BOSTON GAS COMPANY v. CENTURY INDEMNITY COMPANY Appeals Records

Case: 11-1931
Document: 00116247067 Page: 1 Date Filed: 08/17/2011 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
CLERKS CERTIFICATE AND APPEALS COVER SHEET ABBREVIATED ELECTRONIC RECORD
Entry ID: 5573079
Case Caption:
Boston Gas Company v. Century Indemnity Company Page 1 _________________________________________________________________
District Court Number: 02-cv-12062 _________________________________________________________________
Fee:
Paid?
Yes ____ No ____ Government filer ____ In Forma Pauperis Yes ____ No ____
Motions Pending If yes, document # Ex parte documents If yes, document #
Yes ____ No ____ _______________ Yes ____ No ____ _______________
Sealed documents If yes, document # Transcripts If yes, document #
Yes ____ No ____ _______________ Yes ____ No ____ 209, 271, 367, 385 _______________
Notice of Appeal filed by: Plaintiff/Petitioner ____ Appeal from:
Defendant/Respondent ____ Other: ____
Judgment Trans. 386-388, 390, 393-408, 410, 411, 413, 417-419, 434, 453, 536, 537
Other information:
I, Sarah Allison Thornton, Clerk of the United States District Court for the District of Massachusetts, do hereby certify that the annexed electronic documents: Notice of Appeal, Judgment with the electronic docket sheet, constitute the abbreviated record on appeal in the above entitled case for the 749 8/11/2011 Notice of Appeal, document # _________, filed on__________________.
8/11/2011 In testimony whereof, I hereunto set my hand and affix the seal of this Court on _____________.
SARAH ALLISON THORNTON Clerk of Court
/s/ Jeanette Ramos ____________________________ Deputy Clerk
COURT OF APPEALS DOCKET NUMBER ASSIGNED:
___________________________________
PLEASE RETURN TO THE USDC CLERKS OFFICE
Case: 11-1931
Document: 00116247067 Page: 2 Date Filed: 08/17/2011 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
CLERKS CERTIFICATE AND APPEALS COVER SHEET ABBREVIATED ELECTRONIC RECORD
Entry ID: 5573079
Case Caption:
Boston Gas Company v. Century Indemnity Company Page 2 _________________________________________________________________
District Court Number: 02-cv-12062 _________________________________________________________________
Fee:
Paid?
Yes ____ No ____ Government filer ____ In Forma Pauperis Yes ____ No ____
Motions Pending If yes, document # Ex parte documents If yes, document #
Yes ____ No ____ _______________ Yes ____ No ____ _______________
Sealed documents If yes, document # Transcripts If yes, document #
Yes ____ No ____ _______________ Yes ____ No ____ 541, 542, 546, 548 _______________
Notice of Appeal filed by: Plaintiff/Petitioner ____ Appeal from:
Defendant/Respondent ____ Other: ____
Judgment Trans. 549, 552, 558, 605, 623
Other information:
I, Sarah Allison Thornton, Clerk of the United States District Court for the District of Massachusetts, do hereby certify that the annexed electronic documents: Notice of Appeal, Judgment with the electronic docket sheet, constitute the abbreviated record on appeal in the above entitled case for the 749 8/11/2011 Notice of Appeal, document # _________, filed on__________________.
8/11/2011 In testimony whereof, I hereunto set my hand and affix the seal of this Court on _____________.
SARAH ALLISON THORNTON Clerk of Court
/s/ Jeanette Ramos ____________________________ Deputy Clerk
COURT OF APPEALS DOCKET NUMBER ASSIGNED:
___________________________________
PLEASE RETURN TO THE USDC CLERKS OFFICE
Case: 11-1931
Document: 00116247067
Page: 3
Date Filed: 08/17/2011
Entry ID: 5573079
APPEAL, ASBCS, REMAND
United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:02cv12062PBS
Boston Gas Company v. Century Indemnity Assigned to: Judge Patti B. Saris Demand: $0 Case in other court: First Circuit, 0701452 Cause: 28:1332 DiversityInsurance Contract Plaintiff Boston Gas Company doing business as Keyspan Energy Delivery Date Filed: 10/22/2002 Jury Demand: None Nature of Suit: 110 Insurance Jurisdiction: Federal Question
represented by Barry J. Fleishman Dickstein Shapiro Morin &Oshinsky LLP 2101 L Street N.W. Washington, DC 20037 2029556604 Fax: 2028870689 LEAD ATTORNEY ATTORNEY TO BE NOTICED David L. Elkind Dickstein, Shapiro &Morin 1825 Eye Street, NW Washington, DC 200065403 2024202200 Fax: 2024202201 Email: ElkindD@dsmo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED John A. Gibbons Dickstein Shapiro Morin &Oshinsky LLP 1825 Eye Street, NW Washington, DC 200065403 2024202200 Fax: 2024202201 Email: GibbonsJ@DSMO.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Julie F. Pruitt Barry Nutter, McClennen &Fish, LLP World Trade Center West 155 Seaport Boulevard Boston, MA 022102699 6174392831 Fax: 6173109831 Email: JPBarry@nutter.com TERMINATED: 04/29/2005
Case: 11-1931
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LEAD ATTORNEY ATTORNEY TO BE NOTICED Kenneth B. Trotter Dickstein Shapiro 1825 Eye Street, NW Washington, DC 200065403 2024202912 Fax: 2024202201 Email: TrotterK@dicksteinshapiro.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark H. Kolman Dickstein Shapiro Morin &Oshinsky LLP 1825 Eye Street,NW Washington, DC 200065403 2024202200 Fax: 2024202201 LEAD ATTORNEY ATTORNEY TO BE NOTICED Martin C. Pentz Foley Hoag LLP World Trade Center West 155 Seaport Boulevard Boston, MA 022102600 6178321000 Fax: 6178327000 Email: mpentz@foleyhoag.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
V. Defendant Century Indemnity Company represented by Barry H. Goldstein O'Melveny &Myers LLP (NY) 7 Times Square Times Square Tower New York, NY 10036 2123262448 Fax: 2123262061 LEAD ATTORNEY ATTORNEY TO BE NOTICED David B. Chaffin White and Williams LLP 99 Summer Street Suite 1530 Boston, MA 02110
Case: 11-1931
Document: 00116247067
Page: 5
Entry ID: 5573079
6177485200 Fax: 6177485201 Email: chaffind@whiteandwilliams.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeehae Jennifer Koh O'Melvery &Meyers Times Square Tower 7 Times Square New York, NY 10036 LEAD ATTORNEY ATTORNEY TO BE NOTICED Patricia B. Santelle White and Williams LLP 1650 Market Street One Liberty Place Suite 1800 Philadelphia, PA 191037395 2158646205 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Paul R. Koepff O'Melveny &Myers Citicorp Center 153 E. 53rd Street New York, NY 10022 2123262000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Shane R. Heskin White and Williams LLP 1800 One Liberty Place 1650 Market St. Philadelphia, PA 191037395 2158646329 Fax: 2153999603 Email: heskins@whiteandwilliams.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Movant Mendes &Mount, LLP ThirdParty Defendant Travelers Casualty and Surety Company represented by John A. Nadas Choate, Hall &Stewart
Case: 11-1931
Document: 00116247067
Page: 6
Entry ID: 5573079
TERMINATED: 06/10/2003 formerly known as Aetna Casualty &Surety, Co. TERMINATED: 06/10/2003
Two International Place 100150 Oliver Street Boston, MA 02110 6172485000 Fax: 6172484000 Email: jnadas@choate.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amicus Complex Insurance Claims Litigation Association represented by William P. Mekrut Murphy &Riley, PC 101 Summer Street, 2nd Flr. Boston, MA 02110 6174233700 Email: WMekrut@MurphyRiley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Counter Claimant Century Indemnity Company represented by Barry H. Goldstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David B. Chaffin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul R. Koepff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shane R. Heskin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
V. Counter Defendant Boston Gas Company doing business as Keyspan Energy Delivery represented by David L. Elkind Dickstein, Shapiro &Morin 2101 L Street, N.W. Washington, DC 20037 2029956603 Fax: 2028870689 Email: ElkindD@dsmo.com
Case: 11-1931
Document: 00116247067
Page: 7
Entry ID: 5573079
LEAD ATTORNEY ATTORNEY TO BE NOTICED Kenneth B. Trotter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Martin C. Pentz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Barry J. Fleishman (See above for address) ATTORNEY TO BE NOTICED ThirdParty Plaintiff Century Indemnity Company represented by Barry H. Goldstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David B. Chaffin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul R. Koepff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shane R. Heskin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
V. ThirdParty Defendant Associated Electric &Gas Insurance Services Limited TERMINATED: 06/01/2005 represented by Alan S. Rutkin Rivkin Radler, LLP EAB Plaza Uniondale, NY 115560111 LEAD ATTORNEY ATTORNEY TO BE NOTICED George D. Kappus Rivkin Radler,LLP EAB PLAZA
Case: 11-1931
Document: 00116247067
Page: 8
Entry ID: 5573079
Uniondale, NY 115560111 5163573211 Fax: 5163573333 Email: george.kappus@rivkin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED James B. Conroy Donnelly, Conroy &Gelhaar, LLP One Beacon Street 33rd Floor Boston, MA 02108 6177202880 Fax: 6177203554 Email: jbc@dcglaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED John L. Rivkin Rivkin Radler, LLP EAB Plaza Uniondale, NY 115560111 LEAD ATTORNEY ATTORNEY TO BE NOTICED ThirdParty Defendant Aetna Casualty &Surety, Co. represented by John A. Nadas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
ThirdParty Defendant The Hartford Insurance Company represented by Edward D. Shoulkin Taylor, Duane, Barton &Gilman, LLP 160 Federal Street 5th Floor Boston, MA 02110 6176548200 Fax: 6174825350 Email: eshoulkin@taylorduane.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven G. Adams Melito &Adolfsen P.C. 233 Broadway Woolworth Building New York, NY 10279 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Case: 11-1931
Document: 00116247067
Page: 9
Entry ID: 5573079
ThirdParty Defendant Certain Underwriters of Lloyd's, London TERMINATED: 09/02/2010 represented by Carrie Gallagher Mendes &Mount, LLP 750 Seventh Avenue New York, MA 100196829 TERMINATED: 05/17/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason W. Snell Mendes &Mount, LLP 750 Seventh Avenue New York , NY 100196829 TERMINATED: 05/17/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED John T. Harding Morrison Mahoney LLP 250 Summer Street Boston, MA 02210 6174397558 Fax: 6173424888 Email: jharding@morrisonmahoney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert P. Firriolo Mendes &Mount LLP 750 Seventh Avenue New York, NY 100196829 LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen T. Roberts Mendes &Mount, LLP 750 Seventh Avenue New York, NY 100196829 2122618000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J. Quinn , Jr. Mendes &Mount LLP 750 Seventh Avenue New York, NY 100196829 2122618000 LEAD ATTORNEY ATTORNEY TO BE NOTICED ThirdParty Defendant
Case: 11-1931
Document: 00116247067
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Entry ID: 5573079
Certain London Market Insurance Companies TERMINATED: 09/02/2010
represented by Carrie Gallagher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason W. Snell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John T. Harding (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John McAndrews Mendes &Mount 750 Seventh Avenue New York, NY 100196829 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert P. Firriolo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen T. Roberts (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J. Quinn , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
ThirdParty Plaintiff Century Indemnity Company
V. ThirdParty Defendant Certain London Market Insurance Companies TERMINATED: 09/02/2010 ThirdParty Defendant Associated Electric &Gas Insurance Services Limited
Case: 11-1931
Document: 00116247067
Page: 11
Entry ID: 5573079
TERMINATED: 06/01/2005 ThirdParty Defendant Aetna Casualty &Surety, Co. ThirdParty Defendant The Hartford Insurance Company ThirdParty Defendant Certain Underwriters of Lloyd's, London TERMINATED: 09/02/2010 Counter Claimant Associated Electric &Gas Insurance Services Limited
V. Counter Defendant Century Indemnity Company
Date Filed 10/22/2002
# 1
Page
Docket Text Complaint filed. Case assigned to Judge: Zobel. Receipt #: 42699 Amount:$ 150.00. Fee Status: pd (jdj) (Entered: 10/23/2002) Summons issued for Century Indemnity (jdj) (Entered: 10/23/2002)
10/23/2002 10/23/2002 2
Motion by Boston Gas Company for David Elkind &Kenneth Trotter to appear pro hac vice fee status: pd fee amt: $100.00 Receipt #: 42728 , filed cs. (jdj) (Entered: 10/23/2002) Judge Rya W. Zobel . Endorsed Order entered granting [21] motion for David Elkind &Kenneth Trotter to appear pro hac vice fee status: pd fee amt: $100.00 Receipt #: 42728 Added . [EOD Date 10/23/02] (jdj) (Entered: 10/23/2002)
10/23/2002
11/12/2002
Return of service executed as to Century Indemnity with service on 10/31/02 filed. Answer due on 11/20/02 for Century Indemnity (jdj) (Entered: 11/13/2002) Amended complaint by Boston Gas Company filed. (Answer due 11/28/02 for Century Indemnity ) . Amended complaint amends [11] complaint . (jdj) (Entered: 11/19/2002)
11/18/2002
Case: 11-1931
Document: 00116247067
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Entry ID: 5573079
11/25/2002
(Assented to) Motion by Century Indemnity to extend time to 12/20/02 to respond to amended complaint , filed. (jdj) (Entered: 11/25/2002) Judge Rya W. Zobel . Endorsed Order entered granting [51] motion to extend time to 12/20/02 to respond to amended complaint . cc/cl [EOD Date 12/3/02] (jdj) (Entered: 12/03/2002)
12/03/2002
12/04/2002 12/19/2002
6 7
Notice of appearance of attorney for Century Indemnity by David B. Chaffin, filed. (jdj) (Entered: 12/05/2002) (Assented to) Motion by Century Indemnity to extend time to 12/31/02 to respond to amended complaint , filed. (jdj) (Entered: 12/23/2002) Answer by Century Indemnity to complaint , filed. (jdj) (Entered: 01/08/2003) Counterclaim by Century Indemnity against Boston Gas Company , filed. (jdj) (Entered: 01/22/2003) Judge Rya W. Zobel . Endorsed Order entered granting [71] motion to extend time to 12/31/02 to respond to amended complaint . cc/cl [EOD Date 1/2/03] (jdj) (Entered: 01/02/2003)
12/31/2002 12/31/2002 01/02/2003
8 8
01/15/2003
Judge Rya W. Zobel . Notice of Hearing/conference: set scheduling conference for 2:00 2/18/03 . cc/cl (jdj) (Entered: 01/15/2003) Answer by Boston Gas Company to [81] counter claim , filed. (jdj) (Entered: 01/22/2003) Motion by Boston Gas Company for Barry J. Fleishman to appear pro hac vice fee status: pd fee amt: $50.00 Receipt #: 44661 , filed. (jdj) (Entered: 01/27/2003) Second Amended complaint by Boston Gas Company filed. (Answer due 2/6/03 for Century Indemnity ) . Amended complaint amends [41] amended complaint . (jdj) (Entered: 01/27/2003) Motion by Century Indemnity for Paul R. Koepff &Amy B. Schramm to appear pro hac vice fee status: pd fee amt: $100.00 Receipt #: 44727 , filed cs. (jdj) (Entered: 01/30/2003) Judge Rya W. Zobel . Endorsed Order entered granting [131] motion for Paul R. Koepff &Amy B. Schramm to appear pro hac vice fee status: pd fee amt: $100.00 Receipt #: 44727 Added Paul R. Koepff . cc/cl [EOD Date 1/30/03] (jdj) (Entered: 01/30/2003)
01/21/2003 01/24/2003
10 11
01/27/2003
12
01/29/2003
13
01/30/2003
02/04/2003
14
Motion by Boston Gas Company to extend time to 2/28/03 to make initial disclosures , filed. (jdj) (Entered:
10
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02/05/2003) 02/10/2003 02/11/2003 15 Answer by Century Indemnity to complaint , filed cs. (jdj) (Entered: 02/11/2003) Judge Rya W. Zobel . Endorsed Order entered granting [141] motion to extend time to 2/28/03 to make initial disclosures . cc/cl [EOD Date 2/11/03] (jdj) (Entered: 02/11/2003) 16 Joint statement by Boston Gas Company, Century Indemnity , re: proposed schedule, filed. (jdj) (Entered: 02/12/2003) Judge Rya W. Zobel . Endorsed Order entered granting [111] motion for Barry J. Fleishman to appear pro hac vice fee status: pd fee amt: $50.00 Receipt #: 44661 Added . [EOD Date 2/12/03] cc/cl (jdj) (Entered: 02/12/2003) 17 Judge Rya W. Zobel . Notice of Hearing/conference: reset scheduling conference for 2:00 2/27/03 . Entered cc/cl . (lau) (Entered: 02/19/2003) Letter by Julie F. Pruitt Barry dated: 2/27/03 to: David B. Chaffin re: rescheduling of conference to 3/18/03 2:30 filed. (jdj) (Entered: 02/28/2003) Joint motion by Boston Gas Company, Century Indemnity for protective order , filed. . (jdj) (Entered: 03/04/2003) Judge Rya W. Zobel . Scheduling Order entered setting Joining of parties, amending of pleadings on 4/1/03 Scheduling conference set for 2:00 3/17/04 . automatic discovery 5/15/03, fact discovery 11/26/03;expert discovery 2/27/03 [EOD Date 3/19/03] (jdj) (Entered: 03/19/2003) Judge Rya W. Zobel . Order entered, set amended pleadings due for 4/1/03 , set fact discovery due for 11/30/03; expert discovery shall be complete by 2/27/04 , set scheduling conference for 2:00 3/17/04 . cc/cl [EOD Date 3/21/03] (jdj) (Entered: 03/21/2003) (Unopposed) Motion by Century Indemnity for leave to serve third party summons and third party complaint , filed cs. (jdj) Modified on 04/03/2003 (Entered: 04/03/2003) Memorandum by Century Indemnity in support of [221] motion for leave to serve third party summons and third party complaint , filed. (jdj) (Entered: 04/03/2003) Judge Rya W. Zobel . Endorsed Order entered granting [221] motion for leave to serve third party summons and
02/11/2003
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02/28/2003
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Entry ID: 5573079
third party complaint . cc/cl [EOD Date 4/4/03] (jdj) (Entered: 04/04/2003) 04/04/2003 24 Thirdparty complaint by Century Indemnity against Associated Electric, Aetna Casualty, Hartford Insurance, Certain Underwriters, Certain London Ins filed. (jdj) (Entered: 04/04/2003) Third Party Return of service executed as to Aetna Casualty, Hartford Insurance, Certain London Ins with service on 4/15/03 filed. Answer due on 5/5/03 for Certain Underwriters, for Hartford Insurance, for Aetna Casualty (jdj) (Entered: 04/22/2003) Third Party Return of service executed as to Associated Electric with service on 4/18/03 filed. (jdj) Modified on 05/06/2003 (Entered: 05/05/2003) (Assented to) Motion by Hartford Insurance to extend time to 6/6/03 to respond to 3rd party complaint , filed. (jdj) Modified on 05/06/2003 (Entered: 05/06/2003) Notice of appearance of attorney for Aetna Casualty by John A. Nadas, filed. (jdj) (Entered: 05/06/2003) (Assented to) Motion by Travelers Casualty to extend time to 6/6/03 to respond to third party complaint and to provide automatic disclosure , filed cs. (jdj) (Entered: 05/06/2003) Judge Rya W. Zobel . Endorsed Order entered granting [291] motion to extend time to 6/6/03 to respond to third party complaint and to provide automatic disclosure . [EOD Date 5/8/03] cc/cl (jdj) (Entered: 05/08/2003) Judge Rya W. Zobel . Endorsed Order entered granting [271] motion to extend time to 6/6/03 to respond to 3rd party complaint . cc/cl [EOD Date 5/8/03] (jdj) (Entered: 05/08/2003) 30 (Assented to) Motion by Associated Electric to extend time to 6/6/03 to respond to 3rd party complaint and serve initial disclosures , filed. (jdj) (Entered: 05/09/2003) Judge Rya W. Zobel . Endorsed Order entered granting [301] motion to extend time to 6/6/03 to respond to 3rd party complaint and serve initial disclosures. Entered cc/cl . [EOD Date 5/9/03] (lau) (Entered: 05/09/2003) 31 (Assented to) MOTION for Leave to Appear Pro Hac Vice by George D. Kappus Filing fee $ 50, receipt number 47615. by Associated Electric &Gas Insurance Services Limited.(Johnson, Jay) (Entered: 05/30/2003) (Assented to) MOTION for Leave to Appear Pro Hac Vice by John L.Rivkin Filing fee $ 50, receipt number
04/18/2003
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05/08/2003
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47615. by Associated Electric &Gas Insurance Services Limited.(Johnson, Jay) (Entered: 05/30/2003) 05/30/2003 Judge Rya W. Zobel : Electronic ORDER entered granting 31 Motion for Leave to Appear Pro Hac Vice Added George D. Kappus for Associated Electric &Gas Insurance Services Limited. cc/cl (Johnson, Jay) (Entered: 05/30/2003) Judge Rya W. Zobel : Electronic ORDER entered granting 32 Motion for Leave to Appear Pro Hac Vice Added John L. Rivkin for Associated Electric &Gas Insurance Services Limited. cc/cl (Johnson, Jay) (Entered: 05/30/2003) 33 Judge Rya W. Zobel : ORDER entered :STIPULATED PROTECTIVE ORDER. cc/cl(Johnson, Jay) (Entered: 06/02/2003) Judge Rya W. Zobel : Electronic ORDER entered granting 19 Motion for Protective Order. cc/cl (Johnson, Jay) (Entered: 06/02/2003) 35 AFFIDAVIT in Support re 34 MOTION for Leave to Appear Pro Hac Vice by Steven G. Adams Filing fee $ 150.00, receipt number 47867. filed. (Johnson, Jay) (Entered: 06/05/2003) L.R. 7.3(A) Document disclosureStatement by The Hartford Insurance Company.(Johnson, Jay) (Entered: 06/06/2003) (Assented to) MOTION for Extension of Time to 6/6/03 to File Answer re 24 Third Party Complaint by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London.filed cs(Johnson, Jay) (Entered: 06/06/2003) MOTION for Leave to Appear Pro Hac Vice by Steven G. Adams Filing fee $ 150.00, receipt number 47867. by The Hartford Insurance Company.filed cs(Johnson, Jay) (Entered: 06/05/2003) Judge Rya W. Zobel : Electronic ORDER entered granting 34 Motion for Leave to Appear Pro Hac Vice Added Steven G. Adams for The Hartford Insurance Company. cc/cl (Johnson, Jay) (Entered: 06/05/2003) 36 ANSWER to Third Party Complaint by The Hartford Insurance Company.filed cs(Johnson, Jay) (Entered: 06/05/2003) ANSWER to Third Party Complaint by Associated Electric &Gas Insurance Services Limited.filed cs(Johnson, Jay) (Entered: 06/10/2003)
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06/05/2003
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Mandatory Initial disclosure by Associated Electric &Gas Insurance Services Limited.(Johnson, Jay) (Entered: 06/10/2003) CORPORATE DISCLOSURE STATEMENT by Associated Electric &Gas Insurance Services Limited. (Johnson, Jay) (Entered: 06/10/2003) Judge Rya W. Zobel : ORDER entered granting 38 Motion for Extension of Time to Answer re 24 Third Party Complaint .cc/cl (Johnson, Jay) (Entered: 06/06/2003)
06/05/2003
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06/06/2003
06/06/2003
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CORPORATE DISCLOSURE STATEMENT by Certain London Market Insurance Companies.filed cs(Johnson, Jay) (Entered: 06/10/2003) ANSWER to Third Party Complaint by Certain London Market Insurance Companies.filed cs(Johnson, Jay) (Entered: 06/10/2003) NOTICE of Voluntary Dismissal by Century Indemnity Company claims against 3rd party defendant Travelers Casualty and Surety Co.filed cs (Johnson, Jay) (Entered: 06/10/2003) (UNOPPOSED) MOTION for Extension of Time to 6/25/03 to respond to first set of interrogatories by Boston Gas Company.filed cs(Johnson, Jay) (Entered: 06/12/2003) Judge Rya W. Zobel : Endorsed ORDER entered granting 45 Motion for Extension of Time to respond to defendant's first ret of intrrogatories. cc/cl (Johnson, Jay) (Entered: 06/18/2003)
06/06/2003
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06/09/2003
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06/09/2003
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06/18/2003
07/08/2003
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MOTION for Leave to Appear Pro Hac Vice by John A. Gibbons Filing fee $ 50.00, receipt number 48750. by Boston Gas Company.(Holahan, Sandra) (Entered: 07/18/2003) MOTION for Leave to Appear Pro Hac Vice by Thomas J. Quinn and Stephen T. Roberts by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London.(Rynne, Michelle) (Entered: 07/22/2003) DECLARATION of Thomas J. Quinn re 47 MOTION for Leave to Appear Pro Hac Vice by Thomas J. Quinn and Stephen T. Roberts. (Rynne, Michelle) (Entered: 07/22/2003) DECLARATION of Stephen T. Roberts re 47 MOTION for Leave to Appear Pro Hac Vice by Thomas J. Quinn and Stephen T. Roberts. (Rynne, Michelle) (Entered: 07/22/2003)
07/14/2003
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07/14/2003
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Entry ID: 5573079
07/23/2003
Judge Rya W. Zobel : Endorsed ORDER entered granting 46 Motion for Leave to Appear Pro Hac Vice Added John A. Gibbons for Boston Gas Company. cc/cl (Johnson, Jay) (Entered: 07/23/2003) 50 MOTION to Amend 20 Scheduling Order to compel Boston Gas responses to interrogatories and document requests and for a protective order, by Century Indemnity Company.filed cs(Johnson, Jay) (Entered: 07/25/2003) AFFIDAVIT of Amy Schramm re 50 MOTION to Amend 20 Scheduling Order, by Century Indemnity Company. (Johnson, Jay) (Entered: 07/25/2003) AFFIDAVIT of David B. Chaffin re 50 MOTION to Amend 20 Scheduling Order, by Century Indemnity Company. (Johnson, Jay) (Entered: 07/25/2003) Letter/request (nonmotion) for hearing from David Chaffin.filed cs (Johnson, Jay) (Entered: 07/28/2003) Judge Rya W. Zobel : ENDORSED ORDER entered denying 47 Motion for Leave to Appear Pro Hac Vice for lack of filing fee. cc/cl (Johnson, Jay) (Entered: 07/29/2003) 54 DEFENDANT CENTURY INDEMNITY COMPANY'S MOTIONS (i) TO AMEND THE SCHEDULING ORDER; (ii) TO COMPEL BOSTON GAS' RESPONSES TO INTERROGATORIES AND DOCUMENT REQUESTS; AND (iii) FOR A PROTECTIVE ORDER TO ADJOURN THE RULE 30(B)(6) DEPOSITION NOTICED FOR JULY 25, 2003.(Greenberg, Rebecca) (Entered: 07/31/2003) MEMORANDUM in Opposition re 50 MOTION to Amend 20 Scheduling Order, to Compel Boston Gas Responses to Interrogatories and Document Requests and For Protective Order filed by Century Indemnity Company.filed cs (Johnson, Jay) (Entered: 08/12/2003) MOTION for Leave to Appear Pro Hac Vice by Jason W. Snell (Thomas J. Quinn and Stephen T. Roberts) Filing fee $ 150.00, receipt number 49556. by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London.(Johnson, Jay) (Entered: 08/13/2003) NOTICE of Joinder by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London re 50 MOTION to Amend 20 Scheduling Order. cs (Johnson, Jay) (Entered: 08/13/2003) Judge Rya W. Zobel : Endorsed ORDER entered granting 56 Motion for Leave to Appear Pro Hac Vice Added Jason W. Snell for Certain London Market Insurance
07/24/2003
07/24/2003
51
07/24/2003
52
07/25/2003 07/29/2003
53
07/29/2003
08/08/2003
55
08/08/2003
56
08/12/2003
57
08/13/2003
15
Case: 11-1931
Document: 00116247067
Page: 18
Entry ID: 5573079
Companies and Certain Underwriters of Lloyd's, London. cc/cl (Johnson, Jay) (Entered: 08/13/2003) 08/18/2003 58 MOTION for Leave to File a reply memorandum in support of Century Indemnity's motions to amend the scheduling order; to compel Boston Gas responses to interrogatories and document requests and; for a protective order to adjourn 30b(6) deposition noticed for 7/25/03 by Century Indemnity Company. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Johnson, Jay) (Entered: 08/19/2003) AFFIDAVIT of Shane R. Heskin. (Filo, Jennifer) (Entered: 08/27/2003) MOTION for Leave to Appear Pro Hac Vice by Alan S. Rutkin Filing fee $ 50.00, receipt number 49891. by Associated Electric &Gas Insurance Services Limited.(Johnson, Jay) (Entered: 08/29/2003) Judge Rya W. Zobel : Endorsed ORDER entered granting 60 Motion for Leave to Appear Pro Hac Vice Added Alan S. Rutkin for Associated Electric &Gas Insurance Services Limited.cc/cl (Johnson, Jay) (Entered: 08/29/2003) 61 AMENDED AFFIDAVIT of Shane R. Heskin by Century Indemnity Company. (Johnson, Jay) (Entered: 08/29/2003) MOTION for Leave to Appear Pro Hac Vice by Barry H. Goldstein and Shane R. Heskin Filing fee $ 100.00, receipt number 49905. by Century Indemnity Company.(Johnson, Jay) (Entered: 09/03/2003) Judge Rya W. Zobel : Endorsed ORDER entered granting 62 Motion for Leave to Appear Pro Hac Vice Added Barry H. Goldstein for Century Indemnity Company; (Johnson, Jay) (Entered: 09/03/2003) 63 RESPONSE to Motion re 58 MOTION for Leave to File reply brief filed by Boston Gas Company. (Johnson, Jay) (Entered: 09/04/2003) Judge Rya W. Zobel : Endorsed ORDER entered granting 58 Motion for Leave to File reply memorandum. cc/cl (Johnson, Jay) (Entered: 09/05/2003) 64 REPLY to Response to Motion re 54 MOTION to Amend MOTION to Compel MOTION to Compel MOTION for Protective Order MOTION for Protective Order filed by Century Indemnity Company. (Johnson, Jay) (Entered: 09/08/2003) AFFIDAVIT of Shane R. Heskin by Century Indemnity
08/22/2003 08/25/2003
59 60
08/27/2003
08/28/2003
08/28/2003
62
09/03/2003
09/03/2003
09/05/2003
09/08/2003
09/08/2003
65
16
Case: 11-1931
Document: 00116247067
Page: 19
Entry ID: 5573079
Company. (Johnson, Jay) (Entered: 09/08/2003) 09/26/2003 66 Letter/request (nonmotion) from John T. Harding regarding request to schedule conference. (Johnson, Jay) (Entered: 09/30/2003) Judge Rya W. Zobel : endorsed ORDER entered granting in part and denying in part 50 Motion to Amend. Defendant's motion to amend the scheduling order is allowed. All fact discovery shall be completed by 4/30/04, and all expert discovery be completed by 7/30/04; scheduling conference previousl set for 3/17/04 is continued to 8/17/04 at 2:00. The motion to compel is denied. The motion for protective order is allowed. The Rule 30(b)(6) deposition of defendant shall be conducted by 1/30/04. (Urso, Lisa) (Entered: 10/20/2003) MOTION to Compel Discovery by Boston Gas Company.(Johnson, Jay) (Entered: 11/03/2003) MEMORANDUM in Support re 68 MOTION to Compel Discovery filed by Boston Gas Company. (Johnson, Jay) (Entered: 11/03/2003) (Assented to) MOTION for Extension of Time to 11/24/03 to File Response/Reply as to 68 MOTION to Compel by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London.(Johnson, Jay) (Entered: 11/13/2003) MEMORANDUM in Opposition re 68 MOTION to Compel Discovery filed by Certain London Market Insurance Companies. (Johnson, Jay) (Entered: 11/25/2003) AFFIDAVIT/DECLARATION in Support re 71 Memorandum in Opposition to Motion to Compel Discovery. (Johnson, Jay) (Entered: 11/25/2003) MOTION for Leave to File Reply In Support of Motion To Compel by Boston Gas Company.(Trotter, Kenneth) (Entered: 12/05/2003) CERTIFICATE OF SERVICE by Boston Gas Company re 73 MOTION for Leave to File Reply In Support of Motion To Compel. (Trotter, Kenneth) (Entered: 12/05/2003) (Assented to) MOTION for Leave to Appear Pro Hac Vice by Robert P. Firriolo Filing fee $ 50, receipt number 52564. by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London.(Johnson, Jay) (Entered: 12/19/2003) AFFIDAVIT in Support re 75 MOTION for Leave to
10/20/2003
67
10/31/2003 10/31/2003
68 69
11/12/2003
70
11/25/2003
71
11/25/2003
72
12/05/2003
73
12/05/2003
74
12/17/2003
75
12/17/2003
76
17
Case: 11-1931
Document: 00116247067
Page: 20
Entry ID: 5573079
