Western Surety Company v. S3H, Inc. et al
| Western Surety Company |
| S3H, Inc., Vatche Sarkoyan and Arlene Sarkoyan |
| 2:2014cv02056 |
| December 8, 2014 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Peggy A Leen |
| James C Mahan |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 22, 2016. A more recent docket listing may be available from PACER.
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| Filing 71 NOTICE re #70 ORDER, filed by S3H, Inc. (Muije, John) Modified on 9/23/2016 to correct docket entry relationship (TR). |
Filing 70
ORDER Granting #61 Stipulation of Dismissal with prejudice. Signed by Judge James C. Mahan on 09/22/2016. (Copies have been distributed pursuant to the NEF - NEV)
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| Filing 69 NOTICE of Corrected Image/Document re #67 Proposed Order Submission by Defendants S3H, Inc., Arlene Sarkoyan, Vatche Sarkoyan. (Service of corrected image is attached). (Muije, John) |
| Filing 68 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 9/19/2016. By Deputy Clerk: David Oakes. RE: #67 Proposed Order Submission, IT IS THE ORDER OF THE COURT that attorney John W. Muije is in violation of LR IA 10-2. REQUIRED FORMAT FOR FILED DOCUMENTS.ONCE CORRECTED REFILE USING THE "NOTICE OF CORRECTED/IMAGE" DOCUMENT IN CMECF.(no image attached) (Copies have been distributed pursuant to the NEF - DXO) |
| Filing 67 Submission of PROPOSED ORDER re #61 Stipulation of Dismissal with Prejudice; filed by Defendant S3H, Inc. . (Muije, John) Court Modified entry to properly establish docket entry relationship pursuant to LR IC 2-2(d) on 9/16/2016 (TR). Corrected image #69 added on 9/19/2016. (EDS). |
| Filing 66 NOTICE: Attorney Action Required to #65 Notice of Corrected Image/Document: Attorney John W Muije advised in the future to properly link notice of corrected image/document to the correct entry that the correction applies and not the Minute Order. (no image attached)(RFJ) |
| Filing 65 NOTICE of Corrected Image/Document re #61 Stipulation of Dismissal, filed by Defendant S3H, Inc.. (Service of corrected image is attached). (Muije, John) Court Modified entry to properly establish docket entry relationship pursuant to LR IC 2-2(d) on 9/13/2016 (RFJ). |
| Filing 64 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 9/12/2016. By Deputy Clerk: David Oakes. RE: #63 Notice of Corrected Image/Document IT IS THE ORDER OF THE COURT that attorney John W. Muije is in violation of LR IA 10-2. REQUIRED FORMAT FOR FILED DOCUMENTS.ONCE CORRECTED REFILE USING THE "NOTICE OF CORRECTED/IMAGE DOCUMENT" EVENT IN CMECF. (no image attached) (Copies have been distributed pursuant to the NEF - DXO) |
| Filing 63 NOTICE of Corrected Image/Document re #61 Stipulation of Dismissal by Defendant S3H, Inc.. (Service of corrected image is attached). (Muije, John) |
| Filing 62 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 9/9/2016. By Deputy Clerk: David Oakes. RE: #61 Stipulation of Dismissal IT IS THE ORDER OF THE COURT that John W. Muije attorney for defendants is in violation of LR IA 10-2. REQUIRED FORMAT FOR FILED DOCUMENTS.ONCE CORRECTED REFILE USING THE "NOTICE OF CORRECTED/IMAGE DOCUMENT" EVENT IN CMECF.(no image attached) (Copies have been distributed pursuant to the NEF - DXO) |
| Filing 61 STIPULATION of Dismissal with Prejudice, filed by Defendant S3H, Inc. (Muije, John) Corrected Image #63 attached on 9/9/2016 (TR). SECOND corrected image #65 attached on 9/13/2016 (RFJ). |
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Filing 60
ORDER Granting #59 Stipulation to Extend Pretrial Order. Proposed Joint Pretrial Order due by 9/9/2016. Signed by Magistrate Judge Peggy A. Leen on 9/6/16. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 59 SECOND STIPULATION FOR EXTENSION OF TIME re: Discovery Deadlines; filed by Plaintiff Western Surety Company. (Faux, Kurt) |
