Merchants Bonding Company v. Siteworx Design Build, LLC et al
Plaintiff: Merchants Bonding Company
Defendant: Siteworx Design Build, LLC and Kenneth M. Holland
Case Number: 2:2016cv00127
Filed: July 7, 2016
Court: US District Court for the Eastern District of Kentucky
Office: Covington Office
County: Kenton
Presiding Judge: William O Bertelsman
Referring Judge: Candace J Smith
2 Judge: J Gregory Wehrman
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 19, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2017 Opinion or Order Filing 40 AMENDED JUDGMENT: That judgment be, and is hereby, ENTERED IN FAVOR OF PLAINTIFF MERCHANTS BONDING COMPANY AGAINST DEFENDANT KENNETH HOLLAND in the amount of $532,703.43 re: #36 Judgment (*Amended to reflect the amount of the Judgment. All other aspects of the Judgment remain the same). Signed by Judge William O. Bertelsman on 12/19/2017.(ECO)cc: COR
December 12, 2017 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #39 Notice of Filing (TJZ)
December 11, 2017 Opinion or Order Filing 39 NOTICE OF FILING by Merchants Bonding Company re #38 Order, Set Deadlines,, (Attachments: #1 Exhibit A - Itemized List of Losses and Expenses, #2 Exhibit B - Payment to Colby Consulting, Inc., #3 Exhibit C - Attorney Fees, #4 Exhibit D - Payment to IBG Construction Services, LLC, #5 Exhibit E - Payment to Advantage Concrete Pumping, Inc., #6 Exhibit F - Payment to Southwest Ohio Pumping Concrete, Inc., #7 Exhibit G - Payment to Boone Ready Mix, Inc., #8 Exhibit H - TWC Concrete Services, LLC, #9 Exhibit I - Miscellaneous Expenses)(Galloway, Rebecca)
November 29, 2017 Opinion or Order Filing 38 ORDER: That Plaintiff file supplemental documentary evidence of the amounts it claims to be owed by no later than 12/11/2017 re #37 Supplemental Brief/Affidavit. Signed by Judge William O. Bertelsman on 11/29/2017.(ECO)cc: COR w/copy mailed to Kenneth Holland, pro se Modified bold text on 11/29/2017 (ECO).
November 27, 2017 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #37 Supplemental Brief/Affidavit by Merchants Bonding Company re: #35 Memorandum Opinion & Order (ECO)
November 22, 2017 Opinion or Order Filing 37 SUPPLEMENTAL BRIEF/AFFIDAVIT re #35 Memorandum Opinion & Order by Merchants Bonding Company. (Attachments: #1 Affidavit of Michael C. Fisk Providing Evidentiary Support as to the Amount Owed Merchants Bonding Company Under the General Agreement of Indemnity)(Zipperle, Gene) Modified text to better describe document on 11/27/2017 (ECO).
November 15, 2017 Opinion or Order Filing 36 JUDGMENT: summary judgment is ENTERED IN FAVOR OF PLAINTIFF MERCHANTS BONDING COMPANY AGAINST DEFENDANT KENNETH HOLLAND. Signed by Judge William O. Bertelsman on 11/15/2017.(TJZ)cc: COR, Kenneth M. Holland via US Mail. Modified text on 11/16/2017 (TJZ).
November 15, 2017 Opinion or Order Filing 35 MEMORANDUM OPINION & ORDER: 1) the claims asserted against Defendant Siteworx are DISMISSED WITHOUT PREJUDICE; 2) plaintiff's motion for summary judgment #23 is GRANTED as to defendant Kenneth Holland; 3) within 10 days plaintiff shall file a supplemental brief with evidentiary support providing further clarification as to the amount plaintiff claims is owed under the GAI. Review of plaintiff's previous submissions reflects some discrepancies. Signed by Judge William O. Bertelsman on 11/15/2017. (TJZ)cc: COR, Kenneth M. Holland via US Mail Modified text on 11/16/2017 (TJZ).
November 8, 2017 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #34 Notice Regarding Service on Siteworx Design Build, LLC re: #33 Order. (ECO)
November 7, 2017 Opinion or Order Filing 34 NOTICE by Merchants Bonding Company re #33 Order, NOTICE REGARDING SERVICE ON SITEWORX DESIGN BUILD, LLC (Zipperle, Gene) Modified to take out extra text on 11/8/2017 (ECO).
