CATEGORY 5 MANAGEMENT GROUP, LLC v. NATIONAL CASUALTY INSURANCE COMPANY et al 1:09-cv-00633 Docket

8/3/2019 CATEGORY 5 MANAGEMENT GROUP, LLC v. NATIONAL CASUALTY INSURANCE COMPANY et al 1:09-cv-00633 Docket

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CLOSED2011

U.S. District CourtSouthern District of Alabama (Mobile)

CIVIL DOCKET FOR CASE #: 1:09-cv-00633-CG-B

Category 5 Management Group, LLC v. National Casualty

Insurance Company et al

Assigned to: Judge Callie V. S. Granade

Referred to: Magistrate Judge Sonja F. Bivins

Cause: 28:1332 Diversity-Breach of Contract

Date Filed: 09/28/2009

Date Terminated: 10/05/2011

Jury Demand: None

Nature of Suit: 110 Insurance

Jurisdiction: Diversity

Plaintiff

Category 5 Management Group, LLC represented by Charles J. Potts

Briskman & Binion, P.C.

P. O. Box 43

Mobile, AL 36601

251-433-7600

Fax: 251-433-4485

Email: [email protected]

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Kevin F. Masterson

Masterson & Newell, L.L.C.

P. O. Box 2067

Mobile, AL 36652251-441-9955

Fax: 251-441-9984

Email:

[email protected]

LEAD ATTORNEY


Matthew B. Hall

3 North Royal St., Suite 200

Mobile, AL 36602

251-441-9955Email: [email protected]

LEAD ATTORNEY


Emily H. Nelson

Morris Haynes & Hornsby

ALS District Version 4.2 Live https://ecf.alsd.uscourts.gov/cgi-bin/DktRpt.pl?50999487776

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3500 Colonnade Parkway

Suite 100

Birmingham, AL 35243

205/324-4008



Sarah Bond Dorger

Briskman & Binion, P.C.

P.O. Box 43

Mobile, AL 36601

(251) 433-7600

Fax: (251) 433-4485



V.

Defendant

National Casualty Insurance

Company

represented by Edgar M. Elliott , IV

Christian & Small LLP

505 20th Street North, Suite 1800

Birmingham, AL 35203-2696

205-795-6588


LEAD ATTORNEY


John W. Johnson , II

Christian & Small LLP

505 20th Street North, Suite 1800

Birmingham, AL 35203-2696


LEAD ATTORNEY


Defendant

ACE American Insurance Company represented by M. Warren ButlerStarnes Davis Florie LLP

P. O. Box 1548

Mobile, AL 36633-1548

251-433-6049

Fax: 251-433-5901



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LEAD ATTORNEY


Michael Thomas Scivley

100 Brookwood Place, 7th Floor


205-251-1193Email: [email protected]

LEAD ATTORNEY


Rik Stanford Tozzi

Burr & Forman LLP

420 North 20th Street

3400 Wachovia Tower


(205) 251-3000

Email: [email protected]: 07/19/2010

LEAD ATTORNEY


Scott M. Salter

Starnes & Atchison, LLP

P. O. Box 598512


(205) 868-6000

Email: [email protected] ATTORNEY


Defendant

Colonel McCrary Trucking, Inc. represented by Cooper C. Thurber

Lyons, Pipes & Cook

P.O. Box 2727

Mobile, AL 36652

251-432-4481

Fax: 2514331820

Email: [email protected]: 07/21/2010

LEAD ATTORNEY


L. Bratton Rainey , III

Luther, Crowe & Rainey, P.C.


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P. O. Box 1003

Mobile, AL 36633

251-433-8088

Fax: 2514338011


LEAD ATTORNEY


Brigg Hails Austin

Luther, Oldenberg & Rainey, P.C.

P. O. Box 1003

Mobile, AL 36633

251-433-8088



Jordan W Gerheim

Phelps Dunbar, LLPP.O. Box 2727

Mobile, AL 36652

251-433-6049


TERMINATED: 07/21/2010


Date Filed # Docket Text

09/28/2009 1 NOTICE OF REMOVAL by National Casualty Insurance Company fromCircuit Court of Mobile County, Alabama, case number CV - 2007 -

900950.00. ( Filing fee $ 350, Receipt number 11280000000000838351,

Online Credit Card Payment.), filed by National Casualty 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) (Johnson, John) (Additional attachment(s) added on 9/29/2009: # 11

Civil Cover Sheet) (mjn, ). (Entered: 09/28/2009)

09/28/2009 2 Miscellaneous Document re: 1 Notice of Removal,Exhibit K(1). (Johnson,

John) (Entered: 09/28/2009)






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09/28/2009 6 Corporate Disclosure Statement filed by Defendant National Casualty

Insurance Company. (Johnson, John) (Entered: 09/28/2009)

09/28/2009 7 Corporate Disclosure Statement filed by Defendant Colonel McCrary

Trucking, Inc.. (Thurber, Cooper) (Entered: 09/28/2009)

09/28/2009 8 Corporate Disclosure Statement filed by Defendant ACE American Insurance

Company. (Scivley, Michael) (Entered: 09/28/2009)

09/28/2009 9 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of

filing state court file (1 of 30) (Johnson, John) (Entered: 09/28/2009)




filing state court file (3 of 30) (Johnson, John) (Entered: 09/28/2009)09/28/2009 12 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of





















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filing state court file (20 of 30) (Johnson, John) (Entered: 09/28/2009)09/28/2009 29 NOTICE by National Casualty Insurance Company re 1 Notice of Removal, of





















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09/29/2009 39 Documents endorsed NOTED by Magistrate Judge Sonja F. Bivins: Corporate

Disclosure Statement (Doc. 6), filed by National Casualty Insurance Company,

Corporate Disclosure Statement (Doc. 7), filed by Colonel McCrary Trucking,

Inc., and Corporate Disclosure Statement (Doc. 8), filed by ACE American

Insurance Company. (Bivins, Sonja) (Entered: 09/29/2009)

09/29/2009 40 NOTICE of Appearance by Jordan W Gerheim on behalf of Colonel McCrary

Trucking, Inc. (Gerheim, Jordan) (Entered: 09/29/2009)

10/01/2009 41 Notice of Assignment to Magistrate Judge for trial. Consent Form due by

11/16/2009. (Attachments: # 1 consent to jurisdiction) (mjn, ) (Entered:

10/01/2009)

10/01/2009 42 PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report

due by 11/16/2009.. Signed by Magistrate Judge Sonja F. Bivins on 10/1/09.

