CAND-ECF https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?109546523412...

ADRMOP, CLOSED, E-Filing

U.S. District Court

California Northern District (San Francisco)
CIVIL DOCKET FOR CASE #: 3:05-cv-00984-SI

Calpine Corporation v. Ace American Insurance Company Date Filed: 03/08/2005

Assigned to: Hon. Susan Illston
Cause: 28:1332 Diversity-Insurance Contract
Plaintiff
Calpine Corporation
a California Corporation
Date Terminated: 11/13/2007
Jury Demand: Plaintiff
Nature of Suit: 110 Insurance
Jurisdiction: Diversity
represented by Martin Lesley Seeger , IV
Babin & Seeger, LLP
3550 Round Barn Boulevard
Suite 201
Santa Rosa, CA 95403
707-526-7370
Fax: 707-526-0307
Email: mseeger@babinseeger.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Ace American Insurance Company represented by Thomas Holden
Morison Holden Derewetzky & Prough,
LLP
1550 Parkside Drive
Third Floor
Walnut Creek, CA 94596
925-937-9990
Fax: 925-937-3272
Email: thomas.holden@mhdplaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Brian Edward Sims

Morison Ansa Holden Assuncao &
Prough, LLP
1550 Parkside Drive

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Third Floor
Walnut Creek, CA 94596
925-937-9990
Fax: 925-937-3272
Email: Brian.Sims@morisonansa.com
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

03/08/2005 1 COMPLAINT (Summons issued); against Ace American Insurance Company (
Filing fee $ 250, receipt number 3370090.). Filed byCalpine Corporation. (ys,
COURT STAFF) (Filed on 3/8/2005) Additional attachment(s) added on
3/25/2005 (ys, COURT STAFF). (Entered: 03/09/2005)
03/08/2005 2 ADR SCHEDULING ORDER: Case Management Statement due by 7/1/2005.
Case Management Conference set for 7/8/2005 02:00 PM. (ys, COURT STAFF)
(Filed on 3/8/2005) Additional attachment(s) added on 3/9/2005 (ys, COURT
STAFF). (Entered: 03/09/2005)
03/08/2005 Summons Issued as to Ace American Insurance Company. (ys, COURT STAFF)
(Filed on 3/8/2005) (Entered: 03/09/2005)
03/08/2005 CASE DESIGNATED for Electronic Filing. (ys, COURT STAFF) (Filed on
3/8/2005) (Entered: 03/09/2005)
03/23/2005 3 CLERK'S NOTICE re: Failure to E-File (Complaint, Summons by plaintiff.)
(ys, COURT STAFF) (Filed on 3/23/2005) (Entered: 03/24/2005)
04/14/2005 4 CERTIFICATE OF SERVICE by Calpine Corporation of initial court
documents. (ys, COURT STAFF) (Filed on 4/14/2005) (Entered: 04/14/2005)
04/14/2005 5 CLERK'S NOTICE re: Failure to E-File (Proof of Service by plaintiff). (ys,
COURT STAFF) (Filed on 4/14/2005) (Entered: 04/14/2005)
04/26/2005 6 Request for Judicial Notice IN SUPPORT OF MOTION TO DISMISS
COMPLAINT OR, IN THE ALTERNATIVE, TO DISMISS THIRD CLAIM FOR
RELIEF, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6
filed byAce American Insurance Company. (Attachments: # 1 Exhibit 1# 2
Exhibit 2 (Part 1)# 3 Exhibit 2 (Part 2))(Sims, Brian) (Filed on 4/26/2005)
(Entered: 04/26/2005)
04/26/2005 7 MOTION to Dismiss COMPLAINT OR, IN THE ALTERNATIVE, TO DISMISS
THIRD CLAIM FOR RELIEF, PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE 12(b)(6) filed by Ace American Insurance Company. Motion
Hearing set for 6/3/2005 09:00 AM in Courtroom 10, 19th Floor, San Francisco.
(Sims, Brian) (Filed on 4/26/2005) (Entered: 04/26/2005)

