NEWMONT USA LIMITED Et Al v. INSURANCE COMPANY OF NORTH AMERICA Docket

CM/ECF - U.S. District Court:cod https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?5891314004625...
NDISPO, STAYED, TERMED
U.S. District Court

District of Colorado (Denver)
CIVIL DOCKET FOR CASE #: 1:06-cv-01178-ZLW -BNB
Newmont USA Limited et al v. Insurance Company of North Date Filed: 06/20/2006

America Date Terminated: 09/19/2008
Assigned to: Judge Zita L. Weinshienk Jury Demand: Both
Referred to: Magistrate Judge Boyd N. Boland Nature of Suit: 110 Insurance
Case in other court: USCA, 08-01347 Jurisdiction: Diversity
USCA, 08-01370
Denver District Court, 06CV6031
Cause: 28:1332 Diversity-Insurance Contract
Plaintiff
Newmont USA Limited represented by Mark A. Lopeman
(Actually named as: Newmont U.S.A., Tofel & Partners, LLP
Limited) 730 Third Avenue
formerly known as New York, NY 10017
Newmont Mining Corporation 212-752-0007
Fax: 212-752-8881
Email: mlopeman@tofellaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Nathan Michael Longenecker

Kinross Gold USA
5370 Kiezke Lane
#102
Reno, NV 89511
775-829-1000
Fax: 775-829-1666
Email: longenecker@twhlaw.com
TERMINATED: 10/06/2010
LEAD ATTORNEY
Robert L. Tofel
Tofel & Partners, LLP
730 Third Avenue
New York, NY 10017
212-752-0007
Fax: 212-752-8881
1 of 17 2/8/11 4:08 PM
LEAD ATTORNEY
Mark A. Wielga
Temkin Wielga Hardt & Longenecker,
L.L.P
1900 Wazee Street
#303
Denver, CO 80202
303-292-4922
Fax: 292-4921
Email: wielga@twhlaw.com
Plaintiff
N.I. Limited represented by Mark A. Lopeman
(See above for address)
LEAD ATTORNEY

LEAD ATTORNEY
Robert L. Tofel
LEAD ATTORNEY
Mark A. Wielga
V.
Defendant
Insurance Company of North represented by Andrew David Ringel
America Hall & Evans, LLC-Denver
1125 17th Street
#600
Denver, CO 80202-2052
303-628-3300
Fax: 303-293-3238
2 of 17 2/8/11 4:08 PM
Email: ringela@hallevans.com
LEAD ATTORNEY
Lloyd A. Gura
Mound Cotton Wollan & Greengrass
One Battery Park Plaza
New York, NY 10004-1486
212-804-4282
Fax: 212-344-8066
LEAD ATTORNEY
Matthew J. Lasky
Mound Cotton Wollan & Greengrass
One Battery Park Plaza
New York, NY 10004-1486
212-804-4218
Fax: 212-344-8066
Email: Mlasky@moundcotton.com
LEAD ATTORNEY
Defendant
Ed (I) Tauer
Indivually
Defendant
Bernie (I) Zimmer
Indivually
Defendant
Randy (I) Pye
Indivually
Counter Claimant
Insurance Company of North represented by Andrew David Ringel
America (See above for address)
LEAD ATTORNEY
Lloyd A. Gura
LEAD ATTORNEY
3 of 17 2/8/11 4:08 PM
Matthew J. Lasky
LEAD ATTORNEY
V.
Counter Defendant
Newmont USA Limited represented by Mark A. Lopeman
(Actually named as: Newmont U.S.A., (See above for address)
Limited) LEAD ATTORNEY

LEAD ATTORNEY
Robert L. Tofel
LEAD ATTORNEY
Mark A. Wielga
Counter Defendant
N.I. Limited represented by Mark A. Lopeman
LEAD ATTORNEY

LEAD ATTORNEY
Robert L. Tofel
LEAD ATTORNEY
4 of 17 2/8/11 4:08 PM
Mark A. Wielga
Date Filed # Docket Text

06/20/2006 1 NOTICE OF REMOVAL from Denver District Court, Case Number
06CV6031. ( Filing fee $ 350 Receipt Number 269096), filed by Insurance
Company of North America. (Attachments: # 1 Exhibit A - Reinsurance
Agreement# 2 Exhibit B - State Court Complaint and Summons# 3 Exhibit C -
State Court Notice of Filing of Notice of Removal# 4 Civil Cover Sheet # 5
Supplemental Civil Cover Sheet # 6 Receipt)(gms, ) (Entered: 06/20/2006)
06/20/2006 2 COMPLAINT and Jury Demand against Insurance Company of North America
, filed by Newmont USA Limited, N.I. Limited. Text only entry - no document
attached.(gms, ) (Entered: 06/20/2006)
06/20/2006 3 Defendant's ANSWER to Complaint with Jury Demand, COUNTERCLAIM
against Newmont USA Limited, N.I. Limited by Insurance Company of North
America.(Ringel, Andrew) (Entered: 06/20/2006)
06/29/2006 4 Reply ANSWER to Counterclaim by Newmont USA Limited, N.I. Limited,
Newmont USA Limited, N.I. Limited.(Longenecker, Nathan) (Entered:
06/29/2006)
07/05/2006 5 MOTION to Stay and Compel Arbitration by Counter Claimant Insurance
Company of North America, Defendant Insurance Company of North America.
(Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5
Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Ringel,
Andrew) (Entered: 07/05/2006)
07/07/2006 6 MINUTE ORDER 5 Insurance Company of North America's MOTION to Stay
and Compel Arbitration, will be considered when Defendant/Counterclaimant
has complied with LR 7.1A. Entered by Judge Zita L. Weinshienk on 7/6/06.
(pap, ) (Entered: 07/07/2006)
07/07/2006 7 ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland by Judge
Weinshienk. (pap, ) (Entered: 07/07/2006)
07/07/2006 8 CERTIFICATE OF COMPLIANCE Concerning Motion to Stay and Compel
Arbitration re 6 Order, 5 MOTION to Stay and Compel Arbitration by Counter
Claimant Insurance Company of North America, Defendant Insurance
Company of North America. (Ringel, Andrew) (Entered: 07/07/2006)
07/13/2006 9 NOTICE of Entry of Appearance by Matthew J. Lasky on behalf of Insurance
Company of North America, Insurance Company of North America (Lasky,
Matthew) (Entered: 07/13/2006)
5 of 17 2/8/11 4:08 PM
07/13/2006 10 NOTICE of Entry of Appearance by Lloyd A. Gura by Matthew J. Lasky on

