J. Cumby Construction, Inc. v. Knoxville Utilities Board et al
Plaintiff: J. Cumby Construction, Inc.
Defendant: Knoxville Utilities Board, Daniel J Kembel, John Piotrowski, Brooke Sinclair and Nathan Babelay
Case Number: 3:2022cv00202
Filed: June 3, 2022
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Charles E Atchley
Referring Judge: Jill E McCook
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 1, 2023 Filing 65 STATUS REPORT (Joint) by J. Cumby Construction, Inc.. (Howell, Dean)
August 28, 2023 Filing 64 REPORT of Mediation (ABF)
June 8, 2023 Opinion or Order Filing 63 ORDER finding as moot #50 Defendants' Motion for Status Conference and to Modify Scheduling Order. The Court held a status conference on June 7, 2023, and subsequently modified the scheduling order in this matter. Thus, the previous request for status conference and modification of scheduling order [Doc. 50] is DENIED AS MOOT. This entry is the complete Order of the Court. There is no document attached. Signed by District Judge Charles E. Atchley, Jr. on June 8, 2023. (BJB)
June 7, 2023 Opinion or Order Filing 62 ORDER: It is ORDERED that the parties, their representatives, and/or actual decision-makers for all parties be available during the mediation process to ensure adequate communication and participation. The parties are DIRECTED to participate in mediation in good faith. Further, the parties SHALL remind the mediator of the obligation to file a Mediation Report within seven days of the conclusion of each mediation conference, as set forth in Local Rule 16.4(m). Based on the agreement of the parties to mediate, and in the interests of justice and judicial economy, this matter is hereby STAYED for ninety (90) days. All current deadlines and the trial date are hereby CANCELED and will be rescheduled at a later date if necessary. Along with the required report to be filed by the chosen mediator, the parties SHALL file a joint status report no later than September 4, 2023, informing the Court on where any ongoing negotiations stand, whether the case should remain stayed, and a proposed plan of action for this Court. Given the parties' mutual decision to mediate this matter, the motions currently pending before this CourtDefendants' Motion to Stay Discovery [Doc. #23 ] and Defendants' Motion to Dismiss Second Amended Complaint [Doc. #38 ]are hereby DENIED without prejudice. The parties may refile any appropriate motion after the stay is lifted, if necessary. Signed by District Judge Charles E Atchley, Jr on 6/7/2023. (BJL)
June 6, 2023 Set/Reset Hearings: Status Conference SET for 6/7/2023 02:00 PM in Judge's Chambers (Telephonic) before District Judge Charles E. Atchley, Jr. Please contact atchley_chambers@tned.uscourts.gov for call-in information. (KLW)
May 31, 2023 Filing 61 Joint MOTION Modify Scheduling Order and Joint Motion for Status Conference by J. Cumby Construction, Inc.. (Howell, Dean)
April 3, 2023 Filing 60 SUBPOENA Returned Executed as to Jacobs Engineering Group, Inc. on 04/03/2023 (Cantrell, David)
April 3, 2023 Filing 59 NOTICE by J. Cumby Construction, Inc. of Subpoena to Jacobs Engineering Group, Inc. (Cantrell, David)
April 3, 2023 Filing 58 SUBPOENA Returned Unexecuted as to Jacobs Engineering Group, Inc. on 04/03/2023. (Cantrell, David)
March 30, 2023 Filing 57 NOTICE by J. Cumby Construction, Inc. of Subpoena to Jacobs Engineering Group, Inc. (Attachments: #1 Exhibit Subpoena)(Cantrell, David)
March 30, 2023 Filing 56 NOTICE by J. Cumby Construction, Inc. of Subpoena to S&ME, Inc. (Attachments: #1 Exhibit Subpoena)(Cantrell, David)
March 7, 2023 Opinion or Order Filing 55 FEDERAL RULE OF EVIDENCE 502 CLAWBACK ORDER. Signed by Magistrate Judge Jill E McCook on 3/7/23. (ABF)
