Kingston Environmental Services, Inc., United States for the use and benefit of v. David Boland, Inc.
| Kingston Environmental Services, Inc., United States for the use and benefit of and Kingston Environmental Services, Inc. |
| David Boland, Inc., Western Surety Company, Granite Precasting & Concrete, Inc. and Hawaii Geophysical Services, LLC |
| Berkely Regional Insurance Company |
| 1:2016cv00205 |
| April 29, 2016 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| WES REBER PORTER |
| RICHARD L PUGLISI |
| DERRICK K WATSON |
| Miller Act |
| 40 U.S.C. § 270 |
| Plaintiff |
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| Filing 200 STIPULATION FOR DISMISSAL OF ALL CLAIMS AND PARTIES AND ORDER by Kingston Environmental Services, Inc., Berkely Regional Insurance Company. Pursuant to Rules 41(a)(1)(A) and 41(c) of the Federal Rules of Civil Procedure: (1) a valid and enforceable settlement agreement has been reached that settles and concludes this action; (2) the claims and counterclaims asserted by Boland in this action are hereby DISMISSED WITH PREJUDICE; and (3) the claims and counterclaims asserted by Kingston in this action are hereby DISMISSED WITH PREJUDICE, with the exception of the claims identified in paragraph 4(1), (2) & (3) of the Settlement and Release Agreement dated 01/29/2020 which are DISMISSED WITHOUT PREJUDICE. (emt, ) |
| Filing 199 TRANSCRIPT of Proceedings (SETTLEMENT CONFERENCE) held on December 19, 2019, before Judge Porter. Court Reporter/Transcriber - Jessica Cahill, Telephone number - (808)298-8633,Email Address - maukele@hawaii.rr.com. PP. - 10 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 1/31/2020. Redacted Transcript Deadline set for 2/10/2020. Release of Transcript Restriction set for 4/9/2020. (Cahill, Jessica) Modified on 1/14/2020 to identify hearing held (emt, ). |
| Filing 198 EP: Settlement Conference held on 12/19/2019, Settlement on the Record held on 12/19/2019. The Court finds that the parties have entered into a valid and enforceable settlement. Stipulation for Dismissal shall be submitted to watson_orders@hid.uscourts.gov by February 3, 2020. All dates and deadlines, including trial, are VACATED. (Court Reporter FTR - C7. 4:40 p.m. - 4:53 p.m.) (MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
| Filing 197 EO: The parties have informed the court that they have agreed to mutually acceptable deposition dates. The Court hereby VACATES the telephonic status conference set for 12/16/19. (MAGISTRATE JUDGE WES REBER PORTER)(kr) |
| Filing 196 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc.(reference: counterclaim, ECF No. 32, United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation), Kingston Environmental Services, Inc., Kingston Environmental Services, Inc.(reference: counterclaim, ECF No. 96, United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation), Kingston Environmental Services, Inc.(reference: counterclaim, ECF No. 27, amended counterclaim, ECF No. 74, United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation) Re: Kingston Environmental Services, Inc,'s Third Request for Production of Documents Directed to David Boland, Inc. (Nakashima, David) |
Filing 195
ORDER AS TO DISCOVERY LETTER BRIEFS DATED NOVEMBER 14, 2019 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 12/9/2019. (emt, )
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| Filing 194 EO: The Settlement Conference set for 12/19/2019 at 10:00 AM is ADVANCED to 08:00 AM, the same day, in the Chambers of Magistrate Judge Wes Reber Porter before MAGISTRATE JUDGE WES REBER PORTER. (MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
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Filing 193
ORDER DENYING DEFENDANTS' RENEWED MOTION FOR PARTIAL SUMMARY JUDGMENT re #185 - Signed by JUDGE DERRICK K. WATSON on 11/20/2019. (emt, )
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| Filing 192 NOTICE by Berkely Regional Insurance Company(reference: cross-claim, ECF No. 32 ), Berkely Regional Insurance Company(reference: counterclaim, ECF No. 96 ), Kingston Environmental Services, Inc.(reference: counterclaim, ECF No. 32, United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation), Kingston Environmental Services, Inc., Kingston Environmental Services, Inc.(reference: counterclaim, ECF No. 96, United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation), Kingston Environmental Services, Inc.(reference: counterclaim, ECF No. 27, amended counterclaim, ECF No. 74, United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation) Discovery Letter Berkely Regional Insurance Company(reference: cross-claim, ECF No. 32 ), Berkely Regional Insurance Company(reference: counterclaim, ECF No. 96 ), Kingston Environmental Services, Inc.(reference: counterclaim, ECF No. 32, United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation), Kingston Environmental Services, Inc., Kingston Environmental Services, Inc.(reference: counterclaim, ECF No. 96, United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation), Kingston Environmental Services, Inc.(reference: counterclaim, ECF No. 27, amended counterclaim, ECF No. 74, United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation). (Nakashima, David) |
| Filing 191 NOTICE by David Boland, Inc., Western Surety Company - Letter Brief David Boland, Inc., Western Surety Company. (Durkin, Denis) |
| Filing 190 EO: On November 13, 2019, the parties submitted letter briefs requesting expedited discovery assistance pursuant to Rule 37.1(c) of the Local Rules of Practice for the United States District Court for the District of Hawaii (Local Rules). The recently amended Local Rules require such letter briefs to be filed. See LR37.1(c) ("Letter briefs by all parties shall be filed and served on opposing counsel by the deadline."). No later than November 15, 2019, the parties shall file the letter briefs that were previously submitted to the Court. Because the parties have already provided copies of the letter briefs to the Court, the parties are not required to provide additional copies of the filed versions. (MAGISTRATE JUDGE WES REBER PORTER) (agh) |
| Filing 189 EO: On October 9, 2019, Defendants filed a renewed motion for partial summary judgment (Dkt. No. 185) as to the applicability of the "no damage for delay" provision in the parties' Subcontract Agreement. Because the parties agree (see Dkt. Nos. 185, 188) that this matter is "procedurally ripe" and should be decided on the briefing and oral argument previously submitted as part of Defendants' initial motion for summary judgment, the matter is hereby TAKEN UNDER SUBMISSION and no further briefing or argument is needed or permitted.IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 188 RESPONSE re #185 Renewed MOTION for Partial Summary Judgment filed by Kingston Environmental Services, Inc.. (Attachments: #1 Certificate of Service)(Nakashima, David) |
