Chesapeake Tunnel Joint Venture v. Brasfond USA Corporation et al
Plaintiff: Chesapeake Tunnel Joint Venture
Defendant: Brasfond USA Corporation, Fidelity and Deposit Company of Maryland and Zurich American Insurance Company
Case Number: 2:2023cv00006
Filed: January 6, 2023
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Arenda L Wright Allen
Referring Judge: Douglas E Miller
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1335 Interpleader Action
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2023 Filing 45 Response to #43 Opposition, #44 Response in Opposition to Motion Defendant Brasfond USA Corporation's Reply to CTJV's and Zurich's Oppositions to Brasfond's Motion to Confirm Arbitration Award filed by Brasfond USA Corporation. (Mills, Laurin)
February 22, 2023 Filing 44 RESPONSE in Opposition re #39 MOTION To Confirm Arbitration Award filed by Chesapeake Tunnel Joint Venture. (Shapiro, Stephen)
February 22, 2023 Filing 43 Opposition to #39 MOTION To Confirm Arbitration Award filed by Fidelity and Deposit Company of Maryland, Zurich American Insurance Company. (Tuckman, Adam)
February 13, 2023 Filing 42 Memorandum in Support re #41 Joint MOTION to Consolidate Cases filed by Fidelity and Deposit Company of Maryland, Zurich American Insurance Company. (Tuckman, Adam)
February 13, 2023 Filing 41 Joint MOTION to Consolidate Cases by Fidelity and Deposit Company of Maryland, Zurich American Insurance Company. (Attachments: #1 Proposed Order)(Tuckman, Adam)
February 8, 2023 Filing 40 Memorandum in Support re #39 MOTION To Confirm Arbitration Award filed by Brasfond USA Corporation. (Mills, Laurin)
February 8, 2023 Filing 39 MOTION To Confirm Arbitration Award by Brasfond USA Corporation. (Attachments: #1 Exhibit A - 2021.06.23 - Interim Decision on Liability Phase, #2 Exhibit B - 2022.08.04 - Interim Decision on Damages.CTJV, #3 Exhibit C - 2022.10.18 - Final Award, #4 Exhibit D - 2017.05.10 - CTJV and Brasfond Subcontract, #5 Exhibit E - CTJV Demand for Arbitration_, #6 Exhibit F - 2019.11.29 - Brasfond Answer, #7 Exhibit G - Appointment of W. McDonough, #8 Proposed Order Proposed Order)(Mills, Laurin)
February 8, 2023 Filing 38 Receipt of Funds. (afar)
February 8, 2023 Opinion or Order Filing 37 ORDER- It is ORDERED that the Clerk shall deposit the Transferred Funds with the treasurer of The US in the Disputed Ownership Fund in the name and to the credit of this Court. Signed by District Judge Arenda L. Wright Allen on 02/08/2023. (Vpea) (Main Document 37 replaced on 2/8/2023) (afar, ).
