Pennsylvania Eastern District Court
Judge:Cynthia M Rufe
Case #: 2:20-cv-01878
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Insurance Contract
Case Filed:Apr 13, 2020
Terminated:Mar 08, 2023
Last checked: Saturday Oct 10, 2020 7:29 AM EDT
Counter Claimant
NGM INSURANCE COMPANY
Represented By
BRYAN M. SHAY
Post & Schell PC
contact info
Counter Defendant
MATTHEW BORDEN
Represented By
ROBERT F. ENGLERT
Rfe Law Firm, LLC
contact info
Defendant
NGM INSURANCE COMPANY
Represented By
BRYAN M. SHAY
Post & Schell PC
contact info
Plaintiff
MATTHEW BORDEN
Represented By
ROBERT F. ENGLERT
Rfe Law Firm, LLC
contact info

GPO Mar 08 2023
MEMORANDUM OPINION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/8/23. 3/8/23 ENTERED AND COPIES E-MAILED.(amas)
GPO Mar 08 2023
MEMORANDUM OPINION ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED. IT IS FURTHER ORDERED THAT COUNT I OF PLAINTIFFS AMENDED COMPLAINT IS DISMISSED AS MOOT. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/8/23. 3/8/23 ENTERED AND COPIES E-MAILED.(amas)

Docket last updated: 05/02/2025 11:59 PM EDT
Thursday, July 13, 2023
43 43 appeal USCA Order Fri 07/14 7:47 AM
USCA ORDER AS TO41 NOTICE OF APPEAL, FILED BY MATTHEW BORDEN THAT THE ABOVE MATTER IS DISMISSED. A CERTIFIED COPY OF THIS ORDER IS ISSUED IN LIEU OF A FORMAL MANDATE. (amas)
Related: [-]
Wednesday, April 05, 2023
42 42 appeal USCA Notice of Docketing ROA Wed 04/05 9:57 AM
NOTICE of Docketing Record on Appeal from USCA re41 Notice of Appeal (Credit Card Payment) filed by MATTHEW BORDEN. USCA Case Number 23-1622 (JL)
Related: [-]
Tuesday, April 04, 2023
41 41 appeal Notice of Appeal (Credit Card Payment) Tue 04/04 12:29 PM
NOTICE OF APPEAL as to40 Order (Memorandum and/or Opinion),39 Memorandum and/or Opinion by MATTHEW BORDEN. Filing fee $ 505, receipt number APAEDC-16605576. Copies to Judge, Clerk USCA, Appeals Clerk and (ENGLERT, ROBERT)
Related: [-]
Wednesday, March 08, 2023
40 40 1 pgs order Memorandum and/or Opinion Order Wed 03/08 10:24 AM
MEMORANDUM OPINION ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED. IT IS FURTHER ORDERED THAT COUNT I OF PLAINTIFFS AMENDED COMPLAINT IS DISMISSED AS MOOT. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/8/23. 3/8/23 ENTERED AND COPIES E-MAILED.(amas)
Related: [-]
39 39 15 pgs order Memorandum and/or Opinion Wed 03/08 10:23 AM
MEMORANDUM OPINION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/8/23. 3/8/23 ENTERED AND COPIES E-MAILED.(amas)
Related: [-]
Monday, November 07, 2022
38 38 minutes Settlement Conference Mon 11/07 9:46 AM
Minute Entry for proceedings held before MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS Settlement Conference held on 11/4/22. (amas)
Related: [-]
Wednesday, October 12, 2022
37 37 1 pgs order Order ~Util - Set Hearings Wed 10/12 2:24 PM
ORDER THAT THE SETTLEMENT CONFERENCE HAS BEEN RESCHEDULED TO 11/4/2022, AT 2:00 PM, BEFORE MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 10/12/22. 10/12/22 ENTERED AND COPIES E-MAILED.(amas)
Related: [-]
Thursday, August 18, 2022
