United States of America v. Berkley Insurance Company et al
| United States of America |
| Berkley Insurance Company, North Wind Group-CDM Advantage JV, LLC, Elite Trucking and Services, LLC and Michael Null |
| 4:2025cv00643 |
| May 6, 2025 |
| U.S. District Court for the Eastern District of Missouri |
| Stephen R Clark |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Filing 41 CLERK'S ORDER to Set Aside Default Judgment (NMG): On September 22, 2025, Clerk's Default Judgment for Sum Certain was entered in favor of Plaintiff and against Defendant Michael Null and Defendant Elite Trucking Services, LLC. On the Court's own motion, the Clerk's Default Judgment for Sum Certain [ECF No. 36 ] is set aside and stricken pending further rulings of the Court. (LNJ) |
| Filing 40 ENTRY of Appearance by Joshua Allan Mullen for Defendants Berkley Insurance Company, North Wind Group-CDM Advantage JV, LLC. (Mullen, Joshua) |
| Filing 39 NOTICE of Filing Deficiency re #38 Entry of Appearance filed by Defendants Berkley Insurance Company, North Wind Group-CDM Advantage JV, LLC. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: The attorney's signature on the signature block must match the name of the e-filer. This is an informational notice and no further action is needed at this time. All future filings must be in compliance with this rule. (LNJ) |
| Filing 38 ENTRY of Appearance by Matthew Delfino for Defendants Berkley Insurance Company, North Wind Group-CDM Advantage JV, LLC. (Delfino, Matthew) |
| Filing 37 ENTRY of Appearance by Matthew Delfino for Defendants Berkley Insurance Company, North Wind Group-CDM Advantage JV, LLC. (Delfino, Matthew) |
| Filing 36 -STRICKEN PER ENTRY #41 - CLERK'S DEFAULT JUDGMENT FOR SUM CERTAIN (NMG): On August 8, 2025, Clerk's Entry of Default was entered against Defendant Michael Null and Defendant Elite Trucking Services, LLC [ECF No. 28]. Motion for Default Judgment [ECF No. #31 was filed on August 26, 2025. Plaintiff's motion shall be granted, and the Clerk of Court shall enter default judgment for a sum certain. Accordingly, Default Judgment is entered in favor of Plaintiff and against Defendant Michael Null and Defendant Elite Trucking Services, LLC, for the sum of $248,072.70 consisting of a principal balance of $247,163.00 and court costs and service fees in the amount of $909.70. Post-judgment interest shall continue at the legal rate as provided by law until paid in full. (LNJ) Modified text on 9/23/2025 (LNJ). Modified on 9/24/2025 (LNJ). |
| Filing 35 REASSIGNMENT ORDER (NMG). Magistrate Judge Abbie Crites-Leoni no longer assigned to case. Case reassigned to Chief District Judge Stephen R. Clark for all further proceedings. (SBS) |
Filing 34
ORDER: IT IS ORDERED that the Clerk of Court is directed to re-assign the instant action to a United States District Judge. Signed by Magistrate Judge Abbie Crites-Leoni on 9/8/2025. (SBS)
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| Filing 33 REPLY to Response to Motion re #14 First MOTION to Dismiss Case filed by Defendants Berkley Insurance Company, North Wind Group-CDM Advantage JV, LLC. (Delfino, Matthew) |
| Filing 32 MEMORANDUM in Support of Motion re #31 MOTION for Default Judgment as to Party Michael Null and Elite Trucking and Services, LLC for a sum certain amount filed by Plaintiff United States of America. (Brinker, Sean) |
| Filing 31 MOTION for Default Judgment as to Party Michael Null and Elite Trucking and Services, LLC for a sum certain amount by Plaintiff United States of America. (Attachments: #1 Exhibit Affidavit of Philip J. Freeman, #2 Text of Proposed Order Proposed Judgment)(Brinker, Sean) Modified on 9/24/2025 (LNJ). |