February 6, 2023 Filing 36 REPLY to Response to Motion re #31 MOTION to Dismiss for Failure to State a Claim Brasfond USA Corporation's Crossclaim filed by Fidelity and Deposit Company of Maryland, Zurich American Insurance Company. (Attachments: #1 Exhibit A)(Tuckman, Adam)
January 30, 2023 Filing 35 RESPONSE in Opposition re #31 MOTION to Dismiss for Failure to State a Claim Brasfond USA Corporation's Crossclaim filed by Brasfond USA Corporation. (Attachments: #1 Exhibit A - 2021.06.23 - Interim Decision on Liability Phase, #2 Exhibit B - 2022.08.04 - Interim Decision on Damages, #3 Exhibit C - 2022.10.18 - Final Award, #4 Exhibit D - 2017.05.10 - CTJV and Brasfond Subcontract, #5 Exhibit E - 2017.05.16 - Performance Bond 9195545 Brasfond and Zurich, #6 Exhibit F - 2017.05.03 - Brasfond Zurich GIA)(Werther, Barbara)
January 18, 2023 Filing 34 NOTICE of Appearance by Barbara G. Werther on behalf of Brasfond USA Corporation (Werther, Barbara)
January 18, 2023 Filing 33 Memorandum in Support re #29 MOTION to Dismiss Interpleader Plaintiff filed by Chesapeake Tunnel Joint Venture. (Shapiro, Stephen)
January 18, 2023 Notice of Correction re #29 MOTION to Dismiss Interpleader Plaintiff. The Memorandum in Support should be filed as a separate entry and linked back to the Motion. Please refile the Memorandum in Support. The attachment to the Motion is being removed. (dbra, )
January 17, 2023 Filing 32 Brief in Support to #31 MOTION to Dismiss for Failure to State a Claim Brasfond USA Corporation's Crossclaim filed by Fidelity and Deposit Company of Maryland, Zurich American Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tuckman, Adam)
January 17, 2023 Filing 31 MOTION to Dismiss for Failure to State a Claim Brasfond USA Corporation's Crossclaim by Fidelity and Deposit Company of Maryland, Zurich American Insurance Company. (Attachments: #1 Proposed Order)(Tuckman, Adam)
January 17, 2023 Filing 30 Waiver of Oral Argument for Motion to Dismiss Interpleader Plaintiff by Chesapeake Tunnel Joint Venture (Shapiro, Stephen)
January 17, 2023 Filing 29 MOTION to Dismiss Interpleader Plaintiff by Chesapeake Tunnel Joint Venture. (Attachments: # 1 Memorandum in Support, #2 Proposed Order)(Shapiro, Stephen)
January 9, 2023 Filing 28 CLERK'S NOTICE of local counsel requirement mailed to foreign counsel. (dbra, ) (Main Document 28 replaced on 1/9/2023) (dbra, ).
January 6, 2023 Filing 27 Case transferred in from District of Maryland; Case Number 1:22-cv-02858. Original file and docket sheet received.
January 5, 2023 Opinion or Order Filing 26 ORDER granting #19 Motion to Transfer Case. Signed by Judge Richard D. Bennett on 1/5/2023. (kb3s, Deputy Clerk) [Transferred from Maryland on 1/6/2023.]
January 3, 2023 Filing 25 REPLY to Response to Motion re #19 MOTION to Transfer Case filed by Fidelity and Deposit Company of Maryland, Zurich American Insurance Company.(Tuckman, Adam) [Transferred from Maryland on 1/6/2023.]
December 27, 2022 Opinion or Order Filing 24 ORDER granting #23 Consent MOTION to Stay Deadline for Zurich/F&D's Response to Brasfond's Crossclaim. Signed by Judge Richard D. Bennett on 12/27/2022. (dg3s, Deputy Clerk) [Transferred from Maryland on 1/6/2023.]
December 22, 2022 Filing 23 Consent MOTION to Stay Deadline for Zurich/F&D's Response to Brasfond's Crossclaim by Fidelity and Deposit Company of Maryland, Zurich American Insurance Company (Attachments: #1 Text of Proposed Order)(Tuckman, Adam) [Transferred from Maryland on 1/6/2023.]
December 20, 2022 Opinion or Order Filing 22 ORDER granting #20 Brasford's Motion to File its Response to Zurich's Motion to Transfer Venue Under Seal. Signed by Judge Richard D. Bennett on 12/20/2022. (kk5s, Deputy Clerk) [Transferred from Maryland on 1/6/2023.]
December 19, 2022 Filing 21 -SEALED - NOTICE of Filing Under Seal Brasfond's Response to Zurich's Motion to Transfer Venue by Brasfond USA Corporation re #20 MOTION to Seal Defendant Brasfond's Motion to File Response to Zurich's Motion to Transfer Venue Under Seal (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Mills, Laurin) [Transferred from Maryland on 1/6/2023.]
December 19, 2022 Filing 20 MOTION to Seal Defendant Brasfond's Motion to File Response to Zurich's Motion to Transfer Venue Under Seal by Brasfond USA Corporation (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit 1 - AAA Protective Order)(Mills, Laurin) [Transferred from Maryland on 1/6/2023.]
