United States of America for the use and benefit of McClain Contracting, Inc. v. The Gray Insurance Company
| United States of America for the use and benefit of McClain Contracting, Inc. |
| The Gray Insurance Company and Tootle Construction LLC |
| 2:2022cv00034 |
| January 27, 2022 |
| US District Court for the Southern District of Alabama |
| William E Cassady |
| Miller Act |
| 28 U.S.C. § 1352 Miller Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 11, 2022. A more recent docket listing may be available from PACER.
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Filing 35
SCHEDULING ORDER: Pretrial Conference set for 12/5/2023 03:00 PM in US Courthouse, Courtroom 3A, 155 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady. Jury Selection set for 2/5/2024 09:00 AM and Jury Trial set for 2/5/2024 11:00 AM in US Courthouse, 908 Alabama Avenue, Selma, AL 36701 before Magistrate Judge William E. Cassady. Discovery cutoff 9/19/2023. Amended Pleadings due by 11/21/2023. Motions due by 10/27/2023. Position Regarding Settlement due by 9/19/2023. See Order for Other Deadlines. Signed by Magistrate Judge William E. Cassady on 10/11/2022. (Attachments: #1 Standing Pretrial Order) (eec) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. Modified on 10/12/2022 (eec). Modified on 10/12/2022 (eec).
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| Filing 34 REPORT of Rule 26(f) Planning Meeting . (Latham, Joseph) |
| Filing 33 ANSWER to #31 Answer to Amended Complaint,, Counterclaim, by United States of America for the use and benefit of McClain Contracting, Inc.. (Chambliss, Rebecca) |
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Filing 32
PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 9/29/2022. Signed by Magistrate Judge William E. Cassady on 8/16/2022. (eec)
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| Filing 31 ANSWER to #19 Amended Complaint, , COUNTERCLAIM by Tootle Construction against United States of America for the use and benefit of McClain Contracting, Inc. by Tootle Construction LLC, The Gray Insurance Company. (Latham, Joseph) |
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Filing 30
MEMORANDUM OPINION AND ORDER entered. The Court GRANTS the Defendants' Partial Motion to Dismiss First Amended Complaint, (doc. #20 ), and DENIES the Plaintiff's partial motion to transfer. Counts One, Two, Three, Five, Six, Seven, Eight, and Nine of Plaintiff's First Amended Complaint, (doc. #19 ), are hereby DISMISSED WITHOUT PREJUDICE. Only the Miller Act claims against the Defendants in Count Four remain pending before this Court. Signed by Magistrate Judge William E. Cassady on 8/1/2022. (eec)
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Filing 29
Order. After hearing oral arguments on Defendants' partial motion to dismiss the First Amended Complaint (Doc. 20) and considering the briefs submitted by the parties (Docs. 20 & 23-24), it is determined that the Defendants are the prevailing parties on this motion. Defendants shall prepare and submit to the undersigned a proposed order that contains sufficient findings of fact and conclusions of law to support a decision in their favor on the issues resolved by agreement of the parties and the issues resolved by the court during oral argument. This proposed order is to be submitted not later than July 29, 2022. Signed by Magistrate Judge William E. Cassady on 7/19/22. (Cassady, William)
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| Minute Entry for proceedings held before Magistrate Judge William E. Cassady: Motion Hearing held on 7/19/2022 re #20 MOTION to Dismiss First Amended Complaint and Brief in Support Thereof filed by The Gray Insurance Company, Tootle Construction LLC. (Digital Court Recording; Courtroom 3A) (eec) |
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Filing 27
ENDORSED ORDER granting #26 Motion to Continue. Oral argument on the pending partial motion to dismiss is rescheduled for July 19, 2022 at 3:00 p.m. Signed by Magistrate Judge William E. Cassady on 7/7/22. (Cassady, William)
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| Set/Reset Hearings: Motion Hearing RESCHEDULED for 7/19/2022 03:00 PM in US Courthouse, Courtroom 3A, 155 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady. (eec) |
| Filing 26 MOTION to Continue Hearing on Defendants' Partial Motion to Dismiss filed by United States of America for the use and benefit of McClain Contracting, Inc.. (Chambliss, Rebecca) |
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Filing 25
Order re: #20 MOTION to Dismiss First Amended Complaint and Brief in Support Thereof filed by The Gray Insurance Company, Tootle Construction LLC, ( Motion Hearing set for 7/8/2022 02:00 PM in US Courthouse, Courtroom 3A, 155 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady.). Signed by Magistrate Judge P. Bradley Murray on 6/28/2022. (eec)
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| Filing 24 REPLY to Response to Motion #20 to Dismiss filed by The Gray Insurance Company, Tootle Construction LLC. (Sheehan, William) |
| Filing 23 RESPONSE in Opposition re #20 MOTION to Dismiss First Amended Complaint and Brief in Support Thereof filed by United States of America for the use and benefit of McClain Contracting, Inc.. (Chambliss, Rebecca) |
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Filing 22
ENDORSED ORDER taking under advisement #20 Motion to Dismiss. Plaintiff shall file a response not later than June 17, 2022. If Defendants deem a reply to the response necessary, it is to be filed not later than June 24, 2022. The corporate disclosure statement (Doc. 21) is noted. Signed by Magistrate Judge William E. Cassady on 6/2/22. (Cassady, William)
