Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01876-RPM Document 151-3

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U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:04-cv-01876-RPM Internal Use Only

Warren v. American Bank Ins FL Assigned to: Judge Richard P. Matsch Demand: $0 Case in other court: 06-01305 USCA, 06-01440 Cause: 28:1332 Diversity-Insurance Contract Plaintiff Kirk Warren

Date Filed: 09/10/2004 Date Terminated: 06/23/2006 Jury Demand: Both Nature of Suit: 110 Insurance Jurisdiction: Diversity

represented by Co Horgan Hagens Berman Sobol Shapiro, LLPPhoenix 2425 East Camelback Road #650 Phoenix, AZ 85016 928-474-5938 Fax: 928-492-1021 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie Bettencourt Cliff Carey Law Firm 2301 East Pikes Peak Avenue Colorado Springs, CO 80917 719-635-0377 Fax: 719-635-2920 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Bruce Carey Carey Law Firm 2301 East Pikes Peak Avenue Colorado Springs, CO 80917 719-635-0377 Fax: 719-635-2920 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant American Bankers Insurance of Florida actually reads American Bankers Insurance Company of Florida, a Florida insurance company represented by Arthur Joel Kutzer Senter, Goldfarb & Rice, LLC 1700 Broadway #1700 Denver, CO 80290 303-320-0509 Fax: 303-320-0210 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Billy-George Hertzke Senter, Goldfarb & Rice, LLC 1700 Broadway #1700 Denver, CO 80290 303-320-0509 Fax: 303-320-0210 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul R. Flick Montgomery, Kolodny, Amatuzio & Dusbabek, L.L.P- Denver CO 475 Seventeenth Street #1600 Denver, CO 80202 303-592-6600 Fax: 303-592-6666 Email: [email protected] TERMINATED: 07/21/2005 LEAD ATTORNEY Walter D. Willson Wells Marble & Hurst, PLLC 317 East Capitol Street #600 P.O. Box 131 Jackson, MS 39205 601-355-8321 Fax: 601-355-4217 Email: [email protected] ATTORNEY TO BE NOTICED

Date Filed

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Docket Text

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09/10/2004 09/10/2004 10/29/2004 11/08/2004

1 COMPLAINT (Summons(es) issued); jury demand (bpm) (Entered: 09/13/2004) FILING FEE PAID: on 9/10/04 in the amount of $ 150, receipt # 254519. (bpm) (Entered: 09/13/2004) 2 ANSWER to Complaint with Jury Demand by Defendant American Bankers Insurance of Florida.(lam, ) (Entered: 11/02/2004) 3 ORDER: Scheduling Conference set for 12/17/2004 02:00 PM in Conference Room before Judge Richard P. Matsch. Signed by Judge Richard P. Matsch on 11/8/04. (gms, ) (Entered: 11/10/2004) 4 SUMMONS Returned Executed by Kirk Warren. American Bankers Insurance of Florida served on 10/12/2004 by serving Randolph C. Wilson, designee to Colorado Insurance Commissioner as agent, answer due 11/1/2004. (gms, ) (Entered: 11/15/2004) 5 Minute Entry for proceedings held before Judge Richard P. Matsch : Scheduling Conference held on 12/17/2004; Scheduling Order approved; Counsel stipulate to 5/18/05 written discovery deadline. (Court Reporter FTR) (lam, ) (Entered: 12/22/2004) 6 SCHEDULING ORDER: Discovery due by 5/18/2005. Dispositive Motions due by 6/18/2005.. Signed by Judge Richard P. Matsch on 12/17/04. (lam, ) (Entered: 12/22/2004) 7 STIPULATION for Extension of Time Plaintiff has to respond to Defendant's First Set of Discovery to 1/31/05 by Plaintiff Kirk Warren, Defendant American Bankers Insurance of Florida. (lam, ) (Entered: 01/28/2005) 8 MINUTE ORDER granting [7] Stipulation Requesting an Extension until 7/31/05 for Plaintiff to Respond to Discovery filed by Defendant American Bankers Insurance of Florida, Plaintiff, Kirk Warren by Judge Richard P. Matsch on 1/25/05. (lam, ) (Entered: 01/28/2005) 9 NOTICE of Change of Address of Senter Goldfarb & Rice, LLC by Paul R. Flick (gms, ) (Entered: 02/24/2005) 10 MOTION to Compel disclosures of relevant insurance agreements by Plaintiff Kirk Warren. (dlb, ) (Entered: 03/02/2005) 11 Dft's RESPONSE to [10] MOTION to Compel disclosures of relevant insurance agreements by Plaintiff Kirk Warren. (dlb, ) (Entered: 03/21/2005) 12 ORDER denying [10] Pla's Motion to Compel. Pla's Counsel shall have to and including 4/15/05 to show cause why the dft should not be awarded a reasonable attorney's fee in the amount of $500.00 for the cost of responding to this unwarranted motion . Signed by Judge Richard P. Matsch on 3/29/05. (pap, ) (Entered: 03/31/2005) 13 UNOPPOSED MOTION For Extension of Time to Serve Expert Witness

