ace american insurance corporation et al v. aurora docket

8/4/2019 ACE AMERICAN INSURANCE CORPORATION et al v. AURORA Docket

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CONMAG, LEAD, STLMT, TERMED

U.S. District CourtDistrict of Colorado (Denver)

CIVIL DOCKET FOR CASE #: 1:08-cv-01236-CBS -BNB

ACE American Insurance Corporation et al v. Aurora

Organic Dairy Corporation

Assigned to: Magistrate Judge Craig B. Shaffer

Referred to: Magistrate Judge Boyd N. Boland

Member case: (View Member Case)

Cause: 28:2201 Declaratory Judgment

Date Filed: 06/10/2008

Date Terminated: 10/03/2011

Jury Demand: Defendant

Nature of Suit: 110 Insurance

Jurisdiction: Diversity

Plaintiff

ACE American Insurance

Corporation

a Pennsylvania corporation

represented by Debora L. Verdier

Sanders & Parks, P.C.

3030 North Third Street

#1300

Phoenix, AZ 85012-3099

602-532-5600

Fax: 602-230-5097

Email:

[email protected]

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Garrick Lloyd GallagherSanders & Parks, P.C.

3030 North Third Street

#1300

Phoenix, AZ 85012-3099

602-532-5600

Fax: 602-532-5700

Email:

[email protected]

LEAD ATTORNEY


Plaintiff

Indemnity Insurance Company of

North America



(See above for address)

LEAD ATTORNEY


CM/ECF - U.S. District Court:cod https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?10688348153

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Garrick Lloyd Gallagher


LEAD ATTORNEY


Plaintiff

National Surety Corporationan Illinois corporation

represented by Bethany K. CulpHinshaw & Culbertson,

LLP-Minneapolis

333 South 7th Street

Accenture Tower

#2000

Minneapolis, MN 55402

612-333-2596

Fax: 612-334-8888

Email: [email protected]

LEAD ATTORNEY


Daniel N. West

Hinshaw & Culbertson,

LLP-Minneapolis


Accenture Tower

#2000


612-334-2596

Fax: 612-334-8888Email: [email protected]


Jacob S. Woodard

Woodard Law Office, P.A.

6105 Seamans Drive

Shorewood, MN 55331

612-799-3553

Email: jwoodard@woodard-

law-office.net

TERMINATED: 02/11/2011

Shushanie E. Kindseth

Hinshaw & Culbertson,

LLP-Minneapolis


Accenture Tower


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#2000


612-333-3434

Fax: 612-334-8888


PlaintiffAmerican Insurance Company

an Ohio corporation

represented by Bethany K. Culp


LEAD ATTORNEY


Daniel N. West



Jacob S. Woodard






V.

Consol Plaintiff

Aurora Dairy Corporationa Delaware corporation

doing business as

Aurora Organic Dairy

represented by Daniel F. WakeSander Ingebretsen & Wake, P.C.

1660 17th Street

#450

Denver, CO 80202

303-285-5544

Fax: 303-285-5301


LEAD ATTORNEY


Livia M. Kiser

Barack Ferrazzano Kirschbaum &

Nagelberg LLP

200 West Madison Street

#3900

Chicago, IL 60606-3459


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312-984-3100

Fax: 312-984-3150



Mark S. Mester

Latham & Watkins, LLP-Chicago233 South Wacker Drive

Sears Tower

#5800

Chicago, IL 60606

312-876-7700

Fax: 312-993-9767



V.

Defendant

Aurora Organic Dairy Corporation

a Colorado corporation

represented by Livia M. Kiser


LEAD ATTORNEY


Mark S. Mester


LEAD ATTORNEY


Daniel F. Wake



V.

Consol Defendant

Nationwide Agribusiness Insurance

Companyan Iowa corporation

represented by Brad E. Brewer

Zelle Hofmann Voelbel & Mason,LLP-Dallas

901 Main Street

#4000

Dallas, TX 75202

214-749-3000

Fax: 214-760-8994


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LEAD ATTORNEY


Brett Norman Huff

Huff & Leslie, LLP

2480 Gray StreetEdgewater, CO 80214

303-232-3622

Fax: 303-274-0638



LEAD ATTORNEY

Arthur Joel Kutzer

Senter Goldfarb & Rice, LLC

1700 Broadway

#1700Denver, CO 80290

303-320-0509

Fax: 303-320-0210



Joel A. Palmer

Senter Goldfarb & Rice, LLC

1700 Broadway

#1700Denver, CO 80290

303-320-0509

Fax: 303-320-0210



Counter Defendant

American Insurance Company

an Ohio corporation


represented by Jacob S. Woodard



LEAD ATTORNEY



LEAD ATTORNEY



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Bethany K. Culp



Counter Claimant


a Colorado corporationdoing business as

Aurora Organic Dairy


(See above for address)LEAD ATTORNEY


V.

Counter Defendant

General Fire & Casualty Company

an Idaho corporation

represented by Troy R. Olsen

Rothgerber Johnson & Lyons,

LLP-Colorado Springs

90 South Cascade Avenue#1100

Colorado Springs, CO 80903-1662

719-386-3000

Fax: 719-386-3070


LEAD ATTORNEY


Shane Kato Crews

Mastin Hoffman & Crews, P.C.

5750 South Ulster Circle East#300

Greenwood Village, CO 80111

303-217-4876

Fax: 303-217-4877



Counter Defendant

American Farmers & Ranchers

Mutual Insurance Companyan Oklahoma corporation

represented by Shane Kato Crews

(See above for address)TERMINATED: 02/08/2011

Troy R. Olsen




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Counter Defendant

American Insurance Company, The

an Ohio corporation

represented by Bethany K. Culp


LEAD ATTORNEY


Jacob S. Woodard



LEAD ATTORNEY



LEAD ATTORNEY


Counter Defendant

ACE American Insurance

Corporation




LEAD ATTORNEY




Counter Defendant

Indemnity Insurance Company of

North Americaa Pennsylvania corporation


(See above for address)LEAD ATTORNEY





Counter Defendant

National Surety Corporation

an Illinois corporation

represented by Jacob S. Woodard

(See above for address)TERMINATED: 02/11/2011

LEAD ATTORNEY



LEAD ATTORNEY


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Bethany K. Culp


Counter Claimant

General Fire & Casualty Companyan Idaho corporation

represented by Troy R. Olsen(See above for address)

LEAD ATTORNEY


Shane Kato Crews



V.

