McKenney's, Inc. v. Leebcor Services, LLC et al
| McKenney's, Inc. |
| The Cincinnati Insurance Company and Leebcor Services, LLC |
| 1:2020cv00533 |
| May 8, 2020 |
| US District Court for the Eastern District of Virginia |
| Michael S Nachmanoff |
| Anthony J Trenga |
| Miller Act |
| 40 U.S.C. § 3131 |
| None |
Docket Report
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This docket was last retrieved on November 25, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Intradistrict Transfer to Newport News, 4:20cv179 (afar) |
Filing 48
ORDER DENYING #31 #32 Amended Motions to Dismiss Motion to Dismiss to the extent they seek dismissal for improper venue; GRANTING the Defts' #11 Motion to Transfer Case. The Clerk is DIRECTED to TRANSFER this action to the Newport News Division of this District (see Order for details). Signed by District Judge Anthony J Trenga on 11/25/20. (email sent to A. Farlow/Norfolk Operations) (pmil, )
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Filing 47
ORDERED that the hearing on Defendants' Motion to Transfer Venue #11 , Defendant Leebcor's Amended Motion to Dismiss for Failure to State a Claim and for Improper Venue #31 , and Defendant Cincinnati's Amended Motion to Dismiss for Failure to State a Claim and for Improper Venue #32 , presently scheduled for Wednesday, November 25, 2020, be, and the same hereby is, CANCELLED. The Court will consider the Motions upon the briefs and schedule a hearing on the Motions if it deems it necessary to the decisional process. Signed by District Judge Anthony J Trenga on 11/23/2020. (dvanm, )
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| Set Deadlines as to #11 MOTION to Transfer Case , #31 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue, #32 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue. Motion Hearing set for 11/25/2020 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, ) |
| Filing 46 Notice of Hearing Date set for 11/25/2020 re #11 MOTION to Transfer Case , #32 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue, #31 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue (Ewald, Shelly) |
| Filing 45 Notice of Hearing Date 11/25/2020 re #11 MOTION to Transfer Case , #32 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue, #31 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue (Ewald, Shelly) |
| Filing 44 NOTICE of Appearance by Emily Canis Brown on behalf of McKenney's, Inc. (Brown, Emily) |
| Filing 43 STATUS REPORT by Leebcor Services, LLC, The Cincinnati Insurance Company. (Houston, Patrick) |
| Filing 42 STATUS REPORT by McKenney's, Inc.. (Ewald, Shelly) |
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Filing 41
ORDERED that Defendant Leebcors Motion to Dismiss for Failure to State a Claim #13 be, and the same hereby is, GRANTED to the extent that Plaintiff and Defendant Leebcor are directed to mediate the dispute and to file a status report concerning those mediation efforts within thirty (30) days from the date of this Order, and it is otherwise DENIED; and it is furtherORDERED that Defendant Cincinnatis Motion to Dismiss for Failure to State a Claim #15 be, and the same hereby is, DENIED; and it is further ORDERED that the pending Motions are otherwise HELD IN ABEYANCE and this action be, and the same hereby is, STAYED pending further order of the Court; and it is furtherORDERED that the hearing on the Motions, presently scheduled for July 22, 2020, be, and the same hereby is, CANCELLED. Signed by District Judge Anthony J Trenga on 7/20/2020. (dvanm, )
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| Filing 40 RESPONSE in Support re #32 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit Declaration in Support of Reply and Motion to Transfer Venue)(Coulter, Thomas) |
| Filing 39 RESPONSE in Support re #31 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue filed by Leebcor Services, LLC. (Attachments: #1 Exhibit Declaration in Support of Reply and Motion to Transfer Venue)(Coulter, Thomas) |