| Filing 187 EO: On October 9, 2019, Defendants filed a renewed motion for partial summary judgment (Dkt. No. 185) as to the applicability of the "no damage for delay" provision in the parties' Subcontract Agreement. In doing so, Defendants incorporate the briefing and oral argument already submitted as part of their initial Motion for Partial Summary Judgment (Dkt. Nos. 115-1, 135) on the same issue. Although this issue was previously briefed and argued by all parties, the Court reserved ruling on this issue in its August 30, 2017 Order prior to staying the litigation. Dkt. No. 145. As a result, Defendants' renewed motion suggests that no further hearing or briefing is necessary and that the issue may be decided forthwith without the need for additional submissions. Accordingly, the Court directs Plaintiff to file a response (not to exceed 5 pages) by Wednesday, October 16, 2019, stating whether Plaintiff concurs with Defendants' characterization of the procedural posture of this motion and whether the identified issue is now ripe and should be decided on the briefs and argument previously submitted. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 186 NOTICE of Withdrawal of Counsel for Attorney for Kinston Environmental Services, Inc. and Counterclaim Defendant Berkley Regional Insurance Complaint by Berkely Regional Insurance Company, Kingston Environmental Services, Inc.. (Attachments: #1 Certificate of Service)(Nakashima, David) Modified on 10/11/2019 (emt, ). |
| Filing 185 Renewed MOTION for Partial Summary Judgment Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company (Oshiro, Anna) Docket text modified on 10/10/2019 (emt, ). |
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Filing 184
ORDER SETTING SETTLEMENT CONFERENCE - Signed by MAGISTRATE JUDGE WES REBER PORTER on 8/5/2019. (emt, )
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Filing 183
AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 8/5/2019. (emt, )
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| Filing 182 EP: Rule 16 Scheduling Conference held on 8/2/2019. Amended Rule 16 Scheduling Conference Order to be issued. Non-Jury Trial is set for 3/9/2020 at 09:00 AM in Aha Kupono before JUDGE DERRICK K. WATSON. Final Pretrial Conference is set for 1/27/2020 at 10:00 AM in Chambers of Magistrate Judge Wes Reber Porter before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference is set for 12/19/2019 at 10:00 AM in Chambers of Magistrate Judge Wes Reber Porter before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference statements by 12/12/2019. Dispositive Motions filed by 10/9/2019 (limited to issues raised prior to Courts entry of stay.) Discovery due by 1/10/2020 (limited to issues raised prior to Courts entry of stay.)(Court Reporter In chambers - not reported. 9:15 a.m. - 9:35 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
| Filing 181 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Nakashima, David) |
| Filing 180 Scheduling Conference Statement of Defendnat and Counterclaimant David Boland, Inc. and Western Surety Company. (Attachments: #1 Certificate of Service)(Oshiro, Anna) |
| Filing 179 EO: A Further Rule 16 Scheduling Conference is set for 8/2/2019 at 9:15AM in the Chambers of Magistrate Judge Wes Reber Porter. No later than 7/26/2019, the parties shall file Scheduling Conference Statements indicating their position on the dates and deadlines to be reset in this case. (MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
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Filing 178
ORDER GRANTING PLAINTIFF'S MOTION TO LIFT STAY re #169 - Signed by JUDGE DERRICK K. WATSON on 6/28/2019. For the foregoing reasons, Plaintiff's Amended Motion to Lift Stay (Dkt. No. 169) is GRANTED. Plaintiff's previously filed Motion to Lift Stay (Dkt. No. 168) is DENIED as moot. (emt, )
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| Filing 177 REPLY re #169 Amended MOTION To Lift Stay re #168 MOTION Motion to Lift Stay filed by Kingston Environmental Services, Inc.. (Attachments: #1 Certificate of Service)(Nakashima, David) |
| Filing 176 MEMORANDUM in Opposition re #169 Amended MOTION To Lift Stay re #168 MOTION Motion to Lift Stay ; Exhibit "A" filed by David Boland, Inc., Western Surety Company. (Attachments: #1 Exhibit A)(Oshiro, Anna) |
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Filing 175
ORDER REASSIGNING MAGISTRATE JUDGE RICHARD L. PUGLISI'S REFERRED CIVIL CASES - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/8/2019. Case reassigned to MAGISTRATE JUDGE WES REBER PORTER for all further proceedings. MAGISTRATE JUDGE RICHARD L. PUGLISI no longer assigned to case. Please reflect new case number CV 16-00205 DKW-WRP on all further pleadings, EFFECTIVE 5/13/2019 . (emt, )
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| Filing 174 EO: On May 2, 2019, Defendant Boland filed an Amended Consent Motion for Enlargement of Time (ECF 173), requesting a seven-day extension of time to respond to Plaintiff's Amended Motion to Lift Stay (ECF 169). According to the Amended Consent Motion, Plaintiff agrees to the enlargement of time. For good cause appearing, Defendant's Motion is GRANTED. Defendant may file its response no later than May 15, 2019, and Plaintiff may file an optional Reply no later than May 31, 2019. IT IS SO ORDERED.(JUDGE DERRICK K. WATSON)(tyk) |
| Filing 173 Amended MOTION for Extension of Time to File Response/Reply as to 171 Link, #172 Consent MOTION for Extension of Time to File Response/Reply as to #169 Amended MOTION To Lift Stay re #168 MOTION Motion to Lift Stay and Memorandum in Support Thereof; Certificate of Service, #169 Amended MOTION To Lift Stay re #168 MOTION Motion to Lift Stay and Memorandum in Support Thereof; Certificate of Service Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company, Counter Claimant David Boland, Inc. (Oshiro, Anna) |
| Filing 172 Consent MOTION for Extension of Time to File Response/Reply as to #169 Amended MOTION To Lift Stay re #168 MOTION Motion to Lift Stay and Memorandum in Support Thereof; Certificate of Service Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company, Counter Claimant David Boland, Inc. (Oshiro, Anna) |
| Filing 171 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #169 Plaintiff's Amended Motion To Lift Stay, without a hearing. Briefing shall be in accordance with Local Rule 7.4. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 170 NOTICE by David Boland, Inc., David Boland, Inc.(reference: counterclaim, ECF No. 32 ), David Boland, Inc.(reference: counterclaim, ECF No. 96), Western Surety Company Notice of Withdrawal of Christopher J.I. Leong as Counsel for David Boland, Inc. and Western Surety Company; Certificate of Service David Boland, Inc., David Boland, Inc.(reference: counterclaim, ECF No. 32 ), David Boland, Inc.(reference: counterclaim, ECF No. 96), Western Surety Company. (Seehase, Loren) |
| Filing 169 Amended MOTION To Lift Stay re #168 MOTION Motion to Lift Stay Christopher P. Sobba appearing for Plaintiff Kingston Environmental Services, Inc. (Sobba, Christopher) |
| Filing 168 MOTION Motion to Lift Stay Christopher P. Sobba appearing for Counter Defendant Berkely Regional Insurance Company, Plaintiff Kingston Environmental Services, Inc. (Sobba, Christopher) |
| Filing 167 NOTICE of Change of Address by Christopher P. Sobba on behalf of Berkely Regional Insurance Company(reference: counterclaim, ECF No. 96 ), Kingston Environmental Services, Inc.. (Sobba, Christopher) |
| Filing 166 STATUS REPORT : Six-Month Joint Report On The Status of Proceedings by Kingston Environmental Services, Inc.. (Attachments: #1 Certificate of Service)(Sobba, Christopher) |
