Bakken Contracting, LLC v. The Venue at Werner Park, LLC
| Bakken Contracting, LLC doing business as BC Contracting |
| The Venue at Werner Park, LLC |
| Bakken Contracting, LLC |
| Western Surety Company, Sean Negus Construction, LLC doing business as SNC Contractors, R2 Plumbing, LLC, Grand Rapids Poured Walls, Inc. doing business as Cherry Valley Concrete and Mahoney Fire Sprinkler, Inc. |
| Sean Negus Construction, LLC |
| 8:2021cv00269 |
| July 20, 2021 |
| US District Court for the District of Nebraska |
| Susan M Bazis |
| Brian C Buescher |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on July 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 78 ANSWER to Crossclaim of Sean Negus Construction by Bakken Contracting, LLC (Ketcham, Dan) |
| Filing 77 NOTICE of Appearance of Counsel by Attorney Dan H. Ketcham on behalf of Plaintiff Bakken Contracting, LLC (Ketcham, Dan) |
| Filing 76 ANSWER to Crossclaim of Sean Negus Construction by Western Surety Company (Robak, Erin) |
| Filing 75 TEXT NOTICE of Hearing regarding Order on Motion to Amend #74 . Status Conference set for 7/13/2023 at 01:00 PM by Telephone before Magistrate Judge Susan M. Bazis. (ADB) |
Filing 74
SECOND AMENDEDFINAL PROGRESSION ORDER granting #73 Motion to Amend. The trial and pretrial conference will not be set at this time. The status conference presently scheduled for January 12, 2023 is canceled. A status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge by telephone on July 13, 2023 at 1:00 p.m. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (Filing No. 27.) Ordered by Magistrate Judge Susan M. Bazis. (ADB)
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| Filing 73 UNOPPOSED MOTION to Amend Progression Schedule by Attorney Erin R. Robak on behalf of Plaintiff Bakken Contracting, LLC.(Robak, Erin) |
| Filing 72 ANSWER to Third Party Complaint of Bakken Contracting, LLC, CROSSCLAIM of Third Party Defendant Sean Negus Construction, LLC against Western Surety Company, COUNTERCLAIM of Third Party Defendant Sean Negus Construction, LLC against Bakken Contracting, LLC by Sean Negus Construction, LLC (Young, Duncan) |
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Filing 71
MEMORANDUM AND ORDER REGARDING THIRD-PARTY DEFENDANT SNC'S MOTION TO DISMISS PURSUANT TO FRCP 12(B)(1)- The Motion to Dismiss Pursuant to FRCP 12(b)(1) by Third-Party Defendant Sean Negus Construction, LLC, (SNC) is denied. Ordered by Judge Brian C. Buescher. (MKR)
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| Filing 70 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Christopher J. Tjaden on behalf of Third Party Defendant Mahoney Fire Sprinkler, Inc..(Tjaden, Christopher) |
| Filing 69 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Third Party Defendant Mahoney Fire Sprinkler, Inc.. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(TJM) |
| Filing 68 ANSWER to Complaint with with jury demand by Mahoney Fire Sprinkler, Inc. (Tjaden, Christopher) |
| Filing 67 NOTICE of Appearance by Attorney Christopher J. Tjaden on behalf of Third Party Defendant Mahoney Fire Sprinkler, Inc. (Tjaden, Christopher) |
| Filing 66 Third Party Defendant's ANSWER to Crossclaim of R2 Plumbing LLC by Western Surety Company (Robak, Erin) |
| Filing 65 Third Party Plaintiff's REPLY to Counterclaim of R2 Plumbing LLC by Bakken Contracting, LLC (Robak, Erin) |
| Filing 64 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Jennifer D. Tricker on behalf of Third Party Defendant Grand Rapids Poured Walls, Inc..(Tricker, Jennifer) |
| Filing 63 BRIEF in opposition to MOTION to Dismiss Pursuant to FRCP 12(b)(1) #56 of Third Party Defendant Sean Negus Construction by Attorney Erin R. Robak on behalf of Third Party Plaintiff Bakken Contracting, LLC.(Robak, Erin) |
