Shames Construction Company, LTD v. Berkley Assurance Company
| Shames Construction Company, LTD. |
| Berkley Assurance Company |
| 1:2025cv02692 |
| August 28, 2025 |
| U.S. District Court for the District of Colorado |
| S Kato Crews |
| Timothy P O'Hara |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 26, 2026. A more recent docket listing may be available from PACER.
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Filing 26
MINUTE ORDER. Before this Court is the Parties' Joint Motion to Stay. ECF #24 . The Court grants the Joint Motion [ECF #24 ]. All proceedings therefore are stayed until resolution of the Motion to Dismiss [ECF #12 ]. Within seven days of that rulingshould the motion be denied in whole or in part and the case allowed to continuethe Parties shall file a motion to reset the Scheduling Conference. By Magistrate Judge Timothy P. O'Hara on 1/26/2026.(ggill, )
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| Filing 25 MEMORANDUM regarding #24 Joint MOTION to Stay Proceeding Pending Ruling on Defendant's FRCP 12(b)(6) Motion to Dismiss filed by Berkley Assurance Company. Motion referred to Magistrate Judge Timothy P O'Hara. By Judge S. Kato Crews on 1/23/2026. Text Only Entry (skcja, ) |
| Filing 24 Joint MOTION to Stay Proceeding Pending Ruling on Defendant's FRCP 12(b)(6) Motion to Dismiss by Defendant Berkley Assurance Company. (Chasin, Chris) |
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Filing 23
MINUTE ORDER. This matter comes before this Court upon its own review of the case record. By January 23, 2026, the Parties shall file a joint motion either to stay this case or to reset the Scheduling Conference. By Magistrate Judge Timothy P. O'Hara on 1/13/2026. (ggill, )
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Filing 22
MINUTE ORDER. In light of the Parties' anticipated joint motion to stay and the Parties' email to Chambers indicating no objection to vacating it, the Scheduling Conference on December 2, 2025 is vacated.This Court will reset the Scheduling Conference at the later appropriate time. By Magistrate Judge Timothy P O'Hara on 12/1/2025. (amona,)
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| Filing 21 Proposed Scheduling Order by Plaintiff Shames Construction Company, LTD.. (Bourke, Cody) |
| Filing 20 NOTICE of Entry of Appearance by Max H. Stern on behalf of Berkley Assurance CompanyAttorney Max H. Stern added to party Berkley Assurance Company(pty:dft) (Stern, Max) |
| Filing 19 NOTICE of Entry of Appearance by Timothy J. Witczak on behalf of Berkley Assurance CompanyAttorney Timothy J. Witczak added to party Berkley Assurance Company(pty:dft) (Witczak, Timothy) |
| Filing 18 REPLY to Response to #12 MOTION to Dismiss for Failure to State a Claim filed by Defendant Berkley Assurance Company. (Attachments: #1 Continuation of Main Document request for judicial notice, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4)(Chasin, Chris) |
| Filing 17 RESPONSE to #12 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Shames Construction Company, LTD.. (Bourke, Cody) |
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Filing 16
ORDER granting #15 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. For good cause, Plaintiff is granted an extension of up to and including October 2, 2025 to file a response to the #12 Motion to Dismiss. Defendant shall file a reply on or before October 23, 2025. By Judge S. Kato Crews on 9/22/2025. Text Only Entry(skcja, )
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Failure to State a Claim by Plaintiff Shames Construction Company, LTD.. (Attachments: #1 Proposed Order (PDF Only) Granting Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss)(Bourke, Cody) |
| Filing 14 NOTICE of Entry of Appearance by Emma S. Sargent on behalf of Shames Construction Company, LTD.Attorney Emma S. Sargent added to party Shames Construction Company, LTD.(pty:pla) (Sargent, Emma) |
| Filing 13 NOTICE of Entry of Appearance by Cody Clayton Bourke on behalf of Shames Construction Company, LTD.Attorney Cody Clayton Bourke added to party Shames Construction Company, LTD.(pty:pla) (Bourke, Cody) |
| Filing 12 MOTION to Dismiss for Failure to State a Claim by Defendant Berkley Assurance Company. (Attachments: #1 declaration)(Chasin, Chris) |
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Filing 11
MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 9/2/2025. Pursuant to the Order of Reference, this Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on December 2, 2025 at 11:30 a.m. (Mountain Time) in Courtroom C- 402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) submit the proposed Scheduling Order in Word format by joint email, copying all Parties, to Chambers at #o'[email protected]. (ggill, )
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Filing 10
ORDER REFERRING CASE to Magistrate Judge Timothy P O'Hara for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at their discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge S. Kato Crews on 8/28/2025. Text Only Entry (skcja, )
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| Filing 9 Exhibits in Support of #1 Notice of Removal, Docket Sheet from State Court by Defendant Berkley Assurance Company. (Chasin, Chris) |
| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) |
| Filing 7 Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry (eguth, ) |
| Filing 6 PLAINTIFF'S COMPLAINT and Jury Demand against Berkley Assurance Company, filed by Shames Construction Company, LTD..(eguth, ) |
| Filing 5 ADMINISTRATIVE NOTICE to filer of noncompliance with Notice of Removal case opening procedures. State court documents were not submitted pursuant to Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a. See Appendix B Notice of Removal in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry.) (eguth, ) |
| Filing 4 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) (eguth, ) |
| Filing 3 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (eguth, ) |
| Filing 2 ADMINISTRATIVE NOTICE to filer of non-compliance with Notice of Removal case opening procedures. Pursuant to Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. Section 1446a, each of the state court documents shall be individual PDFs. See Appendix B Notice of Removal in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry.) (eguth, ) |
| Filing 1 NOTICE OF REMOVAL by Shames Construction Company from District Court, Las Animas County, Colorado, Case Number 2025cv30023. (Filing fee $ 405, Receipt Number ACODC-10522423), filed by Shames Construction Company. (Attachments: #1 Exhibit Ex. A Summons and Plaintiff's Complaint and Jury Demand, #2 Civil Cover Sheet Civil Cover Sheet)(Chasin, Chris) |
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