Counter Defendant


a Colorado corporation



LEAD ATTORNEY


Date Filed # Docket Text

06/10/2008 1 COMPLAINT for Declaratory Relief against Aurora Organic Dairy

Corporation ( Filing fee $ 350, Receipt Number COX010567) Summonsissued, filed by ACE American Insurance Corporation, Indemnity Insurance

Company of North America, National Surety Corporation, American Insurance

Company. (Attachments: # 1 Exh A, # 2 Exh B 1-10, # 3 Exh B 11-50, # 4 Exh

B 51-84, # 5 Exh B 85-111, # 6 Exh C 1-10, # 7 Exh C 11-25, # 8 Exh C 26-70,

# 9 Exh C 71-115, # 10 Exh D 1-10, # 11 Exh D 11-20, # 12 Exh D 21-64, # 13

Exh D 65-107, # 14 Exh E 1-10, # 15 Exh E 11-20, # 16 Exh E 21-70, # 17

Exh E 71-109, # 18 Exh F 1-96, # 19 Exh F 97-193, # 20 Exh G 1-82, # 21 Exh

E 83-164, # 22 Exh G 165-244, # 23 Civil Cover Sheet, # 24 Receipt)(llk, )

(Entered: 06/11/2008)

06/18/2008 2 SUMMONS Returned Executed by all plaintiffs. Aurora Organic DairyCorporation served on 6/16/2008, answer due 7/7/2008. (Gallagher, Garrick)

(Entered: 06/18/2008)

06/30/2008 3 ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland.

Dispositive Motions due no later than 5/11/2009. Entered by Chief Judge

Edward W. Nottingham on 6/30/08. (ewnsec, ) Modified on 7/1/2008 to

remove text only indication as a pdf is attached (sss, ). (Entered: 06/30/2008)


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07/01/2008 4 Docket Annotation re: 3 Order Referring Case to Magistrate Judge. Docket

entry modified to remove text only indication as a pdf is attached. Text only

entry - no document attached. (sss, ) (Entered: 07/01/2008)

07/01/2008 5 NOTICE of Entry of Appearance of Mark S. Mester by Daniel F. Wake on

behalf of Aurora Organic Dairy Corporation (Wake, Daniel) (Entered:

07/01/2008)

07/01/2008 6 NOTICE of Entry of Appearance of Livia M. Kiser by Daniel F. Wake on

behalf of Aurora Organic Dairy Corporation (Wake, Daniel) (Entered:

07/01/2008)

07/01/2008 7 CORPORATE DISCLOSURE STATEMENT by Defendant Aurora Organic

Dairy Corporation.. (Wake, Daniel) (Entered: 07/01/2008)

07/01/2008 8 STIPULATION for Extension of Time by Plaintiffs ACE American Insurance

Corporation, Indemnity Insurance Company of North America, National

Surety Corporation, American Insurance Company, Defendant Aurora Organic

Dairy Corporation. (Wake, Daniel) (Entered: 07/01/2008)07/01/2008 11 Utility Setting/Resetting Deadlines/Hearings: Pursuant to stipulation filed on

7/1/2008, Aurora Organic Dairy Corporation answer due 7/28/2008. Text only

entry - no document attached. (sss, ) (Entered: 07/02/2008)

07/02/2008 9 NOTICE of Entry of Appearance by Shushanie E. Kindseth on behalf of

National Surety Corporation, American Insurance Company (Attachments: # 1

Certificate of Service)(Kindseth, Shushanie) (Entered: 07/02/2008)

07/02/2008 10 NOTICE of Entry of Appearance by Debora L. Verdier by Garrick Lloyd

Gallagher on behalf of ACE American Insurance Corporation, Indemnity

Insurance Company of North America (Gallagher, Garrick) (Entered:07/02/2008)

07/17/2008 12 ORDER: Scheduling/Planning Conference set for 9/17/2008 10:00 AM in

Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by

Magistrate Judge Boyd N. Boland on 7/17/2008. (sss, ) (Entered: 07/18/2008)

07/28/2008 13 ANSWER to 1 Complaint,,,AFFIRMATIVE DEFENSES, First

COUNTERCLAIM against all plaintiffs by Aurora Organic Dairy Corporation.

(Wake, Daniel) (Entered: 07/28/2008)

08/08/2008 14 MINUTE ORDER: Scheduling Conference set for 9/17/2008 is vacated and

reset to 10/15/2008 09:00 AM in Courtroom A 401 before Magistrate JudgeBoyd N. Boland, by Magistrate Judge Boyd N. Boland on 8/8/2008. (sss, )

(Entered: 08/08/2008)

08/18/2008 15 ANSWER to 13 Answer to Complaint, Counterclaim by National Surety

Corporation, American Insurance Company.(Culp, Bethany) (Entered:

08/18/2008)


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08/19/2008 16 STIPULATION for Extension of Time by Plaintiffs ACE American Insurance

Corporation, Indemnity Insurance Company of North America, Defendant

Aurora Organic Dairy Corporation. (Gallagher, Garrick) (Entered: 08/19/2008)

09/03/2008 17 CORPORATE DISCLOSURE STATEMENT of ACE American Insurance

Corporation and Indemnity Insurance Company of North America by Plaintiffs

ACE American Insurance Corporation, Indemnity Insurance Company of

North America.. (Gallagher, Garrick) (Entered: 09/03/2008)

09/04/2008 18 ANSWER to Complaint , Counterclaims by ACE American Insurance

Corporation, Indemnity Insurance Company of North America.(Gallagher,

Garrick) (Entered: 09/04/2008)

09/08/2008 19 Joint MOTION to Amend/Correct/Modify Order Setting Rule 16(b) Scheduling

Conference and Rule 26(f) Planning Meeting by Defendant Aurora Organic

Dairy Corporation. (Verdier, Debora) (Entered: 09/08/2008)

09/08/2008 20 MEMORANDUM regarding 19 Joint MOTION to Amend/Correct/Modify

Order Setting Rule 16(b) Scheduling Conference and Rule 26(f) PlanningMeeting filed by Aurora Organic Dairy Corporation. Motion referred to

Magistrate Judge Boyd N. Boland. Entered by Chief Judge Edward W.

Nottingham on 9/8/08. (Text Only Entry - No Document Attached)(ewnsec, )

(Entered: 09/08/2008)

09/09/2008 21 MINUTE ORDER granting 19 Joint Motion to Amend Order Setting Rule

16(b) Scheduling Conference and Rule 26(f) Planning Meeting, by Magistrate

Judge Boyd N. Boland on 9/9/2008.(sss, ) (Entered: 09/10/2008)

09/19/2008 22 CORPORATE DISCLOSURE STATEMENT by Plaintiff American Insurance

Company.. (Kindseth, Shushanie) (Entered: 09/19/2008)

09/19/2008 23 CORPORATE DISCLOSURE STATEMENT by Plaintiff National Surety

Corporation.. (Kindseth, Shushanie) (Entered: 09/19/2008)

10/08/2008 24 Proposed Scheduling Order by Plaintiffs ACE American Insurance

Corporation, Indemnity Insurance Company of North America. (Gallagher,

Garrick) Modified on 10/9/2008 to add Indemnity Insurance Company of

North America as a filer (sss, ). (Entered: 10/08/2008)

10/09/2008 25 Docket Annotation re: Docket entry for 24 Proposed Scheduling Order

modified to add Indemnity Insurance Company of North America as a filer.

