Pacific Indemnity Company v. Pickens Kane Moving & Storage Company et al

2:2008-cv-00466 (azd)

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Description
1
03/10/2008
COMPLAINT. Filing fee received: $ 350.00, receipt number 09700000000001786090, filed by Pacific Indemnity Company.
1
Civil Cover Sheet
2
Summons Defendant Pickens Kane Moving & Storage Company
3
Summons Defendant Atlas Van Lines, Inc.
4
Summons DOES 1-50
4 Attachments
03/10/2008
This case has been assigned to the Honorable Mark E. Aspey. All future pleadings or documents should bear the correct case number: CIV 08-466-PHX-MEA. (Entered by CMH,) (Text entry; no document attached.)
2
03/10/2008
Magistrate Election Form Deadline
1
Magistrate Judge Election Form
1 Attachment
3
03/11/2008
Summons Issued as to Pickens Kane Moving & Storage Company, Atlas Van Lines, Inc. *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print.
1
Atlas Van Lines, Inc.
1 Attachment
4
03/11/2008
ORDER that Pla Pacific Indemnity Company shall execute and file within 20 days its written election to either consent to the exercise of jurisdiction over this matter by a magistrate judge or a written election to have this case reassigned to a US district judge. Signed by Magistrate Judge Mark E Aspey on 3/11/2008.
5
03/25/2008
Notice re Service by Pacific Indemnity Company of Consent to Exercise of Jurisdiction by United States Magistrate Judge
6
03/25/2008
RETURN OF SERVICE of Summons and Complaint served on Atlas Van Lines, Inc. on 3/18/2008, filed by Pacific Indemnity Company.
7
03/25/2008
RETURN OF SERVICE of Summons and Complaint served on Pickens Kane Moving & Storage on 3/18/2008, filed by Pacific Indemnity Company.
8
03/27/2008
Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. EXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED.
9
04/01/2008
NOTICE of Appearance by Julie E Maurer on behalf of Atlas Van Lines, Inc
10
04/01/2008
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re 1 Complaint, by Atlas Van Lines, Inc.
1
Text of Proposed Order
1 Attachment
11
04/07/2008
Pickens Kane Moving & Storage Company's Separate ANSWER to 1 Complaint, with Jury Demand, CROSSCLAIM against Atlas Van Lines, Inc by Pickens Kane Moving & Storage Company.
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
12
04/07/2008
DEMAND for Trial by Jury by Pickens Kane Moving & Storage Company.
13
04/08/2008
ORDER that Defendant Pickens Kane Moving & Storage Company and Defendant Atlas Van Lines, Inc., shall each execute and file within 20 days of the entry of this order their written election to either consent to the exercise of jurisdiction over this matter by a magistrate judge or a written election to have this case reassigned to a United States district judge. Signed by Magistrate Judge Mark E Aspey on 04/08/08.
14
04/08/2008
Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. TEXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED.
15
04/14/2008
Separate ANSWER to 1 Complaint, and, CROSSCLAIM of Defendant Atlas Van Lines, Inc. against Pickens Kane Moving & Storage Company by Atlas Van Lines, Inc.
16
04/11/2008
Party Elects Assignment of Case to District Judge Jurisdiction. TEXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED.
17
04/15/2008
Minute Order Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Frederick J. Martone. All further pleadings/papers should now list the following COMPLETE case number: CV 08-466-PHX-FJM.
18
04/15/2008
MOTION for Admission Pro Hac Vice as to attorney John T Schriver pn behalf of Pickens Kane Moving & Storage Company.
04/15/2008
PRO HAC VICE FEE PAID. $ 100, receipt number PHX070068 as to John T Schriver. (Text entry; no document attached.)
19
04/15/2008
ORDER pursuant to General Order 05-25 granting 18 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
20
04/16/2008
ORDER Scheduling Conference set for 6/27/2008 02:00 PM before Judge Frederick J Martone. Signed by Judge Frederick J Martone on 4/15/08.
21
04/22/2008
ANSWER to 15 Answer to Complaint, Crossclaim by Pickens Kane Moving & Storage Company.
1
Exhibit A and B
1 Attachment
22
04/23/2008
Atlas Van Lines' ANSWER to 11 Answer to Complaint, Crossclaim, of Pickens Kane Moving & Storage Company by Atlas Van Lines, Inc.
23
06/20/2008
REPORT re: Rule 26(f) Planning Meeting by Pacific Indemnity Company.
1
Text of Proposed Order Proposed Rule 16 Scheduling Order
1 Attachment
24
06/23/2008
Notice re Service of Plaintiff's Initial Disclosure Statement by Pacific Indemnity Company
25
06/23/2008
Notice re Service of Disclosure Statement by Pickens Kane Moving & Storage Company
26
06/26/2008
Notice re Service of Defendant's Initial 26.1 to Rule 26(a) Disclosure Statement by Atlas Van Lines, Inc
27
06/27/2008
Minute Entry for proceedings held before Judge Frederick J Martone. APPEARANCES: Kevin Bush for Plaintiff (by telephone); F. Michael Carroll for Defendant Pickens; and Julie Maurer and Jeffrey Simmons for Defendant Atlas.Scheduling Conference held on 6/27/2008. Case management plan is as stated on the record. Rule 16 Scheduling Order to follow. (Court Reporter Linda Schroeder.)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
28
06/27/2008
SCHEDULING ORDER: Discovery due by 3/30/2009. Dispositive motions due by 5/15/2009. Proposed Pretrial Order due by 9/25/2009. Final Pretrial Conference set for 10/2/2009 at 3:00 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Frederick J Martone. Jury Trial set for 10/14/2009 at 9:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Frederick J Martone. Signed by Judge Frederick J Martone on 6/27/2008.