Appear Pro Hac Vice by Robert P. Firriolo Filing fee $ 50, receipt number 52564.. (Johnson, Jay) (Entered: 12/19/2003) 12/30/2003 Judge Rya W. Zobel : Electronic ORDER entered granting 75 Motion for Leave to Appear Pro Hac Vice Added Robert P. Firriolo for Certain London Market Insurance Companies and Certain Underwriters of Lloyd's, London (Johnson, Jay) (Entered: 12/30/2003) Judge Rya W. Zobel : ELECTRONIC ORDER entered granting 70 Motion for Extension of Time to File Response/Reply re 70 MOTION for Extension of Time to 11/24/03 to File Response/Reply as to 68 MOTION to Compel (Johnson, Jay) (Entered: 01/07/2004) 77 MOTION to Compel Discovery by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London.(Johnson, Jay) (Entered: 01/29/2004) MEMORANDUM in Support re 77 MOTION to Compel Discovery filed by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London. (Johnson, Jay) (Entered: 01/29/2004) AFFIDAVIT of John T. Harding in Support re 77 MOTION to Compel Discovery. (Johnson, Jay) (Entered: 01/29/2004) Judge Rya W. Zobel : ELECTRONIC MOMORANDUM &ORDER entered granting in part and denying in part 68 Motion to Compel. (Johnson, Jay) (Entered: 01/29/2004) MOTION to Compel 30(b)(6) Testimony by Century Indemnity Company.(Johnson, Jay) (Entered: 01/30/2004) AFFIDAVIT of Shane R. Heskin re 81 MOTION to Compel by Century Indemnity Company. (Johnson, Jay) (Entered: 01/30/2004) MOTION to Sever ThirdParty Complaint or for Seperate Trials by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London.(Johnson, Jay) (Entered: 02/04/2004) MEMORANDUM in Support re 83 MOTION to Sever filed by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London. (Johnson, Jay) (Entered: 02/04/2004) AMENDED MOTION to Sever Third Party Complaint or for Seperate Trials by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London.(Johnson, Jay) (Entered: 02/09/2004)
01/07/2004
01/28/2004
01/28/2004
78
01/28/2004
79
01/28/2004
80
01/28/2004
81
01/28/2004
82
02/02/2004
83
02/02/2004
84
02/05/2004
85
18
Case: 11-1931
Document: 00116247067
Page: 21
Entry ID: 5573079
02/05/2004
86
AMENDED MEMORANDUM in Support re 85 MOTION to Sever filed by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London. (Johnson, Jay) (Entered: 02/09/2004) Opposition re 77 MOTION to Compel filed by Boston Gas Company. (Gibbons, John) (Entered: 02/10/2004) Opposition re 81 MOTION to Compel 30(b)(6) Testimony filed by Boston Gas Company. (Attachments: # 1 Exhibit)(Gibbons, John) (Entered: 02/11/2004) Opposition re 77 MOTION to Compel filed by Boston Gas Company. (Attachments: # 1 Exhibit)(Gibbons, John) (Entered: 02/13/2004) (Assented to) MOTION for Extension of Time to 3/4/04 to File Response/Reply as to 85 MOTION to Sever by Century Indemnity Company.(Johnson, Jay) (Entered: 02/18/2004) Judge Rya W. Zobel : ORDER entered granting in part and denying in part 81 Motion to Compel (Johnson, Jay) (Entered: 02/20/2004) Opposition re 85 MOTION to Sever filed by Boston Gas Company. (Gibbons, John) (Entered: 03/04/2004) MEMORANDUM in Opposition re 83 MOTION to Sever filed by Century Indemnity Company. (Johnson, Jay) (Entered: 03/08/2004) Affidavit of Shane R. Heskin. (Johnson, Jay) (Entered: 03/08/2004) MOTION for Partial Summary Judgment Seeking Joint and Several Liability For Insurance Coverage Obligations by Boston Gas Company.(Trotter, Kenneth) (Entered: 03/05/2004) MEMORANDUM OF LAW by Boston Gas Company to 93 MOTION for Partial Summary Judgment Seeking Joint and Several Liability For Insurance Coverage Obligations. (Attachments: # 1 Exhibit Affidavit of Kenneth B. Trotter# 2 Exhibit Affidavit of Neil S. Shifrin and unpublished cases)(Trotter, Kenneth) (Entered: 03/05/2004) MOTION for Protective Order and, MOTION to Quash Subpoena by Certain London Market Insurance Companies.(Johnson, Jay) (Entered: 03/09/2004) MEMORANDUM in Support re 97 MOTION for Protective Order MOTION to Quash filed by Certain London Market Insurance Companies. (Johnson, Jay) (Entered: 03/09/2004)
02/10/2004 02/11/2004
87 88
02/13/2004
89
02/13/2004
90
02/19/2004
91
03/04/2004 03/04/2004
92 95
03/04/2004 03/05/2004
96 93
03/05/2004
94
03/08/2004
97
03/08/2004
98
19
Case: 11-1931
Document: 00116247067
Page: 22
Entry ID: 5573079
03/08/2004
99
DECLARATION re 97 MOTION for Protective Order MOTION to Quash by Certain London Market Insurance Companies. (Johnson, Jay) (Entered: 03/09/2004) MOTION for Partial Summary Judgment Seeking Joint and Several Liability for Insurance Coverage Obligations by Boston Gas Company.(Johnson, Jay) (Entered: 03/09/2004) MEMORANDUM in Support re 100 MOTION for Partial Summary Judgment filed by Boston Gas Company. (Johnson, Jay) (Entered: 03/09/2004) STATEMENT of facts re 100 MOTION for Partial Summary Judgment. (Johnson, Jay) (Entered: 03/09/2004) Judge Rya W. Zobel : Electronic ORDER entered granting 90 Motion for Extension of Time to File Response/Reply re 90 MOTION for Extension of Time to 3/4/04 to File Response/Reply as to 85 MOTION to Sever Responses due by 3/4/2004 (Urso, Lisa) (Entered: 03/09/2004)
03/08/2004
100
03/08/2004
101
03/08/2004
102
03/09/2004
03/17/2004
103
MOTION for Leave to File Reply Brief (Assented to) by Certain London Market Insurance Companies.(Johnson, Jay) (Entered: 03/18/2004) NOTICE of Change of Address by (O'Melveny &Myers LLP) Barry H. Goldstein (Johnson, Jay) (Entered: 03/18/2004) Consent MOTION for Extension of Time to File Response/Reply as to 97 MOTION for Protective Order MOTION to Quash by Boston Gas Company.(Gibbons, John) (Entered: 03/18/2004) (Assented to) MOTION for Extension of Time to 4/9/04 to File Response/Reply as to 100 MOTION for Partial Summary Judgment by Century Indemnity Company.(Johnson, Jay) (Entered: 03/22/2004) Judge Rya W. Zobel : Electronic ORDER entered granting 103 Motion for Leave to File, granting 105 Motion for Extension of Time to File Response/Reply, granting 106 Motion for Extension of Time to File Response/Reply (Urso, Lisa) (Entered: 03/23/2004)
03/17/2004
104
03/18/2004
105
03/19/2004
106
03/23/2004
03/26/2004
108
REPLY to Response to Motion re 85 MOTION to Sever filed by Certain London Market Insurance Companies. (Johnson, Jay) (Entered: 03/30/2004) MEMORANDUM in Opposition re 97 MOTION for Protective Order MOTION to Quash filed by Boston Gas Company. (Attachments: # 1 Affidavit of David L.
03/29/2004
107
20
Case: 11-1931
Document: 00116247067
Page: 23
Entry ID: 5573079
Elkind# 2 Appendix to Opposition)(Gibbons, John) (Entered: 03/29/2004) 03/30/2004 Judge Rya W. Zobel : electronic ORDER entered finding as moot 83 Motion to Sever. Amended motion filed 2/5/04. (Urso, Lisa) (Entered: 03/30/2004) 109 MOTION for Leave to File Reply Brief (Assented to) by Certain London Market Insurance Companies.(Johnson, Jay) (Entered: 04/08/2004) (Assented to) MOTION for Extension of Time to 4/19/04 to File Response/Reply as to 100 MOTION for Partial Summary Judgment by Century Indemnity Company.(Johnson, Jay) (Entered: 04/13/2004) (Assented to) AMENDED MOTION for Leave to File Reply Brief by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London.(Johnson, Jay) (Entered: 04/13/2004) MOTION to Strike Declaration of David Elkind by Mendes &Mount, LLP, Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London.(Johnson, Jay) (Entered: 04/20/2004) MOTION for Extension of Time to 4/23/04 to File Response/Reply as to 100 MOTION for Partial Summary Judgment by Century Indemnity Company.(Johnson, Jay) (Entered: 04/22/2004) MOTION for Extension of Time for Scheduling Order Deadlines and for Expansion of Deposition Limits by Certain London Market Insurance Companies.(Johnson, Jay) (Entered: 04/23/2004) AFFIDAVIT of John T. Harding in Support re 114 MOTION for Extension of Time to Scheduling Order Deadlines. (Johnson, Jay) (Entered: 04/23/2004) Judge Rya W. Zobel : electronic ORDER entered granting 113 Motion for Extension of Time to File Response/Reply re 100 MOTION for Partial Summary Judgment Responses due by 4/23/2004 (Urso, Lisa) (Entered: 04/22/2004) 116 MOTION for Leave tofile memorandum in excess of 20 pages by Century Indemnity Company.(Johnson, Jay) (Entered: 04/27/2004) MEMORANDUM in Opposition re 100 MOTION for Partial Summary Judgment and in support of defendant's request for a continuance filed by Century Indemnity Company. (Johnson, Jay) (Entered: 04/27/2004)
04/06/2004
04/09/2004
111
04/12/2004
110
04/16/2004
112
04/19/2004
113
04/21/2004
114
04/21/2004
115
04/22/2004
04/23/2004
04/23/2004
117
04/23/2004
118
21
Case: 11-1931
Document: 00116247067
Page: 24
Entry ID: 5573079
Response to Boston Gas Companys by Century Indemnity Company to 102 Statement of facts. (Johnson, Jay) (Entered: 04/27/2004) 04/23/2004 119 RULE 56 DECLARATION of Shane R. Heskin re 118 Response by Century Indemnity Company. (Johnson, Jay) Modified on 4/27/2004 (Johnson, Jay). (Entered: 04/27/2004) AFFIDAVIT of Shane R. Heskin re 118 Response. (Johnson, Jay) (Entered: 04/27/2004) DECLARATION Richard L. Meehan re 118 Response by Century Indemnity Company. (Johnson, Jay) (Entered: 04/27/2004) Judge Rya W. Zobel : Electronic ORDER entered granting 116 Motion for Leave to File (Johnson, Jay) (Entered: 04/27/2004) 124 MOTION for Leave to Appear Pro Hac Vice by Carrie Gallagher Filing fee $ 50, receipt number 55562. by Certain London Market Insurance Companies.(Johnson, Jay) (Entered: 04/29/2004) MEMORANDUM in Opposition re 112 MOTION to Strike Declaration of David L. Elkind filed by Boston Gas Company. (Attachments: # 1 Exhibit to Opposition to Strike Declaration of David L. Elkind)(Gibbons, John) (Entered: 04/29/2004) Judge Rya W. Zobel : Electronic ORDER entered granting 110 Motion for Leave to File Reply Brief. (Johnson, Jay) (Entered: 04/29/2004) 123 REPLY to Response to Motion re 97 MOTION for Protective Order MOTION to Quash filed by Certain London Market Insurance Companies, Mendes &Mount, LLP. (Johnson, Jay) (Entered: 04/29/2004) Judge Rya W. Zobel : Electronic ORDER entered granting 111 Motion for Extension of Time to File Response/Reply (Johnson, Jay) (Entered: 04/29/2004) 125 Consent MOTION for Extension of Time to File Response/Reply as to 114 MOTION for Extension of Time to Scheduling Order Deadlines by Boston Gas Company.(Gibbons, John) (Entered: 05/04/2004) MOTION for Joinder by Century Indemnity Company.(Urso, Lisa) (Entered: 05/12/2004) AFFIDAVIT of Shane R. Heskin by Century Indemnity Company. (Urso, Lisa) (Entered: 05/12/2004)
04/23/2004 04/23/2004
120 121
04/27/2004
04/28/2004
04/29/2004
122
04/29/2004
04/29/2004
04/29/2004
05/04/2004
05/05/2004 05/05/2004 05/11/2004
127 128 126
22
Case: 11-1931
Document: 00116247067
Page: 25
Entry ID: 5573079
Consent MOTION for Extension of Time to May 19, 2004 to File Response/Reply as to 114 MOTION for Extension of Time to Scheduling Order Deadlines by Boston Gas Company.(Gibbons, John) (Entered: 05/11/2004) 05/12/2004 Judge Rya W. Zobel : electronic ORDER entered granting 127 Motion for Joinder as to London Market Insurer's motion to extend scheduling order deadlines and for expansion of deposition limits. (Urso, Lisa) (Entered: 05/12/2004) 136 MOTION for Protective Order,and MOTION to Quash the subpoena duces tecum of its expert, Richard L. Meehan by Century Indemnity Company.(Johnson, Jay) (Entered: 05/17/2004) MEMORANDUM in Support re 136 MOTION for Protective Order MOTION to Quash filed by Century Indemnity Company. (Johnson, Jay) (Entered: 05/17/2004) AFFIDAVIT of Shane R. Heskin by Century Indemnity Company. (Johnson, Jay) (Entered: 05/17/2004) Judge Rya W. Zobel : electronic ORDER entered granting 125 Motion for Extension of Time to File Response/Reply re 114 MOTION for Extension of Time to Scheduling Order Deadlines, granting 126 Motion for Extension of Time to File Response/Reply re 114 MOTION for Extension of Time to Scheduling Order Deadlines Responses due by 5/19/2004 Replies due by 6/2/2004. (Urso, Lisa) (Entered: 05/14/2004) 129 Assented to MOTION for Leave to File Reply Memorandum by Certain London Market Insurance Companies.(Harding, John) (Entered: 05/14/2004) MEMORANDUM in Support re 112 MOTION to Strike Declaration of David L. Elkind filed by Certain London Market Insurance Companies. (Harding, John) (Entered: 05/14/2004) CROSS MOTION for Partial Summary Judgment by Century Indemnity Company.(Johnson, Jay) (Entered: 05/17/2004) MEMORANDUM in Support re 131 MOTION for Partial Summary Judgment filed by Century Indemnity Company. (Johnson, Jay) (Entered: 05/17/2004) STATEMENT of facts re 131 MOTION for Partial Summary Judgment. (Johnson, Jay) (Entered: 05/17/2004)
05/13/2004
05/13/2004
137
05/13/2004 05/14/2004
138
05/14/2004
05/14/2004
130
05/14/2004
131
05/14/2004
132
05/14/2004
133
23
Case: 11-1931
Document: 00116247067
Page: 26
Entry ID: 5573079
05/14/2004
134
AFFIDAVIT of Shane R. Heskin re 131 MOTION for Partial Summary Judgment by Century Indemnity Company. (Johnson, Jay) (Entered: 05/17/2004) MOTION for Leave to File Memorandum in Excess of 20 Pages by Century Indemnity Company.(Johnson, Jay) (Entered: 05/17/2004) Judge Rya W. Zobel : Electronic ORDER entered granting 124 Motion for Leave to Appear Pro Hac Vice Added Carrie Gallagher for Certain London Market Insurance Companies and Certain Underwriters of Lloyd's, London (Johnson, Jay) (Entered: 05/19/2004)
05/14/2004
135
05/19/2004
05/19/2004
139
MEMORANDUM in Opposition re 114 MOTION for Extension of Time to Scheduling Order Deadlines filed by Boston Gas Company. (Attachments: # 1 Exhibit)(Gibbons, John) (Entered: 05/19/2004) Partially Assented to MOTION for Leave to File Amended Joinder by Century Indemnity Company.(Johnson, Jay) (Entered: 05/20/2004) Letter to Clerk re: correction to Reply Memo Letter/request (nonmotion) from John T. Harding. (Harding, John) (Entered: 05/20/2004) Opposition re 136 MOTION for Protective Order MOTION to Quash filed by Boston Gas Company. (Trotter, Kenneth) (Entered: 05/20/2004) REPLY MEMORANDUM in Support re 114 MOTION for Extension of Time to Scheduling Order Deadlines filed by Certain London Market Insurance Companies. (Attachments: # 1 Exhibit A &B# 2 Exhibit C PART I# 3 Exhibit C PART II# 4 Exhibit C PART III# 5 Exhibit DF)(Harding, John) Modified on 5/27/2004 (Johnson, Jay). (Entered: 05/26/2004) Notice of correction to docket made by Court staff. Correction: #143 Reply Memorandum corrected because: WRONG EVENT SELECTED (Johnson, Jay) (Entered: 05/27/2004)
05/19/2004
140
05/20/2004
141
05/20/2004
142
05/26/2004
143
05/27/2004
05/27/2004
144
REPLY to Response to Motion re 100 MOTION for Partial Summary Judgment filed by Boston Gas Company. (Attachments: # 1 Affidavit J. Gibbons Declaration# 2 Affidavit N. Shiffrin Affidavit)(Trotter, Kenneth) (Entered: 05/27/2004) Consent MOTION for Extension of Time to File Response/Reply as to 131 MOTION for Partial Summary Judgment by Boston Gas Company.(Gibbons, John) (Entered: 05/27/2004)
05/27/2004
145
24
Case: 11-1931
Document: 00116247067
Page: 27
Entry ID: 5573079
05/28/2004
146
Opposition re 140 MOTION for Leave to File Amended Joinder filed by Boston Gas Company. (Gibbons, John) (Entered: 05/28/2004) MOTION for Leave to File a reply memorandum in support of Century's amended joinder to London Market Insurer's motion to extend scheduling order deadlines and for expansion of deposition limits by Century Indemnity Company.(Johnson, Jay) (Entered: 06/08/2004) NOTICE of Hearing on Motion 131 MOTION for Partial Summary Judgment, 112 MOTION to Strike, 136 MOTION for Protective Order MOTION to Quash, 93 MOTION for Partial Summary Judgment Seeking Joint and Several Liability For Insurance Coverage Obligations, 85 MOTION to Sever, 100 MOTION for Partial Summary Judgment: Motion Hearing set for 6/23/2004 09:30 AM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 06/09/2004)
06/04/2004
147
06/09/2004
06/14/2004
148
Opposition re 147 MOTION for Leave to File filed by Boston Gas Company. (Trotter, Kenneth) (Entered: 06/14/2004) Consent MOTION for Extension of Time to June 25, 2004 to File Response/Reply as to 131 MOTION for Partial Summary Judgment by Boston Gas Company.(Gibbons, John) (Entered: 06/14/2004) MOTION to Compel Production of Documents Improperly Withheld on AttorneyClient Priviledge and Work Product Grounds by Century Indemnity Company.(Johnson, Jay) (Entered: 06/15/2004) MEMORANDUM in Support re 150 MOTION to Compel Production of Documents Improperly Withheld on AttorneyClient Priviledge and Work Product Grounds filed by Century Indemnity Company. (Johnson, Jay) (Entered: 06/15/2004) AFFIDAVIT of Shane R. Heskin re 150 MOTION to Compel by Century Indemnity Company. (Johnson, Jay) (Entered: 06/15/2004) Letter/request (nonmotion) from John T. Harding. (Harding, John) (Entered: 06/15/2004) Letter/request (nonmotion) from John A. Gibbons Boston Gas Company. (Gibbons, John) Modified on 6/16/2004 (Johnson, Jay). (Entered: 06/15/2004) Letter/request (nonmotion) from David B. Chapin responding to letters from Boston Gas Company. (Johnson, Jay) (Entered: 06/18/2004)
06/14/2004
149
06/14/2004
150
06/14/2004
151
06/14/2004
152
06/15/2004 06/15/2004
153 154
06/17/2004
155
25
Case: 11-1931
Document: 00116247067
Page: 28
Entry ID: 5573079
06/21/2004
electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel : Telephone Conference held on 6/21/2004. Motions to be heard on wednesday are London's motion to extend scheding order; London's motion to sever and London's motion to quash subpoena of Mendes &Mount; Century motion to compel will be discussed. (Urso, Lisa) (Entered: 06/21/2004) 159 Letter/request (nonmotion) from Martin Pentz responding to Mr Chaffins letter. (Johnson, Jay) (Entered: 06/23/2004) MOTION for Certification of Questions of Law to the SJC by Certain London Market Insurance Companies.(Harding, John) Modified on 6/23/2004 (Johnson, Jay). (Entered: 06/22/2004) MEMORANDUM in Support re 156 MOTION Certification of Questions of Law to the SJC filed by Certain London Market Insurance Companies. (Harding, John) (Entered: 06/22/2004) AFFIDAVIT of John T. Harding in Support re 156 MOTION Certification of Questions of Law to the SJC filed by Certain London Market Insurance Companies. (Attachments: # 1 Exhibit Energy North Certification Order# 2 Exhibit Rubenstein decision# 3 Exhibit London Policy# 4 Exhibit London Policy# 5 Exhibit London Policy)(Harding, John) (Entered: 06/22/2004) electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel : Motion Hearing held on 6/23/2004 re 85 MOTION to Sever filed by Certain Underwriters of Lloyd's, London, Certain London Market Insurance Companies, 114 MOTION for Extension of Time to Scheduling Order Deadlines filed by Certain London Market Insurance Companies. Scheduling Conference set for 12/9/2004 02:30 PM in Courtroom 12 before Judge Rya W. Zobel. Extend discovery till end of Nov. and expert reports. #85 is moot;(Court Reporter Romanow.) (Urso, Lisa) (Entered: 06/23/2004) Motions terminated: 85 MOTION to Sever filed by Certain Underwriters of Lloyd's, London, Certain London Market Insurance Companies as moot. (Urso, Lisa) (Entered: 06/23/2004) 160 Judge Rya W. Zobel : ORDER entered PROCEDURAL ORDER re pretrial/trial; a further conference is scheduled for 12/9/04 at 2:30 p.m.(Urso, Lisa) (Entered: 06/24/2004) MOTION to Amend 12 Amended Complaint by Boston Gas Company. (Attachments: # 1 # 2)(Trotter, Kenneth)
06/21/2004
06/22/2004
156
06/22/2004
157
06/22/2004
158
06/23/2004
06/23/2004
06/23/2004
06/25/2004
161
26
Case: 11-1931
Document: 00116247067
Page: 29
Entry ID: 5573079
(Entered: 06/25/2004) 06/29/2004 162 MOTION for Sanctions Against Century Indemnity Company for Deposition Misconduct by Boston Gas Company.(Gibbons, John) (Entered: 06/29/2004) MEMORANDUM in Support re 162 MOTION for Sanctions Against Century Indemnity Company for Deposition Misconduct filed by Boston Gas Company. (Attachments: # 1 Exhibit 1 to Memorandum In Support of Motion for Sanctions Against Century Indemnity Company for Deposition Misconduct# 2 Exhibit 2 to Memorandum in Support of Motion for Sanctions Against Century Indemnity Company for Deposition Misconduct# 3 Exhibit 35 to Memorandum in Support of Motion for Sanctions Against Century Indemnity Company for Deposition Misconduct)(Gibbons, John) (Entered: 06/29/2004) Opposition re 156 MOTION Certification of Questions of Law to the SJC filed by Boston Gas Company. (Attachments: # 1 # 2)(Trotter, Kenneth) (Entered: 07/06/2004) MOTION to Compel London to Produce Certain Documents by Boston Gas Company.(Trotter, Kenneth) (Entered: 07/09/2004) MEMORANDUM in Support re 165 MOTION to Compel London to Produce Certain Documents filed by Boston Gas Company. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(Trotter, Kenneth) (Entered: 07/09/2004) Notice of correction to docket made by Court staff. (Notification of duplicate filings #167 and #168 Motion to Compel Production of Documents) (Johnson, Jay) (Entered: 07/09/2004) 167 MOTION to Compel Century To Produce Documents by Boston Gas Company.(Trotter, Kenneth) (Entered: 07/09/2004) MEMORANDUM in Support re 167 MOTION to Compel Century To Produce Documents filed by Boston Gas Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Trotter, Kenneth) (Entered: 07/09/2004) Opposition re 131 MOTION for Partial Summary Judgment on Late Notice for Everett filed by Boston Gas Company. (Attachments: # 1 Boston Gas Company's Response to Century Indemnity Company's Statement of Undisputed Material Facts# 2 Exhibit Exhibits 15 to Boston Gas Company's Opposition# 3 Exhibit Exhibits 69 to Boston Gas Company's Opposition# 4 Exhibit
06/29/2004
163
07/06/2004
164
07/09/2004
165
07/09/2004
166
07/09/2004
07/09/2004
07/09/2004
168
07/09/2004
169
27
Case: 11-1931
Document: 00116247067
Page: 30
Entry ID: 5573079
Exhibits 1016 to Boston Gas Company's Opposition# 5 Exhibit Exhibits 1727 to Boston Gas Company's Opposition)(Gibbons, John) (Entered: 07/09/2004) 07/09/2004 170 Assented to MOTION for Extension of Time to File Responses to all future motions for all parties and consolidated briefing schedule for pending motions by Century Indemnity Company. c/s(Bell, Marie) (Entered: 07/12/2004) MEMORANDUM in Opposition re 150 MOTION to Compel Privileged Documents filed by Boston Gas Company. (Attachments: # 1 Exhibit to Boston Gas' Opposition)(Gibbons, John) (Entered: 07/13/2004) Judge Rya W. Zobel : electronic ORDER entered finding as moot 73 Motion for Leave to File (Urso, Lisa) (Entered: 07/15/2004) Judge Rya W. Zobel : endorsed ORDER entered granting 170 Motion for Extension of Time to File Response/Reply. See docket #170 for dates (Urso, Lisa) (Entered: 07/19/2004) 173 Amended assented to MOTION for Extension of Time to repond to all future motions for all parties and consolidated briefing schedule for pending motions by Century Indemnity Company.(Urso, Lisa) (Entered: 07/27/2004) REPLY to Response to Motion re 156 MOTION Certification of Questions of Law to the SJC filed by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London. (Harding, John) (Entered: 07/23/2004) Judge Rya W. Zobel : endorsed ORDER entered granting 173 Motion for Extension of Time to respond to all future motions for all parties and consolidated briefing schedule for pending motions (Urso, Lisa) (Entered: 07/27/2004) 174 MOTION for Extension of Time to August 4, 2004 to Oppose Boston Gas Company's Motion to Compel Production of Certain Documents [Assented to by Boston Gas] by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London.(Harding, John) (Entered: 07/30/2004) Assented to MOTION to Amend Global briefing schedule by Century Indemnity Company.(Urso, Lisa) (Entered: 08/02/2004) Judge Rya W. Zobel : endorsed ORDER entered granting 174 Motion for Extension of Time to respond to motion to comepl by 8/4/04. (Urso, Lisa) (Entered: 08/04/2004)
07/13/2004
171
07/15/2004
07/15/2004
07/22/2004
07/23/2004
172
07/27/2004
07/30/2004
07/30/2004
175
08/04/2004
28
Case: 11-1931
Document: 00116247067
Page: 31
Entry ID: 5573079
08/04/2004
Judge Rya W. Zobel : endorsed ORDER entered granting 175 Motion to Amend. The proposed schedule is approved. Reply briefs shall not exceed 5 pages in length and counsel shall not seek leave to file excessive briefs in support of or opposition to any motion (Urso, Lisa) (Entered: 08/04/2004) 176 Assented to MOTION for Extension of Time to 8/5/2004 to File Response/Reply by Certain London Market Insurance Companies.(Harding, John) (Entered: 08/05/2004) First MEMORANDUM in Opposition re 165 MOTION to Compel London to Produce Certain Documents filed by Certain London Market Insurance Companies. (Harding, John) (Entered: 08/05/2004) APPENDIX/EXHIBITS (w/Copy of Memorandum in Opposition) re 177 Memorandum in Opposition to Motion by Certain London Market Insurance Companies. (Johnson, Jay) (Entered: 08/06/2004) MEMORANDUM in Opposition re 161 MOTION to Amend 12 Amended Complaint filed by Century Indemnity Company. (Johnson, Jay) (Entered: 08/09/2004) AFFIDAVIT of Shane Heskin re 179 Memorandum in Opposition to Motion by Century Indemnity Company. (Johnson, Jay) (Entered: 08/09/2004) MEMORANDUM in Opposition re 68 MOTION to Compel filed by Century Indemnity Company. (Johnson, Jay) (Entered: 11/16/2004) AFFIDAVIT of Shane R. Heskin re 205 Memorandum in Opposition to Motion by Century Indemnity Company. (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)(Johnson, Jay) (Entered: 11/17/2004) MEMORANDUM in Opposition re 162 MOTION for Sanctions Against Century Indemnity Company for Deposition Misconduct filed by Century Indemnity Company. (Johnson, Jay) (Entered: 08/17/2004) REPLY to Response to Motion re 150 MOTION to Compel filed by Century Indemnity Company. (Johnson, Jay) (Entered: 08/17/2004) AFFIRMATION of Shane R. Heskin by Century Indemnity Company. (Johnson, Jay) (Entered: 08/17/2004) AFFIDAVIT of Shane R. Heskin by Century Indemnity
08/05/2004
08/05/2004
177
08/06/2004
178
08/06/2004
179
08/06/2004
180
08/06/2004
205
08/06/2004
206
08/13/2004
181
08/13/2004
182
08/13/2004
183
08/13/2004
184
29
Case: 11-1931
Document: 00116247067
Page: 32
Entry ID: 5573079
Company. (Johnson, Jay) (Entered: 08/17/2004) 08/16/2004 185 TRANSCRIPT of Hearing held on June 23, 2004 before Judge Zobel. Court Reporter: Richard H. Romanow. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/7370370 or the Clerk's Office. (Scalfani, Deborah) (Entered: 08/18/2004) Judge Rya W. Zobel : electronic ORDER entered finding as moot 77 Motion to Compel, finding as moot 93 Motion for Partial Summary Judgment, finding as moot 97 Motion for Protective Order, finding as moot 97 Motion to Quash, finding as moot 100 Motion for Partial Summary Judgment (Urso, Lisa) (Entered: 08/19/2004) 186 Letter/request (nonmotion) from Martin C. Pentz in response to courts Order of 8/19/04. (Johnson, Jay) (Entered: 08/25/2004) REPLY to Response to Motion re 165 MOTION to Compel London to Produce Certain Documents filed by Boston Gas Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Trotter, Kenneth) (Entered: 08/25/2004) REPLY to Response to Motion re 167 MOTION to Compel Century To Produce Documents filed by Boston Gas Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Gibbons, John) (Entered: 08/27/2004) REPLY to Response to Motion re 161 MOTION to Amend 12 Amended Complaint filed by Boston Gas Company. (Attachments: # 1 Exhibit to Reply in Support of Boston Gas Company's Motion for Leave to Amend)(Gibbons, John) (Entered: 08/27/2004) REPLY to Response to Motion re 131 MOTION for Partial Summary Judgment filed by Century Indemnity Company. (Johnson, Jay) (Entered: 08/31/2004) AFFIDAVIT of Shane R. Heskin re 190 Reply to Response to Motion. (Johnson, Jay) (Entered: 08/31/2004) NOTICE of Change of Address by Edward D. Shoulkin (Johnson, Jay) (Entered: 09/02/2004) REPLY to Response to Motion re 162 MOTION for Sanctions Against Century Indemnity Company for Deposition Misconduct filed by Boston Gas Company. (Attachments: # 1 Appendix of unpublished cases cited by Boston Gas)(Gibbons, John) (Entered: 09/10/2004)
08/19/2004
08/24/2004
08/25/2004
187
08/27/2004
188
08/27/2004
189
08/27/2004
190
08/27/2004
191
08/27/2004 09/10/2004
192 193
30
Case: 11-1931
Document: 00116247067
Page: 33
Entry ID: 5573079
09/16/2004
194
MOTION for Reconsideration and Unopposed Motion to Reinstate Boston Gas Company's Motion for Partial Summary Judgment Seeking Joint and Several Liability for Insurance Coverage Obligations by Boston Gas Company.(Gibbons, John) (Entered: 09/16/2004) Judge Rya W. Zobel : endorsed ORDER entered granting 194 Motion for Reconsideration #194 (Urso, Lisa) (Entered: 10/08/2004)
10/06/2004
10/12/2004
195
MOTION for Joinder in London Market Insurers Motion for Certification of Questions of Law to The Mass. Supreme Judicial Court (#156) by Century Indemnity Company.(Johnson, Jay) (Entered: 10/14/2004) MOTION for Reconsideration re 160 Procedural Order re pretrial/trial by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London.(Johnson, Jay) (Entered: 10/20/2004) MEMORANDUM in Support re 196 MOTION for Reconsideration re 160 Procedural Order re pretrial/trial filed by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London. (Johnson, Jay) (Entered: 10/20/2004) EXHIBIT LIST re 197 Memorandum in Support of Motion filed by Certain Underwriters of Lloyd's, London, Certain London Market Insurance Companies by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London. (Johnson, Jay) (Entered: 10/20/2004) Joint MOTION to Modify The Date for the Exchange of Expert Reports by Boston Gas Company.(Gibbons, John) (Entered: 10/25/2004) Opposition re 196 MOTION for Reconsideration re 160 Procedural Order re pretrial/trial filed by Boston Gas Company. (Attachments: # 1 Exhibit to Opposition)(Gibbons, John) (Entered: 10/28/2004) Judge Rya W. Zobel : electronic ORDER entered granting 109 Motion for Leave to File, granting 114 Motion for Extension of Time, granting 129 Motion for Leave to File, granting 135 Motion for Leave to File, granting 140 Motion for Leave to File, granting 145 Motion for Extension of Time to File Response/Reply, granting 147 Motion for Leave to File, granting 149 Motion for Extension of Time to File Response/Reply, granting 176 Motion for Extension of Time to File Response/Reply, granting 199 Motion for Modification (Urso, Lisa) (Entered: 11/02/2004)
10/19/2004
196
10/19/2004
197
10/19/2004
198
10/25/2004
199
10/28/2004
200
11/02/2004
11/02/2004
201
31
Case: 11-1931
Document: 00116247067
Page: 34
Entry ID: 5573079
