Crenshaw Plumbing Company, LLC v. Leebcor Services, LLC et al
| Crenshaw Plumbing Company, LLC |
| Leebcor Services, LLC and Hartford Fire Insurance Company |
| 4:2017cv00006 |
| January 23, 2017 |
| US District Court for the Eastern District of Virginia |
| Newport News Office |
| Out of State |
| Mark S Davis |
| Douglas E Miller |
| Miller Act |
| 40 U.S.C. § 0270 |
| None |
Docket Report
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This docket was last retrieved on May 30, 2017. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 55 NOTICE of Voluntary Dismissal by Crenshaw Plumbing Company, LLC (Lynch, Thomas) |
| Settlement Conference held on 5/16/2017 before Magistrate Judge Douglas E. Miller. (lwoo) |
| NOTICE TO COUNSEL: The court has been advised that this matter is settled. At the direction of the court, we must notify you that the matter will be dismissed agreed with prejudice unless an otherwise appropriate dismissal order is submitted by counsel within eleven (11) days from the date of this notice. This deadline may be extended only by an order of the court obtained by counsel. (ldab, ) |
| Reset Hearings: Settlement Conference set for 5/16/2017 at 09:30 AM in Newport News Judges Chamber before Magistrate Judge Douglas E. Miller. (lwoo) |
Filing 54
SETTLEMENT CONFERENCE ORDER: All parties and their lead counsel are required to appear at a settlement conference scheduled in the United States District Court, 600 Granby Street, Room 181, Norfolk, Virginia 23510 at 9:30 a.m. on May 16, 2017, for the purpose of conducting discussions, in good faith,towards a compromised resolution of this case. Counsel must notify parties attending the settlement conference that electronic equipment (cell phones, pagers, laptops, etc.) is not permitted in the courthouse without the express permission of the Court. Submit a brief memorandum of five pages or less directly to the chambers of the undersigned via facsimile to 757-222-7188 (do not file in the clerk's office) by noon on May 12, 2017. Do not serve a copy of the letter on the opposing party unless you wish to disclose yoursettlement position. The court will confirm with counsel the exact location for the settlement conference approximately a week before the scheduled conference. If chambers become available and if counsel's schedules allow, the conference may be moved to the Newport News Courthouse. (SEE ORDER FOR FURTHER DETAILS)Signed by Magistrate Judge Douglas E. Miller on 4/20/2017. (bgra)
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| Set Deadlines/Hearings Settlement Conference set for 5/16/2017 at 09:30 AM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (afor) |
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Filing 53
ORDER Granting #51 Motion for Extension of Time to File Response/Reply. Upon consideration of the Consent Motion to Refer Case for Settlement Conference and Continue Deadline for Opposition to Motion to Dismiss, and the consent of the parties to the said motion, it is hereby ORDERED that the motion is granted, and further, ORDERED that this case shall be referred to a magistrate judge for a settlement conference to occur within 90 days of the date of this order, and further, ORDERED that plaintiff Crenshaw Pluming Co., LLC may timely file a response to the motion to dismiss filed by defendants, Leebcor Services, LLC ("Leebcor") and Hartford Fire Insurance Company ("Hartford") on or before 10 days after the settlement conference is concluded. Signed by District Judge Mark S. Davis and filed on 4/12/17. Copies distributed to all parties 4/12/17 (ldab, )
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| Filing 52 Memorandum in Support re #51 Consent MOTION for Extension of Time to File Response/Reply as to #48 MOTION to Dismiss for Failure to State a Claim , #49 Memorandum in Support and consent motion to refer case to settlement conference filed by Crenshaw Plumbing Company, LLC. (Lynch, Thomas) |
| Filing 51 Consent MOTION for Extension of Time to File Response/Reply as to #48 MOTION to Dismiss for Failure to State a Claim , #49 Memorandum in Support and consent motion to refer case to settlement conference by Crenshaw Plumbing Company, LLC. (Attachments: #1 Proposed Order)(Lynch, Thomas) |
