Sauer Construction, LLC v Industrial Concrete, Inc. et al
Plaintiff: Sauer Incorporated
Defendant: HARTFORD CASUALTY INSURANCE COMPANY and Federal Insurance Company
Counter Defendant: SAUER CONSTRUCTION, LLC
Counter Claimant: INDUSTRIAL CONCRETE, INC.
Case Number: 3:2023cv01038
Filed: September 1, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Marcia Morales Howard
Referring Judge: Monte C Richardson
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 October 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 30, 2023 Filing 27 Unopposed MOTION to Amend Case Caption by Industrial Concrete, Inc. (Zolty, Julie) Motions referred to Magistrate Judge Monte C. Richardson.
October 20, 2023 Filing 26 CERTIFICATE of interested persons and corporate disclosure statement by Hartford Casualty Insurance Company. (Warchola, Robert)
October 19, 2023 Opinion or Order Filing 25 ORDER to strike re: #24 Certificate of Interested Persons and Corporate Disclosure Statement filed by Hartford Casualty Insurance Company. On or before October 26, 2023, Defendant shall file a proper disclosure statement on the form provided by the Court. Signed by Magistrate Judge Monte C. Richardson on 10/19/2023. (HW)
October 18, 2023 Filing 24 **STRICKEN PER ORDER #25** CERTIFICATE of interested persons and corporate disclosure statement by Hartford Casualty Insurance Company. (Warchola, Robert) Modified text on 10/20/2023 (KME).
October 13, 2023 Filing 23 NOTICE of a related action per Local Rule 1.07(c) by Industrial Concrete, Inc. Related case(s): Yes (Zolty, Julie) Modified on 10/16/2023 (SPM).
October 13, 2023 Filing 22 CORPORATE Disclosure Statement by Industrial Concrete, Inc.. (Zolty, Julie)
October 13, 2023 Filing 21 PROPOSED summons to be issued by Industrial Concrete, Inc.. (Arnold, Trevor) Modified on 10/16/2023 (SPM). **Contacted counsel to re-file with corrected District information, case number, Plaintiff name, and attorney information**
October 13, 2023 Filing 20 Industrial Concrete, Inc.'s ANSWER and affirmative defenses to #1 Complaint Sauer Construction, LLC's, First COUNTERCLAIM against Sauer Construction, LLC, Federal Insurance Company by Industrial Concrete, Inc.. (Attachments: #1 Exhibit Bond, #2 Exhibit Subcontract Agreement)(Arnold, Trevor)
October 13, 2023 Filing 19 CORPORATE Disclosure Statement by Sauer Construction, LLC. (Elder, Nicholas)
September 29, 2023 Filing 18 NOTICE of Lead Counsel Designation by Trevor B. Arnold on behalf of Industrial Concrete, Inc.. Lead Counsel: Trevor B. Arnold. (Arnold, Trevor)
September 29, 2023 Filing 17 NOTICE of Lead Counsel Designation by Robert R. Warchola, Jr on behalf of Hartford Casualty Insurance Company. Lead Counsel: Duane A. Daiker. (Warchola, Robert)
September 29, 2023 Opinion or Order Filing 16 ENDORSED ORDER granting #13 Motion for Extension of Time to Answer. Industrial Concrete, Inc. answer or response is due on or before 10/13/2023. Signed by Magistrate Judge Monte C. Richardson on 9/29/2023. (HW)
September 29, 2023 Filing 15 NOTICE TO COUNSEL Julie Zolty, Trevor B. Arnold of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (RN)
September 28, 2023 Filing 14 ANSWER and affirmative defenses to #1 Complaint by Hartford Casualty Insurance Company.(Warchola, Robert)
September 28, 2023 Filing 13 MOTION for Extension of Time to File Answer To Plaintiff's Complaint by Industrial Concrete, Inc.. (Arnold, Trevor) Motions referred to Magistrate Judge Monte C. Richardson.
September 20, 2023 Filing 12 NOTICE: Upon review of #9 Plaintiff's Response, the Court's sua sponte inquiry into its subject matter jurisdiction is satisfied. (MHM)
September 20, 2023 Filing 11 RETURN of service executed on 9/8/2023 by Sauer Construction, LLC as to Industrial Concrete, Inc.. (Elder, Nicholas)
September 19, 2023 Filing 10 ***INCORRECT EVENT. COUNSEL TO REFILE AS "SUMMONS RETURNED EXECUTED"***PROOF of service by Sauer Construction, LLC (Elder, Nicholas) Modified on 9/20/2023 (LSS).
September 18, 2023 Filing 9 RESPONSE re #7 Jurisdiction review filed by Sauer Construction, LLC. (Attachments: #1 Affidavit In Support Of Statement of Jurisdiction)(Elder, Nicholas) Modified to edit docket text on 9/19/2023 (HAI).
September 13, 2023 Filing 8 RETURN of Service Executed by Sauer Construction, LLC as to Hartford Casualty Insurance Company (Elder, Nicholas) Modified text on 9/13/2023 (BD).
September 5, 2023 Opinion or Order Filing 7 ORDERED: Plaintiff shall provide the Court with sufficient information so that it can determine whether it has subject matter jurisdiction over this action. See Order for details. Response due by 9/19/2023. Signed by Judge Marcia Morales Howard on 9/5/2023. (MHM)
September 5, 2023 Filing 6 NOTICE of Lead Counsel Designation by Nicholas J. Elder on behalf of Sauer Construction, LLC. Lead Counsel: Nicholas J. Elder. (Elder, Nicholas)
September 5, 2023 Filing 5 NOTICE TO COUNSEL Christopher Cobb and Nicholas Elder of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (ARL)
September 5, 2023 Filing 4 SUMMONS issued as to Hartford Casualty Insurance Company, Industrial Concrete, Inc. (ARL)
September 5, 2023 Filing 3 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW)
September 1, 2023 Filing 2 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Monte C. Richardson. New case number: 3:23-cv-1038-MMH-MCR. (ARC)
September 1, 2023 Filing 1 COMPLAINT against Hartford Casualty Insurance Company, Industrial Concrete Inc. (Filing fee $402 receipt number AFLMDC-21211432) filed by Sauer Consruction, LLC. (Attachments: #1 Civil Cover Sheet , #2 Exhibit A, #3 Exhibit B, #4 Proposed Summons - Hartford, #5 Proposed Summons - ICI)(Elder, Nicholas) Modified on 9/5/2023 as to docket text (ARL).

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Counter defendant: SAUER CONSTRUCTION, LLC
Represented By: Nicholas J. Elder
Represented By: Christopher Michael Cobb
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Counter claimant: INDUSTRIAL CONCRETE, INC.
Represented By: Julie Zolty
Represented By: Trevor B. Arnold
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Defendant: HARTFORD CASUALTY INSURANCE COMPANY
Represented By: Robert R. Warchola, Jr.
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Defendant: Federal Insurance Company
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Plaintiff: Sauer Incorporated
Represented By: Nicholas J. Elder
Represented By: Christopher Michael Cobb
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