| Filing 62 INDEX in opposition to MOTION to Dismiss Pursuant to FRCP 12(b)(1) #56 by Third Party Defendant Sean Negus Contruction by Attorney Erin R. Robak on behalf of Third Party Plaintiff Bakken Contracting, LLC. (Attachments: #1 Ex A - Robak Declaration, #2 Ex A-1 to Robak Declaration, #3 Ex A-2 to Robak Declaration)(Robak, Erin) |
| Filing 61 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Third Party Defendant Grand Rapids Poured Walls, Inc. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(TJM) |
| Filing 60 ANSWER to Complaint with with jury demand by Grand Rapids Poured Walls, Inc. (Tricker, Jennifer) |
| Filing 59 R2 Plumbing, LLC ANSWER to Complaint 3rd Party Plaintiff - Bakken Contracting LLC, CROSSCLAIM of 3rd Party Def - R2 Plumbing, LLC against Western Surety Company regarding Third Party Complaint, #45 filed by Bakken Contracting, LLC, COUNTERCLAIM 3rd Party Def - R2 Plumbing LLC against Bakken Contracting, LLC regarding Third Party Complaint, #45 filed by Bakken Contracting, LLC by R2 Plumbing, LLC (Kaup, Denise) |
| Filing 58 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Duncan A. Young on behalf of Third Party Defendant Sean Negus Construction, LLC.(Young, Duncan) |
| Filing 57 BRIEF in support of MOTION to Dismiss Pursuant to FRCP 12(b)(1) #56 by Attorney Duncan A. Young on behalf of Third Party Defendant Sean Negus Construction, LLC. (Attachments: #1 Exhibit Exhibits 1, A, B, C, D, E)(Young, Duncan) |
| Filing 56 MOTION to Dismiss Pursuant to FRCP 12(b)(1) by Attorney Duncan A. Young on behalf of Third Party Defendant Sean Negus Construction, LLC.(Young, Duncan) |
| Filing 55 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Denise L. Kaup on behalf of Third Party Defendant R2 Plumbing, LLC.(Kaup, Denise) |
| Filing 54 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Third Party Defendant Sean Negus Construction, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(TJM) |
| Filing 53 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Third Party Defendant R2 Plumbing, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(TJM) |
| Filing 52 NOTICE of Appearance Acceptance of Service by Attorney Duncan A. Young on behalf of Third Party Defendant Sean Negus Construction, LLC (Young, Duncan) |
| Filing 51 SUMMONS Returned Executed upon defendant Mahoney Fire Sprinkler, Inc. on 5/2/2022. (Robak, Erin) |
| Filing 50 SUMMONS Returned Executed upon defendant Grand Rapids Poured Walls, Inc. on 5/2/2022. (Robak, Erin) |
| Filing 49 Acceptance of Service on May 5, 2022 upon R-2 Plumbing, LLC by Attorney Denise L. Kaup on behalf of Third Party Defendant R2 Plumbing, LLC.(Kaup, Denise) Modified on 5/11/2022 to correct description of filing (TJM). |
| Filing 48 Summons Issued as to defendant Grand Rapids Poured Walls, Inc., Mahoney Fire Sprinkler, Inc. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (TCL) |
| Filing 47 Summons Requested as to Grand Rapids Poured Walls Inc regarding Third Party Complaint, #45 . (Robak, Erin) |
| Filing 46 Summons Requested as to Mahoney Fire Sprinkler Inc regarding Third Party Complaint, #45 . (Robak, Erin) |
| Filing 45 THIRD PARTY COMPLAINT against Sean Negus Construction, LLC, R2 Plumbing, LLC, Grand Rapids Poured Walls, Inc., Mahoney Fire Sprinkler, Inc., by Attorney Erin R. Robak on behalf of Bakken Contracting, LLC (Attachments: #1 Ex. A - SNC Subcontract, #2 Ex. B - R2 Plumbing Subcontract, #3 Ex. C - Cherry Valley Subcontracct, #4 Ex. D - Mahoney Sprinkler Subcontract)(Robak, Erin) |
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Filing 44
TEXT ORDER granting #43 Unopposed Motion for Leave. Bakken Contracting shall file its Third Party Complaint by April 20, 2022. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 43 UNOPPOSED MOTION for Leave to File Third Party Complaint by Attorney Erin R. Robak on behalf of Plaintiff Bakken Contracting, LLC. (Attachments: #1 Exhibit A - proposed Third Party Complaint)(Robak, Erin) |
