Continental Western Insurance Company v. Shay Construction, Inc. et al
Plaintiff: Continental Western Insurance Company
Defendant: Shay Construction, Inc. and Milender White Construction Co.
Case Number: 1:2010cv02126
Filed: August 31, 2010
Court: US District Court for the District of Colorado
Office: Denver Office
County: XX US, Outside State
Presiding Judge: William J Martinez
Referring Judge: Kristen L Mix
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 12, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 12, 2012 Filing 79 MANDATE of USCA as to #69 Notice of Appeal filed by Shay Construction, Inc., #68 Notice of Appeal filed by Milender White Construction Co. : Dismissed. (USCA Case Nos. 11-1515 and 11-1516) (Attachments: #1 USCA Order)(lswsl, ) Modified on 6/13/2012 to correct USCA case number (lswsl, ).
November 30, 2011 Filing 78 LETTER TO USCA and all counsel certifying the records are complete as to #69 Notice of Appeal filed by Shay Construction, Inc., #68 Notice of Appeal filed by Milender White Construction Co.. ( Appeal No. 11-1515 & 11-1516) (bjrsl, )
November 29, 2011 Filing 77 TRANSCRIPT ORDER FORM re #69 Notice of Appeal by Counter Claimant Shay Construction, Inc., Defendant Shay Construction, Inc. (Sitcoff, Jeremy)
November 29, 2011 Filing 76 TRANSCRIPT ORDER FORM re #68 Notice of Appeal by Defendant Milender White Construction Co. (Varholak, Katherine)
November 23, 2011 Filing 75 USCA Appeal Fees (USCA Case No. 11-1516); received $ 455 receipt number 43301 re #68 Notice of Appeal filed by Milender White Construction Co. (gmssl, )
November 22, 2011 Filing 74 USCA Appeal Fees (USCA Case No. 11-1515); received payment of $ 455 receipt number 43260 re #69 Notice of Appeal filed by Shay Construction, Inc. (bjrsl, )
November 15, 2011 Filing 73 USCA Case Number 11-1515 for #69 Notice of Appeal filed by Shay Construction, Inc.. (bjr, )
November 15, 2011 Filing 72 USCA Case Number 11-1516 for #68 Notice of Appeal filed by Milender White Construction Co.. (bjr, )
November 15, 2011 Filing 71 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #69 Notice of Appeal filed by Shay Construction, Inc. to the U.S. Court of Appeals. (Retained Counsel; Fee not paid) (Attachments: #1 Docket Sheet - Shay, #2 Preliminary Record including Shay's Notice of Appeal)(bjr, )
November 15, 2011 Filing 70 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #68 Notice of Appeal filed by Milender White Construction Co. to the U.S. Court of Appeals. (Retained counsel; Fee not paid) (Attachments: #1 Docket Sheet, #2 Preliminary Record including Notice of Appeal)(bjr, )
November 14, 2011 Filing 69 NOTICE OF APPEAL as to #67 Order on Motion for Reconsideration,,, #58 Clerk's Judgment, #57 Order on Motion for Summary Judgment, by Counter Claimant Shay Construction, Inc., Defendant Shay Construction, Inc. (Sitcoff, Jeremy)
November 14, 2011 Filing 68 NOTICE OF APPEAL as to #67 Order on Motion for Reconsideration,,, #58 Clerk's Judgment, #57 Order on Motion for Summary Judgment, by Defendant Milender White Construction Co. (Mosley, Christopher)
October 17, 2011 Opinion or Order Filing 67 ORDER denying #59 Motion for Reconsideration Defendant Milender White Construction Co.s(Milender White) Motion to Reconsider Summary Judgment; denying #60 Defendant Shay Construction, Inc.s (Shay) Motion for Reconsideration by Judge William J. Martinez on 10/17/2011.(erv, )
October 6, 2011 Filing 66 Exhibits in Support of #65 Reply to Response to Motion by Counter Claimant Shay Construction, Inc., Defendant Shay Construction, Inc.. (Sitcoff, Jeremy)
October 6, 2011 Filing 65 REPLY to Response to #60 MOTION for Reconsideration filed by Counter Claimant Shay Construction, Inc., Defendant Shay Construction, Inc.. (Sitcoff, Jeremy)
October 4, 2011 Filing 64 Docket Annotation re: #63 Response to Motion, The title of the text has been edited to Reply to Response to Motion, to Reflect the title of the document filed. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (erv, )
October 3, 2011 Filing 63 Reply to Response to #30 MOTION for Summary Judgment and Memorandum Brief in Support Thereof filed by Defendant Milender White Construction Co.(Varholak, Katherine) (Modified on 10/4/2011 corrected The title of theb text to reflect the title of the document filed)(erv, ).