(mjn, ) (Entered: 10/01/2009)

10/23/2009 43 MOTION to Remand by Category 5 Management Group, LLC. (Potts,

Charles) (Entered: 10/23/2009)10/26/2009 44 Order Setting Motion Deadline re: 43 MOTION to Remand filed by Category 5

Management Group, LLC that defendants are directed to file a response on or

before November 9, 2009; Any reply by Plaintiff should be filed nlt November

16, 2009; Responses due by 11/9/2009 Replies due by 11/16/2009. Signed by

Magistrate Judge Sonja F. Bivins on 10/26/09. (mjn, ) (Entered: 10/26/2009)

11/09/2009 45 RESPONSE in Opposition re 43 MOTION to Remand filed by Colonel

McCrary Trucking, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit

Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E,

# 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H) (Gerheim,

Jordan) (Entered: 11/09/2009)

11/09/2009 46 RESPONSE in Opposition re 43 MOTION to Remand filed by National

Casualty Insurance Company, ACE American Insurance Company.

(Attachments: # 1 Exhibit A, # 2 Exhibit B) (Elliott, Edgar) (Entered:

11/09/2009)

11/09/2009 47 NOTICE of Filing ExhibitsNOTICE OF CLARIFICATION OF EXHIBIT

LETTERS AND FILING OF SUPPLEMENTAL EXHIBITS IN SUPPORT OF

OPPOSITION TO MOTION TO REMAND by National Casualty Insurance

Company, ACE American Insurance Company re: 43 MOTION to Remand, 46

Response in Opposition to Motion (Attachments: # 1 Exhibit C - Ceres/CMTNotice of Removal, # 2 Exhibit D (December 19, 2007 Order of Remand), # 3

Exhibit E (July 11, 2008 Order of Remand)) (Salter, Scott) (Entered:

11/09/2009)

11/12/2009 48 MOTION for Extension of Time to File Response to District Judges Order as

to 42 Preliminary Scheduling Order, MOTION for Extension of Time to

Complete Discovery, Joint MOTION for Extension of Time to FileRule 26(f)


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Reportby ACE American Insurance Company. (Salter, Scott) (Entered:

11/12/2009)

11/12/2009 49 ORDER granting 48 Motion for Extension of Time to File Response to District

Judge Order; granting 48 Motion for Extension of Time to Complete

Discovery; granting 48 Motion for Extension of Time to File Rule 26(f)

meeting; Following a ruling on Plaintiff's motion to remand, a new deadline for

the parties' Rule 26(f) planning meeting will be established; Signed by

Magistrate Judge Sonja F. Bivins on 11/12/09. (mjn, ) (Entered: 11/13/2009)

11/16/2009 50 RESPONSE in Opposition re 43 MOTION to Remand filed by Category 5

Management Group, LLC. (Potts, Charles) (Entered: 11/16/2009)

11/18/2009 51 This action has been transferred from the docket of Magistrate Judge Sonja F.

Bivins and is now assigned to the docket of Senior Judge Charles R. Butler, Jr.

To ensure that your pleadings are referred to the proper Judge and Magistrate

Judge with as little delay as possible, please use the letter suffix CB-B after the

case number on all future pleadings. (mjn, ) (Entered: 11/18/2009)

11/19/2009 Case Reassigned to Chief Judge Callie V. S. Granade. Senior Judge Charles R.

Butler, Jr. no longer assigned to the case. (adk) (Entered: 11/19/2009)

11/19/2009 52 Documents endorsed NOTED by Chief Judge Callie V. S. Granade: Corporate

Disclosure Statement 6 filed by National Casualty Insurance Company,

Corporate Disclosure Statement 7 filed by Colonel McCrary Trucking, Inc.,

Corporate Disclosure Statement 8 filed by ACE American Insurance Company

(jts) (Entered: 11/19/2009)

05/20/2010 53 REPORT AND RECOMMENDATION that 43 MOTION to Remand filed by

Category 5 Management Group, LLC be DENIED. Objections to R&R due by

6/3/2010. Signed by Magistrate Judge Sonja F. Bivins on 05/19/2010. (mab)(Entered: 05/21/2010)

06/08/2010 54 ORDER ADOPTING 53 REPORT AND RECOMMENDATION. Plf's 43

MOTION to Remand is DENIED. Signed by Judge Callie V. S. Granade on

6/8/10. (tot) (Entered: 06/09/2010)

06/09/2010 55 Order, The parties are directed to meet and to file their Rule 26(f) report no

later than June 18, 2010. Signed by Magistrate Judge Sonja F. Bivins on

06/09/2010. (mab) (Entered: 06/10/2010)

06/18/2010 56 REPORT of Rule 26(f) Planning Meeting. (Johnson, John) (Entered:

06/18/2010)

06/21/2010 57 RULE 16(b) SCHEDULING ORDER: Pretrial Conference set for 5/9/2011 at

1:30 PM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile,

AL 36602 before Judge Callie V. S. Granade. Motions for leave to amend

pleadings due from pltf by by 9/15/2010; and from defendants by 10/1/2010.

Discovery cutoff 12/30/2010. Dispositive Motions due by 1/21/2011. Jury Trial


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set for the June 2011 trial term before Judge Callie V. S. Granade. ETT 4 days.

Jury Selection set for 6/1/2011 at 8:45 a.m. If conference to be held as set out

in order does not produce settlement, the parties' Joint Position Regarding

Settlement due by 12/30/2010. Joint Proposed Protective Order due by

7/9/2010. Signed by Magistrate Judge Sonja F. Bivins on 06/21/2010.

