Sun Well Service, Inc. v. Berkeley National Insurance Company
| SUN WELL SERVICE, INC. and Sun Well Service, Inc |
| BERKLEY NATIONAL INSURANCE COMPANY |
| 1:2021cv02122 |
| August 5, 2021 |
| US District Court for the District of Colorado |
| Robert E Blackburn |
| S Kato Crews |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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| Filing 47 STATEMENT re #46 Reply to Response to Motion for summary judgment regarding choice of law and plaintiff's fourth claim for relief by Defendant Berkley National Insurance Company. (Attachments: #1 Exhibit Ex. 28. 18.06.19 Rolshoven Rpt re Lawson, #2 Exhibit Ex. 29 Communications by Sun Well from ND, #3 Exhibit Ex. 30 Johnsrud Aff. re. costs, #4 Exhibit Ex. 31 Communications re mediation)(Joyce, Kyle) |
| Filing 46 REPLY to Response to #40 MOTION for Summary Judgment Regarding Choice of Law and Plaintiff's Fourth Claim for Relief filed by Defendant Berkley National Insurance Company. (Joyce, Kyle) |
| Filing 45 STATEMENT re #44 Brief in Opposition to Motion for Summary Judgment Regarding Choice of Law and Plaintiff's Fourth Claim for Relief by Plaintiff Sun Well Service, Inc. (Attachments: #1 Exhibit Declaration of Stewart Peterson, #2 Exhibit Declaration of Tab R. Turano, #3 Exhibit Exhibit 1 to Declaration of Tab R. Turano, #4 Exhibit Exhibit 2 to Declaration of Tab R. Turano, #5 Exhibit Exhibit 3 to Declaration of Tab R. Turano)(Turano, Tab) |
| Filing 44 BRIEF in Opposition to #40 MOTION for Summary Judgment Regarding Choice of Law and Plaintiff's Fourth Claim for Relief filed by Plaintiff Sun Well Service, Inc. (Turano, Tab) |
| Filing 43 NOTICE of Change of Address/Contact Information by Christopher Reynold Mosley (Mosley, Christopher) |
| Filing 42 NOTICE of Entry of Appearance of Tab R. Turano by Tab Turano on behalf of Sun Well Service, IncAttorney Tab Turano added to party Sun Well Service, Inc(pty:pla) (Turano, Tab) |
| Filing 41 STATEMENT re #40 MOTION for Summary Judgment Regarding Choice of Law and Plaintiff's Fourth Claim for Relief by Defendant Berkley National Insurance Company. (Attachments: #1 Exhibit Ex. 1 Cert. Policy, #2 Exhibit Ex. 2 Iowa Sec. of State - BNIC, #3 Exhibit Ex. 3 SOS re Steel, Black Hawk and Rogue, #4 Exhibit Ex. 4 North Dakota Secretary of State - sun well, #5 Exhibit Ex. 5 CO - SOS - Sun Well Service Inc, #6 Exhibit Ex. 6 5.29.19 SM Energy Complaint, #7 Exhibit Ex. 7 Sun Well Incident Rpt, #8 Exhibit Ex. 8 SM Energy Job Daily Ops, #9 Exhibit Ex. 9 Sundry Ntc & Rpt on Wells Form 4, #10 Exhibit Ex. 10 Sun Well Inv. re Well, #11 Exhibit Ex. 11 truck Mounted rig schedule, #12 Exhibit Ex. 12 17.06.22 EM Sun Well to Ins. Agent re Incident, #13 Exhibit Ex. 13 Great Plains investigation, #14 Exhibit Ex. 14 Notice of Termination of Lawson, #15 Exhibit Ex. 15 Risk Survey Memo & Emails, #16 Exhibit Ex. 16 Sched of Real Prop, #17 Exhibit Ex. 17 18.02.09 Ltr re Liability (showing ND), #18 Exhibit Ex. 18 Em re moving offices, #19 Exhibit Ex. 19 SM Energy Corrected Compl. and Sun Well Ans, #20 Exhibit Ex. 20 1st Amd comp and ans, #21 Exhibit Ex. 21 underwriting email, #22 Exhibit Ex. 22 Sun Well Service Website, #23 Exhibit Ex. 23 USGS Map of Williston Basin, #24 Exhibit Ex. 24 Monthly Safety Meetings - Sun Well, #25 Exhibit Ex. 25 Vehicle Schedule, #26 Exhibit Ex. 26 Historical Payroll by State, #27 Exhibit Ex. 27 Aff. of C. Davant)(Joyce, Kyle) |
| Filing 40 MOTION for Summary Judgment Regarding Choice of Law and Plaintiff's Fourth Claim for Relief by Defendant Berkley National Insurance Company. (Joyce, Kyle) |
Filing 39
ORDER granting #38 Motion for Extension of Time to File. The Court finds good cause to GRANT the unopposed Motion. SO ORDERD by Magistrate Judge S. Kato Crews on 4-21-2022. Text Only Entry (skclc2).
