CM/ECF - NCED https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?162866816231...

MEDIATION

U.S. District Court

EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:09-cv-00324-FL

Carolina Power & Light Co. v. Ace American Insurance Date Filed: 07/15/2009
Company Jury Demand: Plaintiff
Assigned to: Chief Judge Louise Wood Flanagan Nature of Suit: 110 Insurance
Demand: $75,000 Jurisdiction: Diversity
Cause: 28:1332 Diversity-Insurance Contract
Plaintiff
Carolina Power & Light Company represented by Caroline N. Belk
doing business as Smith, Anderson, Blount, Dorsett,
Progress Energy Carolinas, Inc. Mitchell & Jernigan
P.O. Box 2611
2500 Wachovia Capitol Center
Raleigh , NC 27602-2611
919-821-6715
Fax: 919-821-6800
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kelli Ann Ovies

Smith Anderson Blount Dorsett
Mitchell & Jernigan, LLP
2500 Wachovia Capitol Center
P.O. Box 2611
Raleigh , NC 27602-2611
919-821-1220
Fax: 919-821-6800
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kirk Alan Parry , Jr.

Smith Anderson Blount Dorsett
Mitchell & Jernigan, LLP
2500 Wachovia Capitol Center
P.O. Box 2611

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Raleigh , NC 27602-2611
919-821-6621
Fax: 919-821-6800
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Ace American Insurance Company represented by Tracy L. Eggleston
Cozen O'Connor, PC
301 S. College St., Suite 2100
Charlotte , NC 28202-6037
704-376-3400
Fax: 704-334-3351
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Laura L. Edwards
Cozen O'Connor
1201 Third Ave., Suite 5200
Seattle , WA 98101
206-340-1000
Fax: 206-621-8783
Email: [email protected]
TERMINATED: 05/03/2010

Thomas M. Jones
Cozen O'Connor
1201 Third Ave., Suite 5200
Seattle , WA 98101
206-340-1000
Fax: 206-621-8783
Email: [email protected]
ATTORNEY TO BE NOTICED

William F. Knowles
Cozen O'Connor
1201 Third Ave., Suite 5200
Seattle , WA 98101
206-340-1000
Fax: 206-621-8783

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Email: [email protected]
ATTORNEY TO BE NOTICED

Counter Claimant
Ace American Insurance Company represented by Tracy L. Eggleston
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Laura L. Edwards
(See above for address)
TERMINATED: 05/03/2010

Thomas M. Jones
(See above for address)
ATTORNEY TO BE NOTICED

William F. Knowles
(See above for address)
ATTORNEY TO BE NOTICED

V.
Counter Defendant
Carolina Power & Light Company represented by Caroline N. Belk
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kelli Ann Ovies

(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kirk Alan Parry , Jr.

(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

07/15/2009 1 COMPLAINT against Ace American Insurance Company ( Filing fee $ 350
receipt number 04170000000000929277.), filed by CAROLINA POWER &
LIGHT COMPANY D/B/A PROGRESS ENERGY CAROLINAS, INC..

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(Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A-1:

