Western Surety Company v. PCL Construction Services, Inc.
Plaintiff: Western Surety Company
Defendant: PCL Construction Services, Inc.
Case Number: 2:2022cv00398
Filed: July 5, 2022
Court: US District Court for the Middle District of Florida
Presiding Judge: John L Badalamenti
Referring Judge: Nicholas P Mizell
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 29, 2022 Filing 26 NOTICE canceling Preliminary Pretrial Conference scheduled for 9/15/2022 (WRW)
August 26, 2022 Opinion or Order Filing 25 ENDORSED ORDER granting #24 defendant's unopposed motion for extension of time to file case management report. The Preliminary Pretrial Conference will be canceled pending the outcome of the #3 motion to compel arbitration, and the CMR deadline is stayed. Signed by Magistrate Judge Nicholas P. Mizell on 8/26/2022. (SM)
August 22, 2022 Filing 24 Unopposed MOTION for Extension of Time to File Case Management Report by PCL Construction Services, Inc. (Gibbons, Michael) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 8/24/2022, to edit docket text. (SPB).
August 17, 2022 Filing 23 REPLY re #17 Response in Opposition to Motion by PCL Construction Services, Inc. (Gibbons, Michael) Modified on 8/18/2022, to edit docket text. (SPB).
August 10, 2022 Opinion or Order Filing 22 ENDORSED ORDER granting #18 defendant's motion for leave to file reply. With no timely response to the motion, it is treated as unopposed. See Local Rule 3.01(c). By August 17, 2022, defendant may file a reply, not to exceed seven (7) pages in length. Signed by Magistrate Judge Nicholas P. Mizell on 8/10/2022. (SM)
August 8, 2022 Opinion or Order Filing 21 ENDORSED ORDER denying as moot #20 motion to strike notice. The docket already reflects that the #19 amended notice of mediation was filed in the wrong case. Moreover, the motion fails to comply with Local Rule 3.01. Signed by Magistrate Judge Nicholas P. Mizell on 8/8/2022. (SM)
July 29, 2022 Filing 20 MOTION to Strike #19 Notice of mediation conference/hearing, by Western Surety Company. (Warren, Megan) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 29, 2022 Filing 19 **Counsel notified the Court, pleading entered in the wrong case. NOTICE of mediation conference/hearing to be held on October 26, 2022 at 9:00 a.m. before James L. Nulman. (Patton, Benjamin) Modified on 7/29/2022, to include information regarding counsel notification. (SPB).
July 26, 2022 Filing 18 MOTION for Leave to File Reply to Western Surety Company's Response in Opposition to Defendant's Motion to Compel Arbitration by PCL Construction Services, Inc. (Gibbons, Michael) Modified on 7/27/2022, to edit docket text. (SPB).
July 22, 2022 Filing 17 RESPONSE in Opposition re #3 MOTION to Compel Arbitration filed by Western Surety Company. (Warren, Megan)
July 20, 2022 Opinion or Order Filing 16 ENDORSED ORDER granting #15 plaintiff's unopposed motion for extension of time. By July 22, 2022, plaintiff will respond to the #3 motion to compel arbitration. Signed by Magistrate Judge Nicholas P. Mizell on 7/20/2022. (SM)
July 19, 2022 Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply Motion to Compel Arbitration by Western Surety Company. (Warren, Megan) Motions referred to Magistrate Judge Nicholas P. Mizell.
July 12, 2022 Filing 14 NOTICE of hearing: Preliminary Pretrial Conference set for 9/15/2022 at 10:15 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 8/22/2022. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 22398. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW)
July 12, 2022 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #7 Civil Action Order by Western Surety Company identifying Corporate Parent CNA Financial Corporation for Western Surety Company. (Warren, Megan)
July 12, 2022 Filing 12 NOTICE of Lead Counsel Designation by Megan Margaret Warren on behalf of Western Surety Company. Lead Counsel: Megan M. Warren. (Warren, Megan)
July 11, 2022 Filing 11 Civil Cover Sheet by PCL Construction Services, Inc. (Gibbons, Michael) Modified on 7/17/2022, to edit docket text. (SPB).
July 11, 2022 Filing 10 NOTICE of Lead Counsel Designation by Michael R. Gibbons on behalf of PCL Construction Services, Inc. Lead Counsel: Michael R. Gibbons, Esq. (Gibbons, Michael)
July 11, 2022 Filing 9 NOTICE that Form JS 44 Civil Cover Sheet is required for the Clerk of Court to initiate a civil docket sheet. File the Civil Cover Sheet in this action using the Notice (Other) event. (Signed by Deputy Clerk). (SPB)
July 11, 2022 Filing 8 NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (SPB)
July 11, 2022 Filing 7 CIVIL Action Order. Signed by All Divisional Judges on 7/11/2022. (SPB)
July 11, 2022 Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by PCL Construction Services, Inc. (Gibbons, Michael) Modified as to docket text on 7/11/2022 (JK).
July 11, 2022 Filing 5 NOTICE of Pendency of Other Actions by PCL Construction Services, Inc. (Gibbons, Michael) Modified on 7/11/2022, to edit docket text. (SPB).
July 11, 2022 Filing 4 COMPLAINT against PCL Construction Services, Inc. filed by Western Surety Company. (Filed in State Court on 6/7/2022.) (Attachments: #1 Exhibit, #2 Exhibit)(SPB)
July 5, 2022 Filing 3 MOTION to Compel Arbitration by PCL Construction Services, Inc. (Gibbons, Michael) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 7/11/2022, to edit docket text. (SPB).
July 5, 2022 Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:22-cv-0398-JLB-NPM. (SJB)
July 5, 2022 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Twentieth Judicial Circuit, case number 11-2022-CA-000944-0001-XX filed in State Court on 06/07/2022. Filing fee $402, receipt number AFLMDC-19739220 filed by PCL Construction Services, Inc.. (Attachments: #1 State Court Docket Sheet, #2 State Court Civil Cover Sheet by Western Surety, #3 State Court Complaint Wester Surety's Complaint w. Exhibits, #4 State Court Other Documents Summons (TBI), Standing Order, Return of Service)(Gibbons, Michael) Modified on 7/11/2022, to edit docket text. (SPB).

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Plaintiff: Western Surety Company
Represented By: Christopher T. McRae
Represented By: Megan Margaret Warren
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Defendant: PCL Construction Services, Inc.
Represented By: Michael R. Gibbons
Represented By: Ryan Paul Scordato
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