RESPONSE to Motion re 195 MOTION for Joinder filed by Boston Gas Company. (Gibbons, John) (Entered: 11/02/2004) 11/02/2004 Judge Rya W. Zobel : endorsed ORDER entered granting 195 Motion for Joinder, denying 196 Motion for Reconsideration (Urso, Lisa) (Entered: 11/03/2004) 202 STATUS REPORT to Judge Zobel regarding Status Conference on December 9 by Certain Underwriters of Lloyd's, London. (Harding, John) (Entered: 11/08/2004) NOTICE of Hearing on Motion 131 MOTION for Partial Summary Judgment, 93 MOTION for Partial Summary Judgment Seeking Joint and Several Liability For Insurance Coverage Obligations, 100 MOTION for Partial Summary Judgment: Motion Hearing set for 12/1/2004 02:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 11/09/2004) 203 (Assented to) MOTION for Leave to Appear Pro Hac Vice by John McAndrews Filing fee $ 50.00, receipt number 60058. by Certain London Market Insurance Companies, Certain Underwriters of Lloyd's, London.(Johnson, Jay) (Entered: 11/15/2004) AFFIDAVIT of John McAndrews in Support re 203 MOTION for Leave to Appear Pro Hac Vice by John McAndrews Filing fee $ 50.00, receipt number 60058.. (Johnson, Jay) (Entered: 11/15/2004) MOTION for Leave to File MOTION TO SUPPLEMENT CENTURY'S MOTION TO COMPEL PRIVILEGED DOCUMENTS (DOCKET #150) by Century Indemnity Company.(Chaffin, David) (Entered: 11/30/2004) AFFIDAVIT of SHANE R. HESKIN re 207 MOTION for Leave to File MOTION TO SUPPLEMENT CENTURY'S MOTION TO COMPEL PRIVILEGED DOCUMENTS (DOCKET #150) by Century Indemnity Company. (Chaffin, David) (Entered: 11/30/2004) Judge Rya W. Zobel : electronic ORDER entered granting 203 Motion for Leave to Appear Pro Hac Vice Added John McAndrews for Certain London Market Insurance Companies (Urso, Lisa) (Entered: 12/01/2004) elctronic Clerk's Notes for proceedings held before Judge Rya W. Zobel : Motion Hearing held on 12/1/2004 re 93 MOTION for Partial Summary Judgment Seeking Joint and Several Liability For Insurance Coverage Obligations filed by Boston Gas Company, 100 MOTION for Partial Summary Judgment filed by Boston Gas Company, 131 MOTION for Partial Summary Judgment filed by Century Indemnity Company. (Court
11/08/2004
11/09/2004
11/12/2004
11/12/2004
204
11/30/2004
207
11/30/2004
208
12/01/2004
12/01/2004
32
Case: 11-1931
Document: 00116247067
Page: 35
Entry ID: 5573079
Reporter Romoanow.) (Urso, Lisa) (Entered: 12/08/2004) 12/09/2004 Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel : Status Conference held on 12/9/2004. expert depo 4/1/05; report 4/22/05; depo of Mendes 1/18/05; documents due 1/11/05;Further status Conference set for 4/14/2005 02:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 12/10/2004) 209 TRANSCRIPT of Motion Hearing held on December 1, 2004 before Judge Zobel. Court Reporter: Richard H. Romanow. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/7370370 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/23/2004) MOTION for Leave to File Amended ThirdParty Complaint by Century Indemnity Company.(Chaffin, David) (Entered: 01/14/2005) Judge Rya W. Zobel : electronicORDER entered denying 112 Motion to Strike (denied 6/23/04), resolved by counsel 136 Motion for Protective Order and 136 Motion to Quash, resolved by counsel 150 Motion to Compel, denying 161 Motion to Amend, denying 162 Motion for Sanctions, granting 165 Motion to Compel, finding as moot 167 Motion to Compel( all endorsed on 12/1/04) (Urso, Lisa) (Entered: 01/21/2005) 211 Consent MOTION for Leave to File A Supplement to Boston Gas Company's Opposition to Century's Motion for Partial Summary Judgment on Late Notice for Everett by Boston Gas Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2: Proposed Supplement to Boston Gas Company's Opposition to Document 131)(Gibbons, John) (Entered: 01/24/2005) First MEMORANDUM in Opposition re 210 MOTION for Leave to File Amended ThirdParty Complaint filed by Certain London Market Insurance Companies. (Harding, John) Additional attachment(s) added on 1/28/2005 (Johnson, Jay). (Entered: 01/25/2005) DECLARATION re 212 Memorandum in Opposition to Motion by Certain London Market Insurance Companies. (Attachments: # 1 Exhibit Exs. AD to Declaration)(Harding, John) Additional attachment(s) added on 1/28/2005 (Johnson, Jay). Additional attachment(s) added on 1/28/2005 (Johnson, Jay). (Entered: 01/25/2005) Notice of correction to docket made by Court staff. Correction: #212Memorandum in Opposition and #213
12/23/2004
01/14/2005
210
01/21/2005
01/24/2005
01/25/2005
212
01/25/2005
213
01/26/2005
33
Case: 11-1931
Document: 00116247067
Page: 36
Entry ID: 5573079
Declaration regarding #212 corrected because: Unsigned Documents. The filer shall refile the documents or email the documents to the clerk (jay_johnson@mad.uscourts.gov). (Johnson, Jay) (Entered: 01/26/2005) 01/28/2005 215 MEMORANDUM in Opposition re 210 MOTION for Leave to File Amended ThirdParty Complaint filed by The Hartford Insurance Company. (Johnson, Jay) (Entered: 02/01/2005) DECLARATION of Steven G. Adams re 215 Memorandum in Opposition to Motion by The Hartford Insurance Company. (Johnson, Jay) (Entered: 02/01/2005) Judge Rya W. Zobel : ORDER entered denying 93 Motion for Partial Summary Judgment, denying 100 Motion for Partial Summary Judgment, denying 131 Motion for Partial Summary Judgment, denying 156 Motion (Urso, Lisa) (Entered: 01/31/2005) MOTION for Summary Judgment or for Leave to Assert Counterclaim by Associated Electric &Gas Insurance Services Limited.(Johnson, Jay) (Entered: 02/03/2005) MEMORANDUM in Support re 217 MOTION for Summary Judgment or for leave to assert a counterclaim filed by Associated Electric &Gas Insurance Services Limited. (Johnson, Jay) (Entered: 02/03/2005) STATEMENT of facts re 217 MOTION for Summary Judgment or for leave to assert a counterclaim. (Johnson, Jay) (Entered: 02/03/2005) AFFIDAVIT of Stanley I Schuldiner re 217 MOTION for Summary Judgment by Associated Electric &Gas Insurance Services Limited. (Johnson, Jay) (Entered: 02/03/2005) (Assented to) MOTION for Leave to Appear Pro Hac Vice by Jeehae Jennifer Koh Filing fee $ 50, receipt number 62066. by Century Indemnity Company, Century Indemnity Company.(Johnson, Jay) (Entered: 02/15/2005) AFFIDAVIT of Jeehae Jennifer Koh re 223 MOTION for Leave to Appear Pro Hac Vice by Jeehae Jennifer Koh Filing fee $ 50, receipt number 62066. by Century Indemnity Company, Century Indemnity Company, Century Indemnity Company. (Johnson, Jay) (Entered: 02/15/2005) Letter/request (nonmotion) from Kenneth Trotter (on behalf of Boston Gas). (Trotter, Kenneth) (Entered:
01/28/2005
216
01/31/2005
214
01/31/2005
217
01/31/2005
218
01/31/2005
219
01/31/2005
220
02/09/2005
223
02/09/2005
224
02/10/2005
222
34
Case: 11-1931
Document: 00116247067
Page: 37
Entry ID: 5573079
02/10/2005) 02/11/2005 Judge Rya W. Zobel : endorsedORDER entered denying 210 Motion for Leave to amend it's thirdparty complaint as untimely. (Urso, Lisa) (Entered: 02/11/2005) 225 Letter/request (nonmotion) from Kenneth B. Trotter requesting pleading #221 be sealed. (Johnson, Jay) Modified on 2/17/2005 (Johnson, Jay). (Entered: 02/16/2005) Assented to MOTION for Reconsideration re 210 MOTION for Leave to File Amended ThirdParty Complaint by Century Indemnity Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Chaffin, David) (Entered: 02/18/2005) Judge Rya W. Zobel : endorsedORDER entered granting 226 Motion for Reconsideration. Defendant may amend its third party complaint as agreed among the parties. (Urso, Lisa) (Entered: 02/24/2005) 229 Amended THIRD PARTY COMPLAINT against Certain London Market Insurance Companies, Associated Electric &Gas Insurance Services Limited, Aetna Casualty &Surety, Co., The Hartford Insurance Company, Certain Underwriters of Lloyd's, London, filed by Century Indemnity Company.(Chaffin, David) Additional attachment(s) added on 2/25/2005 (Urso, Lisa). (Entered: 02/24/2005) NOTICE of Voluntary Dismissal by Century Indemnity Company (Chaffin, David) (Entered: 02/24/2005) First MOTION for Extension of Time to March 4, 2005 to File Response/Reply by Certain London Market Insurance Companies.(Harding, John) (Entered: 02/25/2005) SUPPLEMENTAL AFFIDAVIT of Stanley I Schuldiner by Associated Electric &Gas Insurance Services Limited. (Johnson, Jay) (Entered: 03/03/2005) Judge Rya W. Zobel : electronicORDER entered granting 230 Motion for Extension of Time to File Response/Reply re 221 MOTION for Sanctions Against London Market Insurers Responses due by 3/4/2005 (Urso, Lisa) (Entered: 03/04/2005) 232 MOTION to Strike the Affidavit of Stanley I. Schuldiner by Century Indemnity Company.(Chaffin, David) (Entered: 03/04/2005) MEMORANDUM in Opposition re 217 MOTION for
02/14/2005
02/18/2005
226
02/23/2005
02/24/2005
02/24/2005 02/25/2005
228 230
02/28/2005
231
03/04/2005
03/04/2005
03/04/2005
233
35
Case: 11-1931
Document: 00116247067
Page: 38
Entry ID: 5573079
Summary Judgment filed by Century Indemnity Company. (Chaffin, David) (Entered: 03/04/2005) 03/04/2005 234 DECLARATION re 217 MOTION for Summary Judgment of Shane Heskin by Century Indemnity Company. (Chaffin, David) (Entered: 03/04/2005) MEMORANDUM in Opposition re 221 MOTION for Sanctions Against London Market Insurers filed by Certain London Market Insurance Companies. (Johnson, Jay) (Entered: 03/07/2005) London Market Insurers' ANSWER to (Amended) Third Party Complaint by Certain London Market Insurance Companies.(Harding, John) Modified on 3/18/2005 (Johnson, Jay). (Entered: 03/17/2005) (Assented to) MOTION for Extension of Time to 4/15/05 to File Response/Reply as to 232 MOTION to Strike the Affidavit of Stanley I. Schuldiner, 217 MOTION for Summary Judgment, 229 and to Answer Third Party Complaint, by Associated Electric &Gas Insurance Services Limited.(Johnson, Jay) (Entered: 03/18/2005) REPLY to Response to Motion re 221 MOTION for Sanctions Against London Market Insurers filed by Boston Gas Company. (Johnson, Jay) (Entered: 03/23/2005) (Assented to) MOTION for Leave to Appear Pro Hac Vice by Mark H. Kolman Filing fee $ 50, receipt number 62932. by Boston Gas Company.(Johnson, Jay) (Entered: 03/23/2005) Judge Rya W. Zobel : Electronic ORDER entered granting 239 Motion for Leave to Appear Pro Hac Vice Added Mark H. Kolman for Boston Gas Company (Johnson, Jay) (Entered: 03/23/2005) 240 MOTION for Extension of Time to April 22, 2005 to Respond to Century's Cross Motion for a Declaration that Century is Entitled to a Setoff by Boston Gas Company.(Trotter, Kenneth) (Entered: 03/24/2005) Letter/request (nonmotion) from David Elkind requesting a new date for status confernece. The status conference is rescheduled to4/28/05 at 2:30 p.m. with Judge Zobel. (Urso, Lisa) (Entered: 03/25/2005) Judge Rya W. Zobel : electronicORDER entered granting 237 Motion for Extension of Time to File Response/Reply, granting 240 Motion for Extension of Time (Urso, Lisa) (Entered: 03/25/2005) 242 (ASSENTED TO) MOTION to Withdraw 217 MOTION
03/04/2005
235
03/17/2005
236
03/17/2005
237
03/21/2005
238
03/21/2005
239
03/23/2005
03/24/2005
03/24/2005
241
03/25/2005
04/04/2005
36
Case: 11-1931
Document: 00116247067
Page: 39
Entry ID: 5573079
for Summary Judgment by Associated Electric &Gas Insurance Services Limited.(Johnson, Jay) (Entered: 04/04/2005) 04/07/2005 Judge Rya W. Zobel : endorsedORDER entered withdrawing 217 Motion for Summary Judgment, granting 242 Motion to Withdraw (Urso, Lisa) (Entered: 04/07/2005) 243 Assented to MOTION to Withdraw , WITHOUT PREJUDICE TO RENEWAL, CENTURY'S CROSS MOTION FOR SUMMARY JUDGMENT SEEKING A DECLARATION THAT IT IS ENTITLED TO AN EQUITABLE SETOFF by Century Indemnity Company.(Chaffin, David) (Entered: 04/11/2005) (Assented to) MOTION to Seal Summary Judgment Papers by Associated Electric &Gas Insurance Services Limited.(Johnson, Jay) (Entered: 04/13/2005) MOTION for Summary Judgment by Associated Electric &Gas Insurance Services Limited.(Johnson, Jay) (Entered: 04/14/2005) Judge Rya W. Zobel : Electronic ORDER entered granting 244 Motion to Seal Documents (Johnson, Jay) (Entered: 04/14/2005) 246 MEMORANDUM in Support re 245 MOTION for Summary Judgment filed by Associated Electric &Gas Insurance Services Limited. (Johnson, Jay) (Entered: 04/14/2005) STATEMENT of facts re 245 MOTION for Summary Judgment. (Johnson, Jay) (Entered: 04/14/2005) AFFIDAVIT of Stanley I Schuldiner re 245 MOTION for Summary Judgment by Associated Electric &Gas Insurance Services Limited. (Johnson, Jay) (Entered: 04/14/2005) ANSWER to Amended Third Party Complaint, COUNTERCLAIM against Century Indemnity Company by Associated Electric &Gas Insurance Services Limited.(Johnson, Jay) (Entered: 04/15/2005) Judge Rya W. Zobel : endorsedORDER entered granting 243 Motion to Withdraw cross motion for summary judgment seking a declaration (Urso, Lisa) (Entered: 04/20/2005) 250 Letter/request (nonmotion) from Steven Zuckermann. (Urso, Lisa) (Entered: 04/25/2005) Response and opposition due 5/13/05; reply 6/3/05; hearing set 6/21/05 at 2:00 p.m. (Urso, Lisa) (Entered:
04/11/2005
04/13/2005
244
04/13/2005
245
04/14/2005
04/14/2005
04/14/2005 04/14/2005
247 248
04/14/2005
249
04/14/2005
04/14/2005 04/20/2005
37
Case: 11-1931
Document: 00116247067
Page: 40
Entry ID: 5573079
04/20/2005) 04/28/2005 Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel : Status Conference held on 4/28/2005. Pretrial Conference set for 9/7/2005 02:00 PM in Courtroom 12 before Judge Rya W. Zobel. Jury trial set for 10/31 or 11/14 depending on previously set trials; 23 weeks; (Urso, Lisa) (Entered: 05/02/2005) 251 252 NOTICE of Change of Address by Martin C. Pentz (Pentz, Martin) (Entered: 04/29/2005) NOTICE of Withdrawal of Appearance Attorney Julie F. Pruitt Barry terminated. (Barry, Julie) (Entered: 04/29/2005) ANSWER to Counterclaim and Separate Defenses by Century Indemnity Company, Century Indemnity Company.(Chaffin, David) (Entered: 05/04/2005) Assented to MOTION for Extension of Time to May 27, 2005 to respond to the AEGIS motion for Summary Judgment by Century Indemnity Company.(Chaffin, David) (Entered: 05/13/2005) NOTICE of Withdrawal of Appearance Attorney Carrie Gallagher terminated. (Harding, John) (Entered: 05/17/2005) NOTICE of Withdrawal of Appearance Attorney Jason W. Snell terminated. (Harding, John) (Entered: 05/17/2005) Judge Rya W. Zobel : Electronic ORDER entered granting 254 Motion for Extension of Time. Responses due 5/27/05. (Urso, Lisa) (Entered: 05/19/2005) 257 Second MOTION to Compel Documents Improperly Withheld on Privilege Grounds by Century Indemnity Company.(Chaffin, David) (Entered: 05/26/2005) MEMORANDUM in Support re 257 Second MOTION to Compel Documents Improperly Withheld on Privilege Grounds filed by Century Indemnity Company. (Attachments: # 1 Appendix 1 Pt. 1 of 8# 2 Appendix 1 Pt. 2 of 8# 3 Appendix 1 Pt. 3 of 8# 4 Appendix 1 Pt. 4 of 8# 5 Appendix 1 Pt. 5 of 8# 6 Appendix 1 Pt. 6 of 8# 7 Appendix 1 Pt. 7 of 8# 8 Appendix 1 Pt. 8 of 8# 9 Appendix 2# 10 Appendix 3# 11 Appendix 4# 12 Appendix 5 Pt. 1 of 2# 13 Appendix 5 Pt. 2 of 2# 14 Appendix 6# 15 Appendix 7# 16 Appendix 8# 17 Appendix 9)(Chaffin, David) (Entered: 05/26/2005) DECLARATION re 257 Second MOTION to Compel Documents Improperly Withheld on Privilege Grounds of
04/29/2005 04/29/2005
05/04/2005
253
05/13/2005
254
05/17/2005
255
05/17/2005
256
05/19/2005
05/26/2005
05/26/2005
258
05/26/2005
259
38
Case: 11-1931
Document: 00116247067
Page: 41
Entry ID: 5573079
Shane R. Heskin by Century Indemnity Company. (Attachments: # 1 Exhibit AB# 2 Exhibit CG# 3 Exhibit H# 4 Exhibit I# 5 Exhibit J# 6 Exhibit K)(Chaffin, David) (Entered: 05/26/2005) 05/26/2005 260 Assented to MOTION for Order Dismissing AEGIS from Thirdparty Complaint by Century Indemnity Company.(Chaffin, David) (Entered: 05/26/2005) Judge Rya W. Zobel : Order ORDER entered. STIPULATION AND ORDER(Urso, Lisa) (Entered: 06/01/2005) NOTICE OF RESCHEDULINGHearing reset for 6/24/2005 10:30 AM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 06/06/2005) 262 MOTION to Strike Supplemental Expert Report of E. Suuberg by Boston Gas Company.(Trotter, Kenneth) (Entered: 06/07/2005) MEMORANDUM in Support re 262 MOTION to Strike Supplemental Expert Report of E. Suuberg filed by Boston Gas Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Trotter, Kenneth) (Entered: 06/07/2005) Letter/request (nonmotion) from Boston Gas Company seeking to adjourn June 24 hearing to another date. (Gibbons, John) (Entered: 06/09/2005) Consent MOTION for Extension of Time to June 22, 2005 to File Response/Reply as to 257 Second MOTION to Compel Documents Improperly Withheld on Privilege Grounds by Boston Gas Company.(Gibbons, John) (Entered: 06/16/2005) Judge Rya W. Zobel : Electronic ORDER entered granting 265 Motion for Extension of Time to File Response/Reply re 257 Second MOTION to Compel Documents Improperly Withheld on Privilege Grounds Responses due by 6/22/2005 (Urso, Lisa) (Entered: 06/20/2005) 266 Opposition re 257 Second MOTION to Compel Documents Improperly Withheld on Privilege Grounds filed by Boston Gas Company. (Attachments: # 1 Exhibit 19# 2 Exhibit 1017# 3 certificate of service)(Gibbons, John) (Entered: 06/22/2005) Assented to MOTION for Extension of Time to July 13, 2005 to File a Reply in Support of Century's Renewed Motion to Compel Privileged Documents by Century Indemnity Company.(Chaffin, David) (Entered: 07/06/2005)
05/31/2005
261
06/06/2005
06/07/2005
06/07/2005
263
06/09/2005
264
06/16/2005
265
06/20/2005
06/22/2005
07/06/2005
267
39
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Document: 00116247067
Page: 42
Entry ID: 5573079
07/12/2005
Judge Rya W. Zobel : Electronic ORDER entered granting 267 Motion for Extension of Time. Reply due 7/13/05 (Urso, Lisa) (Entered: 07/12/2005) 268 First MEMORANDUM in Opposition re 262 MOTION to Strike Supplemental Expert Report of E. Suuberg filed by Certain London Market Insurance Companies. (Harding, John) (Entered: 07/12/2005) REPLY to Response to Motion re 262 MOTION to Strike Supplemental Expert Report of E. Suuberg filed by Boston Gas Company. (Trotter, Kenneth) (Entered: 07/13/2005) REPLY to Response to Motion re 150 MOTION to Compel filed by Century Indemnity Company. (Attachments: # 1 Appendices Part 1 of 6# 2 Appendices Part 2 of 6# 3 Appendices Part 3 of 6# 4 Appendices Part 4 of 6# 5 Appendices Part 5 of 6# 6 Appendices Part 6 of 6)(Chaffin, David) (Entered: 07/13/2005) Judge Rya W. Zobel : Electronic ORDER entered granting 207 Motion for Leave to File, granting 211 Motion for Leave to File, granting 223 Motion for Leave to Appear Pro Hac Vice Added Jeehae Jennifer Koh for Century Indemnity Company (Urso, Lisa) (Entered: 07/19/2005) Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel : Motion Hearing held on 7/21/2005 re 221 MOTION for Sanctions Against London Market Insurers filed by Boston Gas Company,, 262 MOTION to Strike Supplemental Expert Report of E. Suuberg filed by Boston Gas Company,, 257 Second MOTION to Compel Documents Improperly Withheld on Privilege Grounds filed by Century Indemnity Company,, Motions terminated: 262 MOTION to Strike Supplemental Expert Report of E. Suuberg filed by Boston Gas Company,, 221 MOTION for Sanctions Against London Market Insurers filed by Boston Gas Company,, 257 Second MOTION to Compel Documents Improperly Withheld on Privilege Grounds filed by Century Indemnity Company,. #262 denied, subject to Soper being deposed for another day; parties to file sample of disputed documents to be reviewed by the Court; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 07/22/2005) 271 TRANSCRIPT of Motion Hearing held on July 21, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 07/25/2005)
07/12/2005
07/13/2005
269
07/13/2005
270
07/19/2005
07/21/2005
07/25/2005
40
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Page: 43
Entry ID: 5573079
08/01/2005
272
Letter/request (nonmotion) from David B. Chaffin RE: MOTION TO COMPEL DOCUMENTS WITHHELD ON BASIS OF PRIVILEGE. (Chaffin, David) (Entered: 08/01/2005) Letter/request (nonmotion) from John A. Gibbons regarding attached redacted (unscanned) documents. (Johnson, Jay) (Entered: 08/02/2005) NOTICE of Change of Address by David B. Chaffin of Shane R. Heskin (Chaffin, David) (Entered: 08/02/2005) MOTION for Leave to Appear Pro Hac Vice by Guy A. Cellucci and Gregory S. Capps by Century Indemnity Company.(Chaffin, David) (Entered: 08/03/2005) Filing fee: $ 100, receipt number 65991 regarding motions for pro hac vice (Johnson, Jay) (Entered: 08/04/2005)
08/02/2005
273
08/02/2005 08/03/2005
274 275
08/03/2005
08/10/2005
276
Letter/request (nonmotion) from John Gibbons responding to Century's 8/1/05 letter regarding in camera inspection. (exhibits 125 unscanned due to size) Additional attachment(s) added on 8/11/2005 (Johnson, Jay). . Additional attachment(s) added on 8/16/2005 (Johnson, Jay). (Entered: 08/11/2005) Letter re Motion to Compel Production of Allegedly Privileged Documents Letter/request (nonmotion) from Shane Heskin. (Chaffin, David) (Entered: 08/15/2005) Letter/request (nonmotion) from Boston Gas Company in response to Century Indemnity Company's August 15, 2005 Letter. (Gibbons, John) (Entered: 08/16/2005) MOTION for Protective Order and Memorandum in Support by Boston Gas Company. (Attachments: # 1 Appendix of Exhibits)(Gibbons, John) (Entered: 08/31/2005) Judge Rya W. Zobel : Order ORDER resulting from in camera inspection of withheld documents entered. (Urso, Lisa) (Entered: 09/01/2005) Judge Rya W. Zobel : Amended Order AMENDED ORDER resulting from in camera inspection of withheld documents entered. (Urso, Lisa) (Entered: 09/01/2005) Proposed Document(s) submitted by Boston Gas Company. Document received: Boston Gas Company's Proposed Issues To Be Tried. (Gibbons, John) (Entered: 09/02/2005) Letter/request (nonmotion) from Mendes &Mount, LLP to Judge Zobe w/enc.. (Harding, John) (Entered: 09/06/2005)
08/15/2005
277
08/16/2005
278
08/31/2005
279
08/31/2005
280
08/31/2005
281
09/02/2005
282
09/06/2005
283
41
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Document: 00116247067
Page: 44
Entry ID: 5573079
09/07/2005
Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel : Final Pretrial Conference held on 9/7/2005. let counsel know as soon as possible re; trial date; 23 weeks; 8 jurors; take GEI deposition; (Urso, Lisa) (Entered: 09/09/2005) 284 Assented to MOTION for Leave to Appear Pro Hac Vice by Century Indemnity Company.(Chaffin, David) (Entered: 09/16/2005) Proposed Document(s) submitted by Boston Gas Company. Document received: Boston Gas Company's Proposal Regarding The "Owned Property" Issue To Be Tried. (Gibbons, John) (Entered: 09/16/2005) Letter/request (nonmotion). (Chaffin, David) (Entered: 09/16/2005) Amended Letter/request (nonmotion). (Chaffin, David) (Entered: 09/16/2005) Judge Rya W. Zobel : Pretrial Order ORDER entered. PROCEDURAL ORDER re pretrial/trial Jury Trial set for 11/14/2005 09:00 AM in Courtroom 12 before Judge Rya W. Zobel.23 weeks;(Urso, Lisa) (Entered: 09/20/2005) Letter/request (nonmotion). (Chaffin, David) (Entered: 09/20/2005) MOTION to Strike the Supplemental Expert Opinions of Charles Anderson, and Memorandum in Support by Boston Gas Company. (Attachments: # 1 Appendix of Exhibits# 2 Certificate of Compliance with Local Rule 7.1(a)(2))(Gibbons, John) (Entered: 09/20/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Telephone Conference held on 9/21/2005. The Judge will wait for the opposition to be filed on the motion to strike; and deal with it when the Judge returns; parties should attempt to work something out; (Urso, Lisa) (Entered: 09/21/2005) 291 Letter/request (nonmotion) from Boston Gas Company in Response to Century Indemnity Company's September 20, 2005 Letter to the Court. (Gibbons, John) (Entered: 09/21/2005) Letter/request (nonmotion) from Guy Cellucci. (Chaffin, David) (Entered: 09/23/2005) Letter/request (nonmotion) from Robert P. Firriolo. (Harding, John) (Entered: 09/26/2005) Notice of correction to docket made by Court staff. Correction: #293 Letter corrected because: Document not filed by attorney who signed document. Email will be
09/16/2005
09/16/2005
285
09/16/2005 09/16/2005 09/20/2005
286 287 288
09/20/2005 09/20/2005
289 290
09/21/2005
09/21/2005
09/23/2005 09/26/2005 09/27/2005
292 293
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Entry ID: 5573079
sent describing the fix. (Johnson, Jay) (Entered: 09/27/2005) 10/07/2005 294 MOTION to Compel , Motion for a Continuance and Motion for Leave to Conduct Discovery by Century Indemnity Company.(Chaffin, David) (Entered: 10/07/2005) MEMORANDUM in Support re 294 MOTION to Compel , Motion for a Continuance and Motion for Leave to Conduct Discovery filed by Century Indemnity Company. (Chaffin, David) (Entered: 10/07/2005) DECLARATION re 294 MOTION to Compel , Motion for a Continuance and Motion for Leave to Conduct Discovery of Shane R. Heskin by Century Indemnity 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# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19)(Chaffin, David) (Entered: 10/07/2005) MEMORANDUM in Opposition re 290 MOTION to Strike the Supplemental Expert Opinions of Charles Anderson, and Memorandum in Support filed by Century Indemnity Company. (Chaffin, David) (Entered: 10/11/2005) DECLARATION re 297 Memorandum in Opposition to Motion of Shane R. Heskin by Century Indemnity 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# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12)(Chaffin, David) (Entered: 10/11/2005) AFFIDAVIT of Charles K. Anderson by Century Indemnity Company. (Chaffin, David) (Entered: 10/11/2005) Letter/request (nonmotion) from Boston Gas Company in Response to Century Indemnity Company's September 23, 2005 Letter and London Market Insurers' September 26, 2005 Letter. (Attachments: # 1 Exhibit to Letter to Judge Zobel)(Gibbons, John) (Entered: 10/11/2005) First MOTION for Joinder to Century's Motion for a Continuance, Motion to Compel and Motion for Leave to Conduct Discovery by Certain London Market Insurance Companies.(Harding, John) (Entered: 10/12/2005) NOTICE by Certain London Market Insurance Companies London Market Insurers' Deposition Designations for the Everett Trial (Harding, John)
10/07/2005
295
10/07/2005
296
10/11/2005
297
10/11/2005
298
10/11/2005
299
10/11/2005
300
10/12/2005
301
10/14/2005
302
43
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Document: 00116247067
Page: 46
Entry ID: 5573079
(Entered: 10/14/2005) 10/14/2005 303 Witness List by Boston Gas Company. (Attachments: # 1 Appendix of Deposition Designations)(Gibbons, John) (Entered: 10/14/2005) London Market Insurers' Witness List by Certain London Market Insurance Companies. (Harding, John) (Entered: 10/14/2005) NOTICE by Certain London Market Insurance Companies London Market Insurer's Amended Deposition Designations for Everett Trial (Harding, John) (Entered: 10/14/2005) Witness List for the Everett Trial by Century Indemnity Company. (Chaffin, David) (Entered: 10/14/2005) NOTICE by Century Indemnity Company Deposition Designations for the Everett Trial (Chaffin, David) (Entered: 10/14/2005) Amended Witness List by Century Indemnity Company. (Chaffin, David) (Entered: 10/14/2005) First MOTION in Limine to Exclude Expert Evidence of Residual Tar Calculations by Certain London Market Insurance Companies.(Harding, John) (Entered: 10/17/2005) CERTIFICATE OF CONSULTATION Pursuant to Local Rule 7.1 by David B. Chaffin on behalf of Century Indemnity Company. (Chaffin, David) (Entered: 10/17/2005) MOTION in Limine to Preclude Boston Gas from Introducing Any Evidence of Claims Handling Prior to August 4, 2005 by Century Indemnity Company.(Chaffin, David) (Entered: 10/17/2005) First MOTION in Limine to Preclude Testimony by Dr. Neil Shifrin on Post1960 MGP Related Operations at Everett by Certain London Market Insurance Companies. (Attachments: # 1 Exhibit Motion in Limine)(Harding, John) (Entered: 10/17/2005) MOTION in Limine to Preclude Testimony of John T. McKenna, Jr. by Century Indemnity Company.(Chaffin, David) (Entered: 10/17/2005) MEMORANDUM in Support re 313 MOTION in Limine to Preclude Testimony of John T. McKenna, Jr. filed by Century Indemnity Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Chaffin, David) (Entered: 10/17/2005)
10/14/2005
304
10/14/2005
305
10/14/2005 10/14/2005
306 307
10/14/2005 10/17/2005
308 309
10/17/2005
310
10/17/2005
311
10/17/2005
312
10/17/2005
313
10/17/2005
314
44
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Page: 47
Entry ID: 5573079
10/17/2005
315
First MOTION in Limine to Preclude Admission into Evidence of Deposition Testimony of Mendes &Mount and London Market Documents Produced at PRV 00012978 by Certain London Market Insurance Companies.(Harding, John) (Entered: 10/17/2005) MOTION in Limine to Preclude Certain London Slip Sheets and Other Documents by Century Indemnity Company.(Chaffin, David) (Entered: 10/17/2005) First MEMORANDUM in Support re 315 First MOTION in Limine to Preclude Admission into Evidence of Deposition Testimony of Mendes &Mount and London Market Documents Produced at PRV 00012978 filed by Certain London Market Insurance Companies. (Harding, John) (Entered: 10/17/2005) MEMORANDUM in Support re 316 MOTION in Limine to Preclude Certain London Slip Sheets and Other Documents filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1 Part 1 of 7# 2 Exhibit 1 Part 2 of 7# 3 Exhibit 1 Part 3 of 7# 4 Exhibit 1 Part 4 of 7# 5 Exhibit 1 Part 5 of 7# 6 Exhibit 1 Part 6 of 7# 7 Exhibit 1 Part 7 of 7)(Chaffin, David) (Entered: 10/17/2005) MOTION in Limine to Preclude Boston Gas from Introducing Any Secondary Evidence of the Century Missing Policies by Century Indemnity Company.(Chaffin, David) (Entered: 10/17/2005) MEMORANDUM in Support re 319 MOTION in Limine to Preclude Boston Gas from Introducing Any Secondary Evidence of the Century Missing Policies filed by Century Indemnity Company. (Chaffin, David) (Entered: 10/17/2005) DECLARATION re 319 MOTION in Limine to Preclude Boston Gas from Introducing Any Secondary Evidence of the Century Missing Policies of Shane R. Heskin by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Chaffin, David) (Entered: 10/17/2005) MOTION in Limine with Respect to the OwnedProperty Exclusion by Century Indemnity Company.(Chaffin, David) (Entered: 10/17/2005) MEMORANDUM in Support re 322 MOTION in Limine with Respect to the OwnedProperty Exclusion filed by Century Indemnity Company. (Chaffin, David) (Entered: 10/17/2005) DECLARATION re 322 MOTION in Limine with Respect to the OwnedProperty Exclusion of Shane R. Heskin by Century Indemnity Company. (Attachments: #
10/17/2005
316
10/17/2005
317
10/17/2005
318
10/17/2005
319
10/17/2005
320
10/17/2005
321
10/17/2005
322
10/17/2005
323
10/17/2005
324
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Page: 48
Entry ID: 5573079
1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5 Pt. 1 of 2# 6 Exhibit 5 Pt. 2 of 2# 7 Exhibit 6# 8 Exhibit 7 Pt. 1 of 2# 9 Exhibit 7 Pt. 2 of 2# 10 Exhibit 8# 11 Exhibit 9# 12 Exhibit 10# 13 Exhibit 11 Pt. 1 of 2# 14 Exhibit 11 Pt. 2 of 2# 15 Exhibit 12# 16 Exhibit 13# 17 Exhibit 14 Pt. 1 of 2# 18 Exhibit 14 Pt. 2 of 2# 19 Exhibit 15)(Chaffin, David) (Entered: 10/17/2005) 10/17/2005 325 MOTION in Limine to Admit the McKenna Reports by Century Indemnity Company.(Chaffin, David) (Entered: 10/17/2005) MEMORANDUM in Support re 325 MOTION in Limine to Admit the McKenna Reports filed by Century Indemnity Company. (Chaffin, David) (Entered: 10/17/2005) DECLARATION re 325 MOTION in Limine to Admit the McKenna Reports of David B. Chaffin by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3 Exhibit 4# 4 Exhibit 5 Exhibit 8# 5 Exhibit 9# 6 Exhibit 10 Exhibit 11)(Chaffin, David) (Entered: 10/17/2005) MOTION in Limine to Preclude Opinion Testimony of Plaintiff's Designated Expert, Neil S. Shifrin, Ph.D by Century Indemnity Company.(Chaffin, David) (Entered: 10/17/2005) MEMORANDUM in Support re 328 MOTION in Limine to Preclude Opinion Testimony of Plaintiff's Designated Expert, Neil S. Shifrin, Ph.D filed by Century Indemnity Company. (Chaffin, David) (Entered: 10/17/2005) MOTION in Limine to Exclude Expert Testimony by Boston Gas Company.(Gibbons, John) (Entered: 10/17/2005) MEMORANDUM in Support re 330 MOTION in Limine to Exclude Expert Testimony filed by Boston Gas 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# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12)(Gibbons, John) (Entered: 10/17/2005) DECLARATION re 328 MOTION in Limine to Preclude Opinion Testimony of Plaintiff's Designated Expert, Neil S. Shifrin, Ph.D of Shane R. Heskin by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 Pt. 1 of 4# 3 Exhibit 2 Pt. 2 of 4# 4 Exhibit 2 Pt. 3 of 4# 5 Exhibit 2 Pt. 4 of 4# 6 Exhibit 3# 7 Exhibit 4# 8 Exhibit 5# 9 Exhibit 6# 10 Exhibit 7# 11 Exhibit 8# 12 Exhibit 9)(Chaffin, David) (Entered: 10/17/2005)
