Great American E & S Ins. Co. v. ASI, Inc.
| Great American E & S Insurance Company |
| Toy Quest Ltd., Aquawood, LLC, Brian Dubinsky, Banzai International Ltd., ASI, Inc., formerly known as Aviva Sports, Inc., Ming Yiu Chan, also known as Samson Chan, Siu Lun Chan, also known as Alan Chan and Yi Man Liu, also known as Lisa Liu |
| 25-2803 |
| September 12, 2025 |
| U.S. Court of Appeals, Eighth Circuit |
| Insurance |
Docket Report
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| MOTION to strike previously filed brief, Doc. No. [ # 5616029-2 ], filed by Attorney Julia J. Nierengarten for Appellee Great American E & S Insurance Company in 25-2803, 25-2804 w/service 03/09/2026. [5616446] [25-2803, 25-2804] (JJN) [Entered: 03/09/2026 04:29 PM] |
| RESPONSE in opposition to motion to supplement record [ # 5615417-2 ] filed by Attorney Julia J. Nierengarten for Appellee Great American E & S Insurance Company in 25-2803 , w/service 03/09/2026. [5616429] [25-2803, 25-2804] (JJN) [Entered: 03/09/2026 04:21 PM] |
| BRIEF FILED - APPELLANT REPLY BRIEF filed by ASI, Inc. w/service 03/09/2026, Length: 4,393 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM ASI, Inc. due 03/16/2026 WITH certificate of service for paper briefs [5616029] [25-2803] (NDG) [Entered: 03/09/2026 10:54 AM] |
| MOTION to consolidate cases GREAT AMERICAN E&S INSURANCE COMPANY v. TOY QUEST, LTD, et al., Appeal Nos. 25-2803 & 25-2804; VALLEY FORGE INSURANCE COMPANY v. AQUAWOOD, LLC, et al., Appeal No. 25-2840., filed by Attorney Stephen Adam Weisbrod for Appellant ASI, Inc. in 25-2803 w/service 03/05/2026. [5615420] [25-2803, 25-2804] (SAW) [Entered: 03/05/2026 08:05 PM] |
| REPLY brief of ASI, Inc. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5615418] [25-2803] (SAW) [Entered: 03/05/2026 07:44 PM] |
| MOTION to supplement the record., filed by Attorney Stephen Adam Weisbrod for Appellant ASI, Inc. w/service 03/05/2026. [5615417] [25-2803] (SAW) [Entered: 03/05/2026 07:07 PM] |
| Paper copies Appellee/Respondent brief, [ # 5607877-2 ] filed by Great American E & S Insurance Company in 25-2803, 25-2804 10 paper copies received. [5610233] [25-2803, 25-2804] (NDG) [Entered: 02/20/2026 11:21 AM] |
| BRIEF FILED - APPELLEE BRIEF filed by Great American E & S Insurance Company in 25-2803, 25-2804, w/service 02/12/2026 , Length: 12,647 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Great American E & S Insurance Company due 02/17/2026 WITH certificate of service for paper briefs. Reply brief of ASI, Inc., Aquawood, LLC, Banzai International Ltd., Ming Yiu Chan, Siu Lun Chan, Brian Dubinsky, Yi Man Liu and Toy Quest Ltd. due on 03/05/2026. [5607877] [25-2803, 25-2804] (NDG) [Entered: 02/12/2026 04:12 PM] |
| CLERK ORDER: Appellee's motion take judicial notice filed by Julia J. Nierengarten in 25-2803, 25-2804, [ # 5607312-2 ] is hereby ordered taken with the case for consideration by the panel to which this case is submitted for disposition on the merits. - FOR CAL [5607855] [25-2803, 25-2804] (NDG) [Entered: 02/12/2026 03:53 PM] |
| APPELLEE brief of Great American E & S Insurance Company in 25-2804, 25-2803 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5607316] [25-2804, 25-2803] (JJN) [Entered: 02/11/2026 02:49 PM] |
