APPEAL, TYPE-E

U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:03-cv-01524-JR


THE SOCIETY OF LLOYD'S v. SIEMON-NETTO et al
Assigned to: Judge James Robertson
Demand: $75,000
Case in other court: USCA-DC, 04-07214
Cause: 28:1332 Diversity-Auto Negligence

Date Filed: 07/15/2003
Date Terminated: 11/17/2004
Jury Demand: Defendant
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: Federal Question
Plaintiff
SOCIETY OF LLOYD'S represented byRaul Antonio Cuervo
JORDEN BURT LLP
1025 Thomas Jefferson Street, NW
Suite 400 East
Washington, DC 20007
(202) 295-6505
Fax: (202) 965-8104
Email: rac@jordenusa.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Elizabeth M. Bohn
JORDEN BURT LLP
777 Brickell Avenue
Suite 500
Miami, FL 33131
(305) 347-6879
ATTORNEY TO BE NOTICED

Stephen J. Jorden
JORDEN BURT LLP
1025 Thomas Jefferson Street, NW
Suite 400 East
Washington, DC 20007
(202) 965-8190
Fax: (202) 965-8104
Email: sj@jordenusa.com
ATTORNEY TO BE NOTICED

V.
Defendant
GILLIAN MARY SIEMON-NETTO represented byBrian A. Ratner
COHEN, MILSTEIN, HAUSFELD & TOLL, PLLC
1100 New York Avenue, NW
Suite 500
Washington, DC 20005
(202) 589-2271
Fax: (202) 408-4699
Email: bratner@cmht.com
ATTORNEY TO BE NOTICED

Philip J. Miller
BEATIE & OSBORN, LLP
521 Fifth Avenue
34th Floor
New York, NY 10175
(212) 888-9000
Fax: (212) 888-9664
Email: pmiller@bandolaw.com
ATTORNEY TO BE NOTICED

Russel H. Beatie
BEATIE & OSBORN, LLP
521 Fifth Avenue
34th Floor
New York, NY 10175
(212) 888-9000
Fax: (212) 888-9664
Email: bhunter@bandolaw.com
ATTORNEY TO BE NOTICED
Defendant
UWE SIEMON-NETTO represented byBrian A. Ratner
(See above for address)
ATTORNEY TO BE NOTICED

Philip J. Miller
(See above for address)
ATTORNEY TO BE NOTICED

Russel H. Beatie
(See above for address)
ATTORNEY TO BE NOTICED
Counter Claimant
GILLIAN MARY SIEMON-NETTO represented byPhilip J. Miller
(See above for address)
ATTORNEY TO BE NOTICED

Russel H. Beatie
(See above for address)
ATTORNEY TO BE NOTICED
Counter Claimant
UWE SIEMON-NETTO represented byPhilip J. Miller
(See above for address)
ATTORNEY TO BE NOTICED

Russel H. Beatie
(See above for address)
ATTORNEY TO BE NOTICED

V.
Counter Defendant
SOCIETY OF LLOYD'S represented byElizabeth M. Bohn
(See above for address)
ATTORNEY TO BE NOTICED

Stephen J. Jorden
(See above for address)
ATTORNEY TO BE NOTICED
Counter Claimant
GILLIAN MARY SIEMON-NETTO represented byPhilip J. Miller
(See above for address)
ATTORNEY TO BE NOTICED

Russel H. Beatie
(See above for address)
ATTORNEY TO BE NOTICED
Counter Claimant
UWE SIEMON-NETTO represented byPhilip J. Miller
(See above for address)
ATTORNEY TO BE NOTICED