29
07/09/2008
Notice re Service of Discovery Documents to Defendant Atlas by Pickens Kane Moving & Storage Company
30
07/09/2008
Notice re Service of Discovery Documents to Plaintiff by Pickens Kane Moving & Storage Company
31
08/08/2008
Notice re Notice of Service of Defendants' First Supplemental Rule 26.(a)(1) Disclosure Statement by Pickens Kane Moving & Storage Company
32
08/19/2008
Notice re Service of Amended First Supplemental Disclosure Statement by Pickens Kane Moving & Storage Company
33
08/26/2008
Notice re Service of Notices of Deposition by Pacific Indemnity Company
34
08/27/2008
Notice re Service of Plaintiff's Responses to Defendant Pickens Kane's Requests for Production and Non-Uniform Interrogatories by Pacific Indemnity Company
35
08/28/2008
Notice re Service by Atlas Van Lines, Inc
36
09/05/2008
STIPULATION to Extend Time by Pacific Indemnity Company, Pickens Kane Moving & Storage Company, Atlas Van Lines, Inc.
37
09/05/2008
STIPULATION to Extend Time by Pacific Indemnity Company, Pickens Kane Moving & Storage Company, Atlas Van Lines, Inc.
1
Text of Proposed Order
1 Attachment
38
09/10/2008
ORDER denying 37 Stipulation to Extend Time to Amend Pleadings and Join Additional Parties. Signed by Judge Frederick J Martone on 09/10/08.
39
09/11/2008
First MOTION to Amend/Correct Complaint by Pacific Indemnity Company. ATTORNEY NOTICED.
1
Exhibit Redlined [Proposed] First Amended Complaint
2
Affidavit Declaration of Kevin D. Bush in Support of Plaintiff's Motion for Leave to File First Amended Complaint
3
https://ecf.azd.uscourts.gov/doc1/02513408250" onClick="goDLS{{'/doc1/02513408250','374027','118','','2','1','',''}};">3</a> Text of Proposed Order Proposed Order Granting Plaintiff's Motion for Leave to File First Amended Complaint) Modified on <a href="javascript:void(0);" class="future-datetime" date="09/12/2020" time="">9/12/20</a>08. DOCUMENT NOT IN COMPLIANCE WITH LRCiv 7.1(c)
3 Attachments
40
09/11/2008
Notice re Service of Plaintiff's Motion for Leave to File First Amended Complaint; Memorandum of Points and Authorities; Proposed First Amended Complaint; Declaration of Kevin D. Bush; and Proposed Order Granting Plaintiff's Motion for Leave to File First Amended Complaint by Pacific Indemnity Company re 39 First MOTION to Amend/Correct Complaint
41
09/11/2008
Notice re Motion and Motion for Leave to File First Amended Complaint by Pacific Indemnity Company re 39 First MOTION to Amend/Correct Complaint, 40 Other Notice
42
09/11/2008
LODGED Proposed Plaintiff's First Amended Complaint re: 39 First MOTION to Amend/Correct Complaint. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Pacific Indemnity Company.
43
09/15/2008
MOTION for Leave to File First Amended Answer & Cross Claim by Pickens Kane Moving & Storage Company. Modified on 9/16/2008. INCORRECT EVENT TYPE SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM MOTION TO APPROVE CONSENT JUDGMENT TO MOTION FOR LEAVE TO FILE.
1
Exhibit Redline--First Amended Answer and Cross Claim
2
Text of Proposed Order Proposed Order Granting Leave to File Amended Answer and Cross Claim
2 Attachments
44
09/15/2008
LODGED Proposed First Amended Answer & Cross Claim re: 43 MOTION to Approve Consent Judgment MOTION for Leave to File First Amended Answer & Cross Claim. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Pickens Kane Moving & Storage Company.
1
First Amended Answer & Cross Claim
1 Attachment
45
09/17/2008
LODGED Proposed Attachments to First Amended Answer & Cross Claim re: 43 MOTION for Leave to File MOTION for Leave to File First Amended Answer & Cross Claim. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Pickens Kane Moving & Storage Company.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
4 Attachments
46
09/17/2008
ERRATA re 43 MOTION for Leave to File MOTION for Leave to File First Amended Answer & Cross Claim by Cross Claimant Pickens Kane Moving & Storage Company, Cross Defendant Pickens Kane Moving & Storage Company, Defendant Pickens Kane Moving & Storage Company.
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Exhibit A to 1st Amended Answer & Cross Claim
2
Errata B to 1st Amended Answer & Cross Claim
3
Exhibit C to 1st Amended Answer & Cross Claim
4
Exhibit D to to 1st Amended Answer & Cross Claim
4 Attachments
47
09/19/2008
Notice re Service of Plaintiff, Pacific Indemnity Company's First Supplemental Disclosure Statement by Pacific Indemnity Company
48
09/23/2008
Notice re Discovery Responses to Atlas Van Lines by Pickens Kane Moving & Storage Company
49
10/02/2008
Notice re Non-Opposition to Pickens Kane's Motion for Leave to File First Amended Answer and Cross Claim by Atlas Van Lines, Inc
50
10/02/2008
ORDER granting Pla's 39 Motion to file its First Amended Complaint. However, counsel for Pla should correct the caption page to show the United States District Court and not the Superior Court. Counsel should also remove all Doe dfts. See LRCiv 15.1(c). Signed by Judge Frederick J Martone on 10/01/08.
