United States of America for the use of Strategic Energy Services, LLC et al v. Ace Electric, Inc. et al
Plaintiff: United States of America for the use of Strategic Energy Services, LLC and Strategic Energy Services, LLC
Defendant: Ace Electric, Inc., Hartford Casualty Insurance Company, Travelers Casualty and Surety Company of America, Fidelity and Deposit Company of Maryland, Liberty Mutual Insurance Company and Federal Insurance Company
Case Number: 4:2014cv00008
Filed: January 13, 2014
Court: US District Court for the Eastern District of North Carolina
Office: Eastern Division Office
County: ONSLOW
Presiding Judge: James C Dever
Nature of Suit: Miller Act
Cause of Action: 28 U.S.C. § 1330 Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 5, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2016 Filing 58 JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that plaintiffs' claims against the surety defendants derive from plaintiffs' claims against Ace. Accordingly, plaintiffs' failure to prosecute their claims against Ace also constitutes a failure to prosecute their claims against the surety defendants. Thus, plaintiffs' claims against Ace and the surety defendants are dismissed withprejudice. In sum, defendants' motion to dismiss [D.E. 55] is GRANTED. Plaintiffs' complaint is DISMISSED with prejudice. Signed by Julie Richards Johnston, Clerk of Court on 8/5/2016. (Briggeman, N.)
August 5, 2016 Opinion or Order Filing 57 ORDER granting #55 Motion to Dismiss for Lack of Prosecution. Signed by Chief Judge James C. Dever III on 8/3/2016. (Briggeman, N.)
July 21, 2016 Filing 56 Proposed Order regarding #55 MOTION to Dismiss for Lack of Prosecution by all Defendants filed by Ace Electric, Inc.. (Cook, David)
July 19, 2016 Motion Submitted to Chief Judge James C. Dever III: regarding #55 MOTION to Dismiss for Lack of Prosecution. (Briggeman, N.)
June 23, 2016 Filing 55 MOTION to Dismiss for Lack of Prosecution filed by Ace Electric, Inc.. (Hornthal, L.)
June 10, 2016 Filing 54 STATUS REPORT by Ace Electric, Inc. (Cook, David)
May 26, 2016 Opinion or Order Filing 53 ORDER denying #51 Motion to Withdraw as Attorney. Signed by Chief Judge James C. Dever III on 5/26/2016. (Briggeman, N.)
May 25, 2016 Opinion or Order Filing 52 ORDER: Not later than June 10,2016, the parties shall file a joint statement updating the court on the status of this case. That report shall advise the court of the status of settlement negotiations and whether the parties have completed arbitration. Signed by Chief Judge James C. Dever III on 5/25/2016. (Briggeman, N.)
February 18, 2016 Filing 51 MOTION to Withdraw as Attorney for Plaintiffs filed by Strategic Energy Services, LLC. (Attachments: #1 Text of Proposed Order) (Rosenwood, Erik)
February 18, 2016 Motion Submitted to Chief Judge James C. Dever III: regarding #51 MOTION to Withdraw as Attorney for Plaintiffs. (Briggeman, N.)
April 2, 2015 Filing 50 NOTICE of Appearance by Erik M. Rosenwood on behalf of All Plaintiffs (Rosenwood, Erik)
March 10, 2015 Opinion or Order Filing 49 ORDER GRANTING: #47 Motion to Withdraw as Attorney. Attorney William A. Scott and Renner Jo St. John terminated. Signed by Chief Judge James C. Dever III on 3/10/15. (O'Brien, C.)
March 2, 2015 Filing 48 NOTICE of Appearance for non-district by William A. Scott on behalf of Strategic Energy Services, LLC (Scott, William)
February 18, 2015 Motion Submitted to Chief Judge James C. Dever III: #47 First MOTION to Withdraw as Attorney for Plaintiffs. (O'Brien, C.)
February 16, 2015 Filing 47 First MOTION to Withdraw as Attorney for Plaintiffs by Strategic Energy Services, LLC, United States of America for the use of Strategic Energy Services, LLC. (Attachments: #1 Text of Proposed Order) (St. John, Renner)
May 7, 2014 Opinion or Order Filing 46 ORDER granting #38 Motion to Compel Arbitration and Stay Litigation. This action shall be stayed as to all remaining Defendants. Upon conclusion of the arbitration, the Court will conduct such proceedings as may be appropriate to bring this matter to conclusion. Signed by Chief Judge James C. Dever III on 5/6/2014. (Sawyer, D.)
