DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC v. MCN BUILD, INC. et al
Plaintiff: DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC and Z-MODULAR, LLC
Defendant: FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., ZURICH AMERICAN INSURANCE COMPANY, INC. and MCN BUILD, INC.
Counter Defendant: WESTCHESTER FIRE INSURANCE COMPANY
Case Number: 1:2018cv02947
Filed: December 14, 2018
Court: US District Court for the District of Columbia
Presiding Judge: G Michael Harvey
Referring Judge: Richard J Leon
Nature of Suit: Miller Act
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2021 Opinion or Order Filing 69 MEMORANDUM OPINION AND ORDER. Signed by Judge Richard J. Leon on 09/23/2021. (lcrjl3)
August 20, 2021 Opinion or Order Filing 68 RESPONSE re #67 MOTION for Leave to File Sur-Reply filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Mannering, Evan)
August 19, 2021 Opinion or Order Filing 67 MOTION for Leave to File Sur-Reply by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC.. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit A (Sur-Reply))(Goldsticker, Michael)
August 19, 2021 Opinion or Order Filing 66 MOTION to Strike #65 Surreply, by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Attachments: #1 Memorandum in Support MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT, #2 Text of Proposed Order PROPOSED ORDER, #3 Exhibit EXHIBIT 1, #4 Exhibit EXHIBIT 2, #5 Exhibit EXHIBIT 3)(Mannering, Evan)
August 18, 2021 Opinion or Order Filing 65 SURREPLY to re #64 Reply to opposition to Motion, filed by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC.. (Attachments: #1 Exhibit A: Illinois Secretary of State Information, #2 Exhibit B: Texas Comptroller of Public Accounts)(Werner, James)
August 10, 2021 Opinion or Order Filing 64 REPLY to opposition to motion re #61 MOTION for Leave to File Amended Complaint filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Attachments: #1 Exhibit 1 - Declaration of Michael P. McNamara, #2 Exhibit 2 - Amended Complaint, #3 Exhibit 3 - Amended Complaint (Redline))(Mannering, Evan)
August 3, 2021 Opinion or Order Filing 63 Memorandum in opposition to re #61 MOTION for Leave to File Amended Complaint filed by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC.. (Attachments: #1 Exhibit A: Z-Modular Holding, Inc. Certificate of Incorporation, #2 Exhibit B: Z-Modular Holding, Inc. Application for Registration, #3 Exhibit C: Z-Modular Holding, Inc. Annual Franchise Tax Reports, #4 Exhibit D: Application for Registration for Z-Modular Killeen, #5 Exhibit E: Z-Modular, LLC Certificate of Formation, #6 Exhibit F: Z-Modular, LLC Application for Admission to Transact Business, #7 Exhibit G: Zekleman Holding, Inc. Annual Franchise Tax Reports, #8 Text of Proposed Order Proposed Order Denying Motion for Leave to Amend Complaint)(Werner, James)
July 22, 2021 Opinion or Order Filing 62 NOTICE of Appearance by Michael A. Goldsticker on behalf of FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC. (Goldsticker, Michael) (Main Document 62 replaced on 7/26/2021) (znmw).
