Ross Dress for Less Inc v. Lauth Group Inc et al
Plaintiff: Ross Dress for Less Inc
Defendant: Lauth Construction Group Inc
3Rd Party Plaintiff: Lauth Group Inc
Cross Defendant: Earnhardt Grading Inc and Mactec Engineering and Consulting Inc
Cross Claimant: Lauth Construction Group LLC
3Rd Party Defendant: MW Clearing & Grading Inc and Fidelity and Deposit Company of Maryland
Case Number: 0:2010cv00703
Filed: March 18, 2010
Court: US District Court for the District of South Carolina
Office: Rock Hill Office
Presiding Judge: Cameron McGowan Currie
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 10, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2012 Opinion or Order Filing 215 ORDER DISMISSING CASE without costs and without prejudice to the right of any party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Cameron McGowan Currie on 7/10/2012. (cbru, )
July 2, 2012 Opinion or Order Filing 213 OPINION AND ORDER granting #117 Motion for Summary Judgment; denying #119 Motion in Limine; granting #121 Motion for Summary Judgment. Signed by Honorable Cameron McGowan Currie on 7/2/2012.(cbru, )
June 25, 2012 Opinion or Order Filing 211 REPLY by Earnhardt Grading Inc, Lauth Construction Group LLC to #206 Reply. (Attachments: #1 Exhibit A - Excerpts from April 4, 2012 Hearing, #2 Exhibit B - Excerpt from Suter October 18, 2011 Deposition, #3 Exhibit C - Excerpt from Winters September 30, 2011 Deposition)(Mack, Francis) Modified to edit text on 6/26/2012 (cbru, ).
June 15, 2012 Opinion or Order Filing 209 NOTICE of Hearing: Jury Selection set for 8/9/2012 09:30 AM in Columbia # 2, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Cameron McGowan Currie (cbru, )
June 11, 2012 Opinion or Order Filing 208 REPLY to Response to Motion re #121 MOTION for Summary Judgment Response filed by Mactec Engineering and Consulting Inc. (Ariail, Robert)
June 11, 2012 Opinion or Order Filing 207 REPLY to Response to Motion re #117 MOTION for Summary Judgment Response filed by Earnhardt Grading Inc, Lauth Construction Group LLC. (Attachments: #1 Exhibit A - Barker Depo Excerpts, #2 Exhibit B - Taylor Depo Excerpts, #3 Exhibit C - Suter Report, #4 Exhibit D - Suter Depo Excerpts, #5 Exhibit E - Lucas Report, #6 Exhibit F - Lucas Depo Excerpts, #7 Exhibit G - 3/8/11 Correspondence)(Bach, Adam) Modified to add filers listed on document and to remove filers not listed on document on 6/12/2012 (cbru, ).
June 8, 2012 Opinion or Order Filing 206 REPLY by Ross Dress for Less Inc to #203 Response in Support of Motion,. (Hamilton, Herbert)
May 21, 2012 Opinion or Order Filing 204 Supplemental RESPONSE in Opposition re #117 MOTION for Summary Judgment, #121 MOTION for Summary Judgment per #195 Order. Response filed by Ross Dress for Less Inc. Filing corrected for event type (cbru, )
May 21, 2012 Opinion or Order Filing 203 RESPONSE in Support re #119 MOTION in Limine Supplemental Brief Requested by Court Regarding Tim Cook's Testimony Response filed by Earnhardt Grading Inc, Lauth Construction Group LLC. (Bach, Adam) Modified to remove filer not listed on document on 5/21/2012 (cbru, ).
April 11, 2012 Opinion or Order Filing 199 STIPULATION of Dismissal Without Prejudice As to All Claims Asserted by Lauth Group, Inc. by Lauth Group Inc. Earnhardt Grading Inc, Mactec Engineering and Consulting Inc. (Mack, Francis) Modified to add filers listed on document on 4/11/2012 (cbru, ).
April 9, 2012 Opinion or Order Filing 198 STIPULATION of Dismissal Without Prejudice as to Lauth Construction Group, Inc. by Lauth Construction Group Inc, Lauth Construction Group LLC, Fidelity and Deposit Company of Maryland . (Mack, Francis) Modified to add filer listed on document on 4/9/2012 (cbru, ).
April 6, 2012 Opinion or Order Filing 196 NOTICE of Hearing: Jury Trial set for 9/6 - 9/19/2012 09:30 AM in Columbia # 2, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Cameron McGowan Currie. The parties are directed to refer to this court's website at www.scd.uscourts.gov to review Judge Currie's jury information located in the "Form Orders and Operational Orders" link, which can be found in the "District Judges" section.(cbru, )
April 6, 2012 Opinion or Order Filing 195 ORDER denying #122 MOTION in Limine; denying #120 MOTION for Summary Judgment, MOTION to Dismiss; denying #125 MOTION in Limine; granting in part, denying in part, and deferring ruling in part #117 MOTION for Summary Judgment; granting in part and deferring ruling in part #121 MOTION for Summary Judgment; granting #115 MOTION to Exclude Relocation Damages; granting in part, denying in part, and deferring ruling in part #119 MOTION in Limine; denying #118 MOTION for Summary Judgment; denying #124 MOTION to Determine Admissibility of Evidence. (Jury Selection Deadline 8/9/2012, Motion in Limine due by 7/19/2012, Mediation Due by 5/4/2012, Supplemental Responses to Motions due by 5/21/2012) Signed by Honorable Cameron McGowan Currie on 4/6/2012. (cbru, )
April 6, 2012 Opinion or Order Filing 194 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motions Hearing held on 04-04-12, before Judge Cameron McGowan Currie. Court Reporter/Transcriber Jennifer H. Williams, RPR, Telephone number/E-mail Jenny_Williams@scd.uscourts.gov/(803)351-9742. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 4/27/2012. Redacted Transcript Deadline set for 5/7/2012. Release of Transcript Restriction set for 7/5/2012. (jwil, )
April 4, 2012 Opinion or Order Filing 193 Minute Entry. Proceedings held before Honorable Cameron McGowan Currie: Motion Hearing held on 4/4/2012 re #119 MOTION in Limine filed by Earnhardt Grading Inc, Lauth Construction Group LLC, Lauth Group Inc, #122 MOTION in Limine filed by Ross Dress for Less Inc, #120 MOTION for Summary Judgment MOTION to Dismiss filed by MW Clearing & Grading Inc, #117 MOTION for Summary Judgment filed by Earnhardt Grading Inc, Lauth Construction Group LLC, Lauth Group Inc, #118 MOTION for Summary Judgment filed by Fidelity and Deposit Company of Maryland, #121 MOTION for Summary Judgment filed by Mactec Engineering and Consulting Inc, #125 MOTION in Limine filed by Ross Dress for Less Inc, #115 MOTION to Exclude Relocation Damages filed by Lauth Construction Group LLC, Lauth Group Inc, #124 MOTION to Determine Admissibility of Evidence filed by Ross Dress for Less Inc. Court to enter text order ruling on motions and setting deadlines for briefs. Parties are to contact court by close of business on 4/5/2012 regarding jury trial dates. Court extends deadline for mediation to 5/4/2012. (Parties to notify court about jury trial dates by COB on 4/5/2012, Mediation due by 5/4/2012). Court Reporter Jenny Williams. (ssam, )
April 3, 2012 Opinion or Order Filing 192 NOTICE of Request for Protection from Court Appearance by Stanley Turner Case for June 25 - July 9, 2012 (Case, Stanley)
March 30, 2012 Opinion or Order Filing 190 NOTICE of Hearing: Jury Selection set for 5/17/2012 09:30 AM in Columbia # 2, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Cameron McGowan Currie (cbru, )
March 29, 2012 Opinion or Order Filing 189 NOTICE of Hearing on #120 MOTION for Summary Judgment, MOTION to Dismiss; #118 MOTION for Summary Judgment; #125 MOTION in Limine; #117 MOTION for Summary Judgment; #121 MOTION for Summary Judgment; #115 MOTION to Exclude Relocation Damages; #124 MOTION to Determine Admissibility of Evidence; #119 MOTION in Limine; #122 MOTION in Limine : Motion Hearing on all pending motions set for 4/4/2011 02:00 PM in Columbia # 2, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Cameron McGowan Currie. (cbru, )
March 22, 2012 Opinion or Order Filing 188 TEXT ORDER granting #187 Notice of Request for Protection from Court Appearance by Adam Crittenden Bach for June 20 - June 29, 2012. Signed by Honorable Cameron McGowan Currie on 3/22/2012. (cbru, )
March 21, 2012 Opinion or Order Filing 187 NOTICE of Request for Protection from Court Appearance by Adam Crittenden Bach for June 20 - June 29, 2012 (Bach, Adam)
March 15, 2012 Opinion or Order Filing 185 TEXT ORDER granting #184 Motion for Extension of Time for Filing Motions in Limine: The court grants the parties' Consent Motion for an Extension of Time to File Motions in Limine. Motions in Limine must be filed within fourteen (14) days following the court's rulings on the pending Motions for Summary Judgment and Motions to Exclude Certain Evidence and/or Expert Testimony. Signed by Honorable Cameron McGowan Currie on 3/15/2012.(cbru, )
March 14, 2012 Opinion or Order Filing 184 Consent MOTION for Extension of Time for Filing Motions in Limine by Lauth Construction Group LLC. Response to Motion due by 4/2/2012 No proposed order(Mack, Francis) Modified to add filer listed on document and to remove filer not listed on document 3/14/2012 (cbru, ).
