United States of America for the use of Salinas Construction, Inc. v. Western Surety Company
| United States of America for the use of Salinas Construction, Inc. |
| Western Surety Company |
| Fidelity and Deposit Company of Maryland |
| Salinas Construction, Inc. |
| CJW Construction, Inc. |
| 2:2014cv01963 |
| December 24, 2014 |
| US District Court for the Western District of Washington |
| Seattle Office |
| King |
| James L Robart |
| Miller Act |
| 40 U.S.C. § 270 |
| Defendant |
Docket Report
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This docket was last retrieved on September 2, 2016. A more recent docket listing may be available from PACER.
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| Filing 120 JUDGMENT BY COURT; Defendants Western Surety Company and CJW Construction, Inc.'s motion for costs (Dkt. #111 ) is GRANTED in part and DENIED in part and Defendants are AWARDED $20,788.51 in costs. (Order (Dkt. #119 ).) Plaintiff Salinas Construction, Inc., and Counterclaim-Defendant Fidelity and Deposit Company of Maryland's motion for costs (Dkt. # 113) is DENIED. (Id.) (AD) |
Filing 119
ORDER ON MOTIONS FOR A BILL OF COSTS by Judge James L. Robart.The court DENIES Salinas and Fidelity's motion (Dkt. #113 ), GRANTS in part and DENIES in part CJW and Western's motion (Dkt. #111 ), reduces CJW and Western's exemplification and copying costs by $525.00, and AWARDS CJW and Western $20,788.51 in total costs. (AD)
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| Filing 118 DECLARATION of Sarah Cox filed by Intervenor Defendant Salinas Construction, Inc. re #113 MOTION FOR BILL OF COSTS (Cox, Sarah) |
| Filing 117 REPLY, filed by Intervenor Defendant Salinas Construction, Inc., TO RESPONSE to #113 MOTION FOR BILL OF COSTS (Cox, Sarah) |
| Filing 116 RESPONSE, by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company, to #113 MOTION FOR BILL OF COSTS . (Knudsen, Katherine) |
| Filing 115 DECLARATION of Michael E. Hagen filed by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company re #111 MOTION FOR BILL OF COSTS (Knudsen, Katherine) |
| Filing 114 REPLY, filed by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company, TO RESPONSE to #111 MOTION FOR BILL OF COSTS (Knudsen, Katherine) |
| MOTION REFERRED to Deputy in Charge Joe Whiteley: re #113 MOTION FOR BILL OF COSTS filed by United States of America for the use of Salinas Construction, Inc. (AD) |
| Filing 113 MOTION FOR BILL OF COSTS by Plaintiff United States of America for the use of Salinas Construction, Inc.. (Attachments: #1 Bill of Costs) Noting Date 8/12/2016, (Cox, Sarah) |
| Filing 112 RESPONSE, by Plaintiff United States of America for the use of Salinas Construction, Inc., to #111 MOTION FOR BILL OF COSTS . (Cox, Sarah) |
| MOTION REFERRED to Deputy in Charge Joe Whiteley: re #111 MOTION FOR BILL OF COSTS filed by Western Surety Company (AD) |
| Filing 111 MOTION FOR BILL OF COSTS by Defendant Western Surety Company. (Attachments: #1 Bill of Costs) Noting Date 7/29/2016, (Knudsen, Katherine) |
| Filing 110 AMENDED JUDGMENT IN A CIVIL CASE; Based on the jury's responses on the jury verdict form (Dkt. #68 ) and the court's post-trial order (Dkt. #109 ), the court enters judgment for Salinas Construction, Inc. and against CJW Construction, Inc. in the amount of $11,187.00; and for CJW Construction, Inc. and against Salinas Construction, Inc. in the amount of $36,102.92, of which Fidelity and Deposit Company of Maryland jointly owes $31,393.84, except that CJW Construction, Inc. may not double-recover these amounts. (AD) |
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Filing 109
ORDER by Judge James L. Robart. The court GRANTS Defendants' motion for judgment as a matter of law (Dkt. #88 ); Clerk DIRECTED to issue an amended judgment in accordance with the jury's verdict (Dkt. # 68) and this order. The Court LIFTS the stay of execution of judgment and the requirement that CJW maintain its supersedeas bond (Dkt. #83 , #87 ). Because the briefing on the pending motions for bills of costs implicates Salinas's damages award, the court DENIES both motions (Dkt. # #84 , #85 ) WITHOUT PREJUDICE to renewing those motions, pursuant to Local Civil Rule 54(d), within 21 days of the entry of an amended judgment. (AD)
