Westfield Insurance Company v. Kentuckiana Commercial Concrete, LLC et al
| Westfield Insurance Company and Westfield Insurance Co. |
| Kentuckiana Commercial Concrete, LLC and Doster Construction Company, Inc. |
| 3:2020cv00639 |
| September 11, 2020 |
| US District Court for the Western District of Kentucky |
| Benjamin Beaton |
| Colin H Lindsay |
| Greg N Stivers |
| Insurance |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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Filing 34
TRANSCRIPT REQUEST by Kentuckiana Commercial Concrete, LLC for proceedings held on 9/19/2023 before Judge Beaton, re #30 Notice of Appeal (Taylor, Gregory)
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Filing 33
USCA Case Number 23-5969 for #32 Notice of Appeal filed by Doster Construction Company, Inc. (case Manager: Beverly L. Harris) (JM)
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Filing 32
NOTICE OF APPEAL as to 29 Order on Motion for Judgment on the Pleadings, Status Conference, by Doster Construction Company, Inc.. Filing fee $ 505, receipt number AKYWDC-3912895. (Prewitt, H.)
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Filing 31
USCA Case Number 23-5921 for #30 Notice of Appeal filed by Kentuckiana Commercial Concrete, LLC. (DJT)
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Filing 30
NOTICE OF APPEAL as to 29 Order on Motion for Judgment on the Pleadings (DN #19 ), by Kentuckiana Commercial Concrete, LLC. Filing fee $ 505, receipt number AKYWDC-3903339. (Taylor, Gregory) Modified docket text on 10/19/2023 (HMC).
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Filing 29
TEXT ORDER: Judge Beaton held an electronic hearing in this case today and, for the reasons stated on the record, granted Westfield Insurance Co.'s motion for judgment on the pleadings (DN #19 ). With counsel's agreement, the Court will soon file a written opinion more fully and formally explaining its decision. (Court Reporter: Becky Boyd. TIC: 0/31) This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel (JM)
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Filing 28
TEXT ORDER: At the request of counsel, the Court reschedules the remote hearing set for 9/22/23 to 9/19/23 at 3:00 p.m. ET. The parties may connect to the Zoom hearing by audio only (cameras turned off), at https://www.zoomgov.com/j/1611611466?pwd=ZGZ1VUlSd3QxTVluMENoeUlkL1NOQT09. The meeting ID is 161 161 1466 and the passcode is 380478. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (SMJ)
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Filing 27
TEXT ORDER: The Court sets a remote hearing concerning the pending motion (DN #19 ) for 9/22/23 at 10:30 a.m. ET. The parties may connect to the Zoom hearing by audio only (cameras turned off) at https://www.zoomgov.com/j/1611611466?pwd=ZGZ1VUlSd3QxTVluMENoeUlkL1NOQT09. The meeting ID is 161 161 1466 and the passcode is 380478. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (SMJ)
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Filing 26
REPLY to Response of Doster Construction Company to Motion re #19 MOTION for Judgment on the Pleadings filed by Westfield Insurance Company. (Bass, Elizabeth) Modified docket text on 1/31/2023 (DeW).
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Filing 25
REPLY to Response of Kentuckiana Commercial Concrete to Motion re #19 MOTION for Judgment on the Pleadings filed by Westfield Insurance Company. (Bass, Elizabeth) Modified docket text on 1/31/2023 (DeW).
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Filing 24
RESPONSE to Motion re #19 MOTION for Judgment on the Pleadings filed by Doster Construction Company, Inc.. (Attachments: #1 Exhibit 1) (Prewitt, H.)
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Filing 23
RESPONSE to Motion re #19 MOTION for Judgment on the Pleadings filed by Kentuckiana Commercial Concrete, LLC. (Taylor, Gregory)
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Filing 22
NOTICE of Substitution of Counsel by Doster Construction Company, Inc. (Prewitt, H.)
