Capson Physicians Insurance Company v. MMIC Insurance Inc
| Capson Physicians Insurance Company |
| MMIC Insurance Inc |
| 3:2013cv00157 |
| June 20, 2013 |
| US District Court for the Eastern District of Arkansas |
| Jonesboro Office |
| Out of State |
| J. Leon Holmes |
| Insurance |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| None |
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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
215
ORDER granting 214 Motion for Bond. Supersedeas amount approved. Bond due by 31 August 2015. Enforcement of that part of the Judgment, 199 , awarding costs is stayed. Signed by Judge D. P. Marshall Jr. on 8/10/2015. (jak)
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Filing
199
JUDGMENT: Capson Physician Insurance Company's amended complaint is dismissed with prejudice. All Dr. Karl J. Hasik's counterclaims against MMIC Insurance Inc. are dismissed with prejudice, except for Dr. Hasik's proposed claim for bad faith, which the Court rejected at the proposed-amendment stage without prejudice for failure to state a claim. The Court confirms, as it ruled from the bench, that Iowa law governs Dr. Hasik's counterclaims. Crawford County Memorial Hospital&# 039;s third-party complaint against MMIC is dismissed with prejudice. MMIC Insurance Inc. shall have a declaratory judgment against Capson Physicians Insurance Company, Dr. Karl J. Hasik, Lillian Wilson, Samantha Ray, Dereck Ray, and Doe. The Court d eclares that MMIC has no obligation to defendant Dr. Hasik in the Wilson lawsuit or in the Ray lawsuit, or to pay any judgment entered against him in either case. MMIC is also entitled to rescind the prior-acts coverage provided by the endorsement ad ding Dr. Hasik to Policy No. IHP000103 upon making a full refund to Crawford County Memorial Hospital of the premium the hospital paid for the prior-acts coverage. MMIC may have its costs, as allowed by law, if it files a verified bill of costs by 15 June 2015. Signed by Judge D. P. Marshall Jr. on 6/1/2015. (jak)
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Filing
196
ORDER: The Scheduling Order, 49 , is suspended and the 15 June 2015 trial is cancelled. All pending motions in limine, 161 , 163 , 164 , & 166 are denied as moot. The dispute regarding the Ray testimony, 181 , is moot. The Court will issue another Order soon confirming its rulings on dispositive motions. Signed by Judge D. P. Marshall Jr. on 5/19/2015. (jak)
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Filing
177
ORDER: Pursuant to General Order 54, the Court authorizes Beverly Rowlett, William Miller, Megan Flynn, Brent Cooper, Robert Witmeyer, Paulette Sarp, Christopher Dougherty, Steven Quattlebaum, and Teresa Roberts to bring a cell phone, laptop computer, or personal digital assistant into the Richard Sheppard Arnold United States Courthouse in Little Rock on 19 May 2015 for the pretrial hearing in this case. Signed by Judge D. P. Marshall Jr. on 5/14/2015. (jak)
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Filing
175
ORDER: The Court is making its way through the summary judgment papers. Oral argument would be helpful. We'll start there at the May 19 hearing. Fifteen minutes per party. The Court modifies its Order, 156 : though everyone is welcome, only one lawyer per party needs to attend the hearing. The Court requests an updated notice from each party that covers all its filings. Given the many papers already received, trial briefs are optional, not required. Nothing already argued needs to be repeated. No responding trial briefs are needed. Signed by Judge D. P. Marshall Jr. on 5/13/2015. (jak)
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Filing
156
ORDER: Joint report, 155 , noted and appreciated. The Court will proceed on the motions. This case is first out for trial on 15 June 2015. The Court has five days available for trial and no more. Counsel should tailor their proof accordingly. The Court will hold a pretrial in Courtroom 1A of the Richard Sheppard Arnold Courthouse in Little Rock, Arkansas on 19 May 2015 at 9:00 a.m. All counsel who will try the case must attend in person. Signed by Judge D. P. Marshall Jr. on 4/28/2015. (jak)
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Filing
109
ORDER: Joint discovery report, 107 , addressed. Motion to strike, 101 , denied with a caveat. Joint status report, 108 , noted and requested attendance Order at private mediation issued. Joint report on mediation due by 24 April 2015. Signed by Judge D. P. Marshall Jr. on 3/23/2015. (jak)
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Filing
90
ORDER: Capson's motion to amend complaint, 56 granted. Amended complaint due by 25 February 2015. Dr. Hasik's motion to amend answer, 55 , granted on the counterclaims for breach of contract and declaratory judgment, denied on bad faith. Amended answer with counterclaims due by 25 February 2015. Crawford County Memorial Hospital's motion to intervene, 57 , granted as modified. Intervention is limited to the fee issue. Hospital's complaint due by 25 February 2015. Rays' motion to stay, 72 , denied. Joint report, 88 , noted and responded to. Dr. Hasik's motion to clarify, 89 , denied without prejudice to a joint report. Signed by Judge D. P. Marshall Jr. on 2/18/2015. (jak)
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Filing
80
ORDER granting 78 Motion to Extend deadlines. Discovery is extended until 27 March 2015 and dispositive motion deadline is extended until 6 April 2015. The Hasiks' depositions will proceed pursuant to the Court's prior Order 76 . The Cou rt orders counsel for all parties to confer by conference call about the scheduling issues before 30 January 2015 and file a joint status report by 6 February 2015. Counsel are directed to address the issue of a settlement conference in the February report as well. The Court directs MMIC to file an addendum to its responding papers. Two page addendum due by 27 January 2015. Signed by Judge D. P. Marshall Jr. on 1/20/2015. (jak)
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Filing
54
ORDER denying without prejudice 53 Motion to Quash. Follow the Court's Scheduling Order, 49 , on non-emergency discovery disputes. Signed by Judge D. P. Marshall Jr. on 8/29/2014. (jak)
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Filing
6
ORDER directing the Clerk to assign this action to another Judge. Judge J. Leon Holmes recused. Signed at the Direction of the Court on 8/12/2013. (jak)
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Filing
4
ORDER granting 2 and 3 Motions for Leave to Appear pro hac vice of R. Brent Cooper and Robin Donsky. Signed by Judge J. Leon Holmes on 06/24/2013. (jak)
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| Plaintiff: Capson Physicians Insurance Company | |
| Represented By: | R. Brent Cooper |
| Represented By: | Robin Donsky |
| Represented By: | Scott D. Provencher |
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| Defendant: MMIC Insurance Inc | |
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