GLF Construction Corporation v. FEDCON Joint Venture et al
| GLF Construction Corporation |
| Fedcon Joint Venture, David Boland, Inc., Western Surety Company and JT Construction Enterprise Corporation |
| Fidelity and Deposit Company of Maryland |
| 8:2017cv02650 |
| November 3, 2017 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| XX US, Outside State |
| Charlene Edwards Honeywell |
| Thomas G Wilson |
| Miller Act |
| 40 U.S.C. § 270 |
| None |
Docket Report
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This docket was last retrieved on May 10, 2018. A more recent docket listing may be available from PACER.
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| ALL FUTURE CASE PAPERS WILL BE ENTERED ON THE DOCKET SHEET FOR CASE #8:18-CV-1932-T-36AAS ONLY AND WILL BE FILED IN THAT CASE FILE. (CTR) |
| Cases associated: Create association to 8:17-cv-01932-CEH-AAS.. (CTR) |
Filing 76
ORDER: 1. The parties' Joint Motion to Adopt Case Management and Scheduling Order Entered In Case No. 8:17-cv-2650-36TGW and to Consolidate Cases for Trial (Doc. 42) is GRANTED. 2. Case Nos. 8:17-cv-1932-T-36AAS and 8:17-cv-2650-T-36TGW are hereby consolidated for all purposes, including trial. 3. The Clerk is directed to consolidate Case Nos. 8:17-cv-1932-T-36AAS and 8:17-cv-2650-T-36TGW. For purposes of consolidation, the lead case will be 8:17-cv-1932-T-36AAS. All subsequent filings shall be made in the lead case. Signed by Judge Charlene Edwards Honeywell on 5/9/2018. (BGS)
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| Filing 75 NOTICE by GLF Construction Corporation of Filing Joint Motion to Consolidate (Attachments: #1 Exhibit A)(Libanoff, Ira) |
| Filing 74 ANSWER and affirmative defenses to Complaint /Counterclaim by Fidelity and Deposit Company of Maryland.(Libanoff, Ira) |
| Filing 73 Answer/ REPLY to #66 Counterclaim by GLF Construction Corporation. Related document: #66 Counterclaim filed by Fedcon Joint Venture.(Libanoff, Ira) |
| Filing 72 RETURN of service executed on 02/26/2018 by Fedcon Joint Venture as to Fidelity and Deposit Company of Maryland. (Durkin, Denis) |
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Filing 71
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/11/2019, Dispositive motions due by 2/11/2019, Pretrial statement due by 5/21/2019, All other motions due by 5/28/2019, Final Pretrial Conference set for 6/18/2019 at 2:30 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell, Bench Trial set for term commencing 7/1/2019 in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. Conduct mediation hearing by 2/4/2019. Lead counsel to coordinate dates. Signed by Judge Charlene Edwards Honeywell on 2/27/2018. (BGS)
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Filing 70
ORDER granting #68 Motion to Appear Telephonically. Signed by Magistrate Judge Thomas G. Wilson on 2/26/2018. (Wilson, Thomas)
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| Filing 69 SUMMONS issued as to Fidelity and Deposit Company of Maryland. (CTR) |
| Filing 68 Joint MOTION to Appear Telephonically to Confer re: Case Management Conference by GLF Construction Corporation. (Libanoff, Ira) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 67 CASE MANAGEMENT REPORT. (Libanoff, Ira) |
| Filing 66 COUNTERCLAIM against Fidelity and Deposit Company of Maryland, and against GLF Construction Corporation filed by Fedcon Joint Venture. (Attachments: #1 Exhibit Subcontract Agreement, #2 Exhibit Performance Bond, #3 Exhibit Letter of April 7 2016, #4 Exhibit Change Order 15, #5 Exhibit Letter of 27 May 2016)(Durkin, Denis) |
| Filing 65 ANSWER and affirmative defenses to #1 Complaint by Western Surety Company.(Durkin, Denis) |
