Caddell Yates Joint Venture v. Western Surety Company
| Caddell Yates Joint Venture |
| Western Surety Company |
| Caddell Construction Company, Inc. and W.G. Yates & Sons Construction Company |
| 7:2021cv00156 |
| September 15, 2021 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where plaintiff has filed motion to dismiss, motion to compel arbitration and motion to consolidate cases, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motions filed 10/12/21 and 10/29/21. Signed by District Judge Louise Wood Flanagan on 11/8/2021. (Collins, S.)
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| Filing 25 RESPONSE regarding #20 MOTION to Consolidate Cases filed by Western Surety Company. (Jarrett, C.) |
| Filing 24 Declaration regarding #22 MOTION to Dismiss and Compel Arbitration by Caddell Construction Company, Inc., Caddell Yates Joint Venture, W.G. Yates & Sons Construction Company (O'Brien, D.) |
| Filing 23 Memorandum in Support regarding #22 MOTION to Dismiss and Compel Arbitration filed by Caddell Construction Company, Inc., Caddell Yates Joint Venture, W.G. Yates & Sons Construction Company. (O'Brien, D.) |
| Filing 22 MOTION to Dismiss and Compel Arbitration filed by Caddell Construction Company, Inc., Caddell Yates Joint Venture, W.G. Yates & Sons Construction Company. (O'Brien, 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. (Collins, S.) |
| Filing 21 Memorandum in Support regarding #20 MOTION to Consolidate Cases filed by Caddell Construction Company, Inc., Caddell Yates Joint Venture, W.G. Yates & Sons Construction Company. (O'Brien, D.) |
| Filing 20 MOTION to Consolidate Cases filed by Caddell Construction Company, Inc., Caddell Yates Joint Venture, W.G. Yates & Sons Construction Company. (O'Brien, D.) |
| Notice to Counsel regarding: #18 Notice of Appearance. The attorney information in the signature block does not match the information the court has in its CM/ECF database. Counsel is directed to update contact information in CM/ECF by choosing "Utilities" and selecting "Maintain Your Account." Contact the clerk's office if additional assistance is required. (Collins, S.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #19 MOTION for Extension of Time to Respond to Counterclaim. (Collins, S.) |
| TEXT ORDER granting Counterclaim Defendants' Unopposed Motion for Extension of Time #19 . For good cause shown, it is ordered that Counterclaim Defendants have up to and including October 29, 2021, within which to respond to the Counterclaim #7 . Signed by Peter A. Moore, Jr., Clerk of Court on 10/7/2021. (Hockaday, A.) |
| Filing 19 MOTION for Extension of Time to Respond to #7 Counterclaim filed by Caddell Construction Company, Inc., Caddell Yates Joint Venture, W.G. Yates & Sons Construction Company. (Attachments: #1 Text of Proposed Order) (O'Brien, D.) Modified on 10/7/2021 to link to counterclaim and revise docket text. (Collins, S.) |
| Filing 18 Notice of Appearance filed by Kearns Davis on behalf of Caddell Construction Company, Inc., Caddell Yates Joint Venture, W.G. Yates & Sons Construction Company. (Davis, Kearns) |
| Filing 17 Financial Disclosure Statement by W.G. Yates & Sons Construction Company identifying Corporate Parent The Yates Companies, Inc. for W.G. Yates & Sons Construction Company. (O'Brien, D.) |
| Filing 16 Financial Disclosure Statement by Caddell Construction Company, Inc. (O'Brien, D.) |
| Filing 15 Financial Disclosure Statement by Caddell Yates Joint Venture (O'Brien, D.) |
| Filing 14 Notice of Appearance filed by D. J. O'Brien, III on behalf of Caddell Construction Company, Inc., Caddell Yates Joint Venture, W.G. Yates & Sons Construction Company. (O'Brien, D.) |
| Notice to Counsel. Counsel is reminded that pursuant to Local Civil Rule 5.3(c)(2) if, at the time of removal, a motion is pending for which no supporting memorandum of law has been submitted to the state court, the movant on that motion shall file a supporting memorandum within 14 days of the date ofremoval, unless the motion is of a type covered by Local Civil Rule 77.2 or unless otherwise ordered by the court. The Local Civil Rule 7.1(f) deadline for a response to the motion runs from the date of the movant's filing of a supporting memorandum in this court. (Collins, S.) |
