Delta Construction Corporation v. David Boland, Inc. et al
Plaintiff: United States and Delta Construction Corporation
Defendant: David Boland, Inc. and Western Surety Company
Case Number: 1:2020cv00133
Filed: March 25, 2020
Court: US District Court for the District of Hawaii
Presiding Judge: HELEN GILLMOR
Referring Judge: ROM TRADER
Nature of Suit: Miller Act
Cause of Action: 28:1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 13, 2021 Filing 51 EO: Pursuant to the #37 Order Granting Defendants' Motion to Stay (ECF No. 11), filed 8/17/2020, this case was STAYED and the parties were order to proceed to mediation. ECF No. 37. Consistent with the stay, the Court VACATES all pending dates and deadlines, including the Final Pre-Trial Conference set for 7/20/2021 and the Non-Jury Trial set for 8/31/2021. The Confidential Telephone Conference scheduled for 10/20/2021 at 9:30 a.m. before Magistrate Judge Trader shall remain on calendar. (MAGISTRATE JUDGE ROM TRADER)(tyk)
May 28, 2021 Filing 50 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Discussion had. Parties report working to schedule further mediation date with Keith Hunter. Stay of proceedings to remain in effect.Court sets Confidential Telephone Conference for 10/20/2021 at 9:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (ATT (SEALED)/ 10:00 - 10:05 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
May 28, 2021 Filing 49 NOTICE of Appearance by Nicholas Koukala Ernst on behalf of David Boland, Inc., Western Surety Company on behalf of David Boland, Inc., Western Surety Company. (Ernst, Nicholas)
May 19, 2021 Filing 48 EO: Dial-in instructions for the Confidential Telephone Conference set for 5/28/2021 at 10:00 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-47352. Access Code 2070326 (MAGISTRATE JUDGE ROM TRADER)(laa)
April 2, 2021 Filing 47 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Discussion had. Parties provide update concerning mediation with Keith Hunter. Parties continue to cooperate regarding exchanging information, expert disclosures and proposals as directed by the mediator. Further mediation ongoing.Pursuant to District Judge Gillmors (ECF #37 ) Order Granting Defendant's Motion to Stay (ECF #11 ), the STAY of proceedings in this case remains in effect pending mediation.Court CONVERTS the Settlement Conference set for 5/28/2021 at 10:00 a.m. to a Confidential Telephone Conference before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (No Record / 8:45 - 8:50 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
February 19, 2021 Filing 46 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Discussion had. Parties report mediation rescheduled to 3/1/2021. Pursuant to District Judge Gillmor's (ECF #37 ) Order Granting Defendant's Motion to Stay (ECF #11 ), the STAY of proceedings in this case remains in effect pending mediation.Court sets Confidential Telephone Conference for 4/2/2021 at 8:45 a.m. before Magistrate Judge Trader. No submissions required. If case not resolved, parties to be prepared to discuss viability and timing of settlement discussions with the the Court. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326(No Record / 9:30 - 9:40 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
February 12, 2021 Filing 45 EO: Dial-in instructions for the Confidential Telephone Conference set for 2/19/2021 at 9:30 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-47352. Access Code 2070326 (MAGISTRATE JUDGE ROM TRADER)(laa)
November 10, 2020 Filing 44 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Parties confirm mediation scheduled for 2/2/2021 with Mediator, Keith Hunter. Pursuant to District Judge Gillmor's (ECF #37 ) Order Granting Defendant's Motion to Stay (ECF #11 ), filed 8/17/2020, this case is stayed pending mediation. All pending deadlines are held in abeyance. The Settlement Conference previously scheduled for 5/28/2021 at 10:00 a.m. before Magistrate Judge Trader will remain on calendar.Court sets Confidential Telephone Conference for 2/19/2021 at 9:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.(No Record / 9:30 - 9:40 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