10/17/2005
326
10/17/2005
327
10/17/2005
328
10/17/2005
329
10/17/2005
330
10/17/2005
331
10/17/2005
332
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Page: 49
Entry ID: 5573079
10/17/2005
333
MOTION in Limine Concerning Irrelevant Evidence by Boston Gas Company.(Gibbons, John) (Entered: 10/17/2005) MEMORANDUM in Support re 333 MOTION in Limine Concerning Irrelevant Evidence filed by Boston Gas Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Gibbons, John) (Entered: 10/17/2005) NOTICE of Hearing on Motion : Motion Hearing set for 11/2/2005 09:30 AM in Courtroom 12 before Judge Rya W. Zobel. On all pending motions.(Urso, Lisa) (Entered: 10/18/2005)
10/17/2005
334
10/18/2005
10/18/2005
335
Amended MOTION in Limine to Preclude Boston Gas from Introducing Any Evidence of Claims Handling Prior to August 4, 1995 by Century Indemnity Company.(Chaffin, David) (Entered: 10/18/2005) Letter/request (nonmotion) from Counsel for London Market Insurers to the Honorable Rya W. Zobel Regarding 11/2/05 Motion Hearing. (Harding, John) (Entered: 10/18/2005) REPLY to Response to Motion re 290 MOTION to Strike the Supplemental Expert Opinions of Charles Anderson, and Memorandum in Support filed by Boston Gas Company. (Attachments: # 1 Appendix of Exhibits 14)(Gibbons, John) (Entered: 10/21/2005) STIPULATION of Dismissal by Certain London Market Insurance Companies, Century Indemnity Company. (Johnson, Jay) (Entered: 10/25/2005) MOTION for Joinder to London Market Insurers' Motion in Limine to Preclude Testimony by Dr. Neil Shifrin on Post1960 MGP Related Operations at Everett by Century Indemnity Company.(Chaffin, David) (Entered: 10/25/2005) MOTION for Joinder to London Market Insurers' Motion In Limine to Exclude Expert Evidence of Residual Tar Calculations by Century Indemnity Company.(Chaffin, David) (Entered: 10/25/2005) MEMORANDUM in Opposition re 294 MOTION to Compel , Motion for a Continuance and Motion for Leave to Conduct Discovery, 301 First MOTION for Joinder to Century's Motion for a Continuance, Motion to Compel and Motion for Leave to Conduct Discovery filed by Boston Gas Company. (Attachments: # 1 Exhibit 113)(Gibbons, John) (Entered: 10/28/2005)
10/18/2005
336
10/21/2005
337
10/24/2005
338
10/25/2005
339
10/25/2005
340
10/28/2005
341
10/31/2005
342
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Document: 00116247067
Page: 50
Entry ID: 5573079
REPLY to Response to Motion re 294 MOTION to Compel , Motion for a Continuance and Motion for Leave to Conduct Discovery filed by Century Indemnity Company. (Chaffin, David) (Entered: 10/31/2005) 10/31/2005 343 MEMORANDUM in Opposition re 333 MOTION in Limine Concerning Irrelevant Evidence filed by Century Indemnity Company. (Attachments: # 1 Exhibit A Exhibit C# 2 Exhibit D Exhibit F)(Chaffin, David) (Entered: 10/31/2005) DECLARATION re 343 Memorandum in Opposition to Motion of David B. Chaffin by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Chaffin, David) (Entered: 10/31/2005) First Opposition re 330 MOTION in Limine to Exclude Expert Testimony of Professor Eric Suuberg filed by Certain London Market Insurance Companies. (Attachments: # 1 Exhibit)(Harding, John) (Entered: 10/31/2005) Objection by Century Indemnity Company TO AND COUNTERDESIGNATIONS OF DEPOSITION TESTIMONY. (Chaffin, David) (Entered: 10/31/2005) RESPONSE to Motion re 312 First MOTION in Limine to Preclude Testimony by Dr. Neil Shifrin on Post1960 MGP Related Operations at Everett filed by Boston Gas Company. (Gibbons, John) (Entered: 10/31/2005) MEMORANDUM in Opposition re 340 MOTION for Joinder to London Market Insurers' Motion In Limine to Exclude Expert Evidence of Residual Tar Calculations, 309 First MOTION in Limine to Exclude Expert Evidence of Residual Tar Calculations filed by Boston Gas Company. (Attachments: # 1 Exhibit to Opposition)(Gibbons, John) (Entered: 10/31/2005) MEMORANDUM in Opposition re 319 MOTION in Limine to Preclude Boston Gas from Introducing Any Secondary Evidence of the Century Missing Policies filed by Boston Gas Company. (Attachments: # 1 Exhibit to Opposition to Motion)(Gibbons, John) (Entered: 10/31/2005) MEMORANDUM in Opposition re 328 MOTION in Limine to Preclude Opinion Testimony of Plaintiff's Designated Expert, Neil S. Shifrin, Ph.D filed by Boston Gas Company. (Attachments: # 1 Exhibit to Opposition)(Gibbons, John) (Entered: 10/31/2005) Opposition re 330 MOTION in Limine to Exclude Expert Testimony filed by Century Indemnity Company.
10/31/2005
344
10/31/2005
345
10/31/2005
346
10/31/2005
347
10/31/2005
348
10/31/2005
349
10/31/2005
350
10/31/2005
351
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Document: 00116247067
Page: 51
Entry ID: 5573079
(Chaffin, David) (Entered: 10/31/2005) 10/31/2005 352 MEMORANDUM in Opposition re 315 First MOTION in Limine to Preclude Admission into Evidence of Deposition Testimony of Mendes &Mount and London Market Documents Produced at PRV 00012978 filed by Boston Gas Company. (Gibbons, John) (Entered: 10/31/2005) MOTION to Strike 304 Witness List, 306 Witness List by Boston Gas Company. (Attachments: # 1 Exhibit to Motion)(Gibbons, John) (Entered: 10/31/2005) MEMORANDUM in Opposition re 322 MOTION in Limine with Respect to the OwnedProperty Exclusion filed by Boston Gas Company. (Attachments: # 1 Appendix of Exhibits)(Gibbons, John) (Entered: 10/31/2005) RESPONSE to Motion re 335 Amended MOTION in Limine to Preclude Boston Gas from Introducing Any Evidence of Claims Handling Prior to August 4, 1995, 311 MOTION in Limine to Preclude Boston Gas from Introducing Any Evidence of Claims Handling Prior to August 4, 2005 filed by Boston Gas Company. (Gibbons, John) (Entered: 10/31/2005) MEMORANDUM in Opposition re 316 MOTION in Limine to Preclude Certain London Slip Sheets and Other Documents filed by Boston Gas Company. (Attachments: # 1 Appendix of Exhibits)(Gibbons, John) (Entered: 10/31/2005) EXHIBIT re 346 Objection by Century Indemnity Company. (Attachments: # 1 Exhibit B# 2 Exhibit C# 3 Exhibit D)(Chaffin, David) (Entered: 10/31/2005) MEMORANDUM in Opposition re 325 MOTION in Limine to Admit the McKenna Reports, 313 MOTION in Limine to Preclude Testimony of John T. McKenna, Jr. filed by Boston Gas Company. (Attachments: # 1 Appendix of Exhibits)(Gibbons, John) (Entered: 10/31/2005) DECLARATION re 351 Opposition to Motion of Shane R. Heskin by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Chaffin, David) (Entered: 10/31/2005) Objection to 305 Notice (Other), 307 Notice (Other) by Boston Gas Company of Objections and CounterDesignations to Century and London's Deposition Designations. (Gibbons, John) (Entered: 10/31/2005)
10/31/2005
353
10/31/2005
354
10/31/2005
355
10/31/2005
356
10/31/2005
357
10/31/2005
358
10/31/2005
359
10/31/2005
360
49
Case: 11-1931
Document: 00116247067
Page: 52
Entry ID: 5573079
11/01/2005
Notice of correction to docket made by Court staff. Correction: #347350 corrected because: Pleadings must be signed by the attorney who filed the documents. Email sent describing the fix. (Johnson, Jay) (Entered: 11/01/2005) 361 Objection by Century Indemnity Company TO AND COUNTERDESIGNATIONS OF DEPOSITION TESTIMONY (CORRECTED). (Attachments: # 1 Exhibits)(Chaffin, David) (Entered: 11/01/2005) Letter/request (nonmotion) from Boston Gas Company regarding proposal for November 2, 2005 Hearing. (Gibbons, John) (Entered: 11/01/2005) REPLY to Response to Motion re 319 MOTION in Limine to Preclude Boston Gas from Introducing Any Secondary Evidence of the Century Missing Policies filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Chaffin, David) (Entered: 11/01/2005) Judge Rya W. Zobel : Order on Pretrial MotionsORDER entered granting 275 Motion for Leave to Appear Pro Hac Vice, granting 284 Motion for Leave to Appear Pro Hac Vice, granting 290 Motion to Strike, denying 294 Motion to Compel, finding as moot 301 Motion for Joinder, finding as moot 309 Motion in Limine, granting in part and denying in part 311 Motion in Limine, finding as moot 312 Motion in Limine, denying 313 Motion in Limine, finding as moot 315 Motion in Limine, denying 316 Motion in Limine, denying 319 Motion in Limine, denying 322 Motion in Limine, denying 325 Motion in Limine, denying 328 Motion in Limine, reserving ruling on 330 Motion in Limine, granting in part and denying in part 335 Motion in Limine, granting 339 Motion for Joinder, granting 340 Motion for Joinder, granting 353 Motion to Strike as to Boston Gas Counsel and defer to the rest. (Urso, Lisa) (Entered: 11/04/2005) CERTIFICATE OF CONSULTATION Pursuant to Local Rule 7.1 by David B. Chaffin on behalf of Century Indemnity Company. (Chaffin, David) (Entered: 11/04/2005) MOTION to Amend The September 20, 2005 Pretrial Order by Century Indemnity Company. (Attachments: # 1 Exhibit Ex. 1 (1 of 3)# 2 Ex. 1 (2 of 3)# 3 Ex. 1 (3 of 3))(Chaffin, David) (Entered: 11/04/2005) TRANSCRIPT of Motions Hearing held on November 2, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by
11/01/2005
11/01/2005
362
11/01/2005
363
11/04/2005
364
11/04/2005
365
11/04/2005
366
11/07/2005
367
50
Case: 11-1931
Document: 00116247067
Page: 53
Entry ID: 5573079
contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/07/2005) 11/07/2005 368 MOTION to Quash Discovery Subpoenas Served for Trial by Boston Gas Company. (Attachments: # 1 Appendix of Exhibits 14)(Gibbons, John) (Entered: 11/07/2005) NOTICE by Century Indemnity Company of Supplemental CounterDesignations of the Deposition Testimony of Judith A. Harnadek (Chaffin, David) (Entered: 11/09/2005) MEMORANDUM in Opposition re 368 MOTION to Quash Discovery Subpoenas Served for Trial filed by Century Indemnity Company. (Chaffin, David) (Entered: 11/09/2005) TRIAL BRIEF by Century Indemnity Company. (Attachments: # 1 Index Part 1 of 10# 2 Index Part 2 of 10# 3 Index Part 3 of 10# 4 Index Part 4 of 10# 5 Index Part 5 of 10# 6 Index Part 6 of 10# 7 Index Part 7 of 10# 8 Index Part 8 of 10# 9 Index Part 9 of 10# 10 Index Part 10 of 10)(Chaffin, David) (Entered: 11/09/2005) TRIAL BRIEF by Century Indemnity Company. (Attachments: # 1 Index Part 1 of 10# 2 Index Part 2 of 10# 3 Index Part 3 of 10# 4 Index Part 4 of 10# 5 Index Part 5 of 10# 6 Index Part 6 of 10# 7 Index Part 7 of 10# 8 Index Part 8 of 10# 9 Index Part 9 of 10# 10 Index Part 10 of 10)(Chaffin, David) (Entered: 11/09/2005) MEMORANDUM in Opposition re 366 MOTION to Amend The September 20, 2005 Pretrial Order filed by Boston Gas Company. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Gibbons, John) (Entered: 11/10/2005) Letter/request (nonmotion) from Boston Gas Company Regarding Century's Trial Brief. (Gibbons, John) (Entered: 11/10/2005) Proposed Voir Dire by Boston Gas Company. (Gibbons, John) (Entered: 11/10/2005) Proposed Voir Dire by Century Indemnity Company. (Chaffin, David) (Entered: 11/11/2005) NOTICE by Century Indemnity Company Proposed Statement of the Case for the Jury (Chaffin, David) (Entered: 11/11/2005) Proposed Jury Verdict by Century Indemnity Company. (Chaffin, David) (Entered: 11/14/2005) Trial Exhibit List by Century Indemnity Company.. (Chaffin, David) (Entered: 11/14/2005)
11/09/2005
369
11/09/2005
370
11/09/2005
371
11/09/2005
372
11/10/2005
373
11/10/2005
374
11/10/2005 11/11/2005 11/11/2005
375 376 377
11/14/2005 11/14/2005
378 379
51
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Document: 00116247067
Page: 54
Entry ID: 5573079
11/14/2005 11/14/2005
380 381
Proposed Jury Instructions by Century Indemnity Company. (Chaffin, David) (Entered: 11/14/2005) Objection by Century Indemnity Company to Boston Gas Company's CounterDesignations of Deposition Testimony. (Chaffin, David) (Entered: 11/14/2005) Proposed Jury Instructions by Boston Gas Company. (Gibbons, John) (Entered: 11/14/2005) Trial Exhibit List by Boston Gas Company.. (Gibbons, John) (Entered: 11/14/2005) Objection to 346 Objection by Boston Gas Company to Century Indemnity Company Counter Designations. (Attachments: # 1 Exhibit 1)(Gibbons, John) (Entered: 11/14/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Selection held on 11/14/2005. 8 jurors selected; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 11/15/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day 2 held on 11/15/2005. 8 jurors sworn; openings; plaintiff's witness #1 Alexander Taft; direct; cross; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 11/15/2005)
11/14/2005 11/14/2005 11/14/2005
382 383 384
11/14/2005
11/15/2005
11/16/2005
385
TRANSCRIPT of Jury Trial Day Two (Volume 1) held on November 15, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/16/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day Three held on 11/16/2005. Witness #2 Stephanie A. Shepard; direct and cross; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 11/18/2005)
11/16/2005
11/17/2005
386
TRANSCRIPT of Jury Trial Day Two (Volume 2) held on November 15, 2005 before Judge Zobel. Court Reporter: Lisa W. Starr. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/4235841 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/17/2005) TRANSCRIPT of Jury Trial Day Three held on November 16, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies
11/17/2005
387
52
Case: 11-1931
Document: 00116247067
Page: 55
Entry ID: 5573079
may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/17/2005) 11/17/2005 388 TRANSCRIPT of Jury Trial Day Four (Volume 1) held on November 7, 2005 before Judge Zobel. Court Reporter: Lisa W. Starr. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/4235841 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/17/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day Four held on 11/17/2005. Witness #3 Leonard Cripps; direct; cross; redirect; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 11/18/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day Five held on 11/18/2005. No jurors; Judge talks to counsel on some issues; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 11/18/2005) 389 390 Letter/request (nonmotion). (Chaffin, David) (Entered: 11/18/2005) TRANSCRIPT of Jury Trial Day Four (Volume 2) held on November 17, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/18/2005) Letter/request (nonmotion) from Guy A. Cellucci w/exhibits 13. (Johnson, Jay) (Entered: 11/21/2005) Letter/request (nonmotion) from Boston Gas Company Regarding Century's Late Notice Argument. (Attachments: # 1 Exhibit 1)(Gibbons, John) (Entered: 11/20/2005) TRANSCRIPT of Jury Trial Day One held on November 14, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/21/2005) TRANSCRIPT of Motions Hearing held on November 18, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the
11/17/2005
11/18/2005
11/18/2005 11/18/2005
11/18/2005 11/20/2005
392 391
11/21/2005
393
11/21/2005
394
53
Case: 11-1931
Document: 00116247067
Page: 56
Entry ID: 5573079
Clerk's Office. (Scalfani, Deborah) (Entered: 11/21/2005) 11/21/2005 ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day Six held on 11/21/2005; witness #4 Frederick Victor Shorten; direct; cross; redirect; witness #5 James Robertson Greacen; direct; cross; (Court Reporter Catherine Handel.) (Urso, Lisa) Modified on 11/22/2005 (Urso, Lisa). (Entered: 11/22/2005) 395 TRANSCRIPT of Jury Trial Day Five held on November 21, 2005 before Judge Zobel. Court Reporter: Lisa W. Starr. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/4235841 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/22/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial day seven held on 11/22/2005. continued of Greacen; redirect; defendant's witness #1 Judith A. Harnadek; direct; cross;; plaintiff's witness #6 James Robert Ash; direct; (Court Reporter Cahtine Handel.) (Urso, Lisa) Modified on 11/22/2005 (Urso, Lisa). (Entered: 11/22/2005) 396 TRANSCRIPT of Jury Trial Day Seven (Volume One) held on November 22, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/23/2005) TRANSCRIPT of Jury Trial Day Seven (Volume Two) held on November 22, 2005 before Judge Zobel. Court Reporter: Lee A. Marzilli. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/3456787 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/23/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day eight held on 11/23/2005; witness #6 Ash continued direct; cross; redirect; recross; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 11/30/2005) 398 TRANSCRIPT of Jury Trial Day Seven (Volume 2) held on November 23, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/28/2005)
11/22/2005
11/22/2005
11/23/2005
11/23/2005
397
11/23/2005
11/28/2005
54
Case: 11-1931
Document: 00116247067
Page: 57
Entry ID: 5573079
11/28/2005
399
TRANSCRIPT of Jury Trial Day Seven (Volume 1) held on November 23, 2005 before Judge Zobel. Court Reporter: Lisa W. Starr. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/4235841 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/28/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day Nine held on 11/28/2005. Witness #7 Dr. Neil Shifrin (expert); direct;cross; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 11/30/2005)
11/28/2005
11/29/2005
400
TRANSCRIPT of Jury Trial Day Eight (Volume 2) held on November 29, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 11/29/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day Ten held on 11/29/2005. Shifrin cross continued; redirect; recross; witness # 8 Cincotta; direct; cross; redirect; plaintiff's rests; defendant witness #2 Jack Stoke; direct; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 11/30/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day 11 held on 11/30/2005; continued direct on Stoke; cross; direct on Meehan; cross on his qualifications; and continued direct; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 12/07/2005)
11/29/2005
11/30/2005
11/30/2005
420
MOTION for Judgment as a Matter of Law by Century Indemnity Company. (never docketed)(Urso, Lisa) (Entered: 12/30/2005) TRANSCRIPT of Jury Trial Day Eight (Volume 1) held on November 28, 2005 before Judge Zobel. Court Reporter: Lisa W. Starr. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/4235841 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/01/2005) TRANSCRIPT of Jury Trial Day Nine (Volume 1) held on November 29, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter
12/01/2005
401
12/01/2005
402
55
Case: 11-1931
Document: 00116247067
Page: 58
Entry ID: 5573079
at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/01/2005) 12/01/2005 403 TRANSCRIPT of Jury Trial Day Nine (Volume 2) held on November 29, 2005 before Judge Zobel. Court Reporter: Lisa W. Starr. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/01/2005) TRANSCRIPT of Jury Trial Day Ten (Volume 1) held on November 30, 2005 before Judge Zobel. Court Reporter: Catherine A.Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/01/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial day 12 held on 12/1/2005; direct of defendant's witness #3 continued; cross; defendant's witness #4 John McKenna; no cross; witness # 5 Charles Anderson; cross; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 12/07/2005) 405 TRANSCRIPT of Jury Trial Day Ten (Volume 2) held on November 30, 2005 before Judge Zobel. Court Reporter: Lisa W. Starr. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/4235841 or the Clerk's Office. (Scalfani, Deborah) Modified on 12/5/2005 (Scalfani, Deborah). (Entered: 12/05/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial day 13 held on 12/2/2005. Charge conference with counsel; defendant's witness #6 Eric Suerberg; cross;; plaintiff's move for directed verdict; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 12/07/2005) 406 TRANSCRIPT of Jury Trial Day Eleven (Volume 1) held on December 1, 2005 before Judge Zobel. Court Reporter: Lisa W.Starr. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/4235841 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/05/2005) TRANSCRIPT of Jury Trial Day Eleven (Volume 2) on December 1, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at
12/01/2005
404
12/01/2005
12/02/2005
12/02/2005
12/05/2005
12/05/2005
407
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Case: 11-1931
Document: 00116247067
Page: 59
Entry ID: 5573079
617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/05/2005) 12/05/2005 408 TRANSCRIPT of Jury Trial Day Twelve (Volume 1) held on December 2, 2005 before Judge Zobel. Court Reporter: Lisa W. Starr. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/4235841 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/05/2005) Trial Exhibit List by Century Indemnity Company.. (Chaffin, David) (Entered: 12/05/2005) TRANSCRIPT of Jury Trial Day Twelve (Volume 2) held on December 2, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/05/2005) TRANSCRIPT of Jury Trial Day Twelve (Jury Charge Conferene) held on December 2, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/05/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial day 14 held on 12/5/2005. Closing arguments by defendant; then plaintiff's; Jury charged; Jurors leave at 3:00p.m. to return on 12/6/05 (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 12/07/2005) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial day 15 completed on 12/6/2005. question #2 from jurors; Verdict returned at 10:30 a.m. for plaintiffs in the amount of $6,227,327.90. (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 12/07/2005) 412 JURY VERDICT in favor of plaintiff against defendants in the amount of $6,227,327.90(Urso, Lisa) (Entered: 12/07/2005) TRANSCRIPT of Jury Trial Day Thirteen held on December 5, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 6172610555 or the Clerk's Office. (Scalfani, Deborah)
12/05/2005 12/05/2005
409 410
12/05/2005
411
12/05/2005
12/06/2005
12/06/2005
12/09/2005
413
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Document: 00116247067
Page: 60
Entry ID: 5573079
(Entered: 12/09/2005) 12/12/2005 12/16/2005 414 415 Objection by Century Indemnity Company to Special Questions. (Chaffin, David) (Entered: 12/12/2005) MOTION for Entry of Judgment under Rule 54(b) Application for An Order of Final Judgment and For Declaratory Relief by Boston Gas Company. (Attachments: # 1 Exhibit Proposed Order of Final Judgment and For Declaratory Relief)(Gibbons, John) (Entered: 12/16/2005) Assented to MOTION for Extension of Time to File Response/Reply as to 415 MOTION for Entry of Judgment under Rule 54(b) Application for An Order of Final Judgment and For Declaratory Relief by Century Indemnity Company.(Chaffin, David) (Entered: 12/20/2005) TRANSCRIPT of Jury Verdict held on December 6, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/21/2005) TRANSCRIPT of Jury Question held on December 6, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/21/2005) TRANSCRIPT of Jury Question held on December 5, 2005 before Judge Zobel. Court Reporter: Catherine A.Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 12/21/2005) Judge Rya W. Zobel : Electronic ORDER entered granting 416 Motion for Extension of Time to File Response/Reply re 415 MOTION for Entry of Judgment under Rule 54(b) Application for An Order of Final Judgment and For Declaratory Relief Responses due by 1/6/2006 (Urso, Lisa) (Entered: 12/22/2005) 421 Opposition re 415 MOTION for Entry of Judgment under Rule 54(b) Application for An Order of Final Judgment and For Declaratory Relief filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Chaffin, David) (Entered: 01/06/2006)
12/20/2005
416
12/21/2005
417
12/21/2005
418
12/21/2005
419
12/22/2005
01/06/2006
01/11/2006
422
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Document: 00116247067
Page: 61
Entry ID: 5573079
NOTICE of Appearance by William P. Mekrut on behalf of Complex Insurance Claims Litigation Association (Mekrut, William) (Entered: 01/11/2006) 01/11/2006 423 MOTION for Leave to File Amicus Curiae Brief in Support of Century Indemnity's Motion to Certify the Question of Allocation to the Massachusetts Supreme Judicial Court by Complex Insurance Claims Litigation Association. (Attachments: # 1 Memorandum of Law of Complex Insurance Claims Litigation Association in Support of Century Indemnity Company's Motion to Certify the Question of Allocation to the Massachusetts Supreme Judicial Court)(Mekrut, William) (Entered: 01/11/2006) CORPORATE DISCLOSURE STATEMENT by Complex Insurance Claims Litigation Association. (Mekrut, William) (Entered: 01/11/2006) MOTION to Certify the Question of Allocation to the Massachusetts Supreme Judicial Court by Century Indemnity Company.(Chaffin, David) (Entered: 01/11/2006) MEMORANDUM in Support re 425 MOTION to Certify the Question of Allocation to the Massachusetts Supreme Judicial Court filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3 Part 1 of 2# 4 Exhibit 3 Part 2 of 2# 5 Exhibit 4# 6 Exhibit 5 Part 1 of 2# 7 Exhibit 5 Part 2 of 2)(Chaffin, David) (Entered: 01/11/2006) NOTICE of Hearing:Motion hearing set for 2/14/2006 03:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 01/20/2006) 427 Assented to MOTION for Leave to File Reply Brief In Excess of Five Page Limit by Boston Gas Company. (Attachments: # 1 Exhibit Reply In Support of Application for Judgment)(Gibbons, John) (Entered: 01/20/2006) First MOTION for Joinder in Century Indemnity Company' Motion to Certify the Question of Allocation to the Massachusetts Supreme Judicial Court by Certain London Market Insurance Companies.(Harding, John) (Entered: 01/23/2006) Opposition re 425 MOTION to Certify the Question of Allocation to the Massachusetts Supreme Judicial Court filed by Boston Gas Company. (Attachments: # 1 Exhibit Exhibits 15 to Opposition)(Gibbons, John) (Entered: 01/27/2006)
01/11/2006
424
01/11/2006
425
01/11/2006
426
01/20/2006
01/20/2006
01/23/2006
428
01/27/2006
429
02/01/2006
430
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Page: 62
Entry ID: 5573079
MEMORANDUM in Opposition re 423 MOTION for Leave to File Amicus Curiae Brief in Support of Century Indemnity's Motion to Certify the Question of Allocation to the Massachusetts Supreme Judicial Court and Motion to Strike Proposed CICLA Brief filed by Boston Gas Company. (Attachments: # 1 Exhibit 1 and 2)(Gibbons, John) (Entered: 02/01/2006) 02/03/2006 431 REPLY to Response to Motion re 425 MOTION to Certify the Question of Allocation to the Massachusetts Supreme Judicial Court filed by Century Indemnity Company. (Chaffin, David) (Entered: 02/03/2006) MOTION for Leave to File Reply to Boston Gas' Opposition To, and Motion to Strike, The Complex Insurance Claims Litigation Association's Motion for Leave by Complex Insurance Claims Litigation Association. (Attachments: # 1 [Proposed] Complex Insurance Claims Litigation Association's Reply Brief In Support Of Its Motion to Appear as Amicus Curiae)(Mekrut, William) (Entered: 02/03/2006) Letter/request (nonmotion). (Chaffin, David) (Entered: 02/08/2006) Judge Rya W. Zobel : endorsedORDER entered denying 432 Motion for Leave to File Amicus Curiae Brief (Urso, Lisa) (Entered: 02/10/2006) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Motion Hearing held on 2/14/2006 re 425 MOTION to Certify the Question of Allocation to the Massachusetts Supreme Judicial Court filed by Century Indemnity Company,, 415 MOTION for Entry of Judgment under Rule 54(b) Application for An Order of Final Judgment and For Declaratory Relief filed by Boston Gas Company,. Judge hears counsel and takes the matter under advisement; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 02/14/2006) 434 TRANSCRIPT of Motions Hearing held on February 14, 2006 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 02/28/2006) Judge Rya W. Zobel : Electronic ORDER entered granting 427 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures (Urso, Lisa) (Entered: 05/26/2006)
02/03/2006
432
02/08/2006 02/10/2006
433
02/14/2006
02/27/2006
05/26/2006
60
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Document: 00116247067
Page: 63
Entry ID: 5573079
05/26/2006
435
REPLY to Response to Motion re 415 MOTION for Entry of Judgment under Rule 54(b) Application for An Order of Final Judgment and For Declaratory Relief filed by Boston Gas Company. (Urso, Lisa) (Entered: 05/26/2006) Letter/request (nonmotion) from Boston Gas Company. (Gibbons, John) (Entered: 06/05/2006) Judge Rya W. Zobel : Memorandum of DecisionORDER entered granting 415 Motion for Entry of Judgment under Rule 54(b), granting 423 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures, denying 425 Motion, granting 428 Motion for Joinder (Urso, Lisa) (Entered: 06/21/2006) Judge Rya W. Zobel : ORDER entered. JUDGMENT in favor of Boston Gas (Urso, Lisa) (Entered: 06/21/2006) AMICUS BRIEF filed by Complex Insurance Claims Litigation Association In Support of Century Indemnity Company's Motion to Certify the Question of Allocation To The Massachusetts Supreme Judicial Court. (Mekrut, William) (Entered: 06/23/2006) MOTION for Judgment as a Matter of Law , or in the Alternative, Motion for a New Trial by Century Indemnity Company.(Chaffin, David) (Entered: 06/30/2006) MEMORANDUM in Support re 440 MOTION for Judgment as a Matter of Law , or in the Alternative, Motion for a New Trial filed by Century Indemnity Company. (Attachments: # 1 Memorandum, Part 2# 2 Exhibit 1# 3 Exhibit 2, Part 1# 4 Exhibit 2.part.2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6# 9 Exhibit 7.part.1# 10 Exhibit 7.part.2# 11 Exhibit 8.part.1# 12 Exhibit 8.part.2# 13 Exhibit 8.part.3# 14 Exhibit 9# 15 Exhibit 10# 16 Exhibit 11.part.1# 17 Exhibit 11.part.2# 18 Exhibit 11.part.3# 19 Exhibit 11.part.4# 20 Exhibit 12# 21 Exhibit 13# 22 Exhibit 14# 23 Exhibit 15.part.1# 24 Exhibit 15.part.2# 25 Exhibit 15.part.3# 26 Exhibit 16# 27 Exhibit 17.part.1# 28 Exhibit 17.part.2# 29 Exhibit 17.part.3# 30 Exhibit 18# 31 Exhibit 19.part.1# 32 Exhibit 19.part.2# 33 Errata 20# 34 Exhibit 21.part.1# 35 Exhibit 21.part.2# 36 Exhibit 22.part.1# 37 Exhibit 22.part.2# 38 Errata 23# 39 Exhibit 24.part.1# 40 Exhibit 24.part.2# 41 Exhibit 25# 42 Exhibit 26# 43 Exhibit 27# 44 Exhibit 28# 45 Exhibit 29# 46 Exhibit 30# 47 Exhibit 31.part.1# 48 Exhibit 31.part.2# 49 Exhibit 31.part.3# 50 Exhibit 32# 51 Exhibit 33# 52 Exhibit 34)(Chaffin, David) (Entered: 06/30/2006)
06/05/2006 06/21/2006
436 437
06/21/2006 06/23/2006
438 439
06/30/2006
440
06/30/2006
441
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06/30/2006
442
