Water Works and Sewer Board of the City of Guntersville, The v. Glass Steel Inc et al
| Water Works and Sewer Board of the City of Guntersville, The |
| Glass Steel Inc and PF Moon and Company Inc |
| 4:2021cv01472 |
| November 3, 2021 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.
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Filing 39
TEXT ORDER setting briefing schedule re #33 MOTION for Summary Judgment by PF Moon and Company Inc. - Plaintiff's response to the motion is due on or before February 14, 2023. A reply, if any, is due on or before February 28, 2023. All submissions should comply with "Appendix II" attached to the Initial Order. Signed by Judge Annemarie Carney Axon on 1/24/23. (SAC)
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Filing 38
TEXT ORDER setting briefing schedule re #32 MOTION for Summary Judgment by Glass Steel Inc. - Plaintiff's response to the motion is due on or before February 14, 2023. A reply, if any, is due on or before February 28, 2023. All submissions should comply with "Appendix II" attached to the Initial Order. Signed by Judge Annemarie Carney Axon on 1/24/23. (SAC)
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Filing 37
Brief in Support Of Motion for Summary Judgment filed by PF Moon and Company Inc. (Duncan, Joseph)
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Filing 36
Brief re #32 MOTION for Summary Judgment . (Langston, David)
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Filing 35
Evidentiary Material re: #32 MOTION for Summary Judgment . (Attachments: #1 Exhibit Exhibit A - Deposition Transcript of Pat Lindsay, #2 Exhibit Exhibit B - Contract between Glass Steel, Inc. and P.F. Moon and Company, Inc., #3 Exhibit Exhibit C - Brochure of Glass Steel, Inc., #4 Exhibit Exhibit D-1 - Deposition Transcript of Mark Smith (1 of 10), #5 Exhibit Exhibit D-2 - Deposition Transcript of Mark Smith (2 of 10), #6 Exhibit Exhibit D-3 - Deposition Transcript of Mark Smith (3 of 10), #7 Exhibit Exhibit D-4 - Deposition Transcript of Mark Smith (4 of 10), #8 Exhibit Exhibit D-5 - Deposition Transcript of Mark Smith (5 of 10), #9 Exhibit Exhibit D-6 - Deposition Transcript of Mark Smith (6 of 10), #10 Exhibit Exhibit D-7 - Deposition Transcript of Mark Smith (7 of 10), #11 Exhibit Exhibit D-8 - Deposition Transcript of Mark Smith (8 of 10), #12 Exhibit Exhibit D-9 - Deposition Transcript of Mark Smith (9 of 10), #13 Exhibit Exhibit D-10 - Deposition Transcript of Mark Smith (10 of 10), #14 Exhibit Exhibit E - Plaintiff's Responses to Moon's Interrogatories and Requests for Production, #15 Exhibit Exhibit D - Expert Report Letter of Dr. Su Su Wang)(Langston, David)
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Filing 34
Evidentiary Material re: #33 MOTION for Summary Judgment . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Duncan, Joseph)
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Filing 33
MOTION for Summary Judgment by PF Moon and Company Inc. (Duncan, Joseph)
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Filing 32
MOTION for Summary Judgment by Glass Steel Inc. (Langston, David)
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Filing 31
TEXT ORDER Granting Defendant PF Moon and Company, Inc.'s #30 motion to withdraw its subpoena to non-party J. Cumby Construction ("JCC"). Accordingly, the court FINDS AS MOOT JCC's #25 motion to quash the subpoena. Signed by Judge Annemarie Carney Axon on 12/12/2022. (KSS)
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Filing 30
MOTION to Withdraw Subpoena by PF Moon and Company Inc. (Duncan, Joseph)
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Filing 29
TEXT ORDER. The court ORDERS Defendant PF Moon and Company, Inc. to respond, on or before December 9, 2022, to non-party J. Cumby Construction, Inc.'s (JCC) #25 motion to quash the subpoena. PF Moon's response should address only JCC's arguments that the subpoena fails to comply with the geographical limits of Federal Rule of Civil Procedure 45(c) and that it imposes an undue burden on JCC; the court does not need to hear any arguments about the reasonableness of the time to comply. In addition, the court STAYS compliance with the subpoena until the court issues a ruling on the motion to quash. Signed by Judge Annemarie Carney Axon on 12/2/2022. (KAM)
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Filing 28
TEXT ORDER granting Defendant PF Moon and Company, Inc.s #27 motion to withdraw its #23 motion to strike. Signed by Judge Annemarie Carney Axon on 12/2/2022. (KAM)
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Filing 27
MOTION to Withdraw Motion to Strike by PF Moon and Company Inc. (Duncan, Joseph)
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Filing 26
Non-Party BRIEF in Support of #25 Motion to Quash Subpoena by J. Cumby Construction, Inc. (Shepherd, Charles)
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Filing 25
Non-Party MOTION to Quash P.F. Moon and Company, Inc.'s Subpoena by J. Cumby Construction, Inc.. (Attachments: #1 Exhibit Subpoena, #2 Exhibit Affidavit, #3 Exhibit Substantial Completion)(Shepherd, Charles)
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Filing 24
NOTICE Of Service of Expert Report by Water Works and Sewer Board of the City of Guntersville, The (McLaughlin, Jeffrey)
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Filing 23
WITHDRAWN MOTION to Strike Plaintiff's Expert Disclosure by PF Moon and Company Inc. (Attachments: #1 Exhibit A)(Duncan, Joseph) See order 28 Modified on 12/2/2022 (KAM).