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04/27/2005 8 Request for Judicial Notice re 6 Request for Judicial Notice, IN SUPPORT OF
MOTION TO DISMISS COMPLAINT OR, IN THE ALTERNATIVE, TO
DISMISS THIRD CLAIM FOR RELIEF, PURSUANT TO FEDERAL RULE OF
CIVIL PROCEDURE 12(B)(6) filed byAce American Insurance Company.
(Related document(s) 6 ) (Sims, Brian) (Filed on 4/27/2005) (Entered:
04/27/2005)
05/03/2005 9 CLERK'S NOTICE Motion Hearing set for 6/10/2005 09:00 AM. (ts, COURT
STAFF) (Filed on 5/3/2005) (Entered: 05/03/2005)
05/03/2005 Set/Reset Deadlines as to 7 MOTION to Dismiss COMPLAINT OR, IN THE
ALTERNATIVE, TO DISMISS THIRD CLAIM FOR RELIEF, PURSUANT TO
FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6). Motion Hearing set for
6/10/2005 09:00 AM. (ys, COURT STAFF) (Filed on 5/3/2005) (Entered:
05/04/2005)
05/19/2005 12 Received Document Stipulation and order to continue hearing on defendant's
motion to dismiss complaint or, in the alternative, to dismiss Third Claim for
relief pursuant to Federal Rule of Civil Procedure 12(b)(6) by Calpine
Corporation. (ys, COURT STAFF) (Filed on 5/19/2005) Additional
attachment(s) added on 5/23/2005 (ys, COURT STAFF). (Entered: 05/20/2005)
05/19/2005 10 Declaration in support of Stipulation and order to continue hearing on
defendant's motion to dismiss complaint or, in the alternative, to dismiss Third
Claim for releif pursuant to Federal Rule of Civil Procedure 12(b)(6) filed
byCalpine Corporation. (ys, COURT STAFF) (Filed on 5/19/2005) Additional
attachment(s) added on 5/23/2005 (ys, COURT STAFF). (Entered: 05/20/2005)
05/20/2005 11 CLERK'S NOTICE re: Failure to E-File Stipulation and Order to continue
hearing, declaration in support of stipulation and order by plaintiff. (ys, COURT
STAFF) (Filed on 5/20/2005) (Entered: 05/20/2005)
05/23/2005 13 ORDER continuing motion to 6/24/05. Signed by Judge Illston on 5/20/05. (ts,
COURT STAFF) (Filed on 5/23/2005) (Entered: 05/23/2005)
05/23/2005 Set/Reset Deadlines as to 7 MOTION to Dismiss COMPLAINT OR, IN THE
ALTERNATIVE, TO DISMISS THIRD CLAIM FOR RELIEF, PURSUANT TO
FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6). Motion Hearing set for
6/24/2005 09:00 AM. (ys, COURT STAFF) (Filed on 5/23/2005) (Entered:
05/24/2005)
05/27/2005 14 MEMORANDUM of Points & Authorities in Oppostion to re 7 MOTION to
Dismiss COMPLAINT OR, IN THE ALTERNATIVE, TO DISMISS THIRD
CLAIM FOR RELIEF, PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE 12(b)(6). Filed by PlaintiffCalpine Corporation. (Related
document(s) 7 ). (tn, COURT STAFF) (Filed on 5/27/2005) Additional
attachment(s) added on 6/3/2005 (rcs, COURT STAFF). Additional
attachment(s) added on 6/3/2005 (rcs, COURT STAFF). (Entered: 06/01/2005)

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05/27/2005 15 OPPOSITION to re 8 Request for Judicial Notice in Support of Motion to