May 7, 2014 Opinion or Order Filing 45 ORDER granting #42 Third Motion for Extension of Time to Answer. Signed by Chief Judge James C. Dever III on 5/6/2014. (Sawyer, D.)
May 7, 2014 Opinion or Order Filing 44 ORDER granting #34 Motion to Stay. The action is stayed as to theDefendants Travelers Casualty and Surety Company Of America, Fidelity And Deposit Company Of Maryland, Liberty Mutual Insurance Company, and Federal Insurance Company only. The action shall continue to proceed as to all other parties. The stayed portion of the lawsuit is stayed until (a) the issue of liability is determined between Plaintiff and Defendant Ace Electric (or its surety, Hartford) or (b) the Court grants a motion by any of the parties to lift the stay. Signed by Chief Judge James C. Dever III on 5/6/2014. (Sawyer, D.)
May 4, 2014 MOTION SUBMITTED to Chief Judge James C. Dever III: #38 First Motion to Compel Arbitration and Stay Litigation. (Sawyer, D.)
April 18, 2014 Filing 43 Strategic Energy Services, LLC's ANSWER to #37 Answer to Complaint, Counterclaim Counterclaim of Ace Electric, Inc. by Strategic Energy Services, LLC. (St. John, Renner)
April 3, 2014 Filing 42 Third MOTION for Extension of Time to File Answer regarding #1 Complaint by Federal Insurance Company, Fidelity and Deposit Company of Maryland, Liberty Mutual Insurance Company, Travelers Casualty and Surety Company of America. (Attachments: #1 Text of Proposed Order) (Herndon, Robert)
April 3, 2014 MOTION SUBMITTED to Chief District Judge James C. Dever, III: #42 Third Motion for Extension of Time to File Answer. (Fisher, M.)
April 1, 2014 Filing 41 Proposed Order regarding #38 First MOTION to Compel Arbitration and Stay Litigation filed by Ace Electric, Inc.. (Hanrahan, Mark)
April 1, 2014 MOTION SUBMITTED to Chief Judge James C. Dever III: #34 Consent Motion to Stay -Partial Stay of Proceedings. (Sawyer, D.)
March 31, 2014 Filing 40 MEMORANDUM in Support of #38 Motion to Compel filed by Ace Electric, Inc. (Attachments: #1 Affidavit of Robert H. Stalvey, Jr.) (Hanrahan, Mark)
March 31, 2014 Opinion or Order Filing 39 ORDER granting #33 Motion for Extension of Time to Answer. Fidelity and Deposit Company of Maryland, Liberty Mutual Insurance Company,and Travelers Casualty and Surety Company of America answer due 4/7/2014. Signed by Chief Judge James C. Dever III on 3/31/2014. (Sawyer, D.)
March 31, 2014 Filing 38 MOTION TO COMPEL Arbitration and Stay Litigation filed by Ace Electric, Inc. (Hanrahan, Mark)
March 31, 2014 Filing 37 ANSWER to #1 Complaint #12 , First COUNTERCLAIM against Strategic Energy Services, LLC by Ace Electric, Inc.. (Hanrahan, Mark)
March 31, 2014 Filing 36 ANSWER to #1 Complaint #12 by Hartford Casualty Insurance Company. (Hanrahan, Mark)
March 31, 2014 Filing 35 Memorandum in Support regarding #34 Consent MOTION to Stay Partial Stay of Proceedings filed by Federal Insurance Company, Fidelity and Deposit Company of Maryland, Liberty Mutual Insurance Company, Travelers Casualty and Surety Company of America. (Herndon, Robert)
March 31, 2014 Filing 34 Consent MOTION to Stay Partial Stay of Proceedings by Federal Insurance Company, Fidelity and Deposit Company of Maryland, Liberty Mutual Insurance Company, Travelers Casualty and Surety Company of America. (Attachments: #1 Text of Proposed Order) (Herndon, Robert)
March 31, 2014 NOTICE OF CORRECTION regarding #40 "Motion to Compel". Counsel incorrectly docketed this memorandum as a motion. The case manager has corrected the error and updated the docket sheet. (Sawyer, D.)
March 28, 2014 Filing 33 Second MOTION for Extension of Time to File Answer regarding #1 Complaint by Federal Insurance Company, Fidelity and Deposit Company of Maryland, Liberty Mutual Insurance Company, Travelers Casualty and Surety Company of America. (Attachments: #1 Text of Proposed Order) (Herndon, Robert)
March 28, 2014 MOTION SUBMITTED to Chief Judge James C. Dever III: #33 Second Motion for Extension of Time to File Answer. (Sawyer, D.)
