Military & Federal Construction Company, Inc. v. Ace Electric, Inc. et al
| Military & Federal Construction Company, Inc. |
| Ace Electric, Inc. |
| Fidelity and Deposit Company of Maryland |
| 7:2014cv00023 |
| January 29, 2014 |
| US District Court for the Eastern District of North Carolina |
| Southern Division Office |
| ONSLOW |
| James C Dever |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Declaratory Judgment |
| Both |
Docket Report
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This docket was last retrieved on August 27, 2015. A more recent docket listing may be available from PACER.
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Filing 55
STIPULATION of Dismissal with Prejudice by Fidelity and Deposit Company of Maryland, Military & Federal Construction Company, Inc.. (Stanfield, Kevin)
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Filing 54
Minute Entry for proceedings held before Magistrate Judge James E. Gates in Raleigh.Settlement Conference held on 8/6/2015. Parties present with counsel. The court makes opening remarks. The parties reach a settlement. The court orders that this hearing be SEALED. The court directs that the settlement reached be put on the record UNDER SEAL.(Court Reporter FTR) (Horton, B.)
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Filing 53
ORDER granting #45 Consent Motion to Permit FDCM's Claim Representative to Participate at Court Hosted Settlement Conference via Telephone. Signed by Magistrate Judge James E. Gates on 8/4/15. (Horton, B.)
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Filing 52
ORDER granting #47 Motion to Excuse Local Counsel from Settlement Conference Attendance. Signed by Magistrate Judge James E. Gates on 8/4/2015. The parties are reminded to read the order in its entirety. (Downing, L.)
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Filing 51
ORDER GRANTING: #49 Joint Motion to Amend Scheduling Order. Discovery due November 30, 2015. Signed by Chief Judge James C. Dever III on 7/24/2015. Counsel is reminded to read the order in its entirety for critical deadlines. (O'Brien, C.)
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Motion Submitted to Chief Judge James C. Dever III: #49 Joint MOTION to Amend Scheduling Order regarding #31 Scheduling Order. (O'Brien, C.)
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Filing 50
Memorandum in Support regarding #49 Joint MOTION to Amend Scheduling Order regarding #31 Scheduling Order, filed by Fidelity and Deposit Company of Maryland, Military & Federal Construction Company, Inc.. (Attachments: #1 Unpublished Case - Cook v. Howard, #2 Unpublished Case - Remediation Products, Inc. v. Adventus Americas Inc.) (Stanfield, Kevin)
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Filing 49
Joint MOTION to Amend Scheduling Order regarding #31 Scheduling Order, filed by Fidelity and Deposit Company of Maryland, Military & Federal Construction Company, Inc.. (Attachments: #1 Text of Proposed Order) (Stanfield, Kevin)
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Filing 48
Memorandum in Support regarding #47 Consent MOTION Excuse Local Counsel from Settlement Conference Attendance filed by Ace Electric, Inc.. (Hornthal, L.)
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Filing 47
Consent MOTION Excuse Local Counsel from Settlement Conference Attendance filed by Ace Electric, Inc.. (Attachments: #1 Text of Proposed Order) (Hornthal, L.)
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Filing 46
Memorandum in Support regarding #45 Consent MOTION Permit FDCM's Claims Representative to Participate at Court Hosted Settlement Conference via Telephone regarding #44 Set Deadlines/Hearings, filed by Fidelity and Deposit Company of Maryland. (Stanfield, Kevin)
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Filing 45
Consent MOTION Permit FDCM's Claims Representative to Participate at Court Hosted Settlement Conference via Telephone regarding #44 Set Deadlines/Hearings, filed by Fidelity and Deposit Company of Maryland. (Attachments: #1 Text of Proposed Order) (Stanfield, Kevin)
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MOTION REFERRED to United States Magistrate Judge James E. Gates: #47 Consent MOTION to Excuse Local Counsel from Settlement Conference Attendance. (O'Brien, C.)
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MOTION REFERRED to United States Magistrate Judge James E. Gates: #45 Consent MOTION to Permit FDCM's Claims Representative to Participate at Court Hosted Settlement Conference via Telephone. (O'Brien, C.)