July 20, 2021 Opinion or Order Filing 61 MOTION for Leave to File Amended Complaint by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Attachments: #1 Proposed Order, #2 Exhibit A - Amended Complaint, #3 Exhibit B - Redline of Amended Complaint)(Mannering, Evan)
July 1, 2021 Opinion or Order Filing 60 ORDER. It is hereby ORDERED that plaintiff shall within 30 days of this order seek leave to amend its Complaint to include allegations necessary to establish subject-matter jurisdiction or otherwise show cause as to why the Complaint should not be dismissed for lack of jurisdiction in its current form. It is further ORDERED that defendants shall file any responsive briefs within 14 days of plaintiff's filing. It is further ORDERED that plaintiff shall file any reply within 7 days of the defendants' responsive filings. (see the order for complete details). SO ORDERED. Signed by Judge Richard J. Leon on 07/01/2021. (lcrjl3)
June 21, 2021 Opinion or Order Filing 59 NOTICE OF WITHDRAWAL OF APPEARANCE as to MCN BUILD, INC.. Attorney John G. Tamasitis terminated. (Tamasitis, John)
January 4, 2021 Opinion or Order Filing 58 Joint STATUS REPORT on Mediation Efforts by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Mannering, Evan)
December 15, 2020 Opinion or Order MINUTE ORDER. In light of the parties' representations in their status report of December 14, 2020 (ECF No. 57), it is herby ORDERED that the parties shall file a joint status report regarding the progress of mediation on January 4, 2021. Status Report due by 1/4/2021. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 12/15/20. (MFB)
December 14, 2020 Opinion or Order Filing 57 Joint STATUS REPORT on Mediation Efforts by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Mannering, Evan)
October 14, 2020 Opinion or Order MINUTE ORDER. The parties have reported to the Court that they will be engaging in mediation with a private mediator. Accordingly, the parties shall file a joint status update reporting on the progress of their mediation by December 14, 2020. Status Report due by 12/14/2020. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 10/14/20. (MFB)
October 9, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Status Conference held on 10/9/2020. Court Reporter FTR-Gold FTR Time Frame: CTRM 5 [10:34:47-10:47:24]; (zpt)
October 5, 2020 Opinion or Order MINUTE ORDER. A telephonic status conference will be held before the undersigned on October 9, 2020, at 10:30 a.m. to discuss the potential facilitation of settlement discussions. Chambers will provide call-in information to counsel prior to the conference. Status Conference set for 10/9/2020 at 10:30 AM in Telephonic/VTC before Magistrate Judge G. Michael Harvey. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 10/5/20. (MFB)
October 2, 2020 Opinion or Order Filing 56 NOTICE of Supplemental Proposed Orders by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC re #50 Memorandum in opposition to re #47 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support of Motion for Summary Judgment #49 Memorandum in opposition to re #46 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support of Motion for Summary Judgment (Attachments: #1 Text of Proposed Order Denying Zurich and Fidelity's Motion for Summary Judgment)(zjf)
October 2, 2020 Opinion or Order MINUTE ORDER. Upon consideration of #55 Z-Modular, LLC's Motion for Leave to Supplement its Summary Judgment Oppositions, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Clerk shall file [55-1] Proposed Order Denying MCN's Motion for Summary Judgment and [55-2] Proposed Order Denying Zurich and Fidelity's Motion for Summary Judgment on the docket. SO ORDERED. Signed by Judge Richard J. Leon on 10/02/2020. (lcrjl3)
September 22, 2020 Opinion or Order Filing 55 Unopposed MOTION for Leave to File Supplement to Summary Judgment Oppositions by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC (Attachments: #1 Ex. A - Proposed Order Denying MCN's Motion for Summary Judgment, #2 Ex. B - Proposed Order Denying Zurich and Fidelity's Motion for Summary Judgment, #3 Proposed Order regarding Z-Modular's Motion for Leave to Supplement its Summary Judgment Opposition)(Mannering, Evan)
