Atain Specialty Insurance Company v. GPS-GILS Property Services LLC et al
Plaintiff: Atain Specialty Insurance Company
Defendant: Jeffrey Kobak, Trilogy WBO Realty Limited Partnership, GPS-GILS Property Services LLC, Ahlborg Construction Corp, West Bay Orthopedics and Neurosurgery, Inc, Blackstone Management, LLC and Gladiator Construction, INC.
Case Number: 1:2019cv00098
Filed: February 27, 2019
Court: US District Court for the District of Rhode Island
Presiding Judge: Lincoln D Almond
Referring Judge: John J McConnell
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 5, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2022 Filing 70 JUDGMENT in favor of Ahlborg Construction Corp, Blackstone Management, LLC, GPS-GILS Property Services LLC, Gladiator Construction, INC., Trilogy WBO Realty Limited Partnership, West Bay Orthopedics and Neurosurgery, Inc, Jeffrey Kobak against Atain Specialty Insurance Company. So Ordered by Deputy Clerk: Ryan H. Jackson on 1/5/2022. (Jackson, Ryan)
January 5, 2022 Opinion or Order TEXT ORDER denying #57 Motion for Summary Judgment and granting #60 Response in Opposition/Cross-Motion for Summary Judgment. So Ordered by Chief Judge John J. McConnell, Jr. on 1/5/2022. (Jackson, Ryan)
January 4, 2022 Minute Entry for proceedings held before Chief Judge John J. McConnell, Jr.: Motion Hearing via Zoom held on 1/4/2022 re: #57 MOTION for Summary Judgment; counsel present: M. Perkins; S. Sypole; T. Angelone; Plaintiff (Perkins) argues; Defendant (Sypole) argues; Court questions both attorneys; Court denies Plaintiff's Motion for Summary Judgment (ECF No. 57) and grants Defendant's Cross-Motion for Summary Judgment (ECF No. 60). Order and Judgment for defendants to follow. Adjourned. (Court Reporter K. Wischnowsky in Courtroom Remote via Zoom Videoconference at 2:00 PM.) (Jackson, Ryan)
November 29, 2021 Filing 69 REPLY to Response re #65 Response to Motion, Memo in Support of Objection filed by Ahlborg Construction Corp. (DeLuca, Michael)
November 11, 2021 Filing 68 NOTICE by Ahlborg Construction Corp Entry of Appearance (DeLuca, Michael)
November 9, 2021 Opinion or Order TEXT ORDER granting #67 MOTION for an Extension of Time to File Reply to #57 MOTION for Summary Judgment; Replies due by 12/2/2021. So Ordered by Chief Judge John J. McConnell, Jr. on 11/9/2021. (Jackson, Ryan)
November 8, 2021 Filing 67 MOTION for an Extension of Time to File Response/Reply filed by Ahlborg Construction Corp. Responses due by 11/22/2021. (DeLuca, Michael)
November 8, 2021 NOTICE of Hearing on #57 MOTION for Summary Judgment: Motion Hearing via Zoom scheduled for Tuesday 1/4/2022 at 2:00 PM as a Remote Hearing before Chief Judge John J. McConnell, Jr.; Zoom information below.(Zoom Meeting ID: 161 281 9812, Passcode: 714710) (Jackson, Ryan)
November 5, 2021 Filing 66 STATEMENT OF UNDISPUTED FACTS in Response to Ahlborg's Statement of Undisputed Facts by Atain Specialty Insurance Company re #62 Statement of Undisputed Facts. (Perkins, Matthew)
November 5, 2021 Filing 65 RESPONSE In Opposition to #57 MOTION for Summary Judgment filed by Atain Specialty Insurance Company. Replies due by 11/12/2021. (Attachments: #1 Supporting Memorandum Opposition to Cross Motion for SJ)(Perkins, Matthew)