| Filing 13 Affidavit of Service for Summons, Answer, Affirmative Defenses and Counterclaim filed by Western Surety Company served on Caddell Yates Joint Venture, Caddell Construction Company, W.G. Yates & Sons Construction Company on 9/15/2021, 9/20/2021, 9/17/2021. (Jarrett, C.) |
| Filing 12 Notice filed by Western Surety Company regarding #1 Notice of Removal, Notice of Filing of Removal filed in Onslow County Superior Court. (Jarrett, C.) |
| Filing 11 Notice of Related Case filed by Caddell Yates Joint Venture . (O'Brien, D.) |
| Filing 10 Summons Issued as to Caddell Construction Company, Inc., W.G. Yates & Sons Construction Company. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
| Filing 9 Notice regarding #1 Notice of Removal requirement to make a Notice of Appearance sent to Plaintiff's Counsel, Eugene F. Rash of Smith, Currie & Hancock LLP at 5701 Westpark Drive, Suite 204, Charlotte, NC 28217 mailed via US Mail on September 16, 2021. (Rudd, D.) |
| Filing 8 Notice filed by Western Surety Company regarding #7 Answer to Complaint (Notice of Removal),,,,,,,,,, Counterclaim,,,,,,,,, Proposed Summons CADDELL CONSTRUCTION COMPANY, INC. (Attachments: #1 Proposed Summons W.G. YATES & SONS) (Jarrett, C.) |
| Filing 7 WESTERN SURETY COMPANY'S ANSWER to Complaint and AFFIRMATIVE DEFENSES,, COUNTERCLAIM against Caddell Yates Joint Venture, Caddell Construction Company, Inc., W.G. Yates & Sons Construction Company by Western Surety Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Original Synopsis for NAVFAC Mid-Atlantic Solicitation, #3 Exhibit 2 - Pompano Masonry base bid to Caddell Yates, #4 Exhibit 3 - February 9, 2009 Bondability Letter, #5 Exhibit 4 - February 24, 2009, cover letter transmitting the draft masonry subcontract to Pompano Masonry, #6 Exhibit 5 - February 24, 2009, email from Joseph Canitano informing Cleet McHenry, #7 Exhibit 6 - February 27, 2009, Clint Bledsoe email to Rickey Howard, #8 Exhibit 7 - Fully Executed Pompano Masonry Subcontract, #9 Exhibit 8 - Payment and Performance Bonds Issued Pompano, #10 Exhibit 9 - May 17, 2009 Bledsoe email to Howard re draw request, #11 Exhibit 10 - May 25, 2009 Extra Work Request, #12 Exhibit 11 - June 25, 2009 Breslow Articles of Organization, #13 Exhibit 12 - June 25, 2009, transmittal email and Pompano Masonry's Application for Payment, Draw No. 1, #14 Exhibit 13 - July 17, 2009, transmittal email and Pompano Masonry's Application for Payment, Draw No. 2, #15 Exhibit 14 - July 17, 2009 Canitano email re Valdini, #16 Exhibit 15 - July 17, 2009 McGraw email to Canitano, #17 Exhibit 16 - July 21, 2009 Valdini letter, #18 Exhibit 17 - July 23, 2009 Canitano email to Bledsoe re copy of schedule, #19 Exhibit 18 - July 23, 2009 Bledsoe email to Howard attaching signed Pompano contract, #20 Exhibit 19 - July 24, 2009 email exchange between Bledsoe and Canitano re signing Breslow Contract, #21 Exhibit 20 - August 14, 2009 Caddell Yates transmittal of fully executed Breslow contract, #22 Exhibit 21 - Breslow Payment and Performance Bonds with indemnity agreement documents, #23 Exhibit 22 - September 14, 2009 Stokes email - Breslow and Pompano the same, #24 Exhibit 23 - March 22, 2010 Breslow and Pompano corporate email listings, #25 Exhibit 24 - June 11, 2010 EEOC Notification, #26 Exhibit 25 - March 26, 2010, ISR, #27 Exhibit 26 - ISRs submitted from April 2010 to October 2013, #28 Exhibit 27 - April 2014 ISR Report) (Jarrett, C.) |
| Filing 6 Financial Disclosure Statement by Western Surety Company (Jarrett, C.) |
| Filing 5 Notice of Appearance filed by C. Hamilton (Hank) Jarrett, III on behalf of Western Surety Company. (Jarrett, C.) |
| Filing 4 Notice of Appearance filed by Kelli E Goss on behalf of Western Surety Company. (Goss, Kelli) |
| Filing 3 Notice filed by Western Surety Company regarding #2 Notice - other Supplemental Removal Cover Sheet. (Jarrett, C.) |
| Filing 2 Notice filed by Western Surety Company Civil Cover Sheet. (Jarrett, C.) |
| Filing 1 NOTICE OF REMOVAL by Western Surety Company from Superior Court Onslow County, case number 21-CVS-2912. ( Filing fee $ 402 receipt number 0417-6231934), filed by Western Surety Company. (Attachments: #1 Exhibit 1 - Summons to Western Surety, #2 Exhibit 2 - Complaint) (Jarrett, C.) |
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