February 21, 2012 Opinion or Order Filing 183 TEXT ORDER granting #181 Notice of Request for Protection from Court Appearance, #180 Notice of Request for Protection from Court Appearance, #179 Notice of Request for Protection from Court Appearance, #182 Notice of Request for Protection from Court Appearance: Protection is granted for the dates of April 1 through April 9 and April 25 through May 4, 2012. Signed by Honorable Cameron McGowan Currie on 2/21/2012. (cbru, )
February 17, 2012 Opinion or Order Filing 182 NOTICE of Request for Protection from Court Appearance by Christi Porter Cox for April 1 through April 9 and April 25 through May 4, 2012 (Cox, Christi) Modified to edit text on 2/21/2012 (cbru, ).
February 17, 2012 Opinion or Order Filing 181 NOTICE of Request for Protection from Court Appearance by Tracy Thompson Vann for April 1 through April 9 and April 25 through May 4, 2012 (Vann, Tracy) Modified to edit text on 2/21/2012 (cbru, ).
February 17, 2012 Opinion or Order Filing 180 NOTICE of Request for Protection from Court Appearance by Herbert W Hamilton for April 1 through April 9 and April 25 through May 4, 2012 (Hamilton, Herbert) Modified to edit text on 2/21/2012 (cbru, ).
February 17, 2012 Opinion or Order Filing 179 NOTICE of Request for Protection from Court Appearance by Daniel J Ballou for April 1 through April 9 and April 25 through May 4, 2012 (Ballou, Daniel) Modified to edit text on 2/21/2012 (cbru, ).
February 17, 2012 Opinion or Order Filing 178 NOTICE of Appearance by Christi Porter Cox on behalf of Ross Dress for Less Inc (Cox, Christi)
February 17, 2012 Opinion or Order Filing 177 NOTICE of Appearance by Tracy Thompson Vann on behalf of Ross Dress for Less Inc (Vann, Tracy)
February 6, 2012 Opinion or Order Filing 175 OBJECTIONS by MW Clearing & Grading Inc to #162 Pretrial Disclosures, #164 Pretrial Disclosures. Filing corrected for event type (cbru, )
February 6, 2012 Opinion or Order Filing 174 OBJECTIONS byRoss Dress for Less Inc to #163 Pretrial Disclosures. (Hamilton, Herbert)
February 6, 2012 Opinion or Order Filing 173 OBJECTIONS byRoss Dress for Less Inc to #161 Pretrial Disclosures. (Hamilton, Herbert)
February 6, 2012 Opinion or Order Filing 172 OBJECTIONS byRoss Dress for Less Inc to #158 Pretrial Disclosures. (Hamilton, Herbert)
February 6, 2012 Opinion or Order Filing 171 OBJECTIONS byRoss Dress for Less Inc to #160 Pretrial Disclosures. (Hamilton, Herbert)
February 6, 2012 Opinion or Order Filing 170 OBJECTIONS byRoss Dress for Less Inc to #159 Pretrial Disclosures. (Hamilton, Herbert)
February 3, 2012 Opinion or Order Filing 169 OBJECTIONS byMactec Engineering and Consulting Inc to #162 Pretrial Disclosures, #164 Pretrial Disclosures. (Ariail, Robert)
January 27, 2012 Opinion or Order Filing 167 OBJECTIONS byEarnhardt Grading Inc, Lauth Construction Group Inc, Lauth Construction Group LLC to #162 Pretrial Disclosures. (Mack, Francis)
January 20, 2012 Opinion or Order Filing 166 AMENDED RULE 26(a)(3)PRETRIAL DISCLOSURES by Earnhardt Grading Inc. Objections to PreTrial Disclosures due by 2/6/2012.(Bach, Adam)
January 20, 2012 Opinion or Order Filing 164 Supplemental RULE 26(a)(3)PRETRIAL DISCLOSURES by Ross Dress for Less Inc. Objections to PreTrial Disclosures due by 2/6/2012.(Hamilton, Herbert)
January 20, 2012 Opinion or Order Filing 163 RULE 26(a)(3)PRETRIAL DISCLOSURES by MW Clearing & Grading Inc. Objections to PreTrial Disclosures due by 2/6/2012.(Case, Stanley)
January 19, 2012 Opinion or Order Filing 162 RULE 26(a)(3)PRETRIAL DISCLOSURES by Ross Dress for Less Inc. Objections to PreTrial Disclosures due by 2/6/2012.(Hamilton, Herbert)
January 19, 2012 Opinion or Order Filing 161 RULE 26(a)(3)PRETRIAL DISCLOSURES by Mactec Engineering and Consulting Inc. Objections to PreTrial Disclosures due by 2/6/2012.(Ariail, Robert)
January 19, 2012 Opinion or Order Filing 160 RULE 26(a)(3)PRETRIAL DISCLOSURES by Fidelity and Deposit Company of Maryland. Objections to PreTrial Disclosures due by 2/6/2012.(Bach, Adam)
January 19, 2012 Opinion or Order Filing 159 RULE 26(a)(3)PRETRIAL DISCLOSURES by Earnhardt Grading Inc. Objections to PreTrial Disclosures due by 2/6/2012.(Bach, Adam)
January 19, 2012 Opinion or Order Filing 158 RULE 26(a)(3)PRETRIAL DISCLOSURES by Lauth Construction Group Inc, Lauth Construction Group LLC. Objections to PreTrial Disclosures due by 2/6/2012.(Mack, Francis)
January 19, 2012 Opinion or Order Filing 157 TEXT ORDER re #156 Notice of Request for Protection from Court Appearance filed by Robert Mills Ariail, Jr for April 2, 2012 through April 6, 2012. Signed by Honorable Cameron McGowan Currie on 1/19/2012. (cbru, )
January 18, 2012 Opinion or Order Filing 156 NOTICE of Request for Protection from Court Appearance by Robert Mills Ariail, Jr for April 2, 2012 through April 6, 2012 (Ariail, Robert)
January 17, 2012 Opinion or Order Filing 155 TEXT ORDER granting #154 Notice of Request for Protection from Court Appearance filed by Ronald G Tate, Jr for March 19 through 22, 2012. Signed by Honorable Cameron McGowan Currie on 1/17/2012. (cbru, )
January 17, 2012 Opinion or Order Filing 154 NOTICE of Request for Protection from Court Appearance by Ronald G Tate, Jr for March 19 through 22, 2012. Filing corrected for event type (cbru, )
January 3, 2012 Opinion or Order Filing 153 REPLY to Response to Motion re #122 MOTION in Limine. Response filed by Ross Dress for Less Inc. Filing corrected for event type (cbru, )
January 3, 2012 Opinion or Order Filing 152 REPLY to Response to Motion re #125 MOTION in Limine. Response filed by Ross Dress for Less Inc. (Attachments: #1 unpublished opinion - Haring vs. Still Waters) Filing corrected for event type (cbru, )
January 3, 2012 Opinion or Order Filing 151 REPLY to Response to Motion re #121 MOTION for Summary Judgment Response filed by Mactec Engineering and Consulting Inc. (Ariail, Robert)
January 3, 2012 Opinion or Order Filing 150 REPLY to Response to Motion re #118 MOTION for Summary Judgment Response filed by Fidelity and Deposit Company of Maryland. (Bach, Adam)
January 3, 2012 Opinion or Order Filing 149 REPLY to Response to Motion re #117 MOTION for Summary Judgment Response filed by Earnhardt Grading Inc, Lauth Construction Group LLC. (Attachments: #1 Exhibit Certificate of Occupancy)(Bach, Adam)
January 3, 2012 Opinion or Order Filing 148 REPLY to Response to Motion re #120 MOTION for Summary Judgment MOTION to Dismiss. Response filed by MW Clearing & Grading Inc. (Case, Stanley) Modified to edit text on 1/4/2012 (cbru, ).