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| Filing 38 Unopposed MOTION for Extension of Time to the summary judgment briefing schedule re: choice of law issues by Defendant Berkley National Insurance Company. (Joyce, Kyle) |
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Filing 37
ORDER: In light of the present stay of discovery, the Court finds as moot #33 Motion for Extension of Time to File re #33 Stipulated MOTION for Extension of Time to Extend Expert Disclosure Deadlines. Discovery deadlines will be reset following the resolution of the forthcoming Motion for Summary Judgment. By Magistrate Judge S. Kato Crews on 4/8/2022. Text Only Entry (skclc1)
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Filing 36
ORDER granting #34 Motion to Withdraw #34 MOTION to Withdraw Entry of Appearance of Tae E. Andrews. Attorney Andrews is terminated as counsel of record in this matter. By Magistrate Judge S. Kato Crews on 4/8/2022. Text Only Entry(skclc1)
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Filing 35
MINUTE ORDER: Following a phone call between counsel for the parties and Judge Crews' chambers, the parties are given leave to file a motion for summary judgment regarding the choice-of-law issues. The Motion shall be filed on or before April 22, 2022. The Response is due 14 days following submission of the motion, and the reply is due seven days thereafter. Discovery in this case is STAYED pending the resolution of this issue. By Magistrate Judge S. Kato Crews on 4/8/2022. Text Only Entry (skclc1)
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| Filing 34 MOTION to Withdraw Entry of Appearance of Tae E. Andrews by Plaintiff Sun Well Service, Inc. (Attachments: #1 Proposed Order (PDF Only))(Friel, Brian) |
| Filing 33 Stipulated MOTION for Extension of Time to Extend Expert Disclosure Deadlines by Plaintiff Sun Well Service, Inc. (Attachments: #1 Proposed Order (PDF Only))(Friel, Brian) |
| Filing 32 Joint STATUS REPORT Request for Status Conference by Plaintiff Sun Well Service, Inc. (Friel, Brian) |
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Filing 31
STIPULATED PROTECTIVE ORDER by Magistrate Judge S. Kato Crews on February 22, 2022. (csarr, )
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Filing 30
ORDER granting #29 Motion for Protective Order by Magistrate Judge S. Kato Crews on February 22, 2022. Text Only Entry(csarr, )
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| Filing 29 Stipulated MOTION for Protective Order by Defendant Berkley National Insurance Company. (Attachments: #1 Proposed Order (PDF Only), #2 Exhibit)(Joyce, Kyle) |
| Filing 28 Joint STATUS REPORT by Plaintiff Sun Well Service, Inc. (Mosley, Christopher) |
| Filing 27 Joint STATUS REPORT by Defendant Berkley National Insurance Company. (Chase, John) |
| Filing 26 Joint STATUS REPORT by Plaintiff Sun Well Service, Inc. (Mosley, Christopher) |
| Filing 25 Joint STATUS REPORT by Plaintiff Sun Well Service, Inc. (Mosley, Christopher) |
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Filing 24
CONSENT CASE PRACTICE AND TRIAL PREPARATION ORDER issued by Magistrate Judge S. Kato Crews on 10/12/2021. (skclc1)
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Filing 23
SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 10/12/2022. (amont, )
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| Filing 22 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Telephone Scheduling Conference held on 10/12/2021. ORDERED: Counsel shall submit a joint status report by 10/22/2021. updating the Court on the status of mediation. Discovery due by 4/29/2022. Dispositive Motions due by 7/22/2022. Joint Status Report due by 1/5/2022. Telephone Final Pretrial and Trial Preparation Conference set for 9/27/2022 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. A five-day Jury Trial is set for 10/31/2022 08:30 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. FTR: Courtroom C-201. (amont, ) |
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Filing 21
