C.J. Mahan Construction Company LLC v. Lambert Engineering and Construction Services, Inc. et al
Plaintiff: The United States of America for the use and benefit of C.J. Mahan Construction Company LLC, C.J. Mahan Construction Company, LLC and C.J. Mahan Construction Company LLC
Defendant: Lambert Engineering and Construction Services, Inc. and Fidelity and Deposit Company of Maryland
Case Number: 7:2020cv00233
Filed: November 25, 2020
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Richard E Myers
Nature of Suit: Miller Act
Cause of Action: 40 U.S.C. ยง 270
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2021 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time to File Response to #1 Complaint. Defendant Lambert Engineering and Construction Services, Inc. shall have up to and including February 22, 2021 to respond to Plaintiff's complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 1/20/2021. (Waddell, K.)
January 20, 2021 Filing 17 Second MOTION for Extension of Time to File Response as to #2 Complaint, filed by Lambert Engineering and Construction Services, Inc. (Attachments: #1 Text of Proposed Order) (Wyatt, Timothy)
January 20, 2021 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #17 Second MOTION for Extension of Time to File Response as to #2 Complaint. (Waddell, K.)
January 19, 2021 Opinion or Order Filing 16 ORDER granting #15 Motion for Extension of Time to File Answer or Responsive Pleading. Defendant Fidelity and Deposit Company of Maryland shall have up to and including February 22, 2021 to file an answer and/or other response to the Plaintiff's Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 1/19/2021. (Waddell, K.)
January 19, 2021 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #15 Second MOTION for Extension of Time to File Answer regarding #2 Complaint. (Waddell, K.)
January 16, 2021 Filing 15 Second MOTION for Extension of Time to File Answer regarding #2 Complaint,, filed by Fidelity and Deposit Company of Maryland. (Attachments: #1 Text of Proposed Order Granting Motion) (Lee, Melissa)
December 22, 2020 Opinion or Order Filing 14 ORDER granting #12 Motion for Extension of Time. Defendant Lambert Engineering and Construction Services, Inc. shall have up to and including 22 January 2021 to respond to Plaintiff's complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 12/22/2020. (Waddell, K.)
December 22, 2020 Filing 13 Affidavit of Service of Summon, Complaint, and Other Initiating Documents filed by C.J. Mahan Construction Company LLC, C.J. Mahan Construction Company, LLC. (Atkins, Andrew)
December 22, 2020 Filing 12 MOTION for Extension of Time to File Answer regarding #2 Complaint,, filed by Lambert Engineering and Construction Services, Inc.. (Attachments: #1 Text of Proposed Order) (Wyatt, Timothy)
December 22, 2020 Filing 11 Financial Disclosure Statement by Lambert Engineering and Construction Services, Inc. (Wyatt, Timothy)
December 22, 2020 Filing 10 Notice of Appearance filed by Timothy R. Wyatt on behalf of Lambert Engineering and Construction Services, Inc.. (Wyatt, Timothy)
December 22, 2020 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #12 MOTION for Extension of Time to File Answer regarding #2 Complaint. (Waddell, K.)
December 22, 2020 DISREGARD - ENTRY MADE IN ERROR - SEE #7 SECOND NOTICE OF DEFICIENCY regarding #6 Notice of Special Appearance. All counsel appearing on behalf of a party should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). Jeffrey S. Price is listed as local-counsel, but has not yet filed a notice of appearance. Counsel is directed to file a notice of appearance. (Waddell, K.)
December 21, 2020 Opinion or Order Filing 9 ORDER granting #5 Motion for Extension of Time. It is hereby ORDERED that Defendant Fidelity and Deposit Company of Maryland shall have up to and including January 18, 2021 to file an answer or other response to Plaintiff's Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 12/21/2020. (Waddell, K.)
December 18, 2020 Filing 8 Financial Disclosure Statement by Fidelity and Deposit Company of Maryland identifying Corporate Parent Zurich Financial Services for Fidelity and Deposit Company of Maryland. (Lee, Melissa)
December 18, 2020 Filing 7 Notice of Appearance filed by Jeffrey S. Price on behalf of Fidelity and Deposit Company of Maryland. (Price, Jeffrey)
December 18, 2020 Motion Referred to US Magistrate Judge Peter A. Moore, Jr., Clerk of Court regarding #5 MOTION for Extension of Time to File Answer regarding #2 Complaint. (Waddell, K.)
December 18, 2020 NOTICE OF DEFICIENCY regarding #6 Notice of Special Appearance. All counsel appearing on behalf of a party should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). Jeffrey S. Price is listed as local-counsel, but has not yet filed a notice of appearance. Counsel is directed to file a notice of appearance. (Waddell, K.)
December 18, 2020 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Fidelity and Deposit Company of Maryland. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Waddell, K.)
December 17, 2020 Filing 6 Notice of Special Appearance for non-district by Melissa J. Lee on behalf of Fidelity and Deposit Company of Maryland. (Lee, Melissa)
December 17, 2020 Filing 5 MOTION for Extension of Time to File Answer regarding #2 Complaint,, filed by Fidelity and Deposit Company of Maryland. (Attachments: #1 Exhibit Proposed Order) (Price, Jeffrey)
November 30, 2020 Filing 4 Summons Issued as to Lambert Engineering and Construction Services, Inc. and Fidelity and Deposit Company of Maryland. *NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Waddell, K.)
November 30, 2020 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. (Waddell, K.)
November 25, 2020 Filing 3 Financial Disclosure Statement by C.J. Mahan Construction Company, LLC identifying Corporate Parent Westpatrick Corp. for C.J. Mahan Construction Company, LLC. (Atkins, Andrew)
November 25, 2020 Filing 2 COMPLAINT against Fidelity and Deposit Company of Maryland, Lambert Engineering and Construction Services, Inc. ( Filing fee $ 400 receipt number 0417-5746531.), filed by The United States of America for the use and benefit of C.J. Mahan Construction Company LLC, C.J. Mahan Construction Company, LLC. (Attachments: #1 Exhibit Exhibit A - Subcontract, #2 Civil Cover Sheet, #3 Proposed Summons to Lambert Engineering and Construction Services, Inc., #4 Proposed Summons to Fidelity and Deposit Company of Maryland) (Atkins, Andrew)
November 25, 2020 Filing 1 Notice of Appearance filed by Andrew Perry Atkins on behalf of C.J. Mahan Construction Company, LLC, The United States of America for the use and benefit of C.J. Mahan Construction Company LLC. (Atkins, Andrew)

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Defendant: Lambert Engineering and Construction Services, Inc.
Represented By: Timothy R. Wyatt
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Defendant: Fidelity and Deposit Company of Maryland
Represented By: Melissa J. Lee
Represented By: Jeffrey S. Price
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Plaintiff: The United States of America for the use and benefit of C.J. Mahan Construction Company LLC
Represented By: Andrew Perry Atkins
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Plaintiff: C.J. Mahan Construction Company, LLC
Represented By: Andrew Perry Atkins
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Plaintiff: C.J. Mahan Construction Company LLC
Represented By: Andrew Perry Atkins
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