Dismiss Complaint. Filed by Plaintiff Calpine Corporation. (Related
document(s) 8 ).(tn, COURT STAFF) (Filed on 5/27/2005) Additional
attachment(s) added on 6/3/2005 (rcs, COURT STAFF). (Entered: 06/01/2005)
05/27/2005 16 DECLARATION of Martin L. Seeger, IV in Support of re 15 Opposition to
Defendant's Request for Judicial Notice in Support of Motion to Dismiss
Complaint. Filed by PlaintiffCalpine Corporation. (Related document(s) 15 ).(tn,
COURT STAFF) (Filed on 5/27/2005) Additional attachment(s) added on
6/3/2005 (rcs, COURT STAFF). (Entered: 06/01/2005)
06/01/2005 17 CLERK'S NOTICE To Plaintiff's Counsel re: Failure to E-File and/or Failure to
Register as an E-Filer. (tn, COURT STAFF) (Filed on 6/1/2005) (Entered:
06/01/2005)
06/17/2005 18 RESPONSE in Support Of 7 Defendant's Motion to Dismiss Complaint Or, in
the Alternative, to Dismiss Third Claim for Relief Pursuant to Federal Rule of
Civil Procedure 12(b)(6) filed byAce American Insurance Company. (Sims,
Brian) (Filed on 6/17/2005) Modified on 6/21/2005 (ys, COURT STAFF).
(Entered: 06/17/2005)
06/17/2005 19 ERRATA re 6 Request for Judicial Notice, in Support of Motion to Dismiss by
Ace American Insurance Company, Ace American Insurance Company. (Sims,
Brian) (Filed on 6/17/2005) (Entered: 06/17/2005)
06/17/2005 20 STIPULATION and Order to Reschedule Hearing on Defendant's Motion to
Dismiss Complaint Or, in the Alternative, to Dismiss Third Claim for Relief
Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Ace American
Insurance Company. (Sims, Brian) (Filed on 6/17/2005) (Entered: 06/17/2005)
06/17/2005 23 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) by parties. (ys,
COURT STAFF) (Filed on 6/17/2005) (Entered: 06/21/2005)
06/20/2005 21 STIPULATION AND ORDER continuing motion to 7/1/05. Signed by Judge
Illston on 6/20/05. (ts, COURT STAFF) (Filed on 6/20/2005) (Entered:
06/20/2005)
06/20/2005 22 CORRECT ORDER CONTINUING MOTION (PREVIOUS ORDER FILED
IN ERROR). Signed by Judge Illston on 6/20/05. (ts, COURT STAFF) (Filed on
6/20/2005) (Entered: 06/20/2005)
06/20/2005 Set/Reset Deadlines as to 7 MOTION to Dismiss COMPLAINT OR, IN THE
ALTERNATIVE, TO DISMISS THIRD CLAIM FOR RELIEF, PURSUANT TO
FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6). Motion Hearing set for
7/1/2005 09:00 AM. (ys, COURT STAFF) (Filed on 6/20/2005) (Entered:
06/21/2005)
06/21/2005 24 CLERK'S NOTICE re: Failure to E-File NOTICE OF NEED FOR ADR
PHONE CONFERENCE [ADR L.R.3-5]. (ys, COURT STAFF) (Filed on

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6/21/2005) (Entered: 06/21/2005)

06/28/2005 25 Letter from Martin L. Seeger, IV. (Seeger, Martin) (Filed on 6/28/2005)
(Entered: 06/28/2005)
07/06/2005 26 STIPULATION and Order to Continue Case Management Conference by
Calpine Corporation. (Seeger, Martin) (Filed on 7/6/2005) (Entered:
07/06/2005)
07/07/2005 27 Minute Entry: Motion Hearing (Date Filed: 7/7/2005). (Court Reporter
Yeomans.) (ts, COURT STAFF) (Date Filed: 7/7/2005) (Entered: 07/07/2005)
07/07/2005 28 ORDER granting in part and denying in part re 7 Motion to DISMISS. Signed
by Judge Illston on 7/1/05. (ts, COURT STAFF) (Filed on 7/7/2005) Modified
on 7/8/2005 (ys, COURT STAFF). (Entered: 07/07/2005)
07/08/2005 29 STIPULATION AND ORDER continuing case management to 7/29/05. Signed
by Judge Illston on 7/8/05. (ts, COURT STAFF) (Filed on 7/8/2005) (Entered:
07/08/2005)
07/08/2005 Set Deadlines/Hearings: Case Management Conference set for 7/29/2005 02:00
PM. (ys, COURT STAFF) (Filed on 7/8/2005) (Entered: 07/11/2005)
07/27/2005 30 JOINT CASE MANAGEMENT STATEMENT filed by Ace American
Insurance Company. (Sims, Brian) (Filed on 7/27/2005) (Entered: 07/27/2005)
12/27/2005 31 NOTICE by Calpine Corporation Notice of Bankruptcy and Automatic Stay of
Proceedings (Seeger, Martin) (Filed on 12/27/2005) (Entered: 12/27/2005)
01/03/2006 32 Order/Statistical Closing. Signed by Judge Illston on 1/3/06. (ts, COURT
STAFF) (Filed on 1/3/2006) (Entered: 01/03/2006)
01/19/2007 33 Letter from Martin L. Seeger, IV, Counsel of Record for Plaintiff, Calpine
Corporation. (Attachments: # 1 Exhibit)(Seeger, Martin) (Filed on 1/19/2007)
(Entered: 01/19/2007)
01/26/2007 34 CLERK'S NOTICE Case Management Conference set for 2/23/2007 02:30 PM.
(ts, COURT STAFF) (Filed on 1/26/2007) (Entered: 01/26/2007)
02/09/2007 35 JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed
by Calpine Corporation. (Seeger, Martin) (Filed on 2/9/2007) (Entered:
02/09/2007)
02/09/2007 36 STIPULATION FOR TELEPHONIC APPEARANCE AT THE CASE
MANAGEMENT CONFERENCE AND PROPOSED ORDER by Calpine
Corporation. (Seeger, Martin) (Filed on 2/9/2007) (Entered: 02/09/2007)
02/15/2007 37 ORDER granting request to appear by phone. Signed by Judge Illston on
2/14/07. (ts, COURT STAFF) (Filed on 2/15/2007) (Entered: 02/15/2007)

