Lexington Insurance Company v. Frank Good Construction, Inc.
Plaintiff: Lexington Insurance Company
Defendant: Frank Good Construction, Inc.
Case Number: 6:2016cv00229
Filed: May 31, 2016
Court: US District Court for the Eastern District of Oklahoma
Office: Muskogee Office
County: Carter
Presiding Judge: Kimberly E West
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 4, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 4, 2017 Opinion or Order Filing 42 ADMINISTRATIVE CLOSING ORDER by Magistrate Judge Kimberly E. West. Plaintiff shall submit closing documents by February 3, 2017. Should Plaintiff fail to submit closing documents by this date, the case will be deemed dismissed in its entirety. (adw, Deputy Clerk)
December 30, 2016 Filing 41 NOTICE of Settlement by Lexington Insurance Company (Casetta, Paul)
November 23, 2016 Filing 40 DISCLOSURES per FRCP 26 by Lexington Insurance Company (Casetta, Paul)
November 23, 2016 Filing 39 WITNESS AND EXHIBIT LISTS by Frank Good Construction, Inc. (Koop, Stan) Modified on 11/29/2016 to edit text (dma, Deputy Clerk).
November 23, 2016 Filing 38 WITNESS AND EXHIBIT LISTS by Lexington Insurance Company (Casetta, Paul) Modified on 11/29/2016 to edit text (dma, Deputy Clerk).
November 18, 2016 Filing 37 CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent Frank Good Construction, Inc. for Frank Good Construction, Inc.) by Frank Good Construction, Inc. [NOTE: Attorney John D. Otey added to party Frank Good Construction, Inc.(pty:dft)]. (Otey, John)
November 18, 2016 Filing 36 ATTORNEY APPEARANCE by John D. Otey on behalf of Frank Good Construction, Inc. (Otey, John)
November 14, 2016 Filing 35 SURRESPONSE to Motion (Re: #24 MOTION for Partial Summary Judgment Pursuant to Rule 56 ) by Lexington Insurance Company ;(Casetta, Paul)
November 1, 2016 Filing 34 SURREPLY to Motion (Re: #24 MOTION for Partial Summary Judgment Pursuant to Rule 56 ) by Frank Good Construction, Inc. ;(Koop, Stan)
October 26, 2016 Opinion or Order Filing 33 MINUTE ORDER by Magistrate Judge Kimberly E. West - Defendant's Motion to Strike Plaintiff's Reply to Defendant's Response and Objection to Plaintiff's Motion for Summary Judgment filed October 21, 2016 (Docket Entry #30 ) is hereby DENIED as the evidence submitted in support of the reply concerning settlement negotiations is offered for an excepted reason under Fed. R. Evid. 408. Defendant's Motion for Leave to File Sur-Reply to Reply of Plaintiff's Partial Motion for Summary Judgment filed October 21, 2016 (Docket Entry #31 ) is hereby GRANTED. Defendant shall file its surreply by NOVEMBER 1, 2016 and the brief shall be limited in length to no more than ten (10) pages. Since Plaintiff is entitled to the last word in the briefing, Plaintiff may file a response to the surreply by NOVEMBER 14, 2016, which shall also be limited in length to no more than ten (10) pages and shall only include arguments which are responsive to the issues raised in Defendant's surreply. (adw, Deputy Clerk)
October 24, 2016 Filing 32 RESPONSE in Opposition to Motion (Re: #30 MOTION to Strike Reply to Response to Motion for Summary Judgment ) by Lexington Insurance Company ;(Casetta, Paul)
October 21, 2016 Filing 31 MOTION for Leave to File Sur-Reply (Re: #29 Reply to Response to Motion ) by Frank Good Construction, Inc. Responses due by 11/4/2016(Koop, Stan)
October 21, 2016 Filing 30 MOTION to Strike #29 Plaintiff's REPLY to Defendant's Response to Plaintiff's #24 MOTION for Partial Summary Judgment by Frank Good Construction, Inc. Responses due by 11/4/2016(Koop, Stan) Modified on 10/24/2016 to edit text and add links (dma, Deputy Clerk).