| Filing 30 Electronic Notice re: Motion for Default Judgment. An Entry of Default was recently entered by the Clerk of Court in this case against Defendants Elite Trucking and Services, LLC, Michael Null. Please file a Motion for Default Judgment as soon as possible or file a Notice with the Court stating why the motion cannot be filed at this time. (TMT) |
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Filing 29
ORDER granting #27 Defendants Berkley Insurance Company and North Wind Group-CDM Advantage JV, LLC's Consent Motion for Extension of Time to File Response/Reply. For the reasons stated in the Motion, IT IS ORDERED that Defendants' Reply in Support of Defendants' Motion to Dismiss is due no later than August 27, 2025. Signed by Magistrate Judge Abbie Crites-Leoni on 8/11/2025. (EMD)
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| Filing 28 Clerk's ENTRY OF DEFAULT as to Defendants Elite Trucking and Services, LLC, and Michael Null() (cc: Elite Trucking and Services and Michael Null) (JMC) |
| Filing 27 First MOTION for Extension of Time to File Response/Reply Reply by Defendants Berkley Insurance Company, North Wind Group-CDM Advantage JV, LLC. (Delfino, Matthew) |
| Filing 26 RESPONSE to Motion re #14 First MOTION to Dismiss Case Filed by Berkley Insurance Company and North Wind - CDM Advantage JV, LLC filed by Plaintiff United States of America. (Brinker, Sean) |
| Filing 25 DISCLOSURE STATEMENT by Berkley Insurance Company, W.R. Berkley Corporation.. (Mullen, Joshua) |
| Filing 24 DISCLOSURE STATEMENT by North Wind Group-CDM Advantage JV, LLC, North Wind Site Services, LLC, CDM Federal Programs Corporation, CIRI Development Corporation d/b/a North Wind Group.. (Mullen, Joshua) |
| ***REMARK - document #23 Motion for Clerk's Entry of Default forwarded to the Clerk of Court/Chief Deputy for ruling (JMC) |
| Filing 23 MOTION for Entry of Clerk's Default against Defendants Michael Null and Elite Trucking and Services, LLC by Plaintiff United States of America. (Attachments: #1 Exhibit Michael Null Summons Return, #2 Exhibit Elite Trucking Summons Return, #3 Exhibit Missouri Secretary of State Docs, #4 Exhibit Philip Freeman Affidavit)(Brinker, Sean) |
| Filing 22 Electronic Notice re: Disclosure Statement to Defendants Berkley Insurance Company, North Wind Group-CDM Advantage JV, LLC. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (TMT) |
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Filing 21
ORDER granting #20 Motion for Leave to Appear Pro Hac Vice. IT IS ORDERED that Joshua A. Mullen is granted leave to appear pro hac vice for the purpose of representing Defendants Berkley Insurance Company and North Wind Group-CDM Advantage JV, LLC. Signed by Magistrate Judge Abbie Crites-Leoni on 7/9/2025. (EMD)
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| Filing 20 MOTION for Leave to Appear Pro Hac Vice Joshua A. Mullen. The Certificate of Good Standing was attached.(Filing fee $150 receipt number BMOEDC-11353823) by Defendants Berkley Insurance Company, North Wind Group-CDM Advantage JV, LLC. (Attachments: #1 Certificate of Good Standing Certificate from the Supreme Court of Tennessee)(Mullen, Joshua) |
| Filing 19 Electronic Notice re: Disclosure Statement to Defendants Berkley Insurance Company, North Wind Group-CDM Advantage JV, LLC. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (TMT) |
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Filing 18
Docket Text ORDER granting #17 Plaintiff's Consent Motion for Extension of Time to File Response/Reply. For the reasons stated in the Motion, IT IS ORDERED that Plaintiff's Response to Defendants' Motion to Dismiss is due no later than July 29, 2025. Signed by Magistrate Judge Abbie Crites-Leoni on 7/7/2025. (EMD) Modified on 7/8/2025 (ANR).