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Filing 58
ORDER that #46 Motion for Summary Judgment is DENIED. Signed by Judge James C. Mahan on 8/3/16. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 57
ORDER that #53 Motion to Strike Plaintiff's Exhibit 21 to Western Surety Company's Motion for Summary Judgment is GRANTED in part and DENIED in part consistent with this order. Signed by Magistrate Judge Peggy A. Leen on 6/24/16. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 56 REPLY to Response to #53 Motion to Strike filed by Defendant S3H, Inc.. (Muije, John) |
| Filing 55 RESPONSE to #53 Motion to Strike, filed by Plaintiff Western Surety Company. Replies due by 3/17/2016. (Faux, Kurt) |
| Filing 54 REPLY to Response to #46 Motion for Summary Judgment,,, filed by Plaintiff Western Surety Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Faux, Kurt) |
| Filing 53 MOTION to Strike Exhibit 21 re: #51 Response to Motion; filed by Defendant S3H, Inc.. Responses due by 3/5/2016. (Muije, John) |
| Filing 52 NOTICE of Attorney Action Required: to #51 Response to Motion: ERROR: Documents should have been filed as separate entries by attorney John W Muije , pursuant to Special Order 109: " A separate document must be filed for each type of document or purpose " . CORRECTION: Attorney is advised to file the additional Request to Strike contained in document #51 RESPONSE, using the appropriate MOTION event found under the Motions category, pursuant to Special Order 109. (no image attached)(RFJ) |
| Filing 51 RESPONSE to #46 Motion for Summary Judgment, filed by Defendant S3H, Inc.. Replies due by 3/4/2016. (Attachments: #1 Exhibit, #2 Exhibit)(Muije, John) |
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Filing 50
ORDER that #41 Motion for Sanctions for Failure to Attend Settlement Conference is DENIED. Counsel for Defendants is admonished for failure to timely comply with the court's order scheduling the settlement conference. Any future failure to comply will be sanctioned. Defendants Request for Exception to the Personal Attendance Requirement #32 is GRANTED. Signed by Magistrate Judge Peggy A. Leen on 2/9/16. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 49 NOTICE of Withdrawal re: #48 NOTICE of Non Opposition #46 Motion for Summary Judgment by Western Surety Company. (Faux, Kurt) |
| Filing 48 NOTICE of Non Opposition #46 Motion for Summary Judgment, filed by Western Surety Company. (Faux, Kurt) |
| Filing 47 AFFIDAVIT of Mark McKibbin re #46 Motion for Summary Judgment,,, ; by Plaintiff Western Surety Company. (Faux, Kurt) |
| Filing 46 MOTION for Summary Judgment by Plaintiff Western Surety Company. Responses due by 2/15/2016. (Attachments: #1 Exhibit Indemnity Agreement, #2 Exhibit Process Systems Subcontract, #3 Exhibit Process Systems Bond, #4 Exhibit Waste Laterals Subcontract, #5 Exhibit Waste Laterals Bond, #6 Exhibit Original Arbitration Agreement, #7 Exhibit Vatche Sarkoyan Deposition, #8 Exhibit Correspondence, #9 Exhibit S3H Fee Estimate, #10 Exhibit S3H Funding Demand, #11 Exhibit Correspondence, #12 Exhibit AAPA, #13 Exhibit McKibbin Notes, #14 Exhibit Correspondence, #15 Exhibit Arbitration Pleading, #16 Exhibit Arbitration Pleading, #17 Exhibit Arbitration Pleading, #18 Exhibit Collateral Demand, #19 Exhibit Arbitration Award, #20 Exhibit Correspondence, #21 Exhibit Correspondence, #22 Exhibit Blank, #23 Exhibit Western Ledger)(Faux, Kurt) |
