United States of America for the Use of Asphalt Surfacing, Inc. v. Ahtna Design-Build, Inc. et al
Plaintiff: United States of America for the Use of Asphalt Surfacing, Inc.
Defendant: Ahtna Design-Build, Inc. and Great American Insurance Group
Case Number: 3:2022cv00219
Filed: October 13, 2022
Court: US District Court for the District of Alaska
Presiding Judge: H Russel Holland
Referring Judge: Joshua M Kindred
Nature of Suit: Miller Act
Cause of Action: 40 U.S.C. § 270 Miller Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 28, 2022 Opinion or Order Filing 40 ORDER granting #38 Joint Stipulation to Consolidate Cases. All future filings shall be filed under 3:21-cv-00228-JMK. Signed by Judge Joshua M. Kindred on 11/28/2022. (JDS, COURT STAFF)
November 21, 2022 Filing 39 NOTICE of Appearance by Adam W. Cook on behalf of Ahtna Design-Build, Inc., Great American Insurance Group (Cook, Adam)
November 21, 2022 Filing 38 Joint STIPULATION to Consolidate per Fed. R. Civ. P. 42(a) and Modify Scheduling Order by United States of America for the Use of Asphalt Surfacing, Inc.. (Attachments: #1 Use Plaintiff ASI's Expert Witness Disclosure)(Davis, Michael)
November 9, 2022 Filing 37 CLERK'S NOTICE re #35 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Michael J. Davis, at docket #35 , is authorized under L.Civ.R. 83.1(d). (JDS, COURT STAFF)
November 9, 2022 Filing 36 NOTICE of Related Case by United States of America for the Use of Asphalt Surfacing, Inc. (Davis, Michael)
November 9, 2022 Filing 35 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Michael J. Davis. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3341633.) by United States of America for the Use of Asphalt Surfacing, Inc..(Davis, Michael)
October 17, 2022 Filing 34 JUDGE HOLLAND TEXT ORDER: By agreement of the Judges, this case is hereby reassigned to the Honorable Joshua M. Kindred for all further proceedings. Please use the following case number on all future filings: 3:22-cv-00219-JMK. (JLH, COURT STAFF)
October 13, 2022 Filing 33 Case transferred in from District of California Northern; Case Number 5:21-cv-08572. Original file certified copy of transfer order and docket sheet received.
October 6, 2022 Opinion or Order Filing 32 ORDER granting #31 Stipulation to Transfer Venue. Signed by Judge Susan van Keulen on 10/6/2022. (svklc1, COURT STAFF) (Filed on 10/6/2022) [Transferred from California Northern on 10/13/2022.]
October 4, 2022 Filing 31 Joint Brief and Stipulation to Transfer Venue filed by United States of America for the Use of Asphalt Surfacing, Inc., Ahtna Design-Build, Inc. and Great American Insurance Group. (Davis, Michael) (Filed on 10/4/2022) Modified on 10/5/2022 (anj, COURT STAFF). [Transferred from California Northern on 10/13/2022.]
September 13, 2022 Opinion or Order Filing 30 ORDER: In light of #29 Status Report, by 10/4/2022 the Parties are to file either (1) a dismissal or (2) a joint brief, not to exceed 10 pages, addressing whether the case should be dismissed or the stay should remain in place. Signed by Judge Susan van Keulen on 9/13/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (svklc1, COURT STAFF) (Filed on 9/13/2022) [Transferred from California Northern on 10/13/2022.]
September 12, 2022 Filing 29 Further Joint Status Report by Ahtna Design-Build, Inc., Great American Insurance Group and United States of America for the Use of Asphalt Surfacing. (Attachments: #1 Exhibit Attachment 1)(Cheng, Michael) (Filed on 9/12/2022) Modified on 9/13/2022 (anj, COURT STAFF). [Transferred from California Northern on 10/13/2022.]
August 15, 2022 Opinion or Order Filing 28 STATUS REPORT ORDER. Signed by Judge Susan van Keulen on 8/15/2022. (svklc1, COURT STAFF) (Filed on 8/15/2022) [Transferred from California Northern on 10/13/2022.]
August 10, 2022 Filing 27 JOINT STATUS REPORT by United States of America for the Use of Asphalt Surfacing, Inc., Ahtna Design-Build, Inc., Great American Insurance Group. (Attachments: #1 Exhibit Attachment 1)(Davis, Michael) (Filed on 8/10/2022) Modified on 8/11/2022 (cjl, COURT STAFF). [Transferred from California Northern on 10/13/2022.]