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Disclosures up to 4/18/05 by Plaintiff Kirk Warren. (pap, ) (Entered: 04/05/2005) 04/04/2005 14 Minute ORDER granting Pla's [13] Motion for Extension of Time to serve expert witness disclosures, by Judge Richard P. Matsch on 4/4/05. (gms, ) (Entered: 04/06/2005) 15 RESPONSE TO ORDER TO SHOW CAUSE by Pla Kirk Warren. (erv, ) (Entered: 04/19/2005) 16 UNOPPOSED MOTION For Extension of Time to Disclose Experts an additional 2 days by Defendant American Bankers Insurance of Florida. (pap, ) (Entered: 04/20/2005) 17 ORDER pursuant to [15] Response to Order to Show Cause filed by Kirk Warren, Discharging [12] Order to Show Cause. Signed by Judge Richard P. Matsch on 4/18/05. (pap, ) (Entered: 04/20/2005) 18 Minute ORDER granting [16] Motion for Extension of Time to disclose expert report until 4/20/05 by Senior District Judge Richard P. Matsch on 4/19/05. (bpm, ) (Entered: 04/21/2005) 19 RESPONSE to [15] Response to Order to Show Cause [12] by Defendant American Bankers Insurance of Florida. (lam, ) (Entered: 04/26/2005) 20 Unopposed MOTION For Extension of Time to Respond to Plaintiff's Discovery Requests to 5/9/05 by Defendant American Bankers Insurance of Florida. (lam, ) (Entered: 05/04/2005) 21 CERTIFICATION by Defendant American Bankers Insurance of Florida re: [20] "Opposed" Unopposed MOTION For Extension of Time to Respond to Plaintiff's Discovery Requests to 5/9/05 by Defendant American Bankers Insurance of Florida. (dlb, ) (Entered: 05/05/2005) 22 MINUTE ORDER granting Defendant's [20] Motion for Extension of Time until 5/9/05 to respond to plaintiff's discovery requests by Judge Richard P. Matsch on 5/4/05. (lam, ) (Entered: 05/06/2005) 23 Entry (NOTICE) of Appearance by Co Horgan on behalf of plaintiff Kirk Warren (bpm, ) (Entered: 05/12/2005) 24 ORDER re: [19] RESPONSE to [15] Response to Order to Show Cause [12] by Defendant American Bankers Insurance of Florida. That the dft's request contained in the response is denied. Signed by Judge Richard P. Matsch on 5/12/05. (dlb, ) (Entered: 05/13/2005) 25 MOTION for Protective Order concerning custodian of records depositions of National Insurance by Defendant American Bankers Insurance of Florida. (pap, ) (Entered: 05/17/2005) 26 UNOPPOSED MOTION For Extension of Time to Complete Deposition up to the end of June 2005 by Defendant American Bankers Insurance of Florida. (pap, ) (Entered: 05/17/2005) 28 MINUTE ORDER granting [26] UNOPPOSED MOTION For Extension

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of Time to Complete Deposition up to the end of June 2005 by Defendant American Bankers Insurance of Florida to 6/30/05 by Judge Richard P. Matsch on 5/18/05. (dlb, ) (Entered: 05/19/2005) 05/19/2005 05/19/2005 27 Unopposed MOTION For Extension of Time for discovery deadline by Plaintiff Kirk Warren. (dlb, ) (Entered: 05/19/2005) 29 ORDER granting [27] Unopposed Motion for Extension of Discovery Deadline. The Counsel shall submit an amended scheduling order to the Court on or before 5/28/05 . Signed by Judge Richard P. Matsch on 5/19/05. (pap, ) (Entered: 05/23/2005) 30 UNOPPOSED MOTION For Extension of Time to Respond to Dfts' Second Set of Discovery up to and including 5/26/05 by Plaintiff Kirk Warren. (pap, ) (Entered: 05/31/2005) 31 Unopposed MOTION to Amend [1] Complaint by Plaintiff Kirk Warren. (Attachment: Tendered Amended Complaint and Jury Demand) (lam, ) (Entered: 06/02/2005) 32 Minute ORDER granting [31] Motion to Amend Complaint. A Status Conf has Been set for 6/17/05 at 10:00 a.m. , by Judge Richard P. Matsch on 5/31/05. (erv, ) (Entered: 06/02/2005) 35 AMENDED COMPLAINT and Jury Demand against American Bankers Insurance of Florida , filed by Kirk Warren.(erv, ) (Entered: 06/08/2005) 33 Proof (AFFIDAVIT/RETURN) of Service of Subpoena on National Insurance Center by handing to Ambrosio Castillo on 5/13/05, filed by Plaintiff Kirk Warren. (lam, ) (Entered: 06/07/2005) 34 Proof (AFFIDAVIT/RETURN) of Service of Subpoena upon National Insurance Center by handing to Audrey Walker on 5/13/05, filed by Plaintiff Kirk Warren. (lam, ) (Entered: 06/07/2005) 36 RESPONSE to [25] MOTION for Protective Order filed by Plaintiff Kirk Warren. (lam, ) (Entered: 06/08/2005) 37 MOTION for Partial Dismissal by Defendant American Bankers Insurance of Florida. (lam, ) (Entered: 06/16/2005) 38 ANSWER to Amended Complaint by Defendant American Bankers Insurance of Florida.(lam, ) (Entered: 06/17/2005) 39 Minute Entry for proceedings held before Judge Richard P. Matsch : Status Conference held on 6/17/2005; Defendant required to prepare a cetification of completeness with respect to their turnover of electronic data; [37] MOTION for Partial Dismissal filed by Defendant American Bankers Insurance of Florida is denied as procedurally inappropriate; Defendant's [25] MOTION for Protective Order is moot; and Unopposed [30] MOTION For Extension of Time to Respond to Defendants Second Set of Discovery is granted. (Court Reporter - FTR) (lam, ) (Entered: 06/20/2005)