Text only entry - no document attached. (sss, ) (Entered: 10/09/2008)

10/15/2008 26 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs ACE American

Insurance Corporation, Indemnity Insurance Company of North America,

National Surety Corporation, American Insurance Company, Defendant Aurora

Organic Dairy Corporation. (sss, ) (Entered: 10/15/2008)


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10/16/2008 27 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland:

Scheduling Conference held on 10/16/2008. Counsel have consented to the

jurisdiction of a magistrate judge and have signed the Notice ofAvailability of

a United States Magistrate Judge to Exercise Jurisdiction. Scheduling Order

not entered. (Court Reporter FTR - C. Coomes) (mehcd) (Entered: 10/16/2008)

10/20/2008 28 ORDER OF REFERENCE Pursuant to 28 U.S.C. 636(c) Upon Consent to

Jurisdiction of Magistrate Judge. Signed by Chief Judge Edward W.

Nottingham on 10/20/08. (jmp, ) (Entered: 10/20/2008)

10/20/2008 29 LETTER from Clerk to parties re: reassignment of case to Magistrate Judge

Craig B Shaffer. (jmp, ) (Entered: 10/20/2008)

10/22/2008 30 ORDER AND ORDER OF REFERENCE: All previously scheduled matters

will now be handled by Magistrate Judge Shaffer. The Order of Reference

dated 6/30/08 is VACATED. This matter is now referred to United States

Magistrate Judge Boyd N. Boland for settlement purposes only.

Scheduling/Planning Conference set for 10/15/08 is RESET to 11/10/2008

09:00 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer.Signed by Magistrate Judge Craig B Shaffer on 10/22/08. (jmp, ) (Entered:

10/22/2008)

11/04/2008 31 Proposed Scheduling OrderAmendedby Plaintiffs ACE American Insurance


Surety Corporation, American Insurance Company. (Verdier, Debora) (Entered:

11/04/2008)

11/10/2008 32 MINUTE ORDER: Scheduling Conference set for 11/10/08 is VACATED and

RESET for 12/1/2008 02:30 PM before Magistrate Judge Craig B Shaffer, by

Magistrate Judge Craig B Shaffer on 11/10/08. (jmp, ) (Entered: 11/10/2008)

11/18/2008 33 NOTICE of Entry of Appearance by Jacob S. Woodard on behalf of National

Surety Corporation, American Insurance Company (Woodard, Jacob) (Entered:

11/18/2008)

11/25/2008 34 Proposed Scheduling OrderAmendedby Plaintiffs ACE American Insurance


Surety Corporation, American Insurance Company. (Verdier, Debora) (Entered:

11/25/2008)

12/01/2008 35 COURTROOM MINUTES/MINUTE ORDER for proceedings held before

Magistrate Judge Craig B Shaffer. Scheduling Conference held on 12/1/2008:Discovery due by 8/1/2009; Dispositive Motions due by 9/1/2009; Final

Pretrial Conference set for 12/2/2009 at 9:15 a.m. in Courtroom A 402 before

Magistrate Judge Craig B Shaffer; 7 Day Jury Trial set to commence 1/25/2010

at 9:00 a.m. in Courtroom A 402 before Magistrate Judge Craig B Shaffer.

(FTR - Ben Van Dyke) (cbscd) Modified on 12/3/2008 to correct number of

days trial set for (gms, ). (Entered: 12/01/2008)


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12/01/2008 36 SCHEDULING ORDER. Signed by Magistrate Judge Craig B Shaffer on

12/1/08. (gms, ) (Entered: 12/01/2008)

12/03/2008 37 Docket Annotation re: 35 Scheduling Conference. This docket entry was

modified to correct number of days trial set for. Text only entry - no document

attached (gms, ) (Entered: 12/03/2008)

12/05/2008 38 MINUTE ORDER, Settlement Conference set for 1/29/2009 09:00 AM beforeMagistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on

12/05/08. (wjc, ) (Entered: 12/08/2008)

01/12/2009 39 MINUTE ORDER: Settlement Conference set for 01/29/09 is vacated and reset

to 2/26/2009 at 09:00 AM before Magistrate Judge Boyd N. Boland, by

Magistrate Judge Boyd N. Boland on 01/12/09. (wjc, ) (Entered: 01/12/2009)

01/13/2009 40 Unopposed MOTION For Extension of Timefor the Parties to Join Other

Parties and Amend Pleadings by Plaintiffs ACE American Insurance

Corporation, Indemnity Insurance Company of North America. (Gallagher,

Garrick) (Entered: 01/13/2009)01/14/2009 41 MINUTE ORDER granting Plaintiffs' 40 Motion for Extension of Time for the

Parties to Join Other Parties and Amend Pleadings. The deadline is extended to

on or before 1/30/09. Entered by Magistrate Judge Craig B Shaffer on 1/14/09.

(Text only entry - no document attached) (cbssec) (Entered: 01/14/2009)

01/29/2009 42 Unopposed MOTION For Extension of TimeBy All Parties to Extend

Deadline for Joinder of Parties and Amendment of Pleadings (Second

Requested Extension) by Plaintiffs ACE American Insurance Corporation,

Indemnity Insurance Company of North America. (Verdier, Debora) (Entered:

01/29/2009)

01/30/2009 43 MINUTE ORDER granting 42 Motion for Extension of Time. The deadline for

joinder of parties and amendment of pleadings is extended to February 11,

2009. By Magistrate Judge Craig B Shaffer on 1/30/09.TEXT ONLY ENTRY -

NO DOCUMENT ATTACHED (cbssec) (Entered: 01/30/2009)

02/11/2009 44 WITHDRAWN - MOTION for Joinder or to Compel Joinder of, Additional

Counterdefendant by Plaintiffs ACE American Insurance Corporation,

Indemnity Insurance Company of North America, National Surety

Corporation, American Insurance Company. (Attachments: # 1 Exhibit

A)(Verdier, Debora) Modified on 2/12/2009 to add filer American Insurance

Company (wjc, ). Modified on 3/18/2009 to reactivate the motion as it wastermed in error (wjc, ). Modified on 4/15/2009 to add text Withdrawn pursuant

to Order of 04/15/09 (wjc, ). (Entered: 02/11/2009)

02/11/2009 45 WITHDRAWN - MOTION for Leave to File First 1 Amended Complaint by

Plaintiffs ACE American Insurance Corporation, Indemnity Insurance

Company of North America, National Surety Corporation, American Insurance

Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit H to Exhibit 1 (Amended


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Complaint), # 3 Exhibit I to Exhibit 1 (Amended Complaint))(Verdier, Debora)

Modified on 2/12/2009 to add filer American Insurance Company and add

linkage and text in filer (wjc, ). Modified on 3/18/2009 to reactivate the motion

as it was termed in error (wjc, ). Modified on 5/11/2009 to add text Withdrawn

(wjc, ). (Entered: 02/11/2009)

02/11/2009 46 Unopposed MOTION for Joinder re 13 Answer to Complaint, Counterclaim -

Aurora Organic Dairy's Unopposed Motion for Joinder and, MOTION for

Leave to File its First Amended Counterclaim by Counter Claimant Aurora

Organic Dairy Corporation. (Attachments: # 1 Exhibit List, # 2 Exhibit A.