November 4, 2020 Filing 43 EO: Dial-in instructions for Confidential Telephone Conference set for 11/10/2020 at 9:30 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)
October 16, 2020 Filing 42 STATUS REPORT Joint Status Report Regarding Mediation by David Boland, Inc., Western Surety Company. (Oshiro, Anna)
October 13, 2020 Filing 41 Today, October 13, 2020, the Parties sent an e-mail to the Courtroom Manager stating that they have agreed to a mediator and a procedure for mediation.The Status Conference set for Wednesday, October 14, 2020, at 10:30 a.m. is VACATED.The Parties shall file a Joint Statement Regarding Mediation on or before Friday, October 16, 2020.The Joint Statement shall outline the schedule for the Parties' mediation and the substantive procedures they have agreed upon for the mediation before Mediator Keith Hunter. (JUDGE HELEN GILLMOR)(tl)
October 7, 2020 Filing 40 STATUS REPORT of Defendants Regarding Mediation; Certificate of Service by David Boland, Inc., Western Surety Company. (Seehase, Loren)
October 7, 2020 Filing 39 EO: On August 13, 2020, the Court ordered the Parties to file a Joint Statement naming an agreed-upon mediator and the proposed procedure for conducting the mediation prior to October 7, 2020. (ECF No. 35).The Court continued the matter to Wednesday, October 14, 2020, at 10:30 a.m., for a telephonic hearing if the Parties were unable to agree to a mediator and the procedure. (Id.)On October 6, 2020, Plaintiff filed a Status Report Regarding Mediation (ECF No. 38). The Status Report states that the Parties agreed to a mediator but that they did not agree to a procedure.The Court will hold the hearing scheduled for Wednesday, October 14, 2020, at 10:30 a.m., via telephone.Should the Parties establish the procedure with mediator Keith Hunter prior to October 13, 2020, the Parties may notify the Court in writing so the Court may consider vacating the hearing. Pursuant to the CARES Act, the Court will be using AT&T Connect Audio Conference for this Motion Hearing. For anyone who wishes to participate in this hearing, please follow the participant instructions below:Counsel and applicable Parties must connect to the conference at least five (5) minutes before the scheduled start time of the hearing so that the Courtroom Manager can take attendance.PARTICIPANT INSTRUCTIONS:1. Dial 1-888-684-8852 2. Enter your Access Code (7273604) when prompted followed by the pound (#) sign.3. Message will say "To join the conference as the host press star (*) otherwise press pound (#)." 4. Press pound (#). Message will say "The host has not yet arrived, please standby. 5. When the Host joins, you will then be connected to the Conference. (JUDGE HELEN GILLMOR)(tl)
October 6, 2020 Filing 38 STATUS REPORT REGARDING MEDIATION by Delta Construction Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(Koja, Tedson)
August 17, 2020 Opinion or Order Filing 37 ORDER GRANTING DEFENDANTS' MOTION TO STAY (ECF No. #11 ) - Signed by JUDGE HELEN GILLMOR on 8/17/2020. Defendants' Motion to Dismiss Plaintiff's Complaint or, alternatively, Motion to Stay (ECF No. #11 ) is GRANTED, IN PART. This case is STAYED. The Parties shall proceed to mediation. The Parties shall file with the Court a Joint Statement naming the mediator and the proposed procedure for conducting the mediation prior to October 7, 2020. The matter is continued to Wednesday, October 14, 2020, at 10:30 a.m., before the Honorable Helen Gillmor for a telephonic conference if the Parties have been unable to agree to a mediator and the proposed procedure. The Court will require periodic joint status reports regarding the status of the mediation. (jo)
August 14, 2020 Filing 36 EP: TELEPHONE CONFERENCE held.Discussion had regarding STAY ordered by Senior District Judge Gilmor at the 08/13/2020 hearing on [ECF 11] Defendants' Motion to Dismiss Plaintiff's Complaint or, Alternatively, Motion to Stay. See, ECF 35. Parties working to identify a mediator and devise proposed procedures by the 10/07/2020 deadline. Parties agree to cooperate with voluntary exchange of disclosures and discovery to assist in mediation.Confidential Telephone Conference set for 11/10/2020 at 9:30 a.m. before Magistrate Judge Trader. Courtroom Manager to provide dial-in instructions. (ATT / 9:12 - 9:22) (MAGISTRATE JUDGE ROM TRADER)(jp)