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| Filing 21 Corporate Disclosure Statement filed by Defendants The Gray Insurance Company, Gray & Company, Incorporated, The Gray Casualty & Surety Company identifying Corporate Parent Gray & Company, Incorporated, Other Affiliate The Gray Casualty & Surety Company for The Gray Insurance Company.. (Sheehan, William) |
| Filing 20 MOTION to Dismiss First Amended Complaint and Brief in Support Thereof filed by The Gray Insurance Company, Tootle Construction LLC. (Attachments: #1 Exhibit Declaration of Kourtni Mason with attachments, #2 Exhibit Declaration of Linda Tootle with attachments) (Sheehan, William) |
| Filing 19 AMENDED COMPLAINT against The Gray Insurance Company, Tootle Construction LLC, filed by United States of America for the use and benefit of McClain Contracting, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Chambliss, Rebecca) |
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Filing 18
ENDORSED ORDER denying #5 Motion to Dismiss. This case is proceeding before the undersigned for all purposes pursuant to 28 U.S.C. section 636(c)(Docs. 15 & 16). After conducting a telephone conference with counsel for all parties on March 31, 2022, it is determined that the pending motion to dismiss should be denied without prejudice to being refiled once an amended complaint is served. Accordingly, Plaintiff shall file and serve an amended complaint not later than May 2, 2022. A response to the amended complaint shall be filed and served by the Defendants not later than 30 days after the amended complaint is filed. If defendants find it necessary to file a second motion to dismiss, they may incorporate any relevant portions of the original motion to dismiss and briefs in support thereof. Signed by Magistrate Judge William E. Cassady on 4/1/22. (Cassady, William)
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| Filing 16 The Parties' Consent To The Exercise Of Jurisdiction By A United States Magistrate Judge #15 is NOTED. It is ORDERED that this case be referred and reassigned to the Magistrate Judge to conduct all proceedings, and order the entry of a final judgment in accordance with 28 U.S.C. 636(c), and Fed.R.Civ.P. 73. Signed by U.S. District Judge William H. Steele. (Steele, William) |
| REFERRAL OF #15 Consent to Jurisdiction by US Magistrate Judge to Judge William H. Steele. (eec) |
| Minute Entry for proceedings held before Magistrate Judge William E. Cassady: Motion Hearing via Telephone Conference held on 3/31/2022. DCR Digital Audio Recording. (srd) |
| Filing 15 CONSENT to Jurisdiction by US Magistrate Judge by Tootle Construction LLC, The Gray Insurance Company.. (Sheehan, William) |
| Filing 14 CONSENT to Jurisdiction by US Magistrate Judge by Tootle Construction LLC, The Gray Insurance Company.. (Sheehan, William) |
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Filing 13
Order re: #5 MOTION to Dismiss Complaint and Brief in Support filed by The Gray Insurance Company, Tootle Construction LLC, ( Motion Hearing, by telephone, set for 3/31/2022 03:00 PM before Magistrate Judge William E. Cassady.) To access the conference, the parties shall use the following numbers: CALL IN 571-353-2301 GUEST ID 002111804 ( Consent Form or Request for Reassignment due 3/29/2022.). Signed by Magistrate Judge P. Bradley Murray on 3/17/2022. (Attachments: #1 Consent to the Exercise of Jurisdiction by a United States Magistrate Judge, #2 Request for Reassignment) (eec)
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| Filing 12 REPLY to Response to Motion #5 to Dismiss Complaint filed by The Gray Insurance Company, Tootle Construction LLC. (Latham, Joseph) |
| Filing 11 NOTICE of Appearance by Joseph Randall Latham on behalf of The Gray Insurance Company, Tootle Construction LLC (Latham, Joseph) |
| Filing 10 RESPONSE in Opposition re #5 MOTION to Dismiss Complaint and Brief in Support filed by United States of America for the use and benefit of McClain Contracting, Inc.. (Chambliss, Rebecca) |
| Filing 9 Document endorsed NOTED by Magistrate Judge William E. Cassady: Corporate Disclosure Statement #8 filed by The Gray Insurance Company (Cassady, William) |
| Filing 8 Corporate Disclosure Statement filed by Defendant The Gray Insurance Company. (Sheehan, William) |
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Filing 7
ENDORSED ORDER taking under advisement #5 Motion to Dismiss. Any response to this motion is to be filed not later than March 9, 2022. A reply to the response, if deemed necessary, shall be filed not later than March 16, 2022. The corporate disclosure statement (Doc. 6) is NOTED. Signed by Magistrate Judge William E. Cassady on 2/23/22. (Cassady, William)
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| Filing 6 Corporate Disclosure Statement filed by Defendant Tootle Construction LLC. (Sheehan, William) |
| Filing 5 MOTION to Dismiss Complaint and Brief in Support filed by The Gray Insurance Company, Tootle Construction LLC. (Sheehan, William) |
| Filing 4 Summons Issued as to The Gray Insurance Company, Tootle Construction LLC. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (eec) |
| Filing 3 NOTICE of Filing Proposed Summons by United States of America for the use and benefit of McClain Contracting, Inc. (Chambliss, Rebecca) |
| Filing 2 Notice of Assignment to Magistrate Judge William E. Cassady for trial. (eec) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number AALSDC-2952752, Online Credit Card Payment), filed by United States of America for the use and benefit of McClain Contracting, Inc.. 90 day Rule 4m deadline set for 4/27/2022. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) (Chambliss, Rebecca) |
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