Kinetic Systems, Inc. v. Gray Construction, Inc. et al
| Kinetic Systems, Inc. |
| Gray Construction, Inc., St. Paul Fire and Marine Insurance Company, Travelers Casualty and Surety Company and Travelers Casualty and Surety Company Of America |
| 3:2020cv00939 |
| June 10, 2020 |
| US District Court for the District of Oregon |
| Jolie A Russo |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.
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Filing 44
ORDER OF DISMISSAL AS TO TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA: It is Ordered that all of Plaintiff Kinetic Systems, Inc. claims against Defendant Travelers Casualty and Surety Company of America in this matter are Dismissed with prejudice and without an award of attorney fees or costs to Plaintiff or Travelers. Signed on 1/23/23 by Magistrate Judge Jolie A. Russo. (gm)
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| Filing 43 Stipulated Motion for Order of Dismissal of Defendant Travelers Casualty and Surety Company of America with Prejudice . Filed by Travelers Casualty and Surety Company Of America. (Grasberger, Eric) Modified on 1/24/2023 to remove all caps and duplicate docket text language. Terminated Motion deadline per Order #44 (sb). |
| Filing 42 JUDGMENT: It is Adjudged that Defendant Gray Construction, Inc.'s Motion to Confirm Arbitration Award #35 is Granted, and judgment is entered: (1) confirming the Final Amended Award pursuant to 9 U.S.C. 9; (2) awarding Defendant Gray the total sum of $901,708.70, plus post-judgment interest from the date of entry until paid at the interest rate applicable to federal court judgments, pursuant to 9 U.S.C. 13; (3) releasing the T-Plant Lien and T-Plant Lien Bond, and the O-Plant Lien and O-Plant Lien Bond; and (4) awarding Defendant Gray its costs and expenses incurred in these proceedings, including attorney's fees, in accordance with Section 17.4 of the parties' subcontracts. Signed on 12/13/22 by Judge Karin J. Immergut. (gm) |
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Filing 41
ORDER: This Court has reviewed Judge Russo's Findings and Recommendation #39 . No party having filed objections, this Court Adopts the Findings and Recommendation in full. This Court Grants Defendant Gray's Motion to Confirm Arbitration Award #35 and enters judgment: (1) confirming the Final Amended Award pursuant to 9 U.S.C. 9; (2) awarding Defendant Gray the total sum of $901,708.70, plus post-judgment interest from the date of entry until paid at the interest rate applicable to federal court judgments, pursuant to 9 U.S.C. 13; (3) releasing the T-Plant Lien and T-Plant Lien Bond, and the O-Plant Lien and O-Plant Lien Bond; and (4) awarding Defendant Gray its costs and expenses incurred in these proceedings, including attorney's fees, in accordance with Section 17.4 of the parties' subcontracts. Signed on 12/13/22 by Judge Karin J. Immergut. (gm)
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Filing 40
ORDER issued by Magistrate Judge Jolie A. Russo: Findings & Recommendation #39 is referred to Judge Karin J. Immergut for review. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the court. Thereafter, the parties shall have fourteen (14) days within which to file a response to the objections. (gm)
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| Filing 39 Findings & Recommendation: Gray's unopposed Motion to Confirm Arbitration Award #35 should be granted and judgment should be entered: (1) confirming the Final Amended Award pursuant to 9 U.S.C. 9; (2) awarding Gray the total sum of $901,708.70, plus post-judgment interest from the date of entry until paid at the interest rate applicable to federal court judgments, pursuant to 9 U.S.C. 13; (3) releasing the T-Plant Lien and T-Plant Lien Bond, and the O-Plant Lien and O-Plant Lien Bond; and (4) awarding Gray its costs and expenses incurred in these proceedings, including attorneys' fees, in accordance with Section 17.4 of the parties subcontracts Signed on 11/21/22 by Magistrate Judge Jolie A. Russo. (gm) |
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Filing 38