September 21, 2020 Opinion or Order Filing 54 REPLY to opposition to motion re #47 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support of Motion for Summary Judgment filed by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., ZURICH AMERICAN INSURANCE COMPANY, INC.. (Attachments: #1 Exhibit A: Excerpts from the Deposition Transcript of Z-Modular's 30(b)(6) Witness, #2 Exhibit B: Excerpts from the Deposition of Derek Henderson)(Werner, James)
September 21, 2020 Opinion or Order Filing 53 REPLY to opposition to motion re #46 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support of Motion for Summary Judgment filed by MCN BUILD, INC.. (Attachments: #1 Exhibit A: Excerpts from the Deposition Transcript of Z-Modular's 30(b)(6) Witness, #2 Exhibit B: Excerpts from the Deposition Transcript of Derek Henderson, #3 Exhibit C; Excerpts from the Deposition Transcript of James Richie, #4 Exhibit D: Excerpts from the Deposition Transcript of Bassem Boustany)(Werner, James)
September 21, 2020 Opinion or Order Filing 52 REPLY to opposition to motion re #48 MOTION for Summary Judgment filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Attachments: #1 Declaration of Evan Mannering, #2 Exhibit 1)(Mannering, Evan)
September 14, 2020 Opinion or Order Filing 51 Memorandum in opposition to re #48 MOTION for Summary Judgment filed by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC.. (Attachments: #1 Exhibit 1: Excerpts of the Deposition Transcript of Z-Modular's 30(b)(6) Designee, #2 Exhibit 2: Excerpts of the Deposition of J. Ritchie, #3 Text of Proposed Order Proposed Order - Denying Z-Modular's Motion for Summary Judgment, #4 Statement of Facts Defendants' Response to Plaintiff's STATEMENT of UNDISPUTED MATERIAL FACTS, #5 Exhibit A: to Defs. Resp. to Plaintiff's Statement of Undisputed Material Facts - Excerpts from Deposition Transcript of Boustany, #6 Exhibit B: to Defs. Resp. to Plaintiff's Statement of Undisputed Material Facts - Excerpts from the Deposition Transcript of Lefler, #7 Exhibit C: to Defs. Resp. to Plaintiff's Statement of Undisputed Material Facts - Notice Correspondence, #8 Exhibit D: to Defs. Resp. to Plaintiff's Statement of Undisputed Material Facts - Excerpts from the Deposition Transcript of Colosimo, #9 Exhibit E; to Defs. Resp. to Plaintiff's Statement of Undisputed Material Facts - Excerpts from the Deposition Transcript of MCN's 30(b)(6) Designee, #10 Exhibit F: to Defs. Resp. to Plaintiff's Statement of Undisputed Material Fact - Excerpts from the Deposition Testimony of DGS's 30(b)(6) Designee, #11 Exhibit G: to Defs. Resp to Plaintiff's Statement of Undisputed Material Facts - Performance Bonds, #12 Exhibit H: to Defs. Resp. to Plaintiff's Statement of Undisputed Facts - Excerpts from the Deposition Transcript of Henderson, #13 Exhibit I: to Defs. Resp. to Plaintiff's Statement of Undisputed Material Facts - Ward 7 Subcontract, #14 Exhibit J: to Defs. Resp. to Plaintiff's Statement of Undisputed Material Facts - Ward 8 Subcontract, #15 Exhibit K: to Defs. Resp. to Plaintiff's Statement of Undisputed Material Facts - Excerpts from the Deposition Transcript of Z-Modular's 30(b)(6) Designee)(Werner, James)
September 14, 2020 Opinion or Order Filing 50 Memorandum in opposition to re #47 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support of Motion for Summary Judgment filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Attachments: #1 Responses to Statement of Facts, #2 Declaration of Evan Mannering, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7)(Mannering, Evan)
September 14, 2020 Opinion or Order Filing 49 Memorandum in opposition to re #46 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support of Motion for Summary Judgment filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Attachments: #1 Responses to Statement of Facts, #2 Declaration of Evan Mannering, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6)(Mannering, Evan)
