REGAN TILE INC. v. CAROTHER CONSTRUCTION INC et al.
| REGAN TILE INC |
| Carothers Construction, Inc. and Liberty Mutual Insurance Company |
| 3:2019cv00510 |
| July 24, 2019 |
| US District Court for the Southern District of Mississippi |
| Northern (Jackson) Office |
| Tom S Lee |
| Robert H Walker |
| Miller Act |
| 28 U.S.C. § 1352 |
| None |
Docket Report
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This docket was last retrieved on September 11, 2019. A more recent docket listing may be available from PACER.
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| DOCKET ANNOTATION as to #40 Error disregard this entry. See corrected entry #41 . (cwl) |
Filing 41
ORDER finding as moot #27 Motion to Compel; granting #27 Motion to Stay Case. This case shall be and hereby is stayed. Signed by District Judge Tom S. Lee on 9/10/19 (LAT)
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Filing 40
***ERROR*** DISREGARD THIS ENTRY. ORDER finding as moot #27 Motion to Compel; granting #27 Motion to Stay Proceedings pending Arbitration. This case shall be and hereby is stayed. Signed by District Judge Tom S. Lee on 9/10/19 (LAT) Modified on 9/11/2019 (cwl).
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Filing 39
ORDER granting #38 Motion to Appear Pro Hac Vice. Joseph J. Dinardo shall be admitted pro hac vice to serve as co-counsel for the plaintiff/counter defendant Regan Tile Inc. Signed by Magistrate Judge Robert H. Walker on August 26, 2019. (Joffe, Scherry)
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| Filing 38 MOTION for Joseph J. Dinardo to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4070822) by REGAN TILE INC (Miller, Garrett) |
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Filing 37
ORDER granting #36 Motion to Appear Pro Hac Vice. Stephen M. Reams shall be admitted pro hac vice to serve as co-counsel for the plaintiff/counter defendant Regan Tile Inc. Signed by Magistrate Judge Robert H. Walker on August 23, 2019. (Joffe, Scherry)
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| Filing 36 MOTION for Stephen M. Reams to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4068911) by REGAN TILE INC (Miller, Garrett) |
| Filing 35 Letter sent to Stephen Michael Reams, Esq. on August 8, 2019 requesting PHV motion, proposed order and fee. (LAT) |
| Filing 34 Mail Returned as Attempted-Not Known as to #24 Pro Hac Vice Request Letter. Mail sent to Stephen Michael Reams, Esq. (LAT) |
| Filing 33 Letter sent to Jeffrey A. Peters on 8/5/2019 requesting PHV motion, proposed order and fee. (LAT) (Main Document 33 replaced on 8/5/2019) (LAT). |
| Filing 32 Mail Returned as Undeliverable as to #24 Pro Hac Vice Request Letter. Mail sent to Jeffrey A. Peters, Esq. (LAT) |
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TEXT ONLY ORDER granting #30 Motion to withdraw as counsel. Jeffrey A. Peters terminated as counsel for Liberty Mutual Insurance Company. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert H. Walker on August 5, 2019. (Joffe, Scherry)
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| Filing 31 Joinder to #27 MOTION to Compel Arbitration and For a Stay Pending Arbitration by Liberty Mutual Insurance Company (Yarbrough, Ronald). |
| Filing 30 MOTION to Allow Withdrawal of Counsel (Jeffrey A. Peters) by Liberty Mutual Insurance Company (Yarbrough, Ronald) |
| Filing 29 NOTICE of Appearance by Ronald A. Yarbrough on behalf of Liberty Mutual Insurance Company (Yarbrough, Ronald) |
| Filing 28 NOTICE of Appearance by Garrett Eugene Miller on behalf of REGAN TILE INC (Miller, Garrett) |
| Filing 27 MOTION to Compel Arbitration, MOTION to Stay Case pending Arbitration by Carothers Construction, Inc. (Germany, Ralph) Modified on 9/11/2019 (cwl). |
| Filing 26 MOTION to Withdraw as Attorney re Richard H. Monk, III by Carothers Construction, Inc. (Germany, Ralph) |
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TEXT ONLY ORDER Cancelling Rule 16(a) Initial Order Telephonic Case Management Conference set for 8/27/2019 10:00 AM before Magistrate Judge Robert H. Walker. The Telephonic Case Management Conference will be reset after Judge Lee rules on the Motion #27 to Compel Arbitration, if necessary. No further written order will issue. Signed by Magistrate Judge Robert H. Walker on 7/29/2019 (SR)
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TEXT ONLY ORDER granting #26 Motion to Withdraw as Attorney. Attorney Richard Hunley Monk, III terminated. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert H. Walker on July 29, 2019. (Joffe, Scherry)
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| Filing 25 Rule 16(a) Initial Order Telephonic Case Management Conference set for 8/27/2019 10:00 AM before Magistrate Judge Robert H. Walker. (SR) |
| Filing 24 Letter sent to Joseph James Dinardo, Esq.,Richard Hunley Monk, III, Esq., Jeffrey A. Peters, Esq., and Stephen Michael Reams, Esq. on July 24, 2019 requesting PHV motion, proposed order and fee. (LAT) Modified on 7/24/2019 (LAT). |
| Filing 23 Case transferred in from District of Georgia Middle; Case Number 4:19-cv-00083. Original file certified copy of transfer order and docket sheet received. |
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Filing 22
ORDER granting #13 Motion to Stay and to transfer and granting #16 Motion for Joinder. Ordered by US DISTRICT JUDGE CLAY D. LAND on 7/24/2019 (tlf). [Transferred from Georgia Middle on 7/24/2019.]