behalf of Insurance Company of North America, Insurance Company of North
America (Lasky, Matthew) (Entered: 07/13/2006)
07/14/2006 11 ORDER Scheduling Conference set for 8/23/2006 01:30 PM in Courtroom A
401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge
Boyd N. Boland on 7/14/06. (pap, ) (Entered: 07/14/2006)
07/17/2006 12 BRIEF in Opposition re 5 MOTION to Stay and Compel Arbitration and Cross
Motion for Determination of Court's Authority to Adjudicate Plaintiffs' Claims
and to Stay Arbitration filed by Counter Defendants Newmont USA Limited,
N.I. Limited, Plaintiffs Newmont USA Limited, N.I. Limited. (Attachments: #
1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3)(Longenecker,
Nathan) (Entered: 07/17/2006)
07/17/2006 13 MOTION for Hearing/Conference and Expedited Consideration of Defendant's
Motion to Stay and Compel Arbitration and Plaintiffs' Cross Motions by
Counter Defendants Newmont USA Limited, N.I. Limited, Plaintiffs Newmont
USA Limited, N.I. Limited. (Longenecker, Nathan) (Entered: 07/17/2006)
07/17/2006 14 NOTICE of Entry of Appearance of Robert L. Tofel by Nathan Michael
Longenecker on behalf of Newmont USA Limited, N.I. Limited, Newmont
USA Limited, N.I. Limited (Longenecker, Nathan) (Entered: 07/17/2006)
07/17/2006 15 NOTICE of Entry of Appearance of Mark A. Lopeman by Nathan Michael
Longenecker on behalf of Newmont USA Limited, N.I. Limited, Newmont
USA Limited, N.I. Limited (Longenecker, Nathan) (Entered: 07/17/2006)
07/18/2006 16 MINUTE ORDER: 13 MOTION for Hearing/Conference and Expedited
Consideration of Defendant's Motion to Stay and Compel Arbitration and
Plaintiffs' Cross Motions is granted. 5 MOTION to Stay and Compel
Arbitration and Plas' Cross Motion for Determination of Court's Authority to
Adjudicate Plaintiffs' Claims and to Stay Arbitration (Doc. No. 12) [Brief in
Opposition] are set for hearing 7/25/06 at 2:00 p.m., Courtroom A801 by Judge
Zita L. Weinshienk on 7/18/06. (dln, ) (Entered: 07/18/2006)
07/24/2006 17 REPLY to Response to Motion re 5 MOTION to Stay and Compel Arbitration
filed by Counter Claimant Insurance Company of North America, Defendant
Insurance Company of North America. (Ringel, Andrew) (Entered:
07/24/2006)
07/25/2006 18 Minute Entry for proceedings held before Judge Zita L. Weinshienk : Motion
Hearing held on 7/25/2006 re 5 MOTION to Stay and Compel Arbitration, 13
MOTION for Hearing/Conference and Expedited Consideration of Defendant's
Motion to Stay and Compel Arbitration and Plaintiffs' Cross Motions.
Plaintiffs' reply brief is due by 8/3/06, Defendant's sur-reply brief is due by
8/11/06.(Court Reporter Kara Spitler.) (pap, ) (Entered: 07/28/2006)
6 of 17 2/8/11 4:08 PM
08/03/2006 19 Unopposed MOTION to Vacate 11 Order, Set Deadlines/Hearings and