36 36 respoth Response Thu 08/18 4:57 PM
Response to Plaintiff's Counter-Statement of Undisputed Material Facts [ECF Doc. No. 34-2] by NGM INSURANCE COMPANY. (SHAY, BRYAN)
Related: [-]
35 35 respm Reply to Response to Motion Thu 08/18 4:40 PM
REPLY to Response to Motion re33 MOTION for Partial Summary Judgment as to Count II of Plaintiff's Amended Complaint filed by NGM INSURANCE COMPANY. (SHAY, BRYAN)
Related: [-]
Wednesday, August 17, 2022
34 34 respm Response in Opposition to Motion Wed 08/17 4:13 PM
RESPONSE in Opposition re33 MOTION for Partial Summary Judgment as to Count II of Plaintiff's Amended Complaint REFILED filed by MATTHEW BORDEN.(ENGLERT, ROBERT)
Related: [-]
Att: 1 Text of Proposed Order Order,
Att: 2 Brief Brief,
Att: 3 Exhibit A,
Att: 4 Exhibit B,
Att: 5 Exhibit C,
Att: 6 Exhibit D,
Att: 7 Exhibit E,
Att: 8 Exhibit F,
Att: 9 Exhibit G,
Att: 10 Exhibit H,
Att: 11 Exhibit I,
Att: 12 Exhibit J,
Att: 13 Exhibit K,
Att: 14 Exhibit L,
Att: 15 Exhibit M,
Att: 16 Exhibit N,
Att: 17 Exhibit O
33 33 motion Summary Partial Judgment Wed 08/17 3:52 PM
MOTION for Partial Summary Judgment as to Count II of Plaintiff's Amended Complaint filed by NGM INSURANCE COMPANY.Certificate of Service.(SHAY, BRYAN)
Related: [-]
Att: 1 Brief,
Att: 2 Exhibit Exhibit 1,
Att: 3 Exhibit Exhibit 2,
Att: 4 Exhibit Exhibit 3,
Att: 5 Exhibit Exhibit 4,
Att: 6 Exhibit Exhibit 5,
Att: 7 Exhibit Exhibit 6,
Att: 8 Exhibit Exhibit 7,
Att: 9 Exhibit Exhibit 8,
Att: 10 Exhibit Exhibit 9,
Att: 11 Exhibit Exhibit 10,
Att: 12 Exhibit Exhibit 11,
Att: 13 Exhibit Exhibit 12,
Att: 14 Exhibit Exhibit 13,
Att: 15 Exhibit Exhibit 14,
Att: 16 Exhibit Exhibit 15,
Att: 17 Exhibit Exhibit 16,
Att: 18 Exhibit Exhibit 17,
Att: 19 Exhibit Exhibit 18,
Att: 20 Exhibit Exhibit 19,
Att: 21 Exhibit Exhibit 20,
Att: 22 Exhibit Exhibit 21,
Att: 23 Exhibit Exhibit 22,
Att: 24 Exhibit Exhibit 23
32 32 order Scheduling Order Wed 08/17 2:10 PM
ORDER THAT THIS CASE IS REFERRED TO MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS FOR A SETTLEMENT CONFERENCE ON 10/11/22, AT 2:00 PM. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/17/22. 8/17/22 ENTERED AND COPIES E-MAILED.(amas)
Related: [-]
Tuesday, August 16, 2022
31 31 minutes Status Conference Tue 08/16 1:18 PM
Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE Status Conference held on 8/16/22. (amas)
Related: [-]
Wednesday, August 10, 2022
30 30 1 pgs order Order Thu 08/11 8:08 AM
ORDER THAT DEFENDANT SHALL REFILE ITS MOTION FOR PARTIAL SUMMARY JUDGMENT BY 8/17/22. A TELEPHONE STATUS CONFERENCE WILL BE HELD ON 8/16/22 AT 12:00 P.M.; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/10/22. 8/11/22 ENTERED AND E-MAILED.(JL)
Related: [-]
utility Set/Reset Scheduling Order Deadlines Thu 08/11 8:05 AM
Set/Reset Scheduling Order Deadlines: TELEPHONE STATUS CONFERENCE SET FOR 8/16/2022 12:00 PM BEFORE HONORABLE CYNTHIA M. RUFE. MOTION FOR SUMMARY JUDGMENT DUE BY 8/17/2022. (JL)
Related: [-]
Monday, July 25, 2022
29 29 1 pgs order Order Mon 07/25 4:28 PM