| Filing 50 Telephone Status Conference held on 4/4/2017 before District Judge Mark S. Davis: Paul McManus, OCR. Present on the Telephone: Thomas Lynch, on behalf of Plaintiff. Thomas Coulter and David Hirschler, III, on behalf of the Defendants. Court and counsel reviewed status of the case. Call ended. (vwar) |
| Filing 49 Memorandum in Support re #48 MOTION to Dismiss for Failure to State a Claim filed by Hartford Fire Insurance Company, Leebcor Services, LLC. (Attachments: #1 Exhibit)(Hirschler, David) |
| Filing 48 MOTION to Dismiss for Failure to State a Claim by Hartford Fire Insurance Company, Leebcor Services, LLC. (Hirschler, David) |
| Telephone Status Conference set for 4/4/2017 at 03:00 PM in Norfolk Judges Chamber before District Judge Mark S. Davis. (vwar) |
| Filing 47 NOTICE of Appearance by Thomas Ryan Lynch on behalf of Crenshaw Plumbing Company, LLC (Lynch, Thomas) |
| Filing 46 NOTICE of Appearance by David Sutton Hirschler, III on behalf of Hartford Fire Insurance Company, Leebcor Services, LLC (Hirschler, David) |
| Filing 45 NOTICE of Appearance by Thomas Andrew Coulter on behalf of Hartford Fire Insurance Company, Leebcor Services, LLC (Coulter, Thomas) |
| Notice to all counsel of record: It will be necessary for you to associate local counsel admitted to practice in this court, pursuant to our Local Rule 83.1 (D) and (F). Local counsel also must be registered for electronic filing in this court. Please arrange for ECF-registered local counsel to make an appearance by electronic filing immediately. Thank you for your cooperation. (ldab, ) |
| Filing 44 Case transferred in from District of Tennessee Western; Case Number 2:16-cv-02131. Original file and docket sheet received. |
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Filing 43
ORDER Granting DE #13 and DE #28 Motions to Transfer Venue signed by Judge John T. Fowlkes, Jr. on 1/17/17. Case is ordered transferred to EDVA. (Fowlkes, J.) [Transferred from Tennessee Western on 1/23/2017.]
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| Filing 42 SETTING LETTER: [TEXT ONLY - NO IMAGE ATTACHED] Scheduling/Status Conference set for 1/23/2017 09:00 AM in Courtroom 3 - Memphis before Judge John T. Fowlkes Jr.. (wrh) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 41 Minute Entry for proceedings held before Judge John T. Fowlkes, Jr.: Scheduling Conference held on 1/10/2017. Counsel for Plaintiff, John David Willet present in Court. Defense counsel Gadson William Perry present in Court, David Sutton Hirschler present telephonically. Both parties would like the Court to rule on pending Motion to Dismiss DE#26 ; defense would like the Court to rule prior to mediation. The Court will hold off on entering the scheduling order & will review the pending Motions DE#26 Motion to Dismiss & DE#28 Motion to Change Venue. Case continued to Monday, 01/23/2017 at 9:00 a.m. for Scheduling/Status Conference. (Court Reporter Lynn Dudley.) (wrh) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 40 REPORT of Rule 26(f) Planning Meeting . (Attachments: #1 Exhibit Proposed Scheduling Order)(Getz, Joseph) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 39 SETTING LETTER: [TEXT ONLY - NO IMAGE ATTACHED] Scheduling Conference RESET for 1/10/2017 09:00 AM in Courtroom 3 - Memphis before Judge John T. Fowlkes Jr.. (wrh) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 38 Document entered in error. (ljf). [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 37 SETTING LETTER: Scheduling Conference set for 11/29/2016 at 11:00 AM in Courtroom 3 - Memphis, before Judge John T. Fowlkes Jr. A JOINT proposed scheduling order in WORD format should be submitted at least 4 days prior to the scheduling/status conference to the ECF propdocs email address, ECF_Judge_Fowlkes@tnwd.uscourts.gov. Please follow Judge Fowlkes scheduling guidelines at https://connection.tnwd.circ6.dcn. Counsel should be prepared to set case deadlines and discuss case status and all pending motions at the conference. Following the scheduling conference, the approved order will be filed by the Case Manager.(pyb) [Transferred from Tennessee Western on 1/23/2017.] |
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Filing 36
ORDER Granting DE #35 Motion to Withdraw as Attorney signed by Judge John T. Fowlkes, Jr. on 7/27/16. Attorney Justin R. Giles, III terminated. (Fowlkes, J.) [Transferred from Tennessee Western on 1/23/2017.]
