HDB Construction, Inc. v. FEDCON Joint Venture et al
Plaintiff: United States of America for the use and benefit of HDB Construction, Inc.
Defendant: Western Surety Company and FEDCON Joint Venture
Counter Defendant: HDB Construction, Inc.
Case Number: 2:2018cv08843
Filed: September 21, 2018
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Nannette Jolivette Brown
Referring Judge: Dana Douglas
2 Judge: Martin LC Feldman
3 Judge: Daniel E Knowles
Nature of Suit: Miller Act
Cause of Action: 40 U.S.C. § 3131 Miller Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2022 Opinion or Order Filing 47 ORDER GRANTING #46 Motion to Dismiss. The parties' claims are DISMISSED WITH PREJUDICE, with each party to bear their own costs. Signed by Chief Judge Nannette Jolivette Brown on 12/28/2022. (jls)
December 27, 2022 Filing 46 EXPARTE/CONSENT MOTION to Dismiss Case by HDB Construction, Inc., FEDCON Joint Venture, Western Surety Company. (Attachments: #1 Proposed Order)(Napolitano, Catherine) Modified text/filers on 12/28/2022 (mmm).
October 20, 2022 Opinion or Order Filing 45 ORDER DISMISSING CASE: The Court having been advised that the parties have firmly agreed upon a compromise, IT IS HEREBY ORDERED that this action be and is hereby dismissed without costs and without prejudice to the right, upon good cause shown within sixty days, to reopen the action if settlement is not consummated. Signed by Chief Judge Nannette Jolivette Brown on October 20, 2022.(mp)
October 20, 2022 Filing 44 Minute Entry for proceedings held before Magistrate Judge Dana Douglas: Settlement Conference held on 10/20/2022. (Court Reporter Jodi Simox.) (cg)
October 17, 2022 Opinion or Order Filing 43 ORDER - IT IS ORDERED that the continuation in-person settlement conference scheduled on Thursday, October 20, 2022, at 10:00 a.m., before the undersigned in Courtroom B305 shall be held in Courtroom C551 at 500 Poydras St. (Hale Boggs Federal Bldg.). Signed by Magistrate Judge Dana Douglas on 10/17/22.(cg)
October 7, 2022 Opinion or Order Filing 42 ORDER granting #40 Motion for Extension of Time to Answer, as to HDB Construction, Inc. Plaintiff is granted an additional 21 days to file responsive pleadings to the counterclaim filed by Defendant FEDCON Joint Venture. Signed by Chief Judge Nannette Jolivette Brown on October 7, 2022. (mp)
October 7, 2022 Filing 41 STATUS REPORT Jointly filed by HDB Construction, Inc and FEDCON Joint Venture and Western Surety Company by HDB Construction, Inc. (Pelleteri, Maura)
October 6, 2022 Filing 40 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #37 Counterclaim by HDB Construction, Inc.. (Attachments: #1 Proposed Order)(Napolitano, Catherine)
September 26, 2022 Filing 39 Minute Entry for proceedings held before Magistrate Judge Dana Douglas: Settlement Conference held on 9/26/2022. A settlement could not be confected at this time. A follow-up settlement conference has been scheduled for Thursday, October 20, 2022 at 10:00 a.m., before the undersigned U.S. Magistrate Judge. Plaintiff will submit an explanation of its computation of damages to the Defendant on or before Friday, September 30, 2022. Any response from the Defendant shall be submitted to the Plaintiff by Friday, October 7, 2022. On or before October 14, 2022, each party shall submit to the undersigned an updated position paper, no longer than three pages double spaced, outlining their settlement position. (cg)
September 20, 2022 Opinion or Order Filing 38 ORDER: The settlement conference previously scheduled on Thursday, September 22, 2022, at 1:00 p.m. is RESET to Thursday, September 22, 2022, at 9:00 a.m. This conference will be held in-person. Signed by Magistrate Judge Dana Douglas on 9/20/22.(cg)
September 16, 2022 Filing 37 COUNTERCLAIM against HDB Construction, Inc. filed by FEDCON Joint Venture. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(cwa)
September 16, 2022 Opinion or Order Filing 36 ORDER granting #35 Motion for Leave to File Counterclaim. Signed by Chief Judge Nannette Jolivette Brown on 9/16/2022. (cwa)
September 8, 2022 Filing 35 EXPARTE/CONSENT MOTION for Leave to File Counterclaim Against HDB Construction, Inc. by FEDCON Joint Venture. (Attachments: #1 Proposed Order, #2 Proposed Pleading Counterclaim, #3 Proposed Pleading Exhibit 1, #4 Proposed Pleading Exhibit 2)(McMillan, Sarah)
August 25, 2022 Filing 34 AMENDED SCHEDULING ORDER: The scheduling order is amended to reflect that Trial is estimated to last 1 to 2 weeks. Issued by Clerk.(mp)
August 25, 2022 Opinion or Order Filing 33 SCHEDULING ORDER: Discovery deadline 5/26/2023. Final Pretrial Conference set for 7/12/2023 02:00 PM before Chief Judge Nannette Jolivette Brown. Bench Trial set for 7/31/2023 09:00 AM before Chief Judge Nannette Jolivette Brown. Issued by Clerk. (Attachments: #1 Pretrial Notice Form, #2 Standing Order)(mp)
August 16, 2022 Filing 32 **DEFICIENT** COUNTERCLAIM against HDB Construction, Inc. filed by FEDCON Joint Venture. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(McMillan, Sarah) Modified on 8/17/2022 (jls).