| Filing 165 NOTICE by David Boland, Inc. re #163 Order, of Compliance David Boland, Inc.. (Attachments: #1 Attachment - Letter, #2 Certificate of Service)(Durkin, Denis) |
| Filing 164 EO: In light of the entry of the Order regarding the submission of Kingston Environmental Services, Inc.'s claims to the Government (Dkt. No. #163 ), the Court denies as moot Kingston's Motion To Lift Stay of Proceedings (Dkt. No. #149 ) and Boland's Counter-Motion for Summary Judgment (Dkt. No. #154 ). IT IS SO ORDERED. (JUDGE DERRICK K. WATSON) (watson1) |
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Filing 163
ORDER re #145 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 7/19/2018. It is hereby ORDERED that within fourteen (14) days after the entry of this Order, Boland shall certify and submit the Pass-Through Claims to the Government for payment under 48 C.F.R. 52.233-1. Boland may state its reservations or objections to the Pass-Through Claims in a cover letter to the Government. (emt, )
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| Filing 162 EP: Status Conference regarding the submission of Plaintiff's administrative claims held. Parties to submit proposed order to puglisi_orders@hid.uscourts.gov no later than July 23, 2018. (In chambers - not reported) (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh) |
| Filing 161 EO: Based on counsel's agreement, the Status Conference regarding the submission of Plaintiff's administrative claims and/or settlement set for 7/10/2018 is ADVANCED to 7/9/2018 at 10:00 AM in Chambers of Magistrate Judge Richard L. Puglisi before MAGISTRATE JUDGE RICHARD L. PUGLISI. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf) |
| Filing 160 EO: A Status Conference regarding the submission of Plaintiff's administrative claims and/or settlement is set for 7/10/2018 at 02:00 PM in Chambers of Magistrate Judge Richard L. Puglisi before MAGISTRATE JUDGE RICHARD L. PUGLISI. Lead counsel shall appear in person for the Status Conference. The parties shall submit confidential statements to puglisi_orders@hid.uscourts.gov no later than 7/02/2018, setting forth the parties' positions regarding the issues to be discussed. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf) |
| Filing 159 EO: The parties are directed to contact the chambers of Magistrate Judge Puglisi to schedule a mandatory conference regarding the submission of Plaintiff's administrative claims and/or settlement. The Court will hold in abeyance Kingston's Motion to Lift Stay of Proceedings (Dkt. No. 149) and Defendants' Counter-Motion (Dkt. No. 154) pending the conference before Judge Puglisi. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 158 RESPONSE in Opposition to #154 Kingston's Opposition to Boland and Western's Counter-Motion to Dismiss or Alternative Motion for Order to Show Cause filed by David Boland, Inc., Western Surety Company. (Attachments: #1 Exhibit A, #2 Certificate of Service, #3 Word Count Certificate)(Durkin, Denis) Modified on 6/25/2018 to add linkage to underlying motion (emt, ). |
| Filing 157 REPLY re #154 Memorandum in Opposition to Motion,, #149 MOTION To Lift Stay of Proceedings re #145 Order on Motion for Summary Judgment,,, : KINGSTON ENVIRONMENTAL SERVICES, INC.'S MOTION TO LIFT STAY OF PROCEEDINGS ---- KINGSTON ENVIRONMENTAL SERVICES, INC.S REPLY IN SUPPORT OF MOTION TO LIFT STAY OF PROCEEDINGS AND OPPOSITION TO DAVID BOLAND, INC.S AND WESTERN SURETY COMPANYS COUNTER MOTION TO DISMISS OR IN THE ALTERNATIVE FOR AN ORDER TO SHOW CAUSE filed by Kingston Environmental Services, Inc.. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Sobba, Christopher) |
| Filing 156 EO: The Court GRANTS Kingston Environmental Services, Inc.'s unopposed Ex Parte Motion for Leave to Exceed Page Limit. Dkt. No. 155. Kingston is granted leave to exceed the page limit for its Reply Brief by five (5) pages, for a total of twenty (20) pages or less. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 155 Ex Parte MOTION for Leave to File Excess Pages : Kingston Environmental Services, Inc.'s Ex Parte Motion for Leave to Exceed Page Limit Christopher P. Sobba appearing for Plaintiff Kingston Environmental Services, Inc. (Attachments: #1 Certificate of Service)(Sobba, Christopher) |
| Filing 154 MEMORANDUM in Opposition re #149 MOTION To Lift Stay of Proceedings re #145 Order on Motion for Summary Judgment,,, : KINGSTON ENVIRONMENTAL SERVICES, INC.'S MOTION TO LIFT STAY OF PROCEEDINGS and COUNTER MOTION for Summary Judgment or in the Alternative an Order to Show Cause filed by David Boland, Inc., Western Surety Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Declaration Certificate of Word Count, #7 Certificate of Service)(Oshiro, Anna) Modified on 6/25/2018 (emt, ). |
| Filing 153 EO: For good cause appearing, the Court GRANTS Defendants David Boland, Inc. and Western Surety Company's unopposed Motion for Enlargement of Time to File and Serve Response to Plaintiff's Motion to Lift Stay. Dkt. No. 152. Defendants' opposition is now due no later than June 1, 2018. Plaintiff's reply is due no later than June 15, 2018. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 152 Consent MOTION for Extension of Time to File Response/Reply as to #150 Memorandum in Support of Motion,, #149 MOTION To Lift Stay of Proceedings re #145 Order on Motion for Summary Judgment,,, : KINGSTON ENVIRONMENTAL SERVICES, INC.'S MOTION TO LIFT STAY OF PROCEEDINGS Loren A. Seehase appearing for Defendants David Boland, Inc., Western Surety Company (Seehase, Loren) |
| Filing 151 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #149 Kingston Environmental Services, Inc.'s Motion To Lift Stay of Proceedings without a hearing. Briefing shall be in accordance with Local Rule 7.4. (JUDGE DERRICK K. WATSON)(tyk) |
| Filing 150 MEMORANDUM in Support re #149 MOTION To Lift Stay of Proceedings re #145 Order on Motion for Summary Judgment,,, : KINGSTON ENVIRONMENTAL SERVICES, INC.'S MOTION TO LIFT STAY OF PROCEEDINGS filed by Kingston Environmental Services, Inc., Kingston Environmental Services, Inc.(reference: counterclaim, ECF No. 96, United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation). (Attachments: #1 Exhibit A, #2 Certificate of Service)(Sobba, Christopher) |
| Filing 149 MOTION To Lift Stay of Proceedings re #145 Order on Motion for Summary Judgment,,, : KINGSTON ENVIRONMENTAL SERVICES, INC.'S MOTION TO LIFT STAY OF PROCEEDINGS Christopher P. Sobba appearing for Counter Defendant Kingston Environmental Services, Inc., Plaintiff Kingston Environmental Services, Inc. (Sobba, Christopher) |
| Filing 148 STATUS REPORT by Kingston Environmental Services, Inc.. (Attachments: #1 Certificate of Service)(Nakashima, David) |
