Mactec, Inc v. Bechtel Jacobs Company, LLC
Plaintiff: Mactec, Inc.
Defendant: Bechtel Jacobs Company, LLC
Petitioner: Duratek Federal Services, Inc.
Case Number: 3:2005cv00340
Filed: July 6, 2005
Court: US District Court for the Eastern District of Tennessee
Office: Knoxville Office
Presiding Judge: Thomas W Phillips
Referring Judge: C Clifford Shirley
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 14, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2009 Filing 164 MAIL addressed to attorney Elizabeth Walsh RETURNED as Undeliverable re #160 Order on Motion for Attorney Fees. (AYB)
October 21, 2009 Filing 163 MANDATE of USCA as to #127 Notice of Appeal filed by Bechtel Jacobs Company, LLC. (AYB)
October 14, 2009 Opinion or Order Filing 162 AGREED ORDER granting parties' #161 Joint Motion for Order Releasing Supersedeas Bonds. Signed by District Judge Thomas W Phillips on 10/14/09. A copy of this Order has been sent via U.S. Mail to Elizabeth Walsh. (MGM)
October 9, 2009 Filing 161 MOTION for Entry of an Order Releasing Supersedeas Bonds by Bechtel Jacobs Company, LLC. (Attachments: #1 Proposed Agreed Order)(Ewell, Michael)
October 6, 2009 Opinion or Order Filing 160 ORDER denying MacTec, Inc's #128 Motion for Attorney Fees and Pre-Judgment Interest as MOOT. Signed by Magistrate Judge C Clifford Shirley on 10/6/09. A copy of this Order has been sent via U.S. Mail to Elizabeth Walsh. (MGM)
October 2, 2009 Filing 159 Joint STIPULATION of Dismissal of case by the parties. (Theriot, Chad) Modified text on 10/5/2009 (AYB).
September 28, 2009 Filing 158 Informational Copy from USCA affirming the decision of the district court re #127 Notice of Appeal. (AYB)
December 4, 2008 Filing 157 NOTICE of Change of Address by Todd J Wagnon (Wagnon, Todd)
October 2, 2008 Filing 156 NOTICE of Change of Law Firm Name by Andrew D Ness on behalf of Bechtel Jacobs Company, LLC (Ness, Andrew) Modified text on 10/3/2008 (AYB).
September 2, 2008 Opinion or Order Filing 155 ORDER RELEASING SUNTRUST AND SUNTRUST ACCOUNT FROM GARNISHMENT.Signed by District Judge Thomas W Phillips on 9/2/08. (ANB)
August 28, 2008 Filing 154 NOTICE by Bechtel Jacobs Company, LLC re #153 Order on Motion for Bond, Order on Motion to Quash,,,, Notice of Filing Supplemental Supersedeas Bond (Attachments: #1 Text of Proposed Order Releasing SunTrust and SunTrust Account From Garnishment)(Ewell, Michael)
August 28, 2008 Supersedeas BOND in the amount of $12,000,000.00 posted by Bechtel Jacobs Company, LLC (original placed in financial vault) (AYB)
August 28, 2008 Supplemental Supersedeas BOND in the amount of $ 628,000.00 posted by Bechtel Jacobs Company, LLC (original placed in financial vault) (AYB)
August 20, 2008 Opinion or Order Filing 153 ORDER that Bechtel Jacobs' #146 Motion to Approve Bond and Quash Garnishment is GRANTED, as modified: the Court will approve the bond filed by Bechtel Jacobs in the amount of $12,000,000; and release SunTrust and the SunTrust Bank account for any funds in excess of $628,000, retaining a garnishment on $628,000. Upon the filing of a supplemental bond of $628,000 within ten days of this order, the Court will release the garnishment on the remaining funds in the BJC Operating Account. The Judgment entered herein is stayed pending appeal. Signed by District Judge Thomas W Phillips on 8/20/08. (Copy forwarded to the Court's Financial Deputy) (ANB)
August 11, 2008 Filing 152 REPLY to Response to Motion re #146 MOTION to Approve Bond and MOTION to Quash Garnishment filed by Bechtel Jacobs Company, LLC. (Ewell, Michael) Modified text on 8/12/2008 (ANB).
August 6, 2008 Filing 151 RESPONSE in Opposition re #146 MOTION to Approve Bond and MOTION to Quash Garnishment filed by Mactec, Inc. (Attachments: #1 Exhibit Declaration of Brian Corgan)(Theriot, Chad)
August 4, 2008 Filing 150 ANSWER to Writ of Garnishment by SunTrust Bank. (ANB)
August 4, 2008 Opinion or Order Filing 149 AGREED ORDER setting briefing schedule. Plaintiff's Response and associated filings in Response to Defendant's Motion to Approve Bond and Quash Garnishment #146 shall be due to be filed on or before 8/6/08, with defendant's Reply, if any, due 5 days following Plaintiff's filing of its Response. Signed by District Judge Thomas W Phillips on 8/4/08. (ANB)
July 31, 2008 Filing 148 MOTION Motion for Entry of an Agreed Order re #146 MOTION to Approve Bond and MOTION to Quash Garnishment by Bechtel Jacobs Company, LLC. (Attachments: #1 Text of Proposed Order Agreed Order Setting Briefing Schedule)(Ewell, Michael)
July 29, 2008 Filing 147 WRIT of Garnishment Returned Executed as to Suntrust Bank. (ANB)
July 29, 2008 Filing 146 MOTION to Approve Bond and MOTION to Quash Garnishment by Bechtel Jacobs Company, LLC. (Attachments: #1 Exhibit A - Supersedeas Bond - $12,000,000.00, #2 Affidavit John R. Hickey - Exhibit B, #3 Text of Proposed Order Approving Form of Supersedeas Bond and Quashing Garnishment)(Nelms, Beverly) Modified text on 7/30/2008 (ANB).
