ARCHIVE, REFER, TERMED

U.S. District Court District Of Montana (Butte) CIVIL DOCKET FOR CASE #: 2:01-cv-00064-DWM-LBE

Simonsen, et al v. Allstate Ins. Co., et al Assigned to: Judge Donald W. Molloy Referred to: Judge Leif B. Erickson Demand: $0 Cause: 28:1332 Diversity-Auto Negligence Plaintiff Tony L Simonsen

Date Filed: 08/29/2001 Date Terminated: 06/17/2004 Jury Demand: Both Nature of Suit: 110 Insurance Jurisdiction: Diversity

represented by C. Richard Anderson ANDERSON LAW 600 Dewey Blvd Suite B Butte, MT 59701 406-494-3700 Email: randersonlaw@qwestoffice.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter M. Kirwan CROWLEY HAUGHEY HANSON TOOLE & DIETRICH PO Box 10969 Bozeman, MT 59719-0969 406-556-1430 Fax: 556-1433 Email: mkirwan@crowleylaw.com TERMINATED: 11/09/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Emily Simonsen represented by C. Richard Anderson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Allstate Insurance Company an Illinois Corporation represented by Dale R. Cockrell CHRISTENSEN MOORE COCKRELL CUMMINGS & AXELBERG PO Box 7370 Kalispell, MT 59904-0370

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406-751-6000 Fax: 756-6522 Email: dcockrell@cmccalaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter J. Klee LUCE FORWARD HAMILTON & SCRIPPS 600 West Broadway Suite 2600 San Diego, CA 92101 619-236-1414 Fax: 232-8311 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant John Does TERMINATED: 11/26/2001 V. Intervenor Defendant Computer Sciences Corporation represented by Adam A. Berry CONLEY ROSE PC 700 Lavaca Suite 720 Austin, TX 78701 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeff A. McDaniel CONLEY ROSE PC 700 Lavaca Suite 720 Austin, TX 78701 LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott M. Corbitt CHURCH HARRIS JOHNSON & WILLIAMS PO Box 1645 Great Falls, MT 59403-1645 406-761-3000 Fax: 406-453-2313 Email: scorbitt@chjw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 08/29/2001 08/29/2001 08/29/2001 08/29/2001 08/30/2001 08/31/2001 10/10/2001

Docket Text

1 COMPLAINT and Demand for Jury Trial (crm) (Entered: 08/29/2001) SUMMONS issued as to defendant Allstate Ins. Co., defendant John Does I-V. (2) Orig & (2) cpys rtn to pla cnsl in Bozeman (crm) (Entered: 08/29/2001) FILING FEE PAID: on 8/29/01 in the amount of $ 150.00, receipt # 29396. (crm) (Entered: 08/29/2001) REMARK Cpy of complaint to Sandy (crm) (Entered: 08/29/2001) FILE DELIVERED to c/c in Missoula by cert mail 7000 1530 0005 1871 5597 (crm) (Entered: 08/30/2001) RECEIVED file from Butte, delivered to Sandy. (LLL) (Entered: 08/31/2001) 2 PRELIMINARY Pre-trial Conference Order by Judge Donald W. Molloy PPT Statement due: 3/4/02 Discovery Plan: 3/4/02; Preliminary Pretrial Conf set for 1:15 3/11/02 (cc: all counsel). (LLL) (Entered: 10/10/2001) 3 MOTION/NOTICE by plaintiff Tony L Simonsen to substitute attorney Red file to L/C T Bechtold (crm) (Entered: 11/07/2001) PROPOSED Order re[3-1] submitted by plaintiff Tony L Simonsen (crm) (Entered: 11/07/2001) 4 ORDER by Judge Donald W. Molloy granting motion to substitute attorney [3-1] attorney Peter M. Kirwan for Tony L Simonsen and substituting attorney C. Richard Anderson (cc: all counsel) (KJH) (Entered: 11/13/2001) 5 RETURN OF SERVICE EXECUTED upon defendant Allstate Ins. Co. on 11/19/01 (crm) (Entered: 11/26/2001) 6 AMENDED COMPLAINT [1-1] by plaintiff Tony L Simonsen terminating defendant John Does; adding Emily Simonsen; jury demand (crm) (Entered: 11/26/2001) 7 PREDISCOVERY DISCLOSURE STATEMENT by plaintiff Tony L Simonsen, plaintiff Emily Simonsen (crm) (Entered: 12/18/2001) 8 AFFIDAVIT of SERVICE Julie Preskar re [6-1], which is amd complaint (crm) (Entered: 12/18/2001) 9 ANSWER by defendant Allstate Ins. Co. to amended complaint [6-1]; jury demand (crm) (Entered: 01/22/2002) 10 JOINT DISCOVERY PLAN by plaintiff Tony L Simonsen, defendant Allstate Ins. Co., plaintiff Emily Simonsen (crm) (Entered: 02/07/2002) 11 PREDISCOVERY DISCLOSURE STATEMENT by defendant Allstate Ins. Co. (crm) (Entered: 02/15/2002) 12 PRELIMINARY PRETRIAL STATEMENT by plaintiff Tony L Simonsen, plaintiff Emily Simonsen (w/Disk Cmp., Amd Cmp.,Disc Plan & ppt) (crm) (Entered: 03/01/2002)

11/07/2001 11/07/2001 11/09/2001

11/26/2001 11/26/2001 12/18/2001 12/18/2001 01/22/2002 02/07/2002 02/15/2002 02/28/2002

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13 PRELIMINARY PRETRIAL STATEMENT by defendant Allstate Ins. Co. (w/disk containing pptstmt and answer) (crm) (Entered: 03/05/2002) 14 ORDER by Judge Donald W. Molloy ; final pretrial order, proposed jury instructions and trial briefs ddl set for 6/20/03; Preliminary Pretrial Conference held on 3/11/02; final pretrial conference set for 11:00 6/27/03; jury trial set for 8:45 7/14/03 in BUTTE ; disclosure of plaintiff's damage and liability experts: 1/14/03; disclosure of defendant's damage experts: 2/14/03; discovery ddl: 3/14/03; motions ddl: 5/1/03 (cc: all counsel). (LLL) (Entered: 03/14/2002) 15 MOTION by intervenor Computer Sciences to intervene (CAD) (Entered: 05/17/2002) 15 MEMORANDUM/BRIEF by intervenor Cumputer Scinences in support of motion to intervene [15-1] (CAD) (Entered: 05/17/2002) PROPOSED Order re mtn. to Intervene (CAD) (Entered: 05/17/2002) RED FILE DELIVERED to DWM law Clerk TB for review of Mtn. #15 (CAD) (Entered: 05/17/2002) 16 RESPONSE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to motion to intervene [15-1] (crm) (Entered: 05/29/2002) 17 PRELIMINARY PRETRIAL STATEMENT by plaintiff Tony L Simonsen, plaintiff Emily Simonsen (crm) (Entered: 05/29/2002) 18 MOTION by plaintiff Tony L Simonsen for an in camera inspection of documents (Privilege Logs) , and to compel responses to requests for production of documents Red file to L/C T Bechtold (crm) (Entered: 06/11/2002) 19 MEMORANDUM/BRIEF by plaintiff Emily Simonsen in support of motion for an in camera inspection of documents (Privilege Logs) [18-1], of motion to compel responses to requests for production of documents [18-2] (crm) (Entered: 06/11/2002) PROPOSED order GR mtn. to intervene submitted by plaintiff Tony L Simonsen, defendant Allstate Ins. Co., plaintiff Emily Simonsen (CAD) (Entered: 06/19/2002) 20 STIPULATION BY ALL to Allow Intervention pursuant to FR Civ P 24(b) re [15-1] (CAD) (Entered: 06/19/2002) REMARK Stip. & Order to grant intervention to law clerk TB (CAD) (Entered: 06/19/2002) 21 ORDER by Judge Donald W. Molloy granting motion to intervene [15-1] (cc: all counsel). (LLL) (Entered: 06/21/2002) 22 MOTION by intervenor defendant Computer Sciences for protective order . (LLL) (Entered: 07/02/2002) 22 BRIEF by intervenor defendant Computer Sciences in support of motion for protective order [22-1]. (LLL) (Entered: 07/02/2002) REMARK - called Corbitt's office, spoke with Lindsey and requested copy of item #22 (only received original). (LLL) (Entered: 07/02/2002) RED FILE DELIVERED to DWM for review of item #22. (LLL) (Entered: 07/02/2002)

05/14/2002 05/14/2002 05/14/2002 05/17/2002 05/29/2002 05/29/2002 06/11/2002

06/11/2002

06/13/2002 06/14/2002 06/19/2002 06/20/2002 07/01/2002 07/01/2002 07/02/2002 07/02/2002

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23 AFFIDAVIT/CERTIFICATE OF SERVICE re[24-1] by LINDA B. LESLIE (crm) (Entered: 07/11/2002) PROPOSED STIPULATED PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION submitted by plaintiff Tony L Simonsen, defendant Allstate Ins. Co., plaintiff Emily Simonsen (crm) (Entered: 07/11/2002) 24 MOTION by defendant Allstate Ins. Co. for protective order Red file to L/C T Bechtold (Mtn actually filed on 7/9/02) (crm) (Entered: 07/11/2002) 25 RESPONSE by defendant Allstate Ins. Co. to motion for an in camera inspection of documents (Privilege Logs) [18-1], to motion to compel responses to requests for production of documents [18-2] (crm) (Entered: 07/11/2002) 25 MEMORANDUM/BRIEF by defendant Allstate Ins. Co. in support of motion for protective order [24-1] (crm) (Entered: 07/11/2002) 26 AFFIDAVIT of CHRISTINE SULLIVAN re [24-1], which is deft mtn for proto (crm) (Entered: 07/11/2002) 27 AFFIDAVIT/CERT OF SERVICE of LINDA B. LESLIE re [26-1] (crm) (Entered: 07/11/2002) 28 REPLY by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to response to motion for an in camera inspection of documents (Privilege Logs) [18-1], motion to compel responses to requests for production of documents [18-2] file delivered to: DWM (crm) (Entered: 07/23/2002) 28 RESPONSE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to motion for protective order [24-1] (crm) (Entered: 07/23/2002) 28 RESPONSE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to motion for protective order [22-1] (crm) (Entered: 07/23/2002) 29 STIPULATED PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Donald W. Molloy : (cc: all counsel) (crm) (Entered: 07/26/2002) 30 REPLY by defendant Allstate Ins. Co. to response to motion for protective order [24-1] file delivered to: DWM (crm) (Entered: 08/01/2002) RECEIVED letter Scott Corbitt to McKeon and Anderson-on left side of file. (MCN) (Entered: 08/07/2002) 31 REPLY by intervenor defendant Computer Sciences to response to motion for protective order [22-1] copy delivered to: chambers (BAW) (Entered: 08/14/2002) Lodged PROPOSED Stipulated Protective Order concerning discovery document submitted by defendant Allstate Ins. Co. (ELL) (Entered: 08/23/2002) REMARK - Mailed Proposed Protective Order from Butte to Missoula Clerk's Office. (ELL) (Entered: 08/23/2002) 32 STIPULATION and PROTECTIVE ORDER by Judge Donald W. Molloy concerning discovery documents (cc: all counsel). (LLL) (Entered: 08/28/2002)

07/08/2002 07/08/2002

07/08/2002 07/09/2002 07/09/2002 07/17/2002

07/17/2002 07/17/2002 07/19/2002

08/01/2002 08/06/2002 08/13/2002 08/23/2002 08/23/2002 08/27/2002

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33 NOTICE by plaintiff Tony L Simonsen of taking deposition of STEVE REIDA on 10/30/02 at 9:00am in Bozeman, Mt. (crm) (Entered: 09/10/2002) 34 AMENDED NOTICE OF DEPOSITION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen of taking deposition of STEVE REIDA on 10/30/02 at 9:00am in Bozeman, Mt. (crm) (Entered: 09/22/2002) 35 RETURN OF SERVICE by plaintiff Tony L Simonsen of Subpoena Duces Tecum upon STEVE REIDA on 09/19/02 (crm) (Entered: 10/01/2002) 36 MOTION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to compel discovery re Colossus, CCPR & MBRS and certificate of compliance. Red file to L/C Elena (crm) Modified on 10/11/2002 (Entered: 10/11/2002) 37 MEMORANDUM/BRIEF by plaintiff Tony L Simonsen, plaintiff Emily Simonsen in support of motion to compel discovery re Colossus, CCPR & MBRS [36-1] (crm) (Entered: 10/11/2002) 38 MOTION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen for leave to exceed ten (10) depositions and certificate of compliance. Red file to L/C Elena (crm) (Entered: 10/11/2002) 39 MEMORANDUM/BRIEF by plaintiff Tony L Simonsen, plaintiff Emily Simonsen in support (crm) (Entered: 10/11/2002) 40 NOTICE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen of taking deposition of DAVID BELL, BRIAN KING, PETER MILLER, DENISE SCHMALLEN, BARBARA RUDIO, LARRY GUNN, SANDY DELLA RIPA, JUDOTJ VAUGHN, ESTRELLA HERNANDEZ, JANET BRIGGS AND MARILYN BURGA on VARIOUS DATES at VAIROUS TIMES in Englewood Colorado (crm) (Entered: 10/11/2002) 41 NOTICE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen of taking videotape deposition of KATHY STROEBEL, SHARI HUTH & on VARIOUS DATES at VARIOUS TIMES in Helena, Mt. (crm) (Entered: 10/11/2002) 42 RESPONSE by defendant Allstate Ins. Co. to motion for leave to exceed ten (10) depositions [38-1] (pla's mtn to expedite contained in this mtn)` (crm) (Entered: 10/15/2002) 43 AFFIDAVIT of DALE R. COCKRELL re [42-1] (crm) (Entered: 10/15/2002) 44 AFFIDAVIT of MIKEL L. MOORE re [42-1] (crm) (Entered: 10/15/2002) 45 NOTICE by plaintiff Tony L Simonsen of taking deposition of BILL VANDERBORG, RICHARD VAVRA, MICHAEL McCABE, DEBORAH CAMPBELL, BILL COHEN, PAM CRAMER, CHRISTINE SULLIVAN, CARYN EBERHART & JOSEPH RADOGNO on 02/24/03 at 9:00am in North Brook, Ill (crm) (Entered: 10/17/2002) 46 FIRST SUPPLEMENT by plaintiff Tony L Simonsen re statement [17-1], which is pla Preliminary Pretrial Stmt (crm) (Entered: 10/17/2002) 47 NOTICE by plaintiff Tony L Simonsen of taking videotape deposition of ALLSTATE INSURANCE COMPANY on 03/03/03 at 9:00 am in Northbrook, Ill (crm) (Entered: 10/17/2002)

