United States for the use and benefit of Vellutini Corporation etc. v. David Boland, Inc. et al
Plaintiff: United States for the use and benefit of Vellutini Corporation, doing business as Royal Electric Company, a California corporation, Vellutini Corporation and Vellutini Corporation United States for the use and benefit of Vellutini Corporation, dba Royal Electric Company, a California corporation doing business as Royal Electric Company
Defendant: David Boland, Inc. and Western Surety Company
Case Number: 1:2018cv00441
Filed: November 14, 2018
Court: US District Court for the District of Hawaii
Presiding Judge: KENNETH J MANSFIELD
Referring Judge: DERRICK K WATSON
Nature of Suit: Miller Act
Cause of Action: 40 U.S.C. § 270
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2019 Filing 46 STIPULATION FOR DISMISSAL by Vellutini Corporation - Signed by JUDGE DERRICK K. WATSON ON 11/21/2019. This action is dismissed with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)ii and United States District Court for the District of Hawaii LR41.1. No other claims or parties remain. (emt, )
November 6, 2019 Filing 45 EO: Pursuant to the parties' request, the the deadline for submission of a Stipulation for Dismissal previously set for 11/06/2019 IS CONTINUED TO 11/20/2019. The parties shall submit the Stipulation for Dismissal to watson_orders@hid.uscourts.gov. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield2)
October 23, 2019 Filing 44 EO: The parties have informed the Court that they have settled all claims and all parties. The Court sets a November 6, 2019 deadline for submission of a Stipulation for Dismissal to watson_orders@hid.uscourts.gov re: #43 Status Report. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
October 9, 2019 Filing 43 STATUS REPORT Updated Joint Status Report by David Boland, Inc., Western Surety Company. (Oshiro, Anna)
September 18, 2019 Filing 42 EO: The Court has reviewed the Joint #41 Status Report filed on 08/23/2019. The Court GRANTS parties request to stay case for an additional forty-five (45) days to allow them to exhaust settlement efforts. Case is STAYED until 10/07/2019. Parties are to electronically file an updated Joint Status Report by 10/07/2019. Upon review of the status report, the Court will determine whether a Further Status Conference will be needed or if another Updated Status Report deadline will be given. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
August 23, 2019 Filing 41 STATUS REPORT Joint Status Report by David Boland, Inc., Western Surety Company. (Oshiro, Anna)
June 27, 2019 Filing 40 EO: The Court has reviewed the Joint #36 Status Report filed on 06/21/2019. Parties are to electronically file an updated Joint Status Report by 08/23/2019. Upon review of the status report, the Court will determine whether a Further Status Conference will be needed or if another Updated Status Report deadline will be given. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
June 21, 2019 Filing 39 STATUS REPORT Updated Joint Status Report by David Boland, Inc., Western Surety Company. (Oshiro, Anna)
May 21, 2019 Filing 38 EO: The Court has reviewed the Joint #37 Status Report filed on 05/09/2019. Parties are to electronically file an updated Joint Status Report by 06/21/2019. Upon review of the status report, the Court will determine whether a Further Status Conference will be needed or if another Updated Status Report deadline will be given. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
May 9, 2019 Filing 37 STATUS REPORT Joint by David Boland, Inc., Western Surety Company. (Oshiro, Anna)
March 28, 2019 Filing 36 EP: STATUS CONFERENCE re: MEDIATION held.Mr. Gall informs the Court that the mediation process is ongoing.Parties have agreed and selected William Andrews of Houston, TX as the mediator. Parties are currently working out a mediation date to be held sometime in late July to early August.A Status Report is due by May 9, 2019 and shall be filed electronically on CM/ECF. Upon review of the status report, the Court will determine whether a Further Status Conference will be set or if another Status Report deadline will be given. (FTR-Ctrm C6 9:30 - 9:38.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
March 12, 2019 Opinion or Order Filing 35 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ERIN K. MCDONOUGH re ECF No. #34 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 3/11/2019. (emt, )
March 6, 2019 Filing 34 MOTION for Pro Hac Vice (Erin K. McDonough, Esq.) Filing fee $ 300, receipt number 0975-2167614.Charles W. Gall appearing for Plaintiff Vellutini Corporation (Attachments: #1 Declaration of Counsel, #2 Proposed Order Granting Motion to Appear Pro Hac Vice)(Gall, Charles) Modified on 3/7/2019 (emt, ).