August 13, 2020 Filing 35 EP: Telephonic Motion Hearing held on Defendants Motion to Dismiss Plaintiffs Complaint or, Alternatively, Motion to Stay (ECF No. #11 ).The Court and the attorneys appeared via telephonic conference.Discussions held.Defendants' Motion to Dismiss Plaintiff's Complaint or, alternatively, Motion to Stay (ECF No. #11 ) is GRANTED, IN PART.This case is STAYED. The Parties shall proceed to mediation. The Parties shall file with the Court a Joint Statement naming the mediator and the proposed procedure for conducting the mediation prior to October 7, 2020.The matter is continued to Wednesday, October 14, 2020, at 10:30 a.m., before the Honorable Helen Gillmor for a telephonic conference if the Parties have been unable to agree to a mediator and the proposed procedure.The Court will require periodic joint status reports regarding the status of the mediation. The Court will issue a written order.(Court Reporter Ann Matsumoto.) (JUDGE HELEN GILLMOR)(il, )
July 28, 2020 Filing 34 NOTICE of Hearing on Motion #11 MOTION to Dismiss Plaintiff's Complaint or, Alternatively, Motion Stay.The Motion Hearing is scheduled for Thursday, August 13, 2020 at 10:30 AM before JUDGE HELEN GILLMOR.Pursuant to the CARES Act, the Court will be using AT&T Connect Audio Conference for this Motion Hearing. For anyone who wishes to participate in this hearing, please follow the participant instructions below:Counsel and applicable Parties must connect to the conference at least five (5) minutes before the scheduled start time of the hearing so that the Courtroom Manager can take attendance.PARTICIPANT INSTRUCTIONS: 1. Dial 1-888-684-8852 2. Enter your Access Code (7273604) when prompted followed by the pound (#) sign. 3. Message will say "To join the conference as the host press star (*) otherwise press pound (#)." 4. Press pound (#). Message will say "The host has not yet arrived, please standby. 5. When the Host joins, you will then be connected to the Conference.(il, )
June 4, 2020 Filing 33 REPLY to Response to Motion re #11 MOTION to Dismiss Plaintiff's Complaint or, Alternatively, Motion Stay filed by David Boland, Inc., Western Surety Company. (Attachments: #1 Declaration Ex A - Declaration of Craig Hildebrandt, #2 Certificate of Service)(Oshiro, Anna)
June 3, 2020 Filing 32 Amended Corporate Disclosure Statement by Delta Construction Corporation identifying Corporate Parent Delta Holdings, Inc. for Delta Construction Corporation.. (Attachments: #1 Certificate of Service)(Tsugawa, Eric)
June 1, 2020 Opinion or Order Filing 31 RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 6/1/2020. (jo)
June 1, 2020 Filing 30 EP: RULE 16 SCHEDULING CONFERENCE held.Discussion had regarding [ECF 11] Defendants' Motion to Dismiss Plaintiff's Complaint or, Alternatively, Motion to Stay currently pending before Honorable Helen Gillmor. Telephone Conference set for August 14, 2020 at 9:00 a.m. before Magistrate Judge Trader. No submission required prior to conference.Rule 16 Scheduling Conference Order to issue.Dates given:Non-Jury Trial is set for 08/31/2021 at 9:00 a.m. in Aha Kanawai before JUDGE HELEN GILLMOR. Final Pretrial Conference is set for 07/20/2021 at 9:00 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Final Pretrial Conference is set for 08/19/2021 at 10:30 a.m. in Aha Kanawai before JUDGE HELEN GILLMOR. Settlement Conference is set for 05/28/2021 at 10:00 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Telephone Conference is set for 08/14/2020 at 9:00 a.m. before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 03/31/2021. Discovery due by 07/02/2021. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp)
