O'Neal Constructors, LLC v. Hankin Environmental Systems, Inc. et al
Plaintiff: O'Neal Constructors, LLC
Defendant: Berkshire Hathaway Specialty Insurance Company and Hankin Environmental Systems, Inc.
Counter-Defendant: O'Neal Constructors, LLC
Counter-Claimant: Hankin Environmental Systems, Inc.
Case Number: 1:2024cv00200
Filed: June 28, 2024
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Halil S Ozerden
Referring Judge: Michael T Parker
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2024 Opinion or Order Filing 16 MEMORANDUM OPINION AND ORDER denying #5 Motion for Preliminary Injunction; granting in part and denying in part #8 Motion to Compel; granting in part and denying in part #8 Motion to Stay Proceedings. Ordered that this case is stayed and administratively closed for statistical purposes. See Order for details. Signed by District Judge Halil S. Ozerden on 8/23/24. (JCH)
August 16, 2024 Filing 15 REPLY to Response to Motion re #8 MOTION to Compel Arbitration MOTION to Stay Proceedings filed by O'Neal Constructors, LLC (Attachments: #1 Exhibit 1 Hankin's 7-27-24 Letter to AAA, #2 Exhibit 2 O'Neal's Response to Respondents Application for Leave to File Motion to Stay, #3 Exhibit 3 AAA Order Denying Hankin's Request for Leave to file Motion to Stay Arbitration)(Ellis, David)
August 5, 2024 Filing 14 MEMORANDUM in Opposition re #8 MOTION to Compel Arbitration MOTION to Stay Proceedings filed by Berkshire Hathaway Specialty Insurance Company, Hankin Environmental Systems, Inc. (McMackin, John)
August 5, 2024 Filing 13 RESPONSE in Opposition re #8 MOTION to Compel Arbitration MOTION to Stay Proceedings filed by Berkshire Hathaway Specialty Insurance Company, Hankin Environmental Systems, Inc. (McMackin, John)
July 31, 2024 Filing 12 REPLY to Response to Motion re #5 MOTION for Preliminary Injunction filed by Berkshire Hathaway Specialty Insurance Company, Hankin Environmental Systems, Inc. (McMackin, John)
July 29, 2024 Opinion or Order Filing 11 ORDER staying discovery and disclosure requirements pending a ruling on the Motion to Compel Arbitration #8 . Signed by Magistrate Judge Michael T. Parker on July 29, 2024. (ST)
July 24, 2024 Filing 10 MEMORANDUM in Opposition re #5 MOTION for Preliminary Injunction filed by O'Neal Constructors, LLC (Attachments: #1 Exhibit 1 Subcontract, #2 Exhibit 2 Purchase Order, #3 Exhibit 3 Hankin Performance Bond, #4 Exhibit 4 O'Neal's - Demand for Arbitration - Hankin, #5 Exhibit 5 Hankin's Answering Statement and Counterclaim, #6 Exhibit 6 Berkshire Answer to Demand for Arbitration, #7 Exhibit 7 AAA Rule 9)(Ellis, David)
July 22, 2024 Filing 9 MEMORANDUM in Support re #8 MOTION to Compel Arbitration MOTION to Stay Proceedings filed by O'Neal Constructors, LLC (Ellis, David)
July 22, 2024 Filing 8 MOTION to Compel Arbitration, MOTION to Stay Proceedings by O'Neal Constructors, LLC (Attachments: #1 Exhibit 1 - Subcontract, #2 Exhibit 2 - Purchase Order, #3 Exhibit 3 - Performance Bond, #4 Exhibit 4 - Demand for Arbitration/Statement of Claims, #5 Exhibit 6 - Hankin's Answering Statement, #6 Exhibit 6 - O'Neal's Complaint)(Ellis, David)
July 22, 2024 Filing 7 ANSWER to #4 Answer to Complaint (Notice of Removal),, Counterclaim, by O'Neal Constructors, LLC.(Ellis, David)
July 12, 2024 Filing 6 MEMORANDUM IN SUPPORT re #5 MOTION for Preliminary Injunction filed by Berkshire Hathaway Specialty Insurance Company, Hankin Environmental Systems, Inc. (McMackin, John)
July 12, 2024 Filing 5 MOTION for Preliminary Injunction by Berkshire Hathaway Specialty Insurance Company, Hankin Environmental Systems, Inc. (McMackin, John)
July 1, 2024 Filing 4 ANSWER to Complaint (Notice of Removal) and Affirmative Defenses, COUNTERCLAIM against O'Neal Constructors, LLC by Hankin Environmental Systems, Inc. (Attachments: #1 Exhibit 1 - Subcontract, #2 Exhibit 2 - Purchase Order, #3 Exhibit 3 - Amended Lien Notice)(Harris, Adam)
July 1, 2024 Filing 3 ANSWER to Complaint (Notice of Removal) and Affirmative Defenses by Berkshire Hathaway Specialty Insurance Company (Harris, Adam)
July 1, 2024 Filing 2 Joinder in Document by Berkshire Hathaway Specialty Insurance Company to #1 Notice of Removal,,, filed by Hankin Environmental Systems, Inc. (Harris, Adam)
June 28, 2024 Filing 1 NOTICE OF REMOVAL by Hankin Environmental Systems, Inc. from Circuit Court of Hancock County, Mississippi, case number 23CI1:24cv85. ( Filing fee $ 405 receipt number 5439978) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit 1-Summons and Complaint, #2 Exhibit 2-State Court Record, #3 Civil Cover Sheet)(wld)

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Defendant: Berkshire Hathaway Specialty Insurance Company
Represented By: John Patrick McMackin
Represented By: Adam B. Harris
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Defendant: Hankin Environmental Systems, Inc.
Represented By: Adam B. Harris
Represented By: John Patrick McMackin
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Counter-defendant: O'Neal Constructors, LLC
Represented By: David B. Ellis
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Plaintiff: O'Neal Constructors, LLC
Represented By: David B. Ellis
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Counter-claimant: Hankin Environmental Systems, Inc.
Represented By: Adam B. Harris
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