March 1, 2019 Filing 33 NOTICE OF HEARING: Court sets a Status Conference re: Mediation for 03/28/2019 at 9:30 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. (bbb)
February 27, 2019 Filing 32 NOTICE of Withdrawal of Without Prejudice of Defendants' (1) Motion to Dismiss Plaintiff's Complaint (Dkt. #9 ) and (2) Motion to Stay or, Alternatively, to Compel Arbitration (Dkt. #10 ) by Anna H. Oshiro on behalf of David Boland, Inc., Western Surety Company. (Oshiro, Anna) Modified on 2/28/2019 (emt, ).
February 22, 2019 Filing 31 EO: Pursuant to the #30 Stipulation to Stay Proceedings and Order, the Court VACATES the 03/01/2019 hearings on #9 Defendants' Motion to Dismiss Plaintiff's Complaint (DKT. NO. 1) and #10 Defendants' Motion to Stay or, Alternatively, to Compel Arbitration. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield2)
February 22, 2019 Opinion or Order Filing 30 STIPULATION TO STAY PROCEEDINGS AND ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 2/22/2019. Plaintiff and Defendants agree to stay this civil action for six (6) months from the date of the date an order approving this Stipulation is entered, unless otherwise moved upon by either party upon two (2) weeks' notice. Defendants shall withdraw, without prejudice, their pending motions to dismiss and motion to stay, subject to refiling and resetting for hearing in the event necessary after mediation: a. Defendants' Motion To Dismiss Plaintiff's Complaint (Dkt. No. 1), filed January 7, 2019 [Dkt. #9 ]; and b. Defendants Motion To Stay Or, Alternatively, To Compel Arbitration, filed January 7, 2019 [Dkt. #10 ]. (emt, )
February 6, 2019 Filing 29 EP: RULE 16 SCHEDULING CONFERENCE not held. Discussion held regarding the case status. Counsels are speaking with their clients on a possible 6 month stay on the action and to work towards mediation. Parties are to submit a Stipulation and file withdrawals as necessary. Rule 16 Scheduling Conference is vacated. (FTR-Ctrm C6 9:30 - 9:40.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) (Additional attachment(s) added on 2/8/2019: #1 Main Document) (bbb, ).
January 30, 2019 Filing 28 Scheduling Conference Statement of Defendants David Boland, Inc. and Western Surety Company. (Attachments: #1 Certificate of Service)(Seehase, Loren)
January 30, 2019 Filing 27 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Gall, Charles)
January 30, 2019 Filing 26 REPORT of Planning Meeting . (Attachments: #1 Certificate of Service)(Gall, Charles)
January 23, 2019 Filing 25 EO: Pursuant to Defendant's counsel's request, the Rule 16 Scheduling Conference previously set for 01/28/2019 IS CONTINUED TO 02/06/2019, at 9:30 a.m., in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 01/30/2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD) (mansfield2)
January 22, 2019 Filing 24 SUMMONS Returned Executed by Vellutini Corporation. Western Surety Company served on 11/16/2018 . (Gall, Charles) Modified on 1/23/2019 (emt, ).
January 22, 2019 Filing 23 SUMMONS Returned Executed by Vellutini Corporation. David Boland, Inc. served on 11/26/2018. (Gall, Charles) Modified on 1/23/2019 (emt, ).
January 22, 2019 Filing 22 Corporate Disclosure Statement by Western Surety Company identifying Corporate Parent Continental Casualty Company, Corporate Parent Loews Corporation, Corporate Parent CNA Financial Corporation for Western Surety Company.. (Attachments: #1 Certificate of Service)(Durkin, Denis)
January 22, 2019 Filing 21 Corporate Disclosure Statement by David Boland, Inc.. (Attachments: #1 Certificate of Service)(Durkin, Denis)
January 17, 2019 Filing 20 EO: The Courthouse will be closed on 01/21/2019, Martin Luther King, Jr. Day. Thus, the Rule 16 Scheduling Conference previously set for 01/21/2019 IS CONTINUED TO 01/28/2019, at 9:30 a.m., in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 01/23/2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield2)
January 14, 2019 Opinion or Order Filing 19 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO MICHAEL S. VITALE re #13 , #15 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/14/2019. (emt, )
January 11, 2019 Opinion or Order Filing 18 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ROBERT D. SOWELL re #14 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/11/2019. (emt, )
January 11, 2019 Opinion or Order Filing 17 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO DENIS L. DURKIN re #12 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/11/2019. (emt, )
January 9, 2019 Filing 16 NOTICE of Hearing on #9 Defendants' Motion To Dismiss Plaintiff's Complaint and #10 Defendants' Motion To Stay Or, Alternatively, To Compel Arbitration is set for 3/1/2019 at 09:30 AM in Aha Kupono before JUDGE DERRICK K. WATSON. (tyk)