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Filing 44
ORDER SETTING HEARING: Settlement Conference set for 8/6/2015 at 11:00 AM in Raleigh - 6th Floor Courtroom before United States Magistrate Judge James E. Gates. Signed by United States Magistrate Judge James E. Gates on 7/16/2015. (O'Brien, C.)
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**** Set Hearing: Settlement Conference set for 8/6/2015 at 11:00 AM in Raleigh - 6th Floor Courtroom before United States Magistrate Judge James E. Gates. (O'Brien, C.)
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Filing 43
Notice filed by Fidelity and Deposit Company of Maryland, Military & Federal Construction Company, Inc. regarding #42 Order,, NOTICE OF PROPOSED DATES FOR COURT HOSTED SETTLEMENT CONFERENCE. (Stanfield, Kevin)
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Remark: #43 Notice of Proposed Dates for Court Hosted Settlement Conference was referred to United States Magistrate Judge James E. Gates. (O'Brien, C.)
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Filing 42
ORDER: No later than 13 July 2015, the parties shall confer and determine three dates up to and including 10 August 2015 upon which they and the other required attendees are mutually available for the settlement conference. Counsel for plaintiff shall file a notice setting out the three proposed dates within one day after the conference. Signed by United States Magistrate Judge James E. Gates on 6/30/2015. Counsel is reminded to read the order in its entirety for critical deadlines and information. (O'Brien, C.)
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Filing 41
ORDER DENYING #32 Motion for Partial Summary Judgment; GRANTING IN PART AND DENYING IN PART #33 Motion for Summary Judgment; AND REFERRING this case to United States Magistrate Judge James E. Gates for a court-hosted settlement conference. In sum, the court GRANTS IN PART and DENIES IN PART MFCC's and FDCM's motion for partial summary judgment [D.E. 33]. The court grants the motion with respect to Ace's first and second counterclaims, as they relate to delay damages, and Ace's third counterclaim for quantum meruit. The court denies the motion with respect to Ace's fourth counterclaim and MFCC's claim for declaratory judgment. The court DENIES Ace's motion for partial summary judgment [D.E.32]. The court refers this case to United States Magistrate Judge James E. Gates for a court-hosted settlement conference. Signed by Chief Judge James C. Dever III on 6/26/2015. (O'Brien, C.)
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Filing 40
REPLY to Response to Motion regarding #33 MOTION for Summary Judgment filed by Ace Electric, Inc.. (Hornthal, L.)
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Motions Submitted to Chief Judge James C. Dever III: #32 MOTION for Partial Summary Judgment and #33 MOTION for Summary Judgment. (O'Brien, C.)
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Filing 39
Notice of Substitution of Counsel by Jennifer M. Miller on behalf of Fidelity and Deposit Company of Maryland, Military & Federal Construction Company, Inc. (Miller, Jennifer)
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Filing 38
REPLY to Response to Motion regarding #33 MOTION for Summary Judgment filed by Fidelity and Deposit Company of Maryland, Military & Federal Construction Company, Inc.. (Stanfield, Kevin)
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REMINDER TO COUNSEL: Pursuant to Chief Judge Dever's Practice and Procedures located on the courts website, http://www.nced.uscourts.gov/judges/dever.aspx, counsel shall provide a file stamped courtesy copy of motions and memoranda for documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. If your recently filed documents are less than 20 pages or if you have already mailed the courtesy copies, please disregard this notice. Thank you. (O'Brien, C.)
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Filing 37
REPLY to Response to Motion regarding #33 MOTION for Summary Judgment Reply Brief filed by Ace Electric, Inc.. (Hornthal, L.)