ORDER THAT THE PARTIES SHALL SUBMIT A WRITTEN JOINT REPORT AS OUTLINED HEREIN, NO LATER THAN 8/8/22. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/25/22. 7/25/22 ENTERED AND COPIES E-MAILED.(amas)
Related: [-]
28 28 1 pgs order Order Reassigning Case Mon 07/25 12:03 PM
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE PETRESE B. TUCKER TO HONORABLE CYNTHIA M. RUFE FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT GEORGE V WYLESOL, CLERK OF COURT ON 7/25/22. 7/25/22 ENTERED AND COPIES E-MAILED.(amas)
Related: [-]
Monday, March 14, 2022
27 27 2 pgs order Order on Motion to Compel Order on Motion for Sanctions Order on Motion for Partial Summary Judgment Mon 03/14 10:22 AM
ORDER THAT PLAINTIFF'S MOTION TO COMPEL (DOC. NO.11 ) IS DENIED WITHOUT PREJUDICE AND DEFENDANT'S CROSS-MOTION FOR EXTENSION OF TIME (DOC. NO.12 ) IS GRANTED. THE PARTIES ARE DIRECTED TO "MEET AND CONFER" REGARDING DEFENDANT'S DISPUTED DISCVOERY RESPONSES WITHIN 30 DAYS. PLAINTIFF'S MOTION FOR SANCTIONS (DOC. NO.16 ) IS DENIED. DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. NO.20 ) IS DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE PETRESE B. TUCKER ON 3/14/22.3/14/22 ENTERED AND COPIES E-MAILED.(amas)
Related: [-]
Friday, November 05, 2021
26 26 respoth Response Fri 11/05 10:39 PM
Response to Plaintiff's Counter-Statement of Undisputed Material Facts [ECF Doc. No. 21-2] by NGM INSURANCE COMPANY. (SHAY, BRYAN)
Related: [-]
25 25 respm Reply to Response to Motion Fri 11/05 10:32 PM
REPLY to Response to Motion re20 MOTION for Partial Summary Judgment As to Count II of Plaintiff's Amended Complaint filed by NGM INSURANCE COMPANY. (SHAY, BRYAN)
Related: [-]
Monday, November 01, 2021
24 24 1 pgs order Order on Motion for Leave to File Mon 11/01 4:34 PM
ORDER THAT THE MOTION FOR LEAVE (DOC. NO.22 ) IS GRANTED. DEFENDANT SHALL FILE THE REPLY ON OR BEFORE 11/5/21. SIGNED BY HONORABLE PETRESE B. TUCKER ON 11/1/21.11/1/21 ENTERED AND COPIES E-MAILED.(amas, )
Related: [-]
Monday, September 27, 2021
23 23 1 pgs order Order on Motion for Protective Order Wed 09/29 1:01 PM
ORDER THAT DEFENDANTS MOTION FOR A PROTECTIVE ORDER (DOC. NO.14 ) IS DENIED AS MOOT. SIGNED BY HONORABLE PETRESE B. TUCKER ON 9/27/21.9/29/21 ENTERED AND COPIES E-MAILED.(amas, )
Related: [-]
Friday, June 11, 2021
22 22 motion Leave to File Document Fri 06/11 5:27 PM
MOTION for Leave to File Reply Brief Regarding Motion for Summary Judgment [ECF Doc. No. 20] and Response to Counter-Statement of Undisputed Material Facts filed by NGM INSURANCE COMPANY.Certificate of Service.(SHAY, BRYAN)
Related: [-]
Wednesday, June 02, 2021
21 21 respm Response in Opposition to Motion Wed 06/02 11:12 AM
RESPONSE in Opposition re20 MOTION for Partial Summary Judgment As to Count II of Plaintiff's Amended Complaint filed by MATTHEW BORDEN.(ENGLERT, ROBERT)
Related: [-]
Att: 1 Text of Proposed Order Order,
Att: 2 Brief Brief,
Att: 3 Exhibit A,
Att: 4 Exhibit B,
Att: 5 Exhibit C,
Att: 6 Exhibit D,
Att: 7 Exhibit E,
Att: 8 Exhibit F,
Att: 9 Exhibit G,
Att: 10 Exhibit H,
