Motorists Mutual Insurance Company v. Coalfield Lumber Company, Inc.

Kentucky Eastern District Court
Judge:David L Bunning
Case #: 7:21-cv-00100
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Breach of Contract
Case Filed:Dec 06, 2021
Terminated:Mar 18, 2022
Last checked: Saturday Jun 04, 2022 4:45 AM EDT
Defendant
Coalfield Lumber Company, Inc.
Plaintiff
Motorists Mutual Insurance Company
Represented By
Stephen F. Soltis
Jenkins Fenstermaker, PLLC
contact info
Michael A. Frye
Jenkins Fenstermaker, Pllc - Wv
contact info
Sarah Ann Walling
contact info


Docket last updated: 2 hours ago
Monday, January 29, 2024
23 23 service Return of Service Mon 01/29 3:47 PM
PROCESS RECEIPT AND RETURN (USM-285) re22 WRIT OF EXECUTION. (RCB)
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Friday, January 26, 2024
22 22 order Writ Issued Fri 01/26 1:18 PM
WRIT OF EXECUTION issued as to Coalfield Lumber Company, Inc. re19 Application for Writ of Execution, re21 Order. COR, USM (certified copy w/judgment) (RCB) (RCB). Modified text on 1/26/2024 (RCB)
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Att: 1 (1/26/2024) USM Receipt
Thursday, January 25, 2024
21 21 2 pgs order Order Thu 01/25 5:22 PM
ORDER: (1) The Application for Writ of Execution (Doc. #19 ) is granted; (2) United States Marshals Service is directed to serve the Writ of Execution to address contained therein; and (3) The original Writ of Execution (Doc. #18 ) is hereby stricken from the docket. Signed by Judge David L. Bunning on 1/25/2024.(RCB)
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Att: 1 Writ of Execution
20 20 notice Notice of Filing Thu 01/25 12:14 PM
NOTICE OF FILING by Motorists Mutual Insurance Company re19 Application for Writ Proposed Order Directing U.S. Marshal to Serve Writ of Execution (Frye, Michael)
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Wednesday, January 24, 2024
19 19 misc Application for Writ Wed 01/24 3:49 PM
APPLICATION for Writ of Execution by Motorists Mutual Insurance Company. (Frye, Michael)
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utility File Submitted Wed 01/24 4:36 PM
***FILE SUBMITTED TO CHAMBERS of Judge Bunning for review:19 Application for Writ of Execution (RCB)
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Monday, November 20, 2023
18 18 order Writ Issued Mon 11/20 4:02 PM
WRIT OF EXECUTION issued as to Coalfield Lumber Company, Inc. re17 Application for Writ of Execution. cc: COR, USM (certified copy w/judgment), Dft (via US mail at address listed on writ) (RCB)
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Friday, November 17, 2023
17 17 misc Application for Writ Fri 11/17 9:28 AM
APPLICATION for Writ of Execution by Motorists Mutual Insurance Company. (Frye, Michael)
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utility File Submitted Fri 11/17 12:57 PM
***FILE SUBMITTED TO CHAMBERS of Judge Bunning for review:17 Application for Writ of Execution (RCB)
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Wednesday, August 02, 2023
misc Clerk's Note Wed 08/02 1:16 PM
Clerk's Note: Clerk contacted counsel's office to advises the16 Application for Writ of Execution cannot be issued as presented. Counsel to re-submit corrected Writ of Execution. (RCB)
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Tuesday, August 01, 2023
16 16 misc Application for Writ Tue 08/01 4:46 PM
APPLICATION for Writ of Execution by Motorists Mutual Insurance Company. (Frye, Michael)
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Wednesday, April 19, 2023
15 15 order Writ of Garnishment Wed 04/19 4:48 PM
ORDER FOR WRIT OF GARNISHMENT issued as to Judgment Debtor Coalfield Lumber Co. Inc. for the Garnishee Community Trust Bank, Inc. in the amount of $89,984.66 plus 6% interest until judgment is paid in full. cc: COR (RCB)
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Att: 1 Affidavit and Answer of Garnishee
14 14 misc Application for Writ Wed 04/19 4:14 PM
APPLICATION for Writ of (Non-Wage) Garnishment Affidavit for Order of Garnishment (non-wage) by Motorists Mutual Insurance Company.(Frye, Michael)
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Att: 1 Attachment Order of Garnishment (non-wage),
Att: 2 Attachment Affidavit and Answer of Garnishee
utility Add and Terminate Parties Thu 04/20 9:46 AM
Garnishee Party, Community Trust Bank, Inc. added, per DE #14. (TDA)
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Tuesday, April 18, 2023
13 13 notice Notice of Filing Tue 04/18 12:04 PM
NOTICE OF FILING by Motorists Mutual Insurance Company(Frye, Michael)
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Att: 1 Attachment Order of Garnishment (non-wage),
Att: 2 Attachment Affidavit and Answer of Garnishee
misc Clerk's Note Tue 04/18 4:48 PM
Clerk's Note re13 Notice of Filing Application for Writ of Garnishment: The Writ of Garnishment did not include the interest as stated on the Judgment so the writ cannot be issued as presented. Contacted the attorney regarding the interest, he advised the writ would be amended and filed using the correct event. (RCB)