December 7, 2022 Filing 19 MOTION to Transfer Case by Fidelity and Deposit Company of Maryland, Zurich American Insurance Company (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Text of Proposed Order)(Tuckman, Adam) [Transferred from Maryland on 1/6/2023.]
December 7, 2022 Filing 18 Local Rule 103.3 Disclosure Statement by Fidelity and Deposit Company of Maryland identifying Corporate Parent Zurich American Insurance Company, Corporate Parent Zurich Holding Company of America, Inc., Corporate Parent Zurich Insurance Company Ltd, Corporate Parent Zurich Insurance Group Ltd for Fidelity and Deposit Company of Maryland.(Tuckman, Adam) [Transferred from Maryland on 1/6/2023.]
December 7, 2022 Filing 17 Local Rule 103.3 Disclosure Statement by Zurich American Insurance Company identifying Corporate Parent Zurich Holding Company of America, Inc., Corporate Parent Zurich Insurance Company Ltd, Corporate Parent Zurich Insurance Group Ltd for Zurich American Insurance Company.(Tuckman, Adam) [Transferred from Maryland on 1/6/2023.]
December 7, 2022 Filing 16 ANSWER to #1 Complaint, by Fidelity and Deposit Company of Maryland, Zurich American Insurance Company.(Tuckman, Adam) [Transferred from Maryland on 1/6/2023.]
December 7, 2022 Filing 15 Local Rule 103.3 Disclosure Statement by Brasfond USA Corporation (Mills, Laurin) [Transferred from Maryland on 1/6/2023.]
December 6, 2022 Deficiency Notice as to Brasfond USA Corporation-- Your Local Rule 103.3 disclosure statement has not been filed. The Statement must be filed by 12/13/2022 (kb3s, Deputy Clerk) [Transferred from Maryland on 1/6/2023.]
December 5, 2022 Filing 14 ANSWER to #1 Complaint, , CROSSCLAIM against Fidelity and Deposit Company of Maryland, Zurich American Insurance Company by Brasfond USA Corporation.(Mills, Laurin) [Transferred from Maryland on 1/6/2023.]
November 18, 2022 Filing 13 SUMMONS Returned Executed by Chesapeake Tunnel Joint Venture. Brasfond USA Corporation served on 11/14/2022, answer due 12/5/2022.(Koger, Gregory) [Transferred from Maryland on 1/6/2023.]
November 18, 2022 Filing 12 SUMMONS Returned Executed by Chesapeake Tunnel Joint Venture. Fidelity and Deposit Company of Maryland served on 11/16/2022, answer due 12/7/2022. (Attachments: #1 Affidavit of Service)(Koger, Gregory) [Transferred from Maryland on 1/6/2023.]
November 18, 2022 Filing 11 SUMMONS Returned Executed by Chesapeake Tunnel Joint Venture. Zurich American Insurance Company served on 11/16/2022, answer due 12/7/2022. (Attachments: #1 Affidavit of Service)(Koger, Gregory) [Transferred from Maryland on 1/6/2023.]
November 16, 2022 Opinion or Order Filing 10 MARGINAL ORDER Approving #9 NOTICE by Brasfond USA Corporation re #6 Order Authorizing Interpleader Deposit (28 U.S.C. Section 1335) Defendant's Consent Notice to CTJV's Motion for Leave to Deposit Funds Into the Court's Registry filed by Brasfond USA Corporation. Signed by Judge Richard D. Bennett on 11/16/2022. (kb3s, Deputy Clerk) [Transferred from Maryland on 1/6/2023.]
November 16, 2022 Check Received on 11/15/2022 from Chesapeake Tunnel Joint Venture. Check Number: 112212. Amount: $5,602,758.97. (kb3s, Deputy Clerk) [Transferred from Maryland on 1/6/2023.]