August 14, 2020 Opinion or Order Filing 48 MOTION for Summary Judgment by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC (Attachments: #1 Statement of Facts, #2 Memorandum in Support, #3 Declaration of Evan Mannering, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37, #41 Exhibit 38, #42 Exhibit 39, #43 Exhibit 40, #44 Exhibit 41, #45 Exhibit 42, #46 Exhibit 43, #47 Exhibit 44, #48 Text of Proposed Order)(Mannering, Evan)
August 14, 2020 Opinion or Order Filing 47 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support of Motion for Summary Judgment by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., ZURICH AMERICAN INSURANCE COMPANY, INC. (Attachments: #1 Exhibit 1 - Ward 7 Subcontract, #2 Exhibit 2 - Ward 8 Subcontract, #3 Exhibit 3 - Excerpts from Deposition Transcript for Z-Modular Corporate Designee, #4 Exhibit 4 - Excerpts from Deposition for D. Henderson, #5 Exhibit 5 - Excerpts from Deposition Transcript for J. Ritchie, #6 Exhibit 6 - Z-Modular's Second Amended Responses to Interrogatories, #7 Text of Proposed Order Proposed Order)(Werner, James)
August 14, 2020 Opinion or Order Filing 46 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support of Motion for Summary Judgment by MCN BUILD, INC. (Attachments: #1 Exhibit 1 - Ward 7 Subcontract, #2 Exhibit 2 - Ward 8 Subcontract, #3 Exhibit 3 - Excerpts of Deposition for Z-Modular Corporate Designee, #4 Exhibit 4 - Excerpts of Deposition for D. Henderson, #5 Exhibit 5 - Excerpts of Deposition for B. Ritchie, #6 Exhibit 6 - Z-Modular's Second Amended Responses to Interrogatories, #7 Text of Proposed Order Proposed Order)(Werner, James)
July 16, 2020 Opinion or Order Filing 45 Joint STATUS REPORT by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Mannering, Evan)
July 15, 2020 Opinion or Order Filing 44 MEMORANDUM OPINION AND ORDER granting in part and denying in part #30 Motion to Compel; Set/Reset Deadlines: Status Report due by 7/20/2020. Signed by Magistrate Judge G. Michael Harvey on 7/15/2020. (zpt)
July 15, 2020 Opinion or Order Filing 43 ENTERED IN ERROR..... ORDER granting in part and denying in part #30 Motion to Compel; Set/Reset Deadlines: Status Report due by 7/20/2020. Signed by Magistrate Judge G. Michael Harvey on 7/15/20. (MFB) Modified text on 7/15/2020 (zpt).
July 15, 2020 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: re #43 Order on Motion to Compel, Set/Reset Deadlines was entered in error and was instructed to refile. (zpt)
July 13, 2020 Opinion or Order MINUTE ORDER. The telephonic discovery hearing to address Plaintiff's motion to compel (ECF No. 30) originally scheduled for 2:30 p.m. today is rescheduled to 3:30 p.m. today. Chambers has provided counsel with call-in information for the hearing. Discovery Hearing set for 7/13/2020 at 03:30 PM in Telephonic/VTC before Magistrate Judge G. Michael Harvey. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 7/13/20. (MFB)
June 30, 2020 Opinion or Order MINUTE ORDER. A telephonic discovery hearing to address Plaintiff's motion to compel (ECF No. 30) will be held before the undersigned on July 13, 2020, at 2:30 p.m. Chambers will provide counsel with call-in information prior to the hearing. Discovery Hearing set for 7/13/2020 at 02:30 PM in Telephonic/VTC before Magistrate Judge G. Michael Harvey. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 6/30/20. (MFB)
June 26, 2020 Opinion or Order Filing 42 ORDER granting #41 Motion to Amend/Correct; Set/Reset Deadlines: Summary Judgment motions due by 8/14/2020. Response to Motion for Summary Judgment due by 9/14/2020. Reply to Motion for Summary Judgment due by 9/21/2020. Signed by Magistrate Judge G. Michael Harvey on 6/26/20. (MFB)
June 25, 2020 Opinion or Order Filing 41 Joint MOTION to Amend/Correct #31 Order on Motion to Amend/Correct,,,, Set/Reset Deadlines,,, to Amend the Amended Scheduling Order by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC. (Attachments: #1 Text of Proposed Order Second Amended Proposed Scheduling Order)(Werner, James)
May 18, 2020 Opinion or Order CASE DIRECTLY REFERRED to Magistrate Judge G. Michael Harvey for management of discovery, pretrial scheduling, facilitation of settlement discussions, and all other non-dispositive matters. (zsb)