10/01/2002 10/10/2002

10/10/2002

10/10/2002

10/10/2002 10/10/2002

10/10/2002

10/15/2002

10/15/2002 10/15/2002 10/15/2002

10/16/2002 10/16/2002

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10/18/2002

48 REPLY by plaintiff Tony L Simonsen to response to motion for leave to exceed ten (10) depositions [38-1], motion to compel discovery re Colossus, CCPR & MBRS [36-1] file delivered to: DWM (mtn to expedite contained in these mtns) (crm) (Entered: 10/18/2002) 49 NOTICE by plaintiff Tony L Simonsen of taking deposition of KELLIE WALTER on 11/15/02 at 1:30pm in Englewood, Co. (crm) (Entered: 10/18/2002) 50 NOTICE by plaintiff Tony L Simonsen of taking deposition of ALLSTATE INSURANCE COMPANY on 11/15/02 at 8:30am in Englewood, CO (crm) (Entered: 10/18/2002) LETTER from Williams Law Firm (MCN) (Entered: 11/08/2002) 51 NOTICE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen of taking deposition of JOHN NIERENGARTEN on 11/18/02 at 9:00am in Englewood Co. (crm) (Entered: 10/31/2002) 61 RESPONSE by intervenor defendant Computer Sciences to motion for leave to exceed ten (10) depositions [38-1] (MCN) (Entered: 11/08/2002) 52 REPLY by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to response to motion for leave to exceed ten (10) depositions [38-1], motion to compel discovery re Colossus, CCPR & MBRS [36-1] file delivered to: DWM (mtn to expedite contained in these mtns) (crm) (Entered: 10/31/2002) 53 REPLY by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to response to motion to compel discovery re Colossus, CCPR & MBRS [36-1] file delivered to: DWM (crm) (Entered: 11/05/2002) 54 MOTION by defendant Allstate Ins. Co. for protective order re deposing corp exec and corp legal cnsl , and for protective order re demonstrating computer programs Red file to L/C Elena (crm) (Entered: 11/05/2002) 54 MEMORANDUM/BRIEF by defendant Allstate Ins. Co. in support of motion for protective order re deposing corp exec and corp legal cnsl [54-1], of motion for protective order re demonstrating computer programs [54-2] (crm) (Entered: 11/05/2002) 54 RESPONSE by defendant Allstate Ins. Co. to motion to compel discovery re Colossus, CCPR & MBRS [36-1] (crm) (Entered: 11/05/2002) 55 AFFIDAVIT of MICHAEL J. McCABE re [54-1], re [54-1], re [54-1], re [54-2] (crm) (Entered: 11/05/2002) 56 AFFIDAVIT of RICHARD J. VAVRA re [54-1], re [54-1], re [54-1], re [54-2] (crm) (Entered: 11/05/2002) 57 AFFIDAVIT of DEBORAH CAMPBELL re [54-1], re [54-1], re [54-1], re [54-2] (crm) (Entered: 11/05/2002) 58 AFFIDAVIT of WILLIAM VANDERBORG re [54-1], re [54-1], re [54-1], re [54-2] (crm) (Entered: 11/05/2002) 62 RESPONSE by intervenor defendant Computer Sciences to [36-1] (MCN) (Entered: 11/08/2002)

10/18/2002 10/18/2002

10/22/2002 10/25/2002

10/25/2002 10/31/2002

11/04/2002

11/04/2002

11/04/2002

11/04/2002 11/04/2002 11/04/2002 11/04/2002 11/04/2002 11/07/2002

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11/08/2002

59 REPLY by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to response to motion to compel discovery re Colossus, CCPR & MBRS [36-1] file delivered to: DWM (crm) (Entered: 11/08/2002) 60 AMENDED NOTICE OF DEPOSITION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen of taking deposition of DAVID BELL, BRIAN KING, Peter Miller, Denise Schmallen, barbara Rudio, LARRY GAGNON, SANDY DELLA RIPA, JUDITH VAUGHN, ESTRELLA HERNANDEZ, JANET BRIGGS, MARILYN BORGA on 11/13/02 at various times (crm) (Entered: 11/08/2002) 63 THIRD MOTION by defendant Allstate Ins. Co. for protective order re pla's request for corporate & other depositions (crm) (Entered: 11/12/2002) 63 MEMORANDUM/BRIEF by defendant Allstate Ins. Co. in support of motion for protective order re pla's request for corporate & other depositions [63-1] (crm) (Entered: 11/12/2002) 64 AFFIDAVIT of PETER MILLER re [63-1], re [63-1] (crm) (Entered: 11/12/2002) 65 AFFIDAVIT of CARYN EBERHART re [63-1], re [63-1] (crm) (Entered: 11/12/2002) 66 AFFIDAVIT of JOHN NIERENGARTEN re [63-1], re [63-1] (crm) (Entered: 11/12/2002) 67 AFFIDAVIT of JOSEPH RADOGNO re [63-1], re [63-1] (crm) (Entered: 11/12/2002) 68 MOTION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to extend time to 11/26/02 to file brief in oppostion to mtn for pto [54-1] Red file to L/C Elena (crm) (Entered: 11/12/2002) PROPOSED ORDER re[68-1] submitted by plaintiff Tony L Simonsen, plaintiff Emily Simonsen (crm) (Entered: 11/12/2002) 69 ORDER That plaintiff's request for an expedited briefing schedule is DENIED by Judge Donald W. Molloy (cc: all counsel) (crm) (Entered: 11/19/2002) 70 ORDER by Judge Donald W. Molloy granting motion to extend time to 11/26/02 to file brief in oppostion to mtn for pto [54-1] [68-1] (cc: all counsel) (crm) (Entered: 11/19/2002) 71 RESPONSE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to motion for protective order re pla's request for corporate & other depositions [63-1], to motion for protective order re deposing corp exec and corp legal cnsl [54-1], to motion for protective order re demonstrating computer programs [54-2] (crm) (Entered: 11/25/2002) 72 MOTION by defendant Allstate Ins. Co. for attorney RONALD D. GETCHEY to appear pro hac vice Red file to L/C Elena (crm) (Entered: 11/26/2002) 73 AFFIDAVIT of RONALD D. GETCHEY re [72-1] (crm) (Entered: 11/26/2002) 74 AFFIDAVIT of SERVICE by LINDA B. LESLIE re [73-1], re [72-1] (crm) (Entered: 11/26/2002) PROPOSED ORDER re[72-1] submitted by defendant Allstate Ins. Co. (crm) (Entered: 11/26/2002)

11/08/2002

11/12/2002 11/12/2002

11/12/2002 11/12/2002 11/12/2002 11/12/2002 11/12/2002

11/12/2002 11/13/2002 11/13/2002

11/25/2002

11/26/2002 11/26/2002 11/26/2002 11/26/2002

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REMARK check for phv [72-1] for Ronald D. Getchey retained in Butte Clerk's office (crm) (Entered: 11/26/2002) 75 ORDER by Judge Donald W. Molloy granting motion for attorney RONALD D. GETCHEY to appear pro hac vice [72-1] (cc: all counsel) (CAD) (Entered: 12/03/2002) FILING FEE PAID: on 12/3/02 in the amount of $ 100.00, receipt # 29800. PHV fee for atty Ronald D. Getchey (crm) (Entered: 12/04/2002) 76 REPLY by defendant Allstate Ins. Co. to response to motion for protective order re pla's request for corporate & other depositions [63-1] file delivered to: DWM (MCN) (Entered: 12/09/2002) 77 MOTION by plaintiff Tony L Simonsen for leave to file discovery documents Red file to L/C Elena (crm) Modified on 12/10/2002 (Entered: 12/10/2002) 77 MEMORANDUM/BRIEF by plaintiff Tony L Simonsen in support of motion for leave to file discovery documents [77-1] (crm) (Entered: 12/10/2002) 78 ACKNOWLEDGEMENT BY RONALD DEAN GETCHEY OF ADMISSION PHV by defendant Allstate Ins. Co. (crm) (Entered: 12/11/2002) 79 RESPONSE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to [76-1], which is deft rplym re[63-1](deft 3rd mtn for pto) (crm) (Entered: 12/12/2002) 80 ORDER by Judge Donald W. Molloy granting motion for leave to file discovery documents in an electronic fromat on CD-ROM or disk [77-1] (cc: all counsel) (MCN) (Entered: 12/23/2002) 81 MOTION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to compel production of documents , and for sanctions , and for attorney fees Red file to L/C Elena (crm) (Entered: 12/24/2002) 82 MEMORANDUM/BRIEF by plaintiff Tony L Simonsen, plaintiff Emily Simonsen in support of motion to compel production of documents [81-1], of motion for sanctions [81-2], of motion for attorney fees [81-3] (crm) (Entered: 12/24/2002) 83 RESPONSE by defendant Allstate Ins. Co. to motion for leave to file discovery [77-1] (crm) (Entered: 12/30/2002) 84 MOTION by defendant Allstate Ins. Co. to modify court 12/20/02 order [80-1] Red file to L/C Elena (crm) (Entered: 01/02/2003) 85 REPLY by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to response to motion to file discovery [77-1] file delivered to: DWM (crm) (Entered: 01/06/2003) 85 RESPONSE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to motion to modify court 12/20/02 order [80-1] [84-1] (crm) (Entered: 01/06/2003) 86 BRIEF joining deft. Allstate's motion to modify by intervenor defendant Computer Sciences regarding [84-1] (BAW) (Entered: 01/06/2003) 87 RESPONSE BRIEF by plaintiff Tony L Simonsen opposing [86-1] (crm) (Entered: 01/08/2003)

12/03/2002 12/09/2002

12/09/2002 12/09/2002 12/11/2002 12/11/2002 12/20/2002

12/23/2002

12/23/2002

12/26/2002 01/02/2003 01/06/2003 01/06/2003 01/06/2003 01/07/2003

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88 MOTION by plaintiff Tony L Simonsen to compel attendance at deposition , and for sanctions , and for attorney fees Red file to L/C Elena (crm) (Entered: 01/08/2003) 89 MEMORANDUM/BRIEF by plaintiff Tony L Simonsen in support of motion to compel attendance at deposition [88-1], of motion for sanctions [88-2], of motion for attorney fees [88-3] (crm) (Entered: 01/08/2003) 90 NOTICE by plaintiff Tony L Simonsen of taking videotape deposition of ALLSTATE INSURANCE COMPANY on 02/18/03 at 9:00am in Englewood, CA (crm) Modified on 01/11/2003 (Entered: 01/11/2003) 91 NOTICE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen of taking videotape deposition of ALLSTATE INSURANCE COMPANY on 02/19/03 at 9:00AM in Englewood, CO (crm) (Entered: 01/11/2003) 92 NOTICE by plaintiff Tony L Simonsen of taking deposition of PAM HARDY on 02/20/03 at 9:00am in Englewood, CO. (crm) (Entered: 01/11/2003) 93 MOTION by plaintiff Tony L Simonsen for order that req for admission Nos. 14,15,& 16 be admitted , and for costs , and for attorney fees Red file to L/C Elena (crm) (Entered: 01/14/2003) 94 MEMORANDUM/BRIEF by plaintiff Tony L Simonsen in support of motion for order that req for admission Nos. 14,15,& 16 be admitted [93-1], of motion for costs [93-2], of motion for attorney fees [93-3] (crm) (Entered: 01/14/2003) 95 MOTION by plaintiff Tony L Simonsen for order that req for admission No. 12 be admitted , and for costs , and for attorney fees Red file to L/C Elena (crm) (Entered: 01/14/2003) 96 MEMORANDUM/BRIEF by plaintiff Tony L Simonsen, plaintiff Emily Simonsen in support of motion for order that req for admission No. 12 be admitted [95-1], of motion for costs [95-2], of motion for attorney fees [95-3] (crm) (Entered: 01/14/2003) 97 EXPERT WITNESS Disclosure submitted by defendant Allstate Ins. Co. Cpy to DWM chambers (CAD) (Entered: 01/15/2003) 98 EXPERT WITNESS DISCLOSURE submitted by plaintiff Tony L Simonsen, plaintiff Emily Simonsen (crm) (Entered: 01/15/2003) 99 REPLY by intervenor defendant Computer Sciences to response to motion to modify court 12/20/02 order [80-1] [84-1] copy delivered to: LC (MCN) (Entered: 01/22/2003) 100 MOTION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to compel attendance at depo on Rule 30(b)(6) witnesses (Allstate Controller's Office, Allstate Regional Office and PAM HARDY , and for sanctions , and for attorney fees Red file to L/C Elena (crm) (Entered: 01/25/2003) 100 MEMORANDUM/BRIEF by plaintiff Tony L Simonsen, plaintiff Emily Simonsen in support of motion to compel attendance at depo on Rule 30(b)(6) witnesses (Allstate Controller's Office, Allstate Regional Office and PAM HARDY [100-1], of motion for sanctions [100-2], of motion for attorney fees [100-3] (crm) (Entered: 01/25/2003)