September 19, 2011 Filing 62 RESPONSE to #59 MOTION for Reconsideration re #57 Order on Motion for Summary Judgment,, #60 MOTION for Reconsideration filed by Plaintiff Continental Western Insurance Company. (Spano, Brian)
August 26, 2011 Filing 61 REASSIGNING JUDGE. Judge Walker D. Miller has assumed an inactive senior judge status. This case has been reassigned to Judge William J. Martinez, effective this date. Instead of WDM, all future pleadings should now reference the case number initials of the judge to whom the case is reassigned. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED. (wjc, )
August 25, 2011 Filing 60 MOTION for Reconsideration re #57 Order on Motion for Summary Judgment by Defendant Shay Construction, Inc. (Attachments: #1 Exhibit A)(Sitcoff, Jeremy) Modified on 8/26/2011 to add linkage(mnf, ).
August 25, 2011 Filing 59 MOTION for Reconsideration re #57 Order on Motion for Summary Judgment, by Defendant Milender White Construction Co.. (Mosley, Christopher)
August 2, 2011 Filing 58 FINAL JUDGMENT by Clerk, re: #57 Order. See judgment for details. By Clerk on 8/2/11. (mnf, )
July 28, 2011 Opinion or Order Filing 57 ORDER ON MOTION FOR SUMMARY JUDGMENT. Continental Western's #30 Motion for Summary Judgment is granted. Judgment shall enter in favor of Continental Western on all its claims and against Shay Construction on Shay's counterclaims. Continental Western may have its costs. By Judge Walker D. Miller on 7/28/11.(mnf, )
May 13, 2011 Filing 56 SURREPLY to Plaintiff's #30 MOTION for Summary Judgment filed by Defendant Milender White Construction Co. (mnf, )
May 13, 2011 Opinion or Order Filing 55 MINUTE ORDER granting #53 Unopposed Motion for Leave to File Sur-Reply to Plaintiff's Motion for Summary Judgment. The #53 -1 proposed Surreply provided by Defendant is accepted for filing as of the date of this Minute Order. By Magistrate Judge Kristen L. Mix on 5/13/11.(mnf, )
May 12, 2011 Filing 54 MEMORANDUM regarding #53 Unopposed MOTION for Leave to File Sur-Reply to Plaintiff's Motion for Summary Judgment filed by Milender White Construction Co.. Motions referred to Magistrate Judge Kristen L. Mix by Judge Walker D. Miller on 5/12/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, )
May 12, 2011 Filing 53 Unopposed MOTION for Leave to File Sur-Reply to Plaintiff's Motion for Summary Judgment by Defendant Milender White Construction Co.. (Attachments: #1 Exhibit Exhibit A)(Mosley, Christopher)
May 12, 2011 Filing 52 Docket Annotation re: #51 Surreply. Counsel to refile using the correct motion event. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (mnf, )
May 11, 2011 Filing 51 SURREPLY re #30 MOTION for Summary Judgment and Memorandum Brief in Support Thereof Unopposed Motion for Leave to File Sur-Reply to Plaintiff's Motion for Summary Judgment filed by Defendant Milender White Construction Co.. (Attachments: #1 Exhibit Exhibit A)(Mosley, Christopher)
April 28, 2011 Filing 50 REPLY to Response to #30 MOTION for Summary Judgment and Memorandum Brief in Support Thereof filed by Counter Defendant Continental Western Insurance Company, Plaintiff Continental Western Insurance Company. (Attachments: #1 Exhibit A)(Spano, Brian)
April 28, 2011 Filing 49 Docket Annotation re: #48 Brief in Support of Motion. Counsel has been requested to refile using correct event. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (mnf, )
April 27, 2011 Filing 48 BRIEF in Support of #30 MOTION for Summary Judgment and Memorandum Brief in Support Thereof filed by Counter Defendant Continental Western Insurance Company, Plaintiff Continental Western Insurance Company. (Attachments: #1 Exhibit A (Order Re: Motions for Summary Judgment))(Spano, Brian)
April 14, 2011 Opinion or Order Filing 47 STIPULATED PROTECTIVE ORDER, by Magistrate Judge Kristen L. Mix on 4/14/2011. (klmcd )
April 14, 2011 Opinion or Order Filing 46 MINUTE ORDER; #43 Unopposed Motion for Protective Order is GRANTED, by Magistrate Judge Kristen L. Mix on 4/14/2011.(klmcd )
