Philadelphia Indemnity Insurance Company v. Desert Utility & Paving, LLC

Federal Civil Lawsuit New Mexico District Court, Case No. 1:17-cv-01200
District Judge Robert C. Brack, presiding
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District Judge Robert C. Brack
Last Updated July 29, 2025 at 8:15 AM EDT (9.5 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
Defendant: Century Club Construction, LLC, Cruz A. Bennie, Desert Utility & Paving, LLC, Jeffrey S. Webster, JWEB Construction, LLC
Plaintiff: PHILADELPHIA INDEMNITY INSURANCE COMPANY
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 190 - Contract: Other Contract Actions
Jurisdiction Diversity
Case Status closed
Jury Demand None
Monetary Demand $850,000
Timeline
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Legal Document (Payment Possibly Required)  Filed: 12/8/2017, Entered: None Unknown Document Type
Summons Issued as to Cruz A. Bennie, Century Club Construction, LLC, Desert Utility & Paving, LLC, JWEB Construction, LLC, Jeffrey S. Webster. (iam)
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Legal Document (Payment Possibly Required)  Filed: 12/6/2017, Entered: None Unknown Document Type
Filing and Administrative Fees Received: $ 400 receipt number 1084-5536525 re 1 Complaint filed by Philadelphia Indemnity Insurance Company, a Pennsylvania corporation (Payment made via Pay.gov)(Rubacha, Edward)
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Legal Document (Payment Possibly Required)  Filed: 12/6/2017, Entered: None Unknown Document Type
U.S. Magistrate Judge Kirtan Khalsa and U.S. Magistrate Judge Jerry H. Ritter assigned. (iam)
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Legal Document (Payment Possibly Required) 40 Filed: 5/6/2019, Entered: 5/6/2019 Court Filing
STIPULATED FINAL JUDGMENT in favor of Plaintiff against Defendants by Sr. District Judge Robert C. Brack. (jn)
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Legal Document (Payment Possibly Required) 39 Filed: 4/15/2019, Entered: 4/15/2019
NOTICE by Cruz A. Bennie, Century Club Construction, LLC, Desert Utility & Paving, LLC, JWEB Construction, LLC, Jeffrey S. Webster Notice of Defendants' Compliance With Court's March 28, 2019 Minute Order To Submit Closing Documents On Or Before April 15, 2019 (Montano, Larry)
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Blank 38 Filed: 3/28/2019, Entered: 3/28/2019 Court Filing
ORDER to Submit Closing Documents by Magistrate Judge Jerry H. Ritter. Closing documents due by close of business on 4/15/2019 absent good cause for an extension. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mlt)
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Blank 37 Filed: 3/28/2019, Entered: 3/28/2019 Court Filing
Clerk's Minutes for proceedings held before Magistrate Judge Jerry H. Ritter: Status Conference held on 3/28/2019. Participants included Edward Rubacha for Plaintiff and Larry Montano for Defendants. The parties informed the Court that they have settled this case. The Court will enter an Order requiring closing documents to be filed by 4/15/2018. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mlt)
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Blank 36 Filed: 3/22/2019, Entered: 3/22/2019 Court Filing
ORDER by Magistrate Judge Jerry H. Ritter setting a Status Conference for 3/28/2019 at 02:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jerry H. Ritter. Counsel shall call my toll-free AT&T conference line at (888) 278-0296, enter access code 9998216, and press # to be joined to the proceedings. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mlt)
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Legal Document (Payment Possibly Required) 35 Filed: 3/21/2019, Entered: 3/21/2019
NOTICE by Cruz A. Bennie, Century Club Construction, LLC, Desert Utility & Paving, LLC, JWEB Construction, LLC, Jeffrey S. Webster re 31 MOTION for Summary Judgment Notice of Extension to File a Response (Montano, Larry)
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Legal Document (Payment Possibly Required) 34 Filed: 3/14/2019, Entered: 3/14/2019