01/10/2003

01/10/2003

01/10/2003 01/13/2003

01/13/2003

01/13/2003

01/13/2003

01/14/2003 01/14/2003 01/21/2003

01/21/2003

01/21/2003

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101 MOTION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to compel production of documents , and for sanctions , and for attorney fees Red file to L/C Elena (crm) (Entered: 01/25/2003) 102 MEMORANDUM/BRIEF by plaintiff Tony L Simonsen, plaintiff Emily Simonsen in support of motion to compel production of documents [101-1], of motion for sanctions [101-2], of motion for attorney fees [101-3] (crm) (Entered: 01/25/2003) 103 NOTICE OF READINESS TO FILE DEPOS AND DEPOS EXHIBITS by plaintiff Tony L Simonsen, plaintiff Emily Simonsen (crm) Modified on 01/25/2003 (Entered: 01/25/2003) 104 MOTION by intervenor defendant Computer Sciences for attorney Douglas M. Shamah to appear pro hac vice (MCN) Modified on 01/25/2003 (Entered: 01/24/2003) REMARK $100.00 phv check for Shamah in vault (MCN) Modified on 01/25/2003 (Entered: 01/24/2003) PROPOSED order (104) submitted by plaintiff Tony L Simonsen (MCN) Modified on 01/25/2003 (Entered: 01/24/2003) Red FILE DELIVERED to chambers for review of 104 (MCN) Modified on 01/25/2003 (Entered: 01/24/2003) 105 MOTION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to quash (6) subpoeans (crm) (Entered: 01/25/2003) 106 MEMORANDUM/BRIEF by plaintiff Tony L Simonsen, plaintiff Emily Simonsen in support of motion to quash (6) subpoeans [105-1] (crm) (Entered: 01/25/2003) 107 MOTION by defendant Allstate Ins. Co. to extend time to 1/27/03 to resp to pla's mtn to compel production & sanctions & atty fees Red file to L/C Elena (crm) (Entered: 02/04/2003) PROPOSED ORDER re[107-1] submitted by defendant Allstate Ins. Co. (crm) (Entered: 02/05/2003) 108 OBJECTIONS TO AFFIDAVIT OF DAVID J. BERARDINELLI by defendant Allstate Ins. Co. (crm) (Entered: 02/05/2003) 109 OBJECTIONS TO AFFIDAVIT OF GARY T. FEY by defendant Allstate Ins. Co. (crm) (Entered: 02/05/2003) 110 FOURTH MOTION by defendant Allstate Ins. Co. for protective order Red file to L/C Elena (crm) (Entered: 02/05/2003) 111 LOCAL RULE 26.3(c)(2) CERTIFICATION re mtn [110-1] by plaintiff Tony L Simonsen, plaintiff Emily Simonsen (crm) (Entered: 02/05/2003) 112 RESPONSE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to motion for protective order [110-1] (crm) (Entered: 02/05/2003) 113 MOTION by defendant Allstate Ins. Co. for an amended scheduling order and requezt or expedited ruling (MCN) Modified on 02/05/2003 (Entered: 02/04/2003) 114 MEMORANDUM/BRIEF by defendant Allstate Ins. Co. in support of motion for an amended scheduling order and requezt or expedited ruling [113-1] (MCN) Modified on

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02/05/2003 (Entered: 02/04/2003) 02/03/2003 02/03/2003 115 DECLARATION of Dale R. Cockrell by defendant Allstate Ins. Co. re [114-1], re [113-1] (MCN) Modified on 02/05/2003 (Entered: 02/04/2003) 116 ORDER by Judge Donald W. Molloy granting motion for an amended scheduling order and requezt or expedited ruling extending all ddl by four (4) months [113-1] (cc: all counsel) (MCN) Modified on 02/05/2003 (Entered: 02/04/2003) REMARK copies of 113-115 to chambers (MCN) Modified on 02/05/2003 (Entered: 02/04/2003) 117 RESPONSE by plaintiff Tony L Simonsen to [113-1] (MCN) Modified on 02/05/2003 (Entered: 02/05/2003) 118 REPLY by plaintiff Tony L Simonsen to response to motion to compel production of documents [101-1], motion for sanctions [101-2], motion for attorney fees [101-3] copy delivered to: DWM (MCN) Modified on 02/05/2003 (Entered: 02/05/2003) 119 FOURTH MOTION by defendant Allstate Ins. Co. for amended protective order (MCN) (Entered: 02/10/2003) 132 MOTION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen for protective order regarding Allstate's Third and Fourth Discovery Requests to Plaintiffs and supporting brief. (MCN) (Entered: 02/13/2003) 133 REPLY by defendant Allstate Ins. Co. re [113-1] (MCN) (Entered: 02/13/2003) 122 Fifth MOTION by defendant Allstate Ins. Co. for protective order (MCN) (Entered: 02/10/2003) 123 RESPONSE by defendant Allstate Ins. Co. to motion to compel attendance at depo on Rule 30(b)(6) witnesses (Allstate Controller's Office, Allstate Regional Office and PAM HARDY [100-1] (MCN) (Entered: 02/10/2003) 123 MEMORANDUM/BRIEF by defendant Allstate Ins. Co. in support of motion for protective order [122-1] (MCN) (Entered: 02/10/2003) 124 MOTION by defendant Allstate Ins. Co. for leave to file late opposition brief to plaintiff's motion to compet attendance at depo rule 30 b c witnesses and request for sancitions and attorneys' fees. (MCN) (Entered: 02/10/2003) PROPOSED order (124) submitted by defendant Allstate Ins. Co. (MCN) (Entered: 02/10/2003) 125 REPLY by defendant Allstate Ins. Co. to response to motion for amended protective order [119-1] file delivered to: DWM (MCN) (Entered: 02/11/2003) 126 SIXTH MOTION by defendant Allstate Ins. Co. for protective order (MCN) (Entered: 02/11/2003) 127 RESPONSE by defendant Allstate Ins. Co. to motion to compel production of documents [101-1] (MCN) (Entered: 02/11/2003) 127 MEMORANDUM/BRIEF by defendant Allstate Ins. Co. in support of motion for protective order [126-1] (MCN) (Entered: 02/11/2003)

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128 Seventh MOTION by defendant Allstate Ins. Co. for protective order (MCN) (Entered: 02/11/2003) Red FILE DELIVERED to chambers for review of 128 and 129 (MCN) (Entered: 02/11/2003) 130 ORDER by Judge Donald W. Molloy denying motion for protective order re pla's request for corporate & other depositions [63-1], denying motion for protective order re deposing corp exec and corp legal cnsl [54-1], denying motion for protective order re demonstrating computer programs [54-2] (cc: all counsel) (MCN) (Entered: 02/11/2003) 131 ORDER by Judge Donald W. Molloy ; pretrial order ddl set for 11/25/03 ; final pretrial conference set for 1:30 12/4/03 in Missoula ; jury trial set for 8:45 12/15/03 in Butte see order for particulars (cc: all counsel) (MCN) (Entered: 02/11/2003) 134 RESPONSE by defendant Allstate Ins. Co. to motion for order that req for admission Nos. 14,15,& 16 be admitted [93-1], to motion for costs [93-2], to motion for attorney fees [93-3] (MCN) (Entered: 02/13/2003) 135 AFFIDAVIT of Lawrence J. Gagnon re [93-1], re [93-2], re [93-3] (MCN) (Entered: 02/13/2003) Red FILE DELIVERED to chambers for review of 126 & 127 (MCN) (Entered: 02/11/2003) 136 MOTION by defendant Allstate Ins. Co. for extension of time to respond to motions, briefs, and discovery (MCN) (Entered: 02/13/2003) 137 RESPONSE by defendant Allstate Ins. Co. to motion to quash (6) subpoeans [105-1] (MCN) (Entered: 02/13/2003) PROPOSED order (136) submitted by defendant Allstate Ins. Co. (MCN) (Entered: 02/13/2003) 138 REPLY by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to response to motion for order that req for admission No. 12 be admitted [95-1], motion for costs [95-2], motion for attorney fees [95-3] file delivered to: DWM (MCN) (Entered: 02/13/2003) Red FILE DELIVERED to chambers for review of 132 (MCN) (Entered: 02/13/2003) Red FILE DELIVERED to chambers for review of 136 (MCN) (Entered: 02/13/2003) 139 Liability Expert WITNESS rebuttal reports submitted by defendant Allstate Ins. Co. (MCN) (Entered: 02/13/2003) 140 REPLY by plaintiff Tony L Simonsen to response to motion to compel attendance at depo on Rule 30(b)(6) witnesses (Allstate Controller's Office, Allstate Regional Office and PAM HARDY [100-1] file delivered to: DWM (MCN) (Entered: 02/19/2003) 140 RESPONSE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to motion for protective order [122-1] (MCN) (Entered: 02/19/2003) 141 REPLY by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to response to motion for order that req for admission Nos. 14,15,& 16 be admitted [93-1], motion for costs [93-2], motion for attorney fees [93-3] file delivered to: DWM (MCN) (Entered: 02/19/2003)

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142 REPLY by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to response to motion to compel production of documents [101-1] file delivered to: DWM (MCN) (Entered: 02/19/2003) 143 REPLY by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to response to motion to quash (6) subpoeans [105-1] file delivered to: DWM (MCN) (Entered: 02/19/2003) 142 RESPONSE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to motion for protective order [126-1] (MCN) (Entered: 02/19/2003) 144 REPLY by plaintiff Tony L Simonsen, plaintiff Emily Simonsen re [100-1] (MCN) (Entered: 02/19/2003) 144 RESPONSE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to motion for protective order [128-1] (MCN) (Entered: 02/19/2003) 145 STIPULATION BY ALL for deadline to file expert witness rebuttal reports (MCN) (Entered: 02/19/2003) 146 ORDER by Judge Donald W. Molloy granting motion for attorney Douglas M. Shamah to appear pro hac vice [104-1] (cc: all counsel) (CAD) (Entered: 02/25/2003) REMARK mailed copy of order & Ck #71576 from Williams Law Firm to Clerk Butte to receipt money (CAD) (Entered: 02/25/2003) FILING FEE PAID: on 2/27/03 in the amount of $ 100.00, receipt # 29892. PHV fee for atty Douglas M. Shama (crm) (Entered: 02/27/2003) FILE DELIVERED to Butte vol 1-6 (MCN) (Entered: 03/05/2003) 149 NOTICE by intervenor defendant Computer Sciences of Acknowledgement of Terms of Admission Pro Hac Vice. (ELL) (Entered: 03/10/2003) 147 MOTION by plaintiff Tony L Simonsen for order requiring Allstate Insurance Company to provide pla cnsl w/dates for depositions of Northbrook and Denver Allstate employees and for expedited ruling (ELL) (Entered: 03/07/2003) 148 MEMORANDUM/BRIEF by plaintiff Tony L Simonsen in support of motion for order requiring Allstate Insurance Company to provide pla cnsl w/dates for depositions of Northbrook and Denver Allstate employees and for expedited ruling [147-1] (ELL) (Entered: 03/07/2003) REMARK - Mailed Document #147 and 148 with red folder for law clerk to Missoula Clerk's Office. (ELL) (Entered: 03/07/2003) RECEIVED Clerk's record in (6) vols (crm) (Entered: 03/08/2003) 150 MOTION by plaintiff Tony L Simonsen to compel ans to pla 13th set of disc requests, alternative mot to have requests for admission nos. 19 thru 53 deemed admitted and motion for appropriate rule 37 sanctions (ELL) (Entered: 03/17/2003) 151 MEMORANDUM/BRIEF by plaintiff Tony L Simonsen in support of motion to compel ans to pla 13th set of disc requests, alternative mot to have requests for admission nos. 19 thru 53 deemed admitted and motion for appropriate rule 37 sanctions [150-1] (ELL) (Entered: 03/17/2003)

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152 ORDER by Judge Donald W. Molloy. Pla has filed a motion for an order compelling Allstate to provide dates for certain depositions in this matter (#148). IT IS ORDERED that a PHONE CONFERENCE is scheduled for TUESDAY, MARCH 18, 2003 AT 11:00 AM to establish a schedule for these depositions. Plaintiff will arrange the call. (cc: all counsel) (ELL) (Entered: 03/17/2003) REMARK - Mailed Red Folder with Motion #150 and supportion brief #151 to Missoula for Review by Law Clerk. (ELL) (Entered: 03/17/2003) REMARK - Received in Butte red folder with copies of Motion #147 & brief 148. Placed in file. (ELL) (Entered: 03/17/2003) 153 MINUTES: ;Telephonic Status hearing held 3/18/03 before Judge Donald W. Molloy; parties to fax to the Court today dates of depos to be taken by dft, this is to be signed by both plaintiff and dft; C/R: Daina Hodges (MCN) (Entered: 03/18/2003) 154 ORDER by Judge Donald W. Molloy finding the motion for order requiring Allstate Insurance Company to provide pla cnsl w/dates for depositions of Northbrook and Denver Allstate employees and for expedited ruling [147-1] moot. (cc: all counsel) (ELL) (Entered: 03/19/2003) 155 TRANSCRIPT filed RE Phone conference of 3/18/03 before US District Chief Judge Donald W. Molloy. Original held separately. (ELL) (Entered: 03/21/2003) 156 NOTICE by plaintiff Tony L Simonsen of taking deposition of MICHAEL McCABE, BILL BANDERBORG, RICHARD VAVRA, DEBORAH CAMPBELL, BILLIE COHEN, PAM CREAMER, CHRISTINE SULLIVAN, CARY EBERHART, JOSEPH RADOGNO on 06/03/03 at 9:00AM IN BUTTE, MT. (crm) (Entered: 04/02/2003) 157 AMENDED NOTICE OF VIDEOTAPE DEPOSITION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen of taking deposition of Allstate Ins. Co. on 5/21/03 at 9:00 am, Englewood, CO. (ELL) (Entered: 04/04/2003) 158 NOTICE OF CONTINUATION OF PETER MILLER'S DEPOSITION RE: COLOSSUS DEMONSTRATIONS ORDERED BY THE COURT by plaintiff Tony L Simonsen, plaintiff Emily Simonsen (ELL) (Entered: 04/04/2003) 159 AMENDED NOTICE OF DEPOSITION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen of taking deposition of Allstate Insurance on 5/21/03 at 9:00 am, Englewood CO (ELL) (Entered: 04/04/2003) 160 NOTICE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen of taking deposition of Dani Bednar on 4/25/03 at 9:00 am, Butte, MT (ELL) (Entered: 04/11/2003) 161 REPLY by defendant Allstate Ins. Co. to response to motion for protective order [122-1] file delivered to: DWM (ELL) (Entered: 04/15/2003) 162 REPLY by defendant Allstate Ins. Co. to response to motion for protective order [126-1] file delivered to: DWM (ELL) (Entered: 04/15/2003) 163 REPLY by defendant Allstate Ins. Co. to response to motion for protective order [128-1] file delivered to: DWM (ELL) (Entered: 04/15/2003) 164 RESPONSE by defendant Allstate Ins. Co. to motion to compel ans to pla 13th set of disc requests, alternative mot to have requests for admission nos. 19 thru 53 deemed admitted and motion for appropriate rule 37 sanctions [150-1] (ELL) (Entered:

