Berkley National Insurance Company v. Community Construction Co., LLC
Plaintiff: Berkley National Insurance Company
Defendant: Community Construction Co., LLC
Case Number: 3:2020cv00839
Filed: December 31, 2020
Court: US District Court for the Southern District of Mississippi
Presiding Judge: LaKeysha Greer Isaac
Referring Judge: Henry T Wingate
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 25, 2021 Opinion or Order Filing 20 ORDER granting #19 Motion for Extension of Time to File Response/Reply re #13 MOTION for Abstention re #8 Amended Complaint, , #11 MOTION to Dismiss Amended Complaint ( Replies due by 3/8/2021 ); granting #19 Motion for Leave to File Excess Pages. Signed by Magistrate Judge LaKeysha Greer Isaac on 2/25/2021 (BB)
February 22, 2021 Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 Memorandum in Opposition to Motion, #17 Response in Opposition to Motion, #18 Memorandum in Opposition to Motion, #15 Response in Opposition to Motion , Unopposed MOTION for Leave to File Excess Pages by Community Construction Co., LLC (Kirschberg, Jason)
February 19, 2021 Filing 18 MEMORANDUM in Opposition re #13 MOTION for Abstention re #8 Amended Complaint, filed by Berkley National Insurance Company (Butler, Thomas)
February 19, 2021 Filing 17 RESPONSE in Opposition re #13 MOTION for Abstention re #8 Amended Complaint, filed by Berkley National Insurance Company (Attachments: #1 Exhibit A - State Court Order Regarding Stay of Discovery, #2 Exhibit B - Proof of Service on Berkley, #3 Exhibit C - CCI's First Amended Third-Party Complaint in Alabama Action, #4 Exhibit D - Berkley's Motion to Dismiss Alabama Action for Lack of Personal Jurisdiction)(Butler, Thomas)
February 19, 2021 Filing 16 MEMORANDUM in Opposition re #11 MOTION to Dismiss Amended Complaint filed by Berkley National Insurance Company (Butler, Thomas)
February 19, 2021 Filing 15 RESPONSE in Opposition re #11 MOTION to Dismiss Amended Complaint filed by Berkley National Insurance Company (Attachments: #1 Exhibit A - State Court Order Regarding Stay of Discovery)(Butler, Thomas)
February 5, 2021 Filing 14 MEMORANDUM IN SUPPORT re #13 MOTION for Abstention re #8 Amended Complaint, filed by Community Construction Co., LLC (Kirschberg, Jason)
February 5, 2021 Filing 13 MOTION for Abstention re #8 Amended Complaint, by Community Construction Co., LLC (Attachments: #1 Exhibit 1 - W.R. Berkley's Form 10-K filed February 20, 2020)(Kirschberg, Jason)
February 5, 2021 Filing 12 MEMORANDUM in Support re #11 MOTION to Dismiss Amended Complaint filed by Community Construction Co., LLC (Kirschberg, Jason)
February 5, 2021 Filing 11 MOTION to Dismiss Amended Complaint by Community Construction Co., LLC (Attachments: #1 Exhibit 1 - W.R. Berkley's Form 10-K filed February 20, 2020)(Kirschberg, Jason)
February 3, 2021 Opinion or Order TEXT ONLY ORDER granting #10 Motion to Appear Pro Hac Vice. Christopher C. Frost is admitted pro hac vice in this case on behalf of Plaintiff, Berkley National Insurance Company, in association with local counsel, payment of the pro hac admission fee and registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge LaKeysha Greer Isaac on 2/3/2021 (Lewis, Nijah)
February 2, 2021 Filing 10 MOTION for Christopher C. Frost to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4475450) by Berkley National Insurance Company (Attachments: #1 Attachment Alabama Certificate of Good Standing, #2 Attachment California Certificate of Good Standing, #3 Attachment Georgia Certificate of Good Standing)(Butler, Thomas)
February 1, 2021 Opinion or Order TEXT ONLY ORDER granting #9 Motion to Appear Pro Hac Vice. Caleb C. Wolanek is admitted pro hac vice in this case on behalf of Plaintiff, Berkley National Insurance Company, in association with local counsel, payment of the pro hac admission fee and registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge LaKeysha Greer Isaac on 2/1/2021 (Lewis, Nijah)
January 29, 2021 Filing 9 MOTION for Caleb C. Wolanek to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4472810) by Berkley National Insurance Company (Attachments: #1 Attachment Certificate of Good Standing Alabama State Bar, #2 Attachment Certificate of Good Standing DC Bar)(Butler, Thomas)
January 25, 2021 Filing 8 AMENDED COMPLAINT For Declaratory Judgment against Community Construction Co., LLC, filed by Berkley National Insurance Company. (Attachments: #1 Exhibit 1 - Policy, #2 Exhibit 2 - 2020 Commercial Automobile Questionnaire, #3 Exhibit 3 - Initial Complaint in Underlying Action, #4 Exhibit 4 - Initial Reservation of Rights Letter, #5 Exhibit 5 - Third-Party Complaint in Underlying Action)(Butler, Thomas)
January 25, 2021 Filing 7 MEMORANDUM in Support re #6 MOTION to Dismiss or Abstain filed by Community Construction Co., LLC (Kirschberg, Jason)
January 25, 2021 Filing 6 MOTION to Dismiss or Abstain by Community Construction Co., LLC (Attachments: #1 Exhibit 1 - W.R. Berkley's Form 10-K filed February 20, 2020)(Kirschberg, Jason). Added MOTION for miscellaneous relief (Abstain) on 1/25/2021 (KNS).
January 25, 2021 DOCKET ANNOTATION as to #6 : This document requests two motion reliefs. Every motion relief should be selected from the list of motion titles or each relief docketed separately. The same PDF document may be used for all motion filing entries. It is not necessary to refile as court staff has made the necessary correction. Attorney is advised to follow this procedure in future filings. (KNS)
January 8, 2021 Filing 5 NOTICE of Appearance by Jeffery P. Reynolds on behalf of Community Construction Co., LLC (Reynolds, Jeffery)
January 5, 2021 Opinion or Order Filing 4 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge LaKeysha Greer Isaac for all further proceedings. Magistrate Judge Linda R. Anderson no longer assigned to case Signed by Chief District Judge Daniel P. Jordan, III on 1/5/21 (MGB)
January 5, 2021 Filing 3 NOTICE of Appearance by Jason M. Kirschberg on behalf of Community Construction Co., LLC (Kirschberg, Jason)
January 5, 2021 Parties should include the case number new Judge assignment of 3:20cv839HTW-LGI on future filings. (MGB)
January 4, 2021 Filing 2 Summons Issued as to Community Construction Co., LLC. (VM)
December 31, 2020 Filing 1 COMPLAINT against Community Construction Co., LLC (Filing fee $402 receipt number 0538-4448874), filed by Berkley National Insurance Company. (Attachments: #1 Exhibit 1 - Policy, #2 Exhibit 2 - 2020 Commercial Automobile Questionnaire, #3 Exhibit 3 - Initial Complaint in Underlying Action, #4 Exhibit 4 - Initial Reservation of Rights Letter, #5 Exhibit 5 - Third-Party Complaint in Underlying Action, #6 Civil Cover Sheet)(VM)

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Plaintiff: Berkley National Insurance Company
Represented By: Thomas Julian Butler
Represented By: Christopher C. Frost - PHV
Represented By: Caleb C. Wolanek - PHV
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Defendant: Community Construction Co., LLC
Represented By: Jason M. Kirschberg
Represented By: Jeffery P. Reynolds
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