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Filing 22
TEXT ORDER. Based on the discussion held at the status conference on October 20, 2022, the court FINDS AS MOOT Defendant PF Moon and Company, Inc.'s #20 motion for leave to amend the scheduling order. The court SETS the Bench Trial in this case to start on August 21, 2023, in Birmingham, Alabama. Signed by Judge Annemarie Carney Axon on 10/20/22. (SAC)
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Minute Entry for proceedings held before Judge Annemarie Carney Axon: In Chambers Conference held on 10/20/2022. Present: Jeffrey McLaughlin, David Langston, and Joseph Duncan, Jr. Discussed case progress, deadlines, and issues occurring with discovery. Written order to follow. (SAC)
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Filing 21
TEXT ORDER - The court sets an In Chambers Conference for October 20, 2022, 9:30 AM, 6B Chambers, Hugo L Black US Courthouse, Birmingham, AL before Judge Annemarie Carney Axon. Signed by Judge Annemarie Carney Axon on 10/12/22. (SAC)
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Filing 20
MOTION to Amend/Correct Scheduling Order by PF Moon and Company Inc. (Duncan, Joseph)
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Filing 19
NOTICE by Water Works and Sewer Board of the City of Guntersville, The (McLaughlin, Jeffrey)
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Filing 18
ORDER: The court GRANTS PF Moon's motion to compel as unopposed and ORDERS the Board to serve its responses to the interrogatories and requests for production on or before October 11, 2022. The court DIRECTS the parties to file a notice of compliance within two business days of service of the discovery responses. Given the Board's failure to comply with the court's briefing order, the court CAUTIONS the Board that failure to comply with this discovery order may carry consequences under Federal Rules of Civil Procedure 37(b) or 41(b). Signed by Judge Annemarie Carney Axon on 10/3/2022. (LMW)
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Filing 17
TEXT ORDER. The court ORDERS Plaintiff Water Works and Sewer Board of the City of Guntersville to respond, in writing, to Defendant PF Moon and Company, Inc.'s #16 motion to compel, on or before September 23, 2022. Signed by Judge Annemarie Carney Axon on 9/21/2022. (LMW)
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Filing 16
MOTION to Compel by PF Moon and Company Inc. (Attachments: #1 Exhibit A-D)(Duncan, Joseph)
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Filing 15
ORDER As part of the parties' joint status report, the parties move to extend the deadlines for Defendants' expert disclosure and the close of discovery; the court GRANTS the motion. Defendants' deadline for expert disclosures is now October 10, 2022. The deadline to complete discovery is now November 10, 2022. Signed by Judge Annemarie Carney Axon on 8/30/2022. (KAM)
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Filing 14
STATUS REPORT by PF Moon and Company Inc. filed by PF Moon and Company Inc (Duncan, Joseph)
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Filing 13
TEXT ORDER finding as moot the #12 motion to substitute attorney in light of the court's 11 previous ruling. Signed by Judge Annemarie Carney Axon on 5/11/2022. (RLW)
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Filing 12
MOTION to Substitute Attorney Motion for Substitution of Counsel by PF Moon and Company Inc. (Mastin, John)
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Filing 11
TEXT ORDER granting attorneys Charles Winfred Surasky and John M. Mastin, Jr.'s #10 motion for substitution of counsel. Charles Winfred Surasky and John M. Mastin, Jr. terminated. Joseph R. Duncan, Jr., of Clark, May, Price, Lawley, Duncan & Paul, LLC, will represent Defendant PF Moon and Company, Inc. Signed by Judge Annemarie Carney Axon on 4/25/2022. (KEK)
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Filing 10
MOTION to Substitute Attorney Motion for Substitution of Counsel by PF Moon and Company Inc. (Mastin, John)
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Filing 9
SCHEDULING ORDER governing further proceedings in this action unless modified for good cause shown: Discovery due by 9/26/2022; Dispositive Motions due by 12/5/2022; Joint Status Report due by 8/26/2022. The parties shall be ready for trial in July 2023, to be scheduled by separate order. Signed by Judge Annemarie Carney Axon on 1/5/22. (SAC)
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Filing 8
REPORT of Rule 26(f) Planning Meeting. (Langston, David)
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Filing 7
TEXT ORDER - The parties are reminded of their obligations under Federal Rule of Civil Procedure 26(f). The parties shall confer as soon as practicable and file a Rule 26(f) report on or before December 30, 2021. Signed by Judge Annemarie Carney Axon on 12/20/21. (SAC)
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Filing 6
Corporate Disclosure Statement by Glass Steel Inc. filed by Glass Steel Inc (Langston, David)
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Filing 5
ANSWER to Complaint by Glass Steel Inc.(Langston, David)
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Filing 4
ANSWER to Complaint by PF Moon and Company Inc.(Surasky, Charles)
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Filing 3
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge Annemarie Carney Axon on 11/4/21. (SAC)
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Filing Fee: Filing fee $ 402, receipt_number 1126-3956624. related document #1 NOTICE OF REMOVAL by PF Moon and Company Inc from Circuit Court of Marshall County, Alabama, case number 50-cv-2021-900264. (Attachments: # 1 Exhibit 1 - State court complaint, # 2 Exhibit B - Glass Steel consent to removal, # 3 Exhibit C - Affidavit of Pat E Lindsay)(KEK). (Mastin, John)
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Filing 2
CORPORATE DISCLOSURE STATEMENT by PF Moon and Company Inc. (KEK)
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Filing 1
NOTICE OF REMOVAL by PF Moon and Company Inc from Circuit Court of Marshall County, Alabama, case number 50-cv-2021-900264. (Attachments: #1 Exhibit 1 - State court complaint, #2 Exhibit B - Glass Steel consent to removal, #3 Exhibit C - Affidavit of Pat E Lindsay)(KEK)
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