Old Republic Surety Company v. J. Cumby Construction, Inc. et al
Plaintiff: Old Republic Surety Company
Defendant: J. Cumby Construction, Inc. and Westfield Insurance Company
Case Number: 1:2021cv00126
Filed: August 6, 2021
Court: US District Court for the Northern District of Mississippi
Presiding Judge: Sharion Aycock
Referring Judge: Glen H Davidson
2 Judge: David A Sanders
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2022 Opinion or Order Filing 17 ORDER granting #8 Motion to Stay and Compel Mediation and Arbitration. Signed by Senior Judge Glen H. Davidson on 8/16/22. (jla)
August 16, 2022 Opinion or Order Filing 16 MEMORANDUM OPINION. Signed by Senior Judge Glen H. Davidson on 8/16/22. (jla)
July 25, 2022 Opinion or Order Filing 15 ORDER OF RECUSAL. District Judge Sharion Aycock recused. Case reassigned to Senior Judge Glen H. Davidson for all further proceedings. Signed by District Judge Sharion Aycock on 7/25/22. (jla)
February 9, 2022 Opinion or Order Filing 14 ORDER STAYING CASE. Signed by Magistrate Judge David A. Sanders on 2/9/22. (cs)
October 13, 2021 Opinion or Order Filing 13 REPLY to Response to Motion re #8 MOTION to Stay and Compel Mediation and Arbitration Defendants Rebuttal Memorandum to Plaintiff's Response in Opposition to Defendants' Motion to Stay and Compel Mediation and Arbitration filed by J. Cumby Construction, Inc., Westfield Insurance Company. (Getz, Joseph) Modified on 2/15/2022 (jla).
October 6, 2021 Opinion or Order Filing 12 RESPONSE in Opposition re #8 MOTION to Stay and Compel Mediation and Arbitration filed by Old Republic Surety Company. (Attachments: #1 Exhibit A - Performance Bond) (Carson, Dorsey)
September 30, 2021 Opinion or Order Filing 11 TEXT ONLY ORDER granting #10 Motion for Extension of Time to File Response re #8 MOTION to Stay and Compel Mediation and Arbitration. Response now due by 10/6/2021. No further Order shall issue from this Court. Signed by District Judge Sharion Aycock on 9/30/2021. (sko) (no document attached)
September 29, 2021 Opinion or Order Filing 10 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Stay and Compel Mediation and Arbitration by Old Republic Surety Company. (Carson, Dorsey)
September 15, 2021 Opinion or Order Filing 9 MEMORANDUM IN SUPPORT re #8 MOTION to Stay and Compel Mediation and Arbitration . (Getz, Joseph)
September 15, 2021 Opinion or Order Filing 8 MOTION to Stay and Compel Mediation and Arbitration by J. Cumby Construction, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Affidavit of Jason Cumby, #2 Exhibit Exhibit 2 - Subcontract, #3 Exhibit Exhibit 3 - Performance Bond, #4 Exhibit Exhibit 4 - Takeover Agreement) (Getz, Joseph)
September 3, 2021 Opinion or Order Filing 7 ORDER granting #5 Motion for Extension of Time to File Respond to Complaint. Westfield Insurance Company to respond by September 15, 2021. J. Cumby Construction Company, Inc., shall respond by September 17, 2021. Signed by Magistrate Judge David A. Sanders on 9/3/21. (def)
August 30, 2021 Opinion or Order Filing 6 MEMORANDUM IN SUPPORT re #5 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, Memorandum of Law in Support of Defendants' Unopposed Motion for Extension of Time to Respond to Complaint. (Getz, Joseph)
August 30, 2021 Opinion or Order Filing 5 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by J. Cumby Construction, Inc.. (Getz, Joseph)
August 19, 2021 Opinion or Order Filing 4 SUMMONS Returned Executed by Dorsey Reese Carson, Jr on behalf of Old Republic Surety Company J. Cumby Construction, Inc. served on 8/13/2021. (Carson, Dorsey)
August 16, 2021 Opinion or Order Filing 3 SUMMONS Returned Executed by Dorsey Reese Carson, Jr on behalf of Old Republic Surety Company Westfield Insurance Company served on 8/11/2021. (Carson, Dorsey)
August 6, 2021 Opinion or Order Filing 2 Summons Issued as to All Defendants. Emailed to attorney for service. (jwr)
August 6, 2021 Opinion or Order Filing 1 COMPLAINT, Jury Demand, Filing fee $ 402, receipt number AMSNDC-1981878, filed by Old Republic Surety Company. (Attachments: #1 Exhibit 1 - 02.27.20 Takeover Agreement, #2 Exhibit 2 - 02.27.20 Completion Agreement, #3 Exhibit 3 - 07.27.18 J. Cumby Payment Bond, #4 Civil Cover Sheet) (jwr).
August 6, 2021 Opinion or Order NOTICE OF ASSIGNMENT. Case assigned to Judge Aycock and Magistrate Judge Sanders. (jwr)

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Plaintiff: Old Republic Surety Company
Represented By: Dorsey Reese Carson, Jr.
Represented By: Kathryn P. Goff
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Defendant: J. Cumby Construction, Inc.
Represented By: Joseph T. Getz
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Defendant: Westfield Insurance Company
Represented By: Joseph T. Getz
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