The United States of America, for the use and benefit of High Point Electric & Fire, LLC et al v. Up-Side Management Company et al
| High Point Electric & Fire, LLC, High Point Concrete & Civil, LLC, The United States of America, for the use and benefit of High Point Electric & Fire, LLC and The United States of America, for the use and benefit of High Point Concrete & Civil, LLC |
| Up-Side Management Company, On-Point Risk Solutions, Inc. and Aegis Security Insurance Company |
| 3:2024cv00158 |
| February 12, 2024 |
| U.S. District Court for the Middle District of Florida |
| Marcia Morales Howard |
| Monte C Richardson |
| Miller Act |
| 40 U.S.C. § 3131 |
| None |
Docket Report
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| Filing 59 Unopposed MOTION to Amend #36 Amended Complaint and Stay Briefing on Defendant Up-Side Management Company, Inc.'s Partial Motion to Dismiss by High Point Concrete & Civil, LLC, High Point Electric & Fire, LLC, The United States of America, for the use and benefit of High Point Concrete & Civil, LLC, The United States of America, for the use and benefit of High Point Electric & Fire, LLC. (Gallagher, Scott) Motions referred to Magistrate Judge Monte C. Richardson. |
Filing 58
ENDORSED ORDER granting #56 Unopposed Motion for Special Admission. If John D. Bond, Esq., has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 4/3/2024. (JRC)
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Filing 57
ENDORSED ORDER granting #55 Unopposed Motion to Withdraw as Counsel. Chelsea A. Padgett, Esq., and Daniel S. Ward, Esq., are relieved of any further responsibilities as counsel for Plaintiffs in this matter, but they shall comply with all applicable obligations on withdrawing counsel, including any applicable Bar rules. Signed by Magistrate Judge Monte C. Richardson on 4/3/2024. (JRC)
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| Filing 56 Unopposed MOTION for John D. Bond, III to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21934064 for $150 by All Plaintiffs. (Gallagher, Scott) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 55 Unopposed MOTION for Chelsea Padgett and Daniel Ward to Withdraw as Attorney by All Plaintiffs. (Padgett, Chelsea) Motions referred to Magistrate Judge Monte C. Richardson. |
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Filing 54
ENDORSED ORDER granting #53 ] Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendant Up-Side Management Company's Partial Motion to Dismiss. Plaintiffs' response is due on or before April 11, 2024. Signed by Magistrate Judge Monte C. Richardson on 3/29/2024. (HW)
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| Filing 53 MOTION for Extension of Time to File Response/Reply as to #43 MOTION to Dismiss Second Amended Complaint by High Point Concrete & Civil, LLC, High Point Electric & Fire, LLC, The United States of America, for the use and benefit of High Point Concrete & Civil, LLC, The United States of America, for the use and benefit of High Point Electric & Fire, LLC. (Gallagher, Scott) Motions referred to Magistrate Judge Monte C. Richardson. |
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Filing 52
ENDORSED ORDER granting #51 Plaintiffs' Unopposed Motion for Extension of Time to File Case Management Report. The parties shall file the case management report on or before April 15, 2024. Signed by Magistrate Judge Monte C. Richardson on 3/26/2024. (HW)
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| Filing 51 Unopposed MOTION for Extension of Time to File Case Management Report by High Point Concrete & Civil, LLC, High Point Electric & Fire, LLC, The United States of America, for the use and benefit of High Point Concrete & Civil, LLC, The United States of America, for the use and benefit of High Point Electric & Fire, LLC. (Gallagher, Scott) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 50 CORPORATE Disclosure Statement by Up-Side Management Company. (Gregory, Geremy) |
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Filing 49
ENDORSED ORDER granting #47 and #48 Motions to Appear Pro Hac Vice. If Sam C. Kidd Esq., and Kimberly J. Willis Esq., have not already done so, they shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 3/15/2024. (HW)
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| Filing 48 Unopposed MOTION for Kimberly J. Willis to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21871230 for $150 by Up-Side Management Company. (Gregory, Geremy) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 47 Unopposed MOTION for Sam C Kidd to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21871193 for $150 by Up-Side Management Company. (Gregory, Geremy) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 46 NOTICE of Lead Counsel Designation by Scott Stephen Gallagher on behalf of High Point Concrete & Civil, LLC, High Point Electric & Fire, LLC, The United States of America, for the use and benefit of High Point Concrete & Civil, LLC, The United States of America, for the use and benefit of High Point Electric & Fire, LLC. Lead Counsel: Scott S. Gallagher. (Gallagher, Scott) |