Scheduling Conference by Counter Claimant Insurance Company of North
America, Defendant Insurance Company of North America. (Ringel, Andrew)
(Entered: 08/03/2006)
08/03/2006 20 MEMORANDUM referring to Magistrate Judge Boland : 19 Unopposed
MOTION to Vacate 11 Order, Set Deadlines/Hearings and Scheduling
Conference filed by Insurance Company of North America, by Judge Zita L.
Weinshienk on 8/3/06. (Text Only Entry - No Document Attached)(pap2, )
(Entered: 08/03/2006)
08/03/2006 21 BRIEF in Opposition re 5 MOTION to Stay and Compel Arbitration filed by
Counter Defendants Newmont USA Limited, N.I. Limited, Plaintiffs Newmont
USA Limited, N.I. Limited. (Attachments: # 1 Exhibit 1)(Longenecker,
08/03/2006 22 BRIEF in Opposition re 5 MOTION to Stay and Compel Arbitration (refile of
Dkt 21 - pdf missing) filed by Counter Defendants Newmont USA Limited,
N.I. Limited, Plaintiffs Newmont USA Limited, N.I. Limited. (Longenecker,
08/03/2006 23 BRIEF in Opposition re 5 MOTION to Stay and Compel Arbitration (replaces
Dks 21 and 22 - each with missing pdfs) filed by Counter Defendants Newmont
USA Limited, N.I. Limited, Plaintiffs Newmont USA Limited, N.I. Limited.
(Attachments: # 1 Exhibit 1)(Longenecker, Nathan) (Entered: 08/03/2006)
08/04/2006 24 ORDER Granting in part 19 Defendant and Counterclaimant's Unopposed
MOTION to Vacate 11 Scheduling Conference and Related Deadlines.
Scheduling Conference is reset to 10/27/06 at 8:30 a.m. in Courtroom 401.
Signed by Magistrate Judge Boyd N. Boland on 8/4/06. (pap, ) (Entered:
08/04/2006)
08/04/2006 25 Utility Resetting Hearing: Pursuant to 24 Order, Scheduling Conference is
RESET for 10/27/2006 08:30 AM in Courtroom A 401 before Magistrate
Judge Boyd N. Boland. Text Only Entry - No Document Attached (pap, )
(Modified on 8/4/2006 to add "Text Only" statement) (pap, ). (Entered:
08/04/2006)
08/11/2006 26 SURREPLY re 5 MOTION to Stay and Compel Arbitration filed by Counter
Claimant Insurance Company of North America, Defendant Insurance
Company of North America. (Attachments: # 1 Exhibit J - Mulder v.
Lundberg# 2 Exhibit K - Travelers v. Guaranty Bank)(Dale, Gillian) (Entered:
08/11/2006)
08/14/2006 27 Unopposed MOTION for Leave to File Brief Addressing Arguments Newly
Raised in INA's Sur-Reply by Counter Defendants Newmont USA Limited, N.I.
Limited, Plaintiffs Newmont USA Limited, N.I. Limited. (Attachments: # 1
Exhibit A)(Longenecker, Nathan) (Entered: 08/14/2006)
7 of 17 2/8/11 4:08 PM
08/21/2006 28 MINUTE ORDER Granting 27 Plaintiff Newmont's Unopposed MOTION for

Leave to File Brief Addressing Arguments Newly Raised in INA's Sur-Reply.
Newmont's Supplemental brief is due on or before 8/25/06. Entered by Judge
Zita L. Weinshienk on 8/18/06. (pap, ) (Entered: 08/21/2006)
08/25/2006 29 BRIEF (Supplemental) Addressing Issues of Newmont's Standing Raised in
INA's Sur-Reply by Counter Defendants Newmont USA Limited, N.I. Limited,
Plaintiffs Newmont USA Limited, N.I. Limited. (Attachments: # 1 Exhibit
A)(Longenecker, Nathan) (Entered: 08/25/2006)
08/29/2006 30 MOTION for Leave to File Response to Plaintiffs and Counterclaim
Defendants' Supplemental Brief by Counter Claimant Insurance Company of
North America, Defendant Insurance Company of North America.
(Attachments: # 1 Proposed Order (PDF Only) # 2 Proposed Document
Response to Supplemental Brief Addressing the Issue of Newmont's Standing)
(Ringel, Andrew) (Entered: 08/29/2006)
09/05/2006 31 MINUTE ORDER granting 30 Defendant And Counterclaimant's Motion For
Leave To File Response. The clerk shall file Defendant And Counterclaimant's
Response. Signed by Judge Zita L. Weinshienk on 09/05/06. (rlp2, ) (Entered:
09/06/2006)
09/05/2006 32 RESPONSE to 29 Brief, by Counter Claimant Insurance Company of North
America, Defendant Insurance Company of North America. Filed pursuant to
minute order of 09/05/06. (rlp2, ) (Entered: 09/06/2006)
09/21/2006 33 ORDER Granting 5 Motion to Stay and Compel Arbitration. Denying 12
Plaintiffs' Cross Motion for Determination of Court's Authority to Adjudicate
Plaintiffs' Claims and to Stay Arbitration. This action is stayed pending the
completion of arbitration. Joint Status Report is due on or before 12/1/06.
Signed by Judge Zita L. Weinshienk on 9/20/06.(pap, ) (Entered: 09/21/2006)
09/21/2006 34 Utility Setting Deadline: Pursuant to 33 Order, Joint Status Report due by
12/1/2006. Text only entry - no document attached. (pap, ) (Entered:
09/21/2006)
10/05/2006 35 Unopposed MOTION to Vacate 24 Order on Motion to Vacate, 25 Set/Reset
Deadlines and Hearings, October 27, 2006 Scheduling Conference and related
deadlines by Counter Claimant Insurance Company of North America,
Defendant Insurance Company of North America. (Attachments: # 1 Proposed
Order (PDF Only))(Ringel, Andrew) (Entered: 10/05/2006)
10/05/2006 36 MEMORANDUM regarding 35 Unopposed MOTION to Vacate 24 Order on
Motion to Vacate,October 27, 2006 Scheduling Conference and related
deadlines filed by Insurance Company of North America. Motion referred to
Magistrate Judge Boyd N. Boland by Judge Zita L. Weinshienk on 10/5/06.
(Text Only Entry - No Document Attached)(pap2, ) (Entered: 10/05/2006)
8 of 17 2/8/11 4:08 PM
10/06/2006 37 ORDER Granting 35 Defendant and Counterclaimant's Unopposed Second

