Free Letter Transmitting Notice of Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod Case 1:00-cv-02098-REB-MJW

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APPEAL, NDISPO, REOPEN, TERMED

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:00-cv-02098-REB-MJW

Fincher v. Prudential Property Assigned to: Judge Robert E. Blackburn Referred to: Magistrate Judge Michael J. Watanabe Demand: $0 Case in other court: USCA, 08-01109 02-01280 El Paso Dist Ct, 00CV 2362 Div 9 Cause: 28:1332 Diversity-Insurance Contract Plaintiff Kelly Fincher by her natural father and next friend next friend James Fincher

Date Filed: 10/23/2000 Date Terminated: 03/31/2008 Jury Demand: Both Nature of Suit: 110 Insurance Jurisdiction: Diversity

represented by L. Daniel Rector Franklin D. Azar & Associates, PCColorado Springs 5536 Library Lane Colorado Springs, CO 80918 719-527-8000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Leif Garrison Carey Law Firm, The 2301 East Pikes Peak Avenue Colorado Springs, CO 80909 719-635-0377 Fax: 719-635-2920 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Bruce Carey Carey Law Firm, The 2301 East Pikes Peak Avenue Colorado Springs, CO 80909 719-635-0377 Fax: 719-635-2920 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Megan Elizabeth Waples Carey Law Firm, The 2301 East Pikes Peak Avenue Colorado Springs, CO 80909 719-635-0377 Fax: 719-635-2920 Email: [email protected] ATTORNEY TO BE NOTICED V. Defendant Prudential Property and Casualty Insurance Company a New Jersey Corporation represented by Bruce C. Oetter Bryan Cave, LLP-St. Louis 211 North Broadway #3600 St. Louis, MO 63102-2750 314-259-2336 Fax: 314-259-2020 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Clifton J. Latiolais, Jr. Campbell, Latiolais & Ruebel, P.C. 825 Logan Street Denver, CO 80203-3114 303-861-7760 Fax: 303-861-7767 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Nathan L. Garroway Bryan Cave, LLP-St. Louis 211 North Broadway #3600 St. Louis, MO 63102-2750 314-259-2733 Fax: 259-2020 Email: [email protected] TERMINATED: 02/01/2006 LEAD ATTORNEY

Date Filed 10/23/2000

# 1

Docket Text NOTICE OF REMOVAL from El Paso County District Court Case Number: 00 CV 2362, Div. 9 (former empl) (Entered: 10/24/2000)

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10/23/2000 10/23/2000 10/23/2000 10/25/2000 10/30/2000 10/30/2000 3 4 5 2

AMENDED Class Action COMPLAINT by plaintiff; jury demand (former empl) Modified on 10/24/2000 (Entered: 10/24/2000) Certificate of Compliance by defendant re: removal complaint [1-1] (former empl) (Entered: 10/24/2000) FILING FEE PAID: on 10/23/00 in the amount of $ 150, receipt # 220604. (former empl) (Entered: 10/24/2000) Certificate of Compliance by defendant Prudential Property regarding Local Rule 72.6 (lam) (Entered: 10/30/2000) ANSWER by defendant Prudential Property to amended class action complaint [0-1] (former empl) (Entered: 10/31/2000) Amended Certificate of Compliance with Local Rule 81.2 by defendant Prudential Property re: removal complaint [1-1] attached as Exhibit A is copy of original complaint from El Paso County, Colorado (former empl) (Entered: 10/31/2000) ORDER R16 stat stlmt pt pto Case referred to Magistrate Judge Michael J. Watanabe by Chief Judge Lewis T. Babcock (cc: to counsel) (former empl) (Entered: 11/02/2000) ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Michael J. Watanabe ; Rule 16 conference set for 8:30 1/8/01 (cc: all counsel) (former empl) (Entered: 11/06/2000) 2nd Amended Certificate of Compliance by defendant re: certificate [51], re: removal complaint [1-1] (gms) (Entered: 11/20/2000) COURTROOM MINUTES by Magistrate Judge Michael J. Watanabe ; rule 16 conf held on 1/8/01 ; discovery ddl set 7/9/01 ; disp mtn ddl set 8/10/01 ; settlement conf set for 10:30 6/11/01 ; pretrial conf set for 8:30 10/12/01 ; jury trial set for 6/10/02 ; Trial prep conference set for 8:00 5/14/02 ; entry date : 1/12/01 Court Reporter: MJW Civil Tape 2001-1 (gms) (Entered: 01/12/2001) SCHEDULING ORDER Magistrate Judge Michael J. Watanabe (cc: all counsel) (gms) (Entered: 01/12/2001) MINUTE ORDER : by Magistrate Judge Michael J. Watanabe. Settlement conf set 6/11/01 at 10:30, PTC set Oct, 2001 at 8:30 (cc: all counsel) ; entry date : 1/12/01 (gms) (Entered: 01/12/2001) MINUTE ORDER : by Magistrate Judge Michael J. Watanabe Settlement conf set 6/11/01 at 10:30 and PTC set 10/12/01 at 8:30 (cc: all counsel) ; entry date : 1/12/01 (gms) (Entered: 01/12/2001) MINUTE ORDER : by Chief Judge Lewis T. Babcock ;4 day jury trial set for 6/10/02 ; final trial prep conference set for 8:00 5/14/02 (cc: all counsel) ; entry date : 1/22/01 (lam) (Entered: 01/22/2001) NOTICE OF RELATED PENDING CASES pursuant to Local Rule 7.1 (K) by plaintiff Kelly Fincher (former empl) (Entered: 03/01/2001)

11/01/2000

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11/17/2000 01/08/2001

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02/27/2001

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JOINT MOTION for Forty-five Day Extension of Discovery Deadlines (former empl) (Entered: 06/04/2001) MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Michael J. Watanabe the motion for Forty-five Day Extension of Discovery Deadlines [15-1] (dlb) (Entered: 06/06/2001) MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion for Forty-five Day Extension of Discovery Deadlines [15-1] ; discovery ddl set 8/24/01 ; disp mtn ddl set 9/24/01 ; settlement conf set for 1:30 9/27/01 ; final pretrial conf set for 8:30 12/7/01 (cc: all counsel) ; entry date : 6/7/01 (dlb) (Entered: 06/07/2001) Stipulated MOTION by defendant Prudential Property for protective order Re: Confidentiality (dlb) (Entered: 06/12/2001) MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Michael J. Watanabe the motion for protective order Re: Confidentiality [18-1] (dlb) (Entered: 06/12/2001) MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting motion for protective order Re: Confidentiality [18-1] (cc: all counsel) ; entry date : 6/13/01 (dlb) (Entered: 06/13/2001) PROTECTIVE ORDER by Magistrate Judge Michael J. Watanabe : [181] motion for protective order Re: Confidentiality (cc: all counsel) (dlb) (Entered: 06/13/2001) MOTION by plaintiff Kelly Fincher to compel disclosure or discovery AND extend time to complete discovery (former empl) (Entered: 09/07/2001) MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Michael J. Watanabe the motion to compel disclosure or discovery AND extend time to complete discovery [22-1] (gms) (Entered: 09/07/2001) MINUTE ORDER : by Magistrate Judge Michael J. Watanabe Deft to respond to pla's [22-1] motion to compel disclosure or discovery and extend time to complete discovery by 9/17/01 (cc: all counsel) ; entry date : 9/10/01 (gms) (Entered: 09/10/2001) RESPONSE by defendant Prudential Property to motion to compel disclosure or discovery AND extend time to complete discovery [22-1] (former empl) (Entered: 09/19/2001) MOTION (with authorities) by defendant Prudential Property to dismiss pltf's amended class action complaint for failure to state any claim upon which relief can be granted (former empl) Modified on 09/21/2001 (Entered: 09/21/2001) MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [26-1] motion to dismiss pltf's amended class action complaint for failure to state any claim upon which relief can be granted : pltf repsonse due

