Elk Mountain Construction Company, Inc. v. Huff and Associates Construction Co., Inc.
Plaintiff: Elk Mountain Construction Company, Inc.
Defendant: Huff and Associates Construction Co., Inc.
Case Number: 2:2018cv00089
Filed: October 16, 2018
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Joe Brown
Referring Judge: Waverly D Crenshaw
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 28, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 28, 2018 Opinion or Order Filing 16 ORDER: Huff's Motion to Compel Arbitration and Stay Proceedings ( #10 ) is hereby GRANTED and this case is STAYED pending the completion of arbitration. The Clerk of the Court shall ADMINISTRATIVELY CLOSE this case, subject to reopening at the request of the parties at the conclusion of arbitration. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/28/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
November 27, 2018 Filing 15 OBJECTIONS TO MAGISTRATE JUDGES REPORT AND RECOMMENDATION filed by Huff and Associates Construction Co., Inc. re 13 Order on Motion to Amend/Correct. (Pennington, Thomas)
November 21, 2018 Filing 14 FIRST AMENDED COMPLAINT against Huff and Associates Construction Co., Inc., filed by Elk Mountain Construction Company, Inc.(gb)
November 21, 2018 Opinion or Order Filing 13 ORDER granting #9 Motion to Amend Complaint. The defendants have advised they do not oppose the amendment (DE 12). The motion is granted and the clerk will file the amended complaint attached to the motion as the First Amended Complaint in this case. The Motion to refer to arbitration is for the District Judge, but it appears to be unopposed except the Defendant requests the Plaintiff be directed to pay the initial filing fee for arbitration. The plaintiff has not filed a response to this request so unless they have an objection it appears the motion to arbitrate should be granted and the case closed pending the results of arbitration. (JBB)
November 11, 2018 Filing 12 RESPONSE to Motion re #10 MOTION to Compel Arbitration and Stay Proceedings filed by Elk Mountain Construction Company, Inc. (Tomkins, James)
November 5, 2018 Filing 11 CERTIFICATE OF SERVICE by Huff and Associates Construction Co., Inc. re #10 MOTION to Compel Arbitration and Stay Proceedings (Pennington, Thomas)
November 5, 2018 Filing 10 MOTION to Compel Arbitration and Stay Proceedings by Huff and Associates Construction Co., Inc. (Attachments: #1 Attachment Memorandum in Support of Defendant's Motion to Compel Arbitration and Stay Proceedings, #2 Attachment [Proposed] Order Granting Defendant's Motion to Compel Arbitration and Stay Proceedings)(Pennington, Thomas)
November 3, 2018 Filing 9 First MOTION to Amend/Correct Complaint by Elk Mountain Construction Company, Inc. (Attachments: #1 Exhibit Proposed First Amended Complaint)(Tomkins, James)
October 31, 2018 Filing 8 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Huff and Associates Construction Co., Inc. (Pennington, Thomas)
October 24, 2018 Opinion or Order Filing 7 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/24/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
October 21, 2018 Filing 6 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Elk Mountain Construction Company, Inc. (Tomkins, James)
October 17, 2018 Filing 5 CERTIFICATE OF SERVICE by Huff and Associates Construction Co., Inc. re #1 Notice of Removal, (Pennington, Thomas)
October 17, 2018 Filing 4 NOTICE of Initial Case Management Conference set for 12/13/2018 at 10:30 AM in Cookeville before Magistrate Judge Joe Brown. (gb)
October 17, 2018 Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (gb)
October 17, 2018 Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (gb)
October 17, 2018 TN State Bar status verified as active for James R. Tomkins and Thomas Thorp Pennington. (gb)
October 16, 2018 Filing 1 NOTICE OF REMOVAL by Huff and Associates Construction Co., Inc. from Putnam County Chancery Court, case number 2018-141. (Filing fee paid $400 receipt number 0650-2776030) (Attachments: #1 Exhibit A - State Court Documents, #2 Attachment Civil Cover Sheet)(gb)

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Plaintiff: Elk Mountain Construction Company, Inc.
Represented By: James R. Tomkins
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Defendant: Huff and Associates Construction Co., Inc.
Represented By: Thomas Thorp Pennington
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