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02/27/2007 38 Minute Entry: Further Case Management Conference held on 2/23/2007 before
Illston (Date Filed: 2/27/2007). () (ts, COURT STAFF) (Date Filed: 2/27/2007)
(Entered: 02/27/2007)
02/27/2007 THIS CASE SHALL BE REOPENED Remark (ts, COURT STAFF) (Filed on
2/27/2007) (Entered: 02/27/2007)
04/17/2007 39 STIPULATION CONTINUING OPERATIVE DATES FOR MOTION FOR
SUMMARY JUDGMENT AND PROPOSED ORDER by Calpine Corporation.
(Seeger, Martin) (Filed on 4/17/2007) (Entered: 04/17/2007)
04/24/2007 40 ORDER continuing motion hearing to 8/3/07. Signed by Judge Illston on
4/23/07. (ts, COURT STAFF) (Filed on 4/24/2007) (Entered: 04/24/2007)
06/29/2007 41 MOTION to Compel Further Deposition Testimony, Request for Monetary
Sanctions, and Postponement of Hearing on Motion for Summary Judgment
filed by Calpine Corporation. Motion Hearing set for 9/7/2007 09:00 AM in
Courtroom 10, 19th Floor, San Francisco. (Attachments: # 1 Notice of Motion#
2 Memorandum of Points and Authorities# 3 Declaration of Martin L. Seeger,
IV# 4 Proposed Order)(Seeger, Martin) (Filed on 6/29/2007) (Entered:
06/29/2007)
06/29/2007 42 MOTION for Summary Judgment filed by Ace American Insurance Company.
Motion Hearing set for 8/3/2007 09:00 AM in Courtroom 10, 19th Floor, San
Francisco. (Sims, Brian) (Filed on 6/29/2007) (Entered: 06/29/2007)
06/29/2007 43 Declaration of Thomas Holden in Support of 42 MOTION for Summary
Judgment filed byAce American Insurance Company. (Attachments: # 1 Exhibit
Exh A to Tom Holden Decl# 2 Exhibit Exh B Part One to Tom Holden Decl# 3
Exhibit Exh B Part Two to Tom Holden Decl)(Related document(s) 42 ) (Sims,
Brian) (Filed on 6/29/2007) (Entered: 06/29/2007)
06/29/2007 44 Declaration of Joy Teitsma in Support of 42 MOTION for Summary Judgment
filed byAce American Insurance Company. (Related document(s) 42 ) (Sims,
Brian) (Filed on 6/29/2007) (Entered: 06/29/2007)
06/29/2007 45 Request for Judicial Notice re 42 MOTION for Summary Judgment filed byAce
American Insurance Company. (Related document(s) 42 ) (Sims, Brian) (Filed
on 6/29/2007) (Entered: 06/29/2007)
07/13/2007 46 Memorandum in Opposition to 42 Defendant ACE American Insurance
Company's Motion for Summary Judgment filed byCalpine Corporation.
(Attachments: # 1 Declaration of Martin L. Seeger, IV# 2 Declaration of W.
Thomas Box, Jr.)(Seeger, Martin) (Filed on 7/13/2007) Modified on 7/16/2007
(ys, COURT STAFF). (Entered: 07/13/2007)
07/20/2007 47 ACE American Insurance Company's Reply In Support Of 42 Its Motion For
Summary Judgment filed byAce American Insurance Company. (Holden,
Thomas) (Filed on 7/20/2007) Modified on 7/20/2007 (ys, COURT STAFF).

