C M Construction & Excavation L L C v. Worley Services Inc et al

Plaintiff: C M Construction & Excavation L L C
Defendant: Worley Services, Inc. and SureTec Insurance Co
Case Number: 2:2019cv00183
Filed: July 3, 2019
Court: US District Court for the Southern District of Texas
Office: Corpus Christi Office
Presiding Judge: David S Morales
Nature of Suit: Miller Act
Cause of Action: 40:270
Jury Demanded By: None

Docket Report

This docket was last retrieved on August 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 21, 2019 Filing 38 Proposed Scheduling Order by C M Construction & Excavation L L C, SureTec Insurance Co, Worley Services, Inc., filed.(lrivera, 2)
August 21, 2019 Minute Entry for proceedings held before Judge David S Morales. Status of case discussed. Proposed Scheduling Order will be sent to all parties. All parties are to inform the Court if in agreement or if any changes are needed. Status conference to be set in 60 days.STATUS CONFERENCE held on 8/21/2019. Appearances: Timothy K Reynolds, Tyler Michelle Frankel, Hector Manuel Benavides, Brian Wesley Capell, Court C VanTassell.(Digital # 10:05 - 10:17)(ERO:Angel Mireles), filed.(lrivera, 2)
August 20, 2019 Filing 37 NOTICE of Appearance by Johnathan M. Bailey and Hector Benavides on behalf of Worley Services, Inc., filed. (Bailey, Jonathan)
August 20, 2019 Filing 36 NOTICE of Appearance by Tyler M. Frankel on behalf of SureTec Insurance Co, filed. (Frankel, Tyler)
August 19, 2019 Filing 35 NOTICE of Setting. Parties notified. Telephone Conference set for 8/21/2019 at 10:00 AM before Judge David S Morales, filed. (arodriguez, 2)
August 14, 2019 Filing 34 NOTICE of Setting. Parties notified. Status Conference set for 8/21/2019 at 10:00 AM before Judge David S Morales, filed. (arodriguez, 2)
July 3, 2019 Filing 33 Case transferred in from Louisiana Western. Case Number 6:19-cv-00048; received electronically
July 3, 2019 Filing 32 JUDGMENT adopting #31 Report and Recommendations; granting #10 MOTION to Dismiss or MOTION to Transfer Case for Improper Venue under Rule 12(b)(3) . Signed by Judge Robert R Summerhays on 7/2/2019. (crt,Jordan, P) Modified on 7/3/2019 to edit text and to modify action type on order (Williams, L).
April 29, 2019 Filing 31 REPORT AND RECOMMENDATIONS re #10 MOTION to Dismiss under Rule 12(b)(3)MOTION to Transfer Case for Improper Venue filed by Worley Services Inc. Considering the evidence, the law, and the arguments of the parties, and for the reasons fully explained herein, it is recommended that Worley's Motion be GRANTED and that this suit be transferred to the Southern District of Texas. Objections to R&R due by 5/13/2019. Signed by Magistrate Judge Patrick J Hanna on 4/29/2019. (crt,Alexander, E)
April 17, 2019 Filing 30 AMENDED DOCUMENT by C M Construction & Excavation L L C. Amendment to #24 Memorandum in Opposition to Motion. (crt,Alexander, E)
April 17, 2019 Opinion or Order Filing 29 ELECTRONIC ORDER. IT IS ORDERED that the plaintiff's Motion to Amend/Correct (Rec. Doc. 27) is GRANTED. Signed by Magistrate Judge Patrick J Hanna on 4/17/2019. (crt,Nations, S)
April 17, 2019 Opinion or Order Filing 28 ELECTRONIC ORDER. IT IS ORDERED that the motion to withdraw as counsel (Rec. Doc. 26) is GRANTED, and attorney Thomas St. Germain is withdrawn from representing the plaintiff, CM Construction & Excavation, LLC in the lead and member matters. Signed by Magistrate Judge Patrick J Hanna on 4/17/2019. (crt,Nations, S)
April 15, 2019 Motions Transferred regarding #27 First MOTION to Amend/Correct with consent . Motions referred to Magistrate Judge Patrick J Hanna. (crt,ThomasSld, T)
April 15, 2019 Motions Transferred regarding #27 First MOTION to Amend/Correct with consent . Motions referred to Judge Robert R Summerhays. (crt,ThomasSld, T)
April 15, 2019 Filing 27 First MOTION to Amend/Correct #24 MEMORANDUM in Opposition with consent by C M Construction & Excavation L L C. Motions referred to Patrick J Hanna. (Attachments: #1 Exhibit Amended Memorandum)(aty,Reynolds, Timothy) Modified to add docket entry relationship, edit docket text and to indicate proposed order filed within PDF image of main document on 4/15/2019 (ThomasSld, T). (Main Document 27 modified to rotate pages and replaced on 4/15/2019) (ThomasSld, T). (Attachment 1 modified to rotate pages and replaced on 4/15/2019) (ThomasSld, T).
