APPEAL, CLOSED, HDY, PROTO

U.S. District Court

Eastern District of Arkansas (Little Rock)
CIVIL DOCKET FOR CASE #: 4:09−cv−00067−JLH
Internal Use Only

Lexicon Inc v. Ace American Insurance Company et al Date Filed: 02/02/2009

Assigned to: Chief Judge J. Leon Holmes Date Terminated: 01/07/2010
Demand: $5,000,000 Jury Demand: None
Cause: 28:1332 Diversity−Insurance Contract Nature of Suit: 110 Insurance
Jurisdiction: Diversity
Plaintiff
Lexicon Inc represented by John C. Calhoun , Jr.
Hilburn, Calhoon, Harper, Pruniski
&Calhoun, Ltd.
Post Office Box 5551
North Little Rock , AR 72119−5551
501−372−0110
Email: jcalhoun@hilburnlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Patrick J. Wielinski
Cokinos, Bosien &Young − Arlington
2221 East Lamar Boulevard
Suite 750
Arlington , TX 76006
817−635−3600
Fax: 817−635−3633
Email: pwielinski@cbylaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Ace American Insurance Company represented by Charles J. Jesuit , Jr.
Cozen &O'Connor − Philadelphia
The Atrium
1900 Market Street
Philadelphia , PA 19103
215−665−2000
Email: cjesuit@cozen.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard C. Mason
Cozen &O'Connor − Philadelphia

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Defendant
National Union Fire Insurance
Company of Pittsburgh PA
Appellate Case: 10-1100 Page: 2
The Atrium
1900 Market Street
Philadelphia , PA 19103
215−665−2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Terri L. Ackerman
Cozen &O'Connor − Philadelphia
The Atrium
1900 Market Street
Philadelphia , PA 19103
215−665−2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Scott J. Lancaster
Wilcox Parker Hurst Lancaster &Lacy −
Maumelle
123 Audubon Drive
Suite 500
Maumelle , AR 72113
501−851−0040
Fax: 870−931−3102
Email: slancaster@wphll.com
ATTORNEY TO BE NOTICED
represented by Ellen Van Meir
Thompson, Coe, Cousins &Irons, L.L.P.
700 North Pearl Street
Suite 2500
Dallas , TX 75201−2832
214−871−8200
Email: evanmeir@thompsoncoe.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James A. Arnold , II
Ledbetter, Cogbill, Arnold and Harrison,
LLP
Post Office Box 185
Fort Smith , AR 72902−0185
(479) 782−7294
Email: jaa@lcahlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mariah Baker Quiroz
Thompson, Coe, Cousins &Irons, L.L.P.
700 North Pearl Street
Suite 2500
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Date Filed: 01/15/2010 Entry ID: 3624774
 Dallas , TX 75201−2832
214−871−8200
Email: mquiroz@thompsoncoe.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Counter Claimant
National Union Fire Insurance represented by Ellen Van Meir
Company of Pittsburgh PA (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James A. Arnold , II
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mariah Baker Quiroz

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

V.
Counter Defendant
Lexicon Inc represented by John C. Calhoun , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Patrick J. Wielinski
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Page Docket Text

02/02/2009 1 COMPLAINT against Ace American Insurance Company, National Union Fire
Insurance Company of Pittsburgh PA (Filing fee $350.00, LIT015415), filed by
Lexicon Inc, summons issued and given to attorney (jap) (Entered: 02/02/2009)

02/02/2009 2 MOTION for Admission pro hac vice by Lexicon Inc (jap) (Entered:
02/02/2009)

02/02/2009 3 MEMO TO FILE re service of complaint 1 filed by Lexicon Inc (jap) (Entered:
02/02/2009)

02/02/2009 4 Corporate Disclosure Statement (Rule 7.1) by Lexicon Inc (jap) (Entered:
02/02/2009)

02/05/2009 5

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 ORDER granting 2 Motion of Patrick J. Wielinski to appear pro hac vice for
Lexicon Inc. Signed by Chief Judge J. Leon Holmes on 2/5/09. (vjt) (Entered:
02/06/2009)

02/06/2009 7 AFFIDAVIT of Service of Summons, Notice, Complaint, filed by Lexicon Inc.

