New Jersey District Court
Judge:William H Walls
Referred: Cathy L Waldor
Case #: 2:14-cv-05651
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Insurance Contract
Case Filed:Sep 11, 2014
Terminated:Feb 07, 2017
Last checked: Friday May 08, 2015 12:56 AM EDT
Defendant
CONTROL BUILDING SERVICES, INC.
Intervenor Defendant
DDR CORP.
3300 Enterprise Parkway
Beachwood, OH 44122
Represented By
JOSEPH S. KAVESH
Kenney, Shulton Liptak & Nowak
contact info
Plaintiff
COLONY NATIONAL INSURANCE COMPANY
Represented By
PAUL ANTHONY BRIGANTI
White And Williams LLP
contact info
PATRICIA B. SANTELLE
White And Williams LLP
contact info

GPO Aug 11 2015
OPINION. Signed by Judge William H. Walls on 8/11/15. (DD, )
GPO Nov 18 2015
OPINION fld. Signed by Judge William H. Walls on 11/18/15. (sr, )

Docket last updated: 3 hours ago
Wednesday, June 14, 2017
48 48 misc Stipulation of Dismissal Wed 06/14 10:42 AM
STIPULATION of Dismissal Without Prejudice by COLONY NATIONAL INSURANCE COMPANY. (BRIGANTI, PAUL)
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Friday, June 09, 2017
47 47 order Order Fri 06/09 11:30 AM
ORDER extending45 Administrative Termination Order for a period of 7 days. Signed by Judge William H. Walls on 6/9/17. (sr, )
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Thursday, June 08, 2017
46 46 misc Letter Thu 06/08 5:38 PM
Letter from Paul A. Briganti for Plaintiff Colony National Insurance Company. (BRIGANTI, PAUL)
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Tuesday, May 09, 2017
45 45 order Order Tue 05/09 2:33 PM
ORDER extending administration termination date for a period of 30 days. Signed by Judge William H. Walls on 5/9/17. (sr, )
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utility Set Deadlines/Hearings Tue 05/09 2:35 PM
Set Deadlines/Hearings: Administrative Termination deadline set for 6/9/2017 (sr, )
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Monday, May 08, 2017
44 44 misc Letter Mon 05/08 10:58 AM
Letter from Paul A. Briganti for Plaintiff Colony National Insurance Company. (BRIGANTI, PAUL)
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Thursday, April 06, 2017
43 43 order Order Thu 04/06 11:14 AM
ORDER extending the administrative termination deadline w/in 30 days. Signed by Judge William H. Walls on 4/6/17. (sr, )
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utility Set/Reset Deadlines Thu 04/06 11:15 AM
Reset Deadlines: Administrative Termination deadline set for 5/10/2017 (sr, )
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Wednesday, April 05, 2017
42 42 misc Letter Wed 04/05 3:40 PM
Letter from Paul A. Briganti for Plaintiff Colony National Insurance Company. (BRIGANTI, PAUL)
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Tuesday, February 07, 2017
41 41 order Order 60-Day Administrative Termination Wed 02/08 8:34 AM
Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 4/10/2017. Signed by Judge William H. Walls on 2/7/17. (sr, )
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Wednesday, January 11, 2017
40 40 misc Letter Wed 01/11 9:45 AM
Letter from Paul A. Briganti for Plaintiff Colony National Insurance Company. (BRIGANTI, PAUL)
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Monday, December 12, 2016
39 39 order Order Mon 12/12 2:34 PM
TEXT ORDER: The telephone conference scheduled for 12/12/16 will be rescheduled for 12/13/16 at 9:50 AM. Plaintiff's counsel shall initiate the call. So Ordered by Magistrate Judge Cathy L. Waldor on 12/12/16. (tjg, )
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Monday, November 07, 2016
38 38 order Order Mon 11/07 10:25 AM
TEXT ORDER: The Court will hold a telephone conference, to be initiated by plaintiff, on 12/12/16 at 9:50am. Parties may contact chambers at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 11/7/16. (tjg, )
