Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:00-cv-01841-LTB-KLM Document 237-3

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APPEAL, NDISPO, REOPEN, TERMED

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:00-cv-01841-LTB-KLM

Clark v. State Farm Mtl Auto Assigned to: Judge Lewis T. Babcock Referred to: Magistrate Judge Kristen L. Mix Demand: $0 Case in other court: USCA, 07-01454 01-01341 04-01022 04-01023 04-01315 Pueblo Cty Dist Ct, 00CV 888 Cause: 28:1332 Diversity-Insurance Contract Plaintiff Ricky Eugene Clark on behalf of himself and all others similarly situated

Date Filed: 09/19/2000 Date Terminated: 09/18/2007 Jury Demand: Plaintiff Nature of Suit: 110 Insurance Jurisdiction: Diversity

represented by Leif Garrison Carey Law Firm, The 2301 East Pikes Peak Avenue Colorado Springs, CO 80909 719-635-0377 Fax: 719-635-2920 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Bruce Carey Carey Law Firm, The 2301 East Pikes Peak Avenue Colorado Springs, CO 80909 719-635-0377 Fax: 719-635-2920 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED L. Daniel Rector Franklin D. Azar & Associates, PCColorado Springs 5536 Library Lane Colorado Springs, CO 80918 719-527-8000 Email: [email protected]

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ATTORNEY TO BE NOTICED V. Defendant State Farm Mutual Automobile Insurance Company an Illinois Corporation represented by Mark William Fischer Mark W. Fischer, Attorney at Law 285 Iroquois Drive Boulder, CO 80302-5414 303-888-4822 Email: [email protected] TERMINATED: 04/18/2007 LEAD ATTORNEY Michael S. McCarthy Faegre & Benson, LLP-Denver 1700 Lincoln Street Wells Fargo Center #3200 Denver, CO 80203-4532 303-607-3500 Fax: 303-607-3600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Todd Philip Walker Faegre & Benson, LLP-Denver 1700 Lincoln Street Wells Fargo Center #3200 Denver, CO 80203-4532 303-607-3500 Fax: 303-607-3600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED K. Megan Doberneck Covad Communications Company 7901 Lowry Boulevard Denver, CO 80230 720-670-3636 Fax: 720-670-3350 Email: [email protected] Marie Elizabeth Williams Faegre & Benson, LLP-Denver 1700 Lincoln Street Wells Fargo Center

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#3200 Denver, CO 80203-4532 303-607-3689 Email: [email protected] ATTORNEY TO BE NOTICED Russell O. Stewart Faegre & Benson, LLP-Denver 1700 Lincoln Street Wells Fargo Center #3200 Denver, CO 80203-4532 303-607-3500 Fax: 303-607-3600 Email: [email protected] ATTORNEY TO BE NOTICED

Date Filed 09/19/2000 09/19/2000 09/19/2000 09/25/2000 09/26/2000

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Docket Text NOTICE OF REMOVAL from Pueblo County District Court Case Number: 00 CV 888 (former empl) (Entered: 09/20/2000) COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 09/20/2000) FILING FEE PAID: on 9/19/00 in the amount of $ 150, receipt # 219675. (former empl) (Entered: 09/20/2000) 2 3 MOTION by defendant State Farm Mtl Auto to extend time to answer to 10/16/00 (former empl) (Entered: 09/27/2000) MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion to extend time to answer to 10/16/00 [2-1] (cc: all counsel) ; entry date : 9/27/00 (former empl) (Entered: 09/27/2000) MOTION and Supporting Memorandum of Points and Authorities by defendant State Farm Mtl Auto to dismiss [pursuant to Rule 12(b)(6)] (former empl) (Entered: 10/17/2000) MINUTE ORDER : by Chief Judge Lewis T. Babcock pltf has to/including 11/6/00 to respond regarding [4-1] motion to dismiss [pursuant to Rule 12(b)(6)] (cc: all counsel) ; entry date : 10/18/00 (former empl) (Entered: 10/18/2000) Unopposed MOTION by plaintiff Ricky Eugene Clark to extend time to respond to dft's motion/brief to dismiss (former empl) (Entered: 11/01/2000) MINUTE ORDER : by Chief Judge Lewis T. Babcock granting to/including 11/13/00 pltf's unopposed motion to extend time to respond to dft's motion/brief to dismiss [6-1], regarding [4-1] motion to dismiss [pursuant to Rule 12(b)(6)] (cc: all counsel) ; entry date : 11/1/00 (former

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empl) (Entered: 11/01/2000) 11/13/2000 11/15/2000 11/16/2000 11/16/2000 11/16/2000 8 9 10 11 12 RESPONSE by plaintiff to motion to dismiss [pursuant to Rule 12(b)(6)] [4-1] (gms) (Entered: 11/20/2000) Unopposed MOTION by defendant for leave to file reply brief in support of its motion to dismiss cmp (gms) (Entered: 11/20/2000) Unopposed MOTION by plaintiff for leave to substitute response to motion to dismiss filed 11/15/00 (gms) (Entered: 11/20/2000) RESPONSE by plaintiff to motion to dismiss [pursuant to Rule 12(b)(6)] [4-1] (gms) (Entered: 11/20/2000) MINUTE ORDER : by Chief Judge Lewis T. Babcock granting deft's unopposed motion for leave to file reply brief in support of its motion to dismiss cmp [9-1], reply brief to [4-1] motion to dismiss [pursuant to Rule 12(b)(6)] due 12/1/00 (cc: all counsel) ; entry date : 11/20/00 (gms) (Entered: 11/20/2000) MINUTE ORDER : by Chief Judge Lewis T. Babcock granting pla's unopposed motion for leave to substitute response to motion to dismiss filed 11/15/00 [10-1]. [11-1] Response to motion to dismiss filed 11/16/00 is substituted for previously filed response [8-1] (cc: all counsel) ; entry date : 11/20/00 (gms) (Entered: 11/20/2000) REPLY BRIEF by defendant State Farm Mtl Auto to response to motion to dismiss [pursuant to Rule 12(b)(6)] [4-1] (former empl) (Entered: 12/06/2000) NOTICE OF RELATED PENDING CASES Pursuant to Local Rule 7.1 (K) by plaintiff Ricky Eugene Clark (former empl) (Entered: 03/01/2001) ORDER by Chief Judge Lewis T. Babcock granting Dft's motion to dismiss [pursuant to Rule 12(b)(6)] [4-1]; Costs are awarded to Dft (cc: all counsel) ; entry date : 6/21/01 (dlb) (Entered: 06/21/2001) JUDGMENT: by Stephen P. Ehrlich, Chief Deputy Clerk for Clerk James R. Manspeaker in accordance with [16-1] order Order: dft's motion to dismiss granted and JUDGMENT entered for dft against Ricky Eugene Clark and the complaint and action are dismissed; Further Ordered: dft is awarded its costs on the filing of a bill of costs with the clerk of the court within 10 days of entry of judgment (cc: all counsel) ; entry date : 6/28/01 (former empl) (Entered: 06/28/2001) NOTICE OF APPEAL by plaintiff of 6/28/01 judgment [17-2] ; Notice of transcript order form due 7/23/01 ; Notice mailed to all counsel on 7/13/01 (former empl) (Entered: 07/13/2001) $100.00 fee and $5.00 fee paid. Receipt No 227216. RE: appeal [18-1] (former empl) (Entered: 07/13/2001) 20 21 Stipulation Regarding Bill of Costs (former empl) (Entered: 07/19/2001) Bill of COSTS taxed judgment [17-2] for defendant in the amount of $