Ace American Insurance Company served on 2/3/2009. (Calhoun, John)
(Entered: 02/06/2009)

02/06/2009 8 AFFIDAVIT of Service of Summons, Notice, Complaint, filed by Lexicon Inc.

National Union Fire Insurance Company of Pittsburgh PA served on 2/3/2009.
(Calhoun, John) (Entered: 02/06/2009)

02/23/2009 9 NOTICE of Appearance by James A. Arnold, II on behalf of National Union

Fire Insurance Company of Pittsburgh PA (Arnold, James) (Entered:
02/23/2009)

02/23/2009 10 ANSWER to 1 Complaint by National Union Fire Insurance Company of

Pittsburgh PA.(Arnold, James) (Entered: 02/23/2009)

02/26/2009 11 MOTION for Leave to Appear Pro Hac Vice by National Union Fire Insurance
Company of Pittsburgh PA (Attachments: # 1 Affidavit of Ellen Van
Meir)(Arnold, James) (Entered: 02/26/2009)

02/26/2009 12 MOTION for Leave to Appear Pro Hac Vice by National Union Fire Insurance
Company of Pittsburgh PA (Attachments: # 1 Affidavit of Mariah Baker
Quiroz)(Arnold, James) (Entered: 02/26/2009)

02/27/2009 13 ORDER granting 11 Motion of Ellen Van Meir to Appear pro hac vice on
behalf of Deft National Union Fire Insurance Company of Pittsburgh, PA.
Signed by Chief Judge J. Leon Holmes on 2/27/09. (vjt) (Entered: 02/27/2009)

02/27/2009 14 ORDER granting 12 Motion of Mariah Baker Quiroz to Appear pro hac vice on
behalf of Deft National Union Fire Insurance Company of Pittsburgh, PA.
Signed by Chief Judge J. Leon Holmes on 2/27/09. (vjt) (Entered: 02/27/2009)

03/04/2009 16 INITIAL SCHEDULING ORDER (DOC): Rule 26(f) Conference to occur by

5/4/2009; Rule 26(f) Report due by 5/18/2009; proposed bench trial date the
week of 1/19/2010 in Little Rock. (cdw) (Entered: 03/04/2009)

03/05/2009 18 NOTICE of Appearance by Ellen Van Meir on behalf of National Union Fire
Insurance Company of Pittsburgh PA (Van Meir, Ellen) (Entered: 03/05/2009)

03/05/2009 19 NOTICE of Appearance by Mariah Baker Quiroz on behalf of National Union

Fire Insurance Company of Pittsburgh PA (Quiroz, Mariah) (Entered:
03/05/2009)

03/06/2009 20 NOTICE of Appearance by Scott J. Lancaster on behalf of Ace American

Insurance Company (Lancaster, Scott) (Entered: 03/06/2009)

03/10/2009 21 First MOTION for Leave to Appear pro hac vice Terri L. Ackerman by Ace
American Insurance Company (Lancaster, Scott) (Entered: 03/10/2009)

03/10/2009 22 Second MOTION for Leave to Appear pro hac vice Charles J. Jesuit, Jr. by
Ace American Insurance Company (Lancaster, Scott) (Entered: 03/10/2009)

03/10/2009 23 Third MOTION for Leave to Appear Pro Hac Vice Richard C. Mason by Ace
American Insurance Company (Lancaster, Scott) (Entered: 03/10/2009)
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03/11/2009 24 ORDER granting 23 Motion for Leave to Appear pro hac vice for Richard C.
Mason to appear for Ace American Insurance Company. Signed by Chief Judge
J. Leon Holmes on 3/11/09. (bkp) (Entered: 03/11/2009)

