintiffs Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. Filed by Plaintiffs Smitheld Foods, et al (Gelman, Pamela) [Transferred from cacd on 6/11/2013.] 17 ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint (Discovery) 1 led by Defendant United States of America.(Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 18 MINUTE ORDER (IN CHAMBERS)SCHEDULING CONFERENCE by Judge Consuelo B. Marshall. On the Court's own motion, this case is set for a Scheduling Conference on 10/22/2012 @ 10:00 A.M. A FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE IMPOSITION OF SANCTIONS. (Read order carefully) (ys) [Transferred from cacd on 6/11/2013.] 19 NOTICE of Change of Attorney Information for attorney Pamela Judith Gelman counsel for Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. Changing Email to pgelman@dt-law.com. Filed by Plaintiff Smitheld Foods, et al (Gelman, Pamela) [Transferred from cacd on 6/11/2013.]
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20 REQUEST to Substitute attorney Pamela J. Gelman in place of attorney Michele L. Levinson led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. Request set for hearing on 8/13/2012 at 11:00 AM before Judge Consuelo B. Marshall. (Gelman, Pamela) [Transferred from cacd on 6/11/2013.] 21 ORDER by Judge Consuelo B. Marshall: granting 20 Request to Substitute Attorney Pamela J. Gehnan, as attorney of record for Plaintiff Smitheld Foods et al, instead of Attorney Michele L Levinson. (lom) [Transferred from cacd on 6/11/2013.] (Entered: 08/09/2012) 22 APPLICATION for attorney Alyssa J. Endelman to Appear Pro Hac Vice (PHV FEE NOT PAID.) led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Proposed Order Proposed Order)(Gelman, Pamela) [Transferred from cacd on 6/11/2013.] 23 ORDER by Judge Consuelo B. Marshall: granting 22 Application to Appear Pro Hac Vice by Attorney Alyssa J. Endelman on behalf of Plaintiff, designating Pamela J. Gelman as local counsel. (lt) [Transferred from cacd on 6/11/2013.] (Entered: 08/10/2012) 24 CERTIFICATE OF SERVICE led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, Plaintiffs Initial Rule 26(a)(1)(A) Disclosures served on 9/14/2012. (Casetta, Paul) [Transferred from cacd on 6/11/2013.] 25 CERTIFICATE OF SERVICE led by Defendant United States of America, Defendant's Initial Disclosures Pursuant to Rule 26(a)(1) served on 9/17/2012. (Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 28 APPLICATION for attorney Charles R Tufey to Appear Pro Hac Vice. (PHV FEE PAID.) led by Plaintiffs Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. Lodged proposed Order. (pj) [Transferred from cacd on 6/11/2013.] (Entered: 09/27/2012)
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26 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15 days, led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd.. (Casetta, Paul) [Transferred from cacd on 6/11/2013.] 27 JOINT REPORT Rule 26(f) Discovery Plan (Amended) ; estimated length of trial 15 days, led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd.. (Casetta, Paul) [Transferred from cacd on 6/11/2013.] 29 ORDER by Judge Consuelo B. Marshall: granting 28 Application to Appear Pro Hac Vice by Attorney Charles R. Tufey on behalf of Plaintiffs, designating Pamela J. Gelman as local counsel. (lt) [Transferred from cacd on 6/11/2013.] (Entered: 09/28/2012) 30 IN CHAMBER MINUTE ORDER. The Scheduling Conference previously scheduled for 10/22/2012 at 10:00 a.m. has been rescheduled. The Scheduling Conference is now set for Thursday, November 1, 2012 at 1:30 PM before Judge Consuelo B. Marshall. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(cs) TEXT ONLY ENTRY [Transferred from cacd on 6/11/2013.] 31 CERTIFICATE OF SERVICE led by Defendant United States of America, Defendant's First Supplemental Disclosures served on 10/19/2012. (Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 35 MINUTES OF SCHEDULING CONFERENCE held before Judge Consuelo B. Marshall. IT IS ORDERED as follows: (1) The Non-Expert Discovery Cut-Off is April 28, 2013; (2) All fact discovery shall be completed on or before May 3, 2013; (3) All expert discovery shall be completed on or before March 30, 2013; (4) Settlement conference shall be held on or before April 15, 2013; (5) All motions shall be set for oral argument on or before June 4, 2013 at 10:00 a.m.; (6) Pre Trial Conference is set on August 5, 2013 at 2:30 P.M.; (7) The 10 - 15 day estimate Court Trial is set on August 27, 2013 at 10:00 a.m. Court Reporter: Leandra Amber. (lom) [Transferred from cacd on 6/11/2013.] (Entered: 12/12/2012) 32 STIPULATION for Protective Order led by Defendant United States of America. (Attachments: # 1 Proposed Order)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.]