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275.55 against plaintiff (cc: all counsel) (former empl) (Entered: 07/19/2001) 07/17/2001 07/19/2001 07/27/2001 19 22 23 NOTIFICATION by Circuit Court of assignment of Case No. [18-1] 011341 (former empl) (Entered: 07/18/2001) LETTER to USCA to supplement the prelim record w/docs. 20 & 21 (Re: [18-1] ) (former empl) (Entered: 07/19/2001) NOTICE OF TRANSCRIPT ORDER FORM filed by plaintiff ; Transcript Not Necessary for appeal [18-1] (former empl) (Entered: 07/27/2001) LETTER to USCA and cnsl advising that the record on appeal is complete (Re: [18-1] ) (former empl) (Entered: 07/27/2001) NOTICE of Change of telephone and facsimile number of Faegre & Benson LLP by defendant State Farm Mtl Auto (former empl) (Entered: 07/29/2002) MANDATE from the Court of Appeals; CA # 01-1341; Dt issued 4/7/03; JUDGMENT filed 2/11/03 reversing the dismissal of Clark's reformation claim and remanding for futher proceedings consistent with this opinion. The dismissal of Clark's deceptive trade practices is affirmed. re: [Appeal [18-1] (msn) (Entered: 04/08/2003) MINUTE ORDER : by Chief Judge Lewis T. Babcock ; status conf set for 2:00 4/24/03 (cc: all counsel) ; entry date : 4/11/03 (former empl) (Entered: 04/11/2003) ANSWER by defendant State Farm Mtl Auto to complaint [0-1] (former empl) (Entered: 04/18/2003) Case Management Proposal MOTION by defendant State Farm Mtl Auto for order establishing a three-step case management approach to this case for further proceedings on Remand in connection wih the Status/Scheduling Hrg set for 4/24/03 (erv) (Entered: 04/23/2003) COURTROOM MINUTES by Chief Judge Lewis T. Babcock ; status conf held 4/24/03 ; hearing prep conference set for 4:00 10/17/03 ; in court hrg set for 11/3/03 ; entry date : 4/25/03 Court Reporter: Gwen Daniel (dlb) (Entered: 04/25/2003) ORDER signed by Chief Judge Lewis T. Babcock regarding [30-2] minutes, granting motion for order establishing a three-step case management approach to this case [29-1] as follows: remaining issues to be resolved in this order: effective date of reformation for the insurance policy under which Mr. Clark claims benefits; if necessary, wehterh the class identified by MR. Clark should properly be certified; if necessary and appropriate, the remedies to be awarded after the class certification proceedings have been completed ; hearing preparation conf set for 4:00 10/17/03 ; in court hrg to determine the effective date of reformation for the insurance policy under which Mr. Clark claims benefits set for 8:30 11/3/03 (cc: all counsel) ; entry date : 4/29/03 (former empl) (Entered:

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04/29/2003) 05/06/2003 32 ORDER R16 stat stlmt pt pto Case referred to Magistrate Judge Patricia A. Coan signed 5/6/03 by Chief Judge Lewis T. Babcock (cc: to counsel) (former empl) (Entered: 05/07/2003) NOTICE of Change of address of Faegre & Benson by defendant State Farm Mtl Auto (former empl) (Entered: 05/28/2003) SCHEDULING ORDER signed 5/27/03 by Magistrate Judge Patricia A. Coan ; Discovery cutoff 10/1/03; no dispositive motions due at this time, settlement will be set on request of counsel (cc: all counsel) (former empl) (Entered: 05/27/2003) COURTROOM MINUTES by Magistrate Judge Patricia A. Coan regarding [33-1] schedule order ; discovery ddl set 10/1/03 no dispositive motions will be filed; deadlines set for Rule 26(a) discovery; settlement conference will be set at request of counsel; deposition schedule due 7/15/03 ; entry date : 5/29/03 Court Reporter: PAC Civil Tape 2003-47 (former empl) (Entered: 05/29/2003) STIPULATED CONFIDNETIALITY AGREEMENT AND ORDER (PROTECTIVE ORDER) signed by counsel and by Magistrate Judge Patricia A. Coan, setting the conditions for discovery of confidential materials : (cc: all counsel) (former empl) (Entered: 06/10/2003) MINUTE ORDER : by Magistrate Judge Patricia A. Coan that [36-1] order is made an order of court this date (cc: all counsel) ; entry date : 6/10/03 (former empl) (Entered: 06/10/2003) MOTION by plaintiff Ricky Eugene Clark for leave to file first amended class action complaint (OPPOSED) amend complaint [0-1]] (former empl) (Entered: 06/17/2003) Tendered Amended Class Action Complaint and Jury Demand submitted by plaintiff Ricky Eugene Clark re: motion for leave to file first amended class action complaint (OPPOSED) amend complaint [0-1]] [38-1] (former empl) (Entered: 06/17/2003) 39 MINUTE ORDER : by Chief Judge Lewis T. Babcock dft's response is due 6/27/03 regarding [38-1] motion for leave to file first amended class action complaint (OPPOSED) amend complaint [0-1]] (cc: all counsel) ; entry date : 6/17/03 (former empl) (Entered: 06/17/2003) RESPONSE IN OPPOSITION by defendant State Farm Mtl Auto to motion for leave to file first amended class action complaint (OPPOSED) amend complaint [0-1]] [38-1] (former empl) (Entered: 06/27/2003) ORDER signed 6/27/03 by Chief Judge Lewis T. Babcock denying without prejudice motion for leave to file first amended class action complaint (OPPOSED) amend complaint [0-1]] [38-1] (cc: all counsel) ; entry date : 6/30/03 (former empl) (Entered: 06/30/2003) DEPOSITION SCHEDULE (SUPPLEMENT) by plaintiff, defendant to

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schedule order [33-1] (former empl) (Entered: 07/16/2003) 07/22/2003 43 Unopposed MOTION by plaintiff Ricky Eugene Clark to extend discovery deadlines as follows: expert disclsoures to 8/30/03, rebuttal disclosures by 9/30/03 and discovery extended as to rebuttal experts only until 10/10/03 (former empl) (Entered: 07/23/2003) MINUTE ORDER : by Magistrate Judge Patricia A. Coan granting motion to extend discovery deadlines as follows: expert disclsoures to 8/30/03, rebuttal disclosures by 9/30/03 and discovery extended as to rebuttal experts only until 10/10/03 [43-1], regarding [33-1] schedule order ; discovery ddl set 10/10/03 (cc: all counsel) ; entry date : 7/25/03 (former empl) (Entered: 07/25/2003) MOTION by defendant State Farm Mtl Auto for leave to file 20 page brief and for establishment of briefing schedule (former empl) (Entered: 10/02/2003) Tendered Trial Brief Re Effective Date of Reformation and Terms of the Reformed Contract submitted by defendant State Farm Mtl Auto re: motion for leave to file 20 page brief and for establishment of briefing schedule [45-1] (former empl) (Entered: 10/02/2003) 46 MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion for leave to file 20 page brief and for establishment of briefing schedule [45-1] and accepting for filing [0-0] document tendered; dft's motion for establishment of briefing schedule is granted: pltf's trila brief is due by 10/17/02, dft's reply due by 10/27/03 (cc: all counsel) ; entry date : 10/6/03 (former empl) (Entered: 10/06/2003) Trial brief Re Effective Date of Reformation and Terms of the Reformed Contract submitted by defendant State Farm Mtl Auto (former empl) (Entered: 10/06/2003) MOTION by plaintiff Ricky Eugene Clark compelling disclosure and discovery pursuant to Rule 37 C.R.C.P. and certification of attempt to secure information without court action under D.C.COLO.LRCivP 7.1A (former empl) (Entered: 10/07/2003) MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Patricia A. Coan the motion compelling disclosure and discovery pursuant to Rule 37 C.R.C.P. [48-1] (dlb) (Entered: 10/10/2003) MOTION by plaintiff Ricky Eugene Clark for reconsideration order re: reformation occuring before class certification is addressed [31-2] (dlb) (Entered: 10/15/2003) RESPONSE by defendant State Farm Mtl Auto to motion for reconsideration order re: reformation occuring before class certification is addressed [31-2] [50-1] (former empl) (Entered: 10/20/2003) RESPONSE by defendant State Farm Mtl Auto to motion compelling disclosure and discovery pursuant to Rule 37 C.R.C.P. [48-1] (former

