UNITED STATES OF AMERICA ET AL v. DICK CORPORATION ET AL
Plaintiff: UNITED STATES OF AMERICA
Defendant: DICK CORPORATION, CONTINENTAL INSURANCE COMPANY, CONTINENTAL CASUALTY COMPANY, M & B CONSTRUCTION MANAGEMENT, MICHAEL ALTON SMITH and SHAREN DARLENE SMITH
Case Number: 3:2008cv00056
Filed: February 13, 2008
Court: US District Court for the Northern District of Florida
Office: Pensacola Office
County: Escambia
Presiding Judge: MILES DAVIS
Presiding Judge: M CASEY RODGERS
Nature of Suit: Miller Act
Cause of Action: 28 U.S.C. ยง 1352 Miller Act
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
November 9, 2010 Opinion or Order Filing 675 ORDER denying the 539 Motion for Summary Judgment filed by UNITED STATES OF AMERICA, for the use and benefit of JAMES B. DONAGHEY, INC. Signed by District Judge M CASEY RODGERS on 11/9/2010. (djb)
October 9, 2009 Opinion or Order Filing 396 ORDER ADOPTING 382 Report and Recommendation. The 301 Motion to Amend/Correct the complaint is DENIED without prejudice to the filing of a renewed motion with a new proposed amended complaint as discussed at the hearing held on September 22, 2009 before Magistrate Judge Miles Davis. Signed by District Judge M CASEY RODGERS on 10/9/2009. (djb)
September 23, 2009 Opinion or Order Filing 382 REPORT AND RECOMMENDATION AND ORDER: The court held a hearing on September 22, 2009 to address this and numerous other pending motions. It is RECOMMENDED that the motion to amend/correct the complaint (doc. 301 ) be DENIED without prejudice to the filing of a renewed motion with a new proposed amended complaint as discussed at the hearing. It is ORDERED that: The motion seeking for court involvement (doc. 348 ) is GRANTED as set out in this order. The Supplemental Motion co ntained in the response by Sashco Security, Inc. (doc. 351 ) is DENIED. The motion to strike reply (doc. 346 ) is DENIED. The motion for default (doc. 315 ) is DENIED. The motion to withdraw (doc. 338 ) is DENIED as moot in light of the amended m otion at doc. 377. The amended motion to withdraw (doc. 377 ) is GRANTED. Mr. Crafton and Mr. Palmer are relieved from representation of Michael and Darlene Smith, and will continue as representatives of S&S Construction and M&B Construction. The mo tion for extension of time to amend (doc. 367 ) is GRANTED. The motions to amend/correct answer and add counterclaim (docs. 371 , 374 ) are GRANTED. The discovery and mediation deadlines will be extended by thirty days due to the disruption in the deposition schedule. Signed by MAGISTRATE JUDGE MILES DAVIS on 9/23/2009. (Internal deadline for referral to district judge if objections are not filed earlier: 10/21/2009), Discovery due by 5/31/2010, Dispositive Motions to be filed by 6/30/2010. (Mediation deadlines will be reset in separate entry) (djb)
August 31, 2009 Opinion or Order Filing 343 ORDER - Though counsel for ACIC filed an answer on behalf of Carolina Realty & Development Company, Carolina Realty presently is not represented by legal counsel. The court will allow 14 days for counsel to appear on behalf of Caro lina Realty. Should counsel fail to appear within the allotted time, Dick Corporation's motion for default (DOC. 315 ) will be granted. Signed by District Judge M CASEY RODGERS on 8/31/2009. (Notice of Appearance Deadline - by 9/14/2009.) (djb)
May 21, 2009 Opinion or Order Filing 275 ORDER: The 260 MOTION for Discovery Schedule/Plan is GRANTED as follows: The court finds that the Palmer Plan is reasonable, and it is adopted as the discovery scheduling order of this court. (see image) Signed by MAGISTRATE JUDGE MILES DAVIS on 5/21/2009. (djb)
April 27, 2009 Opinion or Order Filing 254 ORDER - The court this date conducted a scheduling conference in the above entitled, consolidated action. After consulting with all counsel in the case, attorney Robert Palmer -- on behalf of all of the parties -- will file no late r than May 11, 2009, a joint proposed scheduling plan. Any party opposing the proposed plan must file its specific objections, along with an alternate proposal, no later than May 11, 2009. Signed by District Judge M CASEY RODGERS on 4/27/2009. (Proposed Scheduling Plan Deadline - by 5/11/2009.) (djb)
January 20, 2009 Opinion or Order Filing 179 ORDER - GRANTED 163 Second MOTION to Withdraw as Attorney. Defendants shall have (30) days to retain substitute counsel. Should counsel fail to appear on behalf of defendants Michael Smith and Darlene Smith within the allotted ti me, the court will assume defendants have elected to proceed pro se. Should counsel fail to appear on behalf of defendants M&B Smith Construction Management, Inc., and S&S Construction Company, LLC, within the allotted time, the court will assume def endants have no intention of defending this action and default will be entered accordingly. Signed by District Judge M CASEY RODGERS on 1/20/2009. Attorney BRYAN ROBERT RENDZIO terminated. (Miscellaneous Deadline - by 2/19/2009.) (djb)
December 17, 2008 Opinion or Order Filing 148 ORDER - (1.) The terms of the 132 Stipulation are approved. (2.) Plaintiffs' demands for attorneys' fees in Counts III through VI of the First Amended Complaint [D.E. #27 in case 3:08-cv-226-MCR] are stricken. Signed by District Judge M CASEY RODGERS on 12/17/2008. (djb)
December 3, 2008 Opinion or Order Filing 126 ORDER - 1.) The clerk is directed to CONSOLIDATE the instant case with the cases: 3:08cv226/MCR, 3:08cv300/MCR, 3:08cv360/MCR, 3:08cv444/MCR, 3:08cv375/MCR, 3:08cv410/MCR. 2.) In the future all pleadings and papers sh all be filed in Case No. 3:08cv56/MCR. 3.) The clerk shall file a copy of this order in the docket for each of the cases listed above. 4.) The scheduling and mediation order entered June 19, 2008, and modified on September 2, 2008, in t he instant case (docs. 37 , 53 ) is VACATED; additionally, any such orders which may have been entered in the consolidated cases are likewise VACATED. 5.) The clerk shall refer this matter to the undersigned to schedule a Rule 16 conference. Cases associated. Signed by District Judge M CASEY RODGERS on 12/3/2008. (djb)
November 12, 2008 Opinion or Order Filing 107 ORDER granting 104 MOTION to Set Aside 84 Default filed by MICHAEL A SMITH. Defendant must file its response to plaintiff's 24 Amended Complaint within 10 days of this order. Defendant's counsel must also confer wi th plaintiff's counsel regarding discovery and Rule 26 and file with the court a proposed discovery plan within 10 days of filing its response. Signed by District Judge M CASEY RODGERS on 11/12/2008. (Answer to Amended Complaint due by 11/25/2008.) (djb)
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Search for this case: UNITED STATES OF AMERICA ET AL v. DICK CORPORATION ET AL
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Plaintiff: UNITED STATES OF AMERICA
Represented By: EDWARD P FLEMING
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Defendant: DICK CORPORATION
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Defendant: CONTINENTAL INSURANCE COMPANY
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Defendant: CONTINENTAL CASUALTY COMPANY
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Defendant: M & B CONSTRUCTION MANAGEMENT
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Defendant: MICHAEL ALTON SMITH
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Defendant: SHAREN DARLENE SMITH
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