United States of America for the use and benefit of EWS Texas, Inc. v. The Robins and Morton Corporation et al
Defendant: Robins and Morton Corporation doing business as Robins and Morton Group, Zurich American Insurance Company and The Robins and Morton Corporation doing business as Robins and Morton Group
Counter Defendant: United States of America for the use and benefit of EWS Texas, Inc.
Counter Claimant: The Robins and Morton Corporation
Case Number: 1:2023cv00288
Filed: May 1, 2023
Court: US District Court for the Middle District of Alabama
Presiding Judge: Emily C Marks
Referring Judge: Kelly F Pate
Nature of Suit: Miller Act
Cause of Action: 40 U.S.C. § 3131 Miller Act NEW
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 13, 2023 Opinion or Order Filing 25 REPLY to Response to Motion re #16 MOTION to Compel Arbitration and MOTION to Stay Action Pending Arbitration filed by The Robins and Morton Corporation. (Stewart, Charles) Modified on 6/13/2023 to clean up text (cwl, ).
June 7, 2023 Opinion or Order Filing 24 Case Reassigned to Chief Judge Emily C. Marks as Presiding Judge and Magistrate Judge Kelly F. Pate as Referral Judge. Magistrate Judge Kelly F. Pate no longer assigned to the case as Presiding Judge. (hrr, )
June 5, 2023 Opinion or Order Filing 23 RESPONSE in Opposition re #16 MOTION to Stay re #1 Complaint,, and to Compel Arbitration and Memorandum Brief in Support MOTION to Compel filed by United States of America for the use and benefit of EWS Texas, Inc.. (Attachments: #1 Exhibit A - Contract)(Ritchey, Gregory)
June 1, 2023 Opinion or Order Filing 22 Corporate/Conflict Disclosure Statement by The Robins and Morton Corporation re #19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Stewart, Charles)
May 24, 2023 Opinion or Order Filing 21 ORDER: Upon consideration of the Motion to Compel Arbitration and to Stay (Doc. #16 ) filed by The Robins & Morton Group it is ORDERED that any party opposing the motion must file a response by June 7, 2023, and show cause why it should not be granted. The Robins & Morton Group may file a reply by June 14, 2023. Counsel for the parties are DIRECTED to complete the appropriate attached form and send it to the Clerk of the Court by June 14, 2023. Neither the consent form nor the request for reassignment form should be filed electronically. The Clerk is DIRECTED to correct the docket to reflect that the Defendant's correct name is The Robins & Morton Group. Signed by Magistrate Judge Kelly F. Pate on 5/24/2023. (cwl, )
May 24, 2023 Opinion or Order Filing 20 Adoption and JOINDER re #16 MOTION to Compel Arbitration and MOTION to Stay Action Pending Arbitration, and Memorandum Brief in Support by Zurich American Insurance Company. (Holtsford, Alex) Modified on 5/24/2023 to clean up text (cwl, ).
May 24, 2023 Opinion or Order Filing 19 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Robins and Morton Corporation. Corporate Disclosures due by 6/5/2023. (Attachments: #1 Conflict Statement Standing Order and Sample Format)(cwl, )
May 24, 2023 Opinion or Order Filing 18 NOTICE of Assignment to Magistrate Judge sent to counsel for (DEF) Robins and Morton Corporation (cwl, )
May 23, 2023 Opinion or Order ***PURSUANT TO THE #16 MOTION - Attorney John Christopher Selman for Robins and Morton Corporation added. (no pdf attached) (cwl, )
May 23, 2023 Opinion or Order MEMORANDUM in Support re #16 MOTION to Compel Arbitration and MOTION to Stay Action Pending Arbitration filed by Robins and Morton Corporation. (no pdf attached - see doc #16 for pdf) (cwl, )
May 23, 2023 Opinion or Order Filing 17 ANSWER to #1 Complaint,, Affirmative Defenses and, COUNTERCLAIM against United States of America for the use and benefit of EWS Texas, Inc. by Robins and Morton Corporation. (Attachments: #1 Exhibit 1 - Subcontract)(Stewart, Charles)
May 23, 2023 Opinion or Order Filing 16 MOTION to Compel Arbitration and MOTION to Stay Action Pending Arbitration, and Memorandum Brief in Support by Robins and Morton Corporation. (Attachments: #1 Exhibit 1 - Declaration of Ben Leaver, #2 Exhibit 2 - Declaration of Robert White)(Stewart, Charles). Added MOTION to Compel on 5/24/2023 (cwl, ).
