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Photo of Kankakee Co

Court

Kankakee Co

Illinois

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Case Information

Filed 2024-01-08
Status Open
Type Mr Miscellaneous Remedy
Docket 64 entries

Parties

Plaintiff Berkley Specialty Insurance Company
Defendant Freight Crate Inc.|Castelan, Salustio Ostorva|Mantkin, Llc|Gray Material Handling, Inc.
Photo of Hon. Parkhurst Lindsay

Judge

Hon. Parkhurst Lindsay

Kankakee County (IL)

Illinois

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Lawyers

Docket Entries

  1. COMPLAINT FOR DECLARATORY JUDGMENT FILED BY Receipt: 452441 Date: 01/09/2024 Dana A Rice (Attorney) on behalf of BERKLEY SPECIALTY INSURANCE COMPANY (PLAINTIFF)
  2. SUMMONS ISSUED
  3. Issue Date: 01/11/2024 Service: SUMMONS Method: PERSONAL SERVICE Provider: FOREIGN SERVER Cost Per: $ MANTKIN, LLC RA COGENCY GLOBAL INC 600 SOUTH SECOND ST SUITE 404 SPRINGFIELD, IL 62704 Tracking No: P000096974 GRAY MATERIAL HANDLING, INC. 300 ROGERS STREET BARNESVILLE, GA 30204 Tracking No: P000096975 FREIGHT CRATE INC. 71 S WACKER DRIVE SUITE 2110 CHICAGO, IL 60606 Tracking No: P000096976
  4. SUCCESSFUL SERVICE Method : PERSONAL SERVICE Issued : 01/11/2024 Service : SUMMONS Served : 01/16/2024 Return : 01/23/2024 On : GRAY MATERIAL HANDLING, INC. Signed By : Reason : SUCCESSFUL SERVICE Comment : Tracking #: P000096975 Service Location :
  5. SUMMONS ISSUED
  6. Summons Issued. Comment SUMMONS ISSUED
  7. SUCCESSFUL SERVICE Comment SUCCESSFUL SERVICE Method : PERSONAL SERVICE Issued : Service : SUMMONS Served : 01/18/2024 Return : 01/29/2024 On : MANTKIN, LLC Signed By : Reason : SUCCESSFUL SERVICE Comment: 
 
 Tracking #: P000096974
 Service Location :
  8. Personal Service issued. Comment Issue Date: Service: ALIAS SUMMONS Method: PERSONAL SERVICE Provider: FOREIGN SERVER Cost Per: $ GRAY MATERIAL HANDLING, INC. C/O JOHNATHAN LEE GRAY 162 VIEWPOINT DRIVE JACKSON, GA 30233 Tracking No: P000098249
 
 
 FREIGHT CRATE INC.
 2319 N WALKERS MILL ROAD
 GRIFFIN, GA 30223
 Tracking No: P000098250
 
  9. Alias Summons issued. Comment ALIAS SUMMONS ISSUED Receipt: 456374 Date:
  10. Appearance/Answer/Response filed by Comment APPEARANCE FILED BY Michael A. Carin (Attorney) on behalf of SALUSTIO OSTORVA CASTELAN (DEFENDANT) Receipt: 456960 Date: Attorney: Michael A. Carin
  11. SUCCESSFUL SERVICE Comment SUCCESSFUL SERVICE Method : PERSONAL SERVICE Issued : Service : ALIAS SUMMONS Served : 03/22/2024 Return : 04/03/2024 On : FREIGHT CRATE INC. Signed By : Reason : SUCCESSFUL SERVICE
 Comment : 
 