November 15, 2022 Filing 9 NOTICE by Brasfond USA Corporation re #6 Order Authorizing Interpleader Deposit (28 U.S.C. Section 1335) Defendant's Consent Notice to CTJV's Motion for Leave to Deposit Funds Into the Court's Registry (Mills, Laurin) [Transferred from Maryland on 1/6/2023.]
November 15, 2022 Filing 8 NOTICE of Appearance by Laurin H Mills on behalf of Brasfond USA Corporation (Mills, Laurin) [Transferred from Maryland on 1/6/2023.]
November 15, 2022 Filing 7 NOTICE by Chesapeake Tunnel Joint Venture re #6 Order Authorizing Interpleader Deposit (28 U.S.C. Section 1335) (Attachments: #1 Exhibit)(Shapiro, Stephen) [Transferred from Maryland on 1/6/2023.]
November 9, 2022 Opinion or Order Filing 6 ORDER granting #5 MOTION for Interpleader Deposit (28 U.S.C. Section 1335). Signed by Judge Richard D. Bennett on 11/9/2022. (kb3s, Deputy Clerk) [Transferred from Maryland on 1/6/2023.]
November 9, 2022 Filing 5 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) by Chesapeake Tunnel Joint Venture (Attachments: #1 Text of Proposed Order)(Shapiro, Stephen) [Transferred from Maryland on 1/6/2023.]
November 9, 2022 Filing 4 Summons Issued 21 days as to Brasfond USA Corporation, Fidelity and Deposit Company of Maryland, Zurich American Insurance Company. (Attachments: #1 Summons, #2 Summons)(kb3s, Deputy Clerk) [Transferred from Maryland on 1/6/2023.]
November 7, 2022 The case of Chesapeake Tunnel Joint Venture v. Brasfond USA Corporation et al, has been opened in the District of Maryland. The case number is 1:22-cv-02858-RDB. PLEASE NOTE: You must pay the case filing fee within 48 hours. To pay online, select the event Civil Case Filing Fee which is found under Civil Events --> Other Filings --> Other Documents. Otherwise, forward a check made payable to Clerk, U.S. District Court and note the assigned case number on the check or cover letter. (kb3s, Deputy Clerk) [Transferred from Maryland on 1/6/2023.]
November 7, 2022 Filing fee: $ 402, receipt number AMDDC-10257403 (kb3s, Deputy Clerk) [Transferred from Maryland on 1/6/2023.]
November 4, 2022 Filing 3 Local Rule 7.1(Shapiro, Stephen) [Transferred from Maryland on 1/6/2023.]
November 4, 2022 Filing 2 Local Rule 103.3 Disclosure Statement by CHESAPEAKE TUNNEL JOINT VENTURE identifying Other Affiliate SCHIAVONE CONSRUCTION COMPANY LLC, Other Affiliate DRAGADOS USA INC for CHESAPEAKE TUNNEL JOINT VENTURE.(Shapiro, Stephen) [Transferred from Maryland on 1/6/2023.]
November 4, 2022 Filing 1 COMPLAINT Interpleader Complaint against Brasfond USA Corporation , Fidelity and Deposit Company of Maryland, Zurich American Insurance Company, filed by CHESAPEAKE TUNNEL JOINT VENTURE. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet, #5 Summons re Brasfond USA Corporation, #6 Summons re Fidelity and Deposit Company of Maryland, #7 Summons re Zurich American Insurance Company)(Shapiro, Stephen) [Transferred from Maryland on 1/6/2023.]

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Plaintiff: Chesapeake Tunnel Joint Venture
Represented By: Stephen Brett Shapiro
Represented By: Gregory H Koger
Represented By: Stephen B. Shapiro
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Defendant: Brasfond USA Corporation
Represented By: Laurin H Mills
Represented By: Laurin Howard Mills
Represented By: Barbara G. Werther
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Defendant: Fidelity and Deposit Company of Maryland
Represented By: Adam Michael Tuckman
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Defendant: Zurich American Insurance Company
Represented By: Adam Michael Tuckman
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