March 4, 2014 Filing 32 NOTICE of Appearance for non-district by Renner Jo St. John on behalf of Strategic Energy Services, LLC (Attachments: #1 E-Filing Registration of Dane Sowinski) (St. John, Renner)
March 4, 2014 Filing 31 NOTICE of Appearance for non-district by Renner Jo St. John on behalf of Strategic Energy Services, LLC (Attachments: #1 E-Filing Registration of William Scott) (St. John, Renner)
February 21, 2014 Filing 30 FINANCIAL DISCLOSURE STATEMENT by Hartford Casualty Insurance Company (Hanrahan, Mark)
February 18, 2014 Filing 29 NOTICE of Appearance for non-district by Mark V. Hanrahan on behalf of Ace Electric, Inc., Hartford Casualty Insurance Company (Hanrahan, Mark)
February 10, 2014 TEXT ORDER granting defendants' #24 motion for extension of time. Defendants Federal Insurance Company, Fidelity and Deposit Company of Maryland, Liberty Mutual Insurance Company and Travelers Casualty and Surety Company of America have through and including March 31, 2014 to answer or otherwise respond to plaintiff's complaint. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 2/10/2014. (Skinner, J.)
February 7, 2014 Filing 28 FINANCIAL DISCLOSURE STATEMENT by Federal Insurance Company identifying Corporate Parent The Chubb Corporation for Federal Insurance Company.. (Herndon, Robert)
February 7, 2014 Filing 27 FINANCIAL DISCLOSURE STATEMENT by Liberty Mutual Insurance Company identifying Corporate Parent Liberty Mutual Group, Inc. for Liberty Mutual Insurance Company.. (Herndon, Robert)
February 7, 2014 Filing 26 FINANCIAL DISCLOSURE STATEMENT by Fidelity and Deposit Company of Maryland identifying Corporate Parent Zurich American Insurance Company for Fidelity and Deposit Company of Maryland.. (Herndon, Robert)
February 7, 2014 Filing 25 FINANCIAL DISCLOSURE STATEMENT by Travelers Casualty and Surety Company of America identifying Corporate Parent Travelers Casualty and Surety Company for Travelers Casualty and Surety Company of America.. (Herndon, Robert)
February 7, 2014 Filing 24 MOTION for Extension of Time to File Answer regarding #1 Complaint by Federal Insurance Company, Fidelity and Deposit Company of Maryland, Liberty Mutual Insurance Company, Travelers Casualty and Surety Company of America. (Attachments: #1 Text of Proposed Order) (Herndon, Robert)
February 7, 2014 Filing 23 NOTICE of Appearance by Robert Jason Herndon on behalf of Federal Insurance Company, Fidelity and Deposit Company of Maryland, Liberty Mutual Insurance Company, Travelers Casualty and Surety Company of America (Herndon, Robert)
February 7, 2014 MOTION REFERRED to Julie A. Richards, Clerk of Court: #24 Motion for Extension of Time to File Answer regarding #1 Complaint. (Sawyer, D.)
February 3, 2014 Filing 22 ACKNOWLEDGEMENT OF SERVICE Executed as to #18 Acknowledgment of Service, #12 Amended Document, Amended Acknowledgement filed by Hartford Casualty Insurance Company. (Hornthal, L.)
January 31, 2014 Filing 21 ACKNOWLEDGEMENT OF SERVICE Executed as to #12 Amended Document, Acknowledgement filed by Hartford Casualty Insurance Company. (Hornthal, L.)
January 31, 2014 Filing 20 NOTICE of Appearance by L. Phillip Hornthal, III on behalf of Hartford Casualty Insurance Company (Hornthal, L.)
January 24, 2014 Filing 19 NOTICE of Appearance for non-district by David R. Cook, Jr on behalf of Ace Electric, Inc. (Cook, David)
January 22, 2014 Filing 18 WAIVER/ACKNOWLEDGEMENT OF SERVICE Executed as to #12 Amended Document filed by Ace Electric, Inc. (Hornthal, L.)
January 21, 2014 Filing 17 FINANCIAL DISCLOSURE STATEMENT by Ace Electric, Inc.. (Hornthal, L.)
January 21, 2014 Filing 16 NOTICE of Appearance for non-district by L. Phillip Hornthal, III on behalf of Ace Electric, Inc. (Attachments: #1 Exhibit Electronic Filing Attorney Registration Form) (Hornthal, L.)
