Barcelona Equipment, Inc. v. David Boland, Inc. et al
Plaintiff: Barcelona Equipment, Inc.
Defendant: David Boland, Inc., Travelers Casualty and Surety Company of America, Target Construction, Inc. and Western Surety Company
Case Number: 2:2011cv02183
Filed: August 31, 2011
Court: US District Court for the Eastern District of Louisiana
Office: New Orleans Office
County: Out of State
Presiding Judge: Alma L. Chasez
Presiding Judge: Stanwood R. Duval
Nature of Suit: Miller Act
Cause of Action: 40:3131
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
September 14, 2015 Opinion or Order Filing 939 ORDER & REASONS - On April 14, 2015, the Court entered its Order and Reasons in the above-referenced matter. In so doing it granted the Motion of Target Construction, Inc. for Default Judgment Against Defendants Kenneth Johnson, Brenda Johnson, and Kendra & Associates 821 and ordered judgment to be entered in favor of Target Construction, Inc. and against Kenneth Johnson, Brenda Johnson, and Kendra & Associates, Inc. in the amount of $591,062.62 and costs less the amount obtained in settlement from the other defendants in this matter. Target was to provide the Court with the necessary information to make that calculation. Target did so by letter and argued to the Court that the collateral source rule should bar a reduction of the judgment by the amount of Target's settlement with the TWI defendants. The Court finds such argument unavailing. Target is not entitled to a double recovery. As such, judgment shall be entered in the amount of $591,062.62 less $165,000.00 which is $420,062.62 plus costs. Signed by Judge Stanwood R. Duval, Jr. (Reference: 12-838) (dno)
April 15, 2015 Opinion or Order Filing 877 ORDER AND REASONS granting 821 Motion for Default Judgment; judgment shall be entered in favor of Target Construction, Inc. and against Kenneth Johnson, Brenda Johnson, and Kendra & Associates, Inc. in the amount of $591,062.62 and costs le ss the amount obtained in settlement from the other defendants in this matter. FURTHER ORDERED that Target shall provide the Court with the necessary information to make this calculation no later than 4/30/2015. Signed by Judge Stanwood R. Duval, Jr on 4/15/2015. (Reference: 12-838)(blg)
January 29, 2015 Opinion or Order Filing 844 ORDER AND REASONS: ORDERED that Second Motion to Continue Submission Date 822 is GRANTED, and the hearing date for the Motion for Partial Summary Judgment 778 isCONTINUED to 4/8/2015 with any supplemental opposition to be filed no later than 5:00 p.m. on 3/23/2015. FURTHER ORDERED that the Motion for Hearing 793 is DENIED. Should the Court find that oral argument is required, it will contact the parties to set a time for same. Signed by Judge Stanwood R. Duval, Jr on 1/29/2015.(Reference: 11-2295)(my)
December 5, 2014 Opinion or Order Filing 808 ORDER & REASONS that Target Construction, Inc.'s 700 Motion for Partial Summary Judgment is DENIED. Signed by Judge Stanwood R. Duval, Jr on 12/5/14. (Reference: 11-2295)(dno)
October 16, 2014 Opinion or Order Filing 772 ORDER AND REASONS: ORDERED that Written Objection to Minute Order and Order and Reasons of Magistrate Denying Motion for Leave of Target Construction, Inc. 755 is OVERRULED and the Court affirms the decision of the Magistrate Judge as it is not clearly erroneous or contrary to law.Signed by Judge Stanwood R. Duval, Jr on 10/16/2014. (Reference: 11-2295)(my)
August 15, 2014 Opinion or Order Filing 721 ORDER AND REASONS denying 669 MOTION for Leave to File second supplemental and amended complaint. Signed by Magistrate Judge Michael North.(Reference: 11-2295)(lag)
August 12, 2014 Opinion or Order Filing 706 ORDER AND REASONS denying 490 Motion for Summary Judgment of Bauer-Pileco, Inc. Signed by Judge Stanwood R. Duval, Jr on 8/12/2014. (Reference: 11-2295)(swd)