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| Filing 35 MOTION to Withdraw as Attorney Proposed Order Submitted by Crenshaw Plumbing Company, LLC. (Attachments: #1 Certificate of Consultation)(Getz, Joseph) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 34 REPLY to Response to Motion re #33 Response in Opposition to Motion to Dismiss filed by Hartford Fire Insurance Company. (Coulter, Thomas) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 33 RESPONSE in Opposition re #26 MOTION to Dismiss filed by Crenshaw Plumbing Company, LLC. (Giles, Justin) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 32 REPLY to Response to Motion re #29 Response in Opposition to Motion to Transfer Venue filed by Hartford Fire Insurance Company. (Coulter, Thomas) [Transferred from Tennessee Western on 1/23/2017.] |
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Filing 31
ORDER Granting DE #30 Motion for Leave to File signed by Judge John T. Fowlkes, Jr. on 5/26/16. (Fowlkes, J.) [Transferred from Tennessee Western on 1/23/2017.]
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| Filing 30 MOTION for Leave to File Reply Memorandum in Support of Motion to Transfer Venue by Hartford Fire Insurance Company. (Attachments: #1 Exhibit Proposed Reply Memorandum in Support of Motion to Transfer Venue)(Coulter, Thomas) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 29 RESPONSE in Opposition re #28 MOTION to Change Venue filed by Crenshaw Plumbing Company, LLC. (Giles, Justin) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 28 MOTION to Change Venue by Hartford Fire Insurance Company. (Attachments: #1 Memorandum Memorandum in Support of Motion to Transfer Venue)(Coulter, Thomas) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 27 Corporate Disclosure Statement by Hartford Fire Insurance Company. (Coulter, Thomas) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 26 MOTION to Dismiss by Hartford Fire Insurance Company. (Attachments: #1 Memorandum Memorandum in Support of Motion to Dismiss)(Coulter, Thomas) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 25 Corporate Disclosure Statement by Leebcor Services, LLC. (Coulter, Thomas) [Transferred from Tennessee Western on 1/23/2017.] |
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Filing 24
ORDER Granting DE #23 Motion for Leave to Appear Pro Hac Vice signed by Judge John T. Fowlkes, Jr. on 4/27/16. (Fowlkes, J.) [Transferred from Tennessee Western on 1/23/2017.]
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| Filing 23 First MOTION for Leave to Appear Pro Hac Vice David Sutton Hirschler III (Filing fee $ 150 receipt number 0651-2312602) by Leebcor Services, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing)(Hirschler, David) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 22 REPLY to Response to Motion re #17 Response to Motion to Transfer Venue filed by Leebcor Services, LLC. (Coulter, Thomas) [Transferred from Tennessee Western on 1/23/2017.] |
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Filing 21
ORDER Granting DE #19 Motion for Leave to File signed by Judge John T. Fowlkes, Jr. on 4/25/16. (Fowlkes, J.) [Transferred from Tennessee Western on 1/23/2017.]