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Friday, March 18, 2022
12 12 3 pgs order Order Dismissing Case Fri 03/18 12:07 PM
DEFAULT JUDGMENT ORDER AND ORDER OF DISMISSAL: It ADJUDGED, ORDERED, and DECREED that judgment be entered in favor of Motorists Mutual Insurance Company and against Dft, Coalfield Lumber Company, Inc., in amount of $89,984.66; It is further ADJUDGED, ORDERED, and DECREED that Motorists Mutual Company is awarded post-judgment interest against Dft Coalfield Lumber Company, Inc. at the current prevailing statutory rate of 6% until judgment is paid in full; and It is further ADJUDGED, ORDERED, and DECREED that this matter is dismissed from docket of this Court, with Court retaining jurisdiction over any proceedings related to satisfaction of this judgment. IT IS FURTHER ORDERED that Clerk of Court shall enter this Order and forward certified copies of Order upon its entry as follows: Michael A. Frye, Esq., Stephen F. Soltis, Esq. Signed by Judge David L. Bunning on 3/18/2022. (RCB)
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Friday, March 11, 2022
11 11 motion Default Judgment Fri 03/11 11:31 AM
MOTION for Default Judgment by Motorists Mutual Insurance Company Motion for Judgment of Default(Soltis, Stephen) Modified text on 3/11/2022 (RCB)
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Att: 1 Exhibit 1 - Affidavit,
Att: 2 Proposed Order Default Judgment
utility Motion Submitted Fri 03/11 12:01 PM
***MOTION SUBMITTED TO CHAMBERS of Judge Bunning for review: re11 MOTION for Default Judgment by Motorists Mutual Insurance Company Motion for Judgment of Default (RCB)
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Thursday, March 03, 2022
10 10 order Clerks Entry of Default Thu 03/03 1:35 PM
Clerk's ENTRY OF DEFAULT as to Coalfield Lumber Company, Inc.8 MOTION for Entry of Default by Motorists Mutual Insurance Company cc: COR and Coalfield Lumber Company, Inc. by US Mail (RCB)
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9 9 motion Entry of Default Thu 03/03 11:37 AM
PROPOSED ORDER by Motorists Mutual Insurance Company Clerk's Entry of Default re8 (Soltis, Stephen) Modified text, termed motion, created link on 3/3/2022 (RCB)
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8 8 motion Entry of Default Thu 03/03 11:36 AM
MOTION for Entry of Default by Motorists Mutual Insurance Company Request for Entry of Default(Soltis, Stephen) (RCB)
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Att: 1 Affidavit in Support of a Request for Entry of Default
Att: 2 (3/3/2022) Proposed Order
7 7 notice Notice of Appearance Thu 03/03 11:14 AM
NOTICE of Appearance by Stephen F. Soltis on behalf of Motorists Mutual Insurance Company (Soltis, Stephen)
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notice Notice of Docket Modification Thu 03/03 1:19 PM
NOTICE OF DOCKET MODIFICATION TO Stephen Soltis re9 PROPOSED ORDER by Motorists Mutual Insurance Company Clerk's Entry of Default : Error : the proposed order9 was incorrectly filed as a separate entry using the event "[motion for entry of default]." Entry by attorney; Clerk modified the docket text of9 to state "PROPOSED ORDER;" clerk attached the proposed order to the Motion for Entry of Default8 ; In the future, file the proposed order as an attachment to the motion instead of making a separate entry. No further action required by counsel. cc: COR (RCB)
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Tuesday, January 18, 2022
6 6 misc Disclosure Statement pursuant to FRCP 7.1 Tue 01/18 9:03 PM
FRCP 7.1 DISCLOSURE STATEMENT by Motorists Mutual Insurance Company identifying Corporate Parent Encova Mutual Insurance Group, Inc. for Motorists Mutual Insurance Company.. (Soltis, Stephen)
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Thursday, January 13, 2022
5 5 service Summons Returned Executed Thu 01/13 4:00 PM
SUMMONS Returned Executed by Motorists Mutual Insurance Company via Personal Service to Coalfield Lumber Company, Inc. served on 1/12/2022, answer due 2/2/2022. (Walling, Sarah)
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Wednesday, January 05, 2022
4 4 notice Notice of Deficiency re: Rule 7.1 Disclosures Wed 01/05 8:36 AM
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Stephen Soltis.1 Complaint has been filed by Motorists Mutual Insurance Company without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (RCB)
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Monday, December 06, 2021
3 3 service Summons Issued Mon 12/06 12:11 PM
Summons Issued as to Coalfield Lumber Company, Inc.; Summons issued and returned to counsel electronically. (RCB)
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1 1 cmp Complaint Mon 12/06 12:08 PM
COMPLAINT filed by Motorists Mutual Insurance Company. (Filing fee $402; receipt number AKYEDC-5138497)(RCB)
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Att: 1 Affidavit - Toney Stroud Verification,
Att: 2 Civil Cover Sheet,
Att: 3 Proposed Summons
misc Conflict Check Mon 12/06 12:12 PM
Conflict Check run. (RCB)
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