NOTICE by Cruz A. Bennie, Century Club Construction, LLC, Desert Utility & Paving, LLC, JWEB Construction, LLC, Jeffrey S. Webster re 31 MOTION for Summary Judgment Notice of Extension to File a Response (Montano, Larry)
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Legal Document (Payment Possibly Required) 33 Filed: 3/7/2019, Entered: 3/7/2019
NOTICE by Cruz A. Bennie, Century Club Construction, LLC, Desert Utility & Paving, LLC, JWEB Construction, LLC, Jeffrey S. Webster re 31 MOTION for Summary Judgment Notice of Extension to File a Response (Montano, Larry)
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Legal Document (Payment Possibly Required) 32 Filed: 2/22/2019, Entered: 2/22/2019
NOTICE by Cruz A. Bennie, Century Club Construction, LLC, Desert Utility & Paving, LLC, JWEB Construction, LLC, Jeffrey S. Webster re 31 MOTION for Summary Judgment Notice of Extension to File A Response (Montano, Larry)
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Legal Document (Payment Possibly Required) 31 Filed: 1/10/2019, Entered: 1/10/2019
MOTION for Summary Judgment by Philadelphia Indemnity Insurance Company. (Attachments: # 1 Exhibit Declaration) (Rubacha, Edward)
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Legal Document (Payment Possibly Required) 30 Filed: 12/19/2018, Entered: 12/19/2018 Court Filing
Clerk's Minutes for proceedings held before Magistrate Judge Jerry H. Ritter: Settlement Conference held on 12/19/2018. Case did not settle. As discussed during the Conference, Defendants must provide Plaintiff with their statements of assets and liabilities no later than 1/15/2019. (mlt)
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Legal Document (Payment Possibly Required) 29 Filed: 12/10/2018, Entered: 12/10/2018 Court Filing
Clerk's Minutes for proceedings held before Magistrate Judge Jerry H. Ritter: Pre-settlement Status Conference held on 12/10/2018. (mlt)
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Blank 28 Filed: 11/7/2018, Entered: 11/7/2018 Court Filing
ORDER by Magistrate Judge Jerry H. Ritter that the parties shall call the Court's AT&T Conference Line (rather than the meet me line) for the presently-scheduled hearing before Judge Ritter in this case. The new phone number is (888) 278-0296 (access code: 9998216).[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mlt)
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Legal Document (Payment Possibly Required) 27 Filed: 9/5/2018, Entered: 9/5/2018 Court Filing
ORDER by Magistrate Judge Jerry H. Ritter setting a Settlement Conference for 12/19/2018 at 09:30 AM in Albuquerque - 440 Hondo Courtroom before Magistrate Judge Jerry H. Ritter. Pre-settlement Status Conference set for 12/10/2018 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jerry H. Ritter. Settlement statements are due to chambers on or before 12/6/2018. (mlt)
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Blank 26 Filed: 3/5/2018, Entered: 3/5/2018 Court Filing
NOTICE of Hearing: Bench Trial set for 09/30/2019, through 10/08/2019, (approximately seven (7) days), at 09:00 AM in Las Cruces - 440 Guadalupe Courtroom (North Tower) before District Judge Robert C. Brack. (ao)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Blank 25 Filed: 3/5/2018, Entered: 3/5/2018 Court Filing
NOTICE of Hearing: Final Pretrial Conference set for 09/06/2019, at 08:30 AM in Las Cruces - 440 Guadalupe Courtroom (North Tower) before District Judge Robert C. Brack. (Counsel may appear telephonically for all Pretrial Conferences by calling Judge Brack's 'meet me' line a few minutes before the time scheduled for the Pretrial Conference. Should you choose this conference method, please contact Chambers). (ao)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Blank 24 Filed: 3/5/2018, Entered: 3/5/2018 Court Filing
NOTICE of Hearing: Initial Pretrial Conference set for 08/02/2019, at 08:30 AM in Las Cruces - 440 Guadalupe Courtroom (North Tower) before District Judge Robert C. Brack. (Counsel may appear telephonically for all Pretrial Conferences by calling Judge Brack's 'meet me' line a few minutes before the time scheduled for the Pretrial Conference. Should you choose this conference method, please contact Chambers). (ao)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Legal Document (Payment Possibly Required) 23 Filed: 3/1/2018, Entered: 3/1/2018 Court Filing