| Filing 64 ANSWER and affirmative defenses to #1 Complaint by David Boland, Inc., Fedcon Joint Venture, JT Construction Enterprise Corporation.(Durkin, Denis) |
| Filing 63 CORPORATE Disclosure Statement by David Boland, Inc., Fedcon Joint Venture, JT Construction Enterprise Corporation, Western Surety Company. (Durkin, Denis) |
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Filing 62
ORDER: 1. The Parties' Joint Motion and Stipulation #60 is GRANTED. 2. The Stipulation to Exhaust Administrate Remedies with Respect to Certain Claims, is recognized and approved by the Court. 3. The previously imposed stay is hereby lifted with regard to all claims, with the exception of the claims listed in the Joint Motion and Stipulation for which the parties have agreed to exhaust all administrative remedies. 4. The above-styled lawsuit is hereafter consolidated for purposes of discovery with Case No. 8:17-cv-01932-T-36AAS, which is pending before this Court. 5. The parties shall immediately confer and submit a case management report on or before February 20, 2018. Because this case is merely consolidated with Case No. 8:17-cv-1932-T-36AAS for discovery purposes, a Case Management and Scheduling Order needs to be entered in this case. 6. The deadline to file initial disclosures per the Case Management and Scheduling Order in Case No. 8:17-cv-01932-T-36AAS is extended to February 13, 2017. 7. Defendants, FEDCON JOINT VENTURE, DAVID BOLAND, INC, JT CONSTRUCTION ENTERPRISES CORPORATION, and WESTERN SURETY COMPANY shall respond to Plaintiff, GLF CONSTRUCTION CORPORATION'S ("GLF") Complaint in this matter within fourteen (14) days. 8. FEDCON will first proceed at trial on its claims against GLF in this matter (the 2.2 Lawsuit). Signed by Judge Charlene Edwards Honeywell on 2/6/2018. (BGS)
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Filing 61
ORDER granting #49 defendants' motion for Arthur J. Leith to appear pro hac vice; granting #50 defendants' motion for Sarah McMillan to appear pro hac vice. Signed by Magistrate Judge Thomas G. Wilson on 1/16/2018. (DMS)
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| Filing 60 Joint MOTION to Consolidate Cases for Purposes of Discovery, to Lift Stay, to Extend the Date for Initial Disclosures, and Stipulation to Exhaust Administrative Remedies with Respect to Specific Claims by GLF Construction Corporation. (Attachments: #1 Exhibit "A" - Proposed Order)(Libanoff, Ira) |
| Filing 59 CERTIFICATE of interested persons and corporate disclosure statement re #57 Interested persons order by GLF Construction Corporation. (Libanoff, Ira) |
| Filing 58 NOTICE of pendency of related cases per Local Rule 1.04(d) by GLF Construction Corporation. Related case(s): yes (Libanoff, Ira) |
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Filing 57
INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 12/6/2017. Signed by Judge Charlene Edwards Honeywell on 11/22/2017. (BGS)
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Filing 56
AMENDED RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 12/6/2017. Signed by Judge Charlene Edwards Honeywell on 11/22/2017. (BGS)
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| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Arthur H. Leith, appearing on behalf of David Boland, Inc., Fedcon Joint Venture, JT Construction Enterprise Corporation, Western Surety Company (Filing fee $150 receipt number TPA047293) Related document: #49 Unopposed MOTION for Arthur H. Leith to appear pro hac vice. (AG) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Sarah E. McMillan, appearing on behalf of David Boland, Inc., Fedcon Joint Venture, JT Construction Enterprise Corporation, Western Surety Company (Filing fee $150 receipt number TPA047293) Related document: #50 Unopposed MOTION for Sarah E. McMillan to appear pro hac vice. (AG) |