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33 OF SERVICE led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, First Supplemental Rule 26(a)(1)(A) Disclosures served on 11/30/12. (Endelman, Alyssa) [Transferred from cacd on 6/11/2013.] 34 CERTIFICATE OF SERVICE led by Defendant United States of America, United States' First Interrogatories and First Requests for Production served on 12/11/2012. (Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 36 NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of Wisconsin ( Motion set for hearing on 1/21/2013 at 11:00 AM before Judge Consuelo B. Marshall.), MOTION to Bifurcate Trial led by Defendant United States of America. (Attachments: # 1 Memorandum, # 2 Exhibit 1 Deposition of Joshua Popp, # 3 Exhibit 2 Deposition of Kurtis Popp, # 4 Exhibit 3 Plaintiffs' Damages Summary, # 5 Exhibit 4 Plaintiffs' Supplemental Disclosures, # 6 Exhibit 5 US Initial Disclosures, # 7 Exhibit 6 Plaintiffs' Deposition Notice, # 8 Exhibit 7 Plaintiffs' Letter, # 9 Exhibit 8 Wisconsin Complaint, # 10 Exhibit 9 Wisconsin MTD, # 11 Exhibit 10 Wisconsin Dismissal, # 12 Exhibit 11 Criminal Complaint, # 13 Exhibit 12 Judgments of Conviction, # 14 Exhibit 13 Determining Economic Damages Excerpt, # 15 Exhibit 14 US Discovery Requests)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 37 STIPULATION to Reschedule Hearing Date led by Defendant United States of America. (Attachments: # 1 Proposed Order)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 38 ORDER Granting Stipulation 37 by Judge Consuelo B. Marshall. IT IS ORDERED that the hearing on the United States' Motion to Transfer Venue or in the Alternative to Bifurcate 36 , currently set for January 21, 2013 is rescheduled for January 28, 2013 at 11 a.m. in Courtroom 2, 2nd Floor. (lom) [Transferred from cacd on 6/11/2013.] (Entered: 12/28/2012) 40 STIPULATED PROTECTIVE ORDER re 32 by Judge Consuelo B. Marshal. (See attached document for details.) (lom) [Transferred from cacd on 6/11/2013.] (Entered: 01/04/2013) 39 MEMORANDUM in Opposition to MOTION to Transfer Case to Eastern District of Wisconsin MOTION to Bifurcate Trial 36 led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Exhibit 1 - Complaint, # 2 Exhibit 2 - Catlin Dep, # 3
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Exhibit 3 - Fuentes Dep, # 4 Exhibit 4 - Popp Dep, # 5 Exhibit 5 - Declaration, # 6 Exhibit 6 - Memorandum, # 7 Exhibit 7 - Def's Memorandum, # 8 Exhibit 8 - Amended Rule 26(F) Report, # 9 Exhibit 9 - Civil Minutes)(Denenberg, Todd) [Transferred from cacd on 6/11/2013.] 01/09/2013 41 MINUTE ORDER IN CHAMBERS by Magistrate Judge David T Bristow: The parties' proposed Stipulation and Protective Order 40 has been referred by theDistrict Judge to the Magistrate Judge for consideration. The parties are advised that the Court declines to issue the proposed protective order to which they have stipulated for the following reasons: 1. Proposed 8 needs to be revised to make clear that any motion challenging a designation brought pursuant to that paragraph will need to be made in strict compliance with Local Rules 37-1 and 37-2 (including the Joint Stipulation requirement). 2. The proposed Stipulation and Protective Order should be submitted to Magistrate Judge David T. Bristow rather than District Judge Consuelo Marshall. (ad) [Transferred from cacd on 6/11/2013.] 42 REPLY in Support of MOTION to Transfer Case to Eastern District of Wisconsin MOTION to Bifurcate Trial 36 led by Defendant United States of America. (Attachments: # 1 Exhibit Deposition of Fuentes, # 2 Exhibit Deposition of Catlin)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 43 NOTICE OF MOTION AND MOTION for Leave to le Sur-Reply led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. Motion set for hearing on 1/28/2013 at 11:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Attachment, # 2 Exhibit A - Request for Admissions)(Denenberg, Todd) [Transferred from cacd on 6/11/2013.] 