Aurora Organic Dairys Proposed Answer, Affirmative Defenses and First

Amended Counterclaim, # 3 Exhibit B. Bayview Loan Servicing v. Boland,

No. 08-cv-00566, 2009 WL 160902 (D. Colo.Jan. 21, 2009), # 4 Exhibit C.

Keymark Enterprises, LLC v. V.P.T., Inc., No. 08-cv-00662, 2008 WL 4371923

(D. Colo. Sept. 22, 2008), # 5 Exhibit D. L&W Innovations, LLC v. Linli

Construction, Inc., No. 07-cv-00563, 2009 WL 189942 (D. Colo. Jan. 27,

2009))(Mester, Mark) (Entered: 02/11/2009)

02/12/2009 47 Docket Annotation re: 44 MOTION for Joinder or to Compel Joinder of,

Additional Counterdefendant. Modified on 2/12/2009 to add filer American

Insurance Company. 45 MOTION for Leave to File First Amended Complaint.

Modified on 2/12/2009 to add filer American Insurance Company and add

linkage. Text only entry - no document attached. (wjc, ) (Entered: 02/12/2009)

02/12/2009 48 Docket Annotation re: 45 MOTION for Leave to File First Amended

Complaint. Modified on 12/12/09 to add text of filer. Text only entry - no

document attached. (wjc, ) (Entered: 02/12/2009)

02/17/2009 49 MINUTE ORDER: Settlement Conference set for 02/26/09 is vacated. The

parties are to reschedule the all day Settlement Conference with Chambers onor before 03/26/09, by Magistrate Judge Boyd N. Boland on 02/17/09. (wjc, )

(Entered: 02/17/2009)

03/03/2009 50 Unopposed MOTION For Extension of Time for Defendant Aurora Organic

Dairy Corporation to Respond to 44 Motion to Join, or to Compel Joinder of,

Additional Counterdefendant and 45 Motion for Leave to File First Amended

Complaint by Plaintiffs ACE American Insurance Corporation, Indemnity

Insurance Company of North America, National Surety Corporation, American

Insurance Company. (Attachments: # 1 Exhibit A)(Verdier, Debora) Modified

on 3/18/2009 to add linkage (wjc, ). (Entered: 03/03/2009)

03/17/2009 51 MINUTE ORDER granting 46 Defendant's Unopposed Motion for Joinder and

Leave to File Its First Amended Counterclaim. Defendant's Answer,

Affirmative Defenses and First Amended Counterclaim and Exhibits thereto

are accepted for filing. Agreed 50 Motion for an Extension of Time for

Defendant to Respond to 44 Motion to Join, or to Compel Joinder of,

Additional Counterdefendant and 45 Motion for Leave to File First Amended


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Complaint is granted. The deadline to respond to Plaintiffs' motion is extended

to on or before 03/24/09, by Magistrate Judge Craig B Shaffer on

03/17/09.(wjc, ) Modified on 3/18/2009 to correct and add linkage (wjc, ).

(Entered: 03/17/2009)

03/17/2009 52 AMENDED ANSWER to 1 Complaint, Affirmative Defenses and First

Amended COUNTERCLAIM against General Fire & Casualty Company,

American Farmers & Ranchers Mutual Insurance Company, American

Insurance Company, The, ACE American Insurance Corporation, Indemnity

Insurance Company of North America, National Surety Corporation by

Counter Claimant Aurora Organic Dairy Corporation, Defendant Aurora

Organic Dairy Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3

Exhibit 3)(wjc, ) (Entered: 03/18/2009)

03/24/2009 53 NOTICE re 44 MOTION for Joinder or to Compel Joinder of, Additional

Counterdefendantby Plaintiff ACE American Insurance Corporation

(Gallagher, Garrick) (Entered: 03/24/2009)

03/25/2009 54 Docket Annotation re: 53 Notice (Other). Counsel informed to refile usingcorrect motions event. Text only entry - no document attached. (wjc, )

(Entered: 03/25/2009)

03/25/2009 55 MOTION to Withdraw 44 MOTION for Joinder or to Compel Joinder of,

Additional Counterdefendantby Plaintiff ACE American Insurance

Corporation. (Gallagher, Garrick) (Entered: 03/25/2009)

03/26/2009 56 MINUTE ORDER setting Settlement Conference for 5/21/2009 at 09:00 AM

before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland

on 03/26/09. (wjc, ) (Entered: 03/27/2009)

04/03/2009 57 JointANSWER/REPLY to 52 Amended Answer to Complaint,, Counterclaim,by National Surety Corporation, American Insurance Company.(Woodard,

Jacob) (Entered: 04/03/2009)

04/03/2009 58 Letter to all counsel from Deputy Clerk re: new parties added to this case with

the Notice of Availability of the Magistrate Judge re: 28 Order on Consent to

Jurisdiction of Magistrate Judge. (wjc, ) (Entered: 04/03/2009)

04/06/2009 59 Letter to all counsel from Deputy Clerk re: New parties added to this case with

the Notice of Availability of the Magistrate Judge re: 28 Order on Consent to

Jurisdiction of Magistrate Judge. (wjc, ) (Entered: 04/06/2009)

04/06/2009 60 JointANSWER/REPLY to 52 Amended Answer to Complaint,, Counterclaim,by ACE American Insurance Corporation, Indemnity Insurance Company of

North America.(Verdier, Debora) (Entered: 04/06/2009)

04/08/2009 61 MINUTE ORDER vacating Settlement Conference for 05/21/09 and resetting

for 6/18/2009 at 09:00 AM before Magistrate Judge Boyd N. Boland, by

Magistrate Judge Boyd N. Boland on 04/08/09. (wjc, ) (Entered: 04/08/2009)


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04/10/2009 62 Mail Returned as Undeliverable re: 58 Letter Addressed to General Fire &

Casualty Company. (wjc, ) (Entered: 04/10/2009)

04/15/2009 63 ORDER granting 55 Plaintiffs'/Counter Defendants' Notice of Withdrawal of

Motion to Join, or to Compel Joinder of, Additional Counter Defendant.

Plaintiffs'/Counter Defendants' 44 Motion to Join, or to Compel Joinder of,

Additional Counter Defendant is withdrawn, by Magistrate Judge Craig B.