October 23, 2017 Opinion or Order Filing 33 ORDER: That the above motion #32 is GRANTED. Plaintiff shall have until 11/1/2017, to effectuate service on defendant Siteworx Design Build, LLC. Plaintiff shall file proof on such service within 5 days. No further extensions will be granted. Signed by Judge William O. Bertelsman on 10/23/2017.(ECO)cc: COR, cc mailed to Kenneth Holland, pro se
October 20, 2017 Opinion or Order NOTICE OF DOCKET MODIFICATION TO Gene Zipperle #31 RESPONSE to Order; Error: This is a response AND a motion. The document was filed only as a response when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the document as a Motion #32 . In the future, when filing multiple documents within one filing, please refer to the ECF User Manual Filing Other Types of Documents for the correct procedure. No further steps required by counsel. cc: COR (ECO)
October 20, 2017 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #31 RESPONSE,, ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #32 MOTION for Extension of Time by Merchants Bonding Company (ECO)
October 19, 2017 Opinion or Order Filing 32 MOTION FOR ADDITIONAL TIME TO EFFECUTATE SERVCIE by Merchants Bonding Company (Attachments: #1 Exhibit A-General Agreement of Indemnity, #2 Exhibit B-Bonds, #3 Exhibit C-NYS Department of State-Entity Information, #4 Exhibit D-Summons-Kenneth Holland as Agent of Service for Siteworx Design Build, LLC, #5 Exhibit Process-Server-Guaranteed Subpoena Service, Inc., #6 Proposed Order) (Filed per QC DE #31) (ECO)
October 19, 2017 Opinion or Order Filing 31 RESPONSE to #27 Order that, pursuant to Fed.R.Civ.P. 4(m), Plaintiff shall show cause why the claims against Defendant Siteworx Design Build, LLC should not be dismissed filed by Merchants Bonding Company. (Attachments: #1 Exhibit A [General Agreement of Indemnity], #2 Exhibit B [Bonds], #3 Exhibit C [NYS Department of State - Entity Information], #4 Exhibit D [Summons - Kenneth Holland as Agent of Service for Siteworx Design Build, LLC], #5 Exhibit E [Process Server - Guaranteed Subpoena Service, Inc.], #6 Proposed Order)(Zipperle, Gene)
October 13, 2017 Opinion or Order Clerk's Note: Order at 28 was entered in the wrong case and access to viewing has been restricted. (ECO)
October 12, 2017 Opinion or Order Filing 30 Summons Issued as to Siteworx Design Build, LLC; Summons issued and returned to counsel electronically (ECO)
October 12, 2017 Opinion or Order Filing 29 NOTICE OF FILING by Merchants Bonding Company (Attachments: #1 Summons for Kenneth Holland as Agent for Siteworx Design Build, LLC)(Zipperle, Gene)
October 10, 2017 Opinion or Order Filing 27 ORDER: That, pursuant to Fed. R. Civ. P. 4(m), plaintiff shall show cause on or before October 19, 2017, why the claims against defendant Siteworx Design Build, LLC should not be dismissed. If plaintiff does not effect service on or before this date, defendant Siteworx Design Build, LLC will be dismissed without prejudice.. Signed by Judge William O. Bertelsman on 10/10/2017.(ECO)cc: COR, with copy mailed to Kenneth M. Holland, pro se Def
September 22, 2017 Opinion or Order Filing 26 ORDER: That Defs file a response to plf's motion #23 on or before 10/2/2017, failing which the Court may grant said motion. Signed by Judge William O. Bertelsman on 9/22/2017.(ECO)cc: COR w/copy mailed to Kenneth M. Holland, pro se Def. Modified text to add cc mailed on 9/22/2017 (ECO).
September 18, 2017 Opinion or Order Filing 24 GENERAL ORDER 17-15: 1) Effective immediately, the Clerk is DIRECTED to REASSIGN all matters referred to Magistrate Judge J. Gregory Wehrman to another Magistrate Judge accepting cases on the docket of the pending matter as set forth in General Order 15-1 except cases reassigned pursuant to General Order 17-14. 2) A copy of this Order shall be filed in each appropriate case with a copy to all counsel. Signed by Judge Karen K. Caldwell on 9/18/2017.(ECO)cc: COR
September 18, 2017 Opinion or Order Conflict Check run. (ECO)
August 25, 2017 Opinion or Order Filing 23 MOTION for Summary Judgment by Merchants Bonding Company (Attachments: #1 Memorandum in Support, #2 Exhibit A [General Agreement of Indemnity], #3 Exhibit B [Bonds], #4 Exhibit C [Affidavit of Michael C. Fisk - Merchants Bonding Company], #5 Exhibit D [Requests for Admissions Propounded on Kenneth M. Holland], #6 Exhibit E [Requests for Admissions Propounded on Siteworx Design Build, LLC], #7 Proposed Order)(Zipperle, Gene)
August 23, 2017 Opinion or Order Filing 22 ORDER: On or before 8/28/2017 Plf shall file its dispositive motion. Signed by Magistrate Judge J. Gregory Wehrman on 8/27/2017.(ECO)cc: COR
August 23, 2017 Opinion or Order Clerk's Note: re #22 Order. Copy mailed to Kenneth M. Holland, pro se Def at address listed on the docket sheet. (ECO)
August 21, 2017 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: re #21 MOTION for Extension of Time to File by Merchants Bonding Company (ECO)
August 18, 2017 Opinion or Order Filing 21 MOTION for Extension of Time to File Motion for Summary Judgment by Merchants Bonding Company Motions referred to J. Gregory Wehrman. (Attachments: #1 Proposed Order on Motion for Extension of Time to File Motion for Summary Judgment)(Galloway, Rebecca) Modified text to better describe document on 8/21/2017 (ECO).