51
10/03/2008
Notice re Service of Notice of Deposition by Pickens Kane Moving & Storage Company
52
10/09/2008
ORDER granting 43 Defendant Pickens' Motion for Leave to File First Amended Answer and Cross Claim. Signed by Judge Frederick J Martone on 10/8/08.
53
10/09/2008
FIRST AMENDED ANSWER re 11 Answer to Complaint, Crossclaim, 1 Complaint, CROSSCLAIM against Atlas Van Lines, Inc by Pickens Kane Moving & Storage Company.
1
attachment
2
attachment
3
attachment
4
https://ecf.azd.uscourts.gov/doc1/02513501108" onClick="goDLS{{'/doc1/02513501108','374027','160','','2','1','',''}};">4</a> attachment)
4 Attachments
54
10/09/2008
NOTICE of Deposition of David Hillerman, filed by Pickens Kane Moving & Storage Company(a corporation).
55
10/09/2008
AMENDED ANSWER to Pacific Indemnity's First Amended Complaint 15 Answer to Complaint, Crossclaim, First CROSSCLAIM of Pickens Kane against Atlas Van Lines, Inc(a corporation) by Pickens Kane Moving & Storage Company(a corporation).
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
4 Attachments
56
10/09/2008
AMENDED COMPLAINT against all defendants, filed by Pacific Indemnity Company.
57
10/09/2008
Notice re Service of Plaintiff's First Amended Complaint by Pacific Indemnity Company re 56 Amended Complaint
58
10/14/2008
Notice re Service by Atlas Van Lines, Inc(a corporation)
59
10/20/2008
CERTIFICATE OF SERVICE by Pickens Kane Moving & Storage Company(a corporation) of Subpoena on Jim Gleason
1
Exhibit Proof of Service
1 Attachment
60
10/20/2008
CERTIFICATE OF SERVICE by Pickens Kane Moving & Storage Company(a corporation) of Subpoena on TCI Consultants
1
Exhibit
1 Attachment
61
10/20/2008
AMENDED ANSWER to Plaintiffs First 56 Amended Complaint and, CROSSCLAIM against Atlas Van Lines, Inc(a corporation) by Pickens Kane Moving & Storage Company(a corporation).
1
Exhibit
2
Exhibit B
3
Exhibit C
4
Exhibit D
4 Attachments
62
10/27/2008
Atlas Van Lines, Inc.'s ANSWER to 61 Amended Answer to Complaint, Crossclaim, of Pickens Kane Moving & Storage Company by Atlas Van Lines, Inc(a corporation).
63
10/27/2008
Atlas Van Line Inc.'s ANSWER to 56 Amended Complaint by Atlas Van Lines, Inc(a corporation).
64
10/31/2008
Notice re Service of Plaintiff's Initial Expert Witness Disclosure by Pacific Indemnity Company
65
11/05/2008
NOTICE of Deposition of Bob Simons, filed by Atlas Van Lines, Inc(a corporation).
66
12/15/2008
Notice re of Service by Pickens Kane Moving & Storage Company(a corporation) 2nd Supplemental Disclosure Statement
67
12/30/2008
Notice re Service of Atlas Van Lines, Inc.'s First Supplemental 26(a) Disclosure Statement by Atlas Van Lines, Inc(a corporation)
68
01/06/2009
Notice re Service of Defendant Atlas' Second Supplemental 26(a)(2) Disclosure Statement by Atlas Van Lines, Inc(a corporation)
69
01/27/2009
NOTICE TO PARTY OF DEFICIENCY RE CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 15 days. Corporate Disclosure Statement Deadline set for 2/11/2009 as to Pacific Indemnity Company, Pickens Kane Moving & Storage Company, and Atlas Van Lines, Inc.
70
01/29/2009
Corporate Disclosure Statement by Pickens Kane Moving & Storage Company(a corporation).
71
01/29/2009
Corporate Disclosure Statement by Atlas Van Lines, Inc(a corporation).
72
01/30/2009
Corporate Disclosure Statement by Pacific Indemnity Company.
73
01/30/2009
Notice re Service of Plaintiff's Second Supplemental Disclosure Statement by Pacific Indemnity Company
74
02/06/2009
Corporate Disclosure Statement by Pacific Indemnity Company.
75
02/06/2009
Notice re Service of Amended Second Supplemental Disclosure Statement by Pacific Indemnity Company
76
02/13/2009
NOTICE of Deposition of Murray Manaster, filed by Pickens Kane Moving & Storage Company.
77
02/13/2009
NOTICE of Deposition of Ina Manaster, filed by Pickens Kane Moving & Storage Company.
78
02/13/2009
Notice re Service by Pacific Indemnity Company
79
02/16/2009
Notice re 3rd Supplemental (Expert) Disclosure Statement by Pickens Kane Moving & Storage Company
80
02/19/2009
Notice re Service of Notices of Deposition, Non-Uniform Interrogatories, and Requests for Admission by Pacific Indemnity Company
81
02/20/2009
NOTICE of Deposition of Sharon Theobold, filed by Pickens Kane Moving & Storage Company.
82
02/24/2009
NOTICE of Deposition of Colin O'Reilly, filed by Pickens Kane Moving & Storage Company.
83
02/24/2009
NOTICE of Deposition of Gary Piattoni, filed by Pickens Kane Moving & Storage Company.
84
03/04/2009
Notice re Service of Defendant Atlas' Third Supplemental 26(a)(2) Disclosure Statement by Atlas Van Lines, Inc
85
03/05/2009
Notice re Service of 4th Supplemental Disclosure Statement by Pickens Kane Moving & Storage Company
86
03/13/2009
NOTICE of Deposition of Roger Grady, filed by Pickens Kane Moving & Storage Company.