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| Filing 108 DECLARATION of Katherine M. Knudsen filed by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company re #88 MOTION Rule 50 (b) Motion for Judgment as a Matter of Law (Knudsen, Katherine) |
| Filing 107 REPLY, filed by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company, TO RESPONSE to #88 MOTION Rule 50 (b) Motion for Judgment as a Matter of Law (Knudsen, Katherine) |
| Filing 106 DECLARATION of Sarah Cox filed by Plaintiff United States of America for the use of Salinas Construction, Inc. re #88 MOTION Rule 50 (b) Motion for Judgment as a Matter of Law (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cox, Sarah) |
| Filing 105 RESPONSE, by Plaintiff United States of America for the use of Salinas Construction, Inc., to #88 MOTION Rule 50 (b) Motion for Judgment as a Matter of Law . (Cox, Sarah) |
| Filing 104 NOTICE of Appearance by attorney Sarah Cox on behalf of Plaintiff United States of America for the use of Salinas Construction, Inc.. (Cox, Sarah) |
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Filing 103
ORDER by Judge James L. Robart. The court finds that Salinas Construction, Inc.'s opposition (Resp. (Dkt. #99 )) contains deficient citation to the record and GRANTS Salinas leave to supplement its briefing in the manner described in the Order. (AD)
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| Filing 102 DECLARATION of Craig A. Ramseyer in Support of CJW Construction, Inc.'s and Western Surety Company's Rule 50(b) Motion for Judgment As a Matter of Law filed by Intervenor Defendant Salinas Construction, Inc. re #88 MOTION Rule 50 (b) Motion for Judgment as a Matter of Law (Attachments: #1 Exhibit 1-6)(Ramseyer, Craig) |
| Filing 101 REPLY, filed by Intervenor Plaintiff CJW Construction, Inc., TO RESPONSE to #88 MOTION Rule 50 (b) Motion for Judgment as a Matter of Law (Ramseyer, Craig) |
| Filing 100 NOTICE of Unavailability of counsel Todd W. Blischke for Defendant Western Surety Company from 5/9/16 - 5/13/16. (Blischke, Todd) |
| Filing 99 RESPONSE, by Plaintiff United States of America for the use of Salinas Construction, Inc., to #88 MOTION Rule 50 (b) Motion for Judgment as a Matter of Law . Oral Argument Requested. (Berger, Tymon) |
| Filing 98 REPLY, filed by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company, TO RESPONSE to #84 MOTION FOR BILL OF COSTS (Visbeek, Sarah) |
| Filing 97 REPLY, filed by Plaintiff United States of America for the use of Salinas Construction, Inc., TO RESPONSE to #85 MOTION FOR BILL OF COSTS (Berger, Tymon) |
| Filing 96 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial, Vol. V held on 3/18/2016 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 7/28/2016, (AR) |
| Filing 95 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial, Vol. IV held on 3/17/2016 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 7/28/2016, (AR) |
| Filing 94 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial, Vol. III held on 3/16/2016 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 7/28/2016, (AR) |
| Filing 93 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial, Vol. II held on 3/15/2016 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 7/28/2016, (AR) |
| Filing 92 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial, Vol. I held on 3/14/2016 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 7/28/2016, (AR) |
| Filing 91 RESPONSIVE BRIEF to CJW/W. Surety Bill of Costs by Plaintiff United States of America for the use of Salinas Construction, Inc.. (Berger, Tymon) |