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(Entered: 07/20/2007)
07/23/2007 48 MOTION for Protective Order and Opposition to 41 Plaintiff's Motion to
Compel filed by Ace American Insurance Company. Motion Hearing set for
9/7/2007 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Holden,
Thomas) (Filed on 7/23/2007) Modified on 7/30/2007 (ys, COURT STAFF).
(Entered: 07/23/2007)
07/23/2007 49 Declaration of Brian E. Sims in Support of 48 MOTION for Protective Order
and Opposition to Plaintiff's Motion to Compel filed byAce American Insurance
Company. (Related document(s) 48 ) (Holden, Thomas) (Filed on 7/23/2007)
(Entered: 07/23/2007)
07/24/2007 50 MOTION to Continue Hearing on Defendant's Motion for Summary Judgment
filed by Calpine Corporation. Motion Hearing set for 8/3/2007 09:00 AM in
Courtroom 10, 19th Floor, San Francisco. (Attachments: # 1 Declaration of
Martin L. Seeger, IV, in Support of Calpine Corporation's Request for
Continuance of Hearing on Defendant's Motion for Summary Judgment# 2
Errata to Plaintiff Calpine Corporation's Opposition to Defendant Ace American
Insurance Company's Motion for Summary Judgment)(Seeger, Martin) (Filed on
7/24/2007) (Entered: 07/24/2007)
07/30/2007 51 Supplemental Declaration of Martin L. Seeger, IV, in Support of 50 Plaintiff
Calpine Corporation's Request for Continuance of Hearing on Defendant's
Motion for Summary Judgment filed byCalpine Corporation. (Seeger, Martin)
(Filed on 7/30/2007) Modified on 7/31/2007 (ys, COURT STAFF). (Entered:
07/30/2007)
07/31/2007 52 Memorandum in Opposition re 50 MOTION to Continue Hearing on
Defendant's Motion for Summary Judgment, 42 MOTION for Summary
Judgment Opposition to Plaintiff's Request for Continuance Under Rule 56(f)
filed byAce American Insurance Company. (Sims, Brian) (Filed on 7/31/2007)
(Entered: 07/31/2007)
08/02/2007 53 ORDER granting plaintiff's request for continuance of hearing on defendant's
motion for summary judgment (SI, COURT STAFF) (Filed on 8/2/2007)
(Entered: 08/02/2007)
08/02/2007 Set/Reset Deadlines as to 42 MOTION for Summary Judgment. Motion Hearing
set for 9/7/2007 09:00 AM. (ys, COURT STAFF) (Filed on 8/2/2007) (Entered:
08/03/2007)
08/24/2007 54 STIPULATION Stipulation and Order to Reschedule Hearing on Defendant's
Motion for Summary Judgment and Related Matters by Ace American Insurance
Company. (Sims, Brian) (Filed on 8/24/2007) (Entered: 08/24/2007)
08/24/2007 55 Reply to Defendant's Opposition to Motion to Compel Further Deposition
Testimony, Request for Monetary Sanctions; and Request for Protective Order
filed byCalpine Corporation. (Seeger, Martin) (Filed on 8/24/2007) Modified on

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8/27/2007 (ys, COURT STAFF). (Entered: 08/24/2007)