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| Filing 20 REPLY to Response to Motion re #18 Response to Motion to Dismiss filed by Leebcor Services, LLC. (Coulter, Thomas) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 19 MOTION for Leave to File (unopposed) (proposed order submitted) by Leebcor Services, LLC. (Attachments: #1 Memorandum Reply Memorandum in Support of Motion to Transfer Venue)(Coulter, Thomas) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 18 RESPONSE to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, FOR LACK OF SUBJECT MATTER JURISDICTION filed by Crenshaw Plumbing Company, LLC. (Giles, Justin) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 17 RESPONSE to Motion re #13 MOTION to Change Venue , proposed order submitted, filed by Crenshaw Plumbing Company, LLC. (Giles, Justin) [Transferred from Tennessee Western on 1/23/2017.] |
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Filing 16
ORDER Granting DE #14 Motion for Leave to Appear Pro Hac Vice signed by Judge John T. Fowlkes, Jr on 4/4/16. (Fowlkes, J.) [Transferred from Tennessee Western on 1/23/2017.]
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| Filing 15 COURTESY NOTICE filed in error; please disregard. Filer is not required to resubmit document. (wjn) . [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 14 MOTION to Appoint Counsel , MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number 0651-2298331) by Leebcor Services, LLC. (Attachments: #1 Exhibit Certificates)(Coulter, Thomas) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 13 MOTION to Change Venue , proposed order submitted, by Leebcor Services, LLC. (Attachments: #1 Memorandum of Law, #2 Exhibit A to Memorandum of Law)(Perry, Gadson) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, FOR LACK OF SUBJECT MATTER JURISDICTION by Leebcor Services, LLC. (Attachments: #1 Memorandum of Law)(Perry, Gadson) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 11 Notice of Correction to #9 Notice of Appearance, Notice of Appearance. (Giles, Justin) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 10 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #9 Notice of Appearance, filed by Crenshaw Plumbing Company, LLC has been filed. However, the following deficiency has been found: the filer is responsible for filing the correct documents in CM/ECF. Please submit your Notice of Appearance via a Notice of Correction referencing DE #9, which is now sealed. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (wjn) . [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 9 NOTICE of Appearance by Justin R. Giles, III on behalf of Crenshaw Plumbing Company, LLC (Attachments: #1 Exhibit Bond, #2 Exhibit Subcontract, #3 Exhibit Change Orders, #4 Exhibit Demand Letter, #5 Exhibit Claim Letter, #6 Summons Hartford, #7 Summons Leebcor)(Giles, Justin) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 8 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 7 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 6 Summons Issued as to Leebcor Services, LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 5 Summons Issued as to Hartford Fire Insurance Company. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 4 Notice of Correction to 3 Deficiency Notice,, . (Attachments: #1 Exhibit Bond, #2 Exhibit Subcontract, #3 Exhibit Change Orders, #4 Exhibit Demand Letter, #5 Exhibit Bond Claim, #6 Summons Hartford, #7 Summons Leebcor)(Getz, Joseph) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 3 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Complaint, filed by Crenshaw Plumbing Company, LLC has been filed. However, the following deficiency has been found: The filer is not the attorney that signed the complaint and is not listed in the complaint. The represented by has listed the plaintiff as the attorney. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jld) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 2 Judge John T. Fowlkes, Jr and Magistrate Judge Tu M. Pham added. (jld) [Transferred from Tennessee Western on 1/23/2017.] |
| Filing 1 COMPLAINT for Damages against All Defendants (Filing fee $ 400 receipt number 0651-2275541), filed by Crenshaw Plumbing Company, LLC. (Attachments: #1 Exhibit Payment Bond, #2 Exhibit Subcontract Agreement, #3 Exhibit Change Orders, #4 Exhibit Demand Letter, #5 Exhibit Claim on Bond, #6 Summons Defendant Leebcor, #7 Summons Defendant Hartford Fire Ins., #8 Civil Cover Sheet)(Willet, John) [Transferred from Tennessee Western on 1/23/2017.] |
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