| Filing 55 Case Reassigned to Judge Charlene Edwards Honeywell. New case number: 8:17-cv-2650-T-36TGW. Judge Susan C Bucklew no longer assigned to the case. (AG) |
| Filing 54 NOTICE of compliance re 46 Order on motion to appear pro hac vice by GLF Construction Corporation (Guy, Matthew) |
| Filing 53 NOTICE of compliance re 46 Order on motion to appear pro hac vice by GLF Construction Corporation (Frilot, Mark) |
| Filing 52 NOTICE of Appearance by Robert Sowell on behalf of David Boland, Inc., Fedcon Joint Venture, JT Construction Enterprise Corporation, Western Surety Company (Sowell, Robert) |
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Filing 51
ENDORSED ORDER granting #48 Motion to transfer case to Judge Honeywell, with her consent, pursuant to Local Rule 1.04(b). The Clerk is directed to reassign this case to Judge Honeywell. Signed by Judge Susan C Bucklew on 11/20/2017. (JD)
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| Filing 50 Unopposed MOTION for Sarah E. McMillan to appear pro hac vice by All Defendants. (Attachments: #1 Exhibit)(Vitale, Michael) |
| Filing 49 Unopposed MOTION for Arthur H. Leith to appear pro hac vice by All Defendants. (Attachments: #1 Exhibit)(Vitale, Michael) |
| Filing 48 Joint MOTION to transfer case by GLF Construction Corporation. (Libanoff, Ira) |
| Filing 47 RESPONSE re #43 Order pdf Joint Response filed by GLF Construction Corporation. (Attachments: #1 Exhibit - A, #2 Exhibit - B, #3 Errata - C)(Libanoff, Ira) |
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Filing 46
ENDORSED ORDER granting #45 motion to appear pro hac vice. Mark Frilot and Matthew Guy are directed to sign up for CM/ECF, enter an email address in their CM/ECF accounts, and electronically file a notice of compliance with this Court's Order by 12/15/17. The Clerk is directed not to send paper copies to them after sending this Order. Signed by Judge Susan C Bucklew on 11/17/17. (JD)
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| Filing 45 Unopposed MOTION for to appear pro hac vice by GLF Construction Corporation. (Libanoff, Ira) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Matthew J. Guy, appearing on behalf of GLF Construction Corporation (Filing fee $150 receipt number TPA047023). (AG) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Mark W. Frilot, appearing on behalf of GLF Construction Corporation (Filing fee $150 receipt number TPA047023). (AG) |
| Filing 44 NOTICE of Appearance by Denis L. Durkin on behalf of David Boland, Inc., Fedcon Joint Venture, JT Construction Enterprise Corporation, Western Surety Company (Durkin, Denis) |
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Filing 43
ORDER directing the parties to file a response to this Order by November 17, 2017. Signed by Judge Susan C Bucklew on 11/6/2017. (JD)
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| Filing 42 NOTICE of designation under Local Rule 3.05 - Track 2 (MSS) |
| Filing 41 NOTICE to counsel Mark Wayne Frilot, Matthew J. Guy, Arthur H. Leith, Eric J. Simonson, and Sarah Elizabeth McMillan of Local Rule 2.02 (signed by deputy clerk). (JNB) |
| Filing 40 NOTICE to counsel of new case number and judge assignment 8:17-cv-2650-T-24TGW(signed by deputy clerk). (JNB) |
| Filing 39 Case transferred in from District of Louisiana Eastern; Case Number 2:16-cv-13022. File received electronically |
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Filing 38
ORDER AND REASONS granting #37 EXPARTE/CONSENT First MOTION to Transfer Case by GLF Construction Corporation. Case transferred to District of Middle District of Florida, Tampa Division. Signed by Judge Sarah S. Vance on 11/2/2017.(cg) [Transferred from laed on 11/3/2017.]