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40 Pursuant to Minute Entry 39 the following motions were ruled on: [37] MOTION for Partial Dismissal filed by Defendant American Bankers Insurance of Florida; Defendant's [25] MOTION for Protective Order and Unopposed [30] MOTION For Extension of Time to Respond to Defendants Second Set of Discovery by Judge Richard P. Matsch on 6/17/05. Text Only Entry - No Document Attached. (lam, ) (Entered: 06/20/2005) 41 Proposed Scheduling Order by Plaintiff Kirk Warren. (Cliff, Julie) (Entered: 07/19/2005) 42 Proposed Scheduling Order (with correct PDF attached) by Plaintiff Kirk Warren, Defendant American Bankers Insurance of Florida. (Cliff, Julie) (Entered: 07/19/2005) 43 MOTION to Withdraw by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Proposed Order (PDF Only))(Flick, Paul) (Entered: 07/19/2005) 44 STIPULATED AMENDED SCHEDULING ORDER: Discovery due by 11/14/2005. Dispositive Motions due by 12/14/2005. Signed by Judge Richard P. Matsch on 7/21/05. (lam, ) (Entered: 07/21/2005) 45 ORDER granting 43 Motion to Withdraw, Paul R. Flick is permitted to withdraw as counsel of record for Defendant American Bankers Insurance Company of Florida. Signed by Judge Richard P. Matsch on 7/21/05. (lam, ) (Entered: 07/21/2005) 46 NOTICE of Entry of Appearance by Billy-George Hertzke on behalf of American Bankers Insurance of Florida (Hertzke, Billy-George) (Entered: 07/26/2005) 47 First MOTION for Costs Regarding Aguilar Deposition by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Kutzer, Arthur) (Entered: 08/03/2005) 48 MOTION for Summary Judgment by Defendant American Bankers Insurance of Florida. (Hertzke, Billy-George) (Entered: 08/08/2005) 49 BRIEF in Support re 48 MOTION for Summary Judgment filed by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Exhibit A J. Sanford depo.# 2 Exhibit B Policies# 3 Exhibit C Lois Thomas Affidavit# 4 Exhibit D J. Berry Depo.# 5 Exhibit E Lewey Thomas depo.# 6 Exhibit F 2002 Statute# 7 Exhibit G Peterson v. Home Ins. Co.# 8 Exhibit H Anderson v. State Farm# 9 Exhibit I Pl's Responses to Interrogatories)(Hertzke, Billy-George) (Entered: 08/08/2005) 50 RESPONSE to Motion re 47 First MOTION for Costs Regarding Aguilar Deposition filed by Plaintiff Kirk Warren. (Attachments: # 1 Declaration of Julie Cliff# 2 Exhibit A# 3 Exhibit B)(Cliff, Julie) (Entered: 08/23/2005) 51 Unopposed MOTION for Extension of Time to File Response/Reply as to 48 MOTION for Summary Judgment by Plaintiff Kirk Warren. (Cliff,