| MOTION For the court to take judicial notice of Exhibit A, filed by Attorney Julia J. Nierengarten for Appellee Great American E & S Insurance Company in 25-2804, 25-2803 w/service 02/11/2026 - FOR CAL. [5607312] [25-2804, 25-2803]--[Edited 02/12/2026 by BNW to correct relief.] (JJN) [Entered: 02/11/2026 02:46 PM] |
| Brief deficiency notice sent to counsel, Attorney Julia J. Nierengarten for Appellee Great American E & S Insurance Company in 25-2803, 25-2804. [5606734] [25-2803, 25-2804] (NDG) [Entered: 02/10/2026 02:38 PM] |
| APPELLEE brief of Great American E & S Insurance Company in 25-2804, 25-2803 submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5606318] [25-2804, 25-2803] (JJN) [Entered: 02/09/2026 04:21 PM] |
| CLERK ORDER:Appellant ASI's motion for leave to file the parial joinder to response out of time [ # 5602206-3 ] is granted. [5602897] [25-2803, 25-2804] (NDG) [Entered: 01/30/2026 01:13 PM] |
| MOTION leave to file partial joinder to Jan. 2, 2026 Opposition to Motion to Certify Question to Minnesota Supreme Court or California Supreme Court out of time, filed by Attorney Stephen Adam Weisbrod for Appellant ASI, Inc. in 25-2803 w/service 01/28/2026. [5602206] [25-2803, 25-2804]--[Edited 01/30/2026 to correct relief used by NDG] (SAW) [Entered: 01/28/2026 05:36 PM] |
| CLERK ORDER:Appellants' motion to adopt appendix in related case [ # 5595581-2 ] is granted. - FOR CAL [5598421] [25-2804, 25-2803] (NDG) [Entered: 01/20/2026 09:15 AM] |
| CLERK ORDER: Appellants' motion to disqualify counsel for ASI, Inc., [ # 5590211-2 ] is hereby ordered taken with the case for consideration by the panel to which this case is submitted for disposition on the merits. - FOR CAL [5598402] [25-2803, 25-2804] (NDG) [Entered: 01/20/2026 08:59 AM] |
| ***RE-FILED***RECORD FILED - SEALED RECORDS, Comments: 3 copies of SEALED Exhibit 1 to Appellant ASI, Inc.'s Opposition Motion to Disqualify Counsel [5598393] [25-2803, 25-2804]--[Edited 01/23/2026 by NDG] This entry was made in error. Sealed Exhibit 1 has been refiled as an attachment to the response in opposition to motion to disqualify counsel for ASI, Inc. See document ID 5597011. (NDG) [Entered: 01/20/2026 08:48 AM] |
| CLERK ORDER:Appellant ASI, Inc.'s motion to seal exhibit to opposition to motion to disqualify [ # 5597864-2 ] is granted subject to further order of the court. [5598376] [25-2803, 25-2804] (NDG) [Entered: 01/20/2026 08:40 AM] |
| MOTION to seal a document, filed by Appellant ASI, Inc. in 25-2803. [5597864] [25-2803, 25-2804] (NDG) [Entered: 01/15/2026 03:50 PM] |
| RESPONSE in opposition to motion to certify questions of law [ # 5591110-2 ]- FOR CAL, filed by Attorney Stephen Adam Weisbrod for Appellant ASI, Inc. in 25-2803, w/service 01/15/2026. [5597702] [25-2803, 25-2804] (SAW) [Entered: 01/15/2026 12:40 PM] |
| RESPONSE in opposition to motion to disqualify counsel for ASI, Inc. [ # 5590211-2 ] - FOR CAL, filed by Attorney Stephen Adam Weisbrod for Appellant ASI, Inc. in 25-2803, w/service 01/13/2026. [5597011] [25-2803, 25-2804]--[Edited 01/20/2026 to correct docket text by NDG]--[Edited 01/23/2026 by BNW to include attached sealed exhibit 1.] (SAW) [Entered: 01/13/2026 11:15 PM] |