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empl) (Entered: 10/20/2003) 10/17/2003 10/17/2003 10/17/2003 10/17/2003 10/17/2003 10/17/2003 53 55 56 57 58 59 Trial brief submitted by plaintiff Ricky Eugene Clark (former empl) (Entered: 10/20/2003) CASE CITATIONS (BRIEF) FILED by defendant State Farm Mtl Auto (former empl) (Entered: 10/20/2003) EXHIBIT list by defendant State Farm Mtl Auto (former empl) (Entered: 10/20/2003) Witness list submitted by defendant State Farm Mtl Auto (former empl) (Entered: 10/20/2003) EXHIBIT list by plaintiff Ricky Eugene Clark (former empl) (Entered: 10/20/2003) SUBMISSION OF PERTINENT AUTHORITY (BRIEF) FILED by plaintiff Ricky Eugene Clark brief [55-1] (former empl) (Entered: 10/20/2003) Witness list submitted by plaintiff Ricky Eugene Clark (former empl) (Entered: 10/20/2003) COURTROOM MINUTES by Chief Judge Lewis T. Babcock ; status conf/Trial prep conference held on 10/17/03 denying motion for reconsideration order re: reformation occuring before class certification is addressed [31-2] [50-1]. Proposed findings and conclusions due 10/24/03. Dft's oral motion to strike witness Roberta Stokes is granted. Pla may file a surreply to the motion re: scheduling order for trial briefs on 10/24/03. ; entry date : 10/22/03 Court Reporter: Gwen Daniel (gms) (Entered: 10/22/2003) ORDER signed 10/17/03 by Chief Judge Lewis T. Babcock for reasons stated on record and after hearing arguments, denying motion for reconsideration order re: reformation occuring before class certification is addressed [31-2] [50-1]: dft's oral motion to strike Roberta Folks as a witness is granted and the parties shall submit their proposed findings of fact and conclusions of law on or before 10/24/03 (cc: all counsel) ; entry date : 10/20/03 (former empl) (Entered: 10/20/2003) FAX FILED REPLY by plaintiff Ricky Eugene Clark to response to motion compelling disclosure and discovery pursuant to Rule 37 C.R.C.P. [48-1] (former empl) Modified on 10/21/2003 (Entered: 10/21/2003) STIPULATION re: Authenticity and Admissibility of Trial Exhibits by plaintiff Ricky Eugene Clark, defendant State Farm Mtl Auto (former empl) (Entered: 10/24/2003) MOTION by defendant State Farm Mtl Auto to withdraw "advise of counsel" affirmative defense; 8th Affirmative Defense (dlb) (Entered: 10/29/2003)

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MOTION by defendant State Farm Mtl Auto for reconsideration minutes [62-2] in light of dft's withdrawal (motion) of "advice of counsel" defense (dlb) (Entered: 10/29/2003) Proposed FINDINGS of fact and conclusions of law by plaintiff Ricky Eugene Clark (dlb) (Entered: 10/29/2003)

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Submission (STATEMENT) by defendant State Farm Mtl Auto re: proposed findings of fact, conclusions of law and judgment [0-0] (dlb) (Entered: 10/29/2003) MEMORANDUM by Chief Judge Lewis T. Babcock referring to Magistrate Judge Patricia A. Coan the motion for reconsideration minutes [62-2] in light of dft's withdrawal (motion) of "advice of counsel" defense [65-1] (dlb) (Entered: 10/29/2003) MINUTE ORDER : by Magistrate Judge Patricia A. Coan granting motion for reconsideration minutes [62-2] in light of dft's withdrawal of "advice of counsel" defense [65-1], re: withdrawal of motion re: "advise of counsel" affirmative defense; 8th Affirmative Defense [64-1] (cc: all counsel) ; entry date : 10/29/03 (dlb) (Entered: 10/29/2003) COURTROOM MINUTES AND MINUTE ORDER by Magistrate Judge Patricia A. Coan granting in part and denying in part pla's motion compelling disclosure and discovery pursuant to Rule 37 C.R.C.P. [48-1], the mtn is granted with respect to the second privilege log docs; dft is to produce those docs by 10/27/03; entry date : 10/29/03 Court Reporter: FTR - PAC Ctrm 4 (cc: all counsel) (dlb) (Entered: 10/29/2003) OBJECTION by pla to #68 re: mtn for reconsideration by plaintiff Ricky Eugene Clark concerning minute order on dft's mtn for reconsideration of order [68-1] and request for expedited reconsideration of order (dlb) Modified on 10/31/2003 (Entered: 10/30/2003) MOTION by plaintiff Ricky Eugene Clark for leave to file trial brief (dlb) (Entered: 10/30/2003) Tendered Supplemental Trial Brief submitted by plaintiff Ricky Eugene Clark re: motion for leave to file trial brief [71-1] (dlb) (Entered: 10/30/2003)

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RESPONSE by defendant State Farm Mtl Auto to OBJECTION by pla to #68 re: mtn for reconsideration [70-1], minute order [68-1] (dlb) (Entered: 10/31/2003) Witness list submitted by plaintiff Ricky Eugene Clark (dlb) (Entered: 11/05/2003) EXHIBIT list by plaintiff Ricky Eugene Clark (dlb) (Entered: 11/05/2003) EXHIBIT list by defendant State Farm Mtl Auto (dlb) (Entered: 11/05/2003)

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EXHIBIT list by defendant State Farm Mtl Auto (dlb) (Entered: 11/05/2003) EXHIBIT list by defendant State Farm Mtl Auto (dlb) (Entered: 11/05/2003) EXHIBIT list by defendant State Farm Mtl Auto (dlb) (Entered: 11/05/2003) COURTROOM MINUTES by Chief Judge Lewis T. Babcock; Hearing upon date of reformation of the PIP Insurance Contract; Day 1; granting motion for leave to file trial brief [71-1] ; in court hrg held 11/3/03 ; entry date : 11/6/03 Court Reporter: Gwen Daniel (dlb) (Entered: 11/06/2003) Trial Memorandum (brief) submitted by plaintiff Ricky Eugene Clark (dlb) (Entered: 11/05/2003) COURTROOM MINUTES by Chief Judge Lewis T. Babcock ; Hearing upon date of reformation of the PIP Insurnce Contract; Day 2; entry date : 11/6/03 Court Reporter: Gwen Daniel (dlb) (Entered: 11/06/2003) COURTROOM MINUTES by Chief Judge Lewis T. Babcock ; Hearing upon date of reformation of the PIP Insurance Contract - Day 2; ORDERED: defense' oral mtn purs to Rule 52(c) for entry of jgm on partial findings is DENIED; entry date : 11/7/03 Court Reporter: Gwen Daniel (dlb) Modified on 11/07/2003 (Entered: 11/07/2003) COURTROOM MINUTES by Chief Judge Lewis T. Babcock ; Hearing upon date of reformation of the PIP Insurance Contract - Day 3; entry date : 11/7/03 Court Reporter: Gwen Daniel (dlb) (Entered: 11/07/2003) Stipulation and ORDER regarding custody of exhibits and depositions by Chief Judge Lewis T. Babcock (cc: all counsel) ; entry date : 11/7/03 (dlb) (Entered: 11/07/2003) MOTION by defendant State Farm Mtl Auto for leave to file a supplemental trial brief re the Mandate Rule (former empl) (Entered: 11/12/2003) Tendered Supplemental Trial Brief Regarding the Mandate Rule submitted by defendant State Farm Mtl Auto re: motion for leave to file a supplemental trial brief re the Mandate Rule [85-1] (former empl) (Entered: 11/12/2003)

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MINUTE ORDER : by Chief Judge Lewis T. Babcock granting dft's motion for leave to file a supplemental trial brief re the Mandate Rule [85-1], accepting for filing [0-0] document tendered; pltf may file response brief on or before 11/21/03 (cc: all counsel) ; entry date : 11/13/03 (former empl) Modified on 11/13/2003 (Entered: 11/13/2003) Supplement Trial brief Regarding the Mandate Rule submitted by defendant State Farm Mtl Auto (former empl) (Entered: 11/13/2003) MOTION by defendant State Farm Mtl Auto for review of a draft of the