(Attachment: #(1) Judge Granade's Standing Pretrial Order) (mab) (Entered:

06/21/2010)

06/23/2010 58 NOTICE of Appearance by Sarah Bond Dorger on behalf of Category 5

Management Group, LLC (Dorger, Sarah) (Entered: 06/23/2010)

06/23/2010 59 Notice of Filing Pltff's Int and RFP to Defts filed by Category 5 Management

Group, LLC. (Potts, Charles) (Entered: 06/23/2010)

07/09/2010 60 Notice of Filing Initial Disclosures filed by Category 5 Management Group,

LLC. (Potts, Charles) (Entered: 07/09/2010)

07/12/2010 61 MOTION for Withdrawal of Attorney Jordan W Gerheim on behalf of Colonel

McCrary Trucking, Inc. (Gerheim, Jordan) Modified on 7/12/2010 (mab).

(Entered: 07/12/2010)

07/12/2010 62 Order, construing 61 Notice of Withdrawal to be a MOTION for Withdrawal as

Attorney for Colonel McCrary Trucking, Inc. Upon receipt of the notice of

appearance from new counsel, the motion to withdraw will be granted without

further order of the court. Signed by Judge Callie V. S. Granade on 07/12/2010.

(mab) (Entered: 07/12/2010)

07/13/2010 63 MOTION to Withdraw by Colonel McCrary Trucking, Inc.. (Thurber, Cooper)

(Entered: 07/13/2010)

07/13/2010 64 Order on MOTION for Withdrawal as Attorney for Colonel McCraryTrucking, Inc. 63 , upon receipt of the notice of appearance from new counsel,

the motion to withdraw will be granted without further order of the court.

Signed by Judge Callie V. S. Granade on 07/13/2010. (jts) (Entered:

07/13/2010)

07/16/2010 65 NOTICE of Appearance by Emily H. Nelson on behalf of Category 5

Management Group, LLC (Nelson, Emily) (Entered: 07/16/2010)

07/19/2010 66 MOTION for Rik S. Tozzi to Withdraw as Attorney by ACE American

Insurance Company. (Tozzi, Rik) (Entered: 07/19/2010)

07/19/2010 67 ENDORSED ORDER granting 66 Motion to Withdraw by Attorney RikStanford Tozzi on behalf of ACE American Insurance Company. Signed by

Judge Callie V. S. Granade on 07/19/2010. (mab) (Entered: 07/19/2010)

07/20/2010 68 MOTION to Compel by Category 5 Management Group, LLC. (Attachments:

# 1 Exhibit A, # 2 Exhibit B) (Potts, Charles) (Entered: 07/20/2010)


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07/21/2010 69 NOTICE of Appearance by L. Bratton Rainey, III on behalf of Colonel

McCrary Trucking, Inc. (Rainey, L.) (Entered: 07/21/2010)

07/21/2010 70 NOTICE of Appearance by Brigg Hails Austin on behalf of Colonel McCrary

Trucking, Inc. (Austin, Brigg) (Entered: 07/21/2010)

07/21/2010 71 Order, re: 68 MOTION to Compel filed by Category 5 Management Group,

LLC Defendants' responses due by 7/28/2010. Signed by Magistrate JudgeSonja F. Bivins on 07/21/2010. (mab) (Entered: 07/21/2010)

07/28/2010 72 MOTION for Summary Judgment by National Casualty Insurance Company.

(Attachments: # 1 Appendix Memorandum in Support of Motion for Summary

Judgment, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6


Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16

Appendix Proposed Findings of Fact and Conclusions of Law, # 17 Text of

Proposed Order Proposed Order) (Johnson, John) (Entered: 07/28/2010)

07/28/2010 73 RESPONSE to Motion re: 68 MOTION to Compel filed by National CasualtyInsurance Company. (Johnson, John) (Entered: 07/28/2010)

07/28/2010 74 MOTION for Protective Order by National Casualty Insurance Company.

(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Johnson, John)

(Entered: 07/28/2010)

07/28/2010 75 MOTION for Summary Judgment by ACE American Insurance Company.

(Attachments: # 1 Appendix Brief in Support of Motion for Summary

Judgment, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6


Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Appendix Suggested

Determinations of Undisputed Fact and Conclusions of Law, # 15 Text ofProposed Order Proposed Order) (Scivley, Michael) (Superseded by Doc. 161 .

Modified on 4/18/2011) (mab). (Entered: 07/28/2010)

07/28/2010 76 MOTION for Protective Order by ACE American Insurance Company.

(Attachments: # 1 Exhibit A, # 2 Exhibit B) (Scivley, Michael) (Entered:

07/28/2010)

07/28/2010 77 RESPONSE to Motion re: 68 MOTION to Compel filed by ACE American

Insurance Company. (Scivley, Michael) (Entered: 07/28/2010)

07/28/2010 78 Order re: 72 MOTION for Summary Judgment setting response time as

follows:Response to S/J due by 8/18/2010; Replies to Response to S/J due by9/1/2010; Motion to be taken under submission on 9/2/2010. Signed by Judge

Callie V. S. Granade on 7/28/10. (tot) (Entered: 07/28/2010)

07/28/2010 79 Order re 75 MOTION for Summary Judgment setting response time as

follows: Response to S/J due by 8/18/2010. Reply to Response to S/J due by

9/1/2010. Motion to be taken under submission on 9/2/2010. Signed by Judge


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Callie V. S. Granade on 07/28/2010. (mab) (Main Document 79 replaced on

9/12/2011) (mab). (Entered: 07/28/2010)

07/28/2010 80 Order re: 74 MOTION for Protective Order filed by National Casualty

Insurance Company, and 76 MOTION for Protective Order filed by ACE

American Insurance Company. Plaintiff is directed to file a response to the

motions on or before August 4, 2010. Signed by Magistrate Judge Sonja F.