October 29, 2021 Opinion or Order TEXT ORDER granting #64 Assented MOTION for an Extension of Time extend time to file reply up to and including 11/5/2021 re: #57 MOTION for Summary Judgment. So Ordered by Chief Judge John J. McConnell, Jr. on 10/29/2021. (Jackson, Ryan)
October 28, 2021 Filing 64 Assented MOTION for an Extension of Time extend time to file reply to 11/5/2021 filed by Atain Specialty Insurance Company. Responses due by 11/12/2021. (Perkins, Matthew)
October 19, 2021 Opinion or Order TEXT ORDER granting #63 Assented MOTION for an Extension of Time to file reply to Opposition to Motion for Summary Judgment up to and including 10/29/2021. So Ordered by Chief Judge John J. McConnell, Jr. on 10/19/2021. (Jackson, Ryan)
October 18, 2021 Filing 63 Assented MOTION for an Extension of Time extend time to file reply to Opposition to Motion for Summary Judgment to 10/29/2021 filed by Atain Specialty Insurance Company. Responses due by 11/1/2021. (Perkins, Matthew)
October 13, 2021 Filing 62 STATEMENT OF UNDISPUTED FACTS by Ahlborg Construction Corp re #60 Response to Motion. (DeLuca, Michael)
October 13, 2021 Filing 61 STATEMENT OF DISPUTED FACTS by Ahlborg Construction Corp re #60 Response to Motion. (DeLuca, Michael)
October 13, 2021 Filing 60 RESPONSE In Opposition to #57 MOTION for Summary Judgment filed by Ahlborg Construction Corp. Replies due by 10/20/2021. (Attachments: #1 Supporting Memorandum)(DeLuca, Michael)
October 6, 2021 Filing 59 MEMORANDUM IN SUPPORT by Atain Specialty Insurance Company in support of #57 MOTION for Summary Judgment . (Attachments: #1 Exhibit Unreported decisions)(Perkins, Matthew)
October 6, 2021 Filing 58 STATEMENT OF UNDISPUTED FACTS by Atain Specialty Insurance Company re #57 MOTION for Summary Judgment . (Attachments: #1 Affidavit)(Perkins, Matthew)
October 6, 2021 Filing 57 MOTION for Summary Judgment filed by Atain Specialty Insurance Company. Responses due by 10/20/2021. (Perkins, Matthew)
September 29, 2021 Opinion or Order TEXT ORDER Resetting/Extending Pretrial Deadline: Dispositive Motions to be filed on or before 10/6/2021 pursuant to Status Conference held on 9/29/21. So Ordered by Chief Judge John J. McConnell, Jr. on 9/29/2021. (Jackson, Ryan)
September 29, 2021 Minute Entry for proceedings held before Chief Judge John J. McConnell, Jr.: Status Conference via Zoom held on 9/29/2021; counsel present: M. Perkins; M. DeLuca; R. Bengtson; T. Angelone. (Jackson, Ryan)
September 17, 2021 Filing 56 Assented MOTION to Continue 9/20/21 Status Conference filed by Atain Specialty Insurance Company. Responses due by 10/1/2021. (Perkins, Matthew)
September 17, 2021 Reset Hearings re: Notice of Status Conference via Zoom RE-SCHEDULED To WEDNESDAY 9/29/2021 at 2:00 PM as a Remote Hearing before Chief Judge John J. McConnell, Jr.; the hearing previously scheduled for 9/20/21 is hereby CANCELLED. Zoom information below is for counsel only and any other party attempting to join wi ll be removed.(Zoom Meeting ID: 161 857 1920, Passcode: 250633) (Jackson, Ryan)
September 17, 2021 Opinion or Order TEXT ORDER granting #56 Motion to Continue 9/20/21 Status Conference to a date to-be-determined. So Ordered by Chief Judge John J. McConnell, Jr. on 9/17/2021. (Jackson, Ryan)
