United States District Court, District of Rhode Island https://ecf.rid.uscourts.gov/cgi-bin/DktRpt.pl?55471052651178...

U.S. District Court

District of Rhode Island (Providence)
CIVIL DOCKET FOR CASE #: 1:10-cv-00066-S-LDA

Seaton Insurance Company v. Century Indemnity Company Date Filed: 02/18/2010

et al Jury Demand: None
Assigned to: Judge William E Smith Nature of Suit: 110 Insurance
Referred to: Magistrate Judge Lincoln D. Almond Jurisdiction: Diversity
Cause: 09:1 U.S. Arbitration Act
Plaintiff
Seaton Insurance Company represented by Alexandra K. Callam
f/k/a Unigard Mutual Insurance Hinckley, Allen & Snyder LLP
Company 50 Kennedy Plaza
Suite 1500
Providence, RI 02903
274-2000
Fax: 277-9600
Email: acallam@haslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Gerald J. Petros
Hinckley, Allen & Snyder
50 Kennedy Plaza
Suite 1500
Providence, RI 02903
274-2000
Fax: 277-9600
Email: gpetros@haslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joseph J. Schiavone
Budd Larner, P.C.
150 John F. Kennedy Parkway
Short Hills, NJ 07078
973-379-4800
Fax: 973-379-7734
Email: jschiavone@budd-larner.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

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Mark Hoerrner
Budd Larner, P.C.
150 John F. Kennedy Parkway
Short Hills, NJ 07078
973-379-4800
Fax: 973-379-7734
Email: mhoerrner@budd-larner.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

V.
Defendant
Century Indemnity Company represented by Robert K. Taylor
as successor to Cigna Specialty Partridge, Snow & Hahn LLP
Insurance Company (formerly known as 180 South Main Street
California Union Insurance Company) Providence, RI 02903
861-8200
Fax: 861-8210
Email: rkt@psh.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Daryn E. Rush
Gibbons PC
1700 Two Logan Square
18th and Arch Streets
Philadelphia, PA 19103
215-446-6220
Fax: 215-446-6336
Email: drush@gibbonslaw.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Defendant
Century Indemnity Company represented by Robert K. Taylor
as successor to Insurance Company of (See above for address)
North America LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Daryn E. Rush
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

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Defendant
Cravens Dargan & Company, Pacific represented by Robert K. Taylor
Coast (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Daryn E. Rush
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

02/18/2010 1 COMPLAINT TO ENFORCE ARBITRATION against Century Indemnity
Company(as successor to Cigna Specialty Insurance Company (formerly known
as California Union Insurance Company)), Century Indemnity Company(as
successor to Insurance Company of North America), Cravens Dargan &
Company, Pacific Coast ( Filing fee $ 350 receipt number 14670002765.), filed
by Seaton Insurance Company. (Attachments: # 1 Civil Cover Sheet, # 2
Exhibits A - E, # 3 Exhibits F- J, # 4 Exhibits K - O, # 5 Exhibits P -
W)(Jackson, Ryan) (Entered: 02/18/2010)
02/18/2010 Summons Issued (3) (Jackson, Ryan) (Entered: 02/18/2010)
02/18/2010 2 Corporate Disclosure Statement by Seaton Insurance Company identifying
Corporate Parent Stonewall Acquisition Corporatoin, Corporate Parent Dukes
Place Holdings, L.P., Corporate Parent Dukes Place Holdings Ltd., Corporate
Parent Dukes Place Holdings, LLC, Corporate Parent DP Holdings LLC,
Corporate Parent Greenwich Street Capital Partners II, L.P., Corporate Parent
Greenwich Street Capital Partners II, LLC, Corporate Parent MetLife Ins. Co. of
Connecticut, Corporate Parent Viginia Holdings Ltd., Corporate Parent Kenmare
Holdings Ltd., Corporate Parent Enstar Group Limited for Seaton Insurance
Company.. (Jackson, Ryan) (Entered: 02/18/2010)
02/18/2010 3 MOTION to Compel Arbitration (and Notice of Petition) with Supporting
Memorandum of Law by Seaton Insurance Company. Responses due by
3/8/2010 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Jackson,
Ryan) (Entered: 02/18/2010)
02/18/2010 4 CERTIFICATION OF MARK D. HOERRNER by Seaton Insurance Company.
(Jackson, Ryan) (Entered: 02/18/2010)
03/04/2010 5 SUMMONS Returned Executed by Seaton Insurance Company. Century
Indemnity Company(as successor to Insurance Company of North America)
served on 2/25/2010, answer due 3/18/2010. (Callam, Alexandra) (Entered:
03/04/2010)