January 3, 2012 Opinion or Order Filing 147 REPLY to Response to Motion re #120 MOTION for Summary Judgment MOTION to Dismiss. Response filed by MW Clearing & Grading Inc. (Case, Stanley) Modified to edit text on 1/4/2012 (cbru, ).
January 3, 2012 Opinion or Order Filing 146 REPLY to Response to Motion re #119 MOTION in Limine Response filed by Earnhardt Grading Inc, Lauth Construction Group LLC. (Mack, Francis)
December 22, 2011 Opinion or Order Filing 143 RESPONSE in Opposition re #117 MOTION for Summary Judgment Response filed by Ross Dress for Less Inc.Reply to Response to Motion due by 1/3/2012 (Attachments: #1 Appendix to Memorandum, #2 Supporting Documents Lauth's responses to plt's request to admit, #3 Supporting Documents Earnhardt's responses to plt's request to admit, #4 Supporting Documents Mactec's responses to plt's request to admit, #5 Supporting Documents Contract of Construction Phase 1, #6 Supporting Documents Contact of Construction Phase 2, #7 Supporting Documents Barker Dep. Exhibits and Pages, #8 Supporting Documents Taylor Dep. Pages, #9 Supporting Documents Moorhead Dep. Pages, #10 Supporting Documents Scott Dep Exhibits Part 1, #11 Supporting Documents Scott Dep Exhibits Part 2, #12 Supporting Documents Scott Dep Exhibits Part 3, #13 Supporting Documents Suter Dep Exhibits and Pages, #14 Supporting Documents Lucas Dep Exhibits)(Hamilton, Herbert) Modified to edit text on 12/27/2011 (ssam, ). (Attachment 6 replaced with corrected document provided by filing user on 12/27/2011) (ssam, ).
December 22, 2011 Opinion or Order Filing 142 RESPONSE in Opposition re #120 MOTION for Summary Judgment MOTION to Dismiss Response filed by Earnhardt Grading Inc.Reply to Response to Motion due by 1/3/2012 (Attachments: #1 Exhibit Barker Depo Tr. Excerpts, #2 Exhibit Kennerly Depo Tr. Excerpts)(Bach, Adam)
December 22, 2011 Opinion or Order Filing 141 RESPONSE in Opposition re #124 MOTION to Determine Admissibility of Evidence Response filed by Earnhardt Grading Inc, Lauth Construction Group LLC.Reply to Response to Motion due by 1/3/2012 (Attachments: #1 Exhibit Winters Depo Tr. Excerpt)(Bach, Adam)
December 22, 2011 Opinion or Order Filing 140 RESPONSE in Opposition re #121 MOTION for Summary Judgment of MacTec Response filed by Ross Dress for Less Inc.Reply to Response to Motion due by 1/3/2012 (Attachments: #1 Exhibit 1- Agreement of Purchase and Sale, #2 Exhibit 2- Geoscience Group report of 06.20.11, #3 Exhibit 3- William Sullivan deposition excerpts, #4 Exhibit 4 - unreported opinion - Georgetown Steel vs. Law Engineering)(Hamilton, Herbert)
December 22, 2011 Opinion or Order Filing 139 RESPONSE in Opposition re #119 MOTION in Limine of Defendants Lauth and Earnhardt Response filed by Ross Dress for Less Inc.Reply to Response to Motion due by 1/3/2012 (Attachments: #1 Exhibit A-Exhibits 2 & 4 to Karl Suter deposition, #2 Exhibit B - Exhibits 6, 7, & 10 to Bryan Lucas deposition)(Hamilton, Herbert)
December 22, 2011 Opinion or Order Filing 138 RESPONSE in Opposition re #124 MOTION to Determine Admissibility of Evidence Response filed by Mactec Engineering and Consulting Inc.Reply to Response to Motion due by 1/3/2012 (Ariail, Robert)
December 22, 2011 Opinion or Order Filing 137 RESPONSE in Opposition re #122 MOTION in Limine Response filed by Mactec Engineering and Consulting Inc.Reply to Response to Motion due by 1/3/2012 (Attachments: #1 Exhibit Mactec Proposal for Engineering Testing Services to Lauth, #2 Exhibit Mactec/Lauth Proposal Work Acceptance Sheet, #3 Exhibit William Sullivan Affidavit, #4 Exhibit William Sullivan 26a2 Report, #5 Exhibit Kenneth Humphries 26a2 Report, #6 Exhibit William Sullivan Deposition Excerpts Part 1, #7 Exhibit William Sullivan Deposition Excerpts Part 2, #8 Exhibit Kenneth Humphries Deposition Excerpts)(Ariail, Robert) (Main Document 137 replaced with corrected document provided by filing user on 12/27/2011) (ssam, ).
December 22, 2011 Opinion or Order Filing 136 RESPONSE in Opposition re #120 MOTION for Summary Judgment MOTION to Dismiss of MW Clearing & Grading Response filed by Ross Dress for Less Inc.Reply to Response to Motion due by 1/3/2012 (Ballou, Daniel)
December 22, 2011 Opinion or Order Filing 135 RESPONSE in Opposition re #118 MOTION for Summary Judgment of Third Party Defendant Fidelity and Deposit Company of Maryland Response filed by Ross Dress for Less Inc.Reply to Response to Motion due by 1/3/2012 (Ballou, Daniel)
December 22, 2011 Opinion or Order Filing 134 RESPONSE in Opposition re #118 MOTION for Summary Judgment Response filed by Lauth Construction Group LLC.Reply to Response to Motion due by 1/3/2012 (Attachments: #1 Exhibit A - Subcontract Performance Bond, #2 Exhibit B - Georgia Bank & Trust, 2010 WL 3271732, #3 Exhibit C - Lancaster v. Williams, 2010 WL 2571873)(Mack, Francis) Modified to edit text on 12/22/2011 (cbru, ).