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| Filing 17 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss by Plaintiff United States of America. (Brinker, Sean) |
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Filing 16
ORDER granting #15 Motion for Leave to Appear Pro Hac Vice. IT IS ORDERED that Matthew P. Delfino is granted leave to appear pro hac vice for the purpose of representing Defendants Berkley Insurance Company and North Wind Group, North Wind Group-CDM Advantage JV, LLC. Signed by Magistrate Judge Abbie Crites-Leoni on 7/1/2025. (EMD)
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| Filing 15 First MOTION for Leave to Appear Pro Hac Vice Matthew P. Delfino. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-11342977) by Defendants Berkley Insurance Company, North Wind Group-CDM Advantage JV, LLC. (Attachments: #1 Certificate of Good Standing TN Certificate of Good Standing for Matthew Delfino)(Delfino, Matthew) |
| Filing 14 First MOTION to Dismiss Case by Defendants Berkley Insurance Company, North Wind Group, North Wind Group-CDM Advantage JV, LLC. (Attachments: #1 Attachment Memorandum In Support of Motion to Dismiss)(Schultz, Jerry) |
| Filing 13 ENTRY of Appearance by Jerry Raymond Schultz, Jr for Defendants Berkley Insurance Company, North Wind Group, North Wind Group-CDM Advantage JV, LLC. (Schultz, Jerry) |
| Filing 12 SUMMONS Returned Executed filed by United States of America. Berkley Insurance Company served on 5/19/2025, answer due 6/9/2025. (Brinker, Sean) |
| Filing 11 SUMMONS Returned Executed filed by United States of America. Michael Null served on 6/9/2025, answer due 6/30/2025. (Brinker, Sean) |
| Filing 10 SUMMONS Returned Executed filed by United States of America. North Wind Group served on 5/19/2025, answer due 6/9/2025. (Brinker, Sean) |
| Alias Summons Issued as to defendant North Wind Group-CDM Advantage JV, LLC. The summons was emailed to Sean Brinker. (JMC) |
| Filing 9 MEMORANDUM re #8 Notice of Process Server Alias Summons Request by Plaintiff United States of America. (Brinker, Sean) |
| Filing 8 NOTICE OF PROCESS SERVER by Plaintiff United States of America Process Server: Allison Porter and/or Elaina Teninty (Brinker, Sean) |
| Filing 7 Summons Returned Unexecuted by United States of America as to North Wind Group-CDM Advantage JV, LLC. (Brinker, Sean) |
| Filing 6 SUMMONS Returned Executed filed by United States of America. Elite Trucking and Services, LLC served on 5/14/2025, answer due 6/4/2025. (Brinker, Sean) |
| Filing 5 NOTICE OF PROCESS SERVER by Plaintiff United States of America Process Server: Ryan Sizemore (Brinker, Sean) |
| Filing 4 NOTICE OF PROCESS SERVER by Plaintiff United States of America Process Server: Carmen Casiano (Brinker, Sean) |
| Case Opening Notification. Judge Assigned: Honorable Abbie S. Crites-Leoni. 5 Summons(es) issued and emailed to Sean D. Brinker. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. (JBH) |
| Filing 3 NOTICE OF PROCESS SERVER by Plaintiff UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF PHILIP J. FREEMAN Process Server: Travis Jones (Brinker, Sean) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiff UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF PHILIP J. FREEMAN Process Server: John D. Koch (Brinker, Sean) |
| Filing 1 COMPLAINT against defendant Berkley Insurance Company, ELITE TRUCKING AND SERVICES, LLC, NORTH WIND GROUP-CDM ADVANTAGE JV, LLC, Michael Null with receipt number AMOEDC-11242751, in the amount of $405 Jury Demand,, filed by UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF PHILIP J. FREEMAN. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Civil Cover Sheet, #11 Original Filing Form, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons)(Brinker, Sean) |
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