| Filing 42 NOTICE of Intent to Serve Subpoena by Attorney David S. Houghton on behalf of Defendant The Venue at Werner Park, LLC (Attachments: #1 Exhibit Subpoena)(Houghton, David) |
| Filing 41 TEXT NOTICE of Hearing regarding Final Progression Order #40 . Status Conference set for 1/12/2023 at 01:00 PM by Telephone before Magistrate Judge Susan M. Bazis. (MKR) |
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Filing 40
FINAL PROGRESSION ORDER - Depositions due January 16, 2023. THIS MATTER is before the Court on the parties' Amended Stipulation to Enter Amended Progression Schedule. #39 . The motion is granted. The parties' Joint Stipulation to Amend Case Progression Order #38 is denied as moot. Status Conference set for 1/12/2023 at 01:00 PM by Telephone before Magistrate Judge Susan M. Bazis. Ordered by Magistrate Judge Susan M. Bazis. (MKR)
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| Filing 39 AMENDED STIPULATION to Enter Amended Progression Schedule by Attorney Erin R. Robak on behalf of Plaintiff Bakken Contracting, LLC, Third Party Defendant Western Surety Company.(Robak, Erin) |
| Filing 38 JOINT STIPULATION to Amend Case Progression Order by Attorney Erin R. Robak on behalf of Plaintiff Bakken Contracting, LLC.(Robak, Erin) |
| Filing 37 Certificate of Service of Plaintiff's Discovery Requests to Defendant by Attorney Erin R. Robak on behalf of Plaintiff Bakken Contracting, LLC.(Robak, Erin) |
| Filing 36 Certificate of Service of Third Party Defendant's Initial Disclosures by Attorney Erin R. Robak on behalf of Third Party Defendant Western Surety Company.(Robak, Erin) |
| Filing 35 Certificate of Service of Plaintiff's Initial Disclosures by Attorney Erin R. Robak on behalf of Plaintiff Bakken Contracting, LLC.(Robak, Erin) |
| Filing 34 NOTICE of Serving Initial Disclosures by Attorney David S. Houghton on behalf of Defendant The Venue at Werner Park, LLC, Third Party Plaintiff The Venue at Werner Park, LLC (Houghton, David) |
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Filing 33
FINAL PROGRESSION ORDER - Depositions due October 17, 2022. Status Conference set for 10/18/2022 at 02:00 PM by Telephone before Magistrate Judge Susan M. Bazis. Ordered by Magistrate Judge Susan M. Bazis. (MKR)
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| Filing 32 TEXT ORDER: The parties did not consent, in writing, to disposition of the case by a magistrate judge. Pursuant to NEGenR.1.4(a)(3)(C)(ii). Case reassigned to Judge Brian C. Buescher and Magistrate Judge Susan M. Bazis. Ordered by Deputy Clerk. (LRM) |
| Filing 31 REPORT of Rule 26(f) Planning Meeting by Attorney Erin R. Robak on behalf of Plaintiff Bakken Contracting, LLC.(Robak, Erin) |
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Filing 30
TEXT ORDER granting #29 Motion to Extend. The mandatory disclosure deadline is extended to December 1, 2021. Ordered by Magistrate Judge Susan M. Bazis. (RMW)
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| Filing 29 UNOPPOSED MOTION to Extend Initial Disclosures Deadline Scheduling Order #26 by Attorney Aimee C. Bataillon on behalf of Third Party Plaintiff The Venue at Werner Park, LLC, Defendant The Venue at Werner Park, LLC.(Bataillon, Aimee) |
| Filing 28 NOTICE of Appearance by Attorney Aimee C. Bataillon on behalf of Third Party Plaintiff The Venue at Werner Park, LLC, Defendant The Venue at Werner Park, LLC (Bataillon, Aimee) |
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Filing 27
RESTRICTED TELEPHONE CONFERENCE INSTRUCTIONS AND ORDER. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Magistrate Judge Susan M. Bazis. (RMW)
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Filing 26
SCHEDULING ORDER - Rule 26 Meeting Report Deadline set for 11/17/2021.Ordered by Magistrate Judge Susan M. Bazis. (MKR)
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| Filing 25 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Erin R. Robak on behalf of Third Party Defendant Western Surety Company.(Robak, Erin) |