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Julie) (Entered: 08/26/2005) 08/31/2005 52 MINUTE ORDER granting 51 Unopposed Motion for Extension of Time to File Response re 48 MOTION for Summary Judgment to 9/6/05, by Judge Richard P. Matsch on 8/31/05. (lam, ) (Entered: 08/31/2005) 53 REPLY to Response to Motion re 47 First MOTION for Costs Regarding Aguilar Deposition filed by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Attachment D# 2 Attachment E# 3 Proposed Order (PDF Only))(Hertzke, Billy-George) (Entered: 09/06/2005) 54 MOTION to Seal Document Response to Motion for Summary Judgment by Plaintiff Kirk Warren. (Cliff, Julie) (Entered: 09/06/2005) 55 RESPONSE to Motion re 54 MOTION to Seal Document Response to Motion for Summary Judgment, 48 MOTION for Summary Judgment filed by Plaintiff Kirk Warren. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# (5) Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# (10) Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q) (Cliff, Julie) (Exhibits E and J sealed pursuant to Order of 9/8/05) (Modified on 9/9/2005 to indicate sealed exhibits)(gms, ). (Entered: 09/06/2005) 56 CERTIFICATE OF SERVICE re 55 Response to Motion,, 53 Reply to Response to Motion,, 54 MOTION to Seal Document Response to Motion for Summary Judgment by Plaintiff Kirk Warren (Cliff, Julie) (Entered: 09/06/2005) 57 MOTION to Seal (Amended) by Plaintiff Kirk Warren. (Attachments: # 1 Proposed Order (PDF Only) Order re: Plaintiff's Amended Motion to Seal)(Cliff, Julie) (Entered: 09/08/2005) 58 ORDER granting Plaintiff's Amended 57 Motion to Seal Exhibits E and J to Plaintiff's Response to Motion for Summary Judgment. Signed by Judge Richard P. Matsch on 9/8/05. (gms, ) (Entered: 09/09/2005) 59 MOTION For Extension of Time to Serve Expert Witness Disclosures (Insurance and Bad Faith) by Plaintiff Kirk Warren. (Cliff, Julie) (Entered: 09/14/2005) 60 ORDER granting 59 Plaintiff's Motion for Extension of Time to Serve Expert Witness Disclosures (Insurance and Bad Faith) to 9/21/05. Signed by Judge Richard P. Matsch on 9/15/05. (lam, ) (Entered: 09/15/2005) 61 TRANSCRIPT of Status Conference held on 6/17/05 before Judge Matsch. Prepared by: Federal Reporting Service, Inc. Pages: 1-12. (certified copy) Text Only Entry - Available in paper format at the Clerk's Office (lam, ) (Entered: 09/20/2005) 62 REPLY to Response to Motion re 48 MOTION for Summary Judgment filed by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Exhibit J# 2 Exhibit K# 3 Exhibit L part 1# 4 Exhibit L part 2# 5 Exhibit L part 3)(Hertzke, Billy-George) (Entered:

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09/21/2005) 10/14/2005 63 Unopposed MOTION For Extension of Time to Endorse Rebuttal Expert Garth Allen by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Proposed Order (PDF Only) for Extension of Time to Endorse Rebuttal Expert Garth Allen)(Hertzke, Billy-George) (Entered: 10/14/2005) 64 ORDER granting 63 Defendant's Motion for Extension of Time to 10/19/05 to Endorse Rebuttal Expert Garth Allen.Signed by Judge Richard P. Matsch on 10/17/05. (lam, ) (Entered: 10/17/2005) 65 STIPULATED Confidentiality Agreement by Plaintiff Kirk Warren, Defendant American Bankers Insurance of Florida. (lam, ) (Entered: 11/08/2005) 66 ORDER that the 65 Stipulated Confidentiality Agreement is granted and made an Order of the Court. Signed by Judge Richard P. Matsch on 11/7/05. (lam, ) (Entered: 11/08/2005) 67 MOTION to Seal Document Motion for Summary Judgment by Plaintiff Kirk Warren. (Cliff, Julie) (Entered: 12/14/2005) 68 SEALED DOCUMENT by Plaintiff Kirk Warren. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) # (5) Exhibit E# (6) Exhibit F# (7) Exhibit G# (8) Exhibit H# (9) Exhibit I# (10) Exhibit J# (11) Exhibit K# (12) Exhibit L# (13) Exhibit M# (14) Exhibit N# (15) Exhibit O# (16) Exhibit P# (17) Exhibit Q# (18) Exhibit R# (19) Exhibit S)(Cliff, Julie) (Entered: 12/14/2005) 69 MOTION for Hearing/Conference re [68] Sealed Document, Motion for Summary Judgment by Plaintiff Kirk Warren. (Cliff, Julie) (Entered: 12/14/2005) 70 MOTION for Summary Judgment with Exhibits A-S by Plaintiff Kirk Warren. (Public entry for Sealed Document [68] filed 12/14/05) Text only entry - no document attached. (lam, ) (Entered: 12/15/2005) 71 MOTION to Strike Exhibits by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Proposed Order (PDF Only))(Hertzke, Billy-George) (Entered: 12/22/2005) 72 RESPONSE to Motion re [70] MOTION for Summary Judgment filed by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Exhibit A-1 part 1# 2 Exhibit A-2 part 2# 3 Exhibit A-2 part 2# 4 Exhibit A-2 part 1# 5 Exhibit A-3 part 2# 6 Exhibit A-3 part 1# 7 Exhibit A-4# 8 Exhibit A-5# 9 Exhibit A-6# 10 Exhibit A-7# 11 Exhibit A-8# 12 Exhibit A-9# 13 Exhibit A-10)(Hertzke, Billy-George) (Entered: 12/22/2005) 73 REPLY to Response to Motion re [70] MOTION for Summary Judgment filed by Plaintiff Kirk Warren. (Attachments: # 1 Exhibit T# 2 Exhibit U) (Cliff, Julie) (Entered: 01/06/2006) 74 Unopposed MOTION for Extension of Time to File Response/Reply as