July 10, 2008 Opinion or Order Filing 145 ORDER denying #143 Motion for Reconsideration. Signed by District Judge Thomas W Phillips on 07/10/2008. (KMK)
July 10, 2008 Opinion or Order Filing 144 MEMORANDUM AND ORDER denying #134 Motion to Stay enforcement of the judgment pending appeal without posting a supersedeas bond; denying as moot #135 Motion to Expedite. Signed by District Judge Thomas W Phillips on 07/10/2008. (KMK)
July 10, 2008 Copies of #144 Order and #145 Memorandum and Order mailed to attorney Elizabeth Walsh at Thelen, Reid, Brown, Raysman and Steiner, LLP (DC), 701 Eighth Street, NWWashington, DC 20001-3721 (KMK)
July 9, 2008 Filing 143 MOTION for Reconsideration of #142 Order and Opposition to MOTION TO DEFER CONSIDERATION OF MACTECS MOTION FOR ATTORNEYS FEES AND BILL OF COSTS by Mactec, Inc. (Theriot, Chad) Modified text on 7/10/2008 (AYB).
July 9, 2008 Opinion or Order Filing 142 ORDER granting Bectel Jacob's #137 Motion to Stay and Mactec's motion for attorneys fees and prejudgment interest #128 , as well as Mactec's motion for costs #130 are STAYED pending resolution of Bechtel's appeal to the Sixth Circuit Court of Appeals. Bectel Jacob's #140 Motion to Extend the Briefing Schedule is DENIED AS MOOT. Signed by District Judge Thomas W Phillips on 7/9/08. (ANB) Modified on 7/30/2008 to create docket entry relationship (ANB).
July 3, 2008 Filing 141 RESPONSE in Opposition re #134 MOTION to Stay Enforcement of Judgment Pending Appeal filed by Mactec, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Theriot, Chad)
July 3, 2008 Filing 140 MOTION for Extension of Time to File Response/Reply as to #130 Bill of Costs, #128 MOTION for Attorney Fees and Pre-Judgment Interest by Bechtel Jacobs Company, LLC. (Ness, Andrew)
July 1, 2008 Filing 139 NOTICE by Bechtel Jacobs Company, LLC Related to Trial Transcript (Attachments: #1 Exhibit A-Transcript Order)(Nelms, Beverly)
June 26, 2008 Filing 138 MOTION to Expedite Consideration of Motion to Defer Consideration of MACTEC's Motion for Attorneys Fees and Bill of Costs by Bechtel Jacobs Company, LLC. (Ness, Andrew)
June 26, 2008 Filing 137 MOTION to Stay Consideration of MACTEC's Motion for Attorneys Fees and Bill of Costs by Bechtel Jacobs Company, LLC. (Ness, Andrew)
June 19, 2008 Opinion or Order Filing 136 ORDER REFERRING #128 Mactec's MOTION for Attorney Fees and Pre-Judgment Interest to the Honorable C. Clifford Shirley Jr., USMJ. Signed by District Judge Thomas W Phillips on June 19, 2008. (AYB)
June 18, 2008 Filing 135 MOTION to Expedite Consideration of Motion to Stay Enforcement of Judgment Pending Appeal by Bechtel Jacobs Company, LLC. (Ness, Andrew)
June 18, 2008 Filing 134 MOTION to Stay Enforcement of Judgment Pending Appeal by Bechtel Jacobs Company, LLC. (Attachments: #1 Declaration of Patrick Willison, #2 Declaration of Robert Collins)(Ness, Andrew)
June 18, 2008 Filing 133 CERTIFICATE OF SERVICE by Bechtel Jacobs Company, LLC re #127 Notice of Appeal (Ness, Andrew)
June 18, 2008 Filing 132 Letter to all counsel of record from U.S. District Court Clerk's Office regarding the Bill of Costs. (AYB)
June 17, 2008 Filing 131 SUPPLEMENT to #129 Memorandum in Support of Motion, Supplement to Corgan Dec. Ex. A by Mactec, Inc. (Attachments: # 1 Supplement Supplement to Corgan Dec Part 1, Ex. A, # 2 Exhibit Part 2)(Theriot, Chad) Modified on 6/18/2008 to remove pdf.s. Attachments have been added to Doc. #129 (AYB).
June 17, 2008 Filing 130 BILL OF COSTS by Mactec, Inc.Bill of costs DDL set for 7/21/2008. (Attachments: #1 Exhibit A - Clerk Fees, #2 Exhibit B - Court Reporter Costs, #3 Exhibit C - Witness Expens (Part 1 of 3), #4 Exhibit Witness Fees & Expense (Part 2), #5 Exhibit C - WItness Fees & Expenses (Part 3), #6 Exhibit D - Copying Costs)(Theriot, Chad)
June 17, 2008 Filing 129 MEMORANDUM in Support of Motion re #128 MOTION for Attorney Fees filed by Mactec, Inc. (Attachments: #1 Affidavit Declaration - Corgan (partial,will be supplemented b/c size too big), #2 Affidavit Declaration - Threadgill, #3 Affidavit Lacy) (Theriot, Chad) (Additional attachments (formerly Doc. 131) added on 6/18/2008: #4 Supplement to Corgan Declaration Ex. A, #5 Supplement to Corgan Declaration Part 1 Exhibit A, #6 Supplement to Corgan Declaration Part 2) (AYB).
June 17, 2008 Filing 128 MOTION for Attorney Fees and Pre-Judgment Interest by Mactec, Inc. (Theriot, Chad) Modified text on 6/18/2008 (AYB).
June 17, 2008 Filing 127 NOTICE OF APPEAL by Bechtel Jacobs Company, LLC. Filing fee $ 455, receipt number 06490000000000966353. (Ness, Andrew) Modified on 6/18/2008 to note that a certificate of service has been requested for this document (AYB).