| Filing 90 RESPONSE, by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company, to #85 MOTION FOR BILL OF COSTS . (Visbeek, Sarah) |
| Filing 89 DECLARATION of Craig A. Ramseyer filed by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company re #88 MOTION Rule 50 (b) Motion for Judgment as a Matter of Law (Attachments: #1 Exhibit Ex A-D, #2 Exhibit Ex E-K)(Knudsen, Katherine) |
| Filing 88 MOTION Rule 50 (b) Motion for Judgment as a Matter of Law by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 5/6/2016, (Knudsen, Katherine) |
| Filing 87 Supersedeas BOND in the amount of $39,387.00, Bond No. 58733422, from Western Surety Company. posted by CJW Construction, Inc., Western Surety Company re #83 Order on Motion for Miscellaneous Relief, (Knudsen, Katherine) |
| PLEASE DISREGARD. ***Motion terminated: #84 MOTION FOR BILL OF COSTS filed by Western Surety Company, CJW Construction, Inc. This is not a motion but a proposed Bill of Costs. Motion for Bill of Costs filed as Dkt. #85 (PM) Modified on 4/13/2016 (PM). |
| NOTICE of Docket Text Modification re #84 MOTION FOR BILL OF COSTS : Motion reinstated; previously termed due to clerical error. (PM) |
| MOTION(S) REFERRED to Deputy in Charge Joe Whiteley: re #85 MOTION FOR BILL OF COSTS filed by United States of America for the use of Salinas Construction, Inc. (PM) |
| MOTION(S) REFERRED to Deputy in Charge Joe Whiteley: re #84 MOTION FOR BILL OF COSTS filed by Western Surety Company, CJW Construction, Inc. (PM) |
| Filing 86 PRAECIPE to attach document re #85 MOTION FOR BILL OF COSTS by Plaintiff United States of America for the use of Salinas Construction, Inc. (Attachments: #1 Exhibit Declaration of Tymon Berger, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H)(Berger, Tymon) |
| Filing 85 MOTION FOR BILL OF COSTS by Plaintiff United States of America for the use of Salinas Construction, Inc.. Noting Date 4/29/2016, (Berger, Tymon) |
| Filing 84 MOTION FOR BILL OF COSTS by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company. Noting Date 4/29/2016, (Visbeek, Sarah) Modified on 4/13/2016 to retitle document. Motion filed as Dkt. #85 . (PM). Modified on 4/13/2016 to reinstate Motion (PM). |
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Filing 83
ORDER STAYING EXECUTION OF JUDGMENT by Judge James L. Robart.The court GRANTS in part and DENIES in part CJW and Western's motion and STAYS execution of the judgment and all proceedings to enforce the judgment ON THE CONDITION that CJW Construction, Inc. posts a supersedeas bond in the amount of $39,387.00 no later than April 20, 2016. (AD)
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| Filing 82 REPLY, filed by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company, TO RESPONSE to #72 MOTION to Stay Execution of Judgment (Visbeek, Sarah) |
| Filing 81 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Motion Renewed held on 3/18/2016 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 7/6/2016, (AR) |
| Filing 80 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Motions held on 3/17/2016 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 7/6/2016, (AR) |
| Filing 79 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Testimony - William Manginelli held on 3/17/2016 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 7/6/2016, (AR) |
| Filing 78 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Testimony - John Salinas II, Vol. 2 held on 3/17/2016 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 7/6/2016, (AR) |
| Filing 77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Testimony - John Salinas II, Vol. 1 held on 3/16/2016 before Judge James L. Robart.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 7/6/2016, (AR) |
| Filing 76 RESPONSE, by Plaintiff United States of America for the use of Salinas Construction, Inc., to #72 MOTION to Stay Execution of Judgment . (Attachments: #1 Proposed Order)(Berger, Tymon) |
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Filing 75