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| Filing 37 EXPARTE/CONSENT First MOTION to Transfer Case by GLF Construction Corporation. (Attachments: #1 Proposed Order)(Guy, Matthew) [Transferred from laed on 11/3/2017.] |
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Filing 36
ORDER AND REASONS denying #35 Motion to lift the stay in part and transfer. This matter remains administratively closed pending the stay. Signed by Judge Sarah S. Vance on 9/8/2017. (cg) [Transferred from laed on 11/3/2017.]
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| Filing 35 EXPARTE/CONSENT Joint MOTION To Partially Lift Stay, For Partial Transfer and Stipulation, by GLF Construction Corporation, and by David Boland, Inc., FEDCON Joint Venture, JT Construction Enterprise Corporation, Western Surety Company. (Attachments: #1 Proposed Order)(Leith, Arthur) [Transferred from laed on 11/3/2017.] |
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Filing 34
ORDER AND REASONS denying #26 Motion for Reconsideration. Signed by Judge Sarah S. Vance on 6/20/2017. (cg) [Transferred from laed on 11/3/2017.]
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| Filing 33 Statement of Corporate Disclosure by GLF Construction Corporation identifying Corporate Parent Grandi Lavori Fincosit, S.p.A. for GLF Construction Corporation (Guy, Matthew) [Transferred from laed on 11/3/2017.] |
| Filing 32 REPLY to Response to Motion filed by GLF Construction Corporation re #26 First MOTION for Reconsideration re #25 Order on Motion to Stay ; . (cg) [Transferred from laed on 11/3/2017.] |
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Filing 31
ORDER granting #30 Motion for Leave to File Reply. Signed by Judge Sarah S. Vance on 4/25/2017. (cg) [Transferred from laed on 11/3/2017.]
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| Filing 30 EXPARTE/CONSENT MOTION for Leave to File Reply in Further Support of Its Motion for Clarification and/or Reconsideration in Regard to the Court's Order and Reasons Dated March 7, 2017 by GLF Construction Corporation. (Attachments: #1 Reply in Further Support, #2 Proposed Order)(Guy, Matthew) [Transferred from laed on 11/3/2017.] |
| Filing 29 RESPONSE/MEMORANDUM in Opposition filed by All Defendants re #26 First MOTION for Reconsideration re #25 Order on Motion to Stay ; . (Attachments: #1 Exhibit 1)(Leith, Arthur) [Transferred from laed on 11/3/2017.] |
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Filing 28
ORDER Setting/Resetting Hearing on #26 First MOTION for Reconsideration re #25 Order on Motion to Stay. IT IS HEREBY ORDERED that the submission date for plaintiffs' motion is hereby continued to April 26, 2017. IT IS FURTHER ORDERED that memorandum in opposition, if any, shall be filed no later than April 12, 2017. Signed by Judge Sarah S. Vance on 4/5/2017.(cg) [Transferred from laed on 11/3/2017.]
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| Filing 27 EXPARTE/CONSENT MOTION to Continue Submission Date for Plaintiff's Motion for Clarification and/or Reconsideration in Regard to the Court's Order and Reasons Dated March 7, 2017 by David Boland, Inc., FEDCON Joint Venture, JT Construction Enterprise Corporation, Western Surety Company. (Attachments: #1 Proposed Order)(Leith, Arthur) [Transferred from laed on 11/3/2017.] |
| Filing 26 First MOTION for Reconsideration re #25 Order on Motion to Stay ; by GLF Construction Corporation. Motion(s) will be submitted on 4/12/2017. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Memorandum in Support, #4 Notice of Submission)(Guy, Matthew) [Transferred from laed on 11/3/2017.] |
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Filing 25
ORDER & REASONS granting #8 Motion to Stay. This matter is administratively closed pending the stay. Signed by Judge Sarah S. Vance on 3/7/2017. (mmm) [Transferred from laed on 11/3/2017.]
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| Filing 24 REPLY to Response to Motion filed by GLF Construction Corporation re #8 MOTION to Stay , Or, In The Alternative, For Extension of Time. (Attachments: #1 Exhibit)(mmm) [Transferred from laed on 11/3/2017.] |
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Filing 23
ORDER granting #22 Motion for Leave to File Surreply. Signed by Judge Sarah S. Vance on 2/13/2017. (mmm) [Transferred from laed on 11/3/2017.]