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to 71 MOTION to Strike Exhibits by Plaintiff Kirk Warren. (Attachments: # 1)(Cliff, Julie) (Entered: 01/11/2006) 01/12/2006 75 Minute ORDER granting Plaintiff's 74 Unopposed Motion for Extension of Time to File Response to Defendant's 71 MOTION to Strike Exhibits, by Judge Richard P. Matsch on 1/12/06. (lam, ) (Entered: 01/12/2006) 76 Minute ORDER Setting Hearing on Cross Motions for Summary Judgment [70],48 and related motions 71, 67 on 2/1/2006 02:00 PM in Courtroom A before Judge Richard P. Matsch, by Judge Richard P. Matsch on 1/13/06. (lam, ) (Entered: 01/13/2006) 77 SURREPLY re [70] MOTION for Summary Judgment Incorporating Supplemental Authority filed by Defendant American Bankers Insurance of Florida. (Hertzke, Billy-George) (Entered: 01/13/2006) 78 RESPONSE to Motion re 71 MOTION to Strike Exhibits filed by Plaintiff Kirk Warren. (Attachments: # 1 Exhibit V# 2 Exhibit W# 3 Exhibit X# 4 Exhibit Y)(Cliff, Julie) (Entered: 01/18/2006) 79 SUPPLEMENT/AMENDMENT to 73 Reply to Response to Motion for SJ - Notice of Supplemental Authority by Plaintiff Kirk Warren. (Attachments: # 1 Exhibit Z)(Cliff, Julie) (Entered: 01/24/2006) 80 SUPPLEMENT/AMENDMENT to 73 Reply to Response to Motion to SJ - Notice of Supplemental Authority by Plaintiff Kirk Warren. (Attachments: # 1 Exhibit z)(Cliff, Julie) (Entered: 01/24/2006) 81 NOTICE of Entry of Appearance by Robert Bruce Carey on behalf of Kirk Warren (Carey, Robert) (Entered: 01/24/2006) 82 REPLY to Response to Motion re 71 MOTION to Strike Exhibits filed by Defendant American Bankers Insurance of Florida. (Hertzke, BillyGeorge) (Entered: 01/30/2006) 83 MOTION to Strike 77 Surreply by Plaintiff Kirk Warren. (Cliff, Julie) (Entered: 01/30/2006) 84 Minute Entry - Courtroom Minutes for Motion Hearing held on 2/1/2006 before Judge Richard P. Matsch : ORDERED: Defendant's 47 First MOTION for Costs Regarding Aguilar Deposition is denied, Defendant's 71 MOTION to Strike Exhibits is moot, Plaintiff's 83 MOTION to Strike 77 Surreply is moot, Plaintiff's [70] MOTION for Summary Judgment is denied, Plaintiff's 67 MOTION to Seal Document Motion for Summary Judgment is granted, Defendant's 48 MOTION for Summary Judgment is denied, Pretrial conference scheduled April 28, 2006 at 2:00 p.m. (Court Reporter FTR - K. Terasaki) (rpmcd ) (Entered: 02/01/2006) 85 Pursuant to the 2/1/2006 Courtroom Minutes: ORDER denying 47 Motion for Costs, denying 48 Motion for Summary Judgment, granting 67 Motion to Seal Document [68] Sealed Document,, denying [70] Motion for Summary Judgment, finding as moot 71 Motion to Strike, finding as moot 83 Motion to Strike by Judge Richard P. Matsch (Text entry only, no document attached). (rpmcd) (Entered: 02/01/2006)