May 23, 2023 Opinion or Order Filing 15 Corporate/Conflict Disclosure Statement by Zurich American Insurance Company re #14 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Holtsford, Alex)
May 19, 2023 Opinion or Order Filing 14 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Zurich American Insurance Company. Corporate Disclosures due by 5/30/2023. (Attachments: #1 Conflict Statement Standing Order and Sample Format)(cwl, )
May 19, 2023 Opinion or Order Filing 13 NOTICE of Assignment to Magistrate Judge sent to counsel for (DEF) Zurich American Insurance Company (cwl, )
May 19, 2023 Opinion or Order Filing 12 Defendant's ANSWER to #1 Complaint,, by Zurich American Insurance Company.(Holtsford, Alex)
May 11, 2023 Opinion or Order Filing 11 ORDER: it is ORDERED that the Motions for Admission Pro Hac Vice (Docs. #7 , #10 ), are GRANTED and that these attorneys are admitted pro hac vice as counsel for Plaintiff. Signed by Magistrate Judge Kelly F. Pate on 5/11/2023. (cwl, )
May 11, 2023 Opinion or Order Filing 10 Motion for Kelly M. Massad to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3432624.) by United States of America for the use and benefit of EWS Texas, Inc.. (Ritchey, Gregory) Modified on 5/11/2023 to clarify text and to add that the USDC COGS is attached to the main PDF (cwl, ).
May 8, 2023 Opinion or Order Filing 9 Return Receipt Card showing service of Summons & #1 Complaint, signed by Kelly Webster for Zurich American Insurance Company, served on 5/3/2023, answer due 5/24/2023 (Ritchey, Gregory) Modified on 5/8/2023 to include the documents served, party served, date served, and answer due date (amf, ).
May 8, 2023 Opinion or Order Filing 8 Return Receipt Card showing service of Summons & #1 Complaint, signed by Haleigh Ferguson for Robins and Morton Corporation, served on 5/3/2023, answer due 5/24/2023. (Ritchey, Gregory) Modified on 5/8/2023 to include the documents served and correct the party served (amf, ).
May 8, 2023 Opinion or Order Set Deadlines: Zurich American Insurance Company answer due 5/24/2023. (No PDF attached to this entry) (amf, )
May 1, 2023 Opinion or Order Filing 7 Motion for C. John Scheef to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3426424.) by United States of America for the use and benefit of EWS Texas, Inc.. (Attachments: #1 Supplement Certificate of Good Standing)(Ritchey, Gregory) Modified on 5/1/2023 to add atty's name to text (cwl, ). (Additional attachment(s) added on 5/3/2023: #2 USDC Certificate of Good Standing) (cwl, ).
May 1, 2023 Opinion or Order Filing 6 Corporate/Conflict Disclosure Statement by United States of America for the use and benefit of EWS Texas, Inc.. (Ritchey, Gregory)
May 1, 2023 Opinion or Order Filing 5 Summons Issued as to Robins and Morton Corporation, Zurich American Insurance Company. NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (cwl, )
May 1, 2023 Opinion or Order Filing 4 NOTICE of Assignment to Magistrate Judge sent to counsel for (PLF) United States of America for the use and benefit of EWS Texas, Inc. (cwl, )
May 1, 2023 Opinion or Order Filing 3 Case Assigned to Magistrate Judge Kelly F. Pate. (cwl, )
May 1, 2023 Opinion or Order Filing 2 Proposed Summons (Ritchey, Gregory)
May 1, 2023 Opinion or Order Filing 1 COMPLAINT with JURY DEMAND against Robins and Morton Corporation, Zurich American Insurance Company ( Filing fee $ 402 receipt number AALMDC-3425857.), filed by United States of America for the use and benefit of EWS Texas, Inc. 90 day Rule 4m deadline set for 7/31/2023. (Attachments: #1 Exhibit A - Subcontract)(Ritchey, Gregory) Modified on 5/1/2023 to clean up text (cwl, ). (Additional attachment(s) added on 5/1/2023: #2 Civil Cover Sheet) (cwl, ). (Main Document 1 replaced on 5/1/2023 to correct division in style of the case) (cwl, ).

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Counter defendant: United States of America for the use and benefit of EWS Texas, Inc.
Represented By: Kelly M. Massad
Represented By: C. John Scheef
Represented By: Gregory Scotch Ritchey
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Defendant: Robins and Morton Corporation doing business as Robins and Morton Group
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Defendant: Zurich American Insurance Company
Represented By: Alex Lafayette Holtsford, Jr.
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Defendant: The Robins and Morton Corporation doing business as Robins and Morton Group
Represented By: John Christopher Selman
Represented By: Charles Andrew Stewart, III
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Counter claimant: The Robins and Morton Corporation
Represented By: John Christopher Selman
Represented By: Charles Andrew Stewart, III
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