06/05/2001

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10/10/01 and dft's reply 10 days after that (cc: all counsel) ; entry date : 9/21/01 (former empl) (Entered: 09/21/2001) 09/21/2001 28 Unopposed MOTION by plaintiff Kelly Fincher for leave to allow client (pltf) to attend 9/27/01 settlment conference by phone (former empl) (Entered: 09/25/2001) MOTION (with authorities) by defendant Prudential Property for summary judgment (former empl) (Entered: 09/26/2001) MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Michael J. Watanabe the motion for leave to allow client (pltf) to attend 9/27/01 settlment conference by phone [28-1] (former empl) (Entered: 09/27/2001) MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting motion for leave to allow client (pltf) to attend 9/27/01 settlment conference by phone [28-1] (cc: all counsel) ; entry date : 9/27/01 (former empl) (Entered: 09/27/2001) Submission of Original AFFIDAVIT of Mary Rowe for attachment to dft's motion for summary judgment [29-1] (former empl) (Entered: 10/01/2001) MEMORANDUM by Magistrate Judge Michael J. Watanabe ; settlement conf held 9/27/01 no settlement (former empl) (Entered: 10/01/2001) MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting in part and denying in part pla's motion to compel disclosure or discovery AND extend time to complete discovery [22-1] ; discovery ddl reset 11/13/01 (cc: all counsel) ; entry date : 10/3/01 (gms) (Entered: 10/03/2001) Unopposed MOTION by plaintiff Kelly Fincher to extend time to 10/15/01 to file response to mtn to dismiss and mtn for sum jgm (lam) (Entered: 11/09/2001) MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion to extend time to 10/15/01 to file response to mtn dismiss and mtn for sum jgm [35-1], regarding [29-1], [26-1] (cc: all counsel) ; entry date : 11/9/01 (lam) (Entered: 11/09/2001) COMBINED RESPONSE by plaintiff Kelly Fincher to motion for summary judgment [29-1] and to motion to dismiss pltf's amended class action complaint for failure to state any claim upon which relief can be granted [26-1] (former empl) (Entered: 10/16/2001) APPENDIX (PART 1 OF 2)filed by plaintiff Kelly Fincher to combined motion response [37-1] (former empl) (Entered: 10/16/2001) APPENDIX (PART 2 OF 2) filed by plaintiff Kelly Fincher to combined motion response [37-1] (former empl) (Entered: 10/16/2001) MOTION by defendant Prudential Property to extend time to 11/5/01 to

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09/27/2001 10/01/2001

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10/15/2001 10/15/2001 10/25/2001

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file reply brief (dlb) (Entered: 10/25/2001) 10/25/2001 41 MINUTE ORDER : by Chief Judge Lewis T. Babcock granting dft's unopposed motion to extend time to 11/5/01 to file reply brief [40-1], regarding Dft's [29-1] motion for summary judgment, reply brief due by 11/5/01 (cc: all counsel) ; entry date : 10/29/01 (dlb) (Entered: 10/29/2001) Second Unopposed MOTION by defendant Prudential Property for extension to file reply briefs up to and including 11/15/01 (pap) (Entered: 11/05/2001) MINUTE ORDER : by Chief Judge Lewis T. Babcock granting dft's 2nd motion for extension to file reply briefs up to and including 11/15/01 [421], regarding [29-1] motion for summary judgment, regarding [26-1] motion to dismiss pltf's amended class action complaint for failure to state any claim upon which relief can be granted (cc: all counsel) ; entry date : 11/7/01 (gms) (Entered: 11/07/2001) REPLY Brief by defendant Prudential Property to pla's response to dft's motion to dismiss pltf's amended class action complaint for failure to state any claim upon which relief can be granted [26-1] (dlb) (Entered: 11/16/2001) Reply BRIEF FILED by defendant Prudential Property motion reply [441] to dft's motion to dismiss pltf's amended class action complaint for failure to state any claim upon which relief can be granted [26-1] (dlb) (Entered: 11/16/2001) Unopposed MOTION by plaintiff Kelly Fincher to supplement the statemment of facts to her motion response [37-1] (former empl) (Entered: 12/03/2001) Tendered Supplementation to Statement of Facts regarding his response to motion to dismiss submitted by plaintiff Kelly Fincher re: motion to supplement the statemment of facts to her motion response [37-1] [46-1] (former empl) (Entered: 12/03/2001) 47 MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [0-0] document tendered accepting it for filing after granting motion to supplement the statemment of facts to her motion response [37-1] [46-1] (cc: all counsel) ; entry date : 12/3/01 (former empl) (Entered: 12/03/2001) SUPPLEMENTTATION to Statement of Facts by plaintiff Kelly Fincher to his motion response [37-1] (former empl) (Entered: 12/03/2001) MOTION (with authorities) filed by plaintiff Kelly Fincher to certify class action (former empl) (Entered: 12/05/2001) MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [49-1] motion to certify class action: dfts response due by 1/4/02 with pltf having 20 days to reply (cc: all counsel) ; entry date : 12/10/01 (former empl) (Entered: 12/10/2001)

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12/07/2001

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COURTROOM MINUTES of "Final Pretrial Conference" by Magistrate Judge Michael J. Watanabe regarding [10-1] schedule order ; discovery ddl set 4/30/02 to complete expert discovery as outlined; pretrial conf and vacated and reset for 9:00 5/10/02 Order: court imposes sanction of attorney fees and costs against pltfs for today's hearing; parties are to meet and confer and if they cannot agree dfts have to 12/17/01 to file an itemized affidavit of fees and costs and p[ltfs have to 12/28/01 to respond ; entry date : 12/10/01 Court Reporter: MJW Civil Tape 2001-97 (former empl) Modified on 12/10/2001 (Entered: 12/10/2001) MINUTE ORDER : by Magistrate Judge Michael J. Watanabe regarding [51-2] minutes the pretrial conference held 12/7/01, it is Ordered that the 12/7/01 pretrial conference is vacated and regarding [10-1] schedule order ; pto ddl reset for 5/6/02 ; pretrial conf set for 9:00 5/10/02 (cc: all counsel) ; entry date : 12/11/01 (former empl) (Entered: 12/11/2001) MOTION by defendant Prudential Property to strike pla's motion to certify class action [49-1] , or to stay pla's mtn to certify class and for forthwith hearing (dlb) (Entered: 12/11/2001) MINUTE ORDER : by Chief Judge Lewis T. Babcock pltf's response is due 12/31/01 regarding [53-1] motion to strike pla's motion to certify class action [49-1], regarding [53-2] motion to stay pla's mtn to certify class and for forthwith hearing (cc: all counsel) ; entry date : 12/12/01 (former empl) (Entered: 12/12/2001) NOTICE of Related Colorado Supreme Court Decision by defendant Prudential Property re: motion to dismiss pltf's amended class action complaint for failure to state any claim upon which relief can be granted [26-1] (dlb) (Entered: 12/20/2001) Unopposed MOTION by defendant Prudential Property to respond to pltf's motion for class certification (to extend time to 1/31/02 to respond) (former empl) (Entered: 12/24/2001) MINUTE ORDER : by Chief Judge Lewis T. Babcock granting to and including 1/31/02, dft's motion to respond to pltf's motion for class certification (to extend time to 1/31/02 to respond) [56-1] (cc: all counsel) ; entry date : 12/24/01 (former empl) (Entered: 12/24/2001) Unopposed MOTION by plaintiff Kelly Fincher to extend time to file response to motion to strike pltf's motion for class certification to 7/7/02 (former empl) (Entered: 12/27/2001) MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion to extend time to file response to motion to strike pltf's motion for class certification to 7/7/02 [58-1], regarding [53-1] motion to strike pla's motion to certify class action [49-1], regarding [53-2] motion to stay pla's mtn to certify class and for forthwith hearing to 1/7/02 (cc: all counsel) ; entry date : 12/28/01 (dlb) (Entered: 12/28/2001) RESPONSE by plaintiff Kelly Fincher to motion to strike pla's motion to certify class action [49-1] [53-1], motion to stay pla's mtn to certify class