Russel H. Beatie
(See above for address)
ATTORNEY TO BE NOTICED

V.
Counter Defendant
SOCIETY OF LLOYD'S

Date Filed

#

Docket Text

07/15/20031COMPLAINT against GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO (Filing fee $ 150.) , filed by THE SOCIETY OF LLOYD'S. (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)(rje, ) (Entered: 07/18/2003)
07/15/20032LCvR 26.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE SOCIETY OF LLOYD'S (rje, ) (Entered: 07/18/2003)
07/15/2003 Summons (2) Issued as to GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO. (rje, ) (Entered: 07/18/2003)
07/22/20033RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GILLIAN MARY SIEMON-NETTO served on 7/18/2003, answer due 8/7/2003; UWE SIEMON-NETTO served on 7/18/2003, answer due 8/7/2003 (bcs, ) (Entered: 07/31/2003)
08/06/20034 MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO. (Ratner, Brian) (Entered: 08/06/2003)
08/08/2003 MINUTE ENTRY: Court grants defendants' motion for extension of time 4 to September 19, 2003. Signed by Judge James Robertson on August 8, 2003. (MT) (Entered: 08/08/2003)
09/19/20035 ANSWER to Complaint, COUNTERCLAIM against all plaintiffs by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO.(Ratner, Brian) (Entered: 09/19/2003)
09/23/20036ENTERED IN ERROR.....MOTION for Leave to Appear Pro Hac Vice by THE SOCIETY OF LLOYD'S. (Attachments: # 1 Exhibit Certificates of Good Standing)(Cuervo, Raul) Modified on 9/25/2003 (bcs, ). (Entered: 09/23/2003)
09/25/2003 "NOTICE OF CORRECTED DOCKET ENTRY. Document No. 6 was entered in error and counsel was instructed to refile said pleading." (bcs, ) (Entered: 09/25/2003)
09/25/20037 MOTION for Leave to Appear Pro Hac Vice by THE SOCIETY OF LLOYD'S. (Attachments: # 1 Exhibit Good Standing Certificates for Elizabeth Bohn# 2 Text of Proposed Order Order Granting Admission Pro Hac Vice)(Cuervo, Raul) (Entered: 09/25/2003)
10/07/20038 AMENDED ANSWER to Complaint with Jury Demand AMENDED AFFIRMATIVE DEFENSES, Amended COUNTERCLAIM and Affidavit of Service against THE SOCIETY OF LLOYD'S by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO.(Miller, Philip) (Entered: 10/07/2003)
10/08/20039ENTERED IN ERROR.....MOTION to Certify Class Memorandum of Law in support of motion by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO. (Miller, Philip) Modified on 10/9/2003 (bcs, ). (Entered: 10/08/2003)
10/08/200310ENTERED IN ERROR.......MOTION to Certify Class Notice of Motion by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO. (Miller, Philip) Modified on 10/9/2003 (bcs, ). (Entered: 10/08/2003)
10/08/200311ENTERED IN ERROR.....MOTION to Certify Class Affidavit of Russel H. Beatie In Support Of Motio For Class Certification by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO. (Attachments: # 1 Exhibit 1995 Report to the New York Superintendent of Insurance# 2 Exhibit Beatie and Osborn LLP Firm Resume# 3 Exhibit Lloyd's American Trust Deed, dated September 1996)(Miller, Philip) Modified on 10/9/2003 (bcs, ). (Entered: 10/08/2003)
10/08/200312ENTERED IN ERROR.....MOTION to Certify Class Proposed Order Granting Motion For Class Certification by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO. (Miller, Philip) Modified on 10/9/2003 (bcs, ). (Entered: 10/08/2003)
10/09/200313 MOTION to Certify Class by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO. (Attachments: # 1 Affidavit of Russel Beatie# 2 Exhibit A to Affidavit of Russel Beatie# 3 Exhibit B to Affidavit of Russel Beatie# 4 Exhibit C to Affidavit of Russel Beatie# 5 Proposed Order Granting Defendants and Counterclaim Plaintiffs' Motion to Certify Two Classes)(Miller, Philip) (Entered: 10/09/2003)
