PIONEER MECHANICAL SERVICES, LLC v. HGC CONSTRUCTION, CO.
| PIONEER MECHANICAL SERVICES, LLC |
| ENDURANCE ASSURANCE CORPORATION |
| HGC CONSTRUCTION, CO. |
| 1:2018cv00890 |
| December 19, 2018 |
| US District Court for the Southern District of Ohio |
| William O Bertelsman |
| Karen L Litkovitz |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 55
ORDER - IT IS ORDERED that the following schedule shall govern the course of this litigation: 1. Amendment of the complaint, addition of parties, claims, factual allegations 03/15/19; 2. Dates to exchange lists of expert witnessesand furnish copies of expert reports Primary:06/28/19 Rebuttal: 07/26/19; 3. Discovery Cutoff:09/02/19; 4. Settlement Procedures A. Plaintiff to make demand three weeks before the settlement conference. B. Defendant to respond to demand two weeks before the settlement conference. C. Each counsel must prepare and submit a letter to the Court with the status of any settlement negotiations to date. These letters need not be filed with the Clerks Office nor exchanged with opposing counsel. Letters to be submitted one week before the settlement conference. D. Settlement Conference at: TBD Attorneys attending settlement conference must bring the party or a principal with full settlement authority. By full settlement authority, the Court means the person or persons attending must have authority independently to make necessary financial and settlement decisions. Failure to follow this requirement will result in sanctions.; 5. Last date to file dispositive motions not directed to the pleadings. (e.g. summary judgment motions): 10/04/19 Deadlines for responsive and reply memoranda shall be determined pursuant to S.D. Ohio L. R. 7.2.; 6. Final Pretrial Conference TBD; 7. Trial TBD; 8. IT IS FURTHER ORDERED that this case be, and is hereby, REFERRED to the Honorable Karen L. Litkovitz, United States Magistrate Judge, to supervise discovery and pretrial proceedings. Signed by Judge William O. Bertelsman on 02/14/2019. (bjc)
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If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh)
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Filing 54
RULE 26(f) REPORT by Counter Claimant ENDURANCE ASSURANCE CORPORATION, ThirdParty Defendant ENDURANCE ASSURANCE CORPORATION. (Reynolds, Diane)
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Filing 53
ANSWER to #29 Amended Answer and Counterclaim filed by HGC CONSTRUCTION, CO. (Strohm, John) Modified on 2/5/2019 (jlw). Modified on 2/6/2019 (eh).
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Filing 52
NOTICE of Appearance by John Alexander Sudbr Strohm for Counter Claimant HGC CONSTRUCTION, CO., ThirdParty Plaintiff HGC CONSTRUCTION, CO., Defendant HGC CONSTRUCTION, CO., Counter Defendant HGC CONSTRUCTION, CO. (Strohm, John)
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Filing 51
ORDER - IT IS ORDERED, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, that the parties confer no later than February 4, 2019 to consider the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by Rule 26(a)(1), and to develop a proposed discovery plan. Such proposed schedule shall be filed no later than February 11, 2019. Signed by Judge William O. Bertelsman on 01/25/2019. (bjc)
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Filing 50
NOTICE of Appearance by John Sidney Higgins, Jr for Counter Claimant HGC CONSTRUCTION, CO., ThirdParty Plaintiff HGC CONSTRUCTION, CO., Defendant HGC CONSTRUCTION, CO., Counter Defendant HGC CONSTRUCTION, CO. (Higgins, John)
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Filing 49
NOTICE of Appearance by Diane Devitt Reynolds for Counter Claimant ENDURANCE ASSURANCE CORPORATION, ThirdParty Defendant ENDURANCE ASSURANCE CORPORATION (Reynolds, Diane)
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Filing 48
Case transferred in from District of Pennsylvania Western; Case Number 2:18-cv-00507. Original file with documents numbered 1 - 47, electronic copy of transfer order and docket sheet received.