| Filing 45 ANSWER and affirmative defenses to #36 Amended Complaint by Aegis Security Insurance Company.(Mazariego, Jessica) |
| Filing 44 NOTICE of Appearance by Scott Stephen Gallagher on behalf of High Point Concrete & Civil, LLC, High Point Electric & Fire, LLC, The United States of America, for the use and benefit of High Point Concrete & Civil, LLC, The United States of America, for the use and benefit of High Point Electric & Fire, LLC (Gallagher, Scott) |
| Filing 43 MOTION to Dismiss Second Amended Complaint by Up-Side Management Company. (Gregory, Geremy) |
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Filing 42
ENDORSED ORDER granting #40 Unopposed Motion for Special Admission. If Shaun C. Kennedy, Esq., has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 3/5/2024. (HW)
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| Filing 41 NOTICE of Lead Counsel Designation by Geremy Walden Gregory on behalf of Up-Side Management Company. Lead Counsel: Geremy Gregory. (Gregory, Geremy) |
| Filing 40 Unopposed MOTION for Shaun C. Kennedy to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21830905 for $150 by Up-Side Management Company. (Gregory, Geremy) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 39 NOTICE TO COUNSEL Daniel Sage Ward, Chelsea Ann Padgett, Richard Stanislaw Frankowski, Griffin Lane Knight, and Geremy Walden Gregory 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). (GL) |
| Filing 38 SECOND NOTICE TO COUNSEL Richard Stanislaw Frankowski and Griffin Lane Knight 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; (Signed by Deputy Clerk). (GL) |
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Filing 37
ENDORSED ORDER granting #35 Unopposed Motion for Special Admission. If Daniel S. Ward, Esq has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 2/28/2024. (HW)
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| Filing 36 SECOND AMENDED COMPLAINT against Aegis Security Insurance Company, Up-Side Management Company filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Padgett, Chelsea) (Modified on 2/28/2024, to edit text) (BGR). |
| Filing 35 Consent MOTION for Daniel S. Ward to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21798486 for $150 by All Plaintiffs. (Padgett, Chelsea) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 34 NOTICE of Appearance by Geremy Walden Gregory on behalf of Up-Side Management Company (Gregory, Geremy) |
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Filing 33
ENDORSED ORDER granting #30 Motion to Withdraw as Attorney. 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 2/20/2024. (HW)
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| Filing 32 CERTIFICATE of interested persons and corporate disclosure statement by Aegis Security Insurance Company. (Mazariego, Jessica) |
| Filing 31 NOTICE of Lead Counsel Designation by Jessica Skoglund Mazariego on behalf of Aegis Security Insurance Company. Lead Counsel: Alberta L. Adams. (Mazariego, Jessica) |
| Filing 30 MOTION for Joshua K. Chesser to Withdraw as Attorney from Case and Request to Stop Electronic Notice by Aegis Security Insurance Company. (Adams, Alberta) Motions referred to Magistrate Judge Monte C. Richardson. |
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Filing 29
ORDER striking #13 Amended Complaint. Plaintiffs shall file a second amended complaint consistent with the directives of this Order on or before February 27, 2024. See Order for details. Signed by Judge Marcia Morales Howard on 2/13/2024. (MHM)
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| Filing 28 NOTICE of Appearance by Alberta L. Adams on behalf of Aegis Security Insurance Company (Adams, Alberta) |
| Filing 27 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) |
| Filing 26 NOTICE TO COUNSEL Joshua K Chesser, Daniel Sage Ward, Richard Stanislaw Frankowski, Griffin Lane Knight 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). (AJS) |
| Filing 25 TRANSFER IN from the Middle District of Alabama. Case assigned to District Judge Marcia Morales Howard and Magistrate Judge Monte C. Richardson. New Case Number: 3:24-cv-158-MMH-MCR. (MDC) |
| Filing 24 Case transferred in from District of Alabama Middle; Case Number 1:23-cv-00608. File received electronically |
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Filing 23
ORDER: it is ORDERED that U-SMC's #18 unopposed Motion to Transfer Pursuant to 28 USC 1404 is GRANTED and that this case is TRANSFERRED to the US District Court for the Middle District of Florida. The Clerk of the Court is DIRECTED to effectuate the transfer. Signed by Magistrate Judge Stephen Michael Doyle on 2/9/2024. (BES) [Transferred from almd on 2/12/2024.]