87
03/13/2009
Notice re Service by Pickens Kane Moving & Storage Company Amended 4th Supplemental Disclosure Statement
88
03/13/2009
Notice re of Service of Discovery Documents by Pickens Kane Moving & Storage Company
89
03/16/2009
Notice re of Service of 5th Supplemental Disclosure Statement by Pickens Kane Moving & Storage Company
90
03/16/2009
NOTICE of Deposition of Patrick Andler, filed by Pickens Kane Moving & Storage Company.
91
03/17/2009
AMENDED DOCUMENT re 90 NOTICE of Deposition of Pat Andler, filed by Pickens Kane Moving & Storage Company. Modified on 3/18/2009 (TLJ). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM NOTICE TO AMENDED DOCUMENT.
92
03/17/2009
AMENDED DOCUMENT re 86 NOTICE of Deposition of Roger Grady, filed by Pickens Kane Moving & Storage Company. Modified on 3/18/2009 (TLJ). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM NOTICE TO AMENDED DOCUMENT.
93
03/19/2009
Notice re Service by Atlas Van Lines, Inc
94
03/24/2009
Notice re Service of 6th Supplemental Disclosure Statement by Pickens Kane Moving & Storage Company
95
03/24/2009
Minute Entry for proceedings held before Judge Frederick J Martone: Telephone Conference held on 3/24/2009. Appearances by telephone: Kevin Bush for Plaintiff; and John Schriver, Michael Carroll, Steve Lippman, and Jeffrey Simmons for Defendants. Discussion held. For the reasons stated on the record, ORDERED amending the Rule 16 Scheduling Order to extend the discovery deadline from 3/30/2009 to 4/30/2009. (Court Reporter Linda Schroeder.)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
96
03/26/2009
Notice re Service of 7th Supplemental Disclosure Statement by Pickens Kane Moving & Storage Company
97
03/27/2009
Notice re Service by Atlas Van Lines, Inc
98
04/08/2009
Notice re Service by Atlas Van Lines, Inc
99
04/17/2009
MOTION for Leave to File Multiple Motions for Summary Judgment by Pickens Kane Moving & Storage Company.
100
04/17/2009
MOTION for Leave to File Multiple Motions for Summary Judgment by Pickens Kane Moving & Storage Company.
1
Text of Proposed Order
1 Attachment
101
04/20/2009
Notice re Atlas' Notice of Non Opposition to Pickens Kane's Motion for Leave of Court to File One Summary Judgment Against Plaintiff and a Separate Summary Judgment Against Cross-Defendant by Atlas Van Lines, Inc
102
04/21/2009
NOTICE of Deposition of Thomas Szalga, filed by Pickens Kane Moving & Storage Company.
103
04/21/2009
NOTICE of Deposition of Sharon Theobold, filed by Pickens Kane Moving & Storage Company.
104
04/22/2009
Notice re Service of Discovery Documents by Pickens Kane Moving & Storage Company
105
04/24/2009
MOTION to Expedite Ruling on Motion for Leave of Court to File One Summary Judgment Motion Against Plaintiff and a Separate Summary Judgment Motion Against Cross-Defendant Atlas Van Lines, Inc. by Pickens Kane Moving & Storage Company.
106
05/01/2009
MOTION for Summary Judgment Against Pickens Kane and Atlas Van Lines and Supporting Memorandum of Points and Authorities by Pacific Indemnity Company.
1
Affidavit Affidavit of Kevin D. Bush
2
Exhibit List
3
Separate Statement of Facts
4
Exhibit A
5
Exhibit B
6
Exhibit C
7
Exhibit D
8
Exhibit E
9
Exhibit F
10
Exhibit G
11
Exhibit H
12
Exhibit I
13
Exhibit J
14
Exhibit K
15
Exhibit L
16
Exhibit M
17
Exhibit N
18
Exhibit O
18 Attachments
107
05/01/2009
Notice re Service of Plaintiff's Third Supplemental Disclosure Statement by Pacific Indemnity Company
108
05/04/2009
ORDER - Upon 100 Motion for Leave to File, IT IS HEREBY ORDERED that Dft/Cross Claimant Pickens Kane Moving & Storage Company is granted leave to file one summary jgm motion against Pla Pacific Indemnity Company and a separate summary jgm motion against Cross-Dft Atlas Van Lines, Inc. All motions, responses, and replies shall comply with the page limits imposed by LRCiv 7.2(e). Signed by Judge Frederick J Martone on 5/1/09.
109
05/08/2009
MOTION for Summary Judgment by Pickens Kane Moving & Storage Company.
110
05/08/2009
STATEMENT of Facts in support of Motion for Summary Judgment re 109 MOTION for Summary Judgment by Cross Claimant Pickens Kane Moving & Storage Company, Cross Defendant Pickens Kane Moving & Storage Company, Defendant Pickens Kane Moving & Storage Company.
111
05/08/2009
Additional Attachments to Main Document, re: 109 Motion for Summary Judgment and 110 Statement of Facts by Pickens Kane Moving & Storage Company. ; LINKAGE ADDED.
1
Exhibits 1-3
2
EXHIBITS 4-5
3
EXHIBITS 6-7
4
EXHIBITS 8-16
5
EXHIBITS 17-18) Modified on <a href="javascript:void(0);" class="future-datetime" date="05/11/2020" time="">5/11/20</a>09 INCORRECT DOCUMENT EVENT SELECTED; THIS ENTRY HAS BEEN MODIFIED FROM (Exhibit List) TO (Additional Attachments
5 Attachments
112
05/11/2009
Additional Attachments to Main Document Exhibit 16, re 111 Exhibits to 109 Motion for Summary Judgment and 110 Statement of Facts, by Cross Claimant Pickens Kane Moving & Storage Company, Cross Defendant Pickens Kane Moving & Storage Company, Defendant Pickens Kane Moving & Storage Company. Modified on 5/11/2009 DOCUMENT LINKED INCORRECTLY; LINKAGE ADDED; TEXT MODIFIED ACCORDINGLY.
