Detroit Public School Community District v A Quality Staffing et al
| Detroit Public School Community District a/k/a Detroit Board of Education, A Quality Staffing d/b/a Elite Medical Staffing, Elite Medical Staffing, LLC, Zurich American Insurance Company and American Guarantee and Liability Insurance Company |
| 2:2022cv10319 |
| February 15, 2022 |
| US District Court for the Eastern District of Michigan |
| Kimberly G Altman |
| Terrence G Berg |
| Mark A Goldsmith |
| Elizabeth A Stafford |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 61 MOTION to Quash Defendant Zurich's Nonparty Subpoenas Under FRCP 45 by Detroit Public School Community District a/k/a Detroit Board of Education. (Attachments: #1 Index of Exhibits, #2 Exhibit A-I to Motion to Quash) (Conn, Eric) |
| Minute Entry for telephonic proceedings before District Judge Terrence G. Berg: Telephonic Status Conference held on 8/24/2023. Plaintiff's request for leave to file discovery motion is granted. The motion shall not exceed 20 pages and must be filed no later than 08/30/23. (Dispositive Motion Cut-off reset for 10/20/2023) (Court Reporter: None Present, Not on the Record) (AChu) |
| Set Deadlines/Hearings: Status Conference reset for 8/23/2023 03:30 PM before District Judge Terrence G. Berg (AChu) |
| TEXT-ONLY NOTICE: Status Conference on 8/14/2023 is Cancelled (AChu) |
| Set Deadlines/Hearings: TELEPHONIC Status Conference reset for 8/14/2023 03:30 PM before District Judge Terrence G. Berg (AChu) |
Filing 60
STIPULATION AND ORDER Extending Discovery Deadline and Dispositive Motion Cut Off. (Discovery due by 9/11/2023, Dispositive Motion Cut-off set for 10/13/2023) Signed by District Judge Terrence G. Berg. (AChu)
|
| Filing 59 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 8/7/2023 04:30 PM before District Judge Terrence G. Berg (AChu) |
|
TEXT-ONLY ORDER re #59 Notice to Appear. Parties are ORDERED to meet and confer telephonically or in-person on or before 08/03/2023 regarding the discovery dispute in this matter. Parties are directed to make good faith efforts to resolve the dispute and to narrow the issues that will be presented. A total of fifteen minutes will be allocated for the conference before the Court and parties are instructed to be prepared to present in a concise manner within that time limit. In the event that parties are able to resolve the dispute, they are directed to contact chambers to cancel the telephone conference. Signed by District Judge Terrence G. Berg. (AChu) Modified on 7/25/2023 (AChu).
|
| Minute Entry for telephonic proceedings before District Judge Terrence G. Berg: Telephonic Status Conference held on 6/20/2023. (Discovery due by 8/21/2023, Dispositive Motion Cut-off set for 9/22/2023) (Court Reporter: None Present, Not on the Record) (AChu) |
| Filing 58 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 6/20/2023 10:00 AM before District Judge Terrence G. Berg (AChu) |
|
Filing 57
STIPULATION AND ORDER Regarding Mediation, Pending Motions for Summary Judgment, and Discovery. Mediation scheduled for 06/01/2023. Signed by District Judge Terrence G. Berg. (AChu)
|
| Filing 56 REPLY to Response re #48 MOTION for Summary Judgment as to Zurich's affirmative defense no. 8 and as to all counts in Trinity's first amended complaint that seek relief via subrogation filed by American Guarantee and Liability Insurance Company, Zurich American Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (O'Gallagher, Brian) |
|
Filing 55
STIPULATION AND ORDER Extending Zurich's Time to File its Reply Brief in Support of Zurich's #48 Motion for Summary Judgment. Signed by District Judge Terrence G. Berg. (AChu)