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| Case transferred to Middle District of Florida. Electronically transferred via CM/ECF to Clerk. (BES) [Transferred from almd on 2/12/2024.] |
| ***Attorney Joshua K Chesser added for Aegis Security Insurance Company. (DMN) (no pdf, see Doc. #22) [Transferred from almd on 2/12/2024.] |
| Filing 22 NOTICE OF JOINDER AND CONSENT TO TRANSFER re #18 MOTION to Change Venue by Aegis Security Insurance Company. (Chesser, Joshua) Modified on 2/1/2024 to clarify text. (DMN). [Transferred from almd on 2/12/2024.] |
| Filing 21 NOTICE of Assignment to Magistrate Judge sent to counsel for Up-Side Management Company. (DMN) [Transferred from almd on 2/12/2024.] |
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Filing 20
TEXT ORDER: Upon consideration of the Motion for Extension of Time (Doc. #19), it is ORDERED that the motion is GRANTED. Defendant may respond to the complaint within 14 days of the Court entering an order disposing of the #18 Motion to Change Venue. Signed by Magistrate Judge Stephen Michael Doyle on 1/25/2024.(DMN) (no pdf) [Transferred from almd on 2/12/2024.]
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| Filing 19 UNOPPOSED MOTION for Extension of Time to File Answer Or Otherwise Respond to the Complaint by Up-Side Management Company. (Knight, Griffin) Modified on 1/26/2024 to clarify text. (DMN) [Transferred from almd on 2/12/2024.] |
| Filing 18 MOTION to Change Venue by Up-Side Management Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Knight, Griffin) [Transferred from almd on 2/12/2024.] |
| Filing 17 NOTICE of Voluntary Dismissal by High Point Concrete & Civil, LLC, High Point Electric & Fire, LLC, The United States of America, for the use and benefit of High Point Concrete & Civil, LLC, The United States of America, for the use and benefit of High Point Electric & Fire, LLC (Ward, Daniel) [Transferred from almd on 2/12/2024.] |
| Filing 16 WAIVER OF SERVICE Returned Executed by The United States of America, for the use and benefit of High Point Concrete & Civil, LLC, High Point Electric & Fire, LLC, The United States of America, for the use and benefit of High Point Electric & Fire, LLC, High Point Concrete & Civil, LLC. Up-Side Management Company waiver sent on 12/19/2023, answer due 2/20/2024. (Ward, Daniel) [Transferred from almd on 2/12/2024.] |
| Filing 15 AFFIDAVIT of Service for Complaint and Summons served on Aegis Security Insurance Company on 01/05/2024, filed by High Point Concrete & Civil, LLC, High Point Electric & Fire, LLC, The United States of America, for the use and benefit of High Point Concrete & Civil, LLC, The United States of America, for the use and benefit of High Point Electric & Fire, LLC. (Ward, Daniel) [Transferred from almd on 2/12/2024.] |
| Filing 14 Summons Issued as to Aegis Security Insurance Company.NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (BES) [Transferred from almd on 2/12/2024.] |
| Filing 13 AMENDED COMPLAINT against Up-Side Management Company, Aegis Security Insurance Company, filed by All Plaintiffs. (Attachments: #1 Exhibit A Bond, #2 Exhibit B Bond, #3 Exhibit C Bond, #4 Proposed Summons) (Frankowski, Richard) (Attachment 4 replaced on 1/5/2024 to remove ability to edit PDF) (BES). Modified on 1/5/2024 (BES). [Transferred from almd on 2/12/2024.] |
| Filing 12 BRIEF/MEMORANDUM in Support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by On-Point Risk Solutions, Inc.. (Attachments: #1 Exhibit 1 - Payment Bond)(Chesser, Joshua) [Transferred from almd on 2/12/2024.] |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by On-Point Risk Solutions, Inc.. (Chesser, Joshua) [Transferred from almd on 2/12/2024.] |
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Filing 10
TEXT ORDER granting #9 Motion for Raymond J. Hawthorne, Jr. to Withdraw as Attorney. Signed by Magistrate Judge Stephen Michael Doyle on 11/13/2023. (No PDF attached to this entry) (bes, ) [Transferred from almd on 2/12/2024.]
