United States of America v. Dix Corporation et al
Plaintiff: United States of America and K&N Electric Motors, Inc.
Defendant: Dix Corporation and Western Surety Company
Case Number: 2:2016cv00061
Filed: February 8, 2016
Court: US District Court for the District of Idaho
Office: CDA - Northern Office
County: Bonner - Northern
Presiding Judge: B Lynn Winmill
Nature of Suit: Miller Act
Cause of Action: 40 U.S.C. § 3133
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 11, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 11, 2017 Opinion or Order Filing 30 JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment be entered and that this case be dismissed in its entirety, with prejudice, with each party bearing its own costs and attorney fees. Signed by Judge B. Lynn Winmill. (km)
April 11, 2017 Opinion or Order Filing 29 ORDER. IT IS ORDERED: The parties' Stipulated Motion to Dismiss with Prejudice (Dkt. #28 ) is GRANTED, and this case is dismissed, with prejudice, with each party bearing its own costs and attorney fees. The Court will issue a separate judgment in accordance with Federal Rul of Civil Procedure 58. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
April 10, 2017 Filing 28 MOTION to Dismiss with Prejudice (Stipulated) Ryan D. Yahne appearing for Defendants Dix Corporation, Western Surety Company. Responses due by 5/1/2017 (Yahne, Ryan)
February 23, 2017 Filing 27 DOCKET ENTRY NOTICE OF HEARING: A Telephonic Interim Status Conference is set for 3/14/2017 at 3:00 PM Mountain Time before Judge B. Lynn Winmill. Plaintiff is directed to initiate the conference call. The Court can be reached at 208-334-9145.(jlb)
February 6, 2017 Opinion or Order Filing 26 DOCKET ENTRY ORDER granting #23 Motion for Extension of Time. Completion of Discovery shall be April 21, 2017; and the Dispositive Motion Deadline shall be June 9, 2017. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (js)
February 2, 2017 Filing 25 AFFIDAVIT of Richard D. Campbell re #24 Declaration filed by United States of America . (Campbell, Richard)
February 2, 2017 Filing 24 DECLARATION of Nicholas D. Kovarik re #23 Joint MOTION for Extension of Time to Complete Discovery filed by Dix Corporation, Western Surety Company . (McDonnell, Benjamin)
January 30, 2017 Filing 23 Joint MOTION for Extension of Time to Complete Discovery Benjamin McDonnell appearing for Defendants Dix Corporation, Western Surety Company. Responses due by 2/24/2017 (Attachments: #1 Declaration of Benjamin J. McDonnell)(McDonnell, Benjamin)
January 23, 2017 Filing 22 DOCKET ENTRY ORDER approving #21 Motion for Pro Hac Vice Appearance of attorney Benjamin McDonnell for Dix Corporation and Western Surety Company. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
January 18, 2017 Filing 21 MOTION FOR PRO HAC VICE APPEARANCE by Benjamin J. McDonnell. ( Filing fee $ 225 receipt number 0976-1538451.)Ryan D. Yahne appearing for Defendants Dix Corporation, Western Surety Company. Responses due by 2/13/2017 (Yahne, Ryan)
June 24, 2016 Filing 20 ADR Plan by Plaintiff United States of America(Campbell, Richard)
May 18, 2016 Opinion or Order Filing 19 DOCKET ENTRY ORDER denying as moot #18 Motion for Leave to File pursuant to the informal conversation between counsel and the Court's staff. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (js)
May 10, 2016 Filing 18 MOTION for Leave to File Two Summary Judgment Motions Ryan D. Yahne appearing for Defendants Dix Corporation, Western Surety Company. Responses due by 6/3/2016 (Attachments: #1 Memorandum in Support, #2 Affidavit Declaration of Ryan D. Yahne)(Yahne, Ryan)
May 6, 2016 Filing 17 ANSWER to #16 Amended Answer to Complaint, Counterclaim and Affirmative Defenses by United States of America.(Campbell, Richard)
May 2, 2016 The 60 day deadline has expired. Case will remain with a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (st)