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| Filing 22 EXPARTE/CONSENT MOTION for Leave to File Surreply Brief and to Exceed Page Limits by GLF Construction Corporation. (Attachments: #1 Memorandum in Support of Motion for Leave, #2 Proposed Order, #3 Proposed Pleading Surreply in Opposition to Defendants' Motion to Stay, #4 Affidavit Declaration of Lorenzo Ellis, #5 Exhibit 1 to Surreply in Opposition, #6 Exhibit 2 to Surreply in Opposition)(Frilot, Mark) [Transferred from laed on 11/3/2017.] |
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Filing 21
ORDER granting #20 MOTION for Extension of Submission Date. Motion(s) will be submitted on 2/1/2017 as to #8 MOTION to Stay , Or, In The Alternative, For Extension of Time. Signed by Judge Sarah S. Vance on 1/9/2017.(mmm) [Transferred from laed on 11/3/2017.]
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| Filing 20 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #19 Reply to Response to Motion, and Extension of Submission Date by GLF Construction Corporation. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Frilot, Mark) [Transferred from laed on 11/3/2017.] |
| Filing 19 REPLY to Response to Motion filed by David Boland, Inc., FEDCON Joint Venture, JT Construction Enterprise Corporation, Western Surety Company re #8 MOTION to Stay , Or, In The Alternative, For Extension of Time. (Attachments: #1 Exhibit)(mmm) [Transferred from laed on 11/3/2017.] |
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Filing 18
ORDER granting #16 Motion for Leave to File Reply. Signed by Judge Sarah S. Vance on 1/5/2017. (mmm) [Transferred from laed on 11/3/2017.]
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| Filing 17 Correction of Docket Entry by Clerk re #16 MOTION for Leave to File. Filing attorney should have selected 'Y' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte motions are not set for submission. Clerk modified docket text to remove submission information and add 'Exparte'. (mmm) [Transferred from laed on 11/3/2017.] |
| Filing 16 EXPARTE MOTION for Leave to File Reply Memorandum in Support of Motion to Stay, Or, in the Alternative, for Extension of Time by David Boland, Inc., FEDCON Joint Venture, JT Construction Enterprise Corporation. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit No. 1, #4 Exhibit A to 1, #5 Exhibit B to 1, #6 Exhibit C to 1, #7 Exhibit D to 1)(Leith, Arthur) Modified text/submission on 1/4/2017 (mmm). [Transferred from laed on 11/3/2017.] |
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Filing 15
ORDER granting #13 MOTION to Continue Submission Date as to #8 MOTION to Stay , Or, In The Alternative, For Extension of Time. Motion(s) will be submitted on 1/4/2017. Signed by Judge Sarah S. Vance on 12/5/2016.(mmm) [Transferred from laed on 11/3/2017.]
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| Filing 14 Correction of Docket Entry by Clerk re #13 MOTION to Continue. This motion will be decided by the district judge. Clerk took corrective action. (mmm) [Transferred from laed on 11/3/2017.] |
| Filing 13 EXPARTE/CONSENT MOTION to Continue Submission Date for Defendants' Motion to Stay, Or in the Alternative For Extension of Time by David Boland, Inc., FEDCON Joint Venture, JT Construction Enterprise Corporation, Western Surety Company. (Attachments: #1 Proposed Order)(Leith, Arthur) Modified test/referral on 12/5/2016 (mmm). [Transferred from laed on 11/3/2017.] |
| Filing 12 RESPONSE/MEMORANDUM in Opposition filed by GLF Construction Corporation re #8 MOTION to Stay , Or, In The Alternative, For Extension of Time . (Attachments: #1 Exhibit 1, #2 Affidavit)(Frilot, Mark) [Transferred from laed on 11/3/2017.] |
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Filing 11
ORDER granting #9 Joint MOTION to Continue and Reset Submission Date as to #8 MOTION to Stay , Or, In The Alternative, For Extension of Time: Motion(s) will be submitted on 12/7/2016. Signed by Judge Sarah S. Vance on 10/24/2016.(mmm) [Transferred from laed on 11/3/2017.]