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hrg transcript prior to its finalization and to designate the portions to be sealed (dlb) (Entered: 11/20/2003) 11/20/2003 89 MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion for review of a draft of the hrg transcript prior to its finalization [88-1] (cc: all counsel) ; entry date : 11/20/03 (dlb) (Entered: 11/20/2003) Supplemental Trial brief submitted by plaintiff Ricky Eugene Clark regarding The Mandate Rule (dlb) (Entered: 11/21/2003) MOTION by defendant State Farm Mtl Auto for leave to file reply in support of its supplemental trial brief regarding the mandate rule (former empl) (Entered: 12/08/2003) Tendered Reply in Support of its Supplemental Trial Brief Regarding the Mandate Rule submitted by defendant State Farm Mtl Auto re: motion for leave to file reply in support of its supplemental trial brief regarding the mandate rule [91-1] (former empl) (Entered: 12/08/2003) 92 MINUTE ORDER : by Chief Judge Lewis T. Babcock granting motion for leave to file reply in support of its supplemental trial brief regarding the mandate rule [91-1], accepting for filing [0-0] document tendered (cc: all counsel) ; entry date : 12/9/03 (former empl) (Entered: 12/09/2003) REPLY in Support by defendant State Farm Mtl Auto of its supplemental trial brief [87-1] re: the Mandate rule (former empl) (Entered: 12/09/2003) TRANSCRIPT of SEALED PROCEEDING on 11/4/03 before Chief Judge Lewis T. Babcock ( pages: unknown) Prepared By: Gwen Daniel (certified copy) ..filed in a white sealed envelope which was placed in the SEALED AREA (former empl) (Entered: 12/09/2003) TRANSCRIPT of Hearing Re Date of Reformation-Volume I on Nov 3'2003 before Chief Judge Lewis T. Babcock ( pages: 1-244) Prepared By: Gwen Daniel (certified copy) (former empl) (Entered: 12/09/2003) TRANSCRIPT of Hearing Re Date of Reformation-Volume II on Nov 4'2003 before Chief Judge Lewis T. Babcock ( pages: 245-480) Prepared By: Gwen Daniel (certified copy) (former empl) (Entered: 12/09/2003) TRANSCRIPT of Hearing Re Date of Reformation-Volume III on Nov 5'2003 before Chief Judge Lewis T. Babcock ( pages: 481-677) Prepared By: Gwen Daniel (certified copy) (former empl) (Entered: 12/09/2003) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER signed 12/19/03 by Chief Judge Lewis T. Babcock regarding [26-1] order appeal: ORDERED the Madrid policy is reforemd to include extended "p4" level PIP benefits for pedestrians; the effect date of reformation shall be the date this order is entered; the Madrid policy's extended "P4" leve, PIP benefits are subject to the $200,000 aggregate limit on that coverage; Mr. Clark is awarded the suf o $132,276.02; Mr. Clark's claims for breach of contract, breach of the duty of good faith and fair dealing, and willful and wanton breach of contract are DISMISSED; and Pursuant

11/21/2003 12/04/2003

90 91

12/04/2003

12/08/2003

12/08/2003

93

12/09/2003

94

12/09/2003

95

12/09/2003

96

12/09/2003

97

12/19/2003

98

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to Rule 54(b) final judgment shall be entered on the issues resolved herein (cc: all counsel) ; entry date : 12/19/03 (former empl) (Entered: 12/19/2003) 12/23/2003 99 MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [98-1] order status report ddl set for 1/9/04 (cc: all counsel) ; entry date : 12/24/03 (dlb) (Entered: 12/24/2003) JUDGMENT: by Clerk Gregory C. Langham, approved by Judge Babcock. regarding [98-1] order The Madrid policy is reformed to include extended "P4" level, PIP benefits for pedestrians, effective date of reformation is date of findings of fact, conclusions of law and order, The Madrid policy extended, "P4" level PIP benefits are subjec to $200,000 aggregate limit on that coverage, Pla is awarded sum of $132,276.02, Pla's claims for breach of contract, breach of duty of good faith and fair dealing and wilful and wanton breach of contract are dismissed and pursuant to Rule 54(b), final jgm is entered on the issues resolved herein. Post jgm interest shall accrue at the legal rate of 1.27% from date of entry of judgment. (cc: all counsel) ; entry date : 12/26/03 (gms) (Entered: 12/26/2003) MOTION by defendant State Farm Mtl Auto to seal pages 644 and 645 of the hrg transcript (dlb) (Entered: 12/30/2003) ORDER by Chief Judge Lewis T. Babcock granting motion to seal pages 644 and 645 of the hrg transcript [101-1], [88-2] regarding [97-1] transcript [pages 644 and 645 removed and placed in sealed area] (cc: all counsel) ; entry date : 12/31/03 (dlb) (Entered: 12/31/2003) MOTION by plaintiff Ricky Eugene Clark to extend time to file a bill of costs to 1/9/04 (former empl) (Entered: 01/06/2004) MOTION by plaintiff Ricky Eugene Clark to extend time to file motion for attorneys fees to 1/16/04 (former empl) (Entered: 01/06/2004) ORDER by Chief Judge Lewis T. Babcock granting motion to extend time to file a bill of costs to 1/9/04 [103-1] (cc: all counsel) ; entry date : 1/7/04 (former empl) (Entered: 01/07/2004) ORDER signed 1/7/04 by Chief Judge Lewis T. Babcock granting motion to extend time to file motion for attorneys fees to 1/16/04 [104-1] (cc: all counsel) ; entry date : 1/7/04 (former empl) (Entered: 01/07/2004) Joint STATUS REPORT by plaintiff, defendant (former empl) (Entered: 01/09/2004) STATEMENT of Effordt to Resolve Cpsts with Coounsel by plaintiff Ricky Eugene Clark re: bill of costs order [115-1] (former empl) (Entered: 01/21/2004) DECLARATION of John M. Vaught counsel for Allstate Ins Co re: SEALED transcript [94-1] (former empl) (Entered: 01/16/2004) MOTION by plaintiff Ricky Eugene Clark for attorney fees and brief

12/26/2003

100

12/29/2003 12/30/2003

101 102

01/05/2004 01/06/2004 01/06/2004

103 104 105

01/07/2004

106

01/09/2004 01/09/2004

107 116

01/15/2004 01/16/2004

108 109

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Page 13 of 24 Page 13 of 24

(former empl) Modified on 04/19/2004 (Entered: 01/16/2004) 01/16/2004 110 NOTICE OF APPEAL by defendant re: judgment [100-1] filed 12/26/03 and order [98-1]; Notice of transcript order form due 1/26/04; Notice mailed to all counsel on 1/20/04 (msn) (Entered: 01/20/2004) $250.00 fee and $5.00 fee paid. Receipt No 249101. re: appeal [110-1] (msn) (Entered: 01/20/2004) 111 NOTICE OF APPEAL by plaintiff re: judgment [100-1] filed 12/26/04; Notice of transcript order form due 1/26/04; Notice mailed to all counsel on 1/20/04 (msn) (Entered: 01/20/2004) $250.00 fee and $5.00 fee paid. Receipt No 249110. re: appeal [111-1] (msn) (Entered: 01/20/2004) 114 MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [109-1] motion and brief for attorney fees dft has until 2/9/04 to respond (cc: all counsel) ; entry date : 1/21/04 (former empl) (Entered: 01/21/2004) DECLARATION of John M. Vaught re: order [102-1], re: transcript [941]i...returning to Court the SEALED PAGES OF THE TRANSCRIPT **placed in the SEALED AREA (former empl) (Entered: 01/21/2004) DECLARATION of Keith R. Olivera re: order [102-1], re: transcript [941] with sealed transcript pages attached **placed in SEALED AREA (former empl) (Entered: 01/21/2004) Bill of COSTS taxed judgment [100-1] for plaintiff Ricky Eugene Clark in the amount of $ 3,931.37 against defendant State Farm Mtl Auto (cc: all counsel) (former empl) (Entered: 01/21/2004) NOTIFICATION by Circuit Court of assignment of Case No. [110-1] 041022 (msn) (Entered: 01/26/2004) NOTIFICATION by Circuit Court of assignment of Case No. [111-1] 041023 (msn) (Entered: 01/26/2004) NOTICE OF TRANSCRIPT ORDER FORM filed by plaintiff/cross appellant; (Counsel have been informed that an amended TOF needs to be filed); re: appeal [111-1] (msn) (Entered: 02/05/2004) NOTICE OF TRANSCRIPT ORDER FORM filed by defendant/appellant; TOF filed states... the necessary transcript is already on file; re: appeal [110-1] (msn) (Entered: 02/05/2004) AMENDMENT by plaintiff/appellant to TOF [119-1]; Transcripts of trial proceedings 11/3/03-11/5/03, 4/24/03 status/scheduling cnf and 10/17/03 hearing on motions ordered but form not signed by Gwen Daniel (msn) (Entered: 02/13/2004) RESPONSE by defendant State Farm Mtl Auto to motion and brief for attorney fees [109-1] (former empl) (Entered: 02/10/2004) REQUEST by defendant State Farm Mtl Auto for fee agreement pursuant