| Filing 45 STATEMENT of Western Surety Company's Disclosure of Rebuttal Expert Witnesses re #39 Statement ; by Plaintiff Western Surety Company. (Attachments: #1 Exhibit Backus Rebuttal Report, #2 Exhibit Hazel Rebuttal Report)(Faux, Kurt) |
| Filing 44 STATEMENT of Defendants' Expert Witness Rebuttal Report by Defendant S3H, Inc. (Muije, John) |
| Filing 43 REPLY to Response to #41 Motion for Sanctions/ Non-Discovery filed by Plaintiff Western Surety Company. (Faux, Kurt) |
| Filing 42 RESPONSE to #41 Motion for Sanctions/ Non-Discovery, filed by Defendant S3H, Inc.. Replies due by 12/20/2015. (Muije, John) |
| Filing 41 MOTION for Sanctions; filed by Plaintiff Western Surety Company. Responses due by 12/10/2015. (Attachments: #1 Exhibit 1 Affidavit of Leland K. Faux, #2 Exhibit 2)(Faux, Kurt) |
| Filing 40 Disclosure STATEMENT; filed by Plaintiff Western Surety Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Faux, Kurt) |
| Filing 39 STATEMENT of Defendants' Expert Witness Disclosures Pursuant to FRCP 26(a)2(B) by Defendant S3H, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Muije, John) |
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Filing 38
ORDER Granting #35 Motion to Extend Deadlines re #17 Scheduling Order. Motions due by 1/22/2016. Proposed Joint Pretrial Order due by 2/21/2016. Signed by Magistrate Judge Peggy A. Leen on 11/20/15. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 37 Notice of NON-OPPOSITION to #35 Motion to Extend Time/Shorten Time regarding Dispositive matter ; filed by Plaintiff Western Surety Company. (Faux, Kurt) Modified event on 11/17/2015 (DKJ). |
| Filing 36 NOTICE: of Non-Compliance with Special Order 109 : that Leland K. Faux and Kurt C. Faux are in violation of Special Order 109 pursuant to the manual filing of #35 Motion to Extend Deadline for Dispositive and Pretrial Order. Counsel is advised that all documents filed in connection with a case that has been assigned to the CM/ECF system will be filed electronically. Please review Special Order 109 available on the Courts website www.nvd.uscourts.gov for compliance when electronically filing documents. (EDS) |
| Filing 35 MOTION to Extend Deadline for Dispositive Motions and Pre-Trial Order (First Request) re #17 Scheduling Order, by Plaintiff Western Surety Company. (MMM) |
| Filing 34 MINUTES OF PROCEEDINGS - Settlement Conference held on 10/23/2015 before Magistrate Judge Peggy A. Leen. Judicial Assistant: Teresa Hoskin; Pla Counsel: Kurt Faux, Leland Faux; Def Counsel: John Muije; Court Reporter/FTR #: None; Time of Hearing: 9:33 am - 11:38 am; The court heard presentations from counsel and from each of the parties present and thereafter met individually with counsel and each individual party. No settlement was reached. (Copies have been distributed pursuant to the NEF - MMM) |
| Filing 33 RESPONSE to #32 MOTION for Exception as to Attendance Requirements; filed by Plaintiff Western Surety Company. (Faux, Kurt) |
| Filing 32 MOTION for Exception as to Attendance Requirements to Settlement Conference re: #27 ORDER; filed by Defendant S3H, Inc.. (Muije, John) |
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Filing 31
ORDER Granting #30 Stipulation to Extend Deposition Deadlines to 10/14/15. Signed by Magistrate Judge Peggy A. Leen on 10/9/15. (Copies have been distributed pursuant to the NEF - NEV)
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| Filing 30 SECOND STIPULATION FOR EXTENSION OF TIME Deposition Deadlines re; #27 Order; filed by Plaintiff Western Surety Company. (Faux, Kurt) M |
| Filing 29 NOTICE re: Discovery; filed by Vatche Sarkoyan and Arlene Sarkoyan. (Muije, John) Modified docket text to add filing party on 9/17/2015 (DKJ). |
| Filing 28 NOTICE re: Discovery; filed by Vatche Sarkoyan and Arlene Sarkoyan. (Muije, John) Modified docket text to add filing party on 9/17/2015 (DKJ). |