March 7, 2023 Opinion or Order Filing 54 ORDER granting in part and denying in part #48 Motion for Entry of a Rule 502 Clawback Order. Signed by Magistrate Judge Jill E McCook on 3/7/23. (ABF)
March 6, 2023 Filing 53 Minute Entry for proceedings held before Magistrate Judge Jill E McCook: Motion Hearing held on 3/6/2023 re #48 MOTION for Entry of a Rule 502 Clawback Order filed by Nathan Babelay, Brooke Sinclair, Daniel J Kembel, John Piotrowski, Knoxville Utilities Board. Arguments heard. Court to enter Order.(Court Reporter ECRO) (MGD)
March 3, 2023 Filing 52 RESPONSE to Motion re #50 MOTION for Status Conference and to Modify Scheduling Order filed by J. Cumby Construction, Inc.. (Howell, Dean)
March 1, 2023 NOTICE of Hearing on Motion #48 Motion for Entry of a Rule 502 Clawback Order : Motion Hearing set for 3/6/2023 01:30 PM in Judge's Chambers (Telephonic Hearing) before Magistrate Judge Jill E McCook. Teleconference # 877-336-1280. Access code 8173506.(MGD)
February 27, 2023 Opinion or Order Filing 51 ORDER denying as moot #14 Motion to Dismiss for Failure to State a Claim; denying as moot #20 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Charles E Atchley, Jr. on 2/27/2023. (AML)
February 20, 2023 Filing 50 MOTION for Status Conference and to Modify Scheduling Order by Nathan Babelay, Daniel J Kembel, Knoxville Utilities Board, John Piotrowski, Brooke Sinclair. (Wall, Mabern)
February 10, 2023 Filing 49 RESPONSE to Motion re #48 MOTION for Entry of a Rule 502 Clawback Order filed by J. Cumby Construction, Inc.. (Howell, Dean)
January 27, 2023 Filing 48 MOTION for Entry of a Rule 502 Clawback Order by Nathan Babelay, Daniel J Kembel, Knoxville Utilities Board, John Piotrowski, Brooke Sinclair. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Public Records Requests)(Wall, Mabern)
January 18, 2023 Filing 47 RESPONSE TO LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #46 Local Rule 7.1(d) Supplemental Brief by Brooke Sinclair, Knoxville Utilities Board, John Piotrowski, Daniel J Kembel, Nathan Babelay filed by Brooke Sinclair, Knoxville Utilities Board, John Piotrowski, Daniel J Kembel, Nathan Babelay. (Wall, Mabern)
January 11, 2023 Filing 46 LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to #38 MOTION to Dismiss Second Amended Complaint by J. Cumby Construction, Inc. filed by J. Cumby Construction, Inc.. (Howell, Dean)
January 11, 2023 Filing 45 NOTICE by J. Cumby Construction, Inc. of Filing (Attachments: #1 Exhibit 1 - Defendants' Responses to Plaintiff's First Set of Requests for Admission)(Howell, Dean)
December 6, 2022 Filing 44 NOTICE by Nathan Babelay, Daniel J Kembel, Knoxville Utilities Board, John Piotrowski, Brooke Sinclair of Service of Defendants' Responses to Plaintiff's First Set of Requests for Admission (Ball, Joshua)
November 28, 2022 Opinion or Order Filing 43 ORDER granting #39 Plaintiff's Motion to Exceed Page Limit. For good cause shown, and because no opposition was filed, Plaintiff's Motion to Exceed Page Limit for Response in Opposition to Defendants' Motion to Dismiss Second Amended Complaint [Doc. 39] is GRANTED. Plaintiff may file a brief not to exceed fifty-five (55) pages in length. This docket entry is the complete Order of the Court. No document is attached. Signed by District Judge Charles E Atchley, Jr. on November 28, 2022. (BJB)
November 28, 2022 Opinion or Order Filing 42 ORDER granting #37 Motion to Exceed Page Limit. For good cause shown, and because no opposition was filed, Defendants' Motion to Exceed Page Limit for Motion to Dismiss Second Amended Complaint [Doc. 37] is GRANTED. Defendant may file a brief not to exceed forty (40) pages in length. This docket entry is the complete Order of the Court. No document is attached. Signed by District Judge Charles E Atchley, Jr. on November 28, 2022. (BJB)