09/04/2007 56 ORDER continuing both motions. Signed by Judge Illston on 9/1/07. (ts,
COURT STAFF) (Filed on 9/4/2007) (Entered: 09/04/2007)
09/04/2007 Set/Reset Deadlines as to 42 MOTION for Summary Judgment, 41 MOTION to
Compel Further Deposition Testimony, Request for Monetary Sanctions, and
Postponement of Hearing on Motion for Summary Judgment. Motion Hearing
set for 9/28/2007 09:00 AM. (rcs, COURT STAFF) (Filed on 9/4/2007)
(Entered: 09/05/2007)
09/21/2007 57 Supplemental Submission in Support of 42 Defendant Ace American Insurance
Company's Motion for Summary Judgment filed byAce American Insurance
Company. (Related document(s) 42 ) (Sims, Brian) (Filed on 9/21/2007)
Modified on 9/26/2007 (ys, COURT STAFF). (Entered: 09/21/2007)
09/21/2007 58 Declaration of Brian E. Sims in Support of 57 Memorandum in Support,
Declaration of Brian E. Sims in Support of Ace American Insurance Company's
Supplemental Submission in Support of Motion for Summary Judgment filed
byAce American Insurance Company. (Related document(s) 57 ) (Sims, Brian)
(Filed on 9/21/2007) (Entered: 09/21/2007)
09/21/2007 59 Declaration of CAROLDEAN BROCCI in Support of 57 Memorandum in
Support, DECLARATION OF CAROLDEAN BROCCI REGARDING
ENDORSEMENT 17 filed byAce American Insurance Company. (Attachments:
# 1 Exhibit # 2 Exhibit)(Related document(s) 57 ) (Sims, Brian) (Filed on
9/21/2007) (Entered: 09/21/2007)
09/21/2007 60 DECLARATION of Martin L. Seeger, IV Regarding Endorsement Number 17
Pursuant to Order Granting Plaintiff's Continuance of Hearing on Defendant's
Motion for Summary Judgment filed byCalpine Corporation. (Seeger, Martin)
(Filed on 9/21/2007) (Entered: 09/21/2007)
09/21/2007 61 DECLARATION of Kevin Cunningham Regarding Endorsement Number 17
Pursuant to Order Granting Plaintiff's Request for Continuance of Hearing on
Defendant's Motion for Summary Judgment filed byCalpine Corporation.
(Seeger, Martin) (Filed on 9/21/2007) (Entered: 09/21/2007)
09/21/2007 62 MOTION to Compel Further Deposition Testimony and Request for Monetary
Sanctions filed by Calpine Corporation. Motion Hearing set for 11/9/2007 09:00
AM in Courtroom 10, 19th Floor, San Francisco. (Attachments: # 1 Notice of
Motion to Compel Further Deposition Testimony and Request for Monetary
Sanctions# 2 Memorandum of Points and Authorities in Support of Motion to
Compel Further Deposition Testimony and Request for Monetary Sanctions# 3
Declaration of Martin L. Seeger, IV, in Support of Motion to Compel Further
Deposition Testimony and Request for Monetary Sanctions# 4 Proposed Order
Granting Motion to Compel Further Deposition Testimony and Request for
Monetary Sanctions)(Seeger, Martin) (Filed on 9/21/2007) (Entered:

