Frank's Paving Company, Inc. v. Herman Construction Group, Inc. et al
Plaintiff: United States of America, For Use and in Benefit of Frank's Paving Company, Inc. and Frank's Paving Company, Inc.
Defendant: Herman Construction Group, Inc. and Liberty Mutual Insurance Company
Case Number: 5:2023cv01107
Filed: September 1, 2023
Court: US District Court for the Western District of Texas
Presiding Judge: Xavier Rodriguez
Nature of Suit: Miller Act
Cause of Action: 40 U.S.C. ยง 3131 Miller Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2023 Filing 9 Joint MOTION to Compel Arbitration and Stay Proceedings by Frank's Paving Company, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Proposed Order Proposed Order)(Burwell, Christopher)
October 13, 2023 Opinion or Order Text Order GRANTING #9 Joint Motion to Compel Arbitration and Stay Proceedings entered by Judge Xavier Rodriguez. This case and all pending deadlines are STAYED pending the completion of arbitration. The Court further concludes that this case is appropriate for administrative closure. See Mire v. Full Spectrum Lending, Inc., 389 F.3d 163, 167 (5th Cir. 2014) ("District courts frequently make use of this device to remove from their pending cases suits which are temporarily active elsewhere (such as before an arbitration panel) or stayed (such as where a bankruptcy is pending). The effect of an administrative closure is no different from a simple stay...."). The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this case pending further order of the Court. Though administratively closed, this case will still exist on the docket of this Court and may be reopened upon request of any party or on the Courts own motion. The parties shall file an advisory every 90 days concerning the progress of the arbitration and shall file an advisory within 14 days of completion of the arbitration concerning whether the case can be dismissed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dllc)
October 12, 2023 Opinion or Order Text Order GRANTING #8 Joint Motion for Extension of Time for Defendants to Respond to Complaint entered by Judge Xavier Rodriguez. Defendants' deadline to answer or otherwise respond to Plaintiff's Complaint is hereby extended to November 14, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dllc)
October 12, 2023 Reset Deadlines: Herman Construction Group, Inc. answer due 11/14/2023; Liberty Mutual Insurance Company answer due 11/14/2023. (wg)
October 11, 2023 Filing 8 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Herman Construction Group, Inc., Liberty Mutual Insurance Company. (Attachments: #1 Proposed Order)(Cooperrider, Brittany)
September 29, 2023 Reset Deadlines: Herman Construction Group, Inc. answer due 10/12/2023; Liberty Mutual Insurance Company answer due 10/12/2023. (wg)
September 29, 2023 Opinion or Order Text Order GRANTING #7 Motion for Extension of Time to Answer Plaintiff's Complaint entered by Judge Xavier Rodriguez. The Court construes the parties' Joint Stipulation Extending Time for Defendants to Respond to Complaint as an Unopposed Motion for an Extension of Time to Answer Plaintiff's Complaint, which the Court GRANTS. Defendants' deadline to answer or otherwise respond to Plaintiff's Complaint is hereby extended to October 12, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dllc)
September 29, 2023 Notice of Correction: Changed Stipulation to Motion for Extension of Time to File Answer to Complaint. re #7 MOTION for Extension of Time to File Answer. (wg)
September 28, 2023 Filing 7 MOTION Extending Time for Defendants to Respond to Complaint by Herman Construction Group, Inc., Liberty Mutual Insurance Company. (Attachments: #1 Proposed Order)(Cooperrider, Brittany) Modified on 9/29/2023 (wg).
September 18, 2023 Filing 6 SUMMONS Returned Executed by Frank's Paving Company, Inc.. All Defendants. (Bailey, Johnathan)
September 8, 2023 Filing 5 Summons Issued as to Liberty Mutual Insurance Company. (wg)
September 6, 2023 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS by United States of America, For Use and in Benefit of Frank's Paving Company, Inc.. onto Liberty Mutual Insurance Company (Burwell, Christopher)
September 5, 2023 Filing 3 Summons Issued as to Herman Construction Group, Inc., Liberty Mutual Insurance Company. (wg)
September 1, 2023 Case assigned to Judge Xavier Rodriguez. 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. (wg)
September 1, 2023 If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (wg)
September 1, 2023 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by United States of America, For Use and in Benefit of Frank's Paving Company, Inc.. (Burwell, Christopher)
September 1, 2023 Filing 1 COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-17839379), filed by United States of America, For Use and in Benefit of Frank's Paving Company, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Burwell, Christopher)

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Plaintiff: United States of America, For Use and in Benefit of Frank's Paving Company, Inc.
Represented By: Christopher Gerald Burwell
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Plaintiff: Frank's Paving Company, Inc.
Represented By: Christopher Gerald Burwell
Represented By: Johnathan M. Bailey
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Defendant: Herman Construction Group, Inc.
Represented By: Brittany C. Cooperrider
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Defendant: Liberty Mutual Insurance Company
Represented By: Brittany C. Cooperrider
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