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and for forthwith hearing [53-2] (former empl) (Entered: 01/08/2002) 01/08/2002 61 MINUTE ORDER : by Chief Judge Lewis T. Babcock re: dft's motion to strike pla's motion to certify class action [49-1] [53-1] and to stay pla's mtn to certify class and for forthwith hearing [53-2], dft has to 1/23/02 to reply to pla's resp and a hrg w/be held at 2:00 3/1/02 (cc: all counsel) ; entry date : 1/9/02 (dlb) (Entered: 01/09/2002) REQUEST by defendant Prudential Property for expedited ruling on requested stay of briefing (former empl) (Entered: 01/18/2002) MINUTE ORDER : by Chief Judge Lewis T. Babcock granting request [62-1], regarding [53-2] motion to stay pla's mtn to certify class and for forthwith hearing: to set dft's response date for 30 days aftwer ruling on the motion to strike or stay (cc: all counsel) entry date : 1/18/02 (former empl) (Entered: 01/18/2002) Unopposed MOTION by defendant for One Day Extension to File Brief (former empl) (Entered: 01/24/2002) REPLY BRIEF by defendant Prudential Property to response to motion to strike pla's motion to certify class action [49-1] [53-1] (former empl) (Entered: 01/25/2002) MINUTE ORDER : by Chief Judge Lewis T. Babcock [65-1] motion reply was docketed as filed on 1/24/02 and docketed prior to the entry of this Minute Order which granted motion for One Day Extension to File Brief [64-1], regarding [53-1] motion to strike pla's motion to certify class action [49-1] (cc: all counsel) ; entry date : 1/25/02 (former empl) (Entered: 01/25/2002) Submission of SUPPLEMENTAL Authority by plaintiff Kelly Fincher (response to motion for summary judgment [29-1], to motion to dismiss pltf's amended class action complaint for failure to state any claim upon which relief can be granted [26-1]) (former empl) (Entered: 02/11/2002) Joint MOTION by plaintiff, defendant to extend expert discovery by 30 days (former empl) (Entered: 02/27/2002) MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Michael J. Watanabe the motion to extend expert discovery by 30 days [68-1] (former empl) (Entered: 03/01/2002) COURTROOM MINUTES by Chief Judge Lewis T. Babcock motion to strike pla's motion to certify class action [49-1] [53-1] ; motion hearing held at 2:00 3/1/02, motion to stay pla's mtn to certify class and for forthwith hearing [53-2] ; court's comments prior to motion hearing held at 2:00 3/1/02, that hearing was not held as Judge recused himself recusing Chief Judge Babcock ; entry date 3/1/02 Court Reporter: Gwen Daniel (former empl) (Entered: 03/01/2002) MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting motion to extend expert discovery by 30 days [68-1] up to and including 5/1/02 to cmoplete depositions of the expert witnesses, regarding [10-1]

01/16/2002 01/17/2002

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01/23/2002 01/24/2002

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01/24/2002

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02/27/2002 02/28/2002

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03/01/2002

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schedule order (cc: all counsel) ; entry date : 3/1/02 (former empl) (Entered: 03/01/2002) 03/07/2002 72 MINUTE ORDER : by Chief Judge Lewis T. Babcock Case reassigned to Judge Robert E. Blackburn (cc: all counsel) ; entry date : 3/8/02 (former empl) (Entered: 03/08/2002) Stipulated MOTION by plaintiff Kelly Fincher, defendant Prudential Property for protective order re: neuropsychological testing raw data/scores (lam) (Entered: 03/27/2002) MEMORANDUM by Judge Robert E. Blackburn Chambers referring to Magistrate Judge Michael J. Watanabe the motion for protective order re: neuropsychological testing raw data/scores [73-1] (lam) (Entered: 03/27/2002) Stipulated MOTION by plaintiff, defendant to extend time to 4/15/02 for discovery (dlb) (Entered: 03/28/2002) MEMORANDUM by Judge Robert E. Blackburn referring to Magistrate Judge Michael J. Watanabe the motion to extend time to 4/15/02 for discovery [75-1] (dlb) (Entered: 03/28/2002) MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting motion for protective order re: neuropsychological testing raw data/scores [73-1] (cc: all counsel) ; entry date : 3/29/02 (dlb) (Entered: 03/29/2002) PROTECTIVE ORDER Re: Neuropsychological Testing Data/Scores by Magistrate Judge Michael J. Watanabe : regarding [77-1] minute order, regarding [73-1] motion for protective order re: neuropsychological testing raw data/scores (cc: all counsel) (dlb) (Entered: 03/29/2002) MINUTE ORDER : by Judge Robert E. Blackburn ; final trial prep conference reset for 9:00 on 5/14/02 (cc: all counsel) ; entry date : 4/1/02 (lam) (Entered: 04/01/2002) MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting motion to extend time to 4/15/02 for discovery [75-1] ; discovery ddl set 4/15/02 (cc: all counsel) ; entry date : 4/2/02 (dlb) (Entered: 04/02/2002) Unopposed MOTION by plaintiff Kelly Fincher to reset final pretrial conf set for 5/14/02 (dlb) (Entered: 04/03/2002) MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting motion to reset final pretrial conf set for 5/14/02 [81-1] ; pto ddl set for 5/9/02 ; pretrial conf set for 8:00 5/14/02 (cc: all counsel) ; entry date : 4/4/02 (dlb) (Entered: 04/04/2002) MEMORANDUM by Judge Robert E. Blackburn referring to Magistrate Judge Michael J. Watanabe the motion to reset final pretrial conf set for 5/14/02 [81-1] (dlb) (Entered: 04/04/2002) Stipulated MOTION by defendant Prudential Property to extend expert

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disc to 5/1/02 , pla will then need until 6/1/02 to complete expert depos & rebuttal reports (lam) (Entered: 04/16/2002) 04/16/2002 85 MEMORANDUM by Chambers referring to Magistrate Judge Michael J. Watanabe the motion to extend expert disc to 5/1/02 [84-1] (lam) (Entered: 04/17/2002) MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting stipulated motion to extend expert disc [84-1] ; expert discovery ddl extended to 6/1/02 (cc: all counsel) ; entry date : 4/19/02 (lam) Modified on 04/19/2002 (Entered: 04/19/2002) Trial Prep Conf ORDER by Judge Robert E. Blackburn ; 4 day jury trial set for 10:30 6/10/02 ; trial prep conference set for 9:00 5/14/02 (cc: all counsel) ; entry date : 4/29/02 (lam) (Entered: 04/29/2002) Amended Final PRE-TRIAL ORDER by Magistrate Judge Michael J. Watanabe; remaining discovery; pending motions (cc: all counsel) (pap) (Entered: 05/15/2002) COURTROOM MINUTES by Judge Robert E. Blackburn ; Trial prep conference 5/14/02 vacated; jury trial 6/10/02 vacated ; court will rule on the dispositive motions on or before 5/31/02; trial prep conf and trial will be reset after ruling on dispositive motions ; entry date : 5/15/02 Court Reporter: Suzanne Claar (pap) (Entered: 05/15/2002) COURTROOM MINUTES by Magistrate Judge Michael J. Watanabe final pretrial conf held 5/14/02 ; amended pretrial order approved ; entry date : 5/16/02 Court Reporter: MJW Civil Tape 2002-2 CH (pap) (Entered: 05/16/2002) ORDER by Judge Robert E. Blackburn: granting Prudential's motion for summary judgment [29-1]; that this case is dismissed w/prejudice; that any other pending motions, including pla's motion to certify class action [49-1] [53-1] are denied as moot; and dft is awarded its costs (cc: all counsel) ; entry date : 6/10/02 (lam) (Entered: 06/10/2002) JUDGMENT: by Clerk James R. Manspeaker pursuant to order [91-1] that Prudential's motion for sum jgm is granted; that judgment is entered in favor of dft, Prudential Property and Casualty Inc Co and against plas, Kelly Fincher and James Fincher; dismissing case and cmp, that dft shall have costs (cc: all counsel) ; entry date : 6/10/02 (lam) (Entered: 06/10/2002) NOTICE OF APPEAL by plaintiff of 6/10/02 judgment [92-2] ; Notice of transcript order form due 6/27/02 ; Notice mailed to all counsel on 6/18/02 (former empl) (Entered: 06/18/2002) $100.00 fee and $5.00 fee paid. Receipt No 235583. RE: appeal [93-1] (former empl) (Entered: 06/18/2002) 94 Unopposed MOTION by defendant Prudential Property to extend time to 6/27/02 to file bill of costs (lam) (Entered: 06/21/2002)