44 CERTIFICATE OF SERVICE led by Defendant United States of America, Defendant's Second Interrogatories and Second Requests for Production served on 1/23/2013. (Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 45 MINUTE ORDER IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER by Judge Consuelo B. Marshall. On the Court's own motion, the Defendants' Notice of motion to transfer venue or in the alternative to bifurcate 36 and Plaintiffs' motion for leave to le sur-reply in opposition to Defendant's motion to transfer venue or in the alternative to bifurcate 43 , currently scheduled for January 28, 2013, are hereby ordered continued to February 19, 2013 at 11:00 a.m. (lom) [Transferred from cacd on 6/11/2013.] 46 CERTIFICATE OF SERVICE OF OBJECTIONS AND RESPONSES TO DEFENDANT'S NOTICE OF 30(B)(6) DEPOSITION (Endelman, Alyssa) [Transferred from cacd on 6/11/2013.]
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47 NOTICE of Change of Attorney Information for attorney Pamela Judith Gelman counsel for Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. Changing address to 10250 Constellation Place, Suite 2320, Los Angeles, CA 90067. Changing fax number to 310-284-9089. Filed by Plaintiffs Smitheld Foods Inc., et al. (Gelman, Pamela) [Transferred from cacd on 6/11/2013.] 48 STIPULATION for Protective Order led by Defendant United States of America. (Attachments: # 1 Proposed Order)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 49 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 46 . The following error(s) was found: Incorrect event selected. The correct event is: Proof of Service (subsequent document). In response to this notice the court may order (1) an amended or correct document to be led (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) [Transferred from cacd on 6/11/2013.] 50 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall. On the Court's own motion, the following Motions are continued to February 21, 2013 at 10:00 a.m.: (1) Motion of the United States to Transfer Venue or, in the Alternative, to Bifurcate 36 ; and (2)Plaintiffs Motion for Leave to File Sur-Reply 43 . (lom) [Transferred from cacd on 6/11/2013.] 51 REQUEST for ADR Procedure No. 1 led. Parties request to Appear Before Magistrate Judge for settlement proceedings. Filed by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, Defendant United States of America.(Endelman, Alyssa) [Transferred from cacd on 6/11/2013.] 52 STATUS REPORT Plaintiffs' Status Conference Status Report led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Exhibit 1)(Endelman, Alyssa) [Transferred from cacd on 6/11/2013.]
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53 Notice of Withdrawal of Motion for Leave to File Document,, 43 led by Plaintiff Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. (Denenberg, Todd) [Transferred from cacd on 6/11/2013.] 54 OPPOSITION to Plaintiffs' Status Conference Report led by Defendant United States of America. (Attachments: # 1 Exhibit Depo. of Joshua Popp, # 2 Exhibit Depo. of Kurtis Popp, # 3 Exhibit 3 Depo. Withdrawal Emails, # 4 Exhibit 4 Depo. of Parul Stevens, # 5 Exhibit 5 Smitheld 10-K, # 6 Exhibit 6 Damages Projections, # 7 Exhibit 7 Pl. Damages Summary, # 8 Exhibit 8 Illegible Documents, # 9 Exhibit 9 Replacement Cost Projections, # 10 Exhibit 10 Los Prots Projections, # 11 Exhibit 11 Requests for Legible Docs, # 12 Exhibit 12 US Discovery, # 13 Exhibit 13 New Illegible Documents, # 14 Exhibit 14 Pl. Resp. to RFP, # 15 Exhibit 15 Pl. Resp. to Interrogatories, # 16 Exhibit 16 Native Format Requests, # 17 Exhibit 17 Pl. Supp. Responses, # 18 Exhibit 18 Expert Disclosure Emails)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 55 Notice of Withdrawal of Status Report, 52 led by Plaintiff Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. (Denenberg, Todd) [Transferred from cacd on 6/11/2013.] 56 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response in Opposition to Motion 54 . The following error(s) was found: Incorrect event selected. The correct event is: Response (non-motion). In response to this notice the court may order (1) an amended or correct document to be led (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) [Transferred from cacd on 6/11/2013.] 57 MINUTES OF Hearing: Defendant's Motion to Transfer Venue or, in the Alternative to Bifurcate 36 held before Judge Consuelo B. Marshall. Defendant's Motion to Transfer Venue or, in the Alternative to Bifurcate is submitted without further oral arguments. Court Reporter: Deborah Gackle. (lom) [Transferred from cacd on 6/11/2013.] 58 MINUTE ORDER IN CHAMBERS by Magistrate Judge David T. Bristow re: Stipulation for Protective Order 48 . The parties proposed Stipulation and Protective Order has been referred by the District Judge to the Magistrate Judge for consideration. The parties are advised that the Court declines to issue
