M&P Venture Partners LLC v. MACO Construction Services Incorporated et al
| M&P Venture Partners LLC |
| MACO Construction Services Incorportaed, Western Surety Company and MACO Construction Services Incorporated |
| 2:2019cv05270 |
| September 26, 2019 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Contract: Miller Act |
| 40 U.S.C. § 270 |
| None |
Docket Report
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| Filing 43 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MAP) |
| Filing 42 NOTICE Re Transfer of 2:17-cv-2610-RFB (GWF) from the District of Nevada to the District of Arizona. New Case Number: CV-19-5270-PHX-MTL. (MAP) |
| Filing 41 CASE TRANSFERRED IN from District of Nevada; Case Number 2:17-cv-02610 . Original file certified copy of transfer order and docket sheet received |
Filing 40
ORDER. IT IS ORDERED that #33 Defendants' Motion to Transfer Venue is GRANTED.The Court orders that this case be transferred in its entirety to the United States District Court for the District of Arizona. The Clerk of the Court is directed to transfer this action to that court forthwith. Signed by Judge Richard F. Boulware, II on 9/25/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from nvd on 9/26/2019.]
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| Filing 39 CLERK'S NOTICE that due to the retirement of U.S. Magistrate Judge George Foley, Jr., this case is reassigned to U.S. Magistrate Judge Elayna J. Youchah for all further proceedings. All further documents must bear the correct case number 2:17-cv-02610-RFB-EJY. (no image attached) (JM) [Transferred from nvd on 9/26/2019.] |
| Filing 38 RESPONSE to 32 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Motion Hearing, by Defendants MACO Construction Services, Inc., Western Surety Company. (Smiley, David) [Transferred from nvd on 9/26/2019.] |
| Filing 37 REPLY to Response to #33 Motion to Change Venue by Defendants MACO Construction Services, Inc., Western Surety Company. (Smiley, David) [Transferred from nvd on 9/26/2019.] |
| Filing 36 RESPONSE to #33 Motion to Change Venue by Plaintiff M&P Venture Partners L.L.C.. Replies due by 10/15/2018. (Went, Joseph) [Transferred from nvd on 9/26/2019.] |
| Filing 35 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 10/1/2018. IT ORDERED that the Response to #33 MOTION to Change, Or, in the Alternative, Motion to Dismiss for Non Conveniens, is due by 10/08/2018; Replies due by 10/15/2018. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) Corrected text in bold on 10/1/2018 (BEL). [Transferred from nvd on 9/26/2019.] |
| Filing 34 MEMORANDUM to #33 Motion to Change Venue by Defendants MACO Construction Services, Inc., Western Surety Company. (Attachments: #1 Exhibit One - Subcontract, #2 Certificate of Service) (Smiley, David) [Transferred from nvd on 9/26/2019.] |
| Filing 33 MOTION to Change Venue. Or, in the Alternative, Motion to Dismiss for Non Conveniens Responses due by 10/15/2018. (Smiley, David) [Transferred from nvd on 9/26/2019.] |
| Filing 32 MINUTES OF PROCEEDINGS - Motion Hearing held on 9/19/2018 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Sydney Gambee, Esq.; Def Counsel: David Smiley, Esq.; Court Reporter: Patty Ganci\; Time of Hearing: 3:03 PM - 3:47 PM; Courtroom: 7C. The Court makes preliminary statements and hears representations of counsel regarding the #12 Motion to Dismiss #1 Complaint and #23 Motion for Summary Judgment. For the reasons stated on the record at the hearing,IT IS ORDERED that Defendant MACO Construction Services, Inc's #12 Motion to Dismiss is DENIED without prejudice. The Court will permit Defendant to file a motion for forum non conveniens to be considered on an expedited basis. IT IS FURTHER ORDERED that Defendant Western Surety Company's #23 Motion for Summary Judgment (ECF No. 23) is DENIED.Counsel is directed to notify the courtroom deputy with respect to scheduling an expedited bench trial, (bench trial 1/2 day) should they deem that appropriate or submit joint proposed motion addressing a potential resolution due by 30 days.The Transcript of the hearing shall serve as the written Opinion and Order of the Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) Corrected date minutes on 9/24/2018 (BEL). [Transferred from nvd on 9/26/2019.] |
| Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 9/10/2018. Due to a conflict with the Court's calendar, IT IS ORDERED that the hearing set for September 14, 2018 is vacated and RESET to September 19, 2018 at 3:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. The hearing will address: #12 MOTION to Dismiss #1 Complaint, and #23 MOTION for Summary Judgment. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)[Transferred from nvd on 9/26/2019.] |
| Filing 30 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 8/3/2018. IT IS ORDERED that a hearing is set for September 14, 2018 at 3:30 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. The hearing will address:12] MOTION to Dismiss #1 Complaint, and #23 MOTION for Summary Judgment. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) [Transferred from nvd on 9/26/2019.] |
| Filing 29 Interim STATUS REPORT No. 2 by Defendants MACO Construction Services, Inc., Western Surety Company. (Smiley, David) [Transferred from nvd on 9/26/2019.] |
| Filing 28 ERRATA to #26 Reply by Defendant Western Surety Company. (Smiley, David) [Transferred from nvd on 9/26/2019.] |
| Filing 27 NOTICE of Corrected Image/Document re #26 Reply by Defendant Western Surety Company. (Service of corrected image is attached.) (Smiley, David) [Transferred from nvd on 9/26/2019.] |
| Filing 26 REPLY to Response to #23 Motion for Summary Judgment, by Defendant Western Surety Company. (Smiley, David) Corrected image #27 attached on 5/29/2018 (DKJ). [Transferred from nvd on 9/26/2019.] |
| Filing 25 RESPONSE to #23 Motion for Summary Judgment, by Plaintiff M&P Venture Partners L.L.C.. Replies due by 5/25/2018. (Went, Joseph) [Transferred from nvd on 9/26/2019.] |
| Filing 24 NOTICE of Corrected Image/Document re #23 Motion for Summary Judgment, by Defendant Western Surety Company. (Service of corrected image is attached.) (Smiley, David) [Transferred from nvd on 9/26/2019.] |
| Filing 23 MOTION for Summary Judgment; filed by Defendant Western Surety Company. Responses due by 5/11/2018. (Attachments: #1 Appendix of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Certificate of Service) (Smiley, David) Corrected image #24 attached on 4/24/2018 (RFJ). [Transferred from nvd on 9/26/2019.] |
| Filing 22 Interim STATUS REPORT by Defendants MACO Construction Services, Inc., Western Surety Company. (Smiley, David) [Transferred from nvd on 9/26/2019.] |
| Filing 21 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take 3 days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (MR) [Transferred from nvd on 9/26/2019.] |
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Filing 20
SCHEDULING ORDER re #19 Proposed Discovery Plan/Scheduling Order. Discovery due by 5/17/2018. Motions due by 6/18/2018. Proposed Joint Pretrial Order due by 7/18/2018. Signed by Magistrate Judge George Foley, Jr on 1/16/2018. (Copies have been distributed pursuant to the NEF - MR) [Transferred from nvd on 9/26/2019.]
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| Filing 19 PROPOSED Discovery Plan/Scheduling Order by Plaintiff M&P Venture Partners L.L.C. (Went, Joseph) [Transferred from nvd on 9/26/2019.] |
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Filing 18
ORDER. IT IS HEREBY ORDERED that the parties shall file a stipulated Discovery Plan and Scheduling Order not later than 1/15/2018 in compliance with the provisions of LR 26-1 of the Rules of Practice of the United States District Court for the District of Nevada. Signed by Magistrate Judge George Foley, Jr on 1/8/2018. (Copies have been distributed pursuant to the NEF - MR) [Transferred from nvd on 9/26/2019.]
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Filing 17
ORDER Granting #16 Motion to Substitute Attorney Attorney. Craig E. Guenther and Martin L. Welsh terminated. Signed by Magistrate Judge George Foley, Jr on 12/26/2017. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from nvd on 9/26/2019.]
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| Filing 16 MOTION to Substitute Attorney David W. Smiley; Loren Young in for Attorney Martin L. Welsh; Craig E. Guenther by Defendants MACO Construction Services, Inc., Western Surety Company. (Smiley, David) [Transferred from nvd on 9/26/2019.] |
| Filing 15 REPLY to Response to #12 Motion to Dismiss,, by Defendant MACO Construction Services, Inc.. (Smiley, David) [Transferred from nvd on 9/26/2019.] |
| Filing 14 RESPONSE to #12 Motion to Dismiss,, by Plaintiff M&P Venture Partners L.L.C.. Replies due by 12/19/2017. (Went, Joseph) [Transferred from nvd on 9/26/2019.] |
| Filing 13 CERTIFICATE of Interested Parties by MACO Construction Services, Inc.. There are no known interested parties other than those participating in the case (Smiley, David) [Transferred from nvd on 9/26/2019.] |
| Filing 12 MOTION to Dismiss #1 Complaint, by Defendant MACO Construction Services, Inc.. Responses due by 12/12/2017. Discovery Plan/Scheduling Order due by 1/12/2018. (Attachments: #1 Declaration of Rick Cohen, #2 Exhibit 1, #3 Exhibit 2) (Smiley, David) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from nvd on 9/26/2019.] |
| Filing 11 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Craig E. Guenther to comply with completion and electronic filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s). Verified Petition due by 1/4/2018. (no image attached) (DKJ) [Transferred from nvd on 9/26/2019.] |
| Filing 10 CERTIFICATE of Interested Parties by Western Surety Company that identifies all parties that have an interest in the outcome of this case. Other Affiliate American Casualty Company of Reading, PA, Other Affiliate CNA Insurance Companies, Other Affiliate Continental Casualty Company, Other Affiliate National Fire Insurance Company Of Hartford, Other Affiliate CNA Surety Companies, Other Affiliate Universal Surety of America, Other Affiliate Surety Bonding Company of America, Other Affiliate Surety Bonding Company of America, Other Affiliate The Continental Insurance Company for Western Surety Company added. (Welsh, Martin) [Transferred from nvd on 9/26/2019.] |
| Filing 9 ANSWER to #1 Complaint, filed by Western Surety Company. Discovery Plan/Scheduling Order due by 1/1/2018.(Welsh, Martin) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from nvd on 9/26/2019.] |
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Filing 8
ORDER Granting #7 Stipulation to Extend Time to Respond to #1 Complaint. MACO Construction Services, Inc. answer due 11/28/2017. Signed by Magistrate Judge George Foley, Jr on 11/16/2017. (Copies have been distributed pursuant to the NEF - MR) [Transferred from nvd on 9/26/2019.]
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| Filing 7 STIPULATION to Extend Time to Respond to #1 Complaint, by Plaintiff M&P Venture Partners L.L.C.. (Went, Joseph) [Transferred from nvd on 9/26/2019.] |
| Filing 6 SUMMONS Returned Executed by M&P Venture Partners L.L.C. re #1 Complaint,. MACO Construction Services, Inc. served on 10/25/2017, answer due 11/15/2017. (Went, Joseph) [Transferred from nvd on 9/26/2019.] |
| Filing 5 SUMMONS Returned Executed by M&P Venture Partners L.L.C. re #1 Complaint,. Western Surety Company served on 10/25/2017, answer due 11/15/2017. (Went, Joseph) [Transferred from nvd on 9/26/2019.] |
| Filing 4 Summons Issued as to All Defendants re #1 Complaint. (MR) [Transferred from nvd on 9/26/2019.] |
| Filing 3 PROPOSED SUMMONS to be issued , filed by Plaintiff M&P Venture Partners L.L.C.. (Attachments: #1 Summons)(Went, Joseph) [Transferred from nvd on 9/26/2019.] |
| Filing 2 CERTIFICATE of Interested Parties filed by M&P Venture Partners L.L.C.. There are no known interested parties other than those participating in the case . (Went, Joseph) [Transferred from nvd on 9/26/2019.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-4803842), filed by M&P Venture Partners L.L.C.. Proof of service due by 1/4/2018. (Attachments: #1 Civil Cover Sheet)(Went, Joseph) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from nvd on 9/26/2019.] |
| Case assigned to Judge Richard F. Boulware, II and Magistrate Judge George Foley, Jr. (JM) [Transferred from nvd on 9/26/2019.] |
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