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minutes Telephone Conference Mon 11/07 10:23 AM
Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 11/7/2016. (tjg, )
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Tuesday, October 04, 2016
minutes Telephone Conference Tue 10/04 1:45 PM
Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 10/4/2016. (tjg, )
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order Order Tue 10/04 1:49 PM
TEXT ORDER: The Court will hold a brief telephone conference, to be initiated by plaintiff, on 11/7/16 at 9:50am. Parties may contact chambers at (973) 776 7862. Signed by Magistrate Judge Cathy L. Waldor on 10/4/16. (tjg, )
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Thursday, July 07, 2016
37 37 order Order Thu 07/07 12:10 PM
TEXT ORDER: The Court will hold a telephone conference, to be initiated by plaintiff, on 10/4/16 at 1:30 PM. fact end is extended to 12/30/16. Parties may contact chambers at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 7/7/16. (tjg, )
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minutes Telephone Conference Thu 07/07 12:09 PM
Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 7/7/2016. (tjg, )
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Friday, May 06, 2016
36 36 order Order Fri 05/06 1:18 PM
TEXT ORDER: The Court will hold a teleconference, to be initiated by Plaintiff, on Thursday, July 7, 2016 at 11:30 AM. So Ordered by Magistrate Judge Cathy L. Waldor on 5/6/16. (tjg, )
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minutes Telephone Conference Fri 05/06 10:42 AM
Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 5/6/2016. (tjg, )
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Friday, March 04, 2016
misc Pro Hac Vice Fee Received Fri 03/04 1:12 PM
Pro Hac Vice fee: $ 150, receipt number NEW028862 RE: Jessica L. Foscolo. (sr, )
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notice Notice of Pro Hac Vice counsel added Fri 03/04 1:14 PM
Pro Hac Vice counsel, JESSICA L. FOSCOLO, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (sr, )
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Tuesday, March 01, 2016
qc QC - Pro Hac Vice request Tue 03/01 9:52 AM
CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the Request for Electronic Notification of Pro Hac Vice Counsel submitted by J. Kavesh on 2/29/16 cannot be processed until pro hac application fee has been paid. Counsel is advised that once the fee has been recorded Electronic Notification of Pro Hac Vice Counsel will be noted. This message is for informational purposes only. (sr, )
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Monday, February 29, 2016
35 35 notice Notice of Pro Hac Vice to Receive NEF Mon 02/29 12:53 PM
Notice of Request by Pro Hac Vice Jessica L. Foscolo to receive Notices of Electronic Filings. (KAVESH, JOSEPH)
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Tuesday, February 23, 2016
34 34 order Scheduling Order Tue 02/23 2:59 PM
PRETRIAL SCHEDULING ORDER: scheduling a Telephone Conference for 5/6/2016 10:00 AM before Magistrate Judge Cathy L. Waldor, any motion to amend pleadings must be filed by 8/28/2016, Fact Discovery shall remain open through 8/28/2016, any motion to add new parties, whether by amended or third-party complaint, must be filed by 8/28/2016. Signed by Magistrate Judge Cathy L. Waldor on 2/23/16; etc(sr, )
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minutes Pretrial Conference - Initial Tue 02/23 2:36 PM
Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Initial Pretrial Conference held on 2/23/2016. (tjg, )
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Monday, February 22, 2016
33 33 order Stipulation and Order Tue 02/23 7:41 AM
