H2Mechaical LLC v. Walsh Federal LLC et al
| WB Guimarin & Co Inc and H2 Mechanical LLC |
| Walsh Federal LLC and Travelers Casualty and Surety Company of America |
| 3:2018cv02474 |
| September 6, 2018 |
| US District Court for the District of South Carolina |
| Joseph F Anderson |
| Donald C Coggins |
| Miller Act |
| 40 U.S.C. § 3131 |
| None |
Docket Report
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Filing 50
ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Joseph F Anderson, Jr on 2/6/20. (mflo, )
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| Filing 49 NOTICE of Cancellation of Hearing: Pretrial Conference set for 2/6/2020 02:30 PM and Bench Trial set for 2/10/2020 09:30 AM before Judge Joseph F. Anderson, Jr. (mflo, ) |
| Filing 48 Exhibit List and Witnesses by H2 Mechanical LLC. (Heyward, Caitlin) |
| Filing 47 Exhibit List by Travelers Casualty and Surety Company of America, Walsh Federal LLC. (Kelley, Bryan) |
| Filing 46 NOTICE OF RESCHEDULED HEARING Pretrial Conference set for 1/23/2020 10:00 AM and Bench Trial set for 1/27/2020 09:30 AM cancelled and rescheduled to: Pretrial Conference set for 2/6/2020 02:30 PM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. Bench Trial set for 2/10/2020 09:30 AM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. (mflo, ) |
| Filing 45 NOTICE of Hearing:Pretrial Conference set for 1/23/2020 10:00 AM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. Bench Trial set for 1/27/2020 09:30 AM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. (mflo, ) |
| Filing 44 Minute Entry. Proceedings held before Honorable Joseph F Anderson, Jr: Bar Meeting held on 10/16/2019. Case ready for trial; trial 2-3 days; Court will continue case until January term. Court Reporter Carly Horenkamp. (mflo, ) |
| Filing 43 NOTICE of Hearing: Bar Meeting set for 10/16/2019 11:00 AM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. (mflo, ) |
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Filing 40
ORDER granting #37 MOTION to Strike Plaintiff's Request for Jury Trial. Signed by Honorable Joseph F Anderson, Jr on 9/13/19.(mflo, )
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| Filing 39 REPLY to Response to Motion re #37 MOTION to Strike Plaintiff's Request for Jury Trial Response filed by Travelers Casualty and Surety Company of America, Walsh Federal LLC. (Kelley, Bryan) |
| Filing 38 RESPONSE in Opposition re #37 MOTION to Strike Plaintiff's Request for Jury Trial Response filed by WB Guimarin & Co Inc.Reply to Response to Motion due by 9/10/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Heyward, Caitlin) |
| Filing 37 MOTION to Strike Plaintiff's Request for Jury Trial by Travelers Casualty and Surety Company of America, Walsh Federal LLC. Response to Motion due by 9/3/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Subcontract Agreement)No proposed order.(Kelley, Bryan) |
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Filing 36
ORDER denying at this time #29 MOTION for Partial Summary Judgment filed by Walsh Federal LLC, Travelers Casualty and Surety Company of America; After full discovery, either party may, if it so desires, renew the motion for summary judgment, which may include the Miller Act issue. Signed by Honorable Joseph F Anderson, Jr on 6/5/19. (mflo, )
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| Filing 35 Minute Entry. Proceedings held before Honorable Joseph F Anderson, Jr: Motion Hearing held on 6/5/2019; tentatively denying #29 MOTION for Partial Summary Judgment filed by Walsh Federal LLC, Travelers Casualty and Surety Company of America. Court will file written order. Court Reporter Kathleen Richardson. (mflo, ) |
| Filing 34 NOTICE of Hearing on Motion #29 MOTION for Partial Summary Judgment : Motion Hearing set for 6/5/2019 10:00 AM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. (mflo, ) |
| Filing 33 REPLY to Response to Motion re #29 MOTION for Partial Summary Judgment Response filed by Travelers Casualty and Surety Company of America, Walsh Federal LLC. (Kelley, Bryan) |
| Filing 32 RESPONSE in Opposition re #29 MOTION for Partial Summary Judgment Response filed by H2 Mechanical LLC.Reply to Response to Motion due by 4/23/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A Subcontract Partial Waiver and Release forms, #2 Exhibit B Affidavit of C. Carroll Heyward, Jr., #3 Exhibit C Change Order 2, #4 Exhibit D 10.02.18 Letter from NAVFAC #5 Exhibit E H2 Partial Waivers 04/08/15-07-14-15)(Heyward, Caitlin) Modified on 4/17/2019 to add exhibit descriptions(mflo, ). |
| Filing 31 TEXT ORDER GRANTING #30 First MOTION for Extension of Time to file Response to Defendants' #29 Motion for Partial Summary Judgment filed by H2 Mechanical LLC, ( Response to Motion due by 4/16/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ). Directed by Honorable Joseph F Anderson, Jr on 3/28/19. (mflo, ) |
| Filing 30 First MOTION for Extension of Time to file Reply to Defendants' Motion for Summary Judgment by H2 Mechanical LLC. Response to Motion due by 4/10/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Heyward, Caitlin) |