November 23, 2022 Filing 41 STIPULATION REGARDING CONTINUING TIME FOR DEFENDANTS DISCOVERY RESPONSES (JOINT) by All Defendants. (Wall, Mabern)
October 21, 2022 Filing 40 RESPONSE in Opposition re #38 MOTION to Dismiss Second Amended Complaint filed by J. Cumby Construction, Inc.. (Noell, Robert)
October 20, 2022 Filing 39 MOTION for Leave to File Excess Pages by J. Cumby Construction, Inc.. (Howell, Dean)
September 30, 2022 Filing 38 MOTION to Dismiss Second Amended Complaint by Nathan Babelay, Daniel J Kembel, Knoxville Utilities Board, John Piotrowski, Brooke Sinclair. (Attachments: #1 Exhibit A - Procurement Guidelines Dec 1 2020, #2 Exhibit B - Resolution 1197 with Procurement Procedures, #3 Exhibit C - Rules and Regulations for Water, #4 Exhibit D - Rules and Regulations for WW, #5 Exhibit E - Knoxville Charter, Article XI)(Wall, Mabern)
September 29, 2022 Filing 37 MOTION TO EXCEED PAGE LIMIT FOR MOTION TO DISMISS SECOND AMENDED COMPLAINT by Nathan Babelay, Daniel J Kembel, Knoxville Utilities Board, John Piotrowski, Brooke Sinclair. (Wall, Mabern)
September 22, 2022 Filing 36 REPLY to Response to Motion re #23 MOTION to Stay Discovery MOTION and Objection to Providing Initial Disclosures filed by Nathan Babelay, Daniel J Kembel, Knoxville Utilities Board, John Piotrowski, Brooke Sinclair. (Wall, Mabern)
September 16, 2022 Filing 35 AMENDED COMPLAINT (SECOND) against All Defendants., filed by J. Cumby Construction, Inc.. (Attachments: #1 Exhibit Email dated April 2, 2022, #2 Exhibit Initial draft of Change Order No. 1, #3 Exhibit Letter dated June 22, 2021, #4 Exhibit Change Order No. 3, #5 Exhibit Kembel's January 18, 2022 letter, #6 Exhibit March 14, 2022 letter, #7 Exhibit April 18, 2022 email, #8 Exhibit JCC's April 29, 2022 letter, #9 Exhibit Suspension Letter, #10 Exhibit Kembel's June 16, 2022 letter, #11 Exhibit Procurement Procedures, #12 Exhibit Procurement Guidelines, #13 Exhibit June 26, 2022 email, #14 Exhibit KUB's New Procurement Appeal Procedures along with transmitting correspondence from KUB's counsel)(Cantrell, David)
September 16, 2022 Opinion or Order Filing 34 ORDER granting #28 Motion to Amend/Correct. Signed by District Judge Charles E Atchley, Jr on 9/16/2022. (AML)
September 15, 2022 Filing 33 RESPONSE to Motion re #28 MOTION to Amend/Revise The Amended Complaint and File Second Amended Complaint filed by Nathan Babelay, Daniel J Kembel, Knoxville Utilities Board, John Piotrowski, Brooke Sinclair. (Wall, Mabern)
September 13, 2022 Filing 32 RESPONSE in Opposition re #23 MOTION to Stay Discovery MOTION and Objection to Providing Initial Disclosures filed by J. Cumby Construction, Inc.. (Cantrell, David)
September 9, 2022 Opinion or Order Filing 31 ORDER granting #26 Motion for Leave to File Excess Pages. For good cause shown, Plaintiff's Motion to Exceed Page Limit for Response in Opposition to Defendants' Motion to Dismiss Amended Complaint is GRANTED. Plaintiff may file a brief not to exceed forty (40) pages in length. This docket entry is the complete Order of the Court. No document is attached. Signed by District Judge Charles E. Atchley, Jr. on September 9, 2022. (BJB)
September 9, 2022 Opinion or Order Filing 30 SCHEDULING ORDER: Jury Trial set for 2/27/2024 09:00 AM in Courtroom 1A - Chattanooga before District Judge Charles E Atchley Jr. Final Pretrial Conference set for 2/12/2024 03:00 PM in Courtroom 1A - Chattanooga before District Judge Charles E Atchley Jr. Signed by District Judge Charles E Atchley, Jr. on 9/9/2022. (AML)
September 9, 2022 Minute Entry for proceedings held before District Judge Charles E Atchley, Jr.: Scheduling Conference held via telephone on 9/9/2022 without CR or CRD present. (AML)
September 8, 2022 Filing 29 MEMORANDUM in Support of Motion re #28 MOTION to Amend/Revise The Amended Complaint and File Second Amended Complaint filed by J. Cumby Construction, Inc.. (Cantrell, David)
