The Continental Insurance Company v. The Cincinnati Insurance Company et al
| International Insurance Company of Hannover Ltd, Western World Insurance Company and John Doe Insurance Company(ies) 1-20 |
| HDI Global Specialty SE, The Cincinnati Insurance Company, Colony Insurance Company, Commerce & Industry Insurance Company and Scottsdale Insurance Company |
| The Continental Insurance Company |
| National American Insurance Company |
| 5:2023cv05037 |
| March 8, 2023 |
| US District Court for the Western District of Arkansas |
| P K Holmes |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.
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Filing 54
INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 6/12/2023. Jury Trial set for 2/20/2024 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable P. K. Holmes III. Signed by Michelle McEntire, Courtroom Deputy for Honorable P. K. Holmes III on May 4, 2023. (mjm)
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Filing 53
ANSWER to #37 Answer to Complaint (Attorney filed Complaint),, Crossclaim,, Counterclaim, by Commerce & Industry Insurance Company, Western World Insurance Company.(Strabala, Richard)
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Filing 52
ANSWER to #2 Complaint,,,,, by HDI Global Specialty SE.(Grabouski, Laura)
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Filing 51
Corporate Disclosure Statement by HDI Global Specialty SE. (Grabouski, Laura)
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Filing 50
ANSWER to #37 Answer to Complaint (Attorney filed Complaint),, Crossclaim,, Counterclaim, by Scottsdale Insurance Company.(Martin, Brian)
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Filing 49
Corporate Disclosure Statement by National American Insurance Company. (Metcalf, Steven)
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Filing 48
ANSWER/REPLY to #37 Answer to Complaint (Attorney filed Complaint),, Crossclaim,, Counterclaim, by The Continental Insurance Company.(Dunlop Gates, Pamela)
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Filing 47
Corporate Disclosure Statement by Scottsdale Insurance Company. (Culver, Christina)
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Filing 46
TEXT ONLY ORDER granting #45 Motion to Appear Pro Hac Vice. Laura J. Grabouski appearing for HDI Global Specialty SE. Signed by Honorable P. K. Holmes III on April 24, 2023. (mjm)
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Filing 45
MOTION for Attorney Laura J. Grabouski to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number BARWDC-2765495) by HDI Global Specialty SE. (Grabouski, Laura)
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Filing 44
ANSWER to #37 Answer to Complaint (Attorney filed Complaint),, Crossclaim,, Counterclaim, by Colony Insurance Company.(Donovan, David)
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Filing 43
TEXT ONLY ORDER granting #42 Motion for Extension of Time to Answer. Because the answer deadline has passed, the court must make a finding that the defendant failed to act because of excusable neglect under Fed. R. Civ. P. 6(b)(1)(B). "Excusable neglect encompasses four factors: prejudice to the non-moving party, the length of the delay, the movant's good faith, and the reason for the delay." Albright ex rel. Doe v. Mountain Home Sch. Dist., 926 F.3d 942, 951 (8th Cir. 2019). Because there is no danger of prejudice to the opposing party, the length of the delay is minimal, and the movant acts in good faith, the Court finds that this defendant's untimeliness constitutes excusable neglect. The motion is therefore granted, and Defendant HDI Global Specialty SE's time to file a responsive pleading is extended to April 28, 2023. Signed by Honorable P. K. Holmes III on April 19, 2023.(ecp)(ecp)
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Filing 42
Unopposed MOTION for Extension of Time to File Answer re #2 Complaint,,,,, by HDI Global Specialty SE. (Holden, Steven)
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Filing 41
ANSWER to #2 Complaint,,,,, with Jury Demand by Commerce & Industry Insurance Company, Western World Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Strabala, Richard)
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Filing 40
ANSWER to #2 Complaint,,,,, with Jury Demand by The Cincinnati Insurance Company.(Walthart, Brian)
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Filing 39
NOTICE of Appearance by Taylor Williams on behalf of Colony Insurance Company. (Williams, Taylor)
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Filing 38
ANSWER to #2 Complaint,,,,, by Colony Insurance Company.(Donovan, David)
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Filing 37
ANSWER to #2 Complaint,,,,, with Jury Demand, CROSSCLAIM against HDI Global Specialty SE, John Doe Insurance Company(ies) 1-20, The Cincinnati Insurance Company, Scottsdale Insurance Company, Colony Insurance Company, Commerce & Industry Insurance Company, COUNTERCLAIM against The Continental Insurance Company by National American Insurance Company.(Metcalf, Steven)
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Filing 36
ANSWER to #2 Complaint,,,,, by Scottsdale Insurance Company.(Culver, Christina)