113
05/12/2009
MOTION for Summary Judgment against Pacific Indemnity by Pickens Kane Moving & Storage Company.
114
05/12/2009
STATEMENT of of Facts in support of Motion for Summary Judgment re 113 MOTION for Summary Judgment against Pacific Indemnity by Cross Claimant Pickens Kane Moving & Storage Company, Cross Defendant Pickens Kane Moving & Storage Company, Defendant Pickens Kane Moving & Storage Company.
115
05/12/2009
Additonal Attachments: Exhibits to 114 Statement of Facts, re: 113 Motion for Summary Judgment by Pickens Kane Moving & Storage Company. ; LINKAGE ADDED.
1
Exhibit 1
2
Exhibit 2
3
Exhibits 3-5) Modified on <a href="javascript:void(0);" class="future-datetime" date="05/12/2020" time="">5/12/20</a>09 INCORRECT DOCUMENT EVENT SELECTED; THIS ENTRY HAS BEEN MODIFIED FROM (Exhibit List) TO (Additional Attachments
3 Attachments
116
05/15/2009
MOTION for Partial Summary Judgment Against Plaintiff Pacific Indemnity and Defendant Pickens Kane by Atlas Van Lines, Inc.
117
05/15/2009
STATEMENT of Facts in Support of Motion for Partial Summary Judgment Against Plaintiff Pacific Indemnity and Defendant Pickens Kane re 116 MOTION for Partial Summary Judgment Against Plaintiff Pacific Indemnity and Defendant Pickens Kane by Cross Defendant Atlas Van Lines, Inc, Cross Claimant Atlas Van Lines, Inc, Defendant Atlas Van Lines, Inc.
1
Exhibit Exhibits A through E
2
Exhibit Exhibits F through J
3
Exhibit Exhibits K through Q
3 Attachments
118
06/03/2009
RESPONSE to Motion re 106 MOTION for Summary Judgment Against Pickens Kane and Atlas Van Lines and Supporting Memorandum of Points and Authorities filed by Atlas Van Lines, Inc.
119
06/03/2009
STATEMENT of Material Facts In Response to Plaintiff's Motion for Summary Judgment re 118 Response to Motion by Cross Defendant Atlas Van Lines, Inc, Cross Claimant Atlas Van Lines, Inc, Defendant Atlas Van Lines, Inc.
1
Exhibit A-E
2
Exhibit F-I
3
Exhibit J-Q
3 Attachments
120
06/04/2009
RESPONSE in Opposition re 106 MOTION for Summary Judgment Against Pickens Kane and Atlas Van Lines and Supporting Memorandum of Points and Authorities filed by Pickens Kane Moving & Storage Company.
121
06/04/2009
RESPONSE in Opposition re 109 MOTION for Summary Judgment Against Atlas Van Lines filed by Atlas Van Lines, Inc.
122
06/04/2009
STATEMENT of Material Facts In Opposition to Pickens Kane's Motion for Summary Judgment Against Atlas Van Lines, Inc. re 121 Response in Opposition to Motion by Cross Defendant Atlas Van Lines, Inc, Cross Claimant Atlas Van Lines, Inc, Defendant Atlas Van Lines, Inc.
1
Exhibit A through E
2
Exhibit F through I
3
Exhibit Exhibits J through S
3 Attachments
123
06/10/2009
RESPONSE in Opposition re 116 MOTION for Partial Summary Judgment Against Plaintiff Pacific Indemnity and Defendant Pickens Kane filed by Pacific Indemnity Company.
124
06/10/2009
STATEMENT of Plaintiff Pacific Indemnity Company's Opposition to Atlas Van Lines' Motion for Partial Summary Judgment Against Pacific Indemnity re 117 Statement, by Plaintiff Pacific Indemnity Company.
125
06/10/2009
Exhibit List by Pacific Indemnity in Support of its Opposition to Atlas Van Lines' Motion for Partial Summary Judgment Against Pacific Indemnity by Pacific Indemnity Company.
1
Exhibit Exhibit R
2
Exhibit Exhibit S
3
Exhibit Exhibit T
4
Exhibit Exhibit U
5
Exhibit V
5 Attachments
126
06/11/2009
RESPONSE in Opposition re 113 MOTION for Summary Judgment against Pacific Indemnity filed by Pacific Indemnity Company.
127
06/11/2009
STATEMENT of Plaintiff Pacific Indemnity Company's Response to Pickens Kane's Statement of Separate Facts and Plaintiff's Statement of Additional Undisputed Facts in Support of Plaintiff's Opposition to Pickens Kane's Motion for Summary Judgment on Counts II and III of Pacific Indemnity's First Amended Complaint re 114 Statement, by Plaintiff Pacific Indemnity Company.
128
06/11/2009
Exhibit List by Pacific Indemnity Company in Support of Opposition to Pickens Kane's Motion for Partial Summary Judgment by Pacific Indemnity Company.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
4 Attachments
129
06/12/2009
REPLY to Response to Motion re 106 MOTION for Summary Judgment Against Pickens Kane and Atlas Van Lines and Supporting Memorandum of Points and Authorities (Pacific Indemnity Company's Reply to Atlas Van Lines, Inc.'s Response to Plaintiff's Motion for Summary Judgment) filed by Pacific Indemnity Company.