 Tracking #: P000098250
 Service Location :
  12. Appearance/Answer/Response filed by Comment APPEARANCE FILED BY Douglas Merrick DeWitt (Attorney) on behalf of MANTKIN, LLC (DEFENDANT) Receipt: 458108 Date: Attorney: Douglas Merrick DeWitt
  13. Affidavit Filed Comment AFFIDAVIT OF INSUFFICIENT KNOWLEDGE FILED BY Douglas Merrick DeWitt (Attorney) on behalf of MANTKIN, LLC (DEFENDANT) Attorney: Douglas Merrick DeWitt
  14. Answer/Response to Complaint/Petition Comment MANTKIN, LLC'S ANSWER TO COMPLAINT FOR DECLARATORY JUDGMENT FILED BY Douglas Merrick DeWitt (Attorney) on behalf of MANTKIN, LLC (DEFENDANT) Attorney: Douglas Merrick DeWitt
  15. Personal Service issued. Comment Issue Date: Service: ALIAS SUMMONS Method: PERSONAL SERVICE Provider: FOREIGN SERVER Cost Per: $ GRAY MATERIAL HANDLING, INC. C/O JOHNATHAN LEE GRAY 1104 CLAY STREET MONTICELLO, GA 31064 Tracking No: P000099001
 
  16. Alias Summons issued. Comment ALIAS SUMMONS ISSUED Receipt: 458673 Date:
  17. SUCCESSFUL SERVICE Comment SUCCESSFUL SERVICE Method : PERSONAL SERVICE Issued : Service : ALIAS SUMMONS Served : 04/26/2024 Return : 05/13/2024 On : GRAY MATERIAL HANDLING, INC. Signed By : Reason : SUCCESSFUL SERVICE
 Comment : 
 