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the proposed protective order to which they have stipulated for the following reason: 1. 4 and 5 appear to contemplate that the Court and its personnel will be required to execute the proposed acknowledgment of the protective order. Such a requirement is inappropriate. (mrgo) [Transferred from cacd on 6/11/2013.] (Entered: 02/25/2013) 02/26/2013 59 OF SERVICE led by Plaintiff Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, served on February 26, 2013. (Casetta, Paul) [Transferred from cacd on 6/11/2013.] 60 OF SERVICE led by Plaintiff Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, served on Plaintiffs' Disclosure of Liability Expert Testimony. (Endelman, Alyssa) [Transferred from cacd on 6/11/2013.] 61 CERTIFICATE OF SERVICE led by DEFENDANT United States of America, United States' First Requests for Admissions served on 3/20/2013. (Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 62 CERTIFICATE OF SERVICE led by Defendant United States of America, United States' Expert Disclosures served on 4/1/2013. (Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 63 CERTIFICATE of service OF SERVICE led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, of Third Request for Produciton of Documents and Second Interrogatories served on April 2, 2013. (Endelman, Alyssa) [Transferred from cacd on 6/11/2013.] 64 ORDER/REFERRAL to ADR Procedure No 1 by Judge Consuelo B. Marshall. Case ordered to Magistrate Judge David T. Bristow for Settlement Conference. For ADR Procedure No. 1, counsel are responsible for contacting the judge at the appropriate time to arrange for further proceedings. (lom) [Transferred from cacd on 6/11/2013.] 65 Certicate OF SERVICE led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, of Plaintiffs' Response to
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Defendant's Requests for Admissions served on April 8, 2013. (Endelman, Alyssa) [Transferred from cacd on 6/11/2013.] 04/17/2013 66 ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge David T. Bristow: Settlement Conference set for 5/30/2013 09:30 AM before Magistrate Judge David T. Bristow. (am) [Transferred from cacd on 6/11/2013.] (Entered: 04/18/2013) 67 OF SERVICE led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, of Third RFP and Third Supplemental Responses to RFP served on 4/19/2013. (Endelman, Alyssa) [Transferred from cacd on 6/11/2013.] 68 NOTICE OF MOTION AND MOTION for Summary Judgment led by Defendant United States of America. Motion set for hearing on 6/4/2013 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Statement of Uncontroverted Facts and Conclusions of Law, # 3 Proposed Order)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 69 EXHIBIT to MOTION for Summary Judgment 68 in Support of United States' Motion for Summary Judgment and Statement of Uncontroverted Facts led by Defendant United States of America. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-13, # 3 Exhibit 14-17, # 4 Exhibit 18-24)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 70 REQUEST to Substitute attorney Erin M. Lahey in place of attorney Pamela J. Gelman led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Proposed Order For Substitution of Attorney)(Endelman, Alyssa) [Transferred from cacd on 6/11/2013.] 71 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Opinion of Raymond Esposito led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. Motion set for hearing on 6/4/2013 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Memorandum and Points of Authorities in Support of Plaintiffs' Motion in Limine to E xclude the Opinion of Raymond Esposito, # 2 Appendix Index of