04/18/2002

86

04/29/2002

87

05/14/2002

88

05/14/2002

89

05/14/2002

90

06/10/2002

91

06/10/2002

92

06/17/2002

93

06/17/2002 06/20/2002

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4/30/2008

CM/ECF - U.S. District Court:cod Case 1:00-cv-02098-REB-MJW

Document 302-2

Filed 04/30/2008

Page 11 of 31 Page 11 of 31

06/21/2002

96

MINUTE ORDER : by Judge Robert E. Blackburn granting Dfts Unopposed motion to extend time to 6/27/02 to file bill of costs [94-1] Dft shall have up to and incl 6/24/02 in which to submit an Appropriate Bill of Costs (cc: all counsel) ; entry date : 6/24/02 (erv) (Entered: 06/24/2002) NOTIFICATION by Circuit Court of assignment of Case No. [93-1] 021280 (former empl) (Entered: 06/24/2002) STIPULATION re: awardable costs by plaintiff Kelly Fincher, defendant Prudential Property (lam) (Entered: 06/26/2002) Bill of COSTS taxed judgment [92-2] for defendant Prudential Property in the amount of $ 7,000 against plaintiff Kelly Fincher (cc: all counsel) (erv) (Entered: 06/25/2002) NOTICE OF TRANSCRIPT ORDER FORM filed by plaintiff ; transcript not necessary for appeal [93-1] (former empl) (Entered: 07/01/2002) LETTER to USCA and cnsl to advise that the Record on Appeal is complete (Re: [93-1] ) (former empl) (Entered: 07/01/2002) MANDATE from the Court of Appeals; CA # 02-1280; Dt issued 11/4/03; ORDER AND JUDGMENT filed 10/1/03 reversing and remanding for further proceedings the decision of the District Court [Appeal [93-1] (msn) (Entered: 11/06/2003) MOTION by plaintiff Kelly Fincher to amend caption re: complaint [0-1] (dlb) (Entered: 11/24/2003) MINUTE ORDER : by Judge Robert E. Blackburn granting pla's motion to amend caption re: complaint [0-1] [102-1] regarding [0-1] complaint (cc: all counsel) ; entry date : 11/26/03 (dlb) (Entered: 11/26/2003) Joint Request (MOTION) by plaintiff Kelly Fincher, defendant Prudential Property for case status/scheduling conf (hearing) (dlb) (Entered: 01/30/2004) Case Management ORDER and Order Setting Telephone Setting Conference by Judge Phillip S. Figa for Robert E. Blackburn; granting motion for case status/scheduling conf (hearing) [104-1] tele setting conf set for 10:00 6/28/04 (cc: all counsel) ; entry date : 6/16/04 (dlb) (Entered: 06/16/2004) Trial Preparation Conference ORDER by Judge Robert E. Blackburn five (5) day jury trial set for 10:30 3/28/05 ; Trial prep conference set for 9:00 3/25/05 (cc: all counsel) ; entry date : 6/29/04 (dlb) Modified on 07/01/2004 (Entered: 06/29/2004) MOTION for Partial Summary Judgment and to dismiss, dismissing pla's wage loss claim, pla's CCPA claim and limiting scope of reformation of the Bekeshka policy by Defendant Prudential Property and Casualty Insurance Company. (dlb, ) (Entered: 11/01/2004)

06/24/2002 06/24/2002 06/25/2002

95 98 97

07/01/2002

99

07/01/2002 11/05/2003

100 101

11/21/2003 11/25/2003

102 103

01/29/2004

104

06/15/2004

105

06/28/2004

106

10/28/2004

107

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CM/ECF - U.S. District Court:cod Case 1:00-cv-02098-REB-MJW

Document 302-2

Filed 04/30/2008

Page 12 of 31 Page 12 of 31

10/28/2004

108

EXHIBIT D and E to dft's mtn for partial summary judgment and to dismiss by Prudential Property and Casualty Insurance Company. *filed under seal, located in sealed area(dlb, ) (Entered: 11/01/2004) MOTION to Seal Exhibit D & E to dft's mtn for partial sum jgm or to dismiss by Defendant Prudential Property and Casualty Insurance Company. (dlb, ) (Entered: 11/01/2004) ORDER granting 109 Motion to Seal file 10/28/04 by Judge Robert E. Blackburn on 11/5/04. (dlb, ) (Entered: 11/08/2004) Unopposed MOTION for Extension of Time to File Response to 12/1/04 re: 107 MOTION to Dismiss MOTION for Partial Summary Judgment by Plaintiff Kelly Fincher. (dlb, ) (Entered: 11/18/2004) ORDER granting 111 Motion for Extension of Time to File Response to 12/1/04 re 107 MOTION for Summary Judgment and to dismiss, dismissing pla's wage loss claim, pla's CCPA claim and limiting scope of reformation of the Bekeshka policy by Defendant Prudential Property and Casualty Insurance Company. Signed by Judge Robert E. Blackburn on 11/16/04. (dlb, ) (Entered: 11/19/2004) Second Unopposed MOTION for Extension of Time to File Response to 12/2/04 107 MOTION for Partial Summary Judgment and to dismiss, dismissing pla's wage loss claim, pla's CCPA claim and limiting scope of reformation of the Bekeshka policy by Defendant Prudential Property and Casualty Insurance Company by Plaintiff Kelly Fincher. (dlb, ) (Entered: 12/02/2004) Pla's RESPONSE to 107 MOTION for Partial Summary Judgment and to dismiss, dismissing pla's wage loss claim, pla's CCPA claim and limiting scope of reformation of the Bekeshka policy by Defendant Prudential Property and Casualty Insurance Company filed by Plaintiff Kelly Fincher and request for oral argument. (dlb, ) (Entered: 12/03/2004) EXHIBITS to Pla's response to dft' mtn for summary judgment *filed under seal, located in sealed area.(dlb, ) (Entered: 12/03/2004) MOTION to Seal exhibits to pla's resp to dft's mtn for partial sum jgm by Plaintiff Kelly Fincher. (dlb, ) (Entered: 12/03/2004) ORDER granting 113 Second Unopposed MOTION for Extension of Time to File Response to 12/2/04 107 MOTION for Partial Summary Judgment and to dismiss, dismissing pla's wage loss claim, pla's CCPA claim and limiting scope of reformation of the Bekeshka policy by Defendant Prudential Property and Casualty Insurance Company by Plaintiff Kelly Fincher. Signed by Judge Robert E. Blackburn on 12/2/04. (dlb, ) (Entered: 12/03/2004) MINUTE ORDER granting 116 MOTION to Seal exhibits to pla's resp to dft's mtn for partial sum jgm by Plaintiff Kelly Fincher by Judge Robert E. Blackburn on 12/8/04. (dlb, ) (Entered: 12/10/2004) Unopposed MOTION for Extension of Time to File reply to 12/23/04 re:

10/28/2004

109

11/05/2004 11/15/2004

110 111

11/16/2004

112

12/01/2004

113

12/02/2004

114

12/02/2004 12/02/2004 12/02/2004

115 116 117

12/08/2004

118

12/17/2004

119

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CM/ECF - U.S. District Court:cod Case 1:00-cv-02098-REB-MJW

Document 302-2

Filed 04/30/2008

Page 13 of 31 Page 13 of 31

107 MOTION for Partial Summary Judgment and to dismiss, dismissing pla's wage loss claim, pla's CCPA claim and limiting scope of reformation of the Bekeshka policy by Defendant Prudential Property and Casualty Insurance Company (dlb, ) (Entered: 12/21/2004) 12/20/2004 120 Minute ORDER denying w/o pejudice dft's Unopposed 119 Motion for 5 day Extension of Time to File Reply Brief, by Judge Robert E. Blackburn on 12/20/04. (gms, ) (Entered: 12/23/2004) Joint MOTION to Clarify the Trial Preparation Conference Order and MOTION for Leave to File a Second Amended Final PTO by Plaintiff Kelly Fincher, Defendant Prudential Property and Casualty Insurance Company. (gms, ) (Entered: 12/23/2004) Amended Unopposed MOTION for Extension of Time to File Reply Brief to 12/23/04 by Defendant Prudential Property and Casualty Insurance Company. (gms, ) (Entered: 12/23/2004) ORDER granting 122 Motion for Extension of Time to File Reply to 12/23/04 107 MOTION to Dismiss MOTION for Partial Summary Judgment . Signed by Judge Robert E. Blackburn on 12/22/04. (dlb, ) (Entered: 12/27/2004) REPLY Memorandum in support of 107 MOTION for Partial Summary Judgment and to dismiss, dismissing pla's wage loss claim, pla's CCPA claim and limiting scope of reformation of the Bekeshka policy by Defendant Prudential Property and Casualty Insurance Company(dlb, ) (Entered: 12/28/2004) NOTICE of Appearance by Nathan L. Garroway, Bruce C. Oetter on behalf of Prudential Property and Casualty Insurance Company (erv, ) (Entered: 01/28/2005) ORDER granting 121 Joint MOTION to Clarify the Trial Preparation Conference Order and MOTION for Leave to File a Second Amended Final PTO by Plaintiff Kelly Fincher, Defendant Prudential Property and Casualty Insurance Company; trial to the court set for 3/28/05. Signed by Judge Robert E. Blackburn on 2/2/05. (dlb, ) (Entered: 02/08/2005) Joint Memorandum (MOTION) to Alter (Extend) expert report deadline by Plaintiff Kelly Fincher, Defendant Prudential Property and Casualty Insurance Company. (dlb, ) (Entered: 02/10/2005) MINUTE ORDER STRIKING Second Amended Pretrial order submitted 2/8/05 by Judge Robert E. Blackburn on 2/9/05. (dlb, ) (Entered: 02/11/2005) MINUTE ORDER granting 127 Joint Memorandum (MOTION) to Alter (Extend) expert report deadline by Plaintiff Kelly Fincher, Defendant Prudential Property and Casualty Insurance Company. Parties have to 2/18/05 to exchange expert reports by Judge Robert E. Blackburn on 2/9/05. (dlb, ) (Entered: 02/11/2005) MINUTE ORDER resetting Bench Trial set for 4/4/2005 08:30 AM in