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Filing 36
RESPONSE in Opposition regarding #33 MOTION for Summary Judgment filed by Ace Electric, Inc.. (Attachments: #1 Affidavit Robert Stalvey, #2 Exhibit MFCC's Responses to Ace's Interrogatories, #3 Appendix Local Rule 7.2(b) Sources) (Cook, David)
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Filing 35
RESPONSE in Opposition regarding #32 MOTION for Partial Summary Judgment filed by Military & Federal Construction Company, Inc.. (Attachments: #1 Affidavit First Affidavit of Melissa A. Leifheit, #2 Affidavit Second Affidavit of Melissa A. Leifheit) (Stanfield, Kevin)
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Filing 34
Memorandum in Support regarding #33 MOTION for Summary Judgment filed by Fidelity and Deposit Company of Maryland, Military & Federal Construction Company, Inc.. (Stanfield, Kevin)
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Filing 33
MOTION for Summary Judgment by Fidelity and Deposit Company of Maryland, Military & Federal Construction Company, Inc.. (Attachments: #1 Exhibit A-Affidavit of Melissa A. Leifheit, #2 Exhibit B-Ace's Objections and Responses to Interrogatories, #3 Exhibit C-NC Construction Law Deskbook, #4 Exhibit D-NC Construction Law, #5 Exhibit E-JA Jones v. Deutsche Bank, #6 Exhibit F-Dew Electric v. Mass Electric, #7 Exhibit G-US v. Tracelers Casualty) (Stanfield, Kevin)
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Filing 32
MOTION for Partial Summary Judgment by Ace Electric, Inc.. (Attachments: #1 Affidavit of Robert Stalvey) (Cook, David)
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Filing 31
SCHEDULING ORDER: Discovery due by 10/30/2015. Motions due by 12/4/2015.The matter will be set for trial by separate order. Signed by Chief Judge James C. Dever III on 3/30/15. (Attachments: #1 Consent to US Magistrate Judge Form) (O'Brien, C.)
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Filing 30
ORDER GRANTING: #28 Motion for Protective Order. Signed by United States Magistrate Judge James E. Gates on 3/12/15. Counsel is reminded to read the order in its entirety for critical information. (O'Brien, C.)
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Filing 29
ORDER REFERRING MOTION to United States Magistrate Judge James E. Gates: #28 Consent MOTION for Protective Order filed by Ace Electric, Inc. Signed by Chief Judge James C. Dever III on 3/9/15. (O'Brien, C.)
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Motion No Longer Submitted to Chief Judge James C. Dever III: #28 Consent MOTION for Protective Order. (O'Brien, C.)
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Motion Submitted to Chief Judge James C. Dever III: #28 Consent MOTION for Protective Order . (O'Brien, C.)
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Filing 28
Consent MOTION for Protective Order by Ace Electric, Inc.. (Cook, David)
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Filing 27
Rule 26(f) Report (joint) by Ace Electric, Inc.. (Cook, David)
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Filing 26
Amended Rule 26(f) Report (joint) by Military & Federal Construction Company, Inc. (Stanfield, Kevin) Modified on 10/24/2014 to clarify docket entry text. (Tripp, S.).
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Remark - #26 Amended Rule 26(f) Report (joint) submitted to Chief Judge James C. Dever III. (Tripp, S.)
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NOTICE TO COUNSEL regarding #26 Rule 26(f) Report (joint) - Counsel is reminded that pursuant to Local Civil Rule 10.1, all documents filed with the court must be double-spaced and have each page numbered sequentially. No need to refile this time, but future filings should adhere to this rule. (Tripp, S.)
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Filing 25
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court on 9/16/2014. (Edwards, S.)
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Filing 23
ORDER: Discovery is stayed. Mediation shall take place not later than July 18, 2014. After completing mediation, the parties shall advise the court whether a discovery scheduling order is needed. Signed by Chief Judge James C. Dever III on 5/9/2014. (Sawyer, D.)
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Filing 22
ANSWER to #16 Amended Counterclaim filed by Fidelity and Deposit Company of Maryland. (Stanfield, Kevin)
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Filing 21
Rule 26(f) Report (joint) by Military & Federal Construction Company, Inc.. (Stanfield, Kevin)
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Filing 20
AFFIDAVIT of Service for Summons & Complaint served on Fidelity & Deposit Co of MD on 03/21/2014, filed by Ace Electric, Inc.. (Attachments: #1 Exhibit USPS Green Card) (Hornthal, L.)
