Case details

Court: ned
Docket #: 8:14-cv-00419
Case Name: McShane Construction Company LLC v. Gotham Insurance Company
PACER case #: 68087
Date filed: 2014-12-23
Date terminated: 2016-03-29
Assigned to: Judge John M. Gerrard
Referred to: Magistrate Judge Cheryl R. Zwart
Case Cause: 28:1331 Fed. Question: Breach of Contract
Nature of Suit: 110 Insurance
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
McShane Construction Company LLC
Plaintiff
 
Alan J. Martin
LAW OFFICES OF ALAN J. MARTIN
77 West Wacker Drive
Suite 4800
Chicago, IL 60601
(312) 606-8710
Fax: (312) 444-1028
Email: almartin@alanmartinlaw.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

David J. Koukol
KOUKOL, JOHNSON LAW FIRM
12020 Shamrock Plaza
Suite 333
Omaha, NE 68154
(402) 934-9499
Fax: (402) 934-7730
Email: dkoukol@westomahalaw.com
ATTORNEY TO BE NOTICED

Kristen M. Stiffler
KOUKOL, JOHNSON LAW FIRM
12020 Shamrock Plaza
Suite 333
Omaha, NE 68154
(402) 934-9499
Fax: (402) 934-7730
TERMINATED: 02/20/2015
Gotham Insurance Company
Defendant
 
Matthew F. Heffron
BROWN, BROWN LAW FIRM
2027 Dodge Street
Suite 501
P.O. Box 40
Omaha, NE 68101-0040
(402) 346-5010
Fax: (402) 345-8853
Email: mheffron@bblaw.us
ATTORNEY TO BE NOTICED

Michael R. Gregg
MERLO, KANOFSKY LAW FIRM
208 South LaSalle Street
Suite 1750
Chicago, IL 60604
(312) 553-5500
Fax: (312) 553-1586
Email: mrg@merlolaw.com
TERMINATED: 08/11/2017

Thomas D. Donofrio
RUBERRY, STALMACK LAW FIRM
10 South LaSalle Street
Suite 1800
Chicago, IL 60603-1075
(312) 466-8050
Fax: (312) 466-8055
Email: thomas.donofrio@ruberry-law.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2014-12-23 1 0 COMPLAINT against Gotham Insurance Company ( Filing fee $ 400, receipt number 0867-2851085), by Attorney David J. Koukol on behalf of McShane Construction Company LLC (Attachments: # 1 Exhibit A (Part 1)-Subcontract and General Conditions, # 2 Exhibit A (Part 2) Subcontract and General Conditions, # 3 Exhibit AA-December 18 Letter, # 4 Exhibit B (Part 1) 2d Amended Answer & CClaim, # 5 Exhibit B (Part 2) 2d Amended Answer & CClaim, # 6 Exhibit BB-January 24 Letter, # 7 Exhibit C (Part 1) Mallory policy with Gotham, # 8 Exhibit C (Part 2) Mallory policy with Gotham, # 9 Exhibit C Part 3) Mallory policy with Gotham, # 10 Exhibit CC-March 3 Letter, # 11 Exhibit D (Part 1) Mallory Drawings, # 12 Exhibit D (Part 2) Mallory Drawings, # 13 Exhibit D (Part 3) Mallory Drawings, # 14 Exhibit DD-March 27 Letter, # 15 Exhibit E-June 5 Email with Claim Letter, # 16 Exhibit EE-March 28 Letter, # 17 Exhibit F-Additional Insured Documents, # 18 Exhibit FF-April 1 Letter, # 19 Exhibit G-June 27 Email, # 20 Exhibit GG-January Damages Spreadsheet)(Koukol, David) (Entered: 12/23/2014) 2017-10-29 22:15:12 8570c4cd9729f62b130e9cd8c1251404d480fc6f
1 1 Exhibit A (Part 1)-Subcontract and General Conditions
1 2 Exhibit A (Part 2) Subcontract and General Conditions
1 3 Exhibit AA-December 18 Letter
1 4 Exhibit B (Part 1) 2d Amended Answer & CClaim
1 5 Exhibit B (Part 2) 2d Amended Answer & CClaim
1 6 Exhibit BB-January 24 Letter
1 7 Exhibit C (Part 1) Mallory policy with Gotham
1 8 Exhibit C (Part 2) Mallory policy with Gotham
1 9 Exhibit C Part 3) Mallory policy with Gotham
1 10 Exhibit CC-March 3 Letter
1 11 Exhibit D (Part 1) Mallory Drawings