ORDER STAYING EXECUTION OF JUDGMENT by Judge James L. Robart. The court GRANTS IN PART and DENIES IN PART the #72 motion to stay execution of judgment; the court ORDERS Salinas Construction, Inc., and Fidelity and Deposit Company of Maryland to file a response brief not to exceed six pages by Wednesday, 4/6/2016; Moving Parties may, but are not required to, file a reply memorandum of no more than three pages by Friday, 4/8/2016; the court STAYS execution of the judgment (dkt. #70 ) pending resolution of this motion (dkt. #72 ). (AD)
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| Filing 74 DECLARATION of Carla Whitehead filed by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company re #72 MOTION to Stay Execution of Judgment (Visbeek, Sarah) |
| Filing 73 DECLARATION of Craig A. Ramseyer filed by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company re #72 MOTION to Stay Execution of Judgment (Visbeek, Sarah) |
| Filing 72 MOTION to Stay Execution of Judgment by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company. (Attachments: #1 Proposed Order) Noting Date 3/31/2016, (Visbeek, Sarah) |
| Filing 71 NOTICE of Association of Attorney by Sarah S. Visbeek on behalf of Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company. (Visbeek, Sarah) |
| Filing 70 JUDGMENT BY JURY; Based on the jury's responses on the jury verdict form (Dkt. #68 ), the court enters judgment for Salinas Construction, Inc. and against CJW Construction, Inc. in the amount of $227,487.00, of which Western Surety Company jointly owes $188,100.00, except that Salinas Construction, Inc. may not double-recover these amounts; and for CJW Construction, Inc. and against Salinas Construction, Inc. in the amount of $36,102.92, of which Fidelity and Deposit Company of Maryland jointly owes $31,393.84, except that CJW Construction, Inc. may not double-recover these amounts. (AD) |
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Filing 69
MINUTE ORDER by Judge James L. Robart. The court DENIES CJW and Western's Rule 50(a) motion as moot, without prejudice to re-raising the same legal questions in a motion under Rule 50(b). The court further DIRECTS the Clerk to enter judgment on the verdict. (AD)
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| Filing 68 JURY VERDICT FORM. (CC) |
| Filing 67 Jury Notes. (CC) |
| Filing 66 Jury Instructions. (CC) |
| Filing 65 MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Tymon Berger, Sarah Cox; Def Counsel: Craig Ramseyer; CR: Andrea Ramirez; - Day 5 - Jury Trial completed on 3/18/2016. 8:30 a.m. - John King resumes the stand. Brian Delaney is sworn and testifies.10:30 a.m. - Defense rests. Defense renews their Rule 50 motion. The court takes the matter under advisement. The court reads the Jury Instructions. The jury hears closing arguments from counsel. Exhibits admitted: 24 and A-3, A-14, A-15, A-48, A-72, A-78, A-404 (previously marked as A-101), A-687. 12:55 p.m. - The jury begins deliberations. 4:55 p.m. & 5:00 p.m. - Jury questions. 5:10 p.m. - The jury reaches a verdict. The jury finds in favor of the plaintiff and the defendant. The jury is thanked and excused. Court in recess at 5:25 p.m. (CC) |
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Filing 64
ORDER - It is the ORDER of the court that the Clerk of the Court pay for the meals of the jurors at the expense of the United States Courts by Judge James L. Robart. (CC)
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| Filing 63 MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Tymon Berger, Sarah Cox; Def Counsel: Craig Ramseyer; CR: Andrea Ramirez; - Day 4 - Jury Trial held on 3/17/2016. 9:00 a.m. - John Salinas II resumes the stand. Witnesses sworn and testify: Robert Shogren and Randall Poston. 11:10 a.m. - Plaintiff rests. Witnesses sworn and testify: Brian McDonald. Out of the presence of the jury, defense moves for judgment and to strike trial exhibit. The court questions John Salinas II. The court takes the Rule 50 matter under advisement and denies the motion to strike trial exhibit. Witnesses sworn and testify: William Manginelli, John King. Exhibits admitted: 3, 54, 100 and A-9, A-13. Jury excused at 4:20 p.m. Counsel make formal jury exceptions on the record. Court in recess at 5:05 p.m. Court to resume Friday, March 18, 2016 at 8:30 a.m. (CC) |