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Judge William O. Bertelsman added. (er)
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Filing 47
ORDER. It is HEREBY ORDERED that, for the reasons set forth in the Court's #46 Opinion of this date, pursuant to 28 U.S.C. 1404(a), this action shall be transferred forthwith to the United States District Court for the Southern District of Ohio. Signed by Chief Judge Mark R. Hornak on 12/12/18. (bdb) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 46
OPINION. Signed by Chief Judge Mark R. Hornak on 12/12/18. (bdb) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 45
ORDER GRANTING AS MODIFIED BY THE COURT #44 Motion to Withdraw as Attorney filed by PIONEER MECHANICAL SERVICES, LLC. Counsel for the Plaintiff shall be permitted to withdraw only upon, and effective with, the entry of appearance by substitute counsel who are members of the Bar of this Court. Until that occurs, said counsel shall remain on the case. Signed by Judge Mark R. Hornak on 12/6/18. (bdb) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 44
MOTION to Withdraw as Attorney by PIONEER MECHANICAL SERVICES, LLC. (Chiurazzi, Wayne) [Transferred from Pennsylvania Western on 12/19/2018.]
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #44 Motion to Withdraw as Attorney. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney Chiurazzi advised that in future proposed orders are to be made separate PDF documents and filed as an attachment to the main document. This message is for informational purposes only. (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 43
ORDER CANCELLING CONFERENCE. The Telephonic Post-Discovery Status Conference set for 12/6/18 at 1:30 PM is hereby CANCELLED. Signed by Judge Mark R. Hornak on 11/30/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 12/19/2018.]
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #42 Reply Brief. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 42
REPLY BRIEF in Support re #31 Motion to Transfer Venue filed by HGC CONSTRUCTION, CO. (Attachments: #1 Exhibit A, HGC's Initial Disclosures, #2 Exhibit B, Endurance Assurance's Initial Disclosures) (Eaton, Kara) Modified on 9/18/2018 document linkage corrected. Document linked to document #31 . (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 41
ORDER GRANTING #40 Motion for Leave to File Reply Brief. Signed by Judge Mark R. Hornak on 9/17/18. (jad) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 40
MOTION for Leave to File Reply Brief by HGC CONSTRUCTION, CO. (Attachments: #1 Proposed Order, #2 Exhibit A, Reply Brief, #3 Exhibit A, HGC's Initial Disclosures, #4 Exhibit B, Endurance Assurance's Initial Disclosures) (Eaton, Kara) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 39
BRIEF in Opposition re #31 Motion to Transfer Case filed by ENDURANCE ASSURANCE CORPORATION. (Levin, Scott) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 38
ORDER deferring ruling on #31 Motion to Transfer Case, and Ordering a Responsive Brief be Filed. The Defendant has moved to transfer this case to the U.S. District Court for the Southern District of Ohio, based on a venue selection clause in the relevant contract. The Plaintiff has consented to such transfer on the record. Endurance Assurance Corporation has filed a statement of position that states that it does not oppose the transfer of this action, except as to the transfer of the third-party claims. As the Court advised counsel for Endurance on the record, this is but a single civil action, and the transfer decision will be made as to this action as a whole, based on the record now available to the Court. The Court will therefore treat the filing of this date by Endurance as a notice that it opposes the transfer of this action. Endurance shall file a brief in opposition to transfer in whole or in part, including citation to any relevant authority that it relies on for the proposition that the Court is empowered to transfer only a part of this civil action, and shall file same on or before September 7, 2018. Signed by Judge Mark R. Hornak on 08/31/2018. Text-only entry; no PDF document shall issue. This text-only entry constitutes the Court's Order or notice on the matter. (Hornak, Mark) Modified on 9/5/2018 to add text-only info. (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 37
RESPONSE IN OPPOSITION to #31 Motion to Transfer Case, filed by ENDURANCE ASSURANCE CORPORATION. (Levin, Scott) Modified on 9/5/2018 to edit docket text. (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 36
NOTICE by PIONEER MECHANICAL SERVICES, LLC (Bryan, John) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 35
AMENDED ORDER. Counsel for Plaintiff will file a statement as to whether it opposes Defendant HGC Construction Co.'s #31 Motion to Transfer on or before 8/29/18. Counsel for Third Party Defendant Endurance Assurance will file a statement as to whether it opposes the Motion not later than 10:00 AM on 8/31/18. All other pleading obligations will be held in abeyance pending disposition of the Motion. It is further ORDERED that the deadlines previously set forth at ECF No. 34 are hereby VACATED. Signed by Judge Mark R. Hornak on 8/28/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 34