1 12 Exhibit D (Part 2) Mallory Drawings
1 13 Exhibit D (Part 3) Mallory Drawings
1 14 Exhibit DD-March 27 Letter
1 15 Exhibit E-June 5 Email with Claim Letter
1 16 Exhibit EE-March 28 Letter
1 17 Exhibit F-Additional Insured Documents
1 18 Exhibit FF-April 1 Letter
1 19 Exhibit G-June 27 Email
1 20 Exhibit GG-January Damages Spreadsheet
2014-12-24 2 0 TEXT NOTICE OF JUDGES ASSIGNED: Magistrate Judge F.A. Gossett assigned. (ADB, ) (Entered: 12/24/2014)
2014-12-24 3 0 ATTORNEY LETTER by Clerk that Attorney Kristen Stiffler has not registered nor for admittance to practice registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (ADB, ) (Entered: 12/24/2014)
2014-12-24 4 0 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff McShane Construction Company LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB, ) (Entered: 12/24/2014)
2015-01-07 5 0 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent McShane Construction Company LLC, Corporate Parent McShane Construction Company LLC for McShane Construction Company LLC. by Attorney David J. Koukol on behalf of Plaintiffs McShane Construction Company LLC, McShane Construction Company LLC, McShane Construction Company LLC.(Koukol, David) (Entered: 01/07/2015)
2015-02-19 6 0 MOTION to Withdraw as Attorney (Kristen M. Stiffler) by Attorney David J. Koukol on behalf of Plaintiff McShane Construction Company LLC.(Koukol, David) (Entered: 02/19/2015)
2015-02-20 7 0 ORDER granting 6 Karen Stiffler's Motion to Withdraw as Attorney. The Clerk of Court shall terminate Ms. Stiffler as attorney of record in thiscase and terminate future notices to her in this matter. Ordered by Magistrate Judge F.A. Gossett. (MLF, ) (Entered: 02/20/2015)
2015-04-10 8 0 STRICKEN Summons Requested as to Gotham Inusruance Company regarding Complaint,,,, 1 . (Koukol, David) Modified on 4/10/2015 to add the word stricken per Order 9 (NMW). (Entered: 04/10/2015)
2015-04-10 9 0 TEXT STRIKE ORDER that Pursuant to NEGenR 1.3(a)(4), the Summons Requested 8 is stricken for the following reason(s): incorrect PDF document attached. The party is directed to re-file the document. Ordered by Magistrate Judge F.A. Gossett. (NMW) (Entered: 04/10/2015)
2015-04-10 10 0 Summons Requested as to regarding Complaint,,,, 1 . (Koukol, David) (Entered: 04/10/2015)
2015-04-10 11 0 Summons Issued as to defendant Gotham Insurance Company. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (NMW) (Entered: 04/10/2015)
2015-04-20 12 0 SUMMONS Returned Executed upon defendant Gotham Insurance Company on 4/13/2015. (Koukol, David) (Entered: 04/20/2015)
2015-04-24 13 0 NOTICE of Appearance by Attorney Thomas D. Donofrio on behalf of Defendant Gotham Insurance Company (Donofrio, Thomas) (Entered: 04/24/2015)
2015-04-24 14 0 NOTICE of Appearance by Attorney Michael R. Gregg on behalf of Defendant Gotham Insurance Company (Gregg, Michael) (Entered: 04/24/2015)
2015-04-28 15 0 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Thomas D. Donofrio on behalf of Defendant Gotham Insurance Company.(Donofrio, Thomas) (Entered: 04/28/2015)
2015-04-28 16 0 TEXT ORDER granting 15 Motion for Extension of Time to File a Responsive Pleading. Plaintiff has no objection. Gotham Insurance Company answer or response due 5/29/2015. Ordered by Magistrate Judge F.A. Gossett. (ARL, ) Modified on 4/28/2015 to indicate it is a text order(ARL, ). (Entered: 04/28/2015)