Motion to Vacate Scheduling Conference and Related Deadlines. The
scheduling conference set for 10/27/06 is vacated. Signed by Magistrate Judge
Boyd N. Boland on 10/6/06.(pap, ) (Entered: 10/06/2006)
12/01/2006 38 Joint STATUS REPORT on Arbitration by Counter Defendant Newmont USA
Limited, Plaintiff Newmont USA Limited. (Longenecker, Nathan) (Entered:
12/01/2006)
12/06/2006 39 MINUTE ORDER, Setting further joint Status Report due by 4/2/2007, by
Judge Zita L. Weinshienk on 12/06/06. (jjh, ) (Entered: 12/06/2006)
03/29/2007 40 Joint STATUS REPORT on Arbitration by Counter Claimant Insurance
Company of North America, Counter Defendants Newmont USA Limited, N.I.
Limited, Plaintiffs Newmont USA Limited, N.I. Limited, Defendant Insurance
04/11/2007 41 MINUTE ORDER In consideration of the Further Joint Status Report On
Arbitration (Doc. No. 40), it is ORDERED that on or before October 1, 2007,
the parties shall file a further joint status report informing the Court of the
status of the arbitration by Judge Zita L. Weinshienk on 04/11/07. (jjh, )
(Entered: 04/11/2007)
04/11/2007 42 Utility Setting/Resetting Deadlines/Hearings: Status Report Deadline set
pursuant to Minute Order of 04/11/07. Status Report due by 10/1/2007. Text
only entry - no document attached. (jjh, ) (Entered: 04/11/2007)
Company of North America, Counter Defendants Newmont USA Limited, N.I.
Limited, Plaintiffs Newmont USA Limited, N.I. Limited, Defendant Insurance
10/03/2007 44 MINUTE ORDER In consideration of the Further Joint Status Report On
Arbitration (Doc. No. 43), it is ORDERED that on or before February 1, 2008,
the parties shall file a further joint status report informing the Court of the
status of the arbitration by Judge Zita L. Weinshienk on 10/03/07. (jjh, )
(Entered: 10/03/2007)
Company of North America, Counter Defendant N.I. Limited, Plaintiff N.I.
Limited, Defendant Insurance Company of North America. (Ringel, Andrew)
(Entered: 02/01/2008)
02/01/2008 46 Joint STATUS REPORT on ARbitration (Amended with Exhibit A-1) by
Counter Claimant Insurance Company of North America, Counter Defendants
Newmont USA Limited, N.I. Limited, Plaintiffs Newmont USA Limited, N.I.
Limited, Defendant Insurance Company of North America. (Attachments: # 1
Exhibit A-1)(Ringel, Andrew) (Entered: 02/01/2008)
9 of 17 2/8/11 4:08 PM
02/04/2008 47 Docket Annotation re: 45 Status Report, This report has been refiled with
exhibits attached at document number 46 . Text only entry - no document
attached (erv, ) (Entered: 02/04/2008)
02/19/2008 48 Unopposed MOTION for Hearing/Conference (Telephonic Status Conference)
by Counter Defendants Newmont USA Limited, N.I. Limited, Plaintiffs
Newmont USA Limited, N.I. Limited. (Longenecker, Nathan) (Entered:
02/19/2008)
02/25/2008 49 MEMORANDUM regarding 48 Unopposed MOTION for Hearing/Conference
(Telephonic Status Conference) filed by N.I. Limited, Newmont USA Limited.
Motions referred to Magistrate Judge Boyd N. Boland by Judge Zita L.
Weinshienk on 02/25/08. (Text Only Entry - No Document Attached)(jjh, )
(Entered: 02/25/2008)
02/29/2008 50 ORDER granting Plaintiffs' Unopposed 48 Motion for Telephonic Status
Conference. A Status Conference is set for 03/10/08 at 9:00 a.m. Signed by
Magistrate Judge Boyd N. Boland on 02/29/08.(jjh, ) (Entered: 02/29/2008)
02/29/2008 51 Utility Setting/Resetting Deadlines/Hearings: Teleponic Status Conference set
for 3/10/2008 09:00 AM before Magistrate Judge Boyd N. Boland. Text only
entry - no document attached. (jjh, ) (Entered: 02/29/2008)
03/05/2008 52 NOTICE Submission of Proposed Order for Final Judgment with Order for
Final Judgment and Exhibit A by Counter Defendants Newmont USA Limited,
N.I. Limited, Plaintiffs Newmont USA Limited, N.I. Limited (Longenecker,
03/10/2008 53 ORDER setting Status Conference for 4/8/2008 01:00 PM in Courtroom A 401
before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N.
Boland on 03/10/08. (jjh, ) (Entered: 03/10/2008)
03/10/2008 54 Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland.
Status Conference held on 3/10/2008.ORDERED: A Conference is set for
April 8, 2008 at 1:30 p.m.Confidential letters due on or before April 1, 2008.
(Court Reporter FTR-G.Mattei.) (bnbcd, ) (Entered: 03/10/2008)
03/10/2008 55 MINUTE ORDER resetting Status Conference for 5/15/2008 08:30 AM in
Courtroom A before Magistrate Judge Boyd N. Boland by Magistrate Judge
Boyd N. Boland on 03/10/08. (jjh, ) (Entered: 03/10/2008)
04/09/2008 56 MOTION for Judgment (Entry of Final) by Plaintiff Newmont USA Limited.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
Exhibit 5, # 6 Exhibit 6)(Longenecker, Nathan) (Entered: 04/09/2008)
04/23/2008 57 RESPONSE to Motion re 56 MOTION for Judgment (Entry of Final) filed by
Counter Claimant Insurance Company of North America, Defendant Insurance
Company of North America. (Attachments: # 1 Exh A-1, part 1 Lasky
Declaration, # 2 Exh A-1, part 2 Lasky Declaration, # 3 Exhibit A-1, part 3
10 of 17 2/8/11 4:08 PM
Lasky Declaration, # 4 Exh A-2 Blake caselaw, # 5 Exh A-3 Board of Trustees)
04/23/2008 58 MOTION for Order to Confirm Arbitration Award and Enter Judgment by
05/02/2008 59 MOTION to Vacate 55 Order, Set/Reset Hearings Conference on 5/15/08 by
05/02/2008 60 MEMORANDUM regarding 59 MOTION to Vacate 55 Order, Set/Reset
Hearings Conference on 5/15/08 filed by Insurance Company of North
America. Motions referred to Magistrate Judge Boyd N. Boland by Judge Zita
L. Weinshienk on 05/02/08. (Text Only Entry - No Document Attached)(jjh, )
(Entered: 05/02/2008)
05/02/2008 61 RESPONSE to Motion re 59 MOTION to Vacate 55 Order, Set/Reset Hearings
Conference on 5/15/08 of Plaintiffs Newmont U.S.A. Limited and N.I. Limited
filed by Plaintiff Newmont USA Limited. (Longenecker, Nathan) (Entered:
05/02/2008)
05/05/2008 62 REPLY to Response to Motion re 56 MOTION for Judgment (Entry of Final)
of Plaintiffs Newmont USA Limited and N.I. Limited filed by Plaintiff
Newmont USA Limited. (Attachments: # 1 Exhibit 7 through
13)(Longenecker, Nathan) (Entered: 05/05/2008)
05/05/2008 63 Minute ORDER denying 59 Motion to Vacate Conference with Magistrate
Judge by Magistrate Judge Boyd N. Boland on 05/05/08.(jjh, ) (Entered:
05/05/2008)
05/08/2008 64 MOTION for Leave to File Sure-Reply by Counter Claimant Insurance
(Attachments: # 1 Proposed Document - Sur-Reply in Opposition to Plaintiffs'
Motion for Entry of Final Judgment, # 2 Proposed Order (PDF Only))(Ringel,
Andrew) (Entered: 05/08/2008)
05/08/2008 65 ORDER that the conference to attempt to negotiate a resolution of the issues
necessary for the entry of a judgment set for May 15, 2008, is VACATED, to
be reset at the request of the parties. Signed by Magistrate Judge Boyd N.
Boland on 05/08/08. (jjh, ) (Entered: 05/09/2008)
05/13/2008 66 RESPONSE to Motion re 58 MOTION for Order to Confirm Arbitration
Award and Enter Judgment filed by Plaintiff Newmont USA Limited.
(Longenecker, Nathan) (Entered: 05/13/2008)
05/20/2008 67 RESPONSE to Motion re 64 MOTION for Leave to File Sure-Reply filed by
Plaintiffs Newmont USA Limited, N.I. Limited. (Longenecker, Nathan)
(Entered: 05/20/2008)
11 of 17 2/8/11 4:08 PM
06/04/2008 68 MINUTE ORDER granting over objection 64 Defendant and Counterclaimant