Bivins on 07/28/2010. (mab) (Entered: 07/28/2010)

07/29/2010 81 MOTION for Extension of Time to File Response/Reply to Defendants'

Motions for Summary Judgment and Motions for Protective Order by Category

5 Management Group, LLC. (Potts, Charles) (Entered: 07/29/2010)

07/29/2010 82 Order, granting plaintiff's 81 MOTION for Extension of Time to File

Responses to Defendants' Motions for Summary Judgment (Docs. 72 & 75 )

and Motions for Protective Order (Docs. 74 & 76 ). The deadlines for plaintiff

to file its responses to said motions are extended to September 1, 2010. The

deadlines for the defendants to file their replies to the responses to the motions

for summary are extended to September 15, 2010. Defendants' motions forsummary judgment will be taken under submission on September 16, 2010.

Signed by Judge Callie V. S. Granade on 07/29/2010. (mab) (Entered:

07/29/2010)

09/01/2010 83 RESPONSE in Opposition re 72 MOTION for Summary Judgment, 75

MOTION for Summary Judgment filed by Category 5 Management Group,

LLC.; MOTION for Protection under Rule 56(f), Fed.R.Civ.P.; and Request for

Delay for Consideration of Defendants' Motions for Summary Judgment; and

RESPONSE to Defendant's 74 & 76 Motions for Protective Order

(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, # 10Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15

Exhibit O) (Potts, Charles) Modified on 9/1/2010 (mab). (Entered: 09/01/2010)

09/01/2010 Request for Delay for Consideration of Defendants' Motions for Summary

Judgment by Category 5 Management Group, LLC. (image at Doc. 83 )

Referred to Judge Callie V. S. Granade. (mab) (Entered: 09/01/2010)

09/15/2010 84 REPLY to 83 Response to 72 & 75 Motions for Summary Judgment, Rule

56(f) motion and Response to Motion for Protective Order, filed by National

Casualty Insurance Company. (Elliott, Edgar) (Entered: 09/15/2010)

09/15/2010 85 Response to 83 Request for Delay for Consideration of Defendants' 72 & 75Motions for Summary Judgment, filed by ACE American Insurance Company.

(Scivley, Michael) (Entered: 09/15/2010)

10/08/2010 86 Notice of Filing Notice of Filing Initial Disclosures filed by Colonel McCrary

Trucking, Inc.. (Austin, Brigg) (Entered: 10/08/2010)


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10/08/2010 87 Notice of Filing Interrogatories and Request for Production to Plaintiff filed by

Colonel McCrary Trucking, Inc.. (Austin, Brigg) (Entered: 10/08/2010)

10/13/2010 88 Notice of Filing Request for Admissions and Second Set of Interrogatories and

Request for Production filed by Colonel McCrary Trucking, Inc.. (Austin,

Brigg) (Entered: 10/13/2010)

10/29/2010 89 MOTION to Stay Discovery by Category 5 Management Group, LLC. (Potts,Charles) (Superseded by Doc. 90 . Modified on 10/29/2010.)(mab). (Entered:

10/29/2010)

10/29/2010 90 Revised MOTION to Stay Discovery by Category 5 Management Group, LLC.

(Potts, Charles) (Entered: 10/29/2010)

11/05/2010 91 Order, This matter is hereby scheduled for a discovery conference before the

undersigned Magistrate Judge on November 12, 2010, at 10:00 a.m. in

Courtroom 1A re: Plaintiff's 68 Motion to Compel, 74 MOTION for Protective

Order filed by National Casualty Insurance Company, 76 MOTION for

Protective Order filed by ACE American Insurance Company, Plaintiff's 83Response in Opposition to Motions for Summary Judgment and MOTION for

Protection under Rule 56(f), and Plaintiff's 90 MOTION to Stay Discovery.

Signed by Magistrate Judge Sonja F. Bivins on 11/05/2010. (mab) (Entered:

11/08/2010)

11/09/2010 92 Order, RESCHEDULING Discovery Conference for 11/23/2010 at 10:00 AM

in US Courthouse, Courtroom 1A. Signed by Magistrate Judge Sonja F. Bivins

on 11/09/2010. (mab) (Entered: 11/09/2010)

11/23/2010 Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins:

Discovery Hearing held on 11/23/2010. Counsel present: Charles Potts,

Michael Scivley, Scott Salter, Edgar Elliott, John Johnson and Brigg Austin;FTR Digital Audio Recording. (mjn) (Entered: 11/23/2010)

11/30/2010 93 Order, the undersigned finds that under the circumstances of this

case,bifurcating discovery is not appropriate. An Amended Scheduling Order

is being issued simultaneously with the instant Order. Signed by Magistrate

Judge Sonja F. Bivins on 11/30/2010. (mab) (Entered: 11/30/2010)

11/30/2010 94 AMENDED RULE 16(b) SCHEDULING ORDER: Pretrial Conference set for

8/9/2011 at 9:00 AM in US Courthouse, Judge's Chambers, 113 St. Joseph

Street, Mobile, AL 36602 before Judge Callie V. S. Granade. Motions to

amended pleadings due from plaintiff by 1/14/2011, and from defendants by2/14/2011. Discovery cutoff 3/31/2011. Dispositive Motions due by 4/15/2011.

Jury Selection set for 8/30/2011 at 8:45 AM. Jury Trial set for the September

2011 term before Judge Callie V. S. Granade. ETT 4 days. Joint Position

Regarding Settlement due by 3/31/2011. Plaintiff's response to Defendants'

Motions for summary judgment (Docs. 72 and 75 ) due by 2/14/2011.

Defendants' replies due by 2/28/2011. Signed by Magistrate Judge Sonja F.


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Bivins on 11/30/2010. (Attachment: # 1 Judge Granade's Standing Pretrial

Order) (mab) (Entered: 11/30/2010)

12/21/2010 95 ANSWER to Amended Cross Claim by Colonel McCrary Trucking, Inc.