January 9, 2019 Filing 15 MOTION to Amend/Correct #13 MOTION for Pro Hac Vice of Michael S. Vitale; Declaration of Counsel Filing fee $ 300, receipt number 0975-2140095. Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company (Oshiro, Anna)
January 8, 2019 Filing 14 MOTION for Pro Hac Vice of Robert D. Sowell; Declaration of Counsel Filing fee $ 300, receipt number 0975-2140096.Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company (Oshiro, Anna)
January 8, 2019 Filing 13 MOTION for Pro Hac Vice of Michael S. Vitale; Declaration of Counsel Filing fee $ 300, receipt number 0975-2140095.Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company (Oshiro, Anna)
January 8, 2019 Filing 12 MOTION for Pro Hac Vice of Denis L. Durkin; Declaration of Counsel Filing fee $ 300, receipt number 0975-2140094.Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company (Oshiro, Anna)
January 8, 2019 Filing 11 NOTICE of Appearance by Anna H. Oshiro on behalf of David Boland, Inc., Western Surety Company on behalf of David Boland, Inc., Western Surety Company. (Oshiro, Anna)
January 7, 2019 Filing 10 MOTION to Stay or, Alternatively, to Compel Arbitration re #9 MOTION to Dismiss for failure to State a Claim Loren A. Seehase appearing for Defendants David Boland, Inc., Western Surety Company (Attachments: #1 Memorandum in Support of Defendants' Motion to Stay or, Alternatively, to Compel Arbitration, #2 Declaration of Craig Hildebrandt, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Certificate of Word Count, #8 Certificate of Service)(Seehase, Loren) Modified on 1/8/2019 (emt, ). Modified on 1/9/2019 This document is signed "/s/ Anna H. Oshiro" but is e-filed by Loren A. Seehase (emt, ).
January 7, 2019 Filing 9 MOTION to Dismiss for failure to State a Claim Loren A. Seehase appearing for Defendants David Boland, Inc., Western Surety Company (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Certificate of Word Count, #3 Certificate of Service)(Seehase, Loren) Modified on 1/9/2019 Note: This document is signed "/s/ Anna H. Oshiro", but is e-filed by Loren A. Seehase. (emt, ).
November 15, 2018 Filing 8 Corporate Disclosure Statement by Vellutini Corporation. (Gall, Charles)
November 14, 2018 Filing 7 Summons in a Civil Action - ISSUED. (Attachments: Summons issued as to David Boland, Inc. AND: #1 Summons issued as to Western Surety Company) (afc)
November 14, 2018 Filing 6 CLERK OF COURT'S MEMORANDUM re: Corporate Disclosure Statements. (afc)
November 14, 2018 Opinion or Order Filing 5 Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 1/21/2019 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/14/2018. (afc) 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.
November 14, 2018 Filing 4 NOTICE of Case Assignment to U.S. DISTRICT JUDGE DERRICK K. WATSON and U.S. MAGISTRATE JUDGE KENNETH J. MANSFIELD. Please reflect Civil case number CV 18-00441-DKW-KJM on all further pleadings. (afc)
November 14, 2018 Filing 3 Summons (Proposed) (Gall, Charles)
November 14, 2018 Filing 2 Summons (Proposed) (Gall, Charles)
November 14, 2018 Filing 1 COMPLAINT against David Boland, Inc., Western Surety Company ( Filing fee $ 400 receipt number 0975-2117168.), filed by United States for the use and benefit of Vellutini Corporation, doing business as Royal Electric Company, a California corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gall, Charles)

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Defendant: David Boland, Inc.
Represented By: Denis L. Durkin
Represented By: Robert D. Sowell
Represented By: Anna H. Oshiro
Represented By: Loren A. Seehase
Represented By: Michael S. Vitale
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Defendant: Western Surety Company
Represented By: Denis L. Durkin
Represented By: Robert D. Sowell
Represented By: Anna H. Oshiro
Represented By: Loren A. Seehase
Represented By: Michael S. Vitale
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Plaintiff: United States for the use and benefit of Vellutini Corporation, doing business as Royal Electric Company, a California corporation
Represented By: Charles W. Gall
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Plaintiff: Vellutini Corporation
Represented By: Charles W. Gall
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Plaintiff: Vellutini Corporation United States for the use and benefit of Vellutini Corporation, dba Royal Electric Company, a California corporation doing business as Royal Electric Company
Represented By: Charles W. Gall
Represented By: Erin K. McDonough
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