01/16/2004 01/16/2004

01/16/2004 01/20/2004

01/21/2004

112

01/21/2004

113

01/21/2004

115

01/22/2004 01/22/2004 02/03/2004

117 118 119

02/04/2004

120

02/06/2004

125

02/09/2004 02/09/2004

121 121

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to FRCP 54(d)(2)(B) and alternative request for hearing (former empl) (Entered: 02/10/2004) 02/09/2004 02/11/2004 122 123 MOTION by defendant for stay of proceedings to enforce judgment (gms) (Entered: 02/10/2004) ORDER by Chief Judge Lewis T. Babcock granting dft's motion for stay of proceedings to enforce judgment [122-1] regarding [100-1] judgment (cc: all counsel) ; entry date : 2/13/04 (gms) (Entered: 02/13/2004) Supersedeas BOND in amount of $ 140,000.00 Bond No. 96-GQ-7064-5 filed by defendant (State Farm Fire and Casualty Co) (gms) ( Original supersedeas returned to defendants counsel on 03/24/06, pursuant to the order of 03/24/06) Modified docket text to note return of bond on 3/24/2006 (rlp, ). (Entered: 02/13/2004) REPLY by plaintiff Ricky Eugene Clark to response to motion and brief for attorney fees [109-1] ... and (former empl) (Entered: 02/17/2004) RESPONSE by plaintiff Ricky Eugene Clark to dft's request for fee agreement and for hearing [121-1] (former empl) (Entered: 02/17/2004) NOTICE OF TRANSCRIPT ORDER FORM filed by Gwen Daniel; Transcript so trial proceedings 11/3/03 -11/5/03, 4/24/03 status/scheduling cnf and 10/17/03 hearing on pending motions ordered; appeal [111-1]; reporter's transcript due at 4/12/04 (msn) (Entered: 02/23/2004) MOTION by plaintiff Ricky Eugene Clark to supplement motion for attorney fees [109-1] (former empl) (Entered: 02/23/2004) MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [127-1] motion to supplement motion for attorney fees [109-1] : dft's response due 3/9/04 (cc: all counsel) ; entry date : 2/24/04 (former empl) (Entered: 02/24/2004) RESPONSE by defendant State Farm Mtl Auto to pltf's motion to supplement motion for attorney fees [109-1] [127-1] (former empl) (Entered: 02/25/2004) ORDER signed 2/25/04 by Chief Judge Lewis T. Babcock denying motion to supplement motion for attorney fees [109-1] [127-1] (cc: all counsel) ; entry date : 2/26/04 (former empl) (Entered: 02/26/2004) REPORTER'S TRANSCRIPT of Status/Scheduling Conference on 4/24/03 before Judge Babcock (Re: [111-1] ) Pgs 1-14 Cert Copy Prepared By: Gwen Daniel (gms) (Entered: 03/31/2004) NOTICE: Appeal Transcript by Gwen Daniel...all appeal transcripts ordered are complete and on file re: appeal [111-1] (gms) (Entered: 03/31/2004) REPORTER'S TRANSCRIPT of Motion for Reconsideration on 10/17/03 before Judge Babcock (Re: [111-1] ) Pgs 1-15 Cert Copy

02/12/2004

124

02/13/2004 02/13/2004 02/20/2004

126 126 128

02/23/2004 02/24/2004

127 129

02/24/2004

130

02/25/2004

131

03/25/2004

132

03/25/2004

134

03/29/2004

133

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Prepared By: Gwen Daniel (gms) (Entered: 03/31/2004) 03/31/2004 135 LETTER (Re: [111-1], [110-1] ) to USCA and all counsel advising that record is now complete...all transcripts ordered are now on file as of 3/29/04 (gms) (Entered: 03/31/2004) ORDER by Chief Judge Lewis T. Babcock denying Pla's motion for attorney fees [109-1] (cc: all counsel) ; entry date : 7/19/04 (erv) (Entered: 07/19/2004) NOTICE OF APPEAL by plaintiff Ricky Eugene Clark re: order of 7/16/04 denying plaintiff's motion for attorney's fees [136-1] ; Notice of transcript order form due 8/26/04 ; Notice mailed to all counsel on 8/16/04 Fee Status: fees paid (djs) (Entered: 08/16/2004) $250.00 fee and $5.00 fee paid. Receipt No 253941. Court of Appeals Notified. appeal [137-1] (djs) (Entered: 08/16/2004) 138 139 NOTIFICATION by Circuit Court of assignment of Case No. [137-1] 041315 (djs) (Entered: 08/19/2004) NOTICE OF TRANSCRIPT ORDER FORM filed by plaintiff/appellant ; (transcript not necessary for this appeal) [137-1] (djs) (Entered: 08/25/2004) LETTER (Re: [137-1] ) to USCA and all counsel advising that record is now complete...TOF filed stating that transcripts are not necessary. (djs) (Entered: 08/27/2004) MOTION by defendant State Farm Mtl Auto to consolidate related cases (erv) (Entered: 09/17/2004) MINUTE ORDER : by Chief Judge Lewis T. Babcock regarding [141-1] motion to consolidate related cases; Pla has up to and incl 10/1/04 to file a response (cc: all counsel) ; entry date : 9/21/04 (erv) (Entered: 09/21/2004) SUPPLEMENT by defendant State Farm Mtl Auto to motion to consolidate related cases [141-1] (erv) (Entered: 10/01/2004) Unopposed MOTION by plaintiff Ricky Eugene Clark to extend time to file response to Dft's Motion to consolidate related cases to and incl 10/11/04 (erv) (Entered: 10/04/2004) ORDER by Chief Judge Lewis T. Babcock granting motion to extend time to file response to Dft's Motion to consolidate related cases to and incl 10/11/04 [144-1] (cc: all counsel) ; entry date : 10/5/04 (erv) (Entered: 10/05/2004) RESPONSE by plaintiff Ricky Eugene Clark to motion to consolidate related cases [141-1] (erv) (Entered: 10/13/2004) RESPONSE by plaintiff Ricky Eugene Clark to Dfts motion to consolidate related cases [141-1] (erv) (Entered: 10/21/2004)