August 15, 2022 Opinion or Order Filing 31 ORDER granting #24 Motion to Withdraw as Attorney. Eric J. Simonson is withdrawn as counsel of record for Defendants. Arthur H. Leith, Denis L. Durkin, and Sarah Elizabeth McMillan remain enrolled as counsel of record for Defendants. Signed by Chief Judge Nannette Jolivette Brown on August 15, 2022. (mp)
August 12, 2022 Filing 30 **DEFICIENT** EXPARTE/CONSENT MOTION for Leave to File Counterclaim Against HDB Construction, Inc. and Third-Party Demand Against Hartford Fire Insurance Company by FEDCON Joint Venture. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(McMillan, Sarah) Modified on 8/15/2022 (jls).
August 12, 2022 Opinion or Order Filing 29 ORDER: A settlement conference in the matter is hereby SCHEDULED for Thursday, 9/22/2022 at 1:00 P.M. before United States Magistrate Judge Dana M. Douglas. Participation of parties is likely to increase the efficiency and effectiveness of the settlement conference. Therefore, all parties shall be available by telephone for the duration of the settlement conference. Each party shall provide, in confidence, a concise settlement memorandum. The memorandum shall be submitted three (3) working days before the conference and shall be no longer than three (3) pages double spaced. The memorandum shall be emailed directly to: efile-douglas@laed.uscourts.gov. The email subject line should read: "Settlement Position Paper for [case number] on [date of conference]". Signed by Magistrate Judge Dana Douglas on 8/12/2022.(caa)
August 12, 2022 Filing 28 Statement of Corporate Disclosure by FEDCON Joint Venture identifying Corporate Parent David Boland, Inc., and JT Construction Enterprises for FEDCON Joint Venture. (McMillan, Sarah) Modified text on 8/12/2022 (cs).
August 12, 2022 Filing 27 Statement of Corporate Disclosure by Western Surety Company identifying Corporate Parent CNA Financial Corporation for Western Surety Company (McMillan, Sarah)
August 12, 2022 Filing 26 ANSWER to #1 Complaint, by FEDCON Joint Venture.(McMillan, Sarah)
August 12, 2022 Filing 25 ANSWER to #1 Complaint, by Western Surety Company.(McMillan, Sarah)
August 9, 2022 Filing 24 EXPARTE/CONSENT MOTION to Withdraw Eric J. Simonson as Attorney by FEDCON Joint Venture, Western Surety Company. (Attachments: #1 Proposed Order)(McMillan, Sarah)
August 3, 2022 Filing 23 NOTICE of Hearing: Scheduling Conference set for 8/25/2022 02:00 PM before case manager by telephone. Call-in instructions provided herein. Issued by Clerk. (mp)
August 3, 2022 Opinion or Order Filing 22 ORDER: IT IS HEREBY ORDERED that Defendant shall file responsive pleadings within 10 days of this Order. IT IS FURTHER ORDERED that the parties shall contact the case manager to set a scheduling conference within 10 days of this Order. Signed by Chief Judge Nannette Jolivette Brown on August 2, 2022.(mp)
August 2, 2022 Filing 21 Minute Entry for proceedings held before Chief Judge Nannette Jolivette Brown: Status Conference held on 8/2/2022. (mp)
July 27, 2022 Opinion or Order Filing 20 ORDER: IT IS HEREBY ORDERED that status conference will proceed via videoconference. Counsel will receive a Zoom link from chambers. Only counsel of record are permitted to appear at the conference. IT IS FURTHER ORDERED that each person granted remote access to the status conference conducted by Zoom must abide by the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Signed by Chief Judge Nannette Jolivette Brown on 7/27/2022.(pp)
July 27, 2022 Opinion or Order Filing 19 ORDER GRANTING #18 Motion to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Denis L. Durkin is admitted to the bar of this Court pro hac vice on behalf of Defendants in the above captioned action. Signed by Chief Judge Nannette Jolivette Brown on 7/27/2022. (Attachments: #1 Pro Hac Notice) (pp)
July 26, 2022 Filing 18 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Denis L. Durkin (Filing fee $ 100 receipt number ALAEDC-9464227) by FEDCON Joint Venture, Western Surety Company. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Leith, Arthur)
July 12, 2022 Opinion or Order Filing 17 ORDER: IT IS HEREBY ORDERED that the status conference is set for July 21, 2022 is CONTINUED to August 2, 2022 at 2:00 PM. Signed by Chief Judge Nannette Jolivette Brown on July 12, 2022.(mp)
June 29, 2022 Opinion or Order Filing 16 ORDER: IT IS ORDERED that the #14 Motion to Reopen Case for Status Conference is GRANTED. The stay in this matter is lifted and the case is restored to the Court's active docket. IT IS FURTHER ORDERED that a status conference is set for July 21, 2022, at 3:00 p.m. Signed by Chief Judge Nannette Jolivette Brown on June 29, 2022.(mp)