July 26, 2022 Opinion or Order Filing 26 STATUS REPORT ORDER. Signed by Judge Susan van Keulen on 7/26/2022. (svklc1, COURT STAFF) (Filed on 7/26/2022) [Transferred from California Northern on 10/13/2022.]
July 25, 2022 Filing 25 JOINT STATUS REPORT by United States of America for the Use of Asphalt Surfacing, Inc., Ahtna Design-Build, Inc. and Great American Insurance Group. (Davis, Michael) (Filed on 7/25/2022) Modified on 7/26/2022 (jml, COURT STAFF). [Transferred from California Northern on 10/13/2022.]
January 26, 2022 Opinion or Order Filing 24 ORDER ON #17 DEFENDANT's MOTION TO DISMISS, TRANSFER, OR STAY. Joint Status Report due by 7/26/2022. Signed by Judge Susan van Keulen on 1/26/2022.(svklc1, COURT STAFF) (Filed on 1/26/2022) [Transferred from California Northern on 10/13/2022.]
January 18, 2022 Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Davis, Michael) (Filed on 1/18/2022) [Transferred from California Northern on 10/13/2022.]
January 6, 2022 Filing 22 CLERK'S NOTICE CONTINUING THE 2/1/22 INITIAL CASE MANAGEMENT CONFERENCE TO 2/8/22. Initial Case Management Conference set for 2/8/2022 09:30 AM in San Jose, - Videoconference Only. This proceeding will be held via a Zoom webinar.Case Management Statement due by 2/1/2022.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/svk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There i s no document associated with this entry.)(jhf, COURT STAFF) (Filed on 1/6/2022) [Transferred from California Northern on 10/13/2022.]
December 14, 2021 Filing 21 REPLY (re #17 Notice of Motion, Motion, and Memorandum in Support of Defendants Motion to Dismiss, Transfer, or Stay ) filed byAhtna Design-Build, Inc., Great American Insurance Group. (Cheng, Michael) (Filed on 12/14/2021) [Transferred from California Northern on 10/13/2022.]
December 7, 2021 Filing 20 Opposition of Use Plaintiff Asphalt Surfacing, Inc. to Defendants' Motion to Dismiss, Transfer, or Stay (re #17 Notice of Motion, Motion, and Memorandum in Support of Defendants Motion to Dismiss, Transfer, or Stay ) filed by United States of America for the Use of Asphalt Surfacing, Inc.. (Davis, Michael) (Filed on 12/7/2021) Modified on 12/8/2021 (bns, COURT STAFF). [Transferred from California Northern on 10/13/2022.]
November 30, 2021 Filing 19 Defendants' Corporate Disclosure Statement by Ahtna Design-Build, Inc., Great American Insurance Group. (Cheng, Michael) (Filed on 11/30/2021) Modified on 12/1/2021 (bns, COURT STAFF). [Transferred from California Northern on 10/13/2022.]
November 29, 2021 Filing 18 CLERK'S NOTICE VACATING THE 12/28/21 10:00AM MOTION TO DISMISS, TRANSFER OR STAY #17 HEARING.The Court will reschedule this hearing if necessary. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 11/29/2021) [Transferred from California Northern on 10/13/2022.]
November 23, 2021 Filing 17 Notice of Motion, Motion, and Memorandum in Support of Defendants Motion to Dismiss, Transfer, or Stay filed by Ahtna Design-Build, Inc., Great American Insurance Group. Motion Hearing set for 12/28/2021 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 12/7/2021. Replies due by 12/14/2021. (Attachments: #1 Declaration of Adam W. Cook, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Cheng, Michael) (Filed on 11/23/2021) Modified on 11/24/2021 (bns, COURT STAFF). [Transferred from California Northern on 10/13/2022.]
November 23, 2021 Filing 16 Defendant's Notice of Pendency of Other Actions or Proceedings by Ahtna Design-Build, Inc., Great American Insurance Group (Cheng, Michael) (Filed on 11/23/2021) Modified on 11/24/2021 (bns, COURT STAFF). [Transferred from California Northern on 10/13/2022.]
November 23, 2021 Filing 15 Certificate of Interested Entities by Ahtna Design-Build, Inc., Great American Insurance Group identifying Other Affiliate Ahtna Netiye, LLC, Other Affiliate Ahtna, Inc., an Alaska corporation for Ahtna Design-Build, Inc., Great American Insurance Group. (Cheng, Michael) (Filed on 11/23/2021) [Transferred from California Northern on 10/13/2022.]