| CLERK ORDER:Granting [ # 5593645-2 ] motion for extension of time to file a response filed by Appellant ASI, Inc. and Stephen Adam Weisbrod. Response of ASI, Inc. due 01/13/2026 [5593850] [25-2803, 25-2804] (NDG) [Entered: 01/06/2026 10:53 AM] |
| MOTION for extension of time to file response to motion to disqualify counsel, [ # 5590211-2 ], until 01/13/2026, filed by Attorney Stephen Adam Weisbrod for Appellant ASI, Inc. in 25-2803 w/service 01/05/2026. [5593645] [25-2803, 25-2804]--[Edited 01/06/2026 to correct docket text by NDG] (SAW) [Entered: 01/05/2026 07:56 PM] |
| RESPONSE in opposition to Motion to Certify Question to Minnesota Supreme Court or California Supreme Court [ # 5591110-2 ] - FOR CAL filed by Attorney Charles E. Spevacek for Appellee Great American E & S Insurance Company in 25-2804, 25-2803, w/service 01/02/2026. [5592986] [25-2804, 25-2803] (CES) [Entered: 01/02/2026 12:31 PM] |
| Paper copies Appellant/Petitioner Brief, [ # 5586193-2 ] filed by ASI, Inc. 10 paper copies received. w/Addendum attached [5588717] [25-2803] (NDG) [Entered: 12/16/2025 11:53 AM] |
| RECORD FILED - JOINT APPENDIX, 3 volumes, 1 boxes, Comments: 3 copies of 3 volumes each. All copies in one box. [5588708] [25-2803] SEE CLERK ORDER OF 01/20/2026 [5598421] - granted appellants' motion to adopt this appendix in Case No. 25-2804--[Edited 02/02/2026 by MR] (NDG) [Entered: 12/16/2025 11:44 AM] |
| CLERK ORDER:Granting [ # 5588356-2 ] motion for extension of time to file brief filed by Julia J. Nierengarten. Brief of Great American E & S Insurance Company due 02/09/2026. [5588641] [25-2803, 25-2804] (NDG) [Entered: 12/16/2025 10:13 AM] |
| CORRECTED/INITIAL certificate of service for motion for extension of time to file brief, Doc No. [ # 5588356-2 ], filed by Appellee Great American E & S Insurance Company in 25-2804, 25-2803 [5588603] [25-2804, 25-2803] (JJN) [Entered: 12/16/2025 09:25 AM] |
| MOTION for extension of time to file brief until 02/09/2026, filed by Attorney Julia J. Nierengarten for Appellee Great American E & S Insurance Company in 25-2804, 25-2803 w/service 12/15/2025. [5588356] [25-2804, 25-2803] (JJN) [Entered: 12/15/2025 02:36 PM] |
| PUBLIC DOCKET NOTE: Appellant briefs in each consolidated case have now been filed. Appellee Great American E&S Insurance Company mau have until January 8, 2026 to file the consolidated responsive brief. [5586195] [25-2803, 25-2804] (NDG) [Entered: 12/09/2025 11:58 AM] |
| BRIEF FILED - APPELLANT BRIEF filed by ASI, Inc.. w/service 12/09/2025, Length: 7,030 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM ASI, Inc. due 12/15/2025 WITH certificate of service for paper briefs. Brief of Great American E & S Insurance Company due on 01/08/2026 [5586193] [25-2803] (NDG) [Entered: 12/09/2025 11:56 AM] |
| ADDENDUM of APPELLANT FILED by Appellant ASI, Inc., w/service 12/09/2025 [5586194] [25-2803] (NDG) [Entered: 12/09/2025 11:57 AM] |
| Addendum of APPELLANT submitted for review by ASI, Inc.. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5585924] [25-2803] (SAW) [Entered: 12/08/2025 08:59 PM] |
| APPELLANT brief of ASI, Inc. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5585922] [25-2803] (SAW) [Entered: 12/08/2025 08:55 PM] |