Shaffer on 04/15/09.(wjc, ) (Entered: 04/15/2009)

04/22/2009 64 CONSENT to Jurisdiction of Magistrate Judge by Counter Defendants

American Farmers & Ranchers Mutual Insurance Company, General Fire &

Casualty Company (Olsen, Troy) Modified on 5/8/2009 to add filer (wjc, ).

(Entered: 04/22/2009)

04/24/2009 65 MINUTE ORDER Setting Status Conference and Hearing on 45 Plaintiff's

MOTION for Leave to File First Amended Complaint: Status Conference and

Motion Hearing set for 5/8/2009 at 03:00 PM in Courtroom A 402 before

Magistrate Judge Craig B. Shaffer, by Magistrate Judge Craig B. Shaffer on

04/24/09. (wjc, ) (Entered: 04/27/2009)

04/27/2009 66 ANSWER/REPLY to 52 Amended Answer to Complaint,, Counterclaim,,

COUNTERCLAIM against Aurora Organic Dairy Corporation by General Fire

& Casualty Company.(Crews, S.) (Entered: 04/27/2009)

05/04/2009 67 NOTICE OF CASE ASSOCIATION by Defendant Aurora Organic Dairy

Corporation (Kiser, Livia) (Entered: 05/04/2009)

05/05/2009 68 Joint MOTION For Extension of Time or Amend Scheduling Order by

Plaintiffs ACE American Insurance Corporation, Indemnity Insurance

Company of North America. (Verdier, Debora) (Entered: 05/05/2009)

05/08/2009 69 Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer:

Motion Hearing held on 5/8/2009. Plaintiff's 45 Motion for Leave to File First

Amended Complaint is Withdrawn; Parties Joint 68 Motion for Extension of

Time or Amend Scheduling Order is Denied as Moot. Discovery deadlines in

this matter are vacated and discovery is Stayed sua sponte until after the

settlement conference on 06/18/09. (Court Reporter FTR - Ginny Kramer.)

(wjc, ) (Entered: 05/08/2009)

05/08/2009 70 Docket Annotation re: 64 Consent to Jurisdiction of Magistrate Judge.

Modified on 5/8/2009 to add filer. Text only entry - no document attached.

(wjc, ) (Entered: 05/08/2009)05/14/2009 71 Unopposed MOTION to Consolidate Cases by Plaintiffs ACE American

Insurance Corporation, Indemnity Insurance Company of North America.

(Verdier, Debora) (Entered: 05/14/2009)

05/20/2009 72 NOTICE of Entry of Appearance by Troy R. Olsen on behalf of General Fire

& Casualty Company (Olsen, Troy) (Entered: 05/20/2009)


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05/20/2009 73 ORDER OF CONSOLIDATION: ACE and IICNAs 71 Unopposed Motion to

Consolidate is GRANTED (Case No. 08-cv-01236-CBS-BNB). Civil Action

Nos. 09-cv-00346-PAB-KMT and 08-cv-01236-CBS-BNB, are consolidated

for all purposes. Under D.C.COLOL.CIVR. 42.1, Civil Action No. 09-cv-

00346-PAB-KMT is reassigned to this court, pursuant 28 U.S.C. 636(c),

FED.R.CIV.P. 73, and D.C.COLOL.CIVR. 72.2, and referred to Magistrate

Judge Boland. Counsel in Civil Action No. 09-cv-00346-CBS-BNB shall filean executed Notice of Availability of a United States Magistrate Judge to

Exercise Jurisdiction no later than 06/12/09, by Magistrate Judge Craig B.

Shaffer on 05/20/09.(wjc, ) (Entered: 05/20/2009)

05/20/2009 74 Unopposed MOTION for Extension of Time to File Answer or Otherwise

Respond - Aurora Dairy Corporation's Unopposed Motion for an Extension of

Time in which to Answer the 66 Third Party Counterclaim of General Fire &

Casualty Company d/b/a American Farmers & Ranchers Insurance Company

Pending Participation in Court-Supervised Mediation by Consol Plaintiff

Aurora Dairy Corporation. (Mester, Mark) Modified on 5/21/2009 to add

linkage (wjc, ). (Entered: 05/20/2009)

05/26/2009 75 MINUTE ORDER granting 74 Unopposed Motion for an Extension of Time in

Which to Answer the Third Party Counterclaim of General Fire & Casualty

Company d/b/a American Farmers & Ranchers Insurance Company Pending

Participation in court-Supervised Mediation. The deadline for Aurora Dairy to

respond is extended to twenty (20) days after completion of the settlement

conference scheduled before U.S. Magistrate Judge Boyd N. Boland, by

Magistrate Judge Craig B. Shaffer on 05/26/09.(wjc, ) (Entered: 05/26/2009)

05/27/2009 76 NOTICEDefendant Nationwide Agribusiness Insurance Company's Notice of

Availability of a United States Magistrate Judge to Exercise Jurisdiction by

Consol Defendant Nationwide Agribusiness Insurance Company (Brewer,

Brad) (Entered: 05/27/2009)

05/29/2009 77 CONSENT to Jurisdiction of Magistrate Judge by Consol Plaintiff Aurora

Dairy Corporation. (Wake, Daniel) (Entered: 05/29/2009)

05/29/2009 78 ORDER: The above-captioned case is referred to Magistrate Judge Craig B.

Shaffer to handle all dispositive matters including trial and entry of a final

judgment in accordance with 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and D.C.

COLO. LCivR 72.2. The above-captioned case is now referred to United States

Magistrate Judge Boyd N. Boland for settlement purposes only, to convene

such settlement conferences and direct related proceedings as may facilitatesettlement of this case. Discovery in this action is currently STAYED, to be

rescheduled after the settlement conference presently set on 06/18/2009, by

Magistrate Judge Craig B. Shaffer on 05/29/09. (wjc, ) (Entered: 05/29/2009)


Settlement Conference held on 6/18/2009. No settlement was reached. A


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follow-up conference has been set for 09/03/2009. (wjc, ) (Entered:

06/18/2009)

06/18/2009 80 MINUTE ORDER: Settlement Conference set for 9/3/2009 at 09:00 AM, to

continue all day, before Magistrate Judge Boyd N. Boland, by Magistrate

Judge Boyd N. Boland on 06/18/09. (wjc, ) (Entered: 06/18/2009)

06/22/2009 81 MINUTE ORDER addressing deadlines. ORDERED that in light of partiesefforts to continue settlement discussions in this civil action, the stay on

discovery shall continue through 9/3/09. FURTHER ORDERED that the

9/1/09 dispositive motions deadline is vacated. by Magistrate Judge Craig B.