December 21, 2011 Opinion or Order Filing 133 RESPONSE in Opposition re #125 MOTION in Limine. Response filed by MW Clearing & Grading Inc.Reply to Response to Motion due by 1/3/2012 (Attachments: #1 Exhibit A- depo of LG Lewis w.attachments, #2 Exhibit Part 1 - Lewis site photos, #3 Exhibit Part 2 - Lewis site photos)(Case, Stanley) Modified to edit text on 12/22/2011 (cbru, ).
December 21, 2011 Opinion or Order Filing 131 STIPULATION of Dismissal With Prejudice as to Lauth Group, Inc. Lauth Group Inc, Ross Dress for Less Inc. (Mack, Francis) Modified to remove filer not listed on document on 12/21/2011 (cbru, ).
December 15, 2011 Opinion or Order Filing 130 REPLY to Response to Motion re #115 MOTION to Exclude Relocation Damages Response filed by Lauth Construction Group Inc, Lauth Group LLC. (Attachments: #1 Exhibit B - Winter's Sept. 30, 2011 depo excerpt, #2 A - PSI Report)(Mack, Francis) Modified to edit text, to add filer listed on document, and to remove filer not listed on document on 12/16/2011 (cbru, ).
December 6, 2011 Opinion or Order Filing 128 TEXT ORDER re PENDING MOTIONS: Multiple motions are currently pending. The court provides advance notice that the court will not extend and will strictly enforce the deadlines (as shown on the notices of electronic filing and the court's docket) for responding to these motions. The parties are also reminded (a) that they must provide courtesy copies of motions-related filings which exceed 25 pages, (b) that the courtesy copies should include the CM/ECF headers, and should be bound and tabbed if they exceed 50 pages, (c) that all print (including footnotes) should be in at least 12 point type, (d) that a separate response should be filed for each motion (i.e. no response should address more than one motion), and (e) all attachments must include a descriptive name (e.g., "Depos. of Bill Jones" not "Exhibit 1") on the docket. Signed by Honorable Cameron McGowan Currie on 12/6/2011. (cbru, )
December 6, 2011 Opinion or Order Filing 127 SUPPLEMENT by Earnhardt Grading Inc, Lauth Construction Group Inc, Lauth Group Inc to #119 MOTION in Limine. (Mack, Francis)
December 6, 2011 Opinion or Order Filing 126 SUPPLEMENT by Earnhardt Grading Inc, Lauth Construction Group Inc, Lauth Construction Group LLC to #117 MOTION for Summary Judgment. (Bach, Adam)
December 5, 2011 Opinion or Order Filing 125 MOTION in Limine by Ross Dress for Less Inc. Response to Motion due by 12/22/2011 (Attachments: #1 Exhibit 1, Lewis' Rule 26a2 Report, #2 Exhibit 2, Portions of Lewis' deposition transcript, #3 Supporting Documents Unpublished case, Wright, et al)No proposed order(Hamilton, Herbert)
December 5, 2011 Opinion or Order Filing 124 MOTION to Determine Admissibility of Evidence by Ross Dress for Less Inc. Response to Motion due by 12/22/2011 No proposed order(Hamilton, Herbert) Modified to correct motion relief on 12/6/2011 (cbru, ).
December 5, 2011 Opinion or Order Filing 123 RESPONSE in Opposition re #115 MOTION to Exclude Relocation Damages Response filed by Ross Dress for Less Inc.Reply to Response to Motion due by 12/15/2011 (Hamilton, Herbert)
December 5, 2011 Opinion or Order Filing 122 MOTION in Limine by Ross Dress for Less Inc. Response to Motion due by 12/22/2011 (Attachments: #1 Index of Attachments, #2 Exhibit 1, Humphries Rule 26(a)(2) Report, #3 Exhibit 2, Portions of Humphries Deposition Transcript, #4 Exhibit 3, Portions of Smith's Depostion Transcript, #5 unpublished case-Free, et al, #6 unpublished case-Phelan, et al, #7 unpublished case-Holesapple, et al)No proposed order(Hamilton, Herbert) Modified to edit text on 12/6/2011 (cbru, ).
December 5, 2011 Opinion or Order Filing 121 MOTION for Summary Judgment by Mactec Engineering and Consulting Inc. Response to Motion due by 12/22/2011 (Attachments: #1 Memo in Support, #2 Exhibit 1 - Mactec Proposal to Lauth Property Group, #3 Exhibit 2 - Ken Konopasek Deposition Excerpt, #4 Exhibit 3 - Mactec and Lauth Contract, #5 Exhibit 4 - Doug Taylor Deposition Excerpt)No proposed order(Ariail, Robert) Modified to add descriptions to exhibits on 12/8/2011 (cbru, ).
December 5, 2011 Opinion or Order Filing 120 MOTION to Dismiss, MOTION for Summary Judgment by MW Clearing & Grading Inc. Response to Motion due by 12/22/2011 (Attachments: #1 Memo in Support, #2 Exhibit 1 - deposition of Patrick Moorhead transcript, #3 Certificate of Service)No proposed order(Case, Stanley). Added additional motion relief on 12/6/2011 (cbru, ). (Main Document 120 replaced on 12/6/2011) (cbru, ). (Attachment 1 replaced on 12/6/2011) (cbru, ). (Attachment 3 replaced on 12/7/2011) (cbru, ). Modified to add description to exhibit on 12/7/2011 (cbru, ).
December 5, 2011 Opinion or Order Filing 119 Joint MOTION in Limine by Earnhardt Grading Inc, Lauth Construction Group LLC, Lauth Group Inc. Response to Motion due by 12/22/2011 (Attachments: #1 Memo in Support, #2 Exhibit A - P's ID of Expert Witness, #3 Exhibit B - P's Supp ID of Expert Witness, #4 Exhibit C - P's November 18, 2011 Ltr to all Counsel, #5 Exhibit D - Timothy Cook, PE's March 10, 2011 Proposal, #6 Exhibit E - Cook October 25, 2011 depo transcript, #7 Exhibit F - Winters May 5, 2011 depo transcript, #8 Exhibit G - Winters September 30, 2011 depo transcript, #9 Exhibit H - Suter October 18, 2011 depo transcript, #10 Exhibit I - Lucas October 18, 2011 depo transcript)No proposed order(Mack, Francis) Modified to correct motion relief and to remove duplicative text on 12/6/2011 (cbru, ).
December 5, 2011 Opinion or Order Filing 118 MOTION for Summary Judgment by Fidelity and Deposit Company of Maryland. Response to Motion due by 12/22/2011 (Attachments: #1 Memo in Support, #2 Exhibit A - Bond, #3 Exhibit B - Letter from Lauth, #4 Exhibit C - D. Taylor Deposition Transcript excerpts, #5 Exhibit D - A. Barker Deposition Transcript excerpts, #6 Exhibit E - Daily Work Sheet Summary, #7 Exhibit Caselaw)No proposed order(Bach, Adam) Modified to add descriptions to exhibits on 12/6/2011 (cbru, ).
December 5, 2011 Opinion or Order Filing 117 MOTION for Summary Judgment by Earnhardt Grading Inc, Lauth Construction Group LLC, Lauth Group Inc. Response to Motion due by 12/22/2011 (Attachments: #1 Memo in Support, #2 Exhibit A - Gary Scott Deposition Transcript 30(b)(6) excerpts, #3 Exhibit B - Alan Barker Deposition Transcript excerpts, #4 Exhibit C - Doug Taylor Deposition Transcript excerpts, #5 Exhibit D - Gary Scott Deposition Transcript 30(b)(6) excerpts, #6 Exhibit E - Gary Scott Deposition Transcript excerpts, #7 Exhibit F - Gary Scott Deposition Transcript excerpts; John Kowalewski Deposition Transcript excerpts, #8 Exhibit G - Draft Report Remedial Work Cost Estimates, #9 Exhibit H - November 18, 2011 Letter from Mr. Hamilton, #10 Exhibit I - Suter Deposition Transcript excerpts, #11 Exhibit J - Suter Deposition Transcript excerpts, #12 Exhibit K - Plaintiffs Supp. Identification of Expert Witnesses, #13 Exhibit L - Winters Deposition Transcript excerpts, #14 Exhibit M - Earnhardt-Lauth Contract Schedule A, #15 Exhibit N - Lauth-Transpointe Contract Phase I & II, Exhibits A and C, #16 Exhibit O - Letter of Intent from Gary Copps, dated April 26, 2007)No proposed order(Bach, Adam) Modified to add descriptions to exhibits on 12/6/2011 (cbru, ).