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Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Endelman, Alyssa) [Transferred from cacd on 6/11/2013.] 05/07/2013 72 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Opinion of Gerald Haynes led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. Motion set for hearing on 6/4/2013 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Memorandum Memorandum and Points of Authorities in Support of Plaintiffs' Motion in Limine to Exclude the Opinion of Gerald Haynes, # 2 Appendix Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Endelman, Alyssa)[Transferred from cacd on 6/11/2013.] 73 CERTIFICATE OF SERVICE led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, Supplemental Expert Disclosure Pursuant to Rule 26(a)(2) served on 5/10/13. (Endelman, Alyssa) [Transferred from cacd on 6/11/2013.] 77 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall. On the Court's own motion, In Limine Motion to Exclude Opinion of Raymond Esposito 71 and In Limine Motion to Exclude Opinion of Gerald Haynes 72 are submitted without oral arguments. (lom) [Transferred from cacd on 6/11/2013.] (Entered: 05/14/2013) 74 CERTIFICATE OF SERVICE led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, served on Supplemental Expert Disclosure. (Endelman, Alyssa) [Transferred from cacd on 6/11/2013.] 75 NOTICE OF MOTION AND MOTION for Leave to le to Exceed Page Limit Regarding Their Memorandum in Opposition to Defendant's Motion for Summary Judgment led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. Motion set for hearing on 6/4/2013 at 10:00 AM before Judge Consuelo B. Marshall. (Denenberg, Todd) [Transferred from cacd on 6/11/2013.]
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76 MEMORANDUM in Opposition to MOTION for Summary Judgment 68 led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Statement of Genuine Disputes of Fact (In Opposition to Defendant's Motion for Summary Judgment), # 2 Evidence in Support of Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment and Plaintiffs' Statement of Genuine Disputes of Fact, # 3 Exhibit Exhibits A-I, # 4 Exhibit Exhibits J-O, # 5 Exhibit Exhibits P-V, # 6 Exhibit Exhibits W-Z)(Denenberg, Todd) [Transferred from cacd on 6/11/2013.] 78 OPPOSITION to MOTION IN LIMINE to Exclude Opinion of Raymond Esposito 71 led by Defendant United States of America. (Attachments: # 1 Exhibit Esposito CV, # 2 Exhibit Loss Prevention Study, # 3 Exhibit Esposito Deposition, # 4 Exhibit Esposito Report, # 5 Exhibit Esposito Supp. Report, # 6 Exhibit M125 Specications, # 7 Exhibit M125 MSDS, # 8 Exhibit Comet MSDS, # 9 Exhibit COMAR Declaration, # 10 Exhibit West Marine Procedures, # 11 Exhibit Security Signals Declaration, # 12 Exhibit Lee Deposition, # 13 Exhibit Dept. of Transp. Letter)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 79 OPPOSITION to MOTION IN LIMINE to Exclude Opinion of Gerald Haynes 72 led by Defendant United States of America. (Attachments: # 1 Exhibit M125 Specications, # 2 Exhibit M125 MSDS, # 3 Exhibit Schroeder Deposition, # 4 Exhibit Haynes Deposition, # 5 Exhibit Haynes Report, # 6 Exhibit Fireghter Narrative, # 7 Exhibit Pehrson Deposition, # 8 Exhibit NFPA 921, # 9 Exhibit ASTM E-108, # 10 Exhibit Public Flare MSDS, # 11 Exhibit Dept. of Transp. Letter, # 12 Exhibit Lee Deposition, # 13 Exhibit Island Pyrochem, # 14 Exhibit Stevens Deposition, # 15 Exhibit Popp Indictment, # 16 Exhibit Photo of Roof)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 80 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: MOTION for Leave to le to Exceed Page Limit Regarding Their Memorandum in Opposition to Defendant's Motion for Summary Judgment is denied 75 . (jl) [Transferred from cacd on 6/11/2013.] 81 NOTICE OF MOTION AND MOTION for Leave to le Revised Memorandum in Opposition to Defendant's Motion For Summary Judgment led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. Motion set for hearing on 6/4/2013 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Exhibit 1, #
