White River Village, LLP, et al., v. Fidelity and Deposit Company of Maryland, et al.,
Plaintiff: White River Village, LLP
Defendant: Fidelity and Deposit Company of Maryland
Case Number: 1:2008cv00248
Filed: February 5, 2008
Court: US District Court for the District of Colorado
Office: Denver Office
County: XX US, Outside State
Presiding Judge: Robert E. Blackburn
Presiding Judge: Boyd N. Boland
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Both
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Date Filed Document Text
April 6, 2015 Opinion or Order Filing 719 ORDER OF DISMISSAL: The Dismissal of Fidelity and Deposit Company of Marylands Third-Party Claims Against All Remaining Third-Party Defendants is approved. The claims of third-party plaintiff, Fidelity and Deposit Company of Maryland, against the re maining third-party defendants, Bellavista Builders, Renteria Roofing, and EC Contractors LLC, are dismissed without prejudice with each of the affected parties to pay its own attorney fees and costs. This case is closed. By Judge Robert E. Blackburn on 4/6/2015. (alowe)
March 12, 2015 Opinion or Order Filing 716 ORDER DISMISSING CLAIMS OF FIDELITY & DEPOSIT COMPANY OF MARYLAND AGAINST WHITE RIVER ENTITIES: Stipulated 705 Motion for Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(2) and 41(a)(1)(A)(ii) is granted. The claims of Fidelity and Deposit Compa ny of Maryland against White River Village LLP, White River Townhomes, LLC, and Jonathan Reed & Associates Inc are dismissed without prejudice. By Judge Robert E. Blackburn on 3/12/2015. (alowe) (Main Document 716 replaced on 3/12/2015 to correct misspelling in the title) (alowe).
October 22, 2014 Opinion or Order Filing 702 AMENDED ORDER APPROVING STIPULATION FOR DISMISSAL OF THIRD-PARTY CLAIMS AGAINST CLASS CONSTRUCTION INC: The 700 Unopposed Motion Under F.R.C.P. 60 and 46 for Amendment of Order Approving Stipulation for Dismissal of Third-Party Claims Against Clas s Construction Inc is GRANTED. The 699 Order Approving Stipulation for Dismissal of Third-Party Claims Against Class Construction Inc is WITHDRAWN and is SUPPLANTED by this Amended Order. The third-party claims of the third-party plaintiff Fidelity and Deposit Company of Maryland against third-party defendant Class Construction Inc are DISMISSED WITH PREJUDICE. By Judge Robert E. Blackburn on 10/22/2014.(alowe)
October 6, 2014 Opinion or Order Filing 699 ORDER approving 698 Stipulation for Dismissal of Third Party Claims against Class Construction Inc. By Judge Robert E. Blackburn on 10/6/2014.(alowe)
September 26, 2014 Opinion or Order Filing 697 MINUTE ORDER. In light of the Notice of Settlement 696 filed on 09/26/14, Motions 495 , 525 , 551 , 601 are Denied as moot. ORDERED that the Recommendation of United States Magistrate Judge [#621] entered January 30, 2014, is TERMINATED by Judge Robert E. Blackburn on 09/26/14.(jhawk, )
September 24, 2014 Opinion or Order Filing 693 MINUTE ORDER granting 634 Motion for Leave to File Reply to While River's Response to F&D's Objections to Recommendation. By Judge Robert E. Blackburn on 9/24/2014.(alowe)
September 19, 2014 Opinion or Order Filing 687 MINUTE ORDER granting 685 Unopposed Motion for Extension of Time for the Parties to Serve Rebuttal Expert Disclosures. By Magistrate Judge Michael E. Hegarty on 9/19/2014.(alowe)
July 28, 2014 Opinion or Order Filing 676 ORDER granting 675 Motion to Dismiss Third Party Defendant Dekker/Perich/Sabatini, Ltd. With Prejudice, by Judge Robert E. Blackburn on 7/28/2014.(trlee, )
June 2, 2014 Opinion or Order Filing 666 MINUTE ORDER granting 664 Motion to Withdraw. Mr. Ballou's representation of the Plaintiffs in this case is terminated. By Magistrate Judge Michael E. Hegarty on 6/2/2014.(klyon, )
May 16, 2014 Opinion or Order Filing 659 MINUTE ORDER granting 656 Plaintiffs' Motion to Amend Deposition Schedule, by Magistrate Judge Michael E. Hegarty on 5/16/2014. (cpear)
May 8, 2014 Opinion or Order Filing 652 MINUTE ORDER granting 650 Third-Party Defendant MM Skyline Contracting, Inc.'s Unopposed Motion to Modify Proposed Deposition Schedule. By Magistrate Judge Michael E. Hegarty on 5/8/2014.(klyon, )
April 28, 2014 Opinion or Order Filing 644 MINUTE ORDER denying without prejudice 641 Plaintiffs' Motion to Modify Proposed Deposition Schedule, by Magistrate Judge Michael E. Hegarty on 4/28/2014. (cpear)