Insurance Company of North Americas Motion For Leave To File Sur-reply by
Judge Zita L. Weinshienk on 06/04/2008.(sah, ) (Entered: 06/05/2008)
06/05/2008 69 SURREPLY In Opposition to re 56 Plaintiff's MOTION for Judgment (Entry of
Final), filed by Counter Claimant Insurance Company of North America,
Defendant Insurance Company of North America. (sah, ) (Entered:
06/05/2008)
09/19/2008 70 ORDER granting in part and denying in part 56 Plaintiffs Motion For Entry Of
Final Judgment; granting in part and denying in part 58 Defendants Motion To
Confirm Arbitration Award And Enter Judgment. Judgment should be entered
in favor of INA and against NIL on INAs counterclaims asserted in this action.
The arbitration panels Final Award is hereby confirmed.INA is awarded
interest on the outstanding balance as defined by the Reinsurance Agreements.
INA is awarded attorneys fees and costs incurred after 01/18/2008. Signed by
Judge Zita L. Weinshienk on 09/16/2008.(sah, ) (Entered: 09/19/2008)
09/19/2008 71 JUDGMENT is entered in against Plaintiffs Newmont and NIL dismissing with
prejudice all claims and causes of action asserted by them in their Complaint.
Judgment is entered in favor of INA and against NIL on INA's counterclaims
asserted in this action. The Final Award as modified, annexed hereto as
Exhibita A & B. Reinsurance Agreements are annexed hereto as Exhibit C.
INA is awarded interest on the outstanding balance as defined by the
Reinsurance Agreements at the rate of 1.5%. INA is awarded attorneys' fees
and costs. Signed by Judge Zita L. Weinshienk on 09/19/2008. (sah, ) (Entered:
09/19/2008)
09/23/2008 72 NOTICE OF APPEAL as to 71 Judgment,, 70 Order on Motion for Judgment,
Order on Motion for Order,,,, 33 Order on Motion to Stay, by Counter
Defendants Newmont USA Limited, N.I. Limited, Plaintiffs Newmont USA
Limited, N.I. Limited (Longenecker, Nathan) (Entered: 09/23/2008)
09/24/2008 73 LETTER Transmitting Notice of Appeal to all counsel advising of the
transmittal of the 72 Notice of Appeal, filed by N.I. Limited, Newmont USA
Limited to the U.S. Court of Appeals. (Retained Counsel, Fee Paid)
(Attachments: # 1 Docket Sheet, # 2 Preliminary Record, including Notice of
Appeal, # 3 Receipt)(gms, ) (Entered: 09/24/2008)
09/25/2008 74 USCA Case Number 08-1347 for 72 Notice of Appeal filed by N.I. Limited,
Newmont USA Limited. (bjr2, ) (Entered: 09/25/2008)
09/26/2008 75 MOTION for Approval of Supersedeas Bond and for Stay of Execution of
Judgment Pending Appeal by Plaintiffs Newmont USA Limited, N.I. Limited.
(Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only) Entering Stay
and Approving Supersedeas Bond)(Longenecker, Nathan) Modified on
9/29/2008 to reflect correct title of this document (gms, ). (Entered:
09/26/2008)
12 of 17 2/8/11 4:08 PM
09/29/2008 76 Docket Annotation re: 75 MOTION to Alter Judgment re 71