June 10, 2008 Filing 126 APPLICATION for Writ of Garnishment by Mactec, Inc against Bechtel Jacobs Company, LLC. (ANB)
June 10, 2008 WRIT of Garnishment issued as to Suntrust Bank and forwarded to Marshal for service. (ANB)
May 19, 2008 Opinion or Order Filing 125 JUDGMENT that Mactec, Inc. recover from defendant Bechtel Jacobs Company damages in the amount of $9,844,319.82 plus interest from 12/31/07, costs of this action and attorneys fees, the amount to be determined by further orders of the court. Signed by District Judge Thomas W Phillips on 5/19/08. (ANB)
May 19, 2008 Filing 124 FINDINGS OF FACT AND CONCLUSIONS OF LAWSigned by District Judge Thomas W Phillips on 5/19/08. (ANB)
January 4, 2008 Filing 123 Proposed Findings of Fact by Mactec, Inc. (Attachments: #1 Exhibit Additional Findings of Fact and Conclusions of Law, #2 Exhibit FINAL Findings of Fact and Conclusions of Law)(Theriot, Chad)
December 13, 2007 Opinion or Order Filing 122 CONSENT ORDER FOR SUBMISSION OF FINDINGSOF FACT AND CONCLUSIONS OF LAW; granting #120 Motion for Extension of Time to File. Signed by District Judge Thomas W Phillips. (ADA)
December 12, 2007 Filing 121 Proposed Findings of Fact by Bechtel Jacobs Company, LLC. (Ness, Andrew)
December 11, 2007 Filing 120 Consent MOTION for Extension of Time to File Findings of Fact and Conclusions of Law by Bechtel Jacobs Company, LLC. (Attachments: #1 Text of Proposed Order)(Ness, Andrew)
December 10, 2007 Filing 119 doc, Consent MOTION for Extension of Time to File Findings of Fact and Conclusions of Law by Bechtel Jacobs Company, LLC. (Ness, Andrew); pleading attached is a proposed agreed order, removed from the record for refiling as #120 . Modified on 12/12/2007 (ADA).
November 9, 2007 Filing 118 Proposed Findings of Fact by Mactec, Inc. (Theriot, Chad)
November 9, 2007 Filing 117 POST TRIAL BRIEF by Mactec, Inc. (Theriot, Chad) Modified text on 11/13/2007 (ADA).
October 5, 2007 Filing 116 REPLY TO RESPONSE re #107 Response filed by Bechtel Jacobs Company, LLC to MACTEC's Supplementation of the Record. (Attachments: #1 Exhibit 1#2 Exhibit 2#3)(Theriot, Chad)
October 1, 2007 Filing 115 TRANSCRIPT of Trial Volume 7 held on September 5, 2007 before Judge Thomas W. Phillips. Court Reporter: Jolene Owen. (for transcript please contact court reporter at 865-384-6585) (ADA)
October 1, 2007 Filing 114 TRANSCRIPT of Trial Volume 6 held on September 4, 2007 before Judge Thomas W. Phillips. Court Reporter: Jolene Owen. (for transcript please contact court reporter at 865-384-6585) (ADA)
September 29, 2007 Filing 113 TRANSCRIPT of Bench Trial held on September 6, 2007 before Judge Thomas W. Phillips. Court Reporter: Donnetta Kocuba. (for transcript please contact Court Reporter at 524-4590) (ADA)
September 28, 2007 Filing 112 TRANSCRIPT of Trial Day 5 volume 2 held on August 31, 2007 before Judge Thomas W. Phillips. Court Reporter: Patti Antol. (for transcript contact Miller & Miller 865-675-1471) (ADA)
September 28, 2007 Filing 111 TRANSCRIPT of Trial Day 5 Volume 1 held on August 31, 2007 before Judge Thomas W. Phillips. Court Reporter: Patti Antol. (for transcript contact Miller & Miller 865-675-1471) (ADA)
September 28, 2007 Filing 110 TRANSCRIPT of Trial Day 4 Volume 2 held on August 30, 2007 before Judge Thomas W. Phillips. Court Reporter: Patti Antol. (for transcript contact Miller & Miller 865-675-1471) (ADA)
September 28, 2007 Filing 109 TRANSCRIPT of Trial Day 4 Volume 1 held on August 30, 2007 before Judge Thomas W. Phillips. Court Reporter: Patti Antol. (for transcript contact Miller & Miller 865-675-1471) (ADA)
September 27, 2007 Filing 108 REPLY TO RESPONSE re #106 Response to BJC's Objections to MACTEC Exhibits. (Attachments: #1 Exhibit A)(Ness, Andrew)
September 25, 2007 Filing 107 OBJECTION AND COUNTER-DESIGNATIONS to #102 Mactec, Inc's Supplement to the record. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Ness, Andrew) Modified text on 9/26/2007 (ADA).
September 25, 2007 Filing 106 RESPONSE to BJC's Post-Trial Objections to MACTEC's Exhibits #104 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Theriot, Chad) Modified link on 9/26/2007 (ADA).
September 21, 2007 Filing 105 TRANSCRIPT of Bench Trial held on August 29, 2007 before Judge Thomas W. Phillips. Court Reporter: Donetta Kocuba. (for transcript please contact Court Reporter at 524-4590) (ADA)
September 19, 2007 Filing 104 SUPPLEMENT of Record with Objections to BJC Exhibits by Mactec, Inc. (Attachments: #1 Exhibit Attachment A)(Theriot, Chad)
September 19, 2007 Filing 103 SUPPLEMENT to Record - Counter designations OF DEPOSITION TESTIMONY OF MACTEC CORPORATE DEPONENT filed by Mactec, Inc. (Attachments: #1 Exhibit Exhibit A)(Theriot, Chad) Modified text on 9/20/2007 (ADA).
September 19, 2007 Filing 102 SUPPLEMENT to Record WITH DEPOSITION TESTIMONY OF BECHTEL JACOBS CORPORATION. LLC filed by Mactec, Inc. (Attachments: #1 Exhibit Exhibit B#2 Exhibit Exhibit C#3 Exhibit A)(Theriot, Chad) Modified text on 9/20/2007 (ADA).