(Austin, Brigg) (Entered: 12/21/2010)

01/06/2011 96 NOTICE of Filing Proposed Order by National Casualty Insurance Company

Proposed Protective Order (Elliott, Edgar) (Entered: 01/06/2011)

01/06/2011 97 NOTICE of Filing Proposed Order by National Casualty Insurance Company

Proposed Protective Order (Elliott, Edgar) (Entered: 01/06/2011)

01/18/2011 98 MOTION to Amend Scheduling Order/Modify by Category 5 Management


01/19/2011 100 ORDER granting unopposed 98 Motion to Modify 94 Scheduling Order, and

resetting Dispositive Motions deadline for 4/15/2011. Responses to motions for

summary judgment due 4/29/11, and replies due 5/6/2011 pursuant to parties'

agreement. Signed by Magistrate Judge Sonja F. Bivins on 1/19/2011. (mab)

(Entered: 01/20/2011)

01/20/2011 99 Notice of Filing Notice of Discovery - Notice of Deposition Pursuant to Rule

30(b)(6) of National Casualty Insurance Company and Request for Production

of Documents Pursuant to Rule 30(b)(5) filed by Category 5 Management


01/27/2011 101 MOTION for Extension of Time to Name Experts by Category 5 Management


01/28/2011 102 PROTECTIVE ORDER entered. Signed by Magistrate Judge Sonja F. Bivins

on 1/28/2011. (mab) (Entered: 01/28/2011)

01/28/2011 103 ORDER granting Plaintiff's 101 Motion for Extension. Plaintiff's expert

disclosure deadline extended to 2/15/2011. Defendants' expert disclosure

deadline extended to 3/15/2011. Discovery is to be completed by 3/31/2011.

There will be no further extension. Signed by Magistrate Judge Sonja F. Bivins

on 1/28/2011. (mab) (Entered: 01/28/2011)

02/08/2011 104 Notice of Filing Plaintiff's Responses to Interrogatories & Request for

Production filed by Category 5 Management Group, LLC. (Potts, Charles)

(Entered: 02/08/2011)

02/08/2011 105 Notice of Filing Depostion Notice filed by Category 5 Management Group,


02/10/2011 106 Notice of Filing Notice of Deposition filed by National Casualty Insurance

Company. (Johnson, John) (Entered: 02/10/2011)

02/15/2011 107 Notice of Filing Expert Witness Disclosure filed by Category 5 Management



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02/18/2011 108 MOTION to QuashNon-Party Subpoena by National Casualty Insurance

Company. (Attachments: # 1 Exhibit A) (Johnson, John) (Entered: 02/18/2011)

02/18/2011 109 (VACATED 2/23/11) ORDER, granting plaintiff an extension until 2/23/11 to

file its response to motions for summary judgment (Docs. 72 & 75 ) as set out

in order. Signed by Judge Callie V. S. Granade on 2/18/2011. (mab) Modified

on 2/23/2011 (mab). (Entered: 02/18/2011)

02/21/2011 110 Notice of Filing Deposition of ACE filed by Category 5 Management Group,


02/21/2011 111 MOTION to VacateDiscovery Order by Category 5 Management Group, LLC.


02/21/2011 112 Notice of Filing Amended Notice of Deposition filed by Category 5


02/22/2011 113 Order 108 MOTION to Quash Non-Party Subpoena filed by National Casualty

Insurance Company. Plaintiff's response due by 3/8/2011. Signed by Magistrate

Judge Sonja F. Bivins on 2/22/2011. (mab) (Entered: 02/22/2011)

02/23/2011 114 ENDORSED ORDER granting 111 Motion to Vacate 109 Order to Show

Cause. Signed by Judge Callie V. S. Granade on 2/23/2011. (mab) (Entered:

02/23/2011)

02/24/2011 115 Notice of Filing Objections to Plaintiff's 30(b)(5) Document Request filed by

National Casualty Insurance Company. (Johnson, John) (Entered: 02/24/2011)

03/01/2011 116 Notice of Filing Notice of Service of Discovery filed by National Casualty


03/01/2011 117 MOTION to CompelDocuments from Masterson & Newellby ACE AmericanInsurance Company. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit

B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D) (Salter, Scott) (Entered:

03/01/2011)

03/01/2011 118 MOTION to Compel Production of Documents from Defendant National

Casualty Co. Or In Alternative, Motion for In Camera Inspection of Requested

Documents by Category 5 Management Group, LLC. (Attachments: # 1

Exhibit A) (Potts, Charles) (Entered: 03/01/2011)

03/03/2011 119 Notice of Filing Objections to Plaintiff's 30(b)(5) and (6) Deposition Notice

and Document Request filed by ACE American Insurance Company. (Salter,

Scott) (Entered: 03/03/2011)

03/03/2011 120 Order, re: Defendant ACE American Insurance Company's 117 MOTION to

Compel Documents from Non-party Masterson & Newell; and Plaintiff's 118

MOTION to Compel Production of Documents. Non-party Masteron &

Newell's response to 117 motion due 3/14/2011. ACE American's reply due

3/21/11. National Casualty Company's response to 118 motion due 3/14/2011.