August 11, 2014 Opinion or Order Filing 701 ORDER AND REASONS GRANTED with respect to the breach of contract claim and the LUTPA claims and DENIED with respect to the fraud claim 548 Motion for Summary Judgment. Signed by Judge Stanwood R. Duval, Jr on 8/11/2014. (Reference: 12-838)(swd)
August 4, 2014 Opinion or Order Filing 696 ORDER AND REASONS denying 692 Motion for Reconsideration of Defendants' Ingrid Arciniaga, Robert Arciniaga, and Technical Works, Inc. Motion to Disqualify Counsel for Plaintiffs. Signed by Judge Stanwood R. Duval, Jr on 8/4/2014. (Reference: 12-838)(swd)
June 16, 2014 Opinion or Order Filing 667 ORDER AND REASONS granting in part and denying in part 638 Motion for Leave to File Amended Complaint as set forth in document. Signed by Magistrate Judge Michael North. (Reference: 12-838)(lag)
January 30, 2014 Opinion or Order Filing 520 ORDER DENIED 397 Motion to Dismiss for Lack of Jurisdiction or alternatively, Motion to Stay. GRANTED as to Motion to Stay. Signed by Judge Stanwood R. Duval, Jr on 1/30/2014. It shall be the duty of Target to re-open this matter at the conclusion of the administrative procedures set forth under the Subcontract in question. (Reference: 11-3028)(swd, )
July 23, 2013 Opinion or Order Filing 396 ORDER and REASONS: ORDERED that the 361 Motion for Partial Summary Judgment of Target Construction, Inc. is GRANTED insofar as Paragraph 17 of the Rental Agreement is unenforceable as to implied warranties and DENIED with respect to any findings as to implied or express warranties provided by Pileco. Signed by Judge Stanwood R. Duval, Jr on 7/23/2013. (Reference: 11-2295)(my, )
July 11, 2013 Opinion or Order Filing 391 ORDER AND REASONS DENYING 250 Motion for Partial Summary Judgment; DENYING 336 Cross Motion for Partial Summary Judgment. Signed by Judge Stanwood R. Duval, Jr on 7/11/2013. (Reference: 12-496)(swd, )
February 1, 2013 Opinion or Order Filing 270 ORDER AND REASONS OVERRULING in part and SUSTAINING in part 229 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court as set forth in document.Signed by Judge Stanwood R. Duval, Jr on 2/1/2013. (Reference: 11-2983)(my, )
January 30, 2013 Opinion or Order Filing 267 ORDER AND REASONS GRANTING 148 Motion to Dismiss for Failure to State a Claim. Party American Piledriving Equipment Inc. (12-708). Signed by Judge Stanwood R. Duval, Jr on 1/30/2013. (Reference: 12-708)(swd)
November 19, 2012 Opinion or Order Filing 187 ORDER AND REASONS denying 80 Motion for Partial Summary Judgment against Target Construction, Inc. Signed by Judge Stanwood R. Duval, Jr. (Reference: 11-2183)(ecm, )
November 2, 2012 Opinion or Order Filing 174 ORDER AND REASONS GRANTING 59 Motion to Dismiss for Lack of Jurisdiction. Party B&B Surplus, Inc. (12-838, incorrectly identified as B&B Surplus Metals of Santa Ana, Inc.) Dismissed. Signed by Judge Stanwood R. Duval, Jr on 11/2/2012. (Reference: 12-838) (swd)
August 27, 2012 Opinion or Order Filing 111 ORDER AND REASONS: ORDERED that the 51 Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) filed by defendants Technical Works, Inc., Ingrid Arciniaga and Robert Arciniaga is DENIED.Signed by Judge Stanwood R. Duval, Jr on 8/27/2012. (Reference: 12-838)(my, )
June 21, 2012 Opinion or Order Filing 66 ORDER denying 38 Motion to Sever; IT IS FURTHER ORDERED that a status conference July 10, 2012 at 1:30 p.m. in person to establish a scheduling order for these matters Signed by Judge Stanwood R. Duval, Jr. (Reference: 11cv2983) (swd)
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Defendant: David Boland, Inc.
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Defendant: Travelers Casualty and Surety Company of America
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Defendant: Target Construction, Inc.
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Defendant: Western Surety Company
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Plaintiff: Barcelona Equipment, Inc.
Represented By: Larry Gene Canada
Represented By: Kathryn Breard Platt
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