J. Cumby Construction, Inc. v. Mastin's, Inc. et al
Plaintiff: J. Cumby Construction, Inc.
Defendant: Mastin's, Inc.
Counter Plaintiff: Federated Mutual Insurance Company
Case Number: 2:2020cv00018
Filed: March 19, 2020
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Waverly D Crenshaw
Referring Judge: Alistair Newbern
Nature of Suit: Insurance
Cause of Action: 28:1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 4, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 4, 2020 Filing 34 AMENDED COMPLAINT against Federated Mutual Insurance Company, Mastin's, Inc., filed by J. Cumby Construction, Inc.(vh) (Main Document 34 replaced on 5/4/2020) (vh).
May 4, 2020 Opinion or Order Filing 33 ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court rules as follows: J. Cumby Construction, Inc.'s Motion to Amend or Correct the Complaint (Doc. No. #16 ) is hereby GRANTED, and the Amended Complaint (Doc. No. 16-1) shall be filed as of record in this case. Cumby's Motion to Compel Arbitration (Doc. No. #22 ) is GRANTED. Mastin's Motion to Enjoin Arbitration, or in the Alternative, to Stay Arbitration Pending Judicial Determination of Arbitrability (Doc. No. #18 ) is DENIED. This case is hereby STAYED pending completion of the arbitration proceedings between Cumby and Mastin's. The Clerk of the Court is directed to ADMINISTRATIVELY CLOSE this as a pending case. Finally, as a housekeeping matter, Cumby's Motion to file a Sur-reply (Doc. No. #25 ) is GRANTED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/4/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
May 4, 2020 Filing 32 MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/4/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
May 2, 2020 Filing 31 REPLY filed by J. Cumby Construction, Inc. re #30 Response in Opposition to Motion, filed by Mastin's, Inc.. (Attachments: #1 Exhibit A-Arbitration correspondence to all parties)(Allen, Craig)
April 28, 2020 Filing 30 RESPONSE in Opposition re #22 MOTION to Compel Arbitration filed by Mastin's, Inc.. (Attachments: #1 Exhibit Ex. I, Cumby's Answer to Gazaway's Complaint, #2 Exhibit Ex. J, Cumbys Letter to AAA, Apr. 15, 2020, #3 Exhibit Ex. K, Mastins Second Letter to AAA, Apr. 17, 2020)(Weite, Carmen)
April 24, 2020 Filing 29 REPLY filed by J. Cumby Construction, Inc. re RESPONSE in Opposition re #16 Motion to Amend/Correct filed by J. Cumby Construction, Inc. (Allen, Craig) Modified on 4/24/2020 (mg).
April 23, 2020 Set/Reset Hearings: Initial Case Management Conference by Telephone reset for 6/8/2020 at 01:00 PM before Magistrate Judge Alistair Newbern. (vh)
April 23, 2020 Opinion or Order Filing 28 ORDER granting #27 Motion to Reset Initial Case Management Conference. Initial Case Management Conference is RESET to 6/8/2020 at 1:00 p.m. by Telephone. Signed by Magistrate Judge Alistair Newbern on 4/23/2020. (vh)
April 23, 2020 NOTICE TO FILER re DE#25 : This document has been scanned. Documents generated from a word processor (Word or WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. You do not have to refile this document, however, future scanned pleadings of this nature may require refiling. (vh)
April 23, 2020 Filing 27 Motion to Reset Initial Case Management Conference by J. Cumby Construction, Inc. (Allen, Craig) Modified on 4/23/2020 (vh).
April 21, 2020 Filing 26 RESPONSE in Opposition re #16 First MOTION to Amend/Correct and Complaint filed by Mastin's, Inc.. (Weite, Carmen)
April 21, 2020 Filing 25 MOTION to File a Sur-Reply re #18 MOTION to Stay/ Enjoin Arbitration with AAA filed by J. Cumby Construction, Inc. (Allen, Craig) Modified on 5/4/2020 (vh).
April 17, 2020 Filing 24 REPLY to Response to #18 MOTION to Stay/ Enjoin Arbitration with AAA filed by Mastin's, Inc. (Attachments: #1 Exhibit Ex. D, July 3, 2019 Letter from Cumbys Counsel, #2 Exhibit Ex. E, Third-Party Complaint.), #3 Exhibit Ex. F, Stand-Still and Tolling Agreement, #4 Exhibit Ex.G, Scheduling Order, #5 Exhibit Ex. H, Report of Parties Planning Meeting)(Weite, Carmen) Modified on 4/20/2020 (vh).
April 14, 2020 Filing 23 MEMORANDUM in Support of #22 MOTION to Compel Arbitration filed by J. Cumby Construction, Inc. . (Allen, Craig)
April 14, 2020 Filing 22 MOTION to Compel Arbitration by J. Cumby Construction, Inc.. (Allen, Craig)
April 14, 2020 Filing 21 RESPONSE to Motion re #18 MOTION to Stay / Enjoin Arbitration with AAA filed by J. Cumby Construction, Inc.. (Allen, Craig)
April 9, 2020 Set/Reset Hearings: Initial Case Management Conference reset by Telephone for 6/4/2020 at 09:30 AM before Magistrate Judge Alistair Newbern. (vh)
April 9, 2020 Opinion or Order Filing 20 ORDER granting in part #19 Motion to Continue Initial Case Management Conference. The initial case management conference is RESET for June 4, 2020,at 9:30 a.m., by telephone. The parties shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on 4/9/2020. (vh)
April 8, 2020 Filing 19 MOTION to Continue /Reset Initial Case Management Conference by Federated Mutual Insurance Company. (Ferrell, E.)