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03/04/2010 6 SUMMONS Returned Executed by Seaton Insurance Company. (Callam,

Alexandra) (Entered: 03/04/2010)
03/08/2010 7 STIPULATION To Extend Time to Answer or Respond to Complaint and
Petition to Compel Arbitration and Notice of Petition and Motion to Compel
Arbitration by Century Indemnity Company(as successor to Cigna Specialty
Insurance Company (formerly known as California Union Insurance
Company)), Century Indemnity Company(as successor to Insurance Company
of North America), Cravens Dargan & Company, Pacific Coast. (Taylor, Robert)
(Entered: 03/08/2010)
03/09/2010 TEXT ORDER Entering 7 Stipulation, filed by Cravens Dargan & Company,
Pacific Coast, Century Indemnity Company. So Ordered by Judge William E.
Smith on 3/9/10. (Jackson, Ryan) (Entered: 03/09/2010)
03/09/2010 Reset Deadlines: Century Indemnity Company(as successor to Cigna Specialty
Insurance Company (formerly known as California Union Insurance Company))
answer due 4/16/2010; Century Indemnity Company(as successor to Insurance
Company of North America) answer due 4/16/2010; Cravens Dargan &
Company, Pacific Coast answer due 4/16/2010. (Jackson, Ryan) (Entered:
03/09/2010)
03/11/2010 8 NOTICE of Appearance by Robert K. Taylor on behalf of Century Indemnity
Company(as successor to Cigna Specialty Insurance Company (formerly known
as California Union Insurance Company)), Century Indemnity Company(as
successor to Insurance Company of North America), Cravens Dargan &
Company, Pacific Coast (Taylor, Robert) (Entered: 03/11/2010)
03/17/2010 9 MOTION for Mark Hoerrner to Appear Pro Hac Vice by Seaton Insurance
Company. (Petros, Gerald) (Entered: 03/17/2010)
03/17/2010 10 MOTION for Joseph J. Schiavone to Appear Pro Hac Vice by Seaton Insurance
Company. (Petros, Gerald) (Entered: 03/17/2010)
03/17/2010 11 APPLICATION FOR ADMISSION PRO HAC VICE re 9 MOTION for Mark
Hoerrner to Appear Pro Hac Vice by Seaton Insurance Company. (Smith, Rana)
(Entered: 03/17/2010)
03/17/2010 12 APPLICATION FOR ADMISSION PRO HAC VICE re 10 MOTION for
Joseph J. Schiavone to Appear Pro Hac Vice by Seaton Insurance Company.
(Smith, Rana) (Entered: 03/17/2010)
03/18/2010 13 SUMMONS Returned Executed by Seaton Insurance Company. Cravens Dargan
& Company, Pacific Coast served on 3/2/2010, answer due 4/16/2010. (Callam,
Alexandra) (Entered: 03/18/2010)
03/25/2010 TEXT ORDER granting 9 Motion to Appear Pro Hac Vice of Mark Hoerrner,
Joseph J. Schiavone ; granting 10 Motion to Appear Pro Hac Vice of Mark
Hoerrner, Joseph J. Schiavone. So Ordered by Judge William E. Smith on

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3/25/10. (Jackson, Ryan) (Entered: 03/25/2010)