| Filing 147 JOINT STIPULATION OF DISMISSAL OF CERTAIN CLAIMS - Signed by JUDGE DERRICK K. WATSON on 9/28/2017. Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure and Local Rule 41.1, the following claims are dismissed: "1. All claims by and between Kingston and Defendant Granite asserted in this action have been resolved in accordance with the terms of certain settlement agreements, and Kingston and Granite hereby stipulate to the dismissal without prejudice of all claims, cross-claims or counter- claims asserted by and between them in this action, with each party to bear its own costs and fees." 2. One of the claims asserted by Kingston against Defendant Boland related to reimbursement for certain repairs that were made to catch basin lids on the construction project. That individual claim has been resolved between the parties in accordance with the terms of a settlement agreement, and Kingston and Boland hereby stipulate to the dismissal with prejudice of only the claim by Kingston against Boland for damages associated with the catch basin lid repairs. All other claims by and between Kingston and the remaining Defendants Boland and Western Surety are not affected by this Joint Stipulation of Dismissal and those claims shall remain pending for resolution by trial." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 146 EO: In light of the Order Granting In Part Defendants' Motion For Partial Summary Judgment And Staying Case, the Court deems moot Defendants' Motion For Reconsideration Of The Order Denying Defendants' Motion To Stay (Dkt. No. 127) and VACATES all dates, including the Final Pretrial Conference set for 9/21/2017 at 9:30 AM before MAGISTRATE JUDGE RICHARD L. PUGLISI and the 10/16/2017 trial before JUDGE DERRICK K. WATSON. (JUDGE DERRICK K. WATSON)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
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Filing 145
ORDER GRANTING IN PART DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND STAYING CASE re #115 - Signed by JUDGE DERRICK K. WATSON on 8/30/2017. "For the foregoing reasons, Defendants' Motion for Partial Summary Judgment is GRANTED IN PART. This matter is hereby STAYED until a final decision is rendered in any administrative proceeding and any appeal therefrom, or pending further orders from this Court. The parties shall jointly file a semi-annual report updating the Court on the status of those proceedings." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 144 NOTICE of Appearance by Kanoelani Seumanu Kane on behalf of Berkely Regional Insurance Company, Kingston Environmental Services, Inc. on behalf of Berkely Regional Insurance Company, Kingston Environmental Services, Inc.. (Attachments: #1 Certificate of Service)(Kane, Kanoelani) |
| Filing 143 Pretrial Conference Statement by Kingston Environmental Services, Inc. . (Attachments: #1 Certificate of Service)(Nakashima, David) |
| Filing 142 Pretrial Conference Statement by David Boland, Inc., Western Surety Company . (Attachments: #1 Exhibit Exhibit A - Witness List to Defendants Pretrial Statement, #2 Exhibit Exhibit B - Exhibit List to Defendants Pretrial Statement)(Durkin, Denis) |
| Filing 141 EO: The Final Pretrial Conference set for 9/05/2017 is CONTINUED to 9/21/2017 at 09:30 AM in Chambers of Magistrate Judge Richard L. Puglisi before MAGISTRATE JUDGE RICHARD L. PUGLISI. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 140 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. of serving of its Notice to Take Depositions of Randy Hoffland and Angela M. Sist, Ph.D. (Sobba, Christopher) |
| Filing 139 EP: Hearing held on #115 Defendants David Boland, Inc. and Western Surety Company's Motion For Partial Summary Judgement.Oral arguments heard. Motion taken under Advisement. Court to issue a written order. (Court Reporter Gloria Bediamol) (JUDGE DERRICK K. WATSON)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 138 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. of its service of subpoena on Wagner Hohns Inglis, Inc. (Sobba, Christopher) |
| Filing 137 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. for service of its Second Request for Production of Documents Directed to David Boland, Inc. (Sobba, Christopher) |
| Filing 136 CERTIFICATE OF SERVICE of Counsel as to Notice to Take Deposition DT. (Durkin, Denis) Modified on 8/16/2017 (emt, ). |
| Filing 135 REPLY re #133 Memorandum in Opposition to Motion, for partial summary judgment filed by David Boland, Inc., Western Surety Company. (Attachments: #1 Exhibit A , #2 Exhibit B #3 Certificate of Word Count, #4 Certificate of Service , (Durkin, Denis) Modified on 8/14/2017 (emt, ). |
| Filing 134 Concise Statement in Support re #133 Memorandum in Opposition to Motion, KINGSTON'S CONCISE COUNTERSTATEMENT OF FACTS IN SUPPORT OF ITS MEMORANDUM IN OPPOSITION filed by Kingston Environmental Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Certificate of Word Count, #19 Certificate of Service)(Sobba, Christopher) |
| Filing 133 MEMORANDUM in Opposition re #115 MOTION for Summary Judgment of Defendants David Boland, Inc. and Western Surety Company filed by Kingston Environmental Services, Inc.. (Attachments: #1 Certificate of Word Count, #2 Certificate of Service)(Sobba, Christopher) |
| Filing 132 (The filing party has refiled this document, refer to docket entry #134 ) : Concise Statement in Support re #131 Memorandum in Opposition to Motion,, KINGSTON'S CONCISE COUNTERSTATEMENT OF FACTS IN SUPPORT OF ITS MEMORANDUM IN OPPOSITION filed by Kingston Environmental Services, Inc.. (Attachments: #1 Certificate of Word Count, #2 Certificate of Service)(Sobba, Christopher) Modified on 8/7/2017 -- The filing party advised the Clerk's Office on 8/4/2017, that docket entries 131 and 132 were filed incorrectly.(emt, ). |
| Filing 131 (The filing party has refiled this document, refer to docket entry #133 ): MEMORANDUM in Opposition re #115 MOTION for Summary Judgment of Defendants David Boland, Inc. and Western Surety Company filed by Kingston Environmental Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Certificate of Word Count, #19 Certificate of Service)(Sobba, Christopher) Modified on 8/7/2017 -- The filing party advised the Clerk's Office on 8/4/2017, that docket entries 131 and 132 were filed incorrectly. (emt, ). |
| Filing 130 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. of serving NOTICE OF TAKE DEPOSITION OF AMON D. ACKLY, PE (Sobba, Christopher) |
| Filing 129 CERTIFICATE OF SERVICE of Counsel of serving Notice to Take Videotaped Deposition of David Fisher. (Durkin, Denis) Modified on 8/3/2017 (emt, ). |
| Filing 128 EO: The Court defers ruling on #127 Defendants' Motion for Reconsideration of the Order Denying Defendants' Motion to Stay until the district court resolves the pending #115 Motion for Partial Summary Judgment. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 127 MOTION for Reconsideration re #113 MOTION to Stay Proceedings in Accordance With Terms of Subcontract Agreement Between Parties to Exhaust the Administrative Remedies Denis L. Durkin appearing for Defendants David Boland, Inc., Western Surety Company (Attachments: #1 Memorandum of Law in Support of Motion for Reconsideration, #2 Certificate of Word Count, #3 Certificate of Service)(Durkin, Denis) |
| Filing 126 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. of serving its NOTICE TO TAKE DEPOSITION OF ROYAL ELECTRIC COMPANY'S CORPORATE REPRESENTATIVE ON JULY 24, 2017 (Sobba, Christopher) |