April 15, 2019 Filing 26 First MOTION to Withdraw Thomas St. Germain as Attorney by C M Construction & Excavation L L C. Motions referred to Patrick J Hanna. (aty,Reynolds, Timothy) Modified to indicate proposed order filed within PDF image of main document on 4/15/2019 (ThomasSld, T).
March 28, 2019 Filing 25 REPLY to Response to Motion re #10 MOTION to Dismiss under Rule 12(b)(3)MOTION to Transfer Case for Improper Venue filed by Worley Services Inc. ADMINISTRATIVE ENTRY as this document was filed incorrectly as a Memorandum in Support. (crt,Bunting, M) Modified to add document number on 3/28/2019 (Bunting, M).
March 21, 2019 Filing 24 MEMORANDUM in Opposition re #10 MOTION to Dismiss under Rule 12(b)(3)MOTION to Transfer Case for Improper Venue filed by C M Construction & Excavation L L C. (aty,Reynolds, Timothy)
March 14, 2019 Filing 23 CORPORATE DISCLOSURE STATEMENT by SureTec Insurance Co identifying Corporate Parent Markel Corporation for SureTec Insurance Co. (aty,James, David)
March 14, 2019 Opinion or Order Filing 22 ELECTRONIC ORDER. It is hereby ordered that oral argument on the Motion to Transfer Case or Dismiss [Doc. #10] is CANCELLED. The motion will be decided on the briefs. Signed by Magistrate Judge Patrick J Hanna on 3/14/2019. (crt,Gardner, C)
March 13, 2019 Filing 19 AMENDED NOTICE of Motion Setting with oral argument regarding: #10 MOTION to Dismiss or MOTION to Transfer Case for Improper Venue under Rule 12(b)(3). Motion day set for 4/18/2019 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Reeves, T)
March 12, 2019 Filing 21 NOTICE of Consolidation by Clerk (crt,Putch, A)
March 12, 2019 Opinion or Order Filing 20 ORDER granting #11 Motion to Consolidate Cases. Lead Case Number: 6:19-cv-00048. Member Case Number(s): 6:19-cv-00218. Signed by Magistrate Judge Patrick J Hanna on 3/12/2019. (crt,Putch, A)
March 8, 2019 Opinion or Order Filing 18 ORDER granting #17 Motion to Appear Pro Hac Vice for appearance of Andrew F Carter for SureTec Insurance Co. Signed by Magistrate Judge Patrick J Hanna on 3/8/2019. (crt,Chicola, C)
March 6, 2019 Filing 17 MOTION for Andrew F. Carter to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-3892173) by SureTec Insurance Co. Motions referred to Patrick J Hanna. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,James, David)
March 1, 2019 Filing 16 NOTICE of Corporate Disclosure Statement Requirement re: #9 Answer to Complaint, sent to David Earl James on behalf of SureTec Insurance Co. Corporate Disclosure Statement due by 3/15/2019. (crt,Reeves, T)
March 1, 2019 Filing 15 NOTICE of Motion Setting regarding: #10 MOTION to Dismiss or Transfer case under Rule 12(b)(3) MOTION to Transfer Case for Improper Venue. Motions referred to Judge Robert R Summerhays. (crt,Reeves, T)
February 28, 2019 NOTICE of Corrective Action to Brian Wesley Capell on behalf of Worley Services Inc regarding #10 MOTION to Dismiss or Transfer case under Rule 12(b)(3) for improper venue and MOTION to Expedite. Action taken: Modified to remove motion relief to Expedite as request not contained in pdf. Modified #11 MOTION to Consolidate Case to edit text to correct case number to reflect as Lafayette division case, 6:19-cv-00218. (crt,Reeves, T)
February 28, 2019 Filing 14 CORPORATE DISCLOSURE STATEMENT by Worley Services Inc. (aty,Capell, Brian)
February 28, 2019 Filing 13 ANSWER to #1 Complaint, by Worley Services Inc.(aty,Capell, Brian)
February 28, 2019 NOTICE of Corrective Action to Worley Services Inc regarding #12 Notice (Other),. Action taken: Terminated #12 Notice and modified docket text to indicate pleading filed in error in wrong case. (crt,Crick, S)
February 28, 2019 Filing 12 FILED IN ERROR. NOTICE by Worley Services Inc of Related Case and Motion to Consolidate (Attachments: #1 Exhibit A)(aty,Capell, Brian) Modified on 2/28/2019 to indicate electronically filed in error. Pleading filed in wrong case. (Crick, S).