Judgment,,Unopposed MOTION for Bond (Approval of Supersedeas). This
docket entry was modified to reflect correct title of this document. Text only
entry - no document attached (gms, ) (Entered: 09/29/2008)
10/01/2008 78 ORDER granting 75 Newmonts Unopposed Motion For Approval Of
Supersedeas Bond And For Stay Of Execution Of Judgment Pending Appeal.
The Court approves the supersedeas bond attached to the Motion. pursuant to
Fed. R. Civ. P. 62(d), approval of the supersedeas bond stays execution of the
Courts Final Judgment, pending appeal of this matter. Signed by Judge Zita L.
Weinshienk on 10/01/2008.(sah, ) (Entered: 10/02/2008)
10/02/2008 77 Unopposed MOTION For Extension of Time to Submit Bill of Costs and
Motion for Attorneys Fees by Counter Claimant Insurance Company of North
America, Defendant Insurance Company of North America. (Attachments: # 1
Proposed Order (PDF Only) Granting Unopposed Motion for Extension of
Time to File Bill of Costs and Motion for Attorneys Fees)(Ringel, Andrew)
(Entered: 10/02/2008)
10/03/2008 79 ORDER granting 77 Defendant and Counterclaimant Insurance Company of
North America (INA)s Unopposed Motion (Motion) For Extension Of Time To
Submit Bill Of Costs And Motion For Attorneys Fees. The deadline for INA to
file its Bill of Costs and Motion for Attorneys Fees is extended until twenty
(20) days after this matter has been remanded to this Court by the United States
Court of Appeals for the Tenth Circuit. Signed by Judge Zita L. Weinshienk on
10/03/2008.(sah, ) (Entered: 10/06/2008)
10/07/2008 80 TRANSCRIPT ORDER FORM re 72 Notice of Appeal, (transcript of the July
25, 2006 Expedited Hearing) by Counter Defendants Newmont USA Limited,
N.I. Limited, Plaintiffs Newmont USA Limited, N.I. Limited (Longenecker,
10/07/2008 81 TRANSCRIPT ORDER FORM re 72 Notice of Appeal, (transcript of the
March 10, 2008 Status Conference) by Counter Defendants Newmont USA
Limited, N.I. Limited, Plaintiffs Newmont USA Limited, N.I. Limited
(Longenecker, Nathan) (Entered: 10/07/2008)
10/08/2008 82 NOTICE OF APPEAL as to 71 Judgment,, 70 Order on Motion for Judgment,
Order on Motion for Order,,,, (Notice of Cross-Appeal) by Counter Claimant
Insurance Company of North America, Defendant Insurance Company of
North America (Ringel, Andrew) (Entered: 10/08/2008)
10/08/2008 86 REPORTER TRANSCRIPT ORDER FORM filed by Kara Spitler; Transcripts
ordered 07/25/08 re: 72 Notice of Appeal by Newmont: Transcript due by
10/14/2008. (bjr2, ) (Entered: 10/09/2008)
10/09/2008 83 TRANSCRIPT of Expedited Hearing on Motion to Stay and Compel
Arbitration and Cross Motion for Determination of Court's Authority to
13 of 17 2/8/11 4:08 PM
Adjudicate Plaintiffs' Claims and the Stay Arbitration held on 7-25-06 before
Judge Weinshienk. Pages: 1-29.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar

