IQ Contracting, LLC v. DB Marine Construction, Inc. et al
| IQ Contracting, LLC |
| DB Marine Construction, Inc., OTAK Group, Inc., The Hanover Insurance Company and Michael M. Doherty |
| 5:2014cv00685 |
| October 21, 2014 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| James C Fox |
| Miller Act |
| 40 U.S.C. § 270 Miller Act |
| None |
Docket Report
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| Filing 32 DEFAULT JUDGMENT - Pursuant to Rule 55(b)(l) of the Federal Rules of Civil Procedure, judgment by default is hereby ENTERED against Defendant DB Marine Construction, Inc. in the principal amount of $50,524.49, plus interest from December 30, 2013 to March 17, 2016 in the amount of $21,514.27, plus interest at the daily rate of $11.07 (based upon the North Carolina legal rate of 8% per annum) from March 18, 2016 until paid in full, and $400.00 for the costs of this action. Signed by Julie Richards Johnston, Clerk of Court, on 3/18/2016. (Grady, B.) |
| Motion Referred to Julie Richards Johnston, Clerk of Court: #27 MOTION for Default Judgment as to DB Marine. (Grady, B.) |
| Motion No Longer Submitted to Senior Judge James C. Fox: #27 MOTION for Default Judgment as to DB Marine. (Grady, B.) |
| Filing 31 STIPULATION of Dismissal Second Amended Joint by IQ Contracting, LLC (Schoolman, Brian) |
Filing 30
ORDER regarding #28 Amended Stipulation of Dismissal. This matter is before the court sua sponte. Plaintiff, Otak and Hanover are DIRECTED to file a second amended stipulation with the proper case caption on or before March 18, 2016. Signed by Senior Judge James C. Fox on 3/10/2016. Counsel is directed to read the order in its entirety for detailed information. (Grady, B.)
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| Motion Submitted to Senior Judge James C. Fox: #27 MOTION for Default Judgment as to DB Marine. (Grady, B.) |
| Filing 29 Memorandum in Support regarding #27 MOTION for Default Judgment as to DB Marine filed by IQ Contracting, LLC. (Schoolman, Brian) |
| Notice to Counsel regarding #27 Motion for Default Judgment - A memorandum in support should be filed pursuant to Local Rule 7.1(d). (Grady, B.) |
| Filing 28 STIPULATION of Dismissal (Amended) by IQ Contracting, LLC (Schoolman, Brian) |
| Filing 27 MOTION for Default Judgment as to DB Marine filed by IQ Contracting, LLC. (Attachments: #1 Affidavit of Timothy Crawford, #2 Text of Proposed Order) (Schoolman, Brian) |
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Filing 26
ORDER regarding #25 Stipulation of Dismissal - This matter is before the court sua sponte . On December 29, 2015, the remaining parties stipulated that all remaining claims, crossclaims, and third-party claims were dismissed with prejudice so that the entire lawsuit was dismissed with prejudice, with the exception of those claims against DB Marine Construction, Inc. and/or Michael Doherty because they have resulted in default judgments. The parties' stipulation is not correct because the Clerk entered default, but plaintiff's counsel never moved for default judgment. Within ten days hereof, plaintiff's counsel is directed to get this remedied. Signed by Senior Judge James C. Fox on 2/4/2016. (Grady, B.)
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| NOTICE OF DEFICIENCY regarding: #25 Stipulation of Dismissal - The court will not close the case based on the filing of this stipulation of dismissal. The statement that default judgment has been entered against DB Marine Construction, Inc. and Michael Doherty is incorrect. Counsel should take corrective measures. (Grady, B.) |
| Filing 25 STIPULATION of Dismissal of all remaining claims and parties by IQ Contracting, LLC (Schoolman, Brian) |
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Filing 24
ORDER granting #22 Motion to Amend Scheduling Order. It is hereby ORDERED that the deadline set forth in the existing Scheduling Order to file dispositive motions shall be and is hereby extended through January 2, 2016. The trial of this matter shall be continued to Judge Fox's April 25, 2016 term of court. Signed by Magistrate Judge Robert B. Jones, Jr. on 11/30/2015. (Grady, B.)
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| Motion Referred to US Magistrate Judge Robert B. Jones, Jr.: #22 Joint MOTION to Amend/Correct #21 Scheduling Order. (Grady, B.) |
| Filing 23 Memorandum in Support regarding #22 Joint MOTION to Amend/Correct #21 Scheduling Order, filed by OTAK Group, Inc., The Hanover Insurance Company. (Strickland, Jason) |
| Filing 22 Joint MOTION to Amend/Correct #21 Scheduling Order, filed by OTAK Group, Inc., The Hanover Insurance Company. (Attachments: #1 Text of Proposed Order) (Strickland, Jason) |
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Filing 21
SCHEDULING ORDER: Discovery due by 11/1/2015. Motions due by 12/1/2015. Bench Trial set for 3/28/2016 term of court in Wilmington - Courtroom 1 before Senior Judge James C. Fox. Signed by Magistrate Judge Robert B. Jones, Jr. on 4/17/2015. (Attachments: #1 Magistrate Judge Consent Form) (Grady, B.)
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| Referred the parties Joint Proposed Discovery Plan at #20 to US Magistrate Judge Robert B. Jones, Jr. for an order on scheduling. (Edwards, S.) |
| Filing 20 Rule 26(f) Report (joint) by IQ Contracting, LLC. (Schoolman, Brian) |
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Filing 19
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie Richards Johnston, Clerk of Court on 3/2/2015. (Edwards, S.)