May 28, 2020 Opinion or Order Filing 29 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO LINDY K. KEOWN re: #26 - Signed by MAGISTRATE JUDGE ROM TRADER on 5/28/2020. LINDY K. KEOWN, ESQ. (Firm: Baker & Hostetler LLP) added as attorney Pro Hac Vice for Defendants (jo)
May 28, 2020 Opinion or Order Filing 28 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO MICHAEL S. VITALE re: #25 - Signed by MAGISTRATE JUDGE ROM TRADER on 5/28/2020. MICHAEL S. VITALE, ESQ. (Firm: Baker & Hostetler LLP) added as attorney Pro Hac Vice for Defendants (jo)
May 28, 2020 Opinion or Order Filing 27 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO DENIS L. DURKIN re: #24 - Signed by MAGISTRATE JUDGE ROM TRADER on 5/28/2020. DENIS L. DURKIN, ESQ. (Firm: Baker & Hostetler LLP) added as attorney Pro Hac Vice for Defendants (jo)
May 27, 2020 Filing 26 MOTION for Pro Hac Vice of Lindy K. Keown; Declaration of Counsel Filing fee $ 300, receipt number 0975-2376065.Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company (Oshiro, Anna)
May 27, 2020 Filing 25 MOTION for Pro Hac Vice of Michael S. Vitale; Declaration of Counsel Filing fee $ 300, receipt number 0975-2376062.Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company (Oshiro, Anna)
May 27, 2020 Filing 24 MOTION for Pro Hac Vice of Denis L. Durkin; Declaration of Counsel Filing fee $ 300, receipt number 0975-2376058.Anna H. Oshiro appearing for Defendants David Boland, Inc., Western Surety Company (Oshiro, Anna)
May 27, 2020 ADVISORY ENTRY-Submission of Proposed Orders - Please be advised that Documents #26 , #27 , and #28 Motions for Pro Hac Vice include proposed orders for the Judge's signature. If the filing party has not already done so, please email the documents to the applicable chambers' email address. See Section 10.4- Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for additional instructions and a list of judge's email addresses. (jo)
May 26, 2020 Filing 23 EO: In accordance with the Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, issued on April 16, 2020 by Chief District Judge Seabright, until further court order or notice, all proceedings before Magistrate Judge Trader will be conducted by telephone or other electronic means. Call-in information for the Rule 16 Scheduling Conference set for 06/01/2020 at 9:00 a.m. before Magistrate Judge Trader is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Participants to call in per the instructions below:1. Dial 1-888-363-47352. Enter Access Code (2070326) when prompted followed by the pound (#) sign.3. Message will say "To join the conference as host press star (*) otherwise press pound (#).4. Press pound (#). Message will say "The host has not yet arrived, please standby".5. You will hear "At the tone state your name." You will then be connected to the Conference. (MAGISTRATE JUDGE ROM TRADER)(jp)
May 26, 2020 Filing 22 INITIAL DISCLOSURE by David Boland, Inc., Western Surety Company. (Oshiro, Anna)
May 22, 2020 Filing 21 Scheduling Conference Statement of Defendants David Boland, Inc. and Western Surety Company; Certificate of Service. (Oshiro, Anna)
May 22, 2020 Filing 20 INITIAL DISCLOSURE by Delta Construction Corporation. (Attachments: #1 Certificate of Service)(Tsugawa, Eric)
May 22, 2020 Filing 19 REPORT of Planning Meeting . (Attachments: #1 Certificate of Service)(Tsugawa, Eric)
May 22, 2020 Filing 18 Plaintiff Delta Construction Corporation's Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Tsugawa, Eric) Docket Text Modified on 5/26/2020 (jo)
May 21, 2020 Filing 17 MEMORANDUM in Opposition re #11 MOTION to Dismiss Plaintiff's Complaint or, Alternatively, Motion Stay Filed April 24, 2020 filed by Delta Construction Corporation. (Attachments: #1 Declaration of Jeffrey G. Ashmore, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Certificate of Service)(Tsugawa, Eric)
May 13, 2020 Filing 16 NOTICE of Appearance by Loren A. Seehase on behalf of David Boland, Inc., Western Surety Company (Seehase, Loren)