October 17, 2016 Filing 29 REPLY to Response to Motion (Re: #24 MOTION for Partial Summary Judgment Pursuant to Rule 56 ) by Lexington Insurance Company ; (With attachments)(Casetta, Paul)
October 4, 2016 Filing 28 RESPONSE to Motion (Re: #24 MOTION for Partial Summary Judgment Pursuant to Rule 56 ) by Frank Good Construction, Inc. ; (With attachments)(Koop, Stan)
October 4, 2016 Opinion or Order Filing 27 MINUTE ORDER by Magistrate Judge Kimberly E. West - Defendant's Application to File Its Response to Plaintiff's Motion for Summary Judgment Out of Time filed October 3, 2016 (Docket Entry #26 ) is accepted by this Court as a response to the Show Cause Order entered October 2, 2016. Based upon the explanation provided by Defendant's counsel, the Application is hereby GRANTED. Defendant shall file its response to Plaintiff's Motion for Partial Summary Judgment no later than OCTOBER 7, 2016. (adw, Deputy Clerk)
October 3, 2016 Filing 26 MOTION to File Response to Motion for Summary Judgment Out of Time by Frank Good Construction, Inc. Responses due by 10/17/2016(Koop, Stan)
October 3, 2016 Opinion or Order Filing 25 ORDER TO SHOW CAUSE by Magistrate Judge Kimberly E. West directing Defendant Frank Good Construction, Inc. to show cause why Plaintiff's Motion for Partial Summary Judgment (Docket Entry #24 ) should not be granted as filed. Response to Order to Show Cause due by 10/11/2016. (adw, Deputy Clerk)
September 15, 2016 Filing 24 MOTION for Partial Summary Judgment Pursuant to Rule 56 by Lexington Insurance Company (With attachments) Responses due by 9/29/2016(Casetta, Paul)
July 29, 2016 Opinion or Order Filing 23 SETTLEMENT CONFERENCE ORDER by Magistrate Judge Kimberly E. West: Settlement Conference set for 1/3/2017 at 10:00 AM in Chambers, Room 425, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Steven P. Shreder. Settlement Conference Statements due 12/20/2016. (tmb, Chambers)
July 29, 2016 Opinion or Order Filing 22 SCHEDULING ORDER by Magistrate Judge Kimberly E. West setting scheduling order date(s): Amended Pleadings due by 9/12/2016. Joinder of Parties due by 9/12/2016. Exhibit List due by 11/23/2016. Witness List due by 11/23/2016. Dispositive Motions due by 12/27/2016. Discovery due by 1/9/2017. Jury Instructions, Voir Dire & Trial Briefs due by 1/19/2017. Proposed Pretrial Order due by 1/19/2017. Pretrial Conference set for 1/26/2017 at 11:45 AM in Chambers, Room 430, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Kimberly E. West. Jury Trial set for 2/22/2017 09:00 AM in Courtroom 3, Room 432, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Kimberly E. West.(adw, Deputy Clerk)
July 28, 2016 Filing 21 MINUTES of Proceedings held before Magistrate Judge Kimberly E. West: Telephonic Scheduling Conference held on 7/28/2016. (adw, Deputy Clerk)
July 25, 2016 Filing 20 ATTORNEY APPEARANCE by Julia Lauren Virzi on behalf of Lexington Insurance Company (Virzi, Julia)
July 25, 2016 Opinion or Order Filing 19 MINUTE ORDER by Magistrate Judge Kimberly E. West - Motion for Admission to Practice Pro Hac Vice filed by Julia Lauren Virzi on behalf of Lexington Insurance Company on July 19, 2016 (Docket Entry #15 ) is hereby GRANTED. Ms. Virzi is hereby admitted to this Court for the limited purpose of representing Plaintiff in this action. This is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (adw, Deputy Clerk) Modified to correct docket text on 7/25/2016 (adw, Deputy Clerk).