April 7, 2020 Filing 18 MOTION to Enjoin Arbitration with AAA or in the Alternative Stay Arbitration Pending Judicial Determination or Arbitration by Mastin's, Inc.. (Attachments: #1 Attachment Brief in Suppport of Enjoining Arbitration, #2 Exhibit Gazaway Complaint Against Cumby, #3 Exhibit Cumby Arbitration Demand, #4 Exhibit Mastin's Letter to AAA)(Kerr, Joseph) Modified on 4/8/2020 (vh).
April 7, 2020 Filing 17 MEMORANDUM in Support of #16 First MOTION to Amend/Correct and Complaint filed by J. Cumby Construction, Inc. . (Allen, Craig)
April 7, 2020 Filing 16 First MOTION to Amend/Correct and Complaint by J. Cumby Construction, Inc.. (Allen, Craig)
March 31, 2020 NOTICE TO FILER re DE#15 : This document has been scanned. Documents generated from a word processor (Word or WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. You do not have to refile this document, however, future scanned pleadings of this nature may require refiling. (gb)
March 30, 2020 Filing 15 ANSWER to #14 Answer to Counterclaim by J. Cumby Construction, Inc. (Allen, Craig)
March 26, 2020 TN State Bar status verified as active for Joseph L. Kerr, Jr. (gb)
March 26, 2020 Filing 14 FEDERATED MUTUAL INSURANCE COMPANY ANSWER to Complaint AND, COUNTERCLAIM against J. Cumby Construction, Inc. by Federated Mutual Insurance Company. (Attachments: #1 Exhibit 1 - Stand-Still and Tolling Agreement, #2 Exhibit 2 - Policy, #3 Exhibit 3 - Underlying Complaint)(Ferrell, E.)
March 25, 2020 Filing 13 BUSINESS ENTITY DISCLOSURE STATEMENT filed by J. Cumby Construction, Inc. (Allen, Craig)
March 25, 2020 Filing 12 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Mastin's, Inc. (Kerr, Joseph)
March 25, 2020 Filing 11 Mastin's, Inc ANSWER to Complaint by Mastin's, Inc. (Kerr, Joseph)
March 25, 2020 Opinion or Order Filing 10 ORDER granting #8 Motion for Carmen Weite and Jeffrey E. Friedman to Appear Pro Hac Vice. Signed by Kirk L. Davies on 3/25/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
March 24, 2020 Filing 9 NOTICE of Filing in Support re #8 MOTION for Leave to Appear Pro Hac Vice Carmen Weite MOTION for attorney Jeffrey E. Friedman to Appear Pro Hac Vice (paid $200 PHV fee; receipt number 0650-3112383) Certificate of Good Standing for Carmen Weite filed by Mastin's, Inc. (Kerr, Joseph) Modified on 3/26/2020 (gb).
March 24, 2020 Filing 8 MOTION for Leave to Appear Pro Hac Vice Carmen Weite, MOTION for attorney Jeffrey E. Friedman to Appear Pro Hac Vice (paid $200 PHV fee; receipt number 0650-3112383) by Mastin's, Inc. (Attachments: #1 Exhibit Jeff Friedman Motion for Pro Hac Vice, #2 Exhibit Jeff Friedman Certificate of Good Standing, #3 Exhibit Carmen Weite Motion for Pro Hac Vice)(Kerr, Joseph)
March 24, 2020 Filing 7 NOTICE of Appearance by Joseph L. Kerr, Jr on behalf of Mastin's, Inc. (Kerr, Joseph)
March 23, 2020 Filing 6 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Federated Mutual Insurance Company. (Ferrell, E.)
March 20, 2020 Opinion or Order Filing 5 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/20/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
March 20, 2020 NOTICE TO COUNSEL Jeffrey E. Friedman, Carmen E. Weite: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 4/10/2020. (gb)
March 19, 2020 NOTICE TO COUNSEL Jeffrey E. Friedman, Carmen E. Weite: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 4/9/2020. (gb)
March 19, 2020 Filing 4 NOTICE of Initial Case Management Conference set for 5/11/2020 at 11:00 AM in Cookeville before Magistrate Judge Alistair Newbern. (gb)
March 19, 2020 TN State Bar status verified as active for E. Jason Ferrell, Craig R. Allen and Benjamin T. Reese. AL State Bar status verified as active for Jeffrey E. Friedman, and Carmen E. Weite. (gb)
March 19, 2020 Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (gb)
March 19, 2020 Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (gb)
March 19, 2020 Filing 1 NOTICE OF REMOVAL by Federated Mutual Insurance Company, Mastin's, Inc. from Circuit Court for Putnam County, case number 2020-CV-30. (Filing fee paid $400 receipt number 0650-3109646) (Attachments: #1 Exhibit A - State Court Complaint, #2 Attachment Civil Cover Sheet)(gb)

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Defendant: Mastin's, Inc.
Represented By: Carmen E. Weite
Represented By: Jeffrey E. Friedman
Represented By: Joseph L. Kerr, Jr.
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Counter plaintiff: Federated Mutual Insurance Company
Represented By: E. Jason Ferrell
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Plaintiff: J. Cumby Construction, Inc.
Represented By: Benjamin T. Reese
Represented By: Craig R. Allen
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