Vertex Roofing, LLC v. Best Choice Construction, LLC et al
| Vertex Roofing, LLC |
| Best Choice Construction, LLC and United States Fire Insurance Company |
| 5:2022cv05001 |
| January 4, 2022 |
| US District Court for the District of South Dakota |
| Karen E Schreier |
| Contract: Miller Act |
| 28 U.S.C. § 1352 |
| None |
Docket Report
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This docket was last retrieved on March 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 23 TEXT ORDER directing the parties to file a status report with the court by March 16, 2022. Signed by U.S. District Judge Karen E. Schreier on March 2, 2022. (Schreier, Karen) Modified on 3/3/2022 emailed this order and re-emailed the clerk's letter to jbailey@baileyandbaileypc.com; kzachman@baileyandbaileypc.com; scannon@krebsfarley.com; rdry@krebsfarley.com (SLT). |
| Filing 22 Case transferred in from District of Texas Southern; Case Number 2:21-cv-00185. Original file certified copy of transfer order and docket sheet received. |
| CLERK'S TEXT LETTER TO NON-ADMITTED ATTORNEY(S) Local Rule 83.2 (E) allows attorneys to appear pro hac vice (PHV) if they associate with local counsel. The rule provides, in relevant part, that '[a]n attorney who is not a member of the bar of this court, but who is a member in good standing of the bar of another United States District Court, may, upon motion and approval by the court, participate in the conduct of a particular case, but such motion may be allowed only if the applicant associates with a member in good standing of the bar of this court as local counsel.' Local counsel must sign and file all documents, and must be present in court during all proceedings unless otherwise ordered. The court's local rules are available on the district court's website located at www.sdd.uscourts.gov.To apply for admission PHV, complete the Motion for Admission PHV form found on our website under 'Local Forms' and submit it to local counsel for electronic filing. The PHV fee is $100. Local counsel may pay the fee electronically by using Pay.gov.Docket sheet mailed/emailed to non-resident attorney(s) (MSB) |
Filing 21
AGREED ORDER TO TRANSFER CASE to US District Court of South Dakota, Western Division. (Signed by Judge Drew B Tipton) Parties notified.(vrios, 2) [Transferred from Texas Southern on 1/4/2022.]
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| Filing 20 Agreed PROPOSED ORDER Granting Defendants re: #9 MOTION to Dismiss #1 Complaint for Improper Venue, filed.(Bailey, Jonathan) [Transferred from Texas Southern on 1/4/2022.] |
| Minute Entry for proceedings held before Judge Drew B Tipton. Proceedings held on 1/3/2022. The Court will Grant the pending #20 Agreed Proposed Order to Dismiss #9 MOTION to Dismiss Complaint for Improper Venue. Order to be entered. Appearances: Steven Kyle Cannon, Jonathan M Bailey.(Digital # 3:48-3:51)(ERO:Nelda Garcia), filed.(KelliePapaioannou, 2) [Transferred from Texas Southern on 1/4/2022.] |
| Interdistrict transfer to Western District of South Dakota. Case transferred electronically. Case terminated on 1/3/22, filed. (vrios, 2) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 19 NOTICE of Resetting. Parties notified. Initial Conference reset for 1/3/2022 at 03:45 PM in by video before Judge Drew B Tipton, filed. All Parties to Appear by Zoom. Join ZoomGov Meeting https://www.zoomgov.com/j/1619592474?pwd=M0prQ2cxelM4M2JiY0NKSjFERFJHZz09Meeting ID: 161 959 2474 Passcode: 922233Dial by your location +1 669 254 5252 US (San Jose) +1 669 216 1590 US (San Jose) +1 551 285 1373 US +1 646 828 7666 US (New York)Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. (KelliePapaioannouadi, 2) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 18 PLAINTIFF VERTEX ROOFING, LLC.'S SUR-REPLY IN OPPOSITION to #9 MOTION to Dismiss #1 Complaint for Improper Venue, filed by Vertex Roofing, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(KelliePapaioannou, 2) [Transferred from Texas Southern on 1/4/2022.] |
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Filing 17
ORDER Granting #14 Motion for Leave to File.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) [Transferred from Texas Southern on 1/4/2022.]
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| Filing 16 CERTIFICATE OF INTERESTED PARTIES by United States Fire Insurance Company, filed.(Cannon, Steven) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 15 RESPONSE to #14 MOTION for Leave to File Sur-Reply filed by United States Fire Insurance Company. (Cannon, Steven) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 14 MOTION for Leave to File Sur-Reply by Vertex Roofing, LLC, filed. Motion Docket Date 1/3/2022. (Attachments: #1 Exhibit Sur-Reply and Exhibits, #2 Proposed Order Granting Motion for Leave)(Bailey, Jonathan) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 13 REPLY in Support of #9 MOTION to Dismiss #1 Complaint for Improper Venue, filed by United States Fire Insurance Company. (Cannon, Steven) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 12 PROPOSED ORDER re: #11 Response to Motion, filed.(Bailey, Jonathan) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 11 RESPONSE to #9 MOTION to Dismiss #1 Complaint for Improper Venue filed by Vertex Roofing, LLC. (Attachments: #1 Exhibit Business Organization Inquiry)(Bailey, Jonathan) [Transferred from Texas Southern on 1/4/2022.] |
| ***Set/Reset Deadlines/Hearings: Initial Conference reset for 1/3/2022 at 02:00 PM by video before Judge Drew B Tipton (KelliePapaioannou, 2) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 10 ADVISORY by Vertex Roofing, LLC, filed.(Bailey, Jonathan) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 9 MOTION to Dismiss #1 Complaint for Improper Venue by United States Fire Insurance Company, filed. Motion Docket Date 11/26/2021. (Attachments: #1 Proposed Order)(Cannon, Steven) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 8 NOTICE of Appearance by Steven K. Cannon on behalf of United States Fire Insurance Company, filed. (Cannon, Steven) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 7 NOTICE of Appearance by Ryan D. Dry on behalf of United States Fire Insurance Company, filed. (Dry, Ryan) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 6 AFFIDAVIT of Jirika Johnson re: #3 Summons Issued/Not Issued, filed.(Bailey, Jonathan) [Transferred from Texas Southern on 1/4/2022.] |
| ***Set/Reset Deadlines/Hearings: Status Report on service due to the Court by 11/15/2021. Initial Conference reset for 12/1/2021 at 02:00 PM before Judge Drew B Tipton (KelliePapaioannou, 2) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 5 ADVISORY by Vertex Roofing, LLC, filed.(Bailey, Jonathan) [Transferred from Texas Southern on 1/4/2022.] |
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.Initial Conference set for 11/1/2021 at 02:00 PM in by video before Judge Drew B Tipton. Parties notified.(JessieHutchinson, 2) [Transferred from Texas Southern on 1/4/2022.]
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| Filing 3 Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed.(JessieHutchinson, 2) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 2 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Additional Summons Issuance)(Bailey, Jonathan) [Transferred from Texas Southern on 1/4/2022.] |
| Filing 1 COMPLAINT against All Defendants filed by Vertex Roofing, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Bailey, Jonathan) [Transferred from Texas Southern on 1/4/2022.] |
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