| Addendum deficiency notice sent to counsel, Attorney Stephen Adam Weisbrod for Appellant ASI, Inc.. New electronic copy of addendum due on 12/08/2025 [5583960] [25-2803] (NDG) [Entered: 12/03/2025 10:40 AM] |
| Brief deficiency notice sent to counsel, Attorney Stephen Adam Weisbrod for Appellant ASI, Inc.. [5583938] [25-2803] (NDG) [Entered: 12/03/2025 10:21 AM] |
| Addendum of APPELLANT submitted for review by ASI, Inc. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5582798] [25-2803]--[Edited 12/02/2025 by BNW to remove filing from associated case. NDA resent.] (SAW) [Entered: 11/26/2025 10:20 PM] |
| APPELLANT brief of ASI, Inc. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5582797] [25-2803]--[Edited 12/02/2025 by BNW to remove filing from associated case. NDA resent.] (SAW) [Entered: 11/26/2025 10:17 PM] |
| CLERK ORDER: Appellee's motion to withdraw the motion to consolidate [ # 5571428-2 ] is granted without prejudice. Appellees' motion to consolidate [ # 5567092-2 ].is hereby withdrawn. Appellants' motion for extension of time to file a response to the motion to consolidate [ # 5571077-2 ] in 25-2804 is denied as moot. [5575407] [25-2803, 25-2804] (NDG) [Entered: 11/05/2025 02:22 PM] |
| CLERK ORDER:Granting [ # 5574049-2 ] motion for extension of time to file brief filed by Brandon R. Underwood. Brief of ASI, Inc., Aquawood, LLC, Banzai International Ltd., Brian Dubinsky, Chan Siu Lun, Liu Yi Man, Toy Quest Ltd. and Chan Ming Yiu due 11/26/2025. Appendix due on 11/26/2025. [5574350] [25-2803, 25-2804] (NDG) [Entered: 11/03/2025 12:31 PM] |
| MOTION for extension of time to file brief until 11/26/2025, filed by Attorney Brandon R. Underwood for Appellants Aquawood, LLC, Banzai International Ltd., Brian Dubinsky, Chan Siu Lun, Liu Yi Man, Toy Quest Ltd. and Chan Ming Yiu in 25-2804 w/service 10/31/2025. [5574049] [25-2804, 25-2803] (BRU) [Entered: 10/31/2025 04:24 PM] |
| MOTION to withdraw previously filed motion to Consolidate, [5567092-2]., filed by Attorney Alexander Eugene Potente for Appellee Great American E & S Insurance Company in 25-2803, 25-2804 w/service 10/24/2025. [5571428] [25-2803, 25-2804] (AEP) [Entered: 10/24/2025 01:31 PM] |
| RESPONSE in opposition to motion to Consolidate [5567092-2] filed by Attorney Stephen Adam Weisbrod for Appellant ASI, Inc. in 25-2803 , w/service 10/23/2025. [5571132] [25-2803, 25-2804] (SAW) [Entered: 10/23/2025 08:55 PM] |
| CERTIFICATE OF SERVICE filed by Attorney Alexander Eugene Potente for Appellee Great American E & S Insurance Company in 25-2803, 25-2804 correcting [5567092-2] motion to Consolidate filed by Attorney in 25-2803, 25-2804. [5567629] [25-2803, 25-2804]--[Edited 10/16/2025 by CRJ. Entry edited to correct the type of certificate filed.] (AEP) [Entered: 10/14/2025 05:36 PM] |
| ***WITHDRAWN***MOTION to consolidate cases 25-2803 and 25-2804 with 25-1265 and 25-1284., filed by Attorney Alexander Eugene Potente for Appellee Great American E & S Insurance Company in 25-2803, 25-2804 w/service 10/13/2025. [5567092] [25-2803, 25-2804]--[Edited 11/05/2025 by NDG] This document is locked as it has been withdrawn pursuant to this court's order of November 5, 2025. (AEP) [Entered: 10/13/2025 11:03 AM] |