| Set/Reset Deadlines as to #31 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue, and #32 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue. Motion Hearing set for 7/22/2020 at 10:30 AM in Alexandria Remote (via Zoom) before District Judge Anthony J. Trenga. (dzir) |
| Filing 38 Reply to Motion re #32 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue filed by McKenney's, Inc.. (Ewald, Shelly) |
| Filing 37 Reply to Motion re #31 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue filed by McKenney's, Inc.. (Ewald, Shelly) |
| Set Deadlines as to #31 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue. Motion Hearing set for 7/22/2020 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, ) |
| Set Deadlines as to #32 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue. Motion Hearing set for 7/22/2020 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, ) |
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Filing 36
ORDER granting #10 Motion for Leave to File Late Responsive Pleadings.Additionally, The Cincinnati Insurance Companys Motion to Dismiss for Failure to State a Claim and Motion to Transfer Venue are accepted as filed. Signed by Magistrate Judge Michael S. Nachmanoff on 7/7/2020. (dvanm, )
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Filing 35
ORDERED that Plaintiff shall file responses to the Motions, if any, within seven (7) days from the date of this Order; and it is further ORDERED that Defendants shall file replies to the Plaintiffs responses, if any, within three (3) days from the date the Plaintiff files its responses. Signed by District Judge Anthony J Trenga on 07/07/2020. (dvanm, )
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| Filing 34 Notice of Hearing Date Supplemental Notice of Hearing re #32 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue (Houston, Patrick) |
| Filing 33 Notice of Hearing Date Supplemental Notice of Hearing re #31 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue (Houston, Patrick) |
| Filing 32 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue by The Cincinnati Insurance Company. (Coulter, Thomas) |
| Filing 31 Amended MOTION to Dismiss for Failure to State a Claim and Motion to Dismiss for Improper Venue by Leebcor Services, LLC. (Coulter, Thomas) |
| Filing 30 Rebuttal Brief re #15 MOTION to Dismiss for Failure to State a Claim filed by The Cincinnati Insurance Company. (Coulter, Thomas) |
| Filing 29 Rebuttal Brief re #13 MOTION to Dismiss for Failure to State a Claim filed by Leebcor Services, LLC. (Attachments: #1 Exhibit Exhibit A)(Coulter, Thomas) |
| Filing 28 Rebuttal Brief re #11 MOTION to Transfer Case filed by Leebcor Services, LLC, The Cincinnati Insurance Company. (Attachments: #1 Exhibit Exhibit A)(Coulter, Thomas) |
| Filing 27 Memorandum in Opposition re #13 MOTION to Dismiss for Failure to State a Claim filed by McKenney's, Inc.. (Attachments: #1 Affidavit of Robert Preston Brown, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D)(Ewald, Shelly) |
| Filing 26 Memorandum in Opposition re #15 MOTION to Dismiss for Failure to State a Claim filed by McKenney's, Inc.. (Ewald, Shelly) |
| Filing 25 Memorandum in Opposition re #11 MOTION to Transfer Case filed by McKenney's, Inc.. (Ewald, Shelly) |
| Filing 24 Reply to Motion re #10 MOTION for Leave to File Late Responsive Pleadings filed by McKenney's, Inc.. (Ewald, Shelly) |
| MOTIONS REFERRED to Magistrate Judge: Nachmanoff. #10 MOTION for Leave to File Late Responsive Pleadings (clar, ) |
| Reset Deadlines as to #10 MOTION for Leave to File Late Responsive Pleadings. Motion Hearing set for 7/10/2020 at 10:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. (clar, ) |
| Filing 23 Notice of Hearing Date Amended re #19 Notice of Hearing Date, #10 MOTION for Leave to File Late Responsive Pleadings (Houston, Patrick) |
| Set Deadlines as to #10 MOTION for Leave to File Late Responsive Pleadings. Motion Hearing set for 7/22/2020 at 10:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. Attorney has been notified to file amended notice of hearing - Deadlines Terminated (klau, ) |