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Plaintiff's reply due 3/21/11. Signed by Magistrate Judge Sonja F. Bivins on

3/3/2011. (copy mailed to non-party as directed) (mab) (Entered: 03/03/2011)

03/04/2011 121 Notice of Filing Notice of Deposition filed by National Casualty Insurance

Company. (Johnson, John) (Entered: 03/04/2011)

03/07/2011 122 Notice of Filing Deposition Notice of Jay R. Sever, Esq. filed by Category 5


03/07/2011 123 Notice of Filing Notice of Deposition of J. Patrick Courtney filed by National

Casualty Insurance Company. (Johnson, John) (Entered: 03/07/2011)

03/09/2011 124 Joint MOTION to Modify Scheduling Order by Colonel McCrary Trucking,

Inc.. (Rainey, L.) (Entered: 03/09/2011)

03/11/2011 125 Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: A

discovery conference was held on March 11, 2011, with counsel for the parties

participating by telephone. (dfd) (Entered: 03/11/2011)

03/11/2011 126 Order, the allegations contained in Defendant's 108 MOTION to Quash Non-Party Subpoena are uncontested. Accordingly, the non-party subpoena issued

to Phelps Dunbar, LLP is deemed defective and is quashed. The parties' 124

Joint MOTION to Amend Scheduling Order is granted, in part, and denied in

part. Plaintiff is directed to make its experts available for deposition on or

before 3/25/11. Deadline for Defendants' expert disclosures is extended to

3/31/11, and Defendants are directed to make their experts available for

deposition no later than 4/8/11. Signed by Magistrate Judge Sonja F. Bivins on

3/11/2011. (mab) (Entered: 03/11/2011)

03/14/2011 127 Response to 117 Motion to Compel Documents from Masterson & Newell filed

by ACE American Insurance Company, and Motion for Protective Order, filedby Category 5 Management Group, LLC. (Attachments: # 1 Exhibit A) (Potts,

Charles) Modified on 3/14/2011 (mab). (Entered: 03/14/2011)

03/14/2011 128 RESPONSE to Motion re: 118 MOTION to Compel Production of Documents

from Defendant National Casualty Co. Or In Alternative, Motion for In

Camera Inspection of Requested Documents filed by National Casualty

Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C,

# 4 Exhibit D) (Johnson, John) (Entered: 03/14/2011)

03/17/2011 129 Notice of Filing Amended Deposition Notice filed by Category 5 Management


03/18/2011 130 REPLY to 127 Response to 117 Motion to Compel, filed by ACE American

Insurance Company. (Attachments: # 1 Exhibit Excerpts from Larry Morris

deposition, # 2 Exhibit Excerpts from John S. Sims, Jr. deposition) (Scivley,

Michael) (Entered: 03/18/2011)


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03/23/2011 131 Notice of Filing Amended/Supplemental Responses to Discovery Propounded

by ACE filed by Category 5 Management Group, LLC. (Potts, Charles)

(Entered: 03/23/2011)

03/28/2011 132 Joint MOTION for Extension of Page Limitation Allowed for Summary

Judgment Briefs, filed by ACE American Insurance Company. (Scivley,


03/29/2011 133 ENDORSED ORDER granting 132 Motion for Leave to File Excess Pages for

Summary Judgment Briefs. Signed by Judge Callie V. S. Granade on

3/29/2011. (tot) (Entered: 03/29/2011)

03/31/2011 134 Notice of Filing Notice of Service of Discovery filed by National Casualty


03/31/2011 135 Joint Position Regarding Settlement (Parties' Joint Statement as to Settlement)

filed by Category 5 Management Group, LLC. (Potts, Charles) (Entered:

03/31/2011)

03/31/2011 136 Notice of Filing Notice of Deposition filed by Category 5 Management Group,LLC. (Potts, Charles) (Entered: 03/31/2011)

03/31/2011 137 Notice of Filing Expert Disclosures filed by ACE American Insurance

Company. (Scivley, Michael) (Entered: 03/31/2011)

04/01/2011 138 NOTICE of Endorsement by ACE American Insurance Company re: 135

Position Regarding Settlement (Salter, Scott) (Entered: 04/01/2011)

04/01/2011 139 NOTICE of Endorsement by National Casualty Insurance Company re: 135

Position Regarding Settlement (Elliott, Edgar) (Entered: 04/01/2011)

04/01/2011 140 NOTICE of Endorsement by Colonel McCrary Trucking, Inc. re: 135 PositionRegarding Settlement (Austin, Brigg) (Entered: 04/01/2011)

04/04/2011 141 Notice of Filing filed by Category 5 Management Group, LLC. (Potts, Charles)

(Entered: 04/04/2011)

04/06/2011 142 Document endorsed NOTED by Magistrate Judge Sonja F. Bivins: Parties'

Joint Position Regarding Settlement (Doc. 135), filed by Category 5

Management Group, LLC. (Bivins, Sonja) (Entered: 04/06/2011)

04/06/2011 143 MOTION to Withdraw Original 72 Brief and File Substituted Brief on

Summary Judgment by National Casualty Insurance Company. (Elliott, Edgar)

(Entered: 04/06/2011)

04/06/2011 144 ENDORSED ORDER granting 143 Motion to Withdraw Original Brief in

support of the Motion for Summary Judgment 72 filed by National Casualty

Insurance Company. The new brief shall be filed by 04/15/2011, with any

Response to be filed by 04/29/2011, and reply to be filed by 5/6/2011. Signed

by Judge Callie V. S. Granade on 4/6/2011. (jts) (Entered: 04/06/2011)


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04/07/2011 145 ORDER granting 117 Motion to Compel filed by ACE American Insurance

Company; and denying 118 Motion to Compel filed by Category 5

Management Group, LLC.Signed by Magistrate Judge Sonja F. Bivins on

4/7/2011. (mab) (Entered: 04/08/2011)

04/14/2011 146 MOTION to Withdraw 75 Original Brief and File Substituted Brief on

Summary Judgment, by ACE American Insurance Company. (Scivley,


04/15/2011 147 ENDORSED ORDER granting 146 Motion for Leave to Withdraw Original

Brief [75-1] and File Substituted Brief on Summary Judgment by ACE

American Insurance Company. The new brief shall be filed by 04/15/2011,

with any Response to be filed by 04/29/2011, and reply to be filed by 5/6/2011.

Signed by Judge Callie V. S. Granade on 4/15/2011. (jts) (Entered: 04/15/2011)

04/15/2011 148 MOTION for Summary Judgment by Colonel McCrary Trucking, Inc..