February 28, 2019 Filing 11 MOTION to Consolidate Case with Case Number 6:19-cv-00218 with consent sought but not yet obtained by Worley Services Inc. Motions referred to Patrick J Hanna. (Attachments: #1 Proposed Order, #2 Memo in Support)(aty,Capell, Brian) Modified on 3/1/2019 to edit text to correct case number to reflect as Lafayette division case (Reeves, T).
February 28, 2019 Filing 10 MOTION to Dismiss or MOTION to Transfer Case for Improper Venue under Rule 12(b)(3) by Worley Services Inc. Motions referred to Patrick J Hanna. (Attachments: #1 Proposd Order, #2 Memo in Support)(Attorney Brian Wesley Capell added to party Worley Services Inc(pty:dft))(aty,Capell, Brian) Modified on 3/1/2019 to edit text and remove reference to motion to expedite relief since not requested in pdf and add Motion to Transfer for Improper Venue relief (Reeves, T).
February 28, 2019 Filing 9 Original ANSWER to #1 Complaint, by Suretec Insurance Co.(Attorney David Earl James added to party Suretec Insurance Co(pty:dft))(aty,James, David)
February 18, 2019 Filing 8 SUMMONS Returned Executed by C M Construction & Excavation L L C. Worley Services Inc served on 2/8/2019, answer due 3/1/2019. ADMINISTRATIVE ENTRY to capture answer due date, as this document was electronically filed in error as 8 Affidavit of Service. (crt,Putch, A) Modified on 2/22/2019 to add document number (Putch, A).
February 18, 2019 Filing 7 SUMMONS Returned Executed by C M Construction & Excavation L L C. Suretec Insurance Co served on 2/07/2019, answer due 2/28/2019. ADMINISTRATIVE ENTRY to capture answer due date, as this document was electronically filed in error as 7 Affidavit of Service.(crt,Putch, A) Modified on 2/22/2019 to add document number (Putch, A).
February 18, 2019 Filing 8 SUMMONS Returned Executed filed by C M Construction & Excavation L L C. Worley Services Inc served on 2/8/2019, answer due 3/1/2019. (aty,Reynolds, Timothy) Modified on 2/22/2019 to more accurately identify the pleading submitted (Putch, A).
February 18, 2019 Filing 7 SUMMONS Returned Executed filed by C M Construction & Excavation L L C. Suretec Insurance Co served on 2/07/2019, answer due 2/28/2019. (aty,Reynolds, Timothy) Modified on 2/22/2019 to more accurately identify the pleading submitted (Putch, A).
February 7, 2019 Filing 6 CORPORATE DISCLOSURE STATEMENT by C M Construction & Excavation L L C. (aty,Reynolds, Timothy)
February 7, 2019 Filing 5 SECOND NOTICE of Corporate Disclosure Statement Requirement, re: #3 Notice of Corporate Disclosure Statement Requirement, sent to Thomas E St Germain on behalf of C M Construction & Excavation L L C. Show Cause Response due by 2/21/2019. (crt,Mitchell, P)
January 22, 2019 Filing 4 SUMMONS ISSUED as to Suretec Insurance Co, Worley Services Inc (crt,Putch, A)
January 22, 2019 Filing 3 NOTICE of Corporate Disclosure Statement Requirement re: #1 Complaint sent to Thomas E St Germain on behalf of C M Construction & Excavation L L C. Corporate Disclosure Statement due by 2/5/2019. (crt,Putch, A)
January 22, 2019 Filing 2 CIVIL COVER SHEET by C M Construction & Excavation L L C. (aty,St Germain, Thomas) Modified on 1/22/2019 to replace Main Document 2 with non-fillable form (Putch, A).
January 15, 2019 CASE Assigned to Judge Robert R Summerhays and Magistrate Judge Patrick J Hanna. (crt,Putch, A)
January 15, 2019 Filing 1 COMPLAINT against Worley Services Inc, Suretec Insurance Co (Filing fee $400, receipt number 0536-3851123) filed by C M Construction & Excavation L L C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Attorney Thomas E St Germain added to party C M Construction & Excavation L L C.(pty:pla))(aty,St Germain, Thomas) Modified on 1/16/2019 to edit text (Putch, A).

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Defendant: Worley Services, Inc.
Represented By: Brian Wesley Capell
Represented By: Court C VanTassell
Represented By: Hector Manuel Benavides
Represented By: Jonathan M Bailey
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Defendant: SureTec Insurance Co
Represented By: Andrew F Carter
Represented By: David Earl James
Represented By: Tyler Michelle Frankel
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Plaintiff: C M Construction & Excavation L L C
Represented By: Timothy K Reynolds
Represented By: John Haas Weinstein
Represented By: Thomas E St Germain
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