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Filing 19
SUMMONS ISSUED as to Fidelity and Deposit Company of Maryland. Counsel is directed to print summons and effect service. (Fisher, M.)
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Filing 18
RESPONSE regarding #16 Counterclaim filed by Military & Federal Construction Company, Inc.. (Stanfield, Kevin)
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Filing 17
NOTICE by Military & Federal Construction Company, Inc. regarding #13 MOTION to Remand , #14 Memorandum in Support Notice of Withdrawal (Stanfield, Kevin)
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Filing 16
Corrected COUNTERCLAIM against Fidelity and Deposit Company of Maryland, filed by Ace Electric, Inc.. (Attachments: #1 Proposed Summons) (Hornthal, L.)
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NOTICE OF DEFICIENCY regarding #15 Amended Document: Counsel's caption is incorrect. Counsel also failed to use the correct event when filing this document. Counsel is instructed to correct the caption and refile the document using the correct event. (Sawyer, D.)
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Filing 15
AMENDED DOCUMENT by Ace Electric, Inc.. Amendment to #10 Answer to Complaint, Counterclaim . (Attachments: #1 Proposed Summons Proposed Summons to Fidelity Deposit Company of Maryland) (Cook, David)
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Filing 14
Memorandum in Support regarding #13 MOTION to Remand filed by Military & Federal Construction Company, Inc.. (Attachments: #1 Exhibit Subcontract Agreement) (Stanfield, Kevin)
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Filing 13
MOTION to Remand by Military & Federal Construction Company, Inc.. (Stanfield, Kevin)
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Filing 12
ORDER FOR DISCOVERY PLAN sent to all parties. Counsel should read the order in its entirety for critical deadlines and information. Signed by Julie A. Richards, Clerk of Court on 2/26/2014. (Sawyer, D.)
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Filing 11
RESPONSE regarding #10 Answer to Complaint, Counterclaim Plaintiff's Reply to Counterclaim by Military & Federal Construction Company, Inc.. (Stanfield, Kevin)
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Filing 10
ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Military & Federal Construction Company, Inc. by Ace Electric, Inc.. (Cook, David)
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Filing 9
NOTICE of Appearance for non-district by David R. Cook, Jr on behalf of Ace Electric, Inc. (Cook, David)
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Filing 8
NOTICE of Appearance by Ann-Patton Nelson Hornthal on behalf of Ace Electric, Inc. (Hornthal, Ann-Patton)
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Filing 7
NOTICE of Appearance by Jennifer M. Miller on behalf of Military & Federal Construction Company, Inc. (Miller, Jennifer)
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Filing 6
FINANCIAL DISCLOSURE STATEMENT by Military & Federal Construction Company, Inc. (Stanfield, Kevin)
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Filing 5
NOTICE of Appearance by Kevin J. Stanfield on behalf of Military & Federal Construction Company, Inc. (Stanfield, Kevin)
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Filing 4
FINANCIAL DISCLOSURE STATEMENT by Ace Electric, Inc. (Hornthal, Ann-Patton)
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Filing 3
NOTICE of Appearance by Ann-Patton Nelson Hornthal on behalf of Ace Electric, Inc. (Hornthal, Ann-Patton)
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Filing 2
NOTICE of Appearance by L. Phillip Hornthal, III on behalf of Ace Electric, Inc. (Hornthal, L.)
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Ace Electric, Inc.. 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. (Moore, L.)
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NOTICE TO COUNSEL: All counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). Counsel is reminded that pursuant to Section J(1) of the CM/ECF Policy Manual, the name of the filing attorney must be preceded by a "/s/" and typed in the space where the signature would otherwise appear. (Moore, L.)
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Filing 1
NOTICE OF REMOVAL by Ace Electric, Inc. from Onslow County Superior Court, case number 13-CVS-4773. ( Filing fee $ 400 receipt number 0417-2777372), filed by Ace Electric, Inc.. (Attachments: #1 Exhibit 1 - State Court File) (Hornthal, Ann-Patton)
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