MOTION for Leave to File Excess Pages by Century Indemnity Company.(Chaffin, David) (Entered: 06/30/2006) MOTION to Alter Judgment by Century Indemnity Company.(Chaffin, David) (Entered: 06/30/2006) MEMORANDUM in Support re 443 MOTION to Alter Judgment filed by Century Indemnity 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# 9 Exhibit 9# 10 Exhibit 10)(Chaffin, David) (Entered: 06/30/2006) Notice of correction to docket made by Court staff. Correction: #442 Motion for leave and 441 Memorandum in Support corrected because: Motion for leave to file memorandum should be filed w/ attached memorandum, and the memorandum should not be docketed as the motion for leave has not been granted. Email sent describing the fix. (Johnson, Jay) (Entered: 07/05/2006)
06/30/2006 06/30/2006
443 444
07/05/2006
07/05/2006
445
MOTION for Leave to File MEMORANDUM IN EXCESS OF TWENTY PAGES by Century Indemnity Company. (Attachments: # 1 Exhibit A Part 1# 2 Exhibit A Part 2# 3 Exhibit 1# 4 Exhibit 2 Part 1# 5 Exhibit 2 Part 2# 6 Exhibit 3# 7 Exhibit 4# 8 Exhibit 5# 9 Exhibit 6# 10 Exhibit 7 Part 1# 11 Exhibit 7 Part 2# 12 Exhibit 8 Part 1# 13 Exhibit 8 Part 2# 14 Exhibit 8 Part 3# 15 Exhibit 9# 16 Exhibit 10# 17 Exhibit 11 Part 1# 18 Exhibit 11 Part 2# 19 Exhibit 11 Part 3# 20 Exhibit 11 Part 4# 21 Exhibit 12# 22 Exhibit 13# 23 Exhibit 14# 24 Exhibit 15 Part 1# 25 Exhibit 15 Part 2# 26 Exhibit 15 Part 3# 27 Exhibit 16# 28 Exhibit 17 Part 1# 29 Exhibit 17 Part 2# 30 Exhibit 17 Part 3# 31 Exhibit 18# 32 Exhibit 19 Part 1# 33 Exhibit 19 Part 2# 34 Exhibit 20# 35 Exhibit 21 Part 1# 36 Exhibit 21 Part 2# 37 Exhibit 22 Part 1# 38 Exhibit 22 Part 2# 39 Exhibit 23# 40 Exhibit 24 Part 1# 41 Exhibit 24 Part 2# 42 Exhibit 25# 43 Exhibit 26# 44 Exhibit 27# 45 Exhibit 28# 46 Exhibit 29# 47 Exhibit 30# 48 Exhibit 31 Part 1# 49 Exhibit 31 Part 2# 50 Exhibit 31 Part 3# 51 Exhibit 32# 52 Exhibit 33# 53 Exhibit 34)(Chaffin, David) (Entered: 07/05/2006) NOTICE of Change of Address by John A. Gibbons (Gibbons, John) (Entered: 07/06/2006) MOTION FOR LEAVE TO SUBSTITUTE CHARLES ANDERSON AS ITS EXPERT IN HYDROGEOLOGY by Century Indemnity Company.(Chaffin, David) (Entered: 07/17/2006) MEMORANDUM in Support re 447 MOTION FOR LEAVE TO SUBSTITUTE CHARLES ANDERSON AS
07/06/2006 07/17/2006
446 447
07/17/2006
448
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Entry ID: 5573079
ITS EXPERT IN HYDROGEOLOGY filed by Century Indemnity Company. (Chaffin, David) (Entered: 07/17/2006) 07/18/2006 449 MOTION SEEKING A SCHEDULING ORDER FOR DETERMINING THE AEGIS OFFSET AND FOR LEAVE TO CONDUCT DISCOVERY OR IN THE ALTERNATIVE FOR A STAY OF THE EVERETT JUDGMENT PENDING THE COURT'S RESOLUTION OF THE AEGIS OFFSET by Century Indemnity Company.(Chaffin, David) (Entered: 07/18/2006) MEMORANDUM in Support re 449 MOTION SEEKING A SCHEDULING ORDER FOR DETERMINING THE AEGIS OFFSET AND FOR LEAVE TO CONDUCT DISCOVERY OR IN THE ALTERNATIVE FOR A STAY OF THE EVERETT JUDGMENT PENDING THE COURT'S RESOLUTION OF THE AEGIS OFFSET filed by Century Indemnity Company. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Chaffin, David) (Entered: 07/18/2006) Consent MOTION for Extension of Time to August 14, 2006 to File Response/Reply as to 443 MOTION to Alter Judgment, 440 MOTION for Judgment as a Matter of Law , or in the Alternative, Motion for a New Trial, 445 MOTION for Leave to File MEMORANDUM IN EXCESS OF TWENTY PAGES, 441 Memorandum in Support of Motion,,,,,, 442 MOTION for Leave to File Excess Pages, 444 Memorandum in Support of Motion, by Boston Gas Company.(Gibbons, John) (Entered: 07/20/2006) Consent MOTION for Extension of Time to July 28, 2006 to File Fee Application by Boston Gas Company.(Gibbons, John) (Entered: 07/20/2006) Judge Rya W. Zobel : Electronic ORDER entered granting 451 Motion for Extension of Time to File Response/Reply re 440 MOTION for Judgment as a Matter of Law , or in the Alternative, Motion for a New Trial, 443 MOTION to Alter Judgment, granting 452 Motion for Extension of Time Responses due by 8/14/2006 (Urso, Lisa) (Entered: 07/20/2006) 454 MOTION to Seal by Boston Gas Company. (Attachments: # 1 ECF Mandatory Filing Notice)(Johnson, Jay) (Entered: 08/01/2006) TRANSCRIPT of Jury Question held on December 6, 2005 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the
07/18/2006
450
07/20/2006
451
07/20/2006
452
07/20/2006
07/28/2006
07/31/2006
453
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Clerk's Office. (Scalfani, Deborah) (Entered: 07/31/2006) 08/02/2006 455 Opposition re 447 MOTION FOR LEAVE TO SUBSTITUTE CHARLES ANDERSON AS ITS EXPERT IN HYDROGEOLOGY filed by Boston Gas Company. (Attachments: # 1 Affidavit of John A. Gibbons# 2 Exhibit A# 3 Exhibit B Part 1# 4 Exhibit B Part 2# 5 Exhibit C)(Gibbons, John) (Entered: 08/02/2006) Notice of correction to docket made by Court staff. Correction: #455 Opposition corrected because: Attorney who files the document must sign the document. Email sent describing the fix. (Johnson, Jay) (Entered: 08/03/2006) 456 Opposition re 449 MOTION SEEKING A SCHEDULING ORDER FOR DETERMINING THE AEGIS OFFSET AND FOR LEAVE TO CONDUCT DISCOVERY OR IN THE ALTERNATIVE FOR A STAY OF THE EVERETT JUDGMENT PENDING THE COURT'S RESOLUTION OF THE AEGIS OFFSET filed by Boston Gas Company. (Gibbons, John) (Entered: 08/08/2006) ELECTRONIC NOTICE of Scheduling Conference Further Scheduling Conference set for 8/31/2006 02:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 08/11/2006) ELECTRONIC NOTICE OF RESCHEDULING Further Scheduling Conference reset for 9/14/2006 02:30 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 08/14/2006) 457 REPLY to Response to Motion re 447 MOTION FOR LEAVE TO SUBSTITUTE CHARLES ANDERSON AS ITS EXPERT IN HYDROGEOLOGY filed by Century Indemnity Company. (Chaffin, David) (Entered: 08/14/2006) MEMORANDUM in Opposition re 443 MOTION to Alter Judgment With Respect To The Century Missing Policies filed by Boston Gas 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# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11)(Trotter, Kenneth) (Entered: 08/14/2006) Consent MOTION for Leave to File Excess Pages in connection with Boston Gas' Opposition to Century's Renewed Motion for Judgment by Boston Gas Company. (Attachments: # 1 Exhibit Exhbit AMemo.of.law# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12#
08/03/2006
08/08/2006
08/11/2006
08/14/2006
08/14/2006
08/14/2006
458
08/14/2006
459
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14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15# 17 Exhibit 16# 18 Exhibit 17# 19 Exhibit 18# 20 Exhibit 19# 21 Exhibit 20# 22 Exhibit 21# 23 Exhibit 22# 24 Exhibit 23# 25 Exhibit 24# 26 Exhibit 25# 27 Exhibit 26# 28 Exhibit 27# 29 Exhibit 28# 30 Exhibit 29# 31 Exhibit 30# 32 Exhibit 31# 33 Exhibit 32# 34 Exhibit 33# 35 Exhibit 34# 36 Exhibit 35# 37 Exhibit 36# 38 Exhibit 37# 39 Exhibit 38# 40 Exhibit 39# 41 Exhibit 40 (part 1)# 42 Exhibit 40 (part 2)# 43 Exhibit 40 (part 3)# 44 Exhibit 41# 45 Exhibit 42# 46 Exhibit 43# 47 Exhibit 44# 48 Exhibit 45# 49 Exhibit 46# 50 Exhibit 47# 51 Exhibit 48# 52 Exhibit 49)(Trotter, Kenneth) (Entered: 08/14/2006) 08/22/2006 460 REPLY to Response to Motion re 449 MOTION SEEKING A SCHEDULING ORDER FOR DETERMINING THE AEGIS OFFSET AND FOR LEAVE TO CONDUCT DISCOVERY OR IN THE ALTERNATIVE FOR A STAY OF THE EVERETT JUDGMENT PENDING THE COURT'S RESOLUTION OF THE AEGIS OFFSET filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Chaffin, David) (Entered: 08/22/2006) Letter/request (nonmotion) from Boston Gas re: Century's Reply (Docket No. 460). (Attachments: # 1 Exhibit DecisionMass. Elec. v. Comm. Union)(Trotter, Kenneth) (Entered: 08/24/2006) Opposition re 449 MOTION SEEKING A SCHEDULING ORDER FOR DETERMINING THE AEGIS OFFSET AND FOR LEAVE TO CONDUCT DISCOVERY OR IN THE ALTERNATIVE FOR A STAY OF THE EVERETT JUDGMENT PENDING THE COURT'S RESOLUTION OF THE AEGIS OFFSET filed by Associated Electric &Gas Insurance Services Limited, Associated Electric &Gas Insurance Services Limited, Associated Electric &Gas Insurance Services Limited. (Pickett, Karen) (Entered: 08/28/2006) Judge Rya W. Zobel : Electronic ORDER entered granting 454 Motion to Seal (Urso, Lisa) (Entered: 08/28/2006) 463 464 Assented to MOTION to Seal by Century Indemnity Company.(Chaffin, David) (Entered: 08/28/2006) SEALED MEMORANDUM OF LAW by Century Indemnity Company. (Sonnenberg, Elizabeth) (Entered: 08/31/2006) SEALED DECLARATION re 464 Memorandum of Law by Century Indemnity Company. (Sonnenberg, Elizabeth) (Entered: 08/31/2006)
08/24/2006
461
08/28/2006
462
08/28/2006
08/28/2006 08/28/2006
08/28/2006
465
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08/28/2006 08/28/2006 08/28/2006
466 468 469
SEALED DECLARATION by Century Indemnity Company. (Sonnenberg, Elizabeth) (Entered: 08/31/2006) MOTION for Attorney Fees and Costs by Boston Gas Company. (Sealed)(Johnson, Jay) (Entered: 09/07/2006) DECLARATION of David Elkind re 468 MOTION for Attorney Fees by Boston Gas Company. (Sealed) (Johnson, Jay) (Entered: 09/07/2006) DECLARATION of Martin Pentz re 468 MOTION for Attorney Fees by Boston Gas Company. (Sealed) (Johnson, Jay) (Entered: 09/07/2006) EXHIBIT A (Binder 1) re 469 Declaration by Boston Gas Company. (Sealed) (Johnson, Jay) (Entered: 09/07/2006) EXHIBIT A (Binder 2) re 469 Declaration by Boston Gas Company. (Sealed) (Johnson, Jay) (Entered: 09/07/2006) EXHIBIT B re 469 Declaration by Boston Gas Company. (Sealed) (Johnson, Jay) (Entered: 09/07/2006) EXHIBIT C re 469 Declaration by Boston Gas Company. (Sealed) (Johnson, Jay) (Entered: 09/07/2006) REPLY to Response to Motion re 449 MOTION SEEKING A SCHEDULING ORDER FOR DETERMINING THE AEGIS OFFSET AND FOR LEAVE TO CONDUCT DISCOVERY OR IN THE ALTERNATIVE FOR A STAY OF THE EVERETT JUDGMENT PENDING THE COURT'S RESOLUTION OF THE AEGIS OFFSET filed by Century Indemnity Company. (Chaffin, David) (Entered: 09/05/2006) MOTION to Seal Document (Reply Brief) by Boston Gas Company.(Johnson, Jay) (Entered: 09/12/2006) (Assented to) MOTION for Leave to File Reply in Excess of 5 page Limit by Boston Gas Company.(Johnson, Jay) (Entered: 09/12/2006) REPLY to Response to Motion re 443 MOTION to Alter Judgment OR IN THE ALTERNATIVE, FOR JUDGEMENT AS A MATTER OF LAW, OR IN THE ALTERNATIVE, FOR A NEW TRIAL WITH RESPECT TO THE CENTURY MISSING POLICIES filed by Century Indemnity Company. (Attachments: # 1 # 2 # 3)(Chaffin, David) (Entered: 09/12/2006) REPLY to Response to Motion re 440 MOTION for Judgment as a Matter of Law , or in the Alternative, Motion for a New Trial filed by Century Indemnity Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Chaffin, David) (Entered: 09/13/2006)
08/28/2006
470
08/28/2006 08/28/2006 08/28/2006 08/28/2006 09/05/2006
471 472 473 474 467
09/11/2006 09/11/2006
476 477
09/12/2006
475
09/13/2006
478
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09/14/2006
ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Further Scheduling Conference held on 9/14/2006. Jury Trial set for 2/26/2007 09:00 AM in Courtroom 12 before Judge Rya W. Zobel. Pretrial Conference set for 2/13/2007 02:30 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 09/14/2006) 479 Letter/request (nonmotion) Re: Site Selection. (Attachments: # 1 Attachment 1# 2 Attachment 2# 3 Attachment 3# 4 Attachment 4# 5 Attachment 5# 6 Attachment 6# 7 Attachment 7)(Chaffin, David) (Entered: 09/28/2006) Letter/request (nonmotion) from Boston Gas Company. (Attachments: # 1 Exhibit One# 2 Exhibit Two)(Elkind, David) (Entered: 09/28/2006) Letter/request (nonmotion) from Guy A. Cellucci. (Chaffin, David) (Entered: 10/10/2006) Letter/request (nonmotion) from Boston Gas Company. (Elkind, David) (Entered: 10/12/2006) Judge Rya W. Zobel : ELECTRONIC ENDORSEMENT re 479 Letter/request (nonmotion) Treating this as a motion to compel, it is allowed. Boston Gas shall inform Century forthwith whether new environmental reports will be filed before trial. (Urso, Lisa) (Entered: 10/16/2006) 483 MOTION to Seal (Assented to by All Parties) by Certain London Market Insurance Companies.(Harding, John) (Entered: 10/25/2006) ELECTRONIC NOTICE of Hearing :Telephone Conference set for 11/2/2006 03:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 10/25/2006) ELECTRONIC NOTICE OF RESCHEDULING Telephone Conference reset for 11/1/2006 02:00 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 10/25/2006) 484 Letter/request (nonmotion) from Boston Gas Company. (Attachments: # 1 Exhibit 111)(Elkind, David) (Entered: 10/31/2006) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Telephone Conference held on 11/1/2006. Century Indemnity requested that the court rule that no "new environmental site reports" would be issued by Boston Gas on the eve of trial. Accordingly, Century requested that all discovery be concluded by
09/28/2006
09/28/2006
480
10/10/2006 10/12/2006 10/16/2006
481 482
10/25/2006
10/25/2006
10/25/2006
10/31/2006
11/01/2006
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October 31, 2006 and any new environmental reports be exchanged by November 30, 2006. Century further stated that there was no agreement at the September 14, 2006 status conference as to the location of the second site to be tried. Century prefered the Braintree site to the Commericial Point site. Boston Gas countered that: (1) Commercial Point should be the second site tried and this was agreed to at the September 14, 2006 status conference; (2) that discovery would be completed by October 31 (in fact, it was delivering a final CD of materials to Century by the end of the day 11/1/06); and (3) that no report not produced within 60 days of trial (scheduled for February 26, 2007) will be used at trial. The parties agreed to confer further regarding site selection. Boston Gas was producing the last CD today, mooting the request as to discovery. Boston Gas will try to have the site reports completed earlier, and will encourage the person preparing the report, who works for the state environmental agency, to accelerate completion of the report. Reports not produced within 60 days of trial will not be used at trial. Judge Zobel will decide postjudgment motions soon in order to allow the parties to appeal. (Urso, Lisa) (Entered: 11/06/2006) 11/20/2006 Judge Rya W. Zobel : Electronic ORDER entered granting 483 Motion to Seal (Johnson, Jay) (Entered: 11/20/2006) 485 (Sealed) MOTION for Summary Judgment (Third Party Complaint) by Certain London Market Insurance Companies.(Johnson, Jay) (Entered: 11/20/2006) (Sealed) MEMORANDUM in Support re 485 MOTION for Summary Judgment (Third Party Complaint) filed by Certain London Market Insurance Companies. (Johnson, Jay) (Entered: 11/20/2006) (Sealed) AFFIDAVIT in Support re 485 MOTION for Summary Judgment. (Johnson, Jay) (Entered: 11/20/2006) Assented to MOTION to Seal by Century Indemnity Company.(Chaffin, David) (Entered: 11/20/2006) NOTICE by Century Indemnity Company OF SUPPLEMENTAL AUTHORITY SUPPORTING CENTURY'S MOTION FOR JUDGMENT AS A MATTER OF LAW IN RESPECT TO BOSTON GAS'S CLAIM FOR ATTORNEYS' FEES (Attachments: # 1 EXHIBIT A)(Chaffin, David) (Entered: 11/27/2006) Judge Rya W. Zobel : Electronic ORDER entered granting 488 Motion to Seal (Urso, Lisa) (Entered: 11/28/2006)
11/20/2006
11/20/2006
486
11/20/2006
487
11/20/2006 11/27/2006
488 489
11/28/2006
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11/28/2006
490
MOTION seeking a declaration that it is entitled to a setoff for the London settlement by Century Indemnity Company. (Sealed)(Johnson, Jay) (Entered: 11/29/2006) MEMORANDUM in Support re 490 MOTION seeking declaration that it is entitled to a setoff for the London settlement and in opposition to (485) London's Motion for Summary Judgment filed by Century Indemnity Company. (Sealed) (Johnson, Jay) (Entered: 11/29/2006) DECLARATION of Shane R. Heskin re 490 MOTION declaration that it is entitled to a setoff for the London settlement, 491 Memorandum in Support of Motion by Century Indemnity Company. (Sealed) (Johnson, Jay) (Entered: 11/29/2006) First RESPONSE to Motion re 490 MOTION declaration that it is entitled to a setoff for the London settlement filed by Certain London Market Insurance Companies. (Harding, John) (Entered: 12/05/2006) Judge Rya W. Zobel : Electronic ORDER entered granting 442 Motion for Leave to File Excess Pages, granting 445 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include Leave to file granted on (date of order) in the caption of the document., granting 463 Motion to Seal, granting 476 Motion to Seal Document, granting 477 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include Leave to file granted on (date of order) in the caption of the document. (Urso, Lisa) (Entered: 12/13/2006)
11/28/2006
491
11/28/2006
492
12/05/2006
493
12/13/2006
12/13/2006
494
MEMORANDUM in Support re 440 MOTION for Judgment as a Matter of Law , or in the Alternative, Motion for a New Trial filed by Century Indemnity Company. (Attachments: # 1 MEMORANDUM PART 2# 2 EXHIBIT 1# 3 EXHIBIT 2 (Part1)# 4 EXHIBIT 2 (Part 2)# 5 EXHIBIT 3# 6 EXHIBIT 4# 7 EXHIBIT 5# 8 EXHIBIT 6# 9 EXHIBIT 7 (Part 1)# 10 EXHIBIT 7 (Part 2)# 11 EXHIBIT 8 (Part 1)# 12 EXHIBIT 8 (Part 2)# 13 EXHIBIT 8 (Part 3)# 14 EXHIBIT 9# 15 EXHIBIT 10# 16 EXHIBIT 11 (Part 1)# 17 EXHIBIT 11 (Part 2)# 18 EXHIBIT 11 (Part 3)# 19 EXHIBIT 11 (Part 4)# 20 EXHIBIT 12# 21 EXHIBIT 14# 22 EXHIBIT 15 (Part 1)# 23 EXHIBIT 15 (Part 2)# 24 EXHIBIT 15 (Part 3)# 25 EXHIBIT 16# 26 EXHIBIT 17 (Part 1)# 27 EXHIBIT 17 (Part 2)# 28 EXHIBIT 17 (Part 3)# 29 EXHIBIT 18#
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30 EXHIBIT 19 (Part 1)# 31 EXHIBIT 19 (Part 2)# 32 EXHIBIT 20# 33 EXHIBIT 21 (Part 1)# 34 EXHIBIT 21 (Part 2)# 35 EXHIBIT 22 (Part 1)# 36 EXHIBIT 22 (Part 2)# 37 EXHIBIT 23# 38 EXHIBIT 24 (Part 1)# 39 EXHIBIT 24 (Part 2)# 40 EXHIBIT 25# 41 EXHIBIT 26# 42 EXHIBIT 27# 43 EXHIBIT 28# 44 EXHIBIT 29# 45 EXHIBIT 30# 46 EXHIBIT 31 (Part 1)# 47 EXHIBIT 31 (Part 2)# 48 EXHIBIT 31 (Part 3)# 49 EXHIBIT 32# 50 EXHIBIT 33# 51 EXHIBIT 34)(Chaffin, David) (Entered: 12/13/2006) 12/13/2006 495 EXHIBIT re 494 Memorandum in Support of Motion,,,,, EXHIBIT 13 by Century Indemnity Company. (Chaffin, David) (Entered: 12/13/2006) Judge Rya W. Zobel : Electronic ORDER entered granting 459 Motion for Leave to File Excess Pages (Urso, Lisa) (Entered: 12/14/2006) 496 REPLY MEMORANDUM in Support re 490 MOTION declaration that it is entitled to a setoff for the London settlement filed by Century Indemnity Company. (Chaffin, David) Additional attachment(s) added on 12/20/2006 (Johnson, Jay). Modified on 12/20/2006 (Johnson, Jay). (Entered: 12/19/2006) Notice of correction to docket made by Court staff. Correction: #496 "Memorandum in Support corrected because: 1. Unsigned Document. 2. WRONG EVENT.Document is a reply to a response to a motion for which there is an event. Email sent describing the fix. (Johnson, Jay) (Entered: 12/20/2006) 497 (Assented to) MOTION for Leave to File Opposition Under Seal by Boston Gas Company.(Johnson, Jay) (Entered: 12/22/2006) Judge Rya W. Zobel : Electronic ORDER entered granting 497 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include Leave to file granted on (date of order) in the caption of the document. (Johnson, Jay) (Entered: 12/22/2006) 498 Opposition re 490 MOTION declaration that it is entitled to a setoff for the London settlement filed by Boston Gas Company. (Sealed) (Johnson, Jay) (Entered: 12/22/2006) MOTION for Protective Order and Request for Expedited Hearing by Boston Gas Company. (Attachments: # 1 Appendix Exhibits 110)(Elkind, David) (Entered: 01/25/2007)
12/14/2006
12/19/2006
12/20/2006
12/21/2006
12/22/2006
12/22/2006
01/25/2007
499
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01/26/2007
500
Judge Rya W. Zobel : ORDER entered Memorandum of Decision; denying 440 Motion for Judgment as a Matter of Law, except with respect to attorneys' fees, denying 443 Motion to Alter Judgment, granting 447 Motion for leave to substitute Mr. Charles Anderson as its expert. #468 attorneys' fees; counsel may file a memorandum of law concerning this court's ability to award attorneys' fees with 15 days. (Urso, Lisa) (Entered: 01/26/2007) Letter/request (nonmotion) from David B. Chaffin , Attorney for Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Chaffin, David) (Entered: 01/29/2007) MOTION in Limine To Preclude Century From Relitigating Issues Related To Insurance Policies by Boston Gas Company. (Attachments: # 1 Exhibit Memorandum of law# 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit 6# 8 Exhibit # 9 Exhibit)(Elkind, David) (Entered: 01/29/2007) MOTION in Limine Concerning Irrelevant Evidence by Boston Gas Company. (Attachments: # 1 Exhibit Memorandum of law# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Appendix Case# 10 Appendix Case# 11 Appendix Case)(Elkind, David) (Entered: 01/29/2007) MOTION in Limine to Strike New Opinions of Century Indemnity Company's Substitute Expert Charles Anderson by Boston Gas Company.(Elkind, David) (Entered: 01/29/2007) MEMORANDUM in Support re 504 MOTION in Limine to Strike New Opinions of Century Indemnity Company's Substitute Expert Charles Anderson filed by Boston Gas Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6 Part 1# 7 Exhibit 6 Part 2# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9)(Elkind, David) (Entered: 01/29/2007) Proposed Document(s) submitted by Boston Gas Company. Document received: Proposed Pretrial Order. (Elkind, David) (Entered: 01/29/2007) Notice of correction to docket made by Court staff. Correction: 502 Memorandum in Support corrected because: This document should be filed as a seperate pleading. Email sent describing the fix. (Johnson, Jay) (Entered: 01/30/2007) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Telephone Conference held on 1/30/2007. Plaintiff shall produce report; counsel shall
01/29/2007
501
01/29/2007
502
01/29/2007
503
01/29/2007
504
01/29/2007
505
01/29/2007
506
01/30/2007
01/30/2007
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decide and let court know if more discovery is needed; (Urso, Lisa) (Entered: 02/01/2007) 01/31/2007 507 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Patricia B. Santelle, Esq. Filing fee $ 50, receipt number 1390648. by Century Indemnity Company.(Chaffin, David) (Entered: 01/31/2007) Century Indemnity Company's Witness List for the Commercial Point Trial by Century Indemnity Company. (Chaffin, David) (Entered: 01/31/2007) NOTICE by Century Indemnity Company Deposition Designations for the Commercial Point Trial (Chaffin, David) (Entered: 01/31/2007) Witness List and Transcript Designations by Boston Gas Company. (Attachments: # 1 Exhibit 1)(Elkind, David) Additional attachment(s) added on 2/1/2007 (Johnson, Jay). (Entered: 01/31/2007) Proposed Document(s) submitted by Century Indemnity Company. Document received: Proposed Pretrial Order. (Chaffin, David) (Entered: 02/05/2007) MOTION in Limine to Preclude Boston Gas From Introducing Any Evidence of Groundwater Contamination by Century Indemnity Company.(Chaffin, David) (Entered: 02/05/2007) MEMORANDUM in Support re 512 MOTION in Limine to Preclude Boston Gas From Introducing Any Evidence of Groundwater Contamination filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Chaffin, David) (Entered: 02/05/2007) MOTION to Compel Boston Gas to Produce the Maps Identified by Mr. Keith Johnson at Deposition on January 5, 2007 by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Chaffin, David) (Entered: 02/08/2007) Letter/request (nonmotion) from Boston Gas Company Regarding the February 13, 2007 Pretrial Conference. (Elkind, David) (Entered: 02/09/2007) Opposition re 504 MOTION in Limine to Strike New Opinions of Century Indemnity Company's Substitute Expert Charles Anderson filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Chaffin, David) (Entered: 02/09/2007) Opposition re 502 MOTION in Limine To Preclude Century From Relitigating Issues Related To Insurance Policies filed by Century Indemnity Company.
01/31/2007
508
01/31/2007
509
01/31/2007
510
02/05/2007
511
02/05/2007
512
02/05/2007
513
02/08/2007
514
02/09/2007
515
02/09/2007
516
02/12/2007
517
72
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(Attachments: # 1 Exhibit 1)(Chaffin, David) (Entered: 02/12/2007) 02/12/2007 518 Opposition re 503 MOTION in Limine Concerning Irrelevant Evidence filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1)(Chaffin, David) (Entered: 02/12/2007) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Final Pretrial Conference held on 2/13/2007. Motion in limine to preclude Mr. Anderson; no opposition to defendants motion in limine; Judge to decide plaintiff's motions; parties to consider Jens Fog 30b(6); parties to get together before trial and agree on a exhibit list; copy of transcript; note objections at least a day in advance; request for instructions &propose questions to the jury early in the week' vdire 2/19/07; (Urso, Lisa) (Entered: 02/14/2007) 519 Objection to 509 Notice (Other) by Boston Gas Company Objections and CounterDesignations. (Attachments: # 1 Exhibit 18)(Elkind, David) (Entered: 02/14/2007) Objection to 510 Witness List by Century Indemnity Company Objections to and CounterDesignations of Deposition Testimony. (Chaffin, David) (Entered: 02/15/2007) Exhibit List by Boston Gas Company.. (Elkind, David) (Entered: 02/19/2007) Proposed Voir Dire by Boston Gas Company. (Elkind, David) (Entered: 02/19/2007) Objection to 510 Witness List by Century Indemnity Company Supplemental Objections to and CounterDesignations of Deposition Testimony. (Chaffin, David) (Entered: 02/20/2007) Proposed Jury Questions by Century Indemnity Company Voir Dire Requests. (Chaffin, David) (Entered: 02/20/2007) Exhibit List by Century Indemnity Company.. (Chaffin, David) (Entered: 02/20/2007) Proposed Jury Instructions by Century Indemnity Company. (Chaffin, David) (Entered: 02/21/2007) Proposed Jury Questions by Century Indemnity Company Proposed Special Questions. (Chaffin, David) (Entered: 02/21/2007) TRIAL BRIEF for the Commercial Point Site by Century Indemnity Company. (Chaffin, David) (Entered: 02/21/2007)
02/13/2007
02/14/2007
02/15/2007
520
02/19/2007 02/19/2007 02/20/2007
521 522 523
02/20/2007
524
02/20/2007 02/21/2007 02/21/2007
525 526 527
02/21/2007
528
73
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Page: 76
Entry ID: 5573079
02/22/2007
529
Letter/request (nonmotion) from Guy A. Cellucci Attorney for Century Indemnity Company. (Chaffin, David) (Entered: 02/22/2007) Response by Boston Gas Company to 528 Trial Brief. (Elkind, David) (Entered: 02/22/2007) Letter/request (nonmotion) from Boston Gas. (Elkind, David) (Entered: 02/22/2007) NOTICE OF APPEAL by Century Indemnity Company Filing fee $ 455, receipt number 1420139 NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Appeal Record due by 3/15/2007. (Chaffin, David) (Entered: 02/23/2007) ELECTRONIC NOTICE OF RESCHEDULING Hearing reset for 3/14/2007 09:30 AM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) Modified on 2/27/2007 (Johnson, Jay). (Entered: 02/23/2007) ELECTRONIC NOTICE Resetting or Cancelling Hearing. docketed in wrong case. (Urso, Lisa) (Entered: 02/23/2007)
02/22/2007 02/22/2007 02/23/2007
530 531 532
02/23/2007
02/23/2007
02/26/2007
533
MOTION for Bond Approval of Supersedeas Bond by Century Indemnity Company.(Chaffin, David) (Entered: 02/26/2007) MEMORANDUM in Support re 533 MOTION for Bond Approval of Supersedeas Bond filed by Century Indemnity Company. (Chaffin, David) (Entered: 02/26/2007) Objection to 525 Exhibit List by Boston Gas Company. (Elkind, David) (Entered: 02/26/2007) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day one held on 2/26/2007. 8 jurors empaneled; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 02/27/2007)
02/26/2007
534
02/26/2007 02/26/2007
535
02/27/2007
536
TRANSCRIPT of Jury Trial Day One Second Session held on February 26, 2007 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 02/27/2007) ElectronicClerk's Notes for proceedings held before
02/27/2007
74
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Document: 00116247067
Page: 77
Entry ID: 5573079
Judge Rya W. Zobel : Jury Trial Day two held on 2/27/2007. Jurors sworn; plaintiff's opening statement; defendant's openings; plaintiff witness #1 Patricia Haederle; cross; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 02/27/2007) 02/28/2007 537 TRANSCRIPT of Jury Trial Day Two held on February 27, 2007 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 02/28/2007) Objection by Century Indemnity Company to Boston Gas Company's Amended Exhibit List. (Chaffin, David) (Entered: 02/28/2007) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day three held on 2/28/2007; continued cross of Haederle; redirect; recross; witness #2 Jack McKenna; cross; witness #3 Jack Store; direct (deposition) (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 03/01/2007) Judge Rya W. Zobel : Electronic ORDER entered granting 502 Motion in Limine, granting 503 Motion in Limine, reserving ruling on 504 Motion in Limine, finding as moot 514 Motion to Compel (Urso, Lisa) (Entered: 03/01/2007) 539 Proposed Jury Instructions by Boston Gas Company. (Elkind, David) (Entered: 03/01/2007) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day four held on 3/1/2007. direct of plaintiff's witness #4 Keith Johnson; cross; redirect; recross; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 03/02/2007) 540 Opposition re 533 MOTION for Bond Approval of Supersedeas Bond filed by Boston Gas Company. (Elkind, David) (Entered: 03/02/2007) TRANSCRIPT of Jury Trial Day Four held on March 1, 2007 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 03/05/2007) TRANSCRIPT of Jury Trial Day Three held on February 28, 2007 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the
02/28/2007
538
02/28/2007
03/01/2007
03/01/2007 03/01/2007
03/02/2007
03/02/2007
541
03/02/2007
542
75
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Document: 00116247067
Page: 78
Entry ID: 5573079
Clerk's Office. (Scalfani, Deborah) (Entered: 03/05/2007) 03/02/2007 ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day five held on 3/2/2007. plaintiff's witness #5 Kim Hentry; direct; cross; redirect; witness #7 (expert) Dr. Neil Shifrin; voir dire direct; voir dire cross; court admits expert; direct examination; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 03/05/2007) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day six held on 3/5/2007. witness #6 Dr. Neil Shifrin continued direct; cross; redirect; recross; plaintif rests; defendant's witness #1 Dr. Eric Suuberg (expert) voir dire direct; cross; defendant proffers witness as expert. (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 03/05/2007) 543 Highlights &Significance of trial testimony of Jack Stoke, filed. (Urso, Lisa) Modified on 3/7/2007 (Johnson, Jay). (Entered: 03/06/2007) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day 7 held on 3/6/2007. defendant's witness #1 Dr. Eric Suuberg (expert); direct; cross; redirect; witness #2 Charles A. Anderson (expert); voir dire direct; corss; direct (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 03/07/2007) Judge Rya W. Zobel : endorsedORDER entered granting 533 Motion for Bond (Urso, Lisa) (Entered: 03/07/2007) 544 Supersedeas BOND in the amount of $ 6,740,562.89 posted by Century Indemnity Company (Urso, Lisa) (Entered: 03/07/2007) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day 8 held on 3/7/2007. witness #2 Mr. Charles K. Anderson (expert) continued direct; cross; redirect; recross; defense rests; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 03/07/2007) 545 MOTION for Judgment as a Matter of Law by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Chaffin, David) (Entered: 03/07/2007) TRANSCRIPT of Jury Trial Day Six held on March 5, 2 007 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 03/08/2007)