07/16/2004

136

08/16/2004

137

08/16/2004 08/18/2004 08/25/2004

08/27/2004

140

09/16/2004 09/20/2004

141 142

09/30/2004 10/01/2004

143 144

10/04/2004

145

10/12/2004 10/13/2004

146 148

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Page 16 of 24 Page 16 of 24

10/15/2004

147

MOTION by defendant State Farm Mtl Auto for leave to file reply brief in support of motion to consolidate related cases (erv) (Entered: 10/18/2004) MINUTE ORDER : by Chief Judge Lewis T. Babcock granting Dfts motion for leave to file reply brief in support of motion consolidate related cases [147-1] on or before 10/30/04 (cc: all counsel) ; date : 10/21/04 (erv) (Entered: 10/21/2004) REPLY in support to Response to re 141 Motion to Consolidate Cases filed by Defendant State Farm Mutual Automobile Insurance Company. (erv, ) (Entered: 11/02/2004) ORDER denying 141 Dft's Motion to Consolidate Cases . Signed by Judge Lewis T. Babcock on 11/8/04. (erv, ) (Entered: 11/10/2004) MINUTE ORDER setting Telephonic Status Conference set for 11/29/2004 09:30 AM in Courtroom A 501 before Magistrate Judge Patricia A. Coan. by Magistrate Judge Patricia A. Coan on 11/16/04. (erv, ) (Entered: 11/18/2004) Minute Entry for Telephonic Status Conf held before Magistrate Judge Patricia A. Coan : Status Conference held on 11/29/2004 (Court Reporter FTR.) (erv, ) (Entered: 11/30/2004) MANDATE of USCA issued on 1/23/06 as to 111 Notice of Appeal filed by Ricky Eugene Clark, 110 Notice of Appeal filed by State Farm Mutual Automobile Insurance Company. USCA judgment dated 12/30/05 affirming the USDC. (djs, ) (Entered: 01/24/2006) Docket Annotation re: 154 USCA Mandate. The NEF for this document to Meghan Doberneck was returned as undeliverable. I am unable to reach Ms. Doberneck by telephone, as there is no answer and no way to leave a message at the telephone number in her bar record. The NEF cannot be resent. Text only entry - no document attached. (gms, ) (Entered: 01/27/2006) NOTICE of Attorney Departure by Defendant State Farm Mutual Automobile Insurance Company (Williams, Marie) (Entered: 01/31/2006) Docket Annotation re: 156 Notice (Other). The NEF for this document to Meghan Doberneck was returned as undeliverable. I am unable to reach Ms. Doberneck by telephone, as there is no answer and no way to leave a message at the telephone number in her bar record. The NEF cannot be resent.Text only entry - no document attached. (gms, ) (Entered: 02/01/2006) Emergency MOTION to Deposit Funds With Court and to Release Supersedeas Bond by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Proposed Order (PDF Only) Regarding State Farm's Expedited Motion to Deposit Funds With Court and to Release Supersedeas Bond)(McCarthy,

10/20/2004

149

11/01/2004

150

11/08/2004 11/16/2004

151 152

11/29/2004

153

01/23/2006

154

01/27/2006

155

01/31/2006

156

02/01/2006

157

02/13/2006

158

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Michael) (Entered: 02/13/2006) 02/14/2006 159 Docket Annotation re: 158 Emergency MOTION to Deposit Funds With Court and to Release Supersedeas Bond. The NEF for this document to Meghan Doberneck was returned as undeliverable. I have been unable to reach Ms. Doberneck. The NEF cannot be resent. Text only entry - no document attached. (gms, ) (Entered: 02/14/2006) MINUTE ORDER re: 158 Expedited MOTION to Deposit Funds With Court and to Release Supersedeas Bond filed by State Farm Mutual Automobile Insurance Company. Plaintiff ahs up to and including 02/24/06 to file a response, by Judge Lewis T. Babcock on 02/14/06. (rlp, ) (Entered: 02/14/2006) Docket Annotation re: 160 Order. The NEF for this document to Meghan Doberneck was returned as undeliverable. I have been unable to reach Ms. Doberneck. The NEF cannot be resent. Text only entry - no document attached. (gms, ) (Entered: 02/15/2006) RESPONSE to Motion re 158 Emergency MOTION to Deposit Funds With Court and to Release Supersedeas Bond filed by Plaintiff Ricky Eugene Clark. (Rector, Leo) (Entered: 02/24/2006) Docket Annotation re: 162 Response to Motion. The NEF for this document to Meghan Doberneck was returned as undeliverable. I have been unable to reach Ms. Doberneck. The NEF cannot be resent. Text only entry - no document attached. (gms, ) (Entered: 02/27/2006) MINUTE ORDER : 162 Response to Motion filed by Ricky Eugene Clark, Defendant has up to and including 03/10/06 to file REPLY, by Judge Lewis T. Babcock on 03/01/06. (rlp, ) (Entered: 03/01/2006) Docket Annotation re: 164 Order. The NEF for this document to Meghan Doberneck was returned as undeliverable. I have been unable to reach Ms. Doberneck. The NEF cannot be resent. Text only entry - no document attached. (gms, ) (Entered: 03/02/2006) Unopposed MOTION for Extension of Time to File Response/Reply as to 158 Emergency MOTION to Deposit Funds With Court and to Release Supersedeas Bond by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Proposed Order (PDF Only) Regarding Extension of Time to Submit Reply in Support of Expedited Motion to Deposit Funds With Court and to Release Supersedeas Bond) (Williams, Marie) (Entered: 03/10/2006) Docket Annotation re: 166 Unopposed MOTION for Extension of Time to File Response/Reply as to 158 Emergency MOTION to Deposit Funds With Court and to Release Supersedeas Bond. The NEF for this document to Meghan Doberneck was returned as undeliverable. I have been unable to reach Ms. Doberneck. The NEF cannot be resent. Text only entry - no document attached. (gms, ) (Entered: 03/13/2006) Minute ORDER granting Defendant's Unopposed 166 Motion for

02/14/2006

160

02/15/2006

161

02/24/2006

162

02/27/2006

163

03/01/2006

164

03/02/2006

165

03/10/2006

166

03/13/2006

167

03/13/2006

168

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Page 18 of 24 Page 18 of 24

Extension of Time to File Reply in Support of 158 Emergency MOTION to Deposit Funds With Court and to Release Supersedeas Bond to 3/17/06. Pursuant to the Notice of Attorney Departure filed 1/31/06, K. Meghan Doberneck should be removed from the Court's electronic filing notification system, by Judge Lewis T. Babcock on 3/13/06. (gmssl, ) (Entered: 03/13/2006) 03/16/2006 169 Stipulated MOTION for Order to Regarding Payment of Judgment to Clark by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Proposed Order (PDF Only) Regarding Stipulated Motion for Entry of Order Regarding Payment of Judgment to Clark) (McCarthy, Michael) (Entered: 03/16/2006) ORDER denying as moot State Farm's Expedited 158 Motion to Deposit Funds. State Farm shall deliver check for $136,072.54, made payable to Ricky Eugene Clark and The Carey Law Firm on or before 03/24/06, and State Farm shall notify the Court within five business days that payment has been made and received. Counsel for State Farm shall also tender a proposed Order to the Court, consistent with paragraph numbers 4, 5, 6, and 7 in the 169 Stipulation dated 03/16/06. Signed by Judge Lewis T. Babcock on 03/17/06 (Entered: 03/17/2006) MOTION for Order to Regarding Supersedeas Bond and Notice of Payment of Judgment by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Exhibit 1 - Receipt of Funds Delivered to The Carey Law Firm# 2 Proposed Order (PDF Only) Regarding Supersedeas Bond)(Williams, Marie) (Entered: 03/23/2006) ORDER Regarding Supersedeas Bond: having reviewed the Notice of Payment of Judgment and 171 Motion to Enter Order regarding Supersedeas Bond, the court hereby unconditionally discharges, releases and exonerates the Supersedeas Bond and State Farm Fire and Casualty Company is released from all liability in connection with the issuance of the Supersedeas Bond, Clerk of the Court shall release and deliver the original Supersedeas Bond to counsel for State Farm Mutual Automobile Insurance Company . Signed by Judge Lewis T. Babcock on 03/24/06. (rlp, ) (Entered: 03/24/2006) RECEIPT for Delivery of Original Supersedeas 124 Bond to Defendants counsel pursuant to 172 Order dated 03/24/06. (rlp, ) (Entered: 03/24/2006) MANDATE of USCA re: 04-1315. Order and Judgment dated 3/14/06. Affirming district court's order denying Mr. Clark's motion for attorney fees. Denying as moot State Farm's motion for leave to file response to Mr. Clark's supplemental brief re: timely filing of notice of claims. re: 137 Notice of Appeal (gms, ) (Entered: 04/07/2006) MOTION to Withdraw as Attorney by Marie E. Williams by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Proposed Order (PDF Only) Granting Motion to Withdraw as Counsel for Defendant)(Williams, Marie) (Entered: 05/31/2006)