May 18, 2020 Opinion or Order MINUTE ORDER REFERRING CASE to a magistrate judge pursuant to L.Cv.R. 72.2. It is hereby ORDERED that this action is referred to Magistrate Judge G. Michael Harvey for management of discovery, pretrial scheduling, facilitation of settlement discussions, and all other non-dispositive matters. It is further ORDERED that any future filings in this action shall have the initials of the presiding judge and the assigned magistrate judge following the case number in the caption. SO ORDERED. Signed by Judge Richard J. Leon on 05/18/2020. (lcrjl3)
April 8, 2020 Opinion or Order MINUTE ORDER. Upon consideration of #39 MCN Build, Inc.'s Motion for Leave to Take Discovery, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Mr. Bowron's deposition and Orca Intelligence's document production and deposition will be permitted to occur at a mutually agreeable time after the close of discovery. SO ORDERED. Signed by Judge Richard J. Leon on 04/08/2020. (lcrjl3)
April 1, 2020 Opinion or Order Filing 40 RESPONSE re #39 MOTION for Discovery for Leave to Conduct Discovery filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Mannering, Evan)
March 30, 2020 Opinion or Order Filing 39 MOTION for Discovery for Leave to Conduct Discovery by MCN BUILD, INC. (Attachments: #1 Text of Proposed Order Proposed Order Granting MCN Leave to Take DIscovery)(Werner, James)
February 26, 2020 Opinion or Order Filing 38 Letters Rogatory Issued. (jth)
February 26, 2020 Opinion or Order Filing 37 ORDER Granting #32 Motion for the Issuance of Letters of Request for International Judicial Assistance (Letters Rogatory). Signed by Judge Richard J. Leon on 02/19/2020. (jth)
February 20, 2020 Opinion or Order Filing 36 REPLY to opposition to motion re #30 MOTION to Compel filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Mannering, Evan)
February 19, 2020 Opinion or Order Filing 35 Memorandum in opposition to re #30 MOTION to Compel Adequate Discovery Responses and for the Sufficiency of MCN's Responses to Request to Admit filed by MCN BUILD, INC.. (Attachments: #1 Exhibit A: MCN's Responses to Plaintiff's First Set of RFA, #2 Exhibit B: Combined "Exhibit A"'s to the respective subcontracts, #3 Exhibit C: Z-Modular's Responses to MCN's First Set of Interrogatories, #4 Text of Proposed Order Proposed Order Denying Plaintiff's Motion)(Werner, James)
February 19, 2020 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #34 Memorandum, was entered in error and counsel was instructed to refile said pleading using the Opposition/Replies event. (jf)
February 18, 2020 Opinion or Order Filing 34 ENTERED IN ERROR.....MEMORANDUM re #30 MOTION to Compel filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC by MCN BUILD, INC.. (Attachments: #1 Exhibit A. MCN's Responses to Plaintiff's First set of RFA, #2 Exhibit B. Combined Exhibit A to the Subcontracts at issue, #3 Text of Proposed Order Proposed Order - Denying Z-Modular's Motion to Compel)(Werner, James) Modified on 2/19/2020 (jf).
February 12, 2020 Opinion or Order Filing 33 RESPONSE re #32 MOTION for Issuance of Letters Rogatory filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Mannering, Evan)
February 11, 2020 Opinion or Order Filing 32 MOTION for Issuance of Letters Rogatory by MCN BUILD, INC. (Attachments: #1 Exhibit Exhibit A. Letters Rogatory and Schedules, #2 Text of Proposed Order Proposed Order for Letters Rogatory)(Werner, James)
February 4, 2020 Opinion or Order Set/Reset Deadline: Rebuttal Expert Reports are due 6/15/2020. (jth)
February 4, 2020 Opinion or Order Filing 31 ORDER. Upon consideration of #29 Plaintiff's Consent Motion to Amend Proposed Scheduling Order, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following schedule is set for this case (See order for full details): Fact Discovery to be completed by 3/31/2020. Expert Reports due by 4/28/2020. Rebuttal Expert Reports due by 6/15/2020. Expert Depositions completed by 7/15/2020. Summary Judgment motions due by 7/15/2020. Responses to Motions for Summary Judgment due by 8/17/2020. Replies in Support of Motions for Summary Judgment due by 8/24/2020. Signed by Judge Richard J. Leon on 02/02/2020. (lcrjl3) Modified on 2/5/2020 to reflect that this is "paper" not a "minute" order (jth).