| Filing 62 MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Tymon Berger, Sarah Cox; Def Counsel: Craig Ramseyer; CR: Andrea Ramirez; Day 3 - Jury Trial held on 3/16/2016. 9:00 a.m. - Johnnie Zabel resumes the stand. John Salinas II is sworn and testifies. Exhibits admitted: 4, 30, 35, 37, 39 and A-139, A-140-89, A-648. Exhibits admitted for demonstrative purposes: 51-008, 51-009, 51-010, 51-016, 51-022, 51-028, 51-033, 51-036, 51-037, 51-38. The jury is excused at 4:30 p.m. The court meets with counsel to informally review jury instructions. Court to resume Thursday, March 17, 2017 at 9:00 a.m. (CC) |
| Filing 61 MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Tymon Berger, Sarah Cox; Def Counsel: Craig Ramseyer; CR: Andrea Ramirez; Day 2 - Jury Trial held on 3/15/2016. 9:30 a.m. - John Salinas resumes the stand. Witnesses sworn and testify: Joseph Sullivan, Johnnie Zabel. Exhibits admitted: 1,2,13,26,27,28,29,31,53b,53f,53g,53h,53j,53k,53q and A-67,A-97,A-194,A-201,A-214,A-275,A-282. Exhibits admitted for demonstrative purposes: 51-001,51-003,51-004,51-005,51-006. Court in recess at 4:30 p.m. Court to resume Wednesday, March 16, 2016 at 9:00 a.m. (CC) |
| Filing 60 MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Tymon Berger, Sarah Cox; Def Counsel: Craig Ramseyer; CR: Andrea Ramirez; Day 1 - Jury Trial begun on 3/14/2016. 9:00 a.m. - Jury panel sworn/voir dire. 11:50 a.m. - Counsel accepts the jury. The jury is sworn/instructed. 1:30 p.m. - Opening statements. John Salinas is sworn and testifies. Exhibits admitted: 51-002,53-u. 4:30 p.m. - Court is in recess. Court to resume Tuesday, March 15, 2016 at 9:00 a.m. (CC) |
| Filing 59 Preliminary Jury Instructions (AD) |
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Filing 58
PRETRIAL ORDER by Judge James L. Robart. (AD)
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| Filing 57 Jury Peremptory Challenges. (CC) |
| Filing 56 PRAECIPE re 55 Telephone Conference,, Praecipe re Jack Scott Testifying at Trial by Plaintiff United States of America for the use of Salinas Construction, Inc. (Attachments: #1 Supplement, #2 Supplement)(Berger, Tymon) |
| Filing 55 MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Tymon Berger; Def Counsel: Craig Ramseyer; CR: Andrea Ramirez; Time of Hearing: 2:00 p.m.; Telephone Conference held on 3/10/2016. Trial is scheduled to begin Monday, March 14, 2016 at 10:00 a.m. Each side will be allowed 12 hours of trial time, for a total of 24 hours. For the reasons stated on the record, the court grants in part, denies in part and defers in part the motion to exclude, Dkt. #41. The court discusses Jury Instruction No. 2 with counsel. Each side may submit a proposed Jury Instruction No. 2 by the close of business, Friday, March 11, 2016. (CC) |
| Filing 54 SUPPLEMENT re #49 Response to Motion to Exclude Expert Testimony by Plaintiff United States of America for the use of Salinas Construction, Inc. (Berger, Tymon) |
| Filing 53 MINUTE ORDER - The Court will allow attorneys and staff to bring food, water, and soda into the courthouse for the jury trial scheduled to begin Monday, March 14, 2016 and expected to conclude by March 18, 2016. (CC) |
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Filing 52
MINUTE ORDER Setting Hearing on Motion re Intervenor plaintiff CJW Construction and Defendant Western Surety Co's #41 MOTION to Exclude Expert Testimony and Trial Testimony of Undisclosed Witnesses : Motion Hearing set for 3/10/2016 at 04:00 PM by Judge James L. Robart. (RS)
