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STAYED

U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:12-cv-01139-RGA
Graftech International Ltd. et al v. Ace American Insurance Company et al Assigned to: Judge Richard G. Andrews Demand: $1,000,000 Case in other court: USDC/SD/NY, 12-cv-6355 Superior Court/DE/NCC, N12C-08-00232 (JRJ) Cause: 28:1441 Notice of Removal-Breach of Contract Plaintiff Graftech International Ltd. formerly known as UCAR International Inc. represented by Penelope B. O'Connell Eckert Seamans Cherin & Mellott, LLC 300 Delaware Avenue Suite 1210 Wilmington, DE 19801 (302) 552-2904 Fax: (302)425-0432 Email: poconnell@eckertseamans.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed: 09/17/2012 Jury Demand: Both Nature of Suit: 110 Insurance Jurisdiction: Diversity

Plaintiff GrafTech International Holdings Inc. formerly known as UCAR Carbon Company Inc. represented by Penelope B. O'Connell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Ace American Insurance Company a Pennsylvania corporation formerly known as Cigna Insurance Company represented by Marc Stephen Casarino White & Williams 824 Market Street, Suite 902 P.O. Box 709 Wilmington, DE 19899-0709 (302) 467-4520 Email:

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casarinom@whiteandwilliams.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Pacic Employers Insurance Company a Pennsylvania corporation represented by Marc Stephen Casarino (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/17/2012

Docket Text

1 NOTICE OF REMOVAL and copies of documents from Superior Court of the State of Delaware in and for New Castle County, Case Number N12C-08-232 (JRJ) (Filing fee $350, receipt number 311-1139759)- led by Ace American Insurance Company, Pacic Employers Insurance Company. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(dmp, ) (Entered: 09/18/2012) 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (dmp, ) (Entered: 09/18/2012) 3 Disclosure Statement pursuant to Rule 7.1 led by Ace American Insurance Company, Pacic Employers Insurance Company identifying Other Afliate INA Holdings Corporation, Other Afliate INA Financial Corporation, Other Afliate INA Corporation, Other Afliate ACE INA Holdings Inc., Other Afliate ACE Group Holdings Inc., Other Afliate ACE Limited for Ace American Insurance Company, Pacic Employers Insurance Company. (dmp, ) (Entered: 09/18/2012) 4 MOTION to Dismiss, Transfer or Stay the Action - led by Ace American Insurance Company, Pacic Employers Insurance Company. (Attachments: # 1 Proposed Order, # 2 Proposed Order, # 3 Proposed Order)(Casarino, Marc) Modied on 9/18/2012 (bkb). Modied on 9/26/2012 (nms). (Entered: 09/18/2012) 5 MEMORANDUM in Support re 4 MOTION to Dismiss, Transfer or Stay the Action, led by Ace American Insurance Company, Pacic Employers Insurance Company. Answering Brief/Response due date per Local Rules is 10/5/2012. (Casarino, Marc) Modied on 9/18/2012 (bkb). Modied on 9/26/2012 (nms). (Entered: 09/18/2012) 6 DECLARATION of Marc Casarino re 4 MOTION to Dismiss, Transfer or Stay the Action, by Ace American Insurance Company, Pacic Employers Insurance Company. (Attachments: # 1 Exhibits A-J - Part 1, # 2 Exhibits A-J - Part 2, # 3 Exhibits A-J - Part 3)(Casarino, Marc) Modied on 9/18/2012 (bkb). Modied on 9/26/2012 (nms). (Entered: 09/18/2012)

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09/18/2012

CORRECTING ENTRY: Documents led at DI 4 , 5 & 6 were originally led on 9/17/12 in 99-mc-9999; entries were removed from 99-mc-9999 docket & reled on 9/18/12 in 12-cv-1139. Per request of ling party, and consistent with original ling date, each entry was edited to reect the 9/17/12 le date. (bkb) (Entered: 09/18/2012) Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents led. (rjb) (Entered: 09/26/2012) 7 STIPULATION TO EXTEND TIME Plaintiff's Answer to Defendants' Motion to Dismiss to 10/12/2012 - led by GrafTech International Holdings Inc., Graftech International Ltd.. (O'Connell, Penelope) (Entered: 10/04/2012) SO ORDERED, re 7 STIPULATION TO EXTEND Plaintiff's Answer deadline to 4 Motion to Dismiss to 10/12/2012, led by Graftech International Ltd., GrafTech International Holdings Inc. (Reset Brieng Schedule: re 4 MOTION to Dismiss, Transfer or Stay the Action. Answering Brief due 10/12/2012). Signed by Judge Richard G. Andrews on 10/4/2012. (nms) (Entered: 10/04/2012) 8 ANSWERING BRIEF in Opposition re 4 MOTION to Dismiss for Improper Venue , Transfer or Stay the Action led by GrafTech International Holdings Inc., Graftech International Ltd..Reply Brief due date per Local Rules is 10/22/2012. (Attachments: # 1 Text of Proposed Order, # 2 Certicate of Service)(O'Connell, Penelope) (Entered: 10/12/2012) 9 EXHIBIT re 8 Answering Brief in Opposition, by GrafTech International Holdings Inc., Graftech International Ltd.. (Attachments: # 1 Exhibit 1 to Opposition Brief, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4,5,6, # 5 Exhibit 7 to 13)(O'Connell, Penelope) (Main Document 9 replaced on 10/15/2012) (nms). (Entered: 10/12/2012) 10 Disclosure Statement pursuant to Rule 7.1 led by GrafTech International Holdings Inc., Graftech International Ltd.. (O'Connell, Penelope) (Entered: 10/12/2012) CORRECTING ENTRY: A caption page has been added to D.I. 9 . (nms) (Entered: 10/16/2012) 11 REPLY to 4 MOTION to Dismiss, Transfer or Stay, led by Ace American Insurance Company, Pacic Employers Insurance Company. (Casarino, Marc) Modied on 10/22/2012 (nms). (Entered: 10/19/2012) 12 ORDER Denying the Motion to Dismiss, Denying the Motion to Transfer, and Granting the Motion to Stay (see D.I. 4 ). The parties are directed to advise when the New York Court has decided whether the case is properly before the Court in New York. In any event, the parties should le a status report no later than six months from today. Signed by Judge Richard G. Andrews on 11/1/2012.

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(nms) (Entered: 11/01/2012)

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