| ADVISORY ENTRY. Docket Entries #122 Notice to Take Deposition of David Bolan and #123 Notice to Take Deposition of Craig Hildebrandt filed by Kingston Environmental Services, Inc. and #124 Notice to Take Videotaped Deposition and #125 Notice to Take Videotaped Depositions filed by David Boland, Inc., Western Surety Company were filed incorrectly in this case. Please be advised that discovery-type documents are not filed with the Court. The filing party may file a Certificate of Service as to service of the discovery document(s). Please refer to Fed.R.Civ.P.5(d) governing the filing procedures for the filing of discovery. No further action necessary. (emt, ) |
| Filing 125 NOTICE by David Boland, Inc., Western Surety Company NOTICE TO TAKE VIDEOTAPED DEPOSITIONS OF BOB WYSOCKI AND CHRISTOPHER PARSHALL David Boland, Inc., Western Surety Company. (Durkin, Denis) |
| Filing 124 NOTICE by David Boland, Inc., Western Surety Company NOTICE TO TAKE VIDEOTAPED DEPOSITION OF TOM HAWKEN David Boland, Inc., Western Surety Company. (Durkin, Denis) |
| Filing 123 NOTICE by Kingston Environmental Services, Inc. NOTICE TO TAKE DEPOSITION OF CRAIG HILDEBRANDT Kingston Environmental Services, Inc.. (Sobba, Christopher) |
| Filing 122 NOTICE by Kingston Environmental Services, Inc. NOTICE TO TAKE DEPOSITION OF DAVID BOLAND Kingston Environmental Services, Inc.. (Sobba, Christopher) |
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Filing 121
ORDER DENYING DEFENDANT DAVID BOLAND, INC. AND WESTERN SURETY COMPANY'S MOTION TO STAY PROCEEDINGS IN ACCORDANCE WITH SUBCONTRACT AGREEMENT BETWEEN PARTIES TO EXHAUST THE ADMINISTRATIVE REMEDIES re #113 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 7/11/2017. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 120 REPLY to Response to Motion re #113 MOTION to Stay Proceedings in Accordance With Terms of Subcontract Agreement Between Parties to Exhaust the Administrative Remedies filed by David Boland, Inc., Western Surety Company. (Attachments: #1 Exhibit Declaration of Hildebrandt, #2 Exhibit Order and Reasons in GLF case, #3 Certificate of Word Count, #4 Certificate of Service)(Durkin, Denis) |
| Filing 119 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. of serving its Answers and Objections to Boland's Second Request for Answers to Interrogatories and its Responses and Objections to Boland's Third Request for Production of Documents (Sobba, Christopher) |
| Filing 118 MEMORANDUM in Opposition re #113 MOTION to Stay Proceedings in Accordance With Terms of Subcontract Agreement Between Parties to Exhaust the Administrative Remedies filed by Kingston Environmental Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Certificate of Word Count)(Sobba, Christopher) |
| Filing 117 NOTICE of Hearing on #115 Defendants David Boland, Inc. and Western Surety Company's Motion For Partial Summary Judgment set for 8/25/2017 @ 09:30 AM before JUDGE DERRICK K. WATSON. (tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
| Filing 116 CONCISE STATEMENT in Support re #115 MOTION for Summary Judgment of Defendants David Boland, Inc. and Western Surety Company filed by David Boland, Inc., Western Surety Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Word Count, #7 Certificate of Service)(Durkin, Denis) |
| Filing 115 MOTION for Summary Judgment of Defendants David Boland, Inc. and Western Surety Company Denis L. Durkin appearing for Defendants David Boland, Inc., Western Surety Company (Attachments: #1 Memorandum in Support of Motion for Partial Summary Judgment, #2 Certificate of Word Count, #3 Certificate of Service)(Durkin, Denis) |
| Filing 114 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #113 Motion to Stay Proceedings without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 113 MOTION to Stay Proceedings in Accordance With Terms of Subcontract Agreement Between Parties to Exhaust the Administrative Remedies Denis L. Durkin appearing for Defendants David Boland, Inc., Western Surety Company (Attachments: #1 Memorandum in Support, #2 Declaration of Craig Hildebrandt, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Durkin, Denis) |
| Filing 112 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. (Sobba, Christopher) |
| Filing 111 CERTIFICATE of Counsel of serving David Boland, Inc.'s Requests for Discovery Directed to Plaintiff. (Durkin, Denis) |
| Filing 110 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. : service of its Responses and Objections to David Boland, Inc.'s First Request for Admissions (Sobba, Christopher) |
| Filing 109 CERTIFICATE of Counsel re #108 Expert Witness Disclosure of David Boland, Inc. and Western Surety Company. (Durkin, Denis) |
| Filing 108 Expert Witness Disclosure. filed by David Boland, Inc., Western Surety Company.(Durkin, Denis) |
| Filing 107 Expert Witness Disclosure. filed by Kingston Environmental Services, Inc.. (Attachments: #1 Certificate of Service)(Sobba, Christopher) |
| Filing 106 CERTIFICATE of Counsel of Service of Response to Plaintiff's Second Set of Interrogatories to David Boland, Inc.. (Durkin, Denis) |
| Filing 105 NOTICE by David Boland, Inc. of Service of Requests for Admissions David Boland, Inc.. (Durkin, Denis) |
| Filing 104 NOTICE of Appearance by Loren A. Seehase on behalf of David Boland, Inc., Western Surety Company on behalf of David Boland, Inc., Western Surety Company. (Seehase, Loren) |
| Filing 103 NOTICE of Appearance by Christopher J.I. Leong on behalf of David Boland, Inc., Western Surety Company on behalf of David Boland, Inc., Western Surety Company. (Leong, Christopher) |
| Filing 102 CERTIFICATE OF SERVICE by Granite Precasting & Concrete, Inc. Granite's Expert Disclosure/Report (Rosenfield, Kevin) |
| Filing 101 Expert Witness Disclosure. filed by David Boland, Inc., Western Surety Company. (Attachments: #1 Certificate of Service)(Oshiro, Anna) |
| Filing 100 Expert Witness Disclosure. filed by Kingston Environmental Services, Inc.. (Attachments: #1 Certificate of Service)(Nakashima, David) |
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Filing 99
FIRST STIPULATION TO CONTINUE DISPOSITIVE MOTIONS DEADLINE UNTIL JUNE 16, 2017 AND ORDER - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 4/18/2017. ( Dispositive Motions filed by 6/16/2017.) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 98 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. - service of Plaintiff's Second Set of Interrogatories to Defendant David Boland, Inc. (Sobba, Christopher) |
| Filing 97 AMENDED ANSWER to Plaintiff's #1 Complaint, by Western Surety Company. (Oshiro, Anna) |
| Filing 96 AMENDED ANSWER to Plaintiff's #1 Complaint, , COUNTERCLAIM of David Boland, Inc. against Berkely Regional Insurance Company, Kingston Environmental Services, Inc.(United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation) by David Boland, Inc.. (Attachments: #1 Main Document Defendant David Boland, Inc.'s Counterclaim Against Plaintiff, #2 Exhibit Exhibit A to Counterclaim, #3 Exhibit Exhibit B to Counterclaim, #4 Exhibit Exhibit C to Counterclaim, #5 Certificate of Service)(Oshiro, Anna) |
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Filing 95
ORDER REGARDING DISCOVERY LETTER BRIEFS - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 3/20/2017. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 94 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. : Service of Responses and Objections to Defendant David Boland, Inc.'s Second Request for Production of Documents (Sobba, Christopher) |
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Filing 93