2015-04-29 17 0 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Gotham Insurance Company. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (KMG) (Entered: 04/29/2015)
2015-05-19 18 0 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent New York Marine and General Insurance Company, Corporate Parent ProSight Specialty Insurance Group, Inc. for Gotham Insurance Company. by Attorney Thomas D. Donofrio on behalf of Defendants Gotham Insurance Company, New York Marine and General Insurance Company, ProSight Specialty Insurance Group, Inc..(Donofrio, Thomas) (Entered: 05/19/2015)
2015-05-21 19 0 NOTICE of Appearance by Attorney Matthew F. Heffron on behalf of Defendant Gotham Insurance Company (Heffron, Matthew) (Entered: 05/21/2015)
2015-05-29 20 0 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Thomas D. Donofrio on behalf of Defendant Gotham Insurance Company.(Donofrio, Thomas) (Entered: 05/29/2015)
2015-05-29 21 0 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 20 by Attorney Thomas D. Donofrio on behalf of Defendant Gotham Insurance Company.(Donofrio, Thomas) (Entered: 05/29/2015)
2015-06-03 22 0 REASSIGNMENT ORDER - This case is reassigned to Judge John M. Gerrard for disposition and to Magistrate Judge Cheryl R. Zwart for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (JSF) (Entered: 06/03/2015)
2015-06-11 23 0 UNOPPOSED MOTION to Extend Time to File Response MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 20 by Attorney David J. Koukol on behalf of Plaintiff McShane Construction Company LLC.(Koukol, David) (Entered: 06/11/2015)
2015-06-11 24 0 TEXT ORDER granting 23 Motion for Extension of Time to File Responsive Pleading. The plaintiff's motion is granted. The plaintiff may respond to the defendant's Motion to Dismiss 20 on or before July 10, 2015. The defendant may reply in support of its motion on or before July 20, 2015. Ordered by Judge John M. Gerrard. (DCD) (Entered: 06/11/2015)
2015-06-22 25 0 APPLICATION/ORDER admitting pro hac vice Attorney Alan J. Martin for Plaintiff McShane Construction Company LLC. Ordered by Deputy Clerk. (ADB) (Entered: 06/23/2015)
2015-07-06 26 0 Mail Returned as Undeliverable addressed to Alan Martin regarding Application/Order Pro Hac Vice 25 . Mail resent to LAW OFFICES OF ALAN J. MARTIN, 77 West Wacker Drive, Suite 4800, Chicago, IL 60601. (same address but with correct suite number) (ADB, ) (Entered: 07/07/2015)
2015-07-10 27 0 AFFIDAVIT regarding Complaint,,,, 1 by Attorney David J. Koukol on behalf of Plaintiff McShane Construction Company LLC. (Attachments: # 1 Exhibit A-Part 1 Subcontract and General Conditions, # 2 Exhibit A-Part 2 Subcontract and General Conditions, # 3 Exhibit B-Part 1 2d Amended Answer & Counterclaim w-Exh 8, # 4 Exhibit B-Part 2 2d Amended Answer & Counterclaim w-Exh 8, # 5 Exhibit C-Part 1 Mallory policy with Gotham, # 6 Exhibit C-Part 2 Mallory policy with Gotham, # 7 Exhibit C-Part 3 Mallory policy with Gotham, # 8 Exhibit D-Part 1 Mallory Drawings, # 9 Exhibit D-Part 2 Mallory Drawings, # 10 Exhibit D-Part 3 Mallory Drawings, # 11 Exhibit E-June 5th email with claim letter, # 12 Exhibit F-Additional Insured Documents, # 13 Exhibit