November 23, 2021 Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ahtna Design-Build, Inc., Great American Insurance Group.. (Cheng, Michael) (Filed on 11/23/2021) [Transferred from California Northern on 10/13/2022.]
November 23, 2021 Filing 13 NOTICE of Appearance by Michael Jin-Kon Cheng (Cheng, Michael) (Filed on 11/23/2021) [Transferred from California Northern on 10/13/2022.]
November 23, 2021 Filing 12 CERTIFICATE OF SERVICE by United States of America for the Use of Asphalt Surfacing, Inc. Proof of Service of Summons (Davis, Michael) (Filed on 11/23/2021) [Transferred from California Northern on 10/13/2022.]
November 23, 2021 Filing 11 Rule 7.1 Corporate Disclosure Statement for Use Plaintiff Asphalt Surfacing, Inc. by United States of America for the Use of Asphalt Surfacing, Inc. (Davis, Michael) (Filed on 11/23/2021) Modified on 11/24/2021 (bns, COURT STAFF). [Transferred from California Northern on 10/13/2022.]
November 17, 2021 Filing 10 CERTIFICATE OF SERVICE by United States of America for the Use of Asphalt Surfacing, Inc. Proof of Service of Summons (Davis, Michael) (Filed on 11/17/2021) [Transferred from California Northern on 10/13/2022.]
November 17, 2021 Filing 9 CERTIFICATE OF SERVICE by United States of America for the Use of Asphalt Surfacing, Inc. Proof of Service of Summons (Davis, Michael) (Filed on 11/17/2021) [Transferred from California Northern on 10/13/2022.]
November 17, 2021 Filing 8 CERTIFICATE OF SERVICE by United States of America for the Use of Asphalt Surfacing, Inc. Proof of Service of Summons (Davis, Michael) (Filed on 11/17/2021) [Transferred from California Northern on 10/13/2022.]
November 16, 2021 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States of America for the Use of Asphalt Surfacing, Inc... (Davis, Michael) (Filed on 11/16/2021) [Transferred from California Northern on 10/13/2022.]
November 4, 2021 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/25/2022. Initial Case Management Conference set for 2/1/2022 09:30 PM. (bns, COURT STAFF) (Filed on 11/4/2021) [Transferred from California Northern on 10/13/2022.]
November 4, 2021 Filing 5 Summons Issued as to Ahtna Design-Build, Inc., Great American Insurance Group. (bns, COURT STAFF) (Filed on 11/4/2021) [Transferred from California Northern on 10/13/2022.]
November 4, 2021 Filing 4 Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/18/2021. (anj, COURT STAFF) (Filed on 11/4/2021) [Transferred from California Northern on 10/13/2022.]
November 3, 2021 Filing 3 Certificate of Interested Entities by United States of America for the Use of Asphalt Surfacing, Inc. identifying Other Affiliate Graham Contractors, Inc., a California corporation, Other Affiliate Sierra Traffic Markings, Inc., a California corporation for United States of America for the Use of Asphalt Surfacing, Inc.. Certification of Interested Entities or Persons (Davis, Michael) (Filed on 11/3/2021) [Transferred from California Northern on 10/13/2022.]
November 3, 2021 Filing 2 Proposed Summons. (Davis, Michael) (Filed on 11/3/2021) [Transferred from California Northern on 10/13/2022.]
November 3, 2021 Filing 1 Complaint (Breach of Contract; Recovery on Miller Act Bond) and Demand for Jury Trial against Ahtna Design-Build, Inc., Great American Insurance Group ( Filing fee $ 402, receipt number ACANDC-16589236.) filed by United States of America for the Use of Asphalt Surfacing, Inc.. (Attachments: #1 Civil Cover Sheet)(Davis, Michael) (Filed on 11/3/2021) Modified on 11/4/2021 (bns, COURT STAFF). [Transferred from California Northern on 10/13/2022.]

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Plaintiff: United States of America for the Use of Asphalt Surfacing, Inc.
Represented By: Anthony Paul Niccoli
Represented By: Michael J. Davis
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Defendant: Ahtna Design-Build, Inc.
Represented By: Michael Jin-Kon Cheng
Represented By: Adam W. Cook
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Defendant: Great American Insurance Group
Represented By: Michael Jin-Kon Cheng
Represented By: Adam W. Cook
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