03/05/2007
03/06/2007
03/06/2007
03/07/2007 03/07/2007
03/07/2007
03/07/2007
03/08/2007
546
76
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Page: 79
Entry ID: 5573079
03/08/2007
ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day 9 held on 3/8/2007. Clsoing arguments; jury charge; (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 03/09/2007) 554 Objection by Century Indemnity Company to special questions, filed. (Urso, Lisa) (Entered: 03/12/2007) ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Jury Trial Day 10 completed on 3/9/2007. Verdict returned at 11:00 a.m. (Court Reporter Catherine Handel.) (Urso, Lisa) (Entered: 03/09/2007) 547 548 JURY VERDICT in favor of plaintiff for $1,699,145.79. (Urso, Lisa) (Entered: 03/09/2007) TRANSCRIPT of Jury Trial Day Seven held on March 6, 2007 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 03/09/2007) TRANSCRIPT of Jury Trial Day Eight held on March 7, 2007 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 03/09/2007) NOTICE by Century Indemnity Company of Filing (Transcript Report) (Chaffin, David) (Entered: 03/09/2007) Letter from the jurors to Judge Zobel, entered. (Urso, Lisa) (Entered: 03/12/2007) Letter/request (nonmotion) from Guy A. Cellucci. (Chaffin, David) (Entered: 03/12/2007) TRANSCRIPT of Jury Trial Day Nine held on March 8, 2007 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 03/12/2007) Letter/request (nonmotion) from Boston Gas Company. (Elkind, David) (Entered: 03/12/2007) Emergency MOTION to Correct the Verdict or in the Alternative Reconvene the Jury by Century Indemnity Company.(Chaffin, David) (Entered: 03/13/2007) Letter/request (nonmotion) from Boston Gas Company. (Gibbons, John) (Entered: 03/14/2007)
03/08/2007 03/09/2007
03/09/2007 03/09/2007
03/09/2007
549
03/09/2007
550
03/09/2007 03/12/2007 03/12/2007
553 551 552
03/12/2007 03/13/2007
555 556
03/14/2007
557
77
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03/15/2007
558
TRANSCRIPT of Jury Trial Day Five held on March 2, 2007 before Judge Zobel. Court Reporter: Catherine A. Handel. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/2610555 or the Clerk's Office. (Scalfani, Deborah) (Entered: 03/15/2007) DECLARATION re 556 Emergency MOTION to Correct the Verdict or in the Alternative Reconvene the Jury of Shane R. Heskin by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Chaffin, David) (Entered: 03/15/2007) Certified and Transmitted Record on Appeal to US Court of Appeals re 532 Notice of Appeal, (Attachments: # 1 # 2)(Ramos, Jeanette) (Entered: 03/16/2007) Supplemental Record on Appeal transmitted to US Court of Appeals re 532 Notice of Appeal, Documents included: Trial Exhibits Volumes 115 &Century Indemnity Company's Trial Brief (Ramos, Jeanette) (Entered: 03/16/2007) Supplemental Record on Appeal transmitted to US Court of Appeals re 532 Notice of Appeal, Documents included: 3 boxes of Plaintiffs Exhibits (Ramos, Jeanette) (Entered: 03/19/2007) MOTION for Entry of Judgment under Rule 54(b) and 50(b) by Boston Gas Company.(Elkind, David) (Entered: 03/23/2007) MEMORANDUM in Support re 563 MOTION for Entry of Judgment under Rule 54(b) and 50(b) And Opposition to Century's Emergency Motion [PACER Doc 556] filed by Boston Gas Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6 Part 1# 7 Exhibit 6 Part 2# 8 Exhibit 7# 9 Exhibit 8)(Elkind, David) (Entered: 03/23/2007) Response by Century Indemnity Company to 564 Memorandum in Support of Motion, Century Indemnity Company's Reply in Support of its Emergency Motion to Correct the Verdict or in the Alternative Reconvene the Jury. (Chaffin, David) (Entered: 03/28/2007) Letter/request (nonmotion) from Guy A. Cellucci. (Chaffin, David) (Entered: 03/28/2007) RESPONSE to Motion re 556 Emergency MOTION to Correct the Verdict or in the Alternative Reconvene the Jury filed by Boston Gas Company. (Elkind, David) (Entered: 03/28/2007)
03/15/2007
559
03/16/2007
560
03/16/2007
561
03/19/2007
562
03/23/2007
563
03/23/2007
564
03/28/2007
565
03/28/2007 03/28/2007
566 567
04/02/2007
569
78
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Entry ID: 5573079
MOTION to Seal by Century Indemnity Company.(Chaffin, David) (Entered: 04/02/2007) 04/03/2007 570 RESPONSE to Motion re 569 MOTION to Seal filed by Boston Gas Company. (Elkind, David) (Entered: 04/03/2007) Opposition re 563 MOTION for Entry of Judgment under Rule 54(b) and 50(b) filed by Century Indemnity Company. (Chaffin, David) (Entered: 04/05/2007) DECLARATION re 571 Opposition to Motion by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 (Part 1)# 3 Exhibit 2 (Part 2)# 4 Exhibit 2 (Part 3)# 5 Exhibit 2 (Part 4)# 6 Exhibit 2 (Part 5)# 7 Exhibit 2 (Part 6))(Chaffin, David) (Entered: 04/05/2007) Opposition re 563 MOTION for Entry of Judgment under Rule 54(b) and 50(b) filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Chaffin, David) (Entered: 04/06/2007) Letter/request (nonmotion) from Boston Gas Company. (Elkind, David) (Entered: 04/13/2007) USCA Case Number 071452 for 532 Notice of Appeal, filed by Century Indemnity Company,. (Ramos, Jeanette) (Entered: 04/19/2007) Assented to MOTION for Leave to File Excess Pages for Reply in Support of Motion for Judgment [PACER Doc. 563] by Boston Gas Company. (Attachments: # 1 Exhibit Reply In Support of Motion for Judgment# 2 Exhibit Exhibits 14 to Reply in Support of Motion for Judgment# 3 Exhibit Exhibits 56 to Reply in Support of Motion for Judgment)(Elkind, David) (Entered: 04/20/2007) NOTICE by Century Indemnity Company of Filing (Chaffin, David) (Entered: 04/23/2007) Supersedeas BOND in the amount of $ 6,740,562.89. posted by Century Indemnity Company (Johnson, Jay) (Entered: 04/24/2007) Supersedeas BOND in the amount of $ 6,740,562.89 posted by Century Indemnity Company (Urso, Lisa) (Entered: 04/26/2007) MOTION for Summary Judgment on the North End and South Boston Sites by Century Indemnity Company.(Chaffin, David) (Entered: 04/24/2007) MEMORANDUM in Support re 579 MOTION for Summary Judgment on the North End and South Boston
04/05/2007
571
04/05/2007
572
04/06/2007
573
04/13/2007 04/19/2007
574 575
04/20/2007
576
04/23/2007 04/23/2007
577 578
04/23/2007
583
04/24/2007
579
04/24/2007
580
79
Case: 11-1931
Document: 00116247067
Page: 82
Entry ID: 5573079
Sites filed by Century Indemnity Company. (Chaffin, David) (Entered: 04/24/2007) 04/24/2007 581 STATEMENT of facts re 579 MOTION for Summary Judgment on the North End and South Boston Sites. (Chaffin, David) (Entered: 04/24/2007) DECLARATION re 579 MOTION for Summary Judgment on the North End and South Boston Sites of Shane R. Heskin by Century Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Chaffin, David) (Entered: 04/24/2007) MOTION for Leave to File a Response to New Issues Raised by Boston Gas Company's Reply in Support of its Motion for Entry of Judgment by Century Indemnity Company. (Attachments: # 1 Exhibit A)(Chaffin, David) (Entered: 04/27/2007) Opposition re 584 MOTION for Leave to File a Response to New Issues Raised by Boston Gas Company's Reply in Support of its Motion for Entry of Judgment filed by Boston Gas Company. (Attachments: # 1 Exhibit 1)(Elkind, David) (Entered: 05/02/2007) Joint MOTION to Stay The Trial Scheduled for June 11, 2007 by Boston Gas Company. (Attachments: # 1 Appendix with Tabs 1 and 2)(Elkind, David) (Entered: 05/17/2007) Opposition re 579 MOTION for Summary Judgment on the North End and South Boston Sites filed by Boston Gas Company. (Attachments: # 1 Response to Century's Statement of Material Facts)(Elkind, David) (Entered: 05/21/2007) Judge Rya W. Zobel : endrosedORDER entered granting 586 Motion to Stay the entire case pending decision by the Court of Appeals in the Everett case. (Urso, Lisa) (Entered: 05/24/2007) 588 Supplemental Record on Appeal transmitted to US Court of Appeals re 532 Notice of Appeal, Documents included: 4 binders of exhibits (Ramos, Jeanette) (Entered: 09/20/2007) CORPORATE DISCLOSURE STATEMENT by Boston Gas Company. (Trotter, Kenneth) (Entered: 10/17/2007) Supplemental Record on Appeal transmitted to US Court of Appeals re 532 Notice of Appeal, Documents included: 405408, 410, 411, 413, 417419, 558 (Scalfani, Deborah) (Entered: 12/27/2007)
04/24/2007
582
04/27/2007
584
05/02/2007
585
05/17/2007
586
05/21/2007
587
05/24/2007
09/20/2007
10/17/2007 12/27/2007
589 590
80
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Page: 83
Entry ID: 5573079
06/11/2008
591
ORDER FOR CERTIFICATION OF QUESTIONS TO THE SUPREME JUDICIAL COURT OF MASSACHUSETTS of USCA as to 532 Notice of Appeal, filed by Century Indemnity Company. The clerk of this court is to forward, under the official seal of this court, a copy of the certified questions and our decision in this case, along with the briefs and appendix filed by the parties, to the Supreme Judicial Court of Massachusetts. In the interim, we retain appellate jurisdiction. Issued in the USCA 6/10/2008 (Ramos, Jeanette) (Entered: 06/11/2008) ORDER of USCA as to 532 Notice of Appeal, filed by Century Indemnity Company (Attachments: # 1 part 2)(Ramos, Jeanette) (Entered: 06/11/2008) USCA Judgment as to 532 Notice of Appeal, filed by Century Indemnity Company...Nevertheless, because of the interrelationship of the issued now resolved and others that must now be revised on remand, it is uncertain until further proceedings are conducted in the district court precisely what will be the terms of the judgment untimately entered by the district court. We therefore VACATE the judgment of the district court and REMAND for further proceedings consistent with this judgment, the decision of the SJC on the certified questions and our own prior decision resolving other claims of error independent of the questions certified to the SJC. Each side will bear its own costs. IT IS SO ORDERED. Judgment issued in the USCA 11/18/2009 (Ramos, Jeanette) (Entered: 11/19/2009) ELECTRONIC NOTICE of Hearing : Status Conference set for 1/7/2010 02:30 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 12/01/2009) EMail Notice re Notice of Hearing originally issued on 12/1/09 returned as undeliverable. Name of Addressee: Barry Fleishman. The ECF help desk has contacted the law firm on record, who advised that the attorney is no longer employed by that firm. The attorney's email address has been removed from the database to prevent the return of additional undelivered email notices. (Jones, Sherry) (Entered: 12/01/2009) EMail Notice re Notice of Hearing originally issued on 12/1/09 returned as undeliverable. Name of Addressee: Barry Goldstein. The ECF help desk has contacted the law firm on record, who advised that the attorney is no longer employed by that firm. The attorney's email address has been removed from the database to prevent the return of additional undelivered email notices. (Jones, Sherry) (Entered: 12/01/2009)
06/11/2008
592
11/19/2009
593
12/01/2009
12/01/2009
12/01/2009
81
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Document: 00116247067
Page: 84
Entry ID: 5573079
12/11/2009
594
MANDATE of USCA as to 532 Notice of Appeal, filed by Century Indemnity Company. Appeal 532 Terminated. Mandate issued in the USCA 12/10/2009 (Ramos, Jeanette) (Entered: 12/11/2009) Appeal Record Returned: 532 Notice of Appeal, (Ramos, Jeanette) (Entered: 12/15/2009) Electronic Clerk's Notes for proceedings held before Judge Rya W. Zobel: finding as moot 449 Motion ; finding as moot 468 Motion for Attorney Fees; finding as moot 485 Motion for Summary Judgment; finding as moot 499 Motion for Protective Order; finding as moot 504 Motion in Limine; granting 507 Motion for Leave to Appear Pro Hac Vice; ; finding as moot 512 Motion in Limine; finding as moot 545 Motion for Judgment as a Matter of Law; granting 576 Motion for Leave to File Excess Pages; withdrawing 579 Motion for Summary Judgment; granting 584 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include Leave to file granted on (date of order) in the caption of the document.; Status Conference held on 1/7/2010. parties to settle between now &2/26/10; briefs filed by 2/26/10; replies/oppositions 3/19/10; (Attorneys present: various) (Urso, Lisa) (Entered: 01/07/2010)
12/15/2009 01/07/2010
02/26/2010
595
BRIEF by Century Indemnity Company Century Indemnity Company's Memorandum of Law in Response to the First Issue Raised by the First Circuit's Judgment. (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)(Chaffin, David) (Entered: 02/26/2010) BRIEF by Boston Gas Company Memorandum of Law in Response to the First Issue Raised in the First Circuit's Judgment. (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 14)(Elkind, David) (Entered: 02/26/2010) Judge Rya W. Zobel: Electronic ORDER entered granting 569 Motion to Seal (Urso, Lisa) (Entered: 03/08/2010) Judge Rya W. Zobel: Electronic ORDER entered finding as moot 490 Motion ; finding as moot 556 Motion to Correct; finding as moot 563 Motion for Entry of Judgment under Rule 54(b) (Urso, Lisa) (Entered: 03/17/2010)
02/26/2010
596
03/08/2010 03/17/2010
03/18/2010
597
82
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Entry ID: 5573079
Judge Rya W. Zobel: ORDER entered. MEMORANDUM ON REMAND, ENTERED. A status conference is scheduled for 4/1/10 at 10:00 a.m.(Urso, Lisa) (Entered: 03/18/2010) 03/18/2010 03/19/2010 598 Letter/request (nonmotion) from Boston Gas. (Elkind, David) (Entered: 03/18/2010) ELECTRONIC NOTICE OF RESCHEDULING Status Conference reset for 4/13/2010 02:30 PM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) (Entered: 03/19/2010) 599 Response by Boston Gas Company to 595 Brief,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Elkind, David) (Entered: 03/19/2010) Judge Rya W. Zobel: ORDER entered. A status conference is set for 4/13/10 at 2:30 p.m.(Urso, Lisa) (Entered: 04/02/2010) ELECTRONIC Clerk's Notes for proceedings held before Judge Rya W. Zobel: Status Conference held on 4/13/2010, ( Status Report due by 4/30/2010.). (Court Reporter: Catherine Handel at 6172610555.)(Attorneys present: various) (Urso, Lisa) (Entered: 04/13/2010) 601 602 603 Letter/request (nonmotion) from Boston Gas Company. (Elkind, David) (Entered: 04/20/2010) Letter/request (nonmotion) from Century Indemnity Company. (Chaffin, David) (Entered: 04/21/2010) Letter/request (nonmotion) from Boston Gas Company. (Attachments: # 1 Exhibit, # 2 Exhibit)(Elkind, David) (Entered: 04/21/2010) Letter/request (nonmotion) from Century Indemnity. (Chaffin, David) (Entered: 04/21/2010) Letter/request (nonmotion) from Guy Cellucci. (Attachments: # 1 Exhibit)(Johnson, Jay) (Entered: 04/22/2010) Transcript of Status Conference held on April 13, 2010, before Judge Rya W. Zobel. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Catherine Handel at 6172610555 Redaction Request due 5/13/2010. Redacted Transcript Deadline set for 5/24/2010. Release of Transcript Restriction set for 7/21/2010. (Scalfani, Deborah) (Entered: 04/22/2010)
03/19/2010
04/02/2010
600
04/13/2010
04/20/2010 04/21/2010 04/21/2010
04/21/2010 04/21/2010
604 607
04/22/2010
605
04/22/2010
606
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Document: 00116247067
Page: 86
Entry ID: 5573079
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the abovecaptioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 04/22/2010) 04/23/2010 608 Judge Rya W. Zobel: ORDER entered. Accordingly, the Clerk is ordered to redraw 02cv12062 case to another Judge. 07cv10701 will remain in this session.(Urso, Lisa) (Entered: 04/23/2010) Case Reassigned to Judge Patti B. Saris. Judge Rya W. Zobel no longer assigned to the case. Counsel are directed to the Court's Standing Orders re: Electronic Case Filing. (Paine, Matthew) (Entered: 04/23/2010) ELECTRONIC NOTICE of STATUS CONFERENCE. Status Conference set for 7/1/2010 at 2:00 PM in Courtroom 19 before Judge Patti B. Saris. (Alba, Robert) (Entered: 04/28/2010) 609 MOTION for Entry of Judgment on Commercial Point, or in the Alternative, for a New Trial on the Timing and Allocation of Property Damage by Century Indemnity Company.(Chaffin, David) (Entered: 05/11/2010) MEMORANDUM in Support re 609 MOTION for Entry of Judgment on Commercial Point, or in the Alternative, for a New Trial on the Timing and Allocation of Property Damage filed by Century Indemnity 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Chaffin, David) (Entered: 05/11/2010) Consent MOTION for Extension of Time to June 9, 2010 to File Response/Reply as to 609 MOTION for Entry of Judgment on Commercial Point, or in the Alternative, for a New Trial on the Timing and Allocation of Property Damage by Boston Gas Company. (Attachments: # 1 Exhibit Tab 1, # 2 Exhibit Tab 2)(Elkind, David) (Entered: 05/26/2010) Judge Patti B. Saris: ELECTRONIC ORDER entered granting 611 Consent MOTION for Extension of Time to June 9, 2010 to File Response/Reply as to 609 MOTION for Entry of Judgment on Commercial Point, or in the Alternative, for a New Trial on the Timing and Allocation of Property Damage by Boston Gas Company. Response due by 6/9/2010 (Alba, Robert) (Entered: 05/26/2010) 612 MOTION for New Trial Regarding the Everett Site on the
04/23/2010
04/28/2010
05/11/2010
05/11/2010
610
05/26/2010
611
05/26/2010
06/08/2010
84
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Document: 00116247067
Page: 87
Entry ID: 5573079
Issue of Expected or Intended and For Any Further Relief Deemed Appropriate by the Court by Century Indemnity Company.(Chaffin, David) (Entered: 06/08/2010) 06/08/2010 613 MEMORANDUM in Support re 612 MOTION for New Trial Regarding the Everett Site on the Issue of Expected or Intended and For Any Further Relief Deemed Appropriate by the Court filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1 Part 1, # 2 Exhibit 1 Part 2, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28 Part 1, # 30 Exhibit 28 Part 2, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34, # 37 Exhibit 35, # 38 Exhibit 36, # 39 Exhibit 37, # 40 Exhibit 38, # 41 Exhibit 39, # 42 Exhibit 40, # 43 Exhibit 41, # 44 Exhibit 42, # 45 Exhibit 43, # 46 Exhibit 44, # 47 Exhibit 45, # 48 Exhibit 46, # 49 Exhibit 47, # 50 Exhibit 48, # 51 Exhibit 49, # 52 Exhibit 50, # 53 Exhibit 51)(Chaffin, David) (Entered: 06/08/2010) MEMORANDUM in Opposition re 609 MOTION for Entry of Judgment on Commercial Point, or in the Alternative, for a New Trial on the Timing and Allocation of Property Damage filed by Boston Gas 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Elkind, David) (Entered: 06/09/2010) ELECTRONIC NOTICE issued requesting courtesy copy for 614 Memorandum in Opposition to Motion. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 06/11/2010) 615 REPLY to Response to 609 MOTION for Entry of Judgment on Commercial Point, or in the Alternative, for a New Trial on the Timing and Allocation of Property Damage filed by Century Indemnity Company. (Chaffin, David) (Entered: 06/14/2010) Letter/request (nonmotion) from Boston Gas Company. (Elkind, David) (Entered: 06/17/2010) Judge Patti B. Saris: ORDER entered. ELECTRONIC ENDORSEMENT re 616 Letter/request (nonmotion).
06/09/2010
614
06/11/2010
06/14/2010
06/17/2010 06/21/2010
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Page: 88
Entry ID: 5573079
"This is an ancient case with a long and complex history. I would like a status memo from each side with an overview of (a) the factual issues, (b) the procedural history, and (c) case management recommendations."(Patch, Christine) (Entered: 06/22/2010) 06/28/2010 617 STATUS REPORT by Boston Gas Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Elkind, David) (Entered: 06/28/2010) STATUS REPORT Century Indemnity Company's Status Memorandum Pursuant to the Court's June 22, 2010 Order by Century Indemnity 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, # 9 Exhibit 9)(Chaffin, David) (Entered: 06/28/2010) Consent MOTION for Extension of Time to July 13, 2010 to To Oppose Century's Motion for New Trial re: Everett Site On Issue of Expected and Intended by Boston Gas Company. (Attachments: # 1 Exhibit 1)(Elkind, David) Modified on 6/29/2010 (Patch, Christine). (Entered: 06/28/2010) Judge Patti B. Saris: ELECTRONIC ORDER entered granting 619 Motion for Extension of Time to File Response/Reply re 612 MOTION for New Trial Regarding the Everett Site on the Issue of Expected or Intended and For Any Further Relief Deemed Appropriate by the Court Responses due by 7/13/2010 (Patch, Christine) (Entered: 06/29/2010) ELECTRONIC NOTICE issued requesting courtesy copy for 618 Status Report. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 06/30/2010) ELECTRONIC NOTICE OF RESCHEDULING. The Status Conference previously set for 7/1/2010 at 2:00 PM is RESCHEDULED to 2:30 PM in Courtroom 19 before Judge Patti B. Saris. NOTE: CHANGE IS TO TIME ONLY. (Alba, Robert) (Entered: 07/01/2010) ELECTRONIC Clerk's Notes for proceedings held before Judge Patti B. Saris: Status Conference held on 7/1/2010. Final Pretrial Conference set for 2/2/2011 at 2:00 PM in Courtroom 19 before Judge Patti B. Saris. Jury Trial set for 2/7/2011 at 9:00 AM in Courtroom 19 before Judge
06/28/2010
618
06/28/2010
619
06/28/2010
06/30/2010
07/01/2010
07/01/2010
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Entry ID: 5573079
Patti B. Saris. (Court Reporter: Lee Marzilli at 6173456787.)(Attorneys present: Elkind, Gibbons, Celucci, Heskin, Chaffin) (Alba, Robert) (Entered: 07/01/2010) 07/02/2010 620 Judge Patti B. Saris: ORDER entered. PROCEDURAL ORDER re pretrial/trial Final Pretrial Conference set for 2/2/2011 02:00 PM in Courtroom 19 before Judge Patti B. Saris. Jury Trial set for 2/7/2011 09:00 AM in Courtroom 19 before Judge Patti B. Saris.(Patch, Christine) (Entered: 07/02/2010) Assented to MOTION to Withdraw , Without Prejudice, Century Indemnity Company's Motion for a New Trial Regarding the Everett Site on the Issue of Expected or Intended and for any Further Relief Deemed Appropriate by the Court by Century Indemnity Company.(Chaffin, David) (Entered: 07/06/2010) Proposed Document(s) submitted by Century Indemnity Company. Document received: PROPOSED SCHEDULING ORDER. (Chaffin, David) (Entered: 07/07/2010) Judge Patti B. Saris: ELECTRONIC ORDER entered granting 621 Motion to Withdraw 612 MOTION for New Trial Regarding the Everett Site on the Issue of Expected or Intended and For Any Further Relief Deemed Appropriate by the Court (Patch, Christine) (Entered: 07/12/2010) Motions terminated: 612 MOTION for New Trial Regarding the Everett Site on the Issue of Expected or Intended and For Any Further Relief Deemed Appropriate by the Court filed by Century Indemnity Company. (Patch, Christine) (Entered: 07/12/2010) 625 626 623 Judge Patti B. Saris: ORDER entered. SCHEDULING ORDER:(Patch, Christine) (Entered: 07/12/2010) Judge Patti B. Saris: ORDER entered. SCHEDULING ORDER:(Patch, Christine) (Entered: 07/12/2010) Transcript of Status Conference held on July 1, 2010, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 7/30/2010. Redacted Transcript Deadline set for 8/9/2010. Release of Transcript Restriction set for 10/7/2010. (Scalfani, Deborah) (Entered: 07/09/2010) NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the
07/06/2010
621
07/07/2010
622
07/07/2010
07/07/2010
07/08/2010 07/08/2010 07/09/2010
07/09/2010
624
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Page: 90
Entry ID: 5573079
abovecaptioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 07/09/2010) 07/13/2010 Notice of correction to docket made by Court staff. Correction: Document No. 625 corrected because: it was filed in error by Court staff. Please refer to Document No. 626 for corrected filing (Patch, Christine) (Entered: 07/13/2010) 627 CENTURY INDEMNITY COMPANY'S RENEWED MOTION FOR AN ORDER THAT THE NEW TRIAL ON THE EVERETT SITE INCLUDE THE ISSUE OF EXPECTED OR INTENDED AND FOR FURTHER RELIEF DEEMED APPROPRIATE BY THE COURT by Century Indemnity Company.(Chaffin, David) Modified on 8/13/2010 to correct event (Patch, Christine). (Entered: 08/12/2010) MEMORANDUM in Support re 627 CENTURY INDEMNITY COMPANY'S RENEWED MOTION FOR AN ORDER THAT THE NEW TRIAL ON THE EVERETT SITE INCLUDE THE ISSUE OF EXPECTED OR INTENDED AND FOR FURTHER RELIEF DEEMED APPROPRIATE BY THE COURT filed by Century Indemnity 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 28, # 21 Exhibit 38)(Chaffin, David) Modified on 8/13/2010 (Patch, Christine). (Entered: 08/12/2010) ELECTRONIC NOTICE issued requesting courtesy copy for 628 Memorandum in Support of Motion, 627 MOTION for Order. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 08/13/2010) 629 Letter/request (nonmotion) from Boston Gas Company. (Attachments: # 1 Exhibit Tab 1, # 2 Exhibit Tab 2)(Elkind, David) (Entered: 08/31/2010) STIPULATION OF DISMISSAL OF THE AMENDED THIRDPARTY COMPLAINT WITH PREJUDICE by Certain Underwriters of Lloyd's, London. (Harding, John) (Entered: 09/02/2010)
08/12/2010
08/12/2010
628
08/13/2010
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09/02/2010
630
09/07/2010
631
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Page: 91
Entry ID: 5573079
Consent MOTION for Leave to File Excess Pages by Boston Gas Company.(Elkind, David) (Entered: 09/07/2010) 09/07/2010 Judge Patti B. Saris: ELECTRONIC ORDER entered granting 631 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include Leave to file granted on (date of order) in the caption of the document. (Patch, Christine) (Entered: 09/08/2010) 632 RESPONSE to Motion re 627 MOTION for Order filed by Boston Gas 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34)(Elkind, David). (Entered: 09/09/2010) ELECTRONIC NOTICE issued requesting courtesy copy for 632 Response to Motion. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 09/10/2010) 633 REPLY to Response to 627 MOTION for Order Reply Memorandum In Support Of Its Renewed Motion For An Order That The New Trial On The Everett Site Include The Issue Of Expected Or Intended And For Further Relief Deemed Appropriate By The Court filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1 (part 1), # 2 Exhibit 1 (part 2), # 3 Exhibit 1 (part 3), # 4 Exhibit 1 (part 4), # 5 Exhibit 1 (part 5), # 6 Exhibit 1 (part 6), # 7 Exhibit 1 (part 7), # 8 Exhibit 1 (part 8), # 9 Exhibit 1 (part 9), # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6, # 15 Exhibit 7, # 16 Exhibit 8, # 17 Exhibit 9)(Chaffin, David) (Entered: 09/13/2010) Declaration of Shane R. Heskin In Further Support Of 627 Renewed Motion For An Order That The New Trial On The Everett Site Include The Issue Of Expected Or Intended And For Further Relief Deemed Appropriate By
09/09/2010
09/10/2010
09/13/2010
09/13/2010
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The Court by Century Indemnity Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Chaffin, David) Modified on 9/15/2010 (Patch, Christine). (Entered: 09/13/2010) 09/14/2010 635 Consent MOTION for Hearing re 627 MOTION for Order by Boston Gas Company.(Elkind, David) (Entered: 09/14/2010) Judge Patti B. Saris: ELECTRONIC ORDER entered allowing 635 Consent MOTION for Hearing re 627 MOTION for Order by Boston Gas Company. "Allowed. A hearing on Motion #627 will be held on October 29, 2010 at 3:30 PM." (Alba, Robert) (Entered: 09/16/2010) Set Deadlines as to 627 MOTION for Order. Motion Hearing set for 10/29/2010 at 3:30 PM in Courtroom 19 before Judge Patti B. Saris. (Alba, Robert) (Entered: 09/16/2010) 636 MOTION to Dismiss THE EVERETT CLAIM BASED ON SPOLIATION OF EVIDENCE OR IN THE ALTERNATIVE FOR AN ADVERSE INFERENCE AND ANY OTHER RELIEF DEEMED APPROPRIATE BY THE COURT by Century Indemnity 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Chaffin, David) (Entered: 09/22/2010) MEMORANDUM in Support re 636 MOTION to Dismiss THE EVERETT CLAIM BASED ON SPOLIATION OF EVIDENCE OR IN THE ALTERNATIVE FOR AN ADVERSE INFERENCE AND ANY OTHER RELIEF DEEMED APPROPRIATE BY THE COURT filed by Century Indemnity Company. (Chaffin, David) (Entered: 09/22/2010) DECLARATION re 636 MOTION to Dismiss THE EVERETT CLAIM BASED ON SPOLIATION OF EVIDENCE OR IN THE ALTERNATIVE FOR AN ADVERSE INFERENCE AND ANY OTHER RELIEF DEEMED APPROPRIATE BY THE COURT , DECLARATION OF SHANE R. HESKIN IN SUPPORT OF by Century Indemnity Company. (Chaffin, David) (Entered: 09/22/2010) DECLARATION OF SCOTT J. NATHAN by Century Indemnity Company. (Chaffin, David) (Entered: 09/22/2010) ELECTRONIC NOTICE issued requesting courtesy copy for 636 MOTION to Dismiss THE EVERETT CLAIM
09/16/2010
09/16/2010
09/22/2010
09/22/2010
637
09/22/2010
638
09/22/2010
639
09/23/2010
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BASED ON SPOLIATION OF EVIDENCE OR IN THE ALTERNATIVE FOR AN ADVERSE INFERENCE AND ANY OTHER RELIEF DEEMED APPROPRIATE BY THE COURT, 638 Declaration, 639 Declaration, 637 Memorandum in Support of Motion. Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 09/23/2010) 10/12/2010 10/13/2010 640 641 MOTION to Seal by Boston Gas Company.(Patch, Christine) (Entered: 10/13/2010) Opposition re 640 MOTION to Seal filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Patch, Christine) (Entered: 10/13/2010) REPLY to Response to 640 MOTION to Seal filed by Boston Gas Company. (Patch, Christine) (Entered: 10/14/2010) Judge Patti B. Saris: ELECTRONIC ORDER entered denying 640 Motion to Seal (Patch, Christine) (Entered: 10/15/2010) 643 RESPONSE to Motion re 636 MOTION to Dismiss THE EVERETT CLAIM BASED ON SPOLIATION OF EVIDENCE OR IN THE ALTERNATIVE FOR AN ADVERSE INFERENCE AND ANY OTHER RELIEF DEEMED APPROPRIATE BY THE COURT filed by Boston Gas 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Elkind, David) (Entered: 10/15/2010) REPLY to Response to 636 MOTION to Dismiss THE EVERETT CLAIM BASED ON SPOLIATION OF EVIDENCE OR IN THE ALTERNATIVE FOR AN ADVERSE INFERENCE AND ANY OTHER RELIEF DEEMED APPROPRIATE BY THE COURT filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 part 1, # 4 Exhibit 3 part 2, # 5 Exhibit 3 part 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Chaffin, David) (Entered: 10/18/2010) ELECTRONIC NOTICE issued requesting courtesy copy for 643 Response to Motion, 644 Reply to Response to Motion. Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office. These documents must be clearly marked as a
10/13/2010
642
10/15/2010
10/15/2010
10/18/2010
644
10/18/2010