STIPULATION AND ORDER ALLOWING DEFENDANTS DAVID BOLAND, INC. AND WESTERN SURETY COMPANY TO FILE FIRST AMENDED ANSWER TO COMPLAINT; EXHIBITS "1" AND "2". Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 3/17/2017. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 92 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. re Amended Notice of Taking Deposition of Delta Construction Corporation's Corporate Representative (Nakashima, David) |
| Filing 91 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. re Amended Notice of Taking Deposition of Keeno Farms Construction Company, Inc.'s Corporate Representative (Nakashima, David) |
| Filing 90 CERTIFICATE of Counsel of Service of Response and Objections to Granite's First Request for Production of Documents Directed to David Boland, Inc.. (Durkin, Denis) |
| Filing 89 Return of Service on Subpoena Kaleo Keeno was served on 2/15/2017 (Nakashima, David) |
| Filing 88 Return of Service on Subpoena Arnold R. Gelacio was served on 2/10/2017 (Nakashima, David) |
| Filing 87 Return of Service on Subpoena Darren H. Carpenter was served on 2/10/2017 (Nakashima, David) |
| Filing 86 CERTIFICATE OF SERVICE by David Boland, Inc. [Re: Defendant David Boland, Inc.'s Second Request for Production Directed to Plaintiff] (Oshiro, Anna) |
| Filing 85 NOTICE by Berkely Regional Insurance Company, Kingston Environmental Services, Inc.(United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation) re #83 Notice (Other),, of Withdrawal of Counsel for Berkely Regional Insurance Company, Kingston Environmental Services, Inc.(United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation). (Attachments: #1 Certificate of Service)(Comeau, Michelle) |
| Filing 84 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. : Service of Notice of Depositions (Sobba, Christopher) |
| Filing 83 NOTICE by Berkely Regional Insurance Company, Kingston Environmental Services, Inc.(United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation) (Notice of Change of Firm Affiliation of Counsel for Plaintiff/Counterclaim Defendant Kingston Environmental Services, Inc. and Counterclaim Defendant Berkley Regional Insurance Company) Berkely Regional Insurance Company, Kingston Environmental Services, Inc.(United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation). (Attachments: #1 Certificate of Service)(Nakashima, David) |
| Filing 82 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. : Service of its Answers and Objections to Defendant David Boland, Inc.'s First Request for Answer to Interrogatories (Sobba, Christopher) |
| Filing 81 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. of Responses and Objections to Defendant David Boland, Inc.'s First Request for Production of Documents (Sobba, Christopher) |
| Filing 80 CERTIFICATE OF SERVICE by Granite Precasting & Concrete, Inc. Re: Granite's First Request For Production Of Documents Directed To David Boland, Inc. (Rosenfield, Kevin) |
| Filing 79 KINGSTON ENVIRONMENTAL SERVICES INC'S ANSWER TO GRANITE PRECASTING & CONCRETE, INC.'S AMENDED COUNTERCLAIM: ANSWER to #74 Answer to Complaint, Counterclaim,, by Kingston Environmental Services, Inc..(Sobba, Christopher) |
| Filing 78 CERTIFICATE OF SERVICE by David Boland, Inc. Re: Defendant David Boland, Inc.'s First Request for Answers to Interrogatories Directed to Plaintiff (Oshiro, Anna) |
| Filing 77 CERTIFICATE OF SERVICE by David Boland, Inc. Re Defendant David Boland Inc.'s First Request for Production of Documents Directed to Plaintiff (Oshiro, Anna) |
| Filing 76 CERTIFICATE OF SERVICE by David Boland, Inc. (Oshiro, Anna) |
| Filing 75 CERTIFICATE OF SERVICE by Granite Precasting & Concrete, Inc. Re: Supplemental Rule 26 Disclosures (Rosenfield, Kevin) |
| Filing 74 First Amended ANSWER to #1 Complaint, First Amended Complaint, Amended COUNTERCLAIM against Kingston Environmental Services, Inc. by Granite Precasting & Concrete, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Rosenfield, Kevin) |
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Filing 73
ORDER GRANTING THE APPLICATIONS OF DENIS L. DURKIN, MICHAEL S. VITALE, AND ROBERT D. SOWELL TO APPEAR PRO HAC VICE. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 12/7/2016. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 72 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. (Sobba, Christopher) |
| Filing 71 Amended MOTION to Amend/Correct Motion Appear Pro Hac Vice of Denis L. Durkin; Declaration of Counsel Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company, Counter Claimant David Boland, Inc. (Oshiro, Anna) |
| Filing 70 CERTIFICATE OF SERVICE by David Boland, Inc., Western Surety Company [Re: Motion to Appear Pro Hac Vice of Denis L. Durkin, Motion to Appear Pro Hac Vice of Robert D. Sowell, and Motion to Appear Pro Hac Vice of Michael S. Vitale] (Oshiro, Anna) |
| Filing 69 Amended MOTION to Amend/Correct #68 MOTION for Pro Hac Vice of Michael S. Vitale; Declaration of Counsel Filing fee $ 300, receipt number 0975-1798302. Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company, Counter Claimant David Boland, Inc. (Oshiro, Anna) |
| Filing 68 MOTION for Pro Hac Vice of Michael S. Vitale; Declaration of Counsel Filing fee $ 300, receipt number 0975-1798302.Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company, Counter Claimant David Boland, Inc. (Oshiro, Anna) |
| Filing 67 MOTION for Pro Hac Vice of Robert D. Sowell; Declaration of Counsel Filing fee $ 300, receipt number 0975-1798294.Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company, Counter Claimant David Boland, Inc. (Oshiro, Anna) |
| Filing 66 MOTION for Pro Hac Vice of Denis L. Durkin; Declaration of Counsel Filing fee $ 300, receipt number 0975-1798280.Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company, Counter Claimant David Boland, Inc. (Oshiro, Anna) |
| Filing 65 CERTIFICATE OF SERVICE by Granite Precasting & Concrete, Inc. Corrected Certificate Of Service To Granite Precasting And Concret, Inc.'s Answers And Objections To Plainitff's First Set Of Interrogatories (Rosenfield, Kevin) |
| Filing 64 CERTIFICATE OF SERVICE by Granite Precasting & Concrete, Inc. Corrected Certificate Of Service to Granite Precasting And Concrete, Inc's Responses And Objections To Plaintiff's First Request For Production of Documents (Rosenfield, Kevin) |
| Filing 63 CERTIFICATE OF SERVICE by Granite Precasting & Concrete, Inc. Granite's Responses to Plaintiff's First Set Of Interrogatories Directed To Granite Precasting & Concrete, Inc. (Rosenfield, Kevin) |
| Filing 62 CERTIFICATE OF SERVICE by Granite Precasting & Concrete, Inc. Granite's Responses And Objections To Plaintiff's First Request For Production of Documents (Rosenfield, Kevin) |
| ADVISORY ENTRY - Entry docket numbers #64 and #65 are corrected certificates of service; re-submissions of entry docket numbers #62 and #63 filed by Granite Precasting & Concrete, Inc. (ecs, ) |
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Filing 61
STIPULATION AND ORDER REGARDING PLAINTIFF'S FIRST AMENDED COMPLAINT; Exhibit A. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 11/14/2016. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 60 CERTIFICATE OF SERVICE by Berkely Regional Insurance Company SERVICE OF ITS INITIAL DISCLOSURES PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(a)(1)(D) (Sobba, Christopher) |
