Warren Paving, Inc. v. O'Neal Constructors, LLC et al
Plaintiff: Warren Paving, Inc.
Defendant: O'Neal Constructors, LLC and Calgon Carbon Corporation
Case Number: 1:2024cv00009
Filed: January 12, 2024
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Halil S Ozerden
Referring Judge: Bradley W Rath
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2024 Filing 21 REPLY to Response to Motion re #15 Memorandum in Opposition to Motion, #14 Response to Motion , #9 Motion to Dismiss, filed by Calgon Carbon Corporation (Brabec, Frank) Modified on 2/28/2024 to create relationship to document #9 (RLW).
February 28, 2024 DOCKET ANNOTATION as to #21: (1) Incorrect event chosen. Based on the title of the document and case law, the event code Memorandum Support of Motion should have been selected; and (2) Incorrect linkage made. This entry should be linked to #9 Motion to Dismiss. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (RLW)
February 23, 2024 Filing 20 REPLY to Response to Motion re #5 MOTION to Compel Arbitration and for Mandatory/Discretionary MOTION to Stay Proceedings Pending Arbitration filed by O'Neal Constructors, LLC (Fortenberry, Rankin)
February 23, 2024 Opinion or Order TEXT ONLY ORDER granting as unopposed Defendant Calgon Carbon Corporation's Motion #19 for Extension of Time to File Reply as to its Motion #9 to Dismiss Counts III and IV. Defendant's Reply is now due on or before February 28, 2024. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 2/23/2024. (STR)
February 22, 2024 Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #10 Memorandum in Support of Motion, #9 MOTION to Dismiss Counts III and IV of Complaint [SECOND} by Calgon Carbon Corporation (Clark, Andrew)
February 14, 2024 Opinion or Order TEXT ONLY ORDER granting as unopposed Defendant O'Neal Constructors, LLC's Motion #16 for Extension of Time to File Reply as to its Motion #5 to Compel Arbitration and Stay Proceedings. Defendant's Reply is now due on or before February 23, 2024. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 2/14/2024. (STR)
February 14, 2024 Opinion or Order TEXT ONLY ORDER granting as unopposed Defendant Calgon Carbon Corporation's Motion #18 for Extension of Time to File Reply as to its Motion #9 to Dismiss Counts III and IV. Defendant's Reply is now due on or before February 23, 2024. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 2/14/2024. (STR)
February 13, 2024 Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 Memorandum in Opposition to Motion, #14 Response to Motion by Calgon Carbon Corporation (Brabec, Frank)
February 13, 2024 Filing 17 NOTICE of Appearance by Andrew J. Clark on behalf of Calgon Carbon Corporation (Clark, Andrew)
February 9, 2024 Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Compel Arbitration and for Mandatory/Discretionary MOTION to Stay Proceedings Pending Arbitration by O'Neal Constructors, LLC (Fortenberry, Rankin)
February 8, 2024 Filing 15 MEMORANDUM in Opposition re #9 MOTION to Dismiss Counts III and IV of Complaint filed by Warren Paving, Inc. (Schwartz, Robert)
February 8, 2024 Filing 14 RESPONSE to Motion re #9 MOTION to Dismiss Counts III and IV of Complaint filed by Warren Paving, Inc. (Schwartz, Robert)
February 8, 2024 Filing 13 MEMORANDUM in Opposition re #5 MOTION to Compel Arbitration and for Mandatory/Discretionary MOTION to Stay Proceedings Pending Arbitration filed by Warren Paving, Inc. (Schwartz, Robert)
February 8, 2024 Filing 12 RESPONSE to Motion re #5 MOTION to Compel Arbitration and for Mandatory/Discretionary MOTION to Stay Proceedings Pending Arbitration filed by Warren Paving, Inc. (Schwartz, Robert)
January 26, 2024 Opinion or Order TEXT ONLY ORDER granting as unopposed Plaintiff Warren Paving, Inc.'s Motion #11 for Additional Time to File Responses to Defendant O'Neal Constructors, LLC's Motion #5 to Compel Arbitration and to Stay Proceedings, and to Defendant Calgon Carbon Corporation's Motion #9 to Dismiss Counts III and IV. Plaintiff's responses to Defendants' Motions #5 , #11 are now due on or before February 9, 2024. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 1/26/2024. (STR)
January 25, 2024 Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Compel Arbitration and for Mandatory/Discretionary MOTION to Stay Proceedings Pending Arbitration, #9 MOTION to Dismiss Counts III and IV of Complaint by Warren Paving, Inc. (Schwartz, Robert)
January 16, 2024 Filing 10 MEMORANDUM in Support re #9 MOTION to Dismiss Counts III and IV of Complaint filed by Calgon Carbon Corporation (Brabec, Frank)
January 16, 2024 Filing 9 MOTION to Dismiss Counts III and IV of Complaint by Calgon Carbon Corporation (Brabec, Frank)
January 12, 2024 Filing 8 ANSWER to Complaint (Notice of Removal) and Affirmative Defenses by O'Neal Constructors, LLC (Germany, Ralph)
January 12, 2024 Filing 7 Corporate Disclosure Statement by O'Neal Constructors, LLC (Fortenberry, Rankin)
January 12, 2024 Filing 6 MEMORANDUM IN SUPPORT re #5 MOTION to Compel Arbitration and for Mandatory/Discretionary MOTION to Stay Proceedings Pending Arbitration filed by O'Neal Constructors, LLC (Fortenberry, Rankin)
January 12, 2024 Filing 5 MOTION to Compel Arbitration and for Mandatory/Discretionary, MOTION to Stay Proceedings Pending Arbitration by O'Neal Constructors, LLC (Fortenberry, Rankin)
January 12, 2024 Filing 4 Joinder in Document by O'Neal Constructors, LLC to #1 Notice of Removal,, filed by Calgon Carbon Corporation (Fortenberry, Rankin)
January 12, 2024 Filing 3 NOTICE of Appearance by Rankin Sumner Fortenberry on behalf of O'Neal Constructors, LLC (Fortenberry, Rankin)
January 12, 2024 Filing 2 NOTICE of Appearance by Ralph B. Germany, Jr on behalf of O'Neal Constructors, LLC (Germany, Ralph)
January 12, 2024 Filing 1 NOTICE OF REMOVAL by Calgon Carbon Corporation from Circuit Court of Hancock County, Mississippi, case number 23cv214. ( Filing fee $ 405 receipt number 5309720) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A-Circuit Court Pleadings, #2 Civil Cover Sheet)(wld)

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Plaintiff: Warren Paving, Inc.
Represented By: Robert Thomas Schwartz
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Defendant: O'Neal Constructors, LLC
Represented By: Rankin Sumner Fortenberry
Represented By: Ralph B. Germany, Jr.
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Defendant: Calgon Carbon Corporation
Represented By: Frank Russell Brabec
Represented By: Andrew J. Clark
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