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| Filing 51 DECLARATION of John Salinas II filed by Plaintiff United States of America for the use of Salinas Construction, Inc. re #41 MOTION to Exclude Expert Testimony and Trial Testimony of Undisclosed Witnesses (Attachments: #1 Exhibit 1)(Berger, Tymon) |
| Filing 50 DECLARATION of Tymon Berger filed by Plaintiff United States of America for the use of Salinas Construction, Inc. re #41 MOTION to Exclude Expert Testimony and Trial Testimony of Undisclosed Witnesses (Attachments: #1 Exhibit A - C, #2 Exhibit D - H)(Berger, Tymon) |
| Filing 49 RESPONSE, by Plaintiff United States of America for the use of Salinas Construction, Inc., to #41 MOTION to Exclude Expert Testimony and Trial Testimony of Undisclosed Witnesses. (Attachments: #1 Proposed Order)(Berger, Tymon) |
| Set/Reset Hearings: Jury Trial is set for 3/14/2016 at 10:00 AM before Judge James L. Robart. (CC) |
| Filing 48 Proposed Voir Dire by Plaintiff United States of America for the use of Salinas Construction, Inc.. (Berger, Tymon) |
| Filing 47 TRIAL BRIEF by Plaintiff United States of America for the use of Salinas Construction, Inc.. (Berger, Tymon) |
| Filing 46 Proposed Special Jury Verdict Form by Intervenor Plaintiff CJW Construction, Inc., Intervenor Defendant Salinas Construction, Inc., Counter Claimant Salinas Construction, Inc., Defendant Western Surety Company. (Knudsen, Katherine) |
| Filing 45 Proposed Jury Instructions by Intervenor Plaintiff CJW Construction, Inc., Intervenor Defendant Salinas Construction, Inc., Counter Claimant Salinas Construction, Inc., Defendant Western Surety Company (Attachments: #1 Joint Statement of Disputed Jury Instructions)(Knudsen, Katherine) |
| Filing 44 Proposed Voir Dire by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company. (Knudsen, Katherine) |
| Filing 43 TRIAL BRIEF by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company. (Knudsen, Katherine) |
| Filing 42 DECLARATION of Katherine Knudsen in Supp. of CJW's Mtn to Exclude Expert Testimony & Trial Testimony of Undisclosed Witnesses filed by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company re #41 MOTION to Exclude Expert Testimony and Trial Testimony of Undisclosed Witnesses (Attachments: #1 Exhibit A-D, #2 Exhibit E-H)(Dishaw, Meredith) |
| Filing 41 MOTION to Exclude Expert Testimony and Trial Testimony of Undisclosed Witnesses by Intervenor Plaintiff CJW Construction, Inc., Defendant Western Surety Company. (Attachments: #1 Proposed Order Granting CJW's Mtn to Exclude Expert Testimony and Trial Testimony of Undisclosed Witnesses) Noting Date 3/14/2016, (Dishaw, Meredith) |
| Filing 40 MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Tymon Berger; Def Counsel: Craig Ramseyer, Meredith Dishaw; CR: Debbie Zurn; Pretrial Conference held on 2/22/2016. Trial is scheduled Monday, March 14, 2016 at 1:00 p.m. The court will allow 12 hours per side of trial time. Defense shall file a motion Tuesday, February 23, 2016 and the plaintiff shall file a response by noon, Wednesday, March 2, 2016. The court reviews trial procedures with counsel. The court encourages counsel to attend technology training. (CC) |
| Filing 39 Proposed Pretrial Order by Plaintiff United States of America for the use of Salinas Construction, Inc.. (Berger, Tymon) |
| Set/Reset Hearings: The Pretrial Conference scheduled Monday, February 22, 2016 at 10:45 a.m. is rescheduled for 4:00 p.m. before Judge James L. Robart. (CC) |
| Set/Reset Hearings: Pretrial Conference scheduled Monday, February 22, 2016 at 2:00 p.m. is rescheduled for 10:45 a.m. before Judge James L. Robart. (CC) |
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Filing 38
AMENDED STIPULATION TO MODIFY DISCOVERY AND ORDER by Judge James L. Robart. (RS)
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| Filing 37 STIPULATION AND PROPOSED ORDER to Modify Discovery (Amended) by parties re #35 Stipulation, #36 Order (Berger, Tymon) |
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Filing 36