Osmose Contract, # 3 Exhibit A-2: Osmose Contract Continued, # 4 Exhibit
B-1: ACE Primary Policy, # 5 Exhibit B-2: ACE Primary Policy Continued, # 6
Exhibit C: SC Complaint, # 7 Exhibit D: May 7, 2009 ACE Letter to PE, # 8
Exhibit E: June 4, 2009 PE Letter to ACE, # 9 Exhibit F: June 5, 2009 ACE
Letter to PE, # 10 Exhibit G: June 30, 2009 ACE Letter to PE) (Parry, Kirk)
(Entered: 07/15/2009)
07/15/2009 2 FINANCIAL DISCLOSURE STATEMENT by CAROLINA POWER &
LIGHT COMPANY D/B/A PROGRESS ENERGY CAROLINAS, INC.. (Parry,
Kirk) (Entered: 07/15/2009)
07/15/2009 3 NOTICE by CAROLINA POWER & LIGHT COMPANY D/B/A PROGRESS
ENERGY CAROLINAS, INC. re 1 Complaint,, Proposed Summons (Parry,
Kirk) (Entered: 07/15/2009)
07/16/2009 4 Summons Issued as to Ace American Insurance Company. Counsel should print
summons to effect service. (Baker, C.) (Entered: 07/16/2009)
07/16/2009 Case Selected for Mediation - A printable list of certified mediators for the
Eastern District of North Carolina is available on the court's Website,
http://www.nced.uscourts.gov/applications/mediators.asp. Please serve this list
on all parties. (Beasley, B.) (Entered: 07/16/2009)
07/17/2009 5 AFFIDAVIT of Service for Summons, Complaint, Corporate Disclosure
Statement, and List of Certified Mediators served on ACE American Insurance
Company on July 16, 2009, filed by Carolina Power & Light Company.
(Attachments: # 1 Exhibit Ex. A - Signed delivery coversheet) (Ovies, Kelli)
(Entered: 07/17/2009)
07/23/2009 6 MOTION for Extension of Time to File Answer re 1 Complaint,, or Otherwise
Plead by Ace American Insurance Company. (Attachments: # 1 Text of
Proposed Order) (Eggleston, Tracy) (Entered: 07/23/2009)
07/24/2009 MOTIONS REFERRED: 6 MOTION for Extension of Time to File Answer re 1
Complaint referred to Clerk of Court. (Baker, C.) (Entered: 07/24/2009)
07/24/2009 7 ORDER granting 6 Motion for Extension of Time to Answer 1 Complaint. Ace
American Insurance Company's answer due 8/31/2009. Signed by Clerk of
Court on 07/24/2009. Copies served electronically. (Baker, C.) (Entered:
07/24/2009)
08/31/2009 8 ANSWER to 1 Complaint, Affirmative Defenses, and, COUNTERCLAIM for
Declaratory Relief of Defendant ACE American Insurance Company against
Carolina Power & Light Company by Ace American Insurance Company.
(Eggleston, Tracy) (Entered: 08/31/2009)
09/03/2009 9 RESPONSE re 8 Answer to Complaint, Counterclaim by Carolina Power &
Light Company. (Ovies, Kelli) (Entered: 09/03/2009)

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09/04/2009 10 INITIAL ORDER REGARDING PLANNING AND SCHEDULING -

Discovery Plan due by 10/9/2009. Initial Conference set for 10/20/2009 at 03:30
PM in Telephonic before Chief Judge Louise Wood Flanagan. Signed by Chief
Judge Louise Wood Flanagan on 09/04/09. Copies served electronically. (Baker,
C.) (Entered: 09/04/2009)
09/30/2009 11 FINANCIAL DISCLOSURE STATEMENT by Ace American Insurance
Company identifying Corporate Parent ACE Limited for Ace American
Insurance Company, Ace American Insurance Company. (Eggleston, Tracy)
(Entered: 09/30/2009)
09/30/2009 12 NOTICE of Appearance by William F. Knowles on behalf of Ace American
Insurance Company (Knowles, William) (Entered: 09/30/2009)
09/30/2009 13 NOTICE of Appearance by Thomas M. Jones on behalf of Ace American
Insurance Company (Jones, Thomas) (Entered: 09/30/2009)
10/09/2009 14 STATUS REPORT (filed jointly) and Proposed Plan for Discovery by Carolina
Power & Light Company, Ace American Insurance Company. (Eggleston,
Tracy) (Entered: 10/09/2009)
10/20/2009 Minute Entry for proceedings held before Chief Judge Louise Wood Flanagan:
Scheduling Conference held on 10/20/2009. Present at conference - Kirk Alan
Parry, Jr. (for Plaintiff); Tracy Eggleston and William F. Knowles (for
Defendant); Thomas Parnham, Law Clerk; Christa Baker, Case Manager. Issues
bearing on case management and scheduling discussed. Written case
management order to issue. (Baker, C.) (Entered: 10/20/2009)
10/22/2009 15 CASE MANAGEMENT ORDER: The parties shall submit a joint letter to the
court by January 15, 2010, identifying the mediator and the date set for
mediation. The date for mediation must be set no later than April 26, 2010. Fact
Discovery due by 4/26/2010. Motions due by 8/23/2010. Jury Trial set for that
civil term commencing 1/18/2011 in New Bern - Courtroom before Chief Judge
Louise Wood Flanagan.Signed by Chief Judge Louise Wood Flanagan on
10/21/09. Copies served electronically. (Baker, C.) (Entered: 10/22/2009)
01/11/2010 SELECTION OF Jonathan R. Harkavy as mediator. (Baker, C.) (Entered:
01/11/2010)
01/12/2010 17 ORDER Appointing Mediator Jonathan R. Harkavy appointed. Signed by Clerk
of Court on 1/12/10. (Beasley, B.) (Entered: 01/12/2010)
01/19/2010 18 Proposed Pretrial Order by Carolina Power & Light Company. (Ovies, Kelli)
(Entered: 01/19/2010)
01/20/2010 19 JOINT PROTECTIVE ORDER - Signed by Chief Judge Louise Wood Flanagan
on 01/20/2010. Copies served electronically. (Baker, C.) (Entered: 01/20/2010)
02/01/2010 20 NOTICE by Ace American Insurance Company (Designation of Secured Leave
for Tracy L. Eggleston) (Eggleston, Tracy) (Entered: 02/01/2010)