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86 ORDER setting a Final Pretrial Conference for 4/28/2006 02:00 PM in Conference Room before Judge Richard P. Matsch. Signed by Judge Richard P. Matsch on 2/1/06. (lam, ) (Entered: 02/01/2006) 87 Unopposed MOTION to Vacate and Reschedule Pretrial Conference by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Proposed Order (PDF Only))(Hertzke, Billy-George) (Entered: 02/22/2006) 88 Minute ORDER granting Defendant's Unopposed 87 Motion to Vacate and Reschedule Pretrial Conference. The Conference set for 4/28/06, is vacated and rescheduled for 5/4/06, at 2:00 pm, by Judge Richard P. Matsch on 2/22/06. (lam, ) (Entered: 02/22/2006) 89 Utility Setting/Resetting Deadlines/Hearings: Pursuant to Minute Order of 2/22/06 the Pretrial Conference set for 4/28/06 is vacated and reset for 5/4/2006 02:00 PM before Judge Richard P. Matsch. Text only entry - no document attached. (lam, ) (Entered: 02/22/2006) 90 NOTICE of Entry of Appearance by Walter D. Willson on behalf of American Bankers Insurance of Florida (Willson, Walter) (Entered: 03/08/2006) 91 MOTION for Leave to of Court to File Second Answer to Amended Complaint by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Exhibit A# 2 Proposed Order (PDF Only))(Hertzke, Billy-George) (Entered: 03/10/2006) 92 MOTION for Protective Order Re: March 29, 2006 Deposition of Lindsey Fisher by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Exhibit A-1 A-2 A-3 A-4 A-5# 2 Proposed Order (PDF Only))(Hertzke, Billy-George) (Entered: 03/28/2006) 93 RESPONSE to Motion re 92 MOTION for Protective Order Re: March 29, 2006 Deposition of Lindsey Fisher filed by Plaintiff Kirk Warren. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D)(Cliff, Julie) (Entered: 03/28/2006) 94 REPLY to Response to Motion re 92 MOTION for Protective Order Re: March 29, 2006 Deposition of Lindsey Fisher filed by Defendant American Bankers Insurance of Florida. (Hertzke, Billy-George) (Entered: 03/28/2006) 95 ORDER on 92 Motion for Protective Order: The motion for protective order is denied in that a discovery deposition pursuant to Fed.R.Civ.P.30 and 26 may proceed as scheduled for Lindsey Fisher on 3/29/06. That no preservation deposition will be taken. The admissibility of portions of the deposition at trial will depend upon a requisite showing under Fed.R.Civ.P.32. Signed by Judge Richard P. Matsch on 3/28/06. (lam, ) (Entered: 03/28/2006) 96 Unopposed MOTION for Extension of Time to File Response/Reply as to 91 MOTION for Leave to of Court to File Second Answer to Amended

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Complaint by Plaintiff Kirk Warren. (Cliff, Julie) (Entered: 03/30/2006) 04/05/2006 97 MINUTE ORDER granting Plaintiff's Unopposed 96 Motion for Extension of Time to Respond to Defendant's 91 MOTION for Leave of Court to File Second Answer to Amended Complaint to 4/6/06, by Judge Richard P. Matsch on 4/5/06. (lam, ) (Entered: 04/05/2006) 98 Second MOTION for Extension of Time to File Response/Reply as to 91 MOTION for Leave to of Court to File Second Answer to Amended Complaint by Plaintiff Kirk Warren. (Cliff, Julie) (Entered: 04/06/2006) 99 Minute ORDER granting Plaintiff's 98 Motion for Extension of Time to File Response to Defendant's 91 MOTION for Leave to of Court to File Second Answer to Amended Complaint to 4/7/06, by Judge Richard P. Matsch on 4/7/06. (gms, ) (Entered: 04/07/2006) 100 RESPONSE to Motion re 91 MOTION for Leave to of Court to File Second Answer to Amended Complaint filed by Plaintiff Kirk Warren. (Cliff, Julie) (Entered: 04/07/2006) 101 MOTION to Bifurcate by Defendant American Bankers Insurance of Florida. (Hertzke, Billy-George) (Entered: 04/13/2006) 102 REPLY to Response to Motion re 91 MOTION for Leave to of Court to File Second Answer to Amended Complaint filed by Defendant American Bankers Insurance of Florida. (Hertzke, Billy-George) (Entered: 04/24/2006) 103 MOTION to Stay Discovery and Pending Litigation by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Exhibit A) (Hertzke, Billy-George) (Entered: 04/26/2006) 104 ORDER denying 103 Motion of American Bankers Insurance Company of Florida to Stay Discovery and Pending Litigation. Signed by Judge Richard P. Matsch on 4/27/06. (lam, ) (Entered: 04/27/2006) 105 ORDER denying 91 Defendant's Motion for Leave to File Second Answer to Amended Complaint. Signed by Judge Richard P. Matsch on 4/27/06. (lam, ) (Entered: 04/27/2006) 106 Proposed Pretrial Order Final by Plaintiff and by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Cliff, Julie) (Entered: 04/28/2006) 107 RESPONSE to Motion re 101 MOTION to Bifurcate filed by Plaintiff Kirk Warren. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Cliff, Julie) (Entered: 05/03/2006) 108 MOTION to Compel Fed. R. Civ. P. 30(b)(6) Deposition, and Supplemental Disclosure and Discovery Responses by Plaintiff Kirk Warren. (Attachments: # 1 Exhibit 5)(Cliff, Julie) (Entered: 05/03/2006) 109 Minute Entry - Courtroom Minutes for Final Pretrial Conference held on 5/4/2006 before Judge Richard P. Matsch. ORDERED: Defendant's 101