Att: 11 Exhibit I,
Att: 12 Exhibit J,
Att: 13 Exhibit K,
Att: 14 Exhibit L,
Att: 15 Exhibit M,
Att: 16 Exhibit N,
Att: 17 Exhibit O
Friday, May 28, 2021
20 20 motion Summary Partial Judgment Fri 05/28 11:58 PM
MOTION for Partial Summary Judgment As to Count II of Plaintiff's Amended Complaint filed by NGM INSURANCE COMPANY.Brief, Certificate of Service.(SHAY, BRYAN)
Related: [-]
Att: 1 Brief,
Att: 2 Exhibit 1,
Att: 3 Exhibit 2,
Att: 4 Exhibit 3,
Att: 5 Exhibit 4,
Att: 6 Exhibit 5,
Att: 7 Exhibit 6,
Att: 8 Exhibit 7,
Att: 9 Exhibit 8,
Att: 10 Exhibit 9,
Att: 11 Exhibit 10,
Att: 12 Exhibit 11,
Att: 13 Exhibit 12,
Att: 14 Exhibit 13,
Att: 15 Exhibit 14,
Att: 16 Exhibit 15,
Att: 17 Exhibit 16,
Att: 18 Exhibit 17,
Att: 19 Exhibit 18,
Att: 20 Exhibit 19,
Att: 21 Exhibit 20,
Att: 22 Exhibit 21,
Att: 23 Exhibit 22,
Att: 24 Exhibit 23
Monday, May 17, 2021
19 19 1 pgs order Order ~Util - Set Scheduling Order Deadlines Mon 05/17 12:02 PM
ORDER THAT DEFENDANT'S REQUEST IS GRANTED. THE DEADLINE FOR DISPOSITIVE MOTIONS IS NOW 5/28/21. THE CASE WILL BE PLACED ON THE COURT'S TRIAL LIST ON 7/16/21. SIGNED BY HONORABLE PETRESE B. TUCKER ON 5/17/21. 5/17/21 ENTERED AND COPIES E-MAILED.(amas, )
Related: [-]
Tuesday, February 02, 2021
18 18 respm Response in Opposition to Motion Tue 02/02 10:22 PM
RESPONSE in Opposition re16 First MOTION for Sanctions filed by NGM INSURANCE COMPANY.(SHAY, BRYAN)
Related: [-]
Att: 1 Brief,
Att: 2 Exhibit A-I
Tuesday, January 19, 2021
17 17 motion Sanctions Tue 01/19 10:13 AM
MOTION for Sanctions filed by MATTHEW BORDEN.BRIEF IN SUPPORT.(ENGLERT, ROBERT)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E
16 16 motion Sanctions Tue 01/19 10:09 AM
First MOTION for Sanctions filed by MATTHEW BORDEN.MOTION FOR SANCTIONS.(ENGLERT, ROBERT)
Related: [-]
Att: 1 Text of Proposed Order
Thursday, January 07, 2021
15 15 respm Response in Opposition to Motion Thu 01/07 6:47 PM
RESPONSE in Opposition re14 MOTION for Protective Order Regarding the Deposition of Defendant's Corporate Designee filed by MATTHEW BORDEN.(ENGLERT, ROBERT)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E,
Att: 6 Exhibit F,
Att: 7 Exhibit G,
Att: 8 Exhibit H,
Att: 9 Exhibit I,
Att: 10 Text of Proposed Order Proposed Order
Wednesday, December 30, 2020
14 14 motion Protective Order Wed 12/30 10:01 PM
MOTION for Protective Order Regarding the Deposition of Defendant's Corporate Designee filed by NGM INSURANCE COMPANY.Brief, Certificate of Service.(SHAY, BRYAN)
Related: [-]
Att: 1 Brief
Tuesday, December 29, 2020
13 13 respm Response to Motion Tue 12/29 4:56 PM
RESPONSE to Motion re11 MOTION to Compel Brief In Opposition To Defendants Cross-Motion For Extension Of Time Pursuant To Fed. R. Civ. P. 6(b)(1)(B) filed by MATTHEW BORDEN.(ENGLERT, ROBERT)
Related: [-]
Att: 1 Text of Proposed Order Proposed Order,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C,
Att: 5 Exhibit D,
Att: 6 Exhibit E,
Att: 7 Exhibit F,
Att: 8 Exhibit G,
Att: 9 Exhibit H,
Att: 10 Exhibit I,
Att: 11 Exhibit J,
Att: 12 Exhibit K