March 19, 2014 Opinion or Order Filing 632 ORDER of Dismissal as to S&S Joint Venure, Only. The Stipulated Motion To Dismiss S&S Joint Venture [# 631 ] filed March 19, 2014, is GRANTED. By Judge Robert E. Blackburn on 3/19/2014.(klyon, )
March 12, 2014 Opinion or Order Filing 630 Amended 431 ORDER Confirming Arbitration Award. Motion To Confirm Arbitration Award and To Stay Enforcement of the Judgment [# 418 ] field May 18, 2012, is GRANTED. Fidelity and Deposit Company of Maryland's Supplemental MotionRegarding Confirmation of Arbitration Award [# 426 ] filed January 29, 2013, isGRANTED in part and DENIED in part. By Judge Robert E. Blackburn on 3/12/2014. (klyon, )
March 10, 2014 Opinion or Order Filing 628 ORDER granting 443 Motion for Reconsideration. The Order Confirming Arbitration Award [# 431 ] SHALL BE AMENDED. By Judge Robert E. Blackburn on 3/10/2014.(klyon, )
December 31, 2013 Opinion or Order Filing 610 ORDER of Dismissal as to Third-Party Defendants, G. Construction, Inc., and William Beresford, D/B/A William Beresford Painting. The Stipulated Motion To Dismiss G. Construction, Inc. [# 604 ] is GRANTED. The Stipulated Motion To Dismiss William Bere sford, d/b/a William Beresford Painting [# 605 ] is GRANTED. The third-party claims of the third-party plaintiff, Fidelity and Deposit Company of Maryland, against third-party defendants, G. Construction, Inc., and William Beresford, d/b/a William Be resford Painting, are DISMISSED WITH PREJUDICE. Third-party defendants, G. Construction, Inc., and William Beresford, d/b/a William Beresford Painting, are DROPPED as named parties to this action, and the case caption is AMENDED accordingly. By Judge Robert E. Blackburn on 12/31/2013. (klyon, )
December 24, 2013 Opinion or Order Filing 606 ORDER of Dismissal as to Third-Party Defendants, B&B Plumbing, Inc., and Kojin Construction, LLC. Stipulated Motion To Dismiss B & B Plumbing, Inc., [# 590 ] is GRANTED. The Stipulated Motion To Dismiss Kojin Construction, Inc., [# 591 ] is GRANTED. The third-party claims of the third-party plaintiff, Fidelity and Deposit Company of Maryland, against third-party defendants, B&B Plumbing, Inc., and Kojin Construction, LLC, are DISMISSED WITH PREJUDICE. Third-party defendants, B & B Plumbing, Inc. and Kojin Construction, LLC, are DROPPED as a named party to this action, and the case caption is AMENDED accordingly. By Judge Robert E. Blackburn on 12/24/2013.(klyon, )
December 23, 2013 Opinion or Order Filing 600 MINUTE ORDER granting 588 Defendant/Third-party Plaintiff Fidelity and Deposit Company of Maryland's Motion for Leave to File Rule 56 Motion in Excess of Page Limitations Set Forth in REB Civ. Practice Standard IV.B.2. By Judge Robert E. Blackburn on 12/23/2013.(klyon, )
December 10, 2013 Opinion or Order Filing 584 ORDER of Dismissal as to Third-Party Defendant Cookey's Mechanical, Inc., Only. The Stipulated Motion To Dismiss F&D's Claim Against Cookey's Mechanical, Inc. And To Dismiss Cookey's Mechanical, Inc.'s Counterclaims Agains t F&D [# 583 ] is GRANTED. The claims of the third-party plaintiff, Fidelity and Deposit Company of Maryland, against third-party defendant, Cookey's Mechanical, Inc., are DISMISSED WITH PREJUDICE. The counterclaims of the third-party defenda nt, Cookey's Mechanical, Inc., against the third-party plaintiff, Fidelity and Deposit Company of Maryland, are DISMISSED WITH PREJUDICE. This stipulation does not involve any admission of liability or fault by Fidelity and Deposit Company of Maryland or Cookey's Mechanical, Inc. Third-party defendant, Cookey's Mechanical, Inc. is DROPPED as a named party to this action, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 12/10/2013.(klyon, )
December 3, 2013 Opinion or Order Filing 578 ORDER granting 575 Stipulated Motion To Dismiss C.E.S.M., LLC. The claims of the defendant/third-party plaintiff, Fidelity and Deposit Company of Maryland, against the third-party defendant, C.E.S.M., LLC, are DISMISSED WITH PREJUDICE. The third-party defendant, C.E.S.M., LLC, is DROPPED as a named party to this litigation, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 12/3/2013.(klyon, )