| DESIGNATION of record filed by Appellee Great American E & S Insurance Company in 25-2803, 25-2804. w/service 10/10/2025 [5566957] [25-2803, 25-2804] (JJN) [Entered: 10/10/2025 02:20 PM] |
| APPEARANCE filed by Alexander E. Potente for Appellee Great American E & S Insurance Company w/service 10/06/2025 [5565052] [25-2803] (AEP) [Entered: 10/06/2025 06:29 PM] |
| APPEARANCE filed by Julia J. Nierengarten for Appellee Great American E & S Insurance Company w/service 10/01/2025 [5563465] [25-2803] (JJN) [Entered: 10/01/2025 03:12 PM] |
| RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Comments: Motion to Stay Proceedings Pending Appellate Decision - District Court document #66 [Only Electronic Copy Received - No Paper Copy on File], Source Location: USDC / MN, Dt. of Proceeding/Hearing: 04/30/2025, No. of Pgs.: 30, Court Reporter: Weinbeck, Maria Victoria [5562184] [25-2803, 25-2804] (STL) [Entered: 09/29/2025 09:38 AM] |
| STATEMENT of issues filed by Appellant ASI, Inc. in 25-2803 - w/service 09/26/2025. [5562052] [25-2803, 25-2804] (SAW) [Entered: 09/26/2025 04:20 PM] |
| DESIGNATION of record filed by Appellant ASI, Inc. in 25-2803. w/service 09/26/2025 [5562039] [25-2803, 25-2804] (SAW) [Entered: 09/26/2025 04:11 PM] |
| METHOD of appendix preparation filed by Appellant ASI, Inc. in 25-2803 - Joint Appendix - w/service 09/26/2025 [5562031] [25-2803, 25-2804] (SAW) [Entered: 09/26/2025 04:05 PM] |
| CORPORATE disclosure statement filed by Appellee Great American E & S Insurance Company in 25-2803. - FOR CAL [5558916] [25-2803, 25-2804] (CES) [Entered: 09/17/2025 03:26 PM] |
| APPEARANCE filed by Charles E. Spevacek for Appellee Great American E & S Insurance Company w/service 09/17/2025 [5558911] [25-2803] (CES) [Entered: 09/17/2025 03:23 PM] |
| CORPORATE disclosure statement filed by Appellant ASI, Inc. in 25-2803. - FOR CAL [5558368] [25-2803, 25-2804] (SAW) [Entered: 09/16/2025 12:08 PM] |
| APPEARANCE filed by Stephen A. Weisbrod for Appellant ASI, Inc. w/service 09/16/2025 [5558367] [25-2803] (SAW) [Entered: 09/16/2025 12:05 PM] |
| RECORD FILED - MOTION TRANSCRIPT, 1 volumes, Comments: District Court document #76 [Only Electronic Copy Received - No Paper Copy on File], Source Location: USDC / MN, Dt. of Proceeding/Hearing: 07/14/2025, No. of Pgs.: 29, Court Reporter: Simpson, Lori Ann [5557899] [25-2803, 25-2804] (STL) [Entered: 09/15/2025 11:47 AM] |
| Originating court document filed consisting of notice of appeal filed 9/10/2025, Opinion and Order filed 8/18/2025, Judgment filed 8/19/2025, and docket entries, [5557511] [25-2803] (ASL) [Entered: 09/12/2025 03:04 PM] |
| CONSOLIDATED BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 10/22/2025. Appendix due 11/03/2025. BRIEF APPELLANT, ASI, Inc., Aquawood, LLC, Banzai International Ltd., Brian Dubinsky, Chan Siu Lun, Liu Yi Man, Toy Quest Ltd. and Chan Ming Yiu due 11/03/2025 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5557551] [25-2803, 25-2804]--[Edited 09/12/2025 by ASL to add consolidated] (ASL) [Entered: 09/12/2025 03:46 PM] |
| Civil case docketed. [5557504] [25-2803] (ASL) [Entered: 09/12/2025 02:55 PM] |
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