SCHEDULING ORDER by Magistrate Judge Jerry H. Ritter. Discovery due by 12/14/2018. Motions due by 1/31/2019. Proposed Pretrial Order due by 3/15/2019. (bjp)
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Legal Document (Payment Possibly Required) 22 Filed: 3/1/2018, Entered: 3/1/2018 Court Filing
Clerk's Minutes for proceedings held before Magistrate Judge Jerry H. Ritter: Scheduling Conference held on 3/1/2018. (bjp)
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Legal Document (Payment Possibly Required) 21 Filed: 2/20/2018, Entered: 2/20/2018
STIPULATION of Mutual Extension of Parties' Initial Disclosure Deadline by Cruz A. Bennie, Century Club Construction, LLC, Desert Utility & Paving, LLC, JWEB Construction, LLC, Jeffrey S. Webster (Montano, Larry)
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Legal Document (Payment Possibly Required) 20 Filed: 2/20/2018, Entered: 2/20/2018
Joint Status Report and Provisional Discovery Plan by Philadelphia Indemnity Insurance Company (Rubacha, Edward)
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Legal Document (Payment Possibly Required) 19 Filed: 1/30/2018, Entered: 1/31/2018 Court Filing
ORDER by District Judge Robert C. Brack denying 5 Motion for Preliminary Injunction (yc)
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Blank 18 Filed: 1/18/2018, Entered: 1/18/2018 Court Filing
ORDER by Magistrate Judge Jerry H. Ritter resetting the Scheduling Conference set for 2/27/2018 to 3/1/2018 at 02:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jerry H. Ritter. All other deadlines in the Court's Initial Scheduling Order (Doc. 16) remain in effect. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mlt) Modified on 1/19/2018 (yc).
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Legal Document (Payment Possibly Required) 17 Filed: 1/8/2018, Entered: 1/8/2018
REPLY to Response to Motion re 5 MOTION for Preliminary Injunction filed by Philadelphia Indemnity Insurance Company. (Rubacha, Edward)
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Legal Document (Payment Possibly Required) 16 Filed: 1/3/2018, Entered: 1/3/2018 Court Filing
INITIAL SCHEDULING ORDER by Magistrate Judge Jerry H. Ritter setting a Rule 16 Initial Scheduling Conference for 2/27/2018 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jerry H. Ritter. Joint Status Report and Provisional Discovery Plan due by 2/20/2018. (mlt)
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Legal Document (Payment Possibly Required) 15 Filed: 1/2/2018, Entered: 1/2/2018 Court Filing
PLEASE TAKE NOTICE that this case has been reassigned to District Judge Robert C. Brack as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. District Judge Martha Vazquez no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kdh)
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Legal Document (Payment Possibly Required) 14 Filed: 1/2/2018, Entered: 1/2/2018
ANSWER to 1 Complaint by Cruz A. Bennie, Century Club Construction, LLC, Desert Utility & Paving, LLC, JWEB Construction, LLC, Jeffrey S. Webster. Related document: 1 Complaint filed by Philadelphia Indemnity Insurance Company.(Montano, Larry)
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Legal Document (Payment Possibly Required) 13 Filed: 12/29/2017, Entered: 12/29/2017
RESPONSE in Opposition re 5 MOTION for Preliminary Injunction Defendants' Memorandum In Opposition To Plaintiff's Motion For Preliminary Injunction filed by Cruz A. Bennie, Century Club Construction, LLC, Desert Utility & Paving, LLC, JWEB Construction, LLC, Jeffrey S. Webster. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Montano, Larry)
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Legal Document (Payment Possibly Required) 12 Filed: 12/29/2017, Entered: 12/29/2017
NOTICE of Appearance by Larry J Montano on behalf of All Defendants (Montano, Larry)