November 26, 2013 Opinion or Order Filing 567 MINUTE ORDER: Plaintiffs' Motion for Leave to Exceed Page Limit [filed November 22, 2013; docket # 561 ] is granted. The Court will accept Plaintiffs' forthcoming response brief to Defendant Fidelity and Deposit Co. of Maryland's (F&D) motion for partial summary judgment. Although the Court agrees with the Plaintiffs that F&D failed to comply with Judge Blackburn's practice standard regarding page limitations, in light of this order, the Court finds it in the interests of jus tice and judicial efficiency to accept as filed F&D's motion for partial summary judgment (docket # 551 ). Therefore, Plaintiffs' Motion to Strike the partial motion for summary judgment [filed November 22, 2013; docket # 560 ] is denied as moot. However, F&D's reply brief will be limited to no more than five pages in length. By Magistrate Judge Michael E. Hegarty on 11/26/2013. (klyon, )
November 25, 2013 Opinion or Order Filing 564 ORDER re: Motions to Amend. The Court GRANTS Third Party DefendantDekker/Perich/Sabatini's ("DPS") Motion for Leave to File First Amended Answer to Third-Party Plaintiff Fidelity and Deposit Company of Maryland's ("F&D") Third-Party Complaint [docket # 500 ] and Plaintiffs White River Village, LLP and White River Townhomes, LLC ("White River") and Third-Party Defendant Jonathan Reed and Associates, Inc.'s ("Reed") Motion for Leave to File Se cond Amended Complaint [docket # 509 ] and DENIES WITHOUT PREJUDICE Defendant/Third Party Plaintiff F&D's Motion for Leave to File Amended Counterclaims and Amended Third-Party Complaint Against White River and [DPS] [docket # 505 ]. The Clerk o f the Court is directed to file White River's Second Amended Complaint, located at docket #509-5. DPS is directed to file the FirstAmended Answer attached to its motion in accordance with D.C. Colo. LCivR 10.1E and all other applicable rules on or before 11/22/2013. F&D may re-file its motion and a revised pleading in accordance with this order on or before 12/2/2013. By Magistrate Judge Michael E. Hegarty on 11/25/2013. (klyon, )
November 12, 2013 Opinion or Order Filing 556 MINUTE ORDER granting 555 Third Party Defendant Cookey'sMechanical's Unopposed Motion to Stay Response to F&D's Objections toRecommendation of U.S. Magistrate Judge Hegarty's Order re: F&D's Motion toDismiss Counterclaims by Cookey's Mechanical [Doc. #524] Due to Settlement. Dismissal documents between Fidelity and Deposit Company of Maryland and Cookey's Mechanical, Inc. SHALL be filed by 12/2/2013. Absent the timely filing of dismissal documents, Cookey's Mechanical shall file its response to [# 524 ] on or before 12/9/2013. By Judge Robert E. Blackburn on 11/12/2013.(klyon, )
October 21, 2013 Opinion or Order Filing 528 ORDER of Dismissal as to Third-Party Defendant Star Precast Concrete, Only. The Stipulated Motion To Dismiss Star Precast Concrete [# 526 ] is GRANTED. The claims of the third-party plaintiff, Fidelity and Deposit Company of Maryland, against third-p arty defendant, Star Precast Concrete, are DISMISSED WITHPREJUDICE. The third-party defendant, Star Precast Concrete, is DROPPED as anamed party to this action, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 10/21/2013.(klyon, )
September 12, 2013 Opinion or Order Filing 496 MINUTE ORDER denying without prejudice 469 Motion to Set Aside Default. These parties shall file dismissal papers with the Court on or before 9/30/2013. By Magistrate Judge Michael E. Hegarty on 9/12/2013.(klyon, )
August 29, 2013 Opinion or Order Filing 483 NOTICE OF CONVERSION TO SUMMARY JUDGMENT re: 461 MOTION to Dismiss Cookey's Mechanical's Counterclaims. It is ORDERED that any additional briefing by either party must be submitted on or before September 6, 2013. by Magistrate Judge Michael E. Hegarty on 8/29/2013. (trlee, )
August 16, 2013 Opinion or Order Filing 476 FOURTH TRIAL PREPARATION CONFERENCE ORDER: Proposed Pretrial Order due by 6/12/2015. Final Pretrial Conference and Trial Preparation Conference are set for 6/19/2015 03:00 PM in Courtroom A1001 before Judge Robert E. Blackburn. Twenty (20) day Jury Trial set for 7/6/2015 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 8/16/13. (rebsec, )
May 2, 2013 Opinion or Order Filing 453 THIRD TRIAL PREPARATION CONFERENCE ORDER: Proposed Pretrial Order due by 12/12/2014. Final Pretrial Conference and Trial Preparation Conference set for 12/19/2014 03:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. Twenty (20) day Jury Trial set for 1/5/2015 08:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 5/2/13. (rebsec, )