July 19, 2017 Opinion or Order Filing 20 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 7/19/2017 before Magistrate Judge J. Gregory Wehrman: 1) The requests for admissions shall be deemed ADMITTED; 2) On or before 8/21/2017 plaintiff shall file its dispositive motion. (Court Reporter Lisa Wiesman.) (TJZ)cc: COR, Kenneth Holland via US Mail
July 13, 2017 Opinion or Order Filing 19 ORDER: 1) This matter is set for a TELEPHONIC STATUS CONFERENCE on 7/19/2017 at 11:00 AM Eastern Time The parties are directed to dial 1-877-336-1280 and enter the access code 2637915 when prompted. 2) Def Kenneth M. Holland SHALL participate in this phone conference. Signed by Magistrate Judge J. Gregory Wehrman on 7/13/2017.(ECO)cc: COR, cc mailed to Kenneth M. Holland, pro se Def, at address listed on the docket sheet.
July 11, 2017 Opinion or Order Filing 18 STATUS REPORT by Merchants Bonding Company. (Attachments: #1 Exhibit A [Requests for Admission], #2 Exhibit B [Interrogatories], #3 Exhibit C [Requests for Production of Documents])(Zipperle, Gene)
July 11, 2017 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: #18 Status Report (ECO)
May 11, 2017 Opinion or Order Filing 17 AMENDED MINUTE ENTRY FOR DOCKET CALL HELD ON 5/10/2017: *Amended to correct that counsel of record at hearing was Gene F. Zipperle, Jr.* re #16 Docket Call. All other aspects of the Order remain the same. (ECO)cc: COR, cc mailed to Kenneth Holland, pro se Def, at address listed on the docket sheet.(ECO)cc: COR
May 10, 2017 Opinion or Order Filing 16 MINUTE ENTRY ORDER FOR DOCKET CALL held on 5/102017 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED that Discovery shall be completed on or before 7/10/2017 with joint or separates status reports due the same date.Although documents must now be filed electronically with the Court Clerk, a PAPER court courtesy copy must be provided to CHAMBERS within 48 hours of the filing of the brief or memorandum in support of any motion, where such brief or memorandum (including any attached exhibits) exceeds 10 pages. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
April 26, 2017 Opinion or Order Filing 15 ORDER: That said DOCKET CALL is set for 5/10/2017 at 01:30 PM, via telephone. Counsel for Plaintiff and Pro Se Defendant Kenneth M. Holland shall connect to the conference five minutes before the call is scheduled to begin. To connect to the call, dial 877-336-1280. Then, when prompted to enter the participant access code, enter 4610163. Signed by Judge William O. Bertelsman on 4/26/2017.(ECO)cc: COR, cc of Order mailed to Kenneth M. Holland, pro se Def, at address listed on the docket sheet.
April 6, 2017 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: #14 Response to Order to Show Cause, (MCB)
April 5, 2017 Opinion or Order Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by Merchants Bonding Company #13 filed by Merchants Bonding Company. (Attachments: #1 Exhibit A [New York Department of State - DOS Process], #2 Exhibit B [Nevada Secretary of State - Registered Agent], #3 Exhibit C [North Carolina Department of State - Company Officials], #4 Exhibit D [Georgia Corporations Division - Registered Agent])(Zipperle, Gene)
March 30, 2017 Opinion or Order Filing 13 ORDER: That pursuant to Fed. R. Civ. P. 4(m), Plf shall show cause on or before 4/7/2017, why the claims against Def Siteworx Design Build, LLC should not be dismissed. Signed by Judge William O. Bertelsman on 3/302017.(ECO)cc: COR, cc mailed to Kenneth Holland, pro se Def, at address listed on the docket sheet.
