The United States of America, for the use of Midsouth Paving, Inc. v. Up-Side Management Company, Inc., et al
| The United States of America, for the use of Midsouth Paving, Inc. |
| Up-Side Management Company, Inc. and Aegis Security Insurance Corporation |
| 3:2024cv00144 |
| February 7, 2024 |
| U.S. District Court for the Middle District of Florida |
| Henry Lee Adams |
| Monte C Richardson |
| Miller Act |
| 40 U.S.C. § 3131 |
| None |
Docket Report
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| Filing 53 RESPONSE in Opposition re #36 MOTION to Dismiss Count II filed by The United States of America, for the use of Midsouth Paving, Inc.. (Maloney, Christopher) |
Filing 52
CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Amended Pleadings and Joinder of Parties due by 6/7/2024; Plaintiff disclosure of expert report due by 7/8/2024; Defendant disclosure of expert report due by 7/22/2024; Discovery due by 9/3/2024; Dispositive motions due by 10/1/2024; Conduct mediation hearing by 12/20/2024; Final Pretrial Conference set for 2/25/2025 at 11:00 AM in Jacksonville Courtroom 10 A before Senior Judge Henry Lee Adams, Jr.; Bench Trial set for trial term commencing 4/7/2025 at 09:30 AM in Jacksonville Courtroom 10 A before Senior Judge Henry Lee Adams. Jr. Signed by Senior Judge Henry Lee Adams, Jr. on 3/20/2024. (MO)
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Filing 51
ENDORSED ORDER granting #49 Motion to Withdraw. Michael S. Kelly, Esq., is relieved of any further responsibility as counsel for Midsouth Paving, Inc., in this matter, but he shall comply with all applicable obligations on withdrawing counsel, including any applicable Bar rules. Signed by Magistrate Judge Monte C. Richardson on 3/18/2024. (HW)
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| Filing 50 CASE MANAGEMENT REPORT. (Maloney, Christopher) |
| Filing 49 MOTION for Michael S. Kelly to Withdraw as Attorney by The United States of America, for the use of Midsouth Paving, Inc. (Maloney, Christopher) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 3/8/2024 to edit docket text (AJS). |
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Filing 48
ENDORSED ORDER granting #47 Motion for Extension of Time to File Response to Motion to Dismiss. Plaintiff shall have until March 22, 2024, to respond to Defendant Up-Side's Partial Motion to Dismiss Count II. Signed by Senior Judge Henry Lee Adams, Jr. on 3/6/2024. (MO)
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| Filing 47 Unopposed MOTION for Extension of Time to File Response to Motion to Dismiss by The United States of America, for the use of Midsouth Paving, Inc. (Maloney, Christopher) (Modified on 3/6/2024, to edit text) (BGR). |
| Filing 46 NOTICE of Appearance by Christopher Ryan Maloney on behalf of The United States of America, for the use of Midsouth Paving, Inc. (Maloney, Christopher) |
| Filing 45 ANSWER and affirmative defenses to #1 Complaint by Aegis Security Insurance Corporation.(Mazariego, Jessica) |
| Filing 44 NOTICE of Appearance by Sarah Donini Rodriguez on behalf of The United States of America, for the use of Midsouth Paving, Inc. (Rodriguez, Sarah) |
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Filing 43
ENDORSED ORDER granting #41 Motion for Extension of Time to Answer. Aegis Security Insurance Corporation answer or response due 3/4/2024. Signed by Magistrate Judge Monte C. Richardson on 2/22/2024. (HW)
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Filing 42
ENDORSED ORDER granting #39 Motion to Withdraw. Joshua K. Chesser, Esq., is relieved of any further responsibility as counsel for Defendant in this matter, but he shall comply with all applicable obligations on withdrawing counsel, including any applicable Bar rules. Signed by Magistrate Judge Monte C. Richardson on 2/21/2024. (HW)
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| Filing 41 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Aegis Security Insurance Corporation. (Mazariego, Jessica) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 40 SUPPLEMENT re #36 MOTION to Dismiss Count II by Up-Side Management Company, Inc. (Gregory, Geremy) Modified on 2/21/2024 to edit docket text (EAM). |
| Filing 39 MOTION for Joshua K. Chesser to Withdraw as Attorney and Request to Stop Electronic Notice by Aegis Security Insurance Corporation. (Adams, Alberta) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 38 CORPORATE Disclosure Statement by Aegis Security Insurance Corporation. (Mazariego, Jessica) |
| Filing 37 NOTICE of Lead Counsel Designation by Jessica Skoglund Mazariego on behalf of Aegis Security Insurance Corporation. Lead Counsel: Alberta L. Adams. (Mazariego, Jessica) |
| Filing 36 MOTION to Dismiss Count II by Up-Side Management Company, Inc.. (Gregory, Geremy) |
| Filing 35 NOTICE TO COUNSEL Griffin Lane Knight, Joshua K Chesser, Michael Scott Kelly, Sean William Shirley, Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (ELM) |
| Filing 34 NOTICE of Appearance by Alberta L. Adams on behalf of Aegis Security Insurance Corporation (Adams, Alberta) |
| Filing 33 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). (MO) |
| Filing 32 NOTICE TO COUNSEL Shaun Kennedy Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (ARL) |
| Filing 31 TRANSFER IN from the Middle District of Alabama. Case assigned to District Judge Henry Lee Adams, Jr. and Magistrate Judge Monte C. Richardson. New Case Number: 3:24-cv-144-HLA-MCR. (MDC) |
| Filing 30 Case transferred in from District of Alabama Middle; Case Number 1:23-cv-00597. File received electronically |
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Filing 29
ORDER: it is ORDERED that, 1. Defendant Up-Side Management Company, Inc.'s #11 Motion to Transfer Under 28 U.S.C. 1404(a) is GRANTED; 2. Defendant Aegis Security Insurance Company's #13 Motion to Transfer Under 28 U.S.C. 1404(a) is GRANTED; 3. This action is hereby TRANSFERRED to the United States District for the Middle District of Florida, Jacksonville Division. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/7/2024. (AM) [Transferred from almd on 2/7/2024.]