September 17, 2007 Filing 101 TRANSCRIPT of Bench Trial held on August 28, 2007 before Judge Thomas W. Phillips. Court Reporter: Donnetta Kocuba. (for transcript please contact Court Reporter at 524-4590) (ADA)
September 17, 2007 Filing 100 TRANSCRIPT of Bench Trial held on August 27, 2007 before Judge Thomas W. Phillips. Court Reporter: Donnetta Kocuba. (for transcript please contact Court Reporter at 524-4590) (ADA)
September 17, 2007 Filing 99 SUPPLEMENT to the Record by Bechtel Jacobs Company, LLC. (Attachments: #1 Exhibit Foster Deposition Designations#2 Exhibit Reid Deposition Designation#3 Exhibit BJC Trial Exhibit List#4 Exhibit BJC Objections to MACTEC Exhibits)(Ness, Andrew)
September 6, 2007 Filing 98 EXHIBIT/WITNESS LIST for Bench Trial held before Honorable Thomas W. Phillips on August 27 - September 6, 2007. (JMJ)
September 6, 2007 Filing 97 MINUTE ENTRY -- Bench Trial/Day 8 held before Judge Thomas W Phillips on 9/6/2007. Proof for defendant continues. Witnesses called and sworn w/exhibits filed. Proof for defendant concluded. Defense counsel requested to supplement the record with excerpts of depositions. The Court granted all parties ten (10) days from today's date within which to supplement the record. The parties will prepare their briefs/findings of fact and conclusions of law as follows: Plaintiff will file on or before November 9, 2007; Defendant will file on or before December 10, 2007; Any reply brief by the plaintiff is to be filed on or before December 31, 2007. Case is taken under advisement with order to follow. (Court Reporter Netta Kocuba.) (JMJ, Courtroom Deputy)
September 5, 2007 Filing 96 MINUTE ENTRY -- Bench Trial/Day 7 held before Judge Thomas W Phillips on 9/5/2007. Proof for defendant continues. Witnesses called and exhibits filed. Defense counsel request of the Court that the testimony of Frank Cater be broken up in order to allow two out-of-town witnesses to testify. No objection by plaintiff. Court approved request. Case continued to September 6, 2007 for further trial. (Court Reporter Jolene Owen.) (JMJ, Courtroom Deputy)
September 4, 2007 Filing 95 MINUTE ENTRY -- Bench Trial/Day 6 held before Judge Thomas W Phillips on 9/4/2007. Counsel (plaintiff and defendant) stipulated that the deposition of Stephen Mitchell will be filed with the Court in lieu of testimony. The exhibit is filed as Joint Exhibit 1. Proof for plaintiff continues. Witnesses called and exhibits filed. Proof for plaintiff concluded. Proof for defendant begun with witness Robert R. Spurling called and exhibits filed. Case continued to September 5, 2007 at 8:30 for further trial. (Court Reporter Jolene Owen.) (JMJ, Courtroom Deputy)
August 31, 2007 Filing 94 MINUTE ENTRY -- Bench Trial/Day 5 held before Judge Thomas W Phillips on 8/31/2007. Defense counsel states for the record their objection to plaintiff's expert - Joseph DuPree. Court will take the objection and Mr. DuPree's testimony under advisement. Proof for plaintiff continues. Witnesses called and sworn. Exhibits Filed. Case continued to September 4, 2007 at 8:30 for further trial. (Court Reporter Patti Antol, Miller & Miller Reporting.) (JMJ, Courtroom Deputy)
August 30, 2007 Filing 93 MINUTE ENTRY -- Bench Trial/Day 4 held before Judge Thomas W Phillips on 8/30/2007. Proof for plaintiff continues. Witnesses called. Exhibits filed. Defendant objects to plaintiff's expert. Court requested that defense counsel state for the record on 8/31/07 the content of their objection. Case continued to 8/31/2007 at 8:30. (Court Reporter: Patti Antol - Miller & Miller.) (JMJ, Courtroom Deputy)
August 29, 2007 Filing 92 MINUTE ENTRY -- Bench Trial/Day 3 held before Judge Thomas W Phillips on 8/29/2007. Proof for plaintiff continues. Testimony by Charles Foster continues. Exhibits filed. Case continued to August 30, 2007 at 8:30 for further trial. (Court Reporter Netta Kocuba.) (JMJ, Courtroom Deputy)
August 28, 2007 Filing 91 MINUTE ENTRY -- Bench Trial/Day 2 held before Judge Thomas W Phillips on 8/28/2007. Proof for plaintiff continues. Witnesses called and exhibits filed. Case continued to 8/29/07 at 8:30 for additional trial. (Court Reporter Netta Kocuba.) (JMJ, Courtroom Deputy)
August 27, 2007 Filing 90 MINUTE ENTRY -- Bench Trial proceedings held before Judge Thomas W Phillips on 8/27/2007. Witnesses sworn. Rule Requested. Exhibits Filed. Introduction of Evidence for Plaintiff begun. Case continued to August 28, 2007 at 8:30 for further trial. (Court Reporter Netta Kocuba.) (JMJ, Courtroom Deputy)
August 22, 2007 Filing 89 MINUTE ENTRY -- Final Pretrial Conference held before Judge Thomas W Phillips on 8/22/2007. Court hears pending motions and makes rulings. Court ordered parties to meet at 1:00 on August 24, 2007 to exchange and review exhibits. Counsel will additionally make arrangements to take the deposition of defendant's expert before or during the trial and if this is not accomplished the trial will be continued to allow for the taking of the deposition. Court reviewed other trial procedures with counsel. Trial will begin at 9:00 on the first morning of trial and at 8:30 on all other mornings. (Court Reporter Netta Kocuba.) (JMJ, Courtroom Deputy)
August 20, 2007 Filing 88 Joint PRETRIAL ORDER by Mactec, Inc. (Theriot, Chad) Modified text on 8/20/2007 (ADA).