130
06/12/2009
STATEMENT of Plaintiff Pacific Indemnity in Response to Atlas Van Lines' Statement of Separate Facts in Response to Plaintiff's Motion for Summary Judgment and Plaintiff's Statement of Additional Undisputed Facts in Support of Plaintiff's Reply to Atlas Van Lines' Response to Plaintiff's Motion for Summary Judgment re 119 Statement, by Plaintiff Pacific Indemnity Company.
131
06/12/2009
Exhibit List in Support of Response to Atlas Van Lines' Response to Pacific Indemnity's Motion for Summary Judgment by Pacific Indemnity Company.
1
Exhibit R
2
Exhibit S
3
Exhibit T
4
Exhibit U
5
Exhibit V
5 Attachments
132
06/15/2009
REPLY to Response to Motion re 106 MOTION for Summary Judgment Against Pickens Kane and Atlas Van Lines and Supporting Memorandum of Points and Authorities -- Reply to Pickens Kane's Response to Motion for Summary Judgment filed by Pacific Indemnity Company.
133
06/17/2009
RESPONSE to Motion re 116 MOTION for Partial Summary Judgment Against Plaintiff Pacific Indemnity and Defendant Pickens Kane filed by Pickens Kane Moving & Storage Company.
134
06/25/2009
REPLY in Support re 116 MOTION for Partial Summary Judgment Against Plaintiff Pacific Indemnity and Defendant Pickens Kane (Reply to Pacific Indemnity Only) filed by Atlas Van Lines, Inc.
135
06/25/2009
STATEMENT of Atlas Van Lines, Inc.'s Supplemental Statement of Facts In Support of Its Motion for Partial Summary Judgment Against Pacific Indemnity re 134 Reply in Support of Motion by Cross Defendant Atlas Van Lines, Inc, Cross Claimant Atlas Van Lines, Inc, Defendant Atlas Van Lines, Inc.
1
Exhibit 1-3
1 Attachment
136
06/29/2009
REPLY in Support re 109 MOTION for Summary Judgment Against Atlas Van Lines filed by Pickens Kane Moving & Storage Company.
1
Exhibit Exhibit A - Amendment No. 4 Release Rates Decision No. MC-999
2
Exhibit Exhibit B - STB Ex Parte No. 662
3
Exhibit Exhibit C - Amendment No. 5
4
Exhibit Exhibit D - Atlas Bill of Lading
4 Attachments
137
07/01/2009
REPLY in Support re 113 MOTION for Summary Judgment against Pacific Indemnity filed by Pickens Kane Moving & Storage Company.
138
07/02/2009
REPLY in Support re 116 MOTION for Partial Summary Judgment Against Plaintiff Pacific Indemnity and Defendant Pickens Kane as to Pickens Kane Moving & Storage Company Only filed by Atlas Van Lines, Inc.
139
09/09/2009
ORDER; granting Pacific Indemnity's 106 Motion for Summary Judgment on Count I against Pickens Kane and Atlas with respect to liability under 49 U.S.C. § 14706(a)(1), we conclude that Pickens Kane is liable to Pacific Indemnity in the amount of $1 million; granting Pickens Kane's 113 Motion for Summary Judgment on Counts II and III of the first amended complaint; granting in part and denying in part Pickens Kane's 109 Motion for Summary Judgment against Atlas Van Lines, and concluding that Atlas is liable to Pickens Kane under 49 U.S.C. § 14706(b) in the amount of $5.00 per pound of the shipment, an issue of fact remains as to the total weight of the shipment; granting in part and denying in part Atlas Van Lines' 116 Motion for Partial Summary Judgment against Pacific Indemnity and Pickens Kane, Atlas is liable to Pickens Kane in the amount of $5.00 per pound, but an issue of fact remain as to the total weight of the shipment; denying as moot Pickens Kane's 105 Motion to expedite ruling on motion for leave to file separate summary judgment motions. Signed by Judge Frederick J Martone on 9/8/09.
140
09/16/2009
Minute Order. Due to a conflict on the Court's calendar, the Court ORDERS resetting the Final Pretrial Conference from 10/2/2009 at 3:00 PM to Tuesday, 10/6/2009 at 3:00 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Frederick J Martone. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
141
09/21/2009
MOTION for Judgment Entry of Final Judgment Pursuant to Federal Rule of Civil Procedure 54(B) by Pacific Indemnity Company.
1
Exhibit Proposed Judgment
1 Attachment
142
09/22/2009
MOTION for Reconsideration re Summary Judgment, MOTION for New Trial by Pickens Kane Moving & Storage Company.
143
09/22/2009
STATEMENT of Plaintiff Pacific Indemnity Company's Statement of Costs by Plaintiff Pacific Indemnity Company.
1
Exhibit Exhibits to Plaintiff's Statement of Costs
1 Attachment
144
09/23/2009
MOTION for Reconsideration and Joinder in Pickens Kane's Motion to Reconsider and for New Trial by Pacific Indemnity Company.
145
09/28/2009
ORDER Dfts are ordered to file a response to Pacific Indemnity's motion for reconsideration on the issue of whether our order should be amended to include that Atlas is directly liable to Pacific Indemnity in the amount of $5 per pound of the shipment. The responses shall be due no later than 10/02/09, and limited to no more than four pages each. Signed by Judge Frederick J. Martone on 09/25/09.
146
09/28/2009
ORDER denying Pacific Indemnity's 141 Motion for Entry of Rule 54(b) Judgment. Signed by Judge Frederick J Martone on 09/25/09.