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Filing 35
TEXT ONLY ORDER granting #34 Motion to Appear Pro Hac Vice. Christina A. Culver appearing for Scottsdale Insurance Company. Signed by Honorable P. K. Holmes III on April 11, 2023. (mjm)
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Filing 34
MOTION for Attorney Christina A. Culver to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2759443) by Scottsdale Insurance Company. (Culver, Christina)
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Filing 33
TEXT ONLY ORDER granting #32 Motion to Appear Pro Hac Vice. Brian S. Martin appearing for Scottsdale Insurance Company. Signed by Honorable P. K. Holmes III on April 10, 2023. (mjm)
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Filing 32
MOTION for Attorney Brian S. Martin to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2759378) by Scottsdale Insurance Company. (Martin, Brian)
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Filing 31
TEXT ONLY ORDER granting #30 Motion for Extension of Time to Answer re #30 MOTION for Extension of Time to File Answer. Because the answer deadline has passed, the Court must make a finding that defendant failed to act because of excusable neglect under Fed. R. Civ. P. 6(b)(1)(B). Defendant has made no such showing in its motion for extension of time. "Excusable neglect encompasses four factors: prejudice to the non-moving party, the length of the delay, the movant's good faith, and the reason for the delay." Albright ex rel. Doe v. Mountain Home Sch. Dist., 926 F.3d 942, 951 (8th Cir. 2019). Because there is no danger of prejudice to the opposing party, the length of the delay is minimal, and the movant acts in good faith, the Court will find that defendant's untimeliness constitutes excusable neglect and the motion is granted. Defendant's time to file a responsive pleading is extended to April 17, 2023. Signed by Honorable P. K. Holmes III on April 7, 2023. (jch)
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Filing 30
MOTION for Extension of Time to File Answer by The Cincinnati Insurance Company. (Walthart, Brian)
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Filing 29
TEXT ONLY ORDER granting #28 Motion for Extension of Time to Answer. Because the answer deadline has passed, the court must make a finding that defendant failed to act because of excusable neglect under Fed. R. Civ. P. 6(b)(1)(B). Defendant has made no such showing in its motion for extension of time. "Excusable neglect encompasses four factors: prejudice to the non-moving party, the length of the delay, the movant's good faith, and the reason for the delay." Albright ex rel. Doe v. Mountain Home Sch. Dist., 926 F.3d 942, 951 (8th Cir. 2019). Because there is no danger of prejudice to the opposing party, the length of the delay is minimal, and the movant acts in good faith, the Court will find that defendants untimeliness constitutes excusable neglect and the motion is granted. Defendants time to file a responsive pleading is extended to April 17, 2023.. Signed by Honorable P. K. Holmes III on April 7, 2023. (mc)
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Filing 28
Unopposed MOTION for Extension of Time to File Answer by Scottsdale Insurance Company. (Taylor, David)
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Filing 27
NOTICE OF DEFAULT PROCEDURE under FRCP 55 directed to plaintiff as to default of Defendants Colony Insurance Company, HDI Global Specialty SE, Scottsdale Insurance Company. Affidavit in Support of Default due by 4/19/2023. (Attachments: #1 Affidiavt in Support of Default)(mjm)
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Filing 26
NOTICE of Appearance by William Spitler on behalf of National American Insurance Company. (Spitler, William)
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Filing 25
SUMMONS Returned Executed by The Continental Insurance Company. Western World Insurance Company served on 3/13/2023, answer due 4/03/2023. (Dunlop Gates, Pamela) Modified on 3/29/2023 (bjb).
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Filing 24
SUMMONS Returned Executed by The Continental Insurance Company. The Cincinnati Insurance Company served on 3/15/2023, answer due 4/5/2023. (Dunlop Gates, Pamela)
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Filing 23
SUMMONS Returned Executed by The Continental Insurance Company. Scottsdale Insurance Company served on 3/13/2023, answer due 4/3/2023. (Dunlop Gates, Pamela)
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Filing 22
SUMMONS Returned Executed by The Continental Insurance Company. National American Insurance Company served on 3/13/2023, answer due 4/03/2023. (Dunlop Gates, Pamela) Modified on 3/29/2023 (bjb).
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Filing 21
SUMMONS Returned Executed by The Continental Insurance Company. HDI Global Specialty SE served on 3/13/2023, answer due 4/3/2023. (Dunlop Gates, Pamela)
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Filing 20
SUMMONS Returned Executed by The Continental Insurance Company. Commerce & Industry Insurance Company served on 3/13/2023, answer due 4/03/2023. (Dunlop Gates, Pamela) Modified on 3/29/2023 (bjb).