April 14, 2011 Opinion or Order Filing 45 MEMORANDUM regarding #43 Unopposed MOTION for Protective Order filed by Continental Western Insurance Company. Motions referred to Magistrate Judge Kristen L. Mix by Judge Walker D. Miller on 4/14/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, )
April 13, 2011 Filing 44 Docket Annotation re: #42 Unopposed MOTION for Protective Order was refiled at #43 Unopposed MOTION for Protective Order with the proposed protective order attached. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (mnf, )
April 13, 2011 Filing 43 Unopposed MOTION for Protective Order by Counter Defendant Continental Western Insurance Company, Plaintiff Continental Western Insurance Company. (Attachments: #1 Proposed Document Stipulated Protective Order)(Bugos, Joshua)
April 13, 2011 Filing 42 Unopposed MOTION for Protective Order by Counter Defendant Continental Western Insurance Company, Plaintiff Continental Western Insurance Company. (Bugos, Joshua)
April 11, 2011 Filing 41 BRIEF in Opposition to #30 MOTION for Summary Judgment and Memorandum Brief in Support Thereof filed by Defendant Shay Construction, Inc.. (Sitcoff, Jeremy)
April 11, 2011 Filing 40 RESPONSE to #30 MOTION for Summary Judgment and Memorandum Brief in Support Thereof filed by Defendant Milender White Construction Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Mosley, Christopher)
March 21, 2011 Opinion or Order Filing 39 MINUTE ORDER granting #36 Amended Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment. Defendant to respond to Plaintiff's Motion for Summary Judgment on or before 4/11/2011, by Magistrate Judge Kristen L. Mix on 3/21/11.(lsw, )
March 18, 2011 Filing 38 MEMORANDUM regarding #35 Unopposed MOTION for Extension of Time to File Response/Reply as to #30 MOTION for Summary Judgment and Memorandum Brief in Support Thereof filed by Milender White Construction Co., #36 Amended MOTION for Extension of Time to File Response/Reply as to #30 MOTION for Summary Judgment and Memorandum Brief in Support Thereof filed by Milender White Construction Co.. Motions referred to Magistrate Judge Kristen L. Mix by Judge Walker D. Miller on 3/18/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, ) Modified on 3/21/2011 to remove duplicate generated text(mnf, ).
March 18, 2011 Filing 36 Amended MOTION for Extension of Time to File Response/Reply as to #30 MOTION for Summary Judgment and Memorandum Brief in Support Thereof by Defendant Milender White Construction Co.. (Attachments: #1 Proposed Order (PDF Only))(Mosley, Christopher)
March 18, 2011 Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply as to #30 MOTION for Summary Judgment and Memorandum Brief in Support Thereof by Defendant Milender White Construction Co.. (Attachments: #1 Proposed Order (PDF Only))(Mosley, Christopher)
March 17, 2011 Opinion or Order Filing 37 MINUTE ORDER granting #33 Unopposed Motion for Extension of Time to Respond to Plaintiff's First Set of Interrogatories and Requests for Production of Documents on or before 4/11/11; granting #31 Unopposed Motion for Extension of Time to Respond to #30 Plaintiff's Motion for Summary Judgment on or before 4/11/11, by Magistrate Judge Kristen L. Mix on 3/17/11.(lsw, )
March 16, 2011 Filing 34 MEMORANDUM regarding #33 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs First Set of Interrogatories and Requests for Production of Documents filed by Shay Construction, Inc.. Motions referred to Magistrate Judge Kristen L. Mix by Judge Walker D. Miller on 3/16/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, )
March 16, 2011 Filing 33 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs First Set of Interrogatories and Requests for Production of Documents by Counter Claimant Shay Construction, Inc., Defendant Shay Construction, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Sitcoff, Jeremy)