|
| Filing 54 RESPONSE to #48 MOTION for Summary Judgment as to Zurich's affirmative defense no. 8 and as to all counts in Trinity's first amended complaint that seek relief via subrogation filed by All Plaintiffs. (Attachments: #1 Exhibit) (Diemer, Timothy) |
| Filing 53 REPLY to Response re #45 MOTION for Partial Summary Judgment UNDER FRCP 56 AS TO COUNTS I AND III filed by All Plaintiffs. (Diemer, Timothy) |
|
Filing 52
STIPULATION AND ORDER to Extend Time for Plaintiff Trinity, Inc. to Respond re #48 MOTION for Summary Judgment as to Zurich's affirmative defense no. 8 and as to all counts in Trinity's first amended complaint that seek relief via subrogation filed by Zurich American Insurance Company. Response due by 5/2/2023 Signed by District Judge Terrence G. Berg. (AChu)
|
|
Filing 51
STIPULATION AND ORDER to Extend Time to Reply re #45 MOTION for Partial Summary Judgment filed by Detroit Public School Community District a/k/a Detroit Board of Education. Reply due by 4/26/2023 Signed by District Judge Terrence G. Berg. (AChu)
|
| Filing 50 RESPONSE to #45 MOTION for Partial Summary Judgment filed by A Quality Staffing d/b/a Elite Medical Staffing, Elite Medical Staffing, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K) (Wilinski, Nicole) |
| Filing 49 NOTICE of Joinder/Concurrence in #48 MOTION for Summary Judgment as to Zurich's affirmative defense no. 8 and as to all counts in Trinity's first amended complaint that seek relief via subrogation filed by Zurich American Insurance Company by A Quality Staffing d/b/a Elite Medical Staffing, Elite Medical Staffing, LLC (Wilinski, Nicole) |
| Filing 48 MOTION for Summary Judgment as to Zurich's affirmative defense no. 8 and as to all counts in Trinity's first amended complaint that seek relief via subrogation by Zurich American Insurance Company. (O'Gallagher, Brian) |
| Filing 47 Notice of Determination of Motion Without Oral Argument re #45 MOTION for Partial Summary Judgment (AChu) |
|
Filing 46
SCHEDULING ORDER: Discovery due by 6/16/2023 Dispositive Motion Cut-off set for 7/17/2023 Signed by District Judge Terrence G. Berg. (Refer to image for additional dates) (AChu)
|
| Filing 45 MOTION for Partial Summary Judgment by Detroit Public School Community District a/k/a Detroit Board of Education. (Attachments: #1 Index of Exhibits, #2 Exhibit A-Indemnification paragraphs of Elite and Trinity Supplier Agreements, #3 Exhibit B-Underlying Boykins Complaint, #4 Exhibit C-Elite Supplier Agreement, #5 Exhibit D-Trinity, Inc. Supplier Agreement, #6 Exhibit E-Elite Purchase Order dated 7/30/18, #7 Exhibit F-Boykins' Response to Elite's Motion for Summary Judgment, #8 Exhibit G-Tender of Defense Letter from DPS to Elite dated 8/17/20, #9 Exhibit H-Redacted Release Between Trinity and Nurse Burns) (Diemer, Timothy) |
| Minute Entry for telephonic proceedings before District Judge Terrence G. Berg: Telephonic Status Conference held on 3/15/2023 (Court Reporter: None Present, Not on the Record) (AChu) |
| Filing 44 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 3/15/2023 10:00 AM before District Judge Terrence G. Berg (AChu) |
| Minute Entry for virtual proceedings before Magistrate Judge Elizabeth A. Stafford: Settlement Conference held on 3/9/2023. Disposition: No settlement reached. (Court Reporter: None Present, Not on the Record) (MarW) |
|
Filing 43
ORDER granting #42 Motion to Withdraw Appearance of Kenneth C. Newa and Nicole C. Ruggirello. Signed by District Judge Terrence G. Berg. (AChu)
|
| Filing 42 MOTION for Withdrawal of Attorney Kenneth C. Newa and Nicole C. Ruggirello by American Guarantee and Liability Insurance Company, Zurich American Insurance Company. (Attachments: #1 Proposed Order) (Newa, Kenneth) |