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| Filing 10 Correction of Docket Entry by Clerk re #9 Joint MOTION to Continue and Reset Submission Date.. This motion will be decided by the district judge. Clerk took corrective action. (mmm) [Transferred from laed on 11/3/2017.] |
| Filing 9 EXPARTE/CONSENT Joint MOTION to Continue and Reset Submission Date by GLF Construction Corporation and Defendants. (Attachments: #1 Proposed Order)(Frilot, Mark) Modified text/filers/submission on 10/21/2016 (mmm). [Transferred from laed on 11/3/2017.] |
| Filing 8 MOTION to Stay , Or, In The Alternative, For Extension of Time by David Boland, Inc., FEDCON Joint Venture, JT Construction Enterprise Corporation, Western Surety Company. Motion(s) will be submitted on 11/9/2016. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Notice of Submission)Attorney Sarah Elizabeth McMillan added to party David Boland, Inc.(pty:dft), Attorney Sarah Elizabeth McMillan added to party FEDCON Joint Venture(pty:dft), Attorney Sarah Elizabeth McMillan added to party JT Construction Enterprise Corporation(pty:dft), Attorney Sarah Elizabeth McMillan added to party Western Surety Company(pty:dft).(McMillan, Sarah) [Transferred from laed on 11/3/2017.] |
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Filing 7
ORDER granting #5 Motion to Appear Pro Hac Vice as to Jordan Scott Nadel. (Attachment(s) #1 Exhibit) Signed by Judge Sarah S. Vance on 10/11/2016. (mmm) [Transferred from laed on 11/3/2017.]
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Filing 6
ORDER granting #4 Motion to Appear Pro Hac Vice as to Ira Loren Libanoff. (Attachment(s) #1 Exhibit) Signed by Judge Sarah S. Vance on 10/11/2016. (mmm) [Transferred from laed on 11/3/2017.]
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| Filing 5 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Jordan S. Nadel) (Filing fee $ 100 receipt number 053L-5742924) by GLF Construction Corporation. (Attachments: #1 Proposed Order, #2 Affidavit of Jordan Nadel, #3 Certificate of Good Standing, #4 Attorney Registration Form)(Frilot, Mark) [Transferred from laed on 11/3/2017.] |
| Filing 4 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Ira L. Libanoff) (Filing fee $ 100 receipt number 053L-5742890) by GLF Construction Corporation. (Attachments: #1 Proposed Order, #2 Affidavit of Ira Libanoff, #3 Certificate of Good Standing, #4 Attorney Registration Form)(Frilot, Mark) [Transferred from laed on 11/3/2017.] |
| Filing 3 WAIVER OF SERVICE Returned Executed; waiver sent to Western Surety Company on 8/4/2016, answer due 10/3/2016. (Frilot, Mark) [Transferred from laed on 11/3/2017.] |
| Filing 2 Initial Case Assignment to Judge Sarah S. Vance and Magistrate Judge Karen Wells Roby. (jeg) [Transferred from laed on 11/3/2017.] |
| Filing 1 COMPLAINT against FEDCON Joint Venture, JT Construction Enterprise Corporation, Western Surety Company, David Boland Inc. (Filing fee $ 400 receipt number 053L-5579330) filed by GLF Construction Corporation. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Civil Cover Sheet)Attorney Mark Wayne Frilot added to party GLF Construction Corporation(pty:pla).(Frilot, Mark) Modified on 7/22/2016: Waiver of Service per Intake (mmm). [Transferred from laed on 11/3/2017.] Modified on 2/26/2018 (BGS). |
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