United States of America et al v. North American Specialty Insurance Company et al
Plaintiff: B&S Equipment Co., Inc. and United States of America
Defendant: North American Specialty Insurance Company, Quality First Construction, LLC and Quality First Construction, LLC doing business as Quality First Marine
Case Number: 2:2021cv01373
Filed: July 20, 2021
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Dana Douglas
Referring Judge: Susie Morgan
Nature of Suit: Miller Act
Cause of Action: 40 U.S.C. ยง 3131
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2021 Opinion or Order Filing 25 ORDER: Defendants' #19 Motion to Dismiss Count I of Plaintiffs' Complaint currently set for 9/15/2021 is RESET to 10/13/2021. Plaintiffs shall file any response in opposition on or before 10/5/2021. Signed by Judge Susie Morgan on 9/9/2021.(pp)
August 20, 2021 Opinion or Order Filing 24 ORDER granting #23 MOTION to Continue Submission Date. The submission date for #19 MOTION to Dismiss Count I of Plaintiffs' Complaint is continued to 9/15/2021. Plaintiffs shall file any response in opposition on or before 09/07/2021. Defendants shall file any reply on or before 09/15/2021. Signed by Judge Susie Morgan on 08/20/2021.(ko)
August 18, 2021 Opinion or Order Filing 23 EXPARTE/CONSENT MOTION to Continue Submission Date by B&S Equipment Co., Inc.. (Attachments: #1 Proposed Order)(Akers, Angie)
August 12, 2021 Opinion or Order Filing 22 SCHEDULING ORDER: Telephone Status Conference set for 1/12/2022 at 10:00 AM before Judge Susie Morgan. Final Pretrial Conference set for 5/11/2022 at 10:00 AM before Judge Susie Morgan. 5 day Jury Trial set for 6/6/2022 at 9:00 AM before Judge Susie Morgan. All discovery must be completed by 3/22/2022. (Attachments: #1 Pretrial Notice Form)(bwn)
August 4, 2021 Opinion or Order Filing 21 Statement of Corporate Disclosure by Quality First Construction, LLC (Emmons, Matthew)
August 4, 2021 Opinion or Order Filing 20 Statement of Corporate Disclosure by North American Specialty Insurance Company identifying Corporate Parent Westport Insurance Corporation, Corporate Parent SR Corporate Solutions America Holding Corporation, Corporate Parent Swiss Re Corporate Solutions Ltd., Corporate Parent Swiss Re Ltd. for North American Specialty Insurance Company (Emmons, Matthew)
August 4, 2021 Opinion or Order Filing 19 MOTION to Dismiss Count I of Plaintiffs' Complaint by North American Specialty Insurance Company, Quality First Construction, LLC. Motion(s) will be submitted on 9/1/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Emmons, Matthew)
July 23, 2021 Opinion or Order Filing 18 PRELIMINARY CONFERENCE NOTICE - Scheduling Conference set for 8/12/2021 at 10:30 AM before case manager by telephone. Signed by Clerk.(bwn)
July 20, 2021 Opinion or Order Filing 17 Case transferred in from District of Florida Northern; Case Number 5:21-cv-00045. Electronic file certified copy of transfer order and docket sheet received (jeg)
July 20, 2021 Opinion or Order Filing 16 ORDER TRANSFERRING CASE re #15 Parties' Joint MOTION to Transfer Venue. That the motion is GRANTED, this case is TRANSFERRED to the Eastern District of Louisiana pursuant to 28 U.S.C. 1404(a), and the Clerk shall close the file in this Court. Signed by JUDGE T KENT WETHERELL II on 7/20/2021. (mb) [Transferred from flnd on 7/20/2021.]
July 19, 2021 Opinion or Order Filing 15 Joint MOTION to Transfer Case to USDC Eastern District of Louisiana by All Parties by NORTH AMERICAN SPECIALTY INSURANCE COMPANY, QUALITY FIRST CONSTRUCTION LLC D/B/A QUALITY FIRST MARINE. (Internal deadline for referral to judge if response not filed earlier: 8/2/2021). (Attachments: #1 Text of Proposed Order) (EMMONS, MATTHEW) [Transferred from flnd on 7/20/2021.]
May 3, 2021 Opinion or Order Filing 14 ORDER GRANTING EXTENSION OF TIME re #12 Defendant QUALITY FIRST CONSTRUCTION LLC D/B/A QUALITY FIRST MARINE (Quality First). That the motion is GRANTED, and Quality First shall have until the later of 15 days after the Court rules on the parties' forthcoming motion to transfer venue or 15 days after this case is transferred to answer or otherwise respond to the complaint. QUALITY FIRST CONSTRUCTION LLC D/B/A QUALITY FIRST MARINE answer due 5/18/2021. Signed by JUDGE T KENT WETHERELL II on 5/3/2021. (mb) [Transferred from flnd on 7/20/2021.]
May 3, 2021 Opinion or Order Filing 13 ORDER granting #11 Motion to Appear Pro Hac Vice, and attorney Matthew R. Emmons is authorized to appear pro hac vice for Defendant Quality First Construction, LLC d/b/a Quality First Marine. (Appointed MATTHEW ROBERT EMMONS for QUALITY FIRST CONSTRUCTION LLC D/B/A QUALITY FIRST MARINE). Signed by JUDGE T KENT WETHERELL II on 5/3/2021. (mb) [Transferred from flnd on 7/20/2021.]
May 3, 2021 Opinion or Order ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #12 Consent MOTION for Extension of Time to File Answer to Complaint (mb) [Transferred from flnd on 7/20/2021.]