November 21, 2011 Opinion or Order Filing 116 DELETION OF DOCKET ENTRY NUMBER 114 Reason: Attorney refiled instead of submitting corrected document via email as directed. Corrected Filing Document Number #115 Modified filing date to that of original filing: 11/18/2011 Response due date modified to that of original filing: 12/5/2011 (cbru, )
November 18, 2011 Opinion or Order Filing 115 MOTION to Exclude Relocation Damages by Lauth Construction Group LLC, Lauth Group Inc. Response to Motion due by 12/5/2011 (Attachments: #1 Exhibit A - Plaintiff letter dated November 8, 2011)No proposed order(Mack, Francis) Modified to correct filing date, to add filer listed on document, and to remove filer not listed on document on 11/21/2011 (cbru, ).
November 17, 2011 Opinion or Order Filing 113 TEXT ORDER granting #112 Consent MOTION to Amend/Correct #86 Scheduling Order: The consent motion to extend the deadline to file motions (to December 5, 2011) and to complete mediation (to January 19, 2012) is granted based on the parties' representation that these amendments will not require modification of any other deadlines. NO FURTHER EXTENSIONS OF ANY DEADLINES WILL BE GRANTED. (Mediation Due by 1/19/2012, Motions due by 12/5/2011) Signed by Honorable Cameron McGowan Currie on 11/17/2011. (cbru, )
November 17, 2011 Opinion or Order Filing 112 Consent MOTION to Amend/Correct #86 Scheduling Order by Earnhardt Grading Inc. Response to Motion due by 12/5/2011 No proposed order(Bach, Adam) Modified to link correct event to associated event on 11/17/2011 (cbru, ).
October 27, 2011 Opinion or Order Filing 110 TEXT ORDER granting #109 Consent MOTION to Amend/Correct #86 Scheduling Order. (Discovery due by 11/9/2011, Motions due by 11/28/2011) Signed by Honorable Cameron McGowan Currie on 10/27/2011. (cbru, )
October 27, 2011 Opinion or Order Filing 109 Consent MOTION to Amend/Correct #86 Scheduling Order, Terminate Motions,, by Ross Dress for Less Inc. Response to Motion due by 11/14/2011 No proposed order(Hamilton, Herbert)
September 29, 2011 Opinion or Order Filing 108 TEXT ORDER granting #107 Notice of Request for Protection from Court Appearance by Emily Ruth Gifford for October 19, 2011 through November 2, 2011. Signed by Honorable Cameron McGowan Currie on 9/29/2011. (cbru, )
September 29, 2011 Opinion or Order Filing 107 NOTICE of Request for Protection from Court Appearance by Emily Ruth Gifford for October 19, 2011 through November 2, 2011 (Gifford, Emily)
September 22, 2011 Opinion or Order Filing 106 AFFIDAVIT of Records Custodian by MW Clearing & Grading Inc.(Case, Stanley)
September 7, 2011 Opinion or Order Filing 105 DELETION OF DOCKET ENTRY NUMBER 100,101 Reason: Documents signed by one attorney but filed another another attorney's login. Corrected Filing Document Number #103 , #104 Modified filing date to that of original filing: 9/6/2011 Response due date modified to that of original filing: N/A (cbru, )
September 6, 2011 Opinion or Order Filing 104 CERTIFICATE OF SERVICE by Lauth Construction Group LLC, Lauth Group Inc re #99 Defendant's ID of Expert Witnesses (Mack, Francis) Modified to correct filing date and to link correct event to associated event on 9/7/2011 (cbru, ).
September 6, 2011 Opinion or Order Filing 103 CERTIFICATE OF SERVICE by Lauth Construction Group LLC, Lauth Group Inc re #93 AFFIDAVIT of Records Custodian (Mack, Francis) Modified to correct filing date and to link correct event to associated event on 9/7/2011 (cbru, ).
September 6, 2011 Opinion or Order Filing 102 TEXT ORDER granting in part #94 MOTION for Extension of Time, #96 Supplemental MOTION for Extension of Time: The motion for extension of the records custodian deadline filed by MW Clearing & Grading Inc. is granted in part. The deadline is extended by twenty-one (21) days. The extension applies to the specified witness only. The parties shall plan their schedules to be available to depose this witness prior to the close of discovery in the event there is an objection to reliance on this records custodian affidavit. (Records Custodian Affidavit due by 9/26/2011) Signed by Honorable Cameron McGowan Currie on 9/6/2011. (cbru, )
September 6, 2011 Opinion or Order Filing 99 DEFENDANT'S ID OF EXPERT WITNESSES by Lauth Construction Group LLC, Lauth Group Inc.(Mack, Francis) Modified to add filer listed on document and to remove filer not listed on document on 9/6/2011 (cbru, ).
September 6, 2011 Opinion or Order Filing 98 CERTIFICATE OF SERVICE by Earnhardt Grading Inc re #97 Defendant's ID of Expert Witnesses (Bach, Adam)
September 6, 2011 Opinion or Order Filing 97 DEFENDANT'S ID OF EXPERT WITNESSES by Earnhardt Grading Inc.(Bach, Adam)
September 6, 2011 Opinion or Order Filing 96 Supplemental MOTION for Extension of Time by MW Clearing & Grading Inc. Response to Motion due by 9/23/2011 (Attachments: #1 Certificate of Service)No proposed order(Duncan, William)
September 6, 2011 Opinion or Order Filing 95 CERTIFICATE OF SERVICE by Mactec Engineering and Consulting Inc re #92 Defendant's ID of Expert Witnesses (Ariail, Robert)
September 6, 2011 Opinion or Order Filing 94 MOTION for Extension of Time by MW Clearing & Grading Inc. Response to Motion due by 9/23/2011 (Attachments: #1 Certificate of Service)No proposed order(Case, Stanley)
September 6, 2011 Opinion or Order Filing 93 AFFIDAVIT of Records Custodian Dr Hope Mizzell by Lauth Construction Group LLC, Lauth Group Inc.(Mack, Francis) Modified to edit text on 9/6/2011 (cbru, ).
September 6, 2011 Opinion or Order Filing 92 DEFENDANT'S ID OF EXPERT WITNESSES by Mactec Engineering and Consulting Inc.(Ariail, Robert)
September 2, 2011 Opinion or Order Filing 91 DELETION OF DOCKET ENTRY NUMBER 89 Reason: Per discussion with filing attorney. Modified filing date to that of original filing: N/A Response due date modified to that of original filing: N/A (cbru, )
September 2, 2011 Opinion or Order Filing 88 DEFENDANT'S ID OF EXPERT WITNESSES by MW Clearing & Grading Inc. (Attachments: #1 Certificate of Service)(Case, Stanley) (Main Document 88 replaced on 9/6/2011) (cbru, ).