days of this filing, each party shall inform the Court, by filing a Notice of
Intent to Redact, of the party's intent to redact personal identifiers from
the electronic transcript of the court proceeding. If a Notice of Intent to
Redact is not filed within the allotted time, this transcript will be made
electronically available after 90 days. Please see the Notice of Electronic
Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased

through the Court Reporter/Transcriber prior to the 90 day deadline for
electronic posting on PACER. Release of Transcript Restriction set for
1/7/2009. (Spitler, Kara) (Entered: 10/09/2008)
10/09/2008 84 LETTER Transmitting Notice of Appeal to all counsel advising of the
transmittal of the 82 Notice of Cross-Appeal, filed by Insurance Company of
North America to the U.S. Court of Appeals. (Retained counsel; Fee paid)
(Attachments: # 1 Docket Sheet, # 2 Preliminary Record including Notice of
Cross-Appeal, # 3 Receipt)(bjr2, ) (Entered: 10/09/2008)
10/09/2008 85 USCA Case Number 08-1370 for 82 Notice of Cross-Appeal filed by Insurance
Company of North America. (bjr2, ) (Entered: 10/09/2008)
10/20/2008 87 TRANSCRIPT ORDER FORM re 82 Notice of Appeal, (Cross-Appeal) by
Company of North America (Ringel, Andrew) (Entered: 10/20/2008)
10/21/2008 90 REPORTER TRANSCRIPT ORDER FORM filed by Avery; Transcripts
ordered 03/10/08 ( Transcript on file)(bjr2, ) (Entered: 10/23/2008)
10/22/2008 88 TRANSCRIPT of Status Conference held on 3-10-08 before Magistrate Judge
Boland. Pages: 1-28.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar

days of this filing, each party shall inform the Court, by filing a Notice of
Intent to Redact, of the party's intent to redact personal identifiers from
the electronic transcript of the court proceeding. If a Notice of Intent to
Redact is not filed within the allotted time, this transcript will be made
electronically available after 90 days. Please see the Notice of Electronic
Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased

through the Court Reporter/Transcriber prior to the 90 day deadline for
electronic posting on PACER. Release of Transcript Restriction set for
1/20/2009. (Avery Woods Reporting, ) (Entered: 10/22/2008)
14 of 17 2/8/11 4:08 PM
10/23/2008 89 LETTER TO USCA and all counsel certifying the record is complete as to 72
Notice of Appeal, filed by N.I. Limited, Newmont USA Limited, 82 Notice of
Cross-Appeal filed by Insurance Company of North America. ( Appeal No.
08-1347 & 08-1370) (bjr2, ) (Entered: 10/23/2008)
08/11/2010 91 USCA Opinion and Judgment as to 72 Notice of Appeal, filed by N.I. Limited,
Newmont USA Limited : The judgment of the district court is affirmed in part
and reversed in part. The case is remanded to district court for further
proceedings in accordance with the opinion of this court. (USCA Case No.
08-1347; 08-1370) (This document is not the Mandate) (Attachments: # 1
USCA Judgment)(bjrsl, ) (Entered: 08/11/2010)
09/02/2010 92 MANDATE of USCA as to 72 Notice of Appeal, filed by N.I. Limited,
Newmont USA Limited, 82 Notice of Appeal, filed by Insurance Company of
North America, 91 USCA Order/Opinion/Judgment: Affirmed/Reversed
(USCA Case No. 08-1347; 08-1370) (bjrsl, ) (Entered: 09/03/2010)
09/08/2010 93 ORDER re: 91 the Tenth Circuits opinion. INA is awarded interest on the
outstanding balance as defined y the Reinsurance Agreements at the rate of
1.5% per month from 01/19/2008 up to and including 09/18/2008.
Post-judgment interest shall accrue on the judgment at the rate of rate of 1.5%
per month including and after 09/19/2008. An Amended Judgment shall be
issued. By Judge Zita L. Weinshienk on 09/08/2010. (sah, ) (Entered:
09/09/2010)
09/10/2010 94 AMENDED JUDGMENT. Judgment is entered against Plaintiffs Newmont
and NIL dismissing with prejudice all claims and causes of action asserted by
them in their Complaint. Judgment is entered in favor of INA and against
NILon INAs counterclaims asserted in this action. The Final Award as
modified, annexed hereto as Exhibits A & B, is hereby confirmed pursuant to 9
U.S.C. § 9 and INA is awarded (a) $461,782.24 for Pinal Creek site claims
under the 1982-1985 Reinsurance Agreements annexed hereto as Exhibit C; (b)
$258,701.34 in compounded interest at the contractually agreed upon rate of
1.5% per month to 01/18/2008; and (c) $556,893.15 in attorneys fees and costs
incurred through 01/18/2008, in attempting to collect amounts due under the
1982-1985 Reinsurance Agreements as agreed upon by the parties, which
totals $1,277,376.70. INA is awarded interest on the outstanding balance as
defined by the Reinsurance Agreements at the rate of 1.5% per month from
01/19/2008 up to and including 09/18/2008. INA is awarded attorneys fees and
costs incurred after January 18, 2008 in attempting to collect amounts due
under the 1982-1985 Reinsurance Agreements as agreed upon by the parties.
Post-judgment interest shall accrue on the judgment at the rate of 1.5% per
month including and after 09/19/2008. Signed on 09/10/2010. (sah, ) (Entered:
09/10/2010)
09/21/2010 95 Unopposed MOTION for Extension of Time to Submit Motion for Attorneys
Fees, Costs and Interest by Defendant Insurance Company of North America.
15 of 17 2/8/11 4:08 PM
(Attachments: # 1 Proposed Order (PDF Only))(Ringel, Andrew) (Entered:

