Berkley Assurance Company v. Springdale Public Schools et al
| Arkansas Western District Court | |
| Judge: | Timothy L Brooks |
| Case #: | 5:23-cv-05042 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:2201 Declaratory Judgment |
| Case Filed: | Mar 17, 2023 |
| Terminated: | Feb 20, 2024 |
| Last checked: Saturday Sep 16, 2023 8:34 AM CDT |
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Counter Claimant
Springdale Public Schools
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Represented By
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Counter Defendant
Berkley Assurance Company
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Represented By
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Defendant
Alissa Cawood
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Represented By
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Defendant
Mark Oesterle
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Represented By
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Defendant
Joseph Rollins
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Represented By
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Defendant
Springdale Public Schools
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Represented By
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Plaintiff
Berkley Assurance Company
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Represented By
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GPO
Feb 17 2024
MEMORANDUM OPINION AND ORDER GRANTING 32 Plaintiff's Motion for Summary Judgment. Signed by Honorable Timothy L. Brooks on February 17, 2024. (Brooks, Timothy) Modified docket text on 2/21/2024 (tmc). |
| Docket last updated: 87 minutes ago |
| Tuesday, February 20, 2024 | ||
| 43 | 43
order
Judgment
Tue 02/20 11:31 AM
JUDGMENT - Case DISMISSED WITH PREJUDICE. Signed by Honorable Timothy L. Brooks on February 20, 2024. (bjb) |
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| Saturday, February 17, 2024 | ||
| 42 | 42
18
pgs
order
Order on Motion for Summary Judgment
Sat 02/17 12:22 PM
ORDER GRANTING32 Plaintiff's Motion for Summary Judgment. Signed by Honorable Timothy L. Brooks on February 17, 2024. (Brooks, Timothy) |
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| Thursday, August 24, 2023 | ||
| 41 | 41
order
Order on Motion for Leave
Thu 08/24 3:01 PM
TEXT ONLY ORDER granting40 Motion for Leave to File Amended Reply. Signed by Honorable Timothy L. Brooks on August 24, 2023. (ee) |
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| 40 | 40
motion
Leave
Thu 08/24 10:44 AM
Unopposed MOTION for Leave to file Amended Reply to Springdale & Rollins' Response to BAC's Motion for Summary Judgment by Berkley Assurance Company. (Gabriel, Chris) |
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| 39 | 39
respm
Reply to Response to Motion
Thu 08/24 8:36 AM
REPLY to Response to Motion re32 First MOTION for Summary Judgment (Springdale & Rollins) filed by Berkley Assurance Company.(Gabriel, Chris) |
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Att: 1
Supplement
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| Wednesday, August 23, 2023 | ||
| 38 | 38
respm
Reply to Response to Motion
Wed 08/23 4:38 PM
REPLY to Response to Motion re32 First MOTION for Summary Judgment (Springdale's & Joseph Rollins's) filed by Berkley Assurance Company.(Gabriel, Chris) |
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Att: 1
Supplement Statement of Undisputed Facts
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| 37 | 37
respm
Reply to Response to Motion
Wed 08/23 4:35 PM
REPLY to Response to Motion re32 First MOTION for Summary Judgment (Mark Oesterle's) filed by Berkley Assurance Company. (Gabriel, Chris) |
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| Wednesday, August 16, 2023 | ||
| 36 | 36
respm
Response to Motion
Wed 08/16 2:23 PM
RESPONSE IN OPPOSITION TO Motion re32 First MOTION for Summary Judgment filed by Joseph Rollins, Springdale Public Schools. (Zega, Steven) |
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| 35 | 35
msupport
Statement of Facts
Wed 08/16 1:33 PM
STATEMENT OF FACTS in support of34 Response to Motion for Summary Judgment by Mark Oesterle. (Myers, Andrew) |
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| 34 | 34
respm
Response to Motion
Wed 08/16 1:32 PM
RESPONSE IN OPPOSITION TO Motion re32 First MOTION for Summary Judgment filed by Mark Oesterle. (Myers, Andrew) |
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| Wednesday, August 02, 2023 | ||
| 33 | 33
16
pgs
msupport
Memorandum Brief in Support
Wed 08/02 4:03 PM
MEMORANDUM BRIEF in Support of32 First MOTION for Summary Judgment by Berkley Assurance Company.(Gabriel, Chris) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Exhibit Exhibit C,
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Att: 4
Exhibit Exhibit D,
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Att: 5
