J. Cumby Construction, Inc. v. Knoxville Utilities Board et al
| J. Cumby Construction, Inc. |
| Knoxville Utilities Board, Daniel J Kembel, John Piotrowski, Brooke Sinclair and Nathan Babelay |
| 3:2022cv00202 |
| June 3, 2022 |
| US District Court for the Eastern District of Tennessee |
| Charles E Atchley |
| Jill E McCook |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 65 STATUS REPORT (Joint) by J. Cumby Construction, Inc.. (Howell, Dean) |
| Filing 64 REPORT of Mediation (ABF) |
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)
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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)
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| 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) |
| Filing 61 Joint MOTION Modify Scheduling Order and Joint Motion for Status Conference by J. Cumby Construction, Inc.. (Howell, Dean) |
| Filing 60 SUBPOENA Returned Executed as to Jacobs Engineering Group, Inc. on 04/03/2023 (Cantrell, David) |
| Filing 59 NOTICE by J. Cumby Construction, Inc. of Subpoena to Jacobs Engineering Group, Inc. (Cantrell, David) |
| Filing 58 SUBPOENA Returned Unexecuted as to Jacobs Engineering Group, Inc. on 04/03/2023. (Cantrell, David) |
| Filing 57 NOTICE by J. Cumby Construction, Inc. of Subpoena to Jacobs Engineering Group, Inc. (Attachments: #1 Exhibit Subpoena)(Cantrell, David) |
| Filing 56 NOTICE by J. Cumby Construction, Inc. of Subpoena to S&ME, Inc. (Attachments: #1 Exhibit Subpoena)(Cantrell, David) |
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Filing 55
FEDERAL RULE OF EVIDENCE 502 CLAWBACK ORDER. Signed by Magistrate Judge Jill E McCook on 3/7/23. (ABF)
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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)
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| 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) |
| Filing 52 RESPONSE to Motion re #50 MOTION for Status Conference and to Modify Scheduling Order filed by J. Cumby Construction, Inc.. (Howell, Dean) |
| 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) |
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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)
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| 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) |
| Filing 49 RESPONSE to Motion re #48 MOTION for Entry of a Rule 502 Clawback Order filed by J. Cumby Construction, Inc.. (Howell, Dean) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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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)
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| Filing 41 STIPULATION REGARDING CONTINUING TIME FOR DEFENDANTS DISCOVERY RESPONSES (JOINT) by All Defendants. (Wall, Mabern) |
| Filing 40 RESPONSE in Opposition re #38 MOTION to Dismiss Second Amended Complaint filed by J. Cumby Construction, Inc.. (Noell, Robert) |
| Filing 39 MOTION for Leave to File Excess Pages by J. Cumby Construction, Inc.. (Howell, Dean) |
| 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) |
| 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) |
| 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) |
| 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) |
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Filing 34
ORDER granting #28 Motion to Amend/Correct. Signed by District Judge Charles E Atchley, Jr on 9/16/2022. (AML)
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| 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) |
| 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) |
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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)
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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)
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| 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) |
| 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) |
| Filing 28 MOTION to Amend/Revise The Amended Complaint and File Second Amended Complaint by J. Cumby Construction, Inc.. (Attachments: #1 Exhibit)(Cantrell, David) |
| 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) |
| 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) |
| Filing 25 REPORT of Rule 26(f) Planning Meeting. (Howell, Dean) |
| 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) |
| 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) |
| Filing 22 NOTICE OF NONCONSENT to Magistrate Judge by J. Cumby Construction, Inc. (Noell, Robert) |
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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)
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| 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) |
| 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) |
| Filing 18 RESPONSE in Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by J. Cumby Construction, Inc.. (Noell, Robert) |
| 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) |
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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)
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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)
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| 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) |
| Filing 13 STIPULATION on Extension of Time to Respond to the Complaint by All Defendants. (Wall, Mabern) |
| Filing 12 SUMMONS Returned Executed by J. Cumby Construction, Inc.. Nathan Babelay served on 6/6/2022. (Noell, Robert) |
| Filing 11 SUMMONS Returned Executed by J. Cumby Construction, Inc.. Brooke Sinclair served on 6/6/2022. (Noell, Robert) |
| Filing 10 SUMMONS Returned Executed by J. Cumby Construction, Inc.. John Piotrowski served on 6/6/2022. (Noell, Robert) |
| Filing 9 SUMMONS Returned Executed by J. Cumby Construction, Inc.. Daniel J Kembel served on 6/6/2022. (Noell, Robert) |
| Filing 8 SUMMONS Returned Executed by J. Cumby Construction, Inc.. Knoxville Utilities Board served on 6/6/2022. (Noell, Robert) |
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Filing 7
Order Governing Sealing Confidential Information.Signed by District Judge Charles E Atchley, Jr on June 6, 2022. (SAC)
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Filing 6
Order Governing Motions To Dismiss.Signed by District Judge Charles E Atchley, Jr on June 6, 2022. (SAC)
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Filing 5
Order Governing Depositions.Signed by District Judge Charles E Atchley, Jr on June 6, 2022. (SAC)
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| Filing 4 Summons Issued as to Nathan Babelay, Daniel J Kembel, Knoxville Utilities Board, John Piotrowski, Brooke Sinclair. (SAC) |
| 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) |
| District Judge Charles E Atchley, Jr and Magistrate Judge Jill E McCook added. (SAC) |
| Filing 2 Certificate of Corporate Interest by J. Cumby Construction, Inc.. (Noell, Robert) |
| 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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