G-June 27th Email, # 14 Exhibit H-September 30th Email, # 15 Exhibit I-Status Report October 1, 2013, # 16 Exhibit J-October 23rd Email, # 17 Exhibit K-October 2nd Email, # 18 Exhibit L-October 31st Email, # 19 Exhibit M-November Damages Spreadsheet, # 20 Exhibit N-Status Report November 15, 2013, # 21 Exhibit O-November 15th Email, # 22 Exhibit P-November 15th Email 2nd, # 23 Exhibit Q-November 21st Email, # 24 Exhibit R-Status Report November 27th, # 25 Exhibit S-December 3rd Email, # 26 Exhibit T-Pt 1 Status Report December 5th, # 27 Exhibit T-Pt 2 Status Report December 5th, # 28 Exhibit T-Pt 3 Status Report December 5th, # 29 Exhibit T-Pt 4 Status Report December 5th, # 30 Exhibit U-December 5th Email, # 31 Exhibit V-December 10th Email, # 32 Exhibit W-Pt 1 Status Report December 10th, # 33 Exhibit W-Pt 2 Status Report December 10th, # 34 Exhibit W-Pt 3 Status Report December 10th, # 35 Exhibit W-Pt 4 Status Report December 10th, # 36 Exhibit X-December 11th Email, # 37 Exhibit Y-December 12th Email, # 38 Exhibit Z-December 13th Email, # 39 Exhibit AA-December 18th Letter, # 40 Exhibit BB-January 24th Letter, # 41 Exhibit CC-March 3rd Letter, # 42 Exhibit DD-March 27th Letter, # 43 Exhibit EE-March 28th Letter, # 44 Exhibit FF-April 1st Letter, # 45 Exhibit GG-January Damages Spreadsheet)(Koukol, David) (Entered: 07/10/2015)
2015-07-10 28 0 BRIEF in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 20 by Attorney David J. Koukol on behalf of Plaintiff McShane Construction Company LLC.(Koukol, David) (Entered: 07/10/2015)
2015-07-20 29 0 REPLY BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 20 by Attorney Thomas D. Donofrio on behalf of Defendant Gotham Insurance Company.(Donofrio, Thomas) (Entered: 07/20/2015)
2015-07-29 30 0 MOTION for Leave to File Sur-Reply Brief in response to Defendant's Reply Brief (filing 29) by Attorney David J. Koukol on behalf of Plaintiff McShane Construction Company LLC. (Attachments: # 1 Exhibit Plaintiff's Proposed Sur-Reply Brief to Defendant's Reply Brief (filing 29))(Koukol, David) (Entered: 07/29/2015)
2015-07-29 31 0 TEXT ORDER granting 30 Motion for Leave. The plaintiff may file its proposed sur-reply on or before July 30, 2015. The defendant's motion to dismiss will be considered fully submitted as of July 31, 2015, and no further briefing will be required. Ordered by Judge John M. Gerrard. (DCD) (Entered: 07/29/2015)
2015-07-29 32 0 BRIEF in opposition to Reply Brief 29 , Brief 21 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 20 by Attorney David J. Koukol on behalf of Plaintiff McShane Construction Company LLC.(Koukol, David) (Entered: 07/29/2015)
2015-08-21 33 0 NOTICE of Service of Discovery to Defendant (Interrogatories and Request for Production of Documents) by Attorney David J. Koukol on behalf of Plaintiff McShane Construction Company LLC (Koukol, David) (Entered: 08/21/2015)
2015-09-24 34 0 NOTICE of Service of Discovery Responses by Attorney Thomas D. Donofrio on behalf of Defendant Gotham Insurance Company (Donofrio, Thomas) (Entered: 09/24/2015)
2016-03-29 35 0 MEMORANDUM AND ORDER that Gotham's motion to dismiss 20 is granted. Plaintiff's complaint is dismissed. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (KLF) (Entered: 03/29/2016)