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09/21/2007)
09/25/2007 63 ORDER CONTINUING HEARING ON DEFENDANT'S MOTION FOR
SUMMARY JUDGMENT to 10/12/07 at 9:00 a.m.. Signed by Judge Susan
Illston. (SI, COURT STAFF) (Filed on 9/25/2007) (Entered: 09/25/2007)
09/25/2007 Set/Reset Deadlines as to 42 MOTION for Summary Judgment. Motion Hearing
set for 10/12/2007 09:00 AM. (ys, COURT STAFF) (Filed on 9/25/2007)
(Entered: 09/26/2007)
09/25/2007 64 MEMORANDUM in Opposition re 57 Supplemental Submission filed
byCalpine Corporation. (Related document(s) 57 ) (ys, COURT STAFF) (Filed
on 9/25/2007) (Entered: 09/26/2007)
09/25/2007 65 Declaration of Martin L. Seeger, IV regarding Attempted Electric Service on
September 24, 2007 filed byCalpine Corporation. (ys, COURT STAFF) (Filed
on 9/25/2007) (Entered: 09/26/2007)
09/25/2007 66 ERRATA to re 60 Declaration of Martin L. Seeger, IV, regarding endorsement
number 17 pursuant to order granting plaintiff's continuance of hearing on
defendant's motion for summary judgment by Calpine Corporation. (ys, COURT
STAFF) (Filed on 9/25/2007) (Entered: 09/26/2007)
09/27/2007 67 CLERK'S NOTICE Continuing Motion Hearing Motion Hearing set for
10/12/2007 09:00 AM. (ts, COURT STAFF) (Filed on 9/27/2007) (Entered:
09/27/2007)
09/27/2007 Set/Reset Deadlines as to 41 MOTION to Compel Further Deposition
Testimony, Request for Monetary Sanctions, and Postponement of Hearing on
Motion for Summary Judgment. Motion Hearing set for 10/12/2007 09:00 AM.
(ys, COURT STAFF) (Filed on 9/27/2007) (Entered: 09/28/2007)
10/05/2007 68 ACE AMERICAN INSURANCE COMPANY'S RESPONSE TO 70 CALPINE'S
SUPPLEMENTAL SUBMISSIONS IN OPPOSITION TO ACE'S MOTION FOR
SUMMARY JUDGMENT filed byAce American Insurance Company. (Sims,
Brian) (Filed on 10/5/2007) Modified on 10/9/2007 (ys, COURT STAFF).
(Entered: 10/05/2007)
10/05/2007 69 DECLARATION OF THOMAS HOLDEN IN SUPPORT OF 68 ACE
AMERICAN INSURANCE COMPANY'S RESPONSE TO CALPINE'S
SUPPLEMENTAL SUBMISSIONS IN OPPOSITION TO MOTION FOR
SUMMARY JUDGMENT filed byAce American Insurance Company. (Related
document(s) 68 ) (Sims, Brian) (Filed on 10/5/2007) Modified on 10/9/2007 (ys,
COURT STAFF). (Entered: 10/05/2007)
10/05/2007 70 Memorandum in Opposition - Supplemental Submission in Opposition to
Defendant's Motion for Summary Judgment filed byCalpine Corporation.
(Attachments: # 1 Declaration of Martin L. Seeger, IV, in Support of
Supplemental Submission in Opposition to Defendant's Motion for Summary

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Judgment# 2 Objections to Evidence Submitted as Part of Supplemental

Submission in Support of Defendant's Motion for Summary Judgment)(Seeger,
Martin) (Filed on 10/5/2007) (Entered: 10/05/2007)
10/12/2007 71 ORDER granting 42 defendant's motion for summary judgment, denying 41
plaintiff's motion to compel, and denying as moot 48 defendant's motion for a
protective order. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on
10/12/2007) (Entered: 10/12/2007)
10/16/2007 72 Minute Entry: Motion Hearing held on 10/12/2007 before Illston (Date Filed:
10/16/2007). (Court Reporter McVickar.) (ts, COURT STAFF) (Date Filed:
10/16/2007) (Entered: 10/16/2007)
11/06/2007 73 Notice of Withdrawal of Motion to Compel Further Deposition Testimony, and
Request for Monetary Sanctions filed byCalpine Corporation. (Seeger, Martin)
(Filed on 11/6/2007) (Entered: 11/06/2007)
11/08/2007 74 REQUEST by Ace American Insurance Company re 71 Order on Motion to
Compel, REQUEST PURSUANT TO FRCP 58(d) FOR ENTRY OF
JUDGMENT (Holden, Thomas) (Filed on 11/8/2007) Modified on 11/9/2007
(ys, COURT STAFF). (Entered: 11/08/2007)
11/08/2007 75 [Proposed} Order by Ace American Insurance Company re 71 Order on Motion
to Compel, [PROPOSED] JUDGMENT (Holden, Thomas) (Filed on 11/8/2007)
Modified on 11/9/2007 (ys, COURT STAFF). (Entered: 11/08/2007)
11/13/2007 76 JUDGMENT in entered in favor of ACE American Insurance Company on all
causes of action contained in the Complaint of plaintiff Calpine Corporation.
Costs are awarded to ACE American against Calpine as maybe taxed on its
memorandum of costs. Signed by Judge Illston on 11/9/07. (ts, COURT STAFF)
(Filed on 11/13/2007) (Entered: 11/13/2007)

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