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| Case transferred to Middle District of Florida, Jacksonville Division. Electronically transferred via CM/ECF to Clerk. (AM) [Transferred from almd on 2/7/2024.] |
| Filing 28 Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Motion Hearing held on 1/17/2024 re #13 MOTION to Transfer Under 28 USC1404(a) as to Aegis Security Insurance Corporation, #11 MOTION to Transfer Under 28 USC 1404 as to Up-Side Management Company, Inc. (PDF available for court use only). (Court Reporter Patricia Starkie, 334.322.8053, patricia_starkie@almd.uscourts.gov.) (WW) [Transferred from almd on 2/7/2024.] |
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Filing 27
TEXT ORDER: For good cause, it is ORDERED that the January 17, 2024, telephone hearing on the motions for transfer (docs. #11, #13) is RESET from 3:00 PM to 9:00 AM (Central). Signed by Honorable Judge R. Austin Huffaker, Jr on 1/9/2024. (furn: calendar, ww, lw) (no pdf attached)(CWL) [Transferred from almd on 2/7/2024.]
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| Filing 26 RESPONSE in Support re #11 MOTION to Transfer Under 28 USC 1404 filed by Up-Side Management Company, Inc.. (Knight, Griffin) [Transferred from almd on 2/7/2024.] |
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Filing 25
TEXT ORDER: A telephone hearing regarding the #11 & #13 Motions for Transfer is SET for 1/17/2024 at 3:00 PM (CT); The Courtroom Deputy will contact counsel with the call-in information. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/21/2023. (NO PDF attached to this entry)(ALM) [Transferred from almd on 2/7/2024.]
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Filing 24
TEXT ORDER: For good cause, Defendant's #23 Motion for Leave to File Reply is GRANTED; Defendants shall file their reply on or before 12/22/2023. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/21/2023. (NO PDF attached to this entry) (am, ) [Transferred from almd on 2/7/2024.]
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| Filing 23 MOTION for Leave to File Reply in Support of Motion to Transfer by Up-Side Management Company, Inc.. (Attachments: #1 Exhibit Reply in Support of Motion to Transfer)(Knight, Griffin) [Transferred from almd on 2/7/2024.] |
| Filing 22 Case reassigned to Honorable Judge R. Austin Huffaker, Jr as presiding judge and Magistrate Judge Stephen Michael Doyle, as referral judge; Magistrate Judge Stephen Michael Doyle no longer assigned to the case as presiding judge. (am, ) [Transferred from almd on 2/7/2024.] |
| Filing 21 RESPONSE to 17 Order to Show Cause, filed by The United States of America, for the use of Midsouth Paving, Inc.. (Kelly, Michael) Modified on 12/20/2023 to clarify tex (ALM). [Transferred from almd on 2/7/2024.] |
| Filing 20 Corporate/Conflict Disclosure Statement by Up-Side Management Company, Inc. re #16 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Knight, Griffin) [Transferred from almd on 2/7/2024.] |
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Filing 19
ORDER: It is ORDERED that any party wishing to provide such consent must complete the form and submit it to the Clerk of Court by 12/19/2023, as further set out in Order. Signed by Magistrate Judge Stephen Michael Doyle on 12/8/2023. (am, ) [Transferred from almd on 2/7/2024.]