June 23, 2022 Opinion or Order Filing 15 ORDER TRANSFERRING CASE. Case transferred to Chief Judge Nannette Jolivette Brown. Judge Martin L.C. Feldman no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on June 23, 2022.(mp)
June 21, 2022 Filing 14 EXPARTE/CONSENT MOTION to Reopen Case and for Status Conference by HDB Construction, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Order)(Napolitano, Catherine)
November 7, 2018 Opinion or Order Filing 13 ORDER GRANTING #11 Motion to Stay. FURTHER ORDERED that the Clerk of Court mark this action CLOSED for statistical purposes. The Court will retain jurisdiction and the case shall be restored to the trial docket upon motion of either party if circumstances change, so that it may proceed to final disposition; this order shall not prejudice the rights of the parties to this litigation. Signed by Judge Martin L.C. Feldman on 11/7/2018. (clc)
November 7, 2018 Filing 12 Correction of Docket Entry by Clerk re #11 Joint MOTION to Stay . **Filing attorney did not enter HDB Construction, Inc. as additional filer in the blank text box on the docket text screen. Clerk added filer. No further action necessary.** (jeg)
November 6, 2018 Filing 11 EXPARTE/CONSENT Joint MOTION to Stay by FEDCON Joint Venture, Western Surety Company, and HDB Construction, Inc. (Attachments: #1 Proposed Order)(Leith, Arthur) Modified filers on 11/7/2018 (jeg).
October 12, 2018 Opinion or Order Filing 10 ORDER GRANTING #9 Motion for Extension of Time to Answer as to FEDCON Joint Venture, Western Surety Company; answer due 11/6/2018. Signed by Judge Martin L.C. Feldman on 10/12/2018. (clc)
October 11, 2018 Filing 9 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Complaint, by FEDCON Joint Venture, Western Surety Company. (Attachments: #1 Proposed Order)Attorney Arthur H. Leith added to party FEDCON Joint Venture(pty:dft), Attorney Arthur H. Leith added to party Western Surety Company(pty:dft).(Leith, Arthur)
September 27, 2018 Filing 8 SUMMONS Returned Executed; Western Surety Company served on 9/25/2018, answer due 10/16/2018. (Pelleteri, Maura) Modified text on 9/28/2018 (jeg).
September 27, 2018 Filing 7 SUMMONS Returned Executed; FEDCON Joint Venture served on 9/25/2018, answer due 10/16/2018. (Pelleteri, Maura) Modified text on 9/28/2018 (jeg).
September 26, 2018 Filing 6 **DEFICIENT** SUMMONS Returned Executed; Western Surety Company served on 9/25/2018, answer due 10/16/2018. (Pelleteri, Maura) Modified on 9/27/2018 (clc).
September 26, 2018 Filing 5 **DEFICIENT** SUMMONS Returned Executed; FEDCON Joint Venture served on 9/25/2018, answer due 10/16/2018. (Pelleteri, Maura) Modified on 9/27/2018 (clc).
September 26, 2018 Filing 4 Statement of Corporate Disclosure by HDB Construction, Inc. (Pelleteri, Maura)
September 24, 2018 Filing 3 Summons Issued as to FEDCON Joint Venture, Western Surety Company. (Attachments: #1 Summons)(sbs)
September 21, 2018 Filing 2 Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Daniel E. Knowles, III. (ess)
September 21, 2018 Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 053L-7129332) filed by HDB Construction, Inc. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons) Attorney Maura Zivalich Pelleteri added to party HDB Construction, Inc.(pty:pla).(Pelleteri, Maura) Modified text on 9/24/2018 (sbs).

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Search for this case: HDB Construction, Inc. v. FEDCON Joint Venture et al
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Plaintiff: United States of America for the use and benefit of HDB Construction, Inc.
Represented By: Maura Zivalich Pelleteri
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Defendant: Western Surety Company
Represented By: Eric J. Simonson
Represented By: Arthur H. Leith
Represented By: Sarah Elizabeth McMillan
Represented By: Denis L. Durkin
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Defendant: FEDCON Joint Venture
Represented By: Eric J. Simonson
Represented By: Arthur H. Leith
Represented By: Sarah Elizabeth McMillan
Represented By: Denis L. Durkin
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Counter defendant: HDB Construction, Inc.
Represented By: Maura Zivalich Pelleteri
Represented By: Amy S. Malish
Represented By: Catherine Sens Napolitano
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