ORDER denying #35 stipulated motion to continue discovery and related deadlines by Judge James L. Robart. (RS)
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| Filing 35 STIPULATION AND PROPOSED ORDER to modify discovery deadlines by parties (Berger, Tymon) |
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Filing 34
STIPULATION AND ORDER Expert Witness Disclosure/Reports under FRCP 26(a)(2) extended to 11/8/2015, by Judge James L. Robart. (RS)
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| Filing 33 STIPULATION AND PROPOSED ORDER to Extend the Deadline to Exchange Expert Witness Disclosures/Reports by parties (Dishaw, Meredith) |
| Filing 32 CJW Construction, Inc.'s ANSWER to #30 Answer to Intervenor Complaint, Counterclaim of Salinas Construction by CJW Construction, Inc..(Dishaw, Meredith) |
| Filing 31 NOTICE of Appearance by attorney Tymon Berger on behalf of Intervenor Defendants Fidelity and Deposit Company of Maryland, Salinas Construction, Inc.. (Berger, Tymon) |
| Filing 30 ANSWER to #19 Intervenor Complaint , COUNTERCLAIM against plaintiff CJW Construction, Inc. by Salinas Construction, Inc., Fidelity and Deposit Company of Maryland.(Berger, Tymon) |
| Filing 29 Summons Issued as to defendant(s) Fidelity and Deposit Company of Maryland, Salinas Construction, Inc.. (Attachments: #1 Summons)(LMK) |
| Filing 28 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by CJW Construction, Inc. (Dishaw, Meredith) |
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Filing 27
ORDER re #24 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Katherine M. Knudsen for CJW Construction Inc., by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 26
MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES, AND DESIGNATING CASE FOR MEDIATION; Length of Trial: *5 days*. Jury Trial is set for 3/7/2016 at 01:30 PM in Courtroom 14106 before Judge James L. Robart. Joinder of Parties due by 5/29/2015, Amended Pleadings due by 9/9/2015, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/9/2015, Motions due by 10/9/2015, Discovery completed by 11/9/2015, Dispositive motions due by 12/8/2015, Attorney settlement conference to be held by 1/7/2016, Motions in Limine due by 1/25/2016, Pretrial Order due by 2/17/2016, Pretrial Conference set for 2/22/2016 at 02:00 PM before Judge James L. Robart. Trial briefs to be submitted by 2/29/2016, Proposed voir dire/jury instructions due by 2/29/2016, by Judge James L. Robart. (CC)
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Filing 25
ORDER re #23 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Craig A Ramseyer for CJW Construction, Inc., by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| NOTICE Pursuant to Fed.R.Civ.P 7.1 Intervenor Plaintiff CJW Construction, Inc. must file a Corporate Disclosure Statement by 5/8/2015, (CC) |
| Filing 24 APPLICATION OF ATTORNEY Katherine M. Knudsen FOR LEAVE TO APPEAR PRO HAC VICE for Intervenor Plaintiff CJW Construction, Inc. (Fee Paid) Receipt No. 0981-4000903 (Blischke, Todd) |
| Filing 23 APPLICATION OF ATTORNEY Craig A. Ramseyer FOR LEAVE TO APPEAR PRO HAC VICE for Intervenor Plaintiff CJW Construction, Inc. (Fee Paid) Receipt No. 0981-4000902 (Blischke, Todd) |
| Filing 22 SUPPLEMENT re #19 Intervenor Complaint (unsigned) Summons to Fidelity and Deposit Company of Maryland by Intervenor Plaintiff CJW Construction, Inc. (Dishaw, Meredith) |
| Filing 21 SUPPLEMENT re #19 Intervenor Complaint (unsigned) Summons to Salinas Construction, Inc. by Intervenor Plaintiff CJW Construction, Inc. (Dishaw, Meredith) |
| Filing 20 CIVIL COVER SHEET re #19 Intervenor Complaint ; filed by Intervenor Plaintiff CJW Construction, Inc.. (Dishaw, Meredith) |
| Filing 19 Intervenor COMPLAINT by CJW Construction, Inc. Against Salinas Construction, Inc. and Fidelity and Deposit Company of Maryland, filed by CJW Construction, Inc.. (Attachments: #1 Exhibit A and B to Complaint)(Dishaw, Meredith) |