Exhibit Exhibit E
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| 32 | 32
motion
Summary Judgment
Wed 08/02 3:58 PM
First MOTION for Summary Judgment by Berkley Assurance Company. (Gabriel, Chris) |
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| Tuesday, July 25, 2023 | ||
| 31 | 31
order
Order on Motion to Withdraw as Attorney
Tue 07/25 9:07 AM
TEXT ONLY ORDER GRANTING30 Motion to Withdraw as Attorney. Attorney Hannah Hungate withdrawn, and the Clerk of Court is directed to remove his/her name from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable Timothy L. Brooks on July 25, 2023. (slc) |
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| Monday, July 24, 2023 | ||
| 30 | 30
motion
Withdraw as Attorney
Mon 07/24 11:10 AM
MOTION of Hannah L. Hungate to Withdraw as Attorney by Alissa Cawood.(Hungate, Hannah) |
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Att: 1
Proposed Order to Withdraw
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| Thursday, July 06, 2023 | ||
| 29 | 29
2
pgs
order
Order Setting/Resetting Hearings
Thu 07/06 4:45 PM
ORDER Setting Hearings: Settlement Conference set for 2/29/2024 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable Christy D. Comstock. Each party shall provide a concise, confidential settlement statement NO LATER THAN ONE WEEK PRIOR TO THE SCHEDULED CONFERENCE via email to CDCsettle@arwd.uscourts.gov. Signed by Honorable Christy D. Comstock on July 6, 2023. (rg) |
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| Friday, June 30, 2023 | ||
| 28 | 28
order
Final Scheduling Order
Fri 06/30 8:11 AM
CASE MANAGEMENT ORDER: Final Pretrial Conference set for 8/9/2024 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. BENCH TRIAL set for 8/19/2024 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on June 30, 2023. (slc) |
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| Wednesday, June 28, 2023 | ||
| 27 | 27
7
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Wed 06/28 10:35 AM
OPINION AND ORDER granting19 Motion to Dismiss for Failure to State a Claim. Separate Defendants' counterclaims for declaratory judgment, fraud, constructive fraud, false misrepresentation, and bad faith are DISMISSED WITHOUT PREJUDICE. Separate Defendants' counterclaim for breach of contract remains. (See Order for Specifics) Signed by Honorable Timothy L. Brooks on June 28, 2023. (lgd) |
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| 26 | 26
minutes
Case Management Hearing
Wed 06/28 9:59 AM
TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Case Management Hearing held on 6/28/2023. (Paula Barden-Court Reporter) (slc) |
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| Wednesday, June 14, 2023 | ||
| 25 | 25
misc
Report of Rule 26(f) Planning Meeting
Wed 06/14 4:41 PM
JOINT REPORT of Rule 26(f) Planning Meeting by Berkley Assurance Company. (Wilson, Lisa) |
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| Monday, June 05, 2023 | ||
| 24 | 24
respm
Reply to Response to Motion
Mon 06/05 2:54 PM
REPLY to Response to Motion re19 MOTION to Dismiss for Failure to State a Claim (Springdale and Rollins Counterclaims) filed by Berkley Assurance Company. (Gabriel, Chris) |
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| Tuesday, May 30, 2023 | ||
| 23 | 23
7
pgs
msupport
Memorandum Brief in Support
Tue 05/30 2:37 PM
MEMORANDUM BRIEF in Support of22 Response to Motion to Dismiss by Joseph Rollins, Springdale Public Schools. (Zega, Steven) |
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| 22 | 22
respm
Response to Motion
Tue 05/30 2:35 PM
RESPONSE IN OPPOSITION TO Motion re19 MOTION to Dismiss for Failure to State a Claim (Springdale and Rollins Counterclaims) filed by Joseph Rollins, Springdale Public Schools. (Zega, Steven) |
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| Tuesday, May 16, 2023 | ||
| 21 | 21
answer
Answer to Complaint (Attorney filed Complaint)
Tue 05/16 11:55 AM
ANSWER to2 Complaint, by Berkley Assurance Company.(Gabriel, Chris) |
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| 20 | 20
8
pgs
msupport
Memorandum Brief in Support
Tue 05/16 11:52 AM
MEMORANDUM BRIEF in Support of19 MOTION to Dismiss for Failure to State a Claim (Springdale and Rollins Counterclaims) by Berkley Assurance Company. (Gabriel, Chris) |
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| 19 | 19
motion
Dismiss for Failure to State a Claim
Tue 05/16 11:49 AM
MOTION to Dismiss for Failure to State a Claim (Springdale and Rollins Counterclaims) by Berkley Assurance Company. (Gabriel, Chris) |
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| Monday, May 15, 2023 | ||
| 18 | 18
notice
Notice of Appearance
Mon 05/15 10:01 AM
NOTICE of Appearance by Joshua D. Gillispie on behalf of Alissa Cawood. (Gillispie, Joshua) |
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| Thursday, May 11, 2023 | ||
| 17 | 17
notice