12/21/2004

121

12/21/2004

122

12/22/2004

123

12/23/2004

124

01/25/2005

125

02/02/2005

126

02/08/2005

127

02/09/2005

128

02/09/2005

129

02/15/2005

130

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CM/ECF - U.S. District Court:cod Case 1:00-cv-02098-REB-MJW

Document 302-2

Filed 04/30/2008

Page 14 of 31 Page 14 of 31

Courtroom A 701 before Judge Robert E. Blackburn. Trial Preparation Conference set for 3/25/2005 at 09:00 AM in Courtroom A 701 before Judge Robert E. Blackburn by Judge Robert E. Blackburn on 2/15/05. (dlb, ) (Entered: 02/17/2005) 02/24/2005 131 ORDER FOR SUBMISSION OF POSITIONS CONCERNING TRIAL SETTING. On or before 3/4/05 each party submit written stmt concerning utility of commencing trial in this case on 4/4/05 before the Tenth Circuit has issued a ruling in Clark; after submission the court shall enter an order that the trial commence as currently schedule, or establishing a procedure to reset the trial. Signed by Judge Robert E. Blackburn on 2/24/05. (dlb, ) (Entered: 02/28/2005) Pla's Submission of Position (STATEMENT) concerning Trial Setting re 131 ORDER FOR SUBMISSION OF POSITIONS CONCERNING TRIAL SETTING. On or before 3/4/05 each party submit written stmt concerning utility of commencing trial in this case on 4/4/05 before the Tenth Circuit has issued a ruling in Clark; after submission the court shall enter an order that the trial commence as currently schedule, or establishing a procedure to reset the trial. Signed by Judge Robert E. Blackburn on 2/24/05(dlb, ) (Entered: 03/03/2005) WRITTEN STATEMENT concerning trial setting by Defendant Prudential Property and Casualty Insurance Company. (dlb, ) (Entered: 03/09/2005) MINUTE ORDER: re: Second Amended Final Pretrial Order submitted on 2/8/05. Trial to the Court/Bench Trial set for 4/4/2005 08:30 AM in Courtroom A 701 before Judge Robert E. Blackburn. Trial Preparation Conference set for 3/25/2005 at 09:00 AM in Courtroom A 701 before Judge Robert E. Blackburn. Signed by Judge Robert E. Blackburn on 3/15/05. (dlb, ) (Entered: 03/16/2005) AMENDED MINUTE ORDER re: 134 Second Amended Final Pretrial Order submitted on 2/8/05. Trial to the Court/Bench Trial set for 4/4/2005 08:30 AM in Courtroom A 701 before Judge Robert E. Blackburn. Trial Preparation Conference set for 3/25/2005 at 09:00 AM in Courtroom A 701 before Judge Robert E. Blackburn. Signed by Judge Robert E. Blackburn on 3/15/05. Signed by Judge Robert E. Blackburn on 3/15/05. (dlb, ) (Entered: 03/16/2005) MINUTE ORDER based upon 133 Pla's Submission of Position (STATEMENT) concerning Trial Setting re 131 ORDER FOR SUBMISSION OF POSITIONS CONCERNING TRIAL SETTING. On or before 3/4/05 each party submit written stmt concerning utility of commencing trial in this case on 4/4/05 before the Tenth Circuit has issued a ruling in Clark; after submission the court shall enter an order that the trial commence as currently schedule, or establishing a procedure to reset the trial and 133 WRITTEN STATEMENT concerning trial setting by Defendant Prudential Property and Casualty Insurance Company the court concludes that the Trial to the Court/Bench Trial set for 4/4/2005 08:30 AM in Courtroom A 701 before Judge Robert E.

03/02/2005

132

03/04/2005

133

03/15/2005

134

03/15/2005

135

03/22/2005

136

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CM/ECF - U.S. District Court:cod Case 1:00-cv-02098-REB-MJW

Document 302-2

Filed 04/30/2008

Page 15 of 31 Page 15 of 31

Blackburn remains scheduled.. Signed by Judge Robert E. Blackburn on 3/22/05. (dlb, ) (Entered: 03/24/2005) 03/23/2005 138 ORDER granting in part and denying in part 107 MOTION for Partial Summary Judgment and to dismiss, dismissing pla's wage loss claim, pla's CCPA claim and limiting scope of reformation of the Bekeshka policy by Defendant Prudential Property and Casualty Insurance Company. The motion is granted as to pla's fifth claim for relief under the CCPA. That pla's claim under CCPA is DISMISSED. That dft's mtn for partial sum jgm and motion to dismiss is otherwise denied. Signed by Judge Robert E. Blackburn on 3/23/05. (dlb, ) (Entered: 03/25/2005) OBJECTIONS to Plaintiffs' Trial Exhibits by Defendant Prudential Property and Casualty Insurance Company. (dlb, ) (Entered: 03/25/2005) OBJECTIONS to Defendant's Trial Exhibits by Plaintiff Kelly Fincher. (dlb, ) (Entered: 03/25/2005) Third Amended Final PRETRIAL ORDER. Trial to the Court on the reformation issues, the estimted length of trial is three days, and the trial shall take place before Judge Robert Blackburn, US District Court, Denver, Colorado, beginning Monday, 4/4/05 . Signed by Judge Robert E. Blackburn on 3/25/05. (dlb, ) (Entered: 03/28/2005) Witness List by Defendant Prudential Property and Casualty Insurance Company. (dlb, ) (Entered: 03/28/2005) Minute Entry for proceedings held before Judge Robert E. Blackburn : Trial Preparation Conference held on 3/25/2005. Trial to the Court scheduled to commence 4/4/05 at 8:30 a.m. for four days. (Court Reporter Suzanne Claar.) (dlb, ) (Entered: 03/30/2005) Proposed Findings of Fact by Prudential Property and Casualty Insurance Company. (gms, ) (Entered: 03/30/2005) TRIAL BRIEF by Defendant Prudential Property and Casualty Insurance Company. (gms, ) (Entered: 03/30/2005) TRIAL BRIEF by Plaintiff Kelly Fincher. (gms, ) (Entered: 03/30/2005) ORDER CONCERNING BURDEN OF PROOF re: 143 Trial Brief filed by Prudential Property and Casualty Insurance Company,, 144 Trial Brief filed by Kelly Fincher. Signed by Judge Robert E. Blackburn on 3/31/05. (dlb, ) (Entered: 04/04/2005) Minute Entry for proceedings held before Judge Robert E. Blackburn : Bench Trial held on 4/4/2005. Trial to the Court - Day One. (Court Reporter Suzanne Claar.) (dlb, ) (Entered: 04/07/2005) Minute Entry for proceedings held before Judge Robert E. Blackburn : Bench Trial held on 4/5/2005. Bench Trial - Day Two. Case is submitted to the Court. (Court Reporter Suzanne Claar.) (dlb, ) (Entered: 04/07/2005)

03/24/2005 03/24/2005 03/25/2005

137 139 140

03/25/2005 03/25/2005

141 145

03/28/2005 03/28/2005 03/28/2005 03/31/2005

142 143 144 146

04/04/2005

147

04/05/2005

148

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CM/ECF - U.S. District Court:cod Case 1:00-cv-02098-REB-MJW