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Filing 19
SUMMONS Returned Executed by The Continental Insurance Company. Colony Insurance Company served on 3/13/2023, answer due 4/3/2023. (Dunlop Gates, Pamela)
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Filing 18
NOTICE of Appearance by Brian F Walthart on behalf of The Cincinnati Insurance Company. (Walthart, Brian)
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Filing 17
TEXT ONLY ORDER granting #16 Motion for Extension of Time to Answer. National American Insurance Company answer due 4/17/2023. Signed by Honorable P. K. Holmes III on March 27, 2023. (ecp)
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Filing 16
First MOTION for Extension of Time to File Answer & Initial Responsive Pleadings by National American Insurance Company. (Metcalf, Steven)
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Filing 15
NOTICE of Appearance by Steven K Metcalf on behalf of National American Insurance Company. (Metcalf, Steven)
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Filing 14
TEXT ONLY ORDER granting #13 Motion for Extension of Time to File; Commerce & Industry Insurance Company answer due 4/17/2023 at noon; Western World Insurance Company answer due 4/17/2023 at noon. Signed by Honorable P. K. Holmes III on March 24, 2023. (ecp)
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Filing 13
Unopposed MOTION for Extension of Time to File Initial Responsive Pleading by Commerce & Industry Insurance Company, Western World Insurance Company. (Strabala, Richard)
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Filing 12
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Colony Insurance Company, Commerce & Industry Insurance Company, HDI Global Specialty SE, National American Insurance Company, Scottsdale Insurance Company, The Cincinnati Insurance Company, Western World Insurance Company and returned to attorney or plaintiff for service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (tg) Modified to grant access on 3/9/2023 (lgd).
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Filing 11
Magistrate Notice/Consent Form (tg)
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Filing 10
THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Western World Insurance Company for service of the following document: #1 Civil Cover Sheet, #2 Complaint,,,,, #3 Corporate Disclosure Statement - Filed by Attorney. (Dunlop Gates, Pamela)
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Filing 9
THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to The Cincinnati Insurance Company for service of the following document: #1 Civil Cover Sheet, #2 Complaint,,,,, #3 Corporate Disclosure Statement - Filed by Attorney. (Dunlop Gates, Pamela)
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Filing 8
THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Scottsdale Insurance Company for service of the following document: #1 Civil Cover Sheet, #2 Complaint,,,,, #3 Corporate Disclosure Statement - Filed by Attorney. (Dunlop Gates, Pamela)
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Filing 7
THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to National American Insurance Company for service of the following document: #1 Civil Cover Sheet, #2 Complaint,,,,, #3 Corporate Disclosure Statement - Filed by Attorney. (Dunlop Gates, Pamela)
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Filing 6
THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to HDI Global Specialty SE for service of the following document: #1 Civil Cover Sheet, #2 Complaint,,,,, #3 Corporate Disclosure Statement - Filed by Attorney. (Dunlop Gates, Pamela)
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Filing 5
THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Commerce & Industry Insurance Company for service of the following document: #1 Civil Cover Sheet, #2 Complaint,,,,, #3 Corporate Disclosure Statement - Filed by Attorney. (Dunlop Gates, Pamela)
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Filing 4
THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Requested as to Colony Insurance Company for service of the following document: #1 Civil Cover Sheet, #2 Complaint,,,,, #3 Corporate Disclosure Statement - Filed by Attorney. (Dunlop Gates, Pamela)
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Filing 3
Corporate Disclosure Statement by The Continental Insurance Company. (Dunlop Gates, Pamela)
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Filing 2
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AARWDC-2741930), filed by The Continental Insurance Company. (Attachments: #1 Exhibit A: 05.10.13 West Center-Thompson Thrift Contract, #2 Exhibit B-1: 07.26.19 West Center Complaint, #3 Exhibit B-2: 01.06.22 West Center AAA Statement of Claims, #4 Exhibit C: 08.14.19 Thompson Thrift Third Party Complaint, #5 Exhibit D: 12.01.21 Thompson Thrift Complaint, #6 Exhibit E: Center Point Subcontract, #7 Exhibit F: Prestige Subcontract, #8 Exhibit G: Roofing Systems Subcontract, #9 Exhibit H: U.S. Framing Subcontract, #10 Exhibit I: 07.22.19 Letter - Center Point, #11 Exhibit J: 12.28.21 Letter - Center Point, #12 Exhibit K: 12.13.22 Letter - Cincinnati, #13 Exhibit L: 07.16.19 Letter - Prestige, #14 Exhibit M: 12.28.21 Letter - Prestige, #15 Exhibit N: 12.13.22 Letter - HDI, Commerce, Western World, #16 Exhibit O: 07.16.19 Letter - Roofing Systems, #17 Exhibit P: 12.28.21 Letter - Roofing Systems, #18 Exhibit Q: 12.13.22 Letter - National American, #19 Exhibit R: 07.16.19 Letter - US Framing, #20 Exhibit S: 12.28.21 Letter - US Framing, #21 Exhibit T: 02.21.22 Letter - Scottsdale, #22 Exhibit U: 12.13.22 Letter - Scottsdale)(Dunlop Gates, Pamela)
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Filing 1
CIVIL COVER SHEET by The Continental Insurance Company. Please proceed with filing your case initiating document(s).If the case initiating documents are not filed by Close of Business the next business day, this file may be closed.A civil action is commenced by filing a complaint with the Court (Fed.R.Civ.P.3). (tg)
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