May 7, 2020 Filing 15 EO: On April 24, 2020, Defendants David Boland, Inc. and Western Surety Company filed:DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT OR, ALTERNATIVELY, MOTION TO STAY (ECF No. #11 ).On May 5, 2020, the case was reassigned to District Judge Helen Gillmor.Plaintiff shall file its Opposition on or before Thursday, May 21, 2020.Defendants shall file their Reply on or before Thursday, June 4, 2020.Given the current public health crisis, the Court will notify the parties in due course whether a hearing will be held in court, by video conference, by telephone conference, or whether the matter will be submitted without a hearing pursuant to District of Hawaii Local Rule 7.1(c). If all parties jointly desire one of those particular options, they may submit a letter request to gillmor_orders@hid.uscourts.gov. SO ORDERED by (JUDGE HELEN GILLMOR)(il, )
May 5, 2020 Filing 14 NOTICE of Case Reassignment: Please reflect new Civil case number CV 20-00133 HG -RT on all further pleadings. (emt, )
May 5, 2020 Filing 13 Consent Election Form
May 4, 2020 Filing 12 EO: The Court directs the Clerks Office to reassign this case to a District Judge. Magistrate Judge Trader will remain as the Magistrate Judge on this case. (MAGISTRATE JUDGE ROM TRADER)(jp)
April 24, 2020 Filing 11 MOTION to Dismiss Plaintiff's Complaint or, Alternatively, Motion Stay Anna H. Oshiro appearing for Defendants Western Surety Company, David Boland, Inc. (Attachments: #1 Memorandum In Support of Defendants' Motion to Dismiss Plaintiff's Complaint or, Alternatively, Motion to Stay, #2 Declaration of Craig Hildebrandt, #3 Exhibit A, #4 Exhibit B)(Oshiro, Anna)
April 23, 2020 Filing 10 SUMMONS Returned Executed by Delta Construction Corporation. David Boland, Inc. served on 4/3/2020. (Koja, Tedson)
April 17, 2020 Filing 9 Consent Election Form
March 31, 2020 Filing 8 Corporate Disclosure Statement by Delta Construction Corporation. (Tsugawa, Eric)
March 27, 2020 Filing 7 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. (Attachments: #1 Election Form: Consent to Jurisdiction by United States Magistrate Judge) While the decision to consent or not to consent to the exercise of jurisdiction by the magistrate judge is entirely voluntarily, the duty to respond to this notice is mandatory. Each party must indicate consent or decline to consent by completing the attached Election Form and filing it with the court no later than twenty-one (21) days after entry of appearance. In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (emt, )
March 27, 2020 Filing 6 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (emt, )
March 27, 2020 Opinion or Order Filing 5 Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 6/1/2020 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/27/2020. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, )
March 27, 2020 Filing 4 Summons Issued as to All Defendants. (emt, )
March 27, 2020 Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00133 RT on all further pleadings. (emt, )
March 25, 2020 Filing 2 Summons (Proposed) (Tsugawa, Eric)
March 25, 2020 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0975-2352194.), filed by Delta Construction Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Civil Cover Sheet Civil Cover Sheet)(Tsugawa, Eric)

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Search for this case: Delta Construction Corporation v. David Boland, Inc. et al
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Defendant: David Boland, Inc.
Represented By: Anna H. Oshiro
Represented By: Loren A. Seehase
Represented By: Denis L. Durkin
Represented By: Lindy K. Keown
Represented By: Michael S. Vitale
Represented By: Nicholas Koukala Ernst
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Defendant: Western Surety Company
Represented By: Anna H. Oshiro
Represented By: Loren A. Seehase
Represented By: Denis L. Durkin
Represented By: Lindy K. Keown
Represented By: Michael S. Vitale
Represented By: Nicholas Koukala Ernst
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Plaintiff: United States
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Plaintiff: Delta Construction Corporation
Represented By: Eric H. Tsugawa
Represented By: Tedson H. Koja
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