03/11/2009 25 ORDER granting 21 Motion for Leave to Appear pro hac vice for Terri L.
Ackerman to appear for Ace American Insurance Company. Signed by Chief
Judge J. Leon Holmes on 3/11/09. (bkp) (Entered: 03/11/2009)

03/11/2009 26 ORDER granting 22 Motion for Leave to Appear pro hac vice for Charles J.
Jesuit, Jr. to appear for Ace American Insurance Company. Signed by Chief
Judge J. Leon Holmes on 3/11/09. (bkp) (Entered: 03/11/2009)

03/12/2009 28 ANSWER to 1 Complaint by Ace American Insurance Company.(Lancaster,

Scott) (Entered: 03/12/2009)

03/12/2009 29 Corporate Disclosure Statement (Rule 7.1) by Ace American Insurance

Company (Lancaster, Scott) (Entered: 03/12/2009)

03/12/2009 30 COUNTERCLAIM for Declaratory Judgment against Lexicon Inc, filed by

National Union Fire Insurance Company of Pittsburgh PA(Van Meir, Ellen)
(Entered: 03/12/2009)

04/03/2009 31 ANSWER to 30 Counterclaim For Declaratory Judgment by Lexicon

Inc.(Wielinski, Patrick) (Entered: 04/03/2009)

05/13/2009 32 NOTICE by National Union Fire Insurance Company of Pittsburgh PA of Initial

Disclosures (Van Meir, Ellen) (Entered: 05/13/2009)

05/13/2009 33 NOTICE by Lexicon Inc INITIAL DISCLOSURES (Wielinski, Patrick)

(Entered: 05/13/2009)

05/14/2009 34 REPORT of Rule 26(f) Planning Meeting by Ace American Insurance

Company. (Jesuit, Charles) (Entered: 05/14/2009)

05/14/2009 35 NOTICE by Ace American Insurance Company of Service of Initial Disclosures

(Jesuit, Charles) (Entered: 05/14/2009)

06/23/2009 36 FINAL SCHEDULING ORDER (DOC): Bench Trial set for the week of
4/5/2010 at 9:15 AM in Little Rock, Courtroom #4D before Chief Judge J. Leon
Holmes; Discovery due by 1/21/2010; Pretrial Disclosure Sheet due by
3/16/2010; Status Report due by 2/4/2010. (cdw) (Entered: 06/23/2009)

06/24/2009 37 NOTICE by National Union Fire Insurance Company of Pittsburgh PA of

counsel's vacation schedule (Van Meir, Ellen) (Entered: 06/24/2009)

07/08/2009 39 MOTION for Summary Judgment by National Union Fire Insurance Company
of Pittsburgh PA (Attachments: # 1 Exhibit (pt. 1 of NU policy), # 2 Exhibit (pt.
2 of NU policy), # 3 Exhibit 2 (pt. 1 of LM policy), # 4 Exhibit (pt. 2 of LM
policy))(Quiroz, Mariah) (Entered: 07/08/2009)

07/08/2009 40 STATEMENT OF FACTS (Local Rule 56.1) re 39 Motion for Summary

Judgment, filed by National Union Fire Insurance Company of Pittsburgh PA.
(Quiroz, Mariah) (Entered: 07/08/2009)

07/08/2009 41 BRIEF IN SUPPORT filed by National Union Fire Insurance Company of

Pittsburgh PA re 39 Motion for Summary Judgment, (Quiroz, Mariah) (Entered:
07/08/2009)
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07/17/2009 42 MOTION for Extension of Time to File Response/Reply as to 39 MOTION for
Summary Judgment by Lexicon Inc (Calhoun, John) (Entered: 07/17/2009)

07/17/2009 43 ORDER granting 42 Motion for Extension of Time to File Response/Reply re

39 MOTION for Summary Judgment. Replies due by 8/6/2009. Signed by Chief
Judge J. Leon Holmes on 7/17/09. (bkp) (Entered: 07/17/2009)