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Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 10/18/2010) 10/19/2010 ELECTRONIC NOTICE issued requesting courtesy copy for 612 Motion for New Trial and 613 Memorandum in Support of Motion. Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office by 10/22/10. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 10/19/2010) 645 Assented to MOTION FOR ORAL ARGUMENT re 636 MOTION to Dismiss THE EVERETT CLAIM BASED ON SPOLIATION OF EVIDENCE OR IN THE ALTERNATIVE FOR AN ADVERSE INFERENCE AND ANY OTHER RELIEF DEEMED APPROPRIATE BY THE COURT by Century Indemnity Company.(Chaffin, David) (Entered: 10/25/2010) ELECTRONIC NOTICE Rescheduling Hearing on 627 CENTURY INDEMNITY COMPANY'S RENEWED MOTION FOR AN ORDER THAT THE NEW TRIAL ON THE EVERETT SITE INCLUDE THE ISSUE OF EXPECTED OR INTENDED AND FOR FURTHER RELIEF DEEMED APPROPRIATE BY THE COURT. By agreement of counsel the Motion Hearing is rescheduled from 10/29/2010 at 3:30 PM to 10/29/2010 at 10:00 AM in Courtroom 19 before Judge Patti B. Saris. NOTE: CHANGE IS TO TIME ONLY. (Alba, Robert) (Entered: 10/28/2010) Judge Patti B. Saris: ELECTRONIC ORDER entered granting 645 Assented to MOTION FOR ORAL ARGUMENT re 636 MOTION to Dismiss THE EVERETT CLAIM BASED ON SPOLIATION OF EVIDENCE OR IN THE ALTERNATIVE FOR AN ADVERSE INFERENCE AND ANY OTHER RELIEF DEEMED APPROPRIATE BY THE COURT. (Alba, Robert) (Entered: 10/28/2010) ELECTRONIC NOTICE Setting Hearing on 636 MOTION to Dismiss THE EVERETT CLAIM BASED ON SPOLIATION OF EVIDENCE OR IN THE ALTERNATIVE FOR AN ADVERSE INFERENCE AND ANY OTHER RELIEF DEEMED APPROPRIATE BY THE COURT. Motion Hearing set for 10/29/2010 at 10:00 AM in Courtroom 19 before Judge Patti B. Saris. (Alba, Robert) (Entered: 10/28/2010) ELECTRONIC Clerk's Notes for proceedings held before Judge Patti B. Saris: Motion Hearing held on 10/29/2010 re 636 MOTION to Dismiss THE EVERETT CLAIM
10/25/2010
10/28/2010
10/28/2010
10/28/2010
10/29/2010
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Entry ID: 5573079
BASED ON SPOLIATION OF EVIDENCE OR IN THE ALTERNATIVE FOR AN ADVERSE INFERENCE AND ANY OTHER RELIEF DEEMED APPROPRIATE BY THE COURT filed by Century Indemnity Company, and 627 MOTION for Order filed by Century Indemnity Company. Court hears argument of counsel. Court makes rulings on the record. Daubert motions to be filed by 11/22/2010. Oppositions by 12/11/2010. Daubert Hearing set for 12/22/2010 at 2:00 PM in Courtroom 19 before Judge Patti B. Saris. (Court Reporter: Lee Marzilli at 6173456787.)(Attorneys present: various counsel) (Alba, Robert) (Entered: 10/29/2010) 11/04/2010 11/15/2010 646 647 Response by Boston Gas Company. (Elkind, David) (Entered: 11/04/2010) MOTION for Leave to File A Motion for Summary Judgment With Respect to the Everett Site on the Mystic and Island End Rivers and Motion to Stay Consideration of Its Motion for a New Trial by Century Indemnity Company.(Chaffin, David). Added MOTION to Stay on 11/23/2010 (Patch, Christine). (Entered: 11/15/2010) MOTION in Limine by Boston Gas Company.(Elkind, David) (Entered: 11/16/2010) MEMORANDUM in Support re 648 MOTION in Limine filed by Boston Gas 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29 (Part 1), # 30 Exhibit 29 (Part 2), # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33)(Elkind, David) (Entered: 11/16/2010) Opposition re 647 MOTION for Leave to File A Motion for Summary Judgment With Respect to the Everett Site on the Mystic and Island End Rivers and Motion to Stay Consideration of Its Motion for a New Trial filed by Boston Gas Company. (Elkind, David) (Entered: 11/17/2010) Emergency MOTION for Extension of Time to File Response/Reply as to 648 MOTION in Limine CONCERNING IRRELEVANT EVIDENCE by Century Indemnity Company.(Chaffin, David) (Entered: 11/18/2010)
11/16/2010 11/16/2010
648 649
11/17/2010
650
11/18/2010
651
11/19/2010
652
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Opposition re 651 Emergency MOTION for Extension of Time to File Response/Reply as to 648 MOTION in Limine CONCERNING IRRELEVANT EVIDENCE filed by Boston Gas Company. (Attachments: # 1 Exhibit 1)(Elkind, David) (Entered: 11/19/2010) 11/22/2010 653 MOTION in Limine TO PRECLUDE THE EXPERT OPINIONS OF DR. NEIL S. SHIFRIN BASED ON THE ECONOMIC THEORY OF STANDALONE COST ANALYSIS by Century Indemnity Company.(Chaffin, David) (Entered: 11/22/2010) MOTION in Limine To Exclude Expert Testimony by Charles K. Anderson by Boston Gas Company.(Elkind, David) (Entered: 11/22/2010) MEMORANDUM in Support re 654 MOTION in Limine To Exclude Expert Testimony by Charles K. Anderson filed by Boston Gas 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)(Elkind, David) (Entered: 11/22/2010) MEMORANDUM in Support re 653 MOTION in Limine TO PRECLUDE THE EXPERT OPINIONS OF DR. NEIL S. SHIFRIN BASED ON THE ECONOMIC THEORY OF STANDALONE COST ANALYSIS filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 Part 1, # 5 Exhibit 4 Part 2, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11 Part 1, # 13 Exhibit 11 Part 2, # 14 Exhibit 12 Part 1, # 15 Exhibit 12 Part 2, # 16 Exhibit 12 Part 3, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16)(Chaffin, David) (Entered: 11/22/2010) ELECTRONIC NOTICE issued requesting courtesy copy for 653 MOTION in Limine TO PRECLUDE THE EXPERT OPINIONS OF DR. NEIL S. SHIFRIN BASED ON THE ECONOMIC THEORY OF STANDALONE COST ANALYSIS, 656 Memorandum in Support of Motion. Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 11/23/2010) Judge Patti B. Saris: ELECTRONIC ORDER entered denying 647 Motion for Leave to File a Motion for Summary Judgment with Respect to the Everett Site on the Mystic and Island End Rivers and Motion to Stay Consideration of its Motion for a New Trial. "The First
11/22/2010
654
11/22/2010
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11/22/2010
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11/23/2010
11/24/2010
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Entry ID: 5573079
Circuit addressed the issue of the cleanup of the Mystic River, and rejected the claim of speculativeness. Boston Gas states it is not seeking recovery related the Island End River." (Patch, Christine) (Entered: 11/24/2010) 11/24/2010 Judge Patti B. Saris: ELECTRONIC ORDER entered denying 651 Emergency MOTION for Extension of Time to File Response/Reply as to 648 MOTION in Limine CONCERNING IRRELEVANT EVIDENCE by Century Indemnity Company. "Denied." (Alba, Robert) (Entered: 11/24/2010) 657 Opposition re 648 MOTION in Limine Concerning Irrelevant Evidence filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Chaffin, David) (Entered: 11/30/2010) ELECTRONIC NOTICE issued requesting courtesy copy for 657 Opposition to Motion. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 12/01/2010) 658 Judge Patti B. Saris: ORDER entered. MEMORANDUM AND ORDER denying 627 MOTION for an Order that the New Trial on the Everett Site Include the Issue of Expected or Intended filed by Century Indemnity Company. Century's request for attorney's fees for this motion is DENIED."(Patch, Christine) (Entered: 12/08/2010) Opposition re 653 MOTION in Limine TO PRECLUDE THE EXPERT OPINIONS OF DR. NEIL S. SHIFRIN BASED ON THE ECONOMIC THEORY OF STANDALONE COST ANALYSIS filed by Boston Gas Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Part A), # 3 Exhibit 2 (Part B), # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15 (Part A), # 17 Exhibit 15 (Part B), # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23)(Elkind, David) (Entered: 12/13/2010) Opposition re 654 MOTION in Limine To Exclude Expert Testimony by Charles K. Anderson filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 Part 1, # 4 Exhibit 3 Part 2, # 5 Exhibit 3 Part 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit
11/30/2010
12/01/2010
12/08/2010
12/13/2010
659
12/13/2010
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Entry ID: 5573079
9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21)(Chaffin, David) (Entered: 12/13/2010) 12/16/2010 12/17/2010 661 662 Letter/request (nonmotion) from Boston Gas Company. (Trotter, Kenneth) (Entered: 12/16/2010) REPLY to Response to 653 MOTION in Limine TO PRECLUDE THE EXPERT OPINIONS OF DR. NEIL S. SHIFRIN BASED ON THE ECONOMIC THEORY OF STANDALONE COST ANALYSIS filed by Century Indemnity 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Chaffin, David) (Main Document 662 replaced on 12/17/2010) (Patch, Christine). (Entered: 12/17/2010) Judge Patti B. Saris: ELECTRONIC ORDER entered re 661 Letter/request (nonmotion) from Boston Gas Company. "The December 22 Daubert Hearing will not be an evidentiary hearing." (Alba, Robert) (Entered: 12/17/2010) 663 664 NOTICE of Change of Address or Firm Name by David B. Chaffin (Chaffin, David) (Entered: 12/20/2010) REPLY to Response to 654 MOTION in Limine To Exclude Expert Testimony by Charles K. Anderson filed by Boston Gas Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Elkind, David) (Entered: 12/20/2010) ELECTRONIC Clerk's Notes for proceedings held before Judge Patti B. Saris: Daubert Hearing held on 12/22/2010. Court reschedules Final Pretrial Conference from 2/2/2011 to 2/3/2011 at 2:30 PM in Courtroom 19 before Judge Patti B. Saris. (Court Reporter: Lee Marzilli at 6173456787.)(Attorneys present: various counsel) (Alba, Robert) (Entered: 12/22/2010) 665 MOTION in Limine Defendant Century Indemnity Company's Motion in Limine to Preclude Boston Gas from Contradicting Its Prior Admissions at Trial by Century Indemnity Company.(Chaffin, David) (Entered: 01/04/2011) MEMORANDUM in Support re 665 MOTION in Limine Defendant Century Indemnity Company's Motion in Limine to Preclude Boston Gas from Contradicting Its Prior Admissions at Trial filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
12/17/2010
12/20/2010 12/20/2010
12/22/2010
01/04/2011
01/04/2011
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Entry ID: 5573079
Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Chaffin, David) (Entered: 01/04/2011) 01/04/2011 667 Supplemental MEMORANDUM in Opposition re 654 MOTION in Limine To Exclude Expert Testimony by Charles K. Anderson filed by Century Indemnity 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)(Chaffin, David) (Entered: 01/04/2011) Response by Boston Gas 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, # 9 Exhibit 9, # 10 Exhibit 10)(Elkind, David) (Entered: 01/04/2011) Transcript of Daubert Hearing held on December 22, 2010, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 1/26/2011. Redacted Transcript Deadline set for 2/7/2011. Release of Transcript Restriction set for 4/5/2011. (Scalfani, Deborah) (Entered: 01/05/2011) NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the abovecaptioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 01/05/2011) ELECTRONIC NOTICE issued requesting courtesy copy for 666 Memorandum in Support of Motion, 667 Memorandum in Opposition to Motion, 665 MOTION in Limine Defendant Century Indemnity Company's Motion in Limine to Preclude Boston Gas from Contradicting Its Prior Admissions at Trial. Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 01/05/2011) 671 Opposition Response by Century Indemnity Company to 668 Response To The Court's Questions From The December 22, 2010 Hearing. (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 Part 1, # 9 Exhibit 8 Part 2, # 10 Exhibit 9, # 11 Exhibit 10, # 12
01/04/2011
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01/05/2011
669
01/05/2011
670
01/05/2011
01/10/2011
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Document: 00116247067
Page: 100
Entry ID: 5573079
Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13)(Chaffin, David) (Entered: 01/10/2011) 01/11/2011 ELECTRONIC NOTICE issued requesting courtesy copy for 671 Response. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 01/11/2011) 672 Supplemental MEMORANDUM in Support re 654 MOTION in Limine To Exclude Expert Testimony by Charles K. Anderson filed by Boston Gas Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Elkind, David) (Entered: 01/14/2011) Objections to Boston Gas Company's Witness List by Century Indemnity Company. (Chaffin, David) (Entered: 01/17/2011) Reply in Further Response by Century Indemnity Company to 672 Memorandum in Support of Motion, To Exclude Expert Testimony by Charles K. Anderson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Chaffin, David) (Entered: 01/17/2011) Objection by Boston Gas Company to Century Indemnity Company's Witness List. (Elkind, David) (Entered: 01/18/2011) AMENDED OBJECTIONS TO BOSTON GAS COMPANYS Witness List by Century Indemnity Company. (Chaffin, David) (Entered: 01/18/2011) Opposition re 665 MOTION in Limine Defendant Century Indemnity Company's Motion in Limine to Preclude Boston Gas from Contradicting Its Prior Admissions at Trial filed by Boston Gas 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Elkind, David) (Entered: 01/18/2011) ELECTRONIC NOTICE issued requesting courtesy copy for 677 Opposition to Motion. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine)
01/14/2011
01/17/2011
673
01/17/2011
674
01/18/2011
675
01/18/2011
676
01/18/2011
677
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(Entered: 01/19/2011) 01/19/2011 678 Proposed Jury Instructions by Century Indemnity Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Chaffin, David) (Entered: 01/19/2011) Proposed Voir Dire by Century Indemnity Company. (Chaffin, David) (Entered: 01/19/2011) Proposed Jury Questions by Century Indemnity Company. (Chaffin, David) (Entered: 01/19/2011) Witness List by Century Indemnity Company. (Chaffin, David) (Entered: 01/19/2011) MOTION in Limine to Preclude Boston Gas Company from Presenting Arguments and Evidence Concerning Any Impact the Purported Removal of Tars and Oils in 1969 Had on Its Liability by Century Indemnity Company.(Chaffin, David) (Entered: 01/19/2011) MOTION in Limine to Preclude Boston Gas Company from Presenting Arguments and Evidence that are Contrary to Massachusetts Law on the OwnedPreperty Exclusion by Century Indemnity Company.(Chaffin, David) (Entered: 01/19/2011) MEMORANDUM in Support re 683 MOTION in Limine to Preclude Boston Gas Company from Presenting Arguments and Evidence that are Contrary to Massachusetts Law on the OwnedPreperty Exclusion filed by Century Indemnity 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Chaffin, David) (Entered: 01/19/2011) MOTION in Limine to Preclude Evidence of Insurance Underwriting and Claim Handling by Century Indemnity Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Chaffin, David) (Entered: 01/19/2011) Proposed Voir Dire by Boston Gas Company. (Elkind, David) (Entered: 01/19/2011) Witness List by Boston Gas Company. (Attachments: # 1 Exhibit 1)(Elkind, David) (Attachment 1 replaced on 1/21/2011) (Patch, Christine). (Entered: 01/19/2011) PRETRIAL MEMORANDUM by Boston Gas Company, Century Indemnity Company. (Attachments: # 1 Exhibit 1)(Elkind, David) (Entered: 01/19/2011) Proposed Jury Instructions by Boston Gas Company. (Attachments: # 1 Exhibit A)(Elkind, David) (Entered:
01/19/2011 01/19/2011 01/19/2011 01/19/2011
679 680 681 682
01/19/2011
683
01/19/2011
684
01/19/2011
685
01/19/2011 01/19/2011
686 687
01/19/2011
688
01/19/2011
689
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01/19/2011) 01/19/2011 690 Proposed Jury Questions by Boston Gas Company. (Attachments: # 1 Exhibit A)(Elkind, David) (Entered: 01/19/2011) NOTICE by Century Indemnity Company Century Indemnify Company's Deposition Designations for the Everett Trial (Chaffin, David) (Entered: 01/19/2011) PRETRIAL MEMORANDUM by Century Indemnity Company. (Chaffin, David) (Entered: 01/19/2011) Exhibit List for the Everett Trial by Century Indemnity Company.. (Chaffin, David) (Entered: 01/19/2011) Exhibit List by Boston Gas Company.. (Elkind, David) (Entered: 01/19/2011) ELECTRONIC NOTICE issued requesting courtesy copy for 686 Proposed Voir Dire, 679 Proposed Voir Dire, 681 Witness List, 682 MOTION in Limine to Preclude Boston Gas Company from Presenting Arguments and Evidence Concerning Any Impact the Purported Removal of Tars and Oils in 1969 Had on Its Liability, 685 MOTION in Limine to Preclude Evidence of Insurance Underwriting and Claim Handling, 688 Pretrial Memorandum, 687 Witness List, 683 MOTION in Limine to Preclude Boston Gas Company from Presenting Arguments and Evidence that are Contrary to Massachusetts Law on the OwnedPreperty Exclusion, 690 Proposed Jury Questions, 684 Memorandum in Support of Motion, 689 Proposed Jury Instructions, 691 Notice (Other), 680 Proposed Jury Questions, 694 Exhibit List, 693 Exhibit List, 692 Pretrial Memorandum, 678 Proposed Jury Instructions. Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 01/20/2011) 695 Response by Boston Gas Company to 674 Response, to the Court's Questions Concerning Charles Anderson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Elkind, David) (Entered: 01/20/2011) REPLY to Response to 665 MOTION in Limine Defendant Century Indemnity Company's Motion in Limine to Preclude Boston Gas from Contradicting Its Prior Admissions at Trial filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
01/19/2011
691
01/19/2011 01/19/2011 01/19/2011 01/20/2011
692 693 694
01/20/2011
01/20/2011
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Entry ID: 5573079
Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Chaffin, David) (Entered: 01/20/2011) 01/21/2011 ELECTRONIC NOTICE issued requesting courtesy copy for 695 Response, 696 Reply to Response to Motion. Counsel who filed this document are requested to submit a courtesy copy of them to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 01/21/2011) 697 Amended Exhibit List For The Everett Trial by Century Indemnity Company.. (Chaffin, David) (Entered: 01/24/2011) Objection by Boston Gas Company to Century Indemnity Company's Witness List. (Elkind, David) (Entered: 01/26/2011) Opposition re 683 MOTION in Limine to Preclude Boston Gas Company from Presenting Arguments and Evidence that are Contrary to Massachusetts Law on the OwnedPreperty Exclusion filed by Boston Gas Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Elkind, David) (Entered: 01/26/2011) Opposition re 682 MOTION in Limine to Preclude Boston Gas Company from Presenting Arguments and Evidence Concerning Any Impact the Purported Removal of Tars and Oils in 1969 Had on Its Liability filed by Boston Gas Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Elkind, David) (Entered: 01/26/2011) Objection to 687 Witness List by Century Indemnity Company. (Chaffin, David) (Entered: 01/26/2011) Objection to 694 Exhibit List by Century Indemnity Company. (Chaffin, David) (Entered: 01/26/2011) Objection by Century Indemnity Company To And CounterDesignations Of Testimony For The Everett Trial. (Chaffin, David) (Entered: 01/26/2011) Opposition re 685 MOTION in Limine to Preclude Evidence of Insurance Underwriting and Claim Handling filed by Boston Gas Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Elkind, David) (Entered: 01/26/2011) Objection by Boston Gas Company to Defendant Century Indemnity Company's Exhibit List. (Elkind, David) (Entered: 01/26/2011) Objection by Boston Gas Company and CounterDesignations to Century Indemnity Company's
01/24/2011
01/26/2011
698
01/26/2011
699
01/26/2011
700
01/26/2011 01/26/2011 01/26/2011
701 702 703
01/26/2011
704
01/26/2011
705
01/26/2011
706
101
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Entry ID: 5573079
Deposition Designations. (Elkind, David) (Entered: 01/26/2011) 01/27/2011 707 MOTION for Leave to File a Response to Century's Reply in Support of its Motion in Limine (PACER #696) by Boston Gas Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Elkind, David) (Entered: 01/27/2011) ELECTRONIC NOTICE issued requesting courtesy copy for 707 MOTION for Leave to File a Response to Century's Reply in Support of its Motion in Limine (PACER #696). Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 01/28/2011) 708 Second Amended Exhibit List For The Everett Trial by Century Indemnity Company.. (Chaffin, David) (Entered: 01/28/2011) TRIAL BRIEF CENTURY INDEMNITY COMPANY'S TRIAL BRIEF FOR THE EVERETT SITE by Century Indemnity Company. (Chaffin, David) (Entered: 01/31/2011) TRIAL BRIEF by Boston Gas 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Elkind, David) (Entered: 01/31/2011) ELECTRONIC NOTICE issued requesting courtesy copy for 709 Trial Brief, 710 Trial Brief. Counsel who filed this document are requested to submit a courtesy copy of these documents to the Clerk's Office as soon as possible. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) (Entered: 02/01/2011) ELECTRONIC Clerk's Notes for proceedings held before Judge Patti B. Saris: Final Pretrial Conference held on 2/3/2011. Court and counsel discuss various pretrial issues. Court makes rulings on the record in open court. Jury Trial rescheduled to 2/28/2011 at 9:00 AM in Courtroom 19 before Judge Patti B. Saris. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: various counsel) (Alba, Robert) (Entered: 02/03/2011) 711 Transcript of Final Pretrial Conference held on February 3, 2011, before Judge Patti B. Saris. The Transcript may
01/28/2011
01/28/2011
01/31/2011
709
01/31/2011
710
02/01/2011
02/03/2011
02/08/2011
102
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Document: 00116247067
Page: 105
Entry ID: 5573079
be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com Redaction Request due 3/1/2011. Redacted Transcript Deadline set for 3/11/2011. Release of Transcript Restriction set for 5/9/2011. (Scalfani, Deborah) (Entered: 02/08/2011) 02/08/2011 712 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the abovecaptioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 02/08/2011) Joint Letter/request (nonmotion) from Boston Gas and Century Indemnity. (Elkind, David) (Entered: 02/14/2011) Supplemental MEMORANDUM in Support re 665 MOTION in Limine Defendant Century Indemnity Company's Motion in Limine to Preclude Boston Gas from Contradicting Its Prior Admissions at Trial With Respect To The Southern Study Area filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Chaffin, David) (Entered: 02/14/2011) AFFIDAVIT in Support re 714 Memorandum in Support of Motion, OF CHARLES K. ANDERSON. (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)(Chaffin, David) (Entered: 02/14/2011) Response by Boston Gas Company to 714 Memorandum in Support of Motion, Supplemental Brief Regarding Judicial Estoppel. (Elkind, David) (Entered: 02/16/2011) Judge Patti B. Saris: ORDER entered. SIXTY (60) DAYS SETTLEMENT ORDER OF DISMISSAL (York, Steve) (Entered: 02/22/2011) Civil Case Terminated. (York, Steve) (Entered: 02/22/2011) 718 719 720 NOTICE of Settlement by Century Indemnity Company (Chaffin, David) (Entered: 02/22/2011) Letter from David B. Chaffin. (York, Steve) (Entered: 02/23/2011) STATUS REPORT by Century Indemnity Company. (Chaffin, David) (Entered: 03/17/2011)
02/14/2011
713
02/14/2011
714
02/14/2011
715
02/16/2011
716
02/22/2011
717
02/22/2011 02/22/2011 02/22/2011 03/17/2011
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03/21/2011 04/04/2011
721 722
Letter/request (nonmotion) from Boston Gas Company. (Elkind, David) (Entered: 03/21/2011) Letter to Judge Saris from Guy A. Cellucci apprising the court on the status of the case, FILED. (Boyce, Kathy) (Entered: 04/04/2011) Assented to MOTION to Reopen Case by Boston Gas Company.(Elkind, David) (Entered: 04/06/2011) ELECTRONIC NOTICE of Status Conference : Status Conference set for 4/20/2011 11:00 AM in Courtroom 19 before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 04/18/2011)
04/06/2011 04/18/2011
723
04/19/2011 04/20/2011 04/20/2011
724
STATUS REPORT by Boston Gas Company. (Elkind, David) (Entered: 04/19/2011) Case Reopened (Sonnenberg, Elizabeth) (Entered: 04/20/2011) ELECTRONIC Clerk's Notes for proceedings held before Judge Patti B. Saris: granting 723 Motion to Reopen Case. Status Conference held on 4/20/2011. Motion hrg set for 5/2/11 at 9:30; PTC 7/26/11 2:30; J/T 8/1/11 9:00am. Supp Briefs to be filed on or before 4/29/11. (Court Reporter: Lee Marzilli at 6173456787.) (Atty Elkind, Gibbons by tel, Evans, Cellucci, Heskin)(Molloy, Maryellen) (Entered: 04/21/2011) Set/Reset Hearings: Jury Trial set for 8/1/2011 09:00 AM in Courtroom 19 before Judge Patti B. Saris. Mtn Hearing set for 5/2/2011 09:30 AM in Courtroom 19 before Judge Patti B. Saris. Pretrial Conference set for 7/26/2011 09:00 AM in Courtroom 19 before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 04/21/2011) ELECTRONIC NOTICE OF RESCHEDULING "TIME ONLY" FROM 9:30 TO 9:00AM.Hearing set for 5/2/2011 09:00 AM in Courtroom 19 before Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 04/25/2011)
04/21/2011
04/25/2011
04/28/2011
725
Supplemental MEMORANDUM in Support re 609 MOTION for Entry of Judgment on Commercial Point, or in the Alternative, for a New Trial on the Timing and Allocation of Property Damage filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Chaffin, David) (Entered: 04/28/2011) Supplemental MEMORANDUM in Support re 563 MOTION for Entry of Judgment under Rule 54(b) and 50(b) filed by Boston Gas Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Elkind, David) (Entered:
04/29/2011
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Page: 107
Entry ID: 5573079
04/29/2011) 05/02/2011 ELECTRONIC Clerk's Notes for proceedings held before Judge Patti B. Saris: 5/2/11 Hearing held on the remaining issues w/respect to Century Indemnity re: Commercial Point site, all matters taken under advisement. Parties shall try and attempt to reach a settlement agreement. Counsel shall file a 5 page supplemental brief on or before 5/9/11; response due by 5/16/11. J/T will go forward as previously scheduled for 8/1/11 at 9:00am. (Court Reporter: Lee Marzilli at 6173456787.)(Attorneys present: Elkind, Gibbons, Evans, Cellucci, Heskin) (Molloy, Maryellen) (Entered: 05/02/2011) 727 Supplemental MEMORANDUM in Support re 563 MOTION for Entry of Judgment under Rule 54(b) and 50(b) filed by Boston Gas 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)(Elkind, David) (Entered: 05/09/2011) Transcript of Hearing held on May 2, 2011, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 5/31/2011. Redacted Transcript Deadline set for 6/10/2011. Release of Transcript Restriction set for 8/8/2011. (Scalfani, Deborah) (Main Document 728 replaced on 5/31/2011) (Scalfani, Deborah). (Entered: 05/10/2011) NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the abovecaptioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 05/10/2011) Response by Century Indemnity Company to 727 Memorandum in Support of 563 Motion for Entry of Judgment under Rule 54(b) and 50(b) (Chaffin, David). Modified docket relationship on 5/13/2011 (Anderson, Jennifer). (Additional attachment(s) added on 5/13/2011: # 1 Exhibit 1) (Anderson, Jennifer). (Entered: 05/12/2011) MOTION for Order to Adjourn The Trial Date In Favor of a Status Conference To Address New Areas of Contamination by Boston Gas Company.(Elkind, David) (Entered: 06/13/2011)
05/09/2011
05/10/2011
728
05/10/2011
729
05/12/2011
730
06/13/2011
731
06/15/2011
732
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Case: 11-1931
Document: 00116247067
Page: 108
Entry ID: 5573079
RESPONSE to Motion re 731 MOTION for Order to Adjourn The Trial Date In Favor of a Status Conference To Address New Areas of Contamination filed by Century Indemnity Company. (Attachments: # 1 Exhibit 1)(Chaffin, David) (Entered: 06/15/2011) 06/17/2011 733 Judge Patti B. Saris: ORDER entered DENYING 731 Motion for Order. "DENIED. This case was filed in 2002. If there are new areas of contamination, file a new legal action. This case needs closure." (Anderson, Jennifer) (Entered: 06/17/2011) Witness List for the Commercial Point Trial by Boston Gas Company. (Elkind, David) (Entered: 06/28/2011) NOTICE by Century Indemnity Company DESIGNATIONS OF TESTIMONY FOR THE COMMERCIAL POINT TRIAL (Chaffin, David) (Entered: 06/28/2011) CENTURY INDEMNITY COMPANYS Exhibit List FOR COMMERCIAL POINT RETRIAL by Century Indemnity Company.. (Chaffin, David) (Entered: 06/28/2011) Exhibit List for the Commercial Point Trial by Boston Gas Company.. (Elkind, David) (Entered: 06/28/2011) CENTURY INDEMNITY COMPANYS Witness List FOR THE COMMERCIAL POINT TRIAL by Century Indemnity Company. (Chaffin, David) (Entered: 06/28/2011) CERTIFICATE OF SERVICE pursuant to LR 5.2 by Century Indemnity Company re 736 Exhibit List. (Chaffin, David) (Entered: 06/29/2011) CERTIFICATE OF SERVICE pursuant to LR 5.2 by Century Indemnity Company re 738 Witness List. (Chaffin, David) (Entered: 06/29/2011) Judge Patti B. Saris: ORDER entered. PROCEDURAL ORDER re: pretrial/trial... Final Pretrial Conference set for 7/26/2011 02:30 PM in Courtroom 19 before Judge Patti B. Saris. Jury Trial set for 8/1/2011 09:00 AM in Courtroom 19 before Judge Patti B. Saris.(Molloy, Maryellen) (Entered: 07/05/2011) MOTION for Entry of Judgment under Rule 54(b) by Boston Gas Company.(Elkind, David) (Entered: 07/08/2011) NOTICE by Boston Gas Company Regarding Pretrial Submissions (Elkind, David) (Entered: 07/12/2011) RESPONSE to Motion re 742 MOTION for Entry of Judgment under Rule 54(b) filed by Century Indemnity
06/28/2011 06/28/2011
734 735
06/28/2011
736
06/28/2011 06/28/2011
737 738
06/29/2011
739
06/29/2011
740
07/05/2011
741
07/08/2011
742
07/12/2011 07/12/2011
743 744
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Document: 00116247067
Page: 109
Entry ID: 5573079
Company. (Attachments: # 1 Exhibit A)(Chaffin, David) (Entered: 07/12/2011) 07/13/2011 745 REPLY to Response to 742 MOTION for Entry of Judgment under Rule 54(b) filed by Boston Gas Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Elkind, David) (Entered: 07/13/2011) Motion (Stipulated) For Entry Of A Rule 54(b) Judgment by Century Indemnity Company. (Chaffin, David) (Additional attachment(s) added on 7/18/2011: # 1 Text of Proposed Order) (Anderson, Jennifer). (Main Document 746 replaced on 7/18/2011) (Anderson, Jennifer). Modified event on 7/18/2011 (Anderson, Jennifer). (Entered: 07/15/2011) Judge Patti B. Saris: ORDER entered FINDING AS MOOT 742 Motion for Entry of Judgment under Rule 54(b). "This is MOOT as a result of the Parties' Stipulation." (Anderson, Jennifer) (Entered: 07/20/2011) Judge Patti B. Saris: ELECTRONIC ORDER entered acknowledging 746 Stipulation/Motion for Entry of Judgment under Rule 54(b). (Anderson, Jennifer) (Entered: 07/20/2011) 748 108 Judge Patti B. Saris: JUDGMENT entered. (Anderson, Jennifer) (Entered: 07/20/2011) ELECTRONIC NOTICE Canceling Hearing on 7/26/2011. (Anderson, Jennifer) (Entered: 07/20/2011) ELECTRONIC NOTICE Canceling Hearing on 8/1/2011. (Anderson, Jennifer) (Entered: 07/28/2011) 749 110 NOTICE OF APPEAL as to 748 Judgment by Boston Gas Company Filing fee: $ 455, receipt number 01013539084 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 8/31/2011. (Elkind, David) (Entered: 08/11/2011)
07/15/2011
746
07/19/2011
747
07/19/2011
07/19/2011 07/20/2011 07/28/2011 08/11/2011
107
Case: 11-1931 Case 1:02-cv-12062-PBS Document 748 Date Filed: 08/17/20111 of Entry ID: 5573079 Document: 00116247067 Page: 110 Filed 07/19/11 Page 2
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BOSTON GAS COMPANY v. CENTURY INDEMNITY COMPANY Appeals Records