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Filing 27
ORDER that #22 Stipulation and Order to Stay Discovery Pending Outcome of the Settlement Conference is DENIED. However, the deadlines are extended as enumerated in this order. FURTHER ORDERED that the Settlement Conference currently scheduled for October 16, 2015, is VACATED and CONTINUED to Friday, October 23, 2015, at 9:30 a.m., in Chambers Room 3071. The confidential settlement statements shall be due at the parties' earliest convenience, but no later than 4:00 p.m., October 16, 2015. All other instructions within the original Order Scheduling Settlement Conference (Dkt. #25 ) remain in effect. Signed by Magistrate Judge Peggy A. Leen on 7/27/15. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 26 MINUTES OF PROCEEDINGS - Motion Hearing held on 7/21/2015 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Leland Faux, Esq.; Def Counsel: John Muije, Esq.; Court Reporter/FTR #: 9:47:34 - 10:00:54; Time of Hearing: 9:45am; Courtroom: 3B; The Court scheduled this hearing after reviewing Counsels' Proposed Stipulation to Stay Discovery... #22 . The Court summarizes the previous proceedings in this case. The Court hears the respective positions of Counsel as to what they need to complete to prepare this case for trial. IT IS ORDERED: Counsels' Proposed Stipulation to Stay Discovery... #22 is DENIED, IT IS ORDERED: The Court will require Counsel to serve any written discovery they have that they wish to obtain from opposing counsel by 8/04/2015, Counsel shall then file responses and produce responsive documents by 9/04/2015, and shall schedule and take the limited number of depositions that both sides have identified by 10/04/2015, IT IS ORDERED: The Court will reschedule the Settlement Conference consistent with the conflict Defense Counsel raised in open court. Counsel are advised to retain any experts sooner rather than later so that expert reports can be timely completed. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
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Filing 25
ORDER Scheduling Settlement Conference: Settlement Conference set for 10/16/2015 09:30 AM in LV Chambers before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 7/20/15. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 24 NOTICE of Hearing on #22 STIPULATION to Stay Discovery Pending Outcome of The Settlement Conference : Motion Hearing set for 7/21/2015, at 9:45 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. (no image attached)(TKH) |
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Filing 23
ORDER Granting #21 Stipulation for Settlement Conference. Signed by Judge James C. Mahan on 7/13/2015. (Copies have been distributed pursuant to the NEF - DC)
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| Filing 22 STIPULATION to Stay Discovery Pending Outcome of The Settlement Conference filed by Plaintiff Western Surety Company. (Faux, Kurt) |
| Filing 21 STIPULATION for Settlement Conference filed by Plaintiff Western Surety Company. (Faux, Kurt) |
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Filing 20
ORDER ON STIPULATION Granting #19 STIPULATION to Extend Deadlines re #17 Scheduling Order. Discovery due by 9/4/2015. Motions due by 10/4/2015. Proposed Joint Pretrial Order due by 11/3/2015. Signed by Magistrate Judge Peggy A. Leen on 6/9/15. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 19 STIPULATION FOR EXTENSION OF TIME (First Request) re #17 Scheduling Order, ; by Plaintiff Western Surety Company. (Faux, Kurt) |
| Filing 18 Interim STATUS REPORT filed by Plaintiff Western Surety Company. (Faux, Kurt) |
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Filing 17