ORDER. Counsel for Plaintiff will file a statement as to whether it opposes Defendant HGC Construction Co.'s #31 Motion to Transfer on or before 9/3/18. Counsel for Third Party Defendant Endurance Assurance will file a statement as to whether it opposes the Motion not later than 10:00 AM on 9/5/18. All other pleading obligations will be held in abeyance pending disposition of the Motion. Signed by Judge Mark R. Hornak on 8/28/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 33
Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 8/27/18. (Court Reporter: Karen Earley) (jad) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 32
BRIEF in Support re #31 Motion to Transfer Case filed by HGC CONSTRUCTION, CO. (Attachments: #1 Exhibit A, #2 Exhibit B) (Eaton, Kara) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 31
MOTION to Transfer Case by HGC CONSTRUCTION, CO. (Attachments: #1 Proposed Order) (Eaton, Kara) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 30
ORDER RESCHEDULING CONFERENCE. The Telephonic Status Conference set for 8/27/18 at 11:45 AM is hereby RESCHEDULED for 8/27/18 at 4:15 PM before Judge Mark R. Hornak. Please refer to #7 IMPORTANT NOTICE REGARDING TELEPHONE PROCEEDINGS and use Dial-in No. 1 for this conference. Signed by Judge Mark R. Hornak on 8/23/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 29
Amended ANSWER to #8 Third Party Complaint and COUNTERCLAIM against HGC CONSTRUCTION, CO., by ENDURANCE ASSURANCE CORPORATION. (Levin, Scott) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 28
ANSWER to #16 Counterclaim of Endurance Assurance Corporation, by HGC CONSTRUCTION, CO. (Eaton, Kara) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 27
ORDER. Prior to the August 27, 2018, Telephonic Status Conference, counsel for Defendant HGC Construction shall determine whether Defendant seeks to transfer venue pursuant to the subcontract agreement's forum selection clause. If it does seek transfer, counsel shall promptly file Notice on the docket to that affect. Counsel for HGC shall also determine what individual within HGC is authorized to approve the final close out of construction contract claims. All of the Court's Orders of this date are without prejudice to the position of any party. Signed by Judge Mark R. Hornak on 7/20/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (alb) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 26
Order Implementing Federal Rule of Evidence 502(D). Signed by Judge Mark R. Hornak on 7/19/18. (jad) Modified on 7/23/2018 to correct date order was signed. (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 25
INITIAL CASE MANAGEMENT ORDER. Disclosures pursuant to Fed. R. Civ. Pro. 26(a) shall be made on or before 8/13/18; Joinder of Parties due by 9/13/18; Amended Pleadings due by 9/13/18; Discovery due by 12/1/18; Telephonic Status Conference is SCHEDULED for 8/27/18 at 11:45 AM before Judge Mark R. Hornak; a Telephonic Post-Discovery Status Conference is SCHEDULED for 12/6/18 at 1:30 PM before Judge Mark R. Hornak. Both Telephonic Status Conferences will be conducted telephonically. Please refer to #7 IMPORTANT NOTICE REGARDING TELEPHONE PROCEEDINGS and use Dial-in No. 1 for both conferences. Signed by Judge Mark R. Hornak on 7/19/18. (jad) Modified on 7/23/2018 to correct date order was signed. (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 24
Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Initial Case Management Conference held on 7/19/18. (Court Reporter: Richard Ford) (jad) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 23
ORDER RESCHEDULING CONFERENCE. The Telephonic Initial Case Management Conference set for 7/19/18 at 12:30 PM is hereby RESCHEDULED for 7/19/18 at 1:00 PM before Judge Mark R. Hornak. Please refer to #7 IMPORTANT NOTICE REGARDING TELEPHONE PROCEEDINGS and use Dial-in No. 1 for this conference. Signed by Judge Mark R. Hornak on 7/18/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 22
STIPULATION selecting ADR process by HGC CONSTRUCTION, CO. (Eaton, Kara) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 21
NOTICE of Appearance by Theodore M. Baum on behalf of ENDURANCE ASSURANCE CORPORATION. (Baum, Theodore) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 20
ORDER RESCHEDULING CONFERENCE. The Telephonic Initial Case Management Conference set for 7/19/18 at 11:30 AM is hereby RESCHEDULED for 7/19/18 at 12:30 PM before Judge Mark R. Hornak. Please refer to #7 IMPORTANT NOTICE REGARDING TELEPHONE PROCEEDINGS and use Dial-in No. 1 for this conference. Signed by Judge Mark R. Hornak on 7/17/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 19
REPORT of Rule 26(f) Planning Meeting. (Eaton, Kara) [Transferred from Pennsylvania Western on 12/19/2018.]
