Guarantee Company of North America USA v. Kinkaid Civil Construction LLC et al
Plaintiff: Guarantee Company of North America USA
Defendant: Kinkaid Civil Construction LLC and Tyson K Borum
Counter Claimant: Jeffrie A Borum and Tyson K. Borum And Jeffrie Borum Revocable Trust Dated
Case Number: 2:2022cv00083
Filed: January 14, 2022
Court: US District Court for the District of Arizona
Presiding Judge: G Murray Snow
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 4, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 4, 2022 Opinion or Order Filing 20 ORDER granting #19 Stipulated Motion to Stay. FURTHER ORDERED staying this matter for 180 days. FURTHER ORDERED that Plaintiff/Counterdefendant need not respond to the counterclaim until the stay is lifted and on lifting of the stay, Plaintiff/Counterdefendant will have twenty days to file a responsive pleading. FURTHER ORDERED that the parties will report to the Court within 30 days prior to the expiration of the 180 days, or by 8/5/2022, to advise the Court on their progress. FURTHER ORDERED that the stay will lift after 180 days without further order of the Court. Signed by Chief Judge G Murray Snow on 3/4/2022. (KFZ)
March 4, 2022 Filing 19 Joint MOTION to Stay Action by Jeffrie A Borum, Tyson K Borum, Kinkaid Civil Construction LLC. (Attachments: #1 Proposed Order)(Willits, Barry)
February 15, 2022 Filing 18 Corporate Disclosure Statement by Jeffrie A Borum, Tyson K Borum, Kinkaid Civil Construction LLC, Tyson K. Borum And Jeffrie Borum Revocable Trust Dated 8/4/2005. (Mixon, Nelson)
February 15, 2022 Filing 17 ANSWER to #1 Complaint , COUNTERCLAIM against Guarantee Company of North America USA by Jeffrie A Borum, Tyson K Borum, Kinkaid Civil Construction LLC, Tyson K. Borum And Jeffrie Borum Revocable Trust Dated 8/4/2005. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mixon, Nelson)
January 27, 2022 Filing 16 SERVICE EXECUTED filed by Guarantee Company of North America USA: Certificate of Service re: Summons and Complaint upon Tyson K. Borum and Jeffrie A Borum, Trustees of the Tyson K Borum and Jeffrie Borum Revocable Trust on 01/25/2022. (Rubacha, Edward)
January 27, 2022 Filing 15 SERVICE EXECUTED filed by Guarantee Company of North America USA: Certificate of Service re: Summons and Complaint upon Kinkaid Civil Construction Company on 01/25/2022. (Rubacha, Edward)
January 27, 2022 Filing 14 SERVICE EXECUTED filed by Guarantee Company of North America USA: Certificate of Service re: Summons and Complaint upon Jeffrie Borum on 01/25/2022. (Rubacha, Edward)
January 27, 2022 Filing 13 SERVICE EXECUTED filed by Guarantee Company of North America USA: Certificate of Service re: Summons and Complaint upon Tyson Borum on 01/25/2022. (Rubacha, Edward)
January 20, 2022 Filing 12 Summons Issued as to All Defendants. (Attachments: #1 Summons, #2 Summons, #3 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
January 20, 2022 Filing 11 SUMMONS Submitted by Guarantee Company of North America USA. (Rubacha, Edward)
January 20, 2022 Filing 10 SUMMONS Submitted by Guarantee Company of North America USA. (Rubacha, Edward)
January 20, 2022 Filing 9 SUMMONS Submitted by Guarantee Company of North America USA. (Rubacha, Edward)
January 20, 2022 Filing 8 SUMMONS Submitted by Guarantee Company of North America USA. (Rubacha, Edward)
January 18, 2022 Opinion or Order Filing 7 ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED if any Defendant files a motion to dismiss under Rule 12(b)(6) or 12(c) and if Plaintiff contends any further amendment of its Complaint #1 can cure any alleged deficiency, Plaintiff must submit, no later than the time it files a response to a motion to dismiss, a proposed amended complaint containing all further allegations Plaintiff could make. FURTHER ORDERED that, in the event a motion to dismiss is granted in any part, no leave will be granted to amend the Complaint beyond what is offered in that proposed amended complaint. FURTHER ORDERED that Plaintiff serve a copy of this Order upon Defendants and file a notice of service. See attached Order for complete details. Signed by Chief Judge G Murray Snow on 1/18/2022. (KFZ)
January 18, 2022 Opinion or Order Filing 6 ORDER/NOTICE PURSUANT TO FED. R. CIV. P. 4(m). IT IS ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on 4/15/2022. Signed by Chief Judge G Murray Snow on 1/18/2022. (KFZ)
January 18, 2022 Filing 5 NOTICE TO FILER OF DEFICIENCY re: #2 Summons Submitted filed by Guarantee Company of North America USA. Unable to Issue Summonses. Summonses are missing the attorney's information. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE)
January 14, 2022 Filing 4 Filing fee paid, receipt number 0970-20250077. This case has been assigned to the Honorable G Murray Snow. All future pleadings or documents should bear the correct case number: CV-22-83-PHX-GMS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE)
January 14, 2022 Filing 3 Corporate Disclosure Statement by Guarantee Company of North America USA identifying Corporate Parent Intact Financial Corporation for Guarantee Company of North America USA. (Rubacha, Edward) (MYE)
January 14, 2022 Filing 2 SUMMONS Submitted by Guarantee Company of North America USA. (Rubacha, Edward) (Attachments: #1 Summons, #2 Summons, #3 Summons)(MYE)
January 14, 2022 Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-20250077 filed by Guarantee Company of North America USA. (Rubacha, Edward) (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(MYE)

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Plaintiff: Guarantee Company of North America USA
Represented By: Edward Rubacha, II
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Defendant: Kinkaid Civil Construction LLC
Represented By: Barry Willits
Represented By: Nelson Alexander Floyd Mixon
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Defendant: Tyson K Borum
Represented By: Barry Willits
Represented By: Nelson Alexander Floyd Mixon
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Counter claimant: Jeffrie A Borum
Represented By: Barry Willits
Represented By: Nelson Alexander Floyd Mixon
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Counter claimant: Tyson K. Borum And Jeffrie Borum Revocable Trust Dated
Represented By: Barry Willits
Represented By: Nelson Alexander Floyd Mixon
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