| Filing 41 NOTICE of Appearance by Ronald L. Cornell, Jr on behalf of American Guarantee and Liability Insurance Company, Zurich American Insurance Company. (Cornell, Ronald) |
| Set/Reset Scheduling Order Deadlines: Virtual Settlement Conference reset for 3/9/2023 at 10:00 AM before Magistrate Judge Elizabeth A. Stafford. (MarW) |
|
Filing 40
AGREED PROTECTIVE ORDER. Signed by District Judge Terrence G. Berg. (AChu)
|
|
Filing 39
ORDER of Attorney Withdrawal as to Patrick D. Crandell. Signed by District Judge Terrence G. Berg. (AChu)
|
| Filing 38 NOTICE of Appearance by Nicole E. Wilinski on behalf of A Quality Staffing d/b/a Elite Medical Staffing, Elite Medical Staffing, LLC. (Wilinski, Nicole) |
| Filing 37 AMENDED NOTICE TO APPEAR IN PERSON: Confidential settlement statement due by 3/2/2023; Settlement Conference reset for 3/9/2023 at 10:00 AM before Magistrate Judge Elizabeth A. Stafford. (Attachments: #1 Document Continuation) (MarW) |
| Set/Reset Scheduling Order Deadlines: Settlement Conference reset for 2/27/2023 at 10:00 AM before Magistrate Judge Elizabeth A. Stafford. (Court's adjournment) (MarW) |
| Filing 36 ANSWER to #32 Answer (Free),, by Plaintiff/Counter-Defendant to Amended Counter Complaint of Zurich American including Affirmative Defenses and Reliance on Jury Demand by Detroit Public School Community District a/k/a Detroit Board of Education. (Diemer, Timothy) |
| Filing 35 NOTICE of Appearance by Brian O'Gallagher on behalf of American Guarantee and Liability Insurance Company, Zurich American Insurance Company. (O'Gallagher, Brian) |
| Filing 34 NOTICE TO APPEAR IN PERSON: Confidential settlement statement due by 2/21/2023; Settlement Conference reset for 2/28/2023 at 10:00 AM before Magistrate Judge Elizabeth A. Stafford. (Attachments: #1 Document Continuation) (MarW) |
|
TEXT-ONLY ORDER Granting #33 Motion to Adjourn Settlement Conference to February 2023. A separate email will be sent to parties with available dates in February. Signed by Magistrate Judge Elizabeth A. Stafford. (MarW)
|
| Filing 33 MOTION to Adjourn THE JANUARY 17, 2023 SETTLEMENT CONFERENCE by American Guarantee and Liability Insurance Company, Zurich American Insurance Company. (Ruggirello, Nicole) |
| Filing 32 ANSWER to #27 Amended Document, ANSWER TO PLAINTIFF/COUNTER-DEFENDANT'S FIRST AMENDED COMPLAINT FOR DECLARATORY JUDGMENT, AFFIRMATIVE AND/OR AVOIDANCE DEFENSES, AND COUNTERCLAIM FOR DECLARATORY JUDGMENT by American Guarantee and Liability Insurance Company, Zurich American Insurance Company. (Attachments: #1 Exhibit A - Second Amended Complaint in Underlying Litigation, #2 Exhibit B-1 - Certified copies of the Zurich Policies, #3 Exhibit B-2 - Certified copies of the Zurich Policies, #4 Exhibit C-1 - Certified copies of the American Guarantee Policies, #5 Exhibit C-2 - Certified copies of the American Guarantee Policies, #6 Exhibit D - Trinity DPS Contract) (Ruggirello, Nicole) |
|
Filing 31
STIPULATION AND ORDER to Extend Time for Zurich American Insurance Co. and American Guarantee and Liability Insurance Co. to Respond re #27 Amended Document, filed by Detroit Public School Community District a/k/a Detroit Board of Education. Response due by 12/28/2022 Signed by District Judge Terrence G. Berg. (AChu)
|
| Filing 30 ANSWER to Complaint with Affirmative Defenses by A Quality Staffing d/b/a Elite Medical Staffing, Elite Medical Staffing, LLC. (Crandell, Patrick) |
| Filing 29 NOTICE TO APPEAR IN PERSON: Confidential settlement statement due by 1/10/2023; Settlement Conference set for 1/17/2023 10:00 AM before Magistrate Judge Elizabeth A. Stafford. (Attachments: #1 Document Continuation) (MarW) |