September 2, 2021 NOTICE of Hearing: Status Conference via Zoom scheduled for Monday 9/20/2021 at 11:30 AM as a Remote Hearing before Chief Judge John J. McConnell, Jr.; Zoom information below is for counsel only and any other party attempting to join will be removed.(Zoom Meeting ID: 161 857 1920, Passcode: 250633) (Jackson, Ryan)
August 17, 2021 Filing 55 CLERK'S ENTRY OF DEFAULT as to Gladiator Construction, INC. (Kenny, Meghan)
August 16, 2021 Filing 54 APPLICATION for Clerk's Entry of Default filed by Atain Specialty Insurance Company as to Gladiator Construction, INC.. (Attachments: #1 Affidavit Entry of Default)(Perkins, Matthew)
August 16, 2021 Filing 53 SUMMONS Returned Executed by Atain Specialty Insurance Company. Gladiator Construction, INC. served on 7/2/2021, answer due 7/23/2021. (Perkins, Matthew)
June 28, 2021 Filing 52 Summons Reissued as to Gladiator Construction, Inc.. (Potter, Carrie)
June 28, 2021 Filing 51 Summons Request filed by Atain Specialty Insurance Company. (Attachments: #1 Exhibit Certificate of Service)(Perkins, Matthew)
June 25, 2021 Opinion or Order TEXT ORDER granting #50 MOTION for an Extension of Time Extend time to serve Gladiator Construction, Inc. by 45 days. So Ordered by Magistrate Judge Lincoln D. Almond on 6/25/2021. (Noel, Jeannine)
June 24, 2021 Opinion or Order TEXT ORDER: The Dispositive Motion deadline is extended until 45 days after a ruling on the Plaintiff's re #50 MOTION for an Extension of Time Extend time to serve Gladiator Construction, Inc.- So Ordered by Chief Judge John J. McConnell, Jr. on 6/24/2021. (Barletta, Barbara)
June 4, 2021 MOTIONS REFERRED: #50 MOTION for an Extension of Time Extend time to serve Gladiator Construction, Inc. referred for determination to Magistrate Judge Lincoln D. Almond. (Barletta, Barbara)
June 3, 2021 Filing 50 MOTION for an Extension of Time Extend time to serve Gladiator Construction, Inc. filed by Atain Specialty Insurance Company. Responses due by 6/17/2021. (Perkins, Matthew)
September 14, 2020 Filing 49 Summons Issued as to Gladiator Construction, INC. (Hicks, Alyson)
September 14, 2020 Filing 48 Summons Request filed by Atain Specialty Insurance Company. (Perkins, Matthew)
September 14, 2020 Filing 47 Summons Returned Unexecuted by Atain Specialty Insurance Company as to Gladiator Construction, INC.. (Perkins, Matthew)
September 14, 2020 Opinion or Order TEXT ORDER granting #46 Motion to Stay response to show cause order- So Ordered by Chief Judge John J. McConnell, Jr. on 9/14/2020. (Barletta, Barbara)
September 9, 2020 Filing 46 MOTION to Stay re #43 Order to Show Cause filed by Atain Specialty Insurance Company. Responses due by 9/23/2020. (Perkins, Matthew)
August 28, 2020 Filing 45 Summons Issued as to Gladiator Construction, INC.. (Potter, Carrie)
August 28, 2020 Filing 44 Summons Request filed by Atain Specialty Insurance Company. (Perkins, Matthew)
August 24, 2020 Opinion or Order Filing 43 ORDER TO SHOW CAUSE entered: Show Cause Response due by 9/8/2020 - So Ordered by Chief Judge John J. McConnell, Jr. on 8/24/2020. (Barletta, Barbara)