03/17/2006

170

03/23/2006

171

03/24/2006

172

03/24/2006

173

04/05/2006

174

05/31/2006

175

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Page 19 of 24 Page 19 of 24

06/01/2006

176

MINUTE ORDER granting 175 Motion to Withdraw as Attorney. Attorney Marie Elizabeth Williams terminated by Judge Lewis T. Babcock on 06/01/06. (rlp, ) (Entered: 06/01/2006) NOTICE of Entry of Appearance by Todd Philip Walker on behalf of State Farm Mutual Automobile Insurance Company (Walker, Todd) (Entered: 06/06/2006) NOTICE of Change of Address of Attorney, L. Dan Rector by Leo Daniel Rector (Rector, Leo) (Entered: 06/26/2006) Joint MOTION for Order to Setting Status Conference by Defendant State Farm Mutual Automobile Insurance Company. (Fischer, Mark) (Entered: 09/01/2006) MINUTE ORDER confirming Status Conference for 9/28/2006 02:00 PM in Courtroom A 201 before Chief Judge Lewis T. Babcock, by Judge Lewis T. Babcock on 09/13/06. (rlp2, ) (Entered: 09/13/2006) AMENDED Case Management Order by Plaintiff Ricky Eugene Clark. (Rector, L.) (Entered: 09/27/2006) STATUS REPORT Status Conference Statement by Defendant State Farm Mutual Automobile Insurance Company. (Fischer, Mark) (Entered: 09/27/2006) ORDER: Mr. Clark shall, within 30 days of this date, file a brief in support of his class definition; State Farm shall, within 20 days after Mr. Clark's filing, file a response; and Mr. Clark shall, within 10 days after the filing of State Farm's response, file any reply. Signed by Judge Lewis T. Babcock on 09/28/06. (rlp2, ) (Entered: 09/29/2006) Minute Entry for proceedings held before Judge Lewis T. Babcock : Status Conference held on 9/28/2006. ORDERED: Plaintiffs opening brief in support of class certification shall be filed within 30 days. The defense has 20 days to respond. The Plaintiff has 10 days to reply. (Court Reporter Gwen Daniel.) (ltbcd, ) (Entered: 09/29/2006) BRIEF Plaintiff's Brief in Support of His Amended Proposed Class Definition by Plaintiff Ricky Eugene Clark. (Cliff, Julie) (Entered: 10/27/2006) MINUTE ORDER re: 185 Brief filed by Ricky Eugene Clark, Defendant has up to and including November 19, 2006 to file a response by Judge Lewis T. Babcock on 10/30/06. (rlp2, ) (Entered: 10/30/2006) NOTICE of Entry of Appearance by Marie Elizabeth Williams on behalf of State Farm Mutual Automobile Insurance Company (Williams, Marie) (Entered: 11/20/2006) RESPONSE to 185 Brief Regarding Plaintiff's Proposed Amended Class Definition by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E - Part 1 of 2# 6 Exhibit E - Part 2 of 2# 7 Exhibit

06/06/2006

177

06/26/2006 09/01/2006

178 179

09/13/2006

180

09/27/2006 09/27/2006

181 182

09/28/2006

183

09/28/2006

184

10/27/2006

185

10/30/2006

186

11/20/2006

187

11/20/2006

188

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F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I)(McCarthy, Michael) (Entered: 11/20/2006) 11/21/2006 189 MINUTE ORDER re: 188 Response, filed by State Farm Mutual Automobile Insurance Company. Plaintiff has until 12/05/06 to file reply, by Judge Lewis T. Babcock on 11/21/06. (rlp, ) (Entered: 11/21/2006) Unopposed MOTION For Extension of Time to File Reply in Support of Plaintiff's Proposed Amended Class Definition by Plaintiff Ricky Eugene Clark. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order) (Rector, L.) (Entered: 12/04/2006) MINUTE ORDER granting 190 Plaintiff's Unopposed Motion for Extension of Time to File Reply in Support of Plaintiff's Proposed Amended Class Definition, up to and including 12/18/06, by Judge Lewis T. Babcock on 12/05/06.(rlp, ) (Entered: 12/05/2006) REPLY in Support of Plaintiff's Proposed Amended Class Definition by Plaintiff Ricky Eugene Clark. (Attachments: # 1 Exhibit 1)(Rector, L.) (Entered: 12/18/2006) MINUTE ORDER setting In Court Hearing for 2/28/2007 at 10:00 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock, by Judge Lewis T. Babcock on 01/17/07. (rlp, ) (Entered: 01/17/2007) Unopposed MOTION to Continue by Plaintiff Ricky Eugene Clark. (Attachments: # 1 Proposed Order (PDF Only))(Rector, L.) (Entered: 01/23/2007) MINUTE ORDER granting 194 Plaintiff's Motion to Reschedule Hearing Regarding Class Definition. The hearing on Plaintiff's Proposed Amended Class Definition set Wednesday, February 28, 2007 is VACATED and RESET for Friday, April 6, 2007 at 10:00 a.m. in Courtroom A201 by Judge Lewis T. Babcock on 01/24/07.(rlp, ) (Entered: 01/24/2007) Minute Entry for proceedings held before Judge Lewis T. Babcock : Motion Hearing held on 4/6/2007. (Court Reporter Gwen Daniel.) (ltbcd, ) (Entered: 04/06/2007) MOTION for Leave to File a Supplemental Brief Regarding Hill v. Allstate by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Proposed Document Supplemental Brief# 2 Exhibit 1# 3 Exhibit 2)(McCarthy, Michael) (Entered: 04/06/2007) MINUTE ORDER denying 197 MOTION for Leave to File a Supplemental Brief Regarding Hill v. Allstate by Defendant by Judge Lewis T. Babcock on 4/9/07.(dln, ) (Entered: 04/09/2007) ORDER: Mr. Clark shall file any motions to certify class and/or motions to amend by 5/1/2007. Signed by Judge Lewis T. Babcock on 4/9/07. (dln, ) (Entered: 04/09/2007) Unopposed MOTION to Withdraw as Attorney by Mark W. Fischer by

12/04/2006

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12/05/2006

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12/18/2006

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01/17/2007

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01/23/2007

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01/24/2007

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04/06/2007

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04/09/2007

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04/17/2007

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Defendant State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Proposed Order (PDF Only) Granting Unopposed Motion by Mark W. Fischer to Withdraw as Counsel for Defendant) (Fischer, Mark) (Entered: 04/17/2007) 04/18/2007 201 MINUTE ORDER Granting 200 Unopposed Motion to Withdraw as Attorney. Attorney Mark William Fischer terminated. Entered by Judge Lewis T. Babcock on 4/18/07.(pap, ) (Entered: 04/18/2007) Unopposed MOTION For Extension of Time to File Motiion for Class Certification by Plaintiff Ricky Eugene Clark. (Attachments: # 1 Proposed Order (PDF Only) ORDER RE: PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME IN WHICH TO FILE MOTION FOR CLASS CERTIFICATION)(Garrison, Leif) (Entered: 04/25/2007) MINUTE ORDER granting 202 Pla's Unopposed Motion for Extension of Time in Which to File Motion for Class Certification up to and including May 14, 2007. by Chief Judge Lewis T. Babcock on 4/30/07. (erv, ) (Entered: 04/30/2007) MOTION to Intervene by Interested Parties Matthias Hobza, Roy McIntosh and Florinda Reed. (Attachments: # 1Memorandum in Support (Garrison, Leif) (Modified on 5/15/2007 to remove excess language and insert correct filers) (pap2, ). (Entered: 05/14/2007) MOTION to Certify Class by Plaintiff Ricky Eugene Clark and Interested Parties Roy McIntosh, Florinda Reed and Matthias Hobza. (Attachments: # 1 Memorandum in Support # 2 Exhibit 1 # 3 Exhibit 2 # 4 Exhibit 3 # 5Exhibit 4 # 6 Exhibit 5 to # 7 Exhibit 6 # 8 Exhibit 7 # 9 Proposed Order (PDF Only))(Garrison, Leif) (Modified on 5/15/2007 to remove excess language and add interested party filers) (pap2, ). (Entered: 05/14/2007) Docket Annotation re: 205 MOTION to Certify Class, 204 MOTION to Intervene. Added Interested parties Roy McIntosh, Florinda Reed and Matthias Hobza and Removed excess language in entries. Text only entry - no document attached. (pap, ) (Entered: 05/15/2007) MINUTE ORDER Defendant to file responses by 6/4/07, Plaintiff to file replies by 6/14/07 re: 205 MOTION to Certify Class filed by Roy McIntosh, Matthias Hobza, Florinda Reed, Ricky Eugene Clark, 204 MOTION to Intervene filed by Roy McIntosh, Matthias Hobza, Florinda Reed, by Judge Lewis T. Babcock on 5/15/07. (mrs, ) (Entered: 05/15/2007) NOTICE of Entry of Appearance by Russell O. Stewart on behalf of State Farm Mutual Automobile Insurance Company (Stewart, Russell) (Entered: 05/18/2007) MOTION for Order to for Entry of a Scheduling Order by Defendant State Farm Mutual Automobile Insurance Company. (McCarthy, Michael) (Entered: 05/18/2007)

