Fort Myer Construction Corporation v. Westfield Insurance Company
Plaintiff: Fort Myer Construction Corporation
Defendant: Westfield Insurance Company and Ocean Construction Services, Inc.
Case Number: 1:2023cv00750
Filed: June 9, 2023
Court: US District Court for the Eastern District of Virginia
Presiding Judge: William E Fitzpatrick
Referring Judge: Anthony J Trenga
Nature of Suit: Miller Act
Cause of Action: 28 U.S.C. ยง 1331 Federal Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 26, 2023 Opinion or Order Filing 16 Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: Upon consideration of the representations made by the parties in the Proposed Joint Discovery Plan pursuant to Fed. R. Civ. P. 26(f) (Joint Discovery Plan) (Dkt. 14) and at the initial pretrial conference held on July 26, 2023 and taking note of the Scheduling Order entered in this case (Dkt. 9), the court makes the following rulings: 1. All discovery shall be concluded by November 10, 2023. 2. The Joint Discovery Plan filed by the parties is approved, as amended herein, and shall control discovery to the extent of its application unless further modified by the court. 3. All Fed. R. Civ. P. 26(a)(1) disclosures shall be completed by August 11, 2023. 4. Expert disclosures shall be governed by paragraph C of the Joint Discovery Plan. To the extent the parties wish to modify these deadlines, they must seek leave of court. 5. If the parties believe that a settlement conference with the court would be of assistance in resolving this dispute, they may arrange a settlement conference by contacting the undersigned magistrate judges chambers. (see Order for complete details) Signed by Magistrate Judge William E. Fitzpatrick on 7/26/23. (tfitz, )
July 26, 2023 Minute Entry for proceedings held before Magistrate Judge William E. Fitzpatrick:Initial Pretrial Conference held on 7/26/2023. Appearance of counsel via phone. Joint Discovery Plan adopted. Order to follow. (tfitz, )
July 21, 2023 Opinion or Order Filing 15 ORDERED that Ocean Constructions Services, Inc.'s Unopposed Motion to Intervene (Dkt. 11) is GRANTED; it is further ORDERED that Ocean Construction Services, Inc. shall be added as a Defendant in this action; it is further ORDERED that Ocean Constructions Services, Inc.'s answer to the complaint, filed at Dkt. 13, shall be deemed filed as of the date of entry of this Order (see Order for further details). Signed by Magistrate Judge William E. Fitzpatrick on 7/21/2023. (swil)
July 17, 2023 Filing 14 Joint Discovery Plan by Fort Myer Construction Corporation.(Neri, Jonathan)
July 17, 2023 Filing 13 MOTION to Intervene proposed Answer by Ocean Construction Services, Inc.. (Hearne, David)
July 17, 2023 Filing 12 Memorandum in Support re #11 MOTION to Intervene Unopposed filed by Ocean Construction Services, Inc.. (Hearne, David)
July 17, 2023 Filing 11 MOTION to Intervene Unopposed by Ocean Construction Services, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit Mediation Demand, #3 Exhibit GAI, #4 Exhibit)(Hearne, David)
July 6, 2023 Filing 10 NOTICE of Appearance by Jonathan Richard Neri on behalf of Fort Myer Construction Corporation (Neri, Jonathan)
July 5, 2023 Opinion or Order Filing 9 SCHEDULING ORDER: Initial Pretrial Conference set for 7/26/2023 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. Final Pretrial Conference set for 11/16/2023 at 10:00 AM in Alexandria Telephonically before District Judge Anthony J. Trenga. Discovery due by 11/10/2023. Signed by District Judge Anthony J. Trenga on 7/5/2023. (Attachments: #1 Magistrate Consent, #2 Pretrial Notice)(dzir)
July 5, 2023 Filing 8 Corporate Disclosure Statement by Westfield Insurance Company. (Korphage, Eric)
July 5, 2023 Filing 7 ANSWER to Complaint by Westfield Insurance Company.(Korphage, Eric)
June 20, 2023 Filing 6 AFFIDAVIT of Service for Summons served on Westfield Insurance Company c/o CT Corporation System on 06/14/2023, filed by Fort Myer Construction Corporation. (Mendicino, Fred)
June 13, 2023 Filing 5 NOTICE of Appearance by Fred A. Mendicino on behalf of Fort Myer Construction Corporation (Mendicino, Fred)
June 13, 2023 Filing 4 Financial Interest Disclosure Statement (Local Rule 7.1) by Fort Myer Construction Corporation. (Mendicino, Fred)
June 12, 2023 Filing 3 Summons Issued as to Westfield Insurance Company, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice to Attorney)(Sbro)
June 9, 2023 Initial Case Assignment to District Judge Anthony J Trenga and Magistrate Judge William E. Fitzpatrick. (Sbro)
June 9, 2023 Filing 2 Proposed Summons by Fort Myer Construction Corporation. (Mendicino, Fred) (Main Document 2 replaced to correct PDF fillable form on 6/12/2023) (Sbro).
June 9, 2023 Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8974878.), filed by Fort Myer Construction Corporation. (Attachments: #1 Exhibit Payment Bond, #2 Exhibit Subcontract, #3 Civil Cover Sheet)(Mendicino, Fred)

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Plaintiff: Fort Myer Construction Corporation
Represented By: Fred A. Mendicino
Represented By: Jonathan Richard Neri
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Defendant: Westfield Insurance Company
Represented By: Eric George Korphage
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Defendant: Ocean Construction Services, Inc.
Represented By: David Allen Hearne
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