| Filing 28 NOTICE of Correction re Minute Entry for Status Conference. DOCKET ENTRY WAS MADE ON THE WRONG CASE. (AChu) |
| Filing 27 AMENDED #1 Complaint,,, by Detroit Public School Community District a/k/a Detroit Board of Education First Amended Complaint (Attachments: #1 Index of Exhibits to First Amended Complaint, #2 Exhibit A-Contract, #3 Exhibit B-2nd Amd Comp in underlying case, #4 Exhibit C-Letter of 8/17/20, #5 Exhibit D-Letter of 5/9/22, #6 Exhibit E-Zurich Policy, #7 Exhibit F-American Guarantee Policy) (Diemer, Timothy) |
| [ENTERED ON WRONG DOCKET] Minute Entry for telephonic proceedings before District Judge Terrence G. Berg: Telephonic Status Conference held on 11/29/2022, ( TELEPHONIC Status Conference, **Initiated by Plaintiff** set for 1/30/2023 04:00 PM before District Judge Terrence G. Berg) (Court Reporter: None Present, Not on the Record) (AChu) |
|
Filing 26
ORDER REFERRING OTHER MATTERS to Magistrate Judge Stafford : Settlement Conference. Signed by District Judge Terrence G. Berg. (AChu)
|
| Minute Entry for telephonic proceedings before District Judge Terrence G. Berg: Telephonic Status Conference held on 11/16/2022 (Court Reporter: None Present, Not on the Record) (AChu) |
| Filing 25 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 11/16/2022 10:00 AM before District Judge Terrence G. Berg (AChu) |
| Minute Entry for in-person proceedings before District Judge Shalina D. Kumar: Settlement Conference held on 8/23/2022. Disposition: No settlement reached (Court Reporter: None Present, Not on the Record) (THal) |
| Filing 24 NOTICE TO APPEAR IN PERSON: Settlement Conference set for 8/23/2022 01:00 PM before District Judge Shalina D. Kumar in Flint. (THal) |
|
Filing 23
ORDER Regarding Upcoming Settlement Conference. Signed by District Judge Terrence G. Berg. (AChu)
|
| Minute Entry for in-person proceedings before District Judge Shalina D. Kumar: Settlement Conference held on 6/2/2022. Disposition: No settlement reached. Continued Settlement Conference to be scheduled to occur before 7/31/2022. (Court Reporter: None Present, Not on the Record) (THal) |
| Minute Entry for telephonic proceedings before District Judge Shalina D. Kumar: Telephonic Status Conference held on 5/17/2022. (Court Reporter: None Present, Not on the Record) (THal) |
| Filing 22 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/17/2022 10:00 AM before District Judge Shalina D. Kumar. The parties are to use the call-in information provided in this Notice. (THal) |
| Filing 21 NOTICE TO APPEAR IN PERSON: Settlement Conference set for 6/2/2022 11:00 AM before District Judge Shalina D. Kumar in Flint. (THal) |
| Filing 20 ANSWER to Counterclaim with Affirmative Defenses by All Plaintiffs. (Diemer, Timothy) |
| Minute Entry for telephonic proceedings before District Judge Terrence G. Berg: Telephonic Status Conference held on 4/19/2022 (Court Reporter: None Present, Not on the Record) (AChu) |
| Filing 19 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 4/11/2022 10:00 AM before District Judge Terrence G. Berg (AChu) |
| Set Deadlines/Hearings: TELEPHONIC Status Conference reset for 4/19/2022 10:00 AM before District Judge Terrence G. Berg (AChu) |
| Filing 18 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by American Guarantee and Liability Insurance Company (Attachments: #1 Exhibit 1) (Ruggirello, Nicole) |
| Filing 17 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Zurich American Insurance Company (Attachments: #1 Exhibit 1) (Ruggirello, Nicole) |