Shaffer on 6/22/09. TEXT ONLY ENTRY - NO DOCUMENT

ATTACHED(cbssec) (Entered: 06/22/2009)

08/28/2009 82 MOTION for Protective Order - Unopposed Motion for Entry of Stipulated

Protective Order by Consol Plaintiff Aurora Dairy Corporation, Defendant

Aurora Organic Dairy Corporation. (Attachments: # 1 Exhibit 1 - Stipulated

Protective Order)(Mester, Mark) (Entered: 08/28/2009)

09/01/2009 83 MINUTE ORDER granting 82 Motion for Protective Order. The parties are

reminded that they will be required to comply fully with all provisions of

D.C.ColoL.CivR. 7.2, and particularly those provisions dealing with filing

documents under seal, by Magistrate Judge Craig B. Shaffer on 9/1/09.TEXT

ONLY ENTRY - NO DOCUMENT ATTACHED (cbssec ) (Entered:

09/01/2009)

09/01/2009 84 PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on

9/1/09. (cbssec ) (Entered: 09/01/2009)

09/02/2009 85 MINUTE ORDER sua sponte modifying start time for the final pretrial

conference. ORDERED that the Final Pretrial Conference, set for 12/2/2009,will start at 8:30 a.m., in Courtroom A 402 before Magistrate Judge Shaffer, by

Magistrate Judge Craig B. Shaffer on 9/2/09. TEXT ONLY ENTRY - NO

DOCUMENT ATTACHED(cbssec) (Entered: 09/02/2009)


Settlement Conference held on 9/3/2009. No settlement was reached as to any

claims. (bnbcd, ) (Entered: 09/04/2009)

09/14/2009 87 MINUTE ORDER sua sponte setting hearing pursuant to 86 Settlement

Conference and 81 Minute Order. ORDERED that a Status Conference will be

held on 10/13/2009, at 4:00 p.m., in Courtroom A 402 before Magistrate JudgeCraig B. Shaffer. Local counsel are asked to physically appear in court.

Out-of-town counsel may participate by telephone by coordinating to create a

conference call among themselves before contacting the Court (303.844.2117)

at the scheduled time, by Magistrate Judge Craig B. Shaffer on 9/14/09. TEXT

ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec) (Entered:

09/14/2009)


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09/23/2009 88 Unopposed MOTION for Extension of Time to File Answer or Otherwise

Respond re 66 Answer/Reply to Counterclaim, - Aurora Dairy Corporation's

Unopposed Motion for an Extension of Time in Which to Answer the Third

Party Counterclaim of General Fire & Casualty Company d/b/a American

Farmers & Ranchers Insurance Company by Consol Plaintiff Aurora Dairy

Corporation. (Kiser, Livia) (Entered: 09/23/2009)

09/29/2009 89 ORDER granting in part and denying in part 88 Aurora Dairy Corp.'s

Unopposed Motion for an Extension of Time to Answer Third Party

Counterclaim of General Fire & Casualty Co. d/b/a American Farmers and

Ranchers Insurance Co. [# 66]. Aurora Dairy Corp. shall file its Answer to

Third Party Counterclaim on or before October 13, 2009 at 12:00 noon. By

Magistrate Judge Craig B. Shaffer on 09/29/2009.TEXT ONLY ENTRY - NO

DOCUMENT ATTACHED (cbslc1) (Entered: 09/29/2009)

09/29/2009 90 Utility Setting/Resetting Deadlines/Hearings: Aurora Organic Dairy

Corporation answer due 10/13/2009 pursuant to Order dated 09/29/2009.

TEXT ONLY ENTRY - NO DOCUMENT ATTACHED. (wjc, ) (Entered:

09/30/2009)

10/07/2009 91 MOTION to Dismiss Party by Counter Defendants American Farmers &

Ranchers Mutual Insurance Company, General Fire & Casualty Company.

(Attachments: # 1 Exhibit A, B, C and D)(Olsen, Troy) Modified on 10/8/2009

to add filer (wjc, ). (Entered: 10/07/2009)

10/13/2009 92 STATUS REPORT - Status Report of Aurora Organic Dairy by Consol

Plaintiff Aurora Dairy Corporation. (Attachments: # 1 Exhibit A)(Mester,

Mark) (Entered: 10/13/2009)

10/13/2009 93 ANSWER/REPLY to 66 Answer/Reply to Counterclaim, - Answer and

Affirmative Defenses of Aurora Dairy Corporation to the Third-Party

Counterclaim of General Fire & Casualty Company by Aurora Dairy

Corporation.(Mester, Mark) (Entered: 10/13/2009)

10/13/2009 94 COURTROOM MINUTES - Minute Entry for proceedings held before

Magistrate Judge Craig B. Shaffer: Status Conference held on 10/13/2009.

ORDERED: The jury trial set for January 25, 2010 is VACATED. The Final

Pretrial Conference set for December 2, 2009 is VACATED. Discovery will

remain stayed. ORDERED: The parties shall submit a Status Report on or

before OCTOBER 27, 2009. The status report shall state each parties' position

as to which of the following three options is most preferable: Option 1 -

administratively close the case subject to be reopened upon a showing of good

cause; Option 2 - stay all proceedings, including discovery and all motions;

Option 3 - continue stay of discovery and allow any parties to file dispositive

motions. The parties shall state the reasons for choosing their preferred option.

The court will review the Status Reports and will set this matter for a Status

Conference. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR -


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Linda Kahoe) (cbscd) (Entered: 10/14/2009)

10/27/2009 95 Unopposed MOTION for Extension of Time to File Response/Reply as to 91

MOTION to Dismiss Party - Aurora Dairy Corporation's Unopposed Motion

for an Extension of Time in Which to Respond to the Motion to Dismiss of

American Farmers & Ranchers Mutual Insurance Company by Consol

Plaintiff Aurora Dairy Corporation. (Attachments: # 1 Exhibit List, # 2 Exhibit

A, # 3 Exhibit B, # 4 Exhibit C)(Kiser, Livia) (Entered: 10/27/2009)

10/27/2009 96 STATUS REPORT by Consol Plaintiff Aurora Dairy Corporation. (Mester,

Mark) Modified on 10/28/2009 to delete duplicate text (wjc, ). (Entered:

10/27/2009)

10/27/2009 97 STATUS REPORT by Counter Claimant General Fire & Casualty Company.