August 24, 2020 Opinion or Order TEXT SCHEDULING ORDER: Factual Discovery to close by 2/24/2021; Plaintiff's Expert Disclosures shall be made by 3/25/2021; Defendants' Expert Disclosures shall be made by 4/23/2021; Expert Discovery to close by 5/24/2021 and Dispositive Motions shall be filed by 6/24/2021 -. So Ordered by Chief Judge John J. McConnell, Jr. on 8/24/2020. (Barletta, Barbara)
August 5, 2020 Filing 42 First Amended ANSWER to #40 Amended Complaint , COUNTERCLAIM against Atain Specialty Insurance Company by Ahlborg Construction Corp.(DeLuca, Michael)
July 30, 2020 Filing 41 ANSWER to #40 Amended Complaint by Blackstone Management, LLC.(Angelone, Thomas)
July 27, 2020 Filing 40 AMENDED COMPLAINT against All Defendants filed by Atain Specialty Insurance Company.(Barletta, Barbara)
July 27, 2020 Filing 39 STIPULATION re #35 Response to Motion, #30 MOTION for Summary Judgment filed by Atain Specialty Insurance Company. (Perkins, Matthew)
July 27, 2020 Filing 38 MOTION to Amend/Correct #1 Complaint, filed by Atain Specialty Insurance Company. Responses due by 8/10/2020. (Attachments: #1 Exhibit Proposed Amended Complaint)(Perkins, Matthew)
July 27, 2020 Opinion or Order TEXT ORDER entering #39 Stipulation and denying without prejudice #30 Motion for Summary Judgment- So Ordered by Chief Judge John J. McConnell, Jr. on 7/27/2020. (Barletta, Barbara)
July 27, 2020 Opinion or Order TEXT ORDER granting as unopposed #38 Motion to Amend/Correct Complaint - So Ordered by Chief Judge John J. McConnell, Jr. on 7/27/2020. (Barletta, Barbara)
July 17, 2020 Filing 37 STATEMENT OF UNDISPUTED FACTS by Ahlborg Construction Corp re #35 Response to Motion,,. (DeLuca, Michael)
July 17, 2020 Filing 36 STATEMENT OF DISPUTED FACTS by Ahlborg Construction Corp re #35 Response to Motion,,. (DeLuca, Michael)
July 17, 2020 Filing 35 RESPONSE In Opposition to #30 MOTION for Summary Judgment filed by Ahlborg Construction Corp. Replies due by 7/24/2020. (Attachments: #1 Supporting Memorandum)(DeLuca, Michael) Modified on 7/20/2020 to correct linkage to Motion (Barletta, Barbara).
June 16, 2020 Opinion or Order TEXT ORDER granting #34 Motion for Extension of Time to File Response to #30 MOTION for Summary Judgment ; Reset Deadlines: Response due by 7/20/2020.- So Ordered by Chief Judge John J. McConnell, Jr. on 6/16/2020. (Barletta, Barbara)
June 15, 2020 Filing 34 Second MOTION for an Extension of Time to File Response/Reply as to Order on Motion for Extension of Time,, Set/Reset Deadlines, 07/20/2020 filed by Ahlborg Construction Corp. Responses due by 6/29/2020. (DeLuca, Michael)
May 18, 2020 Opinion or Order TEXT ORDER granting #33 Motion for Extension of Time to respond to #30 MOTION for Summary Judgment ; Reset Deadlines: ( Response due by 6/19/2020.)- So Ordered by Chief Judge John J. McConnell, Jr. on 5/18/2020. (Barletta, Barbara)
May 15, 2020 Filing 33 Consent MOTION for an Extension of Time to file Objection to Plaintiff's Motion for Summary Judgment filed by Ahlborg Construction Corp. Responses due by 5/29/2020. (DeLuca, Michael)
May 5, 2020 Filing 32 STATEMENT OF UNDISPUTED FACTS by Atain Specialty Insurance Company re #30 MOTION for Summary Judgment . (Attachments: #1 Affidavit, #2 Exhibit)(Perkins, Matthew)
May 5, 2020 Filing 31 MEMORANDUM IN SUPPORT by Atain Specialty Insurance Company in support of #30 MOTION for Summary Judgment . (Attachments: #1 Unreported decisions)(Perkins, Matthew)