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Filing 21
TEXT ORDER: The Court grants the parties' proposed agreed order (DN #20 ) for an extension of time for the Defendants to file their responses to the Plaintiff's Motion for Judgment on the Pleadings. The Defendants shall have until January 17, 2023, to respond to the Plaintiffs motion. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM)
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Filing 20
Proposed Agreed Order for Extension of Time by Kentuckiana Commercial Concrete, LLC. (Taylor, Gregory)
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Filing 19
MOTION for Judgment on the Pleadings by Plaintiff Westfield Insurance Company (Attachments: #1 Memorandum of Law in Support of Motion for Judgment on the Pleadings, #2 Proposed Order) (Bass, Elizabeth)
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Filing 18
AMENDED ANSWER to #1 Complaint,, by Kentuckiana Commercial Concrete, LLC. (Taylor, Gregory)
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Filing 17
ANSWER to #1 Complaint,, by Kentuckiana Commercial Concrete, LLC. (Taylor, Gregory)
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Filing 16
TEXT ORDER: Judge Beaton held a telephonic hearing on KCC's motion to dismiss (DN #9 ) today. The Court denied the motion for the reasons stated on the record. The Court grants KCC's agreed request for an extension of time to file its answer, which will be due on 5/3/22. TIC: 23 minutes. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
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Filing 15
TEXT ORDER: The Court grants Westfield Insurance Company's Motion for a Status Conference (DN #14 ) and sets a telephonic conference for 4/12/2022 at 1:00 P.M. Counsel may connect by dialing 888-363-4734 and entering access code 4268238. The Court would like the parties to consider whether there is an imminent controversy. Should counsel need to reschedule this conference to avoid a conflict, please contact opposing counsel and propose at least two mutually convenient alternative windows by contacting chambers at Judge_Beaton_Chambers@kywd.uscourts.gov. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM) Modified on 4/12/2022 - phone number added to text (SMJ).
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Filing 14
MOTION FOR STATUS CONFERENCE by Plaintiff Westfield Insurance Company (Attachments: #1 Proposed Order) (Bass, Elizabeth)
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Filing 13
TEXT ORDER by Judge Benjamin Beaton on 12/22/2020. Under 28 U.S.C. 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Colin H. Lindsay for hearing and determining all pretrial matters, including non-dispositive motions. Judge Lindsay may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD)
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Filing 12
TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to GO 20-26, this matter is reassigned to the docket of Judge Benjamin Beaton for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
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Filing 11
REPLY to Response to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kentuckiana Commercial Concrete, LLC. (Eddins, H.) Modified to edit event text on 11/23/2020 (JWM).
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Filing 10
RESPONSE to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Westfield Insurance Company. (Bass, Elizabeth)
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Filing 9
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kentuckiana Commercial Concrete, LLC (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order) (Eddins, H.)
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Filing 8
Corporate Disclosure Statement by Doster Construction Company, Inc.. (Jones, David)
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Filing 7
ANSWER to #1 Complaint, with Jury Demand, by Doster Construction Company, Inc.. (Jones, David) Modified to add Jury Demand on 10/13/2020 (CDF).
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Filing 6
SUMMONS Returned Executed by Westfield Insurance Company. Doster Construction Company, Inc. served on 9/21/2020, answer due 10/13/2020. (Bass, Elizabeth)
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Filing 5
SUMMONS Returned Executed by Westfield Insurance Company. Kentuckiana Commercial Concrete, LLC served on 9/18/2020, answer due 10/9/2020. (Bass, Elizabeth)
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Filing 4
Summonses Issued as to Doster Construction Company, Inc. and Kentuckiana Commercial Concrete, LLC. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (Attachments: #1 Summons Issued as to Kentuckiana Commercial Concrete, LLC) (DLW)
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Filing 3
Corporate Disclosure Statement by Westfield Insurance Company. (DLW)
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Filing 2
Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (DLW)
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Filing 1
COMPLAINT against Doster Construction Company, Inc. and Kentuckiana Commercial Concrete, LLC. Filing fee $400, receipt number 0644-3183077, filed by Westfield Insurance Company. (Attachments: #1 Exhibit A Correspondence enclosing Demand for Arbitration and Attachment, #2 Exhibit B Doster's Demand for Arbitration, #3 Exhibit C Certified copy of Westfield's policy, #4 Cover Sheet, #5 Summons Tendered - Doster Construction Company, Inc., #6 Summons Tendered - Kentuckiana Commercial Concrete, LLC) (DLW) Modified on 9/14/2020 (DLW).
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