SCHEDULING ORDER re #16 Proposed Discovery Plan/Scheduling Order. Discovery due by 8/5/2015. Motions due by 9/4/2015. Proposed Joint Pretrial Order due by 10/4/2015. Signed by Magistrate Judge Peggy A. Leen on 4/1/15. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 16 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Western Surety Company Submitted in Compliance with LR 26-1(e). (Faux, Kurt) |
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Filing 15
ORDER ON STIPULATION Granting #13 FIRST STIPULATION to Extend Discovery Plan/Scheduling Order Deadline. Discovery Plan/Scheduling Order due by 4/6/2015. Signed by Magistrate Judge Peggy A. Leen on 3/10/15. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 14 NOTICE re: Discovery; filed by Western Surety Company. (Faux, Kurt) |
| Filing 13 FIRST STIPULATION FOR EXTENSION OF TIME re: Discovery Plan/Scheduling Order Deadline; filed by Plaintiff Western Surety Company. (Faux, Kurt) |
| Filing 12 ANSWER to #10 Answer to Complaint, Counterclaim; filed by Western Surety Company.(Faux, Kurt) |
| Filing 11 CERTIFICATE of Interested Parties filed by S3H, Inc. that identifies all parties that have an interest in the outcome of this case. Other Affiliate S3H, Inc., Other Affiliate Vatche Sarkoyan, Other Affiliate Arlene Sarkoyan for S3H, Inc. added. Certificate of Interested Parties. (Muije, John) |
| Filing 10 ANSWER to #1 Complaint ( Certificate of Interested Parties due by 2/16/2015., Discovery Plan/Scheduling Order due by 3/23/2015.), COUNTERCLAIM against All Defendants filed by S3H, Inc..(Muije, John) |
| Filing 9 SUMMONS Returned Executed by Western Surety Company re #1 Complaint, #3 Summons Issued. Vatche Sarkoyan served on 1/16/2015, answer due 2/6/2015. (Faux, Kurt) |
| Filing 8 SUMMONS Returned Executed by Western Surety Company re #1 Complaint, #3 Summons Issued. Arlene Sarkoyan served on 1/16/2015, answer due 2/6/2015. (Faux, Kurt) |
| Filing 7 SUMMONS Returned Executed by Western Surety Company re #1 Complaint, #3 Summons Issued. S3H, Inc. served on 1/2/2015, answer due 1/23/2015. (Faux, Kurt) |
| Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, on 12/17/2014. IT IS ORDERED that this case is reassigned to Judge James C. Mahan for all further proceedings. All further documents must bear the correct case number 2:14-cv-02056-JCM-PAL. (no image attached) (Copies have been distributed pursuant to the NEF - RFJ) |
| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Gloria M. Navarro, Chief Judge, on 12/10/2014. By Judicial Assistant: PCE. With good cause appearing, the Honorable Gloria M. Navarro, Chief Judge, recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - PCE) |
| Filing 4 CERTIFICATE of Interested Parties filed by Western Surety Company that identifies all parties that have an interest in the outcome of this case. Corporate Parent CNA Surety, Corporate Parent CNA Financial Corp. for Western Surety Company added. . (Faux, Kurt) |
| Filing 3 Summons Issued as to S3H, Inc., Arlene Sarkoyan, Vatche Sarkoyan re #1 Complaint. (Attachments: #1 Summons issued as to S3H, Inc., #2 Summons issued as to Vatche Sarkoyan)(EDS) |
| Filing 2 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (EDS) |
| Case assigned to Chief Judge Gloria M. Navarro and Magistrate Judge Peggy A. Leen. (EDS) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-3483080), filed by Western Surety Company. Certificate of Interested Parties due by 12/18/2014. Proof of service due by 4/7/2015. (Attachments: #1 Civil Cover Sheet, #2 Summons S3H Summons, #3 Summons VSarkoyan, #4 Summons ASarkoyan, #5 Exhibit Exhibit 1 Indemnity Agreement) (Faux, Kurt) |
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