ORDER OF REFERENCE Upon #20 Consent to Jurisdiction of Magistrate Judge. Case reassigned to Magistrate Judge S. Kato Crews. By Judge Robert E. Blackburn on 10/06/2021. (athom, )
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| Filing 20 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Sun Well Service, Inc All parties consent.. (Mosley, Christopher) |
| Filing 19 Proposed Scheduling Order by Plaintiff Sun Well Service, Inc. (Mosley, Christopher) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Steel Energy Services Ltd. for Sun Well Service, Inc. (Andrews, Tae) |
| Filing 17 NOTICE of Entry of Appearance of Tae E. Andrews by Tae Edward Andrews on behalf of Sun Well Service, IncAttorney Tae Edward Andrews added to party Sun Well Service, Inc(pty:pla) (Andrews, Tae) |
| Filing 16 NOTICE of Entry of Appearance of Brian G. Friel by Brian G. Friel on behalf of Sun Well Service, IncAttorney Brian G. Friel added to party Sun Well Service, Inc(pty:pla) (Friel, Brian) |
| Filing 15 NOTICE of Entry of Appearance by Christopher Reynold Mosley on behalf of Sun Well Service, IncAttorney Christopher Reynold Mosley added to party Sun Well Service, Inc(pty:pla) (Mosley, Christopher) |
| Filing 14 ANSWER to #9 Complaint by Berkley National Insurance Company.(Joyce, Kyle) |
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Filing 13
MINUTE ORDER Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 10/12/2021 at 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 10/5/2021. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 8/20/2021. Text Only Entry (skclc1)
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Filing 12
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge: (1) To convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling order and resolve discovery matters; provided, further that the scheduling conference, the Magistrate Judge shall advise the parties of Judge Blackburns practice standards found at www.cod.uscourts.gov.; (2) To hear and finally determine non-dispositive matters that have been referred, subject to the exceptions found in 28 U.S.C. 636(b)(1)(A); and (3) To hear and make recommendations on dispositive matters that have been referred as defined in 28 U.S.C. 636(b)(1)(A). Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Robert E. Blackburn on 8/9/21. Text Only Entry (rebsec)
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| Filing 11 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Berkley National Insurance Company. Berkley National Insurance Company answer due 9/02/2021. (Chase, John) Modified on 9/17/2021 to correct text , filer and applicable party (athom, ). |
| Filing 10 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jsalz, ) |
| Filing 9 COMPLAINT and Jury Demand against Berkley National Insurance Company, filed by Sun Well Service, Inc.(jsalz, ) |
| Filing 8 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (jsalz, ) |
| Filing 7 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (jsalz, ) |
| Filing 6 NOTICE of Entry of Appearance on Behalf of Defendant by John Roland Chase on behalf of BERKLEY NATIONAL INSURANCE COMPANYAttorney John Roland Chase added to party BERKLEY NATIONAL INSURANCE COMPANY(pty:dft) (Chase, John) |
| Filing 5 NOTICE of Filing of State Court Docket Sheet by Defendant BERKLEY NATIONAL INSURANCE COMPANY (Attachments: #1 Exhibit Ex. 1)(Joyce, Kyle) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent W.R. Berkley Corporation for BERKLEY NATIONAL INSURANCE COMPANY. (Joyce, Kyle) |
| Filing 3 NOTICE Supplemental Civil Cover Sheet for Notices of Removal by Defendant BERKLEY NATIONAL INSURANCE COMPANY (Joyce, Kyle) |
| Filing 2 NOTICE CIVIL COVER SHEET by Defendant BERKLEY NATIONAL INSURANCE COMPANY (Joyce, Kyle) |
| Filing 1 NOTICE OF REMOVAL by BERKLEY NATIONAL INSURANCE COMPANY from Sun Well Service, Inc. v. Berkley National Insurance Company, Case Number 21-cv-30481. (Filing fee $ 402, Receipt Number ACODC-8004020), filed by BERKLEY NATIONAL INSURANCE COMPANY. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G)(Joyce, Kyle) |
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