| Filing 59 CERTIFICATE OF SERVICE by Granite Precasting & Concrete, Inc. (Rosenfield, Kevin) |
| Filing 58 CERTIFICATE OF SERVICE by Granite Precasting & Concrete, Inc. (Rosenfield, Kevin) |
| Filing 57 CERTIFICATE OF SERVICE by Berkely Regional Insurance Company, Kingston Environmental Services, Inc.(United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation) of Plaintiff's First Supplemental Disclosures (Sobba, Christopher) |
| Filing 56 CERTIFICATE OF SERVICE by Berkely Regional Insurance Company, Kingston Environmental Services, Inc.(United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation) (Sobba, Christopher) |
| Filing 55 CERTIFICATE OF SERVICE by Berkely Regional Insurance Company, Kingston Environmental Services, Inc.(United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation) (Sobba, Christopher) |
| Filing 54 Corporate Disclosure Statement by Berkely Regional Insurance Company identifying Corporate Parent Signet Star Holdings, Inc., Corporate Parent W.R. Berkley Corporation for Berkely Regional Insurance Company.. (Attachments: #1 Certificate of Service)(Nakashima, David) |
| Filing 53 Counterclaim Defendant Berkley Regional Insurance Company's Answer to Defendant David Boland, Inc.'s Counterclaim [Doc. 32] filed July 20, 2016 ANSWER to #32 Answer to Complaint, Counterclaim,,,, by Berkely Regional Insurance Company. (Attachments: #1 Certificate of Service)(Nakashima, David) |
| Filing 52 Plaintiff Kingston Environmental Services, Inc.'s Answer to Defendant David Boland, Inc.'s Counterclaim [Doc. 32] filed July 20, 2016 ANSWER to #32 Answer to Complaint, Counterclaim,,,, by Kingston Environmental Services, Inc.. (Attachments: #1 Certificate of Service)(Nakashima, David) |
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Filing 51
STIPULATION FOR DISMISSAL OF PLAINTIFF'S COMPLAINT FILED APRIL 29, 2016 [ECF NO. #1 ] AGAINST DEFENDANT HAWAII GEOPHYSICAL SERVICES, LLC WITH PREJUDICE AND ORDER. Signed by JUDGE DERRICK K. WATSON on 9/22/2016. -- Plaintiff's Complaint filed April 29, 2016 [ECF No. 1] against Defendant Hawaii Geophysical Services,LLC is hereby dismissed with prejudice. **Hawaii Geophysical Services, LLC terminated. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 50 AFFIDAVIT of Service for Answer to Plaintiff's Complaint; Defendant David Boland, Inc.'s Counterclaim Against Plaintiff; Exhibits A-C; Summons; Certificate of Service served on Berkely Regional Insurance Company on September 6, 2016, filed by David Boland, Inc.. (Oshiro, Anna) |
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Filing 49
STIPULATION REGARDING DEFENDANT AND COUNTERCLAIMANT DAVID BOLAND, INC. AND DEFENDANT WESTERN SURETY COMPANYS MOTION TO STRIKE DEMAND FOR JURY TRIAL FILED JULY 20, 2016 [ECF #38 ] AND JURY TRIAL AS TO PLAINTIFF'S CLAIM AGAINST DEFENDANT HAWAII GEOPHYSICAL SERVICES, LLC AND ORDER. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 8/11/2016. - 1. The claims and counterclaims by and between Kingston, Boland, Western and Granite will be bi-furcated for the purpose of trial from the claims by and between Kingston and HGS. The parties request that there will be a jury-waived trial with respect to the claims and counterclaims by and between Kingston, Boland, Western, and Granite on the currently scheduled trial date or on a date as ordered by the Court; and 2. There will be a separate jury trial with respect to the claims by and between Kingston and HGS, which consists of Count IV of the Complaint filed April 29, 2016 [ECF 1]. Counsel for Kingston and HGS will contact and coordinate with the Court for the scheduling of the separate jury trial. 3. The bifurcated trial that is being stipulated to herein shall only apply to trial, and the case for purposes of discovery and other matters shall remain one single action. ** Motions terminated: #38 MOTION to Strike Demand for Jury Trial filed by David Boland, Inc. Western Surety Company. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 48 Plaintiff Kingston Environmental Services, Inc.'s Answer to Granite Precasting & Concrete, Inc.'s Counterclaim [Doc. #27] filed July 18, 2016 ANSWER to #27 Answer to Complaint, Counterclaim,, by Kingston Environmental Services, Inc.. (Attachments: #1 Certificate of Service)(Nakashima, David) |
| Filing 47 EO: Based on the parties' request and agreement, any opposition to #38 Defendant and Counterclaimant David Boland, Inc. and Defendant Western Surety Company's Motion to Strike Demand for Jury Trial is due on 8/12/2016; reply due on 8/29/2016. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
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Filing 46
STIPULATION TO STAY DISCOVERY UNTIL OCTOBER 15, 2016 AND ORDER. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 8/2/2016. -Discovery will be stayed until October 15, 2016. This discovery stay will help minimize legal fees and costs while the parties engage in private mediation. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 45
RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 7/27/2016. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 44 EP: Rule 16 Scheduling Conference held on 7/27/2016. Rule 16 Scheduling Conference Order to be issued Jury Selection/Trial is set for 09:00 AM on 10/16/2017 in Aha Kupono before JUDGE DERRICK K. WATSON. Final Pretrial Conference is set for 9/5/2017 at 09:30 AM in Chambers of Magistrate Judge Richard L. Puglisi before MAGISTRATE JUDGE RICHARD L. PUGLISI. Dispositive Motions due by 5/17/2017. Discovery due by 8/18/2017. (Court Reporter In chambers - not reported) (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 43 Summons Issued as to Berkely Regional Insurance Company, Kingston Environmental Services, Inc.(United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation), re #32 . (emt, ) |
| Filing 42 CERTIFICATE OF SERVICE by Granite Precasting & Concrete, Inc. (Re: Granite recasting & Concrete, Inc.'s Intial Disclosures Pursuant to Federal Rules of Civil Procedure 26(a0(1) (Rosenfield, Kevin) |
| Filing 41 CERTIFICATE OF SERVICE by Granite Precasting & Concrete, Inc. (Re: Granite Precasting & Concrete, Inc.'s Initial Disclosures Pursuant to Federal Rules of Civil Procedure 26(a)(1) (Rosenfield, Kevin) Modified on 7/21/2016:Certificate of Service re-filed to comply with LR 10.2(b). Please refer to docket entry no. #42 . (afc) . |
| Filing 40 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #38 Defendant and Counterclaimant David Boland, Inc. and Defendant Western Surety Company's Motion to Strike Demand for Jury Trial without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(kr)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 39 Summons (Proposed) (Oshiro, Anna) |
| Filing 38 MOTION to Strike Demand for Jury Trial Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company, Counter Claimant David Boland, Inc. (Attachments: #1 Memorandum In Support of Motion, #2 Certificate of Service)(Oshiro, Anna) |
| Filing 37 INITIAL DISCLOSURE by David Boland, Inc., Western Surety Company. (Oshiro, Anna) |
| Filing 36 Scheduling Conference Statement of Defendant and Counterclaimant David Boland, Inc. and Defendant Western Surety Company; Certificate of Service. (Oshiro, Anna) |