Document 302-2

Filed 04/30/2008

Page 16 of 31 Page 16 of 31

04/12/2005

149

Proposed Findings of Fact, Conclusions of Law and Orders (Revised) by Prudential Property and Casualty Insurance Company. (dlb, ) (Entered: 04/13/2005) NOTICE of Supplemental Authority by Plaintiff Kelly Fincher (Attachments: # 1 Exhibit 1)(Rector, Leo) (Entered: 01/04/2006) MOTION to Withdraw as Attorney Nathan L. Garroway by Defendant Prudential Property and Casualty Insurance Company. (Attachments: # 1 Proposed Order (PDF Only) Order on Motion to Withdraw)(Garroway, Nathan) (Entered: 01/31/2006) MEMORANDUM referring to Magistrate Judge Watanabe : 151 MOTION to Withdraw as Attorney Nathan L. Garroway filed by Prudential Property and Casualty Insurance Company, by Judge Robert E. Blackburn on 1/31/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 01/31/2006) Docket Annotation: Motions terminated: 151 MOTION to Withdraw as Attorney Nathan L. Garroway by Defendant [PDF is actually a proposed order - to be refiled by counsel]. Text only entry - no document attached. (dlb, ) (Entered: 01/31/2006) MOTION to Withdraw as Attorney Nathan L. Garroway by Defendant Prudential Property and Casualty Insurance Company. (Attachments: # 1 Proposed Order (PDF Only) Order on Motion to Withdraw)(Garroway, Nathan) (Entered: 01/31/2006) MEMORANDUM referring to Magistrate Judge Watanabe : 154 MOTION to Withdraw as Attorney Nathan L. Garroway filed by Prudential Property and Casualty Insurance Company, by Judge Robert E. Blackburn on 1/31/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 01/31/2006) Docket Annotation re: 154 MOTION to Withdraw as Attorney Nathan L. Garroway. Pursuant to Chambers request motion no longer referred to the magistrate judge for ruling. Text only entry - no document attached. (pap, ) (Entered: 02/01/2006) Minute ORDER granting 154 Motion to Withdraw as Attorney. Attorney Nathan L. Garroway terminated, by Judge Robert E. Blackburn on 2/1/06. (gms, ) (Entered: 02/01/2006) FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDERS: Pla's claim for reformation is resolved. The Prudential policy is reformed to provide APIP benefits from the date of accident 5/8/94. The Prudential policy is reformed to include permissable cap on APIP benefits of $200,000. Parties file status report by 3/13/06. Parties initiate a Status Conference call 3/15/06 at 9:30 a.m. to set trial on remaining claims. Signed by Judge Robert E. Blackburn on 2/28/06. (dlb, ) (Entered: 03/01/2006) Utility Setting/Resetting Deadlines/Hearings: Status Report due by

01/04/2006 01/31/2006

150 151

01/31/2006

152

01/31/2006

153

01/31/2006

154

01/31/2006

155

02/01/2006

156

02/01/2006

157

02/28/2006

158

02/28/2006

159

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Document 302-2

Filed 04/30/2008

Page 17 of 31 Page 17 of 31

3/13/2006. Telephonic Status Conference set for 3/15/2006 09:30 AM by Judge Robert E. Blackburn for the purposes of setting trial date. Text only entry - no document attached. (dlb, ) (Entered: 03/01/2006) 03/13/2006 03/13/2006 03/14/2006 160 161 162 STATUS REPORT by Plaintiff Kelly Fincher. (Rector, Leo) (Entered: 03/13/2006) STATUS REPORT by Defendant Prudential Property and Casualty Insurance Company. (Latiolais, Clifton) (Entered: 03/13/2006) ORDER CONCERNING SCHEDULING OF REMAINING CLAIMS. Plaintiff may re-file her motion for class certification by 4/3/06. Trial shall be set at the telephone trial setting set for 3/15/06 at 9:30 a.m.. Signed by Judge Robert E. Blackburn on 3/14/06. (dlb, ) (Entered: 03/14/2006) THIRD TRIAL PREPARATION CONFERENCE ORDER: Twelve (12) Day Jury Trial set for 10/15/2007 08:30 AM in Courtroom A 701 before Judge Robert E. Blackburn. Trial Preparation Conference set for 9/28/2007 at 09:00 AM in Courtroom A 701 before Judge Robert E. Blackburn. Signed by Judge Robert E. Blackburn on 3/15/06. (dlb, ) (Entered: 03/15/2006) ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe by Judge Blackburn. (rebsec, ) (Entered: 03/15/2006) MINUTE ORDER: Telephonic Status Conference set for 3/23/2006 10:30 AM before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 3/20/06. (gms, ) (Entered: 03/20/2006) Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael J. Watanabe : Status Conference held on 3/23/2006. Scheduling Conference set for 9/14/2006 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. The proposed scheduling order shall be submitted by September 11, 2006. The proposed scheduling order shall be e-filed, and also e-mailed as a Word or WordPerfect attachment to [email protected]. (Court Reporter FTR - S. Moore.) (mjwcd, ) (Entered: 03/23/2006) MOTION to Certify Class by Plaintiff Kelly Fincher. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 15# 15 Exhibit 16# 16 Exhibit 17# 17 Exhibit 18# 18 Exhibit 19# 19 Exhibit 20# 20 Exhibit 21# 21 Exhibit 22)(Rector, Leo) (Entered: 04/04/2006) MOTION to Seal Document by Plaintiff Kelly Fincher. (Attachments: # 1 Proposed Order (PDF Only))(Rector, Leo) (Entered: 04/04/2006) SEALED DOCUMENT by Plaintiff Kelly Fincher. (Attachments: # Exhibit 14)(Rector, Leo) (Entered: 04/04/2006) MOTION to Amend/Correct/Modify AMENDED Class Action COMPLAINT by Plaintiff Kelly Fincher. (Attachments: # 1 Proposed

03/15/2006

163

03/15/2006 03/20/2006

164 165

03/23/2006

166

04/04/2006

167

04/04/2006 04/04/2006 04/04/2006

168 169 170

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Document 302-2

Filed 04/30/2008

Page 18 of 31 Page 18 of 31

Order (PDF Only))(Rector, Leo) (Modified on 4/5/2006 to correct entry) (dlb, ). (Entered: 04/04/2006) 04/04/2006 171 Exhibit 14 to Pla's 167 MOTION to Certify Class by Plaintiff [Public entry for 169 Sealed Document - Text Only Entry - No Document Attached].(dlb, ) (Entered: 04/05/2006) MEMORANDUM referring to Magistrate Judge Watanabe : 170 MOTION to Amend/Correct/Modify Amended Complaint filed by Kelly Fincher, by Judge Robert E. Blackburn on 4/5/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 04/05/2006) MINUTE ORDER striking 167 MOTION to Certify Class by Plaintiff. Pla has to 4/14/06 to refile by Judge Robert E. Blackburn on 4/5/06. (dlb, ) (Entered: 04/05/2006) ORDER granting 168 MOTION to Seal Exhibit 14 to Pla's motion for class certification by Plaintiff . Signed by Judge Robert E. Blackburn on 4/11/06. (dlb, ) (Entered: 04/11/2006) Amended MOTION to Certify Class by Plaintiff Kelly Fincher. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 15# 15 Exhibit 16# 16 Exhibit 17# 17 Exhibit 18# 18 Exhibit 19# 19 Exhibit 20# 20 Exhibit 21# 21 Exhibit 22# 22 Exhibit 23)(Rector, Leo) (Entered: 04/14/2006) Unopposed MOTION to Seal Document by Plaintiff Kelly Fincher. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Rector, Leo) (Entered: 04/14/2006) SEALED DOCUMENT by Plaintiff Kelly Fincher. (Attachments: # Exhibit 14)(Rector, Leo) (Entered: 04/14/2006) Exhibit 14 to Pla's Amended Motion for Class Certification (Pubic Entry for SEALED Document, 177 , filed 4/14/06) Text Only Entry - No Document Attached(erv, ) (Entered: 04/17/2006) NOTICE of Change of Address by Clifton J. Latiolais, Jr (Latiolais, Clifton) (Entered: 04/20/2006) ORDER granting Plaintiff's 176 Motion to Seal Document. Exhibit 14 177 , 178 is filed under seal. Signed by Judge Robert E. Blackburn on 4/21/06. (gms, ) (Entered: 04/21/2006) BRIEF in Opposition re 170 MOTION to Amend/Correct/Modify Amended Complaint filed by Defendant Prudential Property and Casualty Insurance Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Latiolais, Clifton) (Entered: 04/24/2006) MOTION For Extension of Time to File Response 175 Amended MOTION to Certify Class by Defendant Prudential Property and Casualty Insurance Company. (Latiolais, Clifton) (Modified on 4/28/2006 to add