June 24, 2011 Opinion or Order Filing 86 FOURTH AMENDED SCHEDULING ORDER (Defendants ID of Expert Witnesses Due by 9/5/2011, Records Custodian Affidavit due by 9/5/2011, Discovery due by 10/27/2011, Motion in Limine due by 3/16/2012, Motions due by 11/14/2011, Rule 26(a)(3) Disclosures due by 1/19/2012, Jury Selection Deadline 4/6/2012, Mediation Due by 1/5/2012) Motions granted: #85 MOTION to Amend/Correct #78 Scheduling Order. Signed by Honorable Cameron McGowan Currie on 6/24/2011. (cbru, )
June 24, 2011 Opinion or Order Filing 85 Consent MOTION to Amend/Correct #78 Scheduling Order by Lauth Construction Group LLC, Lauth Group Inc. Response to Motion due by 7/11/2011 (Attachments: #1 Exhibit Consent Order to Amend Third Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel(Mack, Francis) Modified to link correct event to associated event, to remove filer not listed on document, and to edit text on 6/24/2011 (cbru, ).
June 13, 2011 Opinion or Order Filing 84 REPLY to Crossclaim #83 by Mactec Engineering and Consulting Inc.(Ariail, Robert) (Main Document 84 replaced on 6/15/2011) (cbru, ).
May 27, 2011 Opinion or Order Filing 83 AMENDED ANSWER to #79 Crossclaim (to correct scriveners error), CROSSCLAIM against Mactec Engineering and Consulting Inc by Lauth Construction Group LLC, Lauth Group Inc. (Mack, Francis) Modified to link correct event to associated event and to edit text on 5/27/2011 (cbru, ).
May 19, 2011 Opinion or Order Filing 82 REPLY to #79 Crossclaim; CROSSCLAIM against Mactec Engineering and Consulting Inc by Lauth Construction Group LLC, Lauth Group Inc.(Mack, Francis) Modified to remove duplicative text on 5/19/2011 (cbru, ).
April 15, 2011 Opinion or Order Filing 80 Local Rule 26.01 Answers to Interrogatories by Mactec Engineering and Consulting Inc.(Ariail, Robert)
April 15, 2011 Opinion or Order Filing 79 ANSWER to #63 Amended Complaint,, CROSSCLAIM against Lauth Construction Group LLC by Mactec Engineering and Consulting Inc. (Attachments: #1 Exhibit)(Ariail, Robert)
April 12, 2011 Opinion or Order Filing 78 THIRD CONSENT AMENDED SCHEDULING ORDER (Defendants ID of Expert Witnesses Due by 6/28/2011, Records Custodian Affidavit due by 6/28/2011, Discovery due by 8/19/2011, Motion in Limine due by 1/6/2012, Motions due by 9/5/2011, Rule 26(a)(3) Disclosures due by 11/11/2011, Jury Selection Deadline 1/27/2012, ADR Statement due by 9/28/2011, Mediation Due by 10/28/2011) Motions terminated: #77 Consent MOTION to Amend/Correct #54 Scheduling Order. Signed by Honorable Cameron McGowan Currie on 4/12/2011. (cbru, )
April 12, 2011 Opinion or Order Filing 77 Consent MOTION to Amend/Correct #54 Scheduling Order, Terminate Motions,,,, by Mactec Engineering and Consulting Inc. Response to Motion due by 4/29/2011 (Attachments: #1 Exhibit Proposed Third Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel(Ariail, Robert)
April 8, 2011 Opinion or Order Filing 76 TEXT ORDER granting #75 Notice of Request for Protection from Court Appearance filed by Francis Marion Mack for September 19 through September 28, 2011. Signed by Honorable Cameron McGowan Currie on 4/8/2011. (cbru, )
April 8, 2011 Opinion or Order Filing 75 NOTICE of Request for Protection from Court Appearance by Francis Marion Mack for September 19 through September 28, 2011. Filing corrected for event type (cbru, )
March 30, 2011 Opinion or Order Filing 74 LETTER EXTENDING TIME TO ANSWER Mactec Engineering and Consulting Inc answer due 4/25/2011. (Ariail, Robert)
March 29, 2011 Opinion or Order Filing 73 PLAINTIFF'S ID OF EXPERT WITNESSES by Ross Dress for Less Inc.(Hamilton, Herbert)
March 25, 2011 Opinion or Order Filing 72 REPLY to Crossclaim #65 by Earnhardt Grading Inc.(Bach, Adam)
March 23, 2011 Opinion or Order Filing 71 TEXT ORDER granting #70 Motion to Appear Pro Hac Vice. Signed by Honorable Cameron McGowan Currie on 3/23/2011.(cbru, )
March 23, 2011 Opinion or Order Filing 70 MOTION to Appear Pro Hac Vice by David Redding ( Filing fee $ 250 receipt number 0420-3276854) by Mactec Engineering and Consulting Inc. Response to Motion due by 4/11/2011 (Attachments: #1 Affidavit and Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Ariail, Robert) Modified to edit text on 3/23/2011 (cbru, ).
March 23, 2011 Opinion or Order Filing 69 SUMMONS Returned Executed by Ross Dress for Less Inc. Mactec Engineering and Consulting Inc served on 3/14/2011, answer due 4/4/2011. (Attachments: #1 Exhibit A - Certified Mail-Return Receipt) Filing corrected for event type (cbru, )
March 23, 2011 Opinion or Order Filing 68 NOTICE of Appearance by Robert Mills Ariail, Jr on behalf of Mactec Engineering and Consulting Inc (Ariail, Robert)
March 17, 2011 Opinion or Order Filing 67 ANSWER to #63 Amended Complaint by Earnhardt Grading Inc.(Bach, Adam) Modified on 3/17/2011 at request of attorney (sfla). Modified to edit text on 3/17/2011 (cbru, ).
March 11, 2011 Opinion or Order Filing 65 ANSWER to #63 Amended Complaint, CROSSCLAIM against Earnhardt Grading Inc by Lauth Construction Group LLC, Lauth Group Inc.(Mack, Francis) Modified to link correct event to associated event on 3/11/2011 (cbru, ).
March 7, 2011 Opinion or Order Filing 64 Summons Issued as to Mactec Engineering and Consulting Inc. (cbru, )
March 4, 2011 Opinion or Order Filing 63 AMENDED COMPLAINT against Mactec Engineering and Consulting Inc, Earnhardt Grading Inc, Lauth Construction Group Inc, Lauth Group Inc filed by Ross Dress for Less Inc. (Attachments: #1 Summons against Mactec Engineering & Consulting, Inc.) (Hamilton, Herbert) Modified to edit text on 3/7/2011 (cbru, ).
March 1, 2011 Opinion or Order Filing 62 TEXT ORDER granting #61 Consent MOTION to Amend/Correct #7 Amended Complaint: The consent motion to amend the complaint is granted subject to the requirement that the proposed amended complaint be filed within seven calendar days of entry of this order and service of the summons and complaint be perfected within twenty-eight days after entry of this order. As soon as possible after service but no later than fifty-six days following entry of this order, all parties shall conduct a joint conference to address FRCP 26(f) issues. Any request for amendment of the scheduling order shall be submitted within seven days thereafter. (Amended Pleadings due by 3/8/2011, Service due by 3/29/2011, Motion to Amend Scheduling Order due by 5/3/2011 ) Signed by Honorable Cameron McGowan Currie on 3/1/2011. (cbru, )
February 28, 2011 Opinion or Order Filing 61 Consent MOTION to Amend/Correct #7 Amended Complaint by Ross Dress for Less Inc. Response to Motion due by 3/17/2011 (Attachments: #1 Exhibit 1 to Motion-Proposed Amended Complaint, #2 Exhibit A to Amended Complaint-Affidavit of Sullivan)No proposed order(Hamilton, Herbert) Modified to link correct event to associated event on 2/28/2011 (cbru, ).