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04/15/2003) 04/15/2003 04/15/2003 165 AMENDED NOTICE OF DEPOSITION by plaintiff Tony L Simonsen of taking deposition of Dani Bednar on 4/24/03 at 1:30, Butte, MT (ELL) (Entered: 04/15/2003) REMARK - Mailed COPIES of Document Nos. 161, 162 and 163 to Missoula Clerk's Office for review by Law Clerk as Motions are fully briefed. Mailed COPY of Document #164 to Msla for placement in the RED FILE (Responsive Brief). (ELL) (Entered: 04/15/2003) REMARK - BEGIN VOLUME 7 WITH DOCUMENT #161 ************* (ELL) (Entered: 04/15/2003) 166 NOTICE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen of taking the videotape deposition of SHANNON L. BRADY KAMATZ on 5/28/03 at 9:00am in Santa Fe, NM (crm) (Entered: 04/21/2003) 167 REPLY by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to response to motion to compel ans to pla 13th set of disc requests, alternative mot to have requests for admission nos. 19 thru 53 deemed admitted and motion for appropriate rule 37 sanctions [150-1] file delivered to: DWM (crm) (Entered: 04/25/2003) 168 NOTICE OF WITHDRAWAL OF PLA'S MTN TO QUASH SUBPOENAS RE MEDICAL RECORDS [105-1] AND WITHDRAWAL OF MTN FOR PTO RE ALLSTATES THIRD & FOURTH DISCOVERY REQUESTS [132-1] by plaintiff Tony L Simonsen, plaintiff Emily Simonsen (crm) (Entered: 04/28/2003) 169 SECOND AMENDED NOTICE OF DEPOSITION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen of taking deposition of Allstate Ins. Co. on 5/22/03, 8:30 at Englewood, CO (ELL) (Entered: 04/30/2003) 170 SECOND AMENDED NOTICE OF DEPOSITION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen of taking deposition of Allstate Ins Co. on 5/21/03, 8:30 am at Englewood, CO (ELL) (Entered: 04/30/2003) 171 MOTION by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to compel defendant to produce its home office employees for deposition at Allstate's home office , and for expedited briefing schedule and telephone hearing with attached Certificate of Compliance. (ELL) (Entered: 04/30/2003) 172 MEMORANDUM/BRIEF by plaintiff Tony L Simonsen, plaintiff Emily Simonsen in support of motion to compel defendant to produce its home office employees for deposition at Allstate's home office [171-1], of motion for expedited briefing schedule and telephone hearing [171-2] (ELL) (Entered: 04/30/2003) REMARK - Mailed Red File with COPIES of Motion #171 and Memsup #172 to Missoula Clerk's Office for Review by LC. (ELL) (Entered: 04/30/2003) 173 RESPONSE by defendant Allstate Insurance to motion to compel production of documents [81-1], to motion for sanctions [81-2], to motion for attorney fees [81-3] (crm) (Entered: 05/06/2003) 173 MEMORANDUM/BRIEF by defendant Allstate Insurance in support of motion for protective order [110-1] (crm) (Entered: 05/06/2003)

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174 DECLARATION OF RONALD D. GETCHEY in support by defendant Allstate Insurance re [81-1], re [81-2], re [81-3] (crm) (Entered: 05/06/2003) REMARK doc #173 & 174 found in file and docketed this date (crm) (Entered: 05/06/2003) 175 MOTION by defendant Allstate Insurance to seal documents , and for order to replace pages of brief filed by pla (ELL) (Entered: 05/08/2003) Lodged PROPOSED Order submitted by defendant Allstate Insurance RE Motion #175. (ELL) (Entered: 05/08/2003) REMARK - Mailed RED FOLDER with COPY of Motion #175 with proposed Order to Missoula Clerk's Office for review by Chambers. (ELL) (Entered: 05/08/2003) 176 RESPONSE by defendant Allstate Insurance to motion to compel defendant to produce its home office employees for deposition at Allstate's home office [171-1] (ELL) (Entered: 05/12/2003) 177 AFFIDAVIT of Michael Feuerbacher re [176-1] in support of Allstate's Brf in Opp to Pla Motion to Compel Dft to Produce its Home Office Employees for Deposition at Allstate's Home Office. (ELL) (Entered: 05/12/2003) REMARK - Mailed COPIES of document nos 176 and 177 to Missoula Clerk's Office for review by LC. (ELL) (Entered: 05/12/2003) 178 RESPONSE by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to motion to seal documents [175-1] (ELL) (Entered: 05/14/2003) REMARK - BEGIN VOLUME 8 WITH DOCUMENT #179 ********** (ELL) (Entered: 05/15/2003) REMARK - Mailed COPY of Document #178 to Missoula Clerk's Office for review by Law Clerk . (ELL) (Entered: 05/14/2003) 179 MOTION AND BRIEF IN SUPPORT by defendant Allstate Insurance to quash second notice of deposition of Peter Miller , and for protective order (ELL) (Entered: 05/15/2003) REMARK - Mailed red folder with COPY of Motion #179 to Clerk's Office in Missoula. (ELL) (Entered: 05/15/2003) 180 REPLY by plaintiff Tony L Simonsen, plaintiff Emily Simonsen to response to motion to compel defendant to produce its home office employees for deposition at Allstate's home office [171-1]. (ELL) (Entered: 05/15/2003) REMARK - Mailed COPY of document #180 to Missoula Clerk's Office for review by E.Z. (ELL) (Entered: 05/15/2003) 181 CERTIFIED COPY of Appellate Court Order: Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. Accordingly, the petition is DENIED. (crm) (Entered: 05/21/2003) 182 ORDER The parties are hereby ordered to file, within five days of the making of this order, a joint document, without attendant argument, listing the discovery motions that must be ruled on either by an order to compel or by the issuance of a protective order. The document shall list any of the previous motions that are now moot by Judge

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Donald W. Molloy (cc: Anderson, Cockrell & Corbitt - Faxed 5/21/03) (crm) Modified on 05/21/2003 (Entered: 05/21/2003) 05/21/2003 05/23/2003 05/27/2003 05/29/2003 183 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to motion for protective order [179-2] (crm) (Entered: 05/21/2003) 184 JOINT STATUS REPORT RE Pending Discovery Motions by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (ELL) (Entered: 05/27/2003) REMARK - Mailed COPY of #184 Joint Status Report to Missoula Clerk's Office for review by Judge Molloy. (ELL) (Entered: 05/27/2003) 185 AMENDED NOTICE OF DEPOSITION by plaintiff Emily Simonsen, plaintiff Tony L Simonsen of taking deposition of Michael McCabe, Bill Vanderborg, Richard Vavra, Deborah Campbell, Billie Cohen, Pam Creamer, Christine Sullivan, Caryn Eberhart, Joseph Radogno on Tuesday, September 9, 2003 at 9:00 am starting w/ Mccabe followed in sequence by deponents listed above in Northbrook, Ill. (ELL) (Entered: 05/29/2003) 186 SUPPLEMENTAL INFORMATION REGARDING EXPERT WITNESS DISCLOSURES by plaintiff Emily Simonsen, plaintiff Tony L Simonsen re list [98-1] (ELL) (Entered: 05/29/2003) REMARK - Mailed COPY of Document #186 to Missoula Clerk's Office for Review by LC without attachments. (ELL) (Entered: 05/29/2003) REMARK - BEGIN VOLUME 9 WITH DOCUMENT #187 ************ (ELL) (Entered: 05/29/2003) 187 ORDER by Judge Donald W. Molloy denying motion to quash second notice of deposition of Peter Miller [179-1], denying motion for protective order [179-2] (cc: all counsel) (crm) (Entered: 06/05/2003) 188 ORDER by Judge Donald W. Molloy granting motion to seal documents [175-1], granting motion for order to replace pages of brief filed by pla [175-2]. The agreed procedure - by stipulation earlier filed - will be adhered to in the future. If it is not, costs will be imposed (cc: all counsel) (crm) (Entered: 06/05/2003) 189 SUPPLEMENT by plaintiff Emily Simonsen, plaintiff Tony L Simonsen re status report [184-1] (crm) (Entered: 06/11/2003) 190 MOTION by defendant Allstate Insurance to extend motions deadline (ELL) Modified on 06/16/2003 (Entered: 06/16/2003) Lodged PROPOSED Order submitted by defendant Allstate Insurance RE #190 Motion. (ELL) (Entered: 06/16/2003) REMARK - BEGIN VOLUME 9 WITH DOCUMENT #190 ************* (ELL) (Entered: 06/16/2003) FILE DELIVERED to NO'B in Billings for review per req. of EZ in Msla. Received 8 red files. (HMM) (Entered: 06/16/2003) REMARK - Sent COPY of Document #190 to Billings Clerk's Office for Review by Judge Anderson with proposed Order and envelopes. (ELL) (Entered: 06/16/2003)

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191 ORDER by Judge Donald W. Molloy. The motions pending in this matter are hereby referred to the Honorable Richard W. Anderson for ruling. (cc: all counsel) (ELL) (Entered: 06/17/2003) 192 OBJECTIONS by defendant Allstate Insurance to [189-1] pla supple to joint report to the Court re pending disc motions. (ELL) (Entered: 06/17/2003) 193 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to [192-1] Allstate obj to pla supplement to joint report to the Court re pending disc motions. (ELL) (Entered: 06/17/2003) FILE DELIVERED to Clerk's Office in Billings for Review by Chambers. File delivered via E. Larson in two boxes and 9 Volumes. (ELL) (Entered: 06/17/2003) RECEIVED file from Butte in 9 Volumes and delivered to Chambers for RWA. (ELL) (Entered: 06/19/2003) 194 NOTICE OF INTENT TO INTRODUCE COLOSSUS DEMONSTRATION DEPOSITION by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (crm) (Entered: 06/23/2003) 195 MOTION by plaintiff Emily Simonsen, plaintiff Tony L Simonsen for leave to file discovery documents (Colossus Demonstration) (crm) (Entered: 06/25/2003) 195 MEMORANDUM/BRIEF by plaintiff Emily Simonsen, plaintiff Tony L Simonsen in support of motion for leave to file discovery documents (Colossus Demonstration) [195-1] (crm) (Entered: 06/25/2003) PROPOSED ORDER re[195-1] submitted by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (crm) (Entered: 06/25/2003) 196 NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF ITS PENDING MOTIONS FOR PROTECTIVE ORDER by defendant Allstate Insurance (ELL) (Entered: 06/30/2003) 196 MOTION by defendant Allstate Insurance for reconsideration of Court's Order dated 2/10/03 (ELL) (Entered: 06/30/2003) REMARK - Mailed document #196 and Red File with Motion to Billings Office as file is there. (ELL) (Entered: 06/30/2003) 197 RESPONSE TO ALLSTATES NOTICE OF SUPPL AUTHORITY IN SUPPORT OF ITS PENDING MOT FOR PO AND MOT FOR RECON OF COURTS ORDER OF 2/10/03 by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to [196-1] (ELL) (Entered: 07/01/2003) REMARK - Mailed Orginal document #'s 196 and 197 with copies to Clerk's Office in Billings as file is there. (ELL) (Entered: 07/01/2003) 198 ORDER by Mag Judge Richard W. Anderson denying motion to extend motions deadline [190-1], finding the motion to compel defendant to produce its home office employees for deposition at Allstate's home office [171-1] moot., finding the motion for expedited briefing schedule and telephone hearing [171-2] moot., finding the motion for protective order [128-1] moot., finding the motion for protective order [122-1] moot., denying motion to compel attendance at depo on Rule 30(b)(6) witnesses (Allstate Controller's Office, Allstate Regional Office and PAM HARDY

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[100-1], finding the motion for sanctions [100-2] moot., finding the motion for attorney fees [100-3] moot., finding the motion to compel attendance at deposition [88-1] moot., finding the motion for sanctions [88-2] moot., finding the motion for attorney fees [88-3] moot. (cc: all counsel) (CAA) (Entered: 07/01/2003) 07/02/2003 199 ORDER by Mag Judge Richard W. Anderson denying in part and granting in part the motion to modify court order [80-1] of 12/20/02 [84-1] as follows: plaintiffs may file the depositions and exhibits discussed in teh depositions of David Bell, Peter Miller, Barbara Rudio, Kellie Walter, Shari Huth, Brian King, Denise Schmallen, Larry Gagnon, Kathy Strobel. All other provisions of the order of 12/10/02 remain unchanged. (cc: all (CAA) (Entered: 07/02/2003) 200 MOTION AND BRIEF IN SUPPORT by plaintiff Emily Simonsen, plaintiff Tony L Simonsen for reconsideration of the Court's Order Dated 7/1/03 (ELL) (Entered: 07/02/2003) REMARK - Sent Document #200 with copy to Clerk's Office in Billings with copy in Red File for briefing. (ELL) (Entered: 07/02/2003) 201 OBJECTIONS by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to [196-1] Allstates Motion for Reconsiderationof Mag Anderson's 7/2/03 Order. (ELL) (Entered: 07/09/2003) 202 MOTION AND BRIEF IN SUPPORT by plaintiff Emily Simonsen, plaintiff Tony L Simonsen in limine to prevent Allstate from presenting evidence of facts or law not in existence at time of handling of underlying claim (ELL) (Entered: 07/09/2003) 203 MOTION AND BRIEF IN SUPPORT by plaintiff Emily Simonsen, plaintiff Tony L Simonsen in limine regarding dft's expert witnesses (ELL) (Entered: 07/09/2003) REMARK - Mailed Original documents 201 and #202 and 203 with copies in Red Files to Clerk's Office in Billings. (ELL) Modified on 07/09/2003 (Entered: 07/09/2003) 205 MOTION and BRIEF IN SUPPORT by intervenor defendant Computer Sciences in limine re pla's Notic of Intent to Introduce Colossus Demonstration Deposition (ELL) Modified on 07/10/2003 (Entered: 07/10/2003) 206 AFFIDAVIT of Diane Moore (CAA) (Entered: 07/11/2003) 207 MOTION by defendant Allstate Insurance for reconsideration (CAA) (Entered: 07/11/2003) 204 MOTION by defendant Allstate Insurance for reconsideration of the court's order of 7/01/03 denying the joint motion for extension of motions deadline (HMM) (Entered: 07/10/2003) REMARK - Mailed document #205 with copy in RED FILE to Billings Clerk's Office. (ELL) (Entered: 07/10/2003) FILE DELIVERED to RWA (NOB) for review (CAA) (Entered: 07/11/2003) 208 AMENDED NOTICE OF VIDEOTAPE DEPOSITION by plaintiff Emily Simonsen, plaintiff Tony L Simonsen of taking deposition of Michael McCabe, Bill Vanderborg, Richard Vavra, Deborah Campbell, Billie Cohen, Pam Creamer, Christine Sullivan, Caryn Eberhart and Joseph Radogno on 9/9/03 at 9:00 am Tuesday in Northbrook ILL