January 21, 2014 Filing 15 NOTICE of Appearance by L. Phillip Hornthal, III on behalf of Ace Electric, Inc. (Hornthal, L.)
January 15, 2014 Filing 14 SUMMONS ISSUED as to Ace Electric, Inc., Federal Insurance Company, Fidelity and Deposit Company of Maryland, Hartford Casualty Insurance Company, Liberty Mutual Insurance Company, and Travelers Casualty and Surety Company of America. Counsel should print summonses and effect service. (Sawyer, D.)
January 14, 2014 Filing 13 NOTICE of Appearance by Renner Jo St. John on behalf of Strategic Energy Services, LLC (St. John, Renner)
January 13, 2014 Filing 12 AMENDED DOCUMENT by Strategic Energy Services, LLC, United States of America for the use of Strategic Energy Services, LLC. Amendment to #1 Complaint Executed and Including Summons. (Attachments: #1 Proposed Summons Ace Summons, #2 Proposed Summons Federal Summons, #3 Proposed Summons Fidelity Summons, #4 Proposed Summons Hartford Summons, #5 Proposed Summons Liberty Summons, #6 Proposed Summons Travelers Summons) (St. John, Renner)
January 13, 2014 Filing 11 AMENDED DOCUMENT by Strategic Energy Services, LLC. Amendment to #10 Amended Document, #9 Financial Disclosure Statement Flattened. (St. John, Renner)
January 13, 2014 Filing 10 AMENDED DOCUMENT by Strategic Energy Services, LLC. Amendment to #9 Financial Disclosure Statement Executed. (St. John, Renner)
January 13, 2014 Filing 9 FINANCIAL DISCLOSURE STATEMENT by Strategic Energy Services, LLC. (St. John, Renner)
January 13, 2014 Filing 8 NOTICE by United States of America for the use of Strategic Energy Services, LLC regarding #1 Complaint Summons - Federal Insurance Company (St. John, Renner)
January 13, 2014 Filing 7 NOTICE by United States of America for the use of Strategic Energy Services, LLC regarding #1 Complaint Summons- Liberty Mutual Insurance Company (St. John, Renner)
January 13, 2014 Filing 6 NOTICE by United States of America for the use of Strategic Energy Services, LLC regarding #1 Complaint Summons - Fidelity and Deposit Company of Maryland (St. John, Renner)
January 13, 2014 Filing 5 NOTICE by United States of America for the use of Strategic Energy Services, LLC regarding #1 Complaint Summons - Travelers Casualty and Surety Company of America (St. John, Renner)
January 13, 2014 Filing 4 NOTICE by United States of America for the use of Strategic Energy Services, LLC regarding #1 Complaint Summons - Hartford Casualty Insurance Company (St. John, Renner)
January 13, 2014 Filing 3 NOTICE by United States of America for the use of Strategic Energy Services, LLC regarding #1 Complaint Summons - Ace Electric, Inc. (St. John, Renner)
January 13, 2014 Filing 2 NOTICE by United States of America for the use of Strategic Energy Services, LLC regarding #1 Complaint Civil Cover Sheet (St. John, Renner)
January 13, 2014 Filing 1 COMPLAINT for Miller Act Claim, Bond Claim, and Breach of Contract against All Defendants, filed by United States of America for the use of Strategic Energy Services, LLC. (St. John, Renner)
January 13, 2014 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.)
January 13, 2014 Filing fee: $400.00, receipt number RAL035853. (Moore, L.)

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Plaintiff: United States of America for the use of Strategic Energy Services, LLC
Represented By: Erik M. Rosenwood
Represented By: Renner Jo St. John
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Plaintiff: Strategic Energy Services, LLC
Represented By: Erik M. Rosenwood
Represented By: William A. Scott
Represented By: Renner Jo St. John
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Defendant: Ace Electric, Inc.
Represented By: L. Phillip Hornthal, III
Represented By: Mark V. Hanrahan
Represented By: David R. Cook, Jr.
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Defendant: Hartford Casualty Insurance Company
Represented By: Mark V. Hanrahan
Represented By: L. Phillip Hornthal, III
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Defendant: Travelers Casualty and Surety Company of America
Represented By: Robert Jason Herndon
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Defendant: Fidelity and Deposit Company of Maryland
Represented By: Robert Jason Herndon
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Defendant: Liberty Mutual Insurance Company
Represented By: Robert Jason Herndon
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Defendant: Federal Insurance Company
Represented By: Robert Jason Herndon
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