Harkey, et al v. Milcon Construction, LLC et al
Plaintiff: Benny L Harkey Benny L. Harkey d/b/a Concho Carpet One and Benny L. Harkey United States of the Use of Benny L. Harkey D/B/A Concho Carpet One doing business as Concho Carpet One
Defendant: Milcon Construction, LLC and Developers Surety and Indemnity Company
Case Number: 5:2020cv01309
Filed: November 6, 2020
Court: US District Court for the Western District of Texas
Presiding Judge: Henry J Bemporad
Referring Judge: Jason K Pulliam
Nature of Suit: Miller Act
Cause of Action: 40 U.S.C. ยง 3131
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2020 Opinion or Order Filing 11 ORDER ADDING MOTION TO CONFERENCE Setting Hearing on #10 MOTION to Compel Arbitration MOTION to Stay Case : Motion Hearing set for 2/10/2021 2:30 PM before Judge Henry J. Bemporad. Signed by Judge Henry J. Bemporad. (bc)
December 2, 2020 Filing 10 MOTION to Compel Arbitration by Milcon Construction, LLC. (Attachments: #1 Proposed Order). Motions referred to Judge Henry J. Bemporad. (Burwell, Christopher). Added MOTION to Stay Case pending arbitration on 12/3/2020 (rg).
December 2, 2020 Filing 9 Milcon Construction ANSWER to #1 Complaint by Milcon Construction, LLC.(Burwell, Christopher)
December 1, 2020 Opinion or Order Filing 8 ORDER SETTING TELEPHONIC INITIAL PRETRIAL CONFERENCE, ( Scheduling Recommendations/Proposed Scheduling Order due by 2/5/2021 and Initial Pretrial Conference set for 2/10/2021 2:30 PM before Judge Henry J. Bemporad). Signed by Judge Henry J. Bemporad. (Attachments: #1 Consent Form)(bc)
December 1, 2020 Filing 7 DEVELOPERS SURETY AND INDEMNITY COMPANYS ANSWER to #1 Complaint . Attorney Christopher Gerald Burwell added to party Milcon Construction, LLC(pty:dft) by Milcon Construction, LLC.(Burwell, Christopher)
November 16, 2020 Filing 6 SUMMONS Returned Executed by Benny L. Harkey. Milcon Construction, LLC served on 11/12/2020, answer due 12/3/2020. (Allen, Samuel)
November 16, 2020 Filing 5 SUMMONS Returned Executed by Benny L. Harkey. Developers Surety and Indemnity Company served on 11/11/2020, answer due 12/2/2020. (Allen, Samuel)
November 10, 2020 Opinion or Order Filing 4 ORDER REFERRING CASE to Magistrate Judge Henry J. Bemporad. Signed by Judge Jason K. Pulliam. (bc)
November 9, 2020 Filing 3 Summons Issued as to Developers Surety and Indemnity Company and Milcon Construction, LLC. (bc)
November 6, 2020 Case assigned to Judge Jason K. Pulliam. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bc)
November 6, 2020 If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (bc)
November 6, 2020 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Benny L Harkey. (Allen, Samuel)
November 6, 2020 Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-14156839), filed by Benny L Harkey. (Attachments: #1 Civil Cover Sheet)(Allen, Samuel)

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Defendant: Milcon Construction, LLC
Represented By: Christopher Gerald Burwell
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Defendant: Developers Surety and Indemnity Company
Represented By: Christopher Gerald Burwell
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Plaintiff: Benny L Harkey Benny L. Harkey d/b/a Concho Carpet One
Represented By: Samuel S. Allen
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Plaintiff: Benny L. Harkey United States of the Use of Benny L. Harkey D/B/A Concho Carpet One doing business as Concho Carpet One
Represented By: Samuel S. Allen
Represented By: Amanda N. Crouch
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