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01876-RPM Document 151-3

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MOTION to Bifurcate is granted, Reformation issue shall be tried separately to Court, Counsel have 30 days to submit a proposed pretrial order on the reformation issue.(Court Reporter ECR - K. Terasaki) (rpmcd) (Entered: 05/05/2006) 05/04/2006 110 Pursuant to the 5/4/2006 Courtroom Minutes: ORDER granting 101 Motion to Bifurcate by Judge Richard P. Matsch. (Text entry only no document attached) (rpmcd) (Entered: 05/05/2006) 111 MOTION to Suppress the Testimony of Lindsey Fisher by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3# 4 Exhibit A-4# 5 Exhibit A-5)(Hertzke, Billy-George) (Entered: 05/05/2006) 112 RESPONSE to Motion re 108 MOTION to Compel Fed. R. Civ. P. 30(b) (6) Deposition, and Supplemental Disclosure and Discovery Responses filed by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3# 4 Exhibit A-4)(Hertzke, Billy-George) (Entered: 05/23/2006) 113 RESPONSE to Motion re 111 MOTION to Suppress the Testimony of Lindsey Fisher filed by Plaintiff Kirk Warren. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Cliff, Julie) (Entered: 05/25/2006) 114 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P. 12(b)(1) by Defendant American Bankers Insurance of Florida. (Hertzke, Billy-George) (Entered: 05/26/2006) 115 BRIEF in Support re 114 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P. 12(b)(1) filed by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3)(Hertzke, Billy-George) (Entered: 05/26/2006) 116 REPLY to Response to Motion re 111 MOTION to Suppress the Testimony of Lindsey Fisher filed by Defendant American Bankers Insurance of Florida. (Hertzke, Billy-George) (Entered: 06/09/2006) 117 Unopposed MOTION for Extension of Time to File Response/Reply as to 108 MOTION to Compel Fed. R. Civ. P. 30(b)(6) Deposition, and Supplemental Disclosure and Discovery Responses by Plaintiff Kirk Warren. (Cliff, Julie) (Entered: 06/12/2006) 118 MINUTE ORDER granting Plaintiff's 117 Motion for Extension of Time to File Reply in Support of 108 MOTION to Compel to 6/14/06, by Judge Richard P. Matsch on 6/13/06. (lam, ) (Entered: 06/13/2006) 119 REPLY to Response to Motion re 108 MOTION to Compel Fed. R. Civ. P. 30(b)(6) Deposition, and Supplemental Disclosure and Discovery Responses filed by Plaintiff Kirk Warren. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Cliff, Julie) (Entered: 06/14/2006) 120 RESPONSE to Motion re 114 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P. 12(b)(1) filed by Plaintiff Kirk

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01876-RPM Document 151-3

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Warren. (Carey, Robert) (Entered: 06/15/2006) 06/19/2006 121 REPLY to Response to Motion re 114 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P. 12(b)(1) filed by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Exhibit A-4# 2 Exhibit A-5)(Hertzke, Billy-George) (Entered: 06/19/2006) 122 ORDER of DISMISSAL Civil action is dismissed without prejudice, for lack of subject matter jurisdiction . Signed by Judge Richard P. Matsch on 6/23/06. (gms, ) (Entered: 06/23/2006) 123 MOTION for Attorney Fees and Costs by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Exhibit A part 1# 2 Exhibit A part 2# 3 Exhibit A part 3# 4 Exhibit A part 4# 5 Exhibit A part 6# 6 Exhibit A part 7# 7 Exhibit A part 8# 8 Exhibit A part 9# 9 Exhibit A part 10# 10 Exhibit B part 1# 11 Exhibit B part 2# 12 Exhibit B part 3# 13 Exhibit B part 5# 14 Exhibit A part 4# 15 Exhibit B part 4)(Hertzke, Billy-George) (Entered: 07/07/2006) 124 NOTICE OF APPEAL as to 122 Order Dismissing Case Without Prejudice For Lack Of Subject Matter Jurisdiction by Plaintiff Kirk Warren (Cliff, Julie) (Entered: 07/24/2006) 125 LETTER re Appeal to all counsel advising of the transmittal of the 124 Notice of Appeal to the U.S. Court of Appeals. (Retained counsel, Fees paid) (Attachments: # 1 Receipt # 2 Notice of Appeal# 3 Docket Sheet) (djs, ) (Entered: 07/25/2006) 126 USCA Case Number 06-1305 for 124 Notice of Appeal filed by Kirk Warren. (djs, ) (Entered: 07/28/2006) 127 MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Fees and Costs 123 by Plaintiff Kirk Warren. (Attachments: # 1 Exhibit 1)(Cliff, Julie) (Modified on 7/31/2006 to add linkage) (lamsl, ). (Entered: 07/28/2006) 128 MOTION for Reconsideration of Order of Dismissal for Lack of Subject Matter Jurisdiction 122 by Plaintiff Kirk Warren. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Cliff, Julie) (Modified on 7/31/2006 to add linkage) (lamsl, ). (Entered: 07/28/2006) 129 RESPONSE to Motion re 127 MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Fees and Costs filed by Defendant American Bankers Insurance of Florida. (Hertzke, BillyGeorge) (Entered: 07/29/2006) 130 Docket Annotation re: 128 MOTION for Reconsideration of Order of Dismissal for Lack of Subject Matter Jurisdiction. This entry was modified to add linkage to Doc. # 122, the Order of Dismissal. Text only entry - no document attached. (lamsl, ) (Entered: 07/31/2006) 131 Docket Annotation re: 127 MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Fees and Costs. This entry was modified to add linkage to Doc. # 123, the Motion for Fees and