10/10/200314ORDER granting upon condition plaintiff's motion for pro hac vice appearance 7 of Elizabeth M. Bohn . Signed by Judge James Robertson on October 10, 2003. (MT) (Entered: 10/10/2003)
10/17/200315ATTORNEY APPEARANCE. (Jorden, Stephen) (Entered: 10/17/2003)
10/17/200316 MOTION for Extension of Time to Respond to Motion for Class Certification by SOCIETY OF LLOYD'S. (Attachments: # 1 Text of Proposed Order)(Jorden, Stephen) (Entered: 10/17/2003)
10/17/200317 MOTION for Extension of Time to File Response/Reply to Amended Answer, Counterclaims, and Class Action Counterclaim by SOCIETY OF LLOYD'S. (Attachments: # 1 Text of Proposed Order)(Jorden, Stephen) (Entered: 10/17/2003)
10/20/2003 MINUTE ENTRY: Court grants plaintiff's motion for extension of time 16 to November 18, 2003. Signed by Judge James Robertson on October 20, 2003. (MT) (Entered: 10/20/2003)
10/20/2003 MINUTE ENTRY: Court grants plaintiff's motion for extension of time 17 to November 10, 2003 . Signed by Judge James Robertson on October 20, 2003. (MT) (Entered: 10/20/2003)
10/21/200318NOTICE of Appearance by Russel H. Beatie on behalf of GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO (Beatie, Russel) (Entered: 10/21/2003)
10/24/200319MEET AND CONFER STATEMENT by Plaintiff and Defendants. (bcs, ) (Entered: 10/27/2003)
10/27/2003 Calendar Entry, Set/Reset Hearings: Initial Conference set for 11/13/2003 04:00 PM in the chambers of Judge James Robertson. (dam, ) (Entered: 10/27/2003)
11/10/200320First MOTION to Dismiss Defendants' Counterclaims by SOCIETY OF LLOYD'S. (Attachments: # 1 Exhibit Gillian Siemon-Netto General Undertaking# 2 Exhibit Uwe Siemon-Netto General Undertaking# 3 Text of Proposed Order [Proposed] Order)(Jorden, Stephen) (Entered: 11/10/2003)
11/10/200321First MOTION to Strike Affirmative Defenses by SOCIETY OF LLOYD'S. (Attachments: # 1 Text of Proposed Order [Proposed] Order)(Jorden, Stephen) (Entered: 11/10/2003)
11/18/200322Second MOTION for Extension of Time to File Response/Reply To Defendants/Counterclaim Plaintiffs' Motion for Class Certification by SOCIETY OF LLOYD'S. (Attachments: # 1 Text of Proposed Order)(Jorden, Stephen) (Entered: 11/18/2003)
11/19/2003 MINUTE ENTRY: Court grants plaintiff's motion for extension of time 22. Lloyd's shall have until a date to be set by the Court and the parties pursuant to a negotiated scheduling order to respond to defendant/counterclaim plaintiffs' motion for class certification . Signed by Judge James Robertson on November 19, 2003. (MT) (Entered: 11/19/2003)
12/04/200323First MOTION for Extension of Time to File Response/Reply as to 20 First MOTION to Dismiss Defendants' Counterclaims, 21 First MOTION to Strike Affirmative Defenses by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO. (Attachments: # 1 Text of Proposed Order)(Miller, Philip) (Entered: 12/04/2003)
12/08/2003 MINUTE ENTRY: Court granting defendants' motion for extension of time 23 to December 10, 2003 to file response and to December 23, 2003 for plaintiff to file reply . Signed by Judge James Robertson on December 8, 2003. (MT) (Entered: 12/08/2003)
12/10/200324Memorandum in opposition to motion re 21 Dismis Counterclaims and Strike Affirmative Defenses filed by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO. (Attachments: # 1 Affidavit Affidavit of Russel H. Beatie with Exhibits# 2 Exhibit Exhibit A - Lloyd's American Trust Deed# 3 Exhibit Exhibit B - 1995 Report to New York Superintendent of Insurance)(Miller, Philip) (Entered: 12/10/2003)
12/19/200325 MOTION for Extension of Time to File Response/Reply to Defendants/Counterclaim Plaintiffs' Opposition to Plaintiff's Motions to Dismiss Counterclaims and to Strike Affirmative Defenses by SOCIETY OF LLOYD'S. (Attachments: # 1 Text of Proposed Order Order)(Jorden, Stephen) (Entered: 12/19/2003)