08/06/2009 45 RESPONSE to Motion re 39 MOTION for Summary Judgment {Response of

Lexicon, Inc. to Defendant's Motion for Summary Judgment} filed by Lexicon
Inc. (Attachments: # 1 Affidavit of Dianne Cowan, # 2 Affidavit of Dianne
Cowan − Ex. 1, Part 1, # 3 Dianne Cowan Affidavit, Ex. 1, Part 2, # 4 Dianne
Cowan Affidavit, Exs. 2 − 12, # 5 Jeff Weatherly Affidavit, # 6 Pat Wielinski
Affidavit)(Calhoun, John) (Entered: 08/06/2009)

08/06/2009 46 STATEMENT OF FACTS (Local Rule 56.1) re 40 Statement of Facts (Local

Rule 56.1) {Response of Lexicon, Inc. to Defendant's Statement of Undisputed
Material Facts} filed by Lexicon Inc. (Calhoun, John) (Entered: 08/06/2009)

08/06/2009 47 BRIEF IN SUPPORT filed by Lexicon Inc re 45 Response to Motion, {Brief of

Lexicon, Inc. in Support of Response to Defendant's Motion for Summary
Judgment} (Calhoun, John) (Entered: 08/06/2009)

08/07/2009 48 MOTION for Protective Order by Ace American Insurance Company (Jesuit,
Charles) (Entered: 08/07/2009)

08/07/2009 49 Unopposed MOTION for Issuance of Letters Rogatory by Ace American

Insurance Company (Jesuit, Charles) (Entered: 08/07/2009)

08/07/2009 50 BRIEF IN SUPPORT filed by Ace American Insurance Company re 49 Motion

for Issuance of Letters Rogatory (Jesuit, Charles) (Entered: 08/07/2009)

08/12/2009 51 REPLY to Response to Motion re 39 MOTION for Summary Judgment filed by

Ace American Insurance Company. (Jesuit, Charles) (Additional attachment(s)
added on 8/13/2009: ) # 1 Main Document − Correct) (thd). (Entered:
08/12/2009)

08/12/2009 52 BRIEF IN SUPPORT filed by Ace American Insurance Company re 51 Reply

to Response to Motion for Summary Judgment (Attachments: # 1 Affidavit
Affidavit of Richard C. Mason)(Jesuit, Charles) (Additional attachment(s)
added on 8/13/2009: # 3 Main Document − Correct; the docket text was
modified to indicate the proposed order was filed as an attachment in error.)
(thd). (Entered: 08/12/2009)

08/12/2009 53 REPLY to Response to Motion re 39 MOTION for Summary Judgment filed by

National Union Fire Insurance Company of Pittsburgh PA. (Quiroz, Mariah)
(Entered: 08/12/2009)

08/12/2009 54 BRIEF IN SUPPORT filed by National Union Fire Insurance Company of

Pittsburgh PA re 53 Reply to Response to Motion (Quiroz, Mariah) (Entered:
08/12/2009)

08/13/2009 55 NOTICE OF DOCKET CORRECTION re: 51 Reply to Response to Motion for

Summary Judgment and 52 Brief in Support. CORRECTION: The original
documents were submitted in error; the correct documents were added to docket
entries 51 and 52 respectively based on the attached requests and pursuant to
instructions from Chambers. Also, the docket text for docket entry 52 was
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 modified to indicate the proposed order was filed as an attachment to the entry
in error. (thd) (Entered: 08/13/2009)

08/17/2009 56 ORDER granting Ace American's 49 Motion for Issuance of International Letter
of Request; (Attachments: #(1) International Letter of Request). Signed by
Chief Judge J. Leon Holmes on 8/17/09. (vjt) (Entered: 08/17/2009)

08/19/2009 58 MOTION for Leave to File Responsive Pleadings by Lexicon Inc (Attachments:
# 1 Exhibits)(Calhoun, John) (Entered: 08/19/2009)