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02/10/2010 Minute Entry for proceedings held before Chief Judge Louise Wood Flanagan:
Telephone Conference held on 2/10/2010. Present at conference - Kirk Parry, Jr.
(counsel for plaintiff); Tracy Eggleston and William Knowles (counsel for
defendant); Brooks Hanner, Law Clerk; Christa Baker, Case Administrator.
Issues bearing on discovery discussed. Plaintiff to file its motion in discovery by
02/17/2010. Responses due 03/01/2010. (Baker, C.) (Entered: 02/10/2010)
02/17/2010 21 First MOTION to Compel by Carolina Power & Light Company. (Ovies, Kelli)
(Entered: 02/17/2010)
02/17/2010 22 Memorandum in Support re 21 First MOTION to Compel filed by Carolina
Power & Light Company. (Attachments: # 1 Index Index of Exhibits, # 2
Exhibit 1 -- Progress Energy First Request for Production to ACE, # 3 Exhibit 2
-- ACE Responses to Request for Production of Documents, # 4 Exhibit 3A --
ACE Privilege Log, # 5 Exhibit 3B -- ACE Privilege Log (contd), # 6 Exhibit 4
-- Dec. 9, 2009 Letter to ACE's Counsel, # 7 Exhibit 5 -- Jan. 8, 2010 Letter
from ACE's Counsel, # 8 Exhibit 6 -- Jan. 28, 2010 Email Chain, # 9 Exhibit 7
-- Hoechst Celanese Corp. v. Natl Union Fire Ins. Co., # 10 Exhibit 8 -- Natl
Union Fire Ins. Co. v. Stauffer Chem. Co., # 11 Text of Proposed Order) (Ovies,
Kelli) (Entered: 02/17/2010)
03/01/2010 23 RESPONSE in Opposition re 21 First MOTION to Compel filed by Ace
American Insurance Company. (Eggleston, Tracy) (Entered: 03/01/2010)
03/01/2010 24 Declaration re 23 Response in Opposition to Motion (of Tracy Eggleston) by
Ace American Insurance Company filed by Ace American Insurance Company.
(Attachments: # 1 Exhibit A: ACE's letter dated Jan. 28, 2005, # 2 Exhibit B:
ACE American Insurance Policy No. XOO G21740159) (Eggleston, Tracy)
(Entered: 03/01/2010)
03/02/2010 MOTIONS REFERRED: 21 First MOTION to Compel referred to U.S.
Magistrate Judge James E. Gates. (Baker, C.) (Entered: 03/02/2010)
03/05/2010 25 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY 28 * -
Second MOTION to Compel by Carolina Power & Light 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 9A, # 10
Exhibit 9B, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, #
15 Exhibit 14, # 16 Exhibit 15, # 17 Index Index of Exhibits to Second Motion
to Compel, # 18 Text of Proposed Order Proposed Order) (Ovies, Kelli)
Modified on 3/5/2010 to include refiling information (Baker, C.). (Entered:
03/05/2010)
03/05/2010 26 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY 30 * -
Declaration re 25 Second MOTION to Compel of John R. Young by Carolina
Power & Light Company. (Ovies, Kelli) Modified on 3/5/2010 to include
refiling information (Baker, C.). (Entered: 03/05/2010)