12/22/2003 MINUTE ENTRY: Court grants plaintiff's uncontested motion for extension of time 25 to January 7, 2004 . Signed by Judge James Robertson on December 22, 2003. (MT) (Entered: 12/22/2003)
01/07/200426REPLY in support of motion re 21 to Strike Affirmative Defenses and Its Motion to Dismiss Counterclaims filed by SOCIETY OF LLOYD'S. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Jorden, Stephen) (Entered: 01/07/2004)
01/27/200427Letter and notice of filing motion for transfer pursuant to 28 U.S.C.1407. (Attachments: # 1Notice of bulky exhibit) (bcs, ) (Entered: 01/30/2004)
02/20/200428RESPONSE to Defendants' Request for Stay (in Letter to Court dated January 22, 2004 (Docket Entry # 27)) filed by SOCIETY OF LLOYD'S. (Jorden, Stephen) (Entered: 02/20/2004)
05/14/200429NOTICE by SOCIETY OF LLOYD'S re 21 First MOTION to Strike Affirmative Defenses, 20 First MOTION to Dismiss Defendants' Counterclaims of Filing of Supplemental Authority (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Jorden, Stephen) (Entered: 05/14/2004)
06/24/200430Unopposed MOTION Request For Oral Argument re 21 First MOTION to Strike Affirmative Defenses, 20 First MOTION to Dismiss Defendants' Counterclaims by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO. (Attachments: # 1 Text of Proposed Order Granting Request For Oral Argument)(Miller, Philip) (Entered: 06/24/2004)
07/14/2004 NOTICE of Hearing on Motion 21 First MOTION to Strike Affirmative Defenses. 20 First MOTION to Dismiss Defendants' Counterclaims. Motion Hearing set for 7/26/2004 10:00 AM in Courtroom 16 before Judge James Robertson. (dam, ) (Entered: 07/14/2004)
07/22/2004 Motions hearing re-set for 7/27/2004 at 2:00 PM in courtroom 16 before Judge James Robertson; 20 First MOTION to Dismiss Defendants' Counterclaims, 21 First MOTION to Strike Affirmative Defenses:(dam, ) (Entered: 07/22/2004)
07/27/2004 Motion Hearing held. 21 First MOTION to Strike Affirmative Defenses filed by SOCIETY OF LLOYD'S, 20 First MOTION to Dismiss Defendants' Counterclaims filed by SOCIETY OF LLOYD'S. The motions are heard and taken under advisement. (Court Reporter Susan Harris (Miller Reporting) (dam, ) (Entered: 07/27/2004)
08/20/200431MEMORANDUM. Signed by Judge James Robertson on August 20, 2004. (MT) (Entered: 08/20/2004)
08/20/200432ORDER granting plaintiff's motion to strike 21 and granting plaintiff's motion to dismiss 20 . Signed by Judge James Robertson on August 20, 2004. (MT) (Entered: 08/20/2004)
09/21/200433ENTERED IN ERROR.....MOTION for Summary Judgment against defendants by SOCIETY OF LLOYD'S. (Cuervo, Raul) Modified on 9/22/2004 (lc, ). (Entered: 09/21/2004)
09/21/200434ENTERED IN ERROR.....MOTION for Summary Judgment Memorandum of Law in Support of Lloyd's Motion for Final Summary Judgment Against Defendants by SOCIETY OF LLOYD'S. (Cuervo, Raul) Modified on 9/22/2004 (lc, ). (Entered: 09/21/2004)
09/21/200435ENTERED IN ERROR.....MOTION for Summary Judgment Lloyd's Statment of Material Facts As To Which No Genuine Issue Exists in Support of Motion for Final Summary Judgment Against Defendants by SOCIETY OF LLOYD'S. (Cuervo, Raul) Modified on 9/22/2004 (lc, ). (Entered: 09/21/2004)
09/21/200436ENTERED IN ERROR.....MOTION for Summary Judgment Declaration of Nicholas P. Demery by SOCIETY OF LLOYD'S. (Cuervo, Raul) Modified on 9/22/2004 (lc, ). (Entered: 09/21/2004)
09/21/200437ENTERED IN ERROR.....MOTION for Summary Judgment Appendix to Memorandum of Law in Support of Lloyd's Motion for Final Summary Judgment by SOCIETY OF LLOYD'S. (Cuervo, Raul) Modified on 9/22/2004 (lc, ). (Entered: 09/21/2004)