04/16/2010 14 MOTION to Dismiss WITH SUPPORTING MEMO by Century Indemnity
Company(as successor to Cigna Specialty Insurance Company (formerly known
as California Union Insurance Company)), Century Indemnity Company(as
successor to Insurance Company of North America), Cravens Dargan &
Company, Pacific Coast. Responses due by 5/3/2010 (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 A), # 9 Exhibit 8 (Part B), # 10 Exhibit 9)(Taylor,
Robert) (Entered: 04/16/2010)
04/16/2010 15 MOTION for Sanctions WITH SUPPORTING MEMO by Century Indemnity
Company(as successor to Cigna Specialty Insurance Company (formerly known
as California Union Insurance Company)), Century Indemnity Company(as
successor to Insurance Company of North America), Cravens Dargan &
Company, Pacific Coast. Responses due by 5/3/2010 (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 A), # 9 Exhibit 8 (Part B), # 10 Exhibit 9)(Taylor,
Robert) (Entered: 04/16/2010)
04/19/2010 Motion Forwarded to Chambers 3 MOTION to Compel Arbitration (and Notice
of Petition) FORWARDED to Chambers of Judge William E. Smith. (Jackson,
Ryan) (Entered: 04/19/2010)
04/21/2010 16 MOTION for Daryn E. Rush to Appear Pro Hac Vice by Century Indemnity
Company(as successor to Cigna Specialty Insurance Company (formerly known
as California Union Insurance Company)), Century Indemnity Company(as
successor to Insurance Company of North America), Cravens Dargan &
Company, Pacific Coast. (Taylor, Robert) (Entered: 04/21/2010)
04/21/2010 17 MOTION to Adjourn Briefing on Defendants' Motion for Rule 11 Sanctions and
for an Expedited Hearing re 15 MOTION for Sanctions by Seaton Insurance
Company. Responses due by 5/10/2010 (Petros, Gerald) (Entered: 04/21/2010)
04/22/2010 18 APPLICATION FOR ADMISSION PRO HAC VICE re 16 MOTION for Daryn
E. Rush to Appear Pro Hac Vice by Century Indemnity Company(as successor
to Cigna Specialty Insurance Company (formerly known as California Union
Insurance Company)), Century Indemnity Company(as successor to Insurance
Company of North America), Cravens Dargan & Company, Pacific Coast.
(Smith, Rana) (Entered: 04/22/2010)
04/26/2010 NOTICE of Hearing: Telephone Conference scheduled for 4/27/2010 at 10:00
AM in Judge Smith Chambers before Judge William E. Smith; this office will
initiate the conference call; please provide direct dial contact information to the
clerk in advance of the hearing. (Jackson, Ryan) (Entered: 04/26/2010)
04/26/2010 19 RESPONSE in Opposition re 17 MOTION to Adjourn Briefing on Defendants'
Motion for Rule 11 Sanctions and for an Expedited Hearing re 15 MOTION for

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Sanctions filed by Century Indemnity Company(as successor to Cigna Specialty

Insurance Company (formerly known as California Union Insurance Company)),
Century Indemnity Company(as successor to Insurance Company of North
America), Cravens Dargan & Company, Pacific Coast. (Taylor, Robert)
(Entered: 04/26/2010)
04/27/2010 TEXT ORDER granting 16 Motion to Appear Pro Hac Vice of Daryn E. Rush.
So Ordered by Judge William E. Smith on 4/27/10. (Jackson, Ryan) (Entered:
04/27/2010)
04/27/2010 TEXT ORDER granting 17 Motion to Adjourn Briefing on Defendants' Motion
for Rule 11 Sanctions and for an Expedited Hearing. So Ordered by Judge
William E. Smith on 4/27/10. (Jackson, Ryan) (Entered: 04/27/2010)
04/27/2010 Minute Entry for proceedings held before Judge William E Smith: Telephone
Conference held on 4/27/2010; counsel present via teleconference: G. Petros, A.
Callam, M. Hoerrner; R. Taylor, D. Rush (Jackson, Ryan) (Entered: 04/27/2010)
05/03/2010 20 RESPONSE in Opposition re 14 MOTION to Dismiss and in Further Support of
its Petition to Appoint Disinterested Umpires with supporting memorandum
filed by Seaton Insurance Company. (Attachments: # 1 Exhibit A)(Petros,
Gerald) (Entered: 05/03/2010)
05/03/2010 21 DECLARATION re 20 Response in Opposition to Motion to Dismiss and in
Further Support of its Petition to Appoint Disinterested Umpires by Seaton
Insurance 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, # 9
Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14
Exhibit N, # 15 Exhibit O)(Petros, Gerald) (Entered: 05/03/2010)
05/06/2010 Motion Forwarded to Chambers 14 MOTION to Dismiss, 3 MOTION to
Compel Arbitration (and Notice of Petition) FORWARDED to Chambers of
Judge William E. Smith. (Jackson, Ryan) (Entered: 05/06/2010)
05/10/2010 22 REPLY to Response to Motion re 20 Response in Opposition to Motion filed by
Century Indemnity Company(as successor to Cigna Specialty Insurance
Company (formerly known as California Union Insurance Company)), Century
Indemnity Company(as successor to Insurance Company of North America),
Cravens Dargan & Company, Pacific Coast. (Attachments: # 1 Exhibit 10, # 2
Exhibit 11, # 3 Exhibit 12, # 4 Exhibit 13, # 5 Exhibit 14, # 6 Exhibit
15)(Taylor, Robert) (Entered: 05/10/2010)
05/21/2010 NOTICE of Hearing on Motion 3 MOTION to Compel Arbitration (and Notice
of Petition), 14 MOTION to Dismiss : Motion Hearing scheduled for 6/30/2010
at 10:30 AM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan)
(Entered: 05/21/2010)
06/30/2010 Minute Entry for proceedings held before Judge William E Smith: Motion
Hearing held on 6/30/2010 re 14 MOTION to Dismiss filed by Cravens Dargan