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2 Exhibit 2)(Denenberg, Todd) [Transferred from cacd on 6/11/2013.] 05/21/2013 82 REPLY In Support Motion MOTION IN LIMINE to Exclude Opinion of Raymond Esposito 71 led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. (Endelman, Alyssa) [Transferred from cacd on 6/11/2013.] 83 REPLY In support of Motion MOTION IN LIMINE to Exclude Opinion of Gerald Haynes 72 led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Exhibit 1)(Endelman, Alyssa) [Transferred from cacd on 6/11/2013.] 84 SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T. Bristow Telephone Conference set for 5/23/2013 10:00 AM before Magistrate Judge David T. Bristow. Call in number: 1800-356-8278, Code: 200327THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dts) TEXT ONLY ENTRY [Transferred from cacd on 6/11/2013.] 85 REPLY IN SUPPORT OF MOTION for Summary Judgment 68 led by Defendant United States of America. (Attachments: # 1 Exhibit Deposition of Carpenter, # 2 Exhibit DOT Letter re: 1.3G, # 3 Exhibit Deposition of Catlin, # 4 Exhibit Declaration of Enright-LaMere, # 5 Exhibit MCO 3570.1B)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 86 REPLY MEMORANDUM IN SUPPORT OF MOTION for Summary Judgment 68 led by Defendant United States of America. (Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 87 NOTICE OF CLARIFICATION led by Defendant United States of America re: Reply (Motion related), 85 , Reply (Motion related) 86 (Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 92 MINUTES OF TELEPHONIC CONFERENCE RE SETTLEMENT CONFERENCE held before Magistrate Judge David T. Bristow: The Court ordered the parties to meet and confer and to exchange updated settlement offers. The settlement conference will go forward as scheduled on Thursday, May 30, 2013, at 9:30am. Court Recorder: RS-4 5-23-13. (ad) [Transferred from cacd on 6/11/2013.] (Entered: 05/28/2013) 88 NOTICE OF MOTION AND MOTION to Strike Portions of MOTION for Leave to le Revised Memorandum in Opposition to Defendant's Motion For Summary Judgment 81 , MEMORANDUM in Opposition to Motion,,, 76 led
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by DEFENDANT United States of America. Motion set for hearing on 6/24/2013 at 11:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Exhibit Memorandum, # 2 Exhibit Schroeder Afdavit, # 3 Exhibit Sch./Pehrs 1st Report, # 4 Exhibit Haynes Report, # 5 Exhibit Esposito Report, # 6 Exhibit Esposito Supp. Report, # 7 Exhibit O'Kelly Report, # 8 Exhibit Schroeder Deposition, # 9 Exhibit Pehrson Deposition, # 10 Exhibit Esposito Deposition, # 11 Exhibit Haynes Deposition, # 12 Exhibit Scheduling Emails, # 13 Exhibit Schr./Pehrs 2nd Report)(Toomey, Zakary) [Transferred from cacd on 6/11/2013.] 05/28/2013 89 MINUTES (IN CHAMBERS): ORDER by Judge Consuelo B. Marshall: granting 81 Motion for Leave to File Revised Memorandum in Opposition to Defendant's Motion for Summary Judgment. Revised Memorandum in Opposition shall be led on or before May 28, 2013 at 5:00 P.M. (jl) [Transferred from cacd on 6/11/2013.] 90 MEMORANDUM in Opposition to MOTION for Summary Judgment 68 Revised led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. (Denenberg, Todd) [Transferred from cacd on 6/11/2013.] 91 SCHEDULING NOTICE (IN CHAMBERS) by Judge Consuelo B. Marshall on Motion for Summary Judgment 68 previously scheduled for 6/4/2013 10:00 am has been continued to 6/27/2013 at 09:00 AM before Judge Consuelo B. Marshall. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ae) TEXT ONLY ENTRY [Transferred from cacd on 6/11/2013.] 93 MEMORANDUM in Opposition to MOTION to Strike Portions of MOTION for Leave to le Revised Memorandum in Opposition to Defendant's Motion For Summary Judgment 81 , MEMORANDUM in Opposition to Motion,,, 76 88 led by Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd. (Attachments: # 1 Exhibit A - Rebuttal Report of Daniel O'Kelly, # 2 Exhibit B - Supplemental Expert Report of Drs. Schroeder and Pehrson, # 3 Exhibit C - Scheduling Order, # 4 Exhibit D Scheduling E-Mails, # 5 Exhibit E - Lee Declaration, # 6 Exhibit F - O'Kelly E-Mails, # 7 Exhibit G - Haynes Expert Report, # 8 Exhibit H - Excerpts from Schroeder Deposition, # 9 Exhibit I - Excerpts from Hanyes Deposition) (Denenberg, Todd) [Transferred from cacd on 6/11/2013.] 95 MINUTES OF Settlement Conference held before Magistrate Judge David T. Bristow: The case was called for a settlement conference. Attorney Todd B.