August 20, 2007 Filing 87 TRIAL BRIEF In Response to BJC's Pretrial Brief by Mactec, Inc. (Theriot, Chad)
August 19, 2007 Filing 86 RESPONSE to Motion re #84 First MOTION in Limine to Exclude Late-Asserted Damages Evidence filed by Mactec, Inc. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9#10 Exhibit 10#11 Exhibit 11#12 Exhibit 12#13 Exhibit 13#14 Exhibit 14#15 Exhibit 15#16 Exhibit 16)(Theriot, Chad)
August 16, 2007 Filing 85 PRETRIAL MEMORANDUM by Bechtel Jacobs Company, LLC. (Ness, Andrew)
August 13, 2007 Filing 84 First MOTION in Limine to Exclude Late-Asserted Damages Evidence by Bechtel Jacobs Company, LLC. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H)(Ness, Andrew)
July 31, 2007 NOTICE OF HEARING: Final Pretrial Conference set for 8/22/2007 at 01:30 PM in Courtroom 4 before Honorable Thomas W Phillips. (The Court will take up all preliminary matters, motions, etc. at this hearing.)(JMJ)
July 27, 2007 Filing 83 Objections to Certain Plaintiff-Listed Exhibits #81 filed by Mactec, Inc. (Attachments: #1 Exhibit A)(Ness, Andrew) Modified text on 7/30/2007 (ADA).
July 26, 2007 Filing 82 NOTICE by Mactec, Inc of Failure to Agree on Fact Stipulation (Threadgill, John)
July 13, 2007 Filing 81 PRETRIAL DISCLOSURE by Mactec, Inc. (Attachments: #1 Exhibit Attachment A)(Theriot, Chad)
July 13, 2007 Filing 80 PRETRIAL DISCLOSURE by Bechtel Jacobs Company, LLC. (Attachments: #1 Exhibit BJC Exhibit List)(Ness, Andrew)
July 13, 2007 Filing 79 Objections to Defendant's Disclosures #77 by Mactec, Inc. (Attachments: #1 Exhibit Attachment 1) (Theriot, Chad) Modified text on 7/13/2007 (AYB).
July 12, 2007 Filing 78 PRETRIAL DISCLOSURE by Mactec, Inc. (Attachments: # 1 Exhibit Attachment 1 (Objections))(Theriot, Chad) Modified on 7/13/2007 to remove pdf.; counsel has refiled correctly as #79 (AYB).
July 2, 2007 Filing 77 Rule 26(a)(3) PRETRIAL DISCLOSURE by Bechtel Jacobs Company, LLC. (Attachments: #1 Exhibit List) (Ness, Andrew) Modified text on 7/3/2007 (AYB).
June 28, 2007 Filing 76 Rule 26(a)(3) PRETRIAL DISCLOSURE by Mactec, Inc. (Attachments: #1 Exhibit list) (Threadgill, John) Modified text on 6/29/2007 (AYB).
June 28, 2007 Opinion or Order Filing 75 ORDER denying #64 Motion for Judgment on the Pleadings. Signed by Judge Thomas W Phillips on 6/28/07. (ADA)
June 13, 2007 Opinion or Order Filing 74 CONSENT ORDER REGARDING SCHEDULING AND DEADLINES. It is Ordered that fact discovery be extended through and including 7/27/07 and the time for the parties to file motions to compel be extended through and including 6/27/07. Signed by Judge Thomas W Phillips on 6/11/07. (ANB)
June 11, 2007 Opinion or Order Filing 73 ORDER granting #69 MOTION for Leave for Elizabeth Walsh to Appear Pro Hac Vice. Signed by Judge Thomas W Phillips on 6/11/07. (ADA)
June 11, 2007 Opinion or Order Filing 72 ORDER granting #68 MOTION for Leave for Todd Wagnon to Appear Pro Hac Vice. Signed by Judge Thomas W Phillips on 6/11/07. (ADA)
June 8, 2007 Filing 71 Joint Stipuplation Seeking Extension of Fact Discovery and deadlines for filing motion to compel by all parties; with proposed consent order attached. (Threadgill, John) Modified text on 6/11/2007 (ADA).
June 4, 2007 Filing 70 REPLY to Response to Motion re #64 MOTION for Judgment on the Pleadings filed by Bechtel Jacobs Company, LLC. (Ness, Andrew)
May 31, 2007 Filing 69 MOTION for Leave for Elizabeth Walsh to Appear Pro Hac Vice ( Filing fee $ 60 receipt number 750282.) by Bechtel Jacobs Company, LLC. (Nelms, Beverly) Attachment added on 6/8/2007 (ADA).
May 31, 2007 Filing 68 MOTION for Leave for Todd Wagnon to Appear Pro Hac Vice ( Filing fee $ 60 receipt number 750249.) by Bechtel Jacobs Company, LLC. (Nelms, Beverly) Attachment added on 6/4/2007 (ADA).
May 23, 2007 Filing 67 Memorandum in Opposition to Motion for Judgment on the Pleadings #64 filed by Mactec, Inc. (Attachments: #1 Exhibit 6th Circuit case 122 Fed. App.. 797)(Threadgill, John) Modified text on 5/24/2007 (ADA).
May 4, 2007 Opinion or Order Filing 66 ORDER granting in part and denying in part plaintiff's #65 Motion requesting modification to the courts scheduling order. Signed by Judge Thomas W Phillips on 5/4/07. (ADA)
May 2, 2007 Filing 65 MOTION for Modification of #32 Scheduling Order by Mactec, Inc. (Threadgill, John) Modified text and description on 5/2/2007 (ADA).
April 30, 2007 Filing 64 MOTION for Judgment on the Pleadings with supporting Memorandum attached filed by Bechtel Jacobs Company, LLC. (Ness, Andrew) Modified text on 5/1/2007 (ADA).
April 18, 2007 Filing 63 Mactec's First Amended Complaint against, filed by Mactec, Inc.(Threadgill, John) Modified text on 4/19/2007 (ADA).
April 17, 2007 Opinion or Order Filing 62 ORDER granting #59 First MOTION to Amend Complaint. Plaintiff is DIRECTED to file the amended complaint with the clerk.Signed by Judge Thomas W Phillips on 4/17/07. (ADA)
April 4, 2007 Opinion or Order Filing 61 CONSENT ORDER providing scheduling and deadlines. Signed by Judge Thomas W Phillips on 4/4/07. (ADA)
April 2, 2007 Filing 60 STIPULATION Extending deadlines by all parties. (Attachments: #1 Text of Proposed Order extending deadlines)(Threadgill, John)
March 16, 2007 Filing 59 First MOTION to Amend/Revise Complaint by Mactec, Inc. (Attachments: #1 Exhibit Proposed First Amended Complaint#2 Exhibit Original Complaint)(Threadgill, John)
March 16, 2007 Filing 58 doc, MOTION to Amend/Revise Complaint by Mactec, Inc. (Attachments: # 1 Exhibit Proposed Amended Complaint# 2 Exhibit Original Complaint)(Threadgill, John), submitted without e-signatures, corrected and refiled as #59 . Modified on 3/19/2007 (ADA).