| Filing 18 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Michael A. Richard for Plaintiff United States of America for the use of Salinas Construction, Inc.. (Richard, Michael) |
| Filing 17 JOINT STATUS REPORT signed by all parties estimated Trial Days: 4-7. (Dishaw, Meredith) |
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Filing 16
ORDER re #15 Stipulation permitting intervention of CJW Construction, Inc. filed by Western Surety Company, by Judge James L. Robart. (MD)
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| Filing 15 STIPULATION AND PROPOSED ORDER Permitting Intervention by parties (Attachments: #1 Proposed Order Permitting Intervention)(Blischke, Todd) |
| Set/Reset Deadlines: FRCP 26f Conference Deadline is 4/10/2015, Initial Disclosure Deadline is 4/24/2015, Joint Status Report due by 4/24/2015, (CC) |
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Filing 14
ORDER re #10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Craig A Ramseyer for Western Surety Company, by William M. McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)).(No document associated with this docket entry, text only.)(DS)
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| Filing 13 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Continental Casualty Company, Corporate Parent Loews Corporation, Corporate Parent CNA Financial Corporation, Corporate Parent The Continental Corporation for Western Surety Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Western Surety Company (Blischke, Todd) |
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Filing 12
ORDER re #9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Katherine M Knudsen for Western Surety Company, by William M. McCool. (NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d)). (No document associated with this docket entry, text only.)(DS)
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| Filing 11 ANSWER to #1 Complaint with JURY DEMAND by Western Surety Company.(Blischke, Todd) |
| Filing 10 APPLICATION OF ATTORNEY Craig A. Ramseyer FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Western Surety Company (Fee Paid) Receipt No. 0981-3888707 (Blischke, Todd) |
| Filing 9 APPLICATION OF ATTORNEY Katherine M. Knudsen FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Western Surety Company (Fee Paid) Receipt No. 0981-3888679 (Blischke, Todd) |
| Filing 8 NOTICE of Appearance by attorney Meredith E Dishaw on behalf of Defendant Western Surety Company. (Dishaw, Meredith) |
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Filing 7
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 3/24/2015, FRCP 26f Conference Deadline is 3/10/2015, Initial Disclosure Deadline is 3/24/2015, by Judge James L. Robart. (CC)
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| Filing 6 NOTICE of Appearance by attorney Todd W. Blischke on behalf of Defendant Western Surety Company. (Blischke, Todd) |
| Filing 5 CERTIFICATE OF SERVICE by Plaintiff United States of America for the use of Salinas Construction, Inc. re #1 Complaint, 3 Summons Issued by Mail upon Insurance Commissioner (Richard, Michael) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by United States of America for the use of Salinas Construction, Inc. (Richard, Michael) |
| Filing 3 Summons Issued and mailed to attorney for service as to defendant(s) Western Surety Company. (MD) |
| Filing 2 PRAECIPE TO ISSUE SUMMONS re #1 Complaint by Plaintiff United States of America for the use of Salinas Construction, Inc. (Richard, Michael) |
| Filing 1 COMPLAINT against defendant(s) Western Surety Company (Receipt # 0981-3855552), filed by United States of America for the use of Salinas Construction, Inc..(Richard, Michael) |
| NOTICE: Pursuant to Fed.R.Civ.P 7.1, Plaintiff Salinas Construction, Inc., must file a Corporate Disclosure Statement by 12/31/2014 if applicable. (ST) |
| Judge James L. Robart added. (ST) |
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