ORDER issued by Magistrate Judge Jolie A. Russo: Setting Defendant Gray Construction, Inc.'s Motion To Confirm Arbitration Award #35 on the under advisement calendar of 12/5/2022. (gm)
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Filing 37
ORDER issued by Magistrate Judge Jolie A. Russo: As Arbitration has concluded, the Stay of this case is Lifted and no further Joint Status Reports will be required. (gm)
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| Filing 36 Declaration of Adam M. Smith In Support of Gray Construction, Inc.'s Motion to Confirm Arbitration Award. Filed by Gray Construction, Inc.. (Related document(s): Motion - Miscellaneous #35 .) (Attachments: #1 Exhibit A - Amended Final Award, #2 Exhibit B - Design Build Subcontract Agreement, #3 Exhibit C - Design Build Subcontract Agreement, #4 Exhibit D - Correspondence, #5 Exhibit E - Notice of Arbitration, #6 Exhibit F - Notice of Appointment of Arbitrator, #7 Exhibit G - Correspondence) (Grasberger, Eric) |
| Filing 35 Motion To Confirm Arbitration Award. Filed by Gray Construction, Inc.. (Grasberger, Eric) |
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Filing 34
ORDER issued by Magistrate Judge Jolie A. Russo: The parties shall file another formal Joint Status Report by 12/28/2022. (gm)
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| Filing 33 Joint Status Report . Filed by Kinetic Systems, Inc.. (Paris, Andrew) |
| Filing 32 Notice of Change of Address. Filed by Kinetic Systems, Inc.. (Duyck, Daniel) |
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Filing 31
ORDER issued by Magistrate Judge Jolie A. Russo: The parties shall file another formal Joint Status Report by 10/3/2022. (gm)
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| Filing 30 Joint Status Report . Filed by Kinetic Systems, Inc.. (Paris, Andrew) |
| Filing 29 Notice of Change of Address. Filed by All Plaintiffs. (Duyck, Daniel) |
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Filing 28
ORDER issued by Magistrate Judge Jolie A. Russo: The parties shall file another formal Joint Status Report by 7/5/2022. (gm)
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| Filing 27 Joint Status Report . Filed by Kinetic Systems, Inc.. (Paris, Andrew) |
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Filing 26
ORDER issued by Magistrate Judge Jolie A. Russo: The parties shall file another formal Joint Status Report by 4/4/2022. (gm)
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| Filing 25 Joint Status Report . Filed by Kinetic Systems, Inc.. (Paris, Andrew) |
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Filing 24
ORDER issued by Magistrate Judge Jolie A. Russo: The parties shall file another formal Joint Status Report by 1/3/2022. Once again, the parties are also advised to use the correct docket event 'Joint Status Report' rather than 'Joint ADR Report' when filing these reports in the future. (gm)
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| Filing 23 Joint ADR Report . Filed by Kinetic Systems, Inc..(Paris, Andrew) |
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Filing 22
ORDER issued by Magistrate Judge Jolie A. Russo: The parties shall file another formal Joint Status Report by 10/4/2021. The parties are also advised to use the correct docket event 'Joint Status Report' rather than 'Joint ADR Report' when filing these reports in the future. (gm)
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| Filing 21 Joint ADR Report . Filed by Kinetic Systems, Inc..(Paris, Andrew) |
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Filing 20
ORDER issued by Magistrate Judge Jolie A. Russo: The parties shall file another formal Joint Status Report by 7/6/2021. (gm)
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| Filing 19 Joint ADR Report . Filed by Kinetic Systems, Inc..(Paris, Andrew) |
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Filing 18
ORDER issued by Magistrate Judge Jolie A. Russo: The parties shall file another formal Joint Status Report by 4/5/2021. (gm)
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| Filing 17 Joint ADR Report . Filed by Kinetic Systems, Inc..(Paris, Andrew) |