March 28, 2017 Opinion or Order Filing 12 STANDING ORDER re: Disclosure of Contact Information: 1. pro se litigants must provide current telephone number, residential address, & if different, mailing address. 2. pro se litigants must provide written notice of change of residential address, & if different, mailing address. 3. Clerk file copy of Order in all non-prisoner pro se actions. Failure to provide required information or change of address may result in appropriate sanctions. Signed by Judge Karen K. Caldwell on 5/6/2016.(ECO)cc: COR w/copy mailed to Kenneth M. Holland, pro se Def, at address listed on the docket sheet
March 28, 2017 Opinion or Order IMPORTANT NOTICE - PRIVACY RULES and REDACTION POLICY: F.R.Civ.P. 5.2 requires that personal identification information must be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers. (ECO) cc: COR w/copy to Kenneth Holland, pro se Def, at address listed on the docket sheet. Modified text on 3/28/2017 (ECO)
March 24, 2017 Opinion or Order Filing 11 ANSWER to #1 Complaint by Kenneth M. Holland, pro se Defendant.Filed pursuant to QC DE #10 . (ECO) Modified text on 3/27/2017 (ECO).
March 24, 2017 Opinion or Order Filing 10 NOTICE OF FILING by Merchants Bonding Company re #1 Complaint, (Attachments: #1 Exhibit A [Defendant's, Kenneth M. Holland, Answer to Complaint])(Zipperle, Gene)
March 3, 2017 Opinion or Order Filing 9 SUMMONS Returned Executed by Merchants Bonding Company via Served Personaly Upon the Defendant, Kenneth Holland to Kenneth M. Holland served on 2/13/2017, answer due 3/6/2017. (Zipperle, Gene)
August 12, 2016 Opinion or Order Filing 8 SUMMONS RETURNED UNEXECUTED by Merchants Bonding Company: SERVICE BY SECRETARY OF STATE to Secretary of State states return states served the defendant by sending a copy of the summons and accompanying documents via certified mail, return receipt (USPS Certified mail #7192 2677 0010 0225 2472) requested on 7/14/2016. We are enclosing the undelivered letter bearing the postal mark Attempt Not Known/Unable to Forward. (Attachments: #1 Envelope from Secretary of State to Kenneth M. Holland)(ECO)
August 8, 2016 Opinion or Order Filing 7 SUMMONS RETURNED UNEXECUTED by Merchants Bonding Company: SERVICE BY SECRETARY OF STATE. Secretary of State return states this office served the defendant by sending a copy of the summons and accompanying document via certified mail (USPS Certified Mail #7192 2677 0010 0225 2465), return receipt requested on 7/14/2016. We are enclosing the undelivered letter bearing the post mark: Return to Sender/Unable to Forward. (Attachments: #1 Secretary of State Envelope to Siteworx Design Build, LLC)(ECO)
July 18, 2016 Opinion or Order Filing 6 CERTIFIED MAIL RECEIPT (green card) sent to Kentucky Secretary of State re #5 Summons Issued. (TED)
July 7, 2016 Opinion or Order Filing 5 Summons Issued as to Kenneth M. Holland, Siteworx Design Build, LLC; Summons issued and returned to counsel by U.S. Mail for service by Secretary of State. Service packet for Secretary of State for each defendant mailed to counsel for plaintiff. (TED)
July 7, 2016 Opinion or Order Filing 4 STANDING REFERRAL ORDER referring case to Magistrate Judge at Covington to supervise discovery and other pretrial proceedings unless altered by subsequent order. The parties shall comply with paragraphs 1-2 of Standing Referral order. Signed by Judge William O. Bertelsman on 6/18/2010.(TED)cc: COR
July 7, 2016 Opinion or Order Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Merchants Bonding Company. (TED)
July 7, 2016 Opinion or Order Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-3526852), filed by Merchants Bonding Company. (Attachments: #1 Exhibit A-Application and Agreement of Indemnity Contractors Form, #2 Exhibit B-Performance Bond, #3 Civil Cover Sheet, #4 Summons to be issued for Siteworx, #5 Summons to be issued for Holland)(TED)
July 7, 2016 Opinion or Order Conflict Check run. (TED)

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Defendant: Siteworx Design Build, LLC
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Defendant: Kenneth M. Holland
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Plaintiff: Merchants Bonding Company
Represented By: Gene F. Zipperle, Jr.
Represented By: Rebecca Lynne Burroughs
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