New Hope Wesleyan Church v. Ecclesia Construction Company, LLC
| New Hope Wesleyan Church |
| Ecclesia Construction Company, LLC doing business as Ecclesia Building Strategies |
| Ironhidez Construction, LLC, Chief Industries, Inc. doing business as Chief Buildings, Hite Architecture, P.A., Shultz Engineering Group, P.C., Froemming Construction and Commercial Exterior Specialties, LLC |
| 8:2024cv00136 |
| April 16, 2024 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on April 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 54 Case transferred in from District of North Dakota; Case Number 1:23-cv-00105. Original electronic file received. |
Filing 53
ORDER by Judge Daniel L. Hovland denying #33 Motion to Dismiss; granting 35 Motion to Transfer Ecclesia Construction Company's third-party complaint against Chief Industries, Inc. to the District of Nebraska. (MM) [Transferred from North Dakota on 4/16/2024.]
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| Case transferred to District of Nebraska. (mf) [Transferred from North Dakota on 4/16/2024.] |
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Filing 52
ORDER: Mid-Discovery Status Conference set for 8/1/2024 9:00 AM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter.(GW) [Transferred from North Dakota on 4/16/2024.]
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Filing 51
Order for Final Pretrial Conference and Trial Preparation Deadlines. Two business days prior to the Final Pretrial Conference, counsel must email the Final Pretrial Statement; Exhibit List and Witness List for each party; and Expert Reports to: ndd_J-Hochhalter@ndd.uscourts.gov. Trial Memorandum due at least 7 days prior to trial. Deposition designations due at least 14 days prior to trial. Additional deposition designations by opposing parties due 7 days prior to trial. Objections to deposition designations due 4 days prior to trial. Jury Instructions due at least 7 days prior to trial. Motions in limine due 30 days prior to trial. Additional deadlines and details contained in the Order. By Magistrate Judge Clare R. Hochhalter. Final Pretrial Conference set for 9/9/2025 at 10:00 AM by telephone before Magistrate Judge Clare R. Hochhalter.(GW) [Transferred from North Dakota on 4/16/2024.]
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| Filing 50 NOTICE of Hearing: Jury Trial set for 9/29/2025 at 9:00 AM in Bismarck Eagle Courtroom before Judge Daniel L. Hovland (8 days). (GW) [Transferred from North Dakota on 4/16/2024.] |
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Filing 49
(Text Only) ORDER Adopting #48 Stipulation filed by Ecclesia Construction Company, LLC: Amended Pleadings due by 7/1/2024., Discovery due by 11/1/2024., Discovery Motions due by 12/1/2024., Discovery Depositions of Expert Witnesses due by 12/1/2024., Plaintiffs Expert Witness Disclosures and Reports due by 7/1/2024., Defendants Expert Witness Disclosures and Reports due by 8/1/2024., Plaintiffs Rebuttal Expert Disclosures due by 9/1/2024., Defendants Rebuttal Expert Disclosures due by 10/1/2024., Join Additional Parties due by 6/1/2024., Dispositive Motions due by 1/1/2025., Nondispositive Motions due by 6/1/2024. By Magistrate Judge Clare R. Hochhalter.(GW) [Transferred from North Dakota on 4/16/2024.]