January 30, 2007 Opinion or Order Filing 57 ORDER FOR CONTINUANCE; granting #54 Motion to Continue the trial. This non-jury trial is continued (from 3/12/07) and shall commence onMonday, August 27, 2007 at 9:00 a.m. Estimated length of trial is 2 weeks. A final pretrial conference (previously 3/7/07) will not be scheduled at this time. Signed by Judge Thomas W Phillips on 1/30/07. (ADA)
January 30, 2007 Set/Reset Hearings: Bench Trial set for 8/27/2007 09:00 AM in Courtroom 4 before Honorable Thomas W Phillips, per #57 . (ADA)
December 11, 2006 Filing 56 NOTICE of Change of Address by attorney Andrew D Ness. (AYB)
December 1, 2006 Opinion or Order Filing 55 ORDER granting #52 MOTION for Leave for Brian Corgan to Appear Pro Hac Vice. Signed by Judge Thomas W Phillips on 12/1/06. (ADA)
November 30, 2006 Filing 54 First MOTION to Continue trial by Mactec, Inc. (Threadgill, John) Modified text and description on 11/30/2006 (ADA).
November 29, 2006 Filing 53 COUNTERCLAIM of Bechtel Jacobs Company against Mactec, Inc, filed by Bechtel Jacobs Company, LLC.(Nelms, Beverly)
November 21, 2006 NOTICE: Please note Document 53 (Order on Motion for Admission Pro Hac Vice) has been deleted and properly docketed in Civil Case No. 3:05-cv-255 Mactec, Inc. v. Bechtel Jacobs Company, LLC. (AYB)
November 20, 2006 Filing 52 First MOTION for Leave for Brian Corgan to Appear Pro Hac Vice ( Filing fee $ 60.00 paid receipt number 646400.) by Mactec, Inc. (Threadgill, John) Modified text and description on 11/21/2006 (ADA). Certificate of Good Standing attachment(s) added on 11/28/2006 (ADA).
September 15, 2006 Opinion or Order Filing 51 ORDER granting dft's #50 Motion for Leave to File a Counterclaim. Signed by Judge Thomas W Phillips on 9/15/06. (ANB)
August 18, 2006 Filing 50 MOTION for Leave to File to File Counterclaim against Mactec, Inc. by Bechtel Jacobs Company, LLC. (Nelms, Beverly)
April 5, 2006 Opinion or Order Filing 49 PROTECTIVE ORDER, as stipulated by the parties, approved and entered by Judge Thomas W Phillips. (ADA)
April 3, 2006 Filing 48 PROPOSED STIPULATED PROTECTIVE ORDER by Bechtel Jacobs Company, LLC. (Nelms, Beverly) Modified text on 4/3/2006 (ADA).
March 31, 2006 Opinion or Order Filing 47 AGREED ORDER granting #46 Joint MOTION for Extension of Time to Respond to Request to Admit.Signed by Judge Thomas W Phillips. (ADA)
March 29, 2006 Filing 46 Joint MOTION for Extension of Time to Respond to Request to Admit by Bechtel Jacobs Company, LLC. (Nelms, Beverly) Modified text and description on 3/30/2006 (ADA).
March 9, 2006 Opinion or Order Filing 45 ORDER finding as moot #42 non-party Duratek Federal Services' Motion to Quash or Modify Subpoena Duces Tecum. Signed by Judge C Clifford Shirley on March 9, 2006. (AYB)
February 13, 2006 Opinion or Order Filing 44 ORDER REFERRING MOTION to Magistrate Judge Shirley: #42 MOTION to Quash or Modify Subpoena Duces Tecum filed by Duratek Federal Services, Inc. Signed by Judge Thomas W Phillips on 2/13/06. (ADA)
February 10, 2006 Filing 43 MEMORANDUM in Support of Motion re #42 MOTION to Quash or Modify Subpoena Duces Tecum filed by Duratek Federal Services, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B)(Roberts, Donna)
February 10, 2006 Filing 42 MOTION to Quash or Modify Subpoena Duces Tecum by Duratek Federal Services, Inc.. (Roberts, Donna)
January 31, 2006 Filing 41 NOTICE by Mactec, Inc of Filing Request for Production of Documents to Defendant (Threadgill, John)
January 23, 2006 Filing 40 SUBPOENA Returned Executed as to Keith Craft, Barge Waggoner on 01/23/2006 (Nelms, Beverly)
January 20, 2006 Opinion or Order Filing 39 ORDER granting plaintiff's #28 Motion for Expedited Hearing. A hearing was held on 1/18/06. Plaintiff's #29 Motion for Protective Order and Expedited Discovery is DENIED. Signed by Judge C. Clifford Shirley, Jr. on 1/20/06. (ANB) Modified on 1/20/2006 to correct judge(ANB).
January 18, 2006 Filing 38 Minute Entry for proceedings held before Judge C Clifford Shirley: oral arguments held on 1/18/2006 re #29 MOTION for Protective Order and Expedited Discovery, With Memorandum filed by Mactec, Inc. Memorandum and Order to follow. (Court Reporter Patti Antol, Miller & Miller) (CRS, Courtroom Deputy)
January 17, 2006 Filing 37 REPLY to Response to #29 MOTION for Protective Order and Expedited Discovery, With Memorandum filed by Mactec, Inc. (Attachments: #1 #2 #3)(Threadgill, John) Modified text on 1/18/2006 (ADA).
January 17, 2006 Filing 35 NOTICE of Filing Exhibits A-2 and A-13 by Bechtel Jacobs Company, LLC to #34 Response in Opposition to Motion. (Attachments: #1 Exhibit Exhibt A-2 (to Thomas Aff. and Memo)#2 Exhibit A-13 (to Thomas Aff. and Memo))(Ness, Andrew) Modified text on 1/17/2006 (ADA).