| Filing 24 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Third Party Defendant Western Surety Company. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(CS) |
| Filing 23 ANSWER to Complaint by Western Surety Company (Robak, Erin) |
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Filing 22
TEXT ORDER granting #21 Motion for Extension of Time to File a Responsive Pleading. Western Surety Company shall answer or otherwise respond to the Third-Party Complaint by October 8, 2021. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 21 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Erin R. Robak on behalf of Third Party Defendant Western Surety Company.(Robak, Erin) |
| Filing 20 REPLY to Counterclaim of Defendant, Doc No. 8 by Bakken Contracting, LLC (Robak, Erin) |
| Filing 19 TEXT ORDER granting Motion for Admission Pro Hac Vice #18 for attorney Mark R. Hanson. Ordered by Deputy Clerk. (JLS) |
| Filing 18 MOTION for Admission Pro Hac Vice of Mark R. Hanson Filing fee $ 100, receipt number ANEDC-4477911 by Attorney Mark R. Hanson on behalf of Counter Defendant Bakken Contracting, LLC, Plaintiff Bakken Contracting, LLC.(Hanson, Mark) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney David S. Houghton on behalf of Defendant The Venue at Werner Park, LLC, Third Party Plaintiff The Venue at Werner Park, LLC.(Houghton, David) |
| Filing 16 SUMMONS Returned Executed upon Third -Party defendant Western Surety Company on 9/7/2021. (Houghton, David) |
| Filing 15 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant The Venue at Werner Park, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(CS) |
| Filing 14 Summons Issued as to third-party defendant Western Surety Company. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LRM) |
| Filing 13 Summons Requested as to Western Surety Company regarding Third Party Complaint #10 . (Houghton, David) |
| Filing 12 Summons Requested as to Western Surety Company regarding Third Party Complaint #10 . (Houghton, David) |
| Filing 11 Summons Requested as to Western Surety Company regarding Third Party Complaint #10 . (Houghton, David) |
| Filing 10 THIRD PARTY COMPLAINT against Western Surety Company, by Attorney David S. Houghton on behalf of The Venue at Werner Park, LLC (Attachments: #1 Exhibit Contract, #2 Exhibit Performance Bond)(Houghton, David) |
| Filing 9 NOTICE of Appearance by Attorney David S. Houghton on behalf of Defendant The Venue at Werner Park, LLC, Counter Claimant The Venue at Werner Park, LLC (Houghton, David) |
| Filing 8 Defendant's ANSWER to Complaint and, COUNTERCLAIM against Bakken Contracting, LLC regarding Complaint #1 filed by Bakken Contracting, LLC by The Venue at Werner Park, LLC (Attachments: #1 Exhibit Contract, #2 Exhibit Performance Bond) (Houghton, David) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Erin R. Robak on behalf of Plaintiff Bakken Contracting, LLC.(Robak, Erin) |
| Filing 6 SUMMONS Returned Executed upon defendant The Venue at Werner Park, LLC on 7/28/2021. (Robak, Erin) |
| Filing 5 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Bakken Contracting, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LRM) |
| Filing 4 Summons Issued as to defendant The Venue at Werner Park, LLC. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LRM) |
| Filing 3 TEXT NOTICE OF JUDGES ASSIGNED: Magistrate Judge Susan M. Bazis assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM) |
| Filing 2 Summons Requested as to regarding Complaint #1 . (Robak, Erin) |
| Filing 1 COMPLAINT with jury demand against The Venue at Werner Park, LLC ( Filing fee $ 402, receipt number ANEDC-4439215), by Attorney Erin R. Robak on behalf of Bakken Contracting, LLC dba BC Contracting(Robak, Erin) |
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