08/20/2009 59 ORDER granting 58 Lexicon Inc.'s Motion for Leave to File response to
objections and brief in support within five days of this order. Signed by Chief
Judge J. Leon Holmes on 8/20/09. (bkp) (Entered: 08/20/2009)

08/20/2009 61 RESPONSE to Motion re 39 MOTION for Summary Judgment {Response to

Objections of Defendant National Union Fire Insurance Company of
Pittsburgh, PA} filed by Lexicon Inc. (Calhoun, John) (Entered: 08/20/2009)

08/20/2009 62 BRIEF IN SUPPORT filed by Lexicon Inc re 61 Response to Motion {Brief of

Lexicon, Inc. in Support of Response to Objections of Defendant National Union
Fire Insurance Company of Pittsburgh, PA} (Calhoun, John) (Entered:
08/20/2009)

08/20/2009 63 RESPONSE to Motion re 39 MOTION for Summary Judgment {Response to

Defendant ACE American Insurance Company's Reply to Plaintiff's Response to
Motion for Summary Judgment of National Union Fire Insurance Company of
Pittsburgh, PA} filed by Lexicon Inc. (Calhoun, John) (Entered: 08/20/2009)

08/20/2009 64 BRIEF IN SUPPORT filed by Lexicon Inc re 63 Response to Motion, {Brief of

Lexicon, Inc. in Support of Response to Defendant ACE American Insurance
Company's Reply to Plaintiff's Response to Motion for Summary Judgment of
National Union Fire Insurance Company of Pittsburgh, PA} (Calhoun, John)
(Entered: 08/20/2009)

08/26/2009 65 STIPULATED PROTECTIVE ORDER regarding confidential information.

Signed by Chief Judge J. Leon Holmes on 8/26/09. (vjt) (Entered: 08/27/2009)

09/10/2009 67 ORDER deferring ruling on National Union's 39 Motion for Summary

Judgment; in order to provide all parties sufficient time to complete discovery
on and brief the issue of the scope of Ace American's policy, the Court will
grant Ace American an additional 60 days from the entry of this Order to file a
brief on that issue. Signed by Chief Judge J. Leon Holmes on 9/10/09. (vjt)
(Entered: 09/10/2009)

09/21/2009 69 MOTION to Intervene by Regions Insurance Group Inc. (vjt) (Entered:

09/22/2009)

09/21/2009 70 NOTICE OF APPEARANCE by Rick T. Beard, III for Regions Insurance

Group Inc. (vjt) (Entered: 09/22/2009)

10/02/2009 71 RESPONSE in Opposition re 69 MOTION to Intervene filed by National Union

Fire Insurance Company of Pittsburgh PA. (Quiroz, Mariah) (Entered:
10/02/2009)

10/08/2009 72 REPLY to Response to Motion re 69 MOTION to Intervene filed by Regions

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

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 # 4 Exhibit D)(Beard, Rick) (Entered: 10/08/2009)

10/09/2009 73 REPLY to Response to Motion re 69 MOTION to Intervene {Reply of Lexicon,

Inc. to National Union's Response to Motion to Intervene of Regions Insurance
Group, Inc.} filed by Lexicon Inc. (Calhoun, John) (Entered: 10/09/2009)

10/09/2009 74 REPLY to Response to Motion re 69 MOTION to Intervene (Sur−Reply) filed

by National Union Fire Insurance Company of Pittsburgh PA. (Quiroz, Mariah)
(Entered: 10/09/2009)

10/20/2009 75 MOTION for Summary Judgment by Ace American Insurance Company

(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit
10, # 11 Exhibit 11, # 12 Exhibit 12)(Jesuit, Charles) (Entered: 10/20/2009)

10/20/2009 76 STATEMENT OF FACTS (Local Rule 56.1) re 75 Motion for Summary

Judgment, filed by Ace American Insurance Company. (Jesuit, Charles)
(Entered: 10/20/2009)