04/05/2006

172

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04/14/2006 04/17/2006

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linkage) (dln, ). (Entered: 04/28/2006) 04/28/2006 183 Docket Annotation re: 182 MOTION For Extension of Time to File Response 175 Amended MOTION to Certify Class by Defendant. [Entry modified to add linkage]. Text only entry - no document attached. (dln, ) (Entered: 04/28/2006) MINUTE ORDER granting 182 MOTION For Extension of Time to File Response 175 Amended MOTION to Certify Class by Defendant. Dft's response due no later than 20 days after the court has entered order on Pla's motion to amend the amended complaint by Judge Robert E. Blackburn on 5/1/06. (dln, ) (Entered: 05/01/2006) MOTION to Withdraw Document re 170 MOTION to Amend/Correct/Modify Amended Complaint by Plaintiff Kelly Fincher. (Attachments: # 1 Proposed Order (PDF Only))(Rector, Leo) (Entered: 05/02/2006) MEMORANDUM referring to Magistrate Judge Watanabe : 185 MOTION to Withdraw Document re 170 MOTION to Amend/Correct/Modify Amended Complaint filed by Kelly Fincher, by Judge Robert E. Blackburn on 5/2/06. (Text Only Entry - No Document Attached) (rebsec, ) (Entered: 05/02/2006) MINUTE ORDER granting 185 MOTION to Withdraw Document and deeming withdrawn 170 MOTION to Amend/Correct/Modify Amended Complaint by Plaintiff by Magistrate Judge Michael J. Watanabe on 5/3/06. (dln, ) (Entered: 05/03/2006) MOTION for Leave to File Excess Pages by Defendant Prudential Property and Casualty Insurance Company. (Latiolais, Clifton) (Entered: 05/15/2006) RESPONSE to Motion re 188 MOTION for Leave to File Excess Pages filed by Plaintiff Kelly Fincher. (Rector, Leo) (Entered: 05/22/2006) BRIEF in Opposition re 175 Amended MOTION to Certify Class filed by Defendant Prudential Property and Casualty Insurance Company. (Latiolais, Clifton) (Modified on 5/24/2006 to indicate STRICKEN pursuant to minute order) (dln, ). (Entered: 05/23/2006) MINUTE ORDER denying 188 MOTION for Leave to File Excess Pages by Defendant and STRIKING 190 Memorandum in Opposition by Judge Robert E. Blackburn on 5/24/06. (dln, ) (Entered: 05/24/2006) BRIEF in Opposition re 175 Amended MOTION to Certify Class filed by Defendant Prudential Property and Casualty Insurance Company. (Attachments: # 1 Exhibit A Part 1# 2 Exhibit A Part 2# 3 Exhibit A Part 3# 4 Exhibit A Part 4# 5 Exhibit B# 6 Exhibit C Part 1# 7 Exhibit C Part 2# 8 Exhibit C Part 3# 9 Exhibit D# 10 Exhibit E# 11 Exhibit F# 12 Exhibit G# 13 Exhibit H Part 1# 14 Exhibit H Part 2# 15 Exhibit I Part 1# 16 Exhibit I Part 2# 17 Exhibit J# 18 Exhibit K# 19 Exhibit L# 20 Exhibit M# 21 Exhibit N# 22 Exhibit O# 23 Exhibit P# 24 Exhibit Q# 25

05/01/2006

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189 190

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Page 20 of 31 Page 20 of 31

Exhibit R# 26 Exhibit S# 27 Exhibit T Part 1# 28 Exhibit T Part 2# 29 Exhibit U)(Latiolais, Clifton) (Entered: 06/01/2006) 06/16/2006 193 Unopposed MOTION for Extension of Time to File Response/Reply as to 175 Amended MOTION to Certify Class by Plaintiff by Plaintiff Kelly Fincher. (Attachments: # 1 Proposed Order (PDF Only))(Carey, Robert) (Modified on 6/19/2006 to correct linkage) (dln, ). (Entered: 06/16/2006) MINUTE ORDER denying 193 Unopposed MOTION for Extension of Time to File Response/Reply as to 175 Amended MOTION to Certify Class by Plaintiff by Judge Robert E. Blackburn on 6/16/06. (dln, ) (Entered: 06/19/2006) MOTION for Reconsideration re 194 Order on Motion for Extension of Time to File Response/Reply by Plaintiff Kelly Fincher. (Attachments: # 1 Proposed Order (PDF Only))(Rector, Leo) (Entered: 06/19/2006) RESPONSE to Motion re 195 MOTION for Reconsideration re 194 Order on Motion for Extension of Time to File Response/Reply Defendant's Response to Plaintiff's Motion for Reconsideration of Motion for Extensioin of Time to Reply filed by Defendant Prudential Property and Casualty Insurance Company. (Latiolais, Clifton) (Entered: 06/21/2006) MINUTE ORDER granting to 6/26/06 195 Motion for Reconsideration re 175 Amended MOTION to Certify Class filed by Kelly Fincher by Judge Robert E. Blackburn on 6/21/06. (dln, ) (Entered: 06/21/2006) NOTICE of Change of Address of Attorney, L. Dan Rector by Leo Daniel Rector (Rector, Leo) (Entered: 06/26/2006) REPLY to Response to Motion re 175 Amended MOTION to Certify Class filed by Plaintiff Kelly Fincher. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Rector, Leo) (Entered: 06/26/2006) AMENDED Scheduling Order by Plaintiff Kelly Fincher. (Rector, L.) (Entered: 09/11/2006) Minute Entry for proceedings held before Judge Michael J. Watanabe : Scheduling Conference held on 9/14/2006. (Court Reporter FTR Shelley Moore.) (dln, ) (Entered: 09/14/2006) AMENDED SCHEDULING ORDER: Discovery due by 5/4/2007.,Dispositive Motions due by 6/15/2007., Settlement Conference set for 3/14/2007 10:00 AM before Magistrate Judge Michael J. Watanabe., Trial Preparation Conference set for 9/28/2007 at 09:00 AM before Judge Robert E. Blackburn., Jury Trial set for 10/15/2007 08:30 AM before Judge Robert E. Blackburn. Signed by Magistrate Judge Michael J. Watanabe on 9/14/06. (dln, ) (Entered: 09/14/2006) MOTION for Reconsideration re 158 Findings of Fact & Conclusions of Law, DATED FEBRUARY 28, 2006, AS TO THE IMPOSITION OF THE $200,000 CAP ON BENEFITS by Plaintiff Kelly Fincher. (Attachments: # 1 Exhibit A)(Garrison, Leif) (Entered: 10/03/2006)