07/02/2003

07/02/2003 07/09/2003

07/09/2003

07/09/2003 07/09/2003

07/09/2003

07/09/2003 07/09/2003 07/10/2003

07/10/2003 07/11/2003 07/15/2003

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(ELL) (Entered: 07/15/2003) 07/16/2003 07/17/2003 REMARK - Mailed document #208 to Billings Clerk's Office for placement in the file. (ELL) (Entered: 07/16/2003) 209 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to motion in limine re pla's Notic of Intent to Introduce Colossus Demonstration Deposition [205-1] (ELL) (Entered: 07/17/2003) REMARK - Mailed document #209 with copy to Clerk's Office in Billings. (ELL) (Entered: 07/17/2003) 210 ORDER by Mag Judge Richard W. Anderson denying motion for order that req for admission No. 12 be admitted [95-1], denying motion for costs [95-2], denying motion for attorney fees [95-3], denying motion for order that req for admission Nos. 14,15,& 16 be admitted [93-1], denying motion for costs [93-2], denying motion for attorney fees [93-3]. Within 10 days, Allstate shall serve a full and complete supplemental answer to Requests #12, #15, #16 as directed in this order (cc: all counsel; Judge Molloy; Judge Anderson)(see order for specifics) (CAA) Modified on 07/28/2003 (Entered: 07/23/2003) FILE DELIVERED to RWA (NOB) for review per her request (CAA) (Entered: 07/23/2003) 211 MOTION by intervenor defendant Computer Sciences to extend time for Intervenor to file Reply Brief in support of its Motion in Limine re introduction of COLOSSUS demonstration depo dated 7/9/03 to 8/11/03. (ELL) (Entered: 07/24/2003) Lodged PROPOSED Order submitted by intervenor defendant Computer Sciences RE Motion # 211. (ELL) (Entered: 07/24/2003) REMARK - Mailed document #211 with copy, proposed Order and envelopes to Clerk's Office in Billings for Review by Judge Anderson. (ELL) (Entered: 07/24/2003) 212 ORDER by Mag Judge Richard W. Anderson granting motion to extend time for Intervenor to file Reply Brief in support of its Motion in Limine re introduction of COLOSSUS demonstration depo dated 7/9/03 to 8/11/03. [211-1] ; setting date for reply brief ddl set for 8/11/03 for Computer Sciences (cc: all counsel; Judge Molloy; Judge Anderson) (CAA) Modified on 07/28/2003 (Entered: 07/28/2003) 213 ORDER by Mag Judge Richard W. Anderson finding the motion for amended protective order [119-1] moot., denying motion for protective order [110-1], granting motion to compel production of documents [81-1] in part and denying in part, granting motion for sanctions [81-2], granting motion for attorney fees [81-3]. Within 10 days, plaintiffs shall file an afdt of fees and costs incurred in filing their motion to compel and in opposition to Allstate's fourth motion for protective order. Within 10 days thereafter, Allstates shall file its objections and the matter will be deemed submitted. (cc: all counsel, Judge Molloy, Judge Anderson) (CAA) (Entered: 07/28/2003) FILE DELIVERED to RWA (NOB) for review per her request (CAA) (Entered: 07/28/2003) 214 ORDER by Mag Judge Richard W. Anderson denying motion for protective order [126-1], granting in part motion to compel production of documents [101-1],within 20 days Allstate shall serve full and complete responses to Request for Production No.

07/17/2003 07/23/2003

07/23/2003 07/23/2003

07/23/2003 07/24/2003 07/28/2003

07/28/2003

07/28/2003 07/30/2003

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173 of plaintiffs' ninth set of discovery requests; denying motion for sanctions [101-2], denying motion for attorney fees [101-3] (cc: all counsel & Judge Molloy) (TMD) Modified on 07/30/2003 (Entered: 07/30/2003) 07/30/2003 07/31/2003 FILE DELIVERED to NOB per her request (TMD) (Entered: 07/30/2003) 215 ORDER by Mag Judge Richard W. Anderson denying motion to compel ans to pla 13th set of disc requests, alternative mot to have requests for admission nos. 19 thru 53 deemed admitted and motion for appropriate rule 37 sanctions [150-1] (cc: all counsel & Judge Molloy) (TMD) (Entered: 07/31/2003) FILE DELIVERED to NOB per her request (TMD) (Entered: 07/31/2003) 216 RESPONSE by defendant Allstate Insurance to motion in limine regarding dft's expert witnesses [203-1] (ELL) (Entered: 08/04/2003) 217 RESPONSE by defendant Allstate Insurance to motion in limine to prevent Allstate from presenting evidence of facts or law not in existence at time of handling of underlying claim [202-1] (ELL) (Entered: 08/04/2003) REMARK - Mailed document #216 and 217 with copies to Clerk's Office in Billings. (ELL) (Entered: 08/04/2003) 218 MOTION by plaintiff Emily Simonsen, plaintiff Tony L Simonsen for reconsideration of two matters in Court's Order of 7/28/03 (ELL) (Entered: 08/05/2003) 219 MEMORANDUM/BRIEF by plaintiff Emily Simonsen, plaintiff Tony L Simonsen in support of motion for reconsideration of two matters in Court's Order of 7/28/03 [218-1] (ELL) (Entered: 08/05/2003) REMARK - Mailed document #218 and #219 and copies in Red Folder to Clerk's Office in Billings. (ELL) (Entered: 08/05/2003) 220 ORDER by Mag Judge Richard W. Anderson granting motion for reconsideration of the court's order of 7/01/03 denying the joint motion for extension of motions deadline [204-1] ; case management ddl set for 8/18/03 for Motions fully briefed & clk is to notify counsel & Judge Molloy - mail cpy to Msla & (cc: all counsel) (RMW) (Entered: 08/06/2003) 221 AFFIDAVIT of Michael J. McKeon in support of request for fees and costs incurred in filling pla motion to compel and in opposing Allstate's 4th mot for Protective Order. (ELL) (Entered: 08/06/2003) REMARK - Mailed document #221 with copy to Clerk's Office in Billings. (ELL) (Entered: 08/06/2003) 222 REPLY by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to response to motion in limine regarding dft's expert witnesses [203-1] file delivered to: RWA (ELL) (Entered: 08/07/2003) 223 REPLY by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to response to motion in limine to prevent Allstate from presenting evidence of facts or law not in existence at time of handling of underlying claim [202-1] file delivered to: RWA (ELL) (Entered: 08/07/2003) REMARK - Mailed document #222 and 223 to Clerk's Office in Billings with copies. (ELL) (Entered: 08/07/2003)

07/31/2003 08/01/2003 08/01/2003

08/04/2003 08/05/2003 08/05/2003

08/05/2003 08/06/2003

08/06/2003

08/06/2003 08/07/2003

08/07/2003

08/07/2003

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08/08/2003 08/11/2003 08/11/2003

224 RULE 72 OBJECTIONS by defendant Allstate Insurance to [210-1] Magistrate Judge Anderson's 7/23/03 Order. (ELL) (Entered: 08/11/2003) REMARK - Mailed document #224 with copy to Clerk's Office in Billings. (ELL) (Entered: 08/11/2003) 225 REPLY by intervenor defendant Computer Sciences to response to motion in limine re pla's Notic of Intent to Introduce Colossus Demonstration Deposition [205-1] file delivered to: RWA (ELL) (Entered: 08/12/2003) REMARK - Mailed Orig document #225 to Clerk's Offic ein Billings. (ELL) (Entered: 08/12/2003) REMARK ** Vol # 10 begins with doc # 225 ** (RMW) (Entered: 08/13/2003) 226 RESPONSE by defendant Allstate Insurance to motion for reconsideration of two matters in Court's Order of 7/28/03 [218-1] (TMD) (Entered: 08/14/2003) 227 OBJECTIONS by defendant Allstate Insurance to [213-1] which is RWA's Order denying mot for protective order (TMD) (Entered: 08/14/2003) 228 REPLY by defendant Allstate Insurance to response to motion for reconsideration of Court's Order dated 2/10/03 [196-1] file delivered to: RWA (TMD) (Entered: 08/14/2003) FILE DELIVERED to pending shelf for # 225 to arrive from BU (RMW) (Entered: 08/13/2003) 229 Rule 72 OBJECTIONS by defendant Allstate Insurance to [214-1] Magistrate Judge Anderson's July 30, 2003 Order (ELL) (Entered: 08/14/2003) FILE DELIVERED to RWA for review (TMD) (Entered: 08/14/2003) REMARK - Mailed document #229 with copy to Clerk's Office in Billings for Review by Judge Anderson. (ELL) (Entered: 08/14/2003) 230 REPLY by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to motion for reconsideration [207-1] of the Court's Order of 7/1/03; file delivered to: RWA (ELL) (Entered: 08/14/2003) REMARK - Mailed document #230 with copy to Clerk's Office in Billings. (ELL) (Entered: 08/14/2003) 231 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to [224-1], which is the obj to order [210-1] (crm) (Entered: 08/14/2003) 232 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to [227-1], which is obj to order [213-1] (crm) (Entered: 08/14/2003) 233 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to [229-1], which is obj to order [214-1] (crm) (Entered: 08/14/2003) 234 MOTION by defendant Allstate Insurance for joinder in intervenor CSC's Motion in Limine re Pla's Notice of Intent to Introduce Colossus Demonstration Deposition. (ELL) (Entered: 08/18/2003) REMARK - Mailed document #234 with copy to Clerk's Office in Billings. (ELL) (Entered: 08/18/2003)

08/12/2003 08/12/2003 08/12/2003 08/12/2003 08/12/2003

08/13/2003 08/13/2003 08/14/2003 08/14/2003 08/14/2003

08/14/2003 08/14/2003 08/14/2003 08/14/2003 08/18/2003

08/18/2003

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08/18/2003

235 ORDER by Mag Judge Richard W. Anderson ALLSTATE'S denying motion for reconsideration of Court's Order dated 2/10/03 [196-1], and upon review, granting Plaintiffs' motion for leave to file discovery documents (Colossus Demonstration) and plaintiffs shall forthwith file UNDER SEAL the Colossus demo depo of Jeanne Fuson taken on 5-20-03 [195-1] and cpy of Order to DWM as ordered & (cc: all counsel) (SEALED) (Entered: 08/18/2003) FILE DELIVERED to NOB for her request. (SEALED) (Entered: 08/18/2003) 236 OBJECTIONS by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to [234-1] (ELL) (Entered: 08/18/2003) REMARK - Mailed document #236 with copy to Clerk's Office in Billings. (ELL) (Entered: 08/18/2003) REMARK per NOB in Blgs - forward three red files to DWM lc EZ in Msla for her review (RMW) (Entered: 08/19/2003) REMARK send three MORE red files per NOB - to DWM lc in Msla (EZ), for her review (obj to Order of 7/30/03) (RMW) (Entered: 08/19/2003) REMARK two more red files mailed in addition to those listed above. (RMW) (Entered: 08/19/2003) 237 NOTICE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen of Filing Deposition of Jeanne Fuson Regarding Colossum Demonsration (Attached Deposition In Envelope Sealed). (ELL) (Entered: 08/19/2003) REMARK - Mailed document #237 with attached deposition in Sealed Envelope with copy to Clerk's Office in Billings. (ELL) (Entered: 08/19/2003) 238 ORDER by Mag Judge Richard W. Anderson granting motion for reconsideration of the Court's Order Dated 7/1/03 [200-1], denying motion to compel defendant to produce its home office employees for deposition at Allstate's home office [171-1], denying in part and granted in part motion for protective order [122-1], denying in part and granting in part motion to compel attendance at deposition [88-1]. Plaintiff's request for sanctions is denied (cc: all counsel and Judge Molloy) (TMD) (Entered: 08/20/2003) FILE DELIVERED to NOB for per her request (TMD) (Entered: 08/20/2003) 239 AMENDED NOTICE OF DEPOSITION by plaintiff Emily Simonsen, plaintiff Tony L Simonsen of taking deposition of Allstate Ins Company on 9/9/03, 9:00 am at Northbrook, ILL (ELL) (Entered: 08/21/2003) REMARK - Mailed document #239 with copy to Clerk's Office in Billings for placement in the file. (ELL) (Entered: 08/21/2003) 240 OBJECTIONS by defendant Allstate Insurance to [221-1] Pla's Affidavit in Support of Request for Fees and Costs. (ELL) (Entered: 08/22/2003) 241 RESPONSE by defendant Allstate Insurance to motion for reconsideration of two matters in Court's Order of 7/28/03 [218-1] (ELL) (Entered: 08/22/2003) REMARK - Mailed document #240 and 241 to Clerk's Office in Billings w/cpies. (ELL) (Entered: 08/22/2003)

08/18/2003 08/18/2003 08/18/2003 08/19/2003 08/19/2003 08/19/2003 08/19/2003

08/19/2003 08/20/2003

08/20/2003 08/21/2003

08/21/2003 08/22/2003 08/22/2003 08/22/2003

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08/25/2003 08/25/2003 08/26/2003