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Denenberg appeared on behalf of plaintiffs. Assistant United States Attorney Zakary Kendall Toomey appeared on behalf of defendant United States of America. The Court and counsel discussed the status of the case. After consultation with counsel it was determined that the settlement conference would not be productive at this time, in light of defendants pending motion for summary judgment. The Court set a telephonic conference on July 3, 2013, at 10:00 a.m. and a second settlement conference on July 11, 2013, at 9:30 a.m. before Magistrate Judge David T. Bristow. Court Reporter: RS- 4 5-23-13. (am) [Transferred from cacd on 6/11/2013.] (Entered: 06/04/2013) 06/04/2013 94 MINUTE ORDER IN CHAMBERS: by Judge Consuelo B. Marshall. MOTION of Defendant United States to Strike Portions of Plaintiffs' Response to the United States Motion for Summary Judgment is continued to 6/27/2013 at 09:00 AM before Judge Consuelo B. Marshall. 88 (jl) [Transferred from cacd on 6/11/2013.] 96 ORDER by Judge Consuelo B. Marshall: granting 70 Request to Substitute Attorney Erin M Lahey for Plaintiffs Ace American Insurance Company, Allianz Global Risks US Insurance Company, Certain Underwriters at Lloyds of London, General Security Indemnity Company of Arizona, Liberty Mutual Fire Insurance Company, Patrick Cudahy Inc, Smitheld Foods Inc, Tokio Marine and Nichido Fire Insurance Company Ltd, as attorney of record instead of Attorney Pamela Judith Gelman. (lom) [Transferred from cacd on 6/11/2013.] (Entered: 06/05/2013) 97 ORDER GRANTING MOTION TO TRANSFER VENUE TO THE EASTERN DISTRICT OF WISCONSIN 36 by Judge Consuelo B. Marshall. For the reasons stated above, the Court GRANTS Defendant's Motion to Transfer Venue and DENIES WITHOUT PREJUDICE Defendant's Motion to Bifurcate Proceedings. The Court Hereby ORDERS the Case be transferred to the Eastern District of Wisconsin at Milwaukee. MD JS-6. Case Terminated. (Attachments: # 1 Transmittal Letter) (lom) [Transferred from cacd on 6/11/2013.] (Entered: 06/10/2013) 98 Case transferred in from District of California Central; Case Number 2:12-cv02254. Original le certied copy of transfer order and docket sheet received. NOTICE Regarding assignment of this matter to Magistrate Judge Aaron E. Goodstein; Consent/refusal forms for Magistrate Goodstein to be led within 21 days; the consent/refusal form is available on our web site. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be led upon the rst ling of any paper and should be led now if not already led. (lls) 99 LETTER from clerk to Atty. Lahey re: transfer of this case to our district and asking for consent/refusal form and disclosure statement to be led. (lls) 100 Refusal to Jurisdiction by US Magistrate Judge by United States of America. (Toomey, Zakary)
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101 REPLY led by United States of America re 88 United States' Motion to Strike. (Attachments: # 1 Exhibit US Supp. Discl. Ltr, # 2 Exhibit M125 MSDS, # 3 Exhibit Esposito Dep.)(Toomey, Zakary) 102 Consent to Jurisdiction by US Magistrate Judge by All Plaintiffs. (Endelman, Alyssa) Due to the non-consent of the parties, this case has been randomly reassigned to Judge J P Stadtmueller. Magistrate Judge Aaron E Goodstein no longer assigned to the case. (vkb)
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SMITHFIELD FOODS INC Et Al v. UNITED STATES OF AMERICA Docket

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SMITHFIELD FOODS INC Et Al v. UNITED STATES OF AMERICA Docket

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Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Date Filed 03/16/2012

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

Eastern District of Wisconsin - Live

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