February 4, 2020 Opinion or Order Filing 30 MOTION to Compel by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19)(Mannering, Evan)
February 3, 2020 Opinion or Order NOTICE OF ERROR re #29 Motion to Amend/Correct; emailed to emannering@bakerlaw.com, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. DO NOT REFILE - FYI for future filings. Login/password and signature must match (zjf, )
January 31, 2020 Opinion or Order Filing 29 Consent MOTION to Amend/Correct #19 Meet and Confer Statement by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC (Attachments: #1 Amended [Proposed] Scheduling Order)(Mannering, Evan)
December 23, 2019 Opinion or Order Filing 28 STIPULATION of Dismissal [PARTIAL] without Prejudice by MCN BUILD, INC.. (Werner, James)
October 31, 2019 Opinion or Order Filing 27 NOTICE of Appearance by John G. Tamasitis on behalf of FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC. (Tamasitis, John) (Main Document 27 replaced on 10/31/2019) (ztd).
October 22, 2019 Opinion or Order MINUTE ORDER. Upon consideration of #26 Motion for Leave to Appear Pro Hac Vice, it is hereby ORDERED that the motion is GRANTED. SO ORDERED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Richard J. Leon on 10/22/2019. (lcrjl3)
October 18, 2019 Opinion or Order Filing 26 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John G. Tamasitis, :Firm- Parker Poe Adams & Bernstein LLP, :Address- 1221 Main Street, Suite 1100 Columbia, SC 29201. Phone No. - (803) 253-8923. Fax No. - (803) 255-8017 Filing fee $ 100, receipt number ADCDC-6461839. Fee Status: Fee Paid. by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC. (Attachments: #1 Declaration Declaration of John G. Tamasitis in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order)(Werner, James)
May 7, 2019 Opinion or Order Filing 25 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER. Signed by Judge Richard J. Leon on 5/3/2019. (jth)
April 24, 2019 Opinion or Order Filing 24 Joint MOTION for Protective Order by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC (Attachments: #1 Exhibit A)(Mannering, Evan)
April 24, 2019 Opinion or Order Filing 23 NOTICE of Appearance by James Lynn Werner on behalf of FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC. (Werner, James) (Main Document 23 replaced on 4/25/2019) (znmw).
April 11, 2019 Opinion or Order Filing 22 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WESTCHESTER FIRE INSURANCE COMPANY (Mannering, Evan)
April 9, 2019 Opinion or Order Filing 21 ANSWER to Counterclaim #15 by WESTCHESTER FIRE INSURANCE COMPANY.(Mannering, Evan)
April 5, 2019 Opinion or Order Filing 20 NOTICE OF WITHDRAWAL OF APPEARANCE as to DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. Attorney Carey S. Busen terminated. (Busen, Carey)
April 4, 2019 Opinion or Order MINUTE ORDER. Upon consideration of plaintiff's #5 Motion for Admission of Attorney Laurin D. Quiat Pro Hac Vice, the Motion is hereby GRANTED. SO ORDERED. Signed by Judge Richard J. Leon on 04/04/2019. (lcrjl3)
March 25, 2019 Opinion or Order MINUTE ORDER. In light of #11 Defendants Fidelity Deposit Company of Maryland, and Zurich American Insurance Company's Answer to Plaintiff's Complaint, it is hereby ORDERED that #10 Motion for Extension of Time to Answer is DISMISSED as MOOT. SO ORDERED. Signed by Judge Richard J. Leon on 3/25/19. (lcrjl3)
February 25, 2019 Opinion or Order Filing 19 MEET AND CONFER STATEMENT. (Attachments: #1 Text of Proposed Order)(Mannering, Evan)
February 12, 2019 Opinion or Order Filing 18 ANSWER to Counterclaim #15 by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC.(Mannering, Evan)
January 28, 2019 Opinion or Order Filing 17 SUMMONS (1) Issued Electronically as to WESTCHESTER FIRE INSURANCE COMPANY. (tth)
January 28, 2019 Opinion or Order Filing 16 NOTICE of Appearance by Evan M. Mannering on behalf of DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC (Mannering, Evan)
January 22, 2019 Opinion or Order Filing 15 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against WESTCHESTER FIRE INSURANCE COMPANY by MCN BUILD, INC.. (Attachments: #1 Exhibit 1: Ward 7 Subcontract, #2 Exhibit 2: Ward 8 Subcontract, #3 Exhibit 3: Ward 7 Performance Bond, #4 Exhibit 4: Ward 8 Performance Bond, #5 Summons Civil Summons to Counterclaim Defendant WestChester Fire Insurance Company)(Hutchins, Sarah)
January 16, 2019 Opinion or Order Filing 14 STANDING ORDER. Signed by Judge Richard J. Leon on 1/16/19. (lcrjl3)
January 16, 2019 Opinion or Order Filing 13 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ZURICH AMERICAN INSURANCE COMPANY, INC. (Hutchins, Sarah)
January 16, 2019 Opinion or Order Filing 12 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC. (Hutchins, Sarah)
January 11, 2019 Opinion or Order Filing 11 ANSWER to Complaint by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., ZURICH AMERICAN INSURANCE COMPANY, INC..(Hutchins, Sarah) (Modified on 1/17/2019 to remove MCN Build, Inc. as a filer) (zrdj).