| Filing 16 Joint ADR Report . Filed by Gray Construction, Inc., Travelers Casualty and Surety Company Of America.(Grasberger, Eric) |
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Filing 15
ORDER issued by Magistrate Judge Jolie A. Russo: The parties shall file another formal Joint Status Report by 1/5/2021. (gm)
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| Filing 14 Joint ADR Report . Filed by Kinetic Systems, Inc..(Paris, Andrew) |
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Filing 13
ORDER issued by Magistrate Judge Jolie A. Russo: As this case is Stayed due to pending arbitration, the parties shall submit formal Joint Status Reports every 90 days with the first report due by 10/6/2020. (gm)
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Filing 12
ORDER REFERRING CASE TO ARBITRATION: Granting Plaintiff's Unopposed Motion to Arbitrate this Dispute and Stay Proceedings #11 . This action is Stayed in its entirety pending the outcome of arbitration. Defendant Gray Construction, Inc.'s Motion to Compel Arbitration and to Dismiss Action Pursuant to the Federal Arbitration Act #6 and Defendant Travelers Casualty and Surety Company of America's Joinder in Gray Construction, Inc.'s Motion to Compel Arbitration and to Dismiss the Action #9 are deemed Withdrawn. (See formal 3-page order.) Signed on 7/8/20 by Magistrate Judge Jolie A. Russo. (gm)
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| Filing 11 Motion for Stay . Filed by Kinetic Systems, Inc.. (Duyck, Daniel) |
| Filing 10 Notice of Correction by Clerk regarding #9 Motion for Joinder. A Clerical error has been discovered in the case record: The incorrect event was used. The following corrections were made to the record: The clerk has corrected the docket text and deadlines treating this instead as a Notice of Joinder rather than as a Motion for Joinder. (gm) |
| Filing 9 ***WITHDRAWN*** Notice of Joinder . Filed by Travelers Casualty and Surety Company, Travelers Casualty and Surety Company Of America. (Grasberger, Eric) Modified on 6/17/2020. (gm) Modified on 7/8/2020 (gm). |
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Filing 8
ORDER issued by Magistrate Judge Jolie A. Russo: Setting Defendant Gray Construction, Inc.'s Motion to Compel Arbitration #6 and Rule 12 Motion to Dismiss #6 on the under advisement calendar of 7/20/2020. The request for oral argument will be considered in due course. Should the Court deem the motions appropriate for disposition with oral argument upon review of the briefings, the motions will be scheduled accordingly. (gm)
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| Filing 7 Declaration of Adam M. Smith . Filed by Gray Construction, Inc.. (Related document(s): Motion to Compel, Motion to Dismiss #6 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Grasberger, Eric) |
| Filing 6 ***WITHDRAWN*** Motion to Compel Arbitration, Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Oral Argument requested. Filed by Gray Construction, Inc.. (Grasberger, Eric) Modified on 7/8/2020 (gm). |
| Filing 5 Corporate Disclosure Statement . Filed by Travelers Casualty and Surety Company Of America. (Grasberger, Eric) |
| Filing 4 Notice of Dismissal of Party Filed by Kinetic Systems, Inc.. (Duyck, Daniel) |
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Filing 3
Notice of Case Assignment to Magistrate Judge Jolie A. Russo and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 10/9/2020. Joint Alternate Dispute Resolution Report is due by 11/9/2020. Pretrial Order is due by 11/9/2020. Ordered by Magistrate Judge Jolie A. Russo. (sss)
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| Filing 2 Corporate Disclosure Statement . Filed by Gray Construction, Inc.. (Grasberger, Eric) |
| Filing 1 Notice of Removal of Case Number 20CV17766 from Washington County Circuit Court. Filing Fee in amount of $400 collected. Agency Tracking ID: AORDC-6820378 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by Gray Construction, Inc. (Attachments: #1 Civil Cover Sheet). (Grasberger, Eric) |
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