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Filing 18
ORDER granting #16 Motion for Entry of Default as to DB Marine Construction, Inc., and Michael M. Doherty. Signed by Julie Richards Johnston, Clerk of Court on 2/25/2015. (Edwards, S.)
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Filing 17
ORDER granting #15 Motion for Entry of Default against DB Marine Construction, Inc. Signed by Julie Richards Johnston, Clerk of Court on 2/25/2015. (Edwards, S.)
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| MOTIONS REFERRED to Julie Richards Johnston, Clerk of Court: #16 MOTION for Entry of Default against DB Marine Construction, Inc. and Michael M. Doherty and Affidavit, #15 MOTION for Entry of Default against DB Marine Construction, Inc. (Edwards, S.) |
| Filing 16 MOTION for Entry of Default against DB Marine Construction, Inc. and Michael M. Doherty and Affidavit by OTAK Group, Inc.. (Attachments: #1 Text of Proposed Order for Entry of Default) (Strickland, Jason) |
| Filing 15 MOTION for Entry of Default against DB Marine Construction, Inc. by IQ Contracting, LLC. (Attachments: #1 Declaration of Brian Schoolman in Support of Application for Entry of Default, #2 Text of Proposed Order) (Schoolman, Brian) |
| Filing 14 AFFIDAVIT of Service for Summons and Complaint served on DB Marine Construction, Inc. on 10/28/2014, filed by IQ Contracting, LLC. (Schoolman, Brian) |
| Filing 13 AFFIDAVIT of Service for Summons on a Third-Party Complaint, Answer, Crossclaim, and Third-Party Complaint by Process Server served on Michael M. Doherty on December 15, 2014, filed by OTAK Group, Inc.. (Strickland, Jason) |
| Filing 12 AFFIDAVIT of Service for Summons on a Third-Party Complaint, Answer, Crossclaim, and Third-Party Complaint served on Michael M. Doherty, Registered Agent for DB Marine Construction, Inc. on December 15, 2014, filed by OTAK Group, Inc.. (Strickland, Jason) |
| Filing 11 Summons on a Third-Party Complaint Issued as to DB Marine Construction, Inc. Counsel is reminded to print the summons and effect service. (O'Brien, C.) |
| Filing 10 ANSWER to #1 Complaint,, by The Hanover Insurance Company. (Strickland, Jason) |
| Filing 9 Otak Group, Inc.'s ANSWER to #1 Complaint,, , THIRD PARTY COMPLAINT against DB Marine Construction, Inc., Michael M. Doherty, CROSSCLAIM against DB Marine Construction, Inc. by OTAK Group, Inc.. (Attachments: #1 Exhibit A - Letter to DB Marine Construction, Inc., #2 Proposed Summons DB Marine Construction, Inc., #3 Proposed Summons Michael M. Doherty) (Strickland, Jason) |
| Filing 8 FINANCIAL DISCLOSURE STATEMENT by The Hanover Insurance Company identifying Corporate Parent The Hanover Insurance Group, Inc., Corporate Parent Opus Investment Management, Inc. for The Hanover Insurance Company.. (Strickland, Jason) |
| Filing 7 FINANCIAL DISCLOSURE STATEMENT by OTAK Group, Inc.. (Strickland, Jason) |
| Filing 6 NOTICE of Appearance by Jason Trent Strickland on behalf of OTAK Group, Inc., The Hanover Insurance Company (Strickland, Jason) |
| Filing 5 FINANCIAL DISCLOSURE STATEMENT by IQ Contracting, LLC. (Schoolman, Brian) |
| Filing 4 Summons Issued as to All Defendants. (Grady, B.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to IQ Contracting, LLC. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Grady, B.) |
| Filing 3 NOTICE by IQ Contracting, LLC regarding #1 Complaint,, Civil Cover Sheet (JS44) (Attachments: #1 Proposed Summons DB Marine, #2 Proposed Summons DB Marine, #3 Proposed Summons OTAK Group, #4 Proposed Summons Hanover Insurance, #5 Proposed Summons Hanover Insurance) (Schoolman, Brian) |
| Filing 2 NOTICE of Appearance by Brian J. Schoolman on behalf of IQ Contracting, LLC (Schoolman, Brian) |
| Filing 1 COMPLAINT against All Defendants, filed by IQ Contracting, LLC. (Attachments: #1 Exhibit Exhibit A - Payment Bond, #2 Exhibit Exhibit B - Notice of Claim to OTAK, #3 Exhibit Exhibit C - Notice of Claim to Hanover, #4 Proposed Summons DB Marine, #5 Proposed Summons DB Marine, #6 Proposed Summons Otak Group, #7 Proposed Summons Hanover, #8 Proposed Summons Hanover, #9 Civil Cover Sheet Civil Cover Sheet, #10 Appearance of Counsel, #11 Financial Disclosure) (Schoolman, Brian) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.) |
| Filing fee: $ 400.00, receipt number RAL040506. (Felder, J) |
| NOTICE OF DEFICIENCY - Pursuant to Section B(3) of the CM/ECF Policy Manual available on the Court's website, when using fillable PDF forms, the Court requires that these forms be "flattened." Counsel is directed to flatten and refile the CIVIL COVER SHEET, NOTICE OF APPEARANCE, and PROPOSED SUMMONSES. The NOTICE OF APPEARANCE should have been filed as a separate entry rather than as an attachment. (Felder, J) |
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