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BOSTON GAS COMPANY v. CENTURY INDEMNITY COMPANY Appeals Records

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Case: 11-1931

Entry ID: 5573079

Boston Gas Company v. Century Indemnity Company Page 1 _________________________________________________________________

District Court Number: 02-cv-12062 _________________________________________________________________

Motions Pending If yes, document # Ex parte documents If yes, document #

Yes ____ No ____ _______________ Yes ____ No ____ _______________

Sealed documents If yes, document # Transcripts If yes, document #

Notice of Appeal filed by: Plaintiff/Petitioner ____ Appeal from:

Defendant/Respondent ____ Other: ____

/s/ Jeanette Ramos ____________________________ Deputy Clerk

COURT OF APPEALS DOCKET NUMBER ASSIGNED:

PLEASE RETURN TO THE USDC CLERKS OFFICE

Entry ID: 5573079

Boston Gas Company v. Century Indemnity Company Page 2 _________________________________________________________________

District Court Number: 02-cv-12062 _________________________________________________________________

Motions Pending If yes, document # Ex parte documents If yes, document #

Yes ____ No ____ _______________ Yes ____ No ____ _______________

Sealed documents If yes, document # Transcripts If yes, document #

Notice of Appeal filed by: Plaintiff/Petitioner ____ Appeal from:

Defendant/Respondent ____ Other: ____

Judgment Trans. 549, 552, 558, 605, 623

/s/ Jeanette Ramos ____________________________ Deputy Clerk

COURT OF APPEALS DOCKET NUMBER ASSIGNED:

PLEASE RETURN TO THE USDC CLERKS OFFICE

Date Filed: 08/17/2011

Entry ID: 5573079

APPEAL, ASBCS, REMAND

Date Filed: 08/17/2011

Entry ID: 5573079

Date Filed: 08/17/2011

Entry ID: 5573079

Date Filed: 08/17/2011

Entry ID: 5573079

Date Filed: 08/17/2011

Entry ID: 5573079

Date Filed: 08/17/2011

Entry ID: 5573079

Date Filed: 08/17/2011

Entry ID: 5573079

Date Filed: 08/17/2011

Entry ID: 5573079

Certain London Market Insurance Companies TERMINATED: 09/02/2010

ThirdParty Plaintiff Century Indemnity Company

Date Filed: 08/17/2011

Entry ID: 5573079

V. Counter Defendant Century Indemnity Company

Date Filed 10/22/2002

Date Filed: 08/17/2011

Entry ID: 5573079

12/31/2002 12/31/2002 01/02/2003

Date Filed: 08/17/2011

Entry ID: 5573079

Date Filed: 08/17/2011

Entry ID: 5573079

Date Filed: 08/17/2011

Entry ID: 5573079

Date Filed: 08/17/2011

Entry ID: 5573079

Date Filed: 08/17/2011

Entry ID: 5573079

Date Filed: 08/17/2011

Entry ID: 5573079

Date Filed: 08/17/2011

Yes No _ Yes No _____

Defendant/Respondent Other:

Yes No _ Yes No _____

Defendant/Respondent Other: