Zurich American Ins. Co. & Fidelity & Deposit MD v. Ascent Construction, et al
| ASCENT CONSTRUCTION, INC., BRAD L. KNOWLTON and SHONDELL SWENSON, FKA Shondell Knowlton |
| ZURICH AMERICAN INSURANCE COMPANY AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND |
| DALLAS KNOWLTON, DBA Pfeifferhorn Construction |
| 23-4144 |
| October 31, 2023 |
| U.S. Court of Appeals, Tenth Circuit |
| Other Contract Actions |
Docket Report
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This docket was last retrieved on December 26, 2023. A more recent docket listing may be available from PACER.
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[11054754] Order filed by Judges Holmes, Moritz and Rossman regarding Appellants' motions to dismiss. Motions terminated. Served on 12/26/2023. Text only entry - no attachment. (see order entered 12/26/2023). [23-4134, 23-4144] [Entered: 12/26/2023 10:34 AM]
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| [11054759] Jurisdictional Defect; Procedural termination after other judicial action; Written, unsigned, unpublished. Judges Holmes, Moritz and Rossman. [23-4134, 23-4144] [Entered: 12/26/2023 10:47 AM] |
| [11053703] Motion filed by Appellants Ascent Construction, Inc. and Brad L. Knowlton in 23-4144 to dismiss case. Served on: 12/19/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-4144, 23-4134] BMP [Entered: 12/19/2023 07:57 PM] |
| [11053700] Amended Motion filed by Appellant Ms. Shondell Swenson in 23-4134 to dismiss case. Served on: 12/19/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-4134, 23-4144]- JN [Entered: 12/19/2023 05:50 PM] |
| [11047907] Filed notice record is complete. Served on 11/28/2023. [23-4144] [Entered: 11/28/2023 12:28 PM] |
| [11047912] Order filed by Clerk of the Court taking Shondell Swenson's Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, to Stay Appeal Pending Attorneys Fees Determination under advisement as set forth in the attached order. Response(s) due 12/19/2023. Briefing on the merits is suspended in both appeals. See order for additional information. Served on 11/28/2023. [23-4134, 23-4144] [Entered: 11/28/2023 12:37 PM] |
| [11048159] Deficiency notice issued. Disclosure statement now due on 12/01/2023 for Appellant Ascent Construction, Inc. (captioned for and filed in No. 23-4144). [23-4144] [Entered: 11/28/2023 05:04 PM] |
| [11047396] Entry of appearance filed by Mr. Jonathan R. Rudd for Brad L. Knowlton and Mr. Bruce M. Pritchett, Jr. Ascent Construction, Inc. and Brad L. Knowlton in 23-4134, 23-4144. CERT. OF INTERESTED PARTIES: y. Served on 11/22/2023, 11/27/2023. Manner of Service: email [23-4134, 23-4144] [Entered: 11/27/2023 10:46 AM] |
| [11047413] Minute order filed - Notice due that record is complete by 12/04/2023 for Gary P. Serdar, Clerk of Court (oclk). (Text Only - No Attachment) [23-4144] [Entered: 11/27/2023 11:14 AM] |
| [11047272] Motion filed by Appellant Ms. Shondell Swenson in 23-4134 to dismiss case, for stay of The Court lacks jurisdiction over the appeal because attorney's fees issue--which, in this case, is a part of damages rather than separate from the underlying action--is still pending in the trial court. Alternatively, Swenson requests to stay the appeal.. Served on: 11/24/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-4134, 23-4144] JN [Entered: 11/24/2023 11:56 AM] |
| [11047268] Docketing statement filed by Ascent Construction, Inc. and Brad L. Knowlton in 23-4144. Served on 11/22/2023. Manner of Service: email. [23-4144]--[Edited 11/27/2023 by ART to remove document from 23-4134] BMP [Entered: 11/22/2023 11:52 PM] |
| This entry has been removed from the docket as this is a duplicate docket entry. [ART] [11047266] Entry of appearance submitted by Bruce M. Pritchett and Jonathan R. Rudd for Appellants Ascent Construction, Inc. and Brad L. Knowlton in 23-4144 for court review. Certificate of Interested Parties: Yes. Served on 11/22/2023. Manner of Service: email. [23-4134, 23-4144] JRR [Entered: 11/22/2023 09:58 PM] |
| [11047267] Acknowledgment of transcript order filed by Ascent Construction, Inc. and Brad L. Knowlton in 23-4144. Transcript ordered: No transcripts ordered--this was a summary judgment, and the court did not grant oral argument.. Served on: 11/22/2023. Manner of Service: email. [23-4144]--[Edited 11/27/2023 by ART to remove document from 23-4134] BMP [Entered: 11/22/2023 10:11 PM] |
| [11047265] Entry of appearance submitted by Bruce M. Pritchett and Jonathan R. Rudd for Appellants Ascent Construction, Inc. and Brad L. Knowlton in 23-4144 for court review. Certificate of Interested Parties: Yes. Served on 11/22/2023. Manner of Service: email. [23-4134, 23-4144]--[Edited 11/27/2023 by ART to correct attorney filers and to remove pdf as pleading was filed on 11/27/2023] BMP [Entered: 11/22/2023 09:55 PM] |
| [11046913] Order filed by Clerk of the Court. Notice of appearance, docketing statement and transcript order form now due 11/22/2023 for Ascent Construction, Inc. and Brad L. Knowlton in No. 23-4144. Disclosure statement now due on 11/22/2023 for Ascent Construction, Inc. Served on 11/21/2023. [23-4134, 23-4144] --[Edited 11/21/2023 by SLS to add disclosure statement] [Entered: 11/21/2023 04:42 PM] |
| [11044880] Deficiency notice issued. Notice of appearance, docketing statement and transcript order form now due 11/20/2023 for Ascent Construction, Inc. and Brad L. Knowlton. Disclosure statement due on 11/20/2023 for Ascent Construction, Inc. [23-4144] [Entered: 11/15/2023 10:29 AM] |
| [11044853] Entry of appearance filed by Jeffrey Hegewald, Patrick Hustead and Connor L. Cantrell for Zurich American Insurance Company and Fidelity and Deposit Company of Maryland. CERT. OF INTERESTED PARTIES: y. Served on 11/15/2023. Manner of Service: email. [23-4144] [Entered: 11/15/2023 09:57 AM] |
| [11044673] Entry of appearance submitted by Connor Lee Cantrell, Patrick Quinn Hustead, Jeffrey Alden Hegewald for Appellee Zurich American Insurance Company and Fidelity and Deposit Company of Maryland for court review. Certificate of Interested Parties: Yes. Served on 11/14/2023. Manner of Service: email. [23-4144] --[Edited 11/15/2023 by SLS to remove PDF from docket entry as the document has been filed.] CLC [Entered: 11/14/2023 03:56 PM] |
| [11044676] Rule 26 Disclosure Statement filed by Zurich American Insurance Company and Fidelity and Deposit Company of Maryland. More than 50 parties disclosed: no. Served on 11/14/2023. Manner of Service: email. [23-4144] CLC [Entered: 11/14/2023 03:59 PM] |
| [11043480] Order filed by Clerk of the Court procedurally consolidating appeals for preparation of a consolidated appendix, Appellee Zurich's response brief, oral argument (if granted), and submission to a panel of judges. The opening brief and appendix deadlines in 23-4134 are vacated and a common deadline for both opening briefs (or a consolidated opening brief) and joint appendix will be set once the notice record complete is filed in 23-4144. Please see attached order for additional information. Served on 11/09/2023. [23-4134, 23-4144] [Entered: 11/09/2023 10:55 AM] |
| [11040754] Civil case docketed. Preliminary record filed. DATE RECEIVED: 10/27/2023. Notice of appearance, transcript order form and docketing statement due 11/14/2023 for Ascent Construction, Inc. and Brad L. Knowlton. Notice of appearance due on 11/14/2023 for Zurich American Insurance Company and Fidelity and Deposit Company of Maryland. Disclosure statements due on 11/14/2023 for Ascent Construction, Inc. and Zurich American Insurance Company and Fidelity and Deposit Company of Maryland. [23-4144] [Entered: 10/31/2023 02:15 PM] |
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