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& Company, Pacific Coast, Century Indemnity Company, 3 MOTION to

Compel Arbitration (and Notice of Petition) filed by Seaton Insurance Company;
counsel present: G. Petros, M. Hoerrner; R. Taylor, D. Rush; Plaintiff argues its
Motion to Compel Arbitration; Court questions the Plaintiff; Defendant responds
to Plaintiff's arguments on M/Compel and argues its own Motion to Dismiss;
Court questions Defendant; Plaintiff responds to Defendant's argument on the
M/Dismiss; Court takes both motions under advisement; Recess. (Court
Reporter Debra Lajoie in Courtroom 2 at 10:30 AM.) (Jackson, Ryan) (Entered:
06/30/2010)
06/30/2010 23 TRANSCRIPT REQUEST for proceedings held on 6/30/2010 before Judge
Smith.. (Callam, Alexandra) (Entered: 06/30/2010)
07/01/2010 NOTICE of Hearing: Telephone Conference set for 7/8/2010 04:00 PM before
Magistrate Judge Lincoln D. Almond. (Noel, Jeannine) (Entered: 07/01/2010)
07/08/2010 Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:
Telephone Conference held on 7/8/2010. (Noel, Jeannine) (Entered: 07/09/2010)
07/09/2010 NOTICE of Hearing: Telephone Conference set for 7/21/2010 04:00 PM before
Magistrate Judge Lincoln D. Almond. Attorneys to participate: Hoerrner, Petros
and Rush. The court will initiate the call.(Noel, Jeannine) (Entered: 07/09/2010)
07/20/2010 24 Assented MOTION Motion to Adjourn Telephone Conference with Magistrate
Judge Almond re Notice of Hearing by Seaton Insurance Company. Responses
due by 8/6/2010 (Petros, Gerald) (Entered: 07/20/2010)
07/21/2010 TEXT ORDER granting 24 Assented to Motion to Adjourn Telephone
Conference; Set/Reset Hearings: ( Telephone Conference RESCHEDULED for
8/11/2010 04:00 PM before Magistrate Judge Lincoln D. Almond.) MOVED
FROM 7/21/2010. So Ordered by Magistrate Judge Lincoln D. Almond on
7/20/2010. (Noel, Jeannine) (Entered: 07/21/2010)
08/10/2010 NOTICE of Hearing: Telephone Conference set for 8/11/2010 04:00 PM before
Magistrate Judge Lincoln D. Almond. The court will initiate the call. Only
counsel of record to participate.(Noel, Jeannine) (Entered: 08/10/2010)
08/11/2010 Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:
Telephone Conference held on 8/11/2010. (Noel, Jeannine) (Entered:
08/11/2010)

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