Tomco Metal Fabricating, Inc. v. Turner Construction Company, Inc.
| Tomco Metal Fabricating, Inc. |
| Turner Construction Company, Inc. |
| 1:2021cv02248 |
| November 29, 2021 |
| US District Court for the Northern District of Ohio |
| Donald C Nugent |
| Thomas M Parker |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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| Minutes of Proceedings/Order [non-document]: Case Management Conference held on 1/12/2022. Attorney Jonathan Blakely participated on behalf of plaintiff Tomco Metal Fabricating, Inc. Attorney William Thrush participated on behalf of defendant Turner Construction Company, Inc. The court reviewed with the parties the pleadings and the parties' December 23, 2021 joint position statement (ECF Doc. #9 ). In light of the potentially dispositive nature of the pending motion for judgment on the pleadings (ECF Doc. #11 ), the parties agreed with the court to postpone setting a case management schedule until after briefing has concluded and the court rules on the motion. Accordingly, the court DEFERS establishment of a case management schedule. Should the court deny judgment on the pleadings or determine that the pending motion is not wholly dispositive of the case, it will issue a new case management scheduling order for a new conference. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 1/12/2022. (Court Reporter: N/A. Time: 20 minutes). (D,JJ) |
| Filing 11 Motion for judgment on the pleadings filed by Defendant Turner Construction Company, Inc. (Thrush, William) |
| Filing 10 Answer to Complaint (Related Doc #1 ) filed by Turner Construction Company, Inc. (Attachments: #1 Exhibit A - 2007 Turner Tomco Subcontract, #2 Exhibit B - 2009 Liquidating Agreement, #3 Exhibit C - 2014 Settlement Agreement). (Thrush, William) |
| Filing 9 Joint Position Statement re: Case Management Conference Agenda filed by Turner Construction Company, Inc.. (Thrush, William) |
| Filing 8 Case Management Conference Scheduling Order: Case management conference to be held telephonically on 1/12/2022 at 01:00 PM before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed to the parties separately. Magistrate Judge Thomas M. Parker on 12/14/2021. (Attachments: #1 Attachment A - Position Statement, #2 Attachment B - Preliminary Estimate/Budget). (D,JJ) |
| Filing 7 Consent of the parties to this case being transferred to the docket of Magistrate Judge Thomas M. Parker for further proceedings. Related Document #6 . Judge Donald C. Nugent on 12/13/2021. (M,S) |
| Magistrate Judge Thomas M. Parker assigned to case, pursuant to consent. Judge Donald C. Nugent terminated. Related document(s) #7 . (M,MT) |
| Filing 6 Consent to Exercise of Jurisdiction by a United States Magistrate Judge filed by Turner Construction Company, Inc. Related document(s) #3 . (Thrush, William) |
Order [non-document]granting Defendant's #5 Motion for Extension of Time to Answer. Turner Construction Company, Inc. answer due 1/3/2022. Judge Donald C. Nugent on 12/3/2021. (M,S)
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| Filing 5 Unopposed Motion for extension of time until 01/03/2022 to answer complaint, filed by Defendant Turner Construction Company, Inc. Related document(s) #1 . (Thrush, William) |
| Filing 4 Case Management Conference Scheduling Order with case management conference on 1/28/2022 at 09:45 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. Judge Donald C. Nugent on 12/1/2021. (M,S) |
| Filing 3 Magistrate Consent Form issued. (L,Ja) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent The Turner Corporation, a Delaware corporation for Turner Construction Company, Inc. filed by Turner Construction Company, Inc.. (Thrush, William) |
| Filing 1 Notice of Removal from Court of Common Pleas Cuyahoga County, Ohio, case number CV 21 954660 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11153447.. Filed by Turner Construction Company, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Summons and Complaint, #3 Exhibit B - Declaration of Patrick Blake in Support of Notice of Removal, #4 Exhibit C - Notice of Filing Notice of Removal in Cuyahoga County Court of Common Pleas) (Thrush, William) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (L,Ja) |
| Judge Donald C. Nugent assigned to case. (L,Ja) |
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