SMC Construction Southeast, LLC v. Claypool Holdings LLC
Plaintiff: SMC Construction Southeast, LLC
Defendant: Claypool Holdings LLC, d/b/a Merric MillWork & Seating
3Rd Party Plaintiff: Claypool Holdings LLC a Missouri limited liability company doing business as Merric Millwork & Seating
3Rd Party Defendant: Fidelity and Deposit Company of Maryland
Case Number: 6:2021cv00747
Filed: April 27, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Wendy W Berger
Referring Judge: Gregory J Kelly
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on June 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 25, 2021 Filing 18 ANSWER to #9 Answer to ComplaintThird Party ComplaintCounterclaim by Fidelity and Deposit Company of Maryland.(Smothers, Scott)
June 25, 2021 Filing 17 NOTICE of Appearance by Scott Andrew Smothers on behalf of Fidelity and Deposit Company of Maryland (Smothers, Scott)
June 11, 2021 Opinion or Order Filing 16 ENDORSED ORDER granting #15 Motion for Extension of Time to File. Signed by Magistrate Judge David A Baker on 6/11/2021. (Baker, David)
June 11, 2021 Reset deadline: Case management report due by 7/1/2021 (LDJ)
June 10, 2021 Filing 15 Joint MOTION for Extension of Time to File Uniform Case Management Report by Claypool Holdings LLC. (Maltby, Richard) Motions referred to Magistrate Judge Gregory J. Kelly.
May 26, 2021 Filing 14 NOTICE to counsel Mitchell L. Davis and Nathan Slaymaker of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. (Signed by Deputy Clerk). (LDJ) (copies emailed)
May 25, 2021 Filing 13 RESPONSE in Opposition re #8 MOTION to Dismiss for Failure to State a Claim Count II of Plaintiff's Complaint and Incorporated Memorandum of Law filed by SMC Construction Southeast, LLC. (Kest, Michael)
May 25, 2021 Filing 12 REPLY to #9 Counterclaim by SMC Construction Southeast, LLC. Related document: #9 Answer to ComplaintThird Party ComplaintCounterclaim filed by Claypool Holdings LLC.(Kest, Michael)
May 14, 2021 Filing 11 SUMMONS issued as to Fidelity and Deposit Company of Maryland. (LDJ)
May 4, 2021 Filing 10 PROPOSED summons to be issued by Claypool Holdings LLC. (Maltby, Richard)
May 4, 2021 Filing 9 ANSWER and affirmative defenses to Complaint with Jury Demand , THIRD PARTY COMPLAINT against Fidelity and Deposit Company of Maryland, COUNTERCLAIM against SMC Construction Southeast, LLC by Claypool Holdings LLC.(Maltby, Richard)
May 4, 2021 Filing 8 MOTION to Dismiss for Failure to State a Claim Count II of Plaintiff's Complaint and Incorporated Memorandum of Law by Claypool Holdings LLC. (Maltby, Richard)
May 4, 2021 Filing 7 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). (RMF)ctp
May 4, 2021 Opinion or Order Filing 6 NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 5/4/2021. (RMF)ctp
April 29, 2021 Opinion or Order Filing 5 ORDER Judge Kelly's Standing Order on Discovery. Signed by Magistrate Judge Gregory J. Kelly on 4/29/2021. (HMK)
April 28, 2021 Filing 4 NOTICE to counsel Mitchell L. Davis and Nathan Slaymaker of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. (Signed by Deputy Clerk). (LDJ)(copies emailed)
April 28, 2021 Filing 3 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Gregory J. Kelly. New case number: 6:21-cv-0747-WWB-GJK. (SJB)
April 27, 2021 Filing 2 NOTICE by Claypool Holdings LLC, d/b/a Merric MillWork & Seating re #1 Notice of Removal, JS 44 Civil Cover Sheet (Maltby, Richard)
April 27, 2021 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Orange County Circuit Court, case number 2021-CA-003172-O filed in State Court on 3/26/21. (Filing fee $ 402, receipt number AFLMDC-18185982) filed by Claypool Holdings LLC. (Attachments: #1 State Civil Cover Sheet, #2 State Court COMPLAINT, #3 State Court Docket Sheet, #4 State Court Other Documents)(Maltby, Richard) Modified text on 4/28/2021 (LDJ).

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Defendant: Claypool Holdings LLC, d/b/a Merric MillWork & Seating
Represented By: Richard Brian Maltby
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Plaintiff: SMC Construction Southeast, LLC
Represented By: Scott Andrew Smothers
Represented By: Michael Milward Kest
Represented By: Mitchell Davis
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3rd party plaintiff: Claypool Holdings LLC a Missouri limited liability company doing business as Merric Millwork & Seating
Represented By: Richard Brian Maltby
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3rd party defendant: Fidelity and Deposit Company of Maryland
Represented By: Scott Andrew Smothers
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