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| Filing 48 STIPULATION Scheduling/Discovery Plan by Ecclesia Construction Company, LLC. (Beehler, Bradley) [Transferred from North Dakota on 4/16/2024.] |
| Filing 47 NOTICE of Substitution of Attorney by Nicholas C. Grant on behalf of Shultz Engineering Group, P.C. (Grant, Nicholas) [Transferred from North Dakota on 4/16/2024.] |
| Filing 46 NOTICE of Appearance by Kevin Schneider on behalf of Chief Industries, Inc. (Schneider, Kevin) [Transferred from North Dakota on 4/16/2024.] |
| Filing 45 Corporate Disclosure Statement by Commercial Exterior Specialties, LLC. (Wells, Roland) [Transferred from North Dakota on 4/16/2024.] |
| Filing 44 ANSWER to Third Party Complaint #2 by Commercial Exterior Specialties, LLC.(Wells, Roland) [Transferred from North Dakota on 4/16/2024.] |
| DOCKET CORRECTION re: #43 Stipulation. Clerk's Office removed link. (cjs) [Transferred from North Dakota on 4/16/2024.] |
| Filing 43 STIPULATION re #2 Answer to Complaint (Notice of Removal),,, Third Party Complaint by Ecclesia Construction Company, LLC. (Beehler, Bradley) Modified on 10/16/2023 to remove link (cjs). [Transferred from North Dakota on 4/16/2024.] |
| Filing 42 NOTICE of Appearance by C. Todd Koebele on behalf of Commercial Exterior Specialties, LLC (Koebele, C.) [Transferred from North Dakota on 4/16/2024.] |
| Filing 41 Corporate Disclosure Statement by New Hope Wesleyan Church. (Kalil, Thomas) [Transferred from North Dakota on 4/16/2024.] |
| Filing 40 REPLY to Response to Motion re #33 MOTION to Dismiss or to Transfer filed by Chief Industries, Inc.. (Pathroff, Robert) [Transferred from North Dakota on 4/16/2024.] |
| Filing 39 RESPONSE to Motion re #33 MOTION to Dismiss or to Transfer, 35 MOTION to Transfer filed by New Hope Wesleyan Church. (Kalil, Thomas) [Transferred from North Dakota on 4/16/2024.] |
| Filing 38 AFFIDAVIT of Aaron C. Abelleira re #37 Response to Motion by Ecclesia Construction Company, LLC. (Attachments: #1 Exhibit 1 - Agreement to Purchase, #2 Exhibit 2 - Staal v Scherping, #3 Exhibit 3 - Fed Court Mgt Statistics, #4 Exhibit 4 - Lightbeam Health v Tidewater, #5 Exhibit 5 - Metromedia Steakhouses v BMJ Foods)(Beehler, Bradley) [Transferred from North Dakota on 4/16/2024.] |
| Filing 37 RESPONSE to Motion re #33 MOTION to Dismiss or to Transfer, 35 MOTION to Transfer filed by Ecclesia Construction Company, LLC. (Beehler, Bradley) [Transferred from North Dakota on 4/16/2024.] |
| Filing 36 Corporate Disclosure Statement by Chief Industries, Inc.. (Pathroff, Robert) [Transferred from North Dakota on 4/16/2024.] |
| DOCKET CORRECTION re: #33 Motion to Dismiss. Multiple relief document filed as one relief. Clerk's office filed Motion to Transfer at 35 . Re #34 Memorandum in Support. Clerks office added link. (mf) [Transferred from North Dakota on 4/16/2024.] |
| Filing 35 MOTION to Transfer to United States District Court, District of Nebraska by Chief Industries, Inc. See document #33 . (mf) [Transferred from North Dakota on 4/16/2024.] |
| Filing 34 MEMORANDUM in Support re #33 MOTION to Dismiss or to Transfer re 35 MOTION to Transfer filed by Chief Industries, Inc.. (Attachments: #1 Index of Evidence, #2 Exhibit 1- Affidavit of David Ostdiek in Support of Motion to Dismiss or Transfer, #3 Exhibit A- Quote Request, #4 Exhibit B- Agreement to Purchase)(Pathroff, Robert) (Attachment 3 replaced on 8/14/2023 to remove overlapping header) NEF Regenerated on 8/14/2023. Modified on 8/14/2023 to add link (mf) [Transferred from North Dakota on 4/16/2024.] |
| Filing 33 MOTION to Dismiss or to Transfer by Chief Industries, Inc.. (Pathroff, Robert) [Transferred from North Dakota on 4/16/2024.] |
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Filing 32
(Text Only) ORDER Adopting Stipulation re #30 Stipulation filed by Chief Industries, Inc. Third-Party Defendant Chief Industries, Inc.'s response to the Third-Party Complaint due by 8/11/2023. By Magistrate Judge Clare R. Hochhalter.(LC) [Transferred from North Dakota on 4/16/2024.]