147
09/29/2009
Notice re Lodging Joint Proposed Pretrial Order by Atlas Van Lines, Inc
1
Text of Proposed Order
1 Attachment
148
10/02/2009
RESPONSE to Motion re 144 MOTION for Reconsideration and Joinder in Pickens Kane's Motion to Reconsider and for New Trial filed by Atlas Van Lines, Inc.
149
10/02/2009
RESPONSE in Opposition re 142 MOTION for Reconsideration re Summary Judgment MOTION for New Trial filed by Atlas Van Lines, Inc.
1
Exhibit A
1 Attachment
150
10/02/2009
RESPONSE to Motion re 144 MOTION for Reconsideration and Joinder in Pickens Kane's Motion to Reconsider and for New Trial filed by Pickens Kane Moving & Storage Company.
151
10/05/2009
ORDER denying Pickens Kane's 142 Motion for Reconsideration and for New Trial; granting in part and denying in part Pacific Indemnity's 144 Motion for Reconsideration. Signed by Judge Frederick J Martone on 10/5/09.
152
10/06/2009
Minute Entry for proceedings held on 10/6/2009 before Judge Frederick J Martone. This is the time set for Final Pretrial Conference. Appearances by telephone: Kevin Bush for Plaintiff; and John Schriver & Steven Lippman for Defendant Pickens Kane. Appearances in person: Jeffrey Simmons & Julie Maurer for Defendant Atlas Van Lines. The claims of all parties having been resolved, IT IS ORDERED vacating the Jury Trial set 10/14/2009 at 9:00 AM before Judge Martone. The parties shall submit a stipulated form of judgment and any motions for attorneys fees as set forth on the record. (Court Reporter Linda Schroeder.)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
153
10/14/2009
LODGED Proposed Judgment re: 141 MOTION for Judgment Entry of Final Judgment Pursuant to Federal Rule of Civil Procedure 54(B). Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Pacific Indemnity Company.
154
10/20/2009
MOTION for Attorney Fees Reasonable Expenses by Pickens Kane Moving & Storage Company.
1
Exhibit A. Ruling regardins Summary Judgment
2
Exhibit B. Letter from Pickens Kane to Atlas and Response Letter
2 Attachments
155
10/20/2009
MOTION to Stay re Entry of Judgment by Pickens Kane Moving & Storage Company.
156
10/28/2009
RESPONSE in Opposition re 155 MOTION to Stay re Entry of Judgment and Plaintiff's Request for Entry of Judgment filed by Pacific Indemnity Company.
1
Affidavit
2
Exhibit
2 Attachments
157
11/02/2009
OBJECTION re 154 MOTION for Attorney Fees Reasonable Expenses by Defendant Atlas Van Lines, Inc, Cross Claimant Atlas Van Lines, Inc, Cross Defendant Atlas Van Lines, Inc.
1
Exhibits A through D
1 Attachment
158
11/12/2009
REPLY in Support re 154 MOTION for Attorney Fees Reasonable Expenses filed by Pickens Kane Moving & Storage Company.
1
Affidavit James Munroe Affidavit
1 Attachment
159
11/25/2009
ORDER denying Pickens Kane's 155 Motion to Stay entry of judgment; judgment will be entered concurrent with this order; the motion for fees and costs will be ruled on once the parties have fully complied with the local rule. Signed by Judge Frederick J Martone on 11/24/09.
160
11/25/2009
JUDGMENT. Plaintiff Pacific Indemnity Company shall recover from Defendant Pickens Kane Moving and Storage Company the amount of $1,000,000.00, with post judgment interest, and Plaintiff Pacific Indemnity Company shall recover from Defendant Atlas Van Lines Inc the amount of $52,500.00, with post judgment interest; Cross-Claimant Pickens Kane Moving and Storage Company shall recover from Cross-Defendant Atlas Van Lines Inc the amount of $52,500.00, with post judgment interest; to the extent that Atlas Van Lines Inc satisfies the judgment as to Pacific Indemnity Company, said amount of payment shall reduce the amount to be paid by Atlas Van Lines Inc to Pickens Kane Moving and Storage Company and shall reduce the amount to be paid by Pickens Kane Moving and Storage Company to Pacific Indemnity Company. Signed by Judge Frederick J Martone on 11/24/09.
161
12/02/2009
BILL OF COSTS by Pacific Indemnity Company.
1
Exhibit
2
Affidavit of Kevin D. Bush in Support of Plaintiff Pacific Indemnity 's Bill of Costs
2 Attachments
162
12/08/2009
APPLICATION/NOTICE of BILL OF COSTS Renewed Motion for Reasonable Expenses by Pickens Kane Moving & Storage Company.
1
Exhibit A. Order filed September 9, 2009
1 Attachment
163
12/17/2009
MEMORANDUM re: Pickens Kane's Memorandum In Support of Motion for Reasonable Expenses re 162 Bill of Costs - Application/Notice by Cross Claimant Pickens Kane Moving & Storage Company.
164
12/17/2009
AFFIDAVIT/SUPPORTING DOCUMENT to BILL OF COSTS List of Expenses by Pickens Kane Moving & Storage Company.
1
Exhibit Supporting Backup Documents
1 Attachment
165
12/17/2009
DECLARATION of Declaration in Support of Motion for Reasonable Expenses re 162 Bill of Costs - Application/Notice by Cross Claimant Pickens Kane Moving & Storage Company.
166
12/18/2009
NOTICE OF APPEAL to 9th Circuit, as to 160 Judgment, by Pickens Kane Moving & Storage Company. Filing fee received: $ 455.00, receipt number 0970-3457796.