January 20, 2011 Opinion or Order Filing 60 CONSENT ORDER EXTENDING TIME FOR MW CLEARING & GRADING TO RESPOND TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION. Signed by Honorable Cameron McGowan Currie on 1/20/2011. (cbru, )
January 19, 2011 Opinion or Order Filing 59 NOTICE of Cancellation of Hearing: Discovery Telephone Hearing set for 1/19/2011 03:00 PM (cbru, )
January 19, 2011 Opinion or Order Filing 58 Letter from Herbert W. Hamilton. (Hamilton, Herbert)
January 18, 2011 Opinion or Order Filing 57 NOTICE re 56 Order: Plaintiff's attorney has elected to facilitate the conference call set for Wednesday, January 19, 2011 at 3:00pm. The call-in number is 1-888-622-5357 with a participation code of 368575. All parties should call this number and be on the line ready to begin the hearing at 3:00pm.(cbru, )
January 18, 2011 Opinion or Order Filing 56 TEXT ORDER denying #55 First MOTION to Compel: Plaintiff's motion to compel is denied for failure to comply with paragraph five of the scheduling order (requiring a teleconference with the undersigned before filing a motion to compel). The court will, however, hear the dispute by teleconference on Wednesday, January 19, 2011 at 3:00. At that time, Plaintiff shall be prepared to address whether the motion is timely. See Local Civil Rules 29.01, 37.01. Plaintiff's counsel shall initiate the call, get all participating counsel on the line, and then contact chambers at 803-253-3680. Alternatively, Plaintiff may make arrangements for a call in number and advise all counsel and the court of the same prior to the scheduled teleconference. (Discovery Telephone Hearing set for 1/19/2011 03:00 PM before Honorable Cameron McGowan Currie) Signed by Honorable Cameron McGowan Currie on 1/18/2011. (cbru, )
January 17, 2011 Opinion or Order Filing 55 First MOTION to Compel to MW Clearing & Grading, Inc. by Ross Dress for Less Inc. Response to Motion due by 2/3/2011 (Attachments: #1 Exhibit "A" Plaintiff's Initial Discovery)No proposed order(Ballou, Daniel)
January 6, 2011 Opinion or Order Filing 54 SECOND CONSENT AMENDED SCHEDULING ORDER (Amended Pleadings due by 2/28/2011, Plaintiffs ID of Expert Witness due by 3/29/2011, Defendants ID of Expert Witnesses Due by 4/29/2011, Records Custodian Affidavit due by 4/29/2011, Discovery due by 6/20/2011, Motion in Limine due by 11/7/2011, Motions due by 7/5/2011, Rule 26(a)(3) Disclosures due by 9/12/2011, Jury Selection Deadline 11/28/2011, ADR Statement due by 7/29/2011, Mediation Due by 8/29/2011) Motions granted: #53 Joint MOTION to Amend/Correct #43 Scheduling Order filed by Ross Dress for Less Inc. Signed by Honorable Cameron McGowan Currie on 1/6/2011. (cbru, )
December 29, 2010 Opinion or Order Filing 53 Consent MOTION to Amend/Correct #43 Scheduling Order by Ross Dress for Less Inc. Response to Motion due by 1/18/2011 (Attachments: #1 Proposed Order to Amend Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel(Hamilton, Herbert) Modified to edit text and to remove duplicative text from attachments on 12/29/2010 (ssam, ).
October 20, 2010 Opinion or Order Filing 49 Local Rule 26.01 Answers to Interrogatories by Fidelity and Deposit Company of Maryland.(Bach, Adam)
October 20, 2010 Opinion or Order Filing 48 ANSWER to #44 Amended Answer to Complaint, Third Party Complaint, Crossclaim,,, by Fidelity and Deposit Company of Maryland.(Bach, Adam)
September 28, 2010 Opinion or Order Filing 47 LETTER EXTENDING TIME TO ANSWER Fidelity and Deposit Company of Maryland answer due 10/20/2010. (Bach, Adam)
September 15, 2010 Opinion or Order Filing 46 REPLY to #44 Crossclaim by Earnhardt Grading Inc.(Bach, Adam) Modified to edit text on 9/15/2010 (cbru, ).
September 8, 2010 Opinion or Order Filing 45 Summons Issued as to Fidelity and Deposit Company of Maryland. (cbru, )
September 8, 2010 Opinion or Order Filing 44 AMENDED ANSWER to #7 Amended Complaint, THIRD PARTY COMPLAINT against Fidelity and Deposit Company of Maryland, CROSSCLAIM against Earnhardt Grading Inc by Lauth Construction Group LLC, Lauth Group Inc. (Attachments: #1 Exhibit A - Earnhardt Grading Sub-Contract Performance Bond) Filing corrected for event type (cbru, )
September 7, 2010 Opinion or Order Filing 43 CONSENT AMENDED SCHEDULING ORDER: Amended Pleadings due by 10/29/2010, Plaintiffs ID of Expert Witness due by 11/29/2010, Defendants ID of Expert Witnesses Due by 12/29/2010, Records Custodian Affidavit due by 12/29/2010, Discovery due by 4/19/2011, Motion in Limine due by 9/10/2011, Motions due by 5/4/2011, Rule 26(a)(3) Disclosures due by 7/13/2011, Jury Selection Deadline 10/1/2011, ADR Statement due by 5/29/2011, Mediation Due by 6/29/2011. Signed by Honorable Cameron McGowan Currie on 9/7/2010. (cbru, )
September 7, 2010 Opinion or Order Filing 42 DELETION OF DOCKET ENTRY NUMBER 39 Reason: Multiple deficiencies. Corrected Filing Document Number #41 Modified filing date to that of original filing: 9/3/2010 Response due date modified to that of original filing: N/A (cbru, )
September 3, 2010 Opinion or Order Filing 41 Joint Rule 26(f) Report by Ross Dress for Less Inc, Lauth Group Inc, Earnhardt Grading Inc, Lauth Construction Group LLC, MW Clearing & Grading Inc. (Attachments: #1 Joint 26.03 Answers, #2 Proposed Amended Scheduling Order)(Ballou, Daniel) Modified to correct filing date, to add filers listed on document, and to remove duplicative text on 9/7/2010 (cbru, ).
September 1, 2010 Opinion or Order Filing 37 TEXT ORDER granting #36 Motion to Amend/Correct. Signed by Honorable Cameron McGowan Currie on 9/1/2010.(cbru, )
August 31, 2010 Opinion or Order Filing 36 MOTION to Amend/Correct #16 Answer to Amended Complaint, Crossclaim by Lauth Construction Group LLC, Lauth Group Inc. Response to Motion due by 9/17/2010 (Attachments: #1 Answer to Amended Complaint, Cross-Claims and Third-Party Complaint, #2 Exhibit Earnhardt Grading's Subcontract Performance Bond)No proposed order(Mack, Francis) Modified to edit text on 8/31/2010 (cbru, ).
August 23, 2010 Opinion or Order Filing 35 MOTION to Amend/Correct #16 Answer to Amended Complaint, Crossclaim by Lauth Construction Group LLC. Response to Motion due by 9/10/2010 (Attachments: #1 Exhibit Lauth's Answer to Amended Complaint, Cross-Claim and 3rd Party Complaint, #2 Exhibit Earnhardt Sub-Contract Performance Bond)No proposed order(Mack, Francis) Modified to link correct event to associated event on 8/23/2010 (cbru, ).
July 30, 2010 Opinion or Order Filing 34 CONFERENCE AND SCHEDULING ORDER Rule 26 Report due by 9/3/2010, Amended Pleadings due by 10/29/2010, Plaintiffs ID of Expert Witness due by 11/29/2010, Defendants ID of Expert Witnesses Due by 12/29/2010, Records Custodian Affidavit due by 12/29/2010, Discovery due by 2/18/2011, Motion in Limine due by 7/11/2011, Motions due by 3/4/2011, Rule 26(a)(3) Disclosures due by 5/13/2011, Jury Selection Deadline 8/1/2011, ADR Statement due by 3/29/2011, Mediation Due by 4/29/2011,. Signed by Honorable Cameron McGowan Currie on 7/30/2010. (cbru, ) Modified to edit text on 8/3/2010 (cbru, ).