March 16, 2011 Filing 32 MEMORANDUM regarding #31 Unopposed MOTION for Extension of Time to File Response/Reply as to #30 MOTION for Summary Judgment and Memorandum Brief in Support ThereofUnopposed MOTION for Extension of Time to File Response/Reply as to #30 MOTION for Summary Judgment and Memorandum Brief in Support Thereof filed by Shay Construction, Inc.. Motions referred to Magistrate Judge Kristen L. Mix by Judge Walker D. Miller on 3/16/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, )
March 16, 2011 Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply as to #30 MOTION for Summary Judgment and Memorandum Brief in Support Thereof by Counter Claimant Shay Construction, Inc., Defendant Shay Construction, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Sitcoff, Jeremy)
February 25, 2011 Filing 30 MOTION for Summary Judgment and Memorandum Brief in Support Thereof by Counter Defendant Continental Western Insurance Company, Plaintiff Continental Western Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Spano, Brian)
February 9, 2011 Filing 29 SETTLEMENT CONFERENCE INSTRUCTIONS OR TWELVE SIMPLE RULES, by Magistrate Judge Kristen L. Mix on 2/9/11. (mnf, )
February 8, 2011 Filing 28 NOTICE of Entry of Appearance by Joshua Fredrick Bugos on behalf of Continental Western Insurance Company (Bugos, Joshua)
February 7, 2011 Filing 27 Amended Minute Entry for Scheduling Conference held before Magistrate Judge Kristen L. Mix on 2/7/2011; #25 is amended to reflect the correct deadline for affirmative experts of 9/9/2011. (Court Reporter: FTR - Monique Wiles) (klmcd )
February 7, 2011 Opinion or Order Filing 26 SCHEDULING ORDER, by Magistrate Judge Kristen L. Mix on 2/7/11. (klmcd )
February 7, 2011 Filing 25 Minute Entry for Scheduling Conference held before Magistrate Judge Kristen L. Mix on 2/7/2011; Plaintiffs shall file a Motion for Partial Stay of Discovery on or before 2/22/2011; Deadline for amending pleadings to state a claim for punitive damages is 6/7/2011; Discovery due by 11/11/2011; Dispositive Motions due by 12/12/2011; A settlement conference will be set upon a joint motion of the parties. Final Pretrial Conference set for 4/9/2012 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. (Court Reporter: FTR - Monique Wiles) (Attachments: #1 Sedona Principles, #2 CSS Instructions) (klmcd )
February 2, 2011 Filing 24 Proposed Scheduling Order by Counter Defendant Continental Western Insurance Company, Plaintiff Continental Western Insurance Company. (Spano, Brian)
January 12, 2011 Opinion or Order Filing 23 MINUTE ORDER granting #21 Plaintiff's Motion for Withdrawal of John R. Chase as Counsel for Plaintiff. Attorney John Roland Chase is relieved of any further representation of Plaintiff in this matter, by Magistrate Judge Kristen L. Mix on 1/12/11.(ebs, )
January 12, 2011 Filing 22 MEMORANDUM regarding #21 MOTION to Withdraw as Attorney for Plaintiff filed by Continental Western Insurance Company. Motions referred to Magistrate Judge Kristen L. Mix by Judge Walker D. Miller on 1/12/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, )
January 12, 2011 Filing 21 MOTION to Withdraw as Attorney for Plaintiff by Plaintiff Continental Western Insurance Company. (Attachments: #1 Proposed Order (PDF Only))(Chase, John)
January 10, 2011 Filing 20 Plaintiff's ANSWER/REPLY to #16 Answer to Complaint, Counterclaim by Continental Western Insurance Company.(Spano, Brian)
January 5, 2011 Opinion or Order Filing 19 MINUTE ORDER granting #17 Unopposed Motion to Vacate and Reset Scheduling Conference. Scheduling Conference reset for 2/7/2011 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 1/5/11.(ebs, )
January 5, 2011 Opinion or Order Filing 18 MEMORANDUM regarding #17 Unopposed MOTION to Vacate #15 Minute Order and Reset Scheduling Conference filed by Continental Western Insurance Company. Motions referred to Magistrate Judge Kristen L. Mix by Judge Walker D. Miller on 1/5/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, )
January 5, 2011 Filing 17 Unopposed MOTION to Vacate #15 Minute Order and Reset Scheduling Conference by Plaintiff Continental Western Insurance Company. (Attachments: #1 Proposed Order (PDF Only))(Chase, John)