Tuesday, December 22, 2020
12 12 respm Response in Opposition to Motion Tue 12/22 10:57 PM
RESPONSE in Opposition re11 MOTION to Compel ,10 MOTION to Compel and Defendant's Cross-Motion Pursuant to Fed. R. Civ. P. 6(b)(1)(B) filed by NGM INSURANCE COMPANY.(SHAY, BRYAN)
Related: [-]
Att: 1 Brief
Tuesday, December 08, 2020
11 11 motion Compel Tue 12/08 10:39 AM
MOTION to Compel filed by MATTHEW BORDEN..(ENGLERT, ROBERT)
Related: [-]
10 10 motion Compel Tue 12/08 10:35 AM
MOTION to Compel filed by MATTHEW BORDEN.Brief.(ENGLERT, ROBERT)
Related: [-]
Att: 1 Certificate of Service,
Att: 2 Text of Proposed Order,
Att: 3 Exhibit,
Att: 4 Exhibit,
Att: 5 Exhibit,
Att: 6 Exhibit,
Att: 7 Exhibit,
Att: 8 Exhibit,
Att: 9 Exhibit,
Att: 10 Exhibit
Wednesday, November 11, 2020
9 9 order Scheduling Order Thu 11/12 10:19 AM
SCHEDULING ORDER THAT COUNSEL MAY AMEND THE PLEADINGS ON OR BEFORE 11/16/20. ALL FACT DISCOVERY SHALL BE COMPLETED BY 2/26/21. ALL MOTIONS FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT SHALL BE FILED BY 5/14/21. THE CASE WILL BE PLACED ON THE COURT'S TRIAL LIST ON 7/2/21. FURTHER INFORMATION AND DEADLINES OUTLINED HEREIN.SIGNED BY HONORABLE PETRESE B. TUCKER ON 11/11/20. 11/12/20 ENTERED AND COPIES E-MAILED.(amas, )
Related: [-]
Tuesday, November 03, 2020
8 8 discov Discovery Plan Tue 11/03 8:42 AM
Discovery Plan by NGM INSURANCE COMPANY.(SHAY, BRYAN)
Related: [-]
Wednesday, October 07, 2020
7 7 notice Notice of Hearing Wed 10/07 11:10 AM
NOTICE of Hearing:Rule 16 Telephone SCHEDULING CONFERENCE SET FOR 11/3/2020 10:00 AM BEFORE HONORABLE PETRESE B. TUCKER.(adr)
Related: [-]
Monday, July 20, 2020
6 6 answer Answer to Amended Complaint Mon 07/20 11:19 PM
ANSWER to5 Amended Complaint by NGM INSURANCE COMPANY.(SHAY, BRYAN)
Related: [-]
Monday, July 06, 2020
5 5 cmp Amended Complaint Mon 07/06 3:44 PM
AMENDED COMPLAINT against NGM INSURANCE COMPANY, filed by MATTHEW BORDEN.(ENGLERT, ROBERT)
Related: [-]
Tuesday, June 16, 2020
4 4 answer Answer to Complaint Counterclaim Tue 06/16 10:24 PM
ANSWER to Complaint , COUNTERCLAIM for Declaratory Judgment against MATTHEW BORDEN by NGM INSURANCE COMPANY.(SHAY, BRYAN)
Related: [-]
Att: 1 Exhibit 1
3 3 notice Notice of Appearance Tue 06/16 10:21 PM
NOTICE of Appearance by BRYAN M. SHAY on behalf of NGM INSURANCE COMPANY with Certificate of Service(SHAY, BRYAN)
Related: [-]
Monday, May 18, 2020
2 2 service Waiver of Service Executed Mon 05/18 2:29 PM
WAIVER OF SERVICE Returned Executed by MATTHEW BORDEN. NGM INSURANCE COMPANY waiver sent on 4/17/2020, answer due 6/16/2020. (ENGLERT, ROBERT)
Related: [-]
Tuesday, April 14, 2020
service Summons Issued Tue 04/14 10:34 AM
Summons Issued as to NGM INSURANCE COMPANY. E-mailed To: Robert F. Englert on 4/14/20. (fdc)
Related: [-]
Monday, April 13, 2020
1 1 cmp Complaint (Attorney) Mon 04/13 1:52 PM
COMPLAINT against NGM INSURANCE COMPANY ( Filing fee $ 400 receipt number 0313-14233112.), filed by MATTHEW BORDEN.(ENGLERT, ROBERT)
Related: [-]
Att: 1 Case Management Track Form,
Att: 2 Designation Form