Nails and Staples, Inc. v. Travelers Casualty & Surety Co. of America et al
Plaintiff: Nails and Staples, Inc. The United States of America for the Use and Benefit of Nails and Staples, Inc. doing business as Express Interiors
Defendant: Travelers Casualty & Surety Co. of America and Direct Steel, LLC
Counter Defendant: Nails and Staples, Inc.
Case Number: 6:2024cv00255
Filed: May 13, 2024
Court: US District Court for the Western District of Texas
Presiding Judge: Alan D Albright
Referring Judge: Derek T Gilliland
Nature of Suit: Miller Act
Cause of Action: 40 U.S.C. § 3131 Miller Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 8, 2024 Filing 28 Joint Motion to Dismiss for Failure to State a Claim , Joint MOTION for More Definite Statement by Direct Steel, LLC, Travelers Casualty & Surety Co. of America. (Attachments: #1 Exhibit 1). Motions referred to Judge Derek T. Gilliland. (Woods, Kendall)
July 2, 2024 Filing 27 Unopposed MOTION for Leave to File Late Answer to Defendants Counterclaim by Nails and Staples, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order Order). Motions referred to Judge Derek T. Gilliland. (Kudisch, Elliot)
July 2, 2024 Filing 26 Opposed MOTION for Leave to File Late Response Pleadings to Defendants Motion to Transfer Venue by Nails and Staples, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order Order). Motions referred to Judge Derek T. Gilliland. (Kudisch, Elliot)
June 28, 2024 Filing 25 DEFICIENCY NOTICE: re #24 Opposed MOTION for Leave to File Late Response Pleadings to Defendants Motion to Transfer Venue (lad)
June 28, 2024 Filing 24 Opposed MOTION for Leave to File Late Response Pleadings to Defendants Motion to Transfer Venue by Nails and Staples, Inc.. (Attachments: #1 Affidavit EX. 1). Motions referred to Judge Derek T. Gilliland. (Kudisch, Elliot)
June 27, 2024 Opinion or Order Filing 23 ORDER REGARDING DISCOVERY DISPUTES. Signed by Judge Derek T. Gilliland. (lad)
June 27, 2024 Filing 22 Minute Entry for proceedings held before Judge Derek T. Gilliland: Initial Pretrial Conference held on 6/27/2024. Case called for an Initial Pretrial Conference held via Zoom. Parties announced ready. Statements andarguments of counsel heard. The Court outlined docket management and discovery dispute procedures.Parties are to meet and confer and file a proposed scheduling order in the proper format and email aword version to the Court's Law Clerk at txwdml_nojudge_chambers_wa_judgegilliland@txwd.uscourts.govby COB Friday, July 5, 2024. Written Order re Discovery Disputes and Scheduling Order to follow.Hearing concluded. (Minute entry documents are not available electronically.). (Court Reporter FTR.)(lad)
June 27, 2024 Opinion or Order Filing 21 ORDER GRANTING #20 Motion to Appear Pro Hac Vice for Attorney Kendall E. Woods. Attorney added for Direct Steel, LLC. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Derek T. Gilliland. (bot2)
June 26, 2024 Filing 20 MOTION to Appear Pro Hac Vice by Kendall E. Woods ( Filing fee $ 100 receipt number ATXWDC-18920099) by Jason Eric Kipness on behalf of Direct Steel, LLC.. Motions referred to Judge Derek T. Gilliland. (Kipness, Jason) Modified on 6/26/2024 (lad).
June 24, 2024 Filing 19 Rule 26(f) Discovery Report/Case Management Plan First Amended Joint Discovery-Case Management Plan by Direct Steel, LLC, Travelers Casualty & Surety Co. of America. (Kipness, Jason)
June 24, 2024 Filing 18 AMENDED COMPLAINT against Direct Steel, LLC amending, filed by Nails and Staples, Inc..(Kudisch, Elliot)
June 21, 2024 Filing 17 Rule 26(f) Discovery Report/Case Management Plan by Direct Steel, LLC, Travelers Casualty & Surety Co. of America. (Kipness, Jason)
June 10, 2024 Filing 16 NOTICE Certificate of Conference for #11 Joint Motion To Transfer This Matter to the Northern District of Illinois by Direct Steel, LLC, Travelers Casualty & Surety Co. of America (Murphy, Paul) Plaintiff is opposed to transfer (lad).