| Filing 35 Corporate Disclosure Statement by Western Surety Company identifying Corporate Parent Continental Casualty Company for Western Surety Company.. (Oshiro, Anna) |
| Filing 34 Corporate Disclosure Statement by David Boland, Inc.. (Oshiro, Anna) |
| Filing 33 Defendant Western Surety Company's ANSWER to #1 Complaint, Certficate of Service by Western Surety Company.(Oshiro, Anna) |
| Filing 32 Defendant David Boland, Inc.'s ANSWER to #1 Complaint, Defendant David Boland, Inc.'s, First COUNTERCLAIM against Kingston Environmental Services, Inc., Berkely Regional Insurance Company by David Boland, Inc.. (Attachments: #1 Main Document Defendant David Boland, Inc.'s Counterclaim Against Plaintiff, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service)(Oshiro, Anna) Modified docket text appearance on 7/27/2016 (ecs, ). |
| Filing 31 CERTIFICATE OF SERVICE by Kingston Environmental Services, Inc. (Re: Plaintiff's Initial Disclosures pursuant to Federal Rules of Civil Procedure 27(a)(1)) (Nakashima, David) |
| Filing 30 Scheduling Conference Statement filed by Defendant Hawaii Geophysical Services, LLC. (Miyamoto, Gary) |
| Filing 29 Scheduling Conference Statement Defendant/CounterClaimant Granite Precasting & Concrete, Inc.'s Scheduling Conference Statement. (Rosenfield, Kevin) |
| Filing 28 Scheduling Conference Statement Plaintiff's Scheduling Conference Statement. (Attachments: #1 Certificate of Service)(Nakashima, David) |
| Filing 27 ANSWER to #1 Complaint, COUNTERCLAIM against Defendant Kingston Environment Services All Plaintiffs by Granite Precasting & Concrete, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rosenfield, Kevin) Modified docket text appearance(color/bold) on 7/18/2016 (ecs, ). |
| Filing 26 REPORT of Planning Meeting . (Attachments: #1 Exhibit A - Production Format, #2 Certificate of Service)(Nakashima, David) |
| Filing 25 Corporate Disclosure Statement by Hawaii Geophysical Services, LLC. (Miyamoto, Gary) |
| Filing 24 ANSWER to #1 Complaint, and Certificate of Service by Hawaii Geophysical Services, LLC.(Miyamoto, Gary) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Kingston Environmental Services, Inc.. David Boland, Inc. waiver sent on 5/17/2016, answer due 7/18/2016. (Nakashima, David) |
| Filing 22 Corporate Disclosure Statement by Granite Precasting & Concrete, Inc.. (Rosenfield, Kevin) |
| Filing 21 SUMMONS Returned Executed by Kingston Environmental Services, Inc.. Western Surety Company served on 5/18/2016, answer due 6/8/2016. (Nakashima, David) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Kingston Environmental Services, Inc.. Granite Precasting & Concrete, Inc. waiver sent on 5/17/2016, answer due 7/18/2016. (Nakashima, David) |
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Filing 19
ORDER GRANTING KEVIN A. ROSENFIELD'S #18 APPLICATION TO APPEAR PRO HAC VICE. . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 5/20/2016. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified docket title text on 5/20/2016 (ecs, ).
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| Filing 18 MOTION for Pro Hac Vice Kevin A. Rosenfield Filing fee $ 300, receipt number 0975-1712653.Erik D. Eike appearing for Defendant Granite Precasting & Concrete, Inc. (Attachments: #1 Declaration Of Kevin A. Rosenfield, #2 Main Document Proposed Order Granting Motion To Appear Pro Hac Vice)(Eike, Erik) |
| Filing 17 NOTICE of Case Reassignment: Please reflect Civil case number CIV NO. 16-00205 DKW-RLP on all further filings. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).. |
| Filing 16 SUMMONS Returned Executed by Kingston Environmental Services, Inc.. Hawaii Geophysical Services, LLC served on 5/16/2016, answer due 6/6/2016. (Nakashima, David) |
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Filing 15
ORDER GRANTING THE APPLICATIONS OF GRANTING THE APPLICATIONS OF MISHELLE S. MARTINEZ AND CHRISTOPHER SOBBA TO APPEAR PRO HAC VICE re #13 Motion to Appear Pro Hac Vice as to Mishelle S. Martinez re #14 Motion to Appear Pro Hac Vice as to Christopher Sobba. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 05/12/2016. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
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| Filing 14 MOTION for Pro Hac Vice Christopher P. Sobba Filing fee $ 300, receipt number 0975-1708550.David A. Nakashima appearing for Plaintiff Kingston Environmental Services, Inc. (Nakashima, David) |
| Filing 13 MOTION for Pro Hac Vice Mishelle S. Martinez Filing fee $ 300, receipt number 0975-1708541.David A. Nakashima appearing for Plaintiff Kingston Environmental Services, Inc. (Nakashima, David) |
| Filing 12 AMENDED Summons Issued as to All Defendants. (afc) |
| Filing 11 Summons (Proposed) (Nakashima, David) |
| Filing 10 Corporate Disclosure Statement by Kingston Environmental Services, Inc. identifying Corporate Parent Sealaska Corporation for Kingston Environmental Services, Inc... (Nakashima, David) |
| Filing 9 EO: Rule 16 Scheduling Conference is set for 09:30AM on 7/27/2016 before MAGISTRATE JUDGE RICHARD L. PUGLISI. Counsel for Plaintiff shall notify Defendants of the Rule 16 Scheduling Conference set by the Court. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 8 Summons Issued as to All Defendants. (afc) |
| Filing 7 Summons (Proposed) (Nakashima, David) |
| Filing 6 CIVIL Waiver of Service Packet: (Attachments: NOTICE to Parties regarding service pursuant to Fed.R.Civ.P. 4 and: #1 AO 398 form: Notice of a Lawsuit and Request to Waive Service of a Summons, #2 AO 399 form: Waiver of the Service of Summons) (afc) |
| Filing 5 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. (Attachments: #1 Election Form to Consent) (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). *** The party filing the case is responsible for serving all parties with this Notice of Assignment and the attached Election Form. |
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Filing 4
Order Setting Rule 16 Scheduling Conference ~ TO BE SET before U.S. MAGISTRATE JUDGE RICHARD L. PUGLISI. Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 4/29/2016. (Attachments: #1 Corporate Disclosure Memo)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO re: CORPORATE DISCLOSURE STATEMENTS MUST BE SERVED WITH THE DOCUMENT.
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| Filing 3 NOTICE of Case Assignment to U.S. MAGISTRATE JUDGE RICHARD L. PUGLISI. Please reflect Civil case number CV 16-00205-RLP on all further pleadings. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). |
| Filing 2 Summons (Proposed) (Nakashima, David) Modified on 4/29/2016 to note: Summons provides for response time of 20--rather than 21-- days. Summons re-filed as docket entry no. #7 . (afc) |
| Filing 1 COMPLAINT against David Boland, Inc. ( Filing fee $ 400 receipt number 0975-1703713.), filed by United States for the use and benefit of Kingston Environmental Services, Inc., a Missouri corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Payment Bond, #3 Exhibit B - Subcontract Agreement, #4 Exhibit C - Purchase Orders, #5 Exhibit D - Professional Services Agreement, #6 Demand for Jury Trial)(Nakashima, David) |
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