10/20/2009 77 BRIEF IN SUPPORT filed by Ace American Insurance Company re 75 Motion

for Summary Judgment, (Jesuit, Charles) (Entered: 10/20/2009)

10/27/2009 78 MOTION for Extension of Time to File Response/Reply as to 75 MOTION for

Summary Judgment by Lexicon Inc (Calhoun, John) (Entered: 10/27/2009)

10/27/2009 79 ORDER granting pltf's 78 Motion for Extension of Time until 11/25/09 to
respond to 75 Motion for Summary Judgment, and the time for ACE to file its
reply will be extended to 12/8/09. Signed by Chief Judge J. Leon Holmes on
10/27/09. (vjt) (Entered: 10/28/2009)

11/02/2009 81 MOTION for Leave to File First Amended Complaint by Lexicon Inc
(Attachments: # 1 Exhibit)(Calhoun, John) (Entered: 11/02/2009)

11/11/2009 82 RESPONSE in Opposition re 81 MOTION for Leave to File First Amended

Complaint filed by Ace American Insurance Company. (Jesuit, Charles)
(Entered: 11/11/2009)

11/16/2009 Docket Note: re 56 Order on Motion for Issuance of Letters Rogatory, a

certified copy of document 56−2 REQUEST FOR INTERNATIONAL
JUDICIAL ASSISTANCE (INTERNATIONAL LETTER OF REQUEST) was
forwarded to Richard C. Mason, Cozen O'Connor, 1900 Market Street,
Philadelphia, PA 19103 by certified mail #70060100000207594427 per
instructions from Chambers on this date. (vjt) (Entered: 11/16/2009)

11/19/2009 83 REPLY to Response to Motion re 81 MOTION for Leave to File First Amended
Complaint {Reply of Lexicon, Inc. to Brief in Opposition to Plaintiff Lexicon,
Inc.'s Motion for Leave to Amend} filed by Lexicon Inc. (Attachments: # 1
Exhibits)(Calhoun, John) (Entered: 11/19/2009)

11/25/2009 84 RESPONSE in Opposition re 75 MOTION for Summary Judgment {Response

of Lexicon, Inc. to Motion for Summary Judgment of ACE American Insurance
Company} filed by Lexicon Inc. (Calhoun, John) (Entered: 11/25/2009)

11/25/2009 85 RESPONSE re 76 Statement of Facts (Local Rule 56.1) {Response of Lexicon,

Inc. to Defendant ACE American Insurance Company's Statement of Undisputed
Material Facts} by Lexicon Inc (Attachments: # 1 Exhibit Index and

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 Exhibits)(Calhoun, John) (Entered: 11/25/2009)

11/25/2009 86 MOTION for Summary Judgment {Motion of Lexicon, Inc. for Partial Summary
Judgment Against ACE American Insurance Company} by Lexicon Inc
(Calhoun, John) (Entered: 11/25/2009)

11/25/2009 87 STATEMENT OF FACTS (Local Rule 56.1) re 86 Motion for Summary

Judgment {Statement of Undisputed Facts in Support of Lexicon, Inc.'s Motion
for Partial Summary Judgment} filed by Lexicon Inc. (Calhoun, John) (Entered:
11/25/2009)

11/25/2009 88 BRIEF IN SUPPORT filed by Lexicon Inc re 75 Motion for Summary

Judgment, 86 Motion for Summary Judgment {Brief of Lexicon, Inc. in Support
of Motion for Partial Summary Judgment and in Opposition to ACE American
Insurance Company's Motion for Summary Judgment} (Calhoun, John)
(Entered: 11/25/2009)

11/25/2009 89 SUPPLEMENTAL AFFIDAVIT of Jeff D. Weatherly in Support of 86 Motion

of Lexicon, Inc. for Partial Summary Judgment against ACE American
Insurance Company and Response of Lexicon, Inc. to Motion for Summary
Judgment of ACE American Insurance by Lexicon Inc. (jap) (The docket text
was modified on 12/4/2009 to show the linkage to 86 Motion.) (mkf) (Entered:
11/25/2009)