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| ***PURSUANT TO THE 10 TEXT ORDER - Attorney Raymond J. Hawthorne, Jr terminated for all PLFs. (No PDF attached to this entry) (bes, ) [Transferred from almd on 2/12/2024.] |
| Filing 9 MOTION to Withdraw as Attorney by High Point Concrete & Civil, LLC, High Point Electric & Fire, LLC. (Hawthorne, Raymond) [Transferred from almd on 2/12/2024.] |
| Filing 8 Corporate/Conflict Disclosure Statement by High Point Concrete & Civil, LLC, High Point Electric & Fire, LLC (Frankowski, Richard) [Transferred from almd on 2/12/2024.] |
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Filing 7
TEXT ORDER: Upon consideration of the #6 Motion for Daniel Sage Ward to Appear Pro Hac Vice, is it ORDERED that the motion is GRANTED. Signed by Magistrate Judge Stephen Michael Doyle on 10/30/2023. (No PDF attached to this entry) (bes, ) [Transferred from almd on 2/12/2024.]
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| ***PURSUANT TO THE #6 PHV MOTION - Attorney Daniel Sage Ward for High Point Concrete & Civil, LLC, High Point Electric & Fire, LLC, for The United States of America, for the use and benefit of High Point Concrete & Civil, LLC, & for The United States of America, for the use and benefit of High Point Electric & Fire, LLC added. (No PDF attached to this entry) (bes, ) [Transferred from almd on 2/12/2024.] |
| Filing 6 Motion to Appear Pro Hac Vice for Attorney Daniel S. Ward ( Filing fee $ 75 receipt number AALMDC-3528926.) by High Point Concrete & Civil, LLC, High Point Electric & Fire, LLC, The United States of America, for the use and benefit of High Point Electric & Fire, LLC, The United States of America, for the use and benefit of High Point Concrete & Civil, LLC. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Cert of Good Standing)(Frankowski, Richard) Modified on 10/30/2023 to clarify text (bes, ). [Transferred from almd on 2/12/2024.] |
| Filing 5 Summons Issued as to On-Point Risk Solutions, Inc., Up-Side Management Company.NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (bes, ) [Transferred from almd on 2/12/2024.] |
| Filing 4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to High Point Electric & Fire, LLC, High Point Concrete & Civil, LLC, The United States of America, for the use and benefit of High Point Electric & Fire, LLC, The United States of America, for the use and benefit of High Point Concrete & Civil, LLC; Corporate Disclosures due by 10/30/2023. (Attachments: #1 Standing Order and Sample Format)(bes, ) [Transferred from almd on 2/12/2024.] |
| Filing 3 NOTICE of Assignment to Magistrate Judge sent to counsel for (ALL PLFS) High Point Concrete & Civil, LLC, High Point Electric & Fire, LLC, The United States of America, for the use and benefit of High Point Concrete & Civil, LLC, The United States of America, for the use and benefit of High Point Electric & Fire, LLC (bes, ) [Transferred from almd on 2/12/2024.] |
| Filing 2 Case assigned to Magistrate Judge Stephen Michael Doyle as Presiding Judge. (bes, ) [Transferred from almd on 2/12/2024.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AALMDC-3520904.), filed by All Plaintiffs. 90 day Rule 4m deadline set for 1/11/2024. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons: Up-Side Management Company, #3 Proposed Summons: On-Point Risk Solutions, Inc.)(Hawthorne, Raymond) [Transferred from almd on 2/12/2024.] |
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