January 17, 2006 doc #36 submitted with improperly formatted attachments, corrected and refiled as #37 . Modified on 1/18/2006 (ADA).
January 13, 2006 Filing 34 RESPONSE in Opposition to #29 MOTION for Protective Order and Expedited Discovery, With Memorandum Affidavits and Exhibits filed by Bechtel Jacobs Company, LLC. (Attachments: #1 Affidavit Affidavit of Paul Clay#2 Affidavit Affidavit of Robert Spurling#3 Affidavit Affidavit of Michael Thomas#4 Exhibit A-1 (Thomas Aff and Memo)#5 Exhibit A-3 (Thomas Aff and Memo)#6 Exhibit A-4 (Thomas Aff and Memo)#7 Exhibit A-5 (Thomas Aff and Memo)#8 Exhibit A-6 (Thomas Aff and Memo)#9 Exhibit A-7 (Thomas Aff and Memo)#10 Exhibit A-8 (Thomas Aff and Memo)#11 Exhibit A-9 (Thomas Aff and Memo)#12 Exhibit A-10 (Thomas Aff and Memo)#13 Exhibit A-11 (Thomas Aff and Memo)#14 Exhibit A-12 (Thomas Aff and Memo)#15 Exhibit A-14 (Thomas Aff and Memo)#16 Exhibit A-15 (Thomas Aff and Memo)#17 Exhibit A-16 (Thomas Aff and Memo)#18 Exhibit A-17 (Thomas Aff and Memo)#19 Exhibit A-18 (Thomas Aff and Memo))(Ness, Andrew) Modified text on 1/17/2006 (ADA).
January 12, 2006 NOTICE of Hearing on #29 MOTION for Protective Order and Expedited Discovery: Motion Hearing set for 1/18/2006 09:00 AM in Courtroom 3B before Magistrate C Clifford Shirley. (AYB)
January 9, 2006 Filing 33 NOTICE of Filing Attachments to Motion for Protective Order #29 by Mactec, Inc (Attachments: #1 #2 #3 #4)(Threadgill, John) Modified text on 1/9/2006 (ADA).
January 9, 2006 Opinion or Order Filing 32 SCHEDULING ORDER: Non-Jury Trial set for 3/12/2007 at 9:00 AM in Courtroom 4 before Honorable Thomas W Phillips, expected to last 2 weeks. Final Pretrial Conference set for 3/7/2007 at 1:30 PM in Courtroom 4 before Honorable Thomas W Phillips.Signed by Judge Thomas W Phillips on 1/9/06. (ADA)
January 9, 2006 Opinion or Order Filing 31 ORDER REFERRING MOTION to Magistrate Judge Shirley: #29 MOTION for Protective Order and Expedited Discovery, With Memorandum filed by Mactec, Inc.Signed by Judge Thomas W Phillips on 1/9/06. (ADA)
January 9, 2006 Filing 30 MINUTE ENTRY -- Scheduling Conference proceedings held before Judge Thomas W Phillips on 1/9/2006. Pending motions [Docs 28 and 29] heard. Motions referred to Magistrate Judge Shirley for disposition. Response to motions to be filed by defendant on or before the end of the week. Mr. Ness is to take necessary action to become registered for electronic filing. Bench Trial set for 3/12/2007 at 09:00 AM in Courtroom 4 before Honorable Thomas W Phillips. Final Pretrial Conference set for 3/7/2007 at 01:30 PM in Courtroom 4 before Honorable Thomas W Phillips. (JMJ, Courtroom Deputy)
January 8, 2006 Filing 29 MOTION for Protective Order and Expedited Discovery, With Memorandum by Mactec, Inc. (Threadgill, John)
January 8, 2006 Filing 28 MOTION for Expedited Hearing by Mactec, Inc. (Threadgill, John) Modified text and description on 1/9/2006 (ADA).
December 28, 2005 Filing 27 NOTICE of HEARING: Scheduling Conference set for 1/9/2006 at 09:30 AM in Courtroom 4 before Honorable Thomas W Phillips. (JMJ)
December 14, 2005 Filing 26 Amended Report of Parties' Planning Meeting #16 by Mactec, Inc. (Threadgill, John) Modified text on 12/14/2005 (ADA).
October 27, 2005 Opinion or Order Filing 25 ORDER granting #24 MOTION for Leave for Andrew Ness to Appear Pro Hoc Vice by Bechtel Jacobs Company, LLC. Signed by Judge Thomas W Phillips on 10/27/05. (ADA)
October 27, 2005 RECEIPT #K3000616 in the amount of $60.00 paid for pro hac vice fee for Andrew Ness. (ADA)
October 25, 2005 Filing 24 MOTION for Leave for Andrew Ness to Appear Pro Hoc Vice by Bechtel Jacobs Company, LLC. w/certificate of good standing attached. (Nelms, Beverly) Modified text and description on 10/26/2005 (ADA).