242 NOTICE OF NON-COMPLIANCE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (ELL) (Entered: 08/25/2003) REMARK - Mailed document #242 with copy to Clerk's Office in Billings for Review by Judge Anderson. (ELL) (Entered: 08/25/2003) 243 REPLY by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to response to motion for reconsideration of two matters in Court's Order of 7/28/03 [218-1] file delivered to: RWA (crm) (Entered: 08/26/2003) 244 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to [240-1], which are objections to pla afdt in support of request for fees & costs (crm) (Entered: 08/26/2003) 245 RESPONSE by defendant Allstate Insurance to [242-1] Pla Notice of Non-Compliance. (ELL) (Entered: 08/27/2003) REMARK - Mailed document #245 with copy to Clerk's Office in Billings. (ELL) (Entered: 08/27/2003) 246 REPLY by defendant Allstate Insurance re [231-1], which is pla response to deft obj [224-1] (crm) (Entered: 09/02/2003) 247 REPLY by defendant Allstate Insurance re [232-1], which is pla response to deft obj [227-1] (crm) (Entered: 09/02/2003) 248 REPLY by defendant Allstate Insurance re [233-1], which is pla resp to deft obj [229-1] (crm) (Entered: 09/02/2003) 251 REPLY by defendant Allstate Insurance, plaintiff Tony L Simonsen to response to plaintiffs' notice of non-compliance; file delivered to: RWA (CAA) (Entered: 09/04/2003) 249 MOTION by defendant Allstate Insurance for attorney Peter H. Klee to appear pro hac vice (ELL) (Entered: 09/03/2003) 250 AFFIDAVIT of Peter H. Klee re [249-1] in Support of Motion to Appear Pro Hac Vice. (ELL) (Entered: 09/03/2003) REMARK - cnsl well send check for $100.00 to Butte Divisioni for fee for PHV for atty Peter H. Klee. (ELL) (Entered: 09/03/2003) REMARK - mailed document #249 and 250 with copies to Clerk's Office in Billings for Review by Judge Anderson. (ELL) (Entered: 09/03/2003) 253 OBJECTIONS by defendant Allstate Insurance to [235-1] (TMD) (Entered: 09/11/2003) 254 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to [253-1] (TMD) (Entered: 09/11/2003) 252 OBJECTIONS by defendant Allstate Insurance to [238-1] Magistrate Anderson's 8/20/03 Order. (ELL) (Entered: 09/10/2003) REMARK - Mailed document #252 with copy to Clerk's Office in Billings. (ELL) (Entered: 09/10/2003)

08/26/2003

08/26/2003 08/27/2003 08/29/2003 08/29/2003 08/29/2003 08/29/2003

09/03/2003 09/03/2003 09/03/2003 09/03/2003 09/03/2003 09/04/2003 09/08/2003 09/10/2003

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09/11/2003

255 ORDER by Mag Judge Richard W. Anderson that plaintiffs are awarded a total of $17,961.30 for atty fees and costs incurred in filing their motion to compel and opposing Allstate's fourth motion for protective order; dfts shall remit this award to plaintiffs within 30 days (cc: all counsel & DWM) (TMD) (Entered: 09/11/2003) 256 ORDER by Mag Judge Richard W. Anderson denying motion for reconsideration of two matters in Court's Order of 7/28/03 [218-1] (cc: all counsel & DWM) (TMD) (Entered: 09/11/2003) FILE DELIVERED to Butte consisting of 10 clerk's volumes and 2 manilla envelopes containing exhibits filed under seal; 2 boxes - certified receipt #7002 0860 0006 6395 3768 and 7002 0860 0006 6395 4581; 10 red files delivered to Missoula for Elena, certified receipt #7002 0860 0006 6395 3775 (TMD) (Entered: 09/18/2003) 257 AFFIDAVIT of Christine Sullivan in Support of Allstate's Rule 72 Objections to Mag Judge Andersons July 23, 28, 30, August 18 and 20, 2003 Orders. (ELL) (Entered: 09/15/2003) REMARK - Mailed COPY of document #257 to Clerk's Office in Missoula. (ELL) (Entered: 09/15/2003) 258 NOTICE by plaintiff Emily Simonsen of fileing of Depositions pursuant to the Court's Order of 8/18/03. (ELL) (Entered: 09/15/2003) 259 MOTION by plaintiff Emily Simonsen, plaintiff Tony L Simonsen for order for Court to Order Dft Allstate Ins Co. to Comply with the Court's Order of 7/28/03 and Request for Sanctions and Attorney's Fees (ELL) (Entered: 09/15/2003) 260 MEMORANDUM/BRIEF by plaintiff Emily Simonsen, plaintiff Tony L Simonsen in support of motion for order for Court to Order Dft Allstate Ins Co. to Comply with the Court's Order of 7/28/03 and Request for Sanctions and Attorney's Fees [259-1] (ELL) (Entered: 09/15/2003) 261 NOTICE OF CERTIFICATE OF COMPLIANCE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (ELL) (Entered: 09/15/2003) RECEIVED - CD-ROMs of depositions and exhibits RE# 258. (ELL) (Entered: 09/15/2003) REMARK - Mailed COPIES of document #258 through 261 to Clerk's Office in Missoula for Review by Chambers. Copy of doc #259 and 260 in Red File. (ELL) (Entered: 09/15/2003) 262 ORDER by Judge Donald W. Molloy. IT IS ORDERED that Allstate's objections to Judge Anderson's Orders are OVERRULED. (cc: all counsel) (ELL) (Entered: 09/16/2003) RECEIVED file in 10 volumes and 2 envelopes sealed from Billings office and placed on shelf in Butte. (ELL) (Entered: 09/19/2003) REMARK - FAXED COPY of document #252 to Elena Z. upon her request. (ELL) (Entered: 09/19/2003) 263 NOTICE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen of taking videotape deposition of CHRISTINE SULLIVANA on 10/08/03 at 10:00AM in Missoula, Mt. (crm) (Entered: 09/23/2003)

09/11/2003

09/11/2003

09/12/2003

09/15/2003 09/15/2003 09/15/2003

09/15/2003

09/15/2003 09/15/2003 09/15/2003

09/15/2003

09/19/2003 09/19/2003 09/22/2003

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09/24/2003 09/24/2003 09/29/2003 09/30/2003 09/30/2003 09/30/2003

264 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to Objection [252-1] (crm) (Entered: 09/24/2003) REMARK - BEGIN VOLUME 11 WITH DOCUMENT #265 ************* (ELL) (Entered: 10/03/2003) 265 MOTION AND BRIEF IN SUPPORT by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to compel (ELL) (Entered: 09/30/2003) REMARK - Mailed COPY of document #265 in Red File to Missoula Clerk's Office for Chambers. (ELL) (Entered: 09/30/2003) 266 MOTION by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to compel attendance of witness (ELL) (Entered: 10/01/2003) 267 MEMORANDUM/BRIEF by plaintiff Emily Simonsen, plaintiff Tony L Simonsen in support of motion to compel attendance of witness [266-1] (ELL) (Entered: 10/01/2003) 268 MOTION by plaintiff Emily Simonsen, plaintiff Tony L Simonsen for order to shorten the time required to file responsive briefs (ELL) (Entered: 10/01/2003) 269 MEMORANDUM/BRIEF by plaintiff Emily Simonsen, plaintiff Tony L Simonsen in support of motion for order to shorten the time required to file responsive briefs [268-1] (ELL) (Entered: 10/01/2003) 270 ORDER by Judge Donald W. Molloy overruling objection [252-1]. IT IS ORDERED that Allstate's Rule 72 Objections to Judge Anderson's 8/20/03 Order are OVERRULED. (cc: all counsel) (ELL) (Entered: 10/02/2003) REMARK - Mailed COPIES of document #266, 267, 268 and 269 in RED FOLDERS to Clerk's Office in Missoula for Chambers (ELL) (Entered: 10/01/2003) 271 MOTION by defendant Allstate Insurance for order for interlocutory appeal , and to stay proceedings (ELL) (Entered: 10/02/2003) 272 MEMORANDUM/BRIEF by defendant Allstate Insurance in support of motion for order for interlocutory appeal [271-1], of motion to stay proceedings [271-2] (ELL) (Entered: 10/02/2003) Lodged PROPOSED Order submitted by defendant Allstate RE #271 Motion. Insurance (ELL) (Entered: 10/02/2003) 273 MOTION by plaintiff Emily Simonsen, plaintiff Tony L Simonsen for order to withdraw pla motion to compel attendance of witness (ELL) (Entered: 10/02/2003) Lodged PROPOSED Order submitted by plaintiff Emily Simonsen, plaintiff Tony L Simonsen - RE MOtion #273. (ELL) (Entered: 10/02/2003) REMARK - Mailed to Missoula for Review by Chambers Red File with a COPY of Document #271 and 272 with proposed Order. Also COPY of document #273 with proposed Order. (ELL) (Entered: 10/02/2003) 281 ORDER by Judge Donald W. Molloy granting motion for order to withdraw pla motion to compel attendance of witness [273-1], denying motion for order for interlocutory appeal [271-1], denying motion for order to shorten the time required to file responsive briefs [268-1], denying motion to compel [265-1] (cc: all counsel) (ELL) (Entered:

09/30/2003 09/30/2003

09/30/2003

10/01/2003 10/02/2003 10/02/2003

10/02/2003 10/02/2003 10/02/2003 10/02/2003

10/07/2003

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10/10/2003) 10/07/2003 10/08/2003 282 ORDER by Judge Donald W. Molloy granting motion for attorney Peter H. Klee to appear pro hac vice [249-1] (cc: all counsel) (SEALED) (Entered: 10/10/2003) 274 RESPONSE by defendant Allstate Insurance to motion for order for Court to Order Dft Allstate Ins Co. to Comply with the Court's Order of 7/28/03 and Request for Sanctions and Attorney's Fees [259-1] (crm) (Entered: 10/08/2003) 275 SECOND MOTION by defendant Allstate Insurance for order for interlocutory appeal , and to stay proceedings Red file to L/C Elena (crm) (Entered: 10/08/2003) 276 MEMORANDUM/BRIEF by defendant Allstate Insurance in support of motion for order for interlocutory appeal [275-1], of motion to stay proceedings [275-2] (crm) (Entered: 10/08/2003) 277 REPLY by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to response to motion for order for Court to Order Dft Allstate Ins Co. to Comply with the Court's Order of 7/28/03 and Request for Sanctions and Attorney's Fees [259-1]. (ELL) (Entered: 10/09/2003) REMARK - Mailed COPY of #277 to Clerk's Office in Missoula for Review by Chambers. (ELL) (Entered: 10/09/2003) 278 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to motion for order for interlocutory appeal [271-1], to motion to stay proceedings [271-2] (crm) (Entered: 10/10/2003) 279 MOTION by plaintiff Emily Simonsen, defendant Allstate Insurance to compel dft to comply with court order [262-1] , and for sanctions , and for attorney fees Red file to L/C Elena (crm) (Entered: 10/10/2003) 280 MEMORANDUM/BRIEF by plaintiff Emily Simonsen, plaintiff Tony L Simonsen in support of motion to compel dft to comply with court order [262-1] [279-1], of motion for sanctions [279-2], of motion for attorney fees [279-3] (crm) (Entered: 10/10/2003) 283 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to second motion for order for interlocutory appeal [275-1], to motion to stay proceedings [275-2] (crm) (Entered: 10/14/2003) FILING FEE PAID: on 10/15/03 in the amount of $ 100.00, receipt # 30124. PHV fee for Peter Klee re[282-1] (crm) (Entered: 10/17/2003) 284 NOTICE/ACKNOWLEDGEMENT BY PETER H.KLEE OF ADMISSION PHV re[282-1] by defendant Allstate Insurance (crm) (Entered: 10/17/2003) 287 ORDER by Judge Donald W. Molloy. IT IS ORDERED that Allstate's motion for interlocutory appeal is DENIED. IT IS FURTHER ORDERED that Pla motion to comply is GRANTED. Defendant shall comply w/Judge Anderson's 7/28/03 Order within 10 days of the date of this Order. IT IS FURTHER ORDERED that on or before 11/17/03 in writing, Allstate's cnsl shall show cause why costs and fees should not be assessed against Allstate and denying motion for order for interlocutory appeal [275-1], granting motion to compel dft to comply with court order [262-1] [279-1] (cc: all counsel) (ELL) (Entered: 10/23/2003)

10/08/2003 10/08/2003

10/08/2003

10/09/2003 10/09/2003

10/09/2003

10/09/2003

10/14/2003

10/15/2003 10/17/2003 10/21/2003

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10/22/2003

285 MOTION by plaintiff Emily Simonsen, plaintiff Tony L Simonsen for contempt, sanctions, atty fees & costs & default jgmt against Allstate , and to continue Atty Pretrl conf, final pretrl conf and trial , and for order for shortened brfing sched and request for hearing (ELL) (Entered: 10/22/2003) 286 MEMORANDUM/BRIEF by plaintiff Emily Simonsen, plaintiff Tony L Simonsen in support of motion for contempt, sanctions, atty fees & costs & default jgmt against Allstate [285-1], of motion to continue Atty Pretrl conf, final pretrl conf and trial [285-2], of motion for order for shortened brfing sched and request for hearing [285-3] (ELL) (Entered: 10/22/2003) REMARK - Mailed COPIES of #285 and 286 in Red Folder to Missoula Clerk's Office for Chambers. (ELL) (Entered: 10/22/2003) 288 RESPONSE by defendant Allstate Insurance to Pla Rule 37 Motion to Compel Allstate to Comply with Court Orders. (ELL) (Entered: 10/23/2003) REMARK - Begin VOLUME 12 with document #287 ************** (ELL) (Entered: 10/23/2003) 289 REPLY by plaintiff Emily Simonsen, plaintiff Tony L Simonsen in support of Pla Rule 37 Motion to Compel Allstate to comply with Court Orders. (ELL) (Entered: 10/28/2003) 290 ORDER by Judge Donald W. Molloy. IT IS ORDERED that the final pretrial conf set for 12/4/03 at 1:30 is RESET to 12/3/03 at 1:30 in the Russell Smith Courthouse, Missoula, MT and ; pretrial conference set for 1:30 12/3/03 for Allstate Insurance, for John Does (cc: all counsel) (ELL) (Entered: 11/03/2003) 291 RESPONSE by defendant Allstate Insurance to Pla motion to compel Allstate to comply with the Courts Order to Produce the CD-ROM with the McKinsey Report and for Sanctions and Reasonable Attorney Fees pursuant to Rule 37, FRCP and Certificate of Complicance/motion for sanctions [279-2], to motion for attorney fees [279-3] (ELL) (Entered: 11/04/2003) 292 AFFIDAVIT of Dale R. Cockrell re [291-1] (ELL) (Entered: 11/04/2003) 293 ORDER by Judge Donald W. Molloy regarding [285-1]; Allstate shall file response to pltf's Rule 37 motion by 11/10/03 (cc: all counsel) (KJH) (Entered: 11/04/2003) Mailed original of Order #293 to Butte for file (KJH) (Entered: 11/04/2003) 294 STATUS REPORT by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (ELL) (Entered: 11/05/2003) 295 REPLY by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to response to motion for sanctions [279-2], motion for attorney fees [279-3] (ELL) (Entered: 11/05/2003) REMARK - Mailed COPIES of 294, 295 to Clerk's Office in Missoula for Chambers. (ELL) Modified on 11/05/2003 (Entered: 11/05/2003) 296 RESPONSE to (1) The Court's October 21, 2003 Order to Show Cause and (2) Plaintiff's October 22 2003 Rule 37 Motion by defendant Allstate Insurance (copy to DWM) (ELL) Modified on 11/13/2003 (Entered: 11/12/2003)