(Olsen, Troy) (Entered: 10/27/2009)

10/27/2009 98 STATUS REPORT by Plaintiffs National Surety Corporation, American

Insurance Company. (Woodard, Jacob) (Entered: 10/27/2009)

10/27/2009 99 STATUS REPORT by Consol Defendant Nationwide Agribusiness InsuranceCompany. (Brewer, Brad) (Entered: 10/27/2009)

10/27/2009 100 ORDER granting 95 Aurora Dairy Corporation's Unopposed Motion for an

Extension of Time in which to Respond to the Motion to Dismiss of American

Farmers & Ranchers Mutual Insurance Company. Aurora Dairy Corporation

may respond to the pending motion of American Farmers Mutual [doc. # 91]

on or before November 19, 2009. By Magistrate Judge Craig B. Shaffer on

10/27/2009.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbslc1)

(Entered: 10/27/2009)

10/27/2009 101 STATUS REPORT by Plaintiff ACE American Insurance Corporation,Indemnity Insurance Company of North America. (Gallagher, Garrick)

Modified on 10/28/2009 to delete duplicate text and add filer (wjc, ). (Entered:

10/27/2009)

10/28/2009 102 Docket Annotation re: 101 Status Report. Modified on 10/28/2009 to delete

duplicate text and add filer. Text only entry - no document attached. (wjc, )

(Entered: 10/28/2009)

11/17/2009 103 ORDER ADMINISTRATIVELY CLOSING CASE: This civil action is

administratively closed subject to reopening for good cause, by Magistrate

Judge Craig B. Shaffer on 11/17/2009. (wjc, ) (Entered: 11/17/2009)

02/04/2011 104 MOTION to Reopen Case by Plaintiffs American Insurance Company,

National Surety Corporation. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3

Proposed Order (PDF Only))(Culp, Bethany) (Entered: 02/04/2011)

02/04/2011 105 SEALED DOCUMENT by Plaintiffs American Insurance Company, National

Surety Corporation. (Culp, Bethany) (Entered: 02/04/2011)


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02/04/2011 106 MOTION to Seal by Plaintiffs American Insurance Company, National Surety

Corporation. (Attachments: # 1 Proposed Order (PDF Only))(Culp, Bethany)

(Entered: 02/04/2011)

02/04/2011 107 MOTION to Withdraw as Attorney by S. Kato Crews as Counsel of Recordby

Counter Defendant American Farmers & Ranchers Mutual Insurance

Company. (Crews, Shane) (Entered: 02/04/2011)

02/04/2011 108 Exhibit A in Support of the Affidavit of Daniel N. West in support of104

MOTION to Reopen Case, by Plaintiffs American Insurance Company,

National Surety Corporation. (Public entry for Sealed Document 105 filed

02/04/2011.) Text only entry - no document attached. (wjc, ) (Entered:

02/07/2011)

02/08/2011 109 ORDER TO WITHDRAW COUNSEL. The 107 Motion of S. Kato Crews to

Withdraw as Counsel of Record for American Farmers & Ranchers Mutual

Insurance Company, and Notice of New Firm Affiliation is GRANTED.

Attorney Shane Kato Crews terminated, by Magistrate Judge Craig B. Shaffer

on 02/08/2011.(wjc, ) (Entered: 02/08/2011)

02/08/2011 110 NOTICE of Entry of Appearance by Joel A. Palmer on behalf of Nationwide

Agribusiness Insurance Company (Palmer, Joel) (Entered: 02/08/2011)

02/08/2011 111 MINUTE ORDER Setting Hearing on Motion 104 MOTION to Reopen Case.

ORDERED that a Motion Hearing will take place on 2/14/2011 at 10:45 a.m.

in Courtroom A402. FURTHER ORDERED that the parties are directed to

D.C.ColoL.CivR. 7.1 C for the deadline(s) relating to the filing of the response

and reply brief(s), by Magistrate Judge Craig B. Shaffer on 2/8/11. TEXT

ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec) (Entered:

02/08/2011)

02/08/2011 112 AMENDED MINUTE ORDER Setting Hearing on Motion 104 MOTION to

Reopen Case. ORDERED that a Motion Hearing will take place on 3/14/2011

at 10:45 a.m. in Courtroom A402. FURTHER ORDERED that the parties are

directed to D.C.ColoL.CivR. 7.1 C for the deadline(s) relating to the filing of

the response and reply brief(s), by Magistrate Judge Craig B. Shaffer on

2/8/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec)

(Entered: 02/08/2011)

02/10/2011 113 NOTICENotice of Appearance by Plaintiffs American Insurance Company,

National Surety Corporation (West, Daniel) (Entered: 02/10/2011)

02/11/2011 114 MOTION to Withdraw as AttorneyJacob S. Woodardby Plaintiffs American

Insurance Company, National Surety Corporation. (Attachments: # 1 Proposed

Order (PDF Only))(West, Daniel) (Entered: 02/11/2011)

02/11/2011 115 MOTION to Withdraw as AttorneyJacob S. Woodardby Plaintiffs American

Insurance Company, National Surety Corporation. (Attachments: # 1 Proposed

Order (PDF Only))(West, Daniel) (Entered: 02/11/2011)


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02/11/2011 116 Docket Annotation re: 114 MOTION to Withdraw as Attorney Jacob S.

Woodard, 115 MOTION to Withdraw as Attorney Jacob S. Woodard. Counsel

informs Court document 114 Motion to Withdraw is a duplicate filing of

document 115 Motion to Withdraw. Document 115 Motion to Withdraw

contains an s/signature of counsel. TEXT ONLY ENTRY - NO DOCUMENT

ATTACHED. (wjc, ) (Entered: 02/11/2011)

02/11/2011 117 ORDER granting 115 Motion to Withdraw Appearance of Jacob S. Woodard.

Attorney Jacob S. Woodard terminated, by Magistrate Judge Craig B. Shaffer

on 02/11/2011.(wjc, ) (Entered: 02/11/2011)

02/11/2011 118 ORDER TO SEAL granting 106 Plaintiffs/Counter Defendants National Surety

Corporation's and the American Insurance Company's Motion to Seal. Doc. #

105 shall remain sealed until further order of the court, by Magistrate Judge

Craig B. Shaffer on 2/11/2011.(wjc, ) (Entered: 02/11/2011)

02/11/2011 120 ORDER TO WITHDRAW COUNSEL. The Motion by Brett N. Huff to

Withdraw as Counsel of Record for Nationwide Agribusiness Insurance

Company (Doc. # 18 in 09-cv-00346-CBS-BNB) is GRANTED. AttorneyBrett N. Huff is withdrawn as counsel of record in this civil action. The Clerk

of Court is instructed to terminate electronic notification and to remove

attorney Brett N. Huff from the Notice of electronic Mailing, by Magistrate


02/14/2011 119 Docket Annotation re: 104 MOTION to Reopen Case, 105 Sealed Document,

106 MOTION to Seal, 107 MOTION to Withdraw as Attorney by S. Kato

Crews as Counsel of Record, 108 Exhibits, 109 Order on Motion to Withdraw

as Attorney, 110 Notice of Entry of Appearance, 111 Order Setting Hearing on

Motion, 112 Order Setting Hearing on Motion, 113 Notice (Other), 114

MOTION to Withdraw as Attorney Jacob S. Woodard, 115 MOTION toWithdraw as Attorney Jacob S. Woodard, 116 Docket Annotation, 117 Order

on Motion to Withdraw as Attorney, 118 Order on Motion to Seal. The NEFs

for these documents to Jacob S. Woodard were returned as undeliverable. A

Motion to Withdraw Appearance of Jacob S. Woodard was granted on

02/11/2011. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED. (wjc, )

(Entered: 02/14/2011)

02/25/2011 121 RESPONSE to 104 MOTION to Reopen Case filed by Consol Defendant

Nationwide Agribusiness Insurance Company. (Palmer, Joel) (Entered:

02/25/2011)

02/25/2011 122 RESPONSE to 104 MOTION to Reopen Case - Response of Aurora Dairy

Corporation to the Motion to Reopen of Plaintiffs/Counter-Defendants

National Surety Corporation and the American Insurance Company filed by

Defendant Aurora Organic Dairy Corporation. (Attachments: # 1 Exhibit List,

# 2 Exhibit A-Correspondence from S. Shkolnick to D. Getman, February 9,

2011, # 3 Exhibit B-Correspondence from NSC and AIC to D. Getman,


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January 14, 2008, # 4 Exhibit C-Correspondence from IICNA and ACE to D.