| Notice of Correction re #19 Notice of Hearing Date, The filing user has been notified to file amended notice of hearing for Friday Docket.(klau, ) |
| Set Deadlines as to #11 MOTION to Transfer Case , #15 MOTION to Dismiss for Failure to State a Claim , #13 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 7/22/2020 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (klau, ) |
| Filing 22 Notice of Hearing Date re #15 MOTION to Dismiss for Failure to State a Claim (Houston, Patrick) |
| Filing 21 Notice of Hearing Date re #13 MOTION to Dismiss for Failure to State a Claim (Houston, Patrick) |
| Filing 20 Notice of Hearing Date re #11 MOTION to Transfer Case (Houston, Patrick) |
| Filing 19 Notice of Hearing Date re #10 MOTION for Leave to File Late Responsive Pleadings (Houston, Patrick) |
| Notice of Correction re #15 MOTION to Dismiss for Failure to State a Claim , #11 MOTION to Transfer Case , #13 MOTION to Dismiss for Failure to State a Claim , #10 MOTION for Leave to File Late Responsive Pleadings. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm, ) |
| Filing 18 Financial Interest Disclosure Statement (Local Rule 7.1) by The Cincinnati Insurance Company. (Coulter, Thomas) |
| Filing 17 Financial Interest Disclosure Statement (Local Rule 7.1) by Leebcor Services, LLC. (Coulter, Thomas) |
| Filing 16 Memorandum in Support re #15 MOTION to Dismiss for Failure to State a Claim filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit Exhibit A)(Coulter, Thomas) |
| Filing 15 MOTION to Dismiss for Failure to State a Claim by The Cincinnati Insurance Company. (Attachments: #1 Proposed Order Proposed Order)(Coulter, Thomas) |
| Filing 14 Memorandum in Support re #13 MOTION to Dismiss for Failure to State a Claim filed by Leebcor Services, LLC. (Attachments: #1 Exhibit Exhibit A)(Coulter, Thomas) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim by Leebcor Services, LLC. (Attachments: #1 Proposed Order Proposed Order)(Coulter, Thomas) |
| Filing 12 Memorandum in Support re #11 MOTION to Transfer Case filed by Leebcor Services, LLC, The Cincinnati Insurance Company. (Coulter, Thomas) |
| Filing 11 MOTION to Transfer Case by Leebcor Services, LLC, The Cincinnati Insurance Company. (Attachments: #1 Proposed Order Proposed Order)(Coulter, Thomas) |
| Filing 10 MOTION for Leave to File Late Responsive Pleadings by The Cincinnati Insurance Company. (Attachments: #1 Proposed Order Proposed Order)(Coulter, Thomas) |
| Filing 9 NOTICE of Appearance by Patrick Donald Houston on behalf of Leebcor Services, LLC, The Cincinnati Insurance Company (Houston, Patrick) |
| Filing 8 NOTICE of Appearance by Thomas Andrew Coulter on behalf of Leebcor Services, LLC, The Cincinnati Insurance Company (Coulter, Thomas) |
| Filing 7 AFFIDAVIT of Service for Affidavit of Service served on Leebcor Services, Inc. on 05/26/2020, filed by McKenney's, Inc.. (Ewald, Shelly) |
| Filing 6 AFFIDAVIT of Service for Proof of Service served on The Cincinnati Insurance Company on 05/22/2020, filed by McKenney's, Inc.. (Ewald, Shelly) |
| Filing 5 Summons Issued as to Leebcor Services, LLC, The Cincinnati Insurance Company. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Summons issued, #2 Notice to Attorney)(aott) |
| Filing 4 Corporate Disclosure Statement by McKenney's, Inc.. (Ewald, Shelly) |
| Filing 3 Proposed Summons by McKenney's, Inc. ex rel United States of America. (Ewald, Shelly) |
| Filing 2 Proposed Summons by McKenney's, Inc. ex rel United States of America. (Ewald, Shelly) |
| Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-7196913.), filed by McKenney's, Inc. ex rel United States of America. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Civil Cover Sheet Civil Cover Sheet)(Ewald, Shelly) |
| Initial Case Assignment to District Judge Anthony J Trenga and Magistrate Judge Michael S. Nachmanoff. (aott) |
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