ACE PROPERTY & CASUALTY INSURANCE COMPANY v. AXA RE Docket

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SDNY CM/ECF Version 4.1.1

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?102053882113...

ECF

U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:11-cv-07050-DLC

Ace Property & Casualty Insurance Company v. AXA RE Assigned to: Judge Denise L. Cote Cause: 9:9 Motion to Confirm Arbitration Loan

Date Filed: 10/06/2011 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question

Plaintiff  ABC TERMINATED: 10/28/201 10/28/ 2011 1

V. Petitioner Ace Property & Casualty Insurance Company as successor in interest and assignee of   Imperiall Casualty and Indemnity  Imperia Indemnity Company  formerly known as Cigna Property & Casualty Insurance Company

represented by Mark W. Stoutenburg Gibbons P.C. (NY) One Pennsylvania Plaza, 37th Floor New York, NY 10119 212 649 4759 Fax: 973 639 6339 Email: [email protected]  ATTORNEY  ATT ORNEY TO TO BE NOTICED NOTICED

Petitioner Illinois Union Insurance Company  formerly knownCompany as Gatx Insurance

represented by Mark W. Stoutenburg (SeeORNEY above for  ATT  ATTORNEY TO TOaddress) BE NOTICED NOTICED

V. Defendant DEF TERMINATED: 10/28/201 10/28/ 2011 1

V. Respondent

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SDNY CM/ECF Version 4.1.1

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AXA RE assuccessor to Ancienne Mutuelle and   L'Abeille Igard  Igard 

Date Filed

#

Docket Text

10/06/ 10/ 06/201 2011 1

1

ORDE ORDER, R, Case Case seale sealed. d. (S (Sign igned ed by Judge Judge Lorett Lorettaa A. Pr Presk eskaa on 10/05 10/05/20 /201 11) (m (mps ps)) (Entered: 10/11/2011)

10/06/ 10/ 06/201 2011 1 10/0 10/07/ 7/20 201 11 10/14/2011

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Magist Magistrat ratee Judge Judge Ronal Ronald d L. El Ellis lis is so design designate ated. d. (mps) (mps) (E (Ente ntered red:: 10/1 10/11/2 1/201 011) 1) 2

SEAL SEALED ED DOCU DOCUME MENT NT pl plac aced ed in vaul vault. t.(m (mps ps)) (E (Ent nter ered ed:: 10/1 10/11/ 1/20 201 11)

14  ORDER: Plaintiffs shall file and serve any additional materials with 14  with which they intend to support their petition for confirmation by 10/28/2011. Defendant's opposition, if any, is due on 11/18/2011. Plaintiffs' reply, if any, is due 12/2/2011. At the time reply is served, the plaintiffs shall submit one courtesy copy of all motion papers to Chambers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York, 10007. Plaintiffs shall serve a copy of this order on the defendant. The complaint shall unsealed on 10/26/2011, unless the plaintiffs provide to this Court prior to that date a copy of the complaint for filing in the public record with appropriate, limited redactions. (Signed by Judge Denise L. Cote on 10/14/2011) (ab) (Entered: 11/01/2011)

10/1 10/18/ 8/20 201 11

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SEAL SEALED ED DOCU DOCUME MENT NT pl plac aced ed in vaul vault. t.(m (mps ps)) (E (Ent nter ered ed:: 10/1 10/18/ 8/20 201 11)

10/2 10/21/ 1/20 201 11

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SEAL SEALED ED DOCU DOCUME MENT NT pl plac aced ed in vaul vault. t.(m (mps ps)) (E (Ent nter ered ed:: 10/2 10/21/ 1/20 201 11)

10/27/2011

5  ORDERED, that the Clerk of the Court shall unseal this case. SO ORDERED (Signed by Judge Denise L. Cote on 10/27/2011) (mps) Modified on 10/31/2011 (ae). (Entered: 10/28/2011)

10/28/2011

PARTE TE MOTION to Seal Petition to Confirm Arbitration Awards. 6  EX PAR Document filed by Ace Property & Casualty Insurance Company, Illinois Union Insurance Company. (This document was previously filed under seal in envelope # 2 and unsealed on 10/28/2011.)(mro) (Entered: 10/28/2011)

10/ 0/2 28/2 8/201 011 1

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10/28/2011

8  ORDER granting 6 EX PARTE MOTION to Seal Petition to Confirm Arbitration Awards filed by Ace Property & Casualty Insurance Company, Illinois Union Insurance Company. Upon consideration of Petitioners' ex parte Motion to Seal Petition to Confirm Arbitration Awards, including the