September 8, 2022 Filing 28 MOTION to Amend/Revise The Amended Complaint and File Second Amended Complaint by J. Cumby Construction, Inc.. (Attachments: #1 Exhibit)(Cantrell, David)
September 8, 2022 Filing 27 RESPONSE in Opposition re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by J. Cumby Construction, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Noell, Robert)
September 7, 2022 Filing 26 MOTION for Leave to File Excess Pages for Response in Opposition to Defendants' Motion to Dismiss Amended Complaint by J. Cumby Construction, Inc.. (Noell, Robert)
September 2, 2022 Filing 25 REPORT of Rule 26(f) Planning Meeting. (Howell, Dean)
August 30, 2022 Filing 24 NOTICE by Nathan Babelay, Daniel J Kembel, Knoxville Utilities Board, John Piotrowski, Brooke Sinclair of Service of Initial Rule 26(a)(1) Disclosures (Wall, Mabern)
August 30, 2022 Filing 23 MOTION to Stay Discovery, MOTION and Objection to Providing Initial Disclosures by Nathan Babelay, Daniel J Kembel, Knoxville Utilities Board, John Piotrowski, Brooke Sinclair. (Wall, Mabern)
August 26, 2022 Filing 22 NOTICE OF NONCONSENT to Magistrate Judge by J. Cumby Construction, Inc. (Noell, Robert)
August 19, 2022 Opinion or Order Filing 21 ORDER granting #19 Motion to Exceed Page Limit for Motion to Dismiss Amended Complaint. For good cause shown, and because Plaintiff has notified chambers that there is no opposition, the Motion is GRANTED. Defendants may file a brief not to exceed 35 pages in length. This entry is the complete Order of the Court. No document is attached. Signed by District Judge Charles E. Atchley, Jr. on August 19, 2022. (BJB)
August 18, 2022 Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nathan Babelay, Daniel J Kembel, Knoxville Utilities Board, John Piotrowski, Brooke Sinclair. (Attachments: #1 Exhibit A - Procurement Guidelines Dec 1 2020, #2 Exhibit B - Knoxville Charter, Article XI, #3 Exhibit C - Resolution 1197 with Procurement Procedures, #4 Exhibit D - Rules and Regulations for Water, #5 Exhibit E - Rules and Regulations for WW)(Wall, Mabern)
August 16, 2022 Filing 19 MOTION to Exceed Page Limit for Motion to Dismiss Amended Complaint by Nathan Babelay, Daniel J Kembel, Knoxville Utilities Board, John Piotrowski, Brooke Sinclair. (Wall, Mabern)
August 4, 2022 Filing 18 RESPONSE in Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by J. Cumby Construction, Inc.. (Noell, Robert)
August 4, 2022 Filing 17 AMENDED COMPLAINT against All Defendants., filed by J. Cumby Construction, Inc.. (Attachments: #1 Exhibit A. Email dated April 2, 2022, #2 Exhibit B. Initial draft of Change Order No. 1, #3 Exhibit C. JCC letter to KUB Dated June 22, 2021, #4 Exhibit D. Change Order No. 3, #5 Exhibit E. Kembel's January 18, 2022 letter, #6 Exhibit F. KUB's March 14, 2022 letter, #7 Exhibit G. JCC's April 29, 2022 letter, #8 Exhibit H. Suspension Letter, #9 Exhibit I. Kembel's June 16, 2022 letter, #10 Exhibit J. Procurement Procedures, #11 Exhibit K. Procurement Guidelines, #12 Exhibit L. KUB's New Procurement Appeal Procedures)(Noell, Robert)
July 19, 2022 Opinion or Order Filing 16 ORDER SETTING SCHEDULING CONFERENCE Scheduling Conference set for 9/9/2022 11:00 AM in Judge's Chambers (Telephonic Hearing) before District Judge Charles E Atchley Jr.Signed by District Judge Charles E Atchley, Jr on 7/19/2022. (DJH)
July 14, 2022 Opinion or Order Filing 15 ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Charles E Atchley, Jr on 7/14/22. (Attachments: #1 Other Notice of Consent/Non-Consent) (ABF)
July 14, 2022 Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nathan Babelay, Daniel J Kembel, Knoxville Utilities Board, John Piotrowski, Brooke Sinclair. (Attachments: #1 Exhibit A - Procurement Guidelines, #2 Exhibit B - Knoxville Charter, Article XI, #3 Exhibit C - Resolution 1197 with Procurement Procedures)(Wall, Mabern)