December 20, 2010 Filing 16 ANSWER to #1 Complaint, JURY DEMAND AND, COUNTERCLAIM against Continental Western Insurance Company by Shay Construction, Inc..(Sitcoff, Jeremy)
November 17, 2010 Opinion or Order Filing 15 MINUTE ORDER: Scheduling Conference reset for 1/13/2011 11:30 AM before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 11/17/10. (ebs, )
October 28, 2010 Opinion or Order Filing 14 MINUTE ORDER granting #12 Unopposed Motion to Vacate and Reset Scheduling Conference. Scheduling Conference set for 11/18/2010 at 10:00 AM is vacated and reset to 1/12/2011 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 10/28/2010.(wjc, )
October 28, 2010 Opinion or Order Filing 13 MEMORANDUM regarding #12 Unopposed MOTION to Vacate #4 Order and Reset Scheduling Conference filed by Shay Construction, Inc..Motions referred to Magistrate Judge Kristen L. Mix by Judge Walker D. Miller on 10/28/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, )
October 28, 2010 Filing 12 Unopposed MOTION to Vacate #4 Order and Reset Scheduling Conference by Defendant Shay Construction, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Sitcoff, Jeremy)
October 28, 2010 Filing 11 NOTICE of Entry of Appearance by Jeremy Andrew Sitcoff on behalf of Shay Construction, Inc. (Sitcoff, Jeremy)
October 28, 2010 Filing 10 NOTICE of Entry of Appearance by Bradley Aaron Levin on behalf of Shay Construction, Inc. (Levin, Bradley)
October 28, 2010 Filing 9 WAIVER OF SERVICE Returned Executed by Continental Western Insurance Company. Shay Construction, Inc. waiver sent on 10/20/2010, answer due 12/20/2010. (Chase, John)
October 14, 2010 Filing 8 ANSWER to #1 Complaint, by Milender White Construction Co..(Mosley, Christopher)
September 24, 2010 Opinion or Order Filing 7 MINUTE ORDER granting #5 Stipulation for Extension of Time for Defendant Milender White Construction Co. to File Responsive Pleading to Plaintiff's Complaint. Milender White Construction Co. answer due 10/14/2010, by Magistrate Judge Kristen L. Mix on 9/24/10.(ebs, )
September 23, 2010 Filing 6 MEMORANDUM regarding #5 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Milender White Construction Co..Motions referred to Magistrate Judge Kristen L. Mix by Judge Walker D. Miller on 9/23/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, )
September 23, 2010 Filing 5 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Milender White Construction Co.. (Attachments: #1 Proposed Order (PDF Only) Order Granting Motion for Extension of Time)(Kerin, Melissa)
September 8, 2010 Opinion or Order Filing 4 ORDER: Scheduling Conference set for 11/18/2010 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 9/8/10. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3)(ebs, )
September 7, 2010 Opinion or Order Filing 3 ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix by Judge Walker D. Miller on 9/7/10. (wdmsec, )
August 31, 2010 Filing 2 CORPORATE DISCLOSURE STATEMENT, by Plaintiff Continental Western Insurance Company. (lyg, )
August 31, 2010 Filing 1 COMPLAINT for Declaratory Judgment against Milender White Construction Co., and Shay Construction, Inc. (Filing fee $ 350, Receipt Number 30885) Summons Issued, filed by Continental Western Insurance Company. (Attachments: #1 Exhibit A- Part 1, #2 Exhibit A- Part 2, #3 Civil Cover Sheet, #4 Receipt)(lyg, )

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Plaintiff: Continental Western Insurance Company
Represented By: Brian John Spano
Represented By: John Roland Chase
Represented By: Joshua Fredrick Bugos
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Defendant: Shay Construction, Inc.
Represented By: Bradley Aaron Levin
Represented By: Jeremy Andrew Sitcoff
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Defendant: Milender White Construction Co.
Represented By: Christopher Reynold Mosley
Represented By: Katherine Dawson Varholak
Represented By: Melissa Kerin Reagan
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