January 10, 2019 Opinion or Order Filing 10 MOTION for Extension of Time to File Answer re #1 Complaint, by FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., ZURICH AMERICAN INSURANCE COMPANY, INC. (Attachments: #1 Text of Proposed Order)(Hutchins, Sarah)
January 10, 2019 Opinion or Order Filing 9 NOTICE of Appearance by Sarah F. Hutchins on behalf of All Defendants (Hutchins, Sarah)
January 4, 2019 Opinion or Order Filing 8 WAIVER OF SERVICE by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. MCN BUILD, INC. waiver sent on 12/21/2018, answer due 2/19/2019. (Busen, Carey) Modified on 1/4/2019 to correct service/answer date (jf).
January 4, 2019 Opinion or Order Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ZURICH AMERICAN INSURANCE COMPANY, INC. served on 12/21/2018, answer due 1/11/2019 (Busen, Carey)
January 4, 2019 Opinion or Order Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC. served on 12/21/2018, answer due 1/11/2019 (Busen, Carey)
December 21, 2018 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laurin D. Quiat, :Firm- Baker & Hostetler LLP, :Address- lquiat@bakerlaw.com. Phone No. - (303) 764-4136. Fax No. - (303) 861-7805 Filing fee $ 100, receipt number 0090-5854227. Fee Status: Fee Paid. by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC (Attachments: #1 Declaration, #2 Text of Proposed Order)(Busen, Carey)
December 20, 2018 Opinion or Order Filing 4 SUMMONS (3) Issued Electronically as to FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC., MCN BUILD, INC., ZURICH AMERICAN INSURANCE COMPANY, INC.. (Attachments: #1 Notice and Consent)(zef, )
December 20, 2018 Opinion or Order Filing 3 ERRATA corrected summons by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC #1 Complaint, filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Busen, Carey)
December 20, 2018 Opinion or Order Filing 2 ERRATA of summons by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC #1 Complaint, filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Busen, Carey)
December 19, 2018 Opinion or Order Case Assigned to Judge Richard J. Leon. (zmd)
December 14, 2018 Opinion or Order Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0090-5839895) filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Busen, Carey)

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Search for this case: DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC v. MCN BUILD, INC. et al
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Defendant: FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC.
Represented By: Sarah F. Hutchins
Represented By: John G. Tamasitis
Represented By: James Lynn Werner
Represented By: Michael A. Goldsticker
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Defendant: ZURICH AMERICAN INSURANCE COMPANY, INC.
Represented By: Sarah F. Hutchins
Represented By: John G. Tamasitis
Represented By: James Lynn Werner
Represented By: Michael A. Goldsticker
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Defendant: MCN BUILD, INC.
Represented By: Sarah F. Hutchins
Represented By: John G. Tamasitis
Represented By: James Lynn Werner
Represented By: Michael A. Goldsticker
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Plaintiff: DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC
Represented By: Carey S. Busen
Represented By: Evan M. Mannering
Represented By: Laurin D. Quiat
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Plaintiff: Z-MODULAR, LLC
Represented By: Evan M. Mannering
Represented By: Carey S. Busen
Represented By: Laurin D. Quiat
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Counter defendant: WESTCHESTER FIRE INSURANCE COMPANY
Represented By: Evan M. Mannering
Represented By: Laurin D. Quiat
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