12/03/2009 90 MOTION for Extension of Time to File Response/Reply by Ace American

Insurance Company (Jesuit, Charles) (Entered: 12/03/2009)

12/04/2009 91 ORDER granting Ace American's 90 Motion for Extension of Time until
12/11/09 to file its response to Pltf's 86 Motion for Partial Summary Judgment.
Signed by Chief Judge J. Leon Holmes on 12/4/09. (vjt) (Entered: 12/04/2009)

12/08/2009 93 REPLY to Response to Motion re 75 MOTION for Summary Judgment filed by

Ace American Insurance Company. (Attachments: # 1 Exhibit Jeff Weatherly
deposition transcript excerpts)(Jesuit, Charles) (Entered: 12/08/2009)

12/10/2009 94 RESPONSE re 87 Statement of Facts (Local Rule 56.1) by National Union Fire
Insurance Company of Pittsburgh PA (Attachments: # 1 Exhibit Weatherly
excerpts)(Quiroz, Mariah) (Entered: 12/10/2009)

12/10/2009 95 RESPONSE in Opposition to Plaintiff's Motion for Partial Summary Judgment

filed by National Union Fire Insurance Company of Pittsburgh PA. (Quiroz,
Mariah) (Entered: 12/10/2009)

12/10/2009 96 BRIEF IN OPPOSITION filed by National Union Fire Insurance Company of

Pittsburgh PA re 86 Motion for Summary Judgment, 95 Response in Opposition
to Motion for Partial Summary Judgment of Plaintiff (Quiroz, Mariah) (Entered:
12/10/2009)

12/11/2009 97 RESPONSE in Opposition TO LEXICON MOTION FOR PARTIAL SUMMARY

JUDGMENT WITH EXHIBITS filed by Ace American Insurance Company.
(Attachments: # 1 Exhibit 1, # 2 Exhibit AFFIDAVIT OF MICHAEL
LAMBERTUS, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
Exhibit 7)(Jesuit, Charles) (Entered: 12/11/2009)

12/11/2009 98 STATEMENT OF FACTS (Local Rule 56.1) re 87 Statement of Facts (Local

Rule 56.1) RESPONSE TO LEXICON'S STATEMENT OF UNDISPUTED
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 FACTS filed by Ace American Insurance Company. (Jesuit, Charles) (Entered:
12/11/2009)

12/11/2009 99 BRIEF IN OPPOSITION filed by Ace American Insurance Company re 97

Response in Opposition to Motion, 86 Motion for Summary Judgment (Jesuit,
Charles) (Entered: 12/11/2009)

12/18/2009 100 REPLY to Response to Motion {Brief of Lexicon, Inc. in Reply to Responses of
ACE American Insurance Company and National Union Fire Insurance
Company of Pittsburgh, PA to Lexicon's Motion for Partial Summary
Judgment} filed by Lexicon Inc. (Attachments: # 1 Exhibits 1 − 23, # 2 Exhibits
24 − 45, # 3 Exhibits 46 − 51)(Calhoun, John) (Entered: 12/18/2009)

12/22/2009 101 Unopposed MOTION to Extend Time Case Deadlines by Ace American
Insurance Company (Attachments: # 1 Affidavit Richard C. Mason)(Jesuit,
Charles) (Entered: 12/22/2009)

12/23/2009 102 MOTION for Summary Judgment {Motion of Lexicon, Inc. for Partial Summary
Judgment Against National Union Fire Insurance Company of Pittsburgh, PA}
by Lexicon Inc (Calhoun, John) (Entered: 12/23/2009)