May 5, 2020 Filing 30 MOTION for Summary Judgment filed by Atain Specialty Insurance Company. Responses due by 5/19/2020. (Perkins, Matthew)
August 1, 2019 Opinion or Order Filing 29 PRETRIAL SCHEDULING ORDER: Factual Discovery to close by 2/3/2020; Plaintiff's Expert Disclosures shall be made by 3/3/2020; Defendants' Expert Disclosures shall be made by 4/3/2020; Expert Discovery to close by 5/4/2020 and Dispositive Motions shall be filed by 6/3/2020 - So Ordered by District Judge John J. McConnell, Jr. on 8/1/2019. (Barletta, Barbara)
August 1, 2019 Filing 28 Summons Reissued as to Jeffrey Kobak. (Potter, Carrie)
August 1, 2019 Filing 27 Summons Request filed by Atain Specialty Insurance Company. (Perkins, Matthew)
August 1, 2019 Minute Entry for proceedings held before District Judge John J. McConnell, Jr.: Telephonic Rule 16 Conference held on 8/1/2019; Matthew W. Perkins, Michael R. DeLuca, Thomas C. Angelone and C. Russell Bengtson participated (Barletta, Barbara)
July 15, 2019 REVISED NOTICE of Hearing: Telephonic Rule 16 Conference is RESCHEDULED to Thursday, 8/1/2019 at 09:00 AM before District Judge John J. McConnell, Jr. The Court will initiate the call. Counsel shall provide the Clerk with contact information if it differs from the docket sheet. (Barletta, Barbara)
July 11, 2019 Filing 26 CLERK'S ENTRY OF DEFAULT as to GPS-GILS Property Services LLC, West Bay Orthopedics and Neurosurgery, Inc (Potter, Carrie)
July 11, 2019 Filing 25 RULE 16 STATEMENT by Atain Specialty Insurance Company. (Perkins, Matthew)
July 11, 2019 HEARING CANCELLED: The telephonic rule 16 conference scheduled for Tuesday, 7/16/19 at 9:00 a.m. before Judge John J. McConnell, Jr. is cancelled and will be rescheduled (Barletta, Barbara)
July 11, 2019 REVISED NOTICE of Hearing: Telephonic Rule 16 Conference is RESCHEDULED to Tuesday, 7/30/2019 at 09:00 AM before District Judge John J. McConnell, Jr. The Court will initiate the call. Counsel shall provide the Clerk with contact information if it differs from the docket sheet. (Barletta, Barbara)
July 2, 2019 Filing 24 RULE 16 STATEMENT by Blackstone Management, LLC. (Angelone, Thomas)
June 28, 2019 Filing 23 RULE 16 STATEMENT of Defendant and Counterclaim Plaintiff Ahlborg Construction Corp. by Ahlborg Construction Corp. (DeLuca, Michael)
June 17, 2019 Filing 22 NOTICE of Hearing: Telephonic Rule 16 Conference set for Tuesday, 7/16/2019 at 09:00 AM before District Judge John J. McConnell, Jr. The Court will initiate the call. Counsel shall provide the Clerk with contact information if it differs from the docket sheet. (Barletta, Barbara)
June 17, 2019 Filing 21 APPLICATION for Clerk's Entry of Default filed by Atain Specialty Insurance Company as to West Bay Orthopedics and Neurosurgery, Inc. (Attachments: #1 Affidavit)(Perkins, Matthew)
June 17, 2019 Filing 20 APPLICATION for Clerk's Entry of Default filed by Atain Specialty Insurance Company as to GPS-GILS Property Services LLC. (Attachments: #1 Affidavit)(Perkins, Matthew)
May 16, 2019 Filing 19 SUMMONS Returned Executed by Atain Specialty Insurance Company. GPS-GILS Property Services LLC served on 5/8/2019, answer due 5/29/2019. (Perkins, Matthew)
May 2, 2019 Filing 18 ANSWER to Complaint by Trilogy WBO Realty Limited Partnership.(Bengtson, C.)