09/22/2004 NOTICE OF CORRECTED DOCKET ENTRY. Documents 33-37 were entered in error. Counsel has been instructed to refile Motion For Summary Judgment with documents as Attachments/Exhibits. (lc, ) (Entered: 09/22/2004)
09/22/200438Final MOTION for Summary Judgment Against Defendants by SOCIETY OF LLOYD'S. (Attachments: # 1 Memorandum of Law# 2 Statement of Material Facts# 3 Declaration of Nicholas P. Demery# 4 Appendix to MSJ pages 1-185# 5 Appendix pages 186 to 371)(Cuervo, Raul) (Entered: 09/22/2004)
10/04/200439Unopposed MOTION for Extension of Time to File Response/Reply as to 38 Final MOTION for Summary Judgment Against Defendants by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO. (Miller, Philip) (Entered: 10/04/2004)
10/07/2004 MINUTE ENTRY: Court grants defendants' motion for extension of time 39 to October 18, 2004 . Signed by Judge James Robertson on October 7, 2004. (MT) (Entered: 10/07/2004)
10/18/200440Memorandum in opposition to motion re 38 Final Summary Judgment filed by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO. (Attachments: # 1 Statement of Facts Pursuant to LCvR 7(h))(Miller, Philip) (Entered: 10/18/2004)
10/28/200441MEMORANDUM. Signed by Judge James Robertson on October 28, 2004. (MT) (Entered: 10/28/2004)
10/28/200442ORDER granting plaintiff's motion for summary judgment 38. Plaintiff will submit a form of judgment per this order's instructions . Signed by Judge James Robertson on October 28, 2004. (MT) (Entered: 10/28/2004)
11/11/200443NOTICE OF FILING by SOCIETY OF LLOYD'S re 41 Memorandum & Opinion, 42 Order on Motion for Summary Judgment (Attachments: # 1 Text of Proposed Order Final Judgment)(Jorden, Stephen) (Entered: 11/11/2004)
11/17/2004 44JUDGMENT in favor of Plaintiff Society of Lloyd's against Defendants' Gillian Mary Siemon-Netto and Uwe Siemon-Netto.Signed by Judge James Robertson on 11/17/2004. (dam, ) (Entered: 11/17/2004)
11/29/200445ENTERED IN ERROR.....NOTICE of Appeal by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO re 32 Order on Motion to Strike, Order on Motion to Dismiss, 44 Judgment, 42 Order on Motion for Summary Judgment (Miller, Philip) Modified on 11/30/2004 (nmw, ). (Entered: 11/29/2004)
11/29/2004 46NOTICE OF APPEAL as to 32 Order on Motion to Strike, Order on Motion to Dismiss, 44 Judgment, 42 Order on Motion for Summary Judgment by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO. No Filing fee. (nmw, ) (Entered: 11/30/2004)
11/30/2004  NOTICE OF CORRECTED DOCKET ENTRY. Document No. 45 was entered in error and will be refiled. (nmw, ) (Entered: 11/30/2004)
11/30/2004 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 46 Notice of Appeal (lc, ) (Entered: 11/30/2004)
12/02/2004 USCA Appeal Fees received $ 255 receipt number 129899 re 46 Notice of Appeal filed by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO (lc, ) (Entered: 12/02/2004)
12/02/2004 Supplemental Record on Appeal transmitted to US Court of Appeals re 46 Notice of Appeal (lc, ) (Entered: 12/02/2004)
01/03/2005 USCA Case Number 04-7214 for 46 Notice of Appeal filed by GILLIAN MARY SIEMON-NETTO,, UWE SIEMON-NETTO,. (lc, ) (Entered: 01/11/2005)
05/09/200547SUGGESTION OF BANKRUPTCY Upon the Record as to Uwe Siemon-Netto and Gillian Siemon-Netto by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO. (Attachments: # 1 Exhibit Notice of Bankruptcy Filing)(Weiss, Brett) (Entered: 05/09/2005)
09/18/200648USCA JUDGMENT (certified copy) as to 46 Notice of Appeal filed by GILLIAN MARY SIEMON-NETTO, UWE SIEMON-NETTO; It is hereby ordered and adjudged that the judgment of the District Court appealed from in this cause is hereby affirmed; USCA#04-7214 (jsc ) (Entered: 09/26/2006)



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