September 26, 2005 Opinion or Order Filing 23 ORDER that the Court GRANTED #3 Motion to Expedite Hearing and conducted a hearing on 8/17/05. As the parties have resolved their discovery dispute, the defendant's request to withdraw its motion #22 is GRANTED and defendant's #4 Motion for Discovery is deemed WITHDRAWN.Signed by Judge C Clifford Shirley on 9/26/05. (ANB)
September 22, 2005 Filing 22 NOTICE by Bechtel Jacobs Company, LLC Withdrawal of Motion (Nelms, Beverly)
September 16, 2005 Filing 21 Minute Entry for proceedings held before Judge C Clifford Shirley: Telephone Conference held on 9/16/2005, with parties stating they are unable to resolve the remaining discovery issues re: drilling into the cap; parties are to confer and exchange detailed proposals for the testing. Telephone/Status Conference set for 9/22/2005 02:00 PM in Chambers before Magistrate C Clifford Shirley. (CRS, Courtroom Deputy)
September 8, 2005 Filing 20 TRANSCRIPT of Proceedings (Motion for Protective Order/Expedited Hearing) held on 8/17/05 before Judge C. Clifford Shirley, Jr. Court Reporter: Netta Kocuba. (ANB)
September 8, 2005 Opinion or Order Filing 19 ORDER granting #10 MOTION for Leave to Appear Pro Hac Vice for William E. Dorris and Chad V. Theriot by Mactec, Inc. Signed by Judge Thomas W Phillips on 9/8/05. (ADA)
September 7, 2005 Filing 18 Minute Entry for proceedings held before Judge C Clifford Shirley: Telephone Conference with parties stating they have shared information and met to discuss in detail the test plan. Ms. Nelms is to get additional information to the plaintiff; if there are remaining issues, parties will call chambers; Telephone Conference set for 9/16/2005 02:30 PM in Chambers before Magistrate C Clifford Shirley. (CRS, Courtroom Deputy)
August 31, 2005 Filing 17 NOTICE of filing certificate of good standing from USDC Northern GA by Mactec, Inc in support of #10 MOTION for Leave to Appear Pro Hac Vice for Chad V. Theriot (fee submitted) (ADA)
August 31, 2005 RECEIPT #40006 in the amount of $60.00 for pro hac vice fee for Chad Theriot. (ADA)
August 26, 2005 Filing 16 REPORT of Rule 26(f) Planning Meeting. (Threadgill, John)
August 25, 2005 Filing 15 WAIVER OF SERVICE Returned Executed by Mactec, Inc. Bechtel Jacobs Company, LLC waiver sent on 7/26/2005. (Threadgill, John)
August 25, 2005 doc #14 filed under incorrect event category, corrected in submission #15 . Modified on 8/25/2005 (ADA).
August 17, 2005 Filing 13 Minute Entry for proceedings held before Judge C Clifford Shirley as stated more fully in the attached minutes regarding Motion Hearing held on 8/17/2005 #3 MOTION to Expedite Hearing on the defendants Motion Pursuant to Rule 26 filed by Bechtel Jacobs Company, LLC which is GRANTED, and #4 MOTION for protective order or for expedited Discovery filed by Bechtel Jacobs Company, LLC in which the ruling is WITHHELD until after the conference call on 9/7/05. In Chambers Conference call set for 9/7/2005 11:30 AM before Magistrate C Clifford Shirley. (Court Reporter Netta Kocuba) (CRS, Courtroom Deputy)
August 17, 2005 Filing 12 RESPONSE (BRIEF)in Opposition to #3 MOTION to Expedite Hearing on the defendants Motion Pursuant to Rule 26 #4 MOTION for protective order or for expedited Discovery filed by Mactec, Inc. (Threadgill, John) Modified text on 8/17/2005 (ADA).
August 16, 2005 Filing 11 NOTICE by Mactec, Inc of filing Certificate of Good Standing in support of #10 MOTION for Leave to Appear Pro Hac Vice for William E. Dorris . (fee submitted) (ADA)
August 16, 2005 RECEIPT #39871 in the amount of $60.00 paid for pro hac vice fee for William Dorris. (ADA)
August 16, 2005 Filing 10 MOTION for Leave to Appear Pro Hac Vice for William E. Dorris and Chad V. Theriot by Mactec, Inc. (Threadgill, John)
August 16, 2005 doc #9 submitted without e-signature, corrected and refiled as doc #10 . Modified on 8/16/2005 (ADA).
August 15, 2005 NOTICE of Hearing on Motion #3 MOTION to Expedite Hearing on the defendants Motion Pursuant to Rule 26., #4 MOTION for protective order or for expedited Discovery: Motion Hearing set for 8/17/2005 02:30 PM in Courtroom 3C before Magistrate C Clifford Shirley. (ANB)
August 12, 2005 doc #8 submitted without e-signatures, corrected and refiled as doc #10 . Modified on 8/16/2005 (ADA).
August 8, 2005 Filing 7 (CASE AT ISSUE) NOTICE OF AVAILABILITY of Magistrate consents forwarded to all counsel. (ADA)
August 8, 2005 Filing 6 ANSWER to Complaint by Bechtel Jacobs Company, LLC.(Nelms, Beverly)
August 5, 2005 Opinion or Order Filing 5 ORDER REFERRING MOTION to Magistrate Judge Shirley for disposition or R & R: defendant's #3 MOTION to Expedite Hearing on the defendants Motion Pursuant to Rule 26 and #4 MOTION for Discovery or protective order filed by Bechtel Jacobs Company, LLC.Signed by Judge Thomas W Phillips on 8/5/05. (ADA)
August 3, 2005 Filing 4 MOTION for protective order or for expedited Discovery by Bechtel Jacobs Company, LLC. (Nelms, Beverly) Modified description on 8/5/2005 (ADA).
August 3, 2005 Filing 3 MOTION to Expedite Hearing on the defendants Motion Pursuant to Rule 26 filed by Bechtel Jacobs Company, LLC. (Nelms, Beverly) (see doc #4 ) Modified text on 8/3/2005 (ADA).
August 3, 2005 Filing 2 NOTICE of Appearance by Beverly Dean Nelms on behalf of Bechtel Jacobs Company, LLC (Nelms, Beverly)
July 7, 2005 Filing fee: $ 250.00, receipt number 39387 (received in the night depository on 7/6/05) (ANB)
July 7, 2005 Summons Issued as to Bechtel Jacobs Company, LLC. (ANB)
July 6, 2005 Filing 1 COMPLAINT against Bechtel Jacobs Company, LLC (Filing fee $ 250.) , filed by Mactec, Inc.(ANB)

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Search for this case: Mactec, Inc v. Bechtel Jacobs Company, LLC
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Plaintiff: Mactec, Inc.
Represented By: Brian G Corgan
Represented By: Chad V Theriot
Represented By: John O Threadgill
Represented By: William E Dorris
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Defendant: Bechtel Jacobs Company, LLC
Represented By: Andrew D Ness
Represented By: Beverly Dean Nelms
Represented By: Elizabeth Walsh
Represented By: Michael W Ewell
Represented By: Todd J Wagnon
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Petitioner: Duratek Federal Services, Inc.
Represented By: Donna L Roberts
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