Cincinnati Insurance Company v. Dievernich et al
| 2:2019cv00115 |
| September 6, 2019 |
| US District Court for the Eastern District of Arkansas |
| Helena Office |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Interpleader Action |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
348
JUDGMENT: Pursuant to and consistent with this Court's prior Orders entered in this matter, including, but not limited to 3 , 195 , 238 , 240 , 242 , 243 , 244 , 277 , 278 , 279 , 344 , 345 , 346 , 347 , plaintiff Cincinnati Insurance Company's operative interpleader amended complaint and all claims, cross-claims, and counterclaims filed in this action are dismissed consistent with the Court's Orders. Signed by Judge Kristine G. Baker on 9/30/2023. (ldb)
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Filing
341
ORDER providing guidance as to matters to be addressed at the Final Distribution Hearing set for 6/16/2023 at 10:00 a.m. in Helena, Arkansas, 278 . At the Final Distribution Hearing, the Court had hoped to be in a position to distribute payment to a ll individual parties who have established their entitlement to a portion of the interpleaded funds; however, that will not occur for reasons to be explored on the record at the hearing. Instead, at the Final Distribution Hearing, the Court intends to discuss with counsel the status of this proceeding and the method by which the Court proposes to allocate the interpleaded funds. At this time an evidentiary hearing on the pending motions for summary judgment is not required. However, if any party wishes to present evidence or further evidence at the Final Distribution Hearing, the Court will receive such evidence. Signed by Judge Kristine G. Baker on 6/14/2023. (jak)
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Filing
244
DEFAULT JUDGMENT: Pursuant to the 243 Order entered in this matter on this date, judgment is entered against defendants Becky Alexander, Align MD PLLC, Lashanunti Armstrong, Makhi Armstrong, Sammy Arnett, III, Stacy Arnett, Dana Austin, Amod Baile y, Terrace Bailey Sr., Terrance Bailey Jr., Nicole Baker, Shamika Beale, Eric Bolden, Rance Bolden, Rashuna Boldien, Adrienne Boone, DeMarcus Borum, Marcia Bowen, Aeshia Brown, Cachet Brown, Monica Brown, Timothy Bryant Jr., Jerry Burks, Armonie Calh oun, Jennie Davis, Willie Davis, Andrea Dievernich, Clayton Dyer, Jeff Dyer, Brian Eaton, Jakoliyan Eaton, Latoria Eaton, Eddie Evans, Dalius Fields, Yavarious Frazier, Jarvis Greer, Tanya Greer, Mattie Hardin, Caldreekious Harrell, Tasha Harrell, Ma rkese Harris, Annesha Harrison, Lorenzo Harrison, Nathaniel Harvey, Sharmarcus Heard, Steven Heard, Hickory Hill Pharmacy, Tashia Holder, Eboni Holloway, Cleo Hunter, Brian Jackson, William Jackson, Kadarrian Jones, Orra Lacey, Jayla Lemon, Veronica Lindzy, Andrew Mattson, Silas Ray Marshall, ShaKiera McGaughy, Jamarius McGee, Kimberly McKinney, Daitrion McMinney, Mid-Delta Radiology Associates, Richard Moore, Patrick Mugridge, Jakahriyah Owens, Jasmine Pruitt, Avin Redmon, Devita Redmon, Cynthi a Redmond, Aasia Riley, Joseph Robinson, Sariah Robinson, Justin Rogers, Kamedra Rogers, Pam Rogers, Saline Clinics LLC, DeMarcus Sheard, Shalanda Smith, Erica Speed, Tykiah Speed, DeWayne Stackhouse, Mamie Stevenson, Lola Jones-Stevenson, Tommy Lee Stevenson, Kendrick Strickland, Randy Swearengen, Tandria Thomas, Malek Trotter, Walter Vaughn, Crystal Williams, Michelle Williams, RaShanna Williams, Calvin Willis, Aaron Wright, Debra Wright, and Janet Marie Wright. As to each of the foregoing defendants, Cincinnati is discharged from any further liability arising out of any claims to the funds at issue in this action. Signed by Judge Kristine G. Baker on 9/28/2022. (jbh)
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Filing
243
ORDER granting 212 motion to set aside Clerk's entry of default as to defendant Javazze Speed; granting 239 motion to set aside default judgment filed by separate defendants Kayla Jones and Ahmaud Jones, through their natural guardian Pamela Jones; granting in part and denying in part 170 motion for renewed motion for default judgment; and granting 203 , 236 motions for distribution hearing filed by the Etoch Defendants and Jones Defendants. The Court will schedule a distribution hearing by separate Order. Signed by Judge Kristine G. Baker on 9/28/2022. (jbh)
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Filing
238