| Filing 16 ANSWER to Complaint with Affirmative Defenses , COUNTERCLAIM for Declaratory Judgment filed by Zurich American Insurance Company, American Guarantee and Liability Insurance Company against Detroit Public School Community District a/k/a Detroit Board of Education by Zurich American Insurance Company, American Guarantee and Liability Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B1, #3 Exhibit B2, #4 Exhibit C1, #5 Exhibit C2) (Ruggirello, Nicole) |
| Filing 15 NOTICE of Appearance by Kenneth C. Newa on behalf of Zurich American Insurance Company. (Newa, Kenneth) |
| Filing 14 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Elite Medical Staffing, LLC (Crandell, Patrick) |
| Filing 13 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by A Quality Staffing d/b/a Elite Medical Staffing (Crandell, Patrick) |
| Filing 12 ANSWER to Complaint with Affirmative Defenses by A Quality Staffing d/b/a Elite Medical Staffing, Elite Medical Staffing, LLC. (Crandell, Patrick) |
| Filing 11 NOTICE of Appearance by Patrick D. Crandell on behalf of A Quality Staffing d/b/a Elite Medical Staffing, Elite Medical Staffing, LLC. (Crandell, Patrick) |
|
Filing 10
STIPULATION AND ORDER to Extend Time to Respond re #1 Complaint. Response due by 3/31/2022 Signed by District Judge Terrence G. Berg. (AChu)
|
| Filing 9 NOTICE of Appearance by Nicole C. Ruggirello on behalf of American Guarantee and Liability Insurance Company, Zurich American Insurance Company. (Ruggirello, Nicole) |
| Filing 8 CERTIFICATE OF SERVICE re #2 Summons Issued by Detroit Public School Community District a/k/a Detroit Board of Education for American Guarantee and Liability Insurance Company (Conn, Eric) |
| Filing 7 CERTIFICATE OF SERVICE re #2 Summons Issued by Detroit Public School Community District a/k/a Detroit Board of Education for Zurich American Insurance Company (Conn, Eric) |
| Filing 6 CERTIFICATE OF SERVICE re #2 Summons Issued by Detroit Public School Community District a/k/a Detroit Board of Education for A Quality Staffing d/b/a Elite Medical Staffing (Conn, Eric) |
| Filing 5 CERTIFICATE OF SERVICE re #2 Summons Issued by Detroit Public School Community District a/k/a Detroit Board of Education for Elite Medical Staffing, LLC (Conn, Eric) |
|
Filing 4
ORDER REASSIGNING CASE from District Judge Mark A. Goldsmith and Magistrate Judge Kimberly G. Altman to District Judge Terrence G. Berg and Magistrate Judge Elizabeth A. Stafford. (SSch)
|
| Filing 3 NOTICE of Appearance by Eric P. Conn on behalf of Detroit Public School Community District a/k/a Detroit Board of Education. (Conn, Eric) |
| Filing 2 SUMMONS Issued for *A Quality Staffing d/b/a Elite Medical Staffing, American Guarantee and Liability Insurance Company, Elite Medical Staffing, LLC, Zurich American Insurance Company* (LHos) |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (LHos) |
| Filing 1 COMPLAINT for Declaratory Judgment filed by Detroit Public School Community District a/k/a Detroit Board of Education against A Quality Staffing d/b/a Elite Medical Staffing, American Guarantee and Liability Insurance Company, Elite Medical Staffing, LLC, Zurich American Insurance Company with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8795862 - Fee: $ 402. County of 1st Plaintiff: Wayne County, MI - County Where Action Arose: Wayne County, MI - County of 1st Defendant: Pinellas County, FL. [Previously dismissed case: No] [Possible companion case(s): United States District Court Eastern District of Michigan, 18-cv-13931, Judge Tarnow] (Diemer, Timothy) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Michigan Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