Notice of Appearance
Thu 05/11 5:33 PM
NOTICE of Appearance by Charles L Harwell on behalf of Joseph Rollins, Springdale Public Schools. (Harwell, Charles) |
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| Thursday, May 04, 2023 | ||
| 16 | 16
notice
Notice of Appearance
Thu 05/04 12:23 PM
NOTICE of Appearance by Steven S. Zega on behalf of Joseph Rollins, Springdale Public Schools. (Zega, Steven) |
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| Wednesday, May 03, 2023 | ||
| 15 | 15
order
Initial Scheduling Order
Wed 05/03 1:00 PM
INITIAL SCHEDULING ORDER: Case Management Hearing set for 6/28/2023 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 6/14/2023. Signed by Honorable Timothy L. Brooks on May 3, 2023. (slc) |
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| Monday, May 01, 2023 | ||
| 14 | 14
answer
Answer to Complaint (Attorney filed Complaint)
Mon 05/01 10:15 AM
ANSWER to2 Complaint, by Alissa Cawood.(Hungate, Hannah) |
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| Wednesday, April 26, 2023 | ||
| 13 | 13
answer
Answer to Complaint (Attorney filed Complaint) Counterclaim
Wed 04/26 10:15 AM
ANSWER to2 Complaint, by Separate Defendants Springdale Public Schools and Joseph Rollins , First COUNTERCLAIM by Springdale Public Schools and Joseph Rollins against Berkley Assurance Company by Springdale Public Schools.(Graves, James) |
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Att: 1
Exhibit Denial Letter from Plaintiff
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| Tuesday, April 11, 2023 | ||
| 12 | 12
notice
Notice of Appearance
Tue 04/11 9:47 AM
NOTICE of Appearance by Chris Gabriel on behalf of Berkley Assurance Company. (Gabriel, Chris) |
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| Monday, April 10, 2023 | ||
| 11 | 11
order
Order on Motion to Appear Pro Hac Vice
Mon 04/10 4:10 PM
TEXT ONLY ORDER GRANTING10 Motion to Appear Pro Hac Vice. CHRIS GABRIEL is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on April 10, 2023. (slc) |
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| 10 | 10
motion
Appear Pro Hac Vice
Mon 04/10 11:02 AM
MOTION for Attorney Chris Gabriel to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2758897) by Berkley Assurance Company.(Collins, James) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Proposed Order on Pro Hac Admission
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| Friday, March 31, 2023 | ||
| 9 | 9
service
Waiver of Service Executed
Fri 03/31 10:07 AM
WAIVER OF SERVICE Returned Executed filed by Berkley Assurance Company. Alissa Cawood was sent waiver on 3/24/2023, answer due 5/23/2023. (Collins, James) |
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| Wednesday, March 29, 2023 | ||
| 8 | 8
answer
Answer to Complaint (Attorney filed Complaint)
Wed 03/29 2:49 PM
ANSWER to2 Complaint, by Mark Oesterle.(Myers, Andrew) |
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| Tuesday, March 28, 2023 | ||
| 7 | 7
service
Waiver of Service Executed
Tue 03/28 9:25 AM
WAIVER OF SERVICE Returned Executed filed by Berkley Assurance Company. Mark Oesterle was sent waiver on 3/23/2023, answer due 5/22/2023. (Collins, James) |
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| Monday, March 27, 2023 | ||
| 6 | 6
service
Waiver of Service Executed
Mon 03/27 3:20 PM
WAIVER OF SERVICE Returned Executed filed by Berkley Assurance Company. Joseph Rollins was sent waiver on 3/24/2023, answer due 5/23/2023. (Collins, James) |
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| 5 | 5
service
Waiver of Service Executed
Mon 03/27 3:19 PM
WAIVER OF SERVICE Returned Executed filed by Berkley Assurance Company. Springdale Public Schools was sent waiver on 3/24/2023, answer due 5/23/2023. (Collins, James) |
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| Monday, March 20, 2023 | ||
| 4 | 4
notice
Magistrate Notice/Consent Form
Mon 03/20 12:43 PM
Magistrate Notice/Consent Form furnished. (lgd) |
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| 3 | 3
notice
Notice (Other)
Mon 03/20 12:29 PM
NOTICE by Berkley Assurance Company BAC's FRCP 7.1 Disclosure Statement (Collins, James) |
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| 2 | 2
cmp
Complaint
Mon 03/20 12:18 PM
COMPLAINT for Declaratory Judgment against Berkley Assurance Company ( Filing fee $ 402 receipt number AARWDC-2748369), filed by Berkley Assurance Company.(Collins, James) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Friday, March 17, 2023 | ||
| 1 | 1
2
pgs
misc
Civil Cover Sheet
Fri 03/17 10:25 AM
CIVIL COVER SHEET by Berkley Assurance Company. Please proceed with filing your case initiating document(s). If the case initiating documents are not filed by Close of Business the next business day, this file may be closed. A civil action is commenced by filing a complaint with the Court (Fed.R.Civ.P.3). (lgd) |
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