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| Filing 18 Conflict Disclosure Statement re #15 Notice of Deficiency by Aegis Security Insurance Corporation . (Chesser, Joshua) Modified on 12/11/2023 to remove incorrect linkage/add correct linkage & clarify text(am, ). [Transferred from almd on 2/7/2024.] |
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Filing 17
TEXT ORDER: Upon consideration of the #13 Motion to Transfer, it is ORDERED that, on or before 12/19/2023, Plaintiff shall SHOW CAUSE, if any there be, why the motion should not be granted. Signed by Magistrate Judge Stephen Michael Doyle on 12/8/2023. (NO PDF attached to this entry)(am, ) [Transferred from almd on 2/7/2024.]
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| Filing 16 SECOND Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Up-Side Management Company, Inc.; Corporate Disclosures due by 12/18/2023. (Attachments: #1 Standing Order and Sample Format)(am, ) [Transferred from almd on 2/7/2024.] |
| Filing 15 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Aegis Security Insurance Corporation; Corporate Disclosures due by 12/18/2023. (Attachments: #1 Standing Order and Sample Format)(am, ) [Transferred from almd on 2/7/2024.] |
| Filing 14 NOTICE of Assignment to Magistrate Judge sent to counsel for Aegis Security Insurance Corporation. (am, ) [Transferred from almd on 2/7/2024.] |
| Filing 13 MOTION to Transfer Under 28 USC1404(a) by Aegis Security Insurance Corporation. (Chesser, Joshua) Modified on 12/7/2023 to correct motion event & clarify text (am, ). [Transferred from almd on 2/7/2024.] |
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Filing 12
TEXT ORDER: Upon consideration of the #11 Motion to Change Venue, it is ORDERED that, on or before 12/19/2023, Plaintiff shall SHOW CAUSE, if any there be, why the motion should not be granted. Signed by Magistrate Judge Stephen Michael Doyle on 11/28/2023. (NO PDF attached to this entry) (am, ) [Transferred from almd on 2/7/2024.]
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| Filing 11 MOTION to Transfer Under 28 USC 1404 by Up-Side Management Company, Inc.. (Knight, Griffin) Modified on 11/28/2023 to clarify text (am, ). [Transferred from almd on 2/7/2024.] |
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Filing 10
TEXT ORDER: Upon consideration of the unopposed motion for extension of time (Doc. #7), it is ORDERED that the motion is GRANTED. Defendant Up-Side Management Company, Inc. may answer or otherwise respond on or before November 27, 2023. Signed by Magistrate Judge Stephen Michael Doyle on 11/13/2023. (no pdf attached) (cwl, ) [Transferred from almd on 2/7/2024.]
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| Filing 9 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Up-Side Management Company, Inc. Corporate Disclosures due by 11/24/2023. (Attachments: #1 Standing Order and Sample Format)(cwl, ) [Transferred from almd on 2/7/2024.] |
| Filing 8 NOTICE of Assignment to Magistrate Judge sent to counsel for (DEF) Up-Side Management Company, Inc. (cwl, ) [Transferred from almd on 2/7/2024.] |
| ***PURSUANT TO #7 MOTION - Attorney Shaun Christopher Kennedy for Up-Side Management Company, Inc. added. (no pdf attached) (cwl, ) [Transferred from almd on 2/7/2024.] |
| Filing 7 MOTION for Extension of Time to File Answer re #1 Complaint, Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Up-Side Management Company, Inc.. (Shirley, Sean) [Transferred from almd on 2/7/2024.] |
| Filing 6 Summons Issued as to Aegis Security Insurance Corporation, Up-Side Management Company, Inc. NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (am, ) [Transferred from almd on 2/7/2024.] |
| Filing 5 Proposed Summons (Kelly, Michael) [Transferred from almd on 2/7/2024.] |
| Filing 4 NOTICE to Counsel re: Service Material. (am, ) [Transferred from almd on 2/7/2024.] |
| Filing 3 NOTICE of Assignment to Magistrate Judge sent to counsel for The United States of America, for the use of Midsouth Paving, Inc. (am, ) [Transferred from almd on 2/7/2024.] |
| Filing 2 Case Assigned to Magistrate Judge Stephen Michael Doyle. (am, ) [Transferred from almd on 2/7/2024.] |
| Conflict Disclosure Statement by The United States of America, for the use of Midsouth Paving, Inc. (NO PDF - See doc #1) (am, ) [Transferred from almd on 2/7/2024.] |
| Filing 1 COMPLAINT against Up-Side Management Company, Inc., Aegis Security Insurance Corporation ( Filing fee $ 402 receipt number AALMDC-3517941.), filed by The United States of America, for the use of Midsouth Paving, Inc.. 90 day Rule 4m deadline set for 1/8/2024. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplement Conflict Disclosure Statement, #3 Exhibit Exhibit A - Subcontract, #4 Exhibit Exhibit B - Payment Bond)(Kelly, Michael)[Transferred from almd on 2/7/2024.] |
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