09/21/2010)
09/22/2010 96 MINUTE ORDER. Defendants Unopposed Motion For Extension of Time To
Submit Motion For Attorneys Fees, Costs And Interest 95 is granted.
Defendant has up to and including 10/01/2010 to submit the motion. By Judge
Zita L. Weinshienk on 09/22/2010.(sah, ) (Entered: 09/24/2010)
09/30/2010 97 Mail Returned as Undeliverable re: 96 Order on Motion for Extension of Time,
Addressed to Robert L Tofel. (sah, ) (Entered: 10/01/2010)
10/01/2010 98 MOTION for Attorney Fees , Costs and Interest by Defendant Insurance
Company of North America. (Attachments: # 1 Exh A, # 2 Exh B, # 3 Exh C, #
4 Exh D, # 5 Exh E, # 6 Exh F, # 7 Exh G, # 8 Exh H, # 9 Exh I, # 10 Exh J, #
11 Exh K, # 12 Exh L, # 13 Exh M)(Ringel, Andrew) (Entered: 10/01/2010)
10/05/2010 99 NOTICE of Entry of Appearance by Mark A. Wielga on behalf of N.I.
Limited, Newmont USA Limited (Wielga, Mark) (Entered: 10/05/2010)
10/06/2010 100 NOTICE of Change of Address and Motion to Withdraw by Nathan Michael
Longenecker (Longenecker, Nathan) (Entered: 10/06/2010)
10/06/2010 101 MINUTE ORDER. The Motion To Withdraw 100 is GRANTED. Attorney
Nathan M. Longenecker is permitted to withdraw as counsel of record for
Plaintiffs. By Judge Zita L. Weinshienk on 10/06/2010. (sah, ) (Entered:
10/07/2010)
10/22/2010 102 Unopposed MOTION for Extension of Time to File Response/Reply as to 98
MOTION for Attorney Fees , Costs and Interest by Plaintiffs N.I. Limited,
Newmont USA Limited, Counter Defendants N.I. Limited, Newmont USA
Limited. (Attachments: # 1 Proposed Order (PDF Only))(Wielga, Mark)
(Entered: 10/22/2010)
10/27/2010 103 MINUTE ORDER. Plaintiffs Unopposed Motion For Extension of Time To
File Response 102 is GRANTED. Plaintiff has up to and including 11/05/2010
to submit a response. By Judge Zita L. Weinshienk on 10/27/2010.(sah, )
(Entered: 10/27/2010)
11/05/2010 104 SATISFACTION OF JUDGMENT entered In favor of Insurance Company of
North America Against N.I. Limited, In favor of Insurance Company of North
America Against Newmont USA Limited by Counter Claimant Insurance
11/12/2010 105 Unopposed MOTION for Release of Funds (Supersedeas Bond) by Plaintiffs
N.I. Limited, Newmont USA Limited, Counter Defendants N.I. Limited,
Newmont USA Limited. (Attachments: # 1 Exhibit A, # 2 Proposed Order
(PDF Only) Proposed Order)(Wielga, Mark) (Entered: 11/12/2010)
16 of 17 2/8/11 4:08 PM
11/19/2010 106 ORDER. Unopposed Motion To Release Supersedeas Bond 105 filed
11/12/2010 is granted. By Judge Zita L. Weinshienk on 11/19/2010.(sah, )
(Entered: 11/19/2010)
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CM/ECF - U.S. District Court:cod https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?5891314004625...

NDISPO, STAYED, TERMED

U.S. District Court

Newmont USA Limited et al v. Insurance Company of North Date Filed: 06/20/2006

Nathan Michael Longenecker

Nathan Michael Longenecker

Nathan Michael Longenecker

Nathan Michael Longenecker

Date Filed # Docket Text

07/13/2006 10 NOTICE of Entry of Appearance by Lloyd A. Gura by Matthew J. Lasky on

08/03/2006 19 Unopposed MOTION to Vacate 11 Order, Set Deadlines/Hearings and

08/21/2006 28 MINUTE ORDER Granting 27 Plaintiff Newmont's Unopposed MOTION for

10/06/2006 37 ORDER Granting 35 Defendant and Counterclaimant's Unopposed Second

06/04/2008 68 MINUTE ORDER granting over objection 64 Defendant and Counterclaimant

09/29/2008 76 Docket Annotation re: 75 MOTION to Alter Judgment re 71

NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar

Transcript may only be viewed at the court public terminal or purchased

NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar

Transcript may only be viewed at the court public terminal or purchased

(Attachments: # 1 Proposed Order (PDF Only))(Ringel, Andrew) (Entered:

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