June 10, 2024 Filing 15 Direct Steel's Original ANSWER to #1 Complaint Plaintiff. Attorney Paul Wayne Murphy added to party Direct Steel, LLC(pty:dft), COUNTERCLAIM against Nails and Staples, Inc. by Direct Steel, LLC.(Murphy, Paul)
June 3, 2024 Filing 14 NOTICE of Attorney Appearance by Jason Eric Kipness on behalf of Direct Steel, LLC, Travelers Casualty & Surety Co. of America (Kipness, Jason)
June 3, 2024 Opinion or Order Filing 13 ORDER SETTING INITIAL PRETRIAL CONFERENCE VIA ZOOM for 6/27/2024 02:00 PM before Judge Derek T. Gilliland.. Signed by Judge Derek T. Gilliland. (lad)
June 3, 2024 Filing 12 Original ANSWER to #1 Complaint by Travelers Casualty & Surety Co. of America.(Kipness, Jason)
June 3, 2024 Filing 11 MOTION to Transfer Case to Northern District of Illinois and Brief in Support Thereof by Direct Steel, LLC, Travelers Casualty & Surety Co. of America. (Attachments: #1 Exhibit 1). Motions referred to Judge Derek T. Gilliland. (Kipness, Jason) Opposed (per #16 ) (lad).
June 3, 2024 Filing 10 NOTICE of Attorney Appearance by Jason Eric Kipness on behalf of Direct Steel, LLC, Travelers Casualty & Surety Co. of America. Attorney Jason Eric Kipness added to party Direct Steel, LLC(pty:dft), Attorney Jason Eric Kipness added to party Travelers Casualty & Surety Co. of America(pty:dft) (Kipness, Jason)
May 15, 2024 Opinion or Order Filing 9 ORDER GRANTING #3 Motion to Appear Pro Hac Vice for Attorney Ieshia J. Dunmore. Attorney added for Nails and Staples, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Derek T. Gilliland. (bot1)
May 14, 2024 Filing 8 ATTACHMENT Corrected to #3 MOTION to Appear Pro Hac Vice by Elliot Joshua Kudisch ( Filing fee $ 100 receipt number ATXWDC-18760216) by Nails and Staples, Inc.. (Kudisch, Elliot)
May 14, 2024 Filing 7 DEFICIENCY NOTICE: re #6 MOTION to Amend/Correct MOTION to Appear Pro Hac Vice by Ieshia J. Dunmore (lad)
May 14, 2024 Filing 6 MOTION to Amend/Correct MOTION to Appear Pro Hac Vice by Ieshia J. Dunmore by Nails and Staples, Inc... Motions referred to Judge Derek T. Gilliland. (Kudisch, Elliot)
May 14, 2024 Filing 5 DEFICIENCY NOTICE: re #3 MOTION to Appear Pro Hac Vice by Ieshia J. Dunmore ( Filing fee $ 100 receipt number ATXWDC-18760216) TO AVOID ANOTHER FEE, please follow the enclosed instructions closely. (lad)
May 14, 2024 Filing 4 Summons Issued as to Direct Steel, LLC, Travelers Casualty & Surety Co. of America. (Attachments: #1 Summons for TCSCA)(lad)
May 14, 2024 Filing 3 MOTION to Appear Pro Hac Vice by Ieshia J. Dunmore ( Filing fee $ 100 receipt number ATXWDC-18760216) on behalf of Nails and Staples, Inc. Motions referred to Judge Derek T. Gilliland. (Kudisch, Elliot) (Main Document 3 replaced on 5/14/2024) (lad).
May 14, 2024 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Nails and Staples, Inc.. (Attachments: #1 Summons)(Kudisch, Elliot) (Main Document 2 replaced on 5/14/2024) (lad). (Attachment 1 replaced on 5/14/2024) (lad).
May 13, 2024 Filing 1 COMPLAINT ( Filing fee $ 405 receipt number ATXWDC-18756337). No Summons requested at this time, filed by Nails and Staples, Inc. d/b/a Express Interiors. (Attachments: #1 Civil Cover Sheet)(Kudisch, Elliot)
May 13, 2024 Case assigned to Judge Alan D Albright and REFERRED to Magistrate Judge Derek T. Gilliland. 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 (lad)

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Plaintiff: Nails and Staples, Inc. The United States of America for the Use and Benefit of Nails and Staples, Inc. doing business as Express Interiors
Represented By: William Benjamin Westcott
Represented By: Elliot Joshua Kudisch
Represented By: Ieshia J. Dunmore
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Defendant: Travelers Casualty & Surety Co. of America
Represented By: Paul Wayne Murphy
Represented By: Jason Eric Kipness
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Defendant: Direct Steel, LLC
Represented By: Kendall E. Woods
Represented By: Jason Eric Kipness
Represented By: Paul Wayne Murphy
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Counter defendant: Nails and Staples, Inc.
Represented By: William Benjamin Westcott
Represented By: Elliot Joshua Kudisch
Represented By: Ieshia J. Dunmore
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