ARMCORP CONTRUCTION, INC v. EAGLE MECHANICAL, INC et al
| Armcorp Construction, Inc. |
| Eagle Mechanical, Inc., AUTO-OWNERS INSURANCE COMPANY and EMC INSURANCE GROUP, INC. |
| 1:2022cv02436 |
| December 20, 2022 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Jane Magnus-Stinson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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| Filing 26 Defendant Auto-Owners Insurance Company's ANSWER to #10 Amended Complaint , filed by AUTO-OWNERS INSURANCE COMPANY.(Wheeler, Stephen) |
Filing 25
ORDER - Based on the pending bankruptcy petition, the Court ORDERS that all claims against Eagle are STAYED. Eagle is ORDERED to file a Report with the Court within 7 days of any order entered by the Bankruptcy Court which affects the stay. The Court ORDERS Plaintiff Armcorp Construction, Inc. ("Armcorp") and Defendants Auto-Owners Insurance Company ("Auto-Owners") and EMC Insurance Group, Inc. ("EMC") each to file a Report by February 22, 2023 stating their position regarding whether Armcorp's claims against Auto-Owners and EMC should also by stayed or should proceed. (See Order.) Signed by Judge Jane Magnus-Stinson on 2/1/2023. (JSR)
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| Filing 24 NOTICE of Bankruptcy, filed by Defendant EAGLE MECHANICAL, INC. (Attachments: #1 Exhibit 1 Petition) (Overturf, Weston) |
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Filing 23
SCHEDULING ORDER:Telephonic Initial Pretrial Conference set for 3/10/2023 10:00 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. Section III(A) through (E) of the proposed CMP shall include the following deadlines (see Order for established deadlines and additional information). Signed by Magistrate Judge Mark J. Dinsmore on 1/25/2022.(SWM)
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| Filing 22 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant EAGLE MECHANICAL, INC.. (Overturf, Weston) |
| Filing 21 NOTICE of Appearance by Weston E. Overturf on behalf of Defendant EAGLE MECHANICAL, INC.. (Overturf, Weston) |
| Filing 20 NOTICE of Appearance by Edmund Leonard Abel on behalf of Defendant EMC INSURANCE GROUP, INC.. (Abel, Edmund) |
| Filing 19 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant EMC INSURANCE GROUP, INC.. (Ruesch, Meghan) |
| Filing 18 NOTICE of Appearance by Meghan Eileen Ruesch on behalf of Defendant EMC INSURANCE GROUP, INC.. (Ruesch, Meghan) |
| Filing 17 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant AUTO-OWNERS INSURANCE COMPANY. (Wheeler, Stephen) |
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Filing 16
ORDER - This matter is before the Court on Defendant Auto-Owners Insurance Company's Motion for Enlargement of Time. [Dkt. #13 ]. Defendant requests a thirty-day extension of time to respond to Plaintiff's Amended Complaint. Plaintiff does not object to the requested extension. Defendant's motion is DENIED, as it violates Local Rule 6-1(a), which provides that no initial extension of time to respond to a pleading may exceed 28 days and that such extensions, unless objected to, must be accomplished by the filing of a Notice of Extension of Time, not a motion. Defendant may obtain a 28-day extension of its deadline by filing the requisite Notice. Signed by Magistrate Judge Mark J. Dinsmore on 1/10/2023. (SWM)
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| Filing 15 NOTICE of Appearance by Robert T. Keen, Jr on behalf of Defendant EAGLE MECHANICAL, INC.. (Keen, Robert) |
| Filing 14 Rule 7.1 Disclosure Statement by AUTO-OWNERS INSURANCE COMPANY. (Wheeler, Stephen) |
| Filing 13 MOTION for Extension of Time to 02/16/2023 to Answer Plaintiff's Amended Complaint, filed by Defendant AUTO-OWNERS INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Wheeler, Stephen) |
| Filing 12 NOTICE of Appearance by Stephen Charles Wheeler on behalf of Defendant AUTO-OWNERS INSURANCE COMPANY. (Wheeler, Stephen) |
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Filing 11
ORDER granting #4 Motion to Appear pro hac vice. Attorney John A. Gambill for ARMCORP CONSTRUCTION, INC added. If not already registered with the Court's Electronic Filing System, John A. Gambill is ordered to register within ten (10) days of the entry of this order. Copy to John A. Gambill via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 12/22/2022. (SWM)
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| Filing 10 AMENDED COMPLAINT against All Defendants, filed by ARMCORP CONSTRUCTION, INC. (Attachments: #1 Exhibit A- Subcontract, #2 Exhibit B- March 15, 2022 Letter, #3 Exhibit C- April 7, 2022, #4 Exhibit D- May 13, 2022 Letter, #5 Exhibit E- May 23, 2022 Letter, #6 Exhibit F- Donan Report, #7 Exhibit G- June 16, 2022 Default Termination Letter, #8 Exhibit H- May 11, 2022 Letter, #9 Exhibit I- September 19, 2022 Letter, #10 Exhibit J- October 19, 2022 Letter, #11 Exhibit K- June 1, 2022 Tender Letter, #12 Exhibit L- June 27, 2022 Letter)(Herceg, Manuel) |
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Filing 9
ORDER - The Court ORDERS Plaintiff to file an Amended Complaint by January 9, 2023, which addresses the issues outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. Defendants need not answer or otherwise respond to the Complaint at which this Order is directed. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/21/2022. (JSR)
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| Filing 8 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (JSR) |
| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) |
| Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) |
| Filing 5 Summons Issued as to AUTO-OWNERS INSURANCE COMPANY, EAGLE MECHANICAL, INC, EMC INSURANCE GROUP, INC.. (DRB) |
| Filing 4 MOTION for Attorney(s) John A. Gambill to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7422691), filed by Plaintiff Armcorp Construction, Inc.. (Attachments: #1 Exhibit A- Certification of John A. Gambill, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vic)(Herceg, Manuel) |
| Filing 3 Rule 7.1 Disclosure Statement by Armcorp Construction, Inc.. (Herceg, Manuel) |
| Filing 2 NOTICE of Appearance by Manuel Herceg on behalf of Plaintiff Armcorp Construction, Inc.. (Herceg, Manuel) |
| Filing 1 COMPLAINT against All Defendants, filed by Armcorp Construction, Inc.. (Filing fee $402, receipt number BINSDC-7422608) (Attachments: #1 Exhibit A- Subcontract, #2 Exhibit B- March 15, 2022 Correspondence, #3 Exhibit C- April 7, 2022 Correspondence, #4 Exhibit D- May 13, 2022 Correspondence, #5 Exhibit E- May 23, 2022 Correspondence, #6 Exhibit F- Donan Report, #7 Exhibit G- June 16, 2022 Default Termination Letter, #8 Exhibit H- May 11, 2022 Correspondence, #9 Exhibit I- September 19, 2022 Correspondence, #10 Exhibit J- October 19, 2022 Correspondence, #11 Exhibit K- June 1, 2022 Correspondence, #12 Exhibit L- June 27, 2022 Correspondence, #13 Civil Cover Sheet, #14 Proposed Summons)(Herceg, Manuel) |
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