July 23, 2010 Opinion or Order Filing 32 Local Rule 26.01 Answers to Interrogatories by MW Clearing & Grading Inc.(Duncan, William)
July 23, 2010 Opinion or Order Filing 31 ANSWER to #24 Answer to Amended Complaint, Third Party Complaint by MW Clearing & Grading Inc. (Attachments: #1 Certificate of Service)(Duncan, William)
July 7, 2010 Opinion or Order Filing 30 LETTER EXTENDING TIME TO ANSWER MW Clearing & Grading Inc answer due 7/26/2010. (Attachments: #1 Exhibit)(Duncan, William)
June 28, 2010 Opinion or Order Filing 29 SUMMONS Returned Executed by Earnhardt Grading Inc. MW Clearing & Grading Inc served on 6/15/2010, answer due 7/6/2010. Filing corrected for event type. (Attachments: #1 Affidavit of Service)(ssam, )
May 26, 2010 Opinion or Order Filing 28 REPLY to Crossclaim #16 by Earnhardt Grading Inc.(Bach, Adam)
May 17, 2010 Opinion or Order Filing 27 Summons Issued as to MW Clearing & Grading Inc. (cbru, )
May 6, 2010 Opinion or Order Filing 25 Local Rule 26.01 Answers to Interrogatories by Earnhardt Grading Inc.(Tate, Ronald)
May 6, 2010 Opinion or Order Filing 24 ANSWER to #7 Amended Complaint, THIRD PARTY COMPLAINT against MW Clearing & Grading Inc by Earnhardt Grading Inc.(Tate, Ronald) Modified to remove duplicative text on 5/6/2010 (cbru, ).
May 6, 2010 Opinion or Order Filing 22 TEXT ORDER granting #20 Motion to Substitute Attorney ; granting #20 Motion to Withdraw as Attorney. Signed by Honorable Cameron McGowan Currie on 5/6/2010.(cbru, )
May 5, 2010 Opinion or Order Filing 21 DELETION OF DOCKET ENTRY NUMBER 14 Reason: Document is not signed by the attorney who electronically filed it.Corrected Filing Document Number #20 Modified filing date to that of original filing: Correction made on same date as original filing. Response due date modified to that of original filing: Correction made on same date as original filing. (cbru, )
May 5, 2010 Opinion or Order Filing 20 MOTION to Substitute Attorney Francis M. Mack, MOTION to Withdraw as Attorney John W. Foster ( Response to Motion due by 5/24/2010) by Lauth Construction Group Inc, Lauth Group Inc. No proposed order(Foster, John)
May 5, 2010 Opinion or Order Filing 18 Local Rule 26.01 Answers to Interrogatories by Lauth Construction Group Inc, Lauth Group Inc.(Mack, Francis)
May 5, 2010 Opinion or Order Filing 16 ANSWER to #7 Amended Complaint, CROSSCLAIM against Earnhardt Grading Inc by Lauth Construction Group Inc, Lauth Group Inc.(Mack, Francis) Modified to remove duplicative text on 5/5/2010 (cbru, ).
May 5, 2010 Opinion or Order Filing 15 NOTICE of Appearance by Francis Marion Mack on behalf of Lauth Construction Group Inc, Lauth Group Inc (Mack, Francis)
April 15, 2010 Opinion or Order Filing 13 LETTER EXTENDING TIME TO ANSWER Lauth Construction Group Inc answer due 5/5/2010; Lauth Group Inc answer due 5/5/2010. (Foster, John)
April 14, 2010 Opinion or Order Filing 12 LETTER EXTENDING TIME TO ANSWER Earnhardt Grading Inc answer due 5/6/2010. (Bach, Adam)
April 8, 2010 Opinion or Order Filing 11 SUMMONS Returned Executed by Ross Dress for Less Inc. Earnhardt Grading Inc served on 3/25/2010, answer due 4/15/2010. (Attachments: #1 Exhibit A - Certified Mail-Return Receipt Card)(Ballou, Daniel) Modified to add descriptions to exhibits on 4/8/2010 (cbru, ).
April 8, 2010 Opinion or Order Filing 10 SUMMONS Returned Executed by Ross Dress for Less Inc. Lauth Construction Group Inc served on 3/25/2010, answer due 4/15/2010. (Attachments: #1 Exhibit A - Certified Mail-Return Receipt Card)(Ballou, Daniel) Modified to add descriptions to exhibits on 4/8/2010 (cbru, ).
April 8, 2010 Opinion or Order Filing 9 SUMMONS Returned Executed by Ross Dress for Less Inc. Lauth Group Inc served on 3/25/2010, answer due 4/15/2010. (Attachments: #1 Exhibit A - Certified Mail-Return Receipt Card)(Ballou, Daniel) Modified to add descriptions to exhibits on 4/8/2010 (cbru, ).
March 19, 2010 Opinion or Order Filing 8 Summons Issued as to Earnhardt Grading Inc, Lauth Construction Group Inc, Lauth Group Inc. (cbru, )
March 19, 2010 Opinion or Order Filing 7 AMENDED COMPLAINT against Earnhardt Grading Inc, Lauth Construction Group Inc, Lauth Group Inc, filed by Ross Dress for Less Inc. (Ballou, Daniel)
March 19, 2010 Opinion or Order Filing 6 TEXT ORDER: The jurisdictional allegations of the complaint are deficient in that Plaintiff fails to provide both the state of incorporation and principal place of business for all corporate parties. Plaintiff may cure this deficiency by filing either an amended complaint or supplemental jurisdictional statement no later than March 23, 2010. Failure to cure the deficiency may result in dismissal without prejudice. (Supplement/Amended Pleadings due by 3/23/2010) Signed by Honorable Cameron McGowan Currie on 3/19/2010. (cbru, )
March 18, 2010 Opinion or Order Filing 4 Summons Issued as to Earnhardt Grading Inc, Lauth Construction Group Inc, Lauth Group Inc. (cbru, )
March 18, 2010 Opinion or Order Filing 3 Local Rule 26.01 Answers to Interrogatories by Ross Dress for Less Inc.(cbru, )
March 18, 2010 Opinion or Order Filing 1 COMPLAINT against Earnhardt Grading Inc, Lauth Construction Group Inc, Lauth Group Inc ( Filing fee $ 350 receipt number 0420-2615384.), filed by Ross Dress for Less Inc.(cbru, ) (Main Document 1 replaced on 3/19/2010) (cbru, ).

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Search for this case: Ross Dress for Less Inc v. Lauth Group Inc et al
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Plaintiff: Ross Dress for Less Inc
Represented By: Christi Porter Cox
Represented By: Daniel J Ballou
Represented By: Herbert W Hamilton
Represented By: Tracy T James
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3rd party plaintiff: Lauth Group Inc
Represented By: Emily Gifford Lucey
Represented By: Francis Marion Mack
Represented By: John Witherspoon Foster
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Defendant: Lauth Construction Group Inc
Represented By: Emily Gifford Lucey
Represented By: Francis Marion Mack
Represented By: John Witherspoon Foster
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Cross defendant: Earnhardt Grading Inc
Represented By: Adam Crittenden Bach
Represented By: Ronald G Tate, Jr
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Cross defendant: Mactec Engineering and Consulting Inc
Represented By: Robert Mills Ariail, Jr
Represented By: David G Redding
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Cross claimant: Lauth Construction Group LLC
Represented By: Emily Gifford Lucey
Represented By: Francis Marion Mack
Represented By: John Witherspoon Foster
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3rd party defendant: MW Clearing & Grading Inc
Represented By: J Kevin Owens
Represented By: Stanley Turner Case
Represented By: William Layton Duncan
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3rd party defendant: Fidelity and Deposit Company of Maryland
Represented By: Adam Crittenden Bach
Represented By: Ronald G Tate, Jr
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