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| Filing 21 ANSWER to #11 Answer to Complaint, Counterclaim by REGAN TILE INC. Related document: #11 Answer to Complaint, Counterclaim filed by CAROTHERS CONSTRUCTION INC.(REAMS, STEPHEN) [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 20 RULES 16/26 ORDER:Proposed Scheduling/Discovery order due by 8/8/2019. Ordered by US DISTRICT JUDGE CLAY D LAND on 6/27/2019. (esl) [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 19 Corporate Disclosure Statement by LIBERTY MUTUAL INSURANCE COMPANY identifying Corporate Parent LIBERTY MUTUAL GROUP INC, Corporate Parent LIBERTY MUTUAL HOLDING COMPANY INC, Corporate Parent LMHC MASSACHUSETTS HOLDINGS INC for LIBERTY MUTUAL INSURANCE COMPANY. (PETERS, JEFFREY) [Transferred from Georgia Middle on 7/24/2019.] |
| Notice of deficiency. Document must be re-filed to add corporate parents, subsidiary corporations and/or any publicly held corporation that owns 10% or more of its stock to the case, during the filing process in CM/ECF. It is not sufficient to simply have them listed on the document attached, they must also be entered into CM/ECF. During the filing process, the following user message appeared: "Corporate disclosures statement must be filed with any corporate parents, subsidiary corporations, and/or any publicly held corporation that owns 10% or more of its stock added in CM/ECF during the filing of the document. The document indicates there may be a corporate parent and/or other affiliates. Failure to add the corporate parents and/or any publicly held corporation identified in your corporate disclosure statement will result in a request to re-file. Corporate disclosures must be re-filed (tlf). [Transferred from Georgia Middle on 7/24/2019.] |
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Filing 18
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by RALPH B GERMANY, JR (nop) [Transferred from Georgia Middle on 7/24/2019.]
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| Filing 17 PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by CAROTHERS CONSTRUCTION INC Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3193123, $100 (Attachments: #1 Exhibit Certificate of Good Standing)(GERMANY, RALPH) [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 16 MOTION for Joinder by LIBERTY MUTUAL INSURANCE COMPANY filed by JEFFREY A PETERS.(PETERS, JEFFREY) [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 15 Replaced by D.E. #19 . Corporate Disclosure Statement by LIBERTY MUTUAL INSURANCE COMPANY (PETERS, JEFFREY) Modified on 6/24/2019 (tlf). [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 14 ANSWER to Complaint by LIBERTY MUTUAL INSURANCE COMPANY.(PETERS, JEFFREY)Attorney JEFFREY A PETERS added to party LIBERTY MUTUAL INSURANCE COMPANY(pty:dft) [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 13 MOTION to Stay All Proceedings, Enforce Arbitration Rights and Transfer by CAROTHERS CONSTRUCTION INC filed by Richard Hunley Monk, III. (Attachments: #1 Exhibit A - Declaration of Ray Boggs, #2 Exhibit B - Order dated Feb. 27, 2018, #3 Memorandum in Support Memo in Support of Motion to Enforce Arbitration Rights, Stay & Transfer)(Monk, Richard) [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 12 Corporate Disclosure Statement by CAROTHERS CONSTRUCTION INC (Monk, Richard) [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 11 ANSWER to Complaint(), COUNTERCLAIM against REGAN TILE INC by CAROTHERS CONSTRUCTION INC.(Monk, Richard) [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 10 Replaced by D.E. #13 . MEMORANDUM in Support filed by CAROTHERS CONSTRUCTION INC re: #9 MOTION to Stay All Proceeding, Enforce Arbitration Rights & Transfer (Monk, Richard) Modified on 6/20/2019 (tlf). [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 9 Replaced by D.E. #13 . MOTION to Stay All Proceeding, Enforce Arbitration Rights & Transfer by CAROTHERS CONSTRUCTION INC filed by Richard Hunley Monk, III. (Attachments: #1 Exhibit A - Declaration of Ray Boggs, #2 Exhibit B - Order dated Feb. 27, 2018)(Monk, Richard) Modified on 6/20/2019 (tlf). [Transferred from Georgia Middle on 7/24/2019.] |