 Tracking #: P000099001
 Service Location :
  18. CASE SCHEDULED Comment CASE SCHEDULED Event: MOTION OR PETITION Date: Time: 9:00 am Judge: PARKHURST, LINDSAY Location: ROOM 204 Result: MOTION ALLOWED
  19. Motion Filed Comment MOTION FOR ORDER OF DEFAULT AGAINST DEFENDANTS GRAY MATERIAL HANDLING, INC. AND FREIGHT CRATE, INC. FILED BY Dana A Rice (Attorney) on behalf of BERKLEY SPECIALTY INSURANCE COMPANY (PLAINTIFF) Attorney: Dana A Rice
  20. Notice of Motion Filed Comment AMENDED NOTICE OF MOTION FILED BY Dana A Rice (Attorney) on behalf of BERKLEY SPECIALTY INSURANCE COMPANY (PLAINTIFF) Attorney: Dana A Rice
  21. Motion or Petition Original Type Motion or Petition Judicial Officer Parkhurst, Lindsay Hearing Time 9:00 AM Result Motion Allowed Comment
  22. CASE SCHEDULED Comment CASE SCHEDULED Event: STATUS/SETTING Date: Time: 9:00 am Judge: PARKHURST, LINDSAY Location: ROOM 204 Result: CONTINUED
  23. CASE CALLED Comment CASE CALLED. ATTORNEY MACKLIN APPEARS FOR PLAINTIFF. ATTORNEY EDWARDS APPEARS FOR DEFENDANT. COURT NOTES THAT NOTICE FOR MOTION FOR ORDER OF DEFAULT AGAINST DEFENDANTS GRAY MATERIAL HANDLING, INC. AND FREIGHT CRATE, INC.WAS PROPER. ARGUMENTS ARE HEARD. ISSUE OF DAMAGE IS RESERVED. COURT FINDS MOTION FOR ORDER OF DEFAULT AGAINST DEFENDANTS GRAY MATERIAL HANDLING, INC. AND FREIGHT CRATE, INC. IS GRANTED AND ENTERED. SEE ORDER TO FOLLOW. CASE MANAGEMENT ORDER IS TO BE ON FILE BY 7-8-24. CASE IS CONTI NUED TO 7-9-24 AT 9AM ROOM 204 FOR STATUS OF PLEADINGS AND SETTING OF PENDING MOTIONS. DOCKET TO STAND AS THE COUTS ORDER. (PARKHURST;204/AUDIO) CO
  24. Order presented, signed, and filed. Comment (PROPOSED) ORDER PRESENTED, SIGNED AND FILED. (PARKHURST)
  25. Status/Setting Original Type Status/Setting Judicial Officer Parkhurst, Lindsay Hearing Time 9:00 AM Result Continued Comment
  26. CASE CALLED Comment CASE CALLED FOR STATUS. ATTORNEY MACKLIN APPEARS FOR PLAINTIFF. ATTORNEY DEWITT APPEARS FOR DEFENDANT MANTKIN. CASE MANAGEMENT ORDER TO BE SUBMITTED WITHIN 7 DAYS. DEFENDANT IS GIVEN 28 DAYS TO ANSWER OR OTHERWISE PLEAD. CASE IS CONTINUED TO 8-15-2024AT 9:00AM FOR STATUS OF PLEADINGS AND COMPLIANCE WITH CASE MANAGEMENT ORDER. (PARKHURST;204;AUDIO)TEH
  27. CASE SCHEDULED Comment CASE SCHEDULED Event: STATUS OF DISCOVERY Date: Time: 9:00 am Judge: PARKHURST, LINDSAY Location: ROOM 204
  28. Order presented, signed, and filed. Comment ORDER PRESENTED, SIGNED AND FILED. (PARKHURST)
  29. Case Management Order entered. Comment CASE MANAGEMENT ORDER ENTERED. (PARKHURST)
  30. Motion Filed Comment MOTION FOR ORDER OF DEFAULT AGAINST DEFENDANT SALUSTIO OSTORVA CASTELAN FILED BY Dana A Rice (Attorney) on behalf of BERKLEY SPECIALTY INSURANCE COMPANY (PLAINTIFF) Attorney: Dana A Rice
  31. Status of Discovery Original Type Status of Discovery Judicial Officer Parkhurst, Lindsay Hearing Time 9:00 AM Result Continued Comment
  32. CASE CALLED Comment CASE CALLED FOR STATUS OF DISCOVERY. ATTORNEY MACKLIN APPEARS FOR PLAINTIFF. ATTORNEY CARIN APPEARS FOR DEFENDANT CASTELAN. NO ONE ELSE APPEARS. DEFENDANT CASTELAN IS GIVEN AN ADDITIONAL 28 DAYS TO ANSWER OR OTHERWISE PLEAD. COUNSEL ARE IN COMPLIANCE WITH CURRENT THE CURRENT CASE MANAGEMENT ORDER. CASE IS CONTINUED TO 9-17-2024 AT 9:00AM FOR SETTING OF ANY PENDING MOTIONS. (PARKHURST;204;AUDIO)TEH
  33. CASE SCHEDULED Comment CASE SCHEDULED Event: SETTING Date: Time: 9:00 am Judge: PARKHURST, LINDSAY Location: ROOM 204
  34. Order presented, signed, and filed. Comment ORDER PRESENTED, SIGNED AND FILED. (PARKHURST)
  35. Motion Filed Comment RENEWED MOTION FOR ORDER OF DEFAULT AGAINST DEFENDANT SALUSTIO OSTORVA CASTELAN, FOR SANCTINS, AND TO EXTEND THE DISPOSITIVE MOTION DEADLINE FILED BY Dana A Rice (Attorney) on behalf of BERKLEY SPECIALTY INSURANCE COMPANY (PLAINTIFF) Attorney: Dana A Rice
  36. Notice of Motion Filed Comment NOTICE OF MOTION FILED BY Dana A Rice (Attorney) on behalf of BERKLEY SPECIALTY INSURANCE COMPANY (PLAINTIFF) Attorney: Dana A Rice