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| Set/Reset Deadlines as to Response due by 8/11/2023 (jb) [Transferred from North Dakota on 4/16/2024.] |
| Filing 31 Corporate Disclosure Statement by Shultz Engineering Group, P.C.. (Grant, Nicholas) [Transferred from North Dakota on 4/16/2024.] |
| Filing 30 STIPULATION to Extend Time to Answer Third-Party Complaint by Chief Industries, Inc.. (Pathroff, Robert) [Transferred from North Dakota on 4/16/2024.] |
| Filing 29 NOTICE of Appearance by Robert James Pathroff on behalf of Chief Industries, Inc. (Pathroff, Robert) [Transferred from North Dakota on 4/16/2024.] |
| Filing 28 ANSWER to Third Party Complaint #2 by Hite Architecture, P.A..(McLean, Ian) [Transferred from North Dakota on 4/16/2024.] |
| Filing 27 Corporate Disclosure Statement by Hite Architecture, P.A.. (McLean, Ian) [Transferred from North Dakota on 4/16/2024.] |
| Filing 26 Corporate Disclosure Statement by Ironhidez Construction, LLC. (Passaro, Cara) [Transferred from North Dakota on 4/16/2024.] |
| Filing 25 ANSWER to Third Party Complaint #2 by Ironhidez Construction, LLC.(Passaro, Cara) [Transferred from North Dakota on 4/16/2024.] |
| Filing 24 NOTICE of Appearance by Cara C. Passaro on behalf of Ironhidez Construction, LLC (Passaro, Cara) [Transferred from North Dakota on 4/16/2024.] |
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Filing 23
(Text Only) ORDER adopting #22 Stipulation. Third-Party Defendant Hite Architecture, P.A. shall have until 8/4/2023 to file an answer or otherwise respond the Third-Party Complaint. By Magistrate Judge Clare R. Hochhalter. (BG) [Transferred from North Dakota on 4/16/2024.]
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| Filing 22 STIPULATION re #2 Answer to Complaint (Notice of Removal),,, Third Party Complaint,, #12 Summons Returned Executed by Hite Architecture, P.A.. (McLean, Ian) [Transferred from North Dakota on 4/16/2024.] |
| Filing 21 NOTICE of Appearance by Aaron Abelleira on behalf of Ecclesia Construction Company, LLC (Abelleira, Aaron) [Transferred from North Dakota on 4/16/2024.] |
| Filing 20 SUMMONS Returned Executed by Ecclesia Construction Company, LLC. Ironhidez Construction, LLC served on 7/11/2023, answer due 8/1/2023 (Beehler, Bradley) [Transferred from North Dakota on 4/16/2024.] |
| Filing 19 NOTICE of Appearance by Ian Ronald McLean on behalf of Hite Architecture, P.A. (McLean, Ian) [Transferred from North Dakota on 4/16/2024.] |
| Filing 18 ANSWER to Third Party Complaint #2 by Shultz Engineering Group, P.C..(Grant, Nicholas) [Transferred from North Dakota on 4/16/2024.] |
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Filing 17
(Text Only) ORDER adopting #16 Stipulation. Third-Party Defendant Shultz Engineering Group, P.C.'s response to the Third-Party Complaint is due by 7/12/2023. By Magistrate Judge Clare R. Hochhalter (BG) [Transferred from North Dakota on 4/16/2024.]