April 30, 2021 Opinion or Order Filing 12 Consent MOTION for Extension of Time to File Answer to Complaint by QUALITY FIRST CONSTRUCTION LLC D/B/A QUALITY FIRST MARINE. (Attachments: #1 Text of Proposed Order Proposed Order) (EMMONS, MATTHEW) [Transferred from flnd on 7/20/2021.]
April 30, 2021 Opinion or Order Filing 11 MOTION to Appear Pro Hac Vice by Matthew R Emmons.( Filing fee $ 208 receipt number AFLNDC-6070857.) by QUALITY FIRST CONSTRUCTION LLC D/B/A QUALITY FIRST MARINE. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Certificate of Good Standing) (EMMONS, MATTHEW) [Transferred from flnd on 7/20/2021.]
April 30, 2021 Opinion or Order ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #11 MOTION to Appear Pro Hac Vice by Matthew R Emmons.( Filing fee $ 208 receipt number AFLNDC-6070857.) (mb) [Transferred from flnd on 7/20/2021.]
April 19, 2021 Opinion or Order Filing 10 WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF B&S EQUIPMENT CO., INC., B&S EQUIPMENT CO., INC.. NORTH AMERICAN SPECIALTY INSURANCE COMPANY waiver sent on 3/25/2021, answer due 5/24/2021. (LONERO, JAY) [Transferred from flnd on 7/20/2021.]
March 1, 2021 Opinion or Order Filing 9 Summons Issued as to NORTH AMERICAN SPECIALTY INSURANCE COMPANY, (Attachments: #1 QUALITY FIRST CONSTRUCTION LLC). (mb) [Transferred from flnd on 7/20/2021.]
February 22, 2021 Opinion or Order Filing 8 ORDER - That the motion (Doc. #6 ) is GRANTED, and attorney Sarah Dorger is authorized to appear pro hac vice for Plaintiffs. (Appointed SARAH BOND DORGER for B&S EQUIPMENT CO, INC, SARAH BOND DORGER for UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF B&S EQUIPMENT CO, INC.) Signed by JUDGE T KENT WETHERELL II on 2/22/2021. (mb) [Transferred from flnd on 7/20/2021.]
February 22, 2021 Opinion or Order Filing 7 ORDER - That the motions (Docs. #4 , #5 ) are GRANTED, and attorneys Jay M. Lonero and Angie A. Akers are authorized to appear pro hac vice for Plaintiffs. Signed by JUDGE T KENT WETHERELL II on 2/22/2021. (mb) [Transferred from flnd on 7/20/2021.]
February 22, 2021 Opinion or Order Filing 6 MOTION to Appear Pro Hac Vice( Filing fee $ 208 receipt number AFLNDC-5955108.) by UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF B&S EQUIPMENT CO., INC.. (Attachments: #1 Exhibit Certificate of good standing, #2 Text of Proposed Order Proposed Order on Pro Hac Admission - Dorger, Sarah) (DORGER, SARAH) [Transferred from flnd on 7/20/2021.]
February 22, 2021 Opinion or Order ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #6 MOTION to Appear Pro Hac Vice( Filing fee $ 208 receipt number AFLNDC-5955108.) (mb) [Transferred from flnd on 7/20/2021.]
February 19, 2021 Opinion or Order Filing 5 MOTION to Appear Pro Hac Vice by Angie A. Akers.( Filing fee $ 208 receipt number AFLNDC-5953994.) by B&S EQUIPMENT CO., INC., UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF B&S EQUIPMENT CO., INC.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Good Standing) (AKERS, ANGIE) [Transferred from flnd on 7/20/2021.]
February 19, 2021 Opinion or Order Filing 4 MOTION to Appear Pro Hac Vice by Jay M Lonero.( Filing fee $ 208 receipt number AFLNDC-5953983.) by B&S EQUIPMENT CO., INC., UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF B&S EQUIPMENT CO., INC.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Good Standing) (LONERO, JAY) [Transferred from flnd on 7/20/2021.]
February 19, 2021 Opinion or Order Filing 3 CIVIL COVER SHEET. (LONERO, JAY) [Transferred from flnd on 7/20/2021.]
February 19, 2021 Opinion or Order Filing 2 Corporate Disclosure Statement/Certificate of Interested Persons by B&S EQUIPMENT CO., INC.. (LONERO, JAY) [Transferred from flnd on 7/20/2021.]
February 19, 2021 Opinion or Order Filing 1 COMPLAINT against NORTH AMERICAN SPECIALTY INSURANCE COMPANY, QUALITY FIRST CONSTRUCTION LLC D/B/A QUALITY FIRST MARINE ( Filing fee $ 402 receipt number AFLNDC-5953900.), filed by UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF B&S EQUIPMENT CO., INC., B&S EQUIPMENT CO., INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Summons, #8 Summons) (LONERO, JAY) [Transferred from flnd on 7/20/2021.]

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Plaintiff: B&S Equipment Co., Inc.
Represented By: Jay M. Lonero
Represented By: Angie Arceneaux Akers
Represented By: Christopher Raymond Pennison
Represented By: Sarah Dorger
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Plaintiff: United States of America
Represented By: Jay M. Lonero
Represented By: Angie Arceneaux Akers
Represented By: Christopher Raymond Pennison
Represented By: Sarah Dorger
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Defendant: North American Specialty Insurance Company
Represented By: MATTHEW ROBERT EMMONS
Represented By: Matthew R. Emmons
Represented By: Jolene Neuman
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Defendant: Quality First Construction, LLC
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Defendant: Quality First Construction, LLC doing business as Quality First Marine
Represented By: Matthew R. Emmons
Represented By: Jolene Neuman
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