(Attachments: # 1 Text of Proposed Order Proposed Order of Judgment)


04/15/2011 149 Brief filed by Colonel McCrary Trucking, Inc. in Support of Motion for

Summary Judgmentfiled by Colonel McCrary Trucking, Inc.. (Austin, Brigg)

(Entered: 04/15/2011)

04/15/2011 150 NOTICE of Filing ExhibitsA by Colonel McCrary Trucking, Inc. re: 149 Brief

filed by Colonel McCrary Trucking, Inc.. (Attachments: # 1 Exhibit A)


04/15/2011 151 NOTICE of Filing Exhibits by Colonel McCrary Trucking, Inc. re: 150 Notice

of Filing Exhibits filed by Colonel McCrary Trucking, Inc.. (Attachments: # 1

Exhibit B-D, # 2 Exhibit E-G, # 3 Exhibit H-M, # 4 Exhibit N-S) (Austin,


04/15/2011 152 NOTICE of Filing Exhibits by Colonel McCrary Trucking, Inc. re: 150 Notice

of Filing Exhibits filed by Colonel McCrary Trucking, Inc.. (Attachments: # 1

Exhibit T-U) (Austin, Brigg) (Additional attachment(s) added on 4/21/2011: #

2 Redacted Copy of Exh T-U) (mab). (Entered: 04/15/2011)

04/15/2011 153 Brief filed by National Casualty Insurance Company re 72 MOTION for

Summary Judgment. (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 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, #

14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit18, # 19 Exhibit 19, # 20 Text of Proposed Order Suggested Determinations of

Undisputed Fact and Conclusions of Law, # 21 Text of Proposed Order

Proposed Order) (Elliott, Edgar) (Entered: 04/15/2011)

04/15/2011 154 MOTION for Summary Judgment by Category 5 Management Group, LLC.



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04/15/2011 155 MOTION for Partial Summary Judgment by Category 5 Management Group,


04/15/2011 156 NOTICE of Filing Exhibits -Evidence in Support of Plaintiff's 154 & 155

Motions for Summary Judgmentby Category 5 Management Group, LLC

(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, #

6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (Potts, Charles) (Entered:

04/15/2011)

04/15/2011 157 NOTICE of Filing Exhibits -Evidence in Support of Plaintiff's 154 & 155



6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)


04/15/2011 158 NOTICE of Filing ExhibitsEvidence in Support of Plaintiff's 154 & 155



6 Exhibit) (Potts, Charles) (Entered: 04/15/2011)

04/15/2011 159 Plaintiff's Combined Brief in Support of154 & 155 Motions for Summary

Judgment, filed by Category 5 Management Group LLC. (Potts, Charles)

(Entered: 04/15/2011)

04/15/2011 160 Determinations of Undisputed Fact re: Plaintiff's Motions for Summary

Judgment (Doc. 154 & 155 ) by Category 5 Management Group, LLC. (Potts,

Charles) (Entered: 04/15/2011)

04/15/2011 161 MOTION for Summary Judgment by ACE American Insurance Company.

(Attachments: # 1 Supplement Brief in Support of Motion for Summary

Judgment, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C,# 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit

Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J,

# 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L, # 14 Exhibit Exhibit M, # 15

Exhibit Exhibit N, # 16 Exhibit Exhibit O, # 17 Exhibit Exhibit P, # 18 Exhibit

Exhibit Q, # 19 Exhibit Exhibit R, # 20 Exhibit Exhibit S, # 21 Exhibit Exhibit

T, # 22 Exhibit Exhibit U, # 23 Exhibit Exhibit V, # 24 Text of Proposed Order

Proposed Findings of Fact and Conclusions of Law, # 25 Text of Proposed

Order Proposed Order on Motion for Summary Judgment) (Scivley, Michael)

(Entered: 04/15/2011)

04/18/2011 162 NOTICE of Filing Proposed Order by Category 5 Management Group, LLC re:159 Brieffor Summary Judgment(Potts, Charles) (Entered: 04/18/2011)

04/18/2011 163 Order, re MOTIONs for Summary Judgment (Docs. 72 , 148 , 154 , 155 and

161 ) setting response time as follows: Responses to S/J due by 4/29/2011.

Replies to Responses to S/J due by 5/6/2011. Motions to be taken under

submission on 5/9/2011. Signed by Judge Callie V. S. Granade on 4/18/2011.


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(mab) (Entered: 04/19/2011)

04/25/2011 164 Pretrial Disclosure by Category 5 Management Group, LLC. (Potts, Charles)

Modified on 4/25/2011 (mab). (Entered: 04/25/2011)

04/25/2011 165 Rule 26(a)(3) Pretrial Disclosures re 94 Scheduling Order, by National

Casualty Insurance Company. (Elliott, Edgar) Modified on 4/25/2011 (mab).

(Entered: 04/25/2011)

04/25/2011 166 Notice of Filing Rule 26 Pretrial Disclosures filed by Colonel McCrary

Trucking, Inc.. (Austin, Brigg) (Entered: 04/25/2011)

04/25/2011 167 Notice of Filing Notice of Filing Rule 26 Pretrial Disclosures filed by ACE

American Insurance Company. (Scivley, Michael) (Entered: 04/25/2011)

04/29/2011 168 MOTION to Strike Certain Evidentiary Exhibits in support of Category 5

Management Group LLC's 159 Combined Brief re: 154 & 155 Motions for

Summary Judgment contained in Docs. 156 , 157 , 158 and 159 , filed by ACE

American Insurance Company. (Salter, Scott) (Entered: 04/29/2011)

04/29/2011 169 RESPONSE in Opposition re 148 MOTION for Summary Judgmentfor Def.

