Zurich American Insurance Company and Fidelity and Deposit Company of Maryland v. The Station at Gardener Mill
Petitioner: Zurich American Insurance Company and Fidelity and Deposit Company of Maryland
Respondent: The Station at Gardener Mill
Case Number: 2:2022cv00038
Filed: January 18, 2022
Court: US District Court for the District of Utah
Presiding Judge: Jared C Bennett
Referring Judge: Howard C Nielson
Nature of Suit: Other Statutory Actions
Cause of Action: 09 U.S.C. ยง 0010 Petition to Vacate Arbitration Award
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 7, 2022 Filing 15 NOTICE of Appearance by Brian J. Babcock on behalf of The Station at Gardener Mill (Babcock, Brian)
March 7, 2022 Filing 14 NOTICE of Appearance by Jeffrey R. Handy on behalf of The Station at Gardener Mill (Handy, Jeffrey)
March 7, 2022 Opinion or Order Filing 13 DOCKET TEXT ORDER granting #11 MOTION for Leave to File Excess Pages Opposing Petitioner Zurich's Motion to Vacate Arbitration Award filed by Respondent The Station at Gardener Mill. Signed by Magistrate Judge Jared C. Bennett on 03/07/2022. (docket text order; no attached document) (jcd)
March 4, 2022 Filing 12 REQUEST to Submit for Decision re #11 MOTION for Leave to File Excess Pages and Memorandum in Support Opposing Petitioner Zurich's Motion to Vacate Arbitration Award filed by Respondent The Station at Gardener Mill. (Babcock, Robert)
March 4, 2022 Filing 11 MOTION for Leave to File Excess Pages and Memorandum in Support Opposing Petitioner Zurich's Motion to Vacate Arbitration Award filed by Respondent The Station at Gardener Mill. Motions referred to Jared C. Bennett.(Babcock, Robert)
March 4, 2022 Filing 10 MEMORANDUM in Opposition re #9 MOTION to Vacate Arbitration Award filed by Respondent The Station at Gardener Mill. (Attachments: #1 Exhibit 1-Interim Award, #2 Exhibit 2-AIA Document A101-2007 Standard Form of Agreement Between Owner and Contractor, #3 Exhibit 3-AIA Document A201-2007 General Conditions of the Contract for Construction, #4 Exhibit 4-Payment Bond, #5 Exhibit 5-Performance Bond, #6 Exhibit 6-Amendment No. 1 to Agreement Between Owner and Contractor, #7 Exhibit 7-Combined Prehearing and Post-Hearing Briefs, #8 Exhibit 8-General Indemnity Agreement, #9 Exhibit 9-Pages from June 24, 2021, Hearing Transcript, #10 Exhibit 10-Pages from June 25, 2021, Hearing Transcript, #11 Exhibit 11-March 4, 2019, Notice to Hold Letter, #12 Exhibit 12-June 19, 2020, Performance Bond Claim Letter, #13 Exhibit 13-Pages from June 15, 2021, Hearing Transcript, #14 Exhibit 14-Pages from June 22, 2021, Hearing Transcript, #15 Exhibit 15-July 21, 2020, Performance Bond Claim Denial Letter) Attorney Robert F. Babcock added to party The Station at Gardener Mill(pty:res)(Babcock, Robert)
January 31, 2022 Filing 9 MOTION to Vacate Arbitration Award filed by Petitioner Zurich American Insurance Company and Fidelity and Deposit Company of Maryland. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15.1, #16 Exhibit Exhibit 15.9, #17 Exhibit Exhibit 15.10, #18 Exhibit Exhibit 16)(Cantrell, Connor)
January 20, 2022 Filing 8 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Petitioner Zurich American Insurance Company and Fidelity and Deposit Company of Maryland identifying Zurich American Insurance Company as Corporate Parent. (Cantrell, Connor)
January 19, 2022 Opinion or Order Filing 7 DOCKET TEXT ORDER granting #2 MOTION for Leave to File Excess Pages filed by Petitioner Zurich American Insurance Company and Fidelity and Deposit Company of Maryland. Signed by Magistrate Judge Jared C. Bennett on 01/19/2022. (docket text order; no attached document) (jcd)
January 19, 2022 Opinion or Order Filing 6 ORDER REFERRING MOTION #2 MOTION for Leave to File Excess Pages filed by Zurich American Insurance Company and Fidelity and Deposit Company of Maryland Motions referred to Jared C. Bennett. Signed by Judge Howard C. Nielson, Jr, on 1/19/2022. (mlp)
January 19, 2022 Opinion or Order Filing 5 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Jared C. Bennett. Signed by Judge Howard C. Nielson, Jr on 1/19/22. (dla)
January 19, 2022 Filing 4 WAIVER OF SERVICE Returned Executed filed by Zurich American Insurance Company and Fidelity and Deposit Company of Maryland (Cantrell, Connor)
January 18, 2022 Filing 3 REQUEST to Submit for Decision re #2 MOTION for Leave to File Excess Pages filed by Petitioner Zurich American Insurance Company and Fidelity and Deposit Company of Maryland. (Cantrell, Connor)
January 18, 2022 Filing 2 MOTION for Leave to File Excess Pages filed by Petitioner Zurich American Insurance Company and Fidelity and Deposit Company of Maryland. (Attachments: #1 Exhibit Motion to Vacate Arbitration Award, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15.1, #17 Exhibit Exhibit 15.9, #18 Exhibit Exhibit 15.10, #19 Exhibit Exhibit 16)(Cantrell, Connor)
January 18, 2022 Filing 1 Case has been indexed and assigned to Judge Howard C. Nielson, Jr. Petitioner Zurich American Insurance Company and Fidelity and Deposit Company of Maryland is directed to E-File the Motion to Vacate - Arbitration Award (found under Other Documents) and pay the filing fee of $ 402.00 by the end of the business day. Once the filing fee event is completed the initiating document (Motion to Vacate Arbitration Award and cover sheet ) may be E-filed.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (nmt)
January 18, 2022 Civil Case Filing Fee for Motion to Vacate Arbitration Award received from Petitioner Zurich American Insurance Company and Fidelity and Deposit Company of Maryland. (Filing fee $ 402, receipt number AUTDC-4222956). (Cantrell, Connor)

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Petitioner: Zurich American Insurance Company and Fidelity and Deposit Company of Maryland
Represented By: Connor L. Cantrell
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Respondent: The Station at Gardener Mill
Represented By: Brian J. Babcock
Represented By: Jeffrey R. Handy
Represented By: Robert F. Babcock
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