10/22/2003

10/22/2003 10/22/2003 10/23/2003 10/23/2003

10/30/2003

11/03/2003

11/03/2003 11/04/2003 11/04/2003 11/05/2003 11/05/2003 11/05/2003 11/10/2003

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11/12/2003 11/12/2003 11/13/2003 11/14/2003

297 REPLY by plaintiff Emily Simonsen, plaintiff Tony L Simonsen re [279-1] Motion to Compel (ELL) Modified on 11/13/2003 (Entered: 11/12/2003) REMARK - Mailed COPY of document #298 to Clerk's Office in Missoula for Review by Chambers. (ELL) (Entered: 11/12/2003) 298 NOTICE by defendant Allstate Insurance of Certificate of Service. (ELL) Modified on 11/13/2003 (Entered: 11/13/2003) 299 MOTION by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to compel documents requested in pla's 21st set of disc requests , and for expedited briefing schedule , and for attorney fees , and for other sanctions Red file for L/C Elena (crm) (Entered: 11/14/2003) 299 MEMORANDUM/BRIEF by plaintiff Emily Simonsen, defendant Allstate Insurance in support of motion to compel documents requested in pla's 21st set of disc requests [299-1], of motion for expedited briefing schedule [299-2], of motion for attorney fees [299-3], of motion for other sanctions [299-4] (crm) (Entered: 11/14/2003) 300 ORDER by Judge Donald W. Molloy. IT IS HEREBY ORDERED that Pla's Motion for a cont of the final pretrial conf and the Trial is GRANTED. The final pretrial conf will be held in Missoula on 3/12/04 and Trial on 3/22/04 in Butte, MT. This date WILL NOT BE CONTINUED. 2. The Court will NOT entertain any further motions re discovery. The outstanding depositionof Christine Sullivan shall occur at the earliest convenience to the parties. If either party inhibits IN ANY FASHION the completion of remaining depos, that party shall be sanctioned severely and 3. Pla October 22 motion for sanctions is DENIED and denying motion for contempt, sanctions, atty fees & costs & default jgmt against Allstate [285-1], granting motion to continue Atty Pretrl conf, final pretrl conf and trial [285-2], granting motion for order for shortened brfing sched and request for hearing [285-3] ; Pretrial order ddl 11/14/03 is VACATED ; final pretrial conference REset for 3/12/04 ; jury trial REset for 3/22/04. (cc: all counsel) (ELL) (Entered: 11/17/2003) 301 MOTION by defendant Allstate Insurance for hearing on pla's mtn to compel [279-1] Red file to L/C Elena (crm) (Entered: 11/17/2003) 302 MOTION by defendant Allstate Insurance to strike portions of pla rply breif in re rule 37 mtn to compel [289-1] red file to L/C Elena (crm) (Entered: 11/17/2003) 303 ORDERED that Defendant Allstate shall file a response to Plaintiff's motion to compel, filed November 14, 2003, by November 21,2003. Failure to do so will subject Plaintiff's motion to summary ruling by Judge Donald W. Molloy (cc faxed to atty Corbitt, Anderson, Cockrell on 11/18/03. cc to all counsel 11/19/03) (crm) (Entered: 11/19/2003) 304 RESPONSE by defendant Allstate Insurance to motion to compel documents requested in pla's 21st set of disc requests [299-1] (ELL) (Entered: 11/21/2003) REMARK - mailed COPY of document #304 to Clerk's Office in Missoula for Review by Chambers. (ELL) (Entered: 11/21/2003) 305 MOTION by defendant Allstate Insurance for reconsideration of the Court's 9/11/03 Order (ELL) Modified on 11/25/2003 (Entered: 11/25/2003)

11/14/2003

11/14/2003

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306 OBJECTIONS by defendant Allstate Insurance to [255-1] Judge Anderson's 9/11/03 Order. (ELL) (Entered: 11/25/2003) 307 AFFIDAVIT of Linda B. Leslie (ELL) (Entered: 11/25/2003) REMARK - Mailed COPIES of document #305, 306 and 307 to Clerk's Office in Missoula for Review by Chambers. (ELL) Modified on 11/25/2003 (Entered: 11/25/2003) REMARK - BEGIN VOLUME 13 WITH DOCUMENT #308 ************** (ELL) (Entered: 11/25/2003) 308 REPLY by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to response to motion to compel documents requested in pla's 21st set of disc requests [299-1]. (ELL) (Entered: 11/25/2003) REMARK - Mailed COPY of document #308 to Clerk's Office in Missoula for Review by Chambers. (ELL) (Entered: 11/25/2003) 309 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to Allstates Rule 72 Obj to and motion for reconsideration of the Court's 9/11/03 Order [305-1] (ELL) (Entered: 12/01/2003) REMARK - Mailed COPY of #309 to Clerk's Office in Missoula for Review by Chambers. (ELL) (Entered: 12/01/2003) 310 AFFIDAVIT of LYNN CIRRINCIONE (crm) (Entered: 12/02/2003) 311 AFFIDAVIT of KELLIE WALTER (crm) (Entered: 12/02/2003) 312 ORDER by Judge Donald W. Molloy. IT IS ORDERED that pla motion to compel (docket #299) is DENIED and denying memorandum [299-1], denying motion to compel documents requested in pla's 21st set of disc requests [299-1], denying motion for expedited briefing schedule [299-2], denying motion for attorney fees [299-3], denying motion for other sanctions [299-4] (cc: all counsel) (ELL) Modified on 12/12/2003 (Entered: 12/04/2003) 313 ORDER by Judge Donald W. Molloy. IT IS ORDERED that Allstates obj to Judge Andersons imposition of sanctions is DENIED and Allstate is directed to comply. Allstate's motion for Consideration is likewise DENIED and denying objection [306-1] denying motion for reconsideration of the Court's 9/11/03 Order [305-1] (cc: all counsel) (ELL) Modified on 12/12/2003 (Entered: 12/04/2003) FILE DELIVERED to c/c in Great Falls by cert mail #7002 2030 0000 8022 1717, #7002 2030 0000 8022 1724, #7002 2003 0000 8022 1731, #7002 2030 0000 8022 1748 (13 volumes & 2 brown expandos) (crm) (Entered: 12/10/2003) RECEIVED 13 files from C/C Butte [3 boxes]; delivered to Judge Ostby (REW) (Entered: 12/11/2003) 314 CERTIFIED COPY of Appellate Court Order: This petition for a writ of mandamus raises issues that warrant a response. Accordingly, within 14 days of the filling date of the order, the real party in interest shall file a response. The district court may file a response if it so desires. Petitioner may file a areply within 5 days of services of the response. The petition, response and any reply shall be referred to the next available motions panel. (ELL) (Entered: 12/15/2003)

11/25/2003 11/25/2003

11/25/2003 11/26/2003

12/01/2003 12/02/2003 12/02/2003 12/03/2003

12/03/2003

12/10/2003

12/11/2003 12/15/2003

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REMARK - Mailed document #314 to Clerk's Office in Great Falls for placement in the file. (copy faxed to Judge Molloy in Missoula) (ELL) Modified on 12/15/2003 (Entered: 12/15/2003) NOTIFICATION by Circuit Court of Appellate Docket Number 03-74279 (REW) (Entered: 12/17/2003) 315 AMENDED NOTICE OF DEPOSITION by plaintiff Emily Simonsen, plaintiff Tony L Simonsen of taking deposition of CHRISTINE SULLIVAN on 2/4/04 at 10:00 in Butte, Mt. (crm) (Entered: 12/29/2003) 316 AMENDED NOTICE OF DEPOSITION by plaintiff Emily Simonsen, plaintiff Tony L Simonsen of taking deposition of ALLSTATE INSURANCE COMPANY on 02/05/03 at 9:00am in Butte, Mt. (crm) (Entered: 12/29/2003) 317 COPY of Appellate Court Order: Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. Accordingly, the petition is DENIED. Appeal #03-74279. (ELL) (Entered: 01/26/2004) REMARK - Mailed document #317 to clerk's Office in Great Falls as file is there. (ELL) (Entered: 01/26/2004) 318 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to Dft Allstate Ins Co request for emergency ruling re the 2/4/04 deposition of Christine Sullivan. (ELL) (Entered: 02/04/2004) 319 AFFIDAVIT of C. Richard Anderson re [318-1] in support of pla resp to dft request for emergency ruling re 2/4/04 depo of Christine Sullivan. (ELL) (Entered: 02/04/2004) REMARK - Mailed document #318 and 319 to Clerk's Office in Great Falls for placement in the file. Copies faxed to Chambers in Missoula. (ELL) (Entered: 02/04/2004) 320 MOTION by defendant Allstate Insurance for order for expedited ruling on its 8th motion for protective order (ELL) (Entered: 02/05/2004) 321 MOTION by defendant Allstate Insurance for order for emergency ruling regarding 2/5/04 deposition of Christine Sullivan (ELL) (Entered: 02/05/2004) REMARK - FAXED and Mailed COPY of document 320 and 321 to Clerk's office in Missoula for review by chambers. (ELL) (Entered: 02/05/2004) REMARK - Mailed Document #321 and 320 to Clerk's Office in Great Falls as file is there. (ELL) (Entered: 02/05/2004) 322 AFFIDAVIT of Michael J. McKeon re [318-1] in support of pla's response to dft Allstate's request for emergency ruling re 2/4/04 deposition of Christin Sullivan. (ELL) (Entered: 02/06/2004) REMARK - Mailed document #322 to Clerk's Office in Great Falls for placement in the file. Mailed COPY of 322 to Clerk's Ofc in Msla for Review by Chambers (Faxed also). (ELL) (Entered: 02/06/2004)

12/17/2003 12/24/2003

12/24/2003

01/26/2004

01/26/2004 02/04/2004

02/04/2004

02/04/2004

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323 MOTION by plaintiff Emily Simonsen for sanctions costs and attorney fees (ELL) (Entered: 02/10/2004) 324 MEMORANDUM/BRIEF by plaintiff Emily Simonsen, defendant John Does in support of motion for sanctions costs and attorney fees [323-1] (ELL) (Entered: 02/10/2004) 325 NOTICE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen of Certificate of Compliance in support of Pla Rule 37 Motion for Sanctions (#323) (ELL) (Entered: 02/10/2004) REMARK - Mailed Document #323,324 and 325 to Clerk's Ofc in GF for placement in the file. Copies to Missoula Clerk's Office for Review by Chambers. (ELL) (Entered: 02/10/2004) Thirteen files (13) and 2 Brown Expandos DELIVERED to C/C Butte for Per Inst from CSO Chambers by Cert Mail (REW) (Entered: 02/12/2004) 326 NOTICE RE UNAVAILABILITY OF TRANSCRIPTS FOR DEPOSITIONS OF CHRISTINE SULLIVAN AND ALLSTATE INSURANCE CO re[323-1] by defendant Allstate Insurance (crm) (Entered: 02/13/2004) RECEIVED Clerk's record in (13) vol and Orig State files and (2) black 3 ring binders (crm) (Entered: 02/13/2004) 327 ORDER by Judge Donald W. Molloy denying motion for order for expedited ruling on its 8th motion for protective order [320-1]. IT IS ORDERED that Dft's motion for protective Order is DENIED. IT IS FURTHER ORDERED that within 15 days of the making of this Order, Plaintiffs shall submit a proposed statement of facts that Pla had intended to garner from Sullivan's deposition. These facts will be read to the jury in lieu of Sullivan's testimony. Allstate will not be allowed to call Sullivan as a witness at trial, nor wil it be allowed to comment on the testimony in opening statement or closing argument. Pla's cnsl also submit an afdt of fees and expenses associated with Allstate's failure to appear at the noticed deposition. (cc: all counsel) (ELL) Modified on 02/23/2004 (Entered: 02/17/2004) 328 MOTION by defendant Allstate Insurance for reconsideration of court's 2/13/04 order re[327-1]. Red file to L/C Elena (crm) (Entered: 02/23/2004) 328 MEMORANDUM/BRIEF by defendant Allstate Insurance in support of motion for reconsideration of court's 2/13/04 order [328-1] (crm) (Entered: 02/23/2004) 329 AFFIDAVIT of DALE R. COCKRELL re [328-1] (crm) (Entered: 02/23/2004) 330 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to motion for reconsideration of court's 2/13/04 order [328-1] (crm) (Entered: 02/23/2004) 331 SUPPLEMENTAL BRIEF by plaintiff Emily Simonsen, plaintiff Tony L Simonsen in Response to Dft Allstate's Motion to Reconsider the Court's 2/13/04 Order. (ELL) (Entered: 02/25/2004) REMARK - Mailed COPY of document #331 to Clerk's Office in Missoula for Review by Chambers. (ELL) (Entered: 02/25/2004) 332 PROPOSED TESTIMONY OF CHRISTINE SULLIVAN re[327-1] by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (crm) (Entered: 02/26/2004)