2016-03-29 36 0 JUDGMENT that for the reasons stated in the accompanying Memorandum and Order 35 , the plaintiff's complaint is dismissed. Ordered by Judge John M. Gerrard. (KLF) (Entered: 03/29/2016) 2017-10-29 22:14:10 4ace71e19fa6a23b1ee5e9d1a0f9f14f6cd56326
2016-04-26 37 0 MOTION to Amend Judgment 36 , Order on Motion to Dismiss for Failure to State a Claim 35 by Attorney David J. Koukol on behalf of Plaintiff McShane Construction Company LLC.(Koukol, David) (Entered: 04/26/2016)
2016-04-26 38 0 AFFIDAVIT Memorandum in Support of Rule 59(e) Motion to Alter or Amend Judgment regarding MOTION to Amend Judgment 36 , Order on Motion to Dismiss for Failure to State a Claim 35 37 by Attorney David J. Koukol on behalf of Plaintiff McShane Construction Company LLC.(Koukol, David) (Entered: 04/26/2016)
2016-05-09 39 0 MEMORANDUM AND ORDER that plaintiff's Motion to Alter or Amend Judgment 37 is denied. Ordered by Judge John M. Gerrard. (ADB) (Entered: 05/09/2016)
2016-06-07 40 0 NOTICE OF APPEAL regarding Order on Motion to Amend 39 , Judgment 36 , Order on Motion to Dismiss for Failure to State a Claim 35 by Attorney David J. Koukol on behalf of Plaintiff McShane Construction Company LLC. Filing fee $ 505, receipt number 0867-3217838. (Koukol, David) (Entered: 06/07/2016)
2016-06-07 41 0 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA 40 , Order on Motion to Dismiss for Failure to State a Claim 35 , Judgment 36 , and Order on Motion to Amend 39 . Notice of Appeal filed on 06/07/2016 by Plaintiff McShane Construction Company LLC. (KLF) (Entered: 06/07/2016)
2016-06-09 42 0 Letter by Clerk USCA 8th Circuit (16-2632) to counsel. (KLF) (Entered: 06/09/2016)
2016-06-09 43 0 SCHEDULING LETTER from USCA - 8th Circuit (16-2632) as to Notice of Appeal to USCA 40 . (KLF) (Entered: 06/09/2016)
2017-08-11 44 0 COPY of Opinion of USCA - 8th Circuit, Appellate Docket Number 16-2632, affirming the district court's grant of Gotham's Federal Rule of Civil Procedure 12(b)(6) motion to dismiss regarding Notice of Appeal to USCA 40 . (Attachments: # 1 Cover letter to counsel) (attachment added on 8/11/2017: # 2 Letter to West Publishing) (ADB). Modified on 8/11/2017 to add attachment #2 (ADB). (Entered: 08/11/2017)
2017-08-11 45 0 COPY of JUDGMENT from USCA - 8th Circuit (16-2632) that the district court's grant of Gotham's Federal Rule of Civil Procedure 12(b)(6) motion to dismiss is affirmed. (ADB) (Entered: 08/11/2017)
2017-08-11 46 0 Mail Returned as Undeliverable addressed to Thomas Donofrio at tdd@merlolaw.com regarding COPY of Order from USCA 45 , Opinion (Copy) of USCA 44 . E-mail resent to thomas.donofrio@ruberry-law.com. (Attachments: # 1 Additional returned e-mail) (ADB) (Entered: 08/11/2017)
2017-08-11 47 0 Mail Returned as Undeliverable addressed to Michael Gregg at mrg@merlolaw.com regarding COPY of Order from USCA 45 , Opinion (Copy) of USCA 44 . E-mail NOT RESENT: Merlo, Kanofsky Law Firm is no longer in practice and unable to locate attorney. (Attachments: # 1 Additional returned e-mail) (ADB) (Entered: 08/11/2017)
2017-09-01 48 0 MANDATE from USCA - 8th Circuit (16-2632) In accordance with the opinion and judgment of 08/11/2017, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter regarding Notice of Appeal to USCA 40 . (KLF) (Entered: 09/01/2017)