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01876-RPM Document 151-3

Filed 10/18/2006

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Costs. Text only entry - no document attached. (lamsl, ) (Entered: 07/31/2006) 08/03/2006 08/04/2006 132 TRANSCRIPT ORDER FORM re 124 Notice of Appeal by Plaintiff Kirk Warren (Cliff, Julie) (Entered: 08/03/2006) 133 Docket Annotation re: 132 Transcript Order Form. The PDF to this docket entry belongs to another case. Counsel will refile corrected TOF. Text only entry - no document attached. (bjr2, ) (Entered: 08/04/2006) 134 TRANSCRIPT ORDER FORM re 124 Notice of Appeal by Plaintiff Kirk Warren (Cliff, Julie) (Entered: 08/04/2006) 135 LETTER re Appeal to all counsel advising that the record on appeal is now complete as to 124 Notice of Appeal. (djs, ) (Entered: 08/07/2006) 136 REPLY to Response to Motion re 127 MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Fees and Costs filed by Plaintiff Kirk Warren. (Attachments: # 1 Exhibit 1)(Cliff, Julie) (Entered: 08/14/2006) 137 MOTION to Strike 128 MOTION for Reconsideration of Order of Dismissal for Lack of Subject Matter Jurisdiction by Defendant American Bankers Insurance of Florida. (Hertzke, Billy-George) (Entered: 08/18/2006) 138 RESPONSE to Motion re 128 MOTION for Reconsideration of Order of Dismissal for Lack of Subject Matter Jurisdiction filed by Defendant American Bankers Insurance of Florida. (Hertzke, Billy-George) (Entered: 08/18/2006) 139 RESPONSE to Motion re 123 MOTION for Attorney Fees and Costs filed by Plaintiff Kirk Warren. (Cliff, Julie) (Entered: 08/21/2006) 140 REPLY to Response to Motion re 128 MOTION for Reconsideration of Order of Dismissal for Lack of Subject Matter Jurisdiction filed by Plaintiff Kirk Warren. (Attachments: # 1 Exhibit 1)(Cliff, Julie) (Entered: 09/01/2006) 141 RESPONSE to Motion re 137 MOTION to Strike 128 MOTION for Reconsideration of Order of Dismissal for Lack of Subject Matter Jurisdiction filed by Plaintiff Kirk Warren. (Cliff, Julie) (Entered: 09/07/2006) 142 REPLY to Response to Motion re 123 MOTION for Attorney Fees and Costs filed by Defendant American Bankers Insurance of Florida. (Hertzke, Billy-George) (Entered: 09/08/2006) 143 REPLY to Response to Motion re 137 MOTION to Strike 128 MOTION for Reconsideration of Order of Dismissal for Lack of Subject Matter Jurisdiction filed by Defendant American Bankers Insurance of Florida. (Attachments: # 1 Exhibit A-1)(Hertzke, Billy-George) (Entered: 09/11/2006)

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01876-RPM Document 151-3

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144 ORDER denying 123 Defendant's Motion for Attorney Fees and denying 128 Plaintiff's Motion for Reconsideration. Signed by Judge Richard P. Matsch on 9/19/06.(lam, ) (Entered: 09/19/2006) 145 NOTICE OF APPEAL as to 144 Order on Motion for Attorney Fees, Order on Motion for Reconsideration by Defendant American Bankers Insurance of Florida (Hertzke, Billy-George) (Entered: 10/06/2006) 146 LETTER re Appeal to all counsel advising of the transmittal of the 145 Notice of Appeal filed by American Bankers Ins of Florida to the U.S. Court of Appeals. (Retained counsel; Fees not paid) (Attachments: # 1 Notice of Appeal# 2 Docket Sheet)(bjr2, ) (Entered: 10/10/2006) 147 TRANSCRIPT ORDER FORM re 145 Notice of Appeal by Defendant American Bankers Insurance of Florida (Hertzke, Billy-George) (Entered: 10/12/2006) 148 USCA Case Number 06-1440 for 145 Notice of Appeal filed by American Bankers Insurance of Florida. (bjr2, ) (Entered: 10/13/2006) 149 USCA Appeal Fees (USCA Case No. 06-1440); received $ 455 receipt number 271689 re 145 Notice of Appeal filed by American Bankers Insurance of Florida (bjr2, ) (Entered: 10/17/2006) 150 Amended NOTICE OF APPEAL as to 144 Order on Motion for Attorney Fees, Order on Motion for Reconsideration, 122 Order Dismissing Case by Plaintiff Kirk Warren (Cliff, Julie) (Entered: 10/17/2006)

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