Getman, January 28, 2008, # 5 Exhibit D-Complaint (without exhibits),

Mothershead v. Aurora Dairy Corporation,, # 6 Exhibit E-In re Aurora Dairy

Corp., 2009 WL 1576928 (E.D. Mo. 2009), # 7 Exhibit F-Courtroom Minute

Sheet, In re Aurora Dairy Corp. Organic Milk Marketing and Sales, # 8 Exhibit

G-Amended Master Complaint, In re Aurora Dairy Corp. Organic Milk

Marketing, # 9 Exhibit H-Docket Text Order, In re Aurora Dairy Corp. OrganicMilk Marketing and Sales, # 10 Exhibit I-Docket Text Order, In re Aurora

Dairy Corp. Organic Milk Marketing and Sales, # 11 Exhibit J-Notice of

Appointment of Neutral, In re Aurora Dairy Corp. Organic Milk, # 12 Exhibit

K-Auroras First Set of Document Request)(Mester, Mark) (Entered:

02/25/2011)

02/25/2011 123 RESPONSE to 104 MOTION to Reopen Case filed by Plaintiffs ACE

American Insurance Corporation, Indemnity Insurance Company of North

America, Counter Defendants ACE American Insurance Corporation,

Indemnity Insurance Company of North America. (Verdier, Debora) (Entered:

02/25/2011)

02/28/2011 124 RESPONSE to 104 MOTION to Reopen Case filed by Counter Defendant

American Farmers & Ranchers Mutual Insurance Company. (Olsen, Troy)

(Entered: 02/28/2011)

03/03/2011 125 MINUTE ORDER re: 104 Plaintiffs/Counter-Defendants National Security

Corporation's and The American Insurance Company's Motion to Reopen.

Motion Hearing reset for 4/8/2011 at 10:00 AM in Courtroom A 402 before

Magistrate Judge Craig B. Shaffer, by Magistrate Judge Craig B. Shaffer on

3/3/11. (mnf, ) (Entered: 03/03/2011)

03/11/2011 126 REPLY to Response to 104 MOTION to Reopen Case filed by PlaintiffsAmerican Insurance Company, National Surety Corporation. (West, Daniel)

(Entered: 03/11/2011)

04/08/2011 127 Minute Entry/Minute Order for proceedings held before Magistrate Judge

Craig B. Shaffer: Motion Hearing held on 4/8/2011. The 104

Plaintiffs/Counter-Defendants National Surety Corporation's and the American

Insurance Company's Motion to Reopen is granted and the case is Reopened.

Scheduling Conference set for 5/19/2011 at 01:30 PM before Magistrate Judge

Craig B. Shaffer. (FTR: Linda Kahoe) (lsw, ) (Entered: 04/08/2011)

05/16/2011 128 ORDER Resetting Scheduling Conference for 5/23/2011 at 08:30 AM in

Courtroom A 402 before Magistrate Judge Craig B. Shaffer, by Magistrate


05/19/2011 129 Joint STATUS REPORT and Request to Hold Status Conference in Lieu of

Scheduling Conference by Consol Plaintiff Aurora Dairy Corporation. (Mester,

Mark) (Entered: 05/19/2011)


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05/19/2011 130 MINUTE ORDER. The Scheduling Conference set for 05/23/2011 at 8:30 AM

is CONVERTED to a Status Conference set for 5/23/2011 08:30 AM in

Courtroom A 402 before Magistrate Judge Craig B. Shaffer, by Magistrate


05/23/2011 131 COURTROOM MINUTES/MINUTE ORDER for proceedings held before

Magistrate Judge Craig B. Shaffer: A Status Conference was held on

5/23/2011. ORDERED: Scheduling Conference is set for 6/15/2011 at 09:00

AM before Magistrate Judge Craig B. Shaffer. A Proposed Scheduling Order is

due by 6/13/2011. By Magistrate Judge Craig B. Shaffer. (FTR: Linda Kahoe)

(cbscd) (Entered: 05/23/2011)

06/03/2011 132 TRANSCRIPT of Status Conference held on 05/23/2011 before Magistrate

Judge Shaffer. Pages: 1-9.

NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar

days of this filing, each party shall inform the Court, by filing a Notice of

Intent to Redact, of the party's intent to redact personal identifiers from

the electronic transcript of the court proceeding. If a Notice of Intent to

Redact is not filed within the allotted time, this transcript will be made

electronically available after 90 days. Please see the Notice of Electronic

Availability of Transcripts document at www.cod.uscourts.gov.

Transcript may only be viewed at the court public terminal or purchased

through the Court Reporter/Transcriber prior to the 90 day deadline for

electronic posting on PACER. Release of Transcript Restriction set for

9/6/2011. (Avery Woods Reporting, ) (Entered: 06/03/2011)

06/14/2011 133 STIPULATION of Dismissal of Case Without Prejudice by Consol Plaintiff

Aurora Dairy Corporation. (Kiser, Livia) (Entered: 06/14/2011)

06/15/2011 134 TRANSCRIPT of Motion Hearing held on 04/08/2011 before Magistrate JudgeShaffer. Pages: 1-11.

NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar

days of this filing, each party shall inform the Court, by filing a Notice of

Intent to Redact, of the party's intent to redact personal identifiers from

the electronic transcript of the court proceeding. If a Notice of Intent to

Redact is not filed within the allotted time, this transcript will be made

electronically available after 90 days. Please see the Notice of Electronic

Availability of Transcripts document at www.cod.uscourts.gov.

Transcript may only be viewed at the court public terminal or purchased

through the Court Reporter/Transcriber prior to the 90 day deadline for

electronic posting on PACER. Release of Transcript Restriction set for

9/16/2011. (Avery Woods Reporting, ) (Entered: 06/15/2011)

06/17/2011 135 MINUTE ORDER re: 133 Joint Stipulation of Voluntary Dismissal. In light of

the parties' request that the court retain jurisdiction over these cases for

forty-five (45) days for the parties to create a formal, written agreement and

then request dismissal with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(B),


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ace american insurance corporation et al v. aurora docket

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