STIPULATION AND ORDER permitting Jessica L. Foscolo to appear pro hac vice. Signed by Magistrate Judge Cathy L. Waldor on 2/22/16. (sr, )
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Friday, February 19, 2016
32 32 misc Affidavit Fri 02/19 12:53 PM
AFFIDAVIT of Jessica L. Foscolo in Support of Her Application for Pro Hac Vice by DDR CORP..(KAVESH, JOSEPH)
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Att: 1 Exhibit Certificates of Good Standing for U.S. District Courts,
Att: 2 Certification of Joseph S. Kavesh in Support of DDR's Application for Admission Pro Hac Vice of Jessica L. Foscolo,
Att: 3 Text of Proposed Order Stipulation and Order Granting Application for Admission Pro Hac Vice
Wednesday, December 30, 2015
31 31 order Order Wed 12/30 1:19 PM
ORDER adjourning the 1/4/16 conference to 2/23/16. The parties shall submit a joint discovery plan by 2/19/16. Signed by Magistrate Judge Cathy L. Waldor on 12/30/15. (sr, )
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Wednesday, November 18, 2015
30 30 order Judgment - Default Wed 11/18 3:51 PM
DEFAULT JUDGMENT in the sum of $135,414.92 in favor of Plaintiff, COLONY NATIONAL INSURANCE COMPANY against Defendant, CONTROL BUILDING SERVICES, INC.. Signed by Judge William H. Walls on 11/18/15. (sr, )
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29 29 19 pgs order Opinion Wed 11/18 3:46 PM
OPINION fld. Signed by Judge William H. Walls on 11/18/15. (sr, )
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Tuesday, October 13, 2015
28 28 respm Reply Brief to Opposition to Motion Tue 10/13 3:53 PM
REPLY BRIEF to Opposition to Motion filed by COLONY NATIONAL INSURANCE COMPANY re7 MOTION for Default Judgment as to DEFENDANT CONTROL BUILDING SERVICES, INC. (BRIGANTI, PAUL)
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Monday, October 05, 2015
27 27 respm Affidavit in Opposition to Motion Mon 10/05 5:16 PM
AFFIDAVIT in Opposition filed by DDR CORP. re7 MOTION for Default Judgment as to DEFENDANT CONTROL BUILDING SERVICES, INC. (KAVESH, JOSEPH)
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Att: 1 Exhibit 2008 to 2009 Colony policy,
Att: 2 Exhibit 2009 to 2011 Colony policy,
Att: 3 Exhibit Mark Wyse Complaint,
Att: 4 Exhibit Colony Summons and Complaint,
Att: 5 Exhibit Affidavit of Service,
Att: 6 Exhibit Colony's Request for Default,
Att: 7 Exhibit Colony ROR 1.28.15 letter,
Att: 8 Exhibit KLSN 2.23.15 letter to court,
Att: 9 Exhibit Colony ROR 3.4.15 letter,
Att: 10 Exhibit Motion to Intervene Order and Opinion,
Att: 11 Exhibit DDR Answer with Counterclaim,
Att: 12 Exhibit Colony Reply to DDR counterclaim,
Att: 13 Affidavit Affidavit of Eric C. Cotton,
Att: 14 Brief DDR Memo of Law in Opposition
Friday, September 25, 2015
26 26 answer Answer to Counterclaim Fri 09/25 2:40 PM
ANSWER to Counterclaim by COLONY NATIONAL INSURANCE COMPANY.(BRIGANTI, PAUL)
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Tuesday, September 08, 2015
25 25 order Order Tue 09/08 10:19 AM
TEXT ORDER: The Court will hold an initial conference (rule 16) before U.S.M.J. C. Waldor by telephone on 1/4/16 at 9:45 AM. Plaintiff shall initiate the call. Parties are to submit a Joint Discovery Plan no later than 3 days before the scheduled conference. Please contact chambers with any questions or concerns at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 9/8/15. (tjg, )
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Friday, September 04, 2015
24 24 answer Answer to Complaint Counterclaim Fri 09/04 2:12 PM
ANSWER to Complaint , COUNTERCLAIM against COLONY NATIONAL INSURANCE COMPANY by DDR CORP..(KAVESH, JOSEPH)
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Wednesday, September 02, 2015
23 23 order Stipulation and Order Wed 09/02 1:29 PM