April 29, 2019 Filing 17 ANSWER to #14 Answer to Complaint, Counterclaim by Atain Specialty Insurance Company.(Perkins, Matthew)
April 23, 2019 Filing 16 ANSWER to Complaint by Blackstone Management, LLC.(Angelone, Thomas)
April 23, 2019 Filing 15 NOTICE of Appearance by Thomas C. Angelone on behalf of Blackstone Management, LLC (Angelone, Thomas)
April 17, 2019 Filing 14 ANSWER to Complaint , COUNTERCLAIM against Atain Specialty Insurance Company by Ahlborg Construction Corp.(DeLuca, Michael)
April 17, 2019 Filing 13 NOTICE of Appearance by Michael R. DeLuca on behalf of Ahlborg Construction Corp (DeLuca, Michael)
April 12, 2019 Filing 12 Summons Issued as to Jeffrey Kobak. (Potter, Carrie)
April 12, 2019 Filing 11 Summons Request filed by Atain Specialty Insurance Company. (Perkins, Matthew)
March 22, 2019 Filing 10 SUMMONS Returned Executed by Atain Specialty Insurance Company. West Bay Orthopedics and Neurosurgery, Inc served on 3/5/2019, answer due 3/26/2019. (Perkins, Matthew)
March 22, 2019 Filing 9 WAIVER OF SERVICE Returned Executed by Atain Specialty Insurance Company. Blackstone Management, LLC waiver sent on 2/27/2019, answer due 4/29/2019. (Perkins, Matthew)
February 27, 2019 Filing 8 Summons Issued as to West Bay Orthopedics and Neurosurgery, Inc. (Farrell Pletcher, Paula)
February 27, 2019 Filing 8 Summons Issued as to West Bay Orthopedics and Neurosurgery, Inc. (Farrell Pletcher, Paula)
February 27, 2019 Filing 7 Summons Request filed by Atain Specialty Insurance Company. (Perkins, Matthew)
February 27, 2019 Filing 7 Summons Request filed by Atain Specialty Insurance Company. (Perkins, Matthew)
February 27, 2019 Filing 6 Summons Issued as to Blackstone Management, LLC. (McGuire, Vickie)
February 27, 2019 Filing 6 Summons Issued as to Blackstone Management, LLC. (McGuire, Vickie)
February 27, 2019 Filing 5 Summons Request filed by Atain Specialty Insurance Company. (Perkins, Matthew)
February 27, 2019 Filing 5 Summons Request filed by Atain Specialty Insurance Company. (Perkins, Matthew)
February 27, 2019 Filing 4 Summons Issued as to GPS-GILS Property Services LLC. (Farrell Pletcher, Paula)
February 27, 2019 Filing 4 Summons Issued as to GPS-GILS Property Services LLC. (Farrell Pletcher, Paula)
February 27, 2019 Filing 3 CASE OPENING NOTICE ISSUED (Farrell Pletcher, Paula)
February 27, 2019 Filing 3 CASE OPENING NOTICE ISSUED (Farrell Pletcher, Paula)
February 27, 2019 Filing 2 Corporate Disclosure Statement by Atain Specialty Insurance Company. (Perkins, Matthew)
February 27, 2019 Filing 2 Corporate Disclosure Statement by Atain Specialty Insurance Company. (Perkins, Matthew)
February 27, 2019 Filing 1 COMPLAINT ( filing fee paid $ 400.00, receipt number 0103-1329496 ), filed by Atain Specialty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 summons, #3 waiver, #4 waiver, #5 waiver, #6 waiver, #7 summons)(Perkins, Matthew)
February 27, 2019 Filing 1 COMPLAINT ( filing fee paid $ 400.00, receipt number 0103-1329496 ), filed by Atain Specialty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 summons, #3 waiver, #4 waiver, #5 waiver, #6 waiver, #7 summons)(Perkins, Matthew)
February 27, 2019 Case assigned to District Judge John J. McConnell, Jr. and Magistrate Judge Lincoln D. Almond. (Farrell Pletcher, Paula)
February 27, 2019 Case assigned to District Judge John J. McConnell, Jr. and Magistrate Judge Lincoln D. Almond. (Farrell Pletcher, Paula)

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Search for this case: Atain Specialty Insurance Company v. GPS-GILS Property Services LLC et al
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Plaintiff: Atain Specialty Insurance Company
Represented By: Matthew W. Perkins
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Defendant: Jeffrey Kobak
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Defendant: Trilogy WBO Realty Limited Partnership
Represented By: C. Russell Bengtson
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Defendant: GPS-GILS Property Services LLC
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Defendant: Ahlborg Construction Corp
Represented By: Michael R. DeLuca
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Defendant: West Bay Orthopedics and Neurosurgery, Inc
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Defendant: Blackstone Management, LLC
Represented By: Thomas C. Angelone
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Defendant: Gladiator Construction, INC.
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