MEMOR MORANDUM OF LAW in Sup Support re re:: 6 EX PARTE MOTION to Seal Petition to Confirm Arbitration Awards. Document filed by Ace Property & Casualty Insurance Company, Illinois Union Insurance Company. (This document was previously filed under seal in envelope # 2 and unsealed on 10/28/2011.) (mro) (Entered: 10/28/2011)

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SDNY CM/ECF Version 4.1.1

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Memorandum of Law and Declaration of Daryn Rush, dated October 5, 2011, it is hereby ORDERED and DECREED that said Motion is GRANTED. Petitioners' Petition to Confirm Arbitration Awards and documents filed in connection therewith, including Petitioners' motion to seal, shall be filed under seal and shall remain confidential and under seal until further order of this Court bases on the confidentiality agreement of the parties entered into the arbitration. (This document was previously filed under seal in envelope # 2 and unsealed on 10/28/2011.) (Signed by Judge Loretta A. Preska, Part I on 10/5/2011) (mro) Modified on 10/28/2011 (mro). (Entered: 10/28/2011) 10/28/2011

9  PETITION TO CONFIRM ARBITRA ARBITRATION.Document TION.Document filed by Ace Property & Casualty Insurance Company, Illinois Union Insurance Company. (This document was previously filed under seal in envelope #2 and unsealed on 10/28/2011.)(mro) (Additional attachment(s) added on 11/2/2011: # 1 Affirmation, # 2 Ex. A, # 3 Ex. B, # 4 Ex. C-F) (ama). (Entered: 10/28/2011)

10/28/2011

10  LAW in Support re: 9 Petition to Compel/Confirm 10  MEMORANDUM OF LAW /Modify/Stay/Vacate Arbitration. Document filed by Ace Property & Casualty Insurance Company, Illinois Union Insurance Company. (This document was previously filed under seal in envelope # 2 and unsealed on 10/28/2011.) (mro) (Entered: 10/28/2011)

10/28/2011

11  RULE 7.1 CORPORATE 11  CORPORATE DISCLOSURE STA STATEMENT. TEMENT. Identifying Corporate Parent INA Corporation, Corporate Parent ACE Limited, Corporate Parent ACE INA Holdings, Inc., Corporate Parent INA Holdings Corporation, Corporate Parent INA Financial Corporation for Ace Property & Casualty Insurance Company; Corporate Parent Pacific Employers Insurance Company, Corporate Parent ACE Limited, Corporate Parent INA Corporation, Corporate Parent ACE INA Holdings, Inc., Corporate Parent Ace American Insurance Company, Corporate Parent INA Financial Corporation, Corporate Parent INA Holdings Corporation for Illinois Union Insurance Company. Document filed by Ace Property & Casualty Insurance Company, Illinois Union Insurance Company. (This document was previously filed under seal in envelope # 2 and unsealed on

10/2 10/28/ 8/20 201 11

10/28/2011

10/28/2011.)(mro) (Entered: 10/28/2011) ** ***N *NOT OTE E TO ATTOR TTORNE NEY Y TO EE-MA MAIL IL PDF( PDF(PD PDF F supp suppli lied ed was was abov abovee the the S.D.N.Y. size limit). Note to Attorney Mark W. Stoutenburg for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 9 Petition to Compel/Confirm/Modify /Stay/Vacate Arbitration to: [email protected]. ***The PDF that was supplied on the CD when filing under seal was too large. (mro) (Entered: 10/28/2011) 12  12  SUMMONS RETURNED EXECUTED Summons and Notice of Petition to Confirm Arbitration Awards; Petition to Confirm Arbitration Awards; Declaration of Daryn E. Rush in Support of Petition to Confirm Arbitration Award, Memorandum of Law in Support of Petition to Confirm Arbitration

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Awards; Petitioners' Rule 7.1 Disclosure Statement; Ex Parte Motion to Seal Petition to Confirm Arbitration Awards; Memorandum of Law in Support of  Motion to Seal Petition to Confirm Arbitration Awards; Judge Preska 's October 5, 2011 Order served. New York State Insurance Department served on 10/11/2011, answer due 11/1/2011. Service was made by First Class Mail. Document filed by Ace Property & Casualty Insurance Company; Illinois Union Insurance Company. (This document was previously filed under seal in envelope #3 and unsealed on 10/28/2011.) (mro) (Entered: 10/28/2011) 10/28/2011

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13 13   ACKNOWLEDGMENT OF SERVICE: SERVICE: Attorney for Petitioner(s) is hereby advised of acknowledgment of service upon this Department Notice of Petition, etc. in the above entitled action on October 13, 2011 at Albany, New York. (This document was previously filed under seal in envelope #4 and unsealed on 10/28/2011.) (mro) (Entered: 10/28/2011)

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