Vulcan Construction Materials, LLC v. Travelers Casualty and Surety Company of America et al
| Vulcan Construction Materials, LLC |
| Travelers Casualty and Surety Company of America, Crescent-McKee JV, Crescent Constructors, Inc. and McKee Utility Contractors, Inc. |
| 4:2022cv00902 |
| October 19, 2022 |
| US District Court for the Eastern District of Texas |
| Sean D Jordan |
| Amos L Mazzant |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on November 14, 2022. A more recent docket listing may be available from PACER.
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Filing 20
ORDER. Before the Court is the parties' Joint Motion to Consolidate Cases, (Dkt. #14), filed in Cause No. 4:22-CV-831, seeking the consolidation of this case with Cause No. 4:21-CV-902 (Vulcan Construction Materials). To avoid unnecessary cost or delay and because Vulcan Construction Materials will share common questions of law or fact with Cause No. 4:22-CV-831 (the Lead Case), the motion is GRANTED. Accordingly, Vulcan Construction Materials is hereby ORDERED to be CONSOLIDATED for all purposes with the Lead Case. Signed by District Judge Sean D. Jordan on 11/14/2022. (kls, )
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Filing 19
TRANSFER ORDER. It is hereby ORDERED that this civil action is transferred to the Honorable Sean D. Jordan, effective immediately. Signed by District Judge Amos L. Mazzant, III on 11/10/2022. (rpc, )
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Filing 18
ORDER granting #13 Motion for Extension of Time to Answer. Signed by District Judge Amos L. Mazzant, III on 10/24/2022. (rpc, )
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Filing 17
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 11/28/2022. Rule 16 Management Conference set for 12/12/2022 at 03:00 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 10/21/2022. (rpc, )
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| Filing 16 McKee Utility Contractors, Inc. ANSWER to #10 Complaint, by McKee Utility Contractors, Inc..(Robelen, Scott) |
| Filing 15 Crescent-McKee JV and Crescent Constructors ANSWER to #10 Complaint, by Crescent Constructors, Inc., Crescent-McKee JV.(Robelen, Scott) |
| Filing 14 Travelers Casualty and Surety Company of America ANSWER to #10 Complaint, by Travelers Casualty and Surety Company of America.(Robelen, Scott) |
| Filing 13 First MOTION for Extension of Time to File Answer re #10 Complaint, by Crescent Constructors, Inc., Crescent-McKee JV, McKee Utility Contractors, Inc., Travelers Casualty and Surety Company of America. (Attachments: #1 Text of Proposed Order Proposed Order)(Robelen, Scott) |
| Filing 12 ***FILED IN ERROR. PLEASE DISREGARD. SEE DKT #13 *** First MOTION for Extension of Time to File Answer by Crescent Constructors, Inc., Crescent-McKee JV, McKee Utility Contractors, Inc., Travelers Casualty and Surety Company of America. (Attachments: #1 Text of Proposed Order Proposed Order)(Robelen, Scott) Modified on 10/20/2022 (rpc, ). |
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Filing 11
ORDER AND ADVISORY. Signed by District Judge Amos L. Mazzant, III on 10/20/2022. (rpc, )
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| ***FILED IN ERROR. Document # 12, First MOTION for Extension of Time to File Answer. PLEASE IGNORE.*** (rpc, ) |
| Filing 10 ***ORIGINALLY FILED IN STATE COURT*** COMPLAINT against Crescent Constructors, Inc., Crescent-McKee JV, McKee Utility Contractors, Inc., Travelers Casualty and Surety Company of America, filed by Vulcan Construction Materials, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(rpc, ) |
| Filing 9 Case transferred in from District of Texas Northern; Case Number 4:22-cv-00899. Original file certified copy of transfer order and docket sheet received. |
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Filing 8
ORDER: Before the Court is the Parties' Joint Motion to Transfer Venue (ECF No. #7 ), filed October 19, 2022. The Parties request that the Court transfer the case to the Eastern District of Texas, Sherman Division because a substantial part of the events occurred in the Eastern District. See 28 U.S.C. 1404(a), 1391(b)(2). The Court hereby GRANTS the Motion and TRANSFERS the case to the Eastern District of Texas, Sherman Division. (Ordered by Judge Reed C. O'Connor on 10/19/2022) (sre) [Transferred from Texas Northern on 10/19/2022.]
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| Filing 7 Joint MOTION to Transfer Case out of District/Division Motion to Transfer Venue filed by Crescent Constructors, Inc., Crescent-McKee JV, McKee Utility Contractors, Inc., Travelers Casualty and Surety Company of America (Robelen, Scott) [Transferred from Texas Northern on 10/19/2022.] |
| Note: Pursuant to Local Rule CV 7(j), any motions pending in another federal or state court made by any party will be considered moot at the time of transfer or removal unless they are re-urged in this court. (rpc, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, ) |
| Case Assigned to District Judge Amos L. Mazzant, III. (rpc, ) |
| Filing 6 MOTION to Substitute Attorney, added attorney Lee Elms,Robert L Sayles for Vulcan Construction Materials, LLC. Motion filed by Vulcan Construction Materials, LLC (Attachments: #1 Proposed Order Order Granting Motion to Substitute Counsel) (Elms, Lee) [Transferred from Texas Northern on 10/19/2022.] |
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Filing 5
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before November 4, 2022. (Ordered by Judge Reed C. O'Connor on 10/7/2022) (sre) [Transferred from Texas Northern on 10/19/2022.]
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| Filing 4 New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (sre) [Transferred from Texas Northern on 10/19/2022.] |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Crescent Constructors, Inc., Crescent-McKee JV, McKee Utility Contractors, Inc., Travelers Casualty and Surety Company of America. (Clerk QC note: No affiliate entered in ECF). (Robelen, Scott) [Transferred from Texas Northern on 10/19/2022.] |
| Filing 2 NOTICE of Related Case filed by Crescent Constructors, Inc., Crescent-McKee JV, McKee Utility Contractors, Inc., Travelers Casualty and Surety Company of America (Robelen, Scott) [Transferred from Texas Northern on 10/19/2022.] |
| Filing 1 NOTICE OF REMOVAL filed by Crescent Constructors, Inc., Crescent-McKee JV, Travelers Casualty and Surety Company of America, McKee Utility Contractors, Inc.. (Filing fee $402; receipt number ATXNDC-13207535) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Robelen, Scott) [Transferred from Texas Northern on 10/19/2022.] |
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