April 12, 2016 Filing 16 AMENDED ANSWER to #1 Complaint, Affirmative Defenses and, COUNTERCLAIM against United States of America by Dix Corporation. (Attachments: #1 Exhibit A-B, #2 Exhibit C-E)(Yahne, Ryan)
April 11, 2016 Filing 15 ANSWER to #1 Complaint, Affirmative Defenses and, COUNTERCLAIM against United States of America by Dix Corporation. (Attachments: #1 Exhibit A-B, #2 Exhibit C-E)(Yahne, Ryan)
March 30, 2016 Opinion or Order Filing 14 CASE MANAGEMENT ORDER. (ADR Plan to be filed by 6/30/2016. Amended Pleadings due by 5/13/2016. Discovery due by 2/24/2017. Joinder of Parties due by 5/13/2016. Dispositive Motions due by 3/30/2017.). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
March 29, 2016 Opinion or Order Filing 13 DOCKET ENTRY ORDER. For the TSC set for March 30, 2016, the Government is asked to use the following number for the Court instead of the typical conference number. (208) 334-9027. Signed by Judge B. Lynn Winmill. (js)
March 25, 2016 Filing 12 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by United States of America. (Campbell, Richard)
March 11, 2016 Filing 11 WAIVER OF SERVICE Returned Executed by United States of America. Western Surety Company waiver sent on 2/10/2016, answer due 4/11/2016. (Campbell, Richard)
March 11, 2016 Filing 10 WAIVER OF SERVICE Returned Executed by United States of America. Dix Corporation waiver sent on 2/10/2016, answer due 4/11/2016. (Campbell, Richard)
March 8, 2016 Filing 9 Corporate Disclosure Statement by Western Surety Company identifying Corporate Parent The Continental Corporation, Corporate Parent Loews Corporation, Corporate Parent Continental Casualty Company, Corporate Parent CNA Financial Corporation for Western Surety Company.. (Yahne, Ryan)
February 26, 2016 Filing 8 DOCKET ENTRY ORDER approving #5 Motion for Pro Hac Vice Appearance of attorney Nicholas D Kovarik for Dix Corporation. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
February 26, 2016 Filing 7 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Dix Corporation, United States of America, and Western Surety Company re #3 Notice of Appearance. Consent/Objection to Magistrate due by 4/29/2016. (st)
February 26, 2016 Filing 6 NOTICE OF HEARING: A Telephonic Scheduling Conference is set for 3/30/2016 at 10:00 AM (MDT) before Judge B. Lynn Winmill. (Attachments: #1 Litigation Plan Letter, #2 Litigation Plan)(jlb)
February 25, 2016 Filing 5 MOTION FOR PRO HAC VICE APPEARANCE by Nicholas D. Kovarik. ( Filing fee $ 225 receipt number 0976-1411431.)Ryan D. Yahne appearing for Defendants Dix Corporation, Western Surety Company. Responses due by 3/21/2016 (Yahne, Ryan)
February 25, 2016 Filing 4 Corporate Disclosure Statement by Dix Corporation. (Yahne, Ryan)
February 25, 2016 Filing 3 NOTICE of Appearance by Ryan D. Yahne on behalf of All Defendants (Yahne, Ryan)
February 8, 2016 Filing 2 Corporate Disclosure Statement by United States FBO K&N Industrial Equipment, a division of K&N Electric Motors, Inc.. (Campbell, Richard)
February 8, 2016 Filing 1 COMPLAINT for Breach of Contract; Unjust Enrichment/Quantum Meriut; and Miller Act Bond Enforcement against All Defendants ( Filing fee $ 400 receipt number 0976-1404056.), filed by United States FBO K&N Industrial Equipment, a division of K&N Electric Motors, Inc.. (Attachments: #1 Cover Sheet Civil Cover Sheet)(Campbell, Richard)

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Defendant: Dix Corporation
Represented By: Benjamin McDonnell
Represented By: Ryan D. Yahne
Represented By: Nicholas D Kovarik
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Defendant: Western Surety Company
Represented By: Benjamin McDonnell
Represented By: Ryan D. Yahne
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Plaintiff: United States of America
Represented By: Richard D Campbell
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Plaintiff: K&N Electric Motors, Inc.
Represented By: Richard D Campbell
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