Col. McCrary Trucking filed by Category 5 Management Group, LLC. (Potts,


04/29/2011 170 RESPONSE in Opposition re 72 MOTION for Summary Judgment, 161

MOTION for Summary Judgmentfor NCC and ACEfiled by Category 5


04/29/2011 171 MOTION to Strike Doc. 158 The Affidavit of C. William Daniels, Jr. by ACE

American Insurance Company. (Salter, Scott) (Entered: 04/29/2011)

04/29/2011 172 MOTION to Strike 158Affidavit of C. William Daniels, Jr. in support of154 &155 Plaintiff's Ms/SJ, filed by National Casualty Insurance Company. (Elliott,

Edgar) (Entered: 04/29/2011)

04/29/2011 173 RESPONSE in Opposition re 154 MOTION for Summary Judgmentfiled by

Category 5 Managementfiled by Colonel McCrary Trucking, Inc.. (Austin,


04/29/2011 174 MOTION to Strike certain Evidentiary Exhibits attached to Docs. 156 , 157 ,

158 and 159 filed in support of154 & 155 Ms/SJ, by National Casualty

Insurance Company. (Elliott, Edgar) (Entered: 04/29/2011)

04/29/2011 175 MOTION to Strike 158 Affidavit of C. William Daniels, Jr. filed in support of154 by Colonel McCrary Trucking, Inc. (Austin, Brigg) (Entered: 04/29/2011)

04/29/2011 176 RESPONSE to Motion re: 155 MOTION for Partial Summary Judgment filed

by National Casualty Insurance 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 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit


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12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17

Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21,

# 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit

26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31

Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35,

# 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit

40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44) (Elliott,Edgar) (Entered: 04/29/2011)

04/29/2011 177 RESPONSE in Opposition re 155 MOTION for Partial Summary Judgment

filed by ACE American Insurance Company. (Attachments: # 1 Exhibit W, # 2

Exhibit X, # 3 Exhibit Y, # 4 Exhibit Z, # 5 Exhibit AA, # 6 Exhibit BB, # 7

Exhibit CC) (Scivley, Michael) (Entered: 04/29/2011)

05/06/2011 178 REPLY to 170 Response to Motion 72 filed by National Casualty Insurance

Company. (Attachments: # 1 Exhibit 1) (Johnson, John) (Entered: 05/06/2011)

05/06/2011 179 REPLY to 176 & 177 Responses to 155 Motion for Partial Summary Judgment

filed by Category 5 Management Group, LLC. (Potts, Charles) (Entered:05/06/2011)

05/06/2011 180 REPLY to 173 Response in Opposition to 154 Motionfor Summary Judgment

filed by Category 5 Management Group, LLC. (Potts, Charles) (Entered:

05/06/2011)

05/06/2011 181 RESPONSE in Opposition to 168 & 167 MOTIONs to StrikeEvidentiary

Exhibits attached to Docs. 156 , 157 , 158 and 159 , filed by Category 5


05/06/2011 182 Collective RESPONSE in Opposition to 171 , 172 & 175 MOTIONs to Strike

Affidavit of C. William Daniels, Jr. in support of154 & 155 Ms/SJ, filed byCategory 5 Management Group, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit,

# 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)


05/06/2011 183 REPLY Brief filed by Defendant ACE American Insurance Company re: 161

MOTION for Summary Judgment filed by ACE American Insurance

Company. (Attachments: # 1 Exhibit DD) (Scivley, Michael) (Entered:

05/06/2011)

05/06/2011 184 REPLY Brief filed by Defendant Colonel McCrary Trucking, Inc. re: 169

Response in Opposition to 148 Motion for Summary Judgment (Austin, Brigg)(Entered: 05/06/2011)

05/17/2011 185 MOTION to Strike Plaintiff's 179 Reply Brief re: 155 M/SJ, by ACE American

Insurance Company. (Salter, Scott) (Entered: 05/17/2011)

05/19/2011 186 RESPONSE in Opposition re 185 MOTION to Strike Plaintiff's Reply Brief

(Doc. 179) re: 155 M/SJ, filed by Category 5 Management Group, LLC. (Potts,


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06/09/2011 187 MOTION to Continue Trial Setting by National Casualty Insurance Company.

(Elliott, Edgar) (Entered: 06/09/2011)

06/09/2011 188 Order, granting in part 187 MOTION to Continue Trial Setting filed by

National Casualty Insurance Company. Trial CONTINUED to the December

2011 term, commencing with Jury Selection on 11/29/2011. PretrialConference RESCHEDULED for 11/7/2011 at 9:30 AM in US Courthouse,

Judge's Chambers. Parties' Proposed Pretrial Order due by 10/31/2011. Signed

by Judge Callie V. S. Granade on 6/9/2011. (mab) (Entered: 06/09/2011)

09/16/2011 189 PRETRIAL DOCKET for November 7, 2011 issued. Joint Pretrial Document

due 10/31/2011, unless otherwise ordered by the court. (Attachments: # 1

Judge Granade's Standing Pretrial Order) (mab) (Entered: 09/16/2011)

10/05/2011 190 ORDER granting National Casualty Insurance Company's 72 Motion for

Summary Judgment; granting Colonel McCrary Trucking, Inc.'s 148 Motion

for Summary Judgment; denying Category 5 Management Group, LLC's 154

& 155 Motions for Summary Judgment; and granting ACE American

Insurance Company's 161 Motion for Summary Judgment. The NCIC's and

ACE's motions to strike certain experttestimony, (Docs. 168 and 174 ), and

ACE's motion to strike plaintiff's reply brief(Doc. 185 ), are denied as MOOT.

Signed by Judge Callie V. S. Granade on 10/5/2011. (mab) (Entered:

10/05/2011)

10/05/2011 191 FINAL JUDGMENT in favor of ACE American Insurance Company, Colonel

McCrary Trucking, Inc., National Casualty Insurance Company against

Category 5 Management Group, LLC. Plaintiff's claims against said defendants

arehereby DISMISSED WITH PREJUDICE. Costs are to be taxed against

theplaintiff. Signed by Judge Callie V. S. Granade on 10/5/2011. (mab)

(Entered: 10/05/2011)


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CATEGORY 5 MANAGEMENT GROUP, LLC v. NATIONAL CASUALTY INSURANCE COMPANY et al 1:09-cv-00633 Docket

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Transcript of CATEGORY 5 MANAGEMENT GROUP, LLC v. NATIONAL CASUALTY INSURANCE COMPANY et al 1:09-cv-00633 Docket