STIPULATION AND ORDER that the deadline for DDR to respond to the Complaint is extended to 9/4/15, return date of Colony's Motion for Default Judgment as against Control Building is extended to 10/19/15, deadline to file any opposition papers to Colony's Motion for Default Judgment as against Control Building is extended to 10/5/15, and the deadline to file any reply papers in further support of Colony's Motion for Default Judgment as against Control Building is extended to October 13, 2015. Signed by Judge William H. Walls on 9/2/15. (sr, )
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Monday, August 31, 2015
22 22 misc Stipulation Mon 08/31 4:02 PM
STIPULATION and Order Adjourning DDR'S Time to Respond To The Complaint and Colony's Motion for Default Judgment Against Control Building by DDR CORP.. (KAVESH, JOSEPH)
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Tuesday, August 11, 2015
21 21 order Order Tue 08/11 3:08 PM
ORDER granting9 MOTION to Intervene by DDR CORP. The Clerk is directed to amend the caption to include DDR Corp. (f/k/a Developers Diversified Realty Corporation) as a defendant; DDR shall respond to the complaint within 21 days of the date of this order. Signed by Judge William H. Walls on 8/11/15. (DD, )
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20 20 8 pgs order Opinion Tue 08/11 3:03 PM
OPINION. Signed by Judge William H. Walls on 8/11/15. (DD, )
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Monday, August 10, 2015
19 19 misc Stipulation Mon 08/10 2:00 PM
STIPULATION and Order Adjourning DDR Corp.'s Motion to Intervene by DDR CORP.. (KAVESH, JOSEPH)
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Monday, August 03, 2015
18 18 misc Exhibit (to Document) Mon 08/03 4:55 PM
Exhibit to17 Brief by COLONY NATIONAL INSURANCE COMPANY. (BRIGANTI, PAUL)
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17 17 respoth Brief Mon 08/03 4:48 PM
BRIEF IN OPPOSITION TO DDR'S MOTION TO INTERVENE (BRIGANTI, PAUL)
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Thursday, June 11, 2015
16 16 order Order Thu 06/11 4:01 PM
ORDER adjourning7 MOTION for Default Judgment as to DEFENDANT CONTROL BUILDING SERVICES, INC. filed by COLONY NATIONAL INSURANCE COMPANY to 9/8/15. Signed by Magistrate Judge Cathy L. Waldor on 6/11/15. (sr, )
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Monday, June 01, 2015
utility Set/Reset Motion and R&R Deadlines/Hearings Mon 06/01 10:01 AM
Set/Reset Deadlines as to7 MOTION for Default Judgment as to DEFENDANT CONTROL BUILDING SERVICES, INC. . Motion set for 6/15/2015 before Judge William H. Walls. The motion will be decided on the papers. No appearances required unless notified by the court. (sr, )
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Friday, May 29, 2015
15 15 order Stipulation and Order Mon 06/01 10:00 AM
SECOND STIPULATION AND ORDER adjourning DDR's Motion to Intervene until 8/17/15; etc. Signed by Judge William H. Walls on 5/29/15. (sr, )
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Thursday, May 28, 2015
14 14 misc Stipulation Thu 05/28 4:14 PM
STIPULATION re9 MOTION to Intervene SECOND STIPULATION AND ORDER ADJOURNING DDR CORP.'S MOTION TO INTERVENE by COLONY NATIONAL INSURANCE COMPANY. (BRIGANTI, PAUL)
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Tuesday, April 21, 2015
13 13 order Order Tue 04/21 12:09 PM
TEXT ORDER ---- The parties' request for extended deadlines regarding DDR Corp's motion to intervene, ECF # 9, is granted. The new deadlines are set forth in the parties stipulation, ECF #12 So Ordered by Judge William H. Walls on 4/21/2015. (emc)
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Wednesday, April 15, 2015
12 12 misc Stipulation Wed 04/15 3:49 PM