March 25, 2013 Opinion or Order Filing 432 ORDER granting in part, denying in part 408 Motion for Summary Judgment. By Judge Robert E. Blackburn on 3/25/13. (kfinn, )
September 28, 2011 Opinion or Order Filing 399 ORDER. This case is RE-OPENED for the purpose of resolving the plaintiffs motions [339 & 391]; That the Plaintiffs Combined Motion To Enforce the Courts Orders Dated 3/23/2009, Determine that Arbitration is Complete, and Administratively Reopen the Case 339 filed 11/10/2010, is DENIED; That the terms of my order 301 compelling arbitration SHALL REMAIN in full force and effect; That the Plaintiffs Motion To Re-Open Case for the Limited Purpose of Ruling on Pending Motion 391 filed 6/8/2011 , is GRANTED on the terms stated in this order. Under D.C.COLO.LCivR 41.2, the clerk of the court is DIRECTED again to close these consolidated civil actions administratively, subject to reopening for good cause. By Judge Robert E. Blackburn on 9/28/2011.(sah, )
January 26, 2011 Opinion or Order Filing 355 MINUTE ORDER. Defendant/third Party Plaintiff, Fidelity and Deposit Company of Marylands Partially Unopposed Motion For Leave To File a Sur-Reply To Plaintiffs Reply [Doc. #345] 346 filed 1/11/2011 is GRANTED. By Judge Robert E. Blackburn on 1/26/2011.(sah, )
October 4, 2010 Opinion or Order Filing 338 ORDER. Under D.C.COLO.LCivR 41.2, the clerk of the court is DIRECTED to close these consolidated civil actions administratively, subject to reopening for good cause. By Judge Robert E. Blackburn on 10/04/2010. (sah, )
July 20, 2010 Opinion or Order Filing 334 MINUTE ORDER granting 331 Motion to Withdraw Brandon P. Hull and Nikolai N. Frant. Although the docket does not reflect the appearance of these attorneys in the case, to the extent that they remain on the CM/ECF for this case, the Court directs the Clerk of the Court to remove Mr. Hull and Mr. Frant from the notice function of the CM/ECF system. By Magistrate Judge Michael E. Hegarty on 7/20/2010. (mehcd)
September 8, 2009 Opinion or Order Filing 317 ORDER. Defendant/Third Party Plaintiff, Fidelity and Deposit Company of Marylands Motion For Judicial Notice 282 filed 02/27/2009, is DENIED without prejudice. . By Judge Robert E. Blackburn on 09/08/2009.(sah, ) Modified on 9/9/2009 to remove system generated duplicate text (sah2, ).
August 10, 2009 Opinion or Order Filing 309 ORDER granting 308 Stipulated Motion to Dismiss David Palardy Painting Inc. Defendant/Third Party Plaintiff's claims against Third Party Defendant David Palardy Painting, Inc. are dismissed with prejudice, with the parties to pay their own attorney fees and costs, by Judge Robert E. Blackburn on 8/10/09.(gmssl, )
March 24, 2009 Opinion or Order Filing 307 MINUTE ORDER denying without prejudice 275 and 277 Motion to Compel with leave to re-file once the stay is lifted, if desired by Magistrate Judge Michael E. Hegarty on 03/24/2009.(sah, )
March 23, 2009 Opinion or Order Filing 305 ORDER DENYING WITHOUT PREJUDICE MOTIONS TO SEVER, BIFURCATE, AND DISMISS denying without prejudice 31 , 143 , 192 , and 193 by Judge Robert E. Blackburn on 03/23/2009.(sah, )
February 26, 2009 Opinion or Order Filing 279 ORDER of Recusal. Magistrate Judge Boland recused. Clerk to assign another magistrate judge by random draw by Magistrate Judge Boyd N. Boland on 02/26/2009. (sah, )
January 23, 2009 Opinion or Order Filing 263 STIPULATED PROTECTIVE ORDER (personnel). Signed by Magistrate Judge Boyd N. Boland on 01/23/2009. (sah, )
January 13, 2009 Opinion or Order Filing 246 ORDER: This matter arises on the Third Party Defendant Class Construction's Submission of Joint Proposed Deposition Schedule 244 filed 01/12/2009. The attached Deposition Schedule is made an order of the court and may be altered only upon further order of the court. Signed by Magistrate Judge Boyd N. Boland on 01/13/2009. (sah, )
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Plaintiff: White River Village, LLP
Represented By: Jeffery Blair Stalder
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Defendant: Fidelity and Deposit Company of Maryland
Represented By: Vincent Joseph Wegher
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