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #17 Local Rule 7.1 Certificate. ERROR: Wrong event selected. CORRECTION: Re-docketed as Disclosure Statement. This message is for informational purposes only. (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 18
Disclosure Statement identifying Sompo Holdings, Inc as corporate parent and Sompo International Holdings Ltd. as other affiliate, by ENDURANCE ASSURANCE CORPORATION. "Document previously filed electronically" (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 17
LOCAL RULE 7.1 CERTIFICATE by ENDURANCE ASSURANCE CORPORATION . (Levin, Scott) Modified on 7/10/2018 ERROR: Wrong event selected. Document removed from public view and refiled by Court. (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #16 Answer to Third Party Complaint, Counterclaim. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney Levin advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 7/10/2018. (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 16
ANSWER to #8 Third Party Complaint and COUNTERCLAIM against HGC CONSTRUCTION, CO., by ENDURANCE ASSURANCE CORPORATION. (Levin, Scott) Modified on 7/5/2018. (tt) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 15
WAIVER OF SERVICE Returned Executed by HGC CONSTRUCTION, CO.. ENDURANCE ASSURANCE CORPORATION waiver sent on 5/3/2018, answer due 7/2/2018. (Eaton, Kara) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 14
ORDER SCHEDULING CONFERENCE. The Telephonic Initial Case Management Conference will be held on 7/19/18 at 11:30 AM. The Conference will be conducted via an AT&T dial-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF No. #7 and use Dial-In No. 1. Rule 26(f) Report and stipulation selecting ADR process due on or before 7/12/18. Signed by Judge Mark R. Hornak on 6/7/18. (jad) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 13
Disclosure Statement identifying None as corporate parent or other affiliate, by PIONEER MECHANICAL SERVICES, LLC. (Bryan, John) [Transferred from Pennsylvania Western on 12/19/2018.]
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #12 Answer to Counterclaim. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney Bryan advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 5/18/2018. (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 12
ANSWER to deft HGC's #8 Counterclaim / Third Party Complaint, by PIONEER MECHANICAL SERVICES, LLC. (Bryan, John) Modified on 5/23/2018. (tt) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 11
Summons Issued as to ENDURANCE ASSURANCE CORPORATION (gmp) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 10
PRAECIPE to Issue Summons by HGC CONSTRUCTION, CO. (Attachments: #1 Summons) (Eaton, Kara) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 9
NOTICE of Appearance by John K. Bryan on behalf of PIONEER MECHANICAL SERVICES, LLC. (Bryan, John) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 8
ANSWER to Complaint, THIRD PARTY COMPLAINT against ENDURANCE ASSURANCE CORPORATION and COUNTERCLAIM against PIONEER MECHANICAL SERVICES, LLC by HGC CONSTRUCTION, CO. (Attachments: #1 Summons directed to a Third Party, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P) (Eaton, Kara) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 7
AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jad) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 6
STANDING ORDER ON CIVIL MOTION PRACTICE. Signed by Judge Mark R. Hornak on 4/24/18. (jad) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 5
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jad) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 4
Disclosure Statement identifying None as corporate parent or other affiliate, by HGC CONSTRUCTION, CO. (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 3
NOTICE of Appearance by Kara S. Eaton on behalf of HGC CONSTRUCTION, CO. (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 2
NOTICE of Appearance by Kevin L. Colosimo on behalf of HGC CONSTRUCTION, CO. (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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Filing 1
NOTICE OF REMOVAL from Allegheny County, case number GD 18-4039 Copies attached: State Court Complaint (Filing fee, including Administrative fee, $400, receipt number 0315-4699582), filed by HGC CONSTRUCTION, CO. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A State Court Complaint, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (ksa) [Transferred from Pennsylvania Western on 12/19/2018.]
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