STIPULATION re9 MOTION to Intervene STIPULATION AND ORDER ADJORNING DDR CORP.'S MOTION TO INTERVENE by COLONY NATIONAL INSURANCE COMPANY. (BRIGANTI, PAUL)
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Wednesday, April 01, 2015
11 11 order Order Wed 04/01 10:03 AM
TEXT ORDER Please disregard the Court's Order regarding the deadline for filing the motion to intervene, ECF No. 10. It is moot in light of DDR's motion, ECF No. 9. So Ordered by Judge William H. Walls on 4/1/15. (sr, )
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Tuesday, March 31, 2015
10 10 order Order Tue 03/31 1:41 PM
ORDER that any motion to intervene shall be filed by 4/30/15. Signed by Judge William H. Walls on 3/31/15. (sr, )
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Monday, March 30, 2015
9 9 motion Intervene Mon 03/30 2:45 PM
MOTION to Intervene by DDR CORP..(KAVESH, JOSEPH)
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Att: 1 Affidavit,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C,
Att: 5 Exhibit D1,
Att: 6 Exhibit D2,
Att: 7 Exhibit E,
Att: 8 Exhibit F,
Att: 9 Brief Memorandum of Law in Support of DDR's Motion to Intervene,
Att: 10 Text of Proposed Order
utility Remark (public) Mon 03/30 3:36 PM
CLERK'S NOTE RE: document #7 - Motion to Intervene - Chambers will notify counsel if oral argument is necessary. (sr, )
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Monday, February 23, 2015
8 8 misc Letter Mon 02/23 11:55 AM
Letter.(KAVESH, JOSEPH)
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Att: 1 Statement Ltr from Colony dated January 28, 2015
Tuesday, January 13, 2015
utility Remark (public) Tue 01/13 11:35 AM
CLERK'S NOTE RE: document #7 Motion for Default Judgment - Chambers will notify counsel if oral argument is necessary. (sr, )
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Monday, January 12, 2015
7 7 motion Default Judgment Mon 01/12 2:42 PM
MOTION for Default Judgment as to DEFENDANT CONTROL BUILDING SERVICES, INC. by COLONY NATIONAL INSURANCE COMPANY. Responses due by 2/3/2015(BRIGANTI, PAUL)
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Att: 1 Brief,
Att: 2 Affidavit of Regina L. Tuggle,
Att: 3 Text of Proposed Order,
Att: 4 Certificate of Service
Tuesday, October 28, 2014
6 6 Request for Default by COLONY NATIONAL INSURANCE COMPANY against CONTROL BUILDING SERVICES, INC..(BRIGANTI, PAUL)
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Att: 1 Declaration Declaration of Paul A. Briganti
Clerk's ENTRY OF DEFAULT as to Control Building Services, Inc. for failure to plead or otherwise defend. (sr, )
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Monday, October 06, 2014
5 5 SUMMONS Returned Executed by COLONY NATIONAL INSURANCE COMPANY. CONTROL BUILDING SERVICES, INC. served on 9/25/2014, answer due 10/16/2014. (BRIGANTI, PAUL)
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Friday, September 19, 2014
4 4 NOTICE of Appearance by PAUL ANTHONY BRIGANTI on behalf of COLONY NATIONAL INSURANCE COMPANY (BRIGANTI, PAUL)
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Tuesday, September 16, 2014
3 3 SUMMONS ISSUED as to CONTROL BUILDING SERVICES, INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *ANGELICA RICHARDSON* (anr)
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Thursday, September 11, 2014
2 2 Corporate Disclosure Statement by COLONY NATIONAL INSURANCE COMPANY identifying ARGO GROUP INTERNATIONAL HOLDINGS, LTD. as Corporate Parent. (anr)
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1 1 COMPLAINT against CONTROL BUILDING SERVICES, INC. ( Filing and Admin fee $ 400 receipt number 0312-5923245) with JURY DEMAND, filed by COLONY NATIONAL INSURANCE COMPANY.(anr)
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Att: 1 Civil Cover Sheet,
Att: 2 Exhibit A