ORDER directing Cincinnati to show good cause in a written filing with the Court on or before 9/26/2022, why it has not filed proof of service as to Arkansas Department of Health, Lovers Harris, Tamara Jones, Pillow Clinic PLLC, Yvette Smith, Janice Williams, and Ron Williams; directing Cincinnati to provide clarification in a written filing with the Court on or before 9/26/2022, with respect to its claims against Adina Holloway, Rae King, and Jamia Moore; directing Adina Holloway, Rae King, and Jamia Moore to show good cause in a written filing with the Court on or before 9/26/2022, why they have not prosecuted this action diligently if they intend to seek a portion of the interpleaded funds; directing Cincinnati to provide clarification a s to the spelling of certain defendant names in written filing with the Court on or before 9/26/2022; directing Cincinnati to provide clarification in a written filing with the Court on or before 9/26/2022, with respect to its claims against Terrance Calhoun and inviting any other party with information regarding this matter to inform the Court; directing Cincinnati to provide clarification in a written filing with the Court on or before 9/26/2022, with respect to its claims against Pamela Jones and inviting any other party with information regarding this matter to inform the Court; directing Cincinnati to provide clarification in a written filing with the Court on or before 9/26/2022, with respect to its claims against Kendric Smith and Am y Carter and inviting any other party with information regarding this matter to inform the Court; and directing HRMC and Cincinnati to confer regarding the status of HRMC's 187 pending counterclaim and to file a joint written status report with the Court on or before 9/26/2022, with respect to this counterclaim. Signed by Judge Kristine G. Baker on 9/16/2022. (jbh)
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Filing
195
ORDER granting 142 , 144 motions for declaratory judgment and for summary judgment; and dismissing Cincinnati Insurance Company, Inc. as a party in this case. Signed by Judge Kristine G. Baker on 9/30/2021. (jbh)
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Filing
193
ORDER construing 170 Cincinnati's motion as a motion for entry of default by the Clerk pursuant to Federal Rule of Civil Procedure 55(a); referring the motion to the Clerk for consideration; denying 177 motion for default judgment as to the Responding Defendants; and directing the Clerk not to term the motion. Signed by Judge Kristine G. Baker on 9/29/2021. (jbh)
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Filing
184
ORDER granting 161 Cincinnati's motion for leave to file reply in support of its renewed motion for declaratory judgment; directing Cincinnati to file its reply within 14 days of entry of this Order; granting 178 Cincinnati's motion for leave to file reply in support of its renewed motion for default judgment; directing Cincinnati to file its reply within 14 days of entry of this Order; granting 164 , 165 HRMC's motions to the extent that HRMC seeks to adopt and join Allen D efendants response to motion for declaratory judgment and brief in support and response to motion for summary judgment, brief in support, and response to statement of facts; reserving ruling on Cincinnati's 142 , 144 motions for declaratory ju dgment and for summary judgment; granting 169 HRMC's motion for leave to file counterclaim and cross-complaint; directing HRMC to file its counterclaim and cross-complaint within 14 days of entry of this Order; and denying at this time 174 HRMC's motion for extension of time to file motion for summary judgment on its proposed cross-complaint. Signed by Judge Kristine G. Baker on 8/30/2021. (jbh)
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Filing
172
ORDER adopting 166 Stipulation of Dismissal; and dismissing with prejudice Radiology Associates, PA. Signed by Judge Kristine G. Baker on 2/10/2021. (jbh)
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Filing
158
ORDER adopting 150 stipulation of dismissal with prejudice as to UAMS; dismissing the action as to UAMS only; and denying as moot 113 , 148 motions to dismiss. Signed by Judge Kristine G. Baker on 11/5/2020. (jbh)
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Filing
88
ORDER denying as moot 6 Cincinnati's first motion to deposit interpleader funds; granting 12 Cincinnati's second motion to deposit interpleader funds; directing Cincinnati to deposit the funds as specified in this Order; denying 22 ,[ 25], 29 , 49 answers to the extent they contain motions to dismiss; granting 22 , 25 , 29 , 49 answers to the extent they contain motions to change venue; directing the Clerk of the Court to transfer immediately this entire case to the Eastern Div ision of the Eastern District of Arkansas; taking under advisement 47 motion for default judgment; referring 47 motion to the Clerk of Court for consideration to determine whether entry of a default is appropriate; granting 53 , 60 , 75 Cincinnati's motions to extend time for service and motion for retroactive leave to file reply; and denying 56 Allen defendants' motion to strike reply. Signed by Judge Kristine G. Baker on 9/6/2019. (jbh)
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