04/25/2007

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04/30/2007

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05/23/2007

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MINUTE ORDER Setting Hearing on Defendant's 209 MOTION for Order for Entry of a Scheduling Order, Plaintiff to file response by 5/30/07. Motion Hearing for entry of Scheduling Order is set for 6/13/2007 09:00 AM in Courtroom C401 before Chief Judge Lewis T. Babcock,by Judge Lewis T. Babcock on 5/23/07. (mrs, ) (Entered: 05/23/2007) Unopposed MOTION for Extension of Time to File Response to 205 Motion for Class Certification by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Proposed Order (PDF Only))(McCarthy, Michael) (Modified on 5/25/2007 to create linkage)(pap2, ). (Entered: 05/24/2007) Minute ORDER granting Defendant's Unopposed 211 Motion for Extension of Time to File Response to 205 MOTION to Certify Class. The response date will be set at the 6/13/07 scheduling hearing, by Judge Lewis T. Babcock on 5/25/07.(gms, ) (Entered: 05/25/2007) RESPONSE to Motion re 209 MOTION for Order to for Entry of a Scheduling Order filed by Plaintiff Ricky Eugene Clark, Interested Parties Roy McIntosh, Florinda Reed, Matthias Hobza. (Garrison, Leif) (Entered: 05/29/2007) RESPONSE to Motion re 204 MOTION to Intervene filed by Defendant State Farm Mutual Automobile 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)(McCarthy, Michael) (Entered: 06/04/2007) REPLY to Response to Motion re 209 MOTION for Order to for Entry of a Scheduling Order filed by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Exhibit A)(Williams, Marie) (Entered: 06/05/2007) ORDER re: 205 MOTION to Certify Class filed by Roy McIntosh, Matthias Hobza, Florinda Reed, Ricky Eugene Clark, 204 MOTION to Intervene filed by Roy McIntosh, Matthias Hobza, Florinda Reed. Clark to file reply to State Farm's Response by 6/15/07. Hearing on the Motion for Entry of a Scheduling Order set for 6/13/07 is VACATED. Signed by Judge Lewis T. Babcock on 6/5/07. (mrs, ) (Entered: 06/05/2007) REPLY to Response to Motion re 204 MOTION to Intervene filed by Interested Parties Roy McIntosh, Florinda Reed, Matthias Hobza. (Garrison, Leif) Modified on 6/19/2007 to remove Ricky Eugene Clark as a filer (mrs, ). (Entered: 06/15/2007) Docket Annotation re: 217 Reply to Response to Motion. This docket entry was modified to remove Ricky Eugene Clark as a filer. Text only entry - no document attached. (mrs, ) (Entered: 06/19/2007) ORDER DENYING Plaintiff's 204 Motion to Intervene. The request for permissive intervention under rule 24(b) is also DENIED. Signed by Judge Lewis T. Babcock on 6/25/07.(mrs2, ) (Entered: 06/26/2007)

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06/26/2007

220

ORDER re: 205 MOTION for Class Certification filed by Roy McIntosh, Matthias Hobza, Florinda Reed, Ricky Eugene Clark. Defendant State Farm Mutual Automobile Insurance Company to file response by 7/26/07, Clark to file reply by 8/16/07. Signed by Judge Lewis T. Babcock on 6/26/07. (mrs, ) (Entered: 06/27/2007) RESPONSE to Motion re 205 MOTION to Certify Class filed by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: # 1 Exhibit Index to State Farm's Response Opposing Plaintiff's Motion for Class Certification# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6 (Part 1 of 2)# 8 Exhibit 6 (Part 2 of 2)# 9 Exhibit 7# 10 Exhibit 8# 11 Exhibit 9# 12 Exhibit 10 (Part 1 of 2)# 13 Exhibit 10 (Part 2 of 2))(McCarthy, Michael) (Entered: 07/26/2007) REASSIGNING MAGISTRATE JUDGE. Upon the retirement of Magistrate Judge Patricia A. Coan, this case has been reassigned and is now referred to Kristen L. Mix effective August 6, 2007. All future pleadings should reference Magistrate Judge Mix at the end of the civil action number (such as 05-cv-00500-LTB-KLM). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Mix in Courtroom A501. Her chambers are located in Room A542. Her telephone number is 303-844-4892. (Text only entry - no document attached) (gms, ) (Entered: 08/03/2007) Unopposed MOTION for Extension of Time to File Response/Reply as to 205 MOTION to Certify Class by Plaintiff Ricky Eugene Clark. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Carey, Robert) (Entered: 08/07/2007) ORDER GRANTING the Unopposed 223 Motion for a one-week, Extension of Time to 8/30/07 to File Reply In Support of 205 MOTION for Class Certification. Signed by Judge Lewis T. Babcock on 8/8/07. (mrs, ) (Entered: 08/09/2007) REPLY to Response to Motion re 205 MOTION to Certify Class filed by Plaintiff Ricky Eugene Clark. (Garrison, Leif) (Entered: 08/30/2007) SUPPLEMENT/AMENDMENT to 205 MOTION to Certify Class by Plaintiff Ricky Eugene Clark. (Attachments: # 1 Exhibit Exh. A# 2 Exhibit Exh. B)(Carey, Robert) (Entered: 08/31/2007) MEMORANDUM OPINION AND ORDER Plaintiff's 205 Motion for Class Certification is DENIED. The last breath of life in this case was the question of class certification. Nothing else remains. Accordingly, I further Order that this action is DISMISSED, each party to bear it own costs. Signed by Judge Lewis T. Babcock on 9/18/07.(mrs) (Entered: 09/19/2007) JUDGMENT by Clerk in favor of State Farm Mutual Automobile Insurance Company and against Ricky Eugene Clark. Plaintiff's Motion for Class Certification is DENIED. The Complaint and this civil action

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08/03/2007

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09/18/2007

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are DISMISSED. Each party shall bear its own costs. Signed on 9/20/07. (mrs) (Entered: 09/20/2007) 10/18/2007 229 NOTICE OF APPEAL as to 228 Clerk's Judgment, 227 Order on Motion to Certify Class, by Plaintiff Ricky Eugene Clark (Garrison, Leif) (Entered: 10/18/2007) LETTER re Appeal to all counsel advising of the transmittal of the 229 Notice of Appeal filed by Ricky Eugene Clark to the U.S. Court of Appeals. (Retained counsel; Fees paid) (Attachments: # 1 Notice of Appeal# 2 Docket Sheet# 3 Receipt)(bjr, ) (Entered: 10/18/2007) USCA Case Number 07-1454 for 229 Notice of Appeal filed by Ricky Eugene Clark. (bjr2, ) (Entered: 10/24/2007) Amended NOTICE OF APPEAL as to 228 Clerk's Judgment, 227 Order on Motion to Certify Class, 219 Order on Motion to Intervene by Plaintiff Ricky Eugene Clark (Garrison, Leif) (Entered: 10/22/2007) LETTER re Amended Appeal to all counsel advising of the transmittal of the 229 Amended Notice of Appeal filed by Ricky Clark to the U.S. Court of Appeals. (Retained counsel) (Attachments: # 1 Amended Notice of Appeal, # 2 Docket Sheet)(bjr2, ) (Entered: 10/24/2007) TRANSCRIPT ORDER FORM re 229 Notice of Appeal by Plaintiff Ricky Eugene Clark (Garrison, Leif) (Entered: 10/25/2007) TRANSCRIPT ORDER FORM re 229 Notice of Appeal (Supplemental) by Plaintiff Ricky Eugene Clark (Garrison, Leif) (Entered: 10/25/2007) REPORTER TRANSCRIPT ORDER FORM filed by Gwen Daniel; Transcripts ordered 04/06/07; 09/28/06 re: 229 Notice of Appeal filed by Ricky Clark: Transcript due by 12/25/2007. (bjr, ) (Entered: 10/29/2007)

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