DLB Enterprises LLC et al v. Kanawha Stone Company, Inc. et al
Plaintiff: DLB Enterprises LLC and State of West Virginia formerly doing business as DLB Enterprises LLC
Defendant: Kanawha Stone Company, Inc. and Travelers Casualty and Surety Company of America
3Rd Party Defendant: McCrossin Foundations, LLC and Hartford Fire Insurance Company
Case Number: 2:2022cv00046
Filed: January 26, 2022
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Thomas E Johnston
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 18, 2022 Opinion or Order Filing 25 NOTICE OF ENTRY OF APPEARANCE by Lori Azzara on behalf of McCrossin Foundations, LLC. (Azzara, Lori)
March 15, 2022 Opinion or Order Filing 24 ANSWER TO #11 Counterclaim and Thirds-Party Complaint by DLB Enterprises LLC. (Daniels, Norman)
March 15, 2022 Opinion or Order Filing 23 MEMORANDUM OF LAW by DLB Enterprises LLC in support of #22 MOTION by DLB Enterprises LLC to Dismiss Counts I and IV of the #11 Counterclaim and Third-Party Complaint. (Daniels, Norman)
March 15, 2022 Opinion or Order Filing 22 MOTION by DLB Enterprises LLC to Dismiss Counts I and IV of the #11 Counterclaim and Third-Party Complaint. (Daniels, Norman) (Modified on 3/16/2022 to add link to #11 counterclaim and third-party complaint) (kew).
March 15, 2022 Opinion or Order Filing 21 AMENDED ANSWER #1 Complaint by Travelers Casualty and Surety Company of America. (Adkins, J.) (Modified on 3/16/2022 to add link to #1 complaint) (kew).
March 15, 2022 Opinion or Order Filing 20 AMENDED ANSWER #1 Complaint by Kanawha Stone Company, Inc. (Adkins, J.) (Modified on 3/16/2022 to add link to #1 complaint) (kew).
March 15, 2022 Opinion or Order Filing 19 ORDER granting the #16 Joint Motion to Amend. Motions under FR Civ P 12(b) - 5/2/2022. Last day for Rule 26(f) meeting - 5/16/2022. Last day to file Report of Parties' Planning Meeting - 5/23/2022. Telephonic Scheduling Conference at 10:00 AM on 5/27/2022, before the undersigned, unless canceled. Entry of Scheduling Order - 5/31/2022. Last day to serve FR Civ P 26(a)(1) disclosures - 6/8/2022. Signed by Judge Thomas E. Johnston on 3/14/2022. (cc: counsel of record; any unrepresented party) (lca)
March 10, 2022 Opinion or Order Filing 18 THIRD PARTY SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 3/7/2022 as to McCrossin Foundations, LLC. Certified Mail Number: 92148901125134100003473910. (mfo)
March 10, 2022 Opinion or Order Filing 17 THIRD PARTY SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 3/7/2022 as to Hartford Fire Insurance Company. Certified Mail Number: 92148901125134100003473927. (mfo)
March 9, 2022 Opinion or Order Filing 16 JOINT MOTION by Kanawha Stone Company, Inc., DLB Enterprises LLC to Amend #9 Order and Notice. (Adkins, J.) (Modified on 3/10/2022 to add party filer) (kew).
February 23, 2022 Opinion or Order Filing 15 ELECTRONIC SUMMONS ISSUED as to Hartford Fire Insurance Company, McCrossin Foundations, LLC, re: #11 Third-Party Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: #1 Third-Party Summons Issued as to McCrossin Foundations, LLC) (kew)
February 22, 2022 Opinion or Order Filing 14 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Travelers Casualty and Surety Company of America (Adkins, J.)
February 22, 2022 Opinion or Order Filing 13 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Kanawha Stone Company, Inc. (Adkins, J.)
February 22, 2022 Opinion or Order Filing 12 ANSWER TO #1 Complaint Travelers Casualty and Surety Company of America.(Adkins, J.) (Modified on 2/23/2022 to correct party filer) (kew).