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Legal Document (Payment Possibly Required) 11 Filed: 12/18/2017, Entered: 12/18/2017 Court Filing
AFFIDAVIT of Service for Complaint; Corporate Disclosure Statement; Motion for Preliminary Injunction; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction; Motion for Expedited Briefing and Hearing; Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge; Summons; Information Sheet for T.R.O.; Order served on Jeffrey S. Webster; Bennie A. Cruz; Desert Utility & Paving, LLC; Century Club Construction, LLC; JWEB Construction, LLC on December 10, 2017; December 17, 2017, filed by Philadelphia Indemnity Insurance Company. (Rubacha, Edward)
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Legal Document (Payment Possibly Required) 10 Filed: 12/13/2017, Entered: 12/13/2017 Court Filing
ORDER by District Judge Martha Vazquez. IT IS THEREFORE ORDERED that a copy of this Order, together with Plaintiff's Application [Doc. 9 ], Plaintiff's Motion for Expedited Briefing and Hearing [Doc. 7 ], Plaintiff's Motion for Preliminary Injunction [Docs. 5 , 6 ], and Plaintiff's Complaint [Doc. 1 ], be personally served upon Defendants by Plaintiff, unless a lawyer has entered an appearance for Defendants, no later than December 18, 2017. (gr)
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Legal Document (Payment Possibly Required) 9 Filed: 12/8/2017, Entered: 12/8/2017
NOTICE by Philadelphia Indemnity Insurance Company re 5 MOTION for Preliminary Injunction TRO Info Sheet (Rubacha, Edward)
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Legal Document (Payment Possibly Required) 8 Filed: 12/8/2017, Entered: 12/8/2017 Court Filing
PLEASE TAKE NOTICE that this case has been reassigned to District Judge Martha Vazquez as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Kirtan Khalsa no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iam)
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Legal Document (Payment Possibly Required) 7 Filed: 12/7/2017, Entered: 12/7/2017 Court Filing
MOTION to Expedite Briefing and Hearing by Philadelphia Indemnity Insurance Company. (Rubacha, Edward) Modified to term as Moot per Order Doc 19 by U.S. District Judge Robert C. Brack ] on 1/31/2018 (jjs).
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Legal Document (Payment Possibly Required) 6 Filed: 12/7/2017, Entered: 12/7/2017
MEMORANDUM in Support re 5 MOTION for Preliminary Injunction filed by Philadelphia Indemnity Insurance Company. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Proposed Order) (Rubacha, Edward)
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Legal Document (Payment Possibly Required) 5 Filed: 12/7/2017, Entered: 12/7/2017
MOTION for Preliminary Injunction by Philadelphia Indemnity Insurance Company. (Rubacha, Edward)
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Legal Document (Payment Possibly Required) 4 Filed: 12/6/2017, Entered: 12/6/2017
APPENDIX/SUPPLEMENT Civil Cover Sheet by Philadelphia Indemnity Insurance Company (Rubacha, Edward)
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Legal Document (Payment Possibly Required) 3 Filed: 12/6/2017, Entered: 12/6/2017 Court Filing
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kirtan Khalsa to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iam)
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Legal Document (Payment Possibly Required) 2 Filed: 12/6/2017, Entered: 12/6/2017
Corporate Disclosure Statement by Philadelphia Indemnity Insurance Company, a Pennsylvania corporation identifying Corporate Parent Tokio Marine Holdings, Inc. for Philadelphia Indemnity Insurance Company, a Pennsylvania corporation. (Rubacha, Edward)
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Legal Document (Payment Possibly Required) 1 Filed: 12/6/2017, Entered: 12/6/2017
COMPLAINT against All Defendants ( Filing Fee - Online Payment), filed by Philadelphia Indemnity Insurance Company, a Pennsylvania corporation. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Rubacha, Edward)
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