Iowa Based Milling LLC v. Fischer Excavating INC et al
| Iowa Based Milling LLC, United States of America and State of Illinois |
| Fischer Excavating INC, Concrete Structures of the Midwest, Inc., Western Surety Company and Continental Casualty Company |
| 4:2012cv04082 |
| August 31, 2012 |
| US District Court for the Central District of Illinois |
| Rock Island Office |
| Rock Island |
| Sara Darrow |
| John A. Gorman |
| Miller Act |
| 28 U.S.C. ยง 1352 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
117
ORDER entered by Magistrate Judge Jonathan E. Hawley on 9/8/2017. For the reasons stated, supra, judgment shall be entered in this case as follows:1. Judgment shall enter in favor of Iowa Based Milling on the breach of contract claim against Fischer Excavating and the bond claims against Western Surety in the amount of $85,181.67, offset by that same amount due to the settlement with Defendants Concrete Structures and Continental Casualty, for a total amount of $0.00; 2. Judgment shall enter in favor of Iowa Based Milling on Fischer Excavating's remaining count of its Counterclaim; 3. Judgment shall enter in favor of Fischer Excavating on Iowa Based Milling's quantum meruit, unjust enrichment, common law fraud and misrep resentation, and Consumer Fraud Act claims. 4. Prejudgment interest is awarded to Iowa Based Milling against Defendants Fischer Excavating and Western Surety in the amount of $25,939.70 that amount being calculated on the amount awarded to Iowa Based Milling prior to offset. This case is terminated. See full written Order.(VH, ilcd)
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Filing
104
ORDER denying 102 Plaintiff's Motion for Default Judgment. Fischer Excavating INC and Western Surety Company answers due 4/24/2017. See attached order. Entered by Magistrate Judge Jonathan E. Hawley on 04/07/2017. (RT, ilcd)
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Filing
97
ORDER granting in part and denying in part 79 Motion for Sanctions and to Compel; finding as moot 87 Motion to Deposit Funds and for Other Relief. For the reasons set forth in the written Order, this Court GRANTS the Motion for Sanctions and to Compel 79 to the extent that the Court finds sanctions are warranted, but DENIES the motion to the extent that it finds that dismissal and default judgment are not appropriate sanctions at this time and, instead, the sanctions set forth in B.2. of the written Order are appropriate under the circumstances. The Motion to Deposit Funds and for Other Relief (D. 87) is MOOT. As set forth fully in the written Order, on or before February 3, 2017, IBMs counsel is directed to submit an affidavit to th e Court establishing the amount of costs and attorney's fees associated with IBMs efforts to obtain the supplemental answers to the interrogatories. Those fees and costs are those incurred by IBM after January 14, 2016, when Fisher Excavating ag reed to provide those answers, through the filing of Fisher Excavatings response to the motion for sanctions and to compel. The Court also directs Fisher Excavating to provide full and complete answers to the interrogatories which are consistent with the agreement it reached with IBM in January of 2016. It shall do so on or before February 3, 2017. After Fisher Excavatings time for complying with the Court's Order has passed, this Court will set a status hearing for the purpose of setting a prompt bench trial and other related deadlines and hearings. Other than the discovery ordered in the written Order, all other discovery in this matter is closed. Entered by Magistrate Judge Jonathan E. Hawley on 1/25/2017. (Hawley, Jonathan)
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Filing
56
ORDER entered by Judge Sara Darrow on September 17, 2014. Defendants' 45 , 46 , 47 , and 48 Motions to Dismiss are DENIED. (JD, ilcd)
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Filing
43
ORDER entered by Judge Sara Darrow on September 26, 2013. Regarding Defendants' Motions to Dismiss, 23 , 24 , 25 , 26 , Counts I through IV are DISMISSED, with the exception of Count I against Fischer Excavating and Count II against Fischer Excavating and Concrete Structures. Iowa Based Milling is given leave to amend its complaint. The Court advises Iowa Based Milling that should it amend its complaint, it needs to clearly explain what causes of action are being brought against which Defendants. Iowa Based Milling has until October 17, 2013, to file an amended complaint without seeking leave of Court. Defendants' motion for hearing 35 is DENIED. (MTS, ilcd)
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Filing
39
ORDER entered by Judge Sara Darrow on August 19, 2013. Iowa Based Milling is hereby ORDERED to file a supplemental jurisdictional statement properly alleging the subject matter jurisdiction of this Court. Iowa Based Milling has until August 29, 2013, to comply with this Order or this case may be dismissed for lack of jurisdiction.(MTS, ilcd)
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