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| Set/Reset Deadlines as to Response due by 7/12/2023 (jb) [Transferred from North Dakota on 4/16/2024.] |
| DOCKET CORRECTION re: #16 Stipulation. Clerk's office linked to correct document. (jb) [Transferred from North Dakota on 4/16/2024.] |
| Filing 16 STIPULATION re #2 ANSWER to Complaint (Notice of Removal), THIRD PARTY COMPLAINT for Extension to Respond by Shultz Engineering Group, P.C.. (Grant, Nicholas) Modified on 6/21/2023 to correct link. (jb) [Transferred from North Dakota on 4/16/2024.] |
| Filing 15 NOTICE of Appearance by Nicholas C. Grant on behalf of Shultz Engineering Group, P.C. (Grant, Nicholas) [Transferred from North Dakota on 4/16/2024.] |
| DOCKET CORRECTION re: #13 Affidavit. Wrong event selected. Clerk's Office restricted access to document and re-filed as Response to Order to Show Cause at #14 . (mf) [Transferred from North Dakota on 4/16/2024.] |
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by Ecclesia Construction Company, LLC. (mf) [Transferred from North Dakota on 4/16/2024.] |
| Filing 13 *RESTRICTED - WRONG EVENT SELECTED* AFFIDAVIT in Response to Order to Show Cause re #6 Order to Show Cause by Ecclesia Construction Company, LLC. (Beehler, Bradley) Modified on 6/20/2023 to restrict access (mf) [Transferred from North Dakota on 4/16/2024.] |
| Filing 12 SUMMONS Returned Executed by Ecclesia Construction Company, LLC. Hite Architecture, P.A. served on 6/7/2023, answer due 6/28/2023 (Beehler, Bradley) [Transferred from North Dakota on 4/16/2024.] |
| Filing 11 SUMMONS Returned Executed by Ecclesia Construction Company, LLC. Commercial Exterior Specialties, LLC served on 6/7/2023, answer due 6/28/2023 (Beehler, Bradley) [Transferred from North Dakota on 4/16/2024.] |
| Filing 10 SUMMONS Returned Executed by Ecclesia Construction Company, LLC. Ecclesia Construction Company, LLC served on 5/9/2023, answer due 5/30/2023 (Beehler, Bradley) [Transferred from North Dakota on 4/16/2024.] |
| Filing 9 SUMMONS Returned Executed by Ecclesia Construction Company, LLC. Shultz Engineering Group, P.C. served on 6/7/2023, answer due 6/28/2023 (Beehler, Bradley) [Transferred from North Dakota on 4/16/2024.] |
| Filing 8 SUMMONS Returned Executed by Ecclesia Construction Company, LLC. Chief Industries, Inc. served on 6/7/2023, answer due 6/28/2023 (Beehler, Bradley) [Transferred from North Dakota on 4/16/2024.] |
| Filing 7 NOTICE of Appearance by Thomas E. Kalil on behalf of New Hope Wesleyan Church (Kalil, Thomas) [Transferred from North Dakota on 4/16/2024.] |
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Filing 6
ORDER TO SHOW CAUSE by Magistrate Judge Clare R. Hochhalter. Show Cause Response due by 6/30/2023. (BG) [Transferred from North Dakota on 4/16/2024.]
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| Filing 5 Corporate Disclosure Statement by Ecclesia Construction Company, LLC. (Beehler, Bradley) [Transferred from North Dakota on 4/16/2024.] |
| Filing 4 NOTICE of Appearance by Jonathon M Zentner on behalf of Ecclesia Construction Company, LLC (Zentner, Jonathon) [Transferred from North Dakota on 4/16/2024.] |
| Filing 3 Third-Party Summons Issued as to Chief Industries, Inc., Commercial Exterior Specialties, LLC, Hite Architecture, P.A., Ironhidez Construction, LLC, Shultz Engineering Group, P.C. (mf) Modified on 6/5/2023 to add Third Party language and regenerated NEF. (rh) [Transferred from North Dakota on 4/16/2024.] |
| Filing 2 ANSWER to Complaint (Notice of Removal), THIRD PARTY COMPLAINT against Chief Industries, Inc., Hite Architecture, P.A., Shultz Engineering Group, P.C., Ironhidez Construction, LLC, Commercial Exterior Specialties, LLC by Ecclesia Construction Company, LLC. (Attachments: #1 Exhibit A - Chief Building Agreement to Purchase, #2 Exhibit B - Hite Architect Contract, #3 Exhibit C - Shultz Engineering Agreement, #4 Exhibit D - Ironhidez Construction Subcontract, #5 Exhibit E - Commercial Exterior Subcontract)(mf) [Transferred from North Dakota on 4/16/2024.] |
| Filing 1 NOTICE OF REMOVAL by Ecclesia Construction Company, LLC from Williams County District Court, case number Not Assigned. Filing fee $ 402 receipt number 100001139 filed by Ecclesia Construction Company, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons and Complaint - State Pleadings, #3 Notice of Filing of Notice of Removal, #4 Affidavit of Service)(mf) [Transferred from North Dakota on 4/16/2024.] |
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