02/10/2004

02/10/2004

02/12/2004 02/12/2004

02/13/2004 02/13/2004

02/23/2004 02/23/2004 02/23/2004 02/23/2004 02/25/2004

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02/27/2004

333 AFFIDAVIT of Michael J. Mckeon pursuant to Court's 2/23/04 Order, in support of request for atty fees & costs as a result of the necessity of having to respond to dft Allstate's Motion for 8th Protective Order and Request for Emergency Ruling re 2/5/04 depositoin of Christine Sullivan. (ELL) (Entered: 02/27/2004) REMARK - FAXED and Mailed COPY of Document #333 to Clerk's Office in Missoula for Review by Chambers. (ELL) (Entered: 02/27/2004) 334 RESPONSE by defendant Allstate Insurance to motion for sanctions costs and attorney fees [323-1] (crm) (Entered: 03/03/2004) 334 MOTION by defendant Allstate Insurance for hearing on mtn for sanctions [323-1] (crm) (Entered: 03/03/2004) 335 MOTION by defendant Allstate Insurance for all proceedings to conducted on the record Red file to L/C Elena (crm) (Entered: 03/04/2004) 336 REPLY by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to response to motion for sanctions costs and attorney fees [323-1] file delivered to: DWM (crm) (Entered: 03/04/2004) 336 RESPONSE by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to motion for hearing on mtn for sanctions [323-1] [334-1] (crm) (Entered: 03/04/2004) 337 MOTION by intervenor defendant Computer Sciences for attorney JEFF A. McDANIEL to appear pro hac vice Red file to L/C Elena (Doc actually filed 3/3/04) (crm) Modified on 03/05/2004 (Entered: 03/05/2004) PROPOSED ORDER re[337-1] submitted by intervenor defendant Computer Sciences (crm) (Entered: 03/05/2004) 338 MOTION by intervenor defendant Computer Sciences for attorney ADAM A. BERRY to appear pro hac vice Red file to L/C Elena (doc actually file 03/03/04) (crm) (Entered: 03/05/2004) REMARK check for phv mtn [337-1] and [338-1] retained in Butte Clerks office (crm) (Entered: 03/05/2004) PROPOSED ORDER re[338-1] submitted by intervenor defendant Computer Sciences (crm) (Entered: 03/05/2004) 339 NOTICE OF INTENT TO USE CD-ROM AND DVD by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (crm) (Entered: 03/08/2004) 340 PLAINTIFFS PROPSED JURY INSTRUCTIONS AND SPECIAL VERDICT FORM WITH PLAINTIFFS' WRITTEN STATEMENT RE DISAGREEMENT AS TO VERDICT FORM submitted by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (crm) (Entered: 03/08/2004) 341 PLAINTIFFS' PROPOSED JURY INSTRUCTIONS (WORKING COPY AND CLEAN COPY) submitted by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (crm) (Entered: 03/08/2004) 342 JOINT PROPOSED JURY INSTRUCTIONS (WORKING COPY) submitted by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (crm) (Entered: 03/08/2004)

02/27/2004 03/01/2004 03/01/2004 03/04/2004 03/04/2004

03/04/2004 03/04/2004

03/04/2004 03/04/2004

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343 TRIAL briefs submitted by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (crm) (Entered: 03/08/2004) 344 NOTICE OF LODGING PROPOSED FINAL PRETRIAL ORDER WITH THE COURT by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (crm) (Entered: 03/08/2004) PROPOSED FINAL PRETRIAL ORDER submitted by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (crm) (Entered: 03/08/2004) REMARK (4) disks from pla accompaning 3/5/04 filings [339-1] thru [344-1] (crm) (Entered: 03/08/2004) 345 MOTION by defendant Allstate Insurance for leave to file motion in limine after deadline or in the alternative, notice of advance filing of evidentiary briefs for trial. Red file to L/C Elena (crm) (Entered: 03/09/2004) 346 CERTIFICATE OF COMPLIANCE IN SUPPORT BY DALE COCKRELL re [345-1], which is deft mtn to file mtn in limine (crm) (Entered: 03/09/2004) 347 CERTIFICATE OF SERVICE BY DALE R. COCKRELL re [346-1], which is deft mtn for leave to file mtn in limine (crm) (Entered: 03/09/2004) LODGED (34) PROPOSED MOTIONS IN LIMINE submitted by defendant Allstate Insurance (crm) (Entered: 03/09/2004) 348 REPLY by defendant Allstate Insurance to response to motion for reconsideration of court's 2/13/04 order [328-1] file delivered to: DWM (crm) (Entered: 03/09/2004) 349 ORDER by Judge Donald W. Molloy granting motion for attorney JEFF A. McDANIEL to appear pro hac vice [337-1] (cc: all counsel) (ELL) (Entered: 03/11/2004) 350 ORDER by Judge Donald W. Molloy granting motion for attorney ADAM A. BERRY to appear pro hac vice [338-1] (cc: all counsel) (ELL) (Entered: 03/11/2004) 351 ORDER by Judge Donald W. Molloy ; final pretrial conference set for 9:00 3/12/04 (cc: all counsel) (crm) (Entered: 03/11/2004) 352 MINUTES:FINAL PRE-TRIAL CONFERENCE regarding [345-1] ; final pretrial conference held on 3/12/04 before Judge Donald W. Molloy; present for plaintiffs Mick McKeon, Richard Anderson; for defendants Dale Cockrell, Ron Getchey; for intervenor Scot Corbitt; trial time 8 days; 4 days for plaintiff; 4 days for dft/intv; 30 min opening; 45 min closing; seat 14 jurors; 8 jurors to try case; Judge will do voir dire; no counsel voir dire; general trial rules reviewed; Plainitff's and Defendant's filed motions to file motions are denied; Plaintiff's 35 motions, filed untimely are not to be filed but lodged and placed on left side of file; exhibits admitted; Judge executes fpto; parties to use doar system and provide clerk w/exhibits clearly marked in accordian file; intervenor to participate in trial by observing; C/R: Daina Hodges (MCN) (Entered: 03/12/2004) 353 PRE-TRIAL ORDER approved by Judge Donald W. Molloy . : Voir Dire 30: Trial Days # 8 (cc: all counsel) (MCN) (Entered: 03/12/2004) 354 NOTICE OF MOTIONS IN LIMINE OR IN THE ALTERNATIVE EVIDENTIARY BRIEF re[345-1] by defendant Allstate Insurance (actually filed 5/5/04) (crm)

03/05/2004 03/05/2004 03/05/2004

03/05/2004 03/05/2004 03/05/2004 03/08/2004 03/09/2004

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(Entered: 03/15/2004) 03/12/2004 355 AFFIDAVIT of RONALD GETCHEY IN SUPPORT OF DEFT MOTIONS IN LIMINE OR IN THE ALTERNATIEVE EVIDENTIARY BRIEFS re [345-1] (Doc actually filed 3/5/04) (crm) (Entered: 03/15/2004) 356 MOTION by defendant Allstate Insurance for leave to file motion in limine after deadling or in the alternative notice of advance filing of evidentiary briefs for trial. (crm) (Entered: 03/15/2004) PROPOSED MOTIONS IN LIMINE (#19 & #20) submitted by defendant Allstate Insurance. (placed in brown expando w/other prop mtn inlimine) (crm) (Entered: 03/24/2004) 357 SUPPLEMENTAL PROPOSED JURY INSTRUCTIONS submitted by defendant Allstate Insurance (ELL) (Entered: 03/16/2004) 358 Plaintiff's SUPPLEMENTAL DESIGNATION OF EXCERPTS FROM CHRISTINE SULLIVAN'S DEPOSITION TAKEN 2/5/ AND 6, 2004 TO BE USED AT TRIAL by plaintiff Emily Simonsen, plaintiff Tony L Simonsen (ELL) (Entered: 03/16/2004) REMARK - Mailed COPY of document #358 to Clerk's Office in Missoula for Review by Chambers. (ELL) (Entered: 03/16/2004) 359 COPY of Transcript Designation and Ordering Form for Angela Smith/NOTICE (ELL) (Entered: 03/19/2004) 360 ORDER by Judge Donald W. Molloy. IT IS ORDERED that trl sched for 3/22/04 is VACATED. Trl is resched for 6i/7/04 at 8:15 am at BUTTE, MT. IT IS FURTHER ORDERED that this matter is referred to USMJ Leif B. Erickson for the limited purpose of conducting a formal settlement conf. Arrangements and sched of conf will be set by Order of Judge Erickson and ; jury trial set for 8:15 6/7/04 , and Case referred to Mag Judge Leif B. Erickson (cc: all counsel) (ELL) (Entered: 03/19/2004) 361 ORDER by Judge Donald W. Molloy. IT IS ORDERED that this case is set for Settlement Conference before Judge Erickson on 4/16/04 at 9:30 am in the Russell Smith Fedl Courthouse in MISSOULA, MT. and ; settlement conference set for 9:30 4/16/04 (cc: all counsel) (ELL) (Entered: 03/19/2004) 362 MOTION AND BRIEF IN SUPPORT by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to compel Allstate's Defense Counsel to Deliver Original Depos taken and paid for by Pla and certificate of compliance. (ELL) (Entered: 03/25/2004) REMARK Mailed COPY of #362 to Clerk's Office in Missoula for Review by Chambers. (ELL) Modified on 03/25/2004 (Entered: 03/25/2004) FILING FEE PAID: on 3/3/04 in the amount of $ 200.00, receipt # 30294. PHV for attys JEFF A. MCDANIEL re[349-1], ADAM A. BERRY re[350-1] (crm) (Entered: 03/26/2004) 363 ORDER by Judge Donald W. Molloy denying motion in limine re pla's Notic of Intent to Introduce Colossus Demonstration Deposition [205-1], denying motion in limine regarding dft's expert witnesses [203-1], granting motion in limine to prevent Allstate from presenting evidence of facts or law not in existence at time of handling of underlying claim [202-1] (cc: all counsel) (crm) (Entered: 03/29/2004)

03/12/2004

03/12/2004

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03/16/2004 03/17/2004 03/17/2004

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365 TRANSCRIPT filed of Final Pre-Trial conference held in Msla, MT on 3/12/04. Original held separately. (ELL) (Entered: 04/08/2004) 364 RESPONSE by defendant Allstate Insurance to motion to compel Allstate's Defense Counsel to Deliver Original Depos taken and paid for by Pla and certificate of compliance. [362-1] (crm) (Entered: 04/07/2004) 364 MOTION by defendant Allstate Insurance for sanctions re pla mtn to compel [362-1]. Cpy to L/C Elena (crm) (Entered: 04/07/2004) 366 REPLY by plaintiff Emily Simonsen, plaintiff Tony L Simonsen to response to motion to compel Allstate's Defense Counsel to Deliver Original Depos taken and paid for by Pla and certificate of compliance. [362-1] file delivered to: DWM (crm) (Entered: 04/15/2004) 367 ORDER by Judge Donald W. Molloy granting motion to compel Allstate's Defense Counsel to Deliver Original Depos taken and paid for by Pla and certificate of compliance. [362-1] IT IS ORDERED: that, pursuant to the stipulation of record entered in the 9/8/03, depo of RICHARD J. VAVRA cnsl for Allstate shall retain the orig depos up to the point the court orders them filed in this case. upon completion of all proceedings, including appeal, pursuant to Fed.R.Civ.Pro. 30(f)(1), the depos shall be delivered to pla, as the parties ordering the depos. IT IS FURTHUR ORDERED that the court reporter shall, upon the request of Defendants and upon payment of the court reporter fees, make original duplicates to be delivered to Defendants. (cc: all counsel) (crm) (Entered: 04/23/2004) FILE DELIVERED to c/c in Great Falls for Judge Ostby by cert mail 7002 2030 0000 8022 1243 (crm) (Entered: 05/04/2004) 368 ORDER by Judge Carolyn S. Ostby settlement conference set for 9:30 5/10/04 at the Law Firm of Crowley et al in Bozeman, MT (cc: all counsel) (REW) (Entered: 05/04/2004) RECEIVED files one and two from C/C Butte; file delivered to CSO Chambers (REW) (Entered: 05/05/2004) Files 1 and 2 DELIVERED to c/c Butte; CASE HAS SETTLED (REW) (Entered: 05/11/2004) RECEIVED Clerks record (vol #1 & #2) (crm) (Entered: 05/12/2004) 369 ORDER by Judge Donald W. Molloy. IT IS ORDERED that within 30 day sof the date of this Order, the parties shall file a stipulation to dism together with a proposed Order dism the case. IT IS FURTHER ORDERED that all ddls are VACATED and any pending motions are DENIED as MOOT and finding the motion for sanctions [364-1] moot., finding the motion for sanctions costs and attorney fees [323-1] moot., finding the motion for order for emergency ruling regarding 2/5/04 deposition of Christine Sullivan [321-1] moot. ; settlement conference held on 5/20/04 ; Jury trial VACATED 5/20/04 , and ; case management ddl set for 6/21/04 (cc: all counsel) (ELL) (Entered: 05/21/2004) 370 STIPULATION BY ALL that the above-captioned Complaint and Amended Complaint, and action has been fully and finally compromised and settled upon the merits, and counsel requests the Court's Order dismissing the above-captioned action with prejudice, each party to bear its own costs and fees. (crm) (Entered: 05/27/2004)

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371 ORDER by Judge Donald W. Molloy terminating case IT IS HEREBY ORDERED that the above captioned cause is DISMISSED WITH PREJUDICE, each party to pay its own costs. All pending motions are MOOT and all ddl are VACATED. This court retains no jurisdiction over any aspect of this case (cc: Cockrell, Getchey, McKeon, Corbitt Berry, McDaniel ) (crm) (Entered: 06/17/2004) ARCHIVE CASE INFORMATION FROM FRC DENVER, CO, volumes 1 thru 4 , 387025 thru 387080 FRC Location Number, 14 of 56 Box Number, 021 07 0123 FRC Accession Number (CRM, ) Modified on 12/4/2007 (CRM, ). (Entered: 12/04/2007) ARCHIVE CASE INFORMATION FROM FRC DENVER, CO, volumes 5 thru 11, 387025 thru 387080 FRC Location Number, 15 of 56 Box Number, 021 07 0123 FRC Accession Number (CRM, ) (Entered: 12/04/2007) ARCHIVE CASE INFORMATION FROM FRC DENVER, CO, volumes 12 thru 16 and 1 expando, 387025 thru 387080 FRC Location Number, 16 of 56 Box Number, 021 07 0123 FRC Accession Number (CRM, ) (Entered: 12/04/2007)

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