  37. Setting Original Type Setting Judicial Officer Parkhurst, Lindsay Hearing Time 9:00 AM Result Conversion Comment
  38. CASE CALLED Comment CASE CALLED. ATTORNEY MACKLIN APPEARS FOR PLAINTIFF. ATTORNEY EDWARDS APPEARS FOR DEFENDANT MANTKIN. NO OTHER DEFENDANT APPEARS. CASE IS CONTINUED FOR HEARING ON PLAINTIFF'S MOTION FOR DEFAULT AND FOR SANCTIONS TO 10-1-2024 AT 9:00AM. (PARKHURST;204;AUDIO)TEH
  39. CASE SCHEDULED Comment CASE SCHEDULED Event: HEARING ON MOTION FOR DEFAULT Date: Time: 9:00 am Judge: PARKHURST, LINDSAY Location: ROOM 204
  40. Order presented, signed, and filed. Comment ORDER PRESENTED, SIGNED AND FILED. (PARKHURST)
  41. Amended Filing Comment Amended Notice of Motion
  42. Hearing on Motion for Default Original Type Hearing on Motion for Default Judicial Officer Parkhurst, Lindsay Hearing Time 9:00 AM Result Motion Allowed
  43. Appearance (No Fee: Fee Previously Paid) Filed Comment Appearance of C. Edwards
  44. Minutes Comment Attorney Macklin appears for plaintiff. Attorney Edwards appears for defendant Mantkin. Plaintiff's motion of default against defendant Castelan is allowed. Defendant Castelan is found to be in default. Plaintiff's motion for sanctions and motion for default as to defendant Ostorva are allowed. Counsel to submit order. Plaintiff is given 10 days to file coverage motion. Defendant is given 28 days thereafter to file response. Plaintiff is given 14 days thereafter to file a final reply. Case is continued for hearing to 12-17-2024 at 11:30am. (PARKHURST;204;AUDIO)TEH
  45. Order Signed and Filed
  46. Motion Filed Comment Motion for Leave to File an Amended Complaint for Declaratory Judgment and to Vacate Briefing Schedule and Motion Hearing
  47. Notice of Motion Filed
  48. Notice of Motion Filed Comment Amended Notice of Motion of Plaintiff's Motion for Leave to File an Amended Complaint for Declaratory Judgment and to Vacate Briefing Schedule and Motion Hearing
  49. Proof of Service/Certificate of Service Filed Comment Proof of Discovery Service
  50. Motion or Petition Original Type Motion or Petition Judicial Officer Parkhurst, Lindsay Hearing Time 9:00 AM Result Motion Allowed
  51. Minutes Comment Case called. Attorney Macklin appears for plaintiff. Counsel for defendant appears not. Plaintiff's motion for leave to file an amended complaint and vacate hearing is allowed. Case is stricken from 12-17-2024. Pending motion is withdrawn. Case is continued to 1-7-2025 at 9:00am for status of written discovery and setting of any pending motions. Plaintiff to notify. (parkhurst;204;audio)teh
  52. Amended Complaint Filed Comment Amended Complaint with Exhibits A-D
  53. Notice of Filing Filed
  54. Order Signed and Filed
  55. Affirmative Defenses Filed Comment Mantkin, LLC's Answer and Affirmative Defenses To Plaintiff's Complaint For Declaratory Judgment
  56. Hearing Judicial Officer Parkhurst, Lindsay Hearing Time 11:30 AM Cancel Reason Stricken
  57. Status of Discovery Original Type Status of Discovery Judicial Officer Parkhurst, Lindsay Hearing Time 9:00 AM Result Dismissed for Want of Prosecution
  58. Minutes Comment Case called. No one appears. Case is dismissed for want of prosecution. (parkhurst;204;audio)teh
  59. Notice and Motion to Vacate Filed Comment MOTION TO VACATE THE DISMISSAL FOR WANT OF PROSECUTION
  60. Notice of Motion Filed
  61. Motion or Petition Original Type Motion or Petition Judicial Officer Parkhurst, Lindsay Hearing Time 9:00 AM Result Motion Allowed
  62. Minutes Comment Case called. Attorney Macklin appears for plaintiff. Attorney Edwards appears for defendant Mantkin. Motion to Vacate DWP is allowed. Case reinstated. Case is continued to 2-19-2025 at 9:00am for entry of case management order and status of written discovery. (parkhurst;204;audio)teh
  63. Order Signed and Filed
  64. Proof of Service/Certificate of Service Filed Comment Proof of Discovery Service

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