167
12/18/2009
Appeal Document by Pickens Kane Moving & Storage Company re 166 Notice of Appeal Consent to Motion to Approve Supersedeas Bond
1
Appeal Information
1 Attachment
168
12/18/2009
Appeal Document by Pickens Kane Moving & Storage Company re 166 Notice of Appeal Proposed Order re Consent Motion to Approve Supersedeas Bond
169
12/21/2009
Ninth Circuit Case Number 09-17824 for 166 Notice of Appeal.
170
12/23/2009
RESPONSE to Motion re 154 MOTION for Attorney Fees Reasonable Expenses filed by Atlas Van Lines, Inc.
171
12/23/2009
Appeal Document by Pickens Kane Moving & Storage Company re 166 Notice of Appeal Civil Appeals Docketing Statement.
1
Exhibit Judgment and Order Appealed From
2
https://ecf.azd.uscourts.gov/doc1/02515175674" onClick="goDLS{{'/doc1/02515175674','374027','529','','2','1','',''}};">2</a> Exhibit Representation Statement) DOCUMENT FILED IN ERROR. ATTORNEY NOTICED TO SEND DIRECTLY TO 9CCA. Modified on <a href="javascript:void(0);" class="future-datetime" date="12/31/2020" time="">12/31/20</a>09
2 Attachments
172
12/24/2009
Minute Order: Plaintiff Pacific Indemnity Company and Counter Claimant Pickens Kane Moving & Storage Company have until 1/4/2010 to refile their bills of costs (including invoices) on a form provided by the court. See attached pdf. document pursuant to LRCiv 54.1(a).
173
12/29/2009
BILL OF COSTS by Pacific Indemnity Company.
1
Exhibit
1 Attachment
174
12/29/2009
Notice re Service of Bill of Costs by Pacific Indemnity Company re 173 Bill of Costs
175
12/30/2009
REPLY to Response to Motion re 154 MOTION for Attorney Fees Reasonable Expenses /Reply in Support of Renewed Motion for Reasonable Expenses filed by Pickens Kane Moving & Storage Company.
176
12/31/2009
BILL OF COSTS by Pickens Kane Moving & Storage Company.
1
Exhibit Supporting documents for Bill of Costs
1 Attachment
177
12/31/2009
BILL OF COSTS Notice of Service by Pickens Kane Moving & Storage Company.
178
01/25/2010
Taxation of Costs in amount of $ 11,706.10 for Pacific Indemnity Company, against defendant Pickens Kane Moving & Storage Company and in the amount of $10,135.86 for cross-claimant Pickens Kane Moving & Storage Company against cross-defendant Atlas Van Lines, Inc. Signed by Chief Deputy Clerk Michael O'Brien on 01/25/10. (BJW) (Main Document 178 replaced on 1/25/2010) (BJW). Modified on 1/25/2010 to correct parties
179
01/25/2010
AMENDED Taxation of Costs in amount of $ 11,706.10 for Pacific Indemnity Company against defendant Pickens Kane Moving & Storage Company AND in the amount of $10,135.86 for cross-claimant Pickens Kane Moving & Storage Company against cross-defendant Atlas Van Lines, Inc. Signed by Chief Deputy Clerk Michael O'Brien on 01/25/10.
180
02/01/2010
MOTION for Reconsideration re 179 Amended Taxation of Costs by Atlas Van Lines, Inc.
1
https://ecf.azd.uscourts.gov/doc1/02515325208" onClick="goDLS{{'/doc1/02515325208','374027','552','','2','1','',''}};">1</a> Text of Proposed Order) Modified on 2/2/2010, INCORRECT EVENT TYPE SELECTED. DOCKET TEXT MODIFIED TO CORRECT DOCUMENT LINKAGE
1 Attachment
181
05/07/2010
ORDER granting 154 Pickens Kane's Motion for Attorney Fees and 162 Renewed Motion for reasonable expenses in the amount of $74,402.35 and denying 180 Atlas' Motion objecting to taxation of costs. Signed by Judge Frederick J Martone on 5/6/10.
182
06/03/2010
NOTICE OF APPEAL to 9th Circuit, re 181 by Atlas Van Lines Incorporated. Filing fee received: $ 455.00, receipt number 0970-3981104. Modified on 6/4/2010 as to document linkage
183
06/03/2010
Representation Statement by Atlas Van Lines Incorporated re 182 Notice of Appeal
184
06/04/2010
9CCA Case Number 10-16260 for 182 Notice of Appeal
185
07/01/2010
Notice re Initial Notice Pursuant to Circuit Rule 10-3.1(A) Regarding Appellants Intent to Not Order Any Portion of Reporters Transcript by Atlas Van Lines Incorporated
186
05/06/2011
SATISFACTION OF JUDGMENT by Pacific Indemnity Company.
187
05/12/2011
MANDATE of USCA, affirming the decision of the District Court, re: 09-17824 166 Notice of Appeal filed by Pickens Kane Moving & Storage Company.
1
Opinion
2
https://ecf.azd.uscourts.gov/doc1/02517475278" onClick="goDLS{{'/doc1/02517475278','374027','573','','2','1','',''}};">2</a> NDA)
2 Attachments
188
05/12/2011
MANDATE of USCA, affirming the decision of the District Court, re: 10-16260 182 Notice of Appeal filed by Atlas Van Lines Incorporated.
1
Opinion
2
https://ecf.azd.uscourts.gov/doc1/02517475325" onClick="goDLS{{'/doc1/02517475325','374027','576','','2','1','',''}};">2</a> NDA)
2 Attachments
189
06/02/2011
SATISFACTION OF JUDGMENT re: 181 Order on Motion for Attorney Fees, Order on Motion for Reconsideration, by Pickens Kane Moving & Storage Company.
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