June 23, 2022 Filing 13 STIPULATION on Extension of Time to Respond to the Complaint by All Defendants. (Wall, Mabern)
June 6, 2022 Filing 12 SUMMONS Returned Executed by J. Cumby Construction, Inc.. Nathan Babelay served on 6/6/2022. (Noell, Robert)
June 6, 2022 Filing 11 SUMMONS Returned Executed by J. Cumby Construction, Inc.. Brooke Sinclair served on 6/6/2022. (Noell, Robert)
June 6, 2022 Filing 10 SUMMONS Returned Executed by J. Cumby Construction, Inc.. John Piotrowski served on 6/6/2022. (Noell, Robert)
June 6, 2022 Filing 9 SUMMONS Returned Executed by J. Cumby Construction, Inc.. Daniel J Kembel served on 6/6/2022. (Noell, Robert)
June 6, 2022 Filing 8 SUMMONS Returned Executed by J. Cumby Construction, Inc.. Knoxville Utilities Board served on 6/6/2022. (Noell, Robert)
June 6, 2022 Opinion or Order Filing 7 Order Governing Sealing Confidential Information.Signed by District Judge Charles E Atchley, Jr on June 6, 2022. (SAC)
June 6, 2022 Opinion or Order Filing 6 Order Governing Motions To Dismiss.Signed by District Judge Charles E Atchley, Jr on June 6, 2022. (SAC)
June 6, 2022 Opinion or Order Filing 5 Order Governing Depositions.Signed by District Judge Charles E Atchley, Jr on June 6, 2022. (SAC)
June 6, 2022 Filing 4 Summons Issued as to Nathan Babelay, Daniel J Kembel, Knoxville Utilities Board, John Piotrowski, Brooke Sinclair. (SAC)
June 6, 2022 Filing 3 SUPPLEMENT to #1 Complaint,, Summons to Knoxville Utilities Board by J. Cumby Construction, Inc.. (Attachments: #1 Summons Summons to Daniel J. Kembel, #2 Summons Summons to John Piotrowski, #3 Summons Summons to Brooke Sinclair, #4 Summons Summons to Nathan Babelay)(Noell, Robert)
June 6, 2022 District Judge Charles E Atchley, Jr and Magistrate Judge Jill E McCook added. (SAC)
June 3, 2022 Filing 2 Certificate of Corporate Interest by J. Cumby Construction, Inc.. (Noell, Robert)
June 3, 2022 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ATNEDC-5078276.), filed by J. Cumby Construction, Inc.. (Attachments: #1 Exhibit A - April 2, 2020 Email from KUB, #2 Exhibit B - Initial Draft of Change Order No. 1, #3 Exhibit C - June 2, 2021 Letter from J. Cumby Construction, #4 Exhibit D - Change Order No. 3, #5 Exhibit E - January 18, 2022 Letter from KUB, #6 Exhibit F - March 14, 2022 Letter from KUB, #7 Exhibit G - April 29, 2022 Letter from J. Cumby Construction, #8 Exhibit H -May 2, 2022 Suspension Letter from KUB, #9 Other Civil Cover Sheet)(Noell, Robert)

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Search for this case: J. Cumby Construction, Inc. v. Knoxville Utilities Board et al
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Plaintiff: J. Cumby Construction, Inc.
Represented By: David J. Cantrell
Represented By: Dean Thomas Howell
Represented By: Kaitlin F. Tweel
Represented By: Robert P Noell
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Defendant: Knoxville Utilities Board
Represented By: Mabern E Wall
Represented By: J William Coley
Represented By: Joshua M Ball
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Defendant: Daniel J Kembel
Represented By: Mabern E Wall
Represented By: J William Coley
Represented By: Joshua M Ball
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Defendant: John Piotrowski
Represented By: Mabern E Wall
Represented By: J William Coley
Represented By: Joshua M Ball
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Defendant: Brooke Sinclair
Represented By: Mabern E Wall
Represented By: J William Coley
Represented By: Joshua M Ball
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Defendant: Nathan Babelay
Represented By: Mabern E Wall
Represented By: J William Coley
Represented By: Joshua M Ball
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