12/23/2009 103 STATEMENT OF FACTS (Local Rule 56.1) re 102 Motion for Summary
Judgment {Statement of Undisputed Facts in Support of Lexicon, Inc.'s Motion
for Partial Summary Judgment Against National Union Fire Insurance
Company of Pittsburgh, PA} filed by Lexicon Inc. (Calhoun, John) (Entered:
12/23/2009)

12/23/2009 104 BRIEF IN SUPPORT filed by Lexicon Inc re 102 Motion for Summary
Judgment (Calhoun, John) (Entered: 12/23/2009)

12/23/2009 105 ORDER granting 101 Motion to Extend Certain Discovery and Deadlines;
discovery ddl is extended until February 25, 2010; all motions, except motions
in limine, must be filed on or before March 11, 2010 ; status reports will also be
due by March 11, 2010; all other ddls remain as previously set forth in the Final
Scheduling Order entered on June 23, 2009. Signed by Chief Judge J. Leon
Holmes on 12/23/09. (mkf) (Entered: 12/23/2009)

12/23/2009 107 MOTION for Extension of Time to File Response/Reply to Lexicon's Motion
for Partial Summary Judgment by National Union Fire Insurance Company of
Pittsburgh PA (Arnold, James) (Entered: 12/23/2009)

12/28/2009 108 ORDER granting National Union's 107 Motion for Extension of Time until
1/15/10 to respond to Pltf's 102 Motion for Partial Summary Judgment. Signed
by Chief Judge J. Leon Holmes on 12/28/09. (vjt) (Entered: 12/28/2009)

12/31/2009 110 OPINION AND ORDER denying 69 Regions's Motion to Intervene; granting
81 Lexicon's Motion for leave to file a first amended complaint; Lexicon must
file its amended complaint within 5 days of the entry of this order. Signed by
Chief Judge J. Leon Holmes on 12/31/2009.(thd) (Entered: 12/31/2009)

01/04/2010 112 AMENDED COMPLAINT {First Amended Complaint} against Ace American
Insurance Company, National Union Fire Insurance Company of Pittsburgh PA,
filed by Lexicon Inc(Calhoun, John) (Entered: 01/04/2010)

01/07/2010 113 12 OPINION AND ORDER that Ace's motion for summary judgment 75 and
National Union's 39 motion for summary judgment are GRANTED; Lexicon's
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 motions for summary judgment 86 102 are both DENIED; Lexicon's claims
against Ace and National Union are dismissed with prejudice; judgment will be
entered accordingly. Signed by Chief Judge J. Leon Holmes on 1/7/10. (vjt)
(Entered: 01/07/2010)

01/07/2010 114 25 JUDGMENT pursuant to 113 Opinion and Order entered this date, judgment is
hereby entered in favor of Ace American Insurance Company and National
Union Fire Insurance Company of Pittsburgh PA on the claims of Lexicon Inc,
dismissing this action with prejudice. Signed by Chief Judge J. Leon Holmes on
1/7/10. (vjt) (Entered: 01/07/2010)

01/13/2010 116 26 NOTICE OF APPEAL by Lexicon Inc re 114 Judgment. (Attachments: # 1

Exhibit Eighth Circuit Form A)(Calhoun, John) (Docket entry modified on
1/13/2010 to establish linkage.) (thd) (Entered: 01/13/2010)

01/13/2010 NOTICE OF DOCKET CORRECTION re: 116 Notice of Appeal.

CORRECTION: The docket entry was modified to establish linkage to 114
Judgment. (thd) (Entered: 01/13/2010)

01/13/2010 117 USCA Appeal Fees received $ 455 receipt number LIT020844 re 116 Notice of
Appeal filed by Lexicon Inc (dac) (Entered: 01/14/2010)

01/14/2010 118 31 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 116 Notice of

Appeal, 113 Memorandum &Opinion 114 Judgment. (dac) (Entered:
01/14/2010)

Recd Jan 14 2010 11

Appellate Case: 10-1100 Page: 11 Date Filed: 01/15/2010 Entry ID: 3624774