February 22, 2022 Opinion or Order Filing 11 COUNTERCLAIM by Kanawha Stone Company, Inc. against DLB Enterprises LLC and THIRD-PARTY COMPLAINT by Kanawha Stone Company, Inc. against McCrossin Foundations, LLC, Hartford Fire Insurance Company with Jury Demand. (Attachments: #1 Proposed Summons (Hartford), #2 Proposed Summons (McCrossin), #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13)(Adkins, J.) (Modified on 2/23/2022 to add jury demand) (kew).
February 22, 2022 Opinion or Order Filing 10 ANSWER TO #1 Complaint by Kanawha Stone Company, Inc. (Adkins, J.)
February 4, 2022 Opinion or Order Filing 9 ORDER AND NOTICE: Motions under FR Civ P 12(b) - 2/28/2022. Last day for Rule 26(f) meeting - 3/14/2022. Last day to file Report of Parties' Planning Meeting - 3/21/2022. Telephonic Scheduling Conference at 10:00 AM on 3/25/2022, before the undersigned, unless canceled. Entry of Scheduling Order - 3/30/2022. Last day to serve FR Civ P 26(a)(1) disclosures - 4/8/2022. Signed by Judge Thomas E. Johnston on 2/4/2022. (cc: counsel of record; any unrepresented party) (kew)
February 3, 2022 Opinion or Order Filing 8 STATEMENT OF VISITING ATTORNEY from M. Joseph Pierce on behalf of DLB Enterprises LLC, State of West Virginia. Local counsel: Norman T. Daniels, Jr. Fee $50.00. Receipt # AWVSDC-8125242. (Attachment: #1 Exhibit A)(Daniels, Norman)
February 3, 2022 Opinion or Order Filing 7 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 1/27/2022 as to Travelers Casualty and Surety Company of America. Certified Mail Number: 92148901125134100003447881. (kew)
February 3, 2022 Opinion or Order Filing 6 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 1/27/2022 as to Kanawha Stone Company, Inc. Certified Mail Number: 92148901125134100003447898. (kew)
February 1, 2022 Opinion or Order Filing 5 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiffs DLB Enterprises LLC, State of West Virginia (Daniels, Norman)
January 27, 2022 Opinion or Order Filing 4 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)
January 27, 2022 Opinion or Order Filing 3 AMENDED CIVIL COVER SHEET by DLB Enterprises LLC in support of #1 Complaint. (Daniels, Norman)
January 27, 2022 Opinion or Order Filing 2 ELECTRONIC SUMMONS ISSUED as to Kanawha Stone Company, Inc., Travelers Casualty and Surety Company of America, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: #1 Electronic Summons issued as to Travelers Casualty and Surety Company of America) (mfo)
January 26, 2022 Opinion or Order Filing 1 COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8119546. (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 Proposed Summons as to Kanawha Stone Company, Inc., #15 Proposed Summons as to Travelers Casualty and Surety Company of America, #16 Civil Cover Sheet) (mfo) (Modified on 1/27/2022 to modify filing date) (ts).
January 26, 2022 Opinion or Order CASE assigned to Chief Judge Thomas E. Johnston. (klc)

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Plaintiff: DLB Enterprises LLC
Represented By: Norman T. Daniels, Jr.
Represented By: Wesley V. Queen
Represented By: M. Joseph Pierce
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Plaintiff: State of West Virginia formerly doing business as DLB Enterprises LLC
Represented By: M. Joseph Pierce
Represented By: Norman T. Daniels, Jr.
Represented By: Wesley V. Queen
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Defendant: Kanawha Stone Company, Inc.
Represented By: J. Mark Adkins
Represented By: Patrick C. Timony
Represented By: Zachary James Rosencrance
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Defendant: Travelers Casualty and Surety Company of America
Represented By: J. Mark Adkins
Represented By: Patrick C. Timony
Represented By: Zachary James Rosencrance
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3rd party defendant: McCrossin Foundations, LLC
Represented By: Lori Azzara
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3rd party defendant: Hartford Fire Insurance Company
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