July 25, 2016 Filing 18 NOTICE by Court Clerk of Consent by the Parties to Proceed Before the United States Magistrate. In accordance with 28 U.S.C., Section 636(c), the Magistrate Judge will exercise complete jurisdiction over all matters in this case including trial. (With attachments)(adw, Deputy Clerk)
July 22, 2016 Filing 17 CORPORATE DISCLOSURE STATEMENT by Frank Good Construction, Inc. (Arnold, Shawn)
July 22, 2016 Filing 16 JOINT STATUS REPORT by Lexington Insurance Company (Casetta, Paul)
July 19, 2016 Filing 15 MOTION for Attorney Julia Lauren Virzi to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number 1086-1006233) by Lexington Insurance Company (With attachments) Responses due by 8/2/2016(Proctor, David)
July 18, 2016 Filing 14 ATTORNEY APPEARANCE by Stan Koop on behalf of Frank Good Construction, Inc. (Koop, Stan)
July 14, 2016 Opinion or Order Filing 13 MINUTE ORDER by Magistrate Judge Kimberly E. West - This Court acknowledges the random assignment of this case. By separate electronic mail transmission from the Clerk of this Court, the parties have been provided the Notice of Assignment to a United States Magistrate Judge With Consent to Proceed or District Judge Option form for completion and submission. If you have not received a copy of the Notice from the Clerk, a copy may be obtained on this District's website at www.oked.uscourts.gov under the tab for Forms and is titled Consent or District Judge Option Form. The parties shall submit a completed Consent/District Judge Option form by JULY 22, 2016.(adw, Deputy Clerk)
July 13, 2016 Filing 12 ANSWER to Complaint (Re: #3 Complaint) by Frank Good Construction, Inc. (Arnold, Shawn)
July 13, 2016 Filing 11 ATTORNEY APPEARANCE by Shawn E. Arnold on behalf of Frank Good Construction, Inc. (Arnold, Shawn)
July 6, 2016 Filing 10 SUMMONS Returned Executed re: Frank Good Construction, Inc. - Served on 6/22/2016. by Lexington Insurance Company (Proctor, David)
June 10, 2016 Filing 9 ATTORNEY APPEARANCE by Paul A. Casetta on behalf of Lexington Insurance Company (Casetta, Paul)
June 9, 2016 Opinion or Order Filing 8 MINUTE ORDER by Magistrate Judge Kimberly E. West- Motion for Admission Pro Hac Vice filed by David Proctor on behalf of Paul Andrew Casetta on June 8, 2016 (Docket Entry #6 ) is hereby GRANTED. Accordingly, Mr. Casetta is admitted to this Court for the sole and limited purpose of representing Plaintiff in this action. This is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (adw, Deputy Clerk)
June 8, 2016 Filing 7 CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent American International Group, Inc., Corporate Parent AIUH LLC, Corporate Parent AIG Property Casualty U.S., Inc., Corporate Parent AIG Property Casualty Inc. for Lexington Insurance Company) by Lexington Insurance Company (Proctor, David)
June 8, 2016 Filing 6 MOTION for Attorney Paul Andrew Casetta to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number 1086-995709) by Lexington Insurance Company (With attachments) Responses due by 6/22/2016(Proctor, David)
June 6, 2016 Opinion or Order Filing 5 ORDER by Magistrate Judge Kimberly E. West setting Telephonic Scheduling Conference for 7/28/2016 at 2:30 PM in Chambers, Room 430, US Courthouse, 5th & Okmulgee, Muskogee, OK before Magistrate Judge Kimberly E. West. The Court will initiate the conference call. Joint Status Report due by 7/22/2016. (Attachments: #1 Consent/Reassignment Form)(adw, Deputy Clerk)
May 31, 2016 Filing 4 SUMMONS Issued by Court Clerk as to Frank Good Construction, Inc. (rcs, Deputy Clerk)
May 31, 2016 Filing 3 COMPLAINT with Jury Demand against Frank Good Construction, Inc. (paid $400 filing fee; receipt number 1086-992956) by Lexington Insurance Company (With attachments)(Proctor, David)
May 31, 2016 Filing 2 MINUTE ORDER by Court Clerk. Plaintiff is directed to add the case number to their Complaint, file the document and either pay the $400 filing fee within 7 days or file a Motion for Informa Pauperis. NOTE: The court cannot issue summons until the filing fee is paid. Civil Summons may be issued electronically. Prepare the summons using the court's PDF version and email it to CM-ECFIntake_OKED@oked.uscourts.gov. Consent forms provided to filing party. (Filing Fee due by 6/7/2016) (rcs, Deputy Clerk)
May 31, 2016 Filing 1 CIVIL COVER SHEET by Lexington Insurance Company (rcs, Deputy Clerk)

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Defendant: Frank Good Construction, Inc.
Represented By: Shawn E. Arnold
Represented By: John D. Otey
Represented By: Stan Koop
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Plaintiff: Lexington Insurance Company
Represented By: Paul A. Casetta
Represented By: Julia Lauren Virzi
Represented By: David Proctor
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