| Filing 29 MOTION for Partial Summary Judgment by Travelers Casualty and Surety Company of America, Walsh Federal LLC. Response to Motion due by 4/2/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion for Partial Summary Judgment, #2 Exhibit A - Subcontract Agreement, #3 Exhibit B - H2 request for additional compensation, #4 Exhibit C - Owner denial of REA # 6, #5 Exhibit D - Walsh response to NAVFAC letter, #6 Exhibit E - H2 memo to Walsh, #7 Exhibit F - increase in H2's extra-contractual claims, #8 Exhibit G - H2 certification of claim, #9 Exhibit H - H2 waiver, #10 Exhibit I - 2016 unconditional lien waivers, #11 Exhibit J - COFD letter issued by Owner)No proposed order.(Kelley, Bryan) |
| Filing 28 AMENDED ANSWER to #9 Amended Complaint, by Travelers Casualty and Surety Company of America. (Kelley, Bryan) |
| Filing 27 AMENDED ANSWER to #9 Amended Complaint, by Walsh Federal LLC. (Kelley, Bryan) |
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Filing 26
SCHEDULING ORDER and SPECIAL NOTICE TO COUNSEL WITH CASES BEFORE JUDGE JOSEPH F. ANDERSON, JR. Motions to Amend Pleadings due by 1/3/2019, Plaintiffs ID of Expert Witness due by 3/28/2019, Defendants ID of Expert Witnesses Due by 4/29/2019, Discovery due by 8/14/2019, Motions due by 9/4/2019, Jury Selection Deadline 11/6/2019. Signed by Honorable Joseph F Anderson, Jr on 11/14/18. (mflo, )
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| Filing 25 Minute Entry. Proceedings held before Honorable Joseph F Anderson, Jr: Rule 16 Conference held on 11/14/2018. Court to file scheduling order. Court Reporter not present. (mflo, ) |
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Filing 24
ORDER SETTING PRETRIAL RULE 16 CONFERENCE: Rule 16 Conference set for Wednesday, November 14, 2018 at 2:30 p.m. in chambers of the Honorable Joseph F. Anderson, Jr. Matters to be taken up at the conference will include all those items identified in Rule 16(a) and (c) of the Federal Rules of Civil Procedure. The attorneys of record shall conduct a conference pursuant to Rule 26(f) no later than 14 days prior to the date of the Rule 16 Conference. Signed by Honorable Joseph F. Anderson, Jr. on 10/25/18. (mflo, )
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| Filing 23 TEXT ORDER finding as moot #20 Motion for Extension of Time to Answer by both Walsh Federal, LLC and Travelers Casualty and Surety Company of America. Directed by Honorable Joseph F Anderson, Jr on 10/25/18.(mflo, ) |
| Filing 22 ANSWER to #9 Amended Complaint, by Walsh Federal LLC.(Kelley, Bryan) |
| Filing 21 ANSWER to #9 Amended Complaint, by Travelers Casualty and Surety Company of America.(Kelley, Bryan) |
| Filing 20 MOTION for Extension of Time to File Answer re #9 Amended Complaint, by Travelers Casualty and Surety Company of America, Walsh Federal LLC. Response to Motion due by 11/7/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Kelley, Bryan) |
| Filing 19 LETTER EXTENDING TIME TO ANSWER Walsh Federal LLC answer due 10/24/2018; Travelers Casualty and Surety Company of America answer due 10/24/2018. (Kelley, Bryan) |
| Filing 18 DELETION OF DOCKET ENTRY NUMBER 12 Reason: refiled by filing user using correct event with signature page; Corrected Filing Document Number #17 . (mflo, ) |
| Filing 17 SUMMONS Returned Executed by WB Guimarin & Co Inc. (Attachments: #1 Exhibit Affidavit of Mailing and Proof of Service on Walsh Federal, #2 Exhibit Letter to Walsh's Registered Agent, #3 Exhibit Green Card and Receipt from USPS)(Heyward, Caitlin) |
| Filing 16 Amended Summons Issued as to Travelers Casualty and Surety Company of America, Walsh Federal LLC. (mflo, ) |
| Filing 15 DELETION OF DOCKET ENTRY NUMBER 10 Reason: duplicate filing and attachments that should be filed separately. Corrected Filing Document Number #11 , #9 (mflo, ) |
| Filing 14 Local Rule 26.01 Answers to Interrogatories by Walsh Federal LLC.(Kelley, Bryan) |
| Filing 13 Local Rule 26.01 Answers to Interrogatories by Travelers Casualty and Surety Company of America.(Kelley, Bryan) |
| Filing 11 Local Rule 26.01 Answers to Interrogatories by United States of America for the use of H2 Mechanical, LLC, assignee of W.B. Guimarin & Co., Inc..(Heyward, Caitlin) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by United States of America for the use of H2 Mechanical, LLC, assignee of W.B. Guimarin & Co., Inc.. Service due by 12/31/2018 (Attachments: #1 Exhibit Ex A to Amended Complaint) (Heyward, Caitlin) |
| Filing 8 NOTICE of Appearance by Bryan Patrick Kelley on behalf of Travelers Casualty and Surety Company of America, Walsh Federal LLC (Kelley, Bryan) |
| Filing 6 ACCEPTANCE OF SERVICE OF COMPLAINT by WB Guimarin & Co Inc. Travelers Casualty and Surety Company of America served on 9/10/2018, answer due 10/1/2018. (Heyward, Caitlin) |
| Filing 5 Case Reassigned to Judge Honorable Joseph F Anderson, Jr. Judge Honorable Donald C Coggins, Jr no longer assigned to the case. (suro, ) |
| Filing 4 Summons Issued as to Travelers Casualty and Surety Company of America, Walsh Federal LLC. (abuc) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by WB Guimarin & Co Inc.(abuc) |
| Filing 1 COMPLAINT against Travelers Casualty and Surety Company of America, Walsh Federal LLC (Filing fee $ 400 receipt number 0420-7985548.), filed by WB Guimarin & Co Inc. Service due by 12/6/2018 (Attachments: #1 Exhibit A - Bond)(abuc) |
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