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03/05/2010 27 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY 29 * -

Memorandum in Support re 25 Second MOTION to Compel filed by Carolina
Power & Light Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit
3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Index Index of Exhibits to
Memorandum in Support of Second Motion to Compel) (Ovies, Kelli) Modified
on 3/5/2010 to inlcude refiling information (Baker, C.). (Entered: 03/05/2010)
03/05/2010 NOTICE OF DEFICIENCY re: 25 Motion to Compel and 27 Memorandum in
Support - Counsel is directed to refile these documents and bring them into
compliance with Section L of this court's Electronic Case Filing Administrative
Policies and Procedures Manual pertaining to clear and complete
identification/description of attachments and exhibits. (Baker, C.) (Entered:
03/05/2010)
03/05/2010 28 Corrected MOTION to Compel by Carolina Power & Light Company.
(Attachments: # 1 Index Index of Exhibits to Second Motion to Compel, # 2
Exhibit 1 -- June 30, 2009 Letter from Matthew W. Holmes to Charlie Madison,
# 3 Exhibit 2 -- Toney Complaint, # 4 Exhibit 3 -- ACE Claim Note Nos. 1 and
2, # 5 Exhibit 4 -- Jan. 28, 2005 Ott Letter, # 6 Exhibit 5 -- July 27, 2005
Gandolfo Email, # 7 Exhibit 6 -- ACE Claim Note No. 87, # 8 Exhibit 7 -- Aug.
8, 2008 Tommaney Letter, # 9 Exhibit 8 -- April 30, 2009 Young Letter, # 10
Exhibit 9A -- ACE Privilege Log, # 11 Exhibit 9B -- ACE Privilege Log (contd),
# 12 Exhibit 10 -- June 5, 2009 Holmes Letter, # 13 Exhibit 11 -- ACEs Initial
Disclosures, # 14 Exhibit 12 -- Feb. 22, 2010 Parry Email, # 15 Exhibit 13 --
Aug. 11, 2008 Capecci Email, # 16 Exhibit 14 -- Feb. 9, 2010 Email Chain, # 17
Exhibit 15 -- February 10, 2010 Tommaney Letter, # 18 Text of Proposed Order
Proposed Order) (Ovies, Kelli) (Entered: 03/05/2010)
03/05/2010 29 Memorandum in Support re 28 Corrected MOTION to Compel filed by Carolina
Power & Light Company. (Attachments: # 1 Index Index of Exhibits to
Memorandum in Support of Motion to Compel, # 2 Exhibit 1 -- Samson v.
Transamerica Ins. Co., 636 P.2d 32 (Cal. 1981), # 3 Exhibit 2 -- Tackett v. State
Farm Fire & Cas., 558 A.2d 1098 (Super. Ct. Del. 1988), # 4 Exhibit 3 --
Groben v. Travelers Indem. Co., 266 N.Y.S.2d 616 (N.Y. Sup. Ct. 1965), # 5
Exhibit 4 -- United Services Auto. Assn v. Werley, 526 P.2d 28 (Alaska 1974), #
6 Exhibit 5 -- Hutchinson v. Farm Family Cas. Ins. Co., 867 A.2d 1 (Conn.
2005), # 7 Exhibit 6 -- Boone v. Vanliner Ins. Co., 744 N.E.2d 154 (Ohio 2001))
(Ovies, Kelli) (Entered: 03/05/2010)
03/05/2010 30 Declaration re 28 Corrected MOTION to Compel of John R. Young by Carolina
Power & Light Company. (Ovies, Kelli) (Entered: 03/05/2010)
03/15/2010 31 RESPONSE in Opposition re 28 Corrected MOTION to Compel filed by Ace
American Insurance Company. (Attachments: # 1 Exhibit A: Declaration of
Matthew W. Holmes in Opposition to Plaintiff's Second Motion to Compel)
(Eggleston, Tracy) (Entered: 03/15/2010)

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