Hercules Steel Company, Inc. v. Liberty Mutual Insurance
| Hercules Steel Company, Inc. |
| Liberty Mutual Insurance |
| 5:2019cv00114 |
| March 19, 2019 |
| US District Court for the Eastern District of North Carolina |
| Malcolm J Howard |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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Filing 13
ORDER granting #12 Motion to Stay. ORDERED, that the Motion shall be and it is hereby GRANTED; AND IT IS FURTHER ORDERED, that the stay of the proceeding shall commence as of the date of this Order and remain in effect for a period of one hundred eighty (180) days, at which time the parties will provide the Court with a substantive update and request either the continuance or termination of the stay. Signed by Senior Judge Malcolm J. Howard on 5/23/2019. (Rudd, D.)
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| Filing 12 Consent MOTION to Stay Proceeding Pending Arbitration filed by Hercules Steel Company, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order to Stay Proceeding Pending Arbitration) (Finegan, Daniel) |
| Motion Submitted to Senior Judge Malcolm J. Howard regarding #12 Consent MOTION to Stay Proceeding Pending Arbitration. (Rudd, D.) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to Answer Liberty Mutual Insurance answer due 5/16/2019. Signed by Magistrate Judge Kimberly A. Swank on 5/3/2019. (Rudd, D.)
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| Motion Referred to US Magistrate Judge Kimberly A. Swank regarding #10 MOTION for Extension of Time to File Answer. (Rudd, D.) |
| Filing 10 MOTION for Extension of Time to File Answer filed by Liberty Mutual Insurance. (Attachments: #1 Text of Proposed Order) (Wilkerson, Jay) |
| Filing 9 Notice of Appearance filed by Daniel James Finegan on behalf of Hercules Steel Company, Inc.. (Finegan, Daniel) |
| Filing 8 Summons Issued as to Liberty Mutual Insurance. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
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Filing 7
Order Redesignating Division - At the direction of the Court, and for the continued efficient administration of justice, the above-captioned case is redesignated as a Western Division case. The Honorable Malcolm J.Howard, Senior United States District Judge, will remain the presiding judge. All future documents shall reflect the new case number of 5:19-CV-114-H. No further filing shall be made in 4:19-CV-41-H. Signed by Peter A. Moore, Jr., Clerk of Court on 3/20/2019. (Rudd, D.)
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| Filing 6 Notice filed by Hercules Steel Company, Inc. Proposed Summons as to Liberty Mutual Insurance. (Finegan, Daniel) |
| Filing 5 Notice filed by Hercules Steel Company, Inc. Waiver of Service as to Liberty Mutual Insurance. (Finegan, Daniel) |
| Filing 4 Notice of Appearance filed by Daniel James Finegan on behalf of Hercules Steel Company, Inc.. (Finegan, Daniel) |
| Filing 3 Notice filed by Hercules Steel Company, Inc. . (Finegan, Daniel) |
| Notice to Counsel - This case should have been filed in the Western division. The Clerk will enter a reassignment order correcting the error. (Rudd, D.) |
| Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #1 Complaint - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.) |
| Notice to Counsel - No Summons provided for issuance or Waiver of Service filed. (Rudd, D.) |
| 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.) |
| Notice to Counsel - Counsel did not properly describe exhibits pursuant to Section V.E of the CM/ECF Policies and Procedures Manual. (i.e. "Exhibit" is not a sufficient description). Additionally, when filing a document with more than five documents, the first attachment must be an index of all the subsequent attached documents. No further action is needed. (Rudd, D.) |
| Case transferred in from Eastern Division on 3/20/2019. Case Number 4:19-cv-41. (Rudd, D.) |
| Notice to Counsel regarding: #3 Civil Cover Sheet, #4 Notice of Appearance, #5 Notice of a Lawsuit, #6 Proposed Summons - Counsel is reminded that the court prefers flattened pdf fillable forms. Counsel should "flatten" the Civil Cover Sheet, Notice of Appearance, Notice of a Lawsuit and Proposed Summons prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action needed. (Rudd, D.) |
| Filing 2 Financial Disclosure Statement by Hercules Steel Company, Inc. identifying Corporate Parent Hercules Steel Company, Inc. for Hercules Steel Company, Inc.. (Finegan, Daniel) |
| Filing 1 COMPLAINT against Liberty Mutual Insurance ( Filing fee $ 400 receipt number 0417-4873614.), filed by Hercules Steel Company, Inc.. (Attachments: #1 Exhibit A- Metcon Subcontract Agreement, #2 Exhibit B- Performance Bond, #3 Exhibit C- Summary of Charges) (Finegan, Daniel) Modified on 3/20/2019 to describe exhibits. (Rudd, D.) |
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| Plaintiff: Hercules Steel Company, Inc. | |
| Represented By: | Daniel James Finegan |
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| Defendant: Liberty Mutual Insurance | |
| Represented By: | Jay M. Wilkerson |
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