| Notice of Deficiency; Notice to Counsel - Richard Monk and Ralph Germany. Your contact information in CM/ECF is not current. Please update your contact information via PACER (tlf. [Transferred from Georgia Middle on 7/24/2019.] |
| NOTICE TO COUNSEL RALPH B. GERMANY JR. - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice admissions fees, have not been met, a show cause hearing will be scheduled (tlf). [Transferred from Georgia Middle on 7/24/2019.] |
| Notice of Deficiency; Documents must be re-filed; Related documents: #10 Memorandum in Support and #9 Motion to Stay filed by CAROTHERS CONSTRUCTION, INC.; The memorandum in support should not have been filed as a separate document, but rather as an attachment to the motion. The CM/ECF procedures manual provides as follows: "Motions and Related Documents. A motion and any supporting documents filed concurrently with that motion (e.g., memorandum in support, statement of material facts, exhibits, affidavits) should be filed in a single docket entry. Likewise, a response or reply brief and any concurrently filed supporting documents should be filed as a single docket entry. The motion, response, or reply should be the main document, and the supporting documents should be filed as attachments. For example, a summary judgment motion docket entry should look as follows: [#] Motion for Summary Judgment; Attachment 1 Memorandum In Support". Document must be re-filed (tlf). [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 8 SUMMONS Returned Executed by REGAN TILE INC as to LIBERTY MUTUAL INSURANCE COMPANY. (Dinardo, Joseph) [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 7 SUMMONS Returned Executed by REGAN TILE INC as to CAROTHERS CONSTRUCTION INC. (Dinardo, Joseph) [Transferred from Georgia Middle on 7/24/2019.] |
| Notice of Deficiency; Documents must be re-filed; Related documents: #5 Notice (Other) filed by REGAN TILE INC, #6 Notice (Other) filed by REGAN TILE INC; Documents must be re-filed using correct event which is Civil Events, Initial Pleadings and Service, Service of Process, Summons Returned Executed (tlf). [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 6 NOTICE Filing Proof of Service by REGAN TILE INC (Dinardo, Joseph) [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 5 NOTICE Filing Proof of Service by REGAN TILE INC (Dinardo, Joseph) [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 4 Summons issued as to LIBERTY MUTUAL INSURANCE COMPANY (tlf). [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 3 Summons issued as to CAROTHERS CONSTRUCTION, INC. (tlf). [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 2 Corporate Disclosure Statement by United States of America, for Use and Benefit of Regan Tile, Inc., d/b/a Master Craft Flooring (REAMS, STEPHEN) [Transferred from Georgia Middle on 7/24/2019.] |
| Filing 1 COMPLAINT against Carothers Construction, Inc., Liberty Mutual Insurance Company Fee paid: Receipt # AGAMDC-3167197, $400 filed by United States of America, for Use and Benefit of Regan Tile, Inc., d/b/a Master Craft Flooring (Attachments: #1 Civil Cover Sheet Civil Cover Form, #2 Summons Summons - Carothers, #3 Summons Summons - Liberty Mutual, #4 Exhibit Exh 1- Subcontract, #5 Exhibit Exh 2 - Change Order 1, #6 Exhibit Exh 3 - Change Orders 2-19, #7 Exhibit Exh 4 - Payment Bond)(REAMS, STEPHEN) [Transferred from Georgia Middle on 7/24/2019.] |
| Notice of Deficiency; Related document: #1 Complaint filed by REGAN TILE INC; Parties were added using punctuation AND/OR title capitalization. The case opening guide states ***REMINDER*** all parties must be added using ALL CAPS (ie LISA SMITH or DELTA AIRLINES). Do not use ANY punctuation when adding new parties. For instructions on adding parties, please refer to the Style Guide located on the website for the Middle District of Georgia. No need to re-file (tlf). [Transferred from Georgia Middle on 7/24/2019.] |
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