06/19/2006

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06/26/2006 06/26/2006

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09/11/2006 09/14/2006

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10/20/2006

204

BRIEF in Opposition re 203 MOTION for Reconsideration re 158 Findings of Fact & Conclusions of Law, DATED FEBRUARY 28, 2006, AS TO THE IMPOSITION OF THE $200,000 CAP ON BENEFITS filed by Defendant Prudential Property and Casualty Insurance Company. (Latiolais, Clifton) (Entered: 10/20/2006) REPLY to Response to Motion re 203 MOTION for Reconsideration re 158 Findings of Fact & Conclusions of Law, DATED FEBRUARY 28, 2006, AS TO THE IMPOSITION OF THE $200,000 CAP ON BENEFITS filed by Plaintiff Kelly Fincher. (Garrison, Leif) (Entered: 11/06/2006) Joint MOTION to Vacate and Reset Settlement Conference by Plaintiff Kelly Fincher. (Attachments: # 1 Proposed Order (PDF Only))(Rector, L.) (Entered: 03/02/2007) MEMORANDUM regarding 206 Joint MOTION to Vacate and Reset Settlement Conference filed by Kelly Fincher by Judge Robert E. Blackburn on 3/5/07. (Text Only Entry - No Document Attached) Motions referred to Magistrate Judge Michael J. Watanabe (rebsec, ) (Entered: 03/05/2007) ORDER granting 206 Joint Motion to Vacate and Reset Settlement Conf. The Settlement Conf is reset to May 30, 2007 at 1:30 p.m. in Courtroom 502, Settlement statements shall be due on or before 5/23/07. Signed by Magistrate Judge Michael J. Watanabe on 3/5/07.(erv, ) (Entered: 03/05/2007) Utility Resetting Hearings: Text only entry - no document attached. Settlement Conference Reset for 5/30/2007 01:30 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. (erv, ) (Entered: 03/05/2007) MOTION for Leave to File Excess Pages of REB CIV. Practice Standard V.H.3.a. In Order to File New Motion for Partial Summary Judgment by Defendant Prudential Property and Casualty Insurance Company. (Latiolais, Clifton) (Entered: 03/09/2007) MOTION for Partial Summary Judgment by Defendant Prudential Property and Casualty Insurance Company. (Latiolais, Clifton) (Entered: 03/09/2007) BRIEF in Support re 211 MOTION for Partial Summary Judgment, 210 MOTION for Leave to File Excess Pages of REB CIV. Practice Standard V.H.3.a. In Order to File New Motion for Partial Summary Judgment filed by Defendant Prudential Property and Casualty Insurance Company. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3, Part 1# 4 Exhibit A-3, Part 2# 5 Exhibit A-4# 6 Exhibit A-5, Part 1# 7 Exhibit A-5, Part 2# 8 Exhibit A-6# 9 Exhibit A-7# 10 Exhibit A-8)(Latiolais, Clifton) (Entered: 03/09/2007) Unopposed MOTION For Extension of Time to SUBMIT SUPPLEMENTAL FED.R.CIV.P. 26(a)(2) DISCLOSURES by Plaintiff Kelly Fincher. (Attachments: # 1 Proposed Order (PDF Only) Proposed

11/06/2006

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Order re ORDER RE: PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT SUPPLEMENTAL FED.R.CIV.P. 26(a)(2) DISCLOSURES)(Garrison, Leif) (Entered: 03/15/2007) 03/16/2007 214 MEMORANDUM regarding 213 Unopposed MOTION For Extension of Time to SUBMIT SUPPLEMENTAL FED.R.CIV.P. 26(a)(2) DISCLOSURESUnopposed MOTION For Extension of Time to SUBMIT SUPPLEMENTAL FED.R.CIV.P. 26(a)(2) DISCLOSURES filed by Kelly Fincher by Judge Robert E. Blackburn on 3/16/07. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Michael J. Watanabe (rebsec, ) (Entered: 03/16/2007) ORDER granting 213 Pla's Unopposed Motion for Extension of Time to submit Supplemental FRCP 26(a)(2) Disclosures up to and incl 3/29/07. Signed by Magistrate Judge Michael J. Watanabe on 3/16/07.(erv, ) (Entered: 03/16/2007) RESPONSE to Motion re 211 MOTION for Partial Summary Judgment, 210 MOTION for Leave to File Excess Pages of REB CIV. Practice Standard V.H.3.a. In Order to File New Motion for Partial Summary Judgment filed by Plaintiff Kelly Fincher. (Rector, L.) (Entered: 03/16/2007) ORDER denying 175 PLa's Amended Motion to Certify Class. Signed by Judge Robert E. Blackburn on 3/22/07.(erv, ) (Entered: 03/22/2007) REPLY to Response to Motion re 210 MOTION for Leave to File Excess Pages of REB CIV. Practice Standard V.H.3.a. In Order to File New Motion for Partial Summary Judgment filed by Defendant Prudential Property and Casualty Insurance Company. (Latiolais, Clifton) (Entered: 03/23/2007) MOTION to Compel by Plaintiff Kelly Fincher. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed Order (PDF Only))(Rector, L.) (Entered: 04/16/2007) MEMORANDUM regarding 219 MOTION to Compel filed by Kelly Fincher by Judge Robert E. Blackburn on 4/16/07. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Michael J. Watanabe (rebsec, ) (Entered: 04/16/2007) BRIEF in Opposition re 219 MOTION to Compel filed by Defendant Prudential Property and Casualty Insurance Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Latiolais, Clifton) (Entered: 05/08/2007) Utility Setting Hearings: Text only entry - no document attached. Final Pretrial Conference set for 8/14/2007 09:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. (erv, ) (Entered: 05/17/2007) MINUTE ORDER granting 219 Motion to Compel by Magistrate Judge Michael J. Watanabe on 5/17/07.(erv, ) (Entered: 05/17/2007)

03/16/2007

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03/16/2007

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03/22/2007 03/23/2007

217 218

04/16/2007

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223

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Document 302-2

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Page 23 of 31 Page 23 of 31

05/31/2007

224

Minute Entry for proceedings held before Magistrate Judge Michael J. Watanabe : Settlement Conference held on 5/31/2007, No Settlement was reached (erv, ) (Entered: 05/31/2007) MOTION For Extension of Time to for Rule 30 (b)(6) Deposition by Defendant Prudential Property and Casualty Insurance Company. (Attachments: # 1 Proposed Order (PDF Only) Joint Motion toe Extend Deadline for Rule 30 (b)(6) Deposition)(Latiolais, Clifton) (Entered: 06/14/2007) MEMORANDUM regarding 225 MOTION For Extension of Time to for Rule 30 (b)(6) Deposition MOTION For Extension of Time to for Rule 30 (b)(6) Deposition filed by Prudential Property and Casualty Insurance Company. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Michael J. Watanabe by Judge Robert E. Blackburn on 6/15/07. (erv, ) (Entered: 06/15/2007) ORDER granting 225 Joint Motion to Extend Deadline for Rule 30 (b)(6) Deposition up to and incl 7/25/07. Signed by Magistrate Judge Michael J. Watanabe on 6/15/07.(erv, ) (Entered: 06/15/2007) MINUTE ORDER granting 210 Dfts Motion for Leave to File Excess Pages; That Defendant's Motion For Partial Summary Judgment 211 , which was presented for filing March 9, 2007, IS ACCEPTED for filing; That defendant's Memorandum in Support of Defendant's Motion For Partial Summary Judgment 212 , which was presented for filing March 9, 2007, IS ACCEPTED for filing; That REB Civ. Practice Standard V.H.4.a. IS WAIVED to facilitate the filing and marshaling of defendant's motion; That a response and reply MAY BE FILED in the time and manner prescribed by D.C.COLO.LCivR 7.1C and REB Civ. Practice Standard V.H.4.a.2, by Judge Robert E. Blackburn on 7/19/07. (erv, ) (Entered: 07/19/2007) MOTION For Extension of Time to RESPOND TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT by Plaintiff Kelly Fincher. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order) (Garrison, Leif) (Entered: 08/01/2007) BRIEF in Opposition re 229 MOTION For Extension of Time to RESPOND TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Defendant Prudential Property and Casualty Insurance Company. (Latiolais, Clifton) (Entered: 08/02/2007) MINUTE ORDER granting 229 Pla's Partially Opposed Motion for Extension of TimeTo Respond To Defendant's Motion for Partial Summary Judgment. Plaintiffs shall have until August 23, 2007, in which to file their response to the motion for partial summary judgment. by Judge Robert E. Blackburn on 8/2/07.(erv, ) (Entered: 08/02/2007) Docket Annotation re: 230 Brief in Opposition to Motion, This pleading will be refiled as it is not signed by counsel. Text only entry - no document attached. (erv, ) (Entered: 08/03/2007)

06/14/2007

225

06/15/2007

226

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07/19/2007

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08/01/2007

229

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08/03/2007

233

BRIEF in Opposition re 229 MOTION For Extension of Time to RESPOND TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Defendant Prudential Property and Casualty Insurance Company. (Latiolais, Clifton) (Entered: 08/03/2007) Docket Annotation re: 233 Brief in Opposition to Motion, an incorrect PDF was attached, Counsel to refile. Text only entry - no document attached. (erv, ) (Entered: 08/03/2007) BRIEF in Opposition re 229 MOTION For Extension of Time to RESPOND TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Defendant Prudential Property and Casualty Insurance Company. (Latiolais, Clifton) (Entered